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PC R 99-1692RESOLUTION NO. 99-1692 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING THAT THE CITY COUNCIL APPROVE 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 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 Planning Commission has held a public hearing on this application in accordance with City Code; and , WHEREAS, the Planning Commission has found that this project is cbnsistent with the General Plan and the environmental documents associated therewith; and WHEREAS, the Planning Commission 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 Planning Commission 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. 3. � 5. The proposed use will not impair the integrity and character of the district in which it is to be established or located. The site is suitable for the type and intensity of use or development that is proposed. There are adequate provisions for water, sanitation, and public utilities and services to ensure the public health and safety. The proposed .use will not be detrimental to the public health, safety, or welfare, or materially injurious to properties and improvements in the vicinity. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby recommends that the City Council approve Conditional Use Permit 98-570, with the above findings and subjecf to the conditions as set forth in Exhibit "A", attached hereto and incorporated herein by this reference. Resolution No. 99-1692 Conditional Use Permit No. 98-570 April 6, 1999 Page 2 of 6 On motion by Commissioner Parker, seconded by Commissioner London, and by the following roll call vote, to wit: AYES: Commissioners, Costello, Keen, London, Parker and Chair Greene NOES: None ABSENT: None the foregoing Resolution was adopted this 6 day of April 1999. ATTEST: Kathleen Fryer, Commissi Clerk AS TO CONTENT: Henry Engen, ICP, Interim Community Development Director ' � �� � � �v' . Larry Greene, Chair � � Resolution No. 99-1692 Conditional Use Permit No. 98-570 April 6, 1999 Page 3 of 6 EXHIBIT A CONDITIONS OF APPROVAL 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. 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. Resolution No. 99-1692 Conditional Use Permit No. 98-570 April 6, 1999 Page 4 of 6 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 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 13. All fire lanes must be posted and enforced, per Police Department and Fire Department guidelines. 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 following: 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 Resolution No. 99-1692 Conditional Use Permit No. 98-570 April 6, 1999 Page 5 of 6 building permit issuance, in accordance with Municipal Code 6-7.22. 18. Water Service charge to be based on codes and rates in effecf 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 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). Resolution No. 99-1692 Conditional Use Permit No. 98-570 April 6, 1999 Page 6 of 6 . 30. The devel.oper 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. ' I u