PC R 96-1591RESOLUTION NO. 96-1591
A RESOLUTION OF THE PLANNING COMNIISSION OF
THE CITY OF ARROYO GRANDE ADOPTING A
NEGATIVE DECLARATION, INSTRUCTING THE
SECRETARY TO FILE A NOTICE OF DETERII�TATION,
AND APPRO VING CONDITIONAL USE PERMIT CASE NO.
96-546, APPLIED FOR BY BROADWAY BAGEL AND
COFFEE COMPANY .AT 1259 GRAND AVENUE
WHEREAS, the Planning Commission of the City of Arroyo Grande has considered
Conditional Use Permit Case No. 96-546, filed by Broadway Bagel and Coffee Company for
installation and operation of a drive for the existing restaurant; and
VV�iER�A5, 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 following circumstances exist:
Conditional Use Permit Findings: �
1. The proposed use is permitted within the subject 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 the City.
2. The proposed use will not impair the integrity and character or the district in which it
is to be established or located.
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, setbacks and landscape
areas 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. 96-546.
Resolution No. 96-1591
Conditional Use Permit Case No. 9�546
Broadway Bagel and Coffee Company
December 3, 1996
Page 2
2. Based on the initial study, a negative declaration was prepared for review by the public
and review and approval by the Planning Commission.
3. After holding a public hearing pursuant to State and City Codes, and considering the
record as a whole, the Planning Commission adopted the negative declazation 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
Arroyo Grande hereby adopts a negative declaration, instructs the secretary to file a Notice of
Determination, and approves Conditional Use Permit Case No. 96-546, 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 Lubin, seconded by Commissioner Keen, and by the
following roll call vote, to wit:
AYES: Commissioners Lubin, Keen, Titus, Deviny and Tappan
NOES: None
ABSENT: None
the foregoing Resolution was adopted this 3rd day of December, 1996:
ATTFST:
�` , .
.
ucil�.e Breese, Comm�ssion Clerk
AS TO CONTENT:
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, �i
William Tapp , Chair
Doreen LiberEp}Blanck, Community Development Director
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Resolution No. 96-1591 A1'TACffiVIENT A
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT NO. 96-546
Broadway Bagel & Coffee Company
1259 Grand Avenue
GENERAL CONDITIONS
CO DEVELOPMENT DEPARTMENT
This approval authorizes installation and operation of a drive-through for the existing restaurant
at 1259 Grand Avenue. Included in the approval are modifications to parking lot landscaping,
striping, and circulation as depicted on Exhibit "A".
l. The applicant shall ascertain and comply with all Federal, State, County and City
requirements as are applicable to this proj ect.
2. This application shall automatically expire on December 3, 1998 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. Development shall occur in substantial conformance with the plans presented to the
Planning Commission at the meeting of December 3, 1996 and marked Exhibit "A".
4. The applicant shall agree to defend at his/her sole expense any action brought against the
City, its present or former agents, officers, or em�ployees 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
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Development shall conform with the GC zoning requirements except as otherwise
approved.
All new planted areas shall be separated from the driveway by concrete curbs.
LANDSCAPING
7. Prior to issuance of building permits, a landscaping and irrigation plan for the proposed
landscape areas shall be prepared by a licensed landscape architect subject to review and
approval by the Community Development and Parks and Recreation Departments. The
landscaping plan shall include the following: �
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Resolution No. 96-1591
a. Tree staldng, soil preparation and planting detail;
b. The use of landscaping to screen ground-mounted utility and mechanical
equipment;
c. The required landscaping and improvements. This includes:
1) Deep root planters shall be included in areas where .trees are within five
feet (5') of asphalt or concrete surfaces and curbs;
2) Water conservation practices including the use of low flow heads, drip •
irrigation, mulch, gravel, drought tolerant plants and mulches shall be
incorporated into the landscaping plan; and
3) An automated imgatior� system.
SOLID WASTE
8. Solid waste pick-up location as identified is acceptable.
SPECIAL CONDITIONS
9. Prior to issuance of building permits, the applicant shall submit a plan for directional
signage for the drive through. The plan shall include a site plan and sign plan showing
loc�tion, siae and design of signs including directional signs, menu boards, and other
signs for the drive through. A sign permit may be required if directional signs contain
� advertizing material.
10. Hours of operation for the drive through shall be consistent with Development Code
Section 9-11.080 (6:00 a.m. - 10:00 p.m.).
11. The drive through speaker system shall emit no more than 50 decibels, four feet between
the vehicle and the speaker, and shall not be audible above daytime ambient r�oise levels
beyond the property boundaries. The system shall be designed to compensate for
ambient noise levels. .
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