PC R 95-1509RTSOLUTION NO. 95-1509
A RFSOLUTION OT TIi� PLANNING COMMISSION OF
T�IE CITY Or ARROYO GRANDE R�COMM�NDING
APPROVAL OT' vAKIANCC CAS� NO. 95-189, AI'PLI�D
FOR BY OTTS�, INC. TO TIIT: CITY COUNCIL
WHEREAS, the Planning Commission of the City of Arroyo Grande has considered
Variance Case No. 95-189, filed by Ottse, Inc.,� to allow flags and allow signs that exceed the
number, heigl�t, total area, and area for a single sign face allowed by the Development Code;
and
WHER�AS, the Planning Commission has held a public hearing on this application in
accordance with the City Code; and
WH�REAS, 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 (CLQA) and has determined that the project is
categorically exempt per CEQA Guidelines Section 15311(a); and
WIIER�AS, tl�e Planning Commission finds, after due study, deliberation �nd public
hearing, t}ie following circumstances exist:
1. The strict or literal interpretation and enforcement of tlie sign regulations would result
in practical difficulty or unnecessary hardsf�ip not otl�erwise sliared by otl�ers in tlie
surrounding area. Tl�e present depressed economic climate -in California warrants an
extra effort to draw people to the project site. Because this area has been hard l�it by tl�e
lack of available buyers in all price ranges, especially in the custom home market,
billboards are necessary to bring every possible prospect from the freeway.
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
ott�er properties classified in tl�e same�zone. Tlie property comprises 287 acres witl� 353
proposed dwelling units. This large area makes standard signage inadequate. Also, due
to a lack of visibility from public roads, Rancho Grande is precluded from easy access
and viewing of tl�e sales office and home sites. Rariclio Grande is set back several
}�undred feet from East Brancl� Street and at a different elevation. Rancho Parkway is
a winding road which limits visibility to the sales office. Signs are necessary to draw
attention, not only to tl�e presence of new l�ome sites, but also to guide interested persons
to the sales office. .Tl�e proposed signs of tl�e Sign Program enclosed are for temporarX
use which are for identification and guidance purPoses. All signs and flags are for
temporary use. Tl�e billboarcf size is necessary for increased visibilitY from Higi�way
101.
3. The strict or literal interpretation and enforcement of the specified regulation would
deprive the applicant of privileges enjoyed by owners of otlier properties classified in tlle
same zone.
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.
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Resolutioii No. 95-1509
Variance CASe No. 95-189
Ottse, Inc.
June 6, 1995
Page Two
5. The granting of the variance will not be detrimental to tlie public healtt�, safety or
welfare, or materially injurious to properties or improvements in the vicinity. The flags
associated with the information signs will be kept in good condition and replaced when
signs of fading or tearing appear.
6. The granting of a variance is consistent witl� tl�e objectives and policies of tl�e General
Plan and the intent of the Development Code which are to encourage economic vitality
and business activily, protect investments while preserving the environment and character
of tlie City.
NOW, THEREFORE, BE IT R�SOLV�D that the Planning Commission of the City
of Arroyo Grande hereby recommends approval of said variance to the City Council, subject to
the standard conctitions of the City and those conditions listed below:
GenerAl Conditions
1. The applicant shall ascextain and co►nply with all State, County and City requirements
as are applicable to tliis project.
2. This application shall automatically expire on , 1997 unless a building permit
is issued and substantial construction is commenced and diligently pursued toward
completion, or a final inspection is conducted. Thirty (30) days prior to the expiration
of the approval, the applicant may apply to the Planning Commission for an extension
of one (1) year from the origirtal date of expiration.
3. Development shall occur in substantial conformance with the plans presented to the City
Council at the meeting of , 1995 and marked "Exhibit A".
4. The applicant shalI agree to defend at his/t�er 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. Tl�e applicant sl�all reimburse the City, its
agents, officers, or employers, 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 af its own expense in the defense
of any such action but sucll participation shall not relieve applicant of his/her obligations
under this condition.
On motion by Commissioner Tappan, seconded by Commissioner Deviny, and by the
following roll call vote, to wit:
AYES: Commissioners Tappan, Soto, Carr, Deviny, Beck and Chairperson Keen
NOES: None
ABSENT: Commissioner Hatcl�ett
the foregoing Resolution was adopted tliis 6ti� day of June, 1995.
ATTEST:
Nan o n, Commi ion CI J Keen, C�' rson
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