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PC R 11-2133 RESOLUTION NO. 11-2133 � A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING AMENDED CONDITIONAL USE PERMIT 11-001; LOCATED AT 900 RANCHO PARKWAY; APPLIED FOR BY CHASE BANK WHEREAS, the Planning Commission adopted Resolution No. 10-2114 on October 19, 2010, approving Conditional Use Permit 10-005, which allowed the commercial space at 900 Rancho Parkway to be used as a bank; and WHEREAS, the developer has filed Amended Conditional Use Permit 11-001 to install a drive-through automated teller machine (ATM) at 900 Rancho Parkway; and WHEREAS, the Planning Commission of the City of Arroyo Grande has reviewed the � project at a duly noticed public hearing on June 7, 2011; and WHEREAS, the Planning Commission has reviewed the 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 exempt per Section 15303 of the CEQA Guidelines; and WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing, the following circumstances exist: � Conditi�nal Use Permit Findings: 1. ��he proposed use is permitted within the subject district pursuant to the . �rrovisions of this section and complies with all the applicable provisions of this title, the. goals, and objectives of the Arroyo Grande General Plan, and the development policies and standards of the city. L?rive-through services are conditionally allowed in the Regional Commercial (RC) ?oning district per Municipal Code Section 16.36.030 (A). 2. The proposed use would not impair the integrity and character of the district in which it is to be established or located. Drive-through ATMs are compatible with and complemenfary to shopping center uses. The proposed use will not impair the integrity or character of the Regional . Commercial(RC) zoning disfrict. 3. The site is suitable for the type and intensity of use or development that is proposed. IDrive-through ATMs are an accessory use in shopping centers. The site is large _ . enough fo accommodate the proposed development. RESOLUTION NO. 11-2133 JUNE 7, 2011 PAG E 2 of 4 I � 4. There are adequate provisions for water, sanitation, and public utilities and , services to ensure public health and safety. There will be no impacf to water, sanifation or public facilities. 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. There will be no impact to public health, safety or welfare. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves Amended Conditional Use Permit 11-001 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 Martin, and by the following roll call vote, to wit: AYES: Commissioners Keen and Martin NOES: Commissioner Barneich ABSENT: Commissioners Sperow and Ruth ' the foregoing Resolution was adopted this 7th day of June, 2011. RESOLUTION NO. 11-2133 JUNE 7, 2011 PAGE 3 of 4 ATTEST: - � � . � � ��� � � DEBBIE WEICHINGER KRISTEN VE SECRETARY TO THE COMMISSION ICE CHAIR AS TO CONTENT: c TERES MCCLI� �COMMUNITY DE ELOPMENT DIRECTOR I RESOLUTION NO. 11-2133 JUNE 7, 2011 PAGE 4 of 4 - EXHIBIT `A' CONDITIONS OF APPROVAL AMENDED CONDITIONAL USE PERMIT 11-001 900 RANCHO PARKWAY This approval authorizes the construction of a new drive-through automated teller machine (ATM) in the parking lot located at 900 Rancho Parkway. SPECIAL CONDITIONS: . . . 1. The drive isle adjacent to the entrance to the drive-through ATM shall be delineated as a "DO NOT BLOCK" area. 2. All tree wells shall be over-excavated and backfilled with amended soil. GENERAL CONDITIONS: 3. The developer shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. 4. The developer shall comply with all conditions of approval for Amended - � Conditional Use Permit 11-001. ' 5. Development shall occur in substantial conformance with the plans presented to the Planning Commission at its meeting of June 7, 2011. 6. The developer 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 any way relating to the implementation thereof, or in the alternative, to relinquish such approval. The developer shall reimburse the City, its agents, officers, or employees, for any court costs and attorney's fee's which the City, its agents, ofFcers 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 the developer of his/her obligations under this condition. 7. The project shall comply with the most recent editions of all California Building � and Fire Codes, as adopted by the City of Arroyo Grande.