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R 3257 , . , ' RESOLUTION NO. 3257 A RESOLUTION OF THE CITY COUNCIL OF. THE CITY OF ARROYO GRANDE ADOPTING A NEGATIVE DECLARATION, INSTRUCTING THE CITY CLERK TO FILE A NOTICE OF DETERMINATION, AND APPROVING AMENDMENT #1 OF CONDITIONAL USE PERMIT CASE NO. 84-368, APPLIED FOR BY OAK PARK FOURSQUARE CHURCH, LOCATED AT 900 OAK PARK BOULEVARD WHEREAS, the City Council of the City of Arroyo Grande has considered Amendment #1 of Conditional Use Permit Case No. 84-368, filed by Oak Park Foursquare Church, to allow a preschool and elementary school within an existing church; and WHEREAS, the City Council has held a public hearing on this application in accordance with City Code; and WHEREAS, the City Council has found that this project is consistent with the General Plan and the environmental documents associated therewith; and WHEREAS, the City Council has reviewed the draft negative declaration under the provisions of the California Environmental Ouality Act (CEOA), the State CEOA Guidelines, and the Arroyo Grande Rules and Procedures for Implementation to CEQA; and WHEREAS, the City Council 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 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 or 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. 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. -_... --" - " Resolution No.3 2 5 7 Amendment #1 of Conditional Use Permit Case No. 84-368 Oak Park Foursquare Church . . November 25, 1997 Page 2 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 Amendment #1 of Conditional Use Permit Case No. 84-368. 2. Based on the initial study, a negative declaration was drafted for public review and reviewed and approved by the City Council. 3. After holding a public hearing pursuant to State and City Codes, and considering the record as a whole the City Council adopted the negatiye 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 City Council .of the City of Arroyo Grande hereby adopts a negative declaration, instructs the City Clerk to file a Notice of Determination, and approves Amendment #1 of Conditional Use Permit Case No. 84-368, with the above findings and subject to the conditions of approval as set forth in Attachment "A", attached hereto and incorporated herein by this reference. On motion by Councilmember'Iblley , seconded by Councilmember RxEl.s, and by the following roll call vote, to wit: AYES:Council Members Tolley, Runels, Lady, and Mayor Dougall NOES: . None ABSENT: Council Member Fuller the foregoing Resolution was adopted this 25th day of November 1997. (l~ . A.K. "PETE" DOUGALL, M ATTEST: . a.~ 1\ VIS, CITY CLERK ------.-- , . , , Resolution No~ 3257 APPROVED AS TO FORM: . APPROVED AS TO CONTENT: KdiJ-T l. rtLt~ ROBERT L. HUNT, CITY MANAGER I, NANCY A. DAVIS, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify that the following Resolution No. 3257 is a true, full and correct copy of said Resolution passed and adopted at a regular meeting of said Council on the 25th day of November, 1997. WITNESS my hand and the seal of the City of Arroyo Grande affixed this 1st day of December ,1997. . ----..--.-.-....- " ATTACHMENT "A" . CONDITIONS OF APPROVAL CONDITIONAL USE PERM~T AMENDMENT CASE NO. 84-368 Oak Park Foursquare Church 900 Oak Park Boulevard COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS This approval authorizes an Amendment to Conditional Use Permit Case No. 84-386 allowing the operation of a preschool and elementary school within an existing church facility 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. 84-368 Amendment. 3. This application shall automatically expire on November 25, 1999 unless class is held. 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. 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 teimburse 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. 5. All lighting shall be shielded and directed downward so as not to create glare on adjacent properties. DEVELOPMENT CODE 6. Development shall conform to the PD 1.1 zoning requirements except as , otherwis"e approved. SPECIAL CONDITIONS 7. All conditions of approval contained in Resolution 86-1071 shall remain in full force and effect (reference Exhibit "A"). -" -.0- ( . , ' 8. All school buses and vans shall be parked on the south end of the parking lot. . . BUILDING AND FIRE DEPARTMENT CONDITIONS SPECIAL CONDITIONS 9. Prior to December 15, 1997, the applicant shall provide certification of the fire alarm system. Failure to comply with this condition by December 15, 1997 will result in this matter returning to the City Council for further action. PUBLIC WORKS DEPARTMENT CONDITIONS SPECIAL CONDITIONS 10. Prior to December 15, 1997, the church shall complete the Grading Permit requirements as outlined in the letter dated June 17, 1996 attached as Exhibit "B". Failure to comply with this condition by December 15, 1997 will result in this matter returning to the City Council for further action. . . -- . I " ,. " .: '~:':2'2 :3: ,:;, -, . .-j. .;,:,' ..- ,:~ . . ';" :,. : RESOLUTION NO. 85-10'lj A RESOLUTION OF WE PLANNING OJMr.lISSION OF 1HE . CITI OF ARROYO GRANDE REOJMMENDING APPRO V AL OF . USE PEm,lIT C.t\SE NO. 84-368, APPLIED FOR BY OAK PARK FOURSQUAHE CHURCH. WHERE.t\S, the Planning Oxrrr:ission of the aty of Arroyo Grande has conslc!ered an applicnticn for cop.struction of new church facilities on the northeast corner of Oak Park Dou1evA..~d nnd J3!T1es Way in the "P-D" Planned Development District, med by Oak Pnrk Foun;quare 01ltrch in accoroonce with Sec. 9-4.3102 of the Municipal Code; and WHEREAS, 1ne Pln.'ming Corrni..c;sion has found that this project is co~c;istent \'I;th the Generru rIan and the Environmental Documents as..~clated there\\ith, and n Negative DecJaration hns ~en declared under the provisions of the California EnvIronmentel Quality Act (C.E.Q.A.); and WHEREAS, the Ccrrrnission finQi that, after due study, deliberation nod public heming, the following circtnTStances exist: 1. 1he requested ~e is consistent with the Zoning Ordinance. 2. Th'i! requested use permitted in the Di"trict, subject to Use Permit procedures. 3. Would not adversely affect abutting properties. NOW, TIIEREPORE, BE IT RESOLVED, that the Planning Corrnission of the aty of Arroyo Grande hereby approves said Use Permit subject to appropriate standard conditions of the aty of Arroyo Grande, the original conditions of approval listed In the staff report, dated r,1ay 15, 1984, and the following additional conditions: 1. A street improvement plan shall be suboitted by the developer nnd shall be approved by the Public \'Iorks Director prior to recordation of the final rmp. 111e improverr.ent plan shall include, but not be 1!rr.ited to the followil1.g itcn~: D. OJrb, gutter nnd 10 ft. sidewall<. b. Street lights. c. Northerly ddveway entrance on Oak Fark P.oulevard shall be Jocated subject to engineering study and cJlo:;cussions between the developer, engineer, al!d PubJic Works Dcparbr.ent. Left turn n:overr.ents en Oak Park Boulev~rd n:ay be prohibit~d. 2. White rail perirr.eter fence shan be constructed prior to i:->5Uance of a building final. ? Grading Pond c1rllinage plan shall be subnilted by the developP.r nnd ". approved by the Public Works Director pdor to issunnce of a bunGl1g pemit. Grt!ding nr.d d.ainage shall include appropriately sized culvert.s under Jarr.es Way access drive. 4. D~vE'lop~r shall provide right of Vlay for storm drain easerr.ents. Er$P.rr'ot'nts shall record prior to issuance of a lJuildir.g pennit. . 5. De....eloper shall enter into a maintenance agreement between C~1k Park. Foursquare Oillt'ch and the aty for rr.aintenance of drAinage facUities, grcer.be~t, (!11~roachn:ent') ~d sidewalks adjacent to curbs and pcrirr.eter whit~ rail fence. . On rrotion by C..Qrrrr:issioner Sa to, seconded by Cor;missioner Doggess, mid by the following roll cnll vote, to \\it: AYES: Cormissioners Soto, Boggess, Flores and 0lairrr.an Gerrish , NOES: None AJ1STI\TN: ("..orrmi~ioners Olsen n.,d moore "I~ENT: Corrrr:issioner OUT the forego;,,!: Resolution v,,,, adopted th~ 7th day of Jm,U"Y/"J9S6.! a j ''11FST'~aJ,;LyJI~t,__~ ~.~ EXlllBIT ~~A" . - . . , , City of c::If':-toyo g~andE. P. o. Bo~ 550 21~ East Branch Street Plblic Works Depart:mern Arrvyo Grande, CA 931;21 . Phone (805)473-5440 June 17, 1996 FAX (80S) 473-0386 Reverend Phil Coleman Foursquare Church 900 Oak Park Boulevard Arroyo Grande, CA 93420 Subject: Grading Permit requirements and alteration of drainage Dear Reverend Co1eman: This is to confirm with you our discussions in the field on the afternoon of June 3, 1996. As you recall, we had previously discussed the grading permit for the Foursquare Church as wen as the drainage improvements required by that plan earlier last year and corresponqed on the matter on February 15, 1996, (copy attached). More recently, the Church commenced grading without an approved modification to the previously approved grading plan. After reviewing the site in the field and discussing the matter with you and Bill BaIlagh, the City's inspector, we concluded that the following actions should be taken: 1. The Church will proceed to retain an engineer or other qualified consultant to reflect its desired modifications to the previously approved grading plan. This new plan can show grading to occur iri phases or can reflect the Church's desire to construct all of the grading at one time. . 2. The drainage along the north easterly side of the property should provide for a swale or other drainage facilities, generally as shown on the original grading plan, or an approved alternative so as to prevent drainage migrating to adjoining property owners' yards. .. If the Church wishes to construct a building on this pad in the future, a 'soils consultant ~. should be retained in order to determine the condition of the fill and its structural ~itability for building purposes. . 4. In order to assist you in reviewing the dimensions o~your northeasterly property line, the . Public Works Department can provide you with a copyofthe recorded tract map for the adjoining properties. \ . 5. You discussed with Mr. BaIlagh and me an alternative to regrading.the back yard of the property immediately to the east of your existing fence along the playground. Any such FXHTBIT "B" ,- modifications that will ensure proper drainage to a drain inlet should be reflected on the revised grading plan. 6. After these modifications have been made to the proposed grading plan, please submit your information to the Public Works Department and we will assist you ill, expediting a final approval of your plan. If these points disagr~ with your recollection .of our conversation, please contact me at your earliest convenience. In the meantime, we appreciate your cooperation and help in resolving this matter. /)J~ Joh. . Wa1lace Director of Public Works ILW dlw c: Bill Bal1agh John Richardson Community Development Department . , . . . .