08.a. ACUP 16-001 251 E. Grand AvenueTO: PLANNING COMMISSION
FROM: TERESA McCLISH, COMMUNITY DEVELOPMENT DIRECTOR
BY: MATTHEW DOWNING;kANNING MANAGER
SUBJECT: CONSIDERATION OF AMENDED CONDITIONAL USE PERMIT 16-001;
SALE OF BEER AND WINE FOR OFF -PREMISE CONSUMPTION AT
EXISTING CHEVRON STATION; LOCATION — 251 E. GRAND
AVENUE; APPLICANT — PFG ARROYO GRANDE, INC.;
REPRESENTATIVE — KEITH SLOCUM
DATE: JUNE 7, 2016
RECOMMENDATION:
It is recommended that the Planning Commission adopt a Resolution approving
Amended Conditional Use Permit Case No. 16-001.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
None.
PLANNING COMMISSION
CONSIDERATION OF AMENDED CONDITIONAL USE PERMIT CASE NO. 16-001
JUNE 7, 2016
PAGE 2
The subject property is zoned Village Mixed -Use (VMU), is part of the D-2.11 Design
Overlay District, and is located at the gateway to the Village. The site currently contains
a 1,940 square -feet, recently remodeled gas station. The remodel was conducted
under Conditional Use Permit 14-007, which was approved by the Planning
Commission on August 5, 2014 (Attachment 1). The applicant has submitted an
application to amend the conditional use permit to allow for the sale of beer and wine for
off -premise consumption in the expanded retail area of the remodeled station.
Staff Advisory Committee
The Staff Advisory Committee (SAC) reviewed the proposed project at a meeting on
April 27, 2016. Members of the SAC were in support of the project with conditions of
approval included in the attached Resolution.
ANALYSIS OF ISSUES:
Project Description
The proposed project consists of amending Conditional Use Permit 14-007 to allow for
the sale of beer and wine for off -premise consumption at the remodeled Chevron station
at the entrance to the Village. Alcoholic beverage sales are allowed in the VMU zoning
district with approval of a conditional use permit, in accordance with Municipal Code
Table 16.36.030(A). Approval of the request will enable the operator to work with the
California Department of Alcoholic Beverage Control (ABC) to obtain a Type 20
License, which is also required for the business to sell beer and wine.
Type 20 License
The ABC identifies a Type 20 License as a license for the sale of beer and wine for
consumption off the premises where sold. A Type 20 License is also for businesses
where minors are permitted to enter. The Type 20 License would not permit the sale of
distilled spirits, which would require a Type 21 License.
Restrictions at Gas Stations
The California Business and Professions Code (B&P) contains performance regulations
in instances where beer and wine is sold at locations where gasoline is also sold.
Section 23790.5(d) of the B&P identifies these standards, including the following
applicable to the proposed project:
1. No beer or wine within five feet (5') of the cash register or front door;
2. No alcohol advertisements at the fuel islands;
3. No sales from an ice tub;
4. No self -illuminated beer or wine advertisements on buildings or windows; and
5. Cashiers selling beer and wine between 10:00 p.m. and 2:00 a.m. must be at
least age 21.
PLANNING COMMISSION
CONSIDERATION OF AMENDED CONDITIONAL USE PERMIT CASE NO. 16-001
JUNE 7, 2016
PAGE 3
ALTERNATIVES:
The following alternatives are provided for the Planning Commission's consideration:
• Adopt the attached Resolution approving Amended Conditional Use Permit Case
No. 16-001;
• Modify and adopt the attached Resolution approving Amended Conditional Use
Permit Case No. 16-001;
• Do not adopt the attached Resolution and provide direction regarding findings for
denial of Amended Conditional Use Permit Case No. 16-001; or
• Provide direction to staff.
ADVANTAGES:
The proposed project will allow for the sale of beer and wine in the recently expanded
Chevron station, providing a product typically found at gasoline stations with similarly
sized retail sales areas. The location of the station is also convenient to individuals
traveling east of the City for recreation.
DISADVANTAGES:
None,
ENVIRONMENTAL REVIEW:
In compliance with the California Environmental Quality Act (CEQA), it has been
determined that the project is categorically exempt per Section 15301(e) of the CEQA
Guidelines regarding existing facilities. If the Planning Commission does not think that
this determination is appropriate, project approval shall not be considered.
PUBLIC NOTIFICATION AND COMMENTS:
A notice of public hearing was mailed to all property owners within 300' of the project
site, was published in The Tribune, and posted at City Hall and on the City's website, on
Friday, May 27, 2016. The agenda and staff report were posted at City Hall and on the
City's website on Thursday, June 2, 2016. No comments have been received.
ATTACHMENTS
1. Planning Commission Resolution 14-2212
RESOLUTION NO.
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 fagade 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:
1. 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.
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 seconded by Commissioner and
by the following roll call vote, to wit:
the foregoing Resolution was adopted this 7th day of June 2016.
ATTEST:
4 ON 1 s
TERESA MCCLISH
COMMUNITY DEVELOPMENT DIRECTOR
EXHIBIT "A"
CONDITIONS OF APPROVA
AMENDED CONDITIONALNO. 16-011
GRAND251 EAST AVEVUE
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.
ATTACHMENT
RESOLUTION NO. 14-2212
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ARROYO GRANDE APPROVING
CONDITIONAL USE PERMIT CASE NO. 14-007; LOCATED
AT 251 E. GRAND AVENUE; APPLIED FOR BY PREMIER
FUEL GROUP, INC.
WHEREAS, the applicant has filed an application for Conditional Use Permit 14-007 to
add 469 square -feet of building area and conversion of the mechanic service bays to
additional retail commercial area; and
WHEREAS, the applicant proposes fagade modifications to the existing building; 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 August 5, 2014; and
WHEREAS, the Planning Commission finds, after due study, deliberation and public
hearing, the following circumstances exist:
Conditional Use Permit Findings:
1. 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.
The existing use of a gasoline service station and accessory retail is
allowed in the Village Mixed -Use (VMU) zoning district per Section
16.36.030 of the Municipal Code and is consistent with development
standards for the VMU zoning district per Municipal Code Section
16.36.020.
2. The proposed use would not impair the integrity and character of the
district in which it is to be established or located.
The existing use of a gasoline service station and accessory retail is
allowed in the VMU zoning district and 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). The
project will meet the performance standards identified in Section
16.52.170 of the Municipal Code, which are intended to ensure the use
does not result in any adverse impacts on adjacent land uses.
Additionally, the design of the modified fagade is intended to better reflect
the character of the Village and will act as a gateway to the district.
3. The site is suitable for the type and intensity of use or development that is
proposed.
The site is suitable for the expanded gasoline service station, as the
development meets applicable standards relating to parking, building
height, setbacks, and landscaping. The expanded gasoline service
station also meets the performance standards identified in Section
16.52.170 of the Municipal Code, which are intended to ensure the use
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.
There are adequate provisions for all utilities and services necessary to
ensure public health and safety, including the expanded building area
approved by the conditional use permit.
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 alt applicable codes and standards,
including development standards of Subsection 16.36.020(D) and
performance standards of Section 16.52.170 of the Municipal Code.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Arroyo Grande hereby approves Conditional Use Permit 14-007, as presented to the
Planning Commission on August 5, 2014 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 Goss, seconded by Commissioner Russom, and by the
following roll call vote, to wit:
AYES: Goss, Russom, Sperow
NOES: None
ABSENT: Keen
the foregoing Resolution was adopted this 5th day of August 2014.
DEBBIE WEICHINGER
AS TO CONTENT:
--Z � im
TER A MC LISH
COMMUNITY DEVELOPMENT DIRECTOR
LISA SPEROW, VICE CHAIR
EXHIBIT "Aly
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT CASE NO. 0'
251 EAST GRAND
Y ..
This approval authorizes the expansion of the existing fuel station by 469 square -feet and
the update of the exterior fagade of the building.
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.
The applicant shall comply with all conditions of approval for Conditional Use
Permit Case No. 14-007.
3. Development shall occur in substantial conformance with the plans presented to
the Planning Commission at the meeting of August 5, 2014 and marked Exhibit
„B„
4. 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.
All conditions of approval shall be printed on construction plans and included in
construction drawings
6. Signage shall be subject to the requirements of Chapter 16.60 of the Development
Code and all appropriate permitting. Prior to issuance of a building permit, all
illegal signs shall be removed.
7. This approval shall expire on August 5, 2016 unless a building permit is issued for
the project prior to that date.
8. Parking spaces are to be properly striped in accordance with Municipal Code
Subsection 16.56.070.C.6.a.
9. Setbacks, lot coverage, and floor area ratios shall be as shown on the
development plans, including those specifically modified by these conditions.
10. The applicant shall comply with Development Code Chapter 16.56, "Parking and
Loading Requirements". All parking spaces adjacent to a wall, fence, or property
line shall have a minimum width of 11 feet.
11. Noise resulting from construction and operational activities shall conform to the
standards set forth in Chapter 9.16 of the Municipal Code. Construction activities
shall be restricted to the hours of 7 AM and 5 PM Monday through Friday. No
construction shall occur on Saturday or Sunday.
12. All new construction shall utilize fixtures and designs that minimize water and
energy usage. Such fixtures shall include, but are not limited to, low flow
showerheads, water saving toilets, instant water heaters and hot water
recirculating systems. Water conserving designs and fixtures shall be installed
prior to final occupancy.
13. All pedestrian crossings shall be delineated with a decorative treatment, including
stamped colored concrete, subject to review and approval by the Community
Development Director.
AESTHETICS
14. Building plans shall clearly show that all roof -mounted equipment cannot be
viewed from public areas or from the nearby neighborhood by use of
architectural features and prudent placement of equipment subject to the
approval of the Community Development Director. Additional building elevations
may be required if determined appropriate by the Community Development
Director to ensure satisfaction of this condition.
15. All electrical panel boxes shall be installed inside the building or in a manner that is
screened from view.
16. All public safety equipment such as double detector check valves or fire
department connections shall be screened from view but in a manner that ensures
its proper use and function as approved by the Community Development Director.
DEVELOPMENT CODE
17. Development shall conform to the Village Mixed Use zoning requirements except
as otherwise approved.
LIGHTING
18. All lighting for the site shall be downward directed and shall not create spill or
glare to adjacent properties. All lighting shall be of energy efficient material (e.g.,
LED)
BUILDING AND LIFE SAFETY DIVISION
BUILDING CODES
19. The project shall comply with the most recent editions of all California Codes, as
adopted by the City of Arroyo Grande.
DISABLED ACCESS
20. Provide complete compliance with State and Federal disabled access
requirements.
FIRE LANES
21. All fire lanes must be posted and enforced, per Fire Department guidelines.
SECURITY KEY BOX
22. Prior to Occupancy, the applicant must provide an approved "security key vault,"
per Building and Life Safety Division and Fire Department guidelines.
ABANDONMENT/NON-CONFORMING
23. Prior to map recordation, issuance of a grading permit or building permit,
whichever occurs first, applicant shall show proof of properly abandoning all
non -conforming items such as septic tanks, wells, underground piping and other
undesirable conditions.
DEMOLITION PERMIT / RETAINING WALLS
24. A demolition permit must be applied for, approved, and issued. All asbestos and
lead shall be verified if present and abated prior to permit issuance.
OTHER APPROVALS
25. Any review costs generated by outside consultants, shall be paid by the applicant.
FEES
25. Pay all required City fees at the time they are due (for your information, the
"Procedure for Protesting Fees, Dedications, Reservations or Exactions" is
provided below).
26. Water Meter, service main, distribution, and availability fees, to be based on
codes and rates in effect at the time of building permit issuance.
27. Water neutralization fee, to be based on codes and rates in effect at the time of
building permit issuance.
28. Traffic Impact fee, to be based on codes and rates in effect at the time of
building permit issuance.
RESOLUTION NO. 14-2212
PAGE 7
29. Traffic Signalization fee, to be based on codes and rates in effect at the time of
building permit issuance.
30. Sewer hook-up & facility Permit fees, to be based on codes and rates in effect at
the time of building permit issuance.
31. Building Permit fees, to be based on codes and rates in effect at the time of
building permit issuance.
32. Strong Motion Instrumentation Program (SMTP) fee and State Green Building
fee, to be based on codes and rates in effect at the time of building permit
issuance in accordance with State mandate.
33. Park Development fee, to be based on codes and rates in effect at the time of
building permit issuance.
34. Park Improvements fee, to be based on codes and rates in effect at the time of
building permit issuance.
35. Community Centers fee, to be based on codes and rates in effect at the time of
building permit issuance.
36. Fire Protection fee, to be based on codes and rates in effect at the time of building
permit issuance.
37. Police Facilities fee, to be based on codes and rates in effect at the time of
building permit issuance.
PROCEDURE•R PROTESTING FEES, DEDICATIONS,OR
EYACTIOVS:
(A) Any party may protest the imposition of any fees, dedications, reservations, or
other exactions imposed on a development project, for the purpose of defraying
all or a portion of the cost of public facilities related to the development project by
meeting both of the following requirements:
(1) Tendering any required payment in full or providing satisfactory evidence of
arrangements to pay the fee when due or ensure performance of the
conditions necessary to meet the requirements of the imposition.
(2) Serving written notice on the City Council, which notice shall contain all of
the following information:
is
(a) A statement that the required payment is tendered or will be
tendered when due, or that any conditions which have been imposed
are provided for or satisfied, under protest.
(b) A statement informing the City Council of the factual elements of
the dispute and the legal theory forming the basis for the protest.
(B) A protest filed pursuant to subdivision (A) shall be filed at the time of the
approval or conditional approval of the development or within 90 days after the
date of the imposition of the fees, dedications, reservations, or other exactions to
be imposed on a development project.
(C) Any party who files a protest pursuant to subdivision (A) may file an action to
attack, review, set aside, void, or annul the imposition of the fees, dedications
reservations, or other exactions imposed on a development project by a local
agency within 180 days after the delivery of the notice.
(D) Approval or conditional approval of a development occurs, for the purposes of
this section, when the tentative map, tentative parcel map, or parcel map is
approved or conditionally approved or when the parcel map is recorded if a
tentative map or tentative parcel map is not required.
(E) The imposition of fees, dedications, reservations, or other exactions occurs, for
the purposes of this section, when they are imposed or levied on a specific
development.
ENGINEERING DIVISION
38. The applicant shall be responsible during construction for cleaning City streets,
curbs, gutters and sidewalks of dirt tracked from the project site. The flushing of
dirt or debris to storm drain or sanity sewer facilities shall not be permitted. The
cleaning shall be done after each day's work or as directed by the Director of
Public Works, the Community Development Director, or his/her representative.
39. Trash enclosure area(s) shall have a roof structure (grease trap) to reduce
stormwater pollution runoff.
40. Prior to issuance of a building permit, the design of the trash enclosure area
shall be approved by South County Sanitary Services to ensure refuse pickup.
41. Install ADA compliant facilities, including ADA compliant driveway extensions.
Verify that existing facilities are compliant with State and City Standards.
GENERAL CONDITIONS
42. Perform construction activities during normal business hours (Monday through
Friday, 7 A.M. to 5 P.M.) for noise and inspection purposes. The developer or
contractor shall refrain from performing any work other than site maintenance
outside of these hours, unless an emergency arises or approved by the Director
of Public Works. The City may hold the developer or contractor responsible for
any expenses incurred by the City due to work outside of these hours.
43. All project improvements shall be designed and constructed in accordance with
the City of Arroyo Grande Standard Drawings and Specifications.
44. The applicant shall be responsible for obtaining an encroachment permit for all
work within a public right-of-way.
45. Submit as -built plans at the completion of the project or improvements as
directed by the Community Development Director. One (1) set of Mylar prints
and an electronic version on CD in AutoCAD format shall be required.
46. Submit three (3) full-size paper copies and one (1) full-size Mylar copy of
approved improvement plans for inspection purposes during construction.
FEES
47. Pay all required City fees at the time they are due.
STREET IMPROVEMENTS
48. Obtain approval from the Public Works Director prior to excavating in any street
recently over -laid or slurry sealed. The Director shall approve the method of
repair of any such trenches, but shall not be limited to an overlay, slurry seal, or
fog seal.
49. All street repairs shall be constructed to City standards.
CURB GUTTER AND SIDEWALK
50. Any sections of damaged or displaced curb, gutter & sidewalk or driveway
approach shall be repaired or replaced to the satisfaction of the Public Works
Director.
GRADING AND DRAINAGE
51. Prior to issuance of a grading permit, the applicant shall submit two (2) copies
of the final project -specific Storm Water Pollution Prevention Plan (SWPPP) or a
Water Quality Control Plan (WQCP) consistent with the San Luis Obispo
Regional Water Quality Control Board (RWQCB) requirements.
52. All grading shall be performed in accordance with the City Grading Ordinance.
WATER
53. Non -potable water is available at the Soto Sports Complex. The City of Arroyo
Grande does not allow the use of hydrant meters.
SEWER 1
54. Non -potable water is available at the Soto Sports Complex. The City of Arroyo
Grande does not allow the use of hydrant meters
55. All grading shall be performed in accordance with the City Grading Ordinance.
ARCHITECTURAL REVIEW COMMITTEE
56. The applicant shall install a pet mitt station and appropriate protective fencing
around the dog area for animal safety and stormwater pollution purposes.
57. The applicant shall construct a refuse storage structure in the southeast corner
of the site, with materials and a roof structure to match that of the building, to the
satisfaction of the Community Development Director.
58. The applicant shall replant the existing planter on the east side of the building.
59. The applicant may consider a trellis and climbing plants in place of the water
feature on the building.
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