PC R 10-2111 RESOLUTION N0.10-2111
I N N C MMISSION OF
A RESOLUTION OF THE PLAN I G O
THE CITY OF ARROYO GRANDE RECOMMENDING THE
CITY COUNCIL DENY SPECIFIC PLAN AMENDMENT 10-
001, TENTATIVE PARCEL MAP 10-001 AND
CONDITIONAL USE PERMIT 10-001; LOCATED AT THE
SOUTHWEST CORNER OF EAST GRAND AVENUE AND
SOUTH COURTLAND STREET; APPLIED FOR BY NKT
COMMERCIAL
WHEREAS, the Planning Commission of the City of Arroyo Grande has considered
applications for Specific Plan Amendment 10-001, Tentative Tract Map 10-001 and
Conditional Use Permit 10-001 to amend the Berry Gardens Specific Plan as it relates to
the development of Subareas 3 and 4, subdivide a 4.47-acre property into three lots and
construct a 4,028 square-foot commercial building, a 4,535 square-foot restaurant and a
50,881 square-foot commercial building at a public hearing on September 7, 2010 in
accordance with the Municipal Code of the City of Arroyo Grande; and
WHEREAS, the Planning Commission has reviewed this project in compliance with the
Califomia Environmental Quality Act (CEQA), the State CEQA Guidelines, and the Arroyo
Grande Rules and Procedures for Implementation of CEQA and has reviewed a draft
�� mitigated negative declaration; and
WHEREAS, the Planning Commission finds, after due study, deliberation and public
hearing, the following required findings cannot be made in an affirmative manner:
Specific Plan Amendment Findings: .
1. The proposed Specific Plan Amendment is consistent with the goals,
objectives, policies and programs of the General Plan. �
� The proposed Specific Plan Amendment conflicts with the General Plan;
specifically policies LU 5-2, LU 11-1.2, LU 11-1.3 and 11-2.2 (Land Use
Element).
2. The proposed Specific Plan Amendment will not adversely affect the public
health, safety and welfare or result in an illogical land use pattern; �
The proposed Spec�c Plan Amendment will create an i!logical land use
pattem by allowing a commercia/ building to be placed on the property line
(0 rear yard setback) adjacent to a residential area, which does not provide
an adequate buffer between the two uses, nor does it comply with the
Califomia Fire Code.
3. The proposed Specific Plan Amendment is necessary and desirable in
order to implement the provisions of the General Plan;
The proposed Specific Plan Amendment is neither necessary nor desirable
RESOLUTION NO. 10-2111
SPA 10-001; TPM.10-001; CUP 10-001
OCTOBER 5, 2010 .
PAGE 2 of 3
� to implement the provisions of fhe General Plan, as it does not require
development to inc/ude an adequate buffer area between the commercial
and residentia/ areas, nor does it require the incorporation of design
elements as required by the East Grand Avenue Enhancement Plan and
Design Guidelines and Standards for Mixed-Use Districts.
4. The development standards contained in the proposed Specific Plan
Amendment will result in a superior development to that which would occur
using standard zoning and development regulations.
The development standards contained in the proposed Specific Plan
Amendment would not resulf in a superior development to that which
would occur using standard zoning and development regulations as it
does not provide an adequate buffer between commercial and residential
uses.
Conditional Use Permit Findings:
1. The proposed use would not impair the integrity and character of the
district in which it is to be established or located.
The proposed use would impair the infegrity and character of the Gateway
Mixed-Use (GMU) zoning district as it is not consistent with adjacent
development wifh regard to mass and scale.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Arroyo Grande hereby recommends the City Council deny Specific Plan Amendment 10-
001, Tentative Parcel Map 10-001 and Conditional Use PeRnit 10-001 based on the
inability to make the above findings in an affirmative manner. _
On motion by Commissioner Barnreich, seconded by Commissioner Ruth, and by the
following roll call vote, to wit:
AYES: Commissioners Barnreich, Ruth and Brown
NOES: Commissioners Keen and Martin
ABSENT: .
the foregoing Resolution was adopted this 5th day of October, 2010.
RESOLUTION NO. 10-2111
SPA 10-001; TPM 10-001; CUP 10-001
OCTOBER 5, 2010
PAGE 3 of 3
ATTEST:
1�� � � _
DEBBIE WEICHINGER, TIM BRO , CHAIR
SECRETARY TO THE COMMISSION
AS TO CONTENT: �
�,. V V L � V
TERESA MCCLIS '
COMMUNITY DE LOPMENT DIRECTOR