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PC R 09-2081RESOLUTION NO. 09-2081 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE, APPROVING CONDITIONAL USE PERMIT 09-001, APPLIED FOR BY BENITEZ ENTERPRISES, INC (BURRITO LOCO), LOCATED AT 922 RANCHO PARKWAY WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Conditional Use Permit 09-001 for the sale of distilled spirits secondary to the existing restaurant use; 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. Restaurants and the sale of alcohol are permitted uses within the Regional Commercial zoning district with fhe approval of a Conditional Use Permit. The use is consistent with policy LU7-2 of the 2001 General Plan, which states that the regional Commercial zone shall provide for retail and service businesses serving the regional population. 2. The proposed use would not impair the integrity and character of the district in which it is to be established or located. The sale of disfilled spirits secondary to a restaurant use would not impair fhe integrity and character of the district due to its small sca/e and similarity to other food and beverage esfablishmenfs in the Five Cities Center. RESOLUTION NO. 09-2081 CONDITIONAL USE PERMIT CASE NO. 09-001 APRIL 21, 2009 PAGE 2 3. The site is suitable for the type and intensity of use or development that is proposed The existing shopping cenfer is approximately 40 acres in area and developed with retail buildings and adequate parking facilities. 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 shopping center that is served by public utilities including water, electricity, sanitary sewer and natural gas 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 serving of distilled spirits secondary to an established restaurant use 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 and restrictions related to the hours of operafion, the floor plan of the restaurant and the secondary nature of the alcohol sa/es. These conditions will assure that the uses will be harmonious with the neighborhood's desirable character and consistent with the goals, objecfives and policies of the General Plan. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves Conditional Use Permit 09-001, 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 Brown, seconded by Commissioner Barneich, 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 21 st day of April, 2009. RESOLUTION NO. 09-2081 CONDITIONAL USE PERMIT CASE NO. 09-001 APRIL 21, 2009 PAGE 3 ATTEST: . ��!����� - �-- � L N REARDON-SMITH, SECRETARY TO THE COMMISSION AS TO CONTENT: � �. RO TRO G; �.. COMMUNITY DEVE PMENT DIRECTOR RESOLUTION NO. 09-2081 CONDITIONAL USE PERMIT CASE NO. 09-001 APRIL 21, 2009 PAGE 4 EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 09-001 SALES OF DISTILLED SPIRITS SECONDARY TO AN ESTISTING RESTAURANT USE COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS This approval authorizes the establishment of the sale of distilled spirits secondary to an existing restaurant use. The restaurant and associated alcohol sales shall be operated seven days per week from 10:00 am to 9:00 pm 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 including conditions and restrictions developed by the California Department of Alcohol and Beverage Control. � 3 Full meal service is required at all times during the service of alcohol. The existing floor plan shall remain unchanged from existing conditions. 4. Any substantial change related to the restaurant o additional hours of operation must be approved Community Development Department review process. 5 L 7 r alcohol sales including through the appropriate The use must conform to performance standards as stated in Municipal Code Section 16.48.120. The applicant shall comply with all conditions of approval for Conditional use Permit Case No. 09-001. Development shall occur in substantial conformance with the documents filed with the Community Development Department. 8. 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. � �