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.
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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;
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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.
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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