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PC R 97-1619RESOLUTION NO. 97-1619 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE ADOPTING A NEGATIVE DECLARATION, INSTRUCTING THE SECRETARY TO FILE A NOTICE OF DETERMINATION, AND APPROVING CONDITIONAL USE PERMIT CASE NO. 97-552, APPLIED FOR BY CAFE ANDREINI AT 137 EAST BRANCH STREET WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Conditional Use Permit Case No. 97-552, filed by Cafe Andreini to include a restaurant as part of an existing coffee house; 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 has reviewed the draft Negative Declaration under the provisions of the California Environmental Quality Act (CEQA); and WHEREAS, the Planning Commission finds after due study, deliberation and public hearing, the foltowing circumstances exist: Conditional Use Permit Findings: � 1. The proposed use is permitted within the Village Commercial district pursuant to the provisions of Sections 9-03.050 and 9-11.080 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 fhe City. 2. The proposed use will not impair the integrity and character or the district in which it is to be established or located because the proposed use is similar and compatible with existing businesses in the Village. 3. The site is suitable for the type and intensity of use or development that is proposed. There is adequate parking on site for the use and site drainage and setbacks can be accommodated. 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. Department of Fish and Game Required Findings: 1. The City of Arroyo Grande has prepared an initial study pursuant to Section 15063 of the Guidelines of the California Environmental Quality Act for Conditional Use Permit Case No. 97-552. Resolution No. 97-1619 Conditional Use Permit Case No. 97-552 Cafe Andreini May 6, 1997 Page 2 2. Based on the initial study, a was prepared for public review and reviewed and approved by the Planning Commission. 3. After ho�ding a public hearing pursuant to State and City Codes, ar�d considering the record as a whole, the Planning Commission adopted the and found that there is no substantial evidence of any significant adverse effect, either individually or on the habitat upon which the wildlife depends as a result of development of this project. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of A�royo Grande hereby adopts a, instructs the secretary to file a Notice of Determination, and approves Conditional Use Permit Case No. 97-552, 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, Haney, 0'Donnell, Rondeau, and Lubin NOES: None ABSENT: None the foregoing Resolution was adopted this 6th day of May, 1997. AITEST: 2 Luci e B eese, Commission C erk TO CONTENT: v Doreen Lit�erto-Blanck, Community Development Director Resolution No. 97-1619 ATTACHMENT "A" � � � � I� �_ J CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT CASE NO. 97-552 Cafe Andreini 131 East Branch Street COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS This approval authorizes the operation of a restaurant within the existing building located at 131 East Branch Street. 1. 2 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. 97-552. 3. This application shall automatically expire on May 6, 1999 unless a business license is issued. Thirty (30) days prior to the expiration of the approval, the applicant may apply for an extension of one (11 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 May 6, 1997 and marked Exhibit �� A �� 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. DEVELOPMENT CODE 6. Development shall conform with the Village Commercial zoning requirements except as otherwise approved. SPEC/AL COND/T/ONS 7. Prior to issuance of a business license, the applicant shall submit a site plan indicating the location and design of a trash enclosure for review by the Community Development Department. The trash enclosure shall meet the Development Code Standards as specified in Chapter 9-10. The trash enclosure shall be constructed prior to issuance of a business license or a bond may be posted in the amount of S 1500.00. Resolution No. 97-1619 � � Prior to issuance of a business license, the three (3) parking spaces adjacent to the rear of the building shall be eliminated. This project shall comply with all performance standards in Development Code Section 7-10.110 and the City's Noise Ordinance. BUILDING AND FIRE DEPARTMENT CONDITIONS UBC/UFC 10. 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. SECURITY KEY BOX 11. Prior to issuance of a business license, applicant must provide an approved "security key vault," per Building and Fire Department guidelines. OTHER PERMITS 12. Prior to issuance of a business license, County Health Department approval is required. PUBLIC WORKS DEPARTMENT CONDITION SPEC/AL COND/T/ON 13. Prior to issuance of a business license, the p[operty owner shall provide a drainage easement over the property to accept drainage from upstream properties to the satisfaction of the Public Works Director.