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PC R 92-1374`�� °9 r1 RESOLUTION NO. 92-1374 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING THAT THE CITY COUNCIL GRANT A VARIANCE, CASE NO. 92-166, APPLIED FOR BY K-MART CORPORATION AT 1570 WEST BRANCH STREET, VARIANCE TO EXCEED THE ALLOWED NUMBER OF SIGNS AND TO EXCEED THE MAXIMUM ALLOWED AREA FOR A SINGLE SIGN FACE. WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Variance Case No. 92-166, filed by K-Mart Corporation, to allow three (3) signs and to allow those three signs each to exceed the maximum square footage for a single sign face, in the PD 1.1 (Planned Development) 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: l. 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 store is set back approximately 360 feet from the property line and is not advertized on the monument sign for the shopping center. The Strict interpretation of the maximum number of signs and the maximum square footage for a single sign face would deprive the store of needed visibility from adjacent roadways. 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 store has a frontage of approximately 366 linear feet and is set back approximately 360 feet from the property line. Because of the large size of the store and the distance from adjacent roadways, larger signs than are usually appropriate are necessary to provide needed visibility. Furthermore, K-Mart is not included on the monument sign for the shopping center, thus one additional sign on the building appears to be provide an equivalent number of signs to other businesses in the shopping center. 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. 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. The K-Mart is not included on the monument sign for the shopping center, thus one additional sign on the building appears to be provide an equivalent number of signs to other businesses in the shopping center. 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 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 recommends that the City Council approve said variance, subject to the following conditions of approval: r 192 Resolution No. 92-1374 Variance Case No. 92-166 K-Mart Corporation June 16, 1992 Page Two 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 June 16, 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 the original date of expiration. 3. Development shall occur in substantial conformance with the plans presented to the Planning Comrnission at the meeting of June 16, 1992 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 this condition. Planning Department Conditions 5. Development shall conform with the PD 1.1 zoning requirements unless otherwise approved. 6. The proposed facia shall not exceed the height of the existing store roofline. 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 Moore, seconded by Commissioner Souza, and on the following roll call vote, to wit: AYES: Commissioners Moore, Souza, Groves and Chairman Brandy NOES: None ABSENT: Commissioners Boggess, Carr and Soto the foregoing Resolution was passed and adopted this 16th day of June, 1992. ATTEST: ona L. Prelesnik, Commission Clerk � Dre Brandy, Chairm ;�:..