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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: nn „ _ �n n _'l�_. . �� � , �i William Tapp , Chair Doreen LiberEp}Blanck, Community Development Director � � i 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 5 � 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: � 6! 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. . � � -2-