Loading...
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