PC R 02-1825RESOLUTION NO. 02-1825
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ARROYO GRANDE ADOPTING A
NEGATIVE DECLARATION, INSTRUCTING THE
SECRETARY TO FILE A NOTICE OF DETERMINATION,
AND APPROVING CONDITIONAL USE PERMIT CASE NO.
02-004, LOCATED AT 202 VERNON STREET, APPLIED
FOR BY TRANSITIONS MENTAL HEALTH ASSOCIATION
WHEREAS, the Planning Commission of the City of Arroyo Grande has considered
Conditional Use Permit Case No. 02-004, filed by Transitions Mental Health Association,
to operate Adult Day Care facility to provide social rehabilitation to disabled, mentally ill
adults; and
WHEREAS, the Planning Commission has held a public hearing on this application in
accordance with the City Code; and
WHEREAS, the
General Plan,
therewith; and
Planning Commission has found that this project is consistent with the
Development Code and the environmental documents associated
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 a
Negative Declaration can be adopted; and
WHEREAS, the Planning Commission finds, after due study, deliberation and public
hearing, the following circumstances exist:
FINDINGS FOR APPROVAL
Conditional Use Permit Findings:
The proposed use is permitted within the Single Family Residential district
pursuant to the provisions of Section 16.16.050 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. As conditioned, the proposed use will not impair the integrity and character of the
district in which it is to be established or located.
3. The site is suitable for the type and intensity of use that is proposed because
according to Health and Safety Code Section 1597.40, day care facilities are
intended to be situated in residential surroundings to provide a home environment,
and parking and fencing would be provided.
4. There are adequate provisions for water, sanitation, and public utilities and
services to ensure the public health and safety.
RESOLUTION NO. 02-1825
CUP 02-004
PAG E 2
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 any adverse environmental impacts.
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. 02-004.
2. Based on the initial study, a Negative Declaration was prepared for public review.
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 the wildlife depends as a
result of development of this project.
NOW, THEREFORE, BE IT RESOLVED 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 Conditional Use Permit No. 02-004, with the
above findings, and to the conditions 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, Keen and Chair Costello
NOES: None
ABSENT: None
the foregoing Resolution was adopted this 19th day of February, 2002.
ATTEST:
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Lyn Reardon-Smith, Commission Clerk
,
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Joseph M. Costello, Chair
opment Uirector
RESOLUTION NO. 02-1825
CUP 02-004
PAGE 3
EXHIBIT "A"
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT CASE NO. 02-004
TRANSITIONS MENTAL HEALTH ASSOCIATION
202 VERNON STREET
COMMUNITY DEVELOPMENT DEPARTMENT
GENERAL CONDITIONS
This approval authorizes the operation of an Adult Day Car Facility at 202 Vernon Street.
The applicant shall comply with the following conditions:
1. The applicant shall ascertain and comply with all Federal, State, County and City
requirements as are applicable to this project.
2. The applicant shall comply with all conditions of approval for Conditional Use
Permit Case No. 02-004.
3. This application shall automatically expire on February 19, 2003 unless it can be
shown that all conditions of approval are satisfied upon the required annual
inspection to be conducted by the City's Building and Fire Department.
4. Hours of operation are restricted to Mondays, Tuesdays, Thursdays and Fridays
from 10:OOAM to 2:OOPM and on Wednesdays from 4:OOPM to 8:OOPM unless
otherwise approved by the Community Development Director. No outdoor
activities may take place befor 8:OOAM or after 6:OOPM.
5. The project shall comply with state requirements for licensing, occupancy limits
and accessibility issues.
6. A six foot fence shall be installed on the side and rear property lines and a three
foot fence shall be installed on the Vernon Street frontage. Fencing materials shall
be compatible with the residential neighborhood. Landscaping shall be installed
along fence lines.
7. Lighting shall be stationary, directed away from adjacent properties and public right
of way except passenger loading areas, and of an intensity compatible with the
residential neighborhood, and additional requirements pursuant to Development
Code Section 16.48.090.
8. 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,
RESOLUTION NO. 02-1825
CUP 02-004
PAGE 4
or in the alternative, to relinquish such approval. The applicant shall rei�mburse 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.
PARKS, RECREATION AND FACILITIES DEPARTMENT CONDITIONS
9. Prior to issuance of occupancy, the applicant shall record an agreement with
the City to use three parking spaces for Transitions Staff members at the
Community Women's Center, during weekdays only; provide the city with evidence
of insurance; name the City as additionally insured; and provide the City with a
signed liability release form for each Transitions staff member.
BUILDING AND FIRE DEPARTMENT CONDITIONS
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.
PUBLIC WORKS DEPARTMENT CONDITIONS
GENERAL IMPROVEMENT REQUIREMENTS
The following conditions apply continuously throughout the project:
11. Fees - The applicant shall pay all applicable City fees at the time they are due.
12. Site Maintenance - 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 or the Community Development Director.
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14. Encroachment permits - The applicant shall be responsible for obtaining an
encroachment permit for all work within a public right of way.
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RESOLUTION NO. 02-1825
CUP 02-004
PAGE 5
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