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PC R 91-13206�� RE.SOLUTION NO. 91- 1320 A RF.SOLUTION OF R� PI�iHIVING CJCY�iISSION OF ZY� CITY OF ARROYO GRANDE APPR(7VING C�O�IVDITIONAL USE PF.RMIT C�SE NO. 90-480, TO USE AN �ISTING SINGLE FAMILY RESIDEiVCE F'OR A MUNTFSSORI PRF�i00L FOR QiILDREN FRCM 2-6 YFAFtS OF AGE, APPLIED FOR BY MIQ�II, P. AND JOYCE J. MILLIIt AT 216 OAK STRF�.T, ADOPTING A N�GATIVE DF7CLAFIATION WITH MITIGATION I�I.S[JRFS AND INSi'AUCTING TI-� SE�.TARY 7�0 FILE A NOTIC,E OF DEl'II2�lINATION Wf�R�FAS, the Planning Conmission of the City of Arroyo Grande has considered an application to use an existing single family residence for a montessori preschool, applied for by Michael P. and Joyce J. Miller at 216 Oak Street in the C-3 Highway CoaTmercial Zone; and WfID�FAS, the Planning Co�rmission has found that this project is consistent with the General Plan and environmental docw�zts associated therewith: and WI�EAS, the PlaiuZing Cc�mission has reviewed the project in coar��liance with the California Fhvironmental Quality Act and has detern�ined that a negative declaration with mitigation measures can be adopted and instructs the secretary to file a Notice of Determination; and �IERFAS, the Planning Corrmission finds, after due study, deliberation and public hearing, the following circtunstances exist: 1. The proposed use is consistent with the general plan. 2. The site is adequate in size and shape for the proposed use because adequate play area, parking and landscaping can be provided to meet city standards. 3. The site for the proposed use has adequate access to Oak Street. 4. The proposed use will not have an adverse effect on the adjacent property. 5. The designz and layout of the proposed use is suitable because all setbacks, parking lot design and pedestrian walks meet the requiremexlts of the zoning ordinance. 6. The project will not have an environrr�e.ntal impact because appropriate mitigation measures have been included in the project approval to mitigate impacts on water resources, noise, and traffic. NC�T. Tf�RE, BE IT RF�OLVID that the Planning. C�rmission of the City of Arroyo Grande hereby adopts a Negative Declaration with mitigation measures, instructs the Clerk to file a Notice of Determination and approves said Conditional Use Permit, subject to appropriate standard conditions of the City of Arroyo Grande, and the following special conditions: OO�iDITI�iS OF APPROVAL: General CarulitiAns 1. The applicant shall ascertain and cocnply with all State, County, and City requirements as are applicable to this project. 2. Developmerit shall occur in substantial conforn�zce with the plans presented to the Planning Coannission at the meeting of January, 15, 1991, and marked Exhibit "A". 3. The applicant shall agree to defend at his/her sole expense any action brought against the City, its agents, officers, or egnployees because of the issuance of said approval , or in the alterriative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or �loyers, for any court costs and attorney's fee's which the City, its agents, officers or e�nployees 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. 4. This Conditional Use Permit shall become null and void if not used by January 15, 1992. 6 Cjj RFSOLUTION NO. 91- 1320 MIC�IAII., P. S JOYC� J. MILLIIZ JANUARY 15, 1991 PAGE �70 5. This conditional use perniit shall be reviewed on an annual basis for the first two (2) years or as extended by the Planning Corrmission, beginning at the Regular Planning Cormnission meeting of July 16, 1991. All mitigation measures and conditions of approval shall be reviewed and the conditional use permit may be revoked if it is found that the applicant has not adhered to all condita.ons and mitigation measures. Mitigation Measures 6. All construction shall utilize fixtures and designs which yninimize 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, drip irrigation with drought tolerant landscaping and etcetera. All fixtures and designs shall be installed prior to more than six (6) students attending preschool at this site. Time Fraane: Prior to more than six students attending prescrtool at this site. ResparLSible Dept: Building Department. 7. This conditional use permit shall be reviewed at a public hearing at the Planning Coamussion meeting of July 16, 1991 to determine if further noise or traffic studies are required. Prior to more� than six (6) students attending school at this site, the applicants shall deposit $40.00 maximLnn with the City to pay for the cost of the public hearing. Should additianal noise or traffic studies be required, the applicants shall pay for such studies plus a 15� administrative charge. If the noise or traffic studies find that the project impacts cannot be mitigated, the Conditional Use Permit may be revoked. As an alternative to conducting a traffic st.udy. The Planning Cornnission restrict the hours of operation of the preschool to avoid impacting the peak traffic hours. Time'Frame: July 16, 1991 Respo�LSibl e DepartnrPnt : P1 anning Department 8. If traffic impacts are mitigated and earlier morning hours appro���d, children shall be kept in the buildinq or in the rear or side pl�ay areas until 10:30 A.M. to mitigate early morning noise concerns. Time Frame: Ongoing Respomsible Department: Planning Department Plaruiing Depart.�nent Conditions 9. Development shall conform with the Provisions of the C-3 Zone, ar.id this conditional use permit unless otherwise approved. 10. signage shall be subject to the requir�nents of the Zoninc� Ordinance. 11. Prior to more than six (6} students attending, preschool at this site, five (5) copies of a landscaping and irrigation plan prepared by a licensed contractor shall be sl�mitted for approval by the Planning and Parks and Recreation Departments. The landscaping plan shall include the following: a . � Tree staking, soil preparation and planting detail; The required landscaping and improve9ments. This includes: (1) Deep root planters shall be included in areas where trees are within 5' of asphalt or concrete surfaces and curbs; (2) Water conservation practices incluciing the use of drip irrigation, mulch, gravel, drought tolerant plants and bark shall be incorporated into the landscaping plan; (3) All slopes 2:1 or greater shall have jute m�esh or equivalent material; J � RE.SOLUTION NO. 91-1320 MIC�IAEL P. & JCIYCE J. MILLIIt JANUARY 15, 1991 PAGE Z�IREE (4) Plant two (2) 15 gallon trees on the north side of property to buffer parking and freeway noise. c. m � All walls, including screening on retaining walls. All walls shall be compatible with the approved architecture. All landscaping and irrigation shown on the approved landscape and irrigation plans and all required walls shall be campleted or suitable bonds posted for their completion. 12. To prevent children fram accidently entering the parking lot, no gates shall be installed in the fence separating the parking lot and .� the play area. 13. The ni.unber of students attending the facility at one time shall not exceed 15. The ntunber of students can be increased to 22 if ,� additional parking is provided to the approval of the Planning Department. 14. All parking lot improvemexlts, grading and drainage improvements, landscaping and public improverr�ents shall be completed prior to more '. than six (6) students attending the facility. Public Works Department Caruiitio�s 15. Prior to more than six (6) students attendinq preschool at this site, the applicants shall offer..to dedicate to the City of Arroyo ' Grande a one (1) foot wide strip`�of property along Oak Street and a 25 foot radius curve return at the corner of Oak Street and Bennett Avenue for street widening. '16. Prior to more than six (6) students attending preschool at this site, the applicants shall install street improv�nents along Bennett Avenue and Oak Street frontages. Improv�nts shall conform to existing improvements at the corner of E1 Camino Real and Bennett Avenue, and shall not be limited to curb, gutter and sidewalk and street paving. ' 17. The driveway approach shall be iaidened to conform to the minimwn width requirernent for a comt�ercial driveway. 18. All improveanent plans shall be prepared by a registered civil engineer, licensed in the State of California, and shall be approved by the Public Works Director prior to issuance of any City Pem�its. Improve�r►ent plans shall include, but are not limtted to, grading, street, drainage, sewer, water, and appurtenant improvernents. 19. "Standard Specifications for Public Works Construction", latest editian, 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 otherwise on the approved improve�it pl ans . 20. All grading shall conform to the City's Grading Ordinance (303 C.S.) and Chapter 70 of the Uniform Building Code, and/ or as recomnended by the soils report with prior review and approval of the Director of Public Works. 21. It is the contractor's responsibility to control dust and erosion throughout the construction operation. This includes dust arising from the transport of grading materials to or from the construction site. The developer or his agents or ernployees shall be responsible for rernoval and clean-up of any spill on public streets during the construction operation. Police Department Caxiditians 22. Prior to rrzore than six (6) students attending preschool at this site, the applicants shall verify or install fences on east and south sides of school building along property line, in conforrnance with City regulations. 6 T �� •i R�SOLUTION NO. 91- 1320 MIC�iAII� P. 5 JOYCE J. MILI�IIt JANUARY 15, 1991 PAGE FC7(JR Fire Department Catuli.tions 23. This project is subject to all fire and life safety codes relating to the requireqnents of Uniform Fire Code and Title 19 of tr California Administrative Code if applicable. 24. Prior to more than six (6) students attending preschool at this site, the applicants shall post the address on building face to contrast background with 6 inch nwnbers. � Parks and Recreatioai Departm�nt CoQUiitioons 25. The Elm tree shall remain. Prior to more than six (6) students attending preschool at this site, the applicants shall install curb and gutter without interruption but end sidewalk 6' frorn each side of the tree. Install asphalt or decorc�osed granite where sidewalk would be around tree. 26. Prior to more than six (6) students attending preschool at this site, the applicants shall prune the existing elm, and work with the adjacent property owner to cut out dead wood and tree on adjacent property. Builciing Department Canditioons 27. Prior to more than six (6) site, the applicants shall rESnodel . students attending preschool at this call for final on permit for; interior 28. The applicants shall surmit plans for interior use prior to pre- school operation. (need existing floor plan showing roams, exit's, baths, etc.) 29. Prior to more than six (6) students attending preschool at this site, the applicant shall install a back flow prevention device to applicable standards. 30. Prior to more than six (6) students attending preschool at this sit2 the applicant shall properly rernove or abandon all existing non- conforn�ing items such as septic tanks, wells, pipes and so forth. 31. Prior to more than six (6) students attending preschool at this site, the applicant shall obtain necessary permits for: a. Work in the public right of way; b. Retaining walls; and c. Grading 32. Prior to more than six (6} students attending preschool at this site, the applicant shall verify whether existing structures are corinected to the City sewer. The applicant shall connect to public sewer facilities and pay appropriate sanitation district and city connection fees. On motion by Cc�nissioner Gallagher, seconded by Cormussioner Brandy, and by the following roll call vote, to wit: AYL•'S: Carmnissioners Moore, Gallagher, Brandy, Souza, Boggess and Vice Chairrnari Soto NOFS : ABSIIVT : Chai rnian Carr the foregoing Resolution was adopted this 15th day of January, 1991. ATTEST: � . Mary Ellen Leininger Robert W. Carr Planning Carm►ission erk Chairn�azl