R 2445
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RFJ5OUJTI~ NO. 2445
A RESOUJTI~ OF 'mE CI'lY CXXJNCIL OF 'mE CI'lY OF ARROYO
GRANDE REXXHfEJIDING GWrl'ING A VARIANCE, CIISE NO. 90-
154, APPLIED FCR BY LYCWS REST1\IJRAN'l'S, INC. LOC2mm AT
840 OI\K PARK BOOLEI1ARD, EXCEEDING 'mE IDfBIm OF SIGNS
AI.LCRED FCR A SINGLE USE.
WHEREAS, the City council 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 Boulevard in the Plarmed Development/"C-3" zone; and
WHmFAS, the City Council has held a public hearing on this application
in accordance with the City Code; and
WHEREAS, the City Council has found that this project is consistent with
the General plan and the envirOl1ll81tal dOCl.lllents associated therewith; and
WHmFAS, the project has been found to be categorically eXEl1ilt fran the J
provisions of the California EhvirOl1ll81tal Quality Act (CI!tIA) per Section
15311(a); and
WHmFAS, the Planning Calm:i.ssion of the City of Arroyo Grande on this
application on January 15, 1991; and
WHEREAS, the Planning Calm:i.ssion found, after due study, deliberation
and public hearing, the following cirCUYlStances exist:
l. There are exceptions or extraordinary cirCUYlStances applicable to this
property including the site layout which places the main entrance to the
building on an inner courtyard. This entrance location requires
acklitional signage to direct custaners into the restaurant.
2. The strict application of section 9-4.2407 of the Municipal Code
(relating to the naxillU1l nurber of signs) does deprive such property of
privileges enjoyed by other properties in the vicinity or same zone
because the layout of other buildings provides entrances facing a public
street where the business signage is located.
3. The granting of the deviation is carpatible with the objectives,
policies and uses specified in the general plan because the proposed
signage cooplies 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.
WHEREAS, the City Council found, after due study, deliberation and
public hearing that the findings nade by the Planning Cmmissian were
appropriate.
NCH, ~, BE IT RmLVED that the City Council of the City of
Arroyo Grande hereby approves said variance, subject to the standard
conditions of the City and those conditions listed below:
General Candi tions
l. The applicant shall ascertain and cooply with all State, County and City I
I
requirements as are applicable to this project. J
2. Development shall occur in substantial conforrrance with the plans
presented to the City Council at the meeting of February 12, 1991 and
narked "Exhibit A".
3. This application shall autanatically expire on February l2, 1992 unless
a building permit is issued. Sixty (GO) days prior to the expiration of
the approval, the applicant nay apply to the Planning Director for an
extension of one (l) year fran the original date of expiration. Any
further extensions beyond one (1) year shall require Planning Calm:i.ssion
approval. after a recommendation by the Architectural Advisory
Camri.ttee.
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Resolution No. 2445
February 12, 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 Enployees because of
the issuance of said approval, or in the alternative, to relinquish such
approval. The applicant shall reinburse the City, its agents, officers,
or Enployees, for any court costs and attorney's fee's which the City,
its agents, officers or Enployees may be required by a court to pay as a
resul t 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.
i
, Planning Department Cooditioos
I
I 5. Developwent shall conform with Ordinance 140 C.S. and the C-3 zoning
'- requirerrents unless otherwise approved.
Buildinq Department Cooditioos
6. Prior to issuance of any building pe~t(s) for new signage, all
existing signage shall be rE!lOOved
On motion of Council Merri:Jer Smi th , seconded by Council Herrber Dougall
and on the following roll call vote, to wit: '
AYES:Council Members Smith, Dougall, Moots, Olsen and Mayor Millis
NOES: None
ABSmfl':None
the foregoing Resolution was passed and adopted this l2th day of February
1991.
" '~~;A
HARK H. HILLIS, HAYOR
AT'1'ES'l' :
CI~ a. ~
APPROVED AS TO FORM:
'-' I, NANCY A. Dl\.VIS, City Clerk of the City of Arroyo Grande, County
of San Luis Obispo, State of California, do hereby certify under penalty
of perjury that the foregoing Resolution No. 2445, is a true, full and
correct copy of said Resolution passed and adopted at a regular meeting
of said Council on the 12th day of February, 1991.
WIWESS my hand and the Seal of the City of Arroyo Grande affixed
this 15th day of February, 1991.
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CITY c:J..mK