R 3553
RESOLUTION NO. 3553
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE APPROVING AMENDED
CONDITIONAL USE PERMIT CASE NO. 01'()()1, APPUED
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 Pennit 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 categoricaUy exempt under
Section 15304 of State CEOA Guidelines; and
WHEREAS, the City Council finds, after due study, deliberation and public hearing, the I
following circumstances exist: i
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FINDINGS FOR APPROVAL
Conditional Use Pennlt Findings:
1. The proposed use is pennitted 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 stendards of I
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the City. I
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2. The proposed use will not impair the integrity and character of the district in which I
it is to be established or located because the proposed use is similar to i
surrounding uses. I
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 I
services to ensure the public health and safety. !
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5. The proposed use will not be detrimental to the public health, safety, or welfare, or I
materially injurious to properties and improvements in the vicinity because the
proposed project would not create adverse environmental impacts. i
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RESOLUTION NO. 3553
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NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo
Grande hereby approves Amended Conditional Use Permit Case No. 01-001, with the
above findings and subject to the conditions as set forth in Exhibit RAR, attached hereto
and incorporated herein by this reference.
On motion by Council Member Lubin, seconded by Council Member Ferrara, and by the
following roll call vote, to wit:
AYES: Council Members Lubin, Ferrara, Dickens, and Mayor Lady
NOES: None
ABSENT: Council Member Runels
the foregoing Resolution was adopted this 25th day of September, 2001.
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RESOLUTION NO. 3553
PAGE 3
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MICHAELA. LADYW
ATTEST:
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ORE, ADMINISTRATIVE SERVICES DIRECTOR!
DEPUTY CITY CLERK
APPROVED AS TO CONTENT:
ST~" c(ry MANAGE~
APPROVED AS TO FORM:
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RESOLUTION NO. 3553
PAGE 4
EXHIBIT "A"
CONDITIONS OF APPROVAL
AMENDED CONDITIONAL USE PERMIT CASE NO. 01.001
AGRA, LLC
FIVE CITIES CENTER, PHASE II I
COMMUNITY nFVl;1 OPMFNT nFPARTMI;NT
This Amendment to Conditional Use Permit No. 96-541 authorizes modifications to the
approved site plan as follows:
a. Change the land use designation of Building L from restaurant to commercial
retail; I
b. Rotate and move Building L to be parallel with Rancho Par1<way and approximately
forty (40') feet closer to West Branch Street; ,
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c. Allow 4,095 square feet of restaurant space in building J;
d. Allow outdoor patio seating areas for Building M, and between Buildings J and K;
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and ,
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e. Decrease the size of Building M from 6,500 square feet to 5,000 square feet. I
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(';FNERAL CONOITION~ I
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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. The applicant shall ascertain and comply with all Federal, State, County and City
requirements as are applicable to this project.
3. The applicant shall comply with all conditions of approval for this Amended
Conditional Use Permit Case No. 01-001.
4. This application shall automatically expire on September 25, 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.
5. Development shall occur in substantial conformance with the plans presented to
the City Council at the meeting of September 25,2001 and attached hereto as
Exhibit "C". All related site improvement plans shall be revised to be consistent
with the amended site plan.
6. 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 altemative, to relinquish such approval. The applicant shall reimburse the
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R SOLUTION NO. 3553
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City, its agents, officers, or employees, for any court costs and attomey'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 I
relieve applicant of hislher obligations under this condition.
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. 7. Prior to Issuance of building permit for Buildings L and M, the applicant shall
submit revised building elevations for review and approval by the Architectural
Review Committee, Planning Commission, and City Council.
8. The seating Clipacity between Buildings K and J shall be limited to 28 persons.
and the patio area for Building M shall be limited to 400 square feet.
9. The screen fencing and landscaping on the bank adjoining St. Patrick's School
and the project site shall be completed per the approved landscape plan, as I
amended per Planning Commission Resolution No. 99-1698 attached hereto as
Exhibit "D', prior to issuing a certificate of occupancy. i
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10. Prior to Issuance of a building permit for buildings Land M, site improvement
plans pertaining to parking and landscaping for Buildings L and M shall be
reviewed and approved by the Community Development Department and Parks
and Recreation Department.
11. Prior to Issuance of a building permit for Building L and M, revised site
improvement plans pertaining to the locations for Buildings L and M, including
grading and utility plans, shall be submitted for the review and approval of the
Public Works Director and the community Devalopment Director.
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RESOLUTION NO. 3553
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OFFICIAL CERTIFICATION
I, KELLY WETMORE, Director of Administrative Services/Deputy 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. 3553 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 25th day of September, 2001.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 28th
day of September, 2001.
TM RE, DIRECTOR OF ADMINISTRATIVE SERVICESI
DEPUTY CITY CLERK
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