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R 2935 -~ ... RESOLUTION NO. 2935 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE CERTU'YING THAT THE SUPPLEMENT TO THE ENVmONMENTAL IMPACT REPORT FOR OAK PARK ACRES (TRACT 604) PREPARED FOR THE K-MART ADDITION HAS BEEN PREPARED IN COMPLIANCE WITH THE CALIFORNIA ENVmONMENTAL QUAUTY ACT AND INSTRUCTING THE CITY CLERK TO FILE A NOTICE OF DETERMINATION WHEREAS, the City of Arroyo Grande has received applications for the K-Mart Addition Project for the approval of Conditional Use Permit Case No. 91-485, and Architectural - Review Case No. 91-466; and WHEREAS, after reviewing the project in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and the City's Rules and Procedures for Implementation of CEQA, City Staff required preparation of a Supplement to the Environmental Impact Report for Oak Park Acres (Tract 604); and WHEREAS, the Planning Commission of the City of Arroyo Grande has reviewed the draft and final Supplement Environmental Impact Report (SE1R) for the K-Mart Addition Project; and WHEREAS, duly noticed public hearings were held by the Planning Commission of the City of Arroyo Grande on April 7, 1992, May 19, 1992 and June 2, 1992, at which time all interested persons were given the opportunity to be heard; and WHEREAS, after due study, deliberation and public hearing the Planning Commission recommended Certification of the SEIR to the City Council; and WHEREAS, a duly noticed public hearing was held by the City Council of the City of Arroyo Grande on June 23, 1992, at which time all interested persons were given the opportunity to be heard; and - WHEREAS, the draft SEIR has been prepared and circulated pursuant to CEQA, the State CEQA Guidelines, and the City's Rules and Procedures for Implementation of CEQA; and WHEREAS, the Final SEIR relating to the K-Mart Addition Project and responses to the concerns raised during the review period and at the public hearings were prepared pursuant to CEQA, the State CEQA Guidelines, and the City's Rules and Procedures for the Implementation of CEQA; and WHEREAS, the City Council makes the following fmdings of fact: 1. Based on the information set forth in the SEIR, and the Statement of Significant Environmental Effects and Mitigation Measures, attached to the Resolution for approval as Attachment "A" and incorporated to the Resolution for approval as Attachment "A" and incorporated herein by reference, the Agency finds and determines that changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the adverse environmental effects identified in the S1:;IR for li) Traffic; (ii) Water; (Hi) Geology, Soils, Topography and Hydrology; (iv} Scenic Aspect; and (v) Archaeology. 2. No additional adverse impacts will have a significant effect or result in a .iuhstantial or potentially substantially adverse change in the environment as a resuJt vf the proposed - Conditional Use Permit and Architectural Review. 3. The City Council finds and determines that all significant environmental effects identified in the SEIR have been reduced to an acceptable level in that all significant environmental effects that can be feasibly avoided have been eliminated or substantially lessened as determined through the findings set forth in paragraphs (1) and (2) above. ~ . -- . Resolution No. 2935 K-Mart Addition Project June 23, 1992 Page Two WHEREAS, the City Council has reviewed and considered the information contained in the Final SEIR for the K-Mart Addition Project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande, California hereby: - 1. Certifies that the Supplement Environmental Impact Report for the K-Mart Addition Project has been prepared and completed in compliance with CEQA, and State CEQA Guidelines, and City's Rules and Procedures for the implementation of CEQA; and 2. Instructs the City Clerk to file a Notice of Determination. On motion of Council Member smith , seconded by Council Member: Dougall, and on the following roll call vote, to wit: AYES: Council Members smith, Dougall, Gallagher and Mayor Pro Tern M:Jots NOES: None ABSENT: Mayor Millis the foregoing Resolution was adopted this 23rd day of June, 1992. 4~ fYl~ GENE MOOTS, MAYOR PRO TEM A TrEST: ~a.~ NANCY A. D IS, CITY CLERK AS TO FORM: I, NANCY A. DAVIS, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify that the foregoing Resolution No. 2935 is a true, full and correct copy of said Resolution passed and adopted at a regular meeting of said -Council on the 23rd day of June, 1992. WITNESS my hand and the seal of the City of Arroyo Grande '__c affixed this 30th day of June , 1992. ~-- a. ~ IS, CITY CLERK -- . ATTACHMENT "A" STATEMENT OF SIGNIFICANT ENVmONMENTAL EFFECTS AND MITIGATION MEASURES BACKGROUND The California Environmental Quality Act (CEQA) and the State CEQA Guidelines promulgated pursuant thereto provide: I ! "No public agency shall approve or carry out a project for which an Environmental Impact Report has been completed and which identifies one I or more significant environmental effects of the project unless the public I agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rational for each finding. " (Section 15091) The City Council of the City of Arroyo Grande (the "City") propose to approve the K-Mart Addition (Conditional Use Permit Case No. 91-485, Architectural Review Case No. 91-466). Because the proposed action constitutes an action under CEQA and the CEQA Guidelines, the City has prepared a Supplement to the Environmental Impact Report (EIR) for Oak Park Acres (Tract 604). The Supplement EIR identified certain significant effects that may occur as a result of this project. Further, the City has determined that the Supplement EIR is complete and has been prepared in accordance with CEQA and the CEQA Guidelines and the "City of Arroyo Grande Rules and Procedures for the Implementation of the California Environmental Quality Act". I. TRAFFIC AND CmCULATION A. Effect: The proposed project will generate 456 ADT and 44 PM Peak Hour Trips, with a range of passer-by traffic of30% to 42.2%. Thus 264 to 319 ADT -- and 25 to 31 new PM Peak Hour trips will be generated. All of the project related traffic will impact the Arroyo Grande "Backbone Transportation System. " B. Mitil!ation: The following mitigation measures are recommended in the Supplement EIR: 1. Based on fulJ funding of the Oak Park Boulevard/HWY 101 intersection and construction that began in January 1992, the project will have an insignificant impact on this intersection. 2. A traffic Demand Management (TDM) program approved by the Planning Commission and Payment of a traffic mitigation fee of $66,400.00 for improvements on the backbone transportation system; OR payment of a traffic mitigation fee of $82,336.00 for improvements on the backbone transportation system. C. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the environmental effect as identified in the Final Supplement EIR. D. Statement of Facts: The Oak Park Boulevard/Highway 101 intersection is currently operating at level of service "F". Traffic generated by the proposed addition will exacerbate existing traffic congestion. However, this interchange is currently under reconstruction will full project funding. After reconstruction, I the traffic generated by the proposed project will have an insignifiCant effect on the in tersection. To mitigate impacts on the Backbone Transportation System, two alternative mitigation measures are provided. 1) The applicant can develop a TDM that effectively reduces employee trips on the backbone transportation system and provide a traffic a mitigation fee that would mitigate the remaining impact through providing a fair share of funds for reconstruction of Backbone improvements. Or 2) The applicant could simply pay a higher traffic mitigation fee to mitigate both employee and customer trips on the Backbone Transportation System. .--...---..- , > 0- , - Attachment "A" K-Mart Page Two II. WATER RESOURCES A. Effect: Development of the proposed project could result in a reduction of domestic water supplies through the increased size of the store, and increased number of customers and employees. This is partially off-set through a reduction in the size of the garden department. B. Mitieation: The following mitigation measures are recommended in the Supplement EIR: 1. All new construction shall utilize fixtures and designs which minimize _ water usage. Such fixtures and designs shall include, but are not limited to, low flow shower heads, water saving toilets, instant water heaters or hot water recirculating systems, drip irrigation with drought tolerant landscaping and so forth. 2. Prior to final occupancy of any structure, all water conserving designs or fixtures shall be installed. C. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the environmental effect as identified in the Final Supplement EIR. D. Statement of Facts: Mitigation measures 1 and 2 require project redesigns which will decrease the estimated water usage for this project. The decrease in water usage will result in the project not impacting domestic water supplies. III. GEOLOGY, SOILS, TOPOGRAPHY, AND HYDROLOGY - A. Effect: The proposed project results in 1,000 square feet of new impervious surface. While this impact is not deemed to be significant, a standard mitigation measure addresses potential impacts. B. Mitigation: The following mitigation measure is recommended in the Supplement EIR: 1. Standard city imposed drainage and grading conditions apply to the project. C. Finding: The project will not have a significant effect on geology, soils, topography, and hydrology, and changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the environmental effect as identified in the Final Supplement EIR. D. Statement of Facts: Any potential impacts to geology, soils, topography, and hydrology can be mitigated by complying with the requirements of the Uniform Building Code and the City's Grading Ordinance as required by standard City conditions. IV. SCENIC ASPECT (VISUAL RESOURCES) ~- A. Effect: The Final EIR identified the impacts of site development in the view corridor of U.S. Highway 101 as a "major adverse impact" to the scenic quality of the rural area. This original concern although still valid, is no longer a major adverse impact, however development of the site should be sensitive to views from the freeway. , , , ~.. Attachment "A" K-Mart Page Three B. Miti~ation: The following mitigation measure is recommended in the Supplement EIR: 1. Hold development to commercial retail use and not permit Freeway Service or highway commercial uses. -- C. Finding: The project will not have a significant effect on the scenic aspect since the proposed development is commercial retail use and not Freeway Service or highway commercial uses. D. Statement of Facts: The proposed development is in keeping with the recommendations of the Final EIR in that commercial retail use is proposed as required by the mitigation measure in the Final EIR. V. ARCHAEOLOGY A. ~: The Final EIR noted that no remains or artifacts were identified on the project site. However, sites are known to exist in the Arroyo Grande area. B. Mitigation: The following mitigation measure is recommended in the Supplement EIR: 1. In the event that during grading, construction or development of the I project, any archaeological resources are uncovered, all work shall be halted until the City has reviewed the resources for their significance. If human burials are encountered, the County Coroner (549-4513) shall be - contacted immediately. The applicant may be required to provide archaeological studies and/or mitigation measures. All grading plans shall be noted to reflect this mitigation. C. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the environmental effect as identified in the Final Supplement EIR. D. Statement of Facts: No impact to archaeological resources is expected, however any unexpected impacts can be mitigated by folIowing the requirements of Appendix K of the CEQA Guidelines as outlined in the above mitigation measure. - ---..