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
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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.
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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.
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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.
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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.
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