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PC R 97-1638RESOLUTION NO. 97-1638 A RESOLUTION OF THE PLANNING COMMISSION OF THE CtTY OF ARROYO GRANDE RECOMMENDING THAT THE CITY COUNCIL ADOPT A NEGATIVE DECLARATION, INSTRUCT THE SECRETARY TO FILE A NOTICE OF DETERMINATION, AND APPROVE AMENDMENT #1 OF CONDITIONAL USE PERMIT CASE NO. 84-368, APPLIED FOR BY OAK PARK FOURSQUARE CHURCH, LOCATED AT 900 NORTH OAK PARK BOULEVARD WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Amendment #1 of Conditional Use Permit Case No. 84-368, filed by Oak Park Foursquare Church, to allow a preschool and elementary school within an existing church; 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 fo 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 or the district in which it is to be established or located. 3. The site is suitable for the type and intensity of use or development that is proposed. 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. 97-1638 Amendment #1 of Conditional Use Permit Case No. 84-368 Oak Park Foursquare Church November 4, 1997 Page 2 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 Amendment #1 of Conditional Use Permit Case No. 84368. 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. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby recommends that the City Council adopts a negative declaration, instructs the Secretary to file a Notice of Determination, and approves Amendment #1 of Conditional Use Permit Case No. 84-368, with the above findings and subject to the conditions of approval as set forth in Attachment "A", attached hereto and incorporated herein by this reference. On motion by Commissioner Haney, seconded by Commissioner Greene, and by the following roll call vote, to wit: AYES: Commissioners Haney, Greene, O'Donnell and Lubin NOES: None ABSENT: Commissioner Rondeau the foregoing Resolution was adopted this 4th day of November, 1997. ATTEST: . � Pearl L. Phinney, Commissio Clerk AS TO CONTENT: � -' Doreen iberto-Blanck, AICP Community Development Director d� � Resolution No. 97-1638 ATTACHMENT "A" CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT AMENDMENT CASE NO. 84-368 Oak Park Foursquare Church 900 North Oak Park Boulevard COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS This approval authorizes an Amendment to Conditional Use Permit Case No. 84386 allowing the operation of a preschool and elementary school within an existing church facility 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. 84-368 Amendment. 3. This application shall automatically expire on November 4, 1999 unless class is held. 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. The applicant shall agree to defend at his/her sole expense any action brought against the City, its present or former agents, officers, or emptoyees 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 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. 5. All lighting shall be shielded and directed downward so as not to create glare on_adjacent properties. ' DEVEEOPMENT CODE � � 6. Develop,ment shall cor�form with the PD 1.1 zoning requirements except as A, otherwise approved. SPEC/AL COND/T/ONS ' .� 7. � All conditions of approval contained in Resolution 86-1071 shall remain in full force and effect (reference Exhibit "A"). All school buses and vans shall be parked on the south end of the parking lot. -1- Resolution No. 97-1638 BUILDING AND FIRE DEPARTMENT CONDITIONS SPEC/AL COND/T/ONS 9. Prior to December 15, 1997, the applicant shall provide certification of the fire alarm system. Failure to comply with this condition by December 15, 1997 will result in this matter returning to the City Council for further action. PUBLIC WORKS DEPARTMENT CONDITIONS SPEC/AL COND/T/ONS 10. P�ior to December 15, 1997, the church shall complete the Grading Permit requirements as outlined in the letter dated June 17, 1996 attached as Exhibit "B". Failure to comply with this condition by December 15, 1997 will result in this matter returning to the City Council for further action. � � � � -2-