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PC R 00-1761RESOLUTION NO. 00-1761 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING THAT THE CITY COUNCIL APPROVE AMENDED CONDITIONAL USE PERMIT CASE NO. 00-004, THEREBY AMENDING CONDITIONAL USE PERMIT 84-368, APPLIED FOR BY THE NEW HOPE CHURCH, LOCATED AT 900 NORTH OAK PARK BOULEVARD WHEREAS, the City Council of the City of Arroyo Grande approved Conditional Use Permit No. 84-368 on June 26, 1984 for the construction of the Foursquare Church, presently called the New Hope Church, located at 900 North Oak Park Boulevard; and WHEREAS, the City Council approved an amendment to Conditional Use Permit No. 84-368 on November 25, 1997 to allow the operation of a preschool and elementary school at the church facility; and WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Amended Conditional Use Permit Case No. 00-004 to temporarily place a 960 square foot modular building for the Royal Oaks Christian School; and 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; 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 Oak Park Acres Planned Development (PD 1.1) pursuant to the provisions of Section 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 because the proposed use is similar to surrounding uses. Resolution No. 00-1761 ACUP No. 00-004 September 19, 2000 Page 2 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. Architectural Review Findings: 1. The proposal is consistent with the General Architectural Review Guidelines for the City of Arroyo Grande. 2. The proposal is consistent with the text and maps of the Arroyo Grande General Plan, and the City of Arroyo Grande Development Code. 3. The proposal will not be detrimental to the health, safety, comfort and general welfare of the persons residing or working in the neighborhood of the proposed project. 4. The general appearance of the proposed building is consistent with the character of the neighborhood because the size and design are consistent with the existing church facility. 5. The proposal is not detrimental to the orderly and harmonious development of the City. 6. The proposal will not impair the desirability of investment or occupation in the neighborhood. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby recommends that the City Council approve Amended Conditional Use Permit Case No. 00-004, with the above findings, and to the conditions set forth in Exhibit "A", attached hereto and incorporated herein by this reference. Resolution No. 00-1761 ACUP No. 00-004 September 19, 2000 Page 3 On motion by Commissioner Keen, seconded by Commissioner Vice Chair Parker, and by the following roll call vote, to wit: AYES: 5 NOES: 0 ABSENT: 0 the foregoing Resolution was adopted this 19` day of September, 2000. ATTEST: Kathleen Fryer, Commissi n Clerk �a�c��.� �'ti�, Laurence Greene, Chair AS TO CONTENT: v� Kerry nts, - Community Development Director Resolution No. 00-1761 ACUP No. 00-004 September 19, 2000 Page 4 EXHIBIT "A" CONDITIONS OF APPROVAL AMENDED CONDITIONAL USE PERMIT CASE NO. 00-004 NEW HOPE CHURCH, LOCATED AT 900 NORTH OAK PARK BOULEVARD COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS This approval authorizes the temporary placement of a 960 square foot modular building on the east side of the property boundary. 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 Amended Conditional Use Permit Case No. 00-004. 3. This application shall automatically expire on September 19, 2002 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 September 19, 2000 and marked Exhibit "B". 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. SPECIAL CONDITIONS 6. The modular building shall be removed three (3) years after issuance of building permit. Resolution No. 00-1761 ACUP No. 00-004 September 19, 2000 Page 5 ARCHITECTURAL REVIEW COMMITTEE 7. The roof shall be a darker color to contrast with the walls of the modular building. All colors shall blend with the rest of the structures on the project site. 8. The landscaping plans shall include a mix of shrubbery and trees along the east and south sides of the modular building. The Community Development Director shall approve the plant selection. BUILDING AND FIRE DEPARTMENT 9. The structure shall be a State of California approved modular building. 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. 11. Fees - The applicant shall pay all applicable City fees prior to issuance of a Building Permit. PRIOR TO ISSUING A CERTIFICATE OF OCCUPANCY: 12. The applicant shall post designated fire lanes, per Section 22500.1 of the California Vehicle Code. 13. The applicant must provide an approved "security key vault", per Building and Fire Department guidelines. 14. The modular building must either be fully sprinklered per Building and Fire Department guidelines, or an on-site fire hydrant installed as approved by the Building and Fire Department.