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PC R 98-1671RESOLUTION NO. 98-1671 A RESOLUTION OF THE PLANNING COMMISSION 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, INCLUDING ATTACHMENT "A" WHEREAS, the Planning Commission 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 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 consistent with the General Plan and the environmental documents associated therewith; and WHEREAS, the Planning Commission finds that the proposed project is categorically exempt under Section 15304 the State 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. 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. 98-1671 October 28, 1998 Page 2 of 4 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission 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 Commissioner Greene, seconded by Commissioner Haney, and by the following roll call vote, to wit: AYES: Commissioners Greene, Keen, Haney and Lubin NOES: None ABSENT: Parker the foregoing Resolution was adopted this 28th day of October 1998. ATTEST: , Pearl L. Phinney, Commission CI AS TO CONTENT: � � J' Hamilton, AICP Community Development Director Resolution No. 98-1671 October 28, 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 locations for Buildings L and M as indicated on Exhibit "B" dated September 14, 1998. 1. All conditions of approval for Conditional Use Permit 96-541 shall �emain in full force and effect as indicated in City Council Resolution 3157 approved on July 9, 1996 attached as Attachment "B". 2. This amendment shall automatically expire on October 28, 2000 unless a building permit is issued. Thirty (301 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 L and M shall occur in substantial conformance with the plans presented to the Planning Commission at the meeting of October 28, 1998 and marked Exhibit "A" or "B", at the disc�etion of the applicant. All related site improvement plans shall be revised to be consistent with the selected building footprint. Specia/ conditions: COMMUNITY DEVELOPMENT DEPARTMENT 4. Revised building elevations for Buildings L and 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. 98-1671 October 28, 1998 Page 4 of 4 PUBLIC WORKS DEPARTMENT 6. Revised site improvement plans pertaining to the locations for Buildings L and M, including grading and utility plans shall be submitted for the review and approval of the Pubic 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�lans aertaining to parking and landscaaing for Buildings L and M shall be submitted to the Planning Commission for review and aaproval.