PC R 92-1388RESOLUTION NO. 92-1388
A RESOLUTION OI�' THE PLANNING COMMISSION OF
TH� CITY OF ARROYO GRANDE GRANTING A
VARIANCE, CASE NO. 92-169, APPLIED FOR BY
PAYLESS DRUG AT 1400 GRAND AV�NUE, VARIANCE
TO ALLOW A TENANT IN A SI-IOPPING CENTER TO
HAVE A TREESTANDIlVG SIGN
I
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WHEREAS, the Planning Commission of the City of Arroyo Grande has considered
Variance Case No. 92-169, filed by Payless Drug, to allow a tenant in a shopping center to have
a freestanding sign, in the General Commercial 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 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, the applicant wishes to lower an existing freestanding
sign to bring it into compliance with the height and sign area limitations of the City's
Development Code. Because the applicant is a tenant in the shopping center, the
Development Code requires removal of the sign if any moditication is made to the sign.
Removal of the sign would result in an unnecessary hardship on the applicant.
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 applicant is one of two
major tenants in an existing shopping center. Sign programs for the shopping center,
previously approved by the City, included freestanding signs for major tenants, with a
maximum of two major tenants. The other major tenant in this shopping center has a
freestanding sign.
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, the other major tenant in this shopping center has a freestanding
sign. .
4.
5.
6.
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, THEREFORE, 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
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 October 6, 1994 unless a building permit
is issued and substantial construction is commenced and diligently pursued toward
completion, or a Certificate of Occupancy is issued. 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 tl�e original date of expiration.
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244�
Resolution No. 92-1388
Variance Case No. 92-169
Payless Drug
October 6, 1992
Page Two
3. Development shall occur in substantial conformance with the plans presented to the
Planning Commission at the meeting of October 6, 1992 and marked "Exhibit A", except
as modified by condition of approval number 6.
4. The applicant shall agree to defend at his/her sole expense any action brought against the
City, its agents, ofticers, 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 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 this condition.
Planning Department Conditions
5. Development shall conform with the GC zoning requirements unless otherwise approved.
Architectural Advisory Committee Conditions
6. The sign background shall be white painted, grooved plywood that matches the existing
background and the background of the Lucky Market sign.
Building Department Conditions
7. Prior to issuance of installation of signs, the applicant shall apply for permits and pay
appropriate fees.
8. All structures as regulated by the currently adopted issues of the Uniform Building Code
and related codes, are subject to all seismic conditions as they would apply to earthquake
zone 4.
On motion of Commissioner Souza, seconded by Commissioner Tappan, and on the
following roll call vote, to wit:
AYES: Commissioners Moore, Souza, TapPan and Acting Chairman Soto
NO�S: None
ABSENT: Commissioner Carr and Chairman Brandy
the foregoing Resolution was passed and adopted this 6th day of October, 1992.
ATTEST:
L. Prelesnik, Commission Clerk
rman
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