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PC R 07-2050RESOLUTION NO. 07-2050 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING THE CITY COUNCIL APPROVE AMENDED CONDITIONAL USE PERMIT 07-001; APPLIED FOR BY BRINKER INTERNATIONAL (CHILI'S RESTAURANT), LOCATED AT 991 RANCHO PARKWAY WHEREAS, the City Council of the City of Arroyo Grande approved Amended Conditional Use Permit Case No. 06-004 on December February 25, 2006, to remodel and reestablish "Building M" as a restaurant to include a 940 square foot dining/bar area addition, mechanical/electrical room expansion and exterior modifications including paint, stone veneer, awnings, signs and modified landscaping; and WHEREAS, the Planning Commission of the City of Arroyo Grande has considered an application for Amended Conditional Use Permit Case No. 07-001 filed by Brinker International (Chili's), to utilize the existing 540 square foot patio for customer seating in addition to the changes authorized in Amended Conditional Use Permit 06-004; and WHEREAS, the Planning Commission has held a public hearing on this application in accordance with the 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), the State CEQA Guidelines, and the Arroyo Grande Rules and Procedures for Implementation of CEQA and has determined that a the project is Categorically Exempt per Section 15303 of the CEQA Guidelines; and WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing, the following circumstances exist: FINDINGS FOR APPROVAL Amended Conditional Use Permit Findings: 1. The proposed use is permitted within the Regional Commercial district pursuant to Section 16.16.050 of the Development Code, and complies with all applicable provisions of the Development Code, the goals and objectives of the Arroyo Grande General Plan, and the development policies and standards of the City. The proposed use is consistent with Policy Objective LU7 of the City's Land Use Element, which describes allowed uses within the Regional Commercial (RC) land use category. 2. The proposed use will not impair the integrity and character of the district in which it is to be established or located because the proposed use is 1) similar to other uses in the vicinity, 2) consistent with the Regional Commercial (RC) zoning district and 3) does not conflict with the existing businesses within the Five Cities Center. RESOLUTION NO. 07-2050 PAGE 2 3. The site is suitable for the type and intensity of use proposed because all the necessary easements, circulation, parking and setbacks are provided through existing infrastructure associated with the Five Cities Center development. 4. There are adequate provisions for water, sanitation, and public utilities and services to ensure the public health and safety provided through existing infrastructure associated with the Five Cities Center development. 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 because the proposed project complies with applicable performance standards and development criteria of the Regional Commercial zoning district. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby recommends that the City Council adopt a Resolution approving Amended Conditional Use Permit Case No. 07-001 with the above findings and subject to the conditions as set forth in Exhibit "A", attached hereto and incorporated herein by this reference. On motion by Commissioner Marshall, seconded by Chair Ray, and by the following roll call vote, to wit: AYES: Commissioners Marshall, Ray, Barneich, Keen, and Tait NOES: None ABSENT: None the foregoing Resolution was adopted this 4 day of December 2007. ATTEST: , � � L N REARDON-SMITH, SECRETARY TO THE COMMISSION DIRECTOR AS TO CONTENT: RESOLUTION NO. 07-2050 PAGE 3 EXHIBIT "A" CONDITIONS OF APPROVAL AMENDED CONDITIONAL USE PERMIT CASE NO. 07-001 BRINKER INTERNATIONAL (CHILI'S) 991 RANCHO PARKWAY This approval authorizes the use of the existing 540 square foot patio for customer seating in association with the previously approved Chili's Restaurant. This approval is subject to the following Conditions of Approval. • ii ►i ► � • ' ►� ► � ' : :��►�il���� 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 Amended Conditional Use Permit Case No. 06-004, Planned Sign Program 06-001 and Amended Conditional Use Permit 07-001. 3. Development shall occur in substantial conformance with the plans presented to the Planning Commission at the meeting of December 4, 2007 and marked Attachment 1. 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. BLIILDINC AND FIRE DEPARTMENT 5. Heaters associate with the patio shall be permanent and not portable and shall be plumbed to the restauranYs gas supply to the satisfaction of the Building Official. PLANNINC GOMMI�SION 6. Prior to occupancy, the applicant shall remove the fencing that separates the restaurant site from Trader Joe's and install a split rail fence with two pedestrian openings to the satisfaction of the Community Development Director. 7. The applicant shall paint a crosswalk at the intersection of the entrance of the private circular drive and Rancho Parkway between Chili's and A.G. Edwards.