Loading...
PC R 97-1646RESOLUTION NO. 97-1646 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE ADOPTING A NEGATIVE DECLARATION, INSTRUCTING THE SECRETARY TO FILE A NOTICE OF DETERMINATION, AND APPROVING CONDITIONAL USE PERMIT CASE NO. 97-562, APPLIED FOR BY VALLEY VIEW ACADEMY, AT 230 VERNON STREET WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Conditional Use Permit Case No. 97-562, filed by Valley View Academy, to add three (3) modular classrooms at the existing school and increase enrollment to 175 students; and WHEREAS, the Planning Commission has held a public hearing on this application in accordance with City Code; and WHEREAS, the Planning Commission has found that this project is consistent with the General Plan and the environmental documents associated therewith; and WHEREAS, the Planning Commission has reviewed the draft negative declaration under the provisions of the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the Arroyo Grande Rules and Procedures for Implementation to CEQA; and WHEREAS, the Planning Commission finds after due study, deliberation and public � hearing, the following circumstances exist: Conditional Use Permit Findings: 1. The proposed use is permitted within the subject district 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 because the buildings are adequately. setback from the adjacent residences and landscaping would be i�stalled to buffer potential visual impacts. 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. Resolution No. 97-1646 Conditional Use Permit Case No. 97-562 Valley View Academy; 230 Vernon Street December 16, 1997 Page 2 of 3 Architectural Review Findings: 1. The 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 residing or working in the neighborhood of the proposed project. 4. The general appearance of the proposed modulars are in keeping with the character of the neighborhood because they are adequately setback from property lines, similar in size to single family residences, and the existing and proposed landscaping will buffer the appearance from the surrounding neighborhood. � fi: The proposal is not detrimental to the orderly and harmonious development of the City. 6. ��� The proposal will 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. 97-562. � 2.. Based on the initial study, a negative declaration was drafted for public review. 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. Resolution No. 97-1646 Conditional Use Permit Case No. 97-562 Valley View Academy, 230 Vernon Street December 16, 1997 Page 3 of 3 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby adopts a negative declaration, instructs the Secretary to file a Notice of Determination, and approves Conditional Use Permit Case No. 97-562, with the above findings and subject to the conditions as set forth in Attachment "A", attached hereto and incorporated.herein by this reference. On motion by Commissioner 0'Donnell, seconded by Commissioner Greene, and by the following roll eall vote, to wit: AYES: Commissioners 0'Donnell, Greene, Rondeau, Haney, and Lubin NOES: None - ABSENT: None the foregoing Resolution was adopted this 16th day of December, 1997. ATTEST: � . ' Pearl L. Phinney, Commis n Clerk TO CONTENT: ��� Doree'r� AICP Community Development Director � Resolution No. 97-1646 ATTACHMENT "A" CONDITIONS .OF APPROVAL CONDITIONAL USE PERMIT AMENDMENT CASE NO. 97-562 Valley View Academy . 230 Vernon Street COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS This approval authorizes the operation of an existing elementary and high school and the addition of three (3) permanent modular classrooms totaling 4,320 square feet with a maximum enrollment of 175 students. � 1. 2 The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. The applicant shall comply with all conditions of approval for Conditional Use Permit Case No. 97-562. This application shall automatically expire on December 16, 1999 unless a building permit is issued for the placement of a modular classroom. If the Conditional Use Permit is exercised by placing a modular classroom on-site, the applicant shall have five additional years to place the remaining modulars on the site. 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. 4. Development shall occur in substantial conformance with the plans presented to the Planning Commission at the meeting of December 16, 1997 and marked Exhibit "A". 5. 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 attornejr'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. � . 6. All lighting shall be shielded and directed downward so as not to create glare on adjacent properties. � . NOISE 7. Construction shall be limited to between the hours of 7am and 10pm Monday through Friday and between 8am and 5pm on Saturday. Resolution No. 97-1646 DEVELOPMENT CODE 8. Development shail conform to the PF zoning requirements except as otherwise approved. 9. Prior to issuance of a certificate of occupancy, all ducts, meters, air conditioning equipment and all other mechanical equipment, whether on the ground, on the structure or elsewhere, shall be screened from public view with materials architecturally compatible with the main structure. It is especially important that gas and electric meters, electric transformers, and large water piping systems be completely screened from public view. All roof-mounted equipment which generates noise, solid particles, odors, etc. shall cause the objectionable material to be directed away from residential properties. SPEC/AL COND/T/ONS The modulars shall be painted tan or a neutral. color compatible with the existing buildings. - The trees ptanted along the western .property line shall be located near or at the top of the slope to optimize screening of the modulars. All trees shall be planted � prior to occupancy of the first modular. - 12. Prior to issuance of a building permit, a landscaping and irrigation plan shall be submitted for review and approval by the Community Development and Parks and Recreation Departments. The landscaping plan shall include the following: a. Tree staking, soil preparation and planting detail. b. The number, size, and species of all plants. 12a. The HVAC units shall be mounted on the modulars so they are facing away from adjacent residences. BUILDING AND FIRE DEPARTMENT CONDITIONS UBC/UFC 13. Ths project shall comply with the most recent editions of the California State Fire and Buitding Codes and the Uniform Building and Fire Codes as adopted by the City of Arroyo Grande. � FIRE LANES . 14. Prior to issuance of a certificate of occupancy, the applicant shall post designated fire lanes, per Section 22500.1 of the California Vehicle Code. 15. All fire lanes must be posted and enforced, per Police Department and Fire Department guidelines. . FIRE FLOW/FIRE HYDRANTS . 16. Prior to occupancy, the applicant shall demonstrate a fire flow of 1500 gallons per minute for a duration of 2 hours. . Resolution No. 97-1646 SECURITY KEY BOX 7 7. Prior to final Inspection, the applicant shall provide an approved "security key vault," per Building and Fire Department guidelines. FIRE SPRINKLER 18. Prior to occupancy, the applicant shall provide Fire Department approved access or sprinkler system per National Fire Protection Association Standards. SPEC/AL COND/T/ONS 19. Prior to occupancy, the applicant shall provide access to restrooms servicing the modulars in compliance with Title 24. PUBLIC WORKS DEPARTMENT CONDITIONS SPEC/AL COND/T/ONS 20. Prior to occupancy, the applicant shall dedicate a 15-foot wide easement for the exis#ing on-site public water line. No structures shall be located within the easement unless approved by the Public Works Director. 21. Water and sewer connections shall be subject to the approval of the Public Works Director. FEES AND BONDS FOR ALL CITY DEPARTMENTS The applicant shall pay all applicable City fees, including the following: 22. FEES TO BE PAtD PRIOR TO ISSUANCE OF A BUILDING PERMIT: a. Traffic Impact fee, to be based on codes and rates in effect at the time of building permit issuance, in accordance with Ord. 461 C.S., Res. 3021. b. Traffic Signalization fee, to be based on codes and rates in effect at the time of building permit issuance, in accordance with Ord. 346 C.S., Res. 1955. c. Construction Tax, the a.pplicant shall pay a construction tax pursuant to _. Section 3-3.501 of the Arroyo Grande Municipal Code. d. Alarm Fee, to be based on codes and rates in effect at the time of development in accordance with Ord. 435 C.S. � e. Strong Motion Instrumentation Program (SMIP) Fee, to be based on codes and rates in effect at the time of development in accordance with State mandate. f. Building Permit Fee, to be based on codes and rates in effect at the time of development in accordance with Title 8 of the Municipal Code.