PC R 92-1361154
RESOLUTION NO. 92-1361
A RESOLUTION OF THE PLANNING CONIlVIISSION OF
THE CITY OF ARROYO GRANDE GRANTING A
VARIANCE, CASE NO. 91-161, APPLIED FOR BY CASA
TIERRA INVESTMENTS/ROSE VICTORIAN INN AT
789 VALLEY ROAD, VARIANCE FOR SUB-STANDARD
PARKING BACK-UP DISTANCE
WHEREAS, the Planning Commission of the City of Arroyo Grande has considered
Variance Case No. 91-161, filed by Casa Tierra Investments, to allow a 21 foot turn around in
a parking area instead of the required 24 foot turn around, in the General Commercial District;
and
WHEREAS, the Planning Commission has held a public hearing on this application in
accordance with the City Code; and
WfIEREAS, 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 this project in compliance with the
California Environmental Quality Act (CEQA) and has determined that a Negative Declaration
can be adopted, and instructs the Secretary to file a Notice of Determination; and
WHEREAS, the Planning Commission finds, after due study, deliberation and public
hearing, the following circumstances exist:
1. The strict or literal interpretation and enforcement of the specified regulation would result
in practical difficulty or unnecessary hardship not otherwise shared by others in the
sunounding area. Specifically, without the reduced turn-around area adequate parldng
would not be available for the use.
2. There are exceptional or extraordinary circumstances or conditions applicable to the
property involved or to the intended use of the property that do not apply generally to
other properties classified in the same zone. Specifically, the site contains a number of
historic structures which limit the space available for parking.
3. The strict or literal interpretation and enforcement of the specified regulation would
deprive the applicant of privileges enjoyed by owners of other properties classified in the
same zone. Specifically, adequate parking would not be available for the use.
4. The granting of the variance will not constitute a grant of special privilege inconsistent
with the limitations on other properties classified in the same zone.
5. The granting of the variance will not be detrimental to the public health, safety or
welfare, or materially injurious to properties or improvements in the vicinity.
6. The granting of a variance is consistent with the objectives and policies of the General
Plan and the intent of the Development Code.
7. The granting of the requested variance will not result in the parking of vehicles on public
streets in such a manner as to interfere with the free flow of traffic. The granting of the
variance will ensure the provision of adequate on-site parking which will reduce the
possibility of parking of vehicles on public streets.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City
of Anoyo Grande hereby approves said variance, subject to the standard conditions 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.
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Resolution No. 92-1361
Casa Tierra Investments/Rose Victorian Inn
January 21, 1992
Page 2
2. This application shall automatically expire on January 21, 1994 unless a building permit
is issued and substantial construction is commenced and diligently pursued toward
completion, or a Certificate of Occupancy is issued. Thirty (30) days prior to the
expiration of the approval, the applicant must apply to the Planning Commission for an
extension of one (1) year from the original date of expiration if an extension of time is
desired.
3. Development shall occur in substantial conformance with the plans presented to the
Planning Commission at the meeting of January 21, 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 employees, 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.
Planning Department Conditions
5. Development shall conform with the GC zoning requirements unless otherwise approved.
0
7.
7a.
All new paving between the main building and the former carriage house shall be
concrete construction.
One parking space and the proposed paving (with the exception of a small triangular area
by the existing deck) shall be eliminated in front of the former carriage house.
The applicants may, at their discretion, eliminate one (1) parking space in the lot fronting
Valley Road, with the intent to save the lemon trees.
Parks and Recreation Department Conditions
8. Prior to clearing, grubbing, grading or commencement of any construction the applicant
shall relocate the existing shed to a location approved by the Director of Pazks and
Recreation.
9. Prior to clearing, grubbing, grading, or commencement of any construction, the applicant
shall, provide fencing in a location approved by the Director of Parks and Recreation
around all trees to remain and as required by the Director of Parks and Recreation. No
construction or storage of materials or equipment shall occur within the fences.
On motion of Commissioner Groves, seconded by Commissioner Carr, and on the
following roll call vote, to wit:
AYFS: Commissioners Carr, Moore, Boggess, Groves and Chairman Brandy
NOES: None
ABSTAIN: Commissioners Soto and Souza
the foregoing Resolution was passed and adopted this 21 st day of 7anuary, 1992.
ATTEST:
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M � 1 n Leining , Secre Drew Brandy, Chairman