PC R 96-1552R�SOLUTION NO. 96-1552
A R�SOLUTION OF TI PLANNING COMMISSION OF
TI-iC CITY OF ARROYO GRANDE GRANTING VARIANCE
CASE NO. 96-194 FOR SIGN DTVIATIONS, APPLIED FOR
BY JOSEPII WAIS, AT �lfi4 GRAND AVENUE
VVHEREAS, the Planning Commission of the City of Arroyo Grande has considered
Variance Case No. 96-194, filed by Joseph Wais, to allow tenant listings on the monument sign;
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
WHEREAS, the Planning Comrnission finds, after due study, deliberation and public
hearing, the following circumstances exist:
The strict or literal interpretation and enforcement of the specified regulation would result
in practical difficulty or unnecessary hardship not otl�erwise sl�ared by others in the
surrounding area. The site may house tliree businesses that need identification to be
successful. Siiice the site is not a readily identifiable shopping center, lack of tenant
listing on the monument sign will result in potential customers having difFiculty locating
tl�e site.
2. There are exceptional or extraordinary cir.curnstances or conditions applicable to the
property involved or to the intended use of the property tliat do not apply generally to
other properties classiCed in the same zone. The proposed building is sited far from the
street and configured such that the individual tenant signs on the building will not be
visible from tlie street.
3. The strict or literal interpretation and enForcement of the specified regulation would
deprive the applicant of pri.vileges enjoyed by owners of other properties classified in the
same zone because other similar uses generally enjoy signage that is in excess of what
is being proposed by the applicant.
4. The granting of the variance will not constitute a grant of special privilege inconsistent
witl� tl�e limitations on other properties classi�ed in the same zone.
5. Tt�e grantiT�g of tlie 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 w}�ile preserving the environment and character
of the City because said signs are important to the success of these businesses but are not
out of scale or character witli other signs in this zone and vicinity.
Resolution No. 96-1552
Variance Case No. 96-194
Joseph Wais
February 20, 1996
Pnge Two
NOW, T��EREFORE, BE IT RESOLVED that the Planning Commission of the City of
Arroyo Grande hereby adopts a negative declaration, instructs the secretary to file a Notice of
Determination, and approves Variance Case No. 96-194, with the above findings and subject to
the conditions as set forth in Attachment "A", attached hereto and incorporated herein by this
reference.
On motion by Commissioner Deviny, seconded by Commissioner Soto, and by the
following roll call vote, to wit:
AYES: Deviny, Soto, Tappan, Beck and Keen
NOFS: None
ABSENT: Commissioners Carr and Lubin
the foregoing Resolution was adopted this 20th day of February, 1996.
ATTEST:
� ,
uci e Breese, ommission Clerk
AS TO CONTENT:
���� -
C
Joh een, Cha��erson
Doreen Liberto-Blanck, Community Development Director
�
ATT'ACI�M�NT "A"
CONDITIONS OF APPROVAL VAR 9G-194
11G4 Gr�nd Avenue
WAIS
GENERAL CONDITIONS
�OMMUNITY DEVELOPMENT DEPARTMENT
This approval authorizes a monument sign with listings for two tenants.
1. Tlie 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 Planned Sign Program
Case No. 96-119 and Conditional Use Permit Case No. 96-542.
3. This application shall automaticaliy expire on January 20, 1998 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 conforrnance with the plans presented to the
Planning Cornmission at the meeting of January 20, 1996 and marked "Exhibit "B".
5. The applicant shall agree to defend at liis/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 t}iereof, 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 sl�all not relieve applicant of his/l�er obligations under this
condition.
DEVELOPMENT CODE
6. Development shall conform with t}�e General Co►nmercial zoning requirements except as
otherwise approved.