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PC R 93-1433RESOLUTION NO. 93-1433 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE GRANTING A VARIANCE, CASE NO. 93-182, APPLIED FOR BY CUESTA TITLE GUARANTY AT 129 - 135 NORTH HALCYON ROAD, VARIANCE TO ALLOW A MONUMENT SIGN THAT LISTS TENANTS WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Variance Case No. 93-182, filed by Cuesta Title Guaranty, to allow a roof sign and a monument sign that lists tenants, in the General Commercial District; and WHEREAS, the Planning Commission lias held a public hearing on this application in accordance with the City Code; and WHEREAS, the Planning Commission has found that tl�is project is consistent with the General Plan and the Environmental documents associated therewitli; 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 enforcement of the specified regulation would result in practical difficulty or unnecessary hardship not otherwise shared by others in the surrounding area. Specifically, without the variance, the public would be unable to locate tenants within the complex. 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 layout of the center, with limited street frontage, makes building signage ineffective. Also, the complex is not large or commonly identified by a common name or large tenant. Therefore, a . monument sign that did not list tenants would be ineffective in providing the public with knowledge of the location of a particular tenant. 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. Specifically, other office complexes have direct street frontage or directory type monument signs to provide tenant identification. 4. 5. Q 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. 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. The granting of a variance is consistent with the objectives and policies of the General Plan and the intent of this title. NOW, T`HEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves said variance, subject to the following conditions of approval: General Conditions l. The applicant shall as are applicable to ascertain and comply with all State, County and City requirements this project. 2. This application shall automatically expire on September 7, 1995 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 original date of expiration. Resolulion No. 93-1433 Variance Case No. 93-182 Cuesta Title Guaranty September 7, 1993 Page Two I I 3. Development shall occur in substantial conformance with the plans presented to the Planning Commission at the meeting of September 7, 1993 and marked "Exhibit A". 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 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 at its own expense in the defense of any such action but such participation shall not relieve applicant of his/her obligations under tllis condition. Architectural Advisory Committee Conditions 5. The roof sign sl�all be eliminated. 6. A second wall sign, in proportion witi� existing wall signs, may be installed to the right of the Title Company door and window. Prior to final building inspection, the applicant shall submit the proposed sign to AAC for review and approval. Plam�ing Department Conditions 7. All signs not conforming to this planned sign program shall be removed prior to issuance of building permits. 8. Individual tenants shall be allowed two wall signs per building frontage with a public entrance. Wall signs shall be 12 inches l�igl� and 30 inclies wide. Colors and materials shall be as shown on Exhibit "A". 9. The monument and directory signs sliall be as sl�own on Exl�ibit "A". 10. The major tenant in the rear building shall be allowed one standard size wall sign and wall sign in proportion to the other wall signs of a size subject to review and approval of the AAC prior to final inspection of the signs. Building and Fire Dep�rt�nent Conditions 11. Within six months of project approval, the applicant shall apply for and obtain building permits for the signs. 12. The applicant sliall request a final inspection of the signs and shall comply with corrections if any are required. On motion of Commissioner Deviny, seconded by Commissioner Tappan, and on the following roll call vote, to wit: AYES: NOES: ABSENT: Commissioners Chairrnan Carr None None Tappan, Soto, Reilly, Deviny, Hatchett, Keen and the foregoing Resolution was passed and adopted tt�is 7th day of September, 1993. ATTEST: �� � Nancy Brow Commission Clerk Robert W. Carr, Chairman