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PC R 16-2242RESOLUTION NO. 2016-2242 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING THE CITY COUNCIL APPROVE CONDITIONAL USE PERMIT 15-010; LOCATED AT 924 WEST BRANCH STREET; APPLIED FOR BY STARBUCKS COFFEE COMPANY WHEREAS, the project site is located in the Five Cities Center and part of the Regional Commercial (RC) zoning district; and WHEREAS, the applicant has applied for Conditional Use Permit 15-010 for the incidental, on-site sale of beer and wine at an existing Starbucks Coffee location; and WHEREAS, the Planning Commission has reviewed this project in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the Arroyo Grande Rules and Procedures for Implementation of CEQA and has determined the project is categorically exempt per Section 15301(a) of the CEQA Guidelines regarding existing facilities; and WHEREAS, the Planning Commission of the City of Arroyo Grande has reviewed the project at a duly noticed public hearing on January 5, 2016; and WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing, the following circumstances exist: Conditional Use Permit Findings: The proposed use is permitted within the subject district pursuant to the provisions of this section and complies with all the applicable provisions of this title, the goals, and objectives of the Arroyo Grande General Plan, and the development policies and standards of the City. Alcoholic beverage sales are an allowed use in the Regional Commercial (RC) zoning district following approval of a conditional use permit per Section 16.36.030 of the Municipal Code. 2. The proposed use would not impair the integrity and character of the district in which it is to be established or located. The incidental sale of alcoholic beverages at the existing coffee shop would not impair the integrity and character of the RC district in light of the stated purpose of the RC zoning district per Municipal Code Subsection 16.36.020(l) and conditions of approval developed for the project to help ensure integrity and character are maintained. 3. The site is suitable for the type and intensity of use or development that is proposed. RESOLUTION NO. 16-2242 PAGE 2 The site contains an existing coffee shop that is suitable for the incidental sale of beer and wine. Conditions of approval have been developed for the project to ensure the alcoholic beverage sales does not result in any adverse impacts on adjacent land uses. 4. There are adequate provisions for water, sanitation, and public utilities and services to ensure public health and safety. The incidental sale of beer and wine is not anticipated to require addition provisions for water, sanitation, and public utilities and services. Therefore, there are adequate provisions for all utilities and services necessary to ensure public health and safety. 5. The proposed use will not be detrimental to the public health, safety or welfare or materially injurious to properties and improvements in the vicinity. The incidental sale of beer and wine will not be detrimental to the public health, safety or welfare due to conditions of approval developed for the project to ensure public health, safety and welfare. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby recommends the City Council approve Conditional Use Permit 15- 010, as presented to the Planning Commission on January 5, 2016 and shown in Exhibit "B", attached hereto and incorporated herein by this reference as though set forth in full, with the above findings and subject to the conditions as set forth in Exhibit "A", attached hereto and incorporated herein by this reference. On motion by Commissioner Keen, seconded by Commissioner Mack, and by the following roll call vote, to wit: AYES: Keen, Mack, Martin NOES: Fowler -Payne, George ABSENT: None the foregoing Resolution was adopted this 5t" day of January, 2016. ATTEST: ) DEBBIE WEICHINGER LA G O E SECRETARY TO THE COMMISSION CH �I AS TO CONTENT: =RNIVNITY EMCCLISH DEVELOPMENT DIRECTOR RESOLUTION NO. 16-2242 PAGE 3 EXHIBIT `A' CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT CASE NO. 15-010 924 WEST BRANCH STREET This approval authorizes the sale of beer and wine for onsite consumption at the Starbucks Coffee located at 924 West Branch Street, with appropriate Alcoholic Beverage Control (ABC) permits. COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION GENERAL CONDITIONS 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 Conditional Use Permit 15-010. 3. This application shall automatically expire on January 5, 2018 unless a building permit is issued or an extension is granted pursuant to Section 16.12.140 of the Development Code. 4. The project shall occur in substantial conformance with the plans presented to the Planning Commission at the meeting of January 5, 2016 and marked Exhibit "B". 5. The applicant shall agree to indemnify and 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. 6. A copy of these conditions and mitigation measures shall be incorporated into all construction documents. 7. All conditions of approval from Resolution No. 3157 and subsequent approvals shall remain in full force and effect, in addition to the conditions of approval contained herein. RESOLUTION NO. 16-2242 PAGE 4 BUILDING AND LIFE SAFETY DIVISION AND FIRE DEPARTMENT CONDITIONS CBC/CFC 8. The project shall comply with the most recent editions of the California State Fire and Building Codes and the International Building and Fire Codes as adopted by the City of Arroyo Grande. FIRE SPRINKLER 9. All buildings must be fully sprinklered per Building and Fire Department guidelines and per the California Fire Code. Provide evidence that the fire protection provided under the canopy area is adequate for the proposed project. ENGINEERING DIVISION CONDITIONS GENERAL CONDITIONS 10. The development shall provide safe accessible paths of travel, in accordance with Americans with Disabilities Act requirements. POLICE DEPARTMENT CONDITIONS 11. Ensure all servers are qualified to serve alcoholic beverages. ,T iiTiTlmiTUP iTRi7 Tff �::� �4f fHf{Qfi1f{fffQ ���b� 1 rJ=Hf>•f-ff f�HHIfO :>:< � off{f�ffNl�fffff{Q .� ... �i�uuu����u�J `TiT�tFiGfIITiTf� �ffHHtuffH�ff� � �,�•� ,! EXHIBIT B V. T wF U 2 U' 0 Z U` O 4 x z �w �z 4 �O V% Uc�vm w�3 W a CL Q < CJ d o2Szo n m �0 mw h zU� C) W < } U QZQ_>0 W4a C� 4 a _Z U of CCUp m U zzOz� zC.. 0 5 U. r¢ ,T iiTiTlmiTUP iTRi7 Tff �::� �4f fHf{Qfi1f{fffQ ���b� 1 rJ=Hf>•f-ff f�HHIfO :>:< � off{f�ffNl�fffff{Q .� ... �i�uuu����u�J `TiT�tFiGfIITiTf� �ffHHtuffH�ff� � �,�•� ,! EXHIBIT B V. T S n Po � 5 0 >g � � R �, N Utz � I� � a + 4- LU, I "i w w 0 Z < W C,� 0 z 0 < 0 LIJ jq . 0 LL . . . . . . . . . . . . 0 0 nl- / / / ( « [ \ \ � \ ) "i w w 0 Z < W C,� 0 z 0 < 0 LIJ jq . 0 LL . . . . . . . . . . . . 0 0 nl-