PC R 08-2075RESOLUTION NO. 08-2075
A RESOLUTION OF THE PLANNING . COMMISSION OF
THE CITY OF ARROYO GRANDE, APPROVING
CONDITIONAL USE PERMIT 08-004 APPLIED FOR BY
GATHER WINE BAR, LOCATED AT 122 EAST BRANCH
STREET
WHEREAS, the Planning Commission of the City of Arroyo Grande has considered
Conditional Use Permit 08-004, for the establishment of a wine bar to be located at 122
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 sale of alcohol is a permitted use within the Village Downtown Core
zoning district wifh 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 bar is consisfent with the surrounding
neighborhood, which includes restauranfs, retail shops and other alcohol
serving establishments. Extended hours of operation do not adversely
impact any adjoining or nearby commercial or residential uses.
RESOLUTION NO. 08-2075
CONDITIONAL USE PERMIT CASE NO. 08-004
DECEMBER 16, 2008
PAGE 2
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 refail uses. The
establishment of a wine bar would be a complementary and compafible
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 thaf is served by public
utilities which are adequate fo 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 bar will not be detrimental fo 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
General Plan.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Arroyo Grande hereby approves Conditional Use Permit 08-004, 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 Tait, seconded by Chair Ray, and by the following roll call
vote, to wit:
AYES: Commissioners Tait, Ray, Keen and Ruth
NOES: None
ABSENT: Commissioner Barneich
the foregoing Resolution was adopted this 16th day of December, 2008.
RESOLUTION NO. 08-2075
CONDITIONAL USE PERMIT CASE NO. 08-004
DECEMBER 16, 2008
PAGE 3
ATTEST:
, /1
� ��� �
LYN REARDON-SMITH,
SECRETARY TO THE COMMISSION
AS TO CONTENT:
W
NT DIRECTOR
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RESOLUTION NO. 08-2075
CONDITIONAL USE PERMIT CASE NO. 08-004
DECEMBER 16, 2008
PAGE 4
EXHIBIT A
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT 08-004
WINE BAR
COMMUNITY DEVELOPMENT DEPARTMENT
GENERAL CONDITIONS
This approval authorizes the establishment of a 1,200 square foot wine bar and
outdoor patio (not to exceed 40 additional seats) to be operated Sunday through
Thursday 4:00 pm - 1 1:00 pm; Friday 4:00 pm - midnight; and Saturday noon -
midnight. Associated uses include the serving of wine, beer, tapas type food and the
performance of acoustic 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. 08-004.
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.