CC 2018-04-10_09i Resolution Denying CUP Fast Food Restaurant
MEMORANDUM
TO: CITY COUNCIL
FROM: TERESA McCLISH, COMMUNITY DEVELOPMENT DIRECTOR
BY: MATTHEW DOWNING, PLANNING MANAGER
SUBJECT: CONSIDERATION OF A RESOLUTION DENYING WITH PREJUDICE
CONDITIONAL USE PERMIT 16-008; CONSTRUCTION OF AN
APPROXIMATELY 2,650 SQUARE-FOOT FAST-FOOD RESTAURANT
WITH DRIVE-THRU; LOCATION – 727 EL CAMINO REAL (WESTERN
CORNER OF EL CAMINO REAL, FAEH AVENUE, AND BELL
STREET); APPLICANT – ELA FOODS, INC.; REPRESENTATIVE –
OASIS ASSOCIATES
DATE: APRIL 10, 2018
SUMMARY OF ACTION:
Adoption of the proposed Resolution would formally deny the proposed project in
accordance with the tentative action taken and as directed by the City Council at the
March 27, 2018 City Council meeting.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
Denial of the proposed project would result in the City not being able to collect
approximately $10,000 to $20,000 per year in sales tax revenue.
RECOMMENDATION:
It is recommended the City Council adopt a Resolution denying with prejudice
Conditional Use Permit 16-008.
BACKGROUND:
At the regular meeting of March 27, 2018, the City Council reviewed the proposed
project, considered all the facts, presentation by staff and the developer’s
representative, and public testimony from the twelve (12) public speakers, took tentative
action to deny the proposed project, and directed staff to return with a resolution with
appropriate findings for denial of the project based upon inconsistencies with the
General Plan resulting from traffic and intensity of the drive-thru use, as well as site and
road configurations that would be further impacted by the intensity of the drive-thru use.
ANALYSIS OF ISSUES:
The prepared Resolution has been developed with findings for denial of the proposed
project with prejudice, consistent with concerns of the Council. Findings that could not
Item 9.i. - Page 1
CITY COUNCIL
CONSIDERATION OF A RESOLUTION DENYING WITH PREJUDICE CONDITIONAL
USE PERMIT 16-008
APRIL 10, 2018
PAGE 2
be made in the affirmative are indicated in bold italics in the attached Resolution.
Generally, the Council could not make findings in the affirmative based on the impact of
the proposed project on the residential neighborhood in the immediate vicinity. In
accordance with Municipal Code Section 16.12.120, the denial of the project with
prejudice does not allow the applicant to reapply for the same or substantially the same
use on the same site until April 10, 2019.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Adopt the attached Resolution denying the proposed project;
2. Modify as appropriate and adopt the attached Resolution denying the proposed
project;
3. Do not adopt the attached Resolution, request concurrence from the applicant to
reopen the public hearing for a future date after providing adequate notice; or
4. Provide direction to staff.
ADVANTAGES:
Adoption of the Resolution would deny the proposed project, consistent with the
tentative action taken by the Council on March 27, 2018.
DISADVANTAGES:
None identified.
ENVIRONMENTAL REVIEW:
In accordance with the California Environmental Quality Act (CEQA), the State CEQA
Guidelines, and the Arroyo Grande Procedures for the Implementation of CEQA, staff
has determined that adopting the prepared Resolution is exempt from environmental
review in accordance with Sections 15061(b)(4) and 15270(a) of the CEQA Guidelines
that states CEQA does not apply to projects which a public agency rejects or
disapproves.
PUBLIC NOTIFICATION AND COMMENT:
The Agenda was posted at City Hall and on the City’s website in accordance with
Government Code Section 54954.2.
Item 9.i. - Page 2
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE DENYING WITH PREJUDICE
CONDITIONAL USE PERMIT 16-008; LOCATED AT 727 EL
CAMINO REAL; APPLIED FOR BY ELA FOODS, INC.
WHEREAS, the project site is currently vacant, located at 727 El Camino Real, and zoned
Highway Mixed-Use (HMU); and
WHEREAS, the applicant has filed Lot Merger 16-001 and Conditional Use Permit 16-008
for the construction of an approximately 2,650 square foot fast-food restaurant with drive-
thru and associated site improvements; and
WHEREAS, the Architectural Review Committee considered the project on June 19, 2017
and recommended approval with conditions; and
WHEREAS, the Traffic Commission considered the project on August 14, 2017 and
September 18, 2017 and recommended approval with conditions; and
WHEREAS, the Planning Commission considered the project on October 17, 2017 and
February 6, 2018 and recommended approval with conditions; 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 reviewed the draft Mitigated
Negative Declaration; and
WHEREAS, the City Council reviewed the project at a duly noticed public hearing on
March 27, 2018, and considered all written evidence and oral testimony; and
WHEREAS, the City Council tentatively denied the proposed project and directed staff to
return with appropriate findings for denial; and
WHEREAS, the City Council finds, after due study, deliberation and public hearing, the
following circumstances exist:
Lot Merger Findings:
1. The lot merger is in compliance with the Subdivision Map Act.
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.
Item 9.i. - Page 3
RESOLUTION NO.
PAGE 2
The proposed fast food restaurant with drive-thru is inconsistent with
Policies LU5-6, LU5-8, and ED5 of the General Plan. This inconsistency
is due to the deleterious effects the proposed use would have on the
adjacent residential neighborhood, which is a result, in part, of traffic
from the uniquely shaped site and the design of required secondary
access leading to necessary restrictions on the adjacent circulation
system. The deleterious effects additionally result from noise from the
proposed use being equivalent to that of a diesel train adjacent to the
residential neighborhood and intensity of the drive-thru use conflicting
with the adjacent neighborhood. Lastly, the proposed use is
inconsistent with the General Plan due to the loss of commercial
continuity of service and retail business sectors of the City as a result
of primarily freeway serving use.
2. The proposed use would not impair the integrity and character of the district
in which it is to be established or located.
The proposed use fast-food restaurant with drive-thru is proposed on a
vacant commercial parcel zoned HMU located in convenient proximity to US
Highway 101 and would not impair the integrity of the HMU district due to
the intent of the district to provide areas for a variety of visitor-serving and
auto-related uses in areas convenient to both freeway traffic ad vehicles or
pedestrians, including restaurants.
3. The site is suitable for the type and intensity of use or development that is
proposed.
The site and adjacent residential neighborhood are not suitable for the
intensity of use proposed due to the shape of the site for the proposed
use, which requires unique implementation of the requirement for
secondary access that affects the existing circulation system and
requires additional modifications to the circulation system to achieve
compatibility. The site is also located in close proximity to an existing
residential neighborhood and the potential noise generated from the
proposed use, which is equivalent to that of a diesel train, is not a
suitable intensity of use for the site, as it would have deleterious
effects on the area.
4. There are adequate provisions for water, sanitation, and public utilities and
services to ensure public health and safety.
The provisions for water, sanitation, and public utilities were examined
during processing of the entitlement and it was determined that adequate
public services will be available for the proposed project and will not result in
substantially adverse impacts.
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 would be detrimental to the public health, safety,
and welfare, particularly in the immediately adjacent residential
Item 9.i. - Page 4
RESOLUTION NO.
PAGE 3
neighborhood, due to site and road configurations that would
necessitate unique implementation of the requirement for secondary
access that affects the existing circulation system, the impact of the
intensity of the drive-thru fast food restaurant in the proposed
configuration, and the potential noise generated from the proposed
use equivalent to that of a diesel train.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing findings, the City
Council of the City of Arroyo Grande hereby denies with prejudice Conditional Use Permit
16-008.
On motion by Council Member _________, seconded by Council Member _________,
and by the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was adopted this 10th day of April, 2018
Item 9.i. - Page 5
RESOLUTION NO.
PAGE 4
________________________________________
JIM HILL, MAYOR
ATTEST:
________________________________________
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
________________________________________
JAMES A. BERGMAN, CITY MANAGER
APPROVED AS TO FORM:
________________________________________
HEATHER K. WHITHAM, CITY ATTORNEY
Item 9.i. - Page 6