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PC R 01-1789RESOLUTION NO. 01-1789 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE TO ADOPT A MITIGATED NEGATIVE DECLARATION, INSTRUCT SECRETARY TO FILE A NOTICE OF DETERMINATION, AND APPROVE CONDITIONAL USE PERMIT 01-006, APPLIED FOR BY LUCIA MAR UNIFIED SCHOOL DISTRICT, LOCATED AT 227 BRIDGE STREET WHEREAS, the Planning Commission of the City of Arroyo Grande has reviewed Conditional Use Permit 01-006, filed by the Lucia Mar Unified School District to operate an adult education school and school district counseling facility; and WHEREAS, the Planning Commission held a public hearing on this application on May 1, 2001 in accordance with City Codes; and WHEREAS, Previous Conditional Use Permits 92-502 and 94-527 issued for the site expired on June 30, 1999; and WHEREAS, the Planning Commission has found that this project is consistent with the City's 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), the State CEQA Guidelines, and the Arroyo Grande Rules and Procedures for Implementation of CEQA and has determined that a Mitigated Negative Declaration can be adopted; and WHEREAS, the 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 subject district pursuant to the provisions of Sections 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 of the district in which it is to be established or located. 3. The site is suitable for the type and intensity of use or development that is proposed. 4. 5. There are adequate provisions for water, sanitation, and public utilities and services to ensure the public health and safety. The proposed use will not be detrimental to the public health, safety, or welfare, or materially injurious to properties and improvements in the vicinity. Resolution No. 01-1789 Lucia Mar School District CUP 01-006 May 1, 2001 Page 2 of 6 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. 01-006. 2. Based on the initial study, a Mitigated 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 71 1.2 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 Mitigated Negativez�: Declaration, instructs the Secretary to file a Notice of Determination, and approves Conditional Use Permit Case No. 01-006, 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 Keen, seconded by Commissioner Brown, and by the following roll call vote, to wit: AYES: Commissioners Brown, Fowler, Guthrie, Keen, and Chair Costello NOES: None ABSENT: None the foregoing Resolution was adopted this 1 S ` day of May 2001. ATTEST: � � K thleen Fryer, Commission CI rk AS TO � Kerry M�c Commun nts Development Director /Z� Jos h M. Costello, Chair � � Resolution No. 01-1789 Lucia Mar School District CUP 01-006 May 1, 2001 Page 3 of 6 ATTACHMENT "A" CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 01-006 Lucia Mar Unified School District 227 Bridge Street M-F M T W TH F 8:OOam - 1:OOpm GED 20-30 students 1:30pm - 5:OOpm SAFSOC, 15 students 3:OOpm - 6:OOpm Mature Driver, 10-20 students 6:OOpm - 10:OOpm heating/plumbing, 8-15 students 6:OOpm - 10:OOpm heating/plumbing, 8-15 students no afternoon classes 6. 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. COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS This approval authorizes the operation of the Lucia Mar Unified School District Adult Education Facility, and the SAFESOC Counseling Services, located at 227 Bridge Street. 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. 01-006. 3. Development shall occur in substantial conformance with the plans presented to the Planning Commission at the meeting of May 1, 2001 and marked Exhibit "B". 4. The maximum number of students for the adult School shall be 30 students. If the school is expanded beyond this capacity, the school district shall apply for an amendment to this Conditional Use Permit. 5. Modifications to the following schedule of classes or an increase in class size shall be submitted to the Community Development Department 60 days prior to the effective date of the proposed change. Staff will determine if peak- hour trips are increased, thereby warranting an amendment to this conditional use permit. Resolution No. 01-1789 Lucia Mar School District CUP 01-006 May 1, 2001 Page 4 of 6 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. BUILDING AND FIRE DEPARTMENT CONDITIONS GENERAL CONDITIONS 7. 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. �:3 �'] Prior to issuance of a certificate of occupancy, the applicant shall post designated fire lanes, per Section 22500.1 of the California Vehicle Code. The applicant must provide an approved "security key vault" per Building and Fire Department Guidelines. 10. The adult school ("E" occupancies) shall be limited to the areas of the site labeled on Exhibit "B" as Adult Education Classrooms which were previously designated as "A" occupancies for assembly use as the church sanctuary and fireside/music hall. 1 1. Disabled access shall be provided per state and federal requirements. PUBLIC WORKS DEPARTMENT CONDITIONS GENERAL IMPROVEMENT REQUIREMENTS 12. Fees - The applicant shall pay all applicable City fees at the time they are due. (For your information, the "Procedure for Protesting Fees, Dedications, Reservations or Exactions" is provided be%w►. PROCEDURE FOR PROTESTING FEES, DEDICATIONS, RESERVATIONS OR EXACTIONS: (A)Any party may protest the imposition of any fees, dedications, reservations, or other exactions imposed on a development project, for the purpose of defraying all or a portion of the cost of public facilities related to the development project by meeting both of the following requirements: I �� (1) Tendering any required payment in full or providing satisfactory evidence Resolution No. 01-1789 Lucia Mar School District CUP 01-006 May 1, 2001 Page 5 of 6 of arrangements to pay the fee when due or ensure performance of the conditions necessary to meet the requirements of the imposition. (2) Serving written notice on the City Council, which notice shall contain all of the following information: (a) A statement that the required payment is tendered or will be tendered when due, or that any conditions which have been imposed are provided for or satisfied, under protest. (b) A statement informing the City Council of the factual elements of the dispute and the legal theory forming the basis for the protest. (B) A protest filed pursuant to subdivision (A) shall be filed at the time of the approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications, reservations, or other exactions to be imposed on a development project. (C) Any party who files a protest pursuant to subdivision (A) may file an action to attack, review, set aside, void, or annul the imposition of the fees, dedications reservations, or other exactions imposed on a development project by a local agency within 180 days after the delivery of the notice. (D) Approval or conditional approval of a development occurs, for the purposes of this section, when the tentative map, tentative parcel map, or parcel map is approved or conditionally approved or when the parcel map is recorded if a tentative map or tentative parcel map is not required. (E) The imposition of fees, dedications, reservations, or other exactions occurs, for the purposes of this section, when they are imposed or levied on a specific development. 13. The applicant shall be responsible for obtaining an encroachment permit for all work within a public right of way. 14. The applicant shall re-stripe the parking lot, and remove any conflicting striping. Double striping shall be used for the lines separating spaces. The words "ENTER" and "EXIT" shall be painted onto the driveway entrance and exit subject to the approval of the Director of Public Works. Mitigation Measures: A negative declaration with mitigation measures has been adopted for this project. The following mitigation measures shall be implemented as conditions of approval Resolution No. 01-1789 Lucia Mar School District CUP 01-006 May 1, 2001 Page 6 of 6 and shall be monitored by the appropriate City department or responsible agency. The applicant shall be responsible for verification in writing by the monitoring department or agency that the mitigation measures have been implemented. Mitigation Measures: 15. The applicant shall complete measures to neutralize the water demand created by the project by either: Implement an individual water program that utilizes fixtures and designs that minimize water usage. The calculations shall be submitted to the Director of Public Works for review and approval. The proposed individual water program shall be submitted to the City for approval prior to implementation; or, Pay an in lieu fee. Monitoring: Review of individual water program or payment of the in lieu fee Responsible Department: Public Works Department Timeframe: Prior to issuance occupancy 16 All landscaping shall be consistent with water conservation practices including the use of drought tolerant landscaping, drip irrigation, and mulch. To the greatest extent possible, areas requiring spray irrigation shall be minimized. Monitoring: Review of site landscaping Responsible Department: Parks and Recreation Department Timeframe: Prior to issuance of occupancy _J � L