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PC R 07-2048! RESOLUTION NO. 07-2048 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE, APPROVING CONDITIONAL USE PERMIT 07-009, APPLIED FOR BY WOOD VINEYARD & WINERY, LOCATED AT 136 BRIDGE STREET WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Conditional Use Permit 07-009, for the establishment of a tasting room for Wood Vineyard & Winery to be located at 136 Bridge Street; WHEREAS, the Planning Commission has held a public hearing on this application in accordance with City Code; and WHEREAS, the Planning Commission has found that this project��is consistent with the General Plan and the environmental documents associated therewith; and WHEREAS, the Planning Commission has reviewed this project in compliance with the California Environmental Quality Act (CEQA) and has determined that the project is categorically exempt pursuant to Section 15301 of the CEQA Guidelines; 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 sale of alcohol is a permitted use within the Village Mixed Use zone with the approval of a Conditional Use Permit. The use is consistent with policies LU5-1 and LU5-2 of the 2001 General P/an which encourages a diversity of retail, service commercial, offices, residential and agriculturally-related businesses within the mixed use zoning districts. 2. The proposed use would not impair the integrity and character of the district in which it is to be established or located. The establishment of a wine tasting room associated with an off-site winery is consistent with the surrounding neighborhood, which includes a restaurant, multiple office uses and visitor serving uses such as the South County Historical Society's IOOF Hall museum. 3. The site is suitable for the type and intensity of use or development that is proposed. The site has recently been developed with a mixed use building (CUP 04-008) that can accommodate a variety of uses including refail, offices and residential. RESOLUTION NO. 07-2048 CONDITIONAL USE PERMIT CASE NO. 07-009 OCTOBER 16, 2007 PAGE 2 4. There are adequate provisions for water, sanitation, and public utilities and services to ensure public health and safety. The site has recently been developed with a mixed use building which is served by public utilities adequate to ensure the 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 proposed wine tasting room will not be detrimental to the public health, safety or welfare or materially injurious to properties and improvements in the vicinity due to the small scale of the establishment (650 square feet) and limited hours of operation (Monday through Thursday 11:00 a►ri to 5:00 pm and Friday through Sunday 11:00 am to 6:00 pm). NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves Conditional Use Permit 07-009, with the above findings and subject to the conditions as set forth in Exhibit "A", attached hereto and incorporated herein by this reference. On a motion by Commissioner Marshall, seconded by Chair Ray, and by the following roll call vote, to wit: AYES: Commissioner Marshall, Ray, Barneich, Keen, and Tait NOES: None ABSENT: None the foregoing Resolution was adopted this 16th day of October, 2007. ATTEST: n �U��� LYN REARDON-SMITH, SECRETARY TO THE COMMISSION AS TO :CTOR CAREN RAY, RESOLUTION NO. 07-2048 CONDITIONAL USE PERMIT CASE NO. 07-009 OCTOBER 16, 2007 PAGE 3 EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 07-009 WINE TASTING ROOM � ►i ii ► � • • ►� ► � � _ :��Jil���� C�FNE A ONDITIONS This approval authorizes the establishment of a 650 square foot wine tasting room. To be operated Monday through Thursday 11:00 am to 5:00 pm and Friday through Sunday 1 1:00 am to 6:00 pm. subject to the following conditions of approval. 1. The applicant shall ascertain and comply with all Federat, 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 Case No. 07-007. 3. Development shall occur in substantial conformance with the documents filed with 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 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.