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.
�
�