R 3338
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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
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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:
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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.
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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.
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