R 3011
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RESOLUTION NO. 3011
A RFSOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE UPHOLDING THE PLANNING
COMMISSION'S APPRO V AL OF CONDITIONAL USE
PERMIT NUMBER 93-509 WITH TIlE CONDITIONS AS
SPECIFIED BY THE PLANNING COMMISSION WITH
MODIFICA TIONS MADE BY THE CITY COUNCIL
WHEREAS, On September 7, 1993 the Planning Commission held a public hearing
pursuant to State Law and City Codes on Conditional Use Permit Case Number 93-509; and
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WHEREAS, the Planning Commission approved the Conditional Use Permit upon
finding after due study, deliberation, and public hearing that the following circumstances exist:
1. The proposed use is permitted within the PF zone pursuant to the provisions of 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. The proposed modular classroom will enhance the
educational environment of an existing private school.
3. The site is suitable for the type and intensity of use or development that is proposed.
Adequate setbacks can 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.
"----..- Architectural Review
1. T~e proposal is consistent with the "General Architectural Review Guidelines" for the
City of Arroyo Grande.
2. The proposal is consistent with the text and maps of the Arroyo Grande General Plan,
and the City of Arroyo Grande Development Code.
3. The proposal will not be detrimental to the health, safety, comfort and general welfare
of the persons working in the neighborhood of the proposed project.
4. The general appearance of the proposal is in keeping with the character of the
neighborhood .
5. The proposal is not detrimental to the orderly and harmonious development of the City.
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Resolution No. 3011
October 26, 1993
Page Two
6. The proposal wi]] not impair the desirability of investment or occupation in the
neighborhood .
Department of Fish and Game Required Findings of Exemption
1. The City of Arroyo Grande has prepared an initial study pursuant to Section 15063 of
the Guidelines of the California Environmental Quality Act (CEQA), for Conditional Use
Permit Case No. 93-509.
2. Based on the initial study, a negative declaration drafted for review by the public and
review and approval by the Planning Commission.
3. After holding a public hearing pursuant to State and City Codes, and considering the
record as a whole the Planning Commission adopted the negative declaration and found
that there is no substantial evidence of any significant adverse effect, either individually
or cumulatively on wildlife resources as defined by Section 711.2 of the Fish and Game
Code or on the habitat upon which the wildlife depends as a result of development of this
project.
WHEREAS, As part of said approval, the Planning Commission added condition 2a.,
modified conditions 7, 9, 10, and 11 and deleted conditions 8, 12, and 13; and
WHEREAS, On September 24, 1993, Raymond J. Burnell, on behalf of St. Patrick's
Catholic School, filed an appeal of the Planning Commission's inclusion of conditions of
approval 10 and 11 and asked that said conditions be deleted; and
WHEREAS, The City Council of the City of Arroyo Grande held a duly noticed public
hearing on October 26, 1993 to consider said appeal; and
WHEREAS, After due study, deliberation, and public hearing, the City Council finds
that the following circumstances exist:
1. The findings made by the Planning Commission for approval of said project were
appropriate, which findings are' incorporated herein by reference as the findings of the
City Council on this matter.
2. The Circulation Element of the General Plan, Goal B, Policy D, and Program 4 all
promote pedestrian related improvements including the provision of sidewalks.
3. A specific project implementation of the Circulation Element of the General Plan is to
add and improve sidewalks near public and private schools.
4. To implement the General Plan, Development Code Section 9-15.020 F(2) requires, upon
an application for a building permit, the installation of concrete curbs, gutters, and
sidewalks along the full frontage of the parcel to which the building permit applies.
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Resolution No. 3011
October 26, 1993
Page Three
5. The revisions to conditions 10 and 11 made by the Planning Commission provide ample
time for the school to raise funds to pay for the required improvements, and therefore,
the improvements will not place an unreasonable financial burden on the school.
6. The proposed improvements identified in conditions 10 and 11 are necessary to provide
safe pedestrian access.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo
) Grande hereby upholds the Planning Commission's approval of Conditional Use Permit Case
'---- Number 93-509 with modification of conditions 10 and 11 to read as contained in Exhibit "A".
On motion of Council Member Souza, seconded by Council Member Burke, and by the
following roll call vote, to wit:
A YES: Council Members Souza, Burke and Mayor Pro Tern Moots
NOES: None
ABSENT: Council Member Rrandy and Mayor Gallagher
the foregoing Resolution was adopted this 26th day of October, 1993.
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GENE MOOTS, MAYOR PRO TEM
ATTEST:
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NANCY. A. 'AVIS, CITY CLERK
APPROVED AS TO FORM:
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ROGER C Y
CITY A TIORNEY ,
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! - . RESOLUTION NO. 3011
I, NANCY A. DAVIS, 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 foregoing Resolution No.3011 was
i passed and adopted at a regular meeting of said Council on the 26th
i day of October, 1993.
i
WITNESS my hand and the Seal of the City of Arroyo Grande
affixed this 18th day of November , 1993.
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\ NANCY A. AVIS, CITY CLERK
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