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R 3136 . . RESOLUTION NO. 3 1 36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING A NEGATIVE DECLARATION AND INSTRUCTING THE CITY CLERK TO FILE A NOTICE OF DETERMINATION FOR REPEAL OF CHAPTER 4 OF TITLE 6 OF THE MUNICIPAL CODE AND ADOPTING A NEW CHAPTER. 4 WHEREAS, the City Council of the City of Arroyo Grande has considered repealing Chapter 4 of Title 6 of the Municipal Code, titled -Garbage and Refuse" and adopting a new Chapter 6, titled "Solid Waste, Recycling and Yard Refuse"; and WHEREAS, the City Council has reviewed the initial study and draft negative declaration for adoption of the new Chapter 6; and WHEREAS, the initial study and draft negative declaration have been prepared, circulated and noticed pursuant to the California Environmental Quality Act ("CEQA "), 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 March 26, 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 circumstance exists: 1. The proposed project will not have a. significant impact on the environment. Department of FISh and Game Required Fmdings of Exemption 1. The City of Arroyo Grande has prepared an initial study pursuant to Section 15063 of the Guidelines of the California ~vironmentaI Quality Act (CEQA) for adoption of new Chapter 4 of Title 6 of the Municipal Code. 2. Based on the initial study, a negative declaration has been drafted for review by the public, and review and approval by the City Council. 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. SSl6a:soIidwlLrea.md . . Resolution No. 3 1 36 April 9, 1996 Page Two NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby adopts a negative declaration and instructs the City Clerk to file a Notice of Determination for adoption of Chapter 4 of Title 6 of the Municipal Code. On motion of Council Member Brandy , seconded by Council Member Full er , and by the following roll call yote, to wit: } AYES: Council Members Brandy, Fuller, Souza, and Mayor Dougall NOES: None ABS~:Council Member Lady the foregoing Resolution was adopted this 9th day of Apr i I , 1996. ATI'EST: . . ~a.~ NANCY DAVIS, CITY CLERK APPROVED AS TO CONTENT: hl~L. -tfaIn . i ROBERT L. HUNT, CITY MANAGER APPROVED AS TO FORM: ATTORNEY SSl6a:IIOii.chnt.Jea.md '. ~ Resolution No. 3136 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. 3136 is a true, full, and correct copy of said R~solution 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. . DAVIS, CITY CLERK ARROYO GRANDE