PC R 94-1493RESOLUTION NO. 94-1493
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A RT,SOLUTION Or TI�E FLANNING COMMISSION OF
THE CITY OF ARROYO GRANDE APPROVING
CONDITIONAL USE PERMIT CASE NO. 94-527, TO
ALLOW LOPEZ CONTINUATION HIGH SCHOOL TO �
OPERATE A SPECIAL START PROGRAM WHICH
ADDRESSI:S T'HE NEEDS OF T�EIVAGE ACADEMIC AND
PARENTING PROGRAM (TAP) AT 227 BRIDGE STREET,
APPLIED TOR BY LUCIA MAR UNIFI�D SCHOOL
I�ISTRICT; AllOPTION OF A NEGATIVE DECLARATION
AND INSTRUCTION THAT TI-IE SECRETARY FILE A
NOTICE OF DET�RMINATION
WHEREAS, the Planning Commission of the City of Arroyo Grande has considered
Conditional Use Permit Case No. 94-527, filed by Lucia Mar Unified School District, to operate
a Special Start Program which addresses the needs of Teenage Academic and Parenting Pzogram
(TAP), in the Village Commercial Zone; and
WHEREAS, the Planning Commission has held a public hearing on this application in
accordance witt� the 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, tt�e Planning Commission has reviewed this project in compliance with the
California Environmental Quality Act (CEQA) and has determined that a Negative Declaration
can be adopted, and instructs the Secretary to file a Notice of Determination; and
WI-IEREAS, the Planning Commission finds, after due study, deliberation and public
hearing, tl�e following circumstances exist:
Condit.ional Use Permit Findings:
1. The proposed use is permitted within the subject district pursuant to tlie 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 tl�e integrity and character or the district in wliicli it
is to be established or located.
3. Ttie site is suitable for tt�e 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. Tl�e proposed use will not Ue detrimental tv the public health, safety, or welfare, or
materially injurious to properties and improvements it� the vicinity.
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Resolution No. 94-1493
ConditionAl Use Permit Case No. 94-527.
Lucia Mar UniCed School District
November 15, 1994
Page Two
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. 94-527.
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 tf�e wildlife depends as a result of development of this
project.
NOW, T�IEREFORE, BE IT RESOLVED that the Planning Commission of the City
of Arroyo Grande hereby approves said conditional use permit and the associated architectural
review, subject to the standard conditions of the City and those conditions listed below:
Conditions of Approval
1. The applicant shall ascertain and comply with all State, County and City requirements
as are applicable to this project.
2. Development shall occur in substantial conformance with the plans marked "Exhibit A",
and the conditions of approval approved by the Planning Commission at the meeting of
November 15, 1994.
3. The applicant shall agree to defend at his/her sole expense any action brought against the
City, its agents, officers, or employees because of the issuance of said approval, 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 fees 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 this own expense in the
defense of any such action but such participation shall not relieve applicant of his/her
obligations under this condition.
4. All construction shall utilize fixtures and designs which minimize water usage. Such
fixtures and designs shall include, but are not limited to, low flow shower heads, water
saving toilets, instant water heaters or hot water recirculating systems and so forth. All
fixtures shall be installed prior to final occupancy.
Resolution No. 94-1493
Condition�l Use Permit Case No. 94-527
Lucia Mar Unitied School District
NovemUer 15, 1994
Page Three
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5. This conditional use permit shall automatically expire on August 18, 1996. Thirty (30)
days priur to expiration, tl�e applicants may apply for an extension of the permit.
Extensiori of tl�e permit shall be subject to new conditions of approval and a new public
hearing. With tlle application for extension the applicant shall supply names and
addresses of property owners within 300 feet of the boundaries of the project and
sufficient funds to pay for mailing notices and advertizing the public hearing.
Sa. Six (6) montlis after the issuance of tlie Conditional Use Permit or June 1995, whic}iever
is sooner, Lopez Continuation School and the TAP sl�all be reviewed by the Planning
Commission for noise, loitering, crime, trash and other neighborhood concerns. A
public hearing shall be required and tlie applicant shall submit funds to cvver the cost of
the public hearing. The applicant sl�all also submit a current rnailing list of property
owners and local addresses that are within 300 feet of the school site.
Planning Department Conditions
6. Developnnent shall conforrn witl� ti�e VC-D-2.4 zoning requirements unless otherwise
approved.
7. Signage shall be subject to the requirements of Chapter 9-13 of the Development Code.
8. Restroom facilities sl�all comply with tl�e applicable provisions of tl�e American
Disabilities Act (ADA).
9. A total of 40 bike racks shall Ue provided, prior to final occupancy. Before installing
the bike racks, the applicant st�all receive approval of location(s) by the City Planning
Department.
10. The hours vf operation shall remain the sarne as the original approval of the Conditional
Use Permit (8:00 AM - 3:30 PM).
11. A maximum of 20 infants/toddlers shall be permitted in the building under the program,
at any one time.
12. There shall not be more than 8 classrooms and 2 offices in use.
k�ire and Building Depai-tmeiit Conditious �
13. All construction must cvmply with the latest version of the California Building Code and
related publications along with the Uniform Fire Code.
14. Prior to issuance of a building permit, tl�e structure must be certified by a California
licensed structural engineer, so as to insure that no substantial slructural hazards exist
(Govt. Code Sec. 39141.11-b-1).
Resolution No. 94-1493
Conditional Use Permit Case No. 94-527
Lucia Mar Uui�ed School District '
November 15, 1994
Page Four
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Public Works Bep�i�t�nent Conditions
15. Any improvement plans shall Ue prepared by a registered civil engineer, licensed in the
State of California, and shall be �pproved by the Public Works Director prior to issuance
of any City Permits. As required, the plan submittal shall include construction cost
estimates, and all otlier pertinent engineering design calculations.
16. "Standard Specifications for Public Works Construction", latest edition, and the latest
edition of the "Standard Plans for Public Works Construction", as amended by the City,
shall be the project specifications, except as noted otlierwise on the approved
improvement plans.
17. The applicant shall replace all lifted, cracked or otherwise damaged curb, gutter and/or
sidewalk along tl�e project frontage of Bridge Street prior to final inspection of proposed
building improvements.
18. Tlie applicant shall remove A.C. berm acljacent to tlie sidewalk in front of tl�e classroom
facility and shall pave the area.
On motion of Commissioner Deviny, seconded by Commissioner Tappan, and by the
following roll call vote, to wit:
AYFS: Commissioners Tappan, Carr, Deviny and Chairperson Keen
NOFS: None
ABSENT: Commissioners Soto and Hatchett
the foregoing Resolution was adopted tl�is 15th day of November, 1994.
ATTES'T:
Nancy Bro , Commission Clerk
Jo Keen, Ch ' efson