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PC R 91-1340RESOLUTION NO. 91 -13 4 0 � A RESOLUTION OF THE PLANNING COMIVIISSION OF THE CITY OF ARROYO GRANDE GRANTING A VARIANCE, CASE NO. 91-158, APPLIED FOR BY RICK AND CINDY COLLINS AT 240 W. BRANCH STREET FOR AN EXCEPTIDN TO THE REQUIltEMENT THAT A SINGLE FAMII,Y . RFSIDENCE HAVE A TWO-CAR CARAGE, INSTRUCTING THE SECRETARY TO FILE A NOTICE OF DETERNIINATION AND ADOI'TING A NEGATIVE DECLARATION. � �j� WHEREAS, the Planning Commission of the; City of Arroyo Grande has considered Variance Application No. 91-158, filed by Rick andCind�Collins for a variance at 240 W. Branch Street in the SF Single Family District; and ��. . ., y ,� " WHEREAS, the Planning Commission has held a public hearing on this application 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 WHEREA5, the project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) and the Planning Commission hereby adopts a negative declaration; and � � WHEREAS, the Planning Commission found, after due study, deliberation and public hearing, the following circumstances exist: 1. The granting of this variance will not be detrimental to other properties. 2. There are exceptions or extraordinary circumstances applicable to this property because the subject property is the only one in the area without some type of off-street parking and the addition of a garage for off-street parking would require substantial grading and retaining walls. The subject house is of older construction and is in character with the rest of the neighborhood. Construcdon of a new house or the requirement for a garage could alter the appearance and character of the neighborhood. 3. The strict application of the SF zone does deprive such property of privileges enjoyed by other properties in the vicinity or same zone because the applicants would have to do significant grading and construct large retaining walls to provide the required parking�. Other properties have existing off-street parking facilities. 4. The granting of the deviation is compatible with the objectives, policies and general plan uses specified in the general plan. . NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves said variance, subject to the standard conditions of the City and those conditions listed below: Mitigation Measures 1. 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 water heaters or hot water recirculating systems, drip imgation with drought tolerant landscaping and etcetera. All fixtures and designs shall be installed prior to final occupancy. General Condition"s 2. The applicant shall ascertain and comply with all State, County and City requirements as are applicable to this project. 3. Development shall occur in substantial conformance with the plans presented to the Planning Commission at the meeting of 7une 18, 1991 and marked "Exhibit A". v,risnce.rw ltesolution No. 91- 4 0 June 18, 1991 - Page 2 - , x. 0 //7 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 ma y, 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 SF zoning requirements unless otherwise approved. , � , Public Works Department Conditions� • � 6. The applicants shall post a cash deposit to the City Clerk to guarantee installation of curb, gutter and sidewalk on the West Branch Street frontage. The amount of the cash deposit shall be the cost estimate to install the curb, gutter and sidewalk, including the grading and paving conformance (Sec. 9-4.2421(c) of the Municipal Code. If not otherwise prohibited, the applicant may post a bond in lieu of casli deposit. - �re Department Conditions � 7. Prior to final occupancy, the applicants shall post the property address so it is visible from West Branch Street. The address shall be posted� in a�location where the viability of the numbers cannot be obstructed. - On modon of Commissioner Gallagher, seconded by Commissioner Brandy, and by the following roll call vote, to wit: AYES: Commissioners Souza, Gallagher, Moore, Brandy and Chairman Carr NOES: ,: � Commissioner Soto - ABSENT: Commissioner Boggess the foregoing Resolution was passed and adopted this 18th day of June 1991. Attest: �ear ` � inney, Se retary Anoyo Grande Planning Co mission .. -`,4� �-. .. �yR � � P� � ` I .� r / / A % � 1.! � Robert W. Carr, Chairman Arroyo Grande Planning Commission V�I18�CC.ICi