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PC R 04-1920. RESOLUTION NO. 04-1920 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING THAT THE CITY COUNCIL CERTIFY THE COMPLETION OF AND MAKE FINDINGS AS TO THE REVISED FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT PREPARED FOR VTTM/PUD 01-001 (PREVIOUSLY KNOWN AS TRACT 1998) WHEREAS, a Finai Environmentat Impact Report (EIR) for the Rancho Grande Subdivision was prepared and certified in March 1991 for a 354-1ot residential subdivision which specified that a separate EIR, analyzed as part of the cumulative impact analysis of the Rancho Grande Final EIR, must be submitted for a project proposed for a cluster subdivision at the northeast corner of James Way and La Canada; and WHEREAS, an Subsequent Environmental Impact Report (the "SEIR") for the Vesting Tentative Tract Map 01-001 and Planned Unit Development 01-001 (VTTM/PUD 01- 001, hereinafter referred to as the Project"), was prepared by Rincon, Inc. (the "Consultant") for the City of Arroyo Grande (the "City") pursuant to the California Environmental Quality Act (Pub►ic Resources Code Section 21000 et seq.), the Guidelines for Implementation of the California Environmental Quality Act (14 Cal. Code Regs. Section 15000 et seq., hereinafter the " CEQA Guidelines") and local procedures adopted by the City pursuant thereto; and WHEREAS, copies of the Draft SEIR were distributed to the State Clearinghouse and to those public agencies which have jurisdiction by law with respect to the Project and to other interested persons and agencies, and the comments of such persons and agencies were sought; and WHEREAS, the Draft SEIR was thereafter revised and supplemented to adopt changes suggested and to incorporate comments received and the City's response to said comments, and as so revised and supplemented, a Final SEIR was prepared and submitted to the Planning Commission of the City of Arroyo Grande for review and consideration in conjunction with consideration of recommendations for approval and adoption of the Project; and WHEREAS, a duly noticed public hearing was held by the Planning Commission on April 30, 2003 to consider the Project and the Final SEIR relating thereto, following notice duly and regularly given as required by law, and all interested persons expressing a desire to comment thereon or object thereto having been heard, and said Final SEIR and all comments and responses thereto having been considered; and RESOLUTION NO. 04-1920 REVISED FINAL SEIR CERTIFICATION FOR VTTM/PUD 01-001 PAGE 2 WHEREAS, the Final SEIR, consisted of the Draft SEIR as revised and supplemented, was considered by the Planning Commission of the City of Arroyo Grande on April 30, 2003 and May 7, 2003 and a recommendation for certification of the final SEIR was conditionally approved; and WHEREAS, on May 13, 2003, the Final SEIR was considered by the City Council of Arroyo Grande and recirculation of the Final SEIR was recommended to evaluate an additional alternative and to provide additional analyses for biological Impacts; and WHEREAS, the a Revised Draft SEIR was prepared by the Consultant pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.), the Guidelines for Implementation of the California Environmental Quality Act (14 Cal. ' Code Regs). Section 15000 et seq., hereinafter the "CEQA Guidelines") and local procedures adopted by the City pursuant thereto; and WHEREAS, copies of the Revised Draft SEIR were distributed to the State Clearinghouse and to those public agencies which have jurisdiction by law with respect to the Project and to other interested persons and agencies, and the comments of such persons and agencies were sought; and WHEREAS, the Revised Draft SEIR was thereafter revised and supplemented to adopt changes suggested and to incorporate comments received and the City's response to said comments, and as so revised and supplemented, a Revised Final SEIR was prepared and submitted to the Planning Commission of the City of Arroyo Grande for review and consideration in conjunction with consideration of recommendations for approval and adoption of the Project; and WHEREAS, a duly noticed public hearing was held by the Planning Commission on March 2, 2004 to consider the Revised Final SEIR relating thereto, following notice duly and regularly given as required by law, and all interested persons expressing a desire to comment thereon or object thereto having been heard, and said Revised Final SEIR and all comments and responses thereto having been considered; and WHEREAS, the Revised Final SEIR consists of the Revised Draft SEIR, as revised and supplemented, incorporating all comments received and the response of the City as of the date hereof. NOW, THEREFORE, the Planning Commission of the City of Arroyo Grande resolves as follows: Section 1. The Planning Commission has independently reviewed and analyzed the Final EIR and considered the information contained therein and all comments, written and oral, received at the public hearing on the Revised Final SEIR prior to adopting this Resolution. RESOLUTION NO. 04-1920 REVISED FINAL SEIR CERTIFICATION FOR VTTM/PUD 01-001 PAGE 3 � Section 2. The Planning Commission hereby recommends that the City Council of Arroyo Grande certify that the Revised Final SEIR for the Project has been completed in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and local procedures adopted by the City pursuant thereto. The Planning Commission further recommends that the City Council find that the Revised Final SEIR reflects the independent judgment and analysis of the City Council, as required by Public Resources Code Section 21082.1 and Section 15090 of the CEQA Guidelines with the following additions/revisions: 1. Mitigation measure B-2(a) be revised to indicate a 50-foot setback from the top of creek bank to buffer wetland and riparian areas; 2. Mitigation measure B-4(a) be revised to indicate a 50-foot setback from Pismo clarkia occurrences to buffer Pismo clarkia habitat 3. Mitigation measure B-3(a) be revised to indicate a ratio greater than 3:1 for replacement plantings. 4. The mitigation-monitoring program shall include an additional mechanism to supplement a Home Owner's Association to ensure long-term monitoring of mitigation related to biological impacts. On motion by Chair Guthrie, seconded by Commissioner Keen, and by the following roll call vote, to wit: AYES: Chair Guthrie, Commissioners Keen, Brown and Fowler NOES: Commissioner Arnold ABSENT: None the foregoing Resolution was adopted this 2nd day of March, 2004. ATTEST: h� L N REARDON-SMITH, SECRETARY TO THE COMMISSION TO ONTE ROB TR N , COMMUNITY DEVEL PMENT DIRECTOR GUTHRIE, CHAIR