PC R 94-1461RTSOLUTION NO. 94-1461
A It�SOLUTION OF 'TIIE PLANNING COMMISSION OF
THE CITY OF ARROYO GRAND� R�COMMENDI:NG
THAT TI�E CITY COUNCIL APYROVE CONDITIONAL
USE PERIVIIT CASE NO. 94-516, FOR TWO FLAG POLTS
25 F�ET HIGI-I, APPLII:D FOR BY RUSS�L SHEI'P�L, AT
880 OAK PARIC BOULEVARD
WI�IEREAS, the Planning Commission of the City of Arroyo Grande has considereci
Conditional Use Permit Case No. 94-516, filed by Russel Sheppel, for two flag poles 25 feet
high, in ttie Planneci Development (PD 1.1) District; and
WHEREAS, the Planning Commission has held a public hearing on this application in
accordance wilh the City Code; and
WHEREAS, the Planning Commission has found that this project is consistent with the
General Plan and the Environmental documents associated therewith; and
WI the Planning Commission has reviewed this project in compliance with lhe
California Environmental Quality Act (CEQA) and determined that it is Categorically Exempt
per Section 15303 of tl�e CEQA Guidelines; and
WII�REAS, the Planning Commission finds, after due study, deliberation and public
hearing, the following circumstances exist:
1. The proposed flag poles are permitted witt�in the subject district pursuant to the
provisions of Section 9-03.050 of the Development Code, and comply with all applicable
provisions of tlie Development Code, tt�e goals and objectives of t}ie Arroyo Grande
General Plan, and the development policies and standards of the City.
2. The proposed flag poles will not impair tl�e integrity and character or the dislrict in
which it is to be establisheci or located.
3. The site is suitable for the proposed flag poles.
4. There are adequate provisions for water, sanitation, and public utilities and services to
ensure the public health and safety.
5. The proposed flag poles will not be detrime,�tal to tlie public t�ealth, safety, or welfare,
or rnaterially injt�rious to properties and improvements in tlle vicinity.
NOW, T�I�RCFORE, BE IT RE,SOLV�D that lhe Planning Commission of the City
of Arroyo Grande hereby recommends that the City Council approve said conditional use permit,
subject to the following conditions:
Resolution No. 94-1461
Conditional Use Pern�it C�se No. 94-51G
Russel Sl�eppel
Febiv�ry 1.5, 1994
P�ge 2
General Conditions
1. The applicant shall ascertain and comply with all State, County and City requirements
as are applicable to tliis project.
2. This application shall automatically expire on March 8, 1996 unless a building permit is
issued. Tliirty (30) days prior to the expiration of tlie approval, the applicant may apply
for an extension of one (1) year fro►n the original date of expiration.
3. Developrnent sl�all occur in substantial conformance witli the plans presenteci to tl�e City
Council at tlie rneeting of March 8, 1994 aiid marked "Exhibit A".
4. The applicant sl�all agree to defend at his/I�er sole expense any action brought against the
City, its agents, officers, or employees because of tlie issuance of said approval, or in
the alternative, to relinquish such approvaL The applicant shall reimburse the City, its
agents, officers, or ernployees, for any court costs and attorney's fee's whicl� tiie City,
its agents, officers or employees may be reqt�ired by a court to pay as a result of such
action. Tlie City may, at its sole discretion, participate at its own expense in tlie defense
of any sucl� action but such participation sl�all not relieve applicant of his/I�er obligations
under lhis condition.
Planning Department. Conditions
5. Development shall conform with the PD 1.1 zbning requirements and the conditions and
requirements of all previous zoning approvals.
G'�
7.
Flag size shall not exceed 7 feet by 10 feet and no more than one flag per pole shall be
flown at any one time.
No flags bearing any commercial ►nessage, advertizing or logo shall be flown at any
time.
On motion of Commissioner Deviny, seconded by Commissioner Reilly, and on the following
roll call vote, to wit:
AYFS: Commissioners Reilly, Deviny, Keen, and Cliairman Carr
NOES: None
AB5ENT: Commissioners Tappan, Soto, and Hatcf�ett
the foregoing Resolution was passed and adopted this 15th day of February, 1994.
ATT�ST:
� � ���� ,
Nancy Bro , Commission Clerk Robert W. Carr, Cf�airman