PC R 03-1895�
�
RESOLUTION NO. 03-1895
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ARROYO GRANDE APPROVING AMENDED
CONDITIONAL USE PERMIT CASE NO. 03-006, LOCATED
AT 1401 EAST GRAND AVENUE, APPLIED FOR BY E.F.
MOORE & CO. .
WHEREAS, the Planning Commission of the City of Arroyo Grande approved Conditional
Use Permit Case No. 00-019 on March 5, 2002 to construct a new commercial center
totaling 24,932 square feet; and
VVHEREAS, the Planning Commission has considered Amended Conditional Use Permit
Case No. 03-006, filed by E.F. Moore & Co. to modify the plans approved for Conditional
Use Permit Case No. 00-019 by constructing a drive-thru kiosk for Longs Drug Store,
placing patio seating within the front setback area of East Grand Avenue, and reducing
the on-site parking by 16 spaces below Development Code requirements; 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) and has determined that the project is
exempt per section 1511 of the 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 General 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.
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.
j
RESOLUTION NO. 03-1895
PAGE 2
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.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Arroyo Grande hereby approves Amended Conditional Use Permit Case No. 03-006, 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 Keen, seconded by Commissioner Fowler, and by the
following roll call vote, to wit:
AYES: Commissioners Keen,
NOES: Commissioner Arnold
ABSENT: None
Fowler, Brown and Chair Guthrie
the foregoing Resolution was adopted this 19 day of August
ATTEST:
� ,
LY REARDON-SMITH,
COMMISSION CLERK
ES vUTHRIE, CHAIR
AS TO CONTENT:
ROB STRON
COMMUNITY DEVEL PMENT DIRECTOR
RESOLUTION NO. 03-1895
PAGE 3
�
EXHIBIT "A"
CONDITIONS OF APPROVAL
AMENDED CONDITIONAL USE PERMIT CASE NO. 03-006
E.F. Moore & Co.
1401 East Grand Avenue
•I/I/ ► � •'l/ ► � '1: I/ ►
► C: •►� •►
This approval authorizes an amendment to Conditional Use Permit Case No. 00-019 by
constructing a drive-thru kiosk for Longs Drug Store, placing patio seating within the front
setback area along East Grand Avenue, and reducing the required parking to 92 spaces
(includes elimination of 3 spaces for future access to the adjacent commercial property).
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. 00-019 and Amended Conditional Use Permit Case No. 03-006.
3. This application shall automatically expire on August 19, 2005 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.
4. Development shall occur in substantial conformance with the plans presented to
the Planning Commission at the meeting of August 19, 2003, and marked Exhibit
"B". Setbacks, lot coverage, and floor area ratios shall be as shown on the
development plans, except as specifically modified by these conditions.
5. 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.
:
�
7
The four (4) spaces located in front of Building A shall be limited to 20 minute
parking.
Prior to issuance of building permit, the applicant shall submit a revised landscape
plan for the front setback areas.