Loading...
R 3571 RESOLUTION NO. 3571 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING AMENDED CONDITIONAL USE PERMIT CASE NO. 01-002, APPLIED 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 Permit 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 categorically exempt under Section 15304 of State CEQA Guidelines; and WHEREAS, the City Council finds, after due study, deliberation and public hearing, the following circumstances exist: FINDINGS FOR APPROVAL Conditional Use Pennit Findings: 1. The proposed use is permitted 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 standards of the City. 2. The proposed use will not impair the integrity and character of the district in which it is to be established or located because the proposed use is similar to surrounding uses. 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 services to ensure the public health and safety. 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 because the proposed project would not create adverse environmental impacts. RESOLUTION NO. 3571 PAGE 2 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby approves Amended Conditional Use Permit Case No. 01-002, 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 Lubin, seconded by Council Member Runels, and by the following roll call vote, to wit: AYES: Council Members Lubin, Runels, Dickens, Ferrara and Mayor Lady NOES: None ABSENT: None the foregoing Resolution was adopted this 11 th day of December 2001. RESOLUTION NO. 3571 PAGE 3 MICHAELA.~~ ATTEST: Ua E, ADMINISTRATIVE SERVICES DIRECTOR! DEPUTY CITY CLERK APPROVED AS TO CONTENT: ~;(~ ~'- S VE ADAMS, CITY MANAGER APPROVED AS TO FORM: RESOLUTION NO. 3571 PAGE 4 EXHIBIT "A" CONDITIONS OF APPROVAL AMENDED CONDITIONAL USE PERMIT CASE NO. 01- 002 AGRA, LLC FIVE CITIES CENTER, PHASE II COMMUNITY DEVELOPMENT DEPARTMFNT This Amendment to Conditional Use Permit No. 96-541 authorizes the following modification to the approved site plan as follows: a. Allow up to 1,175 square feet of outdoor patio seating area for Building "M" for a total of twelve (12) tables. GENERAL CONDITIONS 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. All conditions of approval for Amended Conditional Use Permit No. 01-001 shall remain in full force and effect as indicated in City Council Resolution 3553 approved on September 25, 2001 included herein as Exhibit "C" and made a part hereof. 3. The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. 4. The applicant shall comply with all conditions of approval for this Amended Conditional Use Permit Case No. 01-002. 5. This application shall automatically expire on December 11, 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. 6. Development shall occur in substantial conformance with the plans presented to the City Council at the meeting of December 11, 2001 and attached hereto as Exhibit "D". All related site improvement plans shall be revised to be consistent with the amended site plan. 7. 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 RESOLUTION NO. 3571 PAGE 5 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. SPFCIAI CONnlTION 8. The seating capacity between Buildings "K" and "J" shall be limited to seven (7) tables, and the patio area for Building "M" shall be limited to 1,175 square feet and up to twelve (12) tables. RESOLUTION NO. 3571 OFFICIAL CERTIFICATION I, KELLY WETMORE, Director of Administrative ServiceslDeputy 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. 3571 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 11th day of December, 2001. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 18th day of December, 2001. RE, DIRECTOR OF ADMINISTRATIVE SERVICESI DEPUTY CITY CLERK