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PC R 02-1835� � � RESOLUTION NO. 02-1835 WHEREAS, the Conditional Use the operation of District; and A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE TO APPROVE CONDITIONAL USE PERMIT CASE NO. 02-003 LOCATED AT 1052 EAST GRAND AVENUE, APPLIED FOR BY THE FIVE CITIES VINEYARD CHURCH Planning Commission of the City of Arroyo Grande has considered Permit Case No. 02-003, filed by The Five Cities Vineyard Church, for a church facility in a commercial complex in the General Commercial 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 WHEREAS, the Planning Commission has reviewed this project in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the Arroyo Grande Rules and Procedures for Implementation of CEQA and has determined that the project is categorically exempt under Section 15332 of the CEQA Guidelines; and WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing, the following circumstances exist: FINDINGS FOR APPROVAL Conditional Use Permit Findings: 1. The proposed use is permitted within the General Commercial District 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 of the district in which it is to be established or located because the proposed use is compatible with surrounding uses. 3. The site is suitable for the type and intensity of use or development that is proposed because all the necessary easements, circulation, parking and setbacks would be provided. 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 improvements in the vicinity because the proposed project would not create adverse environmental impacts. RESOLUTION NO. 02-1835 CONDITIONAL USE PERMIT NO. 02-003 APRIL 16, 2002 PAGE20F5 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves Conditional Use Permit Case No. 02-003, with the above findings and subject to the conditions as set forth in Exhibit "A", attached hereto and incorporated herein by this reference. On motion by Commissioner Brown, seconded by Commissioner Fowler, and by the following roll call vote, to wit: AYES: Commissioner's Brown, Fowler, Guthrie, and Vice Chair Keen NOES: None ABSENT: Chair Costello the foregoing Resolution was adopted this 16 day of April 2002. ATTEST: � LY EARDON-SMITH, COMMISSION CLERK TO CO , � vr B STRON ; COMMUNITY DEVEL PMENT DIRECTOR i �� �:" . �� _ . . � RESOLUTION NO. 02-1835 CONDITIONAL USE PERMIT NO. 02-003 APRIL 16, 2002 PAGE30F5 EXHIBIT "A" CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT CASE NO. 02-003 Five Cities Vineyard Church 1052 East Grand Avenue COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS This approval authorizes the construction of a 4,800 square foot church inside a commercial building. 1 � The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. The applicant shall comply with all conditions of approval for Conditional Use Permit Case No. 02-003. 3. This application shall automatically expire on April 16, 2004 unless a building permit is issued. Thirty (30) days prior to the expiration of the approval, the applicant may apply for an extension of one (1) year from the original date of expiration. 4. Development shall occur in substantial conformance with the plans presented to the Planning Commission at the meeting of April 16, 2002, and marked Exhibit �� 5. The applicant shall agree to defend at his/her sole expense any action brought against the City, its present or former agents, officers, or employees because of the issuance of said approval, or in anyway relating to the implementation thereof, 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 such participation shall not relieve applicant of his/her obligations under this condition. DEVELOPMENT CODE 6. Development shall conform to the General Commercial zoning requirements of the Development Code except as otherwise approved. 7. Signage shall be subject to the requirements of Development Code Chapter 16-60. RESOLUTION NO. 02-1835 CONDITIONAL USE PERMIT NO. 02-003 APRIL 16, 2002 PAGE 4 OF 5 8. The applicant submit a new joint parking agreement for approval by the City Attorney. The agreement shall be filed with the Planning and Building Departments and recorded with the County Recorder. PARKS, RECREATION AND FACILITIES DEPARTMENT CONDITIONS: 9. The applicant shall provide ground cover planters against the building along the Linda Drive Frontage. BUILDING AND FIRE DEPARTMENT 10 The project shall comply with the most recent editions of the California State Fire and Building Codes and the Uniform Building and Fire Codes as adopted by the City of Arroyo Grande. A building permit is required for the change occupancy. PRIOR TO OCCUPANCY: 11. The building must be fully sprinklered per Building and Fire guidelines. PUBLIC WORKS DEPARTMENT GENERAL IMPROVEMENT REQUIREMENTS 12. The applicant shall pay all applicable city fees at the same time they are due. 13 All easements, abandonment's, or similar documents to be recorded as a document separate from a map, shall be prepared by the applicant on 8'/�c11 City standard forms, and shall include legal descriptions, sketches, closure calculations, and a current preliminary title report. The applicant shall be responsible for all required fees, including any additional required City processing. 14. The developer shall be responsible during construction for cleaning city streets, curbs, gutters and sidewalks of dirt tracked from the project site. The flushing of dirt or debris to storm drain or sanitary sewer facilities shall not be permitted. The cleaning shall be done after each day's work or as directed by the Director of Public Works. 15. All project improvements shall be designed and constructed in accordance with City of Arroyo Grande standards and specifications, except as may be modified by these conditions of approval. 16.The applicant shall be responsible for obtaining an encroachment permit for all work within a public right of way. � J PRIOR TO ISSUING A CERTIFICATE OF OCCUPANCY �L _ RESOLUTION NO. 02-1835 CONDITIONAL USE PERMIT NO. 02-003 APRIL 16, 2002 PAGE 5 OF 5 17. Lot Line Adjustment 02-001 shall be approved and the required certificates shall be recorded with the county. 18. All project improvements shall be constructed prior to occupancy, except for non- essential improvements, which may be guaranteed by an agreement and financial securities as provided for in Section 9-15.070 of the Development Code. 19. All grading shall be done in accordance with the City Grading Ordinance. 20. The applicant shall remove the existing driveway ramp on the northwest corner of the property accessing Linda Way, and replace it with a new driveway ramp per city standards. UTILITIES 21 22 All new public utilities shall be installed as underground facilities. Prior to approving any building permit within the project for occupancy, all improvements required by these conditions shall be either: a. Fully constructed and accepted by the City; or b. Guaranteed by an improvement agreement and financial securities. The agreement and securities shall be in a form acceptable to the City. 23. Bonds — The applicant shall provide bonds or other financial security for the following. All bonds or security shall be in a form acceptable to the City, and shall be provided prior to recording of the map, unless noted otherwise. b. Faithful Performance, 100% of the approved estimated cost of all subdivision improvements. c. Labor and Materials, 50% of the approved estimated cost of all subdivision improvements. d. One Year Guarantee, 10% of the approved estimated cost of all subdivision improvements. This bond is required prior to acceptance of the subdivision improvements. e. Monumentation, 100% of the estimated cost of settling survey monuments. � � V