PC R 99-1686RESOLUTION NO. 99-1686
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ARROYO GRANDE INSTRUCTING THE
SECRETARY TO FILE A NOTICE OF EXEMPTION,
APPROVING THE RITE AID PLANNED SIGN PROGRAM 98-
219, VARIANCE 98-216 AND LANDSCAPE PLANTING
PLAN, APPLIED FOR BY HALFERTY DEVELOPMENT, AT
GRAND AVENUE AND OAK PARK BOULEVARD, 1650
GRAND AVENUE
WHEREAS, the Planning Commission of the City of Arroyo Grande has held a public
hearing on Planned Sign Program 98-219 and Variance 98-216 (the "proposed
project"); and
WHEREAS, the Planning Commission finds that the proposed project is consistent with
the General Plan; and
WHEREAS, the Planning Commission finds that the proposed project is categorically
exempt under Section 15311(a) of the State CEQA Guidelines; and
WHEREAS, the Planning Commission finds after due study, deliberation and public
hearing, the following circumstances exist:
Findings for approval of Variance 98-219:
1. The strict literal interpretation and enforcement of the Sign Ordinance would
result in practical difficulty or unnecessary hardship not otherwise shared by
others in the surrounding area.
2. There are exceptional or extraocdinary circumstances or conditions applicable to
the property involved or to the intended use of the property that do not apply
generally to other properties ctassified in the same zone.
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.
5.
6.
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 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.
The granting of a variance is consistent with the objectives and policies of the
General Plan and the intent of this Title.
PLANNING COMMISSION
RESOLUTION NO. 99-1686
March 2, 1999
Page 2 of 4
Findings for Approval of the Planned Sign Program:
1. The proposed use is permitted within the subject district pursuant to the
provisions of Sections 9-03.050 and 9-11.080 of the Development Code, and
complies with all applicable provisions of the Development Code, the goals and
objectives of the Arroyo Grande General Plan, and the development policies and
standards of the City.
2.
3.
4.
5.
The proposed use will not impair the integrity and character or the district in
which it is to be established or located.
The site is suitable for the type and intensity of use or development that is
proposed.
There are adequate provisions for water, sanitation, and public utilities and
services to ensure the public health and safety.
The proposed use will not be detrimental to the public health, safety, or
welfare, or materially injurious to properties and improvements in the vicinity.
Findings for approval of the Landscape Planting Plan:
1. The Planning Commission has reviewed the Landscape Planting Plan to
determine compliance with Condition 22 of the Conditions of Approval for CUP
98-571. ' '
2. The Landscape Planting Plan is consistent with the direction given by the
Planning Commission during its deliberations with regard to the conditional use
permit for the project site.
3. Approval of the Landscape Planting Plan is consistent with the public health,
safety, and welfare, while providing an aesthetically pleasing entrance to the
City.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Arroyo Grande hereby approves Planned Sign Program 98-219, Variance 98-216, and
the Landscape Planting Plan with the above findings and subject to the conditions as
set forth in Attachment "A", attached hereto and incorporated herein by this
reference.
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PLANNING COMMISSION
RESOLUTION NO. 99-1686
March 2, 1999
Page 3 of 4
ATTACHMENT "A"
CONDITIONS OF APPROVAL
PLANNED SIGN PROGRAM 98-219 AND VARIANCE CASE NO. 98-216
RITE AID, OAK PARK BOULEVARD AND GRAND AVENUE, 1650 GRAND AVENUE
COMMUNITY DEVELOPMENT DEPARTMENT
GENERAL CONDITIONS
This approval authorizes the installation of signs that exceed the number of monument
signs, and total number of signs allowed . in the Development Code.
1. The applicant shall ascertain and comply with all Federal, State, County and
City requirements as are applicable to this project.
2. This approval authorizes the location of two (2) monument signs, four (4)
internally illuminated signs on the Rite Aid building, and directional signs as set
forth on the planned sign program plans dated March 2, 1999, attached.
3. The project shall comply with the most recent editions of the California State
Fire and Building Codes and the Uniform Building and Fire Codes as adopted by
the City of Arroyo Grande.
4. Fees to be paid prior to issuance of a building permit: Building Permit Fee, to be
based on codes and rates in effect at the time of development in accordance
with Title 8 of the Municipal Code.
5. This application shall automatically expire on March 2, 2001 unless a building
permit is issued. Thirty (30) days prior to the expiration of the approval, the
applicant may apply for an extension of one (1) year from the original date of
expiration.
6. Development shall occur in substantial conformance with the plans presented
to the Planning Commission at the meeting of March 2, 1999 and marked
Exhibifi "A":.
7. The applicant shall agree to defend at his/her sole expense any action brought
against the City, its present or former agents, officers, or employees because of
the issuance of said approval, or in anyway relating to the implementation
thereof, or in the alternative, to relinquish such approval. The applicant shall�
PLANNING COMMISSION
RESOLUTION NO. 99-1686
March 2, 1999
Page 4 of 4
reimburse the City, its agents, officers, or empioyees, 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.
8. The location of the monument sign on Oak Park Blvd. shall comply with the
City standards for a clear vision triangle, and shall provide for safe sight
distance for the driveway entrance.
On motion by Commissioner Parker , seconded by Commissionerxeen and by the
following roll call vote, to wit:
AYES Commissioners Keen, Parker, Costello and Acting Chair Greene
NOES: None '
ABSENT: One vacancy exists on the Commission
the foregoing Resolution was adopted this 2 n�ay of March , 1999.
ATTEST:
Kathleen Fryer, Commission lerk
AS TO CONTENT:
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Laurence Greene, Acting Chair