PC R 94-1467RrSOLUTIUN NO. 94-1467
A RTSOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ARROYO GRANDE RECOMMENDING THE
CITY COUNCIL GRANT VARIANCE CASE NO. 94-183,
APPLIED FOR BY LEVITZ FURNITURE CORPORATION,
AT 1450 W�ST BRANCH STR�ET
WHEREAS, the Planning Commission of the City of Arroyo Grande has considered
Variance Case No. 94-183, filed by Levitz Furniture Corporation, to allow signs that exceed the
number, total area, and azea for a single sign face allowed by the Development Code in the
Planned Development, PD 1.1 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.
WHEREAS, the Planning Commission finds, after due study, deliberation and public
hearing, the following circumstances exist:
1. The strict or literal interpretation and enforce►nent of tlie specified regulation would result
in practical difficulty or unnecessary hardship not otherwise shared by o[hers in the
surrounding area. Specifically, without the variance, the public would have difficulty
locating the business because the signs are inadequate in size or number. Additionally,
the customer pick-up sign aids in business operation and the smooth flow of traffic.
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 location of the building in
relationship to the freeway requires the number and size of wall signs needs to be
increased to allow adequate visibility.
3. Tl�e 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.
4. The granting of tl�e 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.
6. The granting of a variance is consistent witl� the objectives and policies of the General
Plan and the intent of tl�is title.
NOW, THEREFORE, BE IT RTSOLVED that the Planning Commission of the City
of Arroyo Grande hereby recommends that the City Council approve said variance, subject to
the standard conditions of the City and those conditions listed below:
Resolution No. 94-1467
Variance Case No. 93-183
Levitz Furniture Corporation
May 3, 1994
Page Two
General Conditions
1. TIZe applicant shall ascertain and comply with all State, County and City requirements
as are applicable to this project.
2. Tliis application shall automatically expire on (insert date of City Council meeting), 1996
unless a building permit is issued and substantial construction is commenced and
diligently pursuecl toward completion, or a�nal inspection is conducted. Tliirty (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 tl�e original date of expiration.
3. Development shall occur in substanlial conformance with the plans presented to the City
Council at the meeting of (insert date of City Council meeting), 1994 and marked
"Exhibit A".
4. The applicant shall agree to defend at l�is/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 employers, for any court costs and attorney's fee's whicli 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 tlie defense
of any such action but such participation shall not relieve applicant of his/her obligations
under this condition.
Planning Department Conditions
5. All banners shall be removed after permanent signs have been installed, but prior to final
inspection of the signs.
Building and Fire Dep�rtment Condit.ions
6. The applicant shall apply for and be granted permits for the signs; shall pay necessary
fees; and cail for necessary inspections.
On motion of Commissioner Soto, seconded by Commissioner Deviny, and on the following roll
call vote, to wit:
AYES: Commissioners Soto, Reilly, Deviny and Chairman Carr
NOFS: Commissioner Hatchett
ABSENT: Commissioners Tappan and Keen
the foregoing Resolutivn was passed and adopted this 3rd day of May, 1994.
ATTEST:
� i
Nancy Brown ommission Clerk Robert W. Carr, Chairman