PC R 91-135614�
RESOLUTION NO. 91-1356
A RESOLUTION OF THE PLANNING COn�IlVIISSION OF
THE CITY OF ARROYO GRANDE RECONIlVIENDING TO
THE CITY COUNCIL APPROVAL OF CONDITIONAL USE
PERMIT CASE NO. 91-492, TO ALLOW FOR
INSTALLATION OF A PLAY AREA AT AN EXISTING
FAST FOOD RESTAURANT, APPLIED FOR BY CARL'S
JR. RESTAURANT AT 1590 WEST BRANCH STREET.
WHEREAS, the Planning Commission of the City of Anoyo Grande has considered an
application for installation. of a play area at an existing fast restaurant, applied for Carl's 7r.
Restaurant at 1590 West Branch Street in the PD 1.1 Planned Development District; and
WHEREAS, the Planning Commission has found that this project is consistent with the
General Plan and environmental documents associated therewith; and
WHEREAS, the Planning Commission has reviewed the project in compliance with the
California Environmental Quality Act and has determined that this project is categorically
exempt from the provisions of the California Environmental Act (CEQA), per Section 15303(e)
of the CEQA Guidelines; and
WHEREAS, the Planning Commission finds, after due study, deliberation and public
hearing, the following circumstances exist:
2.
3.
4.
5.
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 Anoyo Grande General Plan,
and the development policies and standards of the City.
The proposed use will not impair the integrity and character or the district in which it
is to be established or located.
The site is suitable for the type and intensity of use or development that is proposed.
There are adequate provisions for water, sanitation, and public utilities and services to
ensure the public health and safety.
The proposerl use will not be detrimental to the public health, safety, or welfare, or
materially injurious to properties and improvements in the vicinity.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City
of Anoyo Grande hereby recommends to the City Council approval of said Conditional Use
Permit, subject to the following conditions:
General Conditions
1. The applicant shall ascertain and comply with all State, County and City requirements
as are applicable to this project.
2. This application shall automatically expire on December 3, 1993 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, 1991 and marked "Exhibit A".
4. The applicant shall agree to defend at his/her sole expense any action brought against the
City, its agents, officers, or employees because of the issuance of said approval, 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.
� o�
Resolution No. 91-1356
December 3, 1991
Page 2
Planning Department Conditions �
5. Development shall conform with the P-D zoning requirements unless otherwise
approved.
6. Signage shall be subject to the requirements of Chapter 9-13 of the Development Code.
Building Department Conditions
7. The applicant shall apply for all required building permits prior to the start of any
construction.
Fire Department Conditions
8. The applicant shall comply with the exiting requirements of the Uniform Building Code.
On motion by Commissioner Boggess, seconded by Commissioner Carr, and by the
following roll call vote, to wit:
AYES: Commissioners Boggess,
Brandy
NOES: None
ABSENT: Commissioner Soto
Souza, Moore, Groves, Carr and Chairman
the foregoing Resolution was adopted this 3rd day of December, 1991.
ATTEST:
Pear ; ney, Secr tary Drew Brandy, Chairm