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PC R 11-2125 RESOLUTION NO. 11-2125 I A RESOLUTION OF THE PLANNING COMMISSION OF I THE CITY OF ARROYO GRANDE APPROVING PLOT PLAN REVIEW 11-001; LOCATED AT 138 EAST BRANCH STREET; APPLIED FOR BY MANUEL ESTRELLA OF GINA'S RESTUARANT WHEREAS, the applicant has filed an application for Plot Plan Review 11-001 to construct a 425 square foot exterior patio for Gina's Restaurant at the southwest comer � � of East Branch Street and Short Street; and ' � �WHEREAS, the Architectural Review Committee considered the application and recommended approval of Plot Plan Review 11-001 with conditions of approval; and � � WHEREAS, the Planning Commission has found that this project is consistent with the City's General Plan, Development Code and the environmental documents associated therewith, and have determined that this project is categorically exempt per Section 15315 of the CEQA Guidelines: and � � � WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing that the following circumstances exist: � � � Plot Plan Review Findings: � 1. The proposed project is consistent with the goals, objectives, policies and � programs of the Arroyo Grande General Plan; � The proposed patio use on fhe property is consistent with the Land Use element of the City's General Plan spec�cally LU6-6 which sfates "The Village Core encourages the development of outdoor dining and other similar uses provided they do not impede pedestrian use of the sidewalks." 2. The proposed project conforms to applicable perFormance standards and will not � � be detrimental to the public health, safety or general welfare; � The proposed 425 square foot exterior patio will not be detrimental fo the public health, safety and general welfar� of the community as the location, configuration � and design amenities will be in compliance with the Califomia Building Code and ADA requirements. � � 3. The physical location or placement of the use on the site is compatible with the � � ' � surrounding neighborhood. � . The subject property and proposed patio is located within the Village Core which is intended to provide for a combination of retail, commer�ial, o�ce and r�esidential uses compatible with surrounding residenfial districts in small sca/e pedestrian oriented developments including outdoor dining services. RESOLUTION NO. 11-2125 � PLOT PLAN REVIEW 11-001 FEBRUARY 15, 2011 PAGE20F4 � NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of � � ' Arroyo Grande hereby approves Plot Plan Review as shown in Exhibit "B," attached . hereto and incorporated herein by this reference 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 Keen and by the . following roll call vote, to wit: � � � AYES:� Commissioners Barneich, Keen, Martin, Sperow and Ruth NOES: None ABSENT: None the foregoing Resolution was adopted this 15th day of February, 2011. � ATTEST: � � DEBBIE WEICHINGER I ETH RUTH, CHAIR � SECRETARY TO THE COMMISSION AS TO CONTENT: � l� �--.�� . V V` � l, � TERESA Mc LISH, � � . DIRECTOR OF COMMUNITY DE���,�3�6lAENT . RESOLUTION NO. 11-2125 PLOT PLAN REVIEW 11-001 . . FEBRUARY 15, 2011 I � PAGE 3 OF 4 . � � EXHIBIT "A" � . � . CONDITIONS OF APPROVAL � PLOT PLAN REVIEW 11-001 � � This approval authorizes a 425 square foot patio addition for Gina's Restaurant along the southwest corner of East Branch Street and Short Street in the Village of Arroyo Grande. , � . COMMUNIN DEVELOPMENT DEPARTMENT � � � . . All Community Development Department conditions of approval as listed below are to be � complied prior to issuance of a Certificate of Occupancy, unless specifically noted . � otherwise. � � � . 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 the plans on file and conditions of approval for Plot Plan Review 11-001 on file in the Community Development Department. 3. Development shall occur in substantial conformance with the plans presented to the Planning Commission at the meeting on February 15, 2011 and marked Exhibit "B". � 4. This Plot Plan Review shall automatically expire on February 15, 2013, unless a � � building permit is issued or a time extension is granted pursuant to Section � 16.12.140 of the Development Code. 5. The applicant shall, as� a condition of approval of this Plot Plan Review application, defend, indemnify and hold harmless the City of Arroyo Grande, its . present or former agents, officers and employees from any claim, action, or : : . proceeding against the City, its past or present agents, officers, or employees to . . . �attack, set aside, void, or annul City's approval of this subdivision, which action is � � : � � � brought within the time period provided for by law. This condition is subject to � � � the provisions of Government Code Section 66474.9, which are incorporated by ' ' � reference herein as�though set forth in full. ' � . . 6. That the southeast corner of the patio be redesigned to retain the center tree � along Short Street while maintaining the grade of ramp. 7. Bring landscaping, iron work decorative fencing, signage, materials and paving � � . color materials back to ARC for approval. I8. The applicant shall have a building inspection done on the premises before the - exterior patio can be utilized by the public. RESOLUTION NO. 11-2125 PLOT PLAN REVIEW 11-001 . . = ' � . FEBRUARY 15, 2011 � PAGE40F4 � ' �BUILDING DIVISION . �9. All construction associated with the project shall conform to the 2010 California Building Code and shall conform to all ADA building regulations. RECREATION AND MAINTENANCE SERVICES 10. 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