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PC R 01-1804RESOLUTION NO. 01-1804 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING THAT THE CITY COUNCIL APPROVE AMENDED CONDITIONAL USE PERMIT CASE NO. 01-001, APPLIED FOR BY AGRA, LLC, LOCATED AT FIVE CITIES CENTER, PHASE II (RANCHO PARKWAY WEST BRANCH STREET) WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Amended Conditional Use Permit Case No. 01-001, filed by AGRA, LLC, for a modification to the approved site plan; 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 found that this project is categorically exempt under Section 15304 of State 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 Rancho Grande Planned Development (PD 1.2) pursuant to Section 9-03.050 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. 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. PC Resolution No. 01-1804 Amended Conditional Use Permit No. 01-001 September 18, 2001 Page 2 of 4 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby recommends that the City Council approve Amended Conditional Use Permit Case No. 01-001, 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 Brown, and by the following roll call vote, to wit: AYES: Commissioners Keen, Brown, Fowler, Keen and Chair Costello NOES: None ABSENT: None the foregoing Resolution was adopted this 18 day of September 2001. ATTEST: ��Z�C�� � V V L REARDON-SMITH, COMMISSION CLERK !l J SE H M. COSTELLO, CHAIR AS TO CONTENT: KERRY MCCANTS COMMUNITY DEVELOPMENT DIRECTOR PC Resolution No. 01-1804 Amended Conditional Use Permit No. 01-001 September 18, 2001 Page 3 of 4 EXHIBIT "A" CONDITIONS OF APPROVAL AMENDED CONDITIONAL USE PERMIT CASE NO. 01-001 AGRA, LLC FIVE CITIES CENTER, PHASE II • ►� ►� ► � • • ►� ► � ' ! : ►� ► � This Amendment to Conditional Use Permit 96-541 authorizes modifications to the approved site plan as follows: a. Change the land use designation of Building L from restaurant to commercial retail; b. Rotate and move Building L to be parallel with Rancho Parkway and approximately forty (40' ) feet closer to West Branch Street; c. Allow 4,095 square feet of restaurant space in building J with a designated patio seating area between Buildings J and K; and d. Decrease the size of Building M from 6,500 square feet to 5,000 square feet. ► -� •►� •. 1. All conditions of approval for Conditional Use Permit 96-541 shall remain in full force and effect as indicated in City Council Resolution 3157 approved on July 9, 1996 included herein as Exhibit " B". 2. 3. 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 Amended Conditional Use Permit Case No. 01-001 . 4. This application shall automatically expire on September 25, 2001, 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. 5. Development shall occur in substantial conformance with the plans presented to the City Council at the meeting of September 25, 2001 and marked Exhibit "C". All related site improvement plans shall be revised to be consistent with the amended site plan. 6. 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 PC Resolution No. 01-1804 Amended Conditional Use Permit No. 01-001 September 18, 2001 Page 4 of 4 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. Prior to issuance of building permit for Buildings L and M, the applicant shall submit revised building elevations for review and approval by the Architectural Review Committee, Planning Commission, and City Council. 8. Site improvement plans pertaining to parking and landscaping for Buildings L and M shall be reviewed and approved by the Community Development Department and Parks and Recreation Department. � • � � ►� ► 9. Revised site improvement plans pertaining to the locations for Buildings L and M, including grading and utility plans, shall be submitted for the review and approval of the Public Works Director and tlie community Development Director. �