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PC R 94-1471RESOLUTION NO. 94-1471 A RTSOLUTION OF THE PLANNING COMMISSION OF THE CITY Or ARROYO GRANllE APPROVING CONDITIONAL US� PERMIT CASE NO. 94-518, AT 900 WES'T BRANCH STR�ET; APPLIED FOR BY SAINT PATRICK'S SC�i00L; ADOPTION OF A NEGATIVE DECLARATION AND INSTRUCTION THAT THE SECRETARY FIL� A NOTICE OF D�T�RMINATION. WH�REAS, the Planning Commission of the City of Arroyo Grande has considered Conditional Use Permit Case No. 94-518, filed by Saint Patrick's School, for conversion of an existing chapel and office into a kindergarten and new play area in the Public and Quasi- Public Facility Zone; and WHEREAS, the Planning Commission has held a public hearing on this application in accordance with 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, the 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 WHEREAS, tl�e 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 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 or the district in which it is to be established or located. The proposed conversion will provide for limited expansion of an existing private school. 3. The site is suitable for ti�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. The proposed use will not be detrimental to the public health, safety, or welfare, or materially injurious to properties and i►nprovements in the vicinity. Department of Fish and Game Required Findings of �xemption 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. 94-518. 2. Based on the initial study, a negative declaration drafted for review by the public and review and approval by the Planning Commission. Resolution No. 94-1471 Conditional Use Permit Case No. 94-518 Saint Patrick's School May 17, 1994 Page Two 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 wl�ich the wildlife depends as a result of development of this project. NOW, THER�FOR�, BE IT RI:SOLV�D 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 said conditional use permit, subject to the standard conditions of the City and those conditions listed below: CONDITIONS OF APPROVAL: General Conditions 1. The applicant shall ascertain and comply wilh all State, County and City requirements as are applicable to this project. 2. This application shall automatically expire on May 3, 1996 unless a building permit is issued. Thirty (30) days prior to the expization of the approval, the applicant may apply for an extension of one (1) year from the original date of expiration. 3. Development shall occur in substantial conformance with the plans presented to the Planning Commission at the meeting of May 3, 1994 and marked "Exhibit A". 4. The applicant shall agree to defend at 1�is/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 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 sucl� participation shall not relieve applicant of his/her obligations under this condition. 5. A negative declaration with mitigation measures has been adopted for this project. The following mitigations shall be implemented as conditions of approval and shall be monitored by tlie appropriate City department or other responsible agency. The applicant shall be responsible for verification in writing by the monitoring department or agency that the mit:ig�tion mensures h�ve been implemented. Mitigation Measures 6. All construction shall utilize fixtures and designs which minimize water usage. Such fixtures and designs shall include, but are not limited to, low flow sliower f�eads, water saving toilets, instant water heaters or hot water recirculating systems, drip irrigation with drought tolerant landscaping and etcetera. All fixtures and designs sha(1 be installed prior to issuance of a Certificate of Occupancy. Monitoring Department: -Building Department . Time Frame: Prior to issuance of a Certificate of Occupancy Resolution No. 94-1471 Conditional Use Permit Case No. 94-518 Saint Patrick's School May 17, 1994 Page Three '1. Prior to issuance of a Certificate of Occupancy, the applicant shall pay a Transportation Facilities Impact Fee of One Thousand, Six Hundred, Sixty Six Dollars and Twenty Six Cents ($1666.26). Monitoring Department: Building Department Time Frame: Prior to issuance of a Certificate of Occupancy Planning Department Conditions 8. Development shall conform witli the PF zoning requirements unless otherwise approved. Public Works Department Conditions 9. Curb and gulter shall be installed along the length of the property frontage on West Branch Street. 10. An eight foot (8') wide sidewalk shall be installed along tlie length of the property frontage on West Branch Street. Tire Department Conditions 11. Fire Department access must meet Fire Department guidelines. 12. 13. 14. Provide fire hydrant per Public Works and Fire Department guidelines. Provide fire alarm system for new kindergarten and upgrade system throughout the school to comply with Article 14 of the State Fire Code and the State Building Code, to the satisfaction of the Fire Chief. One hour separation required between the E-2/R-3 occupancies. Parks and Recreation Department Conditions 15. Irrigation and landscape plan to be prepared by a licensed landscape architect utilizing low flow heads, drought tolerant plants, drip irrigation and mulching. 16. Replace Yucca trees being removed with an appropriate small tree or shrub on a 1:1 ratio. On motion of Commissioner Soto, seconded by Commissioner Keen, and on the following roll call vote, to wit: AYES: Commissioners Soto, Reilly, Deviny, Keen and Chairman Carr NOES: None ABSENT: Commissioners Tappan and Hatchett the foregoing Resolution was passed and adopted this 17th day of May, 1994. ATTEST: � . Nancy Brown, mmission Clerk obert W. Carr, Chairman n �