Loading...
R 2960 ~ ~. 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. ,\ .. -,"''-'"'\ 1 ------ ...~~~.---- _.-........-..---~-.. -~- )- .. ~ RESOLt1l'ICN roo 2960 : / 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. \, 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 , i December, 1992. I 1.z14 I .' j , ..:.~,.. K. P. "PB'l'B" I , A~: ~a.~ . ..,._..~~~Y ~.! . ,AVIS, CITY CLERK I i <"\of" 2 II , . . Ii I' -- - I -.------.--p -.----..-.- - . . . .. RESOLUTION NO. 2960 APPROVED AS TO FORM: - I I I I I, NANCY A. DAVIS, City Clerk of the city of Arroyo Grande, I i County of San Luis Obispo, State of California, do hereby certify, ! under penalty of perjury, that the foregoing Resolution No. 2960 I I . 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 --- " " -- 3 \........ ..'.......... ,: .- , - -' - .~_.__._----,- ~-_..-~_..._-