R 3362RESOLUTION NO. 3362
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE APPROVING CONDITIONAL USE
PERMIT 98 -570, APPLIED FOR BY ANNE GRIFFITH &
CYNTHIA JONES, LOCATED AT 1500 WEST BRANCH
STREET
WHEREAS, the Planning Commission of the City of Arroyo Grande has approved PC
Resolution No. 99 -1692 recommending that the City Council approve Conditional Use
Permit 98 -570; and
WHEREAS, the City Council of the City of Arroyo Grande has considered Conditional
Use Permit 98 -570, filed by Anne Griffith & Cynthia Jones, to construct a 4,400
square foot outdoor patio addition and expand the front entrance /waiting area to an
existing restaurant located at 1500 West Branch Street; and
WHEREAS, the. City Council has held a public hearing on this application in
accordance with City Code; and
WHEREAS, the City Council has found this project to be consistent with the General
Plan and the environmental documents associated therewith; and
WHEREAS, the City Council 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_ 15303 of the CEQA Guidelines; and
WHEREAS, the City Council 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 Section 9- 03.050 of the Development Code, and complies with
all applicable provisions of the Development Code, the goals and objectives of
the Arroyo Grande General Plan, and the development policies and standards
of the City.
2. The proposed use will not impair the integrity and character of the district in
which it is to be established or located.
3. The site is suitable for the type and intensity of use or development that is
proposed.
4. There are adequate provisions for water, sanitation, and public utilities and.
services 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.
RESOLUTION NO. 3362
PAGE 2
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo
Grande hereby approves Conditional Use Permit 98 -570, 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 Council Member Ferrara, seconded by Council Member Tolley, and by
the following roll call vote, to wit:
'\
AYES: Council Members Ferrara, Tolley, Dickens, Runels, and Mayor Lady
NOES: None
ABSENT: None
the foregoing Resolution was adopted this 11 ' day of May 1999.
RESOLUTION N_ O. 3362
PAGE 3
ATTEST:
KELLY WETMOIM ADMINISTRATIVE SERVICES DIRECTOR/
DEPUTY CITY CLERK
APPROVED AS TO CONTENT:
ROBERT L. HUNT, CITY MANAGER
APPROVED AS TO FORM:
TI OTHY . CAR EL CITY ATTORNEY
EXHIBIT A
CONDITIONS OF APPROVAL
E.-
CONDITIONAL USE PERMIT 98 -570
ANNE GRIFFITH & .CYNTHIA JONES
1500 WEST BRANCH STREET
COMMUNITY DEVELOPMENT DEPARTMENT
GENERAL CONDITIONS
This approval authorizes the construction of a 4,400 square foot outdoor patio
addition and 126 square foot expansion of the front entrance /waiting area to an
existing restaurant located at 1500 West Branch Street. This approval also
authorizes a 6.6 % parking reduction in the common parking facility located at the
Oak Park Plaza Shopping Center.
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 Conditional use
Permit Case No. 98 -570.
3. This application shall automatically expire one year after City Council approval
unless a building permit is issued. Thirty (30) days prior to the expiration of
the approval, the applicant may apply for an extension of one (1) year from the
original date of expiration.
4. Development shall occur in substantial conformance with the plans presented
to the Planning Commission at the meeting of April 6, 1999 and marked
Exhibits "B -1 through B -4 ".
5. 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.
6. Construction shall be limited to between the hours of 7:00 a.m. and 7:00 p.m.
Monday through Friday and between 8:00 a.m. and 5:00 p.m. on Saturday.,
7. Development shall conform to P -D -1.1 (Oak Park Acres Planned Development)
zoning requirements except as otherwise approved.
8. Prior to issuance of a building permit, a landscaping and irrigation plan shall be
prepared by a licensed landscape architect subject to approval by the
Community Development Director.
9. The hours of outdoor musical entertainment shall be limited to 10:00 a.m. to
12:00 a.m.
10. This Conditional Use Permit shall be `reviewed by the Planning Commission one
year after City Council approval to ensure that the project is being operated in
a manner consistent with these conditions of approval. Issues to be reviewed.
include, but are not limited to, noise, hours of outdoor musical ' entertainment,
and exterior lighting.
BUILDING & FIRE DEPARTMENT
STANDARD CONDITIONS
11. The project shall comply with the most recent editions of the California State
Fire and Building Codes and the Uniform Building and Fire Codes as adopted by
the City of Arroyo Grande.
12. All fire lanes must be posted and enforced, per Police Department and Fire
Department guidelines.
13. Project shall have a fire flow of 1500 gallons per minute for a duration of two
(2) hours.
14. Prior to final inspection, applicant must provide an approved "security key
vault ", per Building and Fire Department guidelines.
15. Prior to issuance of a building .permit, County Health Department approval is
required for food service occupancy.
FEES TO BE PAID PRIOR TO ISSUANCE OF A BUILDING PERMIT
The applicant shall pay all applicable City fees, including the folldwing:
16. Water Mitigation fee, to be based . on codes and rates in effect at the time of
building permit issuance, involving water. connection or enlargement of an
existing connection.
17. Water Distribution fee, to be based on codes and rates in effect at the time of
building permit issuance, in accordance with Municipal Code 6 -7.22.
18. Water Service charge to be based on codes and rates in effect at the time of
building permit issuance, in accordance with Municipal Code 6 -7.22.
19. Water Supply charge, to be based on codes and rates in effect at the time of
building permit issuance, in accordance with Municipal Code 6 -7.22.
20. Traffic Impact fee, to be based on codes and rates in effect at the time of
building permit issuance, in accordance with Ord. 461 C.S., Res. 3021.
21. Traffic Signalization fee, to be based on codes and rates in effect at the time i
of building permit issuance, in accordance with Ord. 346 C.S., Res. 1955-. `
22. Sewer Permit fee, to be based on codes and rates in effect at the time of.
building permit issuance, in accordance 'with Municipal Code 6- 6.405:
23. Construction Tax, the applicant shall pay a. construction tax pursuant to.
Section 3 -3.501 of the Arroyo Grande Municipal Code.
24. Strong Motion Instrumentation Program (SMIP) fee, to be based on codes and
rates in effect at the time of development in accordance with State mandate.
SPECIAL CONDITIONS
25. Provide disabled access per State and Federal requirements.
26. Canopy covers shall have State Fire Marshal approval.
27. Provide all required exists per the Uniform Building Code.
PUBLIC WORKS DEPARTMENT
28. All project improvements shall be designed and constructed in accordance with'
the City of Arroyo Grande Standard Drawings and Specifications, except as may
be modified by these conditions of approval.
29. Upon approval of the improvement plans, the applicant shall provide a
reproducible mylar set and 3 sets of prints of the improvements for inspection
purposes. Prior to acceptance of the improvements, the applicant shall provide
reproducible mylars, and 2 sets of prints of the approved record drawings (as
builts).
30. The developer 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 sanitary 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 or the Community Development Director.
31. The applicant shall be responsible for obtaining an encroachment permit for all
work within a public right of way. Any portion of the project encroaching. into the
future public right of way shall be removed should road widening occur per the
Circulation Element of the General Plan.
32. Prior to the issuance of any construction permit, the developer shall demonstrate
that the adjacent property owners have consented to the proposed offsite
construction:
33. All grading shall be done in accordance with the City Grading 'Ordinance.
34. The pipe outlet for the patio shall be designed to drain to an acceptable drainage
facility to the satisfaction of the Director of Public Works.
35. All drainage facilities shall be designed to accommodate a 100 -year storm flow.
36. All new public utilities shall be installed as underground facilities.
37. Prior to approving any building permit within the project for occupancy, all public
utilities shall be operational.
FEES AND BONDS FOR ALL CITY DEPARTMENTS
38. The applicant shall pay all applicable City fees. The City is currently studying all
development impact and processing fees. The City is also in the process of
developing. a fire impact fee. Certain development impact fees are adjusted
annually. The developer shall pay the updated fees in effect at the time of
payment, except that the fees paid shall not exceed 150 percent -of the fee in
effect at the time of this Conditional Use Permit approval.
RESOLUTION NO. 3362
PAGE 8
OFFICIAL CERTIFICATION
I, KELLY WETMORE, Director of Administrative Services of the City of Arroyo
Grande, County of San Luis Obispo, State of California, do hereby certify under
penalty of perjury, that Resolution No. 3362 is a true, full, and correct copy of
said Resolution passed and adopted at a regular meeting of the City Council of
the City of Arroyo Grande on the 11th day of May, 1999.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 17th
day of May, 1999.
KELLY WETM�Q6RE, ADMINISTRATIVE SERVICES DIRECTOR/
v DEPUTY CITY CLERK