R 3030
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RESOLUTION NO. 3030
A RESOLUTION OF TilE CITY COUNCIL OF TilE CITY OF
ARROYO GRANDE GRANTING VARIANCE CASE NO. 94-
183, APPLIED FOR BY LEVITZ FURNITURE
CORPORATION, AT 1450 WEST BRANCH STREET
WHEREAS, the City Council of the City of Arroyo Grande has considered Variance Case
No. 94-183, filed by Levitz Furniture Corporation, to allow signs that exceed the number, total area,
and area for a single sign face allowed by the Development Code in the Planned Development, PD
1.1 District; 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 categorically exempt per
CEQA Guidelines Section 15311.
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 specified regulation would result
in practical difficulty or unnecessary hardship not otherwise shared by others in the
surrounding area. Specifically, without the variance, the public would have difficulty
locating the business because the signs are inadequate in size or number. Additionally, the
customer pick-up sign aids in business operation and the smooth now of traffic.
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 location of the building in relationship to the
freeway requires the number and size of wall signs needs to be increased to allow adequate
visibility.
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.
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.
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:
Genera~ Conditions
1. The applicant shall ascertain and comply with all State, County and City requirements as are
applicable to this project.
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Resolution No. 3030
Variance Case No. 93-183
Levitz Furniture CorpOl.ation
May 24, 1994
Page Two
2. This application shall automatically expire on May 24, 1996 'unless a building permit is
issued and substantial construction is commenced and diligently pursued toward completion,
or a final inspection is conducted. Thirty (30) days prior to the expiration of the approval,
the applicant may apply to the Planning Commission for an extension of one (1) year from
the original date of expiration.
3. Development shall occur in substantial conformance with the plans presented to the City
Council at the meeting of May 24, 1994 and marked "Exhibit A".
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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 under this condition.
Planning Department Conditions
5. All banners shall be removed after permanent signs have been installed, but prior to final
inspection of the signs.
Building and Fire Department Conditions
6. 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 Burke , and by the
following roll call vote, to wit:
A YES: Council Members Souza, Burke, Lady, Brandy and Mayor Gallagher
NOES: None
ABSENT: None
the foregoing Resolution was adopted this 24th day of May, 1994. --.
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MATHIE PETER GALLA
ATTEST:
APPROVED AS TO FORM:
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ROGER C. L l_:ifl' '. I
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RESOLUTION NO. 3030
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. 3030
is a true, full and correct copy of said Resolution passed and
. adopted this 24th day of May, 1994.
I
I WITNESS my hand and the Seal of the City of Arroyo Grande,
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affixed this 27th day of May , 1994.
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