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R 4062 1 RESOLUTION NO 4062 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING AMENDED CONDITIONAL USE PERMIT 07-001, APPLICANT BRINKER INTERNATIONAL (CHILI'S RESTAURANT), 991 RANCHO PARKWAY WHEREAS the City Council of the City of Arroyo Grande approved Amended Conditional Use Permit Case No 06-004 on December 12 2006, to remodel and reestablish Bwiding M as a restaurant to include a 940 square foot dining/bar area addition mechanical/electrical room expansion and exterior modifications including paint stone veneer, awnings, signs and modified landscaping and WHEREAS, the Planning Commission of the City of Arroyo Grande considered an application for Amended Conditional Use Permit Case No 07-001 filed by Banker International (Chili s) to utilize the existing 540 square foot patio for customer seating in addition to the changes authorized in Amended Conditional Use Permit 06-004 and recommended the City Council approve the application and WHEREAS, the City Council has held a public hearing on this application in accordance with the City Code and WHEREAS, the City Counal has found that this protect is consistent with the General Plan and the environmental documents associated therewith and WHEREAS, the Cdy Counal has reviewed this protect 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 a the protect is Categorically Exempt per Section 15303 of the CEQA Gwdelines and WHEREAS, the City Counal finds after due study deliberation and public hearing the following ercumstances exist FINDINGS FOR APPROVAL Amended Conditional Use Permit Fmdmgs 1 The proposed use is permitted within the Regional Commeraal.distnct pursuant to Section 16 16 050 of the Development Code and complies .with all applicable provisions of the Development Code the goals and obtectives of the Arroyo Grande General Plan and the development pollees and standards of the City The proposed use is consistent with Policy Obtective LU7 of the City's Land Use Element which describes allowed uses within the Regional Commeraal (RC) land use category 2 The proposed use will not impair the integrity and character of the distract in which d is to be established or located because the proposed use is 1) similar to other uses in the vanity, 2) consistent with the Regional Commeraal (RC) zoning district and 3) does not conflict with the existing businesses within the Five Cities Center RESOLUTION NO 4062 PAGE 2 3 The site is suitable for the type and intensity of use proposed because all the necessary easements arculation parking and setbacks are provided through exisbng infrastructure assocated with the Five Cities Center development 4 There are adequate provisions for water sanitation and public utilities and services to ensure the public health and safety provided through existing infrastructure associated with the Froe Cities Center development 5 The proposed use wtll not be detrimental to the public health safety or welfare or materially intunous to properties and improvements in the viarnty because the proposed project complies with applicable performance standards and development criteria of the Regional Commercial zoning district NOW, THEREFORE, BE IT RESOLVED that the City Counal of the City of Arroyo Grande hereby approves Amended Conditional Use Permit Case No 07-001 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 Council Member Costello seconded by Council Member Arnold, and by the following roll call vote to wit AYES Counal Members Costello Arnold Guthrie Fellows and Mayor Ferrara NOES None ABSENT None the foregoing Resolution was adopted this 8~h day of January 2008 RESOLUTION NO "f0~,2. PAGE 3 TONY FE MAYOR ATTEST 0 KELLY W TM RE, CITY CLERK APPROVED AS TO CONTENT STE 1 ADA S, CITY MANAGER APP O ED AS TO FORM ~c r- T THY J CARMEL, CITY ATTORNEY RESOLUTION NO 4062 ' PAGE 4 ExH161T "A" CONDITIONS OF APPROVAL AMENDED CONDITIONAL USE PERMIT CASE NO 07-001 BRINKER INTERNATIONAL (CHILI'S) 991 RANCHO PARKWAY This approval authorizes the use of the existing 540 square foot patio for customer seating in association with the previously approved Chili s Restaurant This approval is subtect to the following Conditions of Approval r'OMM INITY D V OPM NT DEPARTMENT 1 The applicant shall ascertain and comply with all Federal State County and City requirements as are applicable to this protect 2 The applicant shall comply with all conditions of approval for Amended Conditional Use Permit Case No 06-004 Planned Sign Program 06-001 and Amended Conditional Use Permit 07-001 3 Development shall occur in substantial conformance with the plans presented to the Planning Commission at the meeting of December 4 2007 and marked Attachment 1 4 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 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 Rl III DING AND FIRE DEPARTMENT 5 Heaters associate with the patio shall be permanent and not portable and shall be plumbed to the restaurant's gas supply to the satisfaction of the Building Offiaal CITY couNCll 6 Prior to occupancy the applicant and/or Investec shall remove the fencing that separates the restaurant site from Trader Joe s and install a split rail fence with no pedestrian openings to the satisfaction of the Community Development Director 7 Prior to occupancy the applicant and/or Investec shall complete all applicable pedestrian improvements included in the approved Pedestrian Enhancement Plan These improvements include painting a crosswalk at the intersection of the entrance RESOLUTION NO 4062 PAGE 5 of the private arcular dnve and Rancho Parkway between Chili s and A G Edwards, ii installing a sidewalk behind the dumpster area assoaated with Trader Joe s, completing an ADA path of travel near the loading area of Trader Joe's and painting a crosswalk and installing curbing between the parking area for Trader Joe s across from A G Edwards OFFICIAL CERTIFICATION I, KELLY WETMORE, City Clerk of the City of Arroyo Grande County of San Luis Obispo State of Califorrna do hereby certify under penalty of penury that the attached Resolution No 4062 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 8"' day of January 2008 WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 10"' day of January 2008 h~ KELLY ET ORE, CITY CLERK