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R 3081 .' . RESOLUTION NO. 3080 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING VARIANCE CASE NO. 95-189, APPLIED FOR BY OTTSE, INC. WHEREAS, the City Council of the City of Arroyo Grande has considered Variance Case No. 95-189, filed by Ottse, Inc., to allow flags and allow signs that exceed the number, height, total area, and area for a single sign face allowed by the Deve]opment Code; and WHEREAS, the City Council has held a public hearing on this application in accordance with the City Code; and WHEREAS, the City Council has found that this project is consistent with the General Plan and the Environmental Documents associated therewith; and WHEREAS, the City Council has reviewed this project in compliance with the California Environmental Quality Act (CEQA) and has determined that the project is categoricatly exempt per CEQA Guidelines Section ]53] l(a); and WHEREAS, the Planning Commission held a duly noticed public hearing on this project on June 6, 1995; and WHEREAS, after due study and deliberation, the Planning Commission recommended approval of Variance Case No. 95-189 to the City Council; and WHEREAS, the City Council finds, after due study, deliberation and public hearing, the following circumstances exist: 1. The strict or literal interpretation and enforcement of the sign regulations would result in practical di fficulty or unnecessary hardship not otherwise shared by others in the surrounding area. The present depressed economic climate in California warrants an extra effort to draw people to the project site. Because this area has been hard hit by the lack of available buyers in all price ranges, especially in the custom home market, billboards are necessary to bring every possible prospect from the freeway. 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. The property comprises 287 acres with 353 proposed dwelling units. This large area makes standard signage inadequate. A]so, due to a lack of visibility from public roads, Rancho Grande is precluded from easy access and viewing of the sales office and home sites. Rancho Grande is set back several hundred feet from East Branch Street and at a different elevation. Rancho Parkway is a winding road which limits visibility to the sales office. Signs are necessary to draw attention, not only to the presence of new home sites, but also to guide interested persons to the sales office. The proposed signs of the Sign Program enclosed are for temporary use which are for identification and guidance purposes. All signs and flags are for temporary use. The billboard size is necessary for increased visibility from Highway 101. . . Resolution No. 3081 Planned Sign Program Case No. 95-115 Ottse, Inc. June 27, 1995 Page T\vo 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 I under this condition. -.--- 5. All signs shall be removed within 30 days of expiration of Conditional Use Permit Case No. 93-512 for the Rancho Grande sales office. Extensions of the conditional use permit shall automatically extend this planned sign program. 6. If approved, flags shall be replaced when they become tom or faded. Planning Department Conditions 7. All existing signs designated to be removed shall be removed after permanent signs have been installed, but prior to tinal inspection of the signs. 8. No sign may be installed within the public right-of-way. Building Department Conditions 9. The applicant shall apply for and be granted permits for the signs; shall pay necessary fees; and call for necessary inspections. On motion of Council Member Souza , seconded by Council Member Fuller , and by the following roll call vote, t~ wit: A YES ~ Council Members Souza, Fuller, Brandy and Mayor Dougall NOES: None I ABSENT: Council Member Lady - . the foregoing Resolution was adopted this 27th day of June, 1995. A. A TTEST~ 'JJ.t1M11ft a. ~ NAN Y A. VIS, CITY CLERK A R , 'ITY ATTORNEY . . . Resolution No.. 3081 Page 3 I, NANCY A. DAVIS, city Clerk of the City of Arroyo Grande, county of San Luis Obispo, State of California, do hereby certify under penalty of perjury that the foregoing Resolution No. 3081 , is a true, full and correct copy of said Resolution passed and i "- adopted at a regular meeting of said Council on the 27th day of June, 1995. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 7th day of June , 1995. 71~ a. ~ NANCY A.. VIS, CITY CLERK -..--.