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PC R 97-1623RESOLUTION NO. 97-1623 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE GRANTtNG VARIANCE CASE N0. 97-202 FOR SIGN DEVIATIONS, APPLIED FOR BY COOKIE CROCK WAREHOUSE, LOCATED AT 1221 GRAND AVENUE WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Variance Case No. 97-202, filed by Cookie Crock Warehouse, to allow a sign to exceed the maximum sign area from 70 square feet to 110 square feet as allowed by the Development Code in the General Commercial district; and WHEREAS, the Planning Commission has held a public hearing on this application in accordance with the City Code; and WHEREAS, the Planning Commission has found that this project is consistent with the General Plan and the Environmental Documents associated therewith; and WHEREAS, 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 the specified regulation would result in practical difficulty or unnecessary hardship not otherwise shared by others in the surrounding area. A survey of similar uses shows that major tenants within comparable 'shopping center have signs similar to the sign proposed by the applicant. 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. Specifically, the Cookie Crock Warehouse storefront is located approximately 350 feet from the curbface on Grand Avenue. In addition, there is an existing freestanding building located between Cookie Crock and Grand Avenue. Both of these factors result in a physical hardship not commonly found in commercial shopping centers in the vicinity. 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. 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. 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. Resolution No. 97-1623 Variance Case No. 97-202 Cookie Crock Warehouse, 1221 Grand Avenue May 20, 1997 Page 2 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 the City because said signs are important to the success of this and similar businesses but are not out of scale or character with other signs in this zone and vicinity. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves Variance Case No. 97-202, with the above findings and subject to the conditions as set forth in Attachments "A", attached hereto and incorporated herein by this reference. On motion by Commissioner O'Donnell, seconded by Commissioner Rondeau, and by the following roll call vote, to wit: � I AYES: Commissioners O'Donnell, Rondeau and Lubin � NOES: Commissioners Haney and Greene ABSENT: None the foregoing Resolution was adopted this 20th day of May, 1997. ATTEST: L ille Breese, Commission lerk �AS TO CONTENT: Doreen Libert� Blanck, Community Development Director Resolution No. 97-1623 ATTACHMENT "A" CONDITIONS OF APPROVAL VARIANCE CASE NO. 97-202 Cookie Crock Warehouse 1221 Grand Avenue COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS This approval authorizes the installation of a 110 square foot building mounted sign for the major tenant space located at 1221 Grand Avenue. 1. The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. 2. The applicant shall comply with all conditions of approval for Variance Case No. 97-202 and Ptanned Sign Program Case No. 97-123. 3. This application shall automatically expire on May 20, 1999 unless a building permit is issued. Thirty (30) days prior to the expiration of the approval, the applicant may apply for an extension of one (1) year from the original date of expiration. 4. Development shall occur in substantial conformance with the plans presented to the Planning Commission at the meeting of May 20, 1997 and marked Exhibit "A". 5. The applicant shall agree to defend at his/her sole expense any action brought against the City, its present or former agents, officers, or employees because of the issuance of said approval, or in anyway relating to the implementation thereof, 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.