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PC R 94-1493RESOLUTION NO. 94-1493 1 � 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. � 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 N 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 ,; 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