R 3133
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RESOLUTION NO. 3 1 33
A RESOLUTION OF THE CITY COUNCIL OF THE Crry
OF ARROYO GRANDE ADOPTING A NEGAllVE
DECLARATION WITH A MITIGATION MEASURE AND
INSTRUCTING THE CITY CLERK TO FILE A NOTICE OF
DETERMINATION FOR ADOPTION OF THE 1994
UNIFORM F1RE CODE INCLUSIVE OF FIREWORKS
RELATED AMENDMENTS.
WHEREAS, the City Council of the City of Arroyo Grande has considered adoption of
the 1994 Uniform Fire Code inclusive of fireworks related amendments; and
WHEREAS, the City Council has reviewed the initial study and draft negative
declaration for adoption of the 1994 Uniform Fire Code inclusive of fireworks related
amendments; and
WHEREAS, the initial study and draft negative declaration have been prepared,
circulated and noticed pursuant to the California Environmental Quality Act ("CEQA It), the State
CEQA Guidelines, and the City's Rules and Procedures for the Implementation of CEQA; and
WHEREAS, a duly noticed public hearing was held by the City Council of the City of
Arroyo Grande on Apri19, 1996, at which time all interested persons were given the opportunity
to be heard; and
WHEREAS, after due study, deliberation, and public hearing, the City Council finds that
the following circumstances exist:
1. Use of fireworks by private individuals increases the fire hazard in areas with flammable
brush, grass, or trees. This impact can be mitigated by having additional police and fire
staff on duty during the span of time that fireworks are likely to be discharged. The
additional staffing will help to ensure that fireworks are used in a safe manner and if a
fire is started, it will be quickly extinguished.
2. Adoption of the proposed ordinance will result in additional demands on fIre and police
personnel to ensure the safety of Arroyo Grande residents. This impact can be mitigated
by providing additional staffing. Additional staffing will supplement existing staffmg and
maintain an adequate level of service for Arroyo Grande residents.
3. Although the proposed project could have a significant effect on the environment, there
will not be a significant effect in this case because one (1) mitigation measure described
in the negative declaration, and adopted as part of this resolution has been added to the
project.
Department of FISh and Game Required Fmdings of Exemption
l. The City of Arroyo Grande has prepared an initial study pursuant to Section 15063 of
the Guidelines of the California Environmental Quality Act (CEQA) for adoption of the
1994 Uniform Fire Code inclusive of fireworks related amendments.
2. Based on the initial study, a negative declaration bas been drafted for review by the
public, and review and approval by the City Council.
Resolution No.3 1 33 :
April 9, 1996
Page Two
3. After holding a public hearing pursuant to State and City Codes, and considering the
record as a whole, the City Council adopted the negative declaration and found that there
is no substantial evidence of any significant adverse effect, either individually or
cumulatively on wildlife resources as defined by Section 711.2 of the Fish and Game
Code or on the habitat upon which the wildlife depends as a result of this project.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo
Grande hereby adopts a negative declaration with the following mitigation measure and instructs
the City Clerk to file a Notice of Determination for adoption of the 1994 Uniform Fire Code
inclusive of fireworks related amendments.
MITIGATION MEASURE
1. The City shall staff an additional fire engine from 9:00 a.m. July 1st through 9:00
a.m. July 5th; add one (1) additional police officer for three (3) days at ten (10)
honrs per day; and add two (2) additional police officers on July 4th for 10 hours
each.
Time Frame: July 1st through July 5th annually
Monitoring Department: Police Department and Building and Fire Department
On motion of Council Member Brandy , seconded by Council Member Souza ,
and by the following roll call vote, to wit:
AYES: Council Members Brandy, Souza, Fuller, and Mayor Dougall
NOES: None
ABS~:Council Member Lady
the foregoing Resolution was adopted this 9thday of April
ATIEST:
'11~a.~
NANCY A. A VIS, CITY CLERK
APPROVED AS TO CONTENT:
PdeJTL. ttaGI
ROBERT L. HUNT, CITY MANAGER
APPRoVED AS TO FORM:
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, CITY ATTORNEY
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Resolution No. 3133
page 3
OFFICIAL CERTIFICATION
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. 3133 is a
true, full, and correct copy of said Resolution passed and adopted
at a regular meeting of said Council on the 9th day of April, 1996.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed
this 15th day of April, 1996.
a. ~
NANCY A. AVIS, CITY CLERK
CITY OF ARROYO GRANDE