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PC R 95-1505� RT�,SOLUTION NO. 95-1505 A RESOLUTION Or TH� PLANNING COMMISSION OF TI-IE CITY OF ARROYO GRAND� R�COMMLNDIIVG TI-IAT TI-IL CITY COUNCIL ADD 'I'I'1'LE 5, CI 21 "NOISE" TO TIiI: MUNICIYAL CODC OC TIIE CITY Or ARROYO GRANDC, ADOI''T A N�GATIVE D�CLARATION ANU INSTRUCT TIIE CITY CL�RK TO FIL� A NOTIC� OF DETERMINATION WHER�AS, Section 65302 of tl�e California Government Code directs all cities and counties to prepare General Plan Noise Llements; and WI-IEItEAS, on Jiine 8, 1993 lhe City Council of the City of Arroyo Grande adopted a General Plan Noise Element; and WI-II:R�AS, tl�e City of Arroyo Grande has determined tl�at it i9 appropriate and necessary to adopt a�t ordinance to implement the noise level standards contained in tl�e General Plan Noise Element; and WI a duly noticed public hearing was held by the Planning Commission of the City of Arroyo Grande oil April 18, 1995 at which all interesled persons were given tlie opportunity to be heard; and WHEREAS, the Planning Commission reviewed the potential environmental impacts of the proposed Noise Ordinance in compliance with California Environmental Quality Act (CEQA), the State CCQA Guidelines, and the City's Rules and Procedures; and WHEREAS, the Planning Commission has reviewed and considered the information and public testimony presented at the public l�earings and in the proposed documents and staff report. NOW, TII�REFORE, �3E IT R�SOLV�D by tt�e Planning Co►nmission of the City of Arroyo Grande, California to recommend to the City Council adoption of a Negative Declaration and adoption of Title 5, Chapter 21 "Noise" based on the following findings: 1. The proposecl addition of Title 5, Chapter 21 "Noise" is consistent with the goals, objectives, policies, and programs of the General Plan and specifically the Noise Element of tl�e General Ylan. 2. The proposed addition of Title 5, Chapter 21 "Noise" is necessary and desirable to implement the provisions of the Noise Element of the General Plan. 3. Based on the Initial Study and all the comments received, the potential environmental impacts of the addition of Title 5, Chapter 21 "Noise" are insignificant. I � Resolut.ion No. 95-1505 April 18, 1995 P�ge T�vo �� I � J Department of Fish �nd G�me Required Findings of Exem�tion 1. The City of Arroyo Grande I�as prepared an initial study pursuant to Section 15063 of the Guidelines of the California Environmental Quality Act (CEQA), for Title 5, Chapter 21 "Noise" . 2. I3ased on the initial study, a negative declaration. drafted for review by the public and review and approval by the Planning Cornmission. 3. After holding a public hearing pursuant to State and City Codes, and considering the record as a whole the Planning 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 Fish and Game Code or on the habitat upon which the wildlife depends as a result of development of this project. On motion by Commissioner Carr, seconded by Commissioner Hatchett, and on tl�e following roll call vote, to wil: AYES: NOES: AI3SENT: Co►nmissioners Tappan, Carr, Deviny, Hatchett, Beck and Chairperson Keen None Commissioner Soto the foregoing Resolution was passed and adopted this 18t1i day of April, 1995. ATTEST: Nancy IIrown, omrnission Clerk Joh een, Cha' rson