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PC R 04-1925� RESOLUTION NO. 04-1925 � A RESOLUTION OF TFiE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING THAT THE CITY COUNCIL APPROVE AMENDED CONDITIONAL USE PERMIT CASE NO. 04-001, APPLIED FOR BY WELLS FARGO BANK, LOCATED AT 911 RANCHO PARKWAY (FIVE CITIES SHOPPING CENTER, PHASE II) WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Amended Conditional Use Permit Case No. 04-001, filed by Wells Fargo Bank to amend Conditional Use Permit 96-541 by allowing a financial use in Building "J" of the Five Cities Shopping Center; 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 found that this project is categorically exempt under Section 15305 of State CEQA Guidelines; and WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing, the following circumstances exist: FINDINGS FOR APPROVAL Conditional Use Permit Findings: 1. The proposed use is permitted within the Rancho Grande Planned Development (PD 1.2) 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. 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 similar to surrounding uses. 3. The site is suitable for the type and intensity of use or development that is proposed because all the necessary easements, circulation, parking and setbacks would be provided. 4. There are adequate provisions for water, sanitation, and public utilities and services 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 because the proposed project would not create adverse environmental impacts. RESOLUTION NO. 04-1925 ACUP 04-001 PAGE 2 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby recommends that the City Council approve Amended Conditional Use Permit Case No. 04-001, 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 Brown, seconded by Commissioner Arnold, and by the following roll call vote, to wit: AYES: Commissioners Brown, Arnold, Keen, Fowler and Chair Guthrie NOES: None ABSENT: None the foregoing Resolution was adopted this 4 day of May 2004. ATTEST: �, ���a��:�/Il LYN REARDON-SMITH, SECRETARY TO THE COMMISSION TOR RESOLUTION NO. 04-1925 ACUP 04-001 PAGE 3 EXHIBIT "A" CONDITIONS OF APPROVAL AMENDED CONDITIONAL USE PERMIT CASE NO. 04001 AGRA, LLC FIVE CITIES CENTER, PHASE II • ►1 ►1 ► r � • ' ►1 ► � ' _ : 11 ► � This Amendment to Conditional Use Permit 96-541 authorizes a financial institution to occupy Building "J" of the Five Cities Shopping Center (lease space is approximately 4,550 square feet). (�FN AL .ONDITIONS All conditions of approval for Conditional Use Permit 96-541 shall remain in full force and effect as indicated in City Council Resolution 3157 approved on July 9, 1996. 2. The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. 3. The applicant shall comply with all conditions of approval for Amended Conditional Use Permit Case No. 04-001. 4. This application shall automatically expire on rdace of c�t co����i a � n� ova 2oos unless a building permit is issued. Thirty (30) days prior to the expiration of the approval, the applicant may apply for an extension of one (1) year from the original date of expiration. 5. Development shall occur in substantial conformance with the plans presented to the City Council at the meeting of May 25, 2004 and marked Exhibit "B". 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. SPEGIAL GONDITIONS 7. Prior to issuing a Certificate of Occupancy, the applicant shall submit a letter from the property owner (Investec) verifying that the existing trash receptacles within the existing trash enclosure and the proposed frequency of trash pick ups is adequate to accommodate the proposed use in addition to existing uses. RESOLUTION NO. 04-1925 ACUP 04001 PAGE 4 8. The employee parking for Wells Fargo Bank shall be restricted to the extreme southwest corner of the existing parking lot. 9. Prior to issuing a Certificate of Occupancy, the applicant shall submit an exterior lighting plan and site lighting footcandle plan subject to review and approval of the Community Development and Police Departments that complies with Section 16.48.090 of the Development Code. � ► '►� : � '•: ►� ► 10. The project shall comply with the most recent editions of all California Building and Fire Codes, as adopted by the Prior to issuing a Certificate of Occupancy, City of Arroyo Grande. 11. The project shall provide complete compliance with State and Federal disabled access requirements. 12. Prior to issuing a Certificate of Occupancy, all buildings must be fully sprinklered per Building and Fire Department guidelines. 13. Two (2) exits are required from the public area. 14. The vault "structure" shall be independent from existing building structure. 15. Existing fire sprinkler and alarm system shall be revised as required for new construction and occupancy.