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R 4262 RESOLUTION NO. 4262 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING A MITIGATED NEGATIVE DECLARATION, INSTRUCTING THE CITY CLERK TO FILE A NOTICE OF DETERMINATION, AND APPROVING CONCEPT DESIGNS FOR SHORT STREET /CENTENNIAL PARK AND DEVELOPMENT AND REDEVELOPMENT OF 200 AND 208 E. BRANCH STREET PROJECT APPLIED FOR NKT COMMERCIAL WHEREAS, the City Council of the City of Arroyo Grande has considered preliminary design for the Short Street/Centennial Park project and the concept designs for development of the 200 East Branch Street property; and WHEREAS, the City has been in negotiations with NKT Commercial and have prepared a Purchase of Sale and Improvement Agreement with NKT Commercial for acquisition of . property at 300 East Branch Street, sale of City property at 200 East Branch Street, 208 East Branch Street and the parking area in between, development of a 5,700 square foot commercial building at Short Street and East Branch Street, and adaptive reuse of the 208 East Branch Street building; and WHEREAS, NKT Commercial has prepared altematives design concepts and are proposing Alternative No. 1; and WHEREAS, the City Council has held a public hearing on this application in accordance with the Municipal Code; and WHEREAS, the City Council finds that this project is consistent with the City's General Plan, Development Code and the environmental documents associated therewith, and has reviewed the draft Negative Declaration with mitigation measures under the provisions of the Califomia Environmental Quality Act (CEQA); and WHEREAS, the City Council finds, after due study, deliberation and public hearing, the following circumstances exist: Required CEQA Findings: 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 design concept for Centennial Square, Short Street/Centennial Park alternatives and for design concepts for the development and redevelopment of 200 and 208 Short Street. 2. Based on the initial study, a Mitigated Negative Declaration was prepared for public review. A copy of the Mitigated Negative Declaration and related materials is located at City Hall in the Community Development Department. RESOLUTION NO. 4262 PAGE 2 3. After holding a public hearing pursuant to State and City Codes, and considering the record as a whole, the City Council adopts a Mitigated Negative Declaration and finds 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. Further, the City Council finds that said Mitigated Negative Declaration reflects the City's independent judgment and analysis. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby adopts a Mitigated Negative Declaration, instructs the City Clerk to file a notice of determination, and approves the concept design for the Short Street/Centennial Park project, development and redevelopment of 200 and 208 E. Branch Street. On a motion by Council Member Guthrie, seconded by Council Member Arnold, and by the following roll call vote to wit: AYES: Council Members Guthrie, Amold, Costello, and Mayor Ferrara NOES: Council Member Fellows ABSENT: None the foregoing Resolution was adopted this 23r day of February 2010. RESOLUTION NO. Ha.toa- PAGE 3 I / J N - ' ..ia/ TONY FE j+ 'I. , MAYOR ATTEST: r4 QD ijt6,cuo t._- KELLY TM/RE, CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER I APPROVED AS TO FORM: 4"-- TIM � HY J. EL, CITY ATTORNEY OFFICIAL CERTIFICATION I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that the attached Resolution No. 4262 is a true, full, and correct copy of said Resolution passed and adopted at a Regular meeting of the City Council of the City of Arroyo Grande on the 23 day of February 2010. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 25 day of February 2010. (/LX `I KELLY E ORE, CITY CLERK