R 2314
108
RESOLUTION NO. 2314
A RESOLUTION OF 1'UE CITY COUNCIL OF 'filE
CITY OF ARIIOYO GRANDE RECOHHF.NDING APPROVING
CONDI'rIONAL USE PERMI'I' CASE NO. 89-451 AND
ARCHITEC1'URAL REVIEW CASE NO. 89-422 APPLIED ~'OR BY
BETH' WAYNE PIERCE LOCA'I'ED AT 189 DEER TRAIL CIIICLE
AND AOOP'!'ING A NEGA'I'IVE Df:CLARA1'ION
WHEREAS. the City Council of the City of Arroyo Grande has considered an
application for construction of a 638 square feet Second Dwelling Unit located
at 189-Deer Trail Circle, and
WIIEREAS, the City Council has declared a Negative Declaration under the
provisions of the California Environmental Quality Act (CEQA); and
WHEREAS, the Planning Commission of the City of Arroyo Grande has held a
pUblic hearing on the project and has recolllmended approval of the project to the
City Council; and
WHEREAS, the City Council finds, after due study, deliberation and public
hearing, the fallowing circumstances exist:
1. The proposed use is not consistent with the General Plan's statemcntu and
intent as outlined in the Planned Development zone, however, Government
Code Section 65852.2 takes precedence over the General Plan,
2. The site is adequate in shape or size for the proposed use, as it can meet
all the setback and parking requirements,
3, The site does have adequate access.
4. The proposed use will not have an adverse effect on the use of surrounding
property because sufficient separation has been provided between uses,
adequate services are available.
5. The design and layout of the proposed use is suitable because the requircd
setbacka, lot coverage, and other requirculcnt!l of the PD zone and ot
Article 40 of the zoning ordinance have been lIIet.
NOW. TUEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo
Grande hereby recommends approval of said Conditional Use permi t wi th the
following conditions:
PLANNING DEPARTMENT
1, Developulent shall occur in substantial conformance to the plans
approved by the Planning couwlission at the meeting May 2, 1989 and
included in Exhibit A.
2, 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
Department, prior to occupancy of the second dwelling unit.
PARKS AND RECREATION DEPARTMENT
3, Prior to Unal occupancy the owner shall plant two 15 gallon Quericus
Ilex (Holly Oak) trees along the street easement, Trees shall bn
planted 7 feet in from curb and 30 feet apart,
4, Prior to issuance of all grading permits, the applicant shall mark
all trees to be removed with tile approval of the Parks and Recreation
Director,
5. The applicant shall acquire approval from the Architectural Control
Committee of "Oak Park Acres" prior to issuance of building permit!!,
On motion by Council Member Dougali seconded by Council Member Moots ,
and by the following roll call vote, to wit:
AYES: Council Members Dougall, Moots, Olsen and Mayor Millis
NOES: None
ABSt:N'!': Council Member Smith
the foregoing Resolution was adovted this 23rd day of May, 1989.
AT'I'EST: tfJ Q;, .
IlAA ~t a . I'-<':u
NANCY A. DAV . CITY CLERK
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