R 2937
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RESOLUTION NO. 2937
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE GRANTING A VARIANCE, CASE
NO. 92-166, AI)PLIED FOR BY I(-MART CORPORATION
AT 1570 WEST BRANCH STREET, VARIANCE TO
EXCEED THE ALLOWED NUMBER OF SIGNS AND TO
EXCEED THE MAXIMUM ALLOWED AREA FOR A
SINGLE SIGN FACE.
WHEREAS, the City Council of the City of Arroyo Grande has considered Variance
Case No. 92-166, filed by K-Mart Corporation, to allow three (3) signs and to allow two of
-----.'" those three signs to exceed the maximum square footage for a single sign face, in the PD 1.1
(Planned Development) 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 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, the store is set back approximately 360 feet from the
property line and is not advertized on the monument sign for the shopping center. The
Strict interpretation of the maximum number of signs and the maximum square footage
for a single sign face would deprive the store of needed visibility from adjacent
roadways.
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 store has a frontage of
approximately 366 linear feet and is set back approximately 360 feet from the property
line. Because of the large size of the store and the distance from adjacent roadways,
larger signs than are usually appropriate are necessary to provide needed visibility.
Furthermore, K-Mart is not included on the monument sign for the shopping center, thus
one additional sign on the building appears to be provide an equivalent number of signs
to other businesses in the shopping center.
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. The K-Mart is not
included on the monument sign fo~ the shopping center, thus one additional sign on the
building appears to be provide an equivalent number of signs to other businesses in the
shopping center.
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 following conditions of approval:
General 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. 2937
Variance Case No. 92-166
K-Mart Corporation
June 23, 1992
Page Two
2. This application shall automatically expire on June 23, 1994 unless a building permit is
issued and substantial construction is commenced and diligently pursued toward
completion, or a Certificate of Occupancy is issued. 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 June 23, 1992 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 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. Development shall conform with. the PD 1.1 zoning requirements unless otherwise
approved.
6. The proposed facia shall not exceed the height of the existing store roofline.
Building Department Conditions
7. Prior to issuance of installation of signs, the applicant shall apply for permits and pay ---
appropriate fees.
8. All structures as regulated by the currently adopted issues of the Uniform Building Code
and related codes, are subject to all seismic conditions as they would apply to earthquake
zone 4.
On motion of Council Member Smith, seconded by Council Member Dougall, and on
the following roll call vote, to wit:
AYES: Council Members Smith, Dougall, Gallagher , and Mayor Pro Tern MJots
NOES: None
ABSENT: Mayor Millis
the foregoing Resolution was adopted this 23rd day of June, 1992.
4-rMl< fVl~
GENE MOOTS, MAYOR PRO TEM i
ATTEST:
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NANCY A. D VIS, CITY CLERK
AS TO FORM:
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ATTORNEY
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. -- Resolution No. 2937
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. 2937 is a full,
correct and true copy of said Resolution passed and adopted this
23rd day of June, 1992.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed
this 30th day of June , 1992.
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NANCY A. D IS, CITY CLERK
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