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:
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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
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