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PC R 98-1677r� LJ RESOLUTION NO. 98-1677 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING TO THE CITY COUNCIL APPROVAL OF THE SIZZLER PLANNED SIGN PROGRAM 98-128 AND VARIANCE 98-212 APPLIED FOR BY SIZZLER, INC., LOCATED AT SIZZLER, WEST BRANCH STREET WHEREAS, the Planning Commission of the City of Arroyo Grande has considered the Planned Sign Program 98-128 and Variance 98-212 for the Sizzler filed by .SfZZLER, INC., and WHEREAS, the Planning Commission has held public hearings on this application in accordance with City Code on December 1, 1998; and WHEREAS, the Planning Commission has found that this project is consistent with the General Plan and the environmental documents associated therewith; and WHEREAS, the Planning Commission finds that the proposed project is categorically exempt under Section 15311(a) 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 98-212: 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 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. 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. Resolution No. 98-1677 Variance 98-212/PSP 98-128 December 1, 1998 Page 2 of 3 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. �7 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. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby recommends that the City Council approve Planned Sign Program 98-128 and Variance 98-212 with the above findings and subject to the conditions as set forth in Attachment "A", attached hereto and incorporated herein by this reference. On motion by Commissioner Greene, seconded by Commissioner Keen, and by the following roll call vote, to wit: AYES: Commissioners Keen, Greene and Lubin NOES: Commissioner Parker ABSENT: Commissioner Haney the foregoing Resolution was adopted this 1 st day of December, 1998. ATT ST: . Pearl L. P �nney, Commission CI AS CONTENT: . / Hamilton, AICP Community Development Director Resolution No. 98-1677 Variance 98-212/PSP 98-128 December 1, 1998 Page 3 of 3 ATTACHMENT "A" CONDITIONS OF APPROVAL PLANNED SIGN PROGRAM 98-128 AND VARIANCE CASE NO. 98-212 SIZZLER, WEST BRANCH STREET COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS This approval authorizes the installation of signs which exceed the total sign area, and total number 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. The applicant shall comply with all conditions of approval for Variance Case No. 98-212 and Planned Sign Program Case No. 98-128. This approval authorizes the location of four (4) internally illuminated parapet signs on the Sizzler building, and one (1) monument sign on the property. � 3. This application shall automatically expire on December 1, 2000 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. 4. Development shall occur in substantial conformance with the plans presented to the Planning Commission at the meeting of December 1, 1998 and marked Exhibit "A". 5. 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 reimburse the City, its agents, officers, or employees, 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.