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R 3308 RESOLUTION NO. 3308 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING PLANNED SIGN PROGRAM CASE NO. 92~104, APPLIED FOR BY K-MART, LOCATED AT 1570 WEST BRANCH STREET WHEREAS, the City Council the City of Arroyo Grande has considered an application by K-Mart, for a Planned Sign Program at 1570 Grand Avenue in the Planned Development /General Commercial District; and WHEREAS, the City Council has found that this Planned Sign Program 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 per CEOA Guidelines Section 15311 (a); and WHEREAS, the City Council finds, after due study, deliberation and public hearing, the following circumstances exist: 1. The proposed signs are consistent with the goals, objectives, policies and programs of the Arroyo Grande General Plan and any applicable design guidelines. 2. The proposed signs conform to applicable development standards and provisions of the Development Code and will not be detrimental to the public health, safety or welfare. 3. The physical location or placement of the signs are compatible with the surrounding neighborhood and do not pose a safety risk. 4. That the Planning Commission and City Council has previously approved, in 1992, a Planned Sign Program for this tenant under the Ordinance and Sign Code then in effect. This approval allowed approximately 267 square feet of signage and a total of 3 signs. 5. That the Tenant has remained within the total sign area and number of signs previously approved and that the requested changes are minor in nature. 6. That it would not be appropriate policy to require an existing tenant with an existing approved sign program to conform to the new standards of the recently passed Sign Ordinance when the changes involved are minor in nature. - Resolution No. ;3 3 0 8 July 14, 1998 Page 2 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby approves Planned Sign Program Case No. 92-104, as amended, with the above findings and subject to the conditions as set forth in Attachments "A", attached hereto and incorporated herein by this reference. On motion by Council Member Fuller , seconded by Council Member 'J:'olley , and by the following roll call vote, to wit: AYES:Council Members Fuller, Tolley, Runels, Lady, and Mayor Dougall NOES: None ABSENT: None Resolution was adopted this 14th day of July, 1998. ATTEST: v(! (l.~ NANCY ~s, CITY CLERK APPROVED AS TO CONTENT: Kdm L .l-twJ1 ROBERT L. HUNT, CITY MANAGER APPROVED AS TO FORM: I, NANCY A. DAVIS, City Clerk of the City of Arroyo Grande, COW1ty of San Luis Obispo, State of California, do hereby certify, W1der penalty of perjury, that the foregoing Resolution No. 3308 is a true, full, and correct copy of said Resolution passed and adopted at a regular meeting of the Arroyo Grande City COW1cil on the 14th day of July, 1998. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 16th day of July, 1998. 11 (1.~ NAOCY ~CITY CLERK CITY OF ARROYO GRANDE Resolution No.3 3 0 8 ATTACHMENT "A" CONDITIONS OF APPROVAL PLANNED SIGN PROGRAM CASE NO. 92-104 K-MART 1570 WEST BRANCH STREET COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS This approval authorizes the installation of a parapet wall extension, building mounted sign with a total sign area of 265 square feet and neon tubing as an architectural detail for the major tenant space located at 1570 West Branch Street in Exhibits "A" and "B". 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 Planned Sign Program Case No. 92-104. 3. This application shall automatically expire on June 16, 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 June 16, 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. DEVELOPMENT CODE 6. Development shall conform with the General Commercial zoning requirements and the Sign Ordinance except as otherwise approved. BUILDING AND FIRE DEPARTMENT CONDITION UBC/UFC 7. 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.