PC R 05-1984RESOLUTION NO. 05-1584
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ARROYO GRANDE DENYING APPEAL 05-007 AND
UPHOLDING THE COMMUNITY DEVELOPMENT DIRECTOR'S
DENIAL OF TEMPORARY USE PERMIT 05-023 FOR A
PROPOSED FOOD CART LOCATED AT 1490 E. GRAND
AVENUE APPLIED FOR BY JAVIER RAMIREZ HERNANDEZ
WHEREAS, the applicant has filed an appeal of the Community Development Director's
denial of Temporary Use Permit 05-007 to allow a food cart at 1490 E. Grand; and
WHEREAS, the Planning Commission of the City of Arroyo Grande has considered
Appeal Case 05-007 at a public hearing on December 20, 2005 in accordance with the
Development Code of the City of Arroyo Grande; and
WHEREAS, the Planning Commission has found that this project is not consistent with
the Development Code due to being unable to make the findings required for granting a
Temporary Use Permit; and
WHEREAS, the Planning Commission finds, after due study, deliberation and public
hearing, the following circumstances exist:
Tem op ra� Llse Permit Findinas
1. The operation of the requested use at the location proposed and within the time
period specified will not jeopardize, endanger, or otherwise constitute a menace to
the public health, safety or general welfare.
Due to the physical site layout of Gill's Liquor and the recent addition of a fuel island
canopy, decorative screen wall and driveways there is not adequafe room for the
proposed food cart and to allow safe circulafion of automobiles and pedesfrians.
2. The proposed site is adequate in size and shape to accommodate the temporary
use without material detriment to the use and enjoyment of other properties located
adjacent to and in the vicinity of the site.
Properties in the vicinity of Grand and Courtland Avenues have recently been
redeveloped with new buildings featuring aesthetically p/easing architecture. In
addition, Gill's Food Mart has also been improved with new painf, awnings, fuel
pump canopy and decorative screen wall. The proposed food cart is relatively large,
boxlike in shape and does not complement the newly established retail environment.
3. The proposed site is adequately served by streets or highways having suffi�cient
width and improvements to accommodate t he kind and quantity of traffic that the
temporary use will or could reasonably be expected to generate.
RESOLUTION NO. 05-1984
PAGE 2
4. Adequate temporary parking to accommodate vehicular traffic to be generated by
the use will be available either on-site or at alternate locations acceptable to the
planning director.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Arroyo Grande hereby denies Temporary Use Permit 05-023 with the above findings.
On motion by Commissioner Fellows, seconded by Commissioner Ray, and by the
following roll call vote, to wit:
AYES: Commissioners Fellows, Ray, Parker, Tait and Chair Brown
NOES: None
ABSENT: None
the foregoing Resolution was adopted this 20 day of December 2005.
ATT T:
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L N REARDON-SMITH,
SECRETARY TO THE COMMISSION
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COMMUNITY DEVEL�PMENT DIRECTOR
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