R 3740
RESOLUTION NO. 3740
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE CERTIFYING THE COMPLETION
OF AND MAKING FINDINGS 'AS TO THE REVISED FINAL
SUBSEQUENT ENVIRONMENTAL IMPACT REPORT
PREPARED FOR VESTING TENTATIVE TRACT MAP 01-
001 AND PLANNED UNIT DEVELOPMENT 01-
001(PREVIOUSLY KNOWN AS TRACT 1998)
WHEREAS, a Final Ma'ster Environmental Impact Report ("MEIR") for the Rancho
Grande Subdivision was prepared and certified in March 1991 for a 354-lot residential
subdivision which specified that a separate EIR, analyzed as part of the cumulative
impact analysis of the Rancho Grande Final EIR, must be submitted for a specific
project proposed for a cluster subdivision at the northeast comer of James Way and La
Canada; and
WHEREAS, in the twelve (12) plus years said MEIR was considered, many substantial
environmental changes have occurred, both as a result of changes in environmental
conditions, changes in laws relating to the environment, and as a result' of the
cumulative aspects resulting from additional approved development (reference PRC
Sec. 21157.6(b)); and
WHEREAS, a Subsequent Environmental Impact Report (the "SEIR") for Vesting
Tentative Tract Map 01-001 and Planned Unit Development 01-001, (the "Project") was
prepared by Rincon, Inc. (the "Consultant") for the City of Arroyo Grande (the "City")
pursuant to the California Environmental Quality Act (Public Resources Code Section
21000 et seq.), the Guidelines for Implementation of the California Environmental
Quality Act (14 Cal. Code Regs. Section 150QO et seq., hereinafter the "State CEQA
Guidelines") and local procedures adopted by the City pursuant thereto; and
WHEREAS, copies of the Draft SEIR were distributed to the State Clearinghouse and
to those public agencies which have jurisdiction by law with respect to the Project and
to other interested persons and agencies; and the comments of such persons and
agencies were sought; and
WHEREAS, the Draft SEIR was thereafter revised and supplemented to adopt changes
deemed necessary, and to incorporate comments received and the City's response
deemed necessary to those comments, and as so revised and supplemented, a Final
SEIR was prepared and submitted to the Planning Commission of the City of Arroyo
Grande for review and consideration at the special meeting of April 30, 2003 and the
regular meeting of May 7, 2003; and
RESOLUTION NO. 3740
PAGE 2 of4
WHEREAS, at its duly noticed meetings conducted on April 30, 2003 and May 7,2003
the Planning Commission recommended that the City Council accept and certify the
Final SEIR prepared for the project with additional comments and clarifications; and
WHEREAS, a duly noticed public hearing was held by the City Council on May 13, 2003
to consider the Final SEIR relating thereto, following notice duly and regularty given as
required by law, and all interested persons expressing a desire to comment thereon or
object thereto having been heard, and said Final SEIR, which consisted of the Draft
SEIR, as revised and supplemented, incorporating all comments received and the
response of the City as of the date hereof, having been considered; and
WHEREAS, the Final SEIR was found to require significant, new information and a new
project alternative was requested by the applicant to be analyzed in the document,
requiring recirculation ofthe document; and
WHEREAS, said additional investigation and analysis work was duly authorized and
performed; and
WHEREAS, copies of the Revised Draft SEIR were distributed to the State
Clearinghouse and to those public agencies which have jurisdiction by law with respect
to the Project and to other. interested persons and agencies, and the comments of such
persons and agencies were sought; and
WHEREAS, at its duly noticed meeting on March 2, 2004 the Planning Commission
recommended that the City Council accept and certify the Revised Final SEIR prepared
for the project with additional comments and clarifications; and
WHEREAS, a duly noticed public hearing was held by the City Council on April 13,
2004 to consider the Revised Final SEIR relating thereto, following notice duly and
regularty given as required by law, and all interested persons expressing a desire to
comment thereon or object thereto having been heard, and said Revised Final SEIR,
which consists of the Final SEIR, as revised and supplemented, incorporating all
comments received and the response of the City as of the date hereof, having been
considered.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Arroyo
Grande does hereby:
Section 1. Certify that the Revised Final SEIR for the Project has been completed in
compliance with the California Environmental Quality Act (CEQA), the State CECA
Guidelines and local procedures adopted by the City pursuant thereto and that the
Revised Final SEIR reflects the independent judgment and analysis of the City Council,
as required by Public Resources Code Section 21082.1 and Section 15090 of the
CECA Guidelines with the following additions/revisions:
RESOLUTION NO. 3740
PAGE 3 of4
1. Mitigation measure B-2(a) be revised to indicate a 50-foot setback from the top
of creek bank to buffer wetland and riparian areas;
2. Mitigation measure B-4(a) be revised to indicate a 50-foot setback from Pismo
clarkia occurrences to buffer Pismo clarkia habitat
3. Mitigation measure B-3(a) be revised to indicate a more than 3:1 ratio for oak
tree relocation and/or rep.
4. The mitigation-monitoring program shall include the establishment of a
Maintenance District to supplement a Home Owner's Association as the
mechanism for long-term monitoring of mitigation measures related to biological
impacts.
Section 2. Independently review and analyze the Revised Final SEIR and consider the
information contained therein and all comments, written and oral, received at the public
hearing on the Revised Final SEIR.
On motion of Council Member Costello, seconded by Council Member Runels, and on
the following roll call vote, to wit:
AYES: Council Members Costello, Runels, Dickens and Mayor Ferrara
NOES: None
ABSENT: Council Member Lubin
The foregoing Resolution was passed and adopted this 13th day of April, 2004.
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RESOLUTION NO.
PAGE 4 of4
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TONY M. FE RA, MAYOR
A TIEST:
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KELLY TMO E,' DIRECTOR OF ADMINISTRATIVE SERVICESI
DEPUTY CITY CLERK
APPROVED AS TO CONTENT:
,
~N ~. CnYMANAGER
APPROVED AS TO FORM:
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1
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RESOLUTION NO. 3740
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OFFICIAL CERTIFICATION
I, KELLY WETMORE, Director of Administrative Services/Deputy City Clerk of
the City of Arroyo Grande, County of San Luis Obispo, State of California, do
hereby certify under penalty of perjury, that Resolution No. 3740 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 13thday of April, 2004.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 15th
day of April, 2004.
. / (tfJ../IJL
KELLY ET ORE, DIRECTOR OF ADMINISTRATIVE SERVICESJ
DEPUTY CITY CLERK
)
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