R 2960
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RESOLUTION NO. ,q~n
A RESOLUTION OF THE ARROYO GRANDE CITY COUNCIL
UPHOLDING THE PARKS AND RECREATION COMMISSION APPROVAL
OF A SAND VOLLEYBALL COURT AT '1'BRRA DB OBO PAItlt
AIm ADOP'l'IOII OF A NEGA'fIVB D8('T .1t,RA'l'IOII f DIS'lWJC'l'I1fG
'1'HB CITY CLBRK TO FILE A NOTICE OF DE'l'ERMINATION,
AIm DENYING THE APPEAL OF AR'l'HtJR AND DANA BIELECKI
WHEREAS, on september 16, 1992, the Parks and Recreation
_ commission received a petition from residents surrounding the Terra
de Oro Park requesting construction of a sand volleyball court; and
WHEREAS, on September 26, 1992, the Parks and Recreation
COlllllission examined the potential environmental effects of the sand
volleyball court and instructed staff to set a public hearing to
consider adoption of a Negative Declaration and approval of the
sand volleyball court; and
WHEREAS, the Parks and Recreation commission held a public
hearing on october 21, 1992, on said application and the associated
environmental documents, in accordance with City COdef and
WHEREAS, the Parks and Recreation commission found that said
project is consistent with the Parks and Recreation Ble..nt of the
General Plan; and
WHEREAS, the Parks and Recreation colllllission reviewed said
project in compliance with the California Enviromaent:al Quality Act
(CEQA) and determined that a Negative Declaration could be adopted;
and
WHEREAS, the Parks and Recreation commission found, after due
study, deliberation and public hearing, the following cirCUllStances
exist:
Volleyball Court
1. The proposed sand volleyball court is an acceptable use
in a city park and complies with all the applicable
provisions of the Arroyo Grande Parks and Recreation
Element of the General Plan.
2. The proposed sand volleyball court will not iapair the'
integrity and character of the neighborhood in which it
is located.
3. The proposed sand volleyball court will not have a
significant impact on the environment.
Department of Fish and Game Required Findings of Exeaption
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 the sand
volleyball court. '0
2. Based on the initial study, a Negative Declaration was
drafted for review by the public and review and approval
by the Parks and Recreation commission.
_ 3. After holding a public hearing pursuant to state and City
Codes, and considering the record as a whole, the Parks
and Recreation 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 Fi_s_h, and Galle Code or on the habitat upon
which the wildlife depends as a result of developaent of
this, ~~oie.c.t.
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RESOLt1l'ICN roo 2960
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WHEREAS, an Appeal of the Parks and Recreation COIIIIIission's
decision was filed on November 10, 1992, by Arthur and Dana
Bielecki of 331 Oro Drive: and
WHEREAS, the Arroyo Grande city Council held a duly noticed
public hearing on the aforeaentioned Appeal on DeceJaber 8, 1992, at
which time all interested persons were given the opportunity to be -
heard: and
WHEREAS, after due stUdy, deliberation and public hearing, the
City COuncil I118de the following findings of fact:
1. The findings of the Parks and Recreation Co..tssion
adopting a Negative Declaration were appropriate.
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2. The findings by the Parks and Recreation Coai.sion for
approval of the sand volleyball court at Terra de oro Park
were appropriate.
NOW, THEREFORE, BE IT RESOLVED that the Arroyo Grande City
Council hereby:
1. Adopts the findings made by the Parks and Recreation
Comaission in the Paries and Recreation Resolution No. 92-1,
approving the sand volleyball court at Terra de oro Park,
based on the findings incorporated herein, and the
fOllowing conditions: .. .
a) If said sand volleyball court has created significant
problems specific to its use tor the neiqhborhOOd
surrounding the park, the Parks and Recreation
Commission will consider its removal. -
b) It said sand volleyball court has not created any
significant problelll8 specific to its use, it will
relll8in as part of the Terra de Oro Park facilities
available for public use.
2. Upholds the Parks and Recreation COIIIIIIission's adoption of
a Negative Declaration for the sand volleyball court at
Terra de Oro Park.
3. Denies the appeal of the Parks and Recreation co.ieaion's
actions on the sand volleyball court at Terra d. oro Park.
4. Directs the City Clerk to file a Notice of Deteraination
with the County of San Luis Obispo.
On motion of Council Member Souza , seconded by
Mayor Gallagher. , and on the followinq roll
call vote, to wit:
AYES: Council Member__ Souza, and Mayor Gallagher
NOES: Council Member Moots
ABSENT: Council Member Brandy
the foregoing Resolution was passed and adopted this 8th day of ,
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December, 1992.
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K. P. "PB'l'B" I
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. ..,._..~~~Y ~.! . ,AVIS, CITY CLERK I
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RESOLUTION NO. 2960
APPROVED AS TO FORM:
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I, NANCY A. DAVIS, City Clerk of the city of Arroyo Grande, I
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County of San Luis Obispo, State of California, do hereby certify, !
under penalty of perjury, that the foregoing Resolution No. 2960 I
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is a true, full and correct copy of said Resolution passed and I
adopted at a regular meetinq of said Council on the 8th day of I
December, 1992.
,WITNESS lilY hand and the Seal of the City of Arroyo Granele
affixed this 21st day of December , 1992.
l1~a. ~L~
NANCY A. VIS, CITY CLERK
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