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ORDINANCE NO. 2026-002
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE AMENDING SECTION 1.01.010 OF TITLE 1 (GENERAL
PROVISIONS), AND VARIOUS SECTIONS OF CHAPTER 13.26 OF
TITLE 13 (ENCROACHMENT PERMITS) OF THE ARROYO GRANDE
MUNICIPAL CODE
WHEREAS, in June 2009, the City Council adopted the Fiscal Year 2009-10 Budget
which affected organizational changes that occurred as a result of a major restructuring
of City departments; and
WHEREAS, staff have reviewed various sections of the Municipal Code for consistency
with current operations; and
WHEREAS, the City Council now desires to amend Sections 1.01.010, 13.26.010,
13.26.020, 13.26.030, 13.26.040, 13.26.050 , and 13.26.060 of the Arroyo Grande
Municipal Code as described below.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES
ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The recitals above are true and correct and are incorporated
herein by reference and adopted as findings by the City Council.
SECTION 2. CEQA Compliance. The City Council finds that the recommended actions
to make administrative amendments in Title 1, and Title 13 of the Arroyo Grande
Municipal Code (“AGMC”) are not subject to the California Environmental Quality Act
(“CEQA”) because these efforts have no potential to result in either a direct, or
reasonably foreseeable indirect, physical change in the environment. (State CEQA
Guidelines, §§ 15060 (c)(2) and (3), 15378). Alternatively, the organizational changes
made by the amendments to Title 1, and Title 13 of the AGMC by this Ordinance are not
a project under CEQA because such changes constitute organizational or administrative
activities of a government that will not result in direct or indirect physical changes in the
environment. (State CEQA Guidelines § 15378(b)(5).)
SECTION 3. Amendment. Section 1.01.010, Adoption, of the Arroyo Grande Municipal
Code is hereby amended to read in its entirety as follows:
1.01.010 - Adoption.
There is hereby adopted the "Arroyo Grande Municipal Code", as compiled, edited and
published by Matthew Bender & Co, Inc., Charlottesville, Virginia, a copy of which is on
file in the office of the City Clerk and incorporated herein by this reference.
SECTION 4. Amendment. Section 13.26.010, Application, of the Arroyo Grande
Municipal Code is hereby amended to read in its entirety as follows:
ORDINANCE NO. 2026-002
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Section. 13.26.010 Application.
Any person desiring to encroach upon, or to cause, allow or make any encroachment
into the public right-of-way must first obtain a permit to do so. Applicants shall file an
application with the director of public works or authorized agent to obtain a permit. The
application shall be in the form prescribed by the city, and shall have the following
information (as applicable):
A. Location of the encroachment;
B. The reason or necessity for encroachment;
C. Estimated time to begin and complete the work or placement of an encroachment;
D. Plans and specifications covering the encroachment as may be required by the city;
E. Length of time encroachment will be kept in place;
F. Each permit shall expressly state, and the permittee shall agree, that in all cases a
minimum sidewalk width of five feet shall be kept clear of any obstruction at all times;
G. Name, address and phone number of the person responsible for maintaining the
encroachment during the term of the encroachment;
H. Other information as may be required by the director of public works or authorized
agent.
All terms and conditions of this chapter shall be incorporated by reference into any
permit issued by the city.
SECTION 5. Amendment. Section 13.26.020, Approval/conditional approval, of the
Arroyo Grande Municipal Code is hereby amended to read in its entirety as follows:
Section 13.26.020 Approval/conditional approval.
Upon receiving an application to encroach upon the public right -of-way, the director of
public works or authorized agent shall issue, conditionally issue or deny it. If the
application is approved, or conditionally approved, the public works director or
authorized agent shall cause the deposit, if any, to be paid into the city treasury and/or
such surety bond, if any, to be deposited with the administrative services director, and
shall issue a written permit authorizing the encroachment. The permit shall include all of
the conditions required by this code and any conditions set by the public works director
or authorized agent. In the event that application is denied, any deposit made or bond
submitted in connection therewith shall be forthwith returned to the applicant. An
applicant, if dissatisfied with the denial or with any condition attached to an approval,
may appeal the decision pursuant to Section 1.12.010 of this code.
SECTION 6. Amendment. Section 13.26.030, Fee, of the Arroyo Grande Municipal
Code is hereby amended to read in its entirety as follows:
13.26.030 - Fee.
A fee for encroachment permits shall be established by resolution of the city council and
shall be paid to the city at the time of issuance or renewal of any encroachment permit.
Public utility companies operating under franchise agreement with the city ma y pay
annually for permit fees or provide a deposit in advance of the estimated amount of
permit applications subject to an agreement approved by the director of public works or
authorized agent.
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SECTION 7. Amendment. Section 13.26.040, Length of time valid, of the Arroyo
Grande Municipal Code is hereby amended to read in its entirety as follows:
13.26.040 - Length of time valid.
Encroachment permits shall be issued for a specific length of time, which shall not
exceed a reasonable time necessary as determined by the director of public works or
authorized agent. In the absence of any prior agreement to the contrary, no cause shall
be necessary to be shown or proven for the city council to modify, revise or revoke any
encroachment permit or deny an original or renewal request. Utility companies will not
be required to have a current permit to conduct any maintenance that does not req uire
any cutting of concrete or asphalt and/or excavation.
SECTION 8. Amendment. Section 13.26.050, Cleaning/sweeping, of the Arroyo
Grande Municipal Code is hereby amended to read in its entirety as follows:
13.26.050 - Cleaning/sweeping.
Permittees shall be required to clean/sweep that portion of the right -of-way encroached
upon. Unless authorized by the director of public works or authorized agent, no material
or debris shall be allowed to remain in the right-of-way.
SECTION 9. Amendment. Section 13.26.060, Security deposit, of the Arroyo Grande
Municipal Code is hereby amended to read in its entirety as follows:
13.26.060 - Security deposit.
Unless waived by the director of public works or authorized agent, a deposit shall be
required prior to the issuance of an encroachment permit involving construction in the
street right-of-way. The deposit shall be either cash, cashier's check, certified check,
certificate of deposit, surety bond issued by a company authorized to do business in the
state, or other form acceptable to the public works director. The director of public works
or authorized agent shall set the amount of the deposit based on potential damage to
public property which may be caused by the project or which will result if the project is
not completed. All deposits shall remain in force for a period of one year from the date
of expiration of the encroachment permit, at which time the administrative services
director shall be authorized and directed to return the cash deposit or bond or other
security posted by the permittee to the permittee. The amount returned will no t include
any interest, unless required by prior agreement or law.
SECTION 10. Savings Clause. Neither the adoption of this Ordinance nor the repeal
of any other ordinance of this City shall in any manner affect the prosecution for
violations of ordinances, which violations were committed prior to the effective date
hereof, nor be construed as a waiver of any penalty or the penal provisions applicable
to any violation thereof.
SECTION 11. Severability. If any section, subsection, subdivision, sentence, clause,
phrase, or portion of this Ordinance is, for any reason, held to be invalid or
unconstitutional by the decision of any court of competent jurisdiction, such decision shall
not affect the validity of the remaining portions of this Ordinance. The City Council hereby
declares that it would have adopted this Ordinance and each section, subsection,
subdivision, sentence, clause, phrase, or portion thereof irrespective of the fact that any
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one or more sections, subsections, subdivisions, sentences, clauses, phrases, or
portions thereof be declared invalid or unconstitutional.
SECTION 12: Effective Date. This Ordinance shall take effect and be in full force and
effect thirty (30) days after its passage.
SECTION 13: City Clerk’s Certification. The City Clerk shall certify to the adoption of
this Ordinance and cause the same to be posted at the duly designated posting
places within the City and published once within fifteen (15) days after passage and
adoption as required by law; or, in the alternative, the City Clerk may cause to be
published a summary of this Ordinance and post a certified copy of t he text of this
Ordinance in the Office of the City Clerk five (5) days prior to the date of adoption
of this Ordinance, and, within fifteen (15) days after adoption, the City Clerk shall
cause to be published the aforementioned summary and shall post a certified copy
of this Ordinance, together with the vote for and against the same, in the Office of
the City Clerk.
On motion of Council Member Guthrie, seconded by Council Member Secrest, and on
the following roll call vote to wit:
AYES: Council Members Guthrie, Secrest, Loe, and Mayor Ray Russom
NOES: Council Member Maraviglia
ABSENT: None
the foregoing Ordinance was adopted this 24th day of March, 2026.
CAREN RAY RUSSOM, MAYOR
ATTEST:
JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
MATTHEW DOWNING, CITY MANAGER
APPROVED AS TO FORM:
ISAAC ROSEN, CITY ATTORNEY
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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 Ordinance No. 2026-002 which was introduced at a
regular meeting of the City Council on March 10, 2026; was passed
and adopted at a regular meeting of the City Council on the 24th
day of March 2026; and was duly published in accordance with State
law (G.C. 40806).
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this
26th day of March, 2026.
JESSICA MATSON, CITY CLERK