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.