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PC R 95-1529RESOLUTION NO. 95-1529 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE GRA►NTING VARIANCE CASE NO. 95-191 FOR SIGN DEVIATIONS, APPLIED FOR BY DARC ENTERPRISES, INC., AT 1147 GRANU AVENUE WHEREAS, the Planning Cornmission of the City of Attoyo Grande has considered Variance Case No. 95-191, filed by DARC Enterprises, Inc., to allow a tenant listing on the main project monument sign; and WIiEREAS, 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 hudship not otherwise shared by others in the surrounding area. The site may house several businesses that need identification tv be successful. Since 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 the site. � 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. This use is a converted residence that is sited far from the street and the individual tenant signs on the building will not be visible from the street. 3. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyeci 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 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 inaterially i�ijurious to properties or improvements in khe 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 the City because said signs are important to the success of these businesses but are not out of scale or character with other signs in this zone and vicinity. NOW, TH�REFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves said variance, subject to those conditions listed below: Resolutioii No. 95-1529 Amended Variance Case No. 95-191 DARC Enterprises, Inc. November 7, 1995 Page Two 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 a building permit is issued. Thirty (30) days prior to the expiration of the approva�, 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 "Exhibit A" except as modified by the conditions of approval. 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 empioyees 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. 95-538 and Planned Sign Program Case No. 95-117. On motion by Commissioner Soto, seconded by Commissioner Lubin, and by the following roll call vote, to wit: AYFS: Commissioners Soto, Lubin, Beck, Deviny, Tappan, and Keen NOES: None ABSENT: Commissioner Carr the foregoing Resolution was adopted this 7th day of November, 1995. ATTEST: � L Breese, Commission Clerk AS O CO: �. Doreen Libe , Jo een, Chai.Fp� on Blanck, Community Development Director