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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 � I � EXHIBIT "A" CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 02-011 1156 EAST GRAND AVENUE ���►� ► � ••►, ► � -_: ►, ► 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. f�llll�ll►�f � ► � � ' � : ► � ► 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.