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R 3218 .. r ._... RESOLUTION NO. 321 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DENYING THE APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF TENTATlYE TRACT MAP NO. 2207 AND CONDITIONAL USE PERMIT 96-543 (P.U.D. PERMIT) AND ASSOCIA TED ARCHITECTURAL REVIEW WHEREAS, on December 17, 1996 the Planning Commission held a public hearing pursuant to State Law and City Codes on Tentative Tract Map No. 2207 and Conditional Use Permit 96-543 (P.U.D. Permit); and WHEREAS, after due study, deliberation and public hearing, the Planning Commission approved said Tentative Tract Map and Conditional Use Permit by Resolution No. 96- 1597; and WHEREAS, on December 20, 1996 Herman and Helen Olave and residents of the Jones Tract, fifed an appeal of the Planning Commission's approval, contending that the primary tract access approved by the Planning Commission will require roadway improvements for safety and additional traffic will be generated by other projects; and WHEREAS, the City Councif of the City of Arroyo Grande held a duly noticed public hearing on January 28, 1997, a public meeting on April 3, 1997, and a noticed public hearing April 22, 1997 to consider said appeal; and WHEREAS, the City Council has considered the negative declaration and finds, on the basis of the expanded initial study and comments received, that there is no substantial evidence that the project will have a significant effect on the environment and approves said negative declaration; and WHEREAS, after due study, deliberation, and public hearing, the City Councif finds that the following circumstances exist relative to said appeal: 1. Providing primary tract access from Orchard Avenue will not lower the level of service of any road or intersection within the project area or require improvements to said road or intersections. As stated in the report of Willdan Associates dated November 12, 1996 (the "Willdan Report"), "the proposed project will not cause a significant impact on the peak period operating conditions at any of the 8 intersections studied. Each of the intersections studied will continue to operate at an acceptable level of service (LOS A-C) for each peak traffic period during post project conditions. n 2. Providing primary tract access from Orchard Avenue will not result in any unsafe conditions that have not been mitigated by tract conditions or mitigation measures. Reference is made to Conditions of Approval 8, 9,45, 52, 53, 56, 88, 108, 109 and Mitigation Measures 9, 10, 1 2, 1 3, 14 and 15. Additionally, the Willdan Report indicates that the project will generate 45 vehicle trips during anyone hour period on Orchard Avenue, and that all existing streets and intersections in the project area are capable of supporting this increase in traffic volume. Further, the Willdan Report states that "the proposed project will not significantly impact vehicle, pedestrian, or bicycle circulation within the study area. " _._~ ------ " . I" .'_ ~ Resolution No. ~ 2 1 8 April 22, 1997 Page 2 3. Orchard Avenue is the only publicly maintained road that provides direct access to the proposed project site and is the only feasible primary access to the proposed project site. Reference is made to a memorandum from Jim Garing to Robert L. Hunt dated March 26, 1997. NOW THEREFORE, BE IT RESOL VEC that the City Council of the City of Arroyo r Grande hereby denies the appeal of the Planning Commission's approval of Tentative I, Tract Map No. 2207 and Conditional Use Permit 96-543 (P.U.D. Permit) and associated Architectural Review based on the staff report, the expanded initial study and the findings set forth herein and incorporates by reference and adopts as its own the findings, conditions of approval and mitigation measures contained in Planning Commission Resolution No. 96-1597, as amended. On motion by Council Member :Fuller I seconded by Council MemberTollelland by the following roll call vote, to wit: AYES: Council Member Fuller, Tolley, and Mayor Dougall. NOES: Council Member Lady ABSTAIN: Council Member Runels the foregoing Resolution was adopted this 22nd day or April, 1997. ATTEST: APPROVED AS TO CONTENT: ~ l.. Hl1A7J ROBERT L. HUNT, CITY MANAGER APPROVED AS TO FORM: ---_.._~ --'---'--- ______. ___u"'__n .~ .~- "" ,. "<1,'" , . RESOLUTION NO. 3218 Page 3 I, NANCY A. DAVIS, 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 foregoing Resolution No. 3218 is a true, full, and correct copy of said Resolution passed and adopted at a meeting of the Arroyo Grande City CounciVRedevelopment Agency on the 22nd day of April, 1997. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 25th day of April, 1997. 71 ~~--- ~--- ---"---