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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 � 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 . �- _ . . . - �