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R 4168RESOLUTION N0.4168 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING A MITIGATED NEGATIVE DECLARATION AND APPROVING TENTATIVE TRACT MAP 07-002 AND PLANNED UNIT DEVELOPMENT 08-003; LOCATED AT 451 HIDDEN OAK ROAD; APPLIED FOR BY GREG NESTER CONSTRUCTION AND DEVELOPMENT, INC. WHEREAS, the applicant has filed Tentative Tract Map 07-002 and Planned Unit Development 08-003 to subdivide iwo properties totaling approximately eleven (11) acres located at 451 Hidden Oak Road into eleven (11) residential lots and one (1) open space lot located in the Rural Residential (RR) zoning district; and WHEREAS, on February 17, 2009 at the conclusion of a public hearing, the Planning Commission recommended adoption of a Mitigated Negative Declaration and approval of Tentative Tract Map 07-002 and Planned Unit Development 08-003; and WHEREAS, the City Council has found. that this project is consistent with the City's General Plan and Development Code; 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 adopted a Mitigated Negative Declaration for the project; and WHEREAS, the City Council finds, after due study, deliberation and public hearing, that the following circumstances exist: Tentative Tract Map Findings: The proposed tentative tract map is consistent with the 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 proposed tentative tract map is consistent with the goals, objectives, policies, plans, programs, intent and requirements of the Arroyo Grande General Plan 6y allowing development of a residentially designated site at the allowed density while presenring native Oak woodland as open space. 2. The site. is physically suitable for the type of development proposed.. The site is adjacent to residential development of similar and compatible type and will provide necessary vehicular and emergency access, and setback buffers to adjacent properties. 3. The site is physically suitable for the proposed density of development. RESOLUTION N0.4168 PAGE 2 The site can accommodate the proposed density of eleven (11) residential units, which is similar to the surrounding residential density, including all required site improvements forresidential development. 4. The design of the tentative tract 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 clustered design of the tract map will not cause substantial environmental damage nor will it substantially or avoidably injure either fish or wildlife or their habitat, as it protects the existing native Oak woodland within a designated open space lot. 5. The design of the subdivision or type of improvements is not likely to cause serious public health problems. The clustered design of the subdivision is consistent with commonly accepted best management practices and will not cause any serious public health problems. 6. The design of the tentative tract 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 tract 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. There are no public access easements currently recorded on the property, nor is there any need for public access through the property. The project has been conditioned to provide emergency access to fhe adjacent property to the west (Tract 1998). 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 in Division 7 (commencing with Section 13000) of the California Water Code. The subdivision will abide by-all City and South County Sanitation District standards relating to sewersystem design. 8. Adequate public services and facilities exist or will be provided as the result of the proposed tentative tract map to support project development. Development of the proposed tentative tract map is consistent with the City's. estimated build-out as outlined in the General Plan and will not require any public services or facilities beyond those that already serve the community. RESOLUTION N0.4168 PAGE 3 Planned Unit Development Findings: 1. The proposed development is consistent with the goals, objectives and programs of the General Plan and any applicable specific plan. The proposed tentative tract map is consistent with the goals, objectives, policies, plans, programs, intent and requirements of the Arroyo Grande General Plan by allowing development of a residentially designated site at the allowed density while preserving native Oak woodland as open space. 2. The site for the proposed development is adequate in size and shape to accommodate the use and all yards, open spaces, setbacks, walls and fences, parking area, loading areas, landscaping, and other features required. The site for the proposed development accommodates all required development standards of the Rural Residential (RR) zoning district. 3. The site for the proposed development has adequate access, meaning that the site design and development plan conditions consider the limitations of existing streets and highways. The site for the proposed development will be accessed from Hidden Oak Road, which was designed and built to accommodate traffic to a potential future school site and has adequate capacity for the. estimated traffic that will be generated by the proposed development. 4. Adequate public services exist, or will be provided in accordance with the conditions of development plan approval, to serve the proposed development; and that the approval of the proposed development will not result in a reduction of such public services to properties in the vicinity so as to be a detriment to public health, safety or welfare. The proposed development is consistent with expected growth and will not result in a reduction of public services to properties in the vicinity so as to be a detriment to public health, safety or welfare. 5. The proposed development, as conditioned, will not have a substantial adverse effect on surrounding property, or the permitted use thereof, and will be compatible with the existing and planned land use character of the surrounding area. The proposed development, as conditioned, is compatible .with adjacent residential development and will not have a substantial .adverse effect on surrounding property. 6. The improvements required, and the manner of development, adequately address all natural and. manmade hazards associated with the proposed RESOLUTION NO. 4168 PAGE 4 development and the project site, including, but not limited to, flood, seismic, fire and slope hazards. The required improvements and manner of development will adequately address all natural and manmade hazards associated with the site through adherence to all applicable building code standards, conditions of approval and mitigation measures relating to seismic, fire and slope hazards. 7. The proposed development carries out the intent of the planned unit development provisions by providing a more efficient use of the land and an excellence of design greater than that which could be achieved through the application of conventional development standards. The proposed development provides a more efficient use of the land and an excellence of design than that which could be achieved through the application of conventional development standards by allowing development of residential lots that are consistent with adjacent residential development and by preserving native Oak woodland within a designated open space lot. 8. The proposed development complies with all applicable performance standards listed in Section 16.32.050(E). As conditioned, the proposed development complies with all applicable performance standards in Municipal Code Section 16.32.050(E). - Specific Findings for Cluster Subdivision: 9. The clustering of dwelling units is approved pursuant to a specific plan, planned unit development, or similar mechanism. The clustering of dwelling units is approved pursuant to a planned unit development. 10. The overall permitted density of the project area is not exceeded. The overall permitted density of the project area is equal to eleven (11) residential units. 11. The resulting project will not require a greater level of public services and facilities than would an equivalent non-clustered project. The resulting project will not affect the level of required public services or facilities 12. The result of clustering residential units is a more desirable and environmentally sensitive development plan which creates. usable open space areas for the enjoyment of project residents and which preserves significant environmental features. RESOLUTION N0.4168 PAGE 5 The result of clustering residential units creates a substantial usable open space lot which preserves native Oak woodland. 13. The project development pattern, including the net density of developed area and proposed lot sizes which result from clustering are compatible with surrounding areas. The project development pattern, including the net density of eleven (11) residential lots is compatible with both the density and lot size of adjacent residential development. Specific Finding for Inclusionary Housing Fee/Off-Site Provision of Units: 1. The city council determines that the payment of in-lieu fees or the dedication of land will provide a superior opportunity to satisfy the goals and policies of the General Plan. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby adopts a Mitigated Negative Declaration and approves Tentative Tract Map 07-002 and Planned Unit Development 08-003, 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 Arnold, seconded by Council Member Guthrie, and by the following roll call vote, to wit: AYES: Council Members Arnold, Guthrie, Costello and Mayor Ferrara NOES: None ABSENT: Council Member Fellows the foregoirig Resolution was adopted this 10th day of March, 2009. RESOLUTION NO. N11o8 PAGE 6 ~~ TONY M. F ,MAYOR ATTEST: KELLY WET~VIOI~; CITY CLERK APPROVED AS TO CONTENT: `~T EN A MS, CITY MANAGER APPROVED AS TO FORM: 0 TIM HY J. C EL, CITY ATTORNEY EXHIBIT "A" CONDITIONS OF APPROVAL TTM 07-002 & PUD 08-003 451 HIDDEN OAK ROAD This approval authorizes the subdivision of an eleven. (11) acre property located at 451 Hidden Oak Road into eleven (11) residential lots and one (1) open space lot. i COMMUNITY DEVELOPMENT DEPARTMENT SPECIAL CONDITIONS: Concurrent with recordation of the final map, a permanent open space easement shall be recorded on Lot 12. Said easement shall be in favor of the public and the City and shall prohibit all structures, grazing, grading, filling or vegetation removal except for the purpose of fire prevention and except as may be required for City-approved infrastructure. Said easement shall be subject to the approval of the Community Development Director and the City Attorney. 2. Consistent with the City's Housing Element, the project shall restrict the equivalent of 1.5 dwelling units to qualified families earning a moderate income (based on the City's affordable housing standards) through an agreement approved by the City Attorney and entered into between the City and the applicant prior to issuance of building permits for the final two (2) residential lots of the subdivision. The restricted units may be provided either on or off-site. In no case shall off-site restricted units be counted towards fulfilling the inclusionary housing requirements of any other project. An in-lieu fee, as determined by the City Council, may be paid for any fractional required unit. Alternatively, the applicant may satisfy the inclusionary housing requirement by payment of an in- lieu fee equivalent to 1.5 dwelling units, as determined by the City Council. 3. Development of the residential lots shall be consistent with the approved Design Guidelines for the project, subject to review and approval by the Community Development Director. GENERAL CONDITIONS: 4. The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. 5. The applicant shall comply with all conditions of approval-for Tentative Tract Map 07-002 and Planned Unit Development 08-003. 6. .Development shall occur in substantial conformance with the plans presented to the Planning Commission at their meeting of February 17,.2009 and marked Exhibit "B". 7. The applicant shall, as a condition of approval of this 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. 8. Development shall conform to the Rural Residential (RR) zoning district standards except as otherwise approved. 9. All conditions 'of approval for the project shall be included in construction drawings. PUBLIC WORKS DEPARTMENT SPECIAL CONDITIONS: 10. Extend a sewer main into the site as shown. 11. Pay the proportionate share of the following sanitary sewer capital projects: • Tally Ho Sewer Upgrade, • Fair Oaks Sewer Upgrade. 12. Abandon the existing septic system. 13. Obtain a "will serve" -letter from the South San Luis Obispo County Sanitation District. 14. Provide water service to the site by either: a. Connect to the existing high pressure main in Salida del Sol and extend a main into the site. Perform a hydraulic analysis of the system to determine any necessary improvements required to the booster station at Reservoir No. 5. Perform the necessary improvements to the booster station at Reservoir No. 5. This alignment shall extend straight across Lot 8 to the proposed cul-de-sac; or, b. Connect to the existing water main in Hidden Oak Road. Design and construct a booster station and associated improvements to provide sufficient pressure and flow to the project. 15. Pay the proportionate share of the following sanitary water capital projects: • Reservoir No. 6, • Reservoir No. 3 and No. Sinter-connection, • Oro Booster Upgrade, 16. Abandon the existing well. 17. Provide storm water detention facilities by either. • Connecting to the detention facilities (Canyon Way). Prior to approving improvement plans and recording the final map provide evidence that permission to use the basin has been obtained; or, • Provide on-site detention facilities. 18. 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, except that street tree easements shall exclude the area covered by public utility easements. 19. Obtain a public water easement off-site for the water connection to Salida del Sol prior to recordation of the final map. If the applicant is unable to obtain the easement, a booster station shall be required to increase water pressure. 20. Dedicate the following easements over the private road: a. Public Water, b. Public Sewer, c. Public Utility, d. Private Drainage. 21. Dedicate a 10' wide public water easement over Lot 8 if the water connection to Salida del Sol is obtained. 21.a. The applicant shall dedicate a 24 foot wide emergency access easement over Lots 8 and 12, subject to the approval of the Director of Building and Fire. 21.b. The applicant shall dedicate an access control easement over the emergency access easement on Lots 8 and 12, subject to the approval of the City Attorney and the Director of Building and Fire. 22. Dedicate a public sewer easement over the emergency access road on Lots 6 and 12. 23. Covenants, Conditions, and Restrictions for maintenance of all commonly owned facilities. The CC&R's shall be subject to the review and approval of the City Attorney and the Director of Public Works. GENERAL CONDITIONS: 24. 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 Public Works. 25. Perform construction activities during normal business hours (Monday through Friday, 7 AM to 5 PM). Construction activities may be performed between the hours of 8:30 AM to 3:30 PM on Saturdays, provided the activity does-not require same-day inspection. 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 26. All project improvements shall be designed and constructed in accordance with the City of Arroyo Grande Standard Drawings and Specifications. 27. Submit three (3) full-size paper copies and one (1).full-size mylar copy of approved improvement plans for inspection purposes during construction. 28. Submit as-built plans at the completion of.the project or improvements as directed by the Director of Public Works. One (1) set of mylar prints and an electronic version on CD in AutoCAD format shall be required. 29. 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. Street paving; curb, gutter and sidewalk, c. Public utilities, d. Water and sewer, e. Landscaping and irrigation, f. Any other improvements as required by the Director of Public Works 30. 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. 31. Improvement plans shall include plan and profile of existing and proposed streets, utilities and retaining walls. 32. Landscape and irrigation plans are required for landscaping within the public right of way, and shall be approved by the Community Development and Parks and Recreation Departments. In addition, The Director of Public Works shall approve any landscaping or irrigation within a public right of way or otherwise to be maintained by the City. WATER 33. Construction water is available at the corporate yard. The City of Arroyo Grande does not allow the use of hydrant meters. 34. Each parcel shall have separate water meters. Duplex service lines shall be used if feasible. 35. Lots using fire sprinklers shall have individual service connections. If the units are to be fire sprinkled, a fire sprinkler engineer shall determine the size of the water meters. 36. Existing water services to be abandoned shall be properly abandoned and capped at the main per the requirements of the Director of Public Works. 37. 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. SEWER 38. Each parcel shall be provided a separate sewer lateral. 39. All new sewer mains must be a minimum diameter of 8". 40. All sewer mains or laterals crossing or parallel to public water facilities shall be constructed in accordance with California State Health Agency standards. 41. Existing sewer laterals to be abandoned shall be properly abandoned and capped at the main per the requirements of the Director of Public Works. PUBLIC UTILITIES 42. Underground all new public utilities in accordance with Section 16.68.050 of the Development Code. 43. Under ground all existing overhead public utilities on-site and in the street in accordance with Section 16.68.050 of the Development Code. 44. Underground improvements shall be installed prior to street paving. 45. Submit all improvement plans to the public utility companies for approval and comment. Utility comments shall be forwarded to the Director of Public Works for approval. 46. Submit the Final Map shall to the public utility companies for review and comment. Utility comments shall be forwarded to the Director of Public Works for approval STREETS 47. Obtain approval from the Director of Public Works prior to excavating in any street recently over-laid or slurry sealed. The Director of Public Works shall approve the method of repair of any such trenches, but shall not be limited to an overlay, slurry seal, or fog seal. 48. All trenching in City streets shall utilize saw cutting. Any over cuts shall be cleaned and filled with epoxy. 49. All street .repairs shall be constructed to City standards. 50. 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. 51. Overlay, slurry seal, or fog seal any roads dedicated to the City prior to acceptance by the City may be required as directed by the Director of Public Works. CURB. GUTTER AND SIDEWALK 52. Utilize saw cuts for all. repairs made in curb, gutter, and sidewalk. 53. Install tree wells for all trees planted adjacent to curb, gutter and sidewalk to prevent damage due to root growth. GRADING 54. Perform all grading in conformance with the City Grading Ordinance. 55. 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. 56. Submit all retaining. wall calculations for review and approval by the Director of Public Works for walls not constructed per City standards. DRAINAGE 57. All drainage facilities shall be designed to accommodate a 100-year storm flow. 58. All drainage facilities shall be in accordance with the Drainage Master Plan. DEDICATIONS AND EASEMENTS 59. All easements, abandonments, or similar documents to be recorded 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. 60. Abandonment of public streets and public easements shall be listed on the final map, in accordance with Section 66499.20 of the Subdivision Map Act. PERMITS 61. 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. 62. Obtain a grading permit prior to commencement of any grading operations on site. FEES 63. Pay all required City fees at the time they are due. 64. 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. AGREEMENTS 65. 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. 66. 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. IMPROVEMENT SECURITIES 67. All improvement securities shall be of a form as set forth in Development Code Section 16.68.090, Improvement Securities. 68. Submit an engineer's estimate of quantities for public improvements for review by the Director of Public Works. 69. Provide financial security for the following, to be based upon a construction cost estimate approved by the Director of Public Works: 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 70. 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. 71. Preliminary Title Report: A current preliminary title report shall be submitted to the Director of Public Works priorto checking the map. 72. Subdivision Guarantee: A current subdivision guarantee shall be submitted to the Director of Public Works with the final submittal of the Map. PRIOR TO ISSUING A BUILDING PERMIT 73. The Final Map shall be recorded with all pertinent conditions of approval satisfied. PRIOR TO ISSUING A CERTIFICATE OF OCCUPANCY 74. All utilities shall be operational. 75. 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 Director of Public Works. 76. Prior to the final 10% of occupancies for the project are issued, all improvements shall be fully constructed and accepted by the City. PARKS. RECREATION AND FACILITIES DEPARTMENT GENERAL CONDITION: 77. Prior to issuance of building permits, the applicant shall submit a final landscape plan, subject to review and approval by the Parks, Recreation and Facilities Director. BUILDING AND FIRE DEPARTMENT SPECIAL CONDITION: 78. Secondary Fire Department access shall be provided to the satisfaction of the Fire Chief. GENERAL CONDITIONS: BUILDING CODES 79. The project shall comply with the most recent editions of all California Building and Fire Codes, as adopted by the City of Arroyo Grande. DISABLED ACCESS 80. Provide complete compliance with State and Federal disabled access requirements. FIRE LANES 81. All fire lanes must be posted and enforced, per Police Department and Fire Department guidelines. FIRE FLOW/HYDRANTS 82. Project shall Have a fire flow based on the California Fire Code appendix III-A. 83. Prior to combustible materials being placed on site, fire hydrants shall be installed, per Fire Department and Public Works Department standards. SECURITY KEY BOX 84. Prior to Occupancy, applicant must provide an approved "security key vault," per Building and Fire Department guidelines. FIRE SPRINKLERS 85. Prior to Occupancy, all buildings must be fully sprinklered per Building and Fire Department guidelines. 86. Provide Fire Department approved access or sprinkler-system per National Fire Protection Association Standards. ABANDONMENT/NON-CONFORMING 87. Prior to map recordation, issuance of a grading permit or building permit, whichever occurs first, applicant shall show proof of properly abandoning all non- conforming items such as septic tanks, wells, underground piping and other undesirable conditions. DEMOLITION PERMIT 88. Prior to issuance of a building permit, a demolition permit must be applied for, approved and issued. Development fees resulting from demolition will be appropriately credited to the property. OTHER APPROVALS 89. Any review costs generated by outside consultants, shall be paid ~by the applicant. FEES TO BE PAID PRIOR TO ISSUANCE OF BUILDING PERMIT 90. Water. Meter, service main, distribution, and availability fees, to be based on codes and rates in effect at the time of building permit issuance. 91. Water Neutralization fee, to be based on codes and rates in effect at the time of building permit issuance. 92. Traffic Impact fee, to be based on codes and rates in effect at the time of building permit issuance. 93. Traffic Sigrialization fee, to be based on codes and rates in effect at the time of building peimit issuance. 94. Sewer hook-up & facility Permit fees, to be based on codes and rates in effect at the time of building permit issuance. 95. Drainage fee, as required by the area drainage plan for the area being developed. 96. Building Permit fees, to be based on codes and rates in effect at the time of building permit issuance. 97. Strong Motion Instrumentation Program (SMIP) fee, to be based on codes and rates in effect at the time of building permit issuance in accordance with State mandate. 98. Park Development fee, to be based on codes and rates in effect at the time of building permit issuance. (Residential Development only) 99. Park Improvements fee, to be based on codes and rates in effect at the time of building permit issuance. (Residential Development only) 100. Street Tree fees, to be based on codes and rates in effect at the time of building permit issuance. (Residential Development only) 101. Community Centers fee, to be based on codes and rates in effect at the time of building permit issuance. (Residential Development only) 102. Fire Protection fee, to be based on codes and rates in effect at the time of building permit issuance. 103. Police Facilities. fee, to be based on codes and rates in effect at the time of building permit issuance. Notice is hereby given, pursuant to Government Code Section 66020, that the applicant shall have 90 days from the date of this approval to protest the fees and dedications imposed by this approval. PLANNING COMMISSION SPECIAL CONDITION: 104. Except at the. direction of the Fire .Chief, no trees shall be removed from the property until such time as necessary, as evidenced by the issuance of a grading permit. 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. 4168 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 10`h day of March 2009. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 11th day of March 2009. KELLY W~'i'MdRE. CITY CLERK