PC R 91-1338� '� � 1 . 1
RESOLUTION NO. 91- 3 8
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ARROYO GRANDE GRANTING A VARIANCE, CASE
NO. 90-155, APPLIED FOR BY SCOLARI'S OF CALIFOIZNIA,
INC. (DBA J.J.'S FOOD MARKEI�, I,OCATED AT 303 E.
BRANCH STREET, EXCEEDING THE AGGREGATE SIGN
AREA AND THE NUMBER OF SIGNS ALLOWED, AND TO
ALLOW FOR A TWU-SIDED ROOF SIGN, AND �ALLOW
EACH FACE OF THE ROOF SIGN TO HAVE AN AREA
WHICH EXCEEDS THE 70 SQUARE FOOT LIIVIIT.
WHEREAS, the Planning Commission of the City of Anoyo Grande has considered
Variance Application No. 90-155, filed by Scolari's of California, inc. (dba J.J.'s Food Company),
for a variance at 303 E. Branch Street in the CBD Central Business District; and
WHEREAS, the Planning Commission has held a public hearing on this application in
accordance with the City Code; and
W�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 Environinental Quality Act (CEQA) per Section 15311(a); and
WHEREAS, the Planning Cammission found, after due study, deliberation and public
hearing, the following circumstances exist:
1. The granting of this variance will not be detrimental to other properties.
2. There are exceptions or extraordinary circumstances applicable to this property because as
a market it is required to compete with other larger markets and must post weekly
advertising in several locations to attract business.
3. The strict application of the sign ordinance does deprive such property of privileges enjoyed
by other properties in the vicinity or same zone because other markets use their windows to
display their weekly specials.
4. The granting of the deviation is compatible with the objectives; policies and general plan uses
specified in the general plan.
NOW, THEREFORE, BE IT' RFSOLVED 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.
2.
The applicant shall ascertain and comply with all State, County and City requirements as are
applicable to this project.
Development shall occur in substantial conformance with the plans presented to the Planning
Commission at the meeting of May 21, 1991 and marked "Exhibit A".
3. 'I'he 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.
VdfIMCC.fC!
Resolution No. 91- 13 3 8
May 21, 1991
Page�: 2
/ /.3
Planning Department Conditions
4. Development shall conform with the CBD zoning requirements unless otherwise approved.
5.
�
The signs are to be maintained in a neat and orderly fashion.
Within 90 days of adoption of this resoludon, the applicant shall install a frame around, and
plexiglass over the signs on the redwood portion of the building above the shopping carts.
On motion of Commissioner Soto, seconded by Commissioner Moore, and by the following
roll call vote, to wit:
AYES: Commissioners Moore, Brandy, Souza, Boggess, Soto and Chairman Carr
NOFS: None
ABSENT: Commissioner Gallagher
the foregoing Resolution was passed and adopted this 21 st day of May 1991.
Attest:
0
� . Phinney, ecr r
Anoyo Grande Planning' ommission
��C�
Robert W. Carr, Chairman
Arroyo Grande Planning Commission
�
a
Variance.ree