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:
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K thleen Fryer, Commission CI rk
AS TO
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Kerry M�c
Commun
nts
Development Director
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Jos h M. Costello, Chair
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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.
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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.
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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:
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(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
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