R 3571
RESOLUTION NO. 3571
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE APPROVING AMENDED
CONDITIONAL USE PERMIT CASE NO. 01-002, APPLIED
FOR BY AGRA, LLC, LOCATED AT FIVE CITIES CENTER,
PHASE II (RANCHO PARKWAY AND WEST BRANCH
STREET)
WHEREAS, the City Council of the City of Arroyo Grande has considered an application
for an amendment to Conditional Use Permit No. 96-541, filed by AGRA, LLC, for a
modification to the approved site plan; and
WHEREAS, the City Council has held a duly noticed public hearing on this application in
accordance with the law; and
WHEREAS, the City Council has found that this project is consistent with the General
Plan and the environmental documents associated therewith; and
WHEREAS, the City Council has found that this project is categorically exempt under
Section 15304 of State CEQA Guidelines; and
WHEREAS, the City Council finds, after due study, deliberation and public hearing, the
following circumstances exist:
FINDINGS FOR APPROVAL
Conditional Use Pennit 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.
RESOLUTION NO. 3571
PAGE 2
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo
Grande hereby approves Amended Conditional Use Permit Case No. 01-002, 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 Council Member Lubin, seconded by Council Member Runels, and by the
following roll call vote, to wit:
AYES: Council Members Lubin, Runels, Dickens, Ferrara and Mayor Lady
NOES: None
ABSENT: None
the foregoing Resolution was adopted this 11 th day of December 2001.
RESOLUTION NO. 3571
PAGE 3
MICHAELA.~~
ATTEST:
Ua
E, ADMINISTRATIVE SERVICES DIRECTOR!
DEPUTY CITY CLERK
APPROVED AS TO CONTENT:
~;(~ ~'-
S VE ADAMS, CITY MANAGER
APPROVED AS TO FORM:
RESOLUTION NO. 3571
PAGE 4
EXHIBIT "A"
CONDITIONS OF APPROVAL
AMENDED CONDITIONAL USE PERMIT CASE NO. 01- 002
AGRA, LLC
FIVE CITIES CENTER, PHASE II
COMMUNITY DEVELOPMENT DEPARTMFNT
This Amendment to Conditional Use Permit No. 96-541 authorizes the following
modification to the approved site plan as follows:
a. Allow up to 1,175 square feet of outdoor patio seating area for Building "M" for a
total of twelve (12) tables.
GENERAL CONDITIONS
1. All conditions of approval for Conditional Use Permit No. 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" and made a part hereof.
2. All conditions of approval for Amended Conditional Use Permit No. 01-001 shall
remain in full force and effect as indicated in City Council Resolution 3553
approved on September 25, 2001 included herein as Exhibit "C" and made a part
hereof.
3. The applicant shall ascertain and comply with all Federal, State, County and City
requirements as are applicable to this project.
4. The applicant shall comply with all conditions of approval for this Amended
Conditional Use Permit Case No. 01-002.
5. This application shall automatically expire on December 11, 2003 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.
6. Development shall occur in substantial conformance with the plans presented to
the City Council at the meeting of December 11, 2001 and attached hereto as
Exhibit "D". All related site improvement plans shall be revised to be consistent
with the amended site plan.
7. 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
RESOLUTION NO. 3571
PAGE 5
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.
SPFCIAI CONnlTION
8. The seating capacity between Buildings "K" and "J" shall be limited to seven (7)
tables, and the patio area for Building "M" shall be limited to 1,175 square feet and
up to twelve (12) tables.
RESOLUTION NO. 3571
OFFICIAL CERTIFICATION
I, KELLY WETMORE, Director of Administrative ServiceslDeputy City Clerk of
the City of Arroyo Grande, County of San Luis Obispo, State of California, do
hereby certify under penalty of perjury, that Resolution No. 3571 is a true, full,
and correct copy of said Resolution passed and adopted at a regular meeting of
the City Council of the City of Arroyo Grande on the 11th day of December, 2001.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 18th
day of December, 2001.
RE, DIRECTOR OF ADMINISTRATIVE SERVICESI
DEPUTY CITY CLERK