O 527 C.S.
ORDINANCE NO. 527 C.S.
AN ORDINANCE OF THE CITY COUNCil OF THE CITY
OF ARROYO GRANDE AMENDING TITLE 9, CHAPTER 14
OF THE MUNICIPAL CODE TO EXPAND THE CITY'S
CREEK DEDICATION REQUIREMENT FOR NEW
DISCRETIONARY PROJECTS TO INCLUDE THE AREA 25
FEET FROM THE TOP OF THE STREAM BANK FOR
ARROYO GRANDE CREEK AND ITS TRIBUTARIES AND
MEADOW CREEK AND ITS TRIBUTARIES
WHEREAS, Section 9-14.060(R) of the Municipal Code includes creek dedication
requirements for subdivisions and development projects that abut Arroyo Grande
Creek or its tributaries; and
WHEREAS, the City Council of the City of Arroyo Grande has determined that
expanding the creek dedication requirements to include Meadow Creek and its
tributaries is critical to the preservation and protection of riparian and biological
habitats and is in the best interests of the City of Arroyo Grande; and
WHEREAS, the City of Arroyo Grande has conducted an environmental review for
adoption of an ordinance expanding creek dedication requirements to other creeks
in Arroyo Grande and has found that it can be seen with certainty that there is no
possibility that the proposed amendment to Section 9-14.060(R) of the Municipal
Code will have an effect on the environment and therefore is exempt from the
provisions of CEQA; and
WHEREAS, the City Council of. the City of Arroyo Grande has reviewed and
considered the information in the proposed document and staff report, as well as
public testimony presented at the hearing and has made the following findings of
fact:
A. The proposed amendment to Section 9-14.060(R) of the Municipal Code is
consistent with the goals, objectives, policies, and programs of the General
Plan, and is desirable in order to implement the provisions of the General
Plan.
B. The proposed amendment to Section 9-14.060(R) of the Municipal Code will
not adversely affect the public health, safety, and welfare.
C. The proposed amendment to Section 9-14.060(R) of the Municipal Code is
consistent with the purpose and intent of Title 9.
ORDINANCE NO. 527 C.S.
PAGE 2 of 4
D. There is no possibility that the proposed amendment to Section 9-7.030 of
the Municipal Code will have a negative effect on the environment and
therefore is exempt from the provisions of CEQA.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES
ORDAIN AS FOLLOWS:
SECTION 1: Arroyo Grande Municipal Code Section 9-14.060(R) is amended to
expand creek dedication requirements as follows:
R. Creek Dedications
For any subdivision or parcel map or development project requiring discretionary
review abutting Arroyo Grande Creek including its tributaries (Tally Ho Creek,
Spring Creek, Newsom Springs Creek and Los Berros Creek), or Meadow Creek
including its tributaries, the subdivider or developer shall dedicate to the City all the
area that includes the stream bed and twenty-five (25) feet back of the stream
bank, areas that are designated as environmentally sensitive based on a biological
report prepared by a qualified biologist, or other appropriate areas mutually
acceptable for the purposes of "open space", flood control, or "green belt."
Exceptions to the requirements established in this subsection can be made only
upon a finding that its application would violate Federal or State law.
SECTION 2: If any section, subsection, subdivision, paragraph, sentence, clause or
phrase of this Ordinance or any part thereof is for any reason held to be unlawful,
such decision shall not affect the validity of the remaining portion of this Ordinance
or any part thereof. The City Council hereby declares that it would have passed
each section, subsection, subdivision, paragraph, sentence, clause or phrase
thereof, irrespective of the fact that anyone or more section, subsection,
subdivision, paragraph, sentence, clause or phrases be declared unlawful.
SECTION 3: Within fifteen days after passage of this Ordinance, it shall be
published, together with the names of the Council Members voting thereon, in a
newspaper of general circulation within the City.
SECTION 4: This Ordinance shall become effective thirty (30) days after the date
of its adoption.
ORDINANCE NO. 527 C.S.
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On motion of Council Member lubin, seconded by Council Member Dickens, and on
the following roll call vote, to-wit:
AYES: lubin, Dickens, lady
NOES: Runels
ABSENT: None
the foregoing Ordinance was adopted this 10th day of July, 2001.
ORDINANCE NO. 527 C.S.
PAGE 4 of 4
~,"'._._- -
ATTEST:
cJUiUfU-/
E, DIRECTOR OF ADMINISTRATIVE SERVICES/
DEPUTY CITY CLERK
APPROVED AS TO CONTENT:
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-------- .
STEVEN ADAMS', CITY MANAGER
APPROVED AS TO FORM:
OFFICIAL CERTIFICATION
I, KELL Y 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 the attached is a true, full, and
correct copy of Ordinance No. 527 C.S. which was introduced at a regular
meeting of the City Council on June 26, 2001; and was passed and adopted at a
regular meeting of the City Council of the City of Arroyo Grande on the 10th day
of July, 2001.
I further certify th~t said Ordinance No. 527 C.S. was duly published in
accordance with the law and order of said City Council in The Tribune, a
newspaper printed and published in said City, on July 25,2001.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 25th
day of July, 2001.
KE~R~~MINISTRAT1VE SERVICESJ
DEPUTY CITY CLERK