R 3080
.' .
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.
." A
Resolution No. 3080
Variance Case No. 95-189
OUse, Inc.
June 27, 1995
Page Two
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.
I 4. The granting of the variance will not constitute a grant of special privilege inconsistent
i
~- 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. The flags
associated with the information signs will be kept in good condition and replaced when
signs of fading or tearing appear.
6. The granting of a variance is consistent with the objectives and policies of the General
Plan and the intent of the Development Code which are to encourage economic vitality
and business activity, protect investments while preserving the environment and character
of the City.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo
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. This variance shall automatically expire on November 26, 1998. Thirty (30) days prior
to expiration of the approval, the applicant may apply to the City Council for an
extension of one (1) year from the original date of expiration. Upon expiration of this
variance, all signs shaH be immediately removed.
3. Development shall occur in substantial conformance with the plans presented to the City
Council at the meeting of June 27, 1995 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 cotlrt 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 stich participation shall not relieve applicant of his/her obligations
tinder this condition.
. .
Resolution No. 3080
Variance Case No. 95-189
Offse, Inc.
June 27, 1995
Page Three
On motion of Council Member Fuller , seconded by Council Member Souza ,
and by the following roll call vote, to wit:
A YES: Council Members Fuller, Souza, Brandy and Mayor Dougall
NOES: None I
ABSENT: Lady I
-.~._-
the foregoing Resolution was adopted this 27th day of June, 1995.
ATTEST:
~a~
NANCY A. VIS, CITY CLERK
VED AS TO FORI\1:
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. 3080, is a true, full and
correct copy of said Resolution passed and 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.
CITY ~O tl. ~