Loading...
R 3719 RESOLUTION NO. 3719 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DENYING THE APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF AMENDED CONDITIONAL USE PERMIT 03-004 AS SUBMITTED WHEREAS, the applicant has filed an application for Amended Conditional Use Permit 03-004 to continue to temporarily operate a school and utilize portable buildings; and WHEREAS, the Planning Commission of the City of Arroyo Grande considered Amended Conditional Use Permit 03-004 at a duly noticed public hearing on August 19, 2003 in accordance with the Development Code of the City of Arroyo Grande; and WHEREAS, the Planning Commission found that in order to better protect lives and property associated with the continuation of temporary classrooms, the applicant must provide two fire hydrants; one located in front of the subject property and the other within the boundaries of the property between the existing chapel and sanctuary and the school campus; and WHEREAS, the City Council finds, after due study, deliberation and public hearing, based on all evidence presented, the following circumstances exist: A. That the closest fire hydrant to Coastal Christian School is located on the corner of Farroll Avenue and Golden West Place and is approximately 460 feet from the furthest classroom. B. Due to the recessed layout of the Coastal Christian School Campus, both a fire hydrant located on Farroll Avenue and another located in the interior of the property are needed to adequately protect lives and property associated with the conditional use. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby denies the appeal and approves Amended Conditional Use Permit 03-004 pursuant to the above findings and subject to the conditions of approval shown in Exhibit "A" attached hereto and incorporated herein. On motion by Council Member Costello, seconded by Council Member Lubin, and by the following roll call vote to wit: AYES: Council Members Costello, Lubin, Dickens and Mayor Ferrara NOES: None ABSENT: Council Member Runels the foregoing Resolution was adopted this 11 th day of November, 2003. --~---"-~--","'.._--,,~ - ---,.-----.-,......- RESOLUTION NO. 3719 PAGE 2 ATTEST: Uu!i~1lj)1.L-- ORE, DIRj:CTOR OF ADMINISTRATIVE SERVICES/ DEPUTY CITY CLERK APPROVED AS TO CONTENT: ~~. ST N ADAM , CITY MANAGER APPROVED AS TO FORM: .__.._.~~--~ RESOLUTION 3719 PAGE 30f4 EXHIBIT "A" CONDITIONS OF APPROVAL AMENDED CONDITIONAL USE PERMIT 03-004 1220 FARROLL AVENUE COMMUNITY DEVELOPMENT DEPARTMENT GENERAL 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 03-005, Amended Conditional Use Permit 89-459 and the Conditional Use Permit 89-459. 3. This application shall automatically expire on August 19, 2004 unless it can be shown that all conditions of approval are satisfied upon an inspection to be conducted by the City's Building and Fire Department. 4. The applicant must reapply for a yearly time extension of the Conditional Use Permit starting August 19, 2004. 5. The applicant will disclose the number of enrolled students on a yearly basis. 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. 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. OCCUPANCY AND ACCESS: 7. The project shall comply with state requirements for occupancy limits and accessibility issues. --- .----------.----..-- ~._- -.---.---,-.- RESOLUTION NO. PAGE40F4 REQUIRED IMPROVEMENTS: 8. The applicant shall install two fire hydrants, one on the street directly in front of the subject property and one located inside the property between the existing chapel and sanctuary and the school campus or similar installations to the satisfaction of the Fire Chief. PERFORMANCE BOND: 9. The applicant shall post a letter of credit in an amount estimated by the Fire Chief to satisfy the total cost of installation of both hydrants within ten (10) days of the date of approval. Both fire hydrants are to be installed within one hundred eighty (180) days of the date of approval. BUILDING AND FIRE DEPARTMENT CONDITIONS 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. PUBLIC WORKS DEPARTMENT CONDITIONS GENERAL IMPROVEMENT REQUIREMENTS: 11. The applicant shall pay all applicable City fees at the time they are due. 12. The developer shall be responsible during construction for cleaning city streets, curbs, gutters and sidewalks of dirt tracked from the project site. The flushing of dirt or debris to storm drain or sanitary sewer facilities shall no be permitted. The cleaning shall be done after each day's work or as directed by the Director of Public Works. 13. The applicant shall be responsible for obtaining an encroachment permit for all work within a public right of way. _._-~- --- RESOLUTION NO. 3719 OFFICIAL CERTIFICATION I, KELL Y WETMORE, Director of Administrative Services/Deputy City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that Resolution No. 3719 is a true, full, and correct copy of said Resolution passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 11 th day of November, 2003. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 1 ih day of November, 2003. .. 1 j;JgJzIdc/1LL- ETMORE, DIRECTOR OF ADMINISTRATIVE SERVICES/ DEPUTY CITY CLERK ---"._,-- -_._-