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R 3338 . . RESOLUTION NO. 3338 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING AMENDMENT NO.1 TO CONDITIONAL USE PERMIT 96-541, APPLIED FOR BY AGRA, LLC, LOCATED AT FIVE CITIES CENTER WEST BRANCH STREET WHEREAS, the City Council of the City of Arroyo Grande has considered an Amendment No. 1 to Conditional Use Permit 96-541, filed by AGRA, LLC, for a modification to the approved site plan; 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 that this project is consistent with the General Plan and the environmental documents associated therewith; and - WHEREAS, the City Council finds that the proposed project is categorically exempt under Section 15304 the State CEQA Guidelines; and WHEREAS, the Planning Commission of the City of Arroyo Grande has recommended approval of the proposed amendment at its meeting of October 28, 1998; 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 because the proposed use is similar to surrounding uses and is located in the PD 1.2 District. 3. The site is suitable for the type and intensity of use or development that is proposed because all the necessary easements, circulation, parking and setbacks would be provided. 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. 3338 . November 10, 1998 Page 2 of 4 NOW, THEREFORE, BE IT RESOLVED that the City Council of the. City of Arroyo Grande hereby approves an Amendment No. 1 to Conditional Use Permit 96-541, with the above findings and subject to the conditions as set forth in Attachment "A", attached hereto and incorporated herein by this reference. On motion by Council Member Runels, seconded by Council Member Fuller, and by the following roll call vote, to wit: AYES: Council Members Runels, Fuller, and Mayor Dougall NOES: Mayor Pro Tern Lady ABSTAIN: Council Member Tolley lution was adopted this 10th day of November, 1998. ATTEST: Y1~a,~ NANCY A. VIS, CITY CLERK APPROVED AS TO CONTENT: E~LfJJ L, ftu~ ROBERT L. HUNT, CITY MANAGER APPROVED AS TO FORM: . EY I, NANCY A. DAVIS, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, Srtate of Calfiornia, do hereby certify under penalty of perjury, that the foregoing Resolution No. 3338 is a true, full and correct copy of said resolution passed and adopted at a regular meeting of the Arroyo Grande City Council on the 10th day of November, 1998. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 23rd day of November, 1998. 17 a, ~ NANC~S. CITY CLERK Resolution No 3338 November 10, 1998 Page 3 .of 4 ATTACHMENT "A" CONDITIONS OF APPROVAL AMENDMENT NO.1 TO CONDITIONAL USE PERMIT 96-541 AGRA, LLC, FIVE CITIES CENTER GENERAL CONDITIONS This Amendment to Conditional Use Permit 96-541 authorizes modifications only to the approved site plan with regard to the locations for Buildings Land M as indicated on Exhibit ,"B" dated September 14, 1998. 1. All conditions of approval for Conditional Use Permit 96-541 shall remain in full force and effect as indicated in City Council Resolution 3157 approved on July 9, 1996 attached as Attachment liB". 2. This amendment shall automatically expire on November 10, 2000 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. 3. The modifications to the site plan for location of Buildings Land M shall occur in substantial conformance with the plans presented to the City Council at the meeting of November 10, 1998 and marked Exhibit "A" or "B", at the discretion of the applicant. All related site improvement plans shall be revised to be consistent with the selected building footprint. Special conditions: --- COMMUNITY DEVELOPMENT DEPARTMENT 4. Revised building elevations for Buildings Land M shall be reviewed and approved by the Architectural Advisory Committee and the Planning Commission prior to issuance of a building permit. 5. With the approval of this Amendment No.1, the applicant may, at his discretion, apply for building permits for the revised building footprint of Building M, or for the 6,500 square foot building footprint as previously approved by the City Council on July 9, 1996. All related site improvement plans shall be revised to be consistent with the selected building footprint. Resolution No. 3338 November 10, 1998 Page 4 of 4 PUBUC WORKS DEPARTMENT 6. Revised site improvement plans pertaining to the locations for Buildings Land M, including grading and utility plans shall be submitted for the review and approval of the Public Works Director and the. Community Development Director. These revised plans shall include a revision to the turning radius for the queuing line for the drive-thru restaurant (Building L) to provide a better turning radius at the exit driveway, and revised parking island designs for the parking in front of Building M to provide better turning radius. Site improvement plans pertaining to parking and landscaping for Buildings Land M shall be submitted to the Planning Commission for review and approval. \