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PC R 11-2136 RESOLUTION NO. 11-2136 � � A RESOLUTION OF THE PLANNING COMMISSION OF I , THE CITY OF ARROYO GRANDE APPROVING TEMPORARY USE PERMIT 11-008; LOCATED AT THE SOUTHEAST CORNER OF EAST GRAND AVENUE AND HALCYON ROAD INTERSECTION AND ARROYO GRANDE COMMUNITY HOSPITAL; APPLIED FOR BY LORI S. NUNES WHEREAS, the applicant has filed Temporary Use Permit 11-008 to establish a mobile food truck at various locations in the City of Arroyo Grande including the southeast corner of the East Grand Avenue and Halcyon Road intersection and Arroyo Grande Community Hospital; 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 determined that the Categorical Exemption determined for the project is adequate; and WHEREAS, the Planning Commission of the City of Arroyo Grande has reviewed the project at a duly noticed public hearing on June 21, 2011; and WHEREAS, the Planning Commission finds, �after due study, deliberation and public - hearing, the following circumstances exist: Temporary Use Permit Findings: � 1. The operation of the requested use at the location proposed and within the time � period specified will not jeopardize, endanger, or otherwise constitute a menace to the public health, safety or general welfare. The mobile food truck will be utilizing various locations •throughout Arroyo Grande. The proposed locations have adequate space for vehicle set up and patron access. Since mobile food frucks typically serve a majority of pedestrian customers, additional parking for those patrons not within walking distance is available. The hours proposed are acceptable on a trial basis for City staff to observe if a public nuisance is created by either the daytime or late nighf hours planned by fhe applicant. 2. The proposed site is adequate in size and shape to accommodate the temporary use without material detriment to the use and enjoyment of other properties located adjacent to and in the vicinity of the site. Due to fhe location of sites proposed, the number of patrons expected at each . site, and the fact that mobile food trucks typically serve a majority of pedestrian I � customers, adequate space for truck set up, patron access, and temporary ' parking exists and therefore no significant impact on nea►�by properties is - expected. RESOLUTION NO. 11-2136 JUNE 21, 2011 PAG E 2 of 5 3. The proposed site is adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that the temporary use will or could reasonably be expected to generate. The proposed sites all have adequate access and are of sufficienf width to accommodate fhe quantify of tra�c anticipated by fhe use since mobile food trucks typically serve a majority of pedestrian customers. 4. Adequate temporary parking to accommodate vehicular traffic to be generated by the use will be available either on-site or at alternate locations acceptable to the planning director. The proposed sites all have adequafe temporary parking fo accommodate vehicular tra�c generated by the use since mobile food trucks typically serve a majority of pedestrian customers. � NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves Temporary Use Permit 11-008 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 Barneich, seconded by Commissioner Ruth, and by the following roll call vote, to wit: � - AYES: Commissioners Bameich and Ruth NOES: Commissioner Keen ABSENT:� Commissioners Martin and Sperow the foregoing Resolution was adopted this 21�h day of June, 2011. RESOLUTION NO. 11-2136 JUNE 21, 2011 PAGE 3 of 5 I ' ATTEST: � Q,�,�,�C.�:r (.�lo,c��,�'�t,�-�Q.� DEBBIE WEICHINGER I BETH RUTH SECRETARY TO THE COMMISSION CHAIR AS TO CONTENT: c TERESA MCCLIS COMMUNITY DEV LOPMENT DIRECTOR RESOLUTION NO. 11-2136 JUNE 21, 2011 PAGE4of5 EXHIBIT `A' CONDITIONS OF APPROVAL TEMPORARY USE PERMIT 11-008 This approval authorizes the applicant to establish a mobile food truck at various locations in the City of Arroyo Grande including the southeast corner of the East Grand Avenue and Halcyon Road intersection and Arroyo Grande Community Hospital. GENERAL CONDITIONS: 1. The applicant shall ascertain and comply with all State, County and City requirements as are applicable to this project. 2. The event shall occur in substantial conformance with the application and plans on file in the Community Development Department. � 3. The applicant shall agree to defend at his/her sole expense any action brought against the City, its agents, officers, or employees because of the issuance of said approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any court costs and attomeys' 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. COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS: 4. The applicant shall apply and be approved for a City of Arroyo Grande business license in order to commence business within the City limits. 5. This Temporary Use Permit shall remain valid for a trial period of 90 days from the date of approval. 6. If it is determined at any time during the initial 90 day trial period that public health, safety, or general welfare is compromised this permit may be revoked. 7. This permit is non-transferrable and is valid for the above named applicant or an employee of the above named applicant only. 8. The operation of the food truck at sites other than those listed above is prohibited. 9. The vehicle shall not be operating at Soto Sports Complex. 10. The vehicle cannot be set up in any public right-of-way including, but not limited to, _, streets, public parking lots, and other public facilities. RESOLUTION NO. 11-2136 JUNE 21, 2011 . PAGE 5 of 5 . 11. The vehicle cannot be set up within a 300 foot radius of a public school. 12. The vehicle cannot be set up adjacent to residential districts between the hours of 9 pm and 9 am. 13. A copy of this permit, current copies of vehicle registration and insurance, as well � as written consent by the property owner or property manager must be kept on hand at all times and provided upon request. County Health Department approval shall be displayed in accordance with their requirements. Failure to provide any of these documents will void this permit. 14. The vehicle can be stopped in a single place no longer than finro hours. After two hours the vehicle must move to another location at least 500 feet away. 15. Any exterior lighting must be directed downward at all times. 16. Tables and chairs are prohibited from being set up outside of the vehicle. 17. No signs, banners, or other advertising devices may be set up on or attached to V private or public property at any time. All advertising shall be limited to permanent paint or decals on the vehicle. 18. The vehicle shall be painted, in good repair, and in good sanitary condition at all times. BUIL�ING AND FIRE DEPARTMENT CONDITIONS: 19. Electrical hook-ups shall be approved by the Building Department prior to connection. 20. A 2A106C fire extinguisher shall be on site during use. 21. The placement of the vehicle shall not block disabled parking spaces or routes of travel. . 22. Inspection of the vehicle shall be completed by the Building Department prior to � doing business within the City. . PLANNING COMMISSION CONDITIONS: 23. The vehicle shall only be in operation at the Arroyo Grande Community Hospital and the southeast corner of the East Grand Avenue and Halcyon Road intersection. 24. The permit shall be referred back to the Planning Commission at the end of the 90 day trial period for re-examination.