Loading...
R 2445 .fl (J," RFJ5OUJTI~ NO. 2445 A RESOUJTI~ OF 'mE CI'lY CXXJNCIL OF 'mE CI'lY OF ARROYO GRANDE REXXHfEJIDING GWrl'ING A VARIANCE, CIISE NO. 90- 154, APPLIED FCR BY LYCWS REST1\IJRAN'l'S, INC. LOC2mm AT 840 OI\K PARK BOOLEI1ARD, EXCEEDING 'mE IDfBIm OF SIGNS AI.LCRED FCR A SINGLE USE. WHEREAS, the City council of the City of Arroyo Grande has considered Variance Application No. 90-154, filed by Lyons Restaurants, Inc. for a variance at 840 Oak Park Boulevard in the Plarmed Development/"C-3" zone; and WHmFAS, 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 envirOl1ll81tal dOCl.lllents associated therewith; and WHmFAS, the project has been found to be categorically eXEl1ilt fran the J provisions of the California EhvirOl1ll81tal Quality Act (CI!tIA) per Section 15311(a); and WHmFAS, the Planning Calm:i.ssion of the City of Arroyo Grande on this application on January 15, 1991; and WHEREAS, the Planning Calm:i.ssion found, after due study, deliberation and public hearing, the following cirCUYlStances exist: l. There are exceptions or extraordinary cirCUYlStances applicable to this property including the site layout which places the main entrance to the building on an inner courtyard. This entrance location requires acklitional signage to direct custaners into the restaurant. 2. The strict application of section 9-4.2407 of the Municipal Code (relating to the naxillU1l nurber of signs) does deprive such property of privileges enjoyed by other properties in the vicinity or same zone because the layout of other buildings provides entrances facing a public street where the business signage is located. 3. The granting of the deviation is carpatible with the objectives, policies and uses specified in the general plan because the proposed signage cooplies with Policy 6.12 of the Land Use Element of the General Plan and provides adequate identification for the business. 4. The granting of this variance will not be detrimental to other properties. WHEREAS, the City Council found, after due study, deliberation and public hearing that the findings nade by the Planning Cmmissian were appropriate. NCH, ~, BE IT RmLVED 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 Candi tions l. The applicant shall ascertain and cooply with all State, County and City I I requirements as are applicable to this project. J 2. Development shall occur in substantial conforrrance with the plans presented to the City Council at the meeting of February 12, 1991 and narked "Exhibit A". 3. This application shall autanatically expire on February l2, 1992 unless a building permit is issued. Sixty (GO) days prior to the expiration of the approval, the applicant nay apply to the Planning Director for an extension of one (l) year fran the original date of expiration. Any further extensions beyond one (1) year shall require Planning Calm:i.ssion approval. after a recommendation by the Architectural Advisory Camri.ttee. ~ .1..1.1 I 'a . Resolution No. 2445 February 12, 1991 Page 2 4. The applicant shall agree to defend at his/her sole expense any action brought against the City, its agents, officers, or Enployees because of the issuance of said approval, or in the alternative, to relinquish such approval. The applicant shall reinburse the City, its agents, officers, or Enployees, for any court costs and attorney's fee's which the City, its agents, officers or Enployees may be required by a court to pay as a resul t 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. i , Planning Department Cooditioos I I 5. Developwent shall conform with Ordinance 140 C.S. and the C-3 zoning '- requirerrents unless otherwise approved. Buildinq Department Cooditioos 6. Prior to issuance of any building pe~t(s) for new signage, all existing signage shall be rE!lOOved On motion of Council Merri:Jer Smi th , seconded by Council Herrber Dougall and on the following roll call vote, to wit: ' AYES:Council Members Smith, Dougall, Moots, Olsen and Mayor Millis NOES: None ABSmfl':None the foregoing Resolution was passed and adopted this l2th day of February 1991. " '~~;A HARK H. HILLIS, HAYOR AT'1'ES'l' : CI~ a. ~ APPROVED AS TO FORM: '-' I, NANCY A. Dl\.VIS, 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. 2445, is a true, full and correct copy of said Resolution passed and adopted at a regular meeting of said Council on the 12th day of February, 1991. WIWESS my hand and the Seal of the City of Arroyo Grande affixed this 15th day of February, 1991. ~tl.~ CITY c:J..mK