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HomeMy WebLinkAboutPC R 2025-008PC RESOLUTION NO. 2025-008 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE, APPROVING CONDITIONAL USE PERMIT 25-003; ESTABLISHMENT OF A BEER AND WINE BAR IN AN EXISTING COMMERCIAL STRUCTURE; LOCATED AT 1009 EAST GRAND AVENUE; APPLIED FOR BY POOR FELLOW, LLC WHEREAS, the project site is located at 1009 East Grand Avenue and within the Fair Oaks Mixed Use (FOMU) zoning district; and WHEREAS, alcoholic beverage sales is permitted in the FOMU zoning district with the approval of a Conditional Use Permit; and WHEREAS, the applicant has applied for Conditional Use Permit 25-003 for the operation of a beer and wine bar at 1009 East Grand Avenue; and WHEREAS, the Architectural Review Committee considered the Conditional Use Permit on September 15, 2025, and recommended approval of the project as submitted; and WHEREAS, the Staff Advisory Committee considered the project on July 23, 2025, and recommended approval with conditions; 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 minor alterations to existing structures; and WHEREAS, on October 7, 2025, the Planning Commission conducted a duly noticed public hearing to consider the staff report, recommendations by staff, and public testimony concerning the project; and WHEREAS, the Planning Commission finds that this project is consistent with the City's General Plan and Development Code; and 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 FOMU zoning district with the approval of a Conditional Use Permit per section 16.36.030 of the Municipal Code, and the proposed use complies with all applicable provisions of the Municipal Code. 2. The proposed use would not impair the integrity and character of the district in which PC RESOLUTION NO. 2025-008 PAGE 2 it is to be established or located. The establishment of a beer and wine bar will not impair the integrity and character of the FOMU zoning district in light of surrounding existing uses and the stated purpose of the FOMU zoning district per Municipal Code Subsection 16.36.020(F), which states that the primary purpose of the FOMU district is to provide for the combination of retail and service uses with an emphasis on those related to home improvement, as well as restaurants, offices, visitor serving uses and multi -family residences that are preferably incorporated in a mixed use project. Conditions of approval developed for the project will ensure integrity and character are maintained. _ 3. The site is suitable for the type and intensity of use or development that is proposed. The existing building can accommodate a variety of retail uses. The establishment of a beer and wine bar would be a complementary and compatible related use in the FOMU zoning district and is therefore suitable for the project site. 4. There are adequate provisions for water, sanitation, and public utilities and services to ensure public health and safety. The establishment of a new beer and wine bar is not anticipated to require additional 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 proposed use of the structure as a beer and wine bar will not be detrimental to the public health, safety or welfare due to conditions of approval developed for the project to ensure these items are maintained. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves Conditional Use Permit 25-003, as presented to the Planning Commission on October 7, 2025 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 a motion by Commissioner Buchanan, seconded by Vice Chair Martin, and by the following roll call vote, to wit: AYES: Buchanan, Martin, Sackrison, Worthen and Roof NOES: None ABSTAIN: None The foregoing Resolution was adopted this 7th day of October 2025. PC RESOLUTION NO. 2025-008 PAGE 3 ATTEST: 1 PATRICK HOLUB SECRETARY TO THE COMMISSION AS TO CONTENT. BRIAN PEDROTTI COMMUNITY DEVELOPMENT DIRECTOR PC RESOLUTION NO. 2025-008 PAGE 4 EXHIBIT `A' CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 25-003 1009 EAST GRAND AVENUE This approval authorizes the establishment of a new beer and wine bar located at 1009 East Grand Avenue, with appropriate Alcoholic Beverage Control (ABC) permits. COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION GENERAL CONDITIONS This approval authorizes the establishment of a beer and wine bar in an existing retail space as well as the installation of approved business signage. 2. The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. 3. The applicant shall comply with all conditions of approval for Conditional Use Permit Case No. 25-003. 4. This application shall automatically expire on October 7, 2027, unless a building permit is issued, or an extension is granted pursuant to Section 16.12.140 of the Development Code. 5. Development shall conform to the FOMU zoning district requirements except as otherwise approved. 6. Development shall occur in substantial conformance with the plans presented to the Planning Commission at the meeting of October 7, 2025, and marked Exhibit B and on file in the Community Development Department. 7. To the extent permitted by law, Applicant shall defend, indemnify and hold harmless the City of Arroyo Grande, its City Council, its officers, employees and agents (the "indemnified parties") from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside, or void any permit or approval for this project authorized by the City, including (without limitation) reimbursing the City its actual attorney's fees and costs in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its choice. The Applicant shall reimburse the City for any court and attorney's fees which the City may be required to pay as a result of any claim or action brought against the City related to this permit or approval. Although the Applicant is the real party in interest in an action, the City may, at its sole discretion, participate at its own expense in the defense of the action, but such participation shall not relieve the Applicant of any obligation under this condition. 8. A copy of these conditions shall be incorporated into all construction documents. 9. Applicant shall submit a tabular matrix showing status of all conditions of approval and mitigation measures prior to first building permit submittal and again before project closeout. 10. The developer 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. Prior to Occupancy, the applicant shall be required to demonstrate compliance with Development Code Chapter 16.56, "Parking and Loading Requirements" to demonstrate how their parking requirement is being met either on-site or through an off-site parking agreement. 12. Trash enclosures shall be screened from public view with landscaping or other appropriate screening materials, and shall be made of an exterior finish that complements the architectural features of the main building. The trash enclosure area shall accommodate recycling container(s). 13. Final design and location of the trash enclosure(s) shall be reviewed and approved by South County Sanitary in the form of a "Will Serve" letter. 14. At the time of application for construction permits, the applicant shall provide details on any proposed exterior lighting, if applicable. The lighting plan shall include the height, location, and intensity of all exterior lighting consistent with Section 16.48.090 of the Development Code. All lighting fixtures shall be shielded so that neither the lamp nor the related reflector interior surface is visible from adjacent properties. All lighting for the site shall be downward directed and shall not create spill or glare to adjacent properties. All lighting shall be energy efficient (e.g. LED). 15. All new electrical panel boxes shall be installed inside the building(s). 16. Buildings equipped with a fire sprinkler system shall also have a Fire Department Connection (FDC), which shall be located adjacent to a fire access roadway, be remote from all buildings outside the building collapse zone, and screened to the maximum extent permitted by the Building Official or Fire Chief. 17. Fire Department Connections (FDC) shall be located near a fire hydrant, which is no closer than 20 feet and no greater than 100 feet with no obstructions or barriers between the FDC and the hydrant such as roads or driveways. 18. Double detector check valve assemblies shall be located directly adjacent to or within the respective building to which they serve, and screened to the maximum extent feasible. 19. All ducts, meters, air conditioning equipment and all other mechanical equipment, whether on the ground, on the structure or elsewhere, shall be screened from public view with materials architecturally compatible with the main structure. It is especially important that gas and electric meters, electric transformers, and large water piping systems be completely screened from public view. All roof -mounted equipment which generates noise, solid particles, odors, etc., shall cause the objectionable material to be directed away from residential properties. 20. All conditions of this approval run with the land and shall be strictly adhered to, within the time frames specified, and in an on-going manner for the life of the project. Failure to comply with these conditions of approval may result in immediate enforcement action. If it is determined that violation(s) of these conditions of approval have occurred, or are occurring, this approval may be revoked pursuant to Development Code Section 16.08.100. 21. The applicant shall comply with all licenses and rules developed by the California Department of Alcoholic Beverage Control. 22. Signage shall be subject to the requirements of Chapter 16.60 of the Development Code. Prior to issuance of a building permit, all illegal signs shall be removed. 23. Any substantial change in use is subject to additional review through the Community Development Department. POLICE DEPARTMENT CONDITIONS 24. The operator shall ensure all servers are qualified to serve alcoholic beverages.