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R 2938RESOLUTION NO. 2 9 3 8 A RF~OLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING SIGN PERMIT CASE NO. 92-104, A PLANNED SIGN PROGRAM FOR K-MART, APPLIED FOR BY K-MART CORPORATION AT 1570 WEST BRANCIt STREET. WHEREAS, the City Council of the City of Arroyo Grande has considered an application by K-Mart Corporation for a Sign Permit at 1570 W. Branch Street in the PD 1.1 (Planned Developmen0 District; and WHEREAS, the City Council has found that this project is consistent with the General Plan and the Environmental Documents associated therewith; and WHEREAS, the City Council has reviewed this project in compliance with the California Environmental Quality Act (CEQA) and has determined that the project is categorically exempt pursuant to Section 15311 of the CEQA Guidelines; and WHEREAS, the City Council finds, after due study, deliberation and public hearing, the following circumstances exist: The proposed signs are consistent with the goals, objectives, policies and programs of the Arroyo Grande General Plan. The proposed signs conform to all applicable development standards and the provisions of the Development Code with the exception of the number of signs and the maximum square footage for a single sign face. A variance has been approved pursuant to city codes for these deviations. The proposed signs will not be detrimental to the public health, safety or welfare. The physical location or placement of the signs is compatible with the surrounding neighborhood and does not pose a safety risk. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby approves said sign permit, subject to the following conditions of approval: General Conditions 1. The applicant shall ascertain and comply with all State, County and City requirements as are applicable to this project. This application shall automatically expire on June 23, 1994 unless a building permit is issued and substantial construction is commenced and diligently pursued toward completion, or a Certificate of Occupancy is issued. Thirty O0) days prior to the expiration of the approval, the applicant may apply to the Planning Commission for an extension of one (1) year from the original date of expiration. Development shall occur in substantial conformance with the plans presented to the City Council at the meeting of June 23, 1992 and marked "Exhibit A". The applicant shall agree to defend at his/her sole expense any action brought against the City, its agents, officers, or employees because of the issuance of said approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employers, 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. Resolution No. 2 938 Sign Permit Case No. 92-104 K-Mart Corporation June 23, 1992 Page Two Planning Department Conditions 5. Development shall conform with the PD 1.1 zoning requirements unless otherwise approved. 6. The proposed facia shall not exceed the height of the existing store roofline. Building Department Conditions 7. Prior to issuance of installation of signs, the applicant shall apply for permits and pay appropriate fees. All structures as regulated by the currently adopted issues of the Uniform Building Code and related codes, are subject to all seismic conditions as they would apply to earthquake zone 4. On motion of Council Member Smith, seconded by Council Member Douggll, and on the following roll call vote, to wit: AYES: Council Members Smith, Dougall, Gallagher and Mayor Pro Tern Moots NOES: None ABSENT: Mayor Millis the foregoing Resolution was adopted this 23rd day of June, 1992. GENE MOOTS, MAYOR PRO TEM ATTEST: NANCY A. DKtVIS, CITY CLERK AS TO FORM: JUD~ S~O~SE~, CI~Y ATTORNEY ! I, NANCY A. DAVIS, City Clerk of the City of Arroyo Grande, Cdunty of San Luis Obispo, State of California~ do hereby certify under penalty of perjury that the foregoing Resolution No. 2938 is a true, full and correct copy of said Resolution passed and adopted aria regular meeting of said Council on the 23rd day of June, 1992. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 30th day of June , 1992. , CITY CLERK