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PC R 09-2096RESOLUTION NO. 09-2096 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE, APPROVING CONDITIONAL USE PERMIT 09-007 � ADMINISTRATIVE SIGN PERMIT 09-025; ARROYO GRANDE LIQUOR & MARKET; APPLIED FOR BY BHAJAN SINGH, LOCATED AT 821 EAST GRAND AVENUE WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Conditional Use Permit 09-007 and Administrative Sign Permit 09-025, for the establishment of a Liquor Store/Market to be located at 821 East Grand Avenue. WHEREAS, 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 this project in compliance with the California Environmental Quality Act (CEQA) and has determined that the project is categorically exempt pursuant to Section 15301 of the CEQA Guidelines; and WHEREAS, the Planning Commission finds after due study, deliberation and public hearing, the following circumstances exist: Conditional Use Permit Findinqs: 1. The proposed use is permitted within the subject district pursuant to the provisions of this section and complies with all the applicable provisions of this title, the goals, and objectives of the Arroyo Grande General Plan, and the development policies and standards of the city. The sale of alcohol is a permitted use within the Fair Oaks Mixed Use zoning district with the approval of a Condifional Use Permit. The use is consistent with policies LU5-1 and LU5-2 of fhe 2001 General Plan, which encourages a diversity of retail, service commercial, offices, residential and agriculturally-related businesses within the mixed use zoning districts. 2. The proposed use would not impair the integrity and character of the district in which it is to be established or located. The establishment of a liquor store/market is consistent with the surrounding neighborhood, which includes restaurants, retail shops and ofher alcohol serving establishments. The hours of operation do not adversely impact any adjoining or nearby commercial or residential uses, because commercial uses within the adjoining area are similar in business and the nearesf residential unif is approximately 150 feet away from the RESOLUTION NO. 09-2096 CONDITIONAL USE PERMIT CASE NO. 09-007 ADMINISTRATIVE SIGN PERMIT CASE NO. 09-025 DECEMBER 15, 2009 PAGE 2 proposed business and fronts on South Rena Street. In addition, the use will be required to meet the performance standards of the Municipal Code Section 16.48.120 which assures uses will be harmonious with the neighborhoods desirable character and goals. 3. The site is suitable for the type and intensity of use or development that is proposed. The existing building can accommodafe a variety of retail uses. The establishment of a liquor store/market would be a complementary and compatible use in the Fair Oaks Mixed Use zoning district. 4. There are adequate provisions for water, sanitation, and public utilities and services to ensure public health and safety. The site is developed with a commercial building that is served by public utilities which are adequate 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. The proposed liquor store/market will not be detrimental to the public health, safety or welfare or materially injurious to properties and improvements in the vicinity due to conditions of approval based upon the Municipal Code of the City of Arroyo Grande including performance standards in Section 16.48.120 which assures the use will be harmonious with the neighborhood's desirable character and consistent with the goals, objectives and policies of the General Plan. The use is also subject to regulation by the California Department of Alcohol Beverage Control. Administrative Siqn Permit Findinqs: 1. The proposed sign is consistent with the goals, objectives, policies and programs of the Arroyo Grande general plan and any applicable.design guidelines; The proposed sign meets the development standards of Chapter 16.60 (Signs) of the Municipal Code. a. The sign conforms to Table 16.60.040 A of the Municipal Code with regards to the number of signs, placement of signs, location of signs and total square footage of signs. 2. The proposed sign conforms to applicable performance standards and will not be detrimental to the public health, safety or general welfare; a. The proposed sign meets fhe development standards of Chapter 16.60 of RESOLUTION NO. 09-2096 CONDITIONAL USE PERMIT CASE NO. 09-007 ADMINISTRATIVE SIGN PERMIT CASE NO. 09-025 DECEMBER 15, 2009 � . PAGE 3 fhe Municipal Code and is located outside of the vision triangle. 3. The physical location or placement of the sign is compatible with the surrounding neighborhood. a. The proposed sign is compatible wifh fhe surrounding neighborhood based upon sign type, illumination and placement and will not pose a safety risk due to being constructed and installed according to the California Building Code. b. The sign is located on the site of an established commercial building. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves Conditional Use Permit 09-007 and Administrative Sign Permit 09-025 with the above findings and subject to the conditions as set forth in Exhibit "A", attached hereto and incorporated herein by this reference. On a motion by Commissioner Keen, seconded by Commissioner Brown, and by the following roll call vote, to wit: AYES: Commissioners Keen, Brown, Chair Ray NOES: Commissioner Barneich ABSENT: Commissioner Ruth the foregoing Resolution was adopted this 15th day of December, 2009. �� �u RESOLUTION NO. 09-2096 CONDITIONAL USE PERMIT CASE NO. 09-007 ADMINISTRATIVE SIGN PERMIT CASE NO. 09-025 DECEMBER 15, 2009 PAGE 4 ATTEST: , • ROSEMARY S! �ONS FOR DEBORAH WEICHINGER SECRETARY TO THE COMMISSION AS TO CONTENT: ( ' TERESA c LISH, DIRECTOR OF COMMUNITY DEVELOPMENT RESOLUTION NO. 09-2096 CONDITIONAL USE PERMIT CASE NO. 09-007 ADMINISTRATIVE SIGN PERMIT CASE NO. 09-025 DECEMBER 15, 2009 PAGE 5 EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 09-007 ADMINISTRATIVE SIGN PERMIT 09-025 LIQUOR STORE/MARKET COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONAL USE PERMIT GENERAL CONDITIONS This approval authorizes the establishment of a 2,600 square foot liquor store/market that entails a sales area, storage, office area and restroom. Hours of business operation are seven days a week from 6:00 am to 10:00 pm. An associated use includes the preparation and serving of barbeque foods in a designated barbeque area. The use is subject to the following conditions of approval. 1 2 3 The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. The applicant shall comply with all conditions of approval for Conditional use Permit Case No. 09-007. Development shall occur in substantial conformance with the documents filed with the Community Development Department. 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 employees 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. 5. 6. 7. 8. 9. The applicant shall obtain and comply with all necessary permits from the Department of Building and Fire. The applicant shall comply with all applicable performance standards as listed in Municipal Code Section 16.48.120. The applicant shall comply with all applicable noise standards as listed in Municipal Code Chapter 9.16. The applicant shall comply with all licenses and rules developed by the California Department of Alcoholic Beverage Control. Any substantial change in uses is subject to additional review and approval RESOLUTION NO. 09-2096 CONDITIONAL USE PERMIT CASE NO. 09-007 ADMINISTRATIVE SIGN PERMIT CASE NO. 09-025 DECEMBER 15, 2009 PAGE 6 through the Community Development Department. 10. The applicant shall relocate the gutter downspout away from disabled parking. 11. The applicant shall only store retail merchandise in the storage room. The storage room is not to be used as retail space. 12. Prior to issuance of a building permit the applicant shall provide plans detailing the landscaping, BBQ site and location and seating in the plaza area to the satisfaction of the Director of Community Development. ADMINISTRATIVE SIGN PERMIT GENERAL CONDITIONS 13. The sign shall be constructed and installed in substantial conformance with the plans on file in the Community Development Department. 14. The applicant shall obtain any necessary permits from the City's Building and Fire Department, as determined by the Building Official. 15. The applicant shall resubmit a color board of the proposed sign to the ARC prior to obtaining building permit. 16. The applicant shall ascertain and comply with all State, County and City requirements as are applicable to this project. PLANNING COMMISSION CONDITIONS OF APPROVAL 17. The applicant shall have no vending machines or other related equipment selling merchandise outside of the building. 18. In order to reduce visual cluttering, the applicant shall not have any accessory retail outside of the building. 19. The applicant shall only install approved signs on the outside of the building and include only advertising of products or services in the windows as allowed by the Municipal Code. 20. The barbeque shall be a gas barbeque and not wood or charcoal burning. � ��