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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. 15� � 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: - .� M � 1 n Leining , Secre Drew Brandy, Chairman