R 4847 RESOLUTION NO. 4847
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE DENYING WITH PREJUDICE
CONDITIONAL USE PERMIT 16-008; LOCATED AT 727 EL
CAMINO REAL; APPLIED FOR BY ELA FOODS, INC.
WHEREAS, the project site is currently vacant, located at 727 El Camino Real, and zoned
Highway Mixed-Use (HMU); and
WHEREAS, the applicant has filed Lot Merger 16-001 and Conditional Use Permit 16-008
for the construction of an approximately 2,650 square foot fast-food restaurant with drive-
thru and associated site improvements; and
WHEREAS, the Architectural Review Committee considered the project on June 19, 2017
and recommended approval with conditions; and
WHEREAS, the Traffic Commission considered the project on August 14, 2017 and
September 18, 2017 and recommended approval with conditions; and
WHEREAS, the Planning Commission considered the project on October 17, 2017 and
February 6, 2018 and recommended approval with conditions; and
WHEREAS, the City Council has reviewed this 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 reviewed the draft Mitigated
Negative Declaration; and
WHEREAS, the City Council reviewed the project at a duly noticed public hearing on
March 27, 2018, and considered all written evidence and oral testimony; and
WHEREAS, the City Council tentatively denied the proposed project and directed staff to
return with appropriate findings for denial; and
WHEREAS, the City Council finds, after due study, deliberation and public hearing, the
following circumstances exist:
Lot Merger Findings:
1. The lot merger is in compliance with the Subdivision Map Act.
Conditional Use Permit Findings:
1. The proposed use is permitted within the subject district pursuant to the
provisions 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.
RESOLUTION NO. 4847
PAGE 2
The proposed fast food restaurant with drive-thru is inconsistent with
Policies LU5-6, LU5-8, and ED5 of the General Plan. This inconsistency
is due to the deleterious effects the proposed use would have on the
adjacent residential neighborhood, which is a result, in part, of traffic
from the uniquely shaped site and the design of required secondary
access leading to necessary restrictions on the adjacent circulation
system. The deleterious effects additionally result from noise from the
proposed use being equivalent to that of a diesel train adjacent to the
residential neighborhood and intensity of the drive-thru use conflicting
with the adjacent neighborhood. Lastly, the proposed use is
inconsistent with the General Plan due to the loss of commercial
continuity of service and retail business sectors of the City as a result
of primarily freeway serving use.
2. 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 fast-food restaurant with drive-thru is proposed on a
vacant commercial parcel zoned HMU located in convenient proximity to US
Highway 101 and would not impair the integrity of the HMU district due to
the intent of the district to provide areas for a variety of visitor-serving and
auto-related uses in areas convenient to both freeway traffic ad vehicles or
pedestrians, including restaurants.
3. The site is suitable for the type and intensity of use or development that is
proposed.
The site and adjacent residential neighborhood are not suitable for the
intensity of use proposed due to the shape of the site for the proposed
use, which requires unique implementation of the requirement for
secondary access that affects the existing circulation system and
requires additional modifications to the circulation system to achieve
compatibility. The site is also located in close proximity to an existing
residential neighborhood and the potential noise generated from the
proposed use, which is equivalent to that of a diesel train, is not a
suitable intensity of use for the site, as it would have deleterious
effects on the area.
4. There are adequate provisions for water, sanitation, and public utilities and
services to ensure public health and safety.
The provisions for water, sanitation, and public utilities were examined
during processing of the entitlement and it was determined that adequate
public services will be available for the proposed project and will not result in
substantially adverse impacts.
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.
The proposed use would be detrimental to the public health, safety,
and welfare, particularly in the immediately adjacent residential
RESOLUTION NO. 4847
PAGE 3
neighborhood, due to site and road configurations that would
necessitate unique implementation of the requirement for secondary
access that affects the existing circulation system, the impact of the
intensity of the drive-thru fast food restaurant in the proposed
configuration, and the potential noise generated from the proposed
use equivalent to that of a diesel train.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing findings, the City
Council of the City of Arroyo Grande hereby denies with prejudice Conditional Use Permit
16-008.
On motion by Council Member Barneich, seconded by Council Member Ray, and by the
following roll call vote, to wit:
AYES: Council Members Barneich, Ray, Harmon, and Mayor Hill
NOES: None
ABSENT: Council Member Brown
the foregoing Resolution was adopted this 10th day of April, 2018
RESOLUTION NO. ybf'7
PAGE 4
JIM ILL, MAYOR
ATTEST:
KELLY T RE, CITY CLERK
APPROVED AS TO CONTENT:
41116
JAMES A AN, CITY MANAGER
APPROVED AS TO FORM:
EATHER K. WHITHAM, CITY ATTORNEY
OFFICIAL CERTIFICATION
I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San Luis
Obispo, State of California, do hereby certify under penalty of perjury, that the attached
Resolution No. 4847 was passed and adopted at a regular meeting of the City Council
of the City of Arroyo Grande on the 10th day of April, 2018.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 12th day of
April, 2018.
, ; ! % Odld11/6-04___
KELLY WE 'M� E, CITY CLERK