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O 456 C.S. , ~ 259 ORDINANCE NO. 456 C.S. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING AN AMENDMENT TO ORDINANCE NO. 430 C.S. APPLIED FOR BY GRACE BmLE CHURCH TO ALLOW DELETION OF MITIGA TION MEASURES 5 AND 7 OF ORDINANCE 430 C.S. WHEREAS, the City Council of the City of Arroyo Grande has held a public hearing to consider an amendment to Ordinance 430 C.S.; and WHEREAS, a duly noticed public hearing'was held by the Planning Commission of the City of Arroyo Grande on September 7, 1993, at which all interested persons were given the opportunity to be heard; and WHEREAS, after due study, deliberation and public hearing the Planning Commission recommended that the City Council certify the draft Addendum EIR; and \ WHEREAS, the City Council did consider said proposed amendment to eliminate Section '. 5, numbers 5 and 7 of Ordinance 430 C.S. dealing with mitigation of peak hour traffic impacts on the Backbone Traffic System; and WHEREAS, the City Council has held the required public hearing on the proposed amendment; and WHEREAS, the City Council certified the EIR for the Halcyon Hills Subdivision with the previous addendi and the Addendum for Grace Bible Church; and WHEREAS, the proposed amendment was found to be consistent with the General Plan and Goals and Objectives of the City of Arroyo Grande; and WHEREAS, the City Council makes the following findings of fact: Planned Development Rezone 1. The proposed PD rezone is consistent with the goals, objectives, policies, and programs of the General Plan, and is necessary and desirable to implement the provisions of the General Plan. 2. The proposed PD rezone will not adversely affect the public health, safety, and welfare or result in an illogical land use pattern. 3. The proposed PD rezone is consistent with the purpose and intent of the Development Code. 4. The potential environmental impacts of the proposed PD rezone are insignificant. 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 Planned Development Rezone Case No. 93-226. 2. Based on the initial study, an Addendum EIR drafted for review by the public and review and approval by the City Council. - 260 Ordinance No. 456 C.S. Amendment to Ordinance No. 430 C.S. Grace Bible Church September 28, 1993 Page Two 3. After holding a public hearing pursuant to State and City Codes, and considering the record as a whole the City Council certified the Addendum EIR 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 wild~~fe depends as a result of development of this project. NOW, THEREFORE, the City Council of the City of Arroyo Grande does ordain as follows: Section 1. That the above statements constitute the findings of fact of the City Council on this matter. I Section 2. That Section 5 of Ordinance 430 C.S. is amended to eliminate mitigation ,~ measures 5 and 7. Section 3. Conditions of Approval General Conditions 1. The applicant shall ascertain and comply with all State, County and City requirements as are applicable to this project. 2. The applicant shall agree to defend at his/her sole expense any action brought against the City, its agents, officers, or employees because of the issuance of said approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employers, 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. Mitigation Measures 3. Until the Brisco Road/Highway 101 interchange is reconstructed, the church shall take the following measures to minimize the impacts of church traffic: a. Publish a monthly reminder to avoid the Brisco Road/Highway 101 interchange with a map showing alternative routes. b. Dismiss it's educational programming fifteen minutes before the accompanying worship service, so as to disburse traffic more quickly and evenly. c. Publish a monthly reminder to be courteous and observe speed limits of the adjacent neighborhoods. d. Do a monthly reminder encouraging the congregation to consider ride sharing with a neighbor. .' 261 Ordinance No. 456 C.S. Amendment to Ordinance No. 430 C.S. Grace Bible Church September 28, 1993 Page Three e. Erect signage near the exit onto Rodeo Drive to read: "Be Good Neighbors, Observe Local Speed Limits. " f. As part of New Member Orientation, prospective members shall receive a copy of maps showing alternative routes and explaining the desire to minimize the use of the Brisco Road/Highway 101 interchange. Time Frame: Ongoing until the Brisco Road/Highway 101 Interchange is reconstructed Monitoring Department: Planning 4. Prior to issuance of a final certificate of occupancy, the church shall res tripe the southbound portion of El Camino Real at the intersection with Halcyon Road to provide a right turn lane. Striping shall be done according to standard engineering practice and subject to review and approval of the Director of Public Works. Time Frame: Prior to issuance of a final Certificate of Occupancy Monitoring Department: Public Works Section 4. This ordinance shall be in full force and effect thirty (30) days after its passage; I and within fifteen (15) days after its passage, it shall be published once, together ! with the names of the City Council Members voting thereon, in a newspaper of general circulation within the City. On motion of Council Member Moots , seconded by Council Member Souza , and by the following roll call vote, to wit: A YES: Council Members Brandy, Moots, Souza and Mayor Gallagher NOES: None ABSENT: Council Member Burke the foregoing Ordinance was adopted this r-{ ATTEST: ~a.~ NANCY A. VIS, CITY CLERK , CITY ATIORNEY . 262 Ordinance No. 456 C.S. 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 Ordinance No.456 C.S~as passed and adopted at a regular meeting of said Council on the 12th day of October , 1993. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 26th day of October , 1993. a.~ '-' AVIS, CITY CLERK [ I , ...- '.