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RESOLUTION N0. ZAV-86-14
RESOLUTION OF THE CITY OF CHULA VISTA
PLANNING COMMISSION GRANTING A VARIANCE
WHEREAS, a duly verified application for a variance was filed with
the Planning Department of the City of Chula Vista on December 2, 1985, by
Tile Town-Carpet City, and
WHEREAS, said application requested permission to add a tenant sign
and thereby exceed the maximum sign area by 30 sq. ft. on the freestanding
sign at 627 "H" Street in the C-T-D zone, and
WHEREAS, the Planning Commission set the time and place for a hearing
on said conditional use permit application and notice of said hearing,
together with its purpose, was given by its publication in a newspaper of
general circulation in the city and its mailing to property owners within 300
feet of the exterior boundaries of the property at least ten days prior to the
hearing, and
WHEREAS, the hearing was held at the time and place as advertised,
namely 7:00 p.m., January 8, 1986, in the Council Chambers, 276 Fourth Avenue,
before the Planning Commission and said hearing was thereafter closed, and
WHEREAS, the project is exempt from environmental review as a Class
11(a) exemption.
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION finds as
follows:
1. That a hardship peculiar to the property and not created by any
act of the owner exists. Said hardship may include practical difficulties in
developing the property for the needs of the owner consistent with the
regulations of the zone; but in this context, personal, family or financial
difficulties, loss of prospective profits, and neighboring violations are not
hardships justifying a variance. Further, a previous variance can never have
set a precedent, for each case must be considered only on its individual
merits.
The applicant is located a substantial distance from "H" Street
where visibility of the storefront sign by motorists is poor.
Tenant identification on freestanding signs is now authorized by
the Code, but was not at the time the freestanding sign in
question was erected. It would be an unnecessary hardship to
deprive the applicant adequate identification in light of these
factors.
2. That such variance is necessary for the preservation and
enjoyment of substantial property rights possessed by other properties in the
same zoning district and in the same vicinity, and that a variance, if
granted, would not constitute a special privilege of the recipient not enjoyed
by his neighbors.
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The Code now provides that properties in the C-T zone may have a
freestanding sign which identifies up to five tenants. The
approval of this variance would allow the applicant to enjoy the
same identification afforded to other tenants of like properties
in the same zone and vicinity.
3. That the authorizing of such variance will not be of
substantial detriment to adjacent property, and will not materially impair the
purposes of this chapter or the public interest.
The additional tenant sign will not obscure the visibility of
freestanding signs of neighboring businesses.
4. That the authorizing of such variance will not adversely affect
the General Plan of the City or the adopted plan of any governmental agency.
The granting of this variance would be consistent with General
Plan policies covering commercial vitality and aesthetics.
BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION hereby grants the
variance, subject to the following condition:
The applicant shall sign an agreement not to oppose the removal of
the 30 square foot, internally illuminated tenant sign as depicted on
the plan submitted with the application if the larger sign is
required to be removed by the City. Said agreement shall apply to
successors of interest.
Thi s variance steal 1 become voi d and i neffecti ve i f the same i s not
utilized within one year from the date of this resolution in accordance with
Section 19.14.260 of the P9unicipal Code.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF' CHULA VISTA, CALIFORNIA,
this 8th day of January, 1986, by the following vote, to-wit:
AYES: Commissioners Green, Guiles, Cannon, Grasser, Carson and Tugenberg
NOES: None
ABSENT: Commissioner Shipe (Excused)
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i- i~ S. annon, iai rman
ATTEST:
Rut P. Smit Secretary
WPC 2467P