R 4707 RESOLUTION NO. 4707
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE APPROVING CONDITIONAL USE
PERMIT 15-010; LOCATED AT 924 WEST BRANCH
STREET; APPLIED FOR BY STARBUCKS COFFEE
COMPANY
WHEREAS, the project site is located in the Five Cities Center and part of the Regional
Commercial (RC) zoning district; and
WHEREAS, the applicant has applied for Conditional Use Permit 15-010 for the
incidental, on-site sale of beer and wine at an existing Starbucks Coffee location; and
WHEREAS, the Planning Commission of the City of Arroyo Grande reviewed the project
at a duly noticed public hearing on January 5, 2016 and recommended the City Council
approve the project; and
WHEREAS, the City Council 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 existing
facilities; and
WHEREAS, the City Council of the City of Arroyo Grande has reviewed the project at a
duly noticed public hearing on February 9, 2016; 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 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.
Alcoholic beverage sales are an allowed use in the Regional Commercial
(RC) zoning district following approval of a conditional use permit per
Section 16.36.030 of the Municipal Code.
2. The proposed use would not impair the integrity and character of the district
in which it is to be established or located.
The incidental sale of alcoholic beverages at the existing coffee shop would
not impair the integrity and character of the RC district in light of the stated
purpose of the RC zoning district per Municipal Code Subsection
16.36.020(1) and conditions of approval developed for the project to help
ensure integrity and character are maintained.
RESOLUTION NO. 4707 `
PAGE 2
3. The site is suitable for the type and intensity of use or development that is
proposed.
The site contains an existing coffee shop that is suitable for the incidental
sale of beer and wine. Conditions of approval have been developed for the
project to ensure the alcoholic beverage sales do not result in any adverse
impacts on adjacent land uses.
4. There are adequate provisions for water, sanitation, and public utilities and
services to ensure public health and safety.
The incidental sale of beer and wine 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 incidental sale of beer and wine will not be detrimental to the public
health, safety or welfare due to conditions of approval developed for the
project to ensure public health, safety and welfare.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo
Grande hereby approves Conditional Use Permit 15-010, as presented to the City Council
on February 9, 2016 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 motion by Council Member Harmon, seconded by Council Member Guthrie, and by
the following roll call vote, to wit:
AYES: Council Members Harmon, Guthrie, and Mayor Hill
NOES: Council Members Brown, Barneich
ABSENT: None
the foregoing Resolution was adopted this 9th day of February, 2016.
RESOLUTION NO. 'i-707
PAGE 3
JIM ILL, MAYOR
ATTEST:
'r .1J ` �(� a
KELLY ET1 ORE, CITY CLERK
APPROVED AS TO CONTENT:
A.�. _ .rim
D NNE THOMPSO do _GER
APPROVED AS TO FORM:
HEATHER K. WHITHAM, CITY ATTORNEY
RESOLUTION NO. 41707
PAGE 4
EXHIBIT `A'
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT CASE NO. 15-010
924 WEST BRANCH STREET
This approval authorizes the sale of beer and wine for onsite consumption at the
Starbucks Coffee located at 924 West Branch Street, with appropriate Alcoholic
Beverage Control (ABC) permits.
COMMUNITY DEVELOPMENT DEPARTMENT
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 all conditions of approval for Conditional Use
Permit 15-010.
3. This application shall automatically expire on February 9, 2018 unless a building
permit is issued or an extension is granted pursuant to Section 16.12.140 of the
Development Code.
4. The project shall occur in substantial conformance with the plans presented to the
City Council at the meeting of February 9, 2016 and marked Exhibit"B".
5. The applicant shall agree to indemnify and 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 any way 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 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.
6. A copy of these conditions and mitigation measures shall be incorporated into all
construction documents.
7. All conditions of approval from Resolution No. 3157 and subsequent approvals
shall remain in full force and effect, in addition to the conditions of approval
contained herein.
RESOLUTION NO. 4110?
PAGE 5
BUILDING AND LIFE SAFETY DIVISION AND FIRE DEPARTMENT CONDITIONS
CBC/CFC
8. The project shall comply with the most recent editions of the California State Fire
and Building Codes and the International Building and Fire Codes as adopted by
the City of Arroyo Grande.
FIRE SPRINKLER
9. All buildings must be fully sprinklered per Building and Fire Department guidelines
and per the California Fire Code. Provide evidence that the fire protection provided
under the canopy area is adequate for the proposed project.
ENGINEERING DIVISION CONDITIONS
GENERAL CONDITIONS
10. The development shall provide safe accessible paths of travel, in accordance with
Americans with Disabilities Act requirements.
POLICE DEPARTMENT CONDITIONS
11. Ensure all servers are qualified to serve alcoholic beverages.
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OFFICIAL CERTIFICATION
I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San Luis
Obispo, State of California, do hereby certify under penalty of perjury, that the attached
Resolution No. 4707 was passed and adopted at a regular meeting of the City Council
of the City of Arroyo Grande on the 9th day of February, 2016.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 11th day of
February, 2016.
/ ilaterig---
KELLY T 1•RE, CITY CLERK
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