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R 4357 RESOLUTION NO. 4357 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE UPHOLDING APPEAL TO CITY COUNCIL CASE NO. 11 -001 AND APPROVING ADMINISTRATIVE SIGN PERMIT CASE NO. 10 -017; PETCO INC.; APPLIED FOR BY DAVE PINTARD & ASSOCIATES FOR PROPERTY LOCATED AT 911 RANCHO PARKWAY (FIVE CITIES CENTER) WHEREAS, on November 16, 2010 the Community Development Department accepted an application for an Administrative Sign Permit 10 -017 applied for by Petco Inc. The location of the property is within the Regional Commercial Zoning District and is within the Five - Cities Center Phase II area located at 911 Rancho Parkway; and WHEREAS, on December 6, 2010 the Architectural Review Committee considered the application and recommended approval of Administrative Sign Permit 10 -017 with condition of approval to prohibit placement of a sign panel at the main entrance to the Five - Cities Center; and WHEREAS, on December 7, 2010, the Director of Community Development approved the Architectural Review Committee's recommendation by approving Administrative Sign Permit 10 -017 with a condition of approval to prohibit placement of a sign panel at the main entrance to the Five - Cities Center; and WHEREAS, on December 20, 2010, the applicant's representative filed an appeal of the Director of Community Development's decision; and WHEREAS, on February 15, 2011 the Planning Commission of the City of Arroyo Grande held a public hearing on Appeal to Planning Commission Case No. 10 -001 and Administrative Sign Permit 10 -017 in accordance with the Municipal Code and denied said appeal; and WHEREAS, on February 23, 2011, the applicant's representative filed an appeal of the Planning Commission's decision with the City Clerk; and WHEREAS, on April 26, 2011 the City Council of the City of Arroyo Grande held a public hearing on Appeal to City Council Case No. 11 -001 and Administrative Sign Permit 10 -017 and took tentative action to uphold said appeal and allow the Petco sign panel on the existing Five Cities Center Tower sign at the corner of West Branch Street and Town Center Drive and directed staff to return with a supporting resolution; and WHEREAS, the City Council finds, after due study, deliberation and public hearing that the following circumstances exist: Administrative Sign Permit Findings: 1. The proposed sign is consistent with the goals, objectives, policies and programs of the Arroyo Grande general plan and any applicable design guidelines; RESOLUTION NO. 4357 PAGE 2 a. The General Plan is implemented through the Municipal Code and Planned Sign Program 96 -118 of the Five Cities Center. The proposed signs, as approved by the City Council meet the development standards of Chapter 16.60 (Signs) of the Municipal Code and Planned Sign Program 96 -118 of the Five Cities Center; and b. The signs conform to Table 16.60.040 -A of the Municipal Code and Planned Sign Program 96 -118 of the Five Cities Center with regards to the number of signs, placement of signs, location of signs and total square footage of signs. 2. The proposed sign conforms to applicable development standards and will not be detrimental to the public health, safety or welfare; a. The proposed signs, as approved by the City Council, meet the development standards of Chapter 16.60 of the Municipal Code and the requirements of Planned Sign Program 96 -118 of the Five Cities Center. 3. The physical location or placement of the sign is compatible with the surrounding neighborhood and does not pose a safety risk. a. The proposed signs are consistent with Planned Sign Program 96 -118 of the Five Cities Center, is compatible with surrounding neighborhood and regional commercial center based upon sign type, illumination and placement and will not pose a safety risk due to being constructed and installed according to the California Building Code. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby upholds Appeal to City Council Case No.11 -001 and approves Administrative Sign Permit 10 -017 based on the above findings and subject to the conditions of approval set forth in Exhibit A, attached hereto and incorporated herein by this reference. On motion by Council Member Brown, seconded by Council Member Guthrie, and on the following roll call vote, to wit: AYES: Council Members Brown, Guthrie, and Costello NOES: Council Member Ray ABSENT: None ABSTAIN: Mayor Ferrara the foregoing Resolution was passed and adopted this 10th day of May, 2011. RESOLUTION NO. 435 7 PAGE 3 TO — RRy A AYOR ATTEST: - ∎‘_• L .4 _it KELLY ET /GRE, CITY CLERK APPROVED AS TO CONTENT: ST VEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TI •THY J. n r ' EL, CITY ATTORNEY RESOLUTION NO. 4357 PAGE 4 • EXHIBIT "A" CONDITIONS OF APPROVAL APPEAL TO CITY COUNCIL CASE NO. 11 -001 ADMINISTRATIVE SIGN PERMIT 10 -017 911 RANCHO PARKWAY PETCO BUILDING This authorizes the upholding of Appeal to City Council Case No. 11 -001 and approving Administrative Sign Permit 10 -017 allowing the Petco sign panel on the existing Five Cities Center Tower sign at the comer of West Branch Street and Town Center Drive. the with conditions of approval as recommended by the Director of Community Development, the Architectural Review Committee and the Planning Commission, as follows: GENERAL CONDITIONS COMMUNITY DEVELOPMENT DEPARTMENT Planning Division 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 Administrative Sign Permit 10 -017. 3. Installation of the wall sign, monument sign and the sign panel shall occur in substantial conformance with the signage criteria and plans dated November 11, 2010 and presented to the City Council at the meeting of April 26, 2011 (on file in the Community Development Department). 4. 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 any way 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 fees 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. 5. All UL listing labels shall be located on the top of the sign so that it is not visible from below. RESOLUTION NO. 4357 PAGE 5 6. The applicant shall submit a sign proposal to amend the Five Cities Center Planned Sign Program 96 -118, proposing a monument sign for Phase II tenants at the corner of West Branch Street and Rancho Parkway. Building Division 7. The project shall comply with the most recent editions of the Califomia State Fire and Building Codes and the Uniform Building and Fire Codes as adopted by the City of Arroyo Grande. 8. Building and /or electrical permits shall be required for all signs prior to their installation. Certain types of signs may be exempt from building permits. To determine which types are exempt, provide the Building Division with location and type of sign and a determination will be made. This must be done prior to the installation of the sign. If a building permit is required the applicant shall pay permit fees in effect at the time of building permit issuance. 9. All electrical work done on site shall require an electrical permit prior to commencing the work. Engineering Division 10. Sign construction shall adhere to Sections 10.12.010 and 10.12.020 of the City of Arroyo Grande Municipal Code. f OFFICIAL CERTIFICATION I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that the attached Resolution No. 4357 is a true, full, and correct copy of said Resolution passed and adopted at a Regular meeting of the City Council of the City of Arroyo Grande on the 10 day of May 2011. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 11 day of May 2011. l �i KELLY W TM E, CITY CLERK •