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R 5272 RESOLUTION NO. 5272 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ACCEPTING PUBLIC IMPROVEMENTS FOR PARCEL MAP 17-0073, LOCATED AT 189 BRISCO ROAD BY EDWARD SHAPIRO WHEREAS, the Planning Commission approved Tentative Parcel Map 15-002 and Planned Unit Development 15-002 on May 3, 2016; and WHEREAS, the project was conditioned to complete certain public improvements pursuant to Planning Commission Resolution on No. 16-2252 adopted by the Arroyo Grande Planning Commission on May 3, 2016; and WHEREAS, the developer has constructed the improvements required by the conditions of approval for Parcel Map 17-0073 in November 2022; and WHEREAS, staff has inspected the improvements in January 2023 and find they are constructed in accordance with the approved plans for the project. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Arroyo Grande hereby accepts public improvements for Parcel Map 17-0073, located at 189 Brisco Road, including public curb, gutter, storm drain facilities, drive approach, water lines and sewer lines. The City Council finds the acceptance of the public improvements, which were a required Condition of Approval for the underlying entitlements, is not a project subject to the California Environmental Quality Act(CEQA) because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.) Further, and in the alternative, the scope of the public improvements required for the project were studied as part of the Project's MND, and City Council's action to now accept those public improvements is exempt from CEQA on the basis that it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. (State CEQA Guidelines, § 15061, subd. (b)(3).). On motion of Council Member Barneich, seconded by Council Member Guthrie, and on the following roll call vote, to wit: AYES: Council Members Barneich, Guthrie, Secrest, George, and Mayor Ray Russom NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 28th day of February, 2023. { 3 RESOLUTION NO. 5.D 70- PAGE 2 A CAREN RAY R lik •M, MAYOR ATTEST: -7) SSICA MATSON, CITY CLERK APPROVED AS TO CONTENT: 1 1 'qv". WHITNEY DONALD-J, CITY MANAGER APPROVED AS TO FORM: IS C ROSEN, INTERIM CITY ATTORNEY OFFICIAL CERTIFICATION I, JESSICA MATSON, 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. 5272 was passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 28th day of February, 2023. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 7th day of March, 2023. SSICA MATSON, CITY CLERK