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R 4302 RESOLUTION NO. 4302 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING A MITIGATED NEGATIVE DECLARATION AND APPROVING VESTING TENTATIVE PARCEL MAP CASE NO. 10-002 AND CONDITIONAL USE PERMIT CASE NO. 10 -002; FINAL DESIGN REVIEW OF THE FULL ARCHITECTURAL, SITE, FLOOR, AND LANDSCAPING PLANS OF A PREVIOUSLY APPROVED COMMERCIAL BUILDING AT 200 AND 208 E. BRANCH STREET; APPLIED FOR BY NKT COMMERCIAL WHEREAS, on February 23, 2010 the City Council adopted Resolution 4262 and approved a Purchase and Sale and Improvement Agreement ( "Agreement ") and subsequently approved minor modifications to the Agreement on April 27, 2010; and WHEREAS, the Agreement, approved after several public hearings and adoption of a Mitigated Negative Declaration, included the following: • The creation of two Tots: one with approximate dimensions of 100 feet wide by 98 feet deep with 500 square feet designated for outdoor restaurant seating use; and one with approximate dimensions of 50 feet wide by 80 feet deep (Conrad House parcel); • Demolition of the Building Division building (200 East Branch Street) which is not designated as a local historic resource; • The construction of a single -story 5,800 square foot multi- tenant commercial building within the Village Core, which is designed to be compatible with existing turn of the 19th Century commercial storefront and residential architecture of the Village Core; • Upgrade and adaptive reuse of the current Public Works Division building (Conrad House, 208 East Branch Street) which is designated as a local historic resource; • Development of an Administrative or Planned Sign Program for signs associated with new commercial uses; and WHEREAS, The Agreement required final design review of the full architectural, site, floor, and landscaping plans of the approved commercial building, the formal land division of the new development, and landscape improvements of the locally listed resource known as the "Conrad House" under the Conditional Use Permit and tentative map process; and WHEREAS, on August 3, 2010, the Planning Commission reviewed the project at a duly noticed public hearing and adopted a Resolution recommending the City Council approve the project with the incorporation of a revised corner facade design; and WHEREAS, the City Council finds that this project is consistent with the City's General Plan, Development Code and the environmental documents associated therewith, and has reviewed the draft Negative Declaration with mitigation measures under the provisions of the California Environmental Quality Act (CEQA); and RESOLUTION NO. 4302 PAGE 2 WHEREAS, the City Council finds, after due study, deliberation and public hearing, the following circumstances exist: FINDINGS FOR APPROVAL Tentative Parcel Map Findings 1. The proposed tentative parcel map is consistent with goals, objectives, policies, plans, programs, intent and requirements of the Arroyo Grande General Plan, as well as any applicable Specific Plan, and the requirements of this title. The development of a stand alone commercial structures is consistent with policy LU6of the Land Use Element of the General Plan which states: The historic Village Core (VC) area shall be sustained, enhanced and expanded as the symbolic, functional and unique business center of the City, with diverse mixed uses emphasizing pedestrian - oriented activities and providing for the needs of residents - and tourists. 2. The site is physically suitable for the type of development proposed. The project site is located within the core commercial area of the Village and the size, scale and use of the proposed building is consistent with previous development in the area. 3. The site is physically suitable for the proposed density of development. The site of the proposed commercial lot is physically suitable for the proposed • development due to existing amenities such as shared access and parking. 4. The design of the tentative parcel map or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The tentative parcel map will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat due to its location within the developed village. 5. The design of the subdivision or type of improvements is not likely to cause serious public health problems. The design of the subdivision will not cause public health problems due to the nature of the development and conditions of approval that address issues such a pedestrian and vehicular circulation. • 6. The design of the tentative parcel map or the type of improvements will not conflict with easements acquired by the public at large for access through, or use of, property within the proposed tentative parcel map or that alternate easements for access or for use will be provided, and that these alternative easements will be substantially equivalent to ones previously acquired by the public. RESOLUTION NO. 4302 PAGE 3 The tentative parcel map was designed to avoid conflicts with public and private easements 7. The discharge of waste from the proposed subdivision into an existing community sewer system will not result in violation of existing requirements as prescribed by Division 7 (commencing with Section 13000) of the California Water Code. Discharge of waste from the proposed subdivision into the existing community sewer system will not result in violation of existing requirements as prescribed by Division 7 (commencing with Section 13000) of the Califomia Water Code due to standard development regulations implemented through the City of Arroyo Grande Municipal Code. 8. Adequate public services and facilities exist or will be provided as the result of the proposed tentative parcel map to support project development. Adequate public services and facilities exist for the development of the proposed commercial parcel due to its location in the village core area. • Conditional Use Permit Findings: 1. The proposed use is permitted within the subject district pursuant to the provisions of this section and complies with all the applicable provisions of this title, the goals, and objectives of the Arroyo Grande general plan, and the development policies and standards of the city. The construction of a 5,800 square foot general commercial structure is consistent with and meets all pertinent Municipal Code development standards. The final design review of the full architectural, site, floor, and landscaping plans of the 1 approved commercial building, the formal land division of the new development, and landscape improvements of the locally listed resource known as the "Conrad House" is consistent with applicable provisions of the Municipal Code, the goals, and objectives of the Arroyo Grande General Plan, and the development policies and standards of the City. 2. The proposed use would not impair the integrity and character of the district in which it is to be established or located. The proposed commercial building is similar in character, scale and function to the existing commercial buildings in the Village. 3. The site is suitable for the type and intensity of use or development that is proposed. The site is suitable for the construction of a 5,800 square foot commercial building based upon the development standards of the Municipal Code. 4. There are adequate provisions for water, sanitation, and public utilities and services to ensure public health and safety. RESOLUTION NO. 4302 PAGE4 Due to previously installed infrastructure within the Village area as well as proposed upgrades to public infrastructure from the site as determined by the Engineering Division, there are adequate provisions for water, sanitation, and public utilities and services to ensure public health and safety. 5. The proposed use will not be detrimental to the public health, safety or welfare or materially injurious to properties and improvements in the vicinity. The proposed use will not be detrimental to the public health, safety, or welfare, or materially injurious to properties and improvements in the vicinity because the proposed project complies with applicable performance standards and development criteria of the Village Con: Downtown zoning district. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby adopts a Mitigated Negative Declaration and approves Vesting Tentative Parcel Map Case No. 10 -002 and Conditional Use Permit Case No. 10 -002, including final architectural, site, floor, and landscaping plans for the commercial building at 200 and 208 East Branch Street (attachment 2 to staff report) which includes the alternative brick facade for the section of the building at the corner of East Branch Street and Short Street, subject to the Conditions of Approval attached hereto as Exhibit A and incorporated herein by this reference. I I' On a motion by Council Member Ray, seconded by Council Member Costello, and by the following roll call vote to wit: - AYES: Council Members Ray, Costello, Fellows, Guthrie, and Mayor Ferrara NOES: None ABSENT: None the foregoing Resolution was adopted this 24 day of August 2010. • _. I RESOLUTION NO. 1 /302 PAGE 5 i -.7 TONY FER A AYOR ATTEST: KELLY W TM CITY CLERK APPROVED AS TO CONTENT: � r STE N ADAMS, CI YMANAGER APPROVED AS TO FORM: / 1C � /GdCEC TIM THY , CITY ATTORNEY • • RESOLUTION NO. 4302 PAGE 6 EXHIBIT "A" CONDITIONS OF APPROVAL VESTING TENTATIVE PARCEL MAP 10 -002 & CONDITIONAL USE PERMIT 10 -002 THE SHOPS AT SHORT STREET 200 AND 208 EAST BRANCH STREET GENERAL CONDITIONS This project (Conditional Use Permit Case Number 10 -002 and Vesting Tentative Parcel Map 10 -002) is the final design review of the full architectural, site, floor, and landscaping plans of the approved commercial building as provided in Section 11(b)iii of the Purchase and Sale and Improvement Agreement, the formal land division of the new development, and landscape improvements of the locally listed resource known as the "Conrad House." 1. The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. 2. The applicant shall comply with all conditions of approval for Vesting Tentative Parcel Map No. 10 -002 and Conditional Use Permit 10 -002. 3. This Tentative Map and Conditional Use Permit shall automatically expire on August 24, 2012 unless the final map is recorded or an extension is granted pursuant to Section 16.12 140 of the Development Code. 4. Development shall occur in substantial conformance with the plans presented at the City Council meeting of August 24, 2010 and marked "Attachment 2" on file in the Community Development Department. PLANNING 5. The applicant shall comply with all applicable requirements of the State and City Municipal Code related to condominiums to the satisfaction of the City Attorney. 6. The applicant shall enter into an agreement if determined necessary by and subject to the satisfaction of the City Attorney and pay $40,000 for purchase of the 666 square foot portion of the right -of -way. 7. The applicant shall record a deed restriction, subject to approval of the City Attorney, placed on the portion of property that is proposed to be acquired from the City and indicated on project plans as patio dining, which' its use, and ensures its continued use for outdoor dining purposes only; and enables the City, at City cost, to modify the grade or design of the property for the purposes of installing public improvements as long as the improvements do not make the use of the property for outdoor dining infeasible, as determined by the Community Development Director. 8. Prior to occupancy, sign placement and design attributes; iron work at the proposed patio; and modified facade for the east elevation that shall include RESOLUTION NO. 4302 PAGE 7 landscaping to break up wall mass and changeable public art shall be reviewed by the Architectural Review Committee and in accordance with the City's Public Art Guidelines for a recommendation to the Director of Community Development. 9. Prior to occupancy, interior walls shall align with display windows or doors and shall be subject to the approval of the Community Development Director with the recommendation from Architectural Review Committee. Any changes to the functioning of display windows or doors shall be at the discretion of the Director of Community Development with recommendation of the Architectural Review Committee. ENGINEERING All conditions of approval as listed below are to be complied with prior to recording the map, unless specifically noted otherwise. GENERAL CONDITIONS 10. Clean all streets, curbs, gutters and sidewalks at the end of the day's operations or as directed by the Director of Community Development or the Director of Parks, Recreation and Maintenance. 11. Perform construction activities during normal business hours (Monday through Friday, 7 A.M. to 5 P.M.) for noise and inspection purposes. The developer or contractor shall refrain from performing any work other than site maintenance outside of these hours, unless an emergency arises or approved by the Director of Public Works. The City may hold the developer or contractor responsible for any expenses incurred by the City due to work outside of these hours. IMPROVEMENT PLANS 12. All project improvements shall be designed and constructed in accordance with the City of Arroyo Grande Standard Drawings and Specifications. 13. Submit three (3) full -size paper copies and one (1) full -size mylar copy of approved improvement plans for inspection purposes during construction. 14. Submit as -built plans at the completion of the project or improvements as directed by the Community Development Director. One (1) set of mylar prints and an electronic version on CD in AutoCAD format shall be required. 15. The following Improvement plans shall be prepared by a registered Civil Engineer and approved by the Community Development Department: a. Grading, drainage and erosion control, b. Street paving, curb, gutter and sidewalk, c. Public utilities, d. Water and sewer, RESOLUTION NO. 4302 PAGE 8 e. Landscaping and irrigation, f. Any other improvements as required by the Community Development Director. 16. The site plan shall include the following: a. The location and size of all existing and proposed water, sewer, and storm drainage facilities within the project site and abutting streets or alleys. b. The location, quantity and size of all existing and proposed sewer laterals. c. The location, size and orientation of all trash enclosures. d. All existing and proposed parcel lines and easements crossing the property. e. The location and dimension of all existing and proposed paved areas. f. The location of all existing and proposed public or private utilities. 17. Improvement plans shall include plan and profile of existing and proposed streets, utilities and retaining walls. 18. Landscape and irrigation plans are required within the public right of way, and shall be approved by the Community Development and Parks, Recreation and Maintenance Departments. • WATER 19. All water mains shall be looped to prevent dead ends. The Director of Parks, Recreation and Maintenance must grant permission to dead end water mains. 20. Construction water is available at the corporate yard. The City of Arroyo Grande does not allow the use of hydrant meters. 21. Each parcel shall have a separate water meter. Individual condominium units can be sub - metered. Duplex service lines shall be used if feasible. 22. Lots shall have individual service connections for fire sprinklers. A fire sprinkler engineer shall determine the size of the water meters. 23. Existing water services to be abandoned shall be properly abandoned and capped at the main per the requirements of the Director of Parks, Recreation and Maintenance. 24. The applicant shall complete measures to neutralize the estimated increase in water demand created by the project by either: a. Implement an individual water program consisting of retrofitting existing high -flow plumbing fixtures with low flow devices. The calculations shall be submitted to the Director of Parks, Recreation and Maintenance for review approval. The proposed individual water program app ram shall be submitted to p p P 9 the City Council for approval prior to implementation; OR, RESOLUTION NO. 4302 PAGE 9 b. The applicant may pay an in lieu fee for each new commercial unit. 25. The on -site water systems that supply water to fire hydrants shall be a public facility. This will require public improvement plans and dedication of a 10 feet wide easement. 26. The existing 2" water line in the Short Street right -of -way shall be .relocated into the new paved street section and performed in accordance with a cost sharing agreement prepared to the satisfaction of the City Attorney. SEWER • 27. A new 8" public sewer main shall be constructed in Olohan Alley to serve proposed and existing buildings. The existing 4" sewer lateral shall be abandoned in conformance with City standards. 28. Each parcel shall be provided a separate sewer lateral. 29. All new sewer mains must be a minimum diameter of 8 ". 30. All sewer laterals within the public right of way must have a minimum slope of 2 %. 31. All sewer mains or laterals crossing or parallel to public water facilities shall be constructed in accordance with California State Health Agency standards. 32. Existing sewer laterals to be abandoned shall be properly abandoned and capped at the main per the requirements of the Director of Parks, Recreation and Maintenance. 33. Obtain approval from the South County Sanitation District for the development's impact to District facilities prior to final recordation of the map. 34. Obtain approval from the South County Sanitation District prior to relocation of any District facilities. PUBLIC UTILITIES 35. Underground all new public utilities in accordance with Section 16.68.050 of the Development Code. 36. Underground improvements shall be installed prior to street paving. 37. Submit the Final Map and /or Subdivision Improvement Plans ;to the public utility companies for review and comment. Utility comments shall be forwarded to the Community Development Director for approval. RESOLUTION NO. 4302 PAGE 10 38. Prior to approving any building permit within the project for occupancy, all public utilities shall be operational. STREETS 39. Obtain approval from the Director of Parks, Recreation and Maintenance prior to excavating in any street recently over -laid or slurry sealed. The Director shall approve the method of repair of any such trenches, but shall not be limited to an overlay, slurry seal, or fog seal. 40. All trenching in City streets shall utilize saw cutting. Any over cuts shall be cleaned and filled with epoxy. • 41. All street repairs shall be constructed to City standards. 42. Street structural sections shall be determined by an R -Value soil test, but shall not be less than 3" of asphalt and 6" of Class II AB. 43. Overlay, slurry seal, or fog seal of any roads dedicated to the City prior to acceptance by the City may be required as determined by the Director of Parks, Recreation and Maintenance. 44. The .proposed relocated Short Street and related improvements shall be constructed as shown on Sheet C2 of the applicant's submittal in accordance to the Agreement. CURB, GUTTER, AND SIDEWALK 45. Install new concrete curb, gutter, and sidewalk (of exposed aggregate with tile bands consistent with the village streetscape) on the proposed relocated and reconstructed Short Street project frontage as directed by the Community Development Director and per the Agreement. 46. Color any such new facilities as directed by the Community Development Director. 47. Utilize saw cuts for all repairs made in curb, gutter, and sidewalk. 48. Relocate /Install ADA compliant facilities where necessary. 49. Install tree wells for all trees planted adjacent to curb, gutter and sidewalk to prevent damage due to root growth. 50. Make any repairs, necessitated by the proposed project, to the sidewalk and the newly constructed ADA ramps and crosswalk facilities at the intersection of East Branch Street and Short Street to the satisfaction of the Community Development Director. RESOLUTION NO. 4302 PAGE 11 GRADING 51. Perform all grading in conformance with the City Grading Ordinance. 52. Submit a preliminary soils report prepared by a registered Civil Engineer and supported by adequate test borings. All earthwork design and grading shall be performed in accordance with the approved soils report. 53. Submit all retaining wall calculations for review and approval by the Community Development Director for walls not constructed per City standards. DRAINAGE 54. All drainage facilities shall be designed to accommodate a 100 -year storm flow. 55. All drainage facilities shall be in accordance with the Drainage Master Plan, City Storm Water Management Plan and all applicable best management practices shall be incorporated into construction and operational phases. 56. Drainage from the proposed project shall be designed to flow to existing structures. Grease traps or other protective measures may be required. DEDICATIONS AND EASEMENTS . 57. All easements, abandonments, or similar documents to be recorded as a document separate from a map, shall be prepared by the applicant on 8 1/2 x 11 City standard forms, and shall include legal descriptions, sketches, closure calculations, and a current preliminary title report. The applicant shall be responsible for all required fees, including any additional required City processing. 58. Abandonment of public streets and public easements shall be listed on the final map of parcel map, in accordance with Section 66499.20 of the Subdivision Map Act. 59. The applicant shall dedicate . pedestrian access easements to the back of the proposed sidewalks and proposed public walkways. 60. Street tree planting and maintenance easements shall be dedicated adjacent to all street right of ways. Street tree easements shall be a minimum of 10 feet beyond the right of way or to face of structure, except that street tree easements shall exclude the area covered by public utility easements. 61. A Public Utility Easement (PUE) shall be reserved a minimum 6 feet wide adjacent to all street right of ways or to face of structure. The PUE shall be wider where necessary for the installation or maintenance of the public utility vaults, pads, or similar facilities. RESOLUTION NO. 4302 PAGE 12 PERMITS 62. Obtain an encroachment permit prior to performing any of the following: a. Performing work in the City right of way, b. Staging work in the City right of way, c. Stockpiling material in the City right of way, d. Storing equipment in the City right of way. 63. Obtain a grading permit prior to commencement of any grading operations on site. FEES 64. Pay all required City fees at the time they are due. 65. Fees to be paid prior to plan approval: a. Map check fee b. Plan check for grading plans based on an approved earthwork estimate. c. Plan check for improvement plans based on an approved construction cost estimate. d. Permit Fee for grading plans based on an approved earthwork estimate. e. Inspection fee of subdivision or public works construction plans based on an approved construction cost estimate. 66. Impact fees to specific capital improvement projects as determined by the Community Development Director. • AGREEMENTS 67. Inspection Agreement: Prior to approval of an improvement plan, the applicant shall enter into an agreement with the City for inspection of the required improvements. 68. Subdivision Improvement Agreement: The subdivider shall enter into a subdivision agreement for the completion and guarantee of improvements required. The subdivision agreement shall be on a form acceptable to the City. 69. Covenants, Conditions, and Restrictions for common interest development as required by the City and approved by the City Attorney IMPROVEMENT SECURITIES 70. All improvement securities shall be of a form as set forth in Development Code Section 16.68.090, Improvement Securities. RESOLUTION NO. 4302 PAGE 13 71. Submit an engineer's estimate of quantities for public improvements for review by the Community Development Director. 72. Provide financial security for the following, to be based upon a construction cost estimate approved by the Community Development Director: a. Faithful Performance: 100% of the approved estimated cost of all subdivision improvements, b. Labor and Materials: 50% of the approved estimated cost of all subdivision improvements c. One Year Guarantee: 10% of the approved estimated cost of all subdivision improvements. This bond is required prior to acceptance of the subdivision improvements. d. Monumentation: 100% of the estimated cost of setting survey monuments. This financial security may be waived if the developer's surveyor submits to the Director of Public Works a letter assuring that all monumentation has been set. OTHER DOCUMENTATION 73. Tax Certificate: The applicant shall furnish a certificate from the tax collector's office indicating that there are no unpaid taxes or special assessments against the property. The applicant may be required to bond for any unpaid taxes or liens against the property. This shall be submitted prior to placing the map on the City Council Agenda for approval. 74. Preliminary Title Report: A current preliminary title report shall be submitted to the Director of Community Development prior to checking the map. 75. Subdivision Guarantee: A current subdivision guarantee shall be submitted to the Director of Community Development with the final submittal of the Map. PRIOR TO ISSUING A BUILDING PERMIT 76. The Final Map shall be recorded with all pertinent conditions of approval satisfied. PRIOR TO ISSUING A CERTIFICATE OF OCCUPANCY 77. All utilities shall be operational. 78. All essential project improvements shall be constructed prior to occupancy. Non- essential improvements, guaranteed by an agreement and financial securities, may be constructed after occupancy as directed by the Community Development Director. 79. Prior to the final 10% of occupancies for the project are issued, all improvements shall be fully constructed and accepted by the City. RESOLUTION NO. 4302 PAGE 14 BUILDING DIVISION AND FIRE DEPARMENT 80. Provide fire sprinklers per NFPA 13 standards. A responsible entity shall be identified in the CC &R's for the ongoing maintenance of the integrity of the fire sprinkler system. 81. Comply with the latest adopted California Codes. 82. Construct modifications and repairs to the public restroom facilities necessitated by the project in accordance with the California Building Code. Design alternatives may include inclusion of the public restrooms into the common interest development or moving the westerly property line a minimum of 5 feet from the public restroom facility. RECREATION AND FACILITIES 83. Install street trees per City Standards and to the satisfaction of the Director of Recreation and Facilities. 84. Relocate irrigation controllers at Short Street if determined necessary by the Director of Recreation and Maintenance Services. ARCHITECTURAL REVIEW COMMITTEE 85. Incorporate loose valences into canopy design. ADDITIONAL CONDITIONS ADDED AT THE CITY COUNCIL HEARING: 86. Show on plans and provide van accessible parking space adjacent to the building. 87. Provide fire rating analysis for the existing restroom building walls, parapets and ventilation. 88. Provide a remote Fire Department connection to be located near the north east corner and screened by decorative fencing, landscaping or building wall. 89. Final landscape plan shall be approved by the Director of Recreation and Maintenance Services. • 90. The applicant shall, as a condition of approval of this vesting tentative tract map application, defend, indemnify and hold harmless the City of Arroyo Grande, its present or former agents, officers and employees from any claim, action, or proceeding against the City, its past or present agents, officers, or employees to attack, set aside, void, or annul City's approval of this subdivision, which action is brought within the time period provided for by law. This condition is subject to the provisions of Government Code Section 66474.9, which are incorporated by reference herein as though set forth in full. RESOLUTION NO. 4302 PAGE 15 91. Building Materials: Material for the proposed building facades shall be consistent with the materials presented at the City Council hearing on August 24, 2010 and on file in the Community Development Department. The building facades shall include red brick for the corner facade at E. Branch St. and Short St., and blond brick for the portion of the E. Branch St. facade adjacent to the proposed blue "Hardiplank" facade. Anodized aluminum shall be used for windows. The east elevation shall be landscaped to break up the mass of the wall, and be designed in a way to provide for changeable public art. 92. "True" picket fence made of wood and without brick pilasters shall be used as fencing for the Conrad House. 93. The applicant shall work with the City on the design and installation of the restroom project and shall integrate the restroom facade into the project, the design of which shall be subject to approval by the Director of Community Development after a review and recommendation by the Architectural Review Committee. Staff is directed to work with the applicant on designing and installing a new facade on the public restrooms. 94. Additional tree replacement with 15 gallon trees at a 1:1 ratio to be planted on the project site or in the immediate vicinity shall be included in the final landscape plan. 95. The applicant shall provide an area to be available for storage for use during public events by organizers of such events in the portion of the building fronting Olohan _ Alley through a license agreement. MITIGATION MEASURES MM -V -1: The picket fence alternative identified by the ARC shall be used in front of the Conrad House. MM -V -2: During the earthwork, grading and excavation process of the construction the site shall be carefully monitored for archeological finds including foundation of previous structures, privy pits, etc. If found would shall stop and the City's Community Development Department notified and a qualified archeologist shall be retained at the applicants expense to provide professional recommendations to the Community Development Director. MM -V -3: The note below shall be placed on the grading and improvement plans for the project: "If human remains (burials) are encountered, the County Coroner shall be contacted immediately. In the event that previously unidentified potentially significant cultural resources are discovered, an archaeologist shall have the authority to divert or temporarily halt ground disturbance operations in the area of discovery to allow evaluation of potentially significant cultural resources in consultation with Northern RESOLUTION NO. 4302 PAGE 16 Chumash Tribal Council. For significant cultural resources, a Research Design and Data Recovery Program to mitigate impacts shall be prepared by the consulting archaeologist and approved by the City, then carried out using professional archaeological methods. If it can be demonstrated that a project will cause damage to a unique archaeological resource, the City may require reasonable efforts to be made to permit any or all of these resources to be preserved in place or left in an undisturbed state." OFFICIAL CERTIFICATION I, KELLY WETMORE, 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 Resolution No. 4302 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 24 day of October 2010. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 30 day of September 2010. KELLY ET RE, CITY CLERK I