PC R 90-13155 �'
RFSOLiITI�i NO. 90-1315
A RF.SOLIITI�i OF TI� PI�Fll�iING Cl�Il�IISSION OF Tf� CITY OF
ARROYO C�tAI�ID� C�2ANTING A VARIANC,E, CASE NO. 90-151,
APPLIID FO�t SY PEDIATRICS A.SSOCIATFS LOC'ATF� AT 1156
GRAND AVII�[JE, ALLC�IING � HEI(�1T OF FIId� AND WALIS TO
EXG� SIX (.6) F'EE.T AND ADOPTING A NDGAT-IVE DF7CLARATI�i.
�, - the Planning Co�rmissian of the City. of Arroyo Grande has
considered Variance Application No. 90-151, filed by the Pediatrics Associates,
for a variance at 1156 Grand Avenue in the "C-2" General Coamtercial zone; and
WI�tFAS, the Planning Carrmission has held a public .hearing-on this
application in accordance with the City Code; and
Wf�tF�l.S, the Planning Com�nussion has fo�d that this project is consistent
with the General Plan and the_Environmental docLm�ents-associated therewith; and
F1E�tII�iS, the project has been found to have no significant environmental
impact �.uider the proVisions of the California E�i�ironme.ntal Quality Act (CE)Q�);
and , ,
Wf�II�S, the Planning Co�rtnission instructs the Secretary to file a Notice
of Determination; and . : _ _._ _ . .: � _ _ . _
�FAS, the Planning Co�ussion finds, after due study, deliberation and
public hearing, the following circwnstances exist:
1. The granting of this variance will not be detrimental to other properties
because all walls will have to designed by an engineer to cam�ly with city
standards, which will protect adjacent properties.
2. There are exceptions or extraordinary circimtstances applicable to this
property because imported fill on this site and design constraints require
taller than normal walls and fences to allow for developqnexit of this site.
3. The strict application of the C-2 zone does deprive such property of
privileges enjoyed by other properties in the vicinity or same zone
because without the variance, the site will not be able to be developed to
the extent that other properties can be developed.
4. The granting of the deviation is caanpatible with the objectives, policies
and general plan uses specified in the general plan.
NC�1, �RE, BE IT RFd9�LVED that the Planning C�mission of the City of
Arroyo Grande hereby approves said variance, subject to the standard conditions
of the City and those listed below:
C�neral Co�ditio�s
1.
i►�
The applicant shall asc�rtain and cc�nply with all State, County and City
requirements as are applicable to this project.
Development shall occur in substantial confonnance with the plans
presented to the Planning Carrmission at the meeting of Noveanber 6, 1990
and marked "Exhibit B".
3. The applicant shall agree to defend at his/her sole expense any action
brought against the City, its agents, officers, or e�nployees 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 �nployees 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
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RF�OLUTION NO. 90-1315
PAGE ZWO
4. In the event that during. grading, construction or development of the
project, any archaeological resources are uncovered, all work shall be
halted tmtil the City has reviewed the resources for their significance.
If hwnan burials are encountered, the County Coroner (549-4513) shall be
contacted imnediately. The applicant may be required to provide
archaeological studies and/or mitigation measures. All grading and
improveme�it plans shall be.noted to reflect this condition.
planning Departmezit Coalditio�n.s '
5. Developn�ent shall conform with the C-2 zoning requiresnents unless
otherwise approved. .
On motion of.Co�mtissioner Gall.agher, seconded by Co�mLissioner Souza, and
an the following roll call vote, to wit:
AY�S: Comnissioners Brandy,..Gal.lagher, Souza, Boggess and Chairn�i Carr
NOES: None ,
ABSII�iT: Caa�missioners Moore and Soto
the foregoing Resolution was passed and adopted this 6th day of Nove�nber, 1990.
AZTFaSP :
� � _� �
Pearl L. Phinney Robert W. Carr
Planning Coarmission Secretary� .Chairman . �-
_ . . . - �