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PC R 89-1241RESOLUTION NO. 89-1241 A ftFSOLDTION OF THE PLANNING OOMMISSION OF THE C1TY OF AftROYO GRANDE APPROVING A OONDITIONAL IISE PERMIT CASE NO. 89-453, APPLII?D FOR BY CHARI.FS DObTER AND CARLEN LANDDCK, 320 E. BRANCH STREET, FOft A LIQUOR AND DELIGATF�SEN 5'PORE AND ADOPTION OF A MITIGATED NEGATIVE D�RATION. y� � WI�EREAS, the Planning Conrr�ssion of the City of Arroyo Grande has considered an application by Charles Daster and Carlen Landeck for a Liquor and Delicatessen Store at 320 E. Branch Street in the CBD, Central Business District; and W�IFR,EAS, the Planning Corrmission has found that this project is consistent wIth the General Plan and environmental documents associated therewith; and WHEREAS, the Planning Corrmis,�ion has reviewed the project in compliance with the California Environmental Quality Act and has detetmined that a mitigated negative declaration can be adopted and instructs the Secretary to file a Notice of Deterrnination; and WHER.EAS, the Planning C',orrYrnssion finds, after due study, deliberation and public hearing, the following circurr�stances exlst: 1. The proposed tse is consistent wIth the General Plants statement and intent as outlined in the CBD zone and the Parks and Recreation Flement. 2. The proposed tse is consistent with the zoning designation as outlined in the CBD zone. 3. The site is adequate in shape or size for the proposed use, as it can meet all the setback and parking requirements. - 4. The site doFS have adequate acc�sss pursuant to the Planning Cormussion approval of Architectural Review Case No. ?9-204. 5. The proposed use will �o have an adverse effect on the tse of surrounding property because appropriate conditions regarding loading zones, environmental issues, lighting and signage have been incorporated into the msolution of approval. 6. The design and ]gyout of the proposed use is suitable because adequate provisions for setbacks, access and circulation have been incorporated into the project design. Specifically, the applicants have enlarged the existing parldng lot to significantly imp�ove access and circulation. 7• �e proposed use will �o have a significant adverse impact rn the environment, including fish, wildlife or their habitat, because mitigation measures have been incotporated into the conditions of apProval for the project. . 8. �e proposed �e wlll p,�be injurlous or detrimental to property and improvements in the neighborhood or the general welfare of the City. . 9• �7�e establistment, maintenance, or operation of the proposed use will qo�be detrimental to the health, safety, comfort and general welfare of persons residing or worldng in the neighborhood of the proposed use, NOW, THF.REFORE, B� 1T R,ESpLVED that the Planning Conmission of the City of Arroyo Grande hereby approves said (bnditional Use Pernut, subject to appropriate standard conditions of the Clty of Arroyo Grande, and the following special conditions: Mitigatlon Measures * 1. A mitigated negative declaration was prepared for this project. All mitigation measures as outlined in the conditions of approval shall be frnplemented and monitored by appropriate City Departments and other responsible agencies. Verificatipn in writing that the mitigation measures have been implemented shall be provided by the monitoring departrnent. * 2. In landscaping the creek bank and surrotmding areas the applicant shall make exel�ive use of native riparian trees, shrubs and ground covers. o'to ' e e t• State Departrnent of Fish and Game � �'�. Prior to final occupancy * 3. The revegetation of the restored parking area at the t�ear of the lot shall be campleted yZo usin� native ripnrian plants. . 117onitorin� �e� State Departrnent of Fish and Game '15�me �rtune: Prior to final occupancy * 4. 'ITie applicant shall clean up and revegetate the top of the bank where illegal dur►ping is currently occurring. o i o�' e tme t: State Departrnent of Fish and Game T�irr�e F�s Prior to �nal occupancy * 5. The applieAnt shall revegetate the degraded portion of the creek bank irrrnediately adjacent to Branch Street. o ito ' DeuAU rtment: State Departrnent of Fish and Geme Tir�r e F� Prior to final occupancy General Coriditions: 6. The applicant shall ascertain and comply with all State, County and City requirements as are applicable to this project. 7. Development sh�ll occur in substantial conformance with the plans presented to the Planning Co�massion at the meeting of Septgnber 5, 1989 and marked "Exhibit A". 8. The applic�nt shall obtain necessary permits from the Department of Fish and Game prior to issuance of building permits. Pfannirg Dep�rtment (',orxlitions: 9. Signs shall be subject to sign petmit requirements as specified in the sign ordinance. 10. A final landscape plan and full eoverage automatic irrigation system plan shall be provided for review and approval, and installed prior to building qecupancy, subject to the approval of the Planning Department and the Parks and Recreation Departrnent. 'I�ee staking, soil preparation and planting det�il shall be shown on the final landscape plan. Water conservation design and mAintenance and drought tollerant landscape planting shall be incorporated whenever feasible into the �nal design of the landscr�pe and irrigation plans for the site. Plans shall be prepared by a licensed landscape architect. 11. All ducts, meters, air conditioning equipment and all other mechanical equipment, whether on the ground or on the structure or elsewhere, shall be reasont�bly screened from public view with mt�terials architecturally compatible with the main structure, and shall be subject to the review and approval of the Planning Departrnent. It is especially important that gas and electric meters be completely screened from public view. 12. All roof mounted equipment shall be screened from view of adjacent property in accordt�nce with the City's Architectural Review Guidelines. All roof mounted equipment whIch generates noise, solid particles, odors, etc., shall cause the objectional material to be directed away fr+om residential properties. All screen designs shall be canpatible with the building and shall be subject to the review and approval of the Planning Departrnent. 13. Prior to issuance of building permits, the applicants shall rec�uest the Parking and'I�affic Coirvrrission to review on-street parking, in front of the building, in order to delineate a "no pnrking" zone for an appropriate distance on either side of the project's aceess way and to delineate the remaining on-street parking in front of the subject building as a loading zone from 7:00 A.M. to 11:00 A.M. 14. All project li�hting shtzll be confined to the project site. 15. If the flag pole is approved, usage of the pole shall be restricted to the display of the flag of the United States of America and the flag of the State of C,�lifornia. Individut�l ma�mtan flag size shall be four (4) feet by six (6) feet. 16. The use of the barbecue shall be limited to the preparation of iterr�s for sale in the tasssociated deli. 17. The use of the barbecue shall be limited to Wednesday through Sunday (exclusive of holidays) between the hours of 10:30 A.M. through 6:30 P.M. 18. Prior to occupancy, the applicant shall provide the City with a dedicated easement or leasehold interest in that area of the project between the top of the creek bank (as delineated on the Planning C'.o►rHrrission approved plans or as located at the bank's 421 intersection with the proposed retaining walls) and the project's easterly and southerly prnperty lines. (�is condition may be modified by the ::.3 Attorney). 19. This conditional use permit shall be reviewed at the first Planning Cam�ission meeting in Septgnber to determine whether there are any public or safety ooncerns due to operation of the liquor store/deli. In the event that there are public or safety concerns which need to be addressed through a public hearIng, the applicant shall request and pay for a public hearing. If the concerns cannot be t^eesolved, the Planning Comrussion may revoke the conditional use petmit. Fyre Departrt�ent Oa�tia�s 20. The Fire Depai�nent shall approve plans for the barbecue facility and review operational procedures prior to construetion. B�u7d'ug Deper�t Uonditin� 21. No tables shall be perrrdtted on the expanded walkway/deck in the rear of the parkirg lot. 22. The applicant shall place and maintain a waste receptical on the ex�anded walkway/deck. On motion by Corrrnissioner Carr, seconded by Ca�rrrr�ssioner Flores, and by the following roll call vote, to wlt: AYLS: Carrrnissioners Flores, NOES: Camiissioner Brandy ABSI'AIN: Corrrnissioner Moore ABSENT: CorrrnissIoner Soto Gallagher, Carr and C�iaim�an Gerrish the foregoing ftesolution was adopted this 5th day of Septernber, 1989. Mary Ellen Leininger Carrr�ission Qerk �J�.: ri� : i