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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.