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PC R 10-2098RESOLUTION NO. 10-2098 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE DENY WITHOUT PREJUDICE CONDITIONAL USE PERMIT NO. 09-008 AND ADMINISTRATIVE SIGN PERMIT 09-026; 426 TRAFFIC WAY; OLD ARROYO LIQUORS & MARKET; CHRISTOPHER K. BROWN WHEREAS, the Planning Commission of the City of Arroyo Grande has considered an application for Conditional Use Permit 09-008 and Administrative Sign Permit 09- 026, filed by Christopher K. Brown; and WHEREAS, the Planning Commission has held a public hearing on December 15, 2009 this application in accordance with the City Code; and WHEREAS, as a result of the public hearing on December 15, 2009, the Planning Commission took tentative action to deny the application without prejudice and directed staff to return with an appropriate Resolution; On January 19, 2010 staff returned to the Planning Commission with an appropriate resolution; and WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing, the following findings exist: FINDINGS FOR DENIAL The Planning Commission was unable to make all the findings of fact in an affirmative manner as required by Municipal Code Section 16.16.050.D. These findings of fact are as follows: 1. The proposed use would not impair the integrity and character of the district in which it is to be established or located. Development standards and design guidelines are intended to enhance the specialized mix of uses at the southern gateway to Arroyo Grande which include automobile and small truck sa/es and service, equipment rental, repair and related services, offices, who%sale and retail sales including outdoor display, motels, restaurant, and limited residential uses functioning as live-work units. The proposed location of the liquor store/market and operation of extended hour retail are not consistent with the purpose of the dist�ict as the use does not meet the performance standards of the Municipal Code Section 16.48. 120 which assures that the use shall be ha�monious with the neighborhoods desirable character and goals. RESOLUTION NO. 10-2098 CONDITIONAL USE PERMIT 09-008 ADMINISTRATIVE SIGN PERMIT 09-026 PAGE 2 2. The site is suitable for the type and intensity of use or development that is proposed. The establishment of a liquor store/market wou/d not be a complementary and compatible use in the proposed location. The project establishes a liquor store in c%se proximity to another store that sells beer and wine in an area targeted for economic development enhancements, which cou/d detract from these efforts. Additionally, the establishment of a retail use at the proposed location may increase on-street parking demand in an older developed section of Traffic Way which lacks shared parking and contains previously approved uses with inadequate or no on-site parking. 3. The proposed use will not be detrimental to the public health, safety or welfare or materially injurious to properties and improvements in the vicinity. The proposed liquor store/market will be detrimental to the public health, safety or welfare due to the type of use (liquor store/market). The Municipal Code of the City of Arroyo Grande including compliance with performance standards in Section 16.48. 120 mandates that the proposed use be harmonious with the desired character of the neighborhood and consistent with the goals, objectives and policies of the General Plan. The project establishes liquor sa/es on a site that includes and is immediately adjacent to residential units and has an extended hour retail use on a site that includes and is immediately adjacent to residential units. Additionally the parking provided at the rear of the currently deve%ped parcel may be difficu/t to locate by potential customers and requires patrons to use a narrow pathway between the commercial space and adjacent residential uses. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby denies without prejudice Conditional Use Permit 09-008 and Administrative Sign Permit 09-026, with the above findings hereto and incorporated herein by this reference. On motion by Commissioner Barneich, seconded by Commissioner Ray, and by the following roll call vote, to wit: AYES: Commissioners Barneich, Keen and Chair Ray NOES: None ABSTAIN: Commissioner Ruth ABSENT: Commissioner Brown RESOLUTION NO. 10-2098 CONDITIONAL USE PERMIT 09-008 ADMINISTRATIVE SIGN PERMIT 09-026 PAGE 3 the foregoing Resolution was adopted this 19th day of January, 2010. ATTEST: DEBBIE WEIC INGER CAREN R Y, C AIR SECRETARY TO THE COMMISSION AS TO CONTENT: r TER A MCCLISH DIRECTOR OF COMMUNITY DEVELOPMENT