PC R 92-13761�9�
WHEREAS, the Planning Commission of the City of Arroyo Grande has considered
Variance Case No. 92-164, filed by Earl Patton, to allc�w reduction in size o; an open parking
space adjacent to a wall or fence, in the MF, Condominium/Townhouse Residential zone; and
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ARROYO GRANDE GRANTIlVG A
VARIANCE, CASE NO. 92-164, APPLIED FOR BY EARL
PATTON AT 121 POOLE STREET, VARIANCE TO ALLOW
REDUCTION IN SIZE OF AN OPEN PARKING SPACE
ADJACENT TO A WALL OR FENCE IN THE MF ZONE
,
WHEREAS, the Planning Commission has held a public hearing on this app!ication in
accordance with the City Code; and
WHEREAS, the Planning Commission has found that this project is consistent with the
General Plan and the Environmental documents associated therewith; and
WHEREAS, the Planning Commission has reviewed tl�is project in compliance with the
California Environmental Quality Act (CEQA) and has determ.ined that a Negative Declaration
can be adopted, and instructs the Secretary to file a Notice of i�etermination; and
WHEREAS, the Planning Commission finds, after due study, deliberation anc public
hearing, the following circumstances exist:
1. The strict or literal interpretation and enforcement of the s�ecified regulation would result
in practical difficulty or unnecessary hardship not other°�ise shared by othe-s in the
surrounding area.
2. There are exceptional or extraordinary circumstances or c.onditions applicable to the
property involved or to the intended use of the property +:hat do not apply gene�ally to
other properties classified in the same zone.
3. The strict or literal interpretation and enforcement of t)le specified regulatioi� would
deprive the applicant of privileges enjoyed by owners of othex properties classifed in the
same zone.
RESOLUTION NO. 92-1376
4.
5.
6.
7.
The granting of the variance will not constitute a grant of� spe��ial privilege inc+>nsistent
with the limitations on other properties classified in the same ��pne.
The granting of the variance will not be detrimental _to the public l�ealth, s�.fety or
welfare, or materially injurious to properties or improvements in ihe vicinity.
The granting of a variance is consistent with the objectives and pol:�cies of the Ceneral
Plan and the intent of this title.
The granting of the requested variance will not result in the parking o1' vehicles on public
streets in such a manner as to interfere with the free flow of traffic.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City
of Arroyo Grande hereby approves said variance, subject to the standard con�iitions of the City
and those listed below:
General Conditions
1. The applicant shall ascertain and comply with all State, County and City requirements
as are applicable to this project.
2. This application shall automatically expire on July 7, 1994 unless a building permit is
issued and substantial construction is commenced and diligently pursued toward
completion, or a Certificate of Occupancy is issued. Th'irty (30) days prior to the
expiration of the approval, the applicant may apply to the Planning Commission for an
extension of one (1) year from the original date of expiration.
1�9�
Resolution No. 92-1376
Earl Patton
June 2, 1992
Page Two �
3. Development shall occur in substantial conformance with the plans presented to the
Planning Commission at the meeting of June 2, 1992 and marked "Exhibit A".
4. The applicant shall agree to defend at his/her sole expense any action brought against the
City, its agents, officers, or employees because of the issuance of said approval, or in
the alternative, to relinquish such approval. The applicant shall reimburse the City, its
agents, officers, or employers, for any court costs and attorney's fee's which the City,
its agents, officers or employees may be required by a court to pay as a result of such
action. The. City may, at its sole discretion, participate at its own expense in the defense
of any such action but such participation shall not relieve applicant of his/her obligations
under this condition.
5. All construction shall utilize fixtures and designs which minimize water usage. Such
fixtures and designs shall include, but are not limited to, low flow shower heads, water
saving toilets, instant wat2r heaters or hot water recirculating systems. All fixtures and
designs shall be installed prior to final occupancy.
Planning Depai�tment Conditions
6. Development shall canform with the MF zoning requirements unless otherwise
approved.
7. Prior to issuance of building permits for the apartment over the garage, the applicant
' shall apply, pay fees and have approved, plot plan review and minor architectural review
for the apartment.
Building Department Conditions
8. Prior to issuance of building permits for the apartment, the applicant shall apply for
permits and pay appropriate fees.
9: All structures as regulated by the currently adopted issues of the Uniform Building Code
and related codes, are subject to all seismic conditions as they would apply to earthquake
zone 4.
10. All structures as regulated by the currently adopted issues of the Uniform Building Code
and related code,, are s�ibject to energy regulations as described in Title 24 of the
' California Administrative Code for climate zone 5. �
Parks and Recreation Department Conunents
11. Prior to issuance of building permits for the apartment, the applicant shall meet with the
Parks and Recreation Director to ascertain the measures required to protect all trees on-
site during construction. All protective measures required by the Director of Parks and
Recreation shall be in place prior to issuance of building permits.
12. Prior to issuance of building permits for the apartment, the existing carport shall be
rebuilt so that it is not supported by the redwood tree.
On motion of Commissioner Carr, seconded by Commissioner Moore, and on the
following roll call vote, to wit:
AYES: Commissioners Carr, Moore, Groves, Tappan and Chairman Brandy
NOES: None
ABSENT: None
ABSTAIN: Commissioners Soto and Souza
the foregoing Resolution was passed and adopted this 7th day of July, 1992.
ATTEST:
�-
Mona Prelesnik, Commission Clerk
�t �.�t�u
Drew randy, Chairman