Loading...
HomeMy WebLinkAbout2013-04RESOLUTION NO.2013-04 ADOPTING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE AND APPROVING MINOR SUBDIVISION REQUEST MS851-2011 AND DENYING VARIANCE REQUEST VAR11-0003 AT 1 OHLSON LANE (APN: 200-220-017 - OHLSON) WHEREAS, Thomas and Gloria Ohlson (OWNER) and DeBolt Civil Engineering (APPLICANT) have requested approval of a Minor Subdivision request to subdivide an existing 2.49 +/- acre parcel into two single family residential parcels, resulting in one additional parcel. While both parcels would have gross square footages that meet the minimum lot size requirements, a Variance request is required to allow Parcel A to have a net area of 36,318+/- square feet where 40,000 square feet is required and Parcel B to have a net area of 61,447+/- square feet where 65,000 square feet is required, due to a shared access driveway; and WHEREAS, the subject property is located at 1 Ohlson Lane, APN: 200-220-017; and WHEREAS, the Towri s Subdivision Ordinance requires approval of a Minor Subdivision request prior to recordation of a Parcel Map; and WHEREAS, the Town's Single Family Residential District Ordinance requires approval of a Variance application to allow any reduction in minimum required development standards; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on March 26, 2013; and WHEREAS, the public notice of this action was given in all respects as required by law; and WHEREAS, a staff report was submitted recommending that the Planning Commission approve the request; and WHEREAS, the Planning Commission did hear and consider all reports, recommendations, and testimony submitted in writing and presented at the hearing; now, therefore, be it RESOLVED that the Danville Planning Commission adopts the Mitigated Negative Declaration of Environmental Significance and approves Minor Subdivision request MS851-2011 and denies Variance request VAR11-0003 and makes the following findings in support of this action: FINDINGS OF APPROVAL Minor Subdivision 1. The proposed subdivision is in substantial conformance with the goals and policies of the Danville 2010 General Plan. 2. The design of the proposed subdivision is in substantial conformance with the applicable zoning regulations. 3. The design of the subdivision and the type of associated improvements will not likely cause serious public health problems because water and sanitary facilities services will be available to the new parcel. 4. The density of the subdivision is physically suitable for the proposed density of the development. 5. The design of the proposed subdivision and improvements are not likely to cause substantial environmental damage or subsequently injure fish or wildlife or their habitat since this property is in an area where residential development has previously occurred. 6. The design of the proposed subdivision and proposed improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. FINDINGS OF DENIAL Variance 1. This variance does constitute a grant of special privilege inconsistent with the limitations on other properties in the area and the R-40; Single Family Residential PAGE 2 OF RESOLUTION NO.2013-04 District and the R-65; Single Family Residential District in which the subject property is located. 2. Strict application of the zoning regulations would not deprive the subject property of rights enjoyed by others in the general vicinity and/or located in the same zoning district: a. A two parcel subdivision of the subject property could be accomplished without the need for approval of a variance. The fact that the variance would allow for a shared driveway which would reduce the overall amount of new impervious surface area and associated stormwater runoff is not relevant. CONDITIONS OF APPROVAL Conditions of approval with an asterisk (*) in the left-hand column are standard project conditions of approval. Conditions of approval typed in italicized text are mitigation measures derived from the Mitigated Negative Declaration of Environmental Significance prepared for the project. Unless otherwise specified, the following conditions shall be complied with prior to the issuance of a grading or building permit, whichever occurs first. Each item is subject to review and approval by the Planning Division unless otherwise specified. A. GENERAL 1. This approval is for a Minor Subdivision request to subdivide an existing 2.49 +/- acre parcel into two single family residential parcels, resulting in one additional parcel. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; a. Vesting Tentative Map and Storm Water Management Plan as prepared by DeBolt Civil Engineering, consisting of two sheets, dated received by the Planning Division on January 30, 2013. b. Geotechnical Study labeled "Soil and Geologic Reconnaissance, Ohlson Property," as prepared by ENGEO Incorporated on July 10, 1998 and updated on April 21, 2011. PAGE 3 OF RESOLUTION NO.2013-04 C. Stormwater Control Plan, as prepared by DeBolt Civil Engineering, dated February, 2013. d. The Vesting Tentative Map shall be revised during the final map stage as follows: the access easement shall be reduced and limited to the minimum area required to provide access to Parcel B across the southeast portion of Parcel A, so that the resulting net parcel sizes and dimensions meet the minimum requirements for each parcel's respective zoning districts. 2. All Town and other related fees that the property may be subject to shall be paid by the applicant. These fees shall be based on the current fee schedule in effect at the time the relevant permits are secured, and shall be paid prior to issuance of said permit and prior to any Town Council final approval action. The following fees are due at final map approval for the above -mentioned project: 1. Map Check Fee............................................................. $ 2560.00 2. Improvement Plan Check Fee .................... 3 % of cost estimate 3. Engineering Inspection Fee ........................ 5 % of cost estimate 4. Grading Permit, Plan Check & Inspection Fee ..................TBD 5. Base Map Revision Fee .................................................... $176.00 6. Excavation Mitigation Fee (Flood Control) ............... $1070.00 7. Park Land in Lieu Fee (credit for existing) ............... $ 9435.00 The following fees are due at building permit issuance for the above - mentioned project: 1. Child Care Facilities Fee ...................................... $ 335.00 2. Finish Grading Inspection Fee .............................. $ 76.00 3. Storm Water Pollution Program Fee .................... $ 51.00 4. SCC Regional Fee...............................................$1,233.00 5. Residential TIP Fee ............................................ $ 2,000.00 6. Tri-Valley Transportation Fee .......................... $ 2,279.00 3. Prior to the issuance of grading or building permits, whichever occurs first, the applicant shall reimburse the Town for notifying surrounding residents of the public hearing. The fee shall be $165.65 ($120 plus 55 notices X $.83 per notice). PAGE 4 OF RESOLUTION NO.2013-04 * 4. Prior to the issuance of grading or building permits, the applicant shall submit written documentation that all requirements of the San Ramon Valley Fire Protection District (SRVFPD) and the San Ramon Valley Unified School District have been, or will be, met to the satisfaction of these respective agencies. * 5. The applicant shall submit to the Town of Danville fees required to file a Notice of Determination for this project as required by AB 3185. The fee shall be $2156.25. This check shall be made payable to the Contra Costa County Clerk's Office and shall be submitted to the Town within five days of project approval. The applicant shall also submit within five days of project approval a separate check in the amount of $50.00 made payable to the Contra Costa County Clerk's Office as required to cover the County's processing fee. * 6. In the event that subsurface archeological remains are discovered during any construction or preconstruction activities on the site, all land alteration work within 100 feet of the find shall be halted, the Town Planning Division notified, and a professional archeologist, certified by the Society of California Archeology and/or the Society of Professional Archeology, shall be notified. Site work in this area shall not occur until the archeologist has had an opportunity to evaluate the significance of the find and to outline appropriate mitigation measures, if deemed necessary. If prehistoric archaeological deposits are discovered during development of the site, local Native American organizations shall be consulted and involved in making resource management decisions. * 7. Construction activity shall be restricted to the period between the zt�eekday hours of 7:30 a.m. to 5:30 p.m. (Monday through Friday), unless otherzt7ise approved in u7riting by the City Engineer for general construction activity and the Chief Building Official for building construction activity. Prior to any construction work on the site, including grading, the applicant shall install a minimum 3'x3' sign at the project entry znhich specifies the allowable construction zoork days and hours, and lists the name and contact person for the overall project manager and all contractors and sub -contractors working on the job. * 8. The applicant shall provide security fencing, to the satisfaction of the City Engineer and/or the Chief Building Official, around the site during PAGE 5 OF RESOLUTION NO. 2013-04 construction of the project. * 9. The applicant shall require contractors and subcontractors to fit all internal combustion engines a th mufflers, a)hich are in good condition, and to locate stationary noise -generating equipment as far azc�ay from existing residences as feasible. * 10. A watering program which incorporates the use of a dust suppressant, and which complies with Regulation 2 of the Bay Area Air Quality Management District shall be established and implemented for all on and off -site construction activities. Equipment and human resources for watering all exposed or disturbed soil surfaces shall be supplied on weekends and holidays as well as workdays. Dust -producing activities shall be discontinued during high wind periods. * 11. All physical improvements shall be in place prior to occupancy of any new structure in the project. If occupancy within the project is requested to occur in phases, all physical improvements shall be required to be in place prior to occupancy except for items specifically excluded in a construction -phases occupancy plan approved by the Planning Division. * 12. The applicant shall submit a written Compliance Report detailing how the conditions of approval for this project have been complied with as part of the initial submittal for the final map, plan check, and/or building permit review process (whichever occurs first). This report shall list each condition of approval followed by a description of what the applicant has provided as evidence of compliance with that condition. The applicant must sign the report. The report is subject to review and approval by the City Engineer and/or Chief of Planning and/or Chief Building Official, and may be rejected by the Town if it is not comprehensive with respect to the applicable conditions of approval. * 13. Planning Division sign -off is required prior to final Building Inspection sign -off. B. SITE PLANNING * 1. All lighting shall be installed in such a manner that lighting is generally down directed and glare is directed away from surrounding properties PAGE 6 OF RESOLUTION NO. 2013-04 and rights -of -way. * 2. The location of any pad mounted electrical transformers shall be subject to review and approval by the Planning Division prior to the issuance of a building permit. To the extent feasible, such transformers shall not be located between any street and the front of a building. * 3. Any on -site wells and septic systems shall be destroyed in accordance with Contra Costa County Health Services Department - Environmental Health Division regulations. Environmental Health Division permit and inspections for this work shall be obtained. 4. Upon approval and recordation of the new subdivision map, the roadway maintenance agreement recorded as Series No. 84-51445 on April 16, 1984 shall be amended to segregate the maintenance responsibilities for Ohlson Lane (a private road) among current property owners who are party to the agreement, and all future property owners within the boundaries of the subject minor subdivision. Another similar road maintenance agreement for Ohlson Lane was recorded as Series No. 92-369824 on November 26, 1992 among the property owners within MS855-90. It would be advantageous for the two agreements to be combined into one for the benefit of all property owners who utilize Ohlson Lane for access to their properties. 5. In accordance with Danville Municipal Code §31-11.14 et seq., the applicant will be required to guarantee the installation of common area improvements that benefit both created parcels. Said common area improvements will include shared portions of driveways and storm drain systems. The guarantee will take the form of a Subdivision Agreement and acceptable performance security. The applicant is encouraged to read and understand the Municipal Code requirements associated with this guarantee and be prepared to execute the agreement and provide the performance security in advance of the approval of the final map. C. LANDSCAPING 1. This approval does not authorize the removal of any Town -protected trees. A security deposit in the amount of the assessed value of the Town - protected tree(s) on the property (calculated pursuant to the Towri s Tree PAGE 7 OF RESOLUTION NO.2013-04 Protection Ordinance) shall be posted with the Town prior to the issuance of a grading permit or building permit to maximize the probability that the affected trees will be retained in good health. The applicant shall be required to secure an appraisal of the condition and value of all affected trees. The appraisal shall be done in accordance with the current edition of the "Guide for Establishing Values of Trees and Other Plants," by the Council of Tree and Landscape Appraisers under the auspices of the International Society of Arboriculture. The appraisal shall be performed by a Certified Arborist, and shall be subject to review and approval by the Chief of Planning. A tree preservation agreement shall be prepared that outlines the intended and allowed use of funds posted as a tree preservation security deposit. That portion of the security deposit still held by the Town two full growing seasons after project completion shall be returned upon verification that the trees covered by the deposit are as healthy as can be provided for under the terms of the tree preservation agreement. All grading or construction work in proximity to Town - protected trees shall be supervised by a Certified Arborist. 2. Prior to the recordation of the Final Map, the applicant shall prepare for Town approval an Operation and Maintenance Agreement and Plan for the subdivision. These documents shall also be recorded prior to recordation of the Final Map. 3. The preservation of existing trees and/or additional tree planting to help screen the development from view shall be established. Trees shall be a minimum 24" box size. D. ARCHITECTURE * 1. All ducts, meters, air conditioning and/ or any other mechanical equipment whether on the structure or on the ground shall be effectively screened from view with landscaping or materials architecturally compatible with the main structures. * 2. The street numbers for each building in the project shall be posted so as to be easily seen from the street at all times, day and night by emergency service personnel. 3. Development of new homes on both parcels shall be subject to approval of PAGE 8 OF RESOLUTION NO. 2013-04 a Development Plan application by the Town's Planning Division, with the following requirements: (a) Mass: The design of the primary residence shall minimize the perception of excessive bulk. Structures constructed on slopes shall utilize stepped foundations. Architecture shall include sufficient variation to avoid large flat wall areas and to create shade and shadow. Two-story vertical walls and long, uninterrupted roof ridgelines shall be avoided. (b) Colors and materials: The use of natural and non -reflective colors and materials. (c) Landscaping: The preservation of existing trees and/or additional tree planting to help screen the development from view shall be established. (d) Public notice requirement: The receipt of the development plan application shall be circulated to property owners within 750 feet for a public comment period. E. GRADING * 1. Any grading on adjacent properties will require prior written approval of those property owners affected. * 2. At least one week prior to commencement of grading, the applicant shall post the site and mail to the owners of property within 300 feet of the exterior boundary of the project site, to the homeowner associations of nearby residential projects and to the Town of Danville Development Services Department, a notice that construction work will commence. The notice shall include a list of contact persons with name, title, phone number and area of responsibility. The person responsible for maintaining the list shall be included. The list shall be kept current at all times and shall consist of persons with authority to initiate corrective action in their area of responsibility. The names of individuals responsible for dust, noise and litter control shall be expressly identified in the notice. * 3. Development shall be completed in compliance zi ith a detailed soils report and the construction grading plans prepared for this project. The engineering recommendations outlined in the project specific soils report shall be incorporated into the design of this project. The report shall include specific recommendations for foundation design of the proposed buildings and shall be subject to review and approval by the Toum's Engineering and Planning Divisions. A design level geotechnical exploration report shall be required before the final design of any PAGE 9 OF RESOLUTION NO.2013-04 residential unit or site improvement is developed to identify zt?ays of mitigating the colluvial deposits zoithin the szoale area of the site, to resist potential movement in expansive soils, and to design suitable foundations for any structures. * 4. Where soils or geologic conditions encountered in grading operations are different from that anticipated in the soil report, a revised soils report shall be submitted for review and approval by the City Engineer. It shall be accompanied by an engineering and geological opinion as to the safety of the site from settlement and seismic activity. * 5. All development shall take place in compliance with the Town Erosion Control Ordinance (Ord. 91-25). Restrictions include limiting construction primarily to the dry months of the year (May through October). If all or part of the construction does occur during the rainy season, the developer shall submit an Erosion Control Plan to the City Engineer for review and approval. This plan shall incorporate erosion control devices such as the use of sediment traps, silt fencing, pad berming and other techniques to minimize erosion. * 6. All grading activity shall address National Pollutant Discharge Elimination System (NPDES) concerns. Specific measures to control sediment runoff, construction pollution and other potential construction contamination shall be addressed through the Erosion Control Plan (ECP) and/or Stormzi7ater Pollution Prevention Plan (SWPPP). The SWPPP shall supplement the Erosion Control Plan and project improvement plans. These documents shall also be kept on -site While the project is under construction. A NPDES construction permit may be required, as determined by the City Engineer. * 7. All new development shall be consistent with modern design for resistance to seismic forces. All new development shall be in accordance with the Uniform Building Code and Town of Danville Ordinances. * 8. All cut and fill areas shall be appropriately designed to minimize the effects of ground shaking and settlement. * 9. Stockpiles of debris, soil, sand or other materials that can be blown by the wind shall be covered. PAGE 10 OF RESOLUTION NO. 2013-04 * 10. If toxic or contaminated soil is encountered during construction, all construction activity in that area shall cease until the appropriate action is determined and implemented. The concentrations, extent of the contamination and mitigation shall be determined by the Contra Costa County Health Department. Suitable disposal and/or treatment of any contaminated soil shall meet all federal, state and local regulations. If deemed appropriate by the Health Department, the applicant shall make provisions for immediate containment of the materials. Runoff from any contaminated soil shall not be allowed to enter any drainage facility, inlet or creek. 11. The applicant shall create a construction staging plan that addresses the ingress and egress location for all construction vehicles, parking and material storage area. This plan shall be subject to review and approval by the Town prior to the issuance of a grading permit. 12. The applicant must obtain a Grading Permit in conformance with Municipal Code Chapter 19. A plan showing appropriate erosion and sediment control measures shall accompany any plans developed in support of the Grading Permit, subject to the review and approval of the Town. The applicant is responsible for payment of all fees and security deposits according to the schedule in effect at the time the permit is issued. F. STREETS * 1. Street signing shall be installed by the applicant as may be required by the City Engineer. Traffic signs and parking restriction signs, which may be required to be installed, shall be subject to review and approval by the Transportation Division and the Police Department. * 2. All mud or dirt carried off the construction site onto adjacent streets shall be swept each day. Water flushing of site debris or sediment or concrete washing is expressly prohibited. * 3. Any damage to street improvements now existing or done during construction on or adjacent to the subject property shall be repaired to the satisfaction of the City Engineer, at full expense to the applicant. This PAGE 11 OF RESOLUTION NO. 2013-04 shall include slurry seal, overlay or street reconstruction if deemed warranted by the City Engineer. G. INFRASTRUCTURE * 1. Domestic water supply shall be from an existing public water system. Water supply service shall be from the East Bay Municipal Utility District water system in accordance with the requirements of the District. * 2. All wastewater shall be disposed into an existing sewer system. Sewer disposal service shall be from the Central Contra Costa Sanitary District sewer system in accordance with the requirements of the District. * 3. Drainage facilities and easements shall be provided to the satisfaction of the City Engineer and/or the Chief Engineer of the Contra Costa County Flood Control & Water Conservation District. * 4. All required improvements to area creeks for drainage purposes shall meet the requirements of existing Town of Danville, Contra Costa County Flood Control & Water Conservation District, the Department of Fish & Game, the Department of U.S. Fish and Wildlife, California Regional Water Quality Control Board and the United States Army Corps of Engineers codes and policies. * 5. If a storm drain must cross a lot, or be in an easement between lots, the easement shall be equal to or at least double the depth of the storm drain. * 6. All new utilities required to serve the development shall be installed underground in accordance with the Town policies and existing ordinances. All utilities shall be located and provided within public utility easements, sited to meet utility company standards or in public streets. * 7. All street, drainage or grading improvement plans shall be prepared by a licensed civil engineer. H. MISCELLANEOUS * 1. The project shall be constructed as approved. Minor modifications in the design, but not the use, may be approved by staff. Any other change will PAGE 12 OF RESOLUTION NO. 2013-04 require Planning Division approval through the Development Plan review process. * 2. Pursuant to Government Code section 66474.9, the applicant (including the applicant or any agent thereof) shall defend, indemnify and hold harmless the Town of Danville and its agents, officers and employees from any claim, action or proceeding against the Town or its agents, officers or employees to attack, set aside, void, or annul, the Town's approval concerning this application, which action is brought within the time period provided for in Section 66499.37. The Town will promptly notify the applicant of any such claim, action or proceeding and cooperate fully in the defense. * 3. As a part of the issuance of a demolition permit and/or building permit for the project, the developer shall submit a recycling plan for building and construction materials and the disposal of green waste generated from land clearing on the site. Prior to obtaining framing inspection approval for the project, the applicant/owner shall provide the Planning Division with written documentation (e.g. receipts or records) indicating that waste materials created from the demolition of existing buildings and the construction of new buildings were/ are being recycled according to their recycling plan or in an equivalent manner. * 4. The proposed project shall conform to the Toum's Stormimter Management and Discharge Control Ordinance (Ord. No. 2004-06) and all applicable construction Best Management Practices (BMPs) for the site. For example, construction BMPs may include, but are not limited to: the storage and handling of construction materials, street cleaning, proper disposal of wastes and debris, painting, concrete operations, dezoatering operations, pavement operations, vehicl%quipment cleaning, maintenance and fueling and stabilization of construction entrances. Training of contractors on BMPs for construction activities is a requirement of this permit. At the discretion of the City Engineer, a Storm Water Pollution Prevention Plan (SWPPP) may be required for projects under five acres. * 5. Prior to commencement of any site work that will result in a land disturbance of one (1) acre or more in area, the applicant/oumer shall submit evidence to the Toum that the requirements for obtaining a State General Construction Permit have been met. Such evidence may be the copy of a WDID number issued by the PAGE 13 OF RESOLUTION NO.2013-04 State Water Resources Control Board in response to an application submitted via their online SMARTS System by a qualified SWPPP developer. Additionally, the applicant/owner shall submit evidence that the requirements for obtaining the U.S. Army Corps of Engineers 404 Permit, the State Water Resources Control Board 401 Certification, and the California Department of Fish and Game's Streambank Alteration Agreement have been or will be met. Such evidence might be a copy of the permit(s)/agreement and/or a letter from the applicant/owner stating that the above permit(s) are not required for the subject project. * 6. The project shall conform to the Regional Water Quality Control Board post - construction C.3 regulations which shall be designed and engineered to integrate into the project's overall site, architectural, landscaping and improvement plans. These requirements are contained in the project's Stormwater Control Plan and are to be implemented as follows: Prior to issuance of permits for building, site improvements, or landscaping, the permit application shall be consistent with the applicant's approved Stormwater Control Plan and shall include drawings and specifications necessary to implement all measures in the approved plan. The permit application shall include a completed Construction Plan C.3 Checklist as described in the Town's Stormwater C.3 Guidebook. As may be required by the City Engineer and the Chief of Planning, drawings submitted with the permit application (including structural, mechanical, architectural, grading, drainage, site, landscape, and other drawings) shall show the details and methods of construction for site design features, measures to limit directly connected impervious area, pervious pavements, self -retaining areas, treatment (Best Management Practices) BMPs, permanent source control BMPs, and other features that control Stormwater flow and potential stormwater pollutants. • Prior to building permit final and issuance of a Certificate of Occupancy, the applicant shall execute any agreements identified in the Stormwater Control Plan which pertain to the transfer of ownership and/or long-term maintenance of Stormwater treatment or hydrograph modification BMPs. • Prior to building permit final and issuance of a Certificate of Occupancy, the applicant shall submit, for the Town's review and approval, a Stormwater BMP Operation and Maintenance Plan in accordance with the Town of Danville guidelines. Guidelines for the preparation of Stormwater BMP PAGE 14 OF RESOLUTION NO.2013-04 Operation and Maintenance Plans are in the Toum's Stormimter C.3 Guidebook. 7. As part of this project, the applicant shall prepare and record an Operations and Maintenance Agreement and Plan to ensure that the storm water pollution control facilities are properly maintained and operated post construction. The Integrated Management Practices (IMP) proposed for the treatment areas shall be consistent u7ith the recommendations of the Contra Costa Clean Water Program. 8. A final Stormwater Control Plan shall be submitted for review and approval by the Town prior to recordation of the parcel map. 9. Both IMP-1 & IMP-2 must have an unobstructed minimum four -foot width access path, without a fence, from the access road in order to maintain and inspect the facilities. These pathways must have an access easement allowing the Town of Danville or its designee to inspect the facilities as necessary. 10. Future development of Parcel B shall meet all San Ramon Valley Fire Protection District requirements, including the requirement to provide adequate water supply, in compliance with the California Fire Code water storage requirements. 11. Portions of the driveway with slopes exceeding 15 % shall be constructed with grooved concrete. 12. Because the grading work involves moving more than 100 cubic yards of soil, the applicant must obtain a Grading Permit in conformance with Municipal Code Chapter 19. A plan showing appropriate erosion and sediment control measures shall accompany any plans developed in support of the Grading Permit, subject to the review and approval of the Town. The applicant is responsible for payment of all fees according to the schedule in effect at the time the permit is issued. 13. The project proposes to discharge treated stormwater onto the north side of Ohlson Lane at the eastern subdivision boundary where it will flow against the existing curb to the downstream inlet located near the intersection of Ohlson Lane and El Pintado Road. The applicant's engineer shall perform a hydraulic calculation for review and approval by PAGE 15 OF RESOLUTION NO.2013-04 the City Engineer that demonstrates the existing curb is sufficient in height to contain the 10-year storm flows. If the curb is insufficient in height, the curb shall be removed and replaced with a new curb that has sufficient height. APPROVED by the Danville Planning Commission at a regular meeting on March 26, 2013, by the following vote: AYES: Bowles, Combs, Haberl, V NOES: Heusler, Radich ABSTAINED: - ABSENT: Graham, Overcashier APPROVED AS TO FORM: City Attorney Chief of Pla g PAGE 16 OF RESOLUTION NO. 2013-04