Loading...
PC R 05-1977, I L� � , � RESOLUTION NO. 05-1977 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING THE CITY COUNCIL DENY VESTING TENTATIVE TRACT MAP CASE NO. 01-001 (OTHERWISE KNOWN AS TRACT 1998), PLANNED UNIT DEVELOPMENT CASF NO. 01-001, AND LOT LINE ADJUSTMENT CASE NO. 01-002 LOCATED AT JAMES WAY AND LA CANADA WHEREAS, the City Council of the City of Arroyo Grande adopted Resolution No. 3740 on April 13, 2004 certifying the Revised Final Subsequent Environmental Impact Report (SEIR) for the project (Vesting Tentative Tract Map 01-002 and Planned Unit Development 01-001); and WHEREAS, the Planning Commission of the City of Arroyo Grande held a duly noticed public hearings on May 3, 2005, June 7, 2005 and September 20, 2005 on Vesting Tentative Tract Map 01-001, Planned Unit Development 01-001, and Lot Line Adjustment 01-002, filed by Taos Holding Company/Castlerock Development, to subdivide a 26.9- acre property into twenty-one (21) residential lots and one (1) 22-acre (22) open space parcel. WHEREAS, the Planning Commission has reviewed and considered the information and public testimony presented at the public hearing, staff report, and all other information and documents that are part of the public record; and WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing, the following circumstances exist that cause the Planning Commission to recommend denial of the project: Tentative Tract Map Findings for denial: 1. The site, as shown on the tentative tract map, is not physically suitable for the type and proposed density because the development is not clustered in such a way that allows for all necessary easements, parking, and improvements without a substantial deviation from requirements and failure to incorporate to the fullest extent feasible, adequate mitigation measures, specifically, the required setbacks from identified habitat for the Federally-listed Endangered and State-listed Rare plant species, pismo clarkia, and identified riparian and wetland habitat; avoidance of slopes greater than 20%, and an increased demand for public services for fire protection and long term fire prevention measures; that are necessary to adequately reduce impacts identified in the FSEIR, that are integral to the long term protection of important biological resources associated with the East Fork of Meadow Creek and pismo clarkia; and required to maintain public health and safety. 2. The design of the tentative tract map and/or the proposed improvements are likely to cause substantial damage to the natural environment, including fish, wildlife or their habitat and the potential impacts have not been adequately mitigated to the extent feasible and a Statement of Overriding Considerations can not be made. RESOLUTION NO. 05-1977 PAGE 2 Specifically, the resulting impacts to biological resources are not reduced to a level that is considered less than significant due to the proposed density and intensity of deveiopment and improvements (including areas in the vicinity of proposed lots 9, 20 and 21 that impact identified wetlands, in the vicinity of lots 3, 8, 18 and 19 impacting the riparian corridor, in the vicinity the westerly portion of Blossom Valley Road and the vicinity of lots 18, 19 and 20 that are within and adjacent to identified pismo clarkia habitat); particularly, a Statement of Overriding Considerations can not be made to override impacts to pismo clarkia, which must be mitigated by avoidance of the identified habitat and adherence, to the extent feasible, to the required pismo clarkia buffer, and which is not achieved by the proposed project. Additionally, the number of oak trees impacted is significant and the impact is not mitigated to the extent feasible because the project does not incorporate measures such as minimizing road widths and incorporating road design features that would avoid impacting additional oak trees. Furthermore, the projecYs provisions for the essential long-term protection of the environment through the requirements of, and reliance upon, a Homeowners Association or maintenance district, are speculative and potentially cannot be met. Planned Unit Development Findings 1. That the site for the proposed development is not adequate in size and shape to accommodate the use, all yards, open spaces, setbacks, walls and fences, parking area, loading areas, landscaping, and other features required for the reasons as described in the above findings for the Tentative Tract Map; 2. That the improvements required, and the manner of development, does not adequately address all natural and manmade hazards associated with the proposed development and the project site, including, but not limited to, flood, seismic, fire and slope hazards. Specifically, the resulting impacts to geologic resources are not reduced to a level that is considered less than significant due to the proposed development and improvements that impact slopes greater that 20%; Required CEQA Findings: The required CEQA Findings cannot be made based on the following: 1. Changes or alterations have not been incorporated into the projects which avoid or substantially lessen the significant environmental effects as identified in the FSEIR and Addendum; specifically as regards to impacts B-2, B-3, B-4, G-4 and the cumulative impact to biological resources; 2. The specific economic, legal, social, technological, or other benefits of the proposed project, including the project enhancements as described in Exhibit "A", do not outweigh the unavoidable adverse environmental effects. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby recommends that the City Council deny Vesting Tentative Tract Map 01-001, Planned Unit Development 01-001 and Lot Line Adjustment 01-002, with the above findings. RESOLUTION NO. 05-1977 PAGE 3 On motion by Chair Brown, seconded by Commissioner Parker, and by the following roll call vote to wit: AYES: Chair Brown, Commissioners Parker & Fellows NOES: . None ABSENT: None ABSTAIN: Commissioners Ray and Tait the foregoing Resolution was adopted this 4th day of October, 2005. ATTEST: � L N REARDON-SMITH, SECRETARY TO THE COMMISSION :- TIM BROWN, CHAIR A OC ^ � - ROB ST ONG, � COMMUNITY DEVELOPM NT DIRECTOR �