PC R 02-1828RESOLUTION NO. 02-1828
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ARROYO GRANDE APPROVING
CONDITIONAL USE PERMIT CASE NO. 02-002, LOCATED
AT 504 EAST GRAND AVENUE, APPLIED FOR BY
EFRAIN RANGEL AND FABIAN LOPEZ, LA TAPATIA
MARKET AND DELI
WHEREAS, the Planning Commission of the City of Arroyo Grande has considered
Conditional Use Permit Case No. 02-002, filed by Efrain Rangle and Fabian Lopez, to
operate a restaurant inside of an existing market at 504 East Grand Avenue; and
WHEREAS, the property involves conversion of a legally non-conforming former service
station and requires CUP approval pursuant to Section 16.52.170 of the Development
Code for alternative uses; 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 Development Code; and
WHEREAS, the Planning Commission has reviewed this project in compliance with the
California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the Arroyo
Grande Rules and Procedures for Implementation of CEQA and has determined that the
project is categorically exempt according to CEQA Section 15332; 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 Highway Commercial district pursuant to
the provisions of Section 16.36.030 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.
3.
4.
As conditioned, the proposed use will not impair the integrity and character of the
district in which it is to be established or located.
The site is suitable for the type and intensity of use that is proposed.
There are adequate provisions for water, sanitation, and public utilities and
services to ensure the public health and safety.
RESOLUTION NO. 02-1828
CUP 02-002
PAGE20F5
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 any adverse environmental impacts.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Arroyo Grande hereby adopts a Negative Declaration, instructs the Secretary to file a
Notice of Determination, and approves Conditional Use Permit No. 02-002, with the
above findings, and to the conditions 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: Commissioner's Fowler, Guthrie, Keen and Chair Costello
NOES: Commissioner Brown
ABSENT: None
the foregoing Resolution was adopted this 5th day of March, 2002.
ATTEST:
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L N REARDON-SMITH,
COMMISSION CLERK
AS TO CO . ,TENT:
'—' I
ROB ONG, �
COMMUNITY DEVE
DIRECTOR
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EPH M. COSTELLO, CHAIR
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RESOLUTION NO. 02-1828
CUP 02-002
PAGE30F5
EXHIBIT "A"
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT CASE NO. 02-002
LA TAPATIA RESTAURANT
504 EAST GRAND AVENUE
COMMUNITY DEVELOPMENT DEPARTMENT
GENERAL CONDITIONS �
This approval authorizes the operation of a restaurant within an existing market at 504
East Grand Avenue.
The applicant shall comply with the following conditions:
1
2.
The applicant shall ascertain and comply with all Federal, State, County and City
requirements as are applicable to this project.
The applicant shall comply with all conditions of approval for Conditional Use
Permit Case No. 02-002.
3. This application shall automatically expire on March 5, 2003 unless it can be
shown that all conditions of approval are satisfied upon the an inspection to be
conducted by the City's Building and Fire Department.
4. The project shall comply with state requirements for occupancy limits and
accessibility issues.
5. The existing pole ^�' �•�^" °�^^�' ^—� *—�"'*.� °`"" `'� '�"''=:'-=' sign shall be
removed within two years of the date of approval. The applicant shall submit a
sign application prior to installing new signage.
6. The area used for outdoor dining shall not exceed 200 square feet unless more
parking is provided and approved with a Plot Plan Permit.
7. The trash shall be enclosed so that it is effectively screened from public view with
additional fencing or landscaping material in accordance to 16.48.120 of the
Development Code.
8. The project must conform to all Performance Standards in Section 16.48.120 of
the Development Code including those relating to air quality, noise, glare,
hazardous materials and wastes, maintenance of open areas, mechanical and
electrical equipment, and odors.
9. 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
RESOLUTION NO. 02-1828
� CUP 02-002
PAGE 4 OF 5
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.
PARKS, RECREATION AND FACILITIES DEPARTMENT CONDITIONS
10. The applicant shall include City approved street trees in planting areas to match
the site plan submitted by Sanchez-Chew and Associates and included as
Exhibit 61.
BUILDING AND FIRE DEPARTMENT CONDITIONS
11. The project shall comply with
and Building Codes and the
City of Arroyo Grande.
the most recent editions of the California State Fire
Uniform Building and Fire Codes as adopted by the
PUBLIC WORKS DEPARTMENT CONDITIONS
GENERAL IMPROVEMENT REQUIREMENTS
12. The applicant shall pay all applicable City fees at the time they are due.
13. 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.
14. The applicant shall be responsible for obtaining an encroachment permit for all
work within a public right of way.
.
.
16. Applicant shall remove existing driveway ramp on Grand Avenue and install new
City standard driveway ramp and sidewalk.
PRIOR TO ISSUING A BUILDING PERMIT:
17. Applicant shall remove all lot lines, which currently run under the footprint of the
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RESOLUTION NO. 02-1828
CUP 02-002
PAGE50F5
existing building on site. This shall be perFormed by means of a lot merger
18. Prior to acceptance of the improvements, the applicant shall provide reproducible
mylars, 2 sets of prints of the approved record drawings (as builts) and electronic
(e.g. Autocad) files where available.
19. All project improvements shall be constructed within one-year of this approval or
the Conditional Use Permit will be revoked. Required improvements may be
guaranteed by an agreement and financial securities as provided for in Section
16.68.070 of the Development Code.
20. Bonds — The applicant shall provide bonds or other financial security for the
following. All bonds or security shall be in a form acceptable to the City, and shall
be provided prior to recording of the map, unless noted otherwise. The minimum
term of improvement securities shall be equal to the schedule for completion of
improvements described in the subdivision agreement.
a. Faithful Performance, 100°/a of the approved estimated cost of all subdivision
improvements.
b. Labor and Materials, 50% of the approved estimated cost of all subdivision
improvements.
c. One Year Guarantee, 10% of the approved estimated cost of all subdivision
improvements. This bond is required prior to acceptance of the subdivision
improvements.
d. Monumentation, 100% of the estimated cost of setting survey monuments.
21. The portable storage building shall be removed within two years of the date
of approval.
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