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Minutes 1991-04-30 . " 3 9 9 ' MINUTES REGULAR ADJOURNED MEETING OF THE CITY COUNCIL TUESDAY, APRIL 30, 1991 CITY COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, cALIFORNIA The city Council of the City of Arroyo Grande met at 7: 30 P.M., with Mayor Mark M. Millis presiding. FLAG SALUTE Mayor Millis led the Pledge of Allegiance to our Flag. ROLL CALL Present were Mayor, Millis and Council Members A. K. "Pete" Dougall, Gene Moots and B'Ann smith. Council Member Doris Olsen was absent. Staff members present were City Manager Chris Christiansen, City Attorney Judy Skousen, City Clerk Nancy Davis, Planning Director Doreen Liberto-Blanck, Current Planner Scott ~ Spier ling and Public Works Director Paul Karp. 1. PROCLAMATION. "POLICE WEEK." MAY 12 - 18. 1991. AND "PEACE OFFICERS MEMORIAL DAY." MAY 15. 1991 Mayor Millis read the proclamation, and accepting it on behalf of the Police Department was Lt. Bill Andrews. I 2. RA~CHO GRANDE PLANNED DEVELOPMENT Received into the record were letters from Dr. V. L. Holland, April 30, 1991; Michael P. Durkee of McCutchen, Doyle, Brown and Enersen, April 30, 1991; Peter C. Miller of Ottse, Inc., April 30, 1991; Phil Ashley, San Luis Obispo, April 25 and 30, 1991; James L. Lidberg, california Department of Fish and Game, April 29, 1991; Ray Belknap, Land Conservancy of San Luis Obispo County, April 29, 1991, and Dr. Roger Gambs, San Luis Obispo, April 29, 1991. Michael Multari of crawford, Multari and Starr, Rancho Grande consultants for the city, referred, to his April 27, 1991 Memorandum I to the Council. He listed three applicant-requested minor changes to the conditions of approval for the tract maps, and said Staff feels that the proposed changes are acceptable. He said they concern setbacks, sidewalks, and the filing of multiple final maps. He said the changes do not significantly affect the substance of the previously drafted conditions, but clarify them. He said there were Staff recommended changes to conditions, one of which is Condition No. 3 of all three tract maps which requires the applicant to pay for the costs of defending the City in case of legal action brought against the City because of the approval. He said this is expressly allowed by the Subdivision Map Act, and it seems reasonable to make the developer pay for defending challenges to any approvals granted by the city, rather than using city funds to, in effect, defend Rancho Grande. He said Staff also recommended a new condition for all three tract maps which involved off-site habitat acquisition for badgers and other common animals. He said based on some input from the Department of Fish and Game and others, some minor adjustments are ,. proposed. He said prior to recordation of the final map for Tract 1834, 1994 or 1997, the applicant shall contribute a one-time fee .of $25,000 to the City which shall be used to provide a grant to the San Luis Obispo County Land Conservancy, or other suitable non- profit organization. He said furthermore, prior to issuance of the building permit for any house in the tract, a fee of $100.00 shall be paid to the city, which shall be granted to the Land Conservancy (or other non-profit organization) to be used for implementation of the open space/habitat acquisition and maintenance program. Mr. Multari answered concerns expressed in the letter dated April 25, 1991 from Mr. Ashley. Mr. Multari Baid Mr. Ashley's participation in the process had a direct impact on the outcome of the proceedings. In response to Mr. Ashley's charge that the 1977 Rancho Grande Environmental Impact Report had not been mentioned in 400 - CITY COUNCIL MINUTES APRIL 30, 1991 the proceedings, Mr. Multari said the planning Commission, Council and current ErR consultant reviewed the 1977 EIR and excerpts from it were included in the current Final EIR. He said there was substantial mitigation of the major habitats types, the riparian, the oak woodland and the grassland. He said the Wildlife Study (in the Final EIR) by Dr. Michael Hanson was not meant as a comprehensive replacement of the Draft EIR wildlife analysis, but as an augmentation and expansion on that analysis. Mr. Multari said he believed the concerns of Mr. Ashley with regard to Mitigation for Loss of Grassland and Savanna, Mitigation for the pismo Clarkia, Protectian of the Torrey Pines, Wildlife Corridors on Tract 1834 East and Protection of Coastal Scrub Habitat had been considered and acted upon. Mr. Multari spoke about the letter from George and Diane Baron concerning a view analysis on certain lots in Tract 1994. He -...I recommended that there be reasonable opportunity for review and comment by the neighbors whose views may be affected, before the city approves a view protection plan for the area. Mr. Multari said he had met with Dr. Gambs and Dr. Holland to discuss their concerns about the grassland/transition area losses in the project. He said they were supportive of the intent of an off-site mitigation program to acquire similar habitat areas elsewhere in the project. After having a conversation with a representative of Caltrans, Mr. Multari said he was recommending three explicit findings concerning, (1) the city's Development Agreement with Rancho Grande, (2) traffic mitigation reducing potential impacts to less than significant levels, and (3) the finding that most of the traffic from the project is expected to occur after the Oak Park interchange is improved. Referring to his April 30, 1991 Memorandum to the city Council, Mr. Multari said Mr. Lidberg of the Department of Fish and Game had suggested some modifications to certain proposed mitigation measures. Mr. Multari said all Mr. Lidberg's suggestions had been incorporated into the mitigation measures, except the one concerning the loss of badger habitat. He said Staff was recommending the new condition which concerns off-site habitat acquisition"as mentioned above. He said summary recommendations are as follows: (1) Adopt the resolution certifying the EIR, based on findings attached thereto. (2) Adopt the PO-rezone ordinance approving the General Development Plan for the "unplanned areas," based on the findings and subject to the conditions and mitigation attached thereto. (3) Adopt the resolutions approving the specific Development Plans , and the Tentative Tract Maps for Tracts 1834, 1994 and 1997, based ~ on the findings and subject to the conditions and mitigation . attached thereto, including the new condition discussed above. ci ty Attorney Skousen explained the resolution which the Council would approve certifying the final Environmental Impact Report and adopting California Environmental Quality Act findings. She discussed the Resolution's Attachment "A," in detail. She said the attachment included: I. An Introduction II. Findings Reqardinq Environmental ImQacts Identified in the EIR as Being Potentially Siqnificant. Although Recommended Mitigation Measures Will Reduce Such Impacts to a Less-Than-Significant Level l .____."_..u. --'-"-"-'---~"-"'-'-'---"- ~ ---- - . "''''''-'''--''. . 401 CITY COUNCIL MINUTES APRIL 30, 1991 III.Other Findings Reoarding ImDacts of Project IV. Findings Reqardinq Environmental ImDacts Identified in the EIR as Havino Less-Than-significant Effects on the Environment. Althouoh certain Actions Could Further Reduce Such ImDacts V. proiect Alternatives VI. Statements of Overriding Considerations VII.Findings Reoardinq Monitorino or Re90rting of CEOA Mitiqation Measures It was moved by smith/Dougall (4-0-1, Smith, Dougall, Moots and Millis voting aye, Olsen absent) to approve Resolution No. 2466 Certifying the Final Environmental Impact Report Prepared for the "Rancho Grande" Project Applications and Adopting Findings and a Statement of Overriding Considerations Relative to Such Applications. It was moved by Dougall/Smith (4-0-1, Dougall, Smith, Moots I and Millis voting aye, Olsen absent) to adopt Ordinance No. 438 I C.S. Approving PD-Rezone No. 90-221 and a General Development Plan I for the Portions of the Property Previously Designated as "Unplanned Areas" in "Rancho Grande" Planned Development. It was moved by Smith/Dougall (4-0-1, Smith, Dougall, Moots and Millis voting aye, Olsen absent) to approve Resolution No. 2467 Approving Specific Development Plan No. 90-01 and Vesting Tentative Tract Map No. 1834, for property Generally Located Northeast of James Way in the "Rancho Grande" Planned Development. It was moved by Dougall/Smith (4-0-1, Dougall, Smith, Moots and Millis voting aye, Olsen absent) to approve Resolution 2468 Approving Specific Development Plan No. 90-03 and Vesting Tentative Tract Map No. 1994, for Property Generally Located Between James Way and Rancho Parkway in the "Rancho Grande" Planned Development. It was moved by Smith/Dougall (4-0-1, Smith, Dougall, Moots and Millis voting aye, Olsen absent) to approve Resolution 2469 Approving Specific Development Plan No. 90-04 and Vesting Tentative Tract Map No. 1997, for Property Generally Located Northwest of James Way in the "Rancho Grande" Planned Development. ADJOURNMENT It was moved by smith/Dougall, and the motion passed to adjourn at 8:08 P.M. , ~~'- i1ftL MAJfK . MILLIS: Y R ATTEST: O. ~ AVIS, CITY CLERK '.__nn_