PC R 03-1863RESOLUTION NO. 03-1863
A RESOLUTION OF THE CITY OF ARROYO GRANDE
PLANNING COMMISSION APPROVING CONDITIONAL
USE PERMIT 02-011, LOCATED AT 1156 GRAND
AVENUE, APPLIED FOR BY AARON BULL
WHEREAS, the applicant has filed for Conditional Use Permit 02-01 1 to add a drive-
through window and parking lot improvements to an existing coffee shop; and
WHEREAS, the Planning Commission of the City of Arroyo Grande has considered
Conditional Use Permit 02-011 at a public hearing on March 18, 2003 in accordance with
the Development Code of the City of Arroyo Grande; and
WHEREAS, the Planning Commission has found that this project is consistent with
the City's General Plan and Development Code; 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 per Section 15301 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 conditionally permitted within the subject district pursuant
to the provisions of 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.
3. The site is suitable for the type and intensity of use or development that is
proposed.
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.
RESOLUTION P10. 03-1863
CUP 02-011
PAGE20F4
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Arroyo Grande hereby recommends that the City Council approve Conditional Use Permit
02-011, 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: Commissioner's Brown, Arnold, Fowler, Guthrie and Vice Chair Keen
NOES: None
ABSENT: None
the foregoing Resolution was adopted this 18 day of March, 2003.
ATTEST: .
�i !� �
LYN ARDON-SMITH,
COMMISSION CLERK
�S TO CON�ENT:
�
J N KEEN, V -CHAIR
ROB ST�ONG,
COMMUNITY DEVELOP NT DIRECTOR
RESOLUTION NO. 03-1863
CUP 02-011
PAGE30F4
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EXHIBIT "A"
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT 02-011
1156 EAST GRAND AVENUE
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GFNERAL GONDITIONS
This approval authorizes the addition of a drive-through window and parking lot
improvements to the existing coffee shop located at 1156 Grand Avenue
1. 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 02-011.
3. This application shall automatically expire on March 18, 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 its meeting of March 18, 2003 marked Exhibit "B".
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.
6. Construction shall be limited to between the hours of 8:00 a.m. and 6:00 p.m.
Monday through Saturday. No construction shall occur on Sunday.
7. Development shall conform to the General Commercial (GC) zoning requirements
except as otherwise approved.
8. This Conditional Use Permit shall be subject to review by the Planning
Commission at the end of five (5) years from the date of approval. At any time, the
Planning Commission may modify existing conditions or impose new conditions to
RESOLUTION NO. 03-1863
CUP 02-011
PAGE40F4
protect the public health, safety and general welfare, as deemed necessary by the
Commission.
9. This project shall be subject to review by the Planning Commission one year from
the date of approval, March 18, 2004.
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10. The applicant shall obtain all necessary building permits from the City prior to
construction.
11. The project shall comply with the most recent editions of the California State Fire
and Building Codes and the Uniform Building and Fire Codes as adopted by the
City of Arroyo Grande.
12. The project shall provide disabled access required by State and Federal law on
all new construction.
PUBLIC WORKS DEPARTMENT
N RA IMPROV M NT R Q 11R MENTS
13. The applicant shall pay all applicable City fees at the time they are due.
14. The developer shall be responsible during construction for cleaning city streets,
curbs, gutters and sidewalks of dirt tracked from the project site. The flushing of
dirt or debris to storm drain or sanitary sewer facilities shall no be permitted. The
cleaning shall be done after each day's work or as directed by the Director of
Public Works.
15. The applicant shall be responsible for obtaining an encroachment permit for
all work within a public right of way.
16. The applicant shall submit plans for improved egress from the site to the
satisfaction of the Director of Public Works.