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R 3011 . . RESOLUTION NO. 3011 A RFSOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE UPHOLDING THE PLANNING COMMISSION'S APPRO V AL OF CONDITIONAL USE PERMIT NUMBER 93-509 WITH TIlE CONDITIONS AS SPECIFIED BY THE PLANNING COMMISSION WITH MODIFICA TIONS MADE BY THE CITY COUNCIL WHEREAS, On September 7, 1993 the Planning Commission held a public hearing pursuant to State Law and City Codes on Conditional Use Permit Case Number 93-509; and -- WHEREAS, the Planning Commission approved the Conditional Use Permit upon finding after due study, deliberation, and public hearing that the following circumstances exist: 1. The proposed use is permitted within the PF zone 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. The proposed modular classroom will enhance the educational environment of an existing private school. 3. The site is suitable for the type and intensity of use or development that is proposed. Adequate setbacks can 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. "----..- Architectural Review 1. T~e 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 working in the neighborhood of the proposed project. 4. The general appearance of the proposal is in keeping with the character of the neighborhood . 5. The proposal is not detrimental to the orderly and harmonious development of the City. . -'- --~'--"-'-----'----'~---~--~ ------------- -~.._._-- ------- . . Resolution No. 3011 October 26, 1993 Page Two 6. The proposal wi]] not impair the desirability of investment or occupation in the neighborhood . 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. 93-509. 2. Based on the initial study, a negative declaration drafted for review by the public and review and approval by the Planning Commission. 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. WHEREAS, As part of said approval, the Planning Commission added condition 2a., modified conditions 7, 9, 10, and 11 and deleted conditions 8, 12, and 13; and WHEREAS, On September 24, 1993, Raymond J. Burnell, on behalf of St. Patrick's Catholic School, filed an appeal of the Planning Commission's inclusion of conditions of approval 10 and 11 and asked that said conditions be deleted; and WHEREAS, The City Council of the City of Arroyo Grande held a duly noticed public hearing on October 26, 1993 to consider said appeal; and WHEREAS, After due study, deliberation, and public hearing, the City Council finds that the following circumstances exist: 1. The findings made by the Planning Commission for approval of said project were appropriate, which findings are' incorporated herein by reference as the findings of the City Council on this matter. 2. The Circulation Element of the General Plan, Goal B, Policy D, and Program 4 all promote pedestrian related improvements including the provision of sidewalks. 3. A specific project implementation of the Circulation Element of the General Plan is to add and improve sidewalks near public and private schools. 4. To implement the General Plan, Development Code Section 9-15.020 F(2) requires, upon an application for a building permit, the installation of concrete curbs, gutters, and sidewalks along the full frontage of the parcel to which the building permit applies. .. - ----....- -..------.-- . ----- --- -- ---- ._..-_.._--~ . . Resolution No. 3011 October 26, 1993 Page Three 5. The revisions to conditions 10 and 11 made by the Planning Commission provide ample time for the school to raise funds to pay for the required improvements, and therefore, the improvements will not place an unreasonable financial burden on the school. 6. The proposed improvements identified in conditions 10 and 11 are necessary to provide safe pedestrian access. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo ) Grande hereby upholds the Planning Commission's approval of Conditional Use Permit Case '---- Number 93-509 with modification of conditions 10 and 11 to read as contained in Exhibit "A". On motion of Council Member Souza, seconded by Council Member Burke, and by the following roll call vote, to wit: A YES: Council Members Souza, Burke and Mayor Pro Tern Moots NOES: None ABSENT: Council Member Rrandy and Mayor Gallagher the foregoing Resolution was adopted this 26th day of October, 1993. ~YYl~ - - GENE MOOTS, MAYOR PRO TEM ATTEST: ~a.~ NANCY. A. 'AVIS, CITY CLERK APPROVED AS TO FORM: ~q- ROGER C Y CITY A TIORNEY , -- ~ . . A1JadoJd repJawwo~ 1ua~~rpe aLJ1 JO 1UawdolaAap LJ1!M 1aaJ1S LJ~U1Ua 1saM uo aSB1uoJJ All000Jd alJ1 JO lJ1Sual aLJ1 SUOI~ panB1SU! aq U~lJS )(reMap!S ap!M t8) 100J 1lJS!a 1m 1~lJ1 SU!p!AOJd 1U~~!ldd~ pu~ AH;) uaaM1aq 01U! paJa1Ua aq II!M 1UaWaaJS~ U~ A~lmdn~:)Q aJoJa& '11 . A1JOOOJd repJaWWO~ 1Ua~~rp~ alJ1 JO 1uawdolaAap lJ1!M 1aaJtS lJ~URJa tsaM uo aSB1uoJJ A1JOOOJd aLJ1 JO lJtSUal alJ1 Suore paUB1SU! aq U~lJs JannS plm qJn~ t~LJt SU!p!AOJd tU~!ldd~ pu~ Al!;) uaaMtaq 01U! paJa1Ua aq II!M lUaWaaJS~ 1m A~lmdn:):)Q ;lJOJa& '01 " .I!~uno;) A)!;) .nn Aq paU!POW S8 n PU8 01 suoJ)!pUO;) 60S-f6 .ON )!uuad asn IBUO!J!pUO;) .. V.. J..IOIHX3: II 0 E 'ON NOI.LO'IOS:all ..-.. ..~,----_.._,.".,"-~--_.__.., _..~...' - -. ._- ----~.- '" --~--_._~_._._- -- -----~ .--.-- ._._,_.------" ! - . RESOLUTION NO. 3011 I, NANCY A. DAVIS, city Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury that the foregoing Resolution No.3011 was i passed and adopted at a regular meeting of said Council on the 26th i day of October, 1993. i WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 18th day of November , 1993. , ~t2.~ \ NANCY A. AVIS, CITY CLERK '-- " ~-----~_.~.._~-"---- --~-