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PC R 91-1360/� � RESOI;iJTION :NO. 91-1360 A RESOLUTION OF' THE PLANNING CONIlVIISSION �OF THE CITY �~ OF. ARROYO GRANDE GRANTING= A VARIANCE, CASE NO. 91-157, APPLIED FOR � BY CHARLES DOSTER AT 320 E. BRANCH STREET, TO EXCEED THE ALLOWED AGGREGATE SIGN AREA, AND THE ALLOWED NUMBER OF SIGNS, AND TO ALLOW TWO (2) NEON WINDOW SIGNS. WHEREAS, the Planning Commission of the City of Anoyo Grande has considered Variance Application No. 91-157, filed by Charles Doster for a variance at 320 E. Branch Street in the Village Commercial/"VC-D-2.4" District; and WHEREAS, the Planning Commission has held a public hearing on this application in accordance with the City Code; and VV�IEREAS, the Planning Commission has found that this project is consistent with the General Plan and the environmental documents associated therewith; and WHEREAS, the project has been found to be categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per Section 15311(a); and WHEREAS, the Planning Commission found, after due study, deliberation and public hearing, the following circumstances exist: � 1. The strict or literal interpretation and enforcement of Chapter 9-13 of the Development Code (Sign Regulations) would result in practical difficulty or unnecessary hardship not otherwise shared by others in the sunounding area. Specifically, directional signs for parking are needed to inform potential customers of the parking area, more signs than usual are needed to advertize the diverse items available for sale at the business, and the neon signs are needed because the hours of operation are later , than many other businesses in same zone. . 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 parking lot is located behind the building where it is not easily visible; and the business is opened later at night than most businesses in the zone. 3. The strict or literal interpretation and enforcement of Chapter 6-13 of the Development Code would deprive the applicant of privileges enjoyed by owners of other properties classified in the same zone. Specifically, public knowledge of the parking lot, the goods available for sale, and the hours of operation would be limited without the proposed signage. 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. 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. The proposed signs conform to implementation actions b, c, and d of Policy 6.12 of the Land Use Element of the General Plan. Specifically, the proposed signs are integraterl into the overall site and architectural design theme, the sign placement, size, proportions and design are consistent with the low-profile nature and scale of the community, and the sign colors are compatible with the building color. NOW,. THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Anoyo Grande hereby approves said variance, subject to the standard conditions of the City and those conditions listed below: General Conditions 1. The applicant shall ascertain and comply with all State, County and City requirements as are applicable to this project. 2. Development shall occur in substantial conformance with the plans presented to the Planning Commission at the meedng of December 17, 1991 and marked "Exhibit A" revised as follows: � � c. Signs 1, 2, 4 and 6, are approved with the following recommendations listed for the individual signs: 1) Sign Number 1- All posts and supports shall be stained to match the building, and the tops of the posts shall be detailed, and the sign shall be inset into the posts and beams. 2) Sign Number 2- All signs shall be framed with black wrought iron. The existing signs for which permits were granted may remain; Signs 3 and 5 are denied. d. A wrought iron or wood shadow box "OPEN" sign with a transparent or translucent face, no more than 30" x 10" is permitted on the front of the building subject to review and approval of the design and location by the Architectural Advisory Committee prior to issuance of building permits. 3. 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 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 4. Development shall conform with the VC-D-2.4 zoning requirements unless otherwise approved. 5. Prior to issuance of building permits the applicant shall provide details of the neon signs for review and approval of the Planning Director, showing that all tubing is covered with a transparent or translucent material to prevent rupture, or shall provide safety certification by the manufacturer. No neon signs are permitted without shielding to prevent rupture. Building Department Conditions 6. Prior to installation of signs, the applicant sha11 apply for building permits and pay appropriate fees. On motion of Commissioner Souza, seconded Commissioner Groves, and on the following roll call vote, to wit: AYFS: Commissioners Souza, Moore and Groves NOFS: Chairman Brandy ABSENT: Commissioners Boggess, Soto and Carr the foregoing Resolution was passed and adopted this 17th day of December 1991. ATTEST: �/Pear L- inney, Se�c etary Drew randy, Chairma � 153