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PC R 06-1987RESOLUTION NO. 06-1987 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING CONDITIONAL USE PERMIT 05-017 AND VARIANCE 05- 006; LOCATED AT 206 NORTH HALCYON ROAD; APPLIED FOR BY THE CITY OF ARROYO GRANDE WHEREAS, the City of Arroyo Grande has filed Conditional Use Permit 05-017 and Variance 05-006 to place a modular office building and improve six (6) parking spaces on a vacant lot located at 206 North Halcyon Road; and WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Conditional Use Permit 05-017 and Variance 05-006 at a public hearing on January 17, 2006 in accordance with the Development Code of the City of Arroyo Grande; and WHEREAS, the Planning Commission found that this project is consistent with the City's General Plan, Development Code and the environmental documents associated therewith, and has determined that the project is categorically exempt under the provisions of the California Environmental Quality Act (CEQA); and WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing, the following findings can be made in an affirmative manner: ronditional s _ P .rmit Findina�s�. The proposed use is permitted within the Public Facility (PF) district pursuant to Section 16.16.050 of the Development Code, and complies with all applicable provisions of the Development Code, the goals and objectives of the Arroyo Grande General Plan, and the development policies and standards of the City. 2. The proposed use will not impair the integrity and character of the district in which it is to be established or located because the proposed use is consistent with the PF zoning district, and modular building will be appropriately screened through the use of vegetation. 3. The site is suitable for the type and intensity of use or development that is proposed because all the necessary easements, circulation, parking and setbacks would be provided, with the exception of the front yard setback, which is addressed with Variance 05-006. 4. There are adequate provisions for water, sanitation, and public utilities and services to ensure the public health and safety. 5. The proposed use will not be detrimental to the public health, safety, or welfare, or materially injurious to properties and improvements in the vicinity because the proposed project would not create adverse environmental impacts. RESOLUTION NO. 06-1987 CUP 05-017 & VAR 05-006 PAGE 2 1�F.17F1iT.T��IT � : 1. The strict or literal interpretation and enforcement of the minimum required front yard setback, when viewed in light of existing lot dimensions, Uniform Building Code requirements and parking standards, would result in a much smaller building footprint. The hardship of requiring a 20' front yard setback is not shared by others within the surrounding area, as the immediate area allows a range of front yard setbacks, from 0-15'. 2. There are exceptional conditions applicable to the property involved; specifically, the lot is 6,000 square-feet, whereas the minimum lot size for the PF zoning district is 25,000 square-feet. While not every lot in the PF zoning district is 25,000 square-feet, they are generally greater than 6,000 square-feet. 3. The strict or literal interpretation and enforcement of the required front yard setback would deprive the applicant of privileges enjoyed by the owners of other properties classified in the PF zoning district, as it would reduce the proposed building footprint to less than 24% of the lot area, whereas other properties in the PF zoning district can develop up to 45% of the lot area. 4. That 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, as other similar properties could also apply for a variance, which would be held to the same required findings as this variance. 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 the variance is consistent with the objectives and policies of the general plan and the intent of this title. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves Conditional Use Permit 05-017 and Variance 05-006, with the above findings and subject to the conditions as set forth in Exhibit "A", attached hereto and incorporated herein by this reference. On motion by Commissioner Fellows, seconded by Chair Brown, and by the following roll call vote, to wit: AYES: Commissioners Fellows, Brown, Parker, Tait and Ray NOES: None ABSENT: None RESOLUTION NO. 06-1987 CUP 05-017 & VAR 05-006 PAGE 3 the foregoing Resolution was adopted this 17 day of January, 2006. ATTEST: n J L N REARDON-SMITH, SECRETARY TO THE COMMISSION '`— - � TIM BROWN, CHAIR AS TO CONTENT: RCSB'STRONG, COMMUNITY DEVEL PMENT DIRECTOR RESOLUTION NO. 06-1987 CUP 05-017 & VAR 05-006 PAGE 4 EXHIBIT "A" CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 05-017 AND VARIANCE 0�006 206 NORTH HALCYON ROAD •►�►i . � � •-►i ► � '_: ►� ► ����1�:7_1��i ►I�l�IirC�I�� This approval authorizes the placement of a modular office building and improvement of six (6) parking spaces at 206 North Halcyon Road: 1 2. 3 The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. The applicant shall comply with all conditions of approval for Conditional Use Permit 05-017 and Variance 05-006. Development shall conform to the Public Facility (PF) zoning requirements except as otherwise approved. � . �.� : � ��: �� ► �e���l :: • ► � • ► 10. The project shall comply with the most recent editions of the California State Fire and Building Codes and the Uniform Building and Fire Codes as adopted by the City of Arroyo Grande. 11. The project shall provide complete compliance with State and Federal disabled access requirements. �_1:7�+ : : _ • ► _ . � _ � - __ : � i ► ► C: •►� •► 12 13 The applicant shall replace each existing living eucalyptus tree to be removed with a 24" box redwood tree. The final landscape plan shall be subject to review and approval by the Director of Parks, Recreation and Facilities. RESOLUTION NO. 06-1987 CUP 05-017 & VAR 05-006 PAGE 5 PLANNING COMMISSION 14. Approval of this use permit shall be reconsidered in eight years (January 17, 2014). 15. The City shall retain an independent arborist to evaluate the proposed removal of trees. 16. The final landscape plan shall be subject to ARC review and approval prior to occupancy of the building. � 1 < .i