PC R 03-1891�ESOLUTION NO. 03-1891
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARROYO GRANDE ADOPTING A NEGATIVE DECLARATION WITH
MITIGATION MEASURES, INSTRUCTING THE SECRETARY TO FILE A
NOTICE OF DETERMINATION, AND APPROVING LOT LINE
ADJUSTMENT CASE NO. 03-003 AND VARIANCE CASE NO. 03-003,
LOCATED AT 121 LE POINT STREET, APPLIED FOR BY PATRICK
KENNEDY
WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Lot
Line Adjustment 03-003, filed by Patrick Kennedy, to reconfigure two (2) existing lots, and
Variance 03-003 for minimum lot size and frontage on a public street, but not for the
sidewalk requirement.
WHEREAS, the Planning Commission has held a public hearing on this application in
accordance with the Development Code of the City of Arroyo Grande; and
WHEREAS, the Planning Commission finds that this project is consistent with the City's
General Plan, Development Code and the environmental documents associated therewith,
and has reviewed the draft Negative Declaration with mitigation measures 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 circumstances exist:
Variance Findings:
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
within the surrounding area.
2. That 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.
3. That strict or literal interpretation and enforcement of the specified regulation would
deprive the applicant of privileges enjoyed by the owners of other properties
classified in the same zone.
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.
5. That 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. That the granting of a variance is consistent with the objectives and policies of the
General Plan and the intent of the Development Code.
RESOLUTION NO. 03-1891
PAGE 2
Required CEQA Findings:
The City of Arroyo Grande has prepared an initial study pursuant to Section
15063 of the Guidelines of the California Environmental Quality Act (CEQA), for
Variance No. 03-003.
2. Based on the initial study, a Mitigated Negative Declaration was prepared for public
review. A copy of the Mitigated Negative Declaration and related materials is
located at City Hall in the Community Development Department.
3. After holding a public hearing pursuant to State and City Codes, and considering
the record as a whole, the Planning Commission adopts a negative declaration and
finds that there is no substantial evidence of any significant adverse effect, either
individually or cumulatively on wildlife resources as defined by Section 711.2 of the
Fish and Game Code or on the habitat upon which the wildlife depends as a result
of development of this project. Further, the Planning Commission finds that said
Mitigated Negative Declaration reflects the City's independent judgment and
analysis.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Arroyo Grande hereby adopts a negative declaration with mitigation measures, instructs
the Secretary to file a Notice of Determination, and approves Lot Line Adjustment 03-003
and Variance 03-003, with the above findings and subject to the conditions of approval as
set forth in Exhibit "A", attached hereto and incorporated herein by reference.
On motion by Commissioner Arnold, seconded by Commissioner Keen, and by the
following roll call vote, to wit:
AYES:
NOES:
ABSENT:
Commissioners Arnold, Keen, Fowler and Chair Guthrie
None
Commissioner Brown
the foregoing Resolution was adopted this 5 day of Augu
ATTEST:
�
LY REARDON-SMITH,
COMMISSIOIV CLERK
AS TO CO
THRIE, CHAIR
ROB