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PC R 07-2037RESOLUTION NO. 07-2037 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE, APPROVING CONDITIONAL USE PERMIT CASE NO. 07-004, APPLIED FOR BY LADERA PLAZA, LLC (MARK LONDON, REPRESENTATIVE), LOCATED AT 1200 EAST GRAND AVENUE WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Conditional Use Permit 07-004, filed by Ladera Plaza, LLC, to allow the operation of periodic arts & crafts shows, including vendors in tents, food, and live amplified entertainment; a local farmers' market & coffee/tea bar with packaged foods from 1-7 days a week; a dance studio; periodic hosting during special events; and indoor tasting and retail sales of beer and wine 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 15303 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 Gateway Mixed-Use district pursuant to the provision of the Development Code section 16.36.030, 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. 2. 3. 4. 5. The proposed use will not impair the integrity and character of the district in which it is to be established or located. The site is suitable for the type and intensity of use or development that is proposed. , There are adequate provisions for water, sanitation, and public utilities and services to ensure the public health and safety. The proposed use will not be detrimental to the public health, safety, or welfare, or RESOLUTION NO. 07-2037 July 17, 2007 PAGE 2 materially injurious to properties and improvements in the vicinity. The proposed use is in line with the Development Code and current uses on the site. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves Conditional Use Permit 07-004, with the above findings and subject to the conditions as set forth in Exhibit "A", attached hereto and incorporated herein by this reference. On motion by Commissioner, seconded by Commissioner, and by the following roll call vote, to wit: AYES: Commissioner Marshall, Chair Ray, and Commissioner Tait NOES: None ABSENT: Commissioner Barneich ABSTAIN: Commissioner Keen the foregoing Resolution was adopted this 17 day of July 2007. ATTEST: I��,��t�.-� KATHY M��IDOZA for L�Y�V REARDON-SMITH, SECRETARY TO THE COMMISSION AS TO COMMUNITY ECTOR RESOLUTION NO. 07-2037 July 17, 2007 PAGE 3 EXHIBIT " A" CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT CASE NO. 07-004 LADERA PLAZA, LLC; 1200 E. GRAND AVENUE • ►I 1l ► � • • ►I ► � ' ! : ►1 ► This approval authorizes the operation of periodic arts & crafts shows, including vendors in tents, food, and live amplified entertainment; a local farmers' market & coffee/tea bar with packaged foods from 1-7 days a week; a dance studio; periodic hosting during special events; and indoor tasting and retail sales of beer and wine 1. The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. 2. Development shall occur in substantial conformance with the plans presented to the Planning Commission at the meeting of July 17, 2007. 3. A minimum of 36 off-street parking spaces shall be provided at all times, either within the existing paved parking lot or supplemented by the unpaved parking area at the rear of the property 4. All conditions of approval shall be subject to review and/or revision after a period of six (6) months from the date of approval, which shall occur on January 17, 2008. 5. A complete Parking Improvement Plan shall be submitted to the Community Development Department by January 17, 2008, should the applicant choose to continue hosting outdoor events after this date. 6. 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. ' � RESOLUTION NO. 07-2037 July 17, 2007 PAGE 4 : � ► e�:�yI:T�T�J_���►��ly►��� 7. Two (2) of the existing off-street parking spaces shall be dedicated and clearly marked as handicapped parking, according to current City standards. 8. The applicant shall provide one (1) 2:A 10 BC fire extinguisher for every 15 outdoor booths. f'l�T�T - � - - '' - :__► - i_ _�ii 9. No tasting or sales of alcoholic beverages shall occur during the hosting of outdoor events