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PC R 91-1321� � RE90L[lTION NO. 91 A RE90I�TION OF THE PI,AM�iING �sISSI�T OF THE CITY OF ARR�YO C�2ANDE RDOQ��1�iDING C�iNTING A VARIAN(�, CA.SE NO. 90-154, APPLIF.D E�OiR BY LY�iS Fi�URAN'PS, INC. I,OC�TID AT 840 CIAK PARK BCxJLEVARD, �C.E�DING TF� N[Il�ER OF SIC�IS ALL�IID FOdt A SINGL�E US�E. W�, the Planning Ccrrmission of the City of Arroyo Grande has considered Variance Application No. 90-154, filed by Lyons Restaurants, Inc. for a variance at 840 Oak Park BouTevard in the Planned Development/"C-3" zone; and WI�RFA.S, the Planning Catmission has held a public hearing on this application in accordance with the City Code; and Wf�iS, the Planning Calmission has found that this project is consistent with the General Plan and the environmental docwnents associated therewith;.and Wf�3tF�S, the project has been fotmd to be categorically exempt fro�n the provisions of the California Environmental Quality Act (CE�QA) per Section 15311(a); and W�, the Planning Catmission finds, after due study, deliberation and public hearing, the following circwnstances exist: 1. There are exceptions or extraordinary circw�tances applicable to this property including the site layout which places the main entrance to the building on an inner courtyard. 'I'his entrance location requires additional signage to direct custaners into the restaurant. 2. The strict application of section 9-4.2407 of the Municipal Code (relating to the maxim�nn nwnber of signs) does deprive such property of privileges enjoyed by other properties in the vicinity or same zone because th� layout of other buildings provides entrances facing a public street where the business signage is located. 3. The granting of the deviation is canpatible with the objectives, policies and uses specified in the general plan because the proposed signage ca�r�plies with Policy 6.12 of the Land Use Element of the General Plan and provides adequate identification for the business. 4. The granting of this variance will not be detrimental to other properties. N(�l, �E, SE IT RF�SOLVID that the Planning Cormussion of the City of Arroyo Grande hereby recam�ends approval of said variance to the City Council, subject to the standard conditions of the City and those conditions listed below: General Co�ditioa�s 1. 2. The applicant Shall ascertain and camply with all State, County and City requirements as are applicable to this project. Developrn��nt shall occur in substantial conformance with the plans presented to the City Council at the meeting ofFebruary 12, 1991 and marked "Exhibit A". 3. This application shall autanatically expire on January 15, 1992 unless a building permit is issued. Sixty (60) days prior to the expiration of the approval, the applicant may apply to the Planning Director for an extension of one (1) year fro�n the original date of expiration. Any further extensions beyond one (1) year shall require Planning Co�mission approval, after a recorm�endation by the Architectural Advisory Carrnittee. 7 0°� Resolution No. 91-13 January 15, 1991 Page 2 - 4. The applicant shall agree to defend at his/her sole expense any action brought against the City, its agents, officers, or employees bec:ause of the issuance of said approval, or in the alternative, to relinq�ush such approval. The applicant shall reimburse the City, its agents, c�fficers, or employees, for any court costs and attorney's fee's which the City, its agents, officers or esnployees 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 actii�n but such participation shall not relieve applicant of his/her oblicr�tions under this condition. � Plaiuu.ng DePartn�t C�ditioa�s 5, Development shall conform with Ordinance 140 C.S. and the C-3 :?;oninq requirements unless otherwise approved. Building Departm�t Conditio�s 6, Prior to issuance of � building permit(s) existing signage shall be removed seconded by Commissioner � and On motion of Car►tussioner (�llagher , on the following roll call vote, to wit: for new signage, ��11 Ay�; Qonmissioners Gallagher, Boggess, Souza, N�ore and Vic�_ C�ai�man Sot� NOES: None � pg��: �h,airn�n Carr and �nnissioner Brandy the foregoing Resolution was Passed and adopted this 15th day of Jai�ixary, 1991. A • � � � Pearl L. Phinney, Secretary ohm So , Vice Chairn�an �