R 3683
RESOLUTION NO. 3683
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE ADOPTING A MITIGATED NEGATIVE DECLARATION,
INSTRUCTING THE DIRECTOR OF ADMINISTRATIVE SERVICES TO
FILE A NOTICE OF DETERMINATION, AND APPROVING
CONDITIONAL USE PERMIT CASE NO. 02-013, LOCATED AT 1049 EL
CAMINO REAL, APPLIED FOR BY FARM SUPPLY
WHEREAS, the City Council of the City of Arroyo Grande has considered an application
for Conditional Use Permit Case No. 02-013, filed by Farm Supply, to construct a two-
story building for retail sale of farm supplies; and
WHEREAS, the City Council has held a public hearing on this application in accordance
with the City Code; and
WHEREAS, the Planning Commission has found that this project is consistent with the
General Plan and the environmental documents associated therewith; and
WHEREAS, the City Council has reviewed this project in compliance with the California
Environmental Quality Act (CEQA), the State CEQA Guidelines, and the Arroyo Grande
Rules and Procedures for Implementation of CEQA and has determined that a Mitigated
Negative Declaration can be adopted; and
WHEREAS, the City Council finds, after due study, deliberation and public hearing, the
following circumstances exist:
FINDINGS FOR APPROVAL
Conditional Use Permit Findings:
1. The proposed use is permitted within the Industrial (I) zoning district pursuant to
Section 16.16.050 of the Development Code, and complies with all applicable
provisions of the Development Code, the goals and objectives of the Arroyo
Grande General Plan, and the development policies and standards of the City.
2. The proposed use will not impair the integrity and character of the district in which
it is to be established or located because the proposed use is similar to
surrounding uses.
3. The site is suitable for the type and intensity of use or development that is
proposed because all the necessary easements, circulation, parking and setbacks
would be provided.
4. There are adequate provisions for water, sanitation, and public utilities and
services to ensure the 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 because the
proposed project would not create adverse environmental impacts.
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RESOLUTION NO. 3683
PAGE 2
Required CEQA Findings:
1. 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
Conditional Use Permit Case No. 02-013.
2. Based on the initial study, a Mitigated Negative Declaration was prepared for
public review. A copy of the Mitigated Negative Declaration and related materials
is located at City Hall in the Community Development Department.
3. After holding a public hearing pursuant to State and City Codes, and considering
the record as a whole, the City Council adopts a negative declaration and finds
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 development of this project. Further, the Planning Commission finds that said
Mitigated Negative Declaration reflects the City's independent judgment and
analysis.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo
Grande hereby adopts a Mitigated Negative Declaration, instructs the Director of
Administrative Services to file a Notice of Determination, and approves Conditional Use
Permit Case No. 02-013, with the above findings and subject to the conditions as set forth
in Exhibit "A", attached hereto and incorporated herein by this reference.
On motion by Council Member Lubin, seconded by Council Member Dickens, and by the
following roll call vote, to wit:
AYES: Council Members Lubin, Dickens, Costello, and Mayor Ferrara
NOES: None
ABSENT: Council Member Runels
the foregoing Resolution was adopted this 10'" day of June 2003.
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RESOLUTION NO. 3683
PAGE 3
TO~
ATTEST:
I ) t1Jl t;t1LfYLL-
' ,{' /
WE MORE, DIRECTOR OF ADMINISTRATIVE SERVICESI
DEPUTY CITY CLERK
APPROVED AS TO CONTENT:
~~~
~E ~DAMS, CITY MANAGER
APPROVED AS TO FORM:
.
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RESOLUTION NO. 3683
PAGE 4
ExHIBIT "A"
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT CASE NO. 02-013
Farm Supply
1049 EI Camino Real
COMMUNITY DEVELOPMENT DEPARTMENT
GENERAL CONDITIONS
This approval authorizes the construction of a two-story building for retail sale of farm
supplies.
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 Conditional Use
Permit Case No. 02-013.
3. This application shall automatically expire on June 10, 2005 unless a building
permit is issued. Thirty (30) days prior to the expiration of the approval, the
applicant may apply for an extension of one (1) year from the original date of
expiration.
4. Development shall occur in substantial conformance with the plans presented to
the City Council at the meeting of June 10,2003 and marked Exhibits "81 - 87".
5. The applicant shall agree to defend at his/her sole expense any action brought
against the City, its present or former agents, officers, or employees because of
the issuance of said approval, or in anyway relating to the implementation thereof,
or in the alternative, to relinquish such approval. The applicant shall reimburse the
City, its agents, officers, or employees, for any court costs and attorney's fee's
which the City, its agents, officers or employees may be required by a court to pay
as a result of such action. The City may, at its sole discretion, participate at its
own expense in the defense of any such action but such participation shall not
relieve applicant of his/her obligations under this condition.
DEVELOPMENT CODE
6. Development shall conform to the Industrial (I) zoning requirements except as
otherwise approved.
7. Signage shall be subject to the requirements of Development Code Chapter 16.60.
No signage has been approved with this Conditional Use Permit.
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RESOLUTION NO. 3683
PAGE 5
8. Setbacks, lot coverage, and floor area ratios shall be as shown on the
development plans except as specifically modified by these conditions.
9. All parking spaces adjacent to a wall, fence, or property line shall have a minimum
width of 11 feet.
NOISE
10. Construction shall be limited to between the hours of 8 a.m. and 6 p.m. Monday
through Friday, and between 8 a.m. and 5 p.m. on Saturday. No construction shall
occur on Sunday.
LIGHTING
11. All lighting for the site shall be downward directed and shall not create spill or glare
to adjacent properties.
WATER
12. All new construction shall utilize fixtures and designs that minimize water usage.
Such fixtures shall include, but are not limited to, low flow showerheads, water
saving toilets, instant water heaters and hot water recirculating systems. Water
conserving designs and fixtures shall be installed prior to final occupancy.
SOLID WASTE
13. Solid waste pick-up location as identified is acceptable. Trash enclosures shall be
screened from public view with landscaping or other appropriate screening
materials, and shall be made of masonry or concrete with an exterior finish that
complements the architectural features of the main building. The trash enclosure
area shall accommodate recycling container(s).
14. Trash enclosures shall be reserved exclusively for dumpster and recycling
container storage. Miscellaneous tires, auto parts, boxes, bins, racks, etc., will not
be allowed within the enclosure.
PRIOR TO ISSUING A BUILDING PERMIT:
15. The applicant shall submit an exterior lighting (photometric) plan for parking area
lighting.
16. A Minor Exception application must be processed and approved for any fence/wall
combination exceeding six feet (6') in height.
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RESOLUTION NO. 36 3
PAGE 6
17. A landscaping nd irrigation plan shall be prepared by a licensed landscape
architect subjec to review and approval by the Community Development
Department and he Parks & Recreation Department. The landscaping plan shall
include the follow ng:
a. Tree staking, oil preparation and planting detail;
b. The use of landscaping to screen ground-mounted utility and mechanical
equipment;
c. The required I ndscaping and improvements. This includes:
1. Deep ot planters shall be included in areas where trees are within five
feet (5' of asphalt or concrete surfaces and curbs;
2. Water nservation practices including the use of low flow heads, drip
irrigatio , mulch, gravel, drought tolerant plants and mulches shall be
inco rated into the landscaping plan; and
3. An aut mated irrigation system.
4. The sel ction of groundcover plant species shall include native plants.
5. Linear lanters shall be provided in the parking area.
6. Street tees shall be a minimum of 15-gallon size.
7. The Fi al Landscape Plan shall show trees planted along the south
border f the project site adjacent to the off-street parking. The trees
should be of medium height at maturity (20-40 feet), similar to "Mock
Orang 'trees (botanical name "Undulatum pittosporum")
PRIOR TO ISSUING TH CERTIFICATE OF OCCUPANCY:
18. Development sha I comply with Development Code Sections 16.48.070, "Fences,
Walls and Hedg s"; 16.48.090, "Lighting"; 16.48.120, "Performance Standards";
and 16.48.130"S reening Requirements".
19. All electrical panel boxes shall be installed inside the building.
20. All ducts, meters, air conditioning equipment, and other mechanical equipment,
whether on the g ound, on the structure or elsewhere, shall be screened from
public view behin the parapets, or with materials architecturally compatible with
the main structure
21. The applicant sh II comply with the provisions of Ordinance 521 C.S., the
Community Tree rdinance.
22. Linear root barrie shall be used for trees planted along the property frontage.
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RESOLUTION NO. 3683
PAGE 7
POLICE DEPARTMENT
PRIOR TO ISSUING A BUILDING PERMIT:
23. The applicant shall submit an exterior lighting plan for Police Department approval.
PRIOR TO ISSUING THE CERTIFICATE OF OCCUPANCY:
24. The applicant shall install a burglar alarm system per Police Department
guidelines, and pay the Police Department alarm permit application fee.
25. The applicant shall post designated fire lanes, per Section 22500.1 of the
California Vehicle Code.
26. The applicant shall post handicapped parking, per Police Department
requirements.
BUilDING AND FIRE DEPARTMENT
27. The project shall comply with the most recent editions of the California State Fire
and Building Codes and the Uniform Building and Fire Codes as adopted by the
City of Arroyo Grande.
28. All fire lanes must be posted and enforced, per Police Department and Fire
Department guidelines.
29. The project shall have a fire flow of 1,500 gallons per minute for a duration of two
(2) hours.
PRIOR TO ISSUING A BUILDING PERMIT:
30. The applicant shall show proof of properly abandoning all non-conforming items
such as septic tanks, wells, underground piping and other undesirable conditions.
PRIOR TO OCCUPANCY:
31. The applicant must provide an approved "security key vault" per Building and Fire
Department guidelines.
32. Fire hydrants shall be installed, per Fire Department and Public Works Department
standards.
33. All buildings must be fully sprinklered per Building and Fire Department guidelines.
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RESOLUTION NO. 3683
PAGE 8
PUBLIC WORKS DEPARTMENT
34. Eaas - The applicant shall pay all applicable City fees at the time they are due.
(For your information. the "Procedure for Protesting Fees, Dedications,
Reservations or Exactions" is provided below).
PROCEDURE FOR PROTESTING FEES, DEDICATIONS, RESERVATIONS OR
EXACTIONS:
(A) Any party may protest the imposition of any fees, dedications, reservations, or
other exactions imposed on a development project, for the purpose of defraying
all or a portion of the cost of public facilities related to the development project by
meeting both of the following requirements:
(1 ) Tendering any required payment in full or providing satisfactory evidence of
arrangements to pay the fee when due or ensure performance of the
conditions necessary to meet the requirements of the imposition.
(2) Serving written notice on the City Council, which notice shall contain all of
the following information:
(a) A statement that the required payment is tendered or will be
tendered when due, or that any conditions which have been imposed
are provided for or satisfied, under protest.
(b) A statement informing the City Council of the factual elements of
the dispute and the legal theory forming the basis for the protest.
(B) A protest filed pursuant to subdivision (A) shall be filed at the time of the
approval or conditional approval of the development or within 90 days after the
date of the imposition of the fees, dedications, reservations. or other exactions to
be imposed on a development project.
(C) Any party who files a protest pursuant to subdivision (A) may file an action to
attack, review, set aside, void, or annul the imposition of the fees, dedications
reservations, or other exactions imposed on a development project by a local
agency within 180 days after the delivery of the notice.
(D) Approval or conditional approval of a development occurs, for the purposes of
this section. when the tentative map, tentative parcel map, or parcel map is
approved or conditionally approved or when the parcel map is recorded if a
tentative map or tentative parcel map is not required.
(E) The imposition of fees, dedications. reservations, or other exactions occurs, for
the purposes of this section, when they are imposed or levied on a specific
development.
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RESOLUTION NO. 3683
PAGE 9
GENERAL IMPROVEMENT REOUIREMENTS
35. Site Maintenance - The developer shall be responsible during construction for
cleaning city streets, curbs, gutters and sidewalks of dirt tracked from the project
site. The flushing of dirt or debris to storm drain or sanitary sewer facilities shall
not be permitted. The cleaning shall be done after each day's work or as
directed by the Director of Public Works.
36. Encroachment Permit - The applicant shall be issued a revocable encroachment
permit for use of a portion of EI Camino Real for parking purposes. Said permit
shall be subject to review and approval of the Public Works Director and City
Attorney.
37. Grading - All grading shall be done in accordance with the City Grading
Ordinance.
38. Improvements required - All project improvements shall be designed and
constructed in accordance with the City of Arroyo Grande Standard Drawings
and Specifications, except as may be modified by these conditions of approval.
The following improvement plans shall be prepared by a registered Civil
Engineer and approved by the Public Works Department:
a. Grading, drainage and erosion control.
b. Curb, gutter and sidewalk.
c. Public utilities.
d. Water and sewer.
e. Street improvement plans.
39. Site Plan Requirements - The site plan shall include the following:
a. The location and size of all water, sewer and stormwater facilities within
the project site and abutting streets or alleys.
b. Location, quantity and size of all sewer laterals.
c. The location, size and orientation of all trash enclosures.
d. All property lines, right-of-ways and easements.
e. The location and dimension of all paved areas.
f. The location of all public or private utilities.
g. The location of all existing and proposed improvements such as retaining
walls, walkways, parking.
40. Improvement agreement - Prior to approval of any improvement plans, the
applicant shall enter into an agreement with the City for inspection of the
required improvements.
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RESOLUTION NO. 3683
PAGE 10
41. Parking lot design - The cross slope on parking lot driving lanes shall not exceed
5 percent.
42. Entrance design - The driveway entrance shall be designed with curb returns
having a minimum radius of 15 feet.
43. LandsC'.ape approvals - LanGfscape and irrigation plans are required within the
public right of way, and shall be approved by the Community Development,
Parks & Recreation, and Public Works Departments.
44. Plan submittals - Upon approval of the improvement plans, the applicant shall
provide a reproducible mylar set and 3 sets of prints of the improvements for
inspection purposes. Prior to acceptance of the improvements, the applicant
shall provide reproducible mylars, and 2 sets of prints of the approved record
drawings (as builts).
STREET IMPROVEMENTS
45. EI Camino Real - No permanent structures shall be constructed within the
existing right-of-way of EI Camino Real to allow for future widening.
GRADING AND DRAINAGE
46. Retaining Wall- The proposed retaining wall shall not be constructed within the
right-of-way of EI Camino Real.
47. Drainage retention - All existing paved or impervious areas may continue to
drain into the existing storm water system. All new paved or impervious areas
must be retained on site in accordance with the requirements for Drainage Zone
"A" in the City's Storm Water Master Plan. The new system must be to the
satisfaction of the City Engineer and designed by a registered civil engineer in
the State of California.
48. Drainage design - All drainage facilities shall be designed to accommodate a
100-year storm flow.
49. Soils report. - A preliminary soils report shall be prepared by a registered civil
engineer and supported by adequate test borings, unless waived by the Building
Official. All earthwork design and grading shall be performed in accordance with
the approved soils report.
50. Adjacent structures - The grading plan design shall include measures to protect
the adjacent structures and property from damage due to the construction.
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RESOLUTION NO. 3683
PAGE 11
WATER
51. Relocate Water Facilities - Unless the existing water air release valve for the
Lopez line falls within two (2) feet of the curb face and does not obstruct ADA
compliance, it shall be relocated behind the proposed sidewalk, or as required by
the Director of Public Works.
52. Install new fire hydrant - A new fire hydrant shall be tapped into the City water
main and installed in front of the project site in accordance with the Standards
and Specifications of the Public Works Department.
53. On-site private fire lines - Private on-site fire sprinkler lines, if required by the
Building and Fire Departments, shall be connected to the public water system
with a backflow prevention assembly. The backflow assembly shall be painted
green. Fire Department connections shall be located per the Fire Department
requirements.
54. Water-sewer crossings - All sewer mains or laterals crossing or parallel to public
water facilities shall be constructed in accordance with California State Health
Agency standards.
55. Water meters - Water meters shall be located in the public sidewalk or as
approved by the Director of Public Works. Separate meters may be used for
irrigation.
WASTEWATER
56. Sewer C'.nnnection - The on-site sewer system shall be private and shall connect
to the public sewer system in a single location. Sewer laterals larger than 4
inches shall connect to the public system at a manhole.
57. Existing Services - Existing water and sewer services not used by the project
shall be abandoned per the requirements of the Director of Public Works.
PUBLIC UTILITIES
58. Utility company review - All public improvement plans shall be submitted to the
public utility companies for review and comment. Utility comments shall be
forwarded to the Director of Public Works for approval.
59. Underground existing overhead utilities -The applicant shall remove any existing
utility poles located within the project boundary and pay a fair share of the cost to
underground utilities along the EI Camino Real frontage. The applicant shall
install conduit within the street frontage for future undergrounding.
RESOLUTION NO. 3683
PAGE 12
PRIOR TO ISSUING A CERTIFICATE OF OCCUPANCY:
60. Curb and sidewalk - A concrete curb. gutter and 6-feet wide concrete sidewalk
shall be constructed along the property frontage.
61. Parking lot striping - The parking lot spaces shall utilize double line striping.
62. Site utilities - Prior to approving occupancy. all public utilities shall be
operational.
63. Mitigation fees - The applicant shall participate and pay for fair share of sewer
impact fees for the City IIEI Camino Real (Sewer) Upgrade Project #3-2" and the
"Wa/nut Street (Sewer) Upgrade Project #3-3" in accordance with the City
Wastewater Master Plan.
MITIGATION MEASURES
A negative declaration with mitigation measures has been adopted for this project. The
following mitigation measures shall be implemented as conditions of approval and shall
be monitored by the appropriate City department or responsible agency. The applicant
shall be responsible for verification in writing by the monitoring department or
agency that the mitigation measures have been implemented.
Mitigation Measures:
MITIGATION MEASURES
1. The applicant shall complete measures to neutralize the estimated increase in
water demand created by the project by either:
Implement an individual water program that utilizes fixtures and designs
that minimize water usage. The calculations shall be submitted to the
Director of Public Works for review and approval. The proposed individual
water program shall be submitted to the City for approval prior to
implementation; or, pay the in lieu fee.
Monitoring: Review of individual water program or payment
of the in lieu fee
Responsible Dept: Public Works Department
Tlmeframe: Prior to issuance of building permit
2. All new construction shall utilize fixtures and designs that minimize water usage.
Such fixtures shall include, but are not limited to. water saving toilets, instant water
heaters and hot water recirculating systems. Water conserving designs and
fixtures shall be installed prior to final occupancy.
RESOLUTION NO. 3683
PAGE 13
Monitoring: Review of building plans
Responsible Dept: Building and Fire Department
Timeframe: Prior to issuance of building permit
3. All landscaping shall be consistent with water conservation practices including
the use of drought tolerant landscaping, drip irrigation, and mulch. To the
greatest extent possible, lawn areas and areas requiring spray irrigation shall be
minimized.
Monitoring: Review of landscaping and irrigation plans
Responsible Dept: Parks & Recreation Department
Timeframe: Prior to issuance of building permit
4. The applicant shall provide detailed drainage calculations indicating that increased
run-off can be accommodated by existing facilities and/or provide on-site retention
basins to the satisfaction of the Director of Public Works.
Monitoring: Review of grading plans
Responsible Department: Public Works Department
Timeframe: Prior to issuance of a grading permit
5. All runoff water from impervious areas shall be conveyed through impervious
conduits to existing storm drain facilities. A drainage plan, which incorporates the
above, shall be submitted to the City prior to the issuance of any permits.
Monitoring: Review of drainage/grading plans
Responsible Department: Public Works Department
Timeframe: Prior to issuance of a grading permit
6. During construction, water trucks or sprinkler systems shall be used to keep all
areas of vehicle movement damp enough to prevent dust from leaving the site.
At a minimum, this would include wetting down such areas in the later morning
and after work is completed for the day and whenever wind exceeds 15 mph.
7. Soil stockpiled for more than two days shall be covered, kept moist, or treated
with soil binders to prevent dust generation.
8. Permanent dust control measures identified in the revegetation and landscape
plans should be implemented as soon as possible following completion of any
soil disturbing activities.
9. Exposed ground areas that are planned to be reworked at dates greater than
one month after initial grading should be sown with fast-germinating native grass
seed and watered until vegetation is established.
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RESOLUTION NO. 3683
PAGE 14
10. All vehicles hauling dirt, sand, soil, or other loose materials are to be covered or
should maintain at least two feet of freeboard (minimum vertical distance
between top of load and top of trailer) in accordance with CVC Section 23114.
11. All roadways, driveways, sidewalks, etc. to be paved should be completed as soon
as possible. In addition, building pads should be laid as soon as possible after
grading unless seeding or soil binders are used.
12. Vehicle speed for all construction vehicles shall not exceed 15 mph on any
unpaved surface at the construction site.
13. Sweep streets at the end of each day if visible soil material is carried onto adjacent
paved roads.
For Mitigation Measures No.6 -13:
Monitoring: Review of grading and building plans and site
inspections.
Responsible Depts: Public Works and Building & Fire Departments
shall inspect plans and spot check in the field
Timeframe: Prior to issuance of a grading permit and during
construction
14. The applicant shall pay the City's Traffic and Signalization Impact fee prior to
issuance of building permit.
Monitoring: The applicant shall pay the fee
Responsible Dept: Public Works Department
Timeframe: Prior to issuance of building permit
15. The applicant shall pay the City's Transportation Facilities Impact fee.
Monitoring: The applicant shall pay the fee
Responsible Dept: Public Works Department
Timeframe: Prior to issuance of building permit
16. All construction equipment shall be provided with well-maintained, functional
mufflers to limit noise.
17. All construction activities shall comply with the time limits specified by the Arroyo
Grande Municipal Code.
18. To the greatest extent possible, grading and/or excavation operations at portions
of the site bordering developed areas should occur during the middle of the day
to minimize the potential for disturbance of neighboring noise sensitive uses.
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RESOLUTION NO. 3683
PAGE 15
For Mitigation Measures No. 16 - 18:
Monitoring: Notes shall be placed on the construction plans
referencing the above measures.
Responsible Dept: Public Works Department
Timeframe: During construction
19. The applicant shall pay the project's proportional share of the sewer impact fees.
Monitoring: The applicant shall pay the required fee.
Responsible Dept: Public Works Department
Timeframe: Prior to issuance of building permit
20. The following note shall be placed on the grading and improvement plans for the
project:
"In the event that during grading, construction or development of the project,
archeological resources are uncovered, all work shall be halted until the
significance of the resources are determined. If human remains (burials) are
encountered, the County Coroner (781-4513) shall be contacted immediately. The
applicant may be required to provide archaeological studies and/or additional
mitigation measures as required by the California Environmental Quality Act if
archaeological resources are found on the site."
Monitoring: Review of grading plans and site visits by the
Public Works Inspector
Responsible Depts: Public Works and Building & Fire Departments
Timeframe: Prior to issuance of a grading permit and during
site grading
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RESOLUTION NO. 3683
OFFICIAL CERTIFICATION
I, KELLY 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 pe~ury, that Resolution No. 3683 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 10th day of June, 2003.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 13th
day of June, 2003.
~
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" . / / i/~~Lt.)~ .
KELLY W TMOQE, DIRECTOR OF ADMINISTRATIVE SERVICESI
DEPUTY CITY CLERK