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PC R 09-2084RESOLUTION NO. 09-2084 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE, APPROVING CONDITIONAL USE PERMIT 09-003; WINE TASTING ROOM; APPLIED FOR BY NIPOMO WINE GROUP DBA PHANTOM RIVERS WINE, LOCATED AT 211 EAST BRANCH STREET WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Conditional Use Permit 09-003, for the establishment of a wine tasting room to be located at 211 East Branch Street; 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 Findings: 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 sa/e of alcohol is a permitted use within the Village Downtown Core zoning district with the approval of a Conditional Use Permit. The use is consistent with policies LU5-1 and LU5-2 of the 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 wine tasting room is consistent with the surrounding neighborhood, which includes restaurants, retail shops and other alcohol serving establishments. Extended 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 nearest residential unit is over 150 feet away from the proposed business. RESOLUTION NO. 09-2084 CONDITIONAL USE PERMIT CASE NO. 09-003 J U LY 7, 2009 PAG E 2 In addition the performance standards will be consistent with Section 16.48.120 of the Municipal Code 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 accommodate a variety of retail uses. The establishment of a wine bar would be a complementary and compatible related use in the downtown core. 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 wine tasting room 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 uses will be harmonious with the neighborhood's desirable character and consistent with the goals, objectives and policies of the Ger,eral Plan. NOW, THEREFORE, BE IT RESOLVED tr Arroyo Grande hereby approves Conditional and subject to the conditions as set forth in f herein by this reference. at the Planning Commission of the City of Use Permit 09-003, with the above findings xhibit "A", attached hereto and incorporated On a motion by Commissioner Brown, seconded by Commissioner Ruth, and by the following roll call vote, to wit: AYES: Commissioners Brown, Ruth, Barneich, Keen and Chair Ray NOES: None ABSENT: None the foregoing Resolution was adopted this 7th day of July, 2009. � RESOLUTION NO. 09-2084 CONDITIONAL USE PERMIT CASE NO. 09-003 JULY 7, 2009 PAG E 3 ATTEST: ���� r,��;,.r�.,;� DEBORAH WEICHINGER SECRETARY TO THE COMMISSION AS TO CONTE COMMUNITY DEVE�IlOPMENT DIRECTOR CAREN Ft�4Y,'�HAIR RESOLUTION NO. 09-2084 CONDITIONAL USE PERMIT CASE NO. 09-003 J U LY 7, 2009 PAGE 4 EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 09-003 WINE TASTING ROOM COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS This approval authorizes the establishment of a 646 square foot wine tasting room and 394 square foot of porches to be operated during the initial business hours from Wednesday through Sunday 1 1:00 pm — 7:00 pm or valid seven days per week from 11:OOam to 10:OOpm. Associated uses include the serving and selling of wine, merchandise, gifts and the performance of indoor acoustic or low-amplified music. The use is subject to the following conditions of approval. 1. The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. 2. The applicant shall comply with all conditions of approval for Conditional use Permit Case No. 09-003. 3. 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. The applicant shall obtain and comply with all necessary permits from the Department of Building and Fire. 6. The applicant shall comply with all applicable performance standards as listed in Municipal Code Section 16.48.120. 7. The applicant shall comply with all applicable noise standards as listed in Municipal Code Chapter 9.16. 8. The applicant shall comply with all licenses and rules developed by the California Department of Alcoholic Beverage Control. 9. Any substantial change in uses is subject to additional review through the Community Development Department.