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PC R 90-13053� 1'� RESOLUTION NO. 90-1305 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING APPROVAL TO THE CITY COUNCIL OF CONDITIONAL USE PERMIT CASE NO. 90-475, APPLIED FOR BY �. THE EDWIN THALMAN,. LOCATED AT 311 SHORT STREET TO CONSTRUCT A SECOND RESIDENTIAL UNIT, ADOPTING A NEGATIVE DECLARATION AND INSTRUCTING THE SECRETARY TO FILE NOTICE OF DETERMINATION WHEREAS, the Planning Commission of the City of Arroyo Grande has considered an application by Edwin Thalman for a second residential unit at 311��Short Street in the R-3 (Multiple Family Residential District); and - WHEREAS, the Planning Commission has found that this project is consistent with the General Plan and environmental documents associated therewith: and WHEREAS, the Planning Commission has reviewed the project in compliance with the California Environmental Quality Act and has determined that a negative declaration can be adopted and instructs the secretary to file a Notice of Determination; and WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing, the following circumstances exist: 1. The, proposed use in consistent with the General Plan's statements and intent as originally outl-ined in the medium high density residential designation. 2. Neither Urgency Ordinances NO. 417 C.S. or 421 C.S. are applicable to this project, because it was submitted prior to May 22, 1990,- and the uses is permitted in -the R-1 zone subject to a conditional use permit. 3. The site is adequate in shape or size for the proposed use, as it can meet all the setback and parking requirements. 4. The site does have adequate access. 5. The proposed- use will not have an adverse effect on the use of surrounding property because sufficient separation has been provided between-uses-, and adequate services are available. 6. The design and layout of the proposed use is suitable because the required setbacks, lot coverage, parkinq, and other requirements of the R-3 zone and Article 40 of the Zoning Ordinance have been met. 7. The project will not hav.e an environmental impact, because water usage, topography, drainage, plants, and animals, noise and other environmental elements will not be altered by the project. WHEREAS, this project was reviewed by the Planning Commission and various City departments and found to be acceptable and in conformance with the applicable codes and ordinances. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby recommends approval of said Conditional Use Permit to the City Council, subject to appropriate standard conditions of the City of Arroyo Grande, and the following special conditions: General Conditions 1. The applicant shall ascertain and comply with all State, County, and City requirements as are applicable to this project. 32 Resolution No. 90-1305 Page 2 2. Development shall occur in substantial conformance with the plans presented to the Planning Commission at the meeting of August 7, 1990, and marked "Exhibit A". Planning Department Conditions 3. Development shall conform with the R-3 zoning requirements, unless otherwise approved. 4. The applicant shall record a deed restriction and an agreement affecting real property regarding the second dwelling unit in accordance with the provisions of Article 40 of the Zoning Ordinance, and to the satisfaction of the City Attorney and the Planning Director, prior to final occupancy. Fire Department Conditions 5. While not a condition, the Fire Department recommends an automatic fire sprinkler system be installed in the second unit from a water supply capable of ineeting minimum hydraulic standards of the Fire Department � 7. Building Department Conditions �.- The applicant shall apply for necessary building permits, pay additional fees and call for �necessary i�nspections. Parks and Recreation Department 8.- Owner to replace persimmon tree to be removed with a 15 gallon or larger tree of owners choice on rear of property. On motion by Commissioner Soto, seconded by Commissioner Gallagher, and by the following roll call vote, to wit: AYES: NOES: ABSENT: Commissioner Souza, Soto, Brandy, Gallagher, and Vice Chairman Flores None Chairman Carr, and Commissioner Moore the foregoing Resolution was adopted this 7th day of August, 1990. ATTEST: ' �. � �° .�� ` � � � � MONA PRELESNIK ROBERT CARR, PLANNING COMMISSION CLERK CHAIRMAN