PC R 95-1533RCSOLUTION NO. 95-1533
A RESOLUTION OF T�iE PLANNING COMMISSION OF
THE CITY OF ARROYO GRANDE GRANTING VARIANCE
CASE NO. 94-186, AMENDMENT �2 FOR SIGN
DEVIATIONS, APPLIED FOR BY JlM FREDENBERG, AT
525 TRAFFIC WAY
WHEREAS, the Planning Commission of the City of Arroyo Grande has considered
Variance Case No. 94-186, Amendment #2, filed by Jim Fredenberg, to allow signs that exceed
the number and total area allowed by the Development Code in the Highway Commercial, HC-
D-2.11 Zone; and
WIIEREAS, the Planning Commission has held a public hearing on this application in
accordance with the City Code; and
VVHEREAS, the Planning Commission lias found that this project is consistent with the
General Plan and the Environmental Documents associated therewith; and
WIiEREAS, the Planning Commission has reviewed this project in compliance with the
California Environmental Quality Act (CEQA) and has determined that the project is
categorically exempt per CEQA Guidelines Section 15311(a); and
WHEREAS, the Planning Commission finds, after due study, deliberation and public
hearing, the following circumstances exist:
1. The strict or literal interpretation and enForcement of lhe specified regulation would result
in practical difficulty or unnecessary hardship not otherwise shared by others in the
surrounding area.
2. 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. The shape of the building is unique as is
the location and the situation of l�aving two separate businesses in a mini mart.
3. The strict or literal interpretation and enforcement of the specified regulation would
deprive the applicant of privileges enjoyed by owners of other properties classified in the
same zone because other similar uses generally enjoy signage that is consistent with what
is being proposed by the applicant.
4. Tt�e 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. 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 a variance is consistent with the objectives and policies of the General
Plan and the intent of the Development Code which are to encourage economic vitality
and business activity, protect investments while preserving the environment and character
of tlie City because said signs are important to the success of this and similar businesses
bi�t are not out of scale or character with ott�er signs in this zone and vicinity.
Resolutioii No. 95-1533
Variance Case No. 94-186 Amendment �2
Jun Fredenberg
November 7, 1995
Page Two
NOW, THEREFORE, BE IT RFSOLVED that the Planning Commission of the City
of Anoyo Grande hereby approves said variance, subject to the standard conditions of the City
and those conditions listed below:
CONDITIONS OF APPROVAL
General Conditions
1. The applicant shall ascertain and comply with all State, County and City requirements
as are applicable to this project.
2. This application shall automatically expire on November 7, 1997 unless the signs are
installed. Thirty (30) days prior to the expiradon of the approval, the applicant may
apply for an extension of one (1) year from the original date of expiration.
3. Development shall occur in substantial conformance with the plans presented to the
Planning Commission at the meeting of November 7, 1995 and marked "Exl�ibit A".
4. The applicant shall agree to defend at his/her sole expense any action brought against the
City, its agents, officers, or employees 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 employees, for any court costs and attorney's fee's which the City,
its agents, officers or employees 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. The applicant shall comply with all conditions of approval of Conditional Use Permit
Case No. 94-524 and Planned Sign Program Case No. 94-114a, Amendment #2.
On motion by Commissioner Lubin, seconded by Commissioner Beck, and by the
following roll call vote, to wit:
AYFS: Commissioners Lubin, Beck, Soto, lleviny, Tappan and Keen
NOES: None
AB5ENT: Commissioner Carr �
the foregoing Resolution was adopted this 7th day of November, 1995.
ATTEST:
� .
Luc' 1 Breese, Commission Clerk
TO CONTENT:
Doreen
-Blanck, Community Development Director
�
Jo een, C' e son