Loading...
PC R 16-2255RESOLUTION NO. 16-2255 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING AMENDED CONDITIONAL USE PERMIT CASE NO. 16-001; LOCATED AT 251 E. GRAND AVENUE; APPLIED FOR BY PFG ARROYO GRANDE, INC. WHEREAS, on August 5, 2014, the Planning Commission approved Conditional Use Permit 14-007 to add 469 square -feet of building area, convert the mechanic service bays to additional retail commercial area, and modify the facade of the existing gas station located at 251 E. Grand Avenue; and WHEREAS, the applicant has filed an application to amend Conditional Use Permit 14- 007 to allow for the sale of beer and wine for off -premise consumption; and WHEREAS, alcoholic beverage sales are allowed in the Village Mixed Use zoning District with approval of a conditional use permit; and WHEREAS, approval of the amended conditional use permit will allow the applicant to obtain appropriate licensing from the California Department of Alcoholic Beverage Control; and WHEREAS, the Planning Commission has reviewed the 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 found and determined that the project is exempt per Section 15301(e) (Existing Facilities) of the CEQA Guidelines; and WHEREAS, the Planning Commission of the City of Arroyo Grande has reviewed the project at a duly noticed public hearing on June 7, 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 allowed in the Village Mixed -Use (VMU) zoning district per Section 16.36.030 of the Municipal Code with approval of a conditional use permit and is therefore consistent with the goals and objectives of the Arroyo Grande General Plan. RESOLUTION NO. 16-2255 PAGE 2 2. The proposed use would not impair the integrity and character of the district in which it is to be established or located. The addition of beer and wine sales in an existing gasoline service station will not impair the integrity and character of the district as it is consistent with the stated purpose of the VMU zoning district per Municipal Code Subsection 16.36.020(D) and will provide products traditionally found at gasoline service stations. 3. The site is suitable for the type and intensity of use or development that is proposed. The site is suitable for the additional sale of beer and wine at the recently expanded gasoline service station due to the additional retail square footage added for the use. 4. There are adequate provisions for water, sanitation, and public utilities and services to ensure public health and safety. There are adequate provisions for all utilities and services necessary to ensure public health and safety for the sale of beer and wine for off-site consumption. 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 proposed use will not be detrimental to the public health, safety or welfare, nor will it be materially injurious to properties or improvements in the vicinity as it will comply with applicable codes and standards, including working with the Department of Alcoholic Beverage Control to obtain proper licenses for the sale of beer and wine for off-site consumption. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves Amended Conditional Use Permit 16-001, as presented to the Planning Commission on June 7, 2016, 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 George, seconded by Commissioner Mack, and by the following roll call vote, to wit: AYES: George, Mack, Keen NOES: None ABSENT: Fowler -Payne, Martin RESOLUTION NO. 16-2255 PAGE 3 the foregoing Resolution was adopted this 7" day of June 2016. JA���� LA EQ— E, CHAIR ATTEST: L7 WU� DEBBIE WEICHINGER SECRETARY TO THE COMMISSION AS TO CONTENT: TER CCLISH COMMUNITY DEVELOPMENT DIRECTOR RESOLUTION NO. 16-2255 PAGE 4 EXHIBIT "A" CONDITIONS OF APPROVAL AMENDED CONDITIONAL USE PERMIT CASE NO. 16-001 251 EAST GRAND AVENUE This approval authorizes the sale of beer and wine for off -premise consumption at the existing Chevron station. 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 Amended Conditional Use Permit Case No. 16-001. 3. All applicable conditions of approval for Conditional Use Permit Case No. 14-007 shall remain in full force and effect. 4. The use shall occur in substantial conformance with the project description presented to the Planning Commission at the meeting of June 7, 2016. 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. PLANNING COMMISSION CONDITIONS 6. No alcohol advertisements of any form are to be located on the gas station site, on the building, or in the windows of the building. 7. The applicant shall install "No Consumption of Alcohol" signs on the site to the satisfaction of the Community Development Director.