Santa Maria City Council
November 7, 2023

ii. Future development of the project site would be served by the SMPD, located at 1111 West Betteravia Road, approximately 1.5 mile southwest of the project site. The project does not propose a new use or activity that would require additional police services above what is normally provided for similar surrounding public facility uses and residential developments.

The proposed project would not result in a substantial increase in demand for police protection; therefore, potential impacts would be less than significant. iii. The project site is located within the Santa Maria -Bonita and Santa Maria Joint Union High School Districts. Under the proposed PF zoning, future development on the project site would be for expansion of cemetery district facilities. Any future permit applications submitted for development on the site would be reviewed for potential impacts to surrounding schools.

Therefore, the project would not result in a need for new or physically altered school facilities, and impacts would be less than significant.
iv. The City's recreation system is comprised of several local parks and recreational facilities.

The nearest public park to the project site is the Enos Historic House Park, located approximately 1,300 -feet to the east. Future expansion of the cemetery district would not result in an increased demand on existing park facilities in the vicinity and would not result in the need for new or physically altered park facilities; therefore, potential impacts would be less than significant.
v. As discussed above, the proposed project would be subject to applicable fees to offset negligible increased demands on public facilities; therefore, impacts related to other public facilities would be less than significant.

Mitigation Measure(s) incorporated into the project:

Implementation of the proposed project would not result in potentially significant impacts related to public services; therefore, mitigation is not necessary.

Santa Maria Cemetery GPA, Rezone, and Planned Development Permit April 17, 2023 GPZ2021-0003 & PD2022-0014 Environmental Checklist

16. RECREATION
Would the project:

Potentially
Significant Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant Impact
No Impact
a.

Would the project increase the use of existing
neighborhood and regional parks or other
recreational facilities such that substantial
physical deterioration of the facility would occur
or be accelerated?
X
b.

Does the project include recreational facilities or
require the construction or expansion of
recreational facilities which might have an
adverse physical effect on the environment?
X
Setting:

The City's recreation system is comprised of several local parks and recreational facilities, which are managed by the City Department of Recreation and Parks. The department operates 234 acres of developed parkland in 27 neighborhood and community parks.

Discussion:
a -b. The City's recreation system is comprised of several local parks and recreational facilities. Future expansion of the cemetery district would not result in an increase in the use of existing park facilities in the vicinity and would not result in the need for new or physically altered park facilities. The proposed project would not increase use of existing neighborhood or regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated. In addition, the proposed project does not include the construction of recreational facilities or expansion of existing recreational facilities. Any potential future development of the project site would include land uses that would not require development or expansion of existing recreational facilities; therefore, potential impacts would be less than significant.

Mitigation Measure(s) incorporated into the project:

Implementation of the proposed project would not result in potentially significant impacts related to recreation; therefore, mitigation is not necessary.

Santa Maria Cemetery GPA, Rezone, and Planned Development Permit April 17, 2023 GPZ2021-0003 & PD2022-0014 Environmental Checklist

17. TRANSPORTATION
Would the project:

Potentially
Significant Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant Impact
No Impact
a.

Conflict with a program, plan, ordinance or policy
addressing the circulation system, including transit,
roadway, bicycle and pedestrian facilities?
X
b.

Conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b)?
X
c.

Substantially increase hazards due to a geometric
design feature (e.g., sharp curves or dangerous
intersections) or incompatible uses (e.g., farm
equipment)?
X
d.

Result in inadequate emergency access?
X
Setting:

The CEQA Guidelines use Vehicle Miles Traveled (VMT) as the basis for determining significant impacts, unless the Guidelines provide specific exceptions.

Based on the City of Santa Maria's adopted VMT Thresholds, transportation impacts are considered significant if the proposed project would result in a VMT per capita or office VMT per employee above 85% of the countywide average, consistent with technical guidance published by the OPR. OPR's Technical Advisory lists the following screening thresholds for land use projects. These types of development projects are presumed to have a less than significant impact on VMT and therefore, a less than significant adverse impact on transportation. OPR's Technical Advisory suggests that lead agencies may screen out VMT impacts using project size, maps, transit accessibility, and provision of affordable housing. Screening criteria are as follows:
• Project Size: Projects that are consistent with the Sustainable Communities Strategy (SCS) or General Plan and generate or attract fewer than 110 daily trips. • Proximity to High Quality Transit: Residential or office projects within one-half mile of an existing major transit station or stop along an existing high -quality transit corridor can be presumed to have a less than significant transportation impact.
• Affordable Housing Development: Projects where a minimum of 20% of the units are deed restricted for low or very low income residents.
• Local Serving Retail typically less than 50,000 square feet • Infrastructure: Projects that would not likely lead to a substantial or measurable increase the vehicle travel are presumed to be VMT neutral and generally presumed to have a less than significant transportation impact (i.e., induced VMT). These include: Roadway Maintenance and Rehab Projects; Signal Timing/Synchronization/Adaptive Signal Control/Signal Preemption Improvements; Intersection Control Type and Turn Lane Channelization Improvements; Widening for Local or Local Collector Streets; and Transit/Bicycle/Pedestrian Infrastructure Improvements. • Projects that fall within an identified location that demonstrated VMT per Capita for residential projects below 85 % of the countywide average for that metric.

Santa Maria Cemetery GPA, Rezone, and Planned Development Permit April 17, 2023 GPZ2021-0003 & PD2022-0014 Environmental Checklist

The City of Santa Maria's adopted threshold is 85% of the existing countywide baseline VMT per capita, as calculated within the City of Santa Maria for residential uses. The City threshold based on 85% of the countywide average would be 12.34 VMT.

Discussion:
a -b. The project includes the GPA and rezone to allow for the future development of cemetery district maintenance facilities permitted under the Public Facilities zoning. The project applicant has provided a site plan for the development of a cemetery district maintenance building. The project meets the screening criteria to screen out VMT impacts because the project would generate fewer than 110 daily trips (per CEQA). Trip generation estimates were calculated for the conceptual plan using rates presented in the Institute of Transportation Engineers (ITE) Trip Generation manual for cemetery employees, with the assumption that no trips represent pass -by trips. The conceptual plan for a maintenance building with three garage bays, an office and a break room, would result in approximately 52 average daily trips, including 11 trips during the AM peak hour and 12 trips during the PM peak hour.

Therefore, this portion of the proposed project would be covered by this screening threshold and would not require VMT analysis pursuant to City Guidelines or SB 743. Further, the project would not exceed the City threshold for VMT per capita and impacts would be less than significant. c. The project would be developed on an existing parcel and would not alter or affect existing street and intersection networks. The project would be required to comply with City design standards for vehicular access and circulation, including construction and remediation haul trips, and the current Fire Code.

Compliance with these standards would prevent hazardous design features and would ensure adequate and safe site access and circulation. The project would not introduce incompatible uses, including vehicles or equipment, to the site or the surrounding area. There would be no impact. d. Access to the project would be provided from Newlove Drive on the north and South College Drive to the east. The proposed project would be required to comply with all building, fire, and safety codes and development plans would be subject to review and approval by the City's Municipal Code. Required review by these departments would ensure the circulation system for the project site would provide adequate emergency access. In addition, the proposed project would not require temporary or permanent closures to roadways and would result in no impacts.

Mitigation Measure(s) incorporated into the project:

Implementation of the proposed project would not result in potentially significant impacts related to transportation; therefore, mitigation is not necessary.

Santa Maria Cemetery GPA, Rezone, and Planned Development Permit April 17, 2023 GPZ2021-0003 & PD2022-0014 Environmental Checklist

18. TRIBAL CULTURAL RESOURCES
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
a. Would the project cause a substantial adverse
change in the significance of a tribal cultural
resource, defined in Public Resources Code
section 21074 as either a site, feature, place or
cultural landscape that is geographically defined
in terms of the size and scope of the landscape,
sacred place, or object with cultural value to a
California Native American tribe, and that is:
vi. Listed or eligible for listing in the California
Register of Historical Resources, or in a
local register of historical resources as
defined in Public Resources Code section
5020.1(k), or
X
vii. A resource determined by the lead agency,
in its discretion and supported by substantial
evidence, to be significant pursuant to
criteria set forth in subdivision (c) of Public
Resources Code Section 5024.1, the lead
agency shall consider the significance of the
resource to a California Native American
tribe.

X
Setting:

Approved in 2014, AB 52 added tribal cultural resources to the categories of resources that must be evaluated under CEQA. Tribal cultural resources are defined as either of the following:
1) Sites, features, cultural landscapes, sacred places, and objects with cultural value to a California Native American tribe that are either of the following:
a) Included or determined to be eligible for inclusion in the CRHR; or b) Included in a local register of historical resources as defined in PRC Section 5020.1(k). 2) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in PRC Section 5024.1(c). In applying these criteria for the purposes of this paragraph, the lead agency shall consider the significance of the resource to a California Native American Tribe.

Santa Maria Cemetery GPA, Rezone, and Planned Development Permit April 17, 2023 GPZ2021-0003 & PD2022-0014 Environmental Checklist

Recognizing that tribes have expertise with regard to their tribal history and practices, AB 52 requires lead agencies to provide notice to tribes that are traditionally and culturally affiliated with the geographic area of a proposed project if they have requested notice of projects proposed within that area. If the tribe requests consultation within 30 days upon receipt of the notice, the lead agency must consult with the tribe regarding the potential for adverse impacts on tribal cultural resources as a result of a project. Consultation may include discussing the type of environmental review necessary, the presence and/or significance of tribal cultural resources, the level of significance of a project's impacts on the tribal cultural resources, and available project alternatives and mitigation measures recommended by the tribe to avoid or lessen potential impacts on tribal cultural resources.

Passed in 2004, Senate Bill (SB) 18 requires cities and counties to consult with Native American tribes to help protect traditional tribal cultural places as part of a general plan adoption or amendment. Unlike AB 52, SB 18 is not an amendment to, or otherwise associated with, CEQA. Instead, SB 18 requires that, prior to the adoption or amendment of a city or county's general plan, the city or county must conduct consultations with California Native American tribes for the purpose of preserving specified places, features, and objects that are located within the city or county's jurisdiction. Under SB 18, cities and counties must notify the appropriate Native American tribe(s) of intended adoption or amendments to general plans and offer the opportunity for the tribe(s) to consult regarding traditional tribal cultural places within the proposed plan area.

The City sent letters to the local Native American contacts identified by the NAHC on March 23, 2022. To date, the City has not received any requests for consultation from local tribes that were notified regarding the proposed project.

Discussion:
e. i-ii. The project site does not contain any known tribal cultural resources that have been listed, or are eligible for listing, in the CRHR, or in a local register of historical resources as defined in PRC Section 5020.1(k). The potential for the existence of buried archaeological materials within the project area is considered low based on the historic physical setting and extent of previous disturbance. In addition, the City provided notification to local tribes regarding the proposed project and received no comments or requests for consultation. Despite the low sensitivity of the site, discovery of unknown subsurface resources during future earthmoving activities associated with future development of the project site is always a possibility. Unknown significant subsurface resources, as described in Section 5, Cultural Resources, would be considered significant tribal cultural resources, as well. Standard mitigation has been proposed to ensure impacts to any unknown resources that may be encountered during project development would be avoided and/or minimized; therefore, potential project impacts would be less than significant with mitigation.

Mitigation Measure(s) incorporated into the project:

Implement Mitigation Measures CR-1 and CR-2.

Santa Maria Cemetery GPA, Rezone, and Planned Development Permit April 17, 2023 GPZ2021-0003 & PD2022-0014 Environmental Checklist

19. UTILITIES AND SERVICE SYSTEMS
Would the project:

Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
a.

Require or result in the relocation or
construction of new or expanded water,
wastewater treatment or storm water drainage,
electric power, natural gas, or
telecommunications facilities, the construction or
relocation of which could cause significant
environmental effects?
X
b.

Have sufficient water supplies available to serve
the project and reasonably foreseeable future
development during normal, dry and multiple dry
years?
X
c.

Result in a determination by the wastewater
treatment provider which serves or may serve
the project that it has adequate capacity to
serve the project's projected demand in addition
to the provider's existing commitments?
X
d.

Generate solid waste in excess of State or local
standards, or in excess of the capacity of local
infrastructure, or otherwise impair the attainment
of solid waste reduction goals?
X
e.

Comply with federal, state, and local
management and reduction statutes and
regulations related to solid waste?
X
Setting:

The City operates its own wastewater collection and treatment system. The City's wastewater collection system consists of eight wastewater basins with associated trunk sewers and one treatment plant. The Department of Utilities is responsible for delivering water, treating wastewater, refuse collection, recycling, operating the Santa Maria Regional Landfill and its Household Hazardous Waste Facility, street sweeping, and regulatory compliance. The Water Resources Operation and Maintenance Section is responsible for supplying residents with potable water for domestic, industrial, and fire protection purposes. Solid Waste Collection and Disposal Services consist of six distinct areas: refuse collection/residential, refuse collection/commercial, landfill disposal operations, street sweeping, recycling operations, and regulatory compliance. PG&E is the primary electricity provider and SoCalGas is the primary natural gas provider for the city.

Discussion:
a. The project site is located in a fully urbanized area with existing utility infrastructure in place. The City provides water, wastewater treatment, and solid waste services to the City of Santa Maria. The project also proposes three stormwater catchment basins to reduce stormwater runoff. Pacific Gas and Electric (PG&E) provides electricity to the project site. Additionally, natural gas on the project site would be provided by the Southern California Gas Company (SoCal Gas), and telecommunications would be provided by Verizon.

Santa Maria Cemetery GPA, Rezone, and Planned Development Permit April 17, 2023 GPZ2021-0003 & PD2022-0014 Environmental Checklist

The existing infrastructure noted above has adequate capacity to support the proposed project.

Therefore, no additional facilities would be required as a result of project implementation and this impact would be less than significant.
f. According to the City's Urban Water Management Plan (UWMP), the City's water supply would meet projected water demands through 2045 (City of Santa Maria 2020). The project would account for approximately 14 employees. Since employees for the cemetery district project would likely be from the existing labor pool within the city and surrounding areas, and would not result in additional population within the city, there would be sufficient water supply to meet projected water demands of the proposed project. Therefore, this impact would be less than significant. g.

The City Utilities Department owns and operates the wastewater system for the City of Santa Maria.

Currently, the City disposes of all of its treated wastewater through percolation ponds under its Waste Discharge Requirements permit. The City's wastewater treatment plant was expanded in 2009 and has a current capacity of 13.5 million gallons per day, allowing the City to serve a population of up to 120,000 people. The current population of the city is approximately 107,445 (DOF 2021). Employees for the cemetery district project would likely be from the existing labor pool within the city and surrounding areas, and would not result in additional population within the city. According to the City's UWMP, the per capita wastewater generation for the city service area is approximately 68 gallons per day (City of Santa Maria 2020). Based on the projected population in the City and this wastewater generation rate, the City has determined that the existing facilities for wastewater management will continue to be adequate for future wastewater demands. Therefore, this impact would be less than significant. d -e. The City currently disposes of solid waste at the Santa Maria Regional Landfill, located at 2065 East Main Street in Santa Maria. The City has also initiated development of a new landfill —the Santa Maria Integrated Waste Management Facility (Los Flores Ranch Landfill; Facility No. 42 -AA -0076), located in the Solomon Hills approximately 8 miles southwest of the city and 0.5 mile east of US 101 in an unincorporated portion of Santa Barbara County. The new facility will have a design capacity of approximately 131 million cubic yards of waste with an estimated closure date of 2105. The permit for the new facility is consistent with the Santa Barbara County Integrated Waste Management Plan, which was approved by the California Department of Resource Recycling and Recovery (CalRecycle) on October 18, 2011, as well as the standards adopted by CalRecycle, pursuant to PRC Section 44010. In addition, the design and planned operation of the facility is consistent with the State Minimum Standards for Solid Waste Handling and Disposal as determined by the enforcement agency based on review of the January 11, 2011, Joint Technical Document, pursuant to PRC Section 44009.

The project would rely on the City's solid waste collection services and facilities. Based on the existing and projected available capacity, the proposed development would not result in the need for new or expanded solid waste facilities. To the extent possible, all materials used onsite for demonstrations would be recycled and waste would be minimized. Therefore, potential impacts associated with generation of solid waste in excess of local infrastructure capacity and compliance with state and local solid waste regulations would be less than significant.

Mitigation Measure(s) incorporated into the project:

Implementation of the proposed project would not result in potentially significant impacts related to utilities and service systems; therefore, mitigation is not necessary.

Santa Maria Cemetery GPA, Rezone, and Planned Development Permit April 17, 2023 GPZ2021-0003 & PD2022-0014 Environmental Checklist

20. WILDFIRE
If located in or near state responsibility areas or
lands classified as very high fire hazard severity
zones, would the project:

Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
f.

Substantially impair an adopted emergency
response plan or emergency evacuation plan?
X
g.

Due to slope, prevailing winds, and other
factors, exacerbate wildfire risks, and thereby
expose project occupants to pollutant
concentrations from a wildfire or the
uncontrolled spread of a wildfire?
X
h.

Require the installation or maintenance of
associated infrastructure (such as roads, fuel
breaks, emergency water sources, power lines
or other utilities) that may exacerbate fire risk or
that may result in temporary or ongoing impacts
to the environment?
X
i.

Expose people or structures to significant risks,
including downslope or downstream flooding or
landslides, as a result of runoff, post -fire slope
instability, or drainage changes?
X
Setting:

The project is located in an urban area within Santa Maria. The Integrated Regional Multi -Hazard Emergency Response Plan for the Cities of Santa Maria and Guadalupe was established in order to clearly delineate the planning areas procedures and policies when responding to a major emergency event. This includes any significant threat or potential disaster which could impact the health, safety, and property of the public within the planning area. The objectives of this plan include, but are not limited to, identifying authorities and their respective responsibilities for planning and response activities, establishing the policies for providing emergency information to the public, and describing the resources available to support emergency response activities.

The urbanized areas of Santa Maria are generally protected from most aspects of grassland and brush fires.

However, accumulating weeds along roadsides and in vacant lots make even urban locations potentially hazardous from a wildland fire standpoint. For these reasons, an enforceable weed abatement program was established in 2017 to reduce these risks whenever structures are present.

The California Fire Code provides minimum standards for many aspects of fire prevention and suppression activities. These standards include provisions for emergency vehicle access, water supply, fire protection systems, and the use of fire resistant building materials.

Santa Maria Cemetery GPA, Rezone, and Planned Development Permit April 17, 2023 GPZ2021-0003 & PD2022-0014 Environmental Checklist

Discussion:
a. Implementation of the proposed project would not result in a significant temporary or permanent impact on any adopted emergency response plans or emergency evacuation plans. No breaks in utility service or road closures would occur as a result of project implementation; therefore, potential impacts would be less than significant.
b. The project is located within a developed site located within an urban area of Santa Maria. Future development of the project site would not substantially change the existing topography of the project site.

Future development would be required to meet all applicable standards for fire prevention within the CBC and California Fire Code, including having adequate access to water for fire protection purposes, provision of fire detection equipment, fire sprinklers, etc. Future development would also be required to comply with the City weed abatement program. Therefore, the project would not exacerbate wildfire risks, and thereby expose project occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire, and potential impacts would be less than significant. c. The project would include the installation of new electricity, water, wastewater, stormwater, and natural gas infrastructure and connections to City infrastructure. These proposed infrastructure components would occur within existing developed land and would be required to be installed in full compliance with applicable CBC and California Fire Code regulations; therefore, potential impacts associated with exacerbation of fire risk from installation of new infrastructure would be less than significant d. The project site is generally flat and would not be located near a hillslope or in an area subject to downstream flooding or landslides. The project does not include any design elements that would expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post -fire slope instability, or drainage changes. Therefore, impacts would be less than significant.

Mitigation Measure(s) incorporated into the project:

Implementation of the proposed project would not result in potentially significant impacts related to wildfire; therefore, mitigation is not necessary.

Santa Maria Cemetery GPA, Rezone, and Planned Development Permit April 17, 2023 GPZ2021-0003 & PD2022-0014 Environmental Checklist

CONSULTATION AND DATA SOURCES

CONSULTATION SOURCES
City Departments Consulted
Administrative Services
Attorney
Fire
Library
City Manager
Police
Public Works
Utilities
Recreation and Parks
X
X
X
X
County Agencies/Departments Consulted
Air Pollution Control District
Association of Governments
Flood Control District
Environmental Health
Fire (Hazardous Materials)
LAFCO
Public Works
Planning and Development
Other (list)
X
X
Special Districts Consulted
Santa Maria Public Airport
Airport Land Use Commission
Cemetery
Santa -Maria Bonita School District
Santa Maria Joint Union High School
Laguna County Sanitation District
Cal Cities Water Company
X
State/Federal Agencies Consulted
Army Corps of Engineers
Caitrans
CA Fish and Game
Federal Fish and Wildlife
FAA
Regional Water Quality Control Bd.

Integrated Waste Management Bd.

Other (list)
General Plan
Land Use Element
Circulation Element
Safety Element
Noise Element
Housing Element
Resources Management Element
X
X
X
X
X
Other
X
X
X
X
X
X
X
X
X

DATA SOURCES
Agricultural Preserve Maps
Archaeological Maps/Reports
Architectural Elevations
Biology Reports
CA Oil and Gas Maps
FEMA Maps (Flood)
Grading Plans
Site Plan
Topographic Maps
Aerial Photos
Traffic Studies
Trip Generation Manual (ITE)
URBEMIS Air Quality Model
Zoning Maps
Other (list)
Site Investigation Report dated September 15, 2021,
Buena Resources, Inc.

Remedial Action Plan (RAP) for Community #1 Well
Site dated September 17, 2021, Marissa Censullo,
Hazardous Materials Specialist, Santa Barbara
County Public Health Department.

Santa Maria Cemetery GPA, Rezone, and Planned Development Permit April 17, 2023 GPZ2021-0003 & PD2022-0014 Environmental Checklist

OTHER SOURCES CONSULTED:

California Air Resources Board (CARB). 2016a. Ambient Air Quality Standards. May 4, 2016. Available at:
http://www.arb.ca.gov/research/aaqs/aaqs2.pdf . Accessed on July 18, 2022.

California Air Resources Board (CARB). 2016b. Area Designation Maps / State and National. October 2020.

Available at: http://www.arb.ca.gov/desig/adm/adm.htm . Accessed on July 18, 2022.

California Department of Conservation (DOC). 2010. Fault Activity Map of California (2010). Available at:
http://maps.conservation.ca.gov/cgs/fam/ . Accessed on July 18, 2022.

California Department of Conservation (DOC). 2016. Farmland Mapping and Monitoring Program. Available at: https://maps.conservation.ca.gov/DLRP/CIFF/ . Accessed on July 18, 2022.

California Department of Conservation (DOC). 2021. Santa Barbara County Tsunami Inundation Maps.

Available at: http://www.conservation.ca.gov/cgs/Pages/Tsunami/Maps/SantaBarbara.aspx .

Accessed on July 18, 2022.

California Department of Fish and Wildlife (CDFW). 2018. California Essential Habitat Connectivity Project: A Strategy for Conserving a Connected California. Available at:
https://www.wildlife.ca.gov/conservation/planning/connectivity/CEHC . Accessed on July 18, 2022.

California Department of Toxic Substance Control (DTCS). 2023. EnviroStor. Available at:
https://www.envirostor.dtsc.ca.gov/public/ . Accessed on April 3, 2023.

California Department of Transportation (Caltrans). 2022. California Scenic Highway Mapping System.

Available at: https://dot.ca.gov/programs/design/lap-landscape-architecture-and-community- livability/lap-liv-i-scenic-highways. Accessed on July 18, 2022.

California Department of Water Resources (DWR). 2019. SGMA Basin Prioritization Dashboard. Available at:
https://https://gis.water.ca.gov/app/bp-dashboard/final/# . Accessed on April 3, 2023.

California Environmental Protection Agency (CaIEPA). 2023. Cortese List Data Resources. Available at:
https://calepa.ca.gov/sitecleanup/corteselist/ . Accessed on April 3, 2023.

California State Water Resources Control Board (SWRCB). 2023. GeoTracker. Available at:
https://geotracker.waterboards.ca.gov/ . Accessed on April 10, 2023.

City of Santa Maria. 2019. Zoning Ordinance/Map. Available at:
https://www.cityofsantamaria.org/home/showpublisheddocu ment/10037/636837414217430000.

Accessed on July 18, 2022.

City of Santa Maria. 2014b. City of Santa Maria Sewer System Management Plan. July 2009, 1st revised April 2014,.2"d revision September 2020 Available at:
https://www.cityofsantamaria.org/home/showpubl isheddocument/27630/637442405428800000.

Accessed on April 3, 2023.

City of Santa Maria. 2021. 2020 Urban Water Management Plan. June 2021. Available at:
https://www.cityofsantamaria.org/home/showpubl isheddocument/28900/637613361539900000.

Accessed on April 3, 2023.

City of Santa Maria. 2022. Santa Maria Municipal Code. Available at:
https://library.qcode.us/lib/santa_maria_ca/pub/municipal_code . Accessed on July 19, 2022.

City of Santa Maria. 2020. City of Santa Maria Environmental Procedures and Guidelines. Available at:
https://www.cityofsantamaria.org/home/showpubl isheddocument/6941 /637481268778030000.

Accessed on April 3, 2023.

Diblee, T. W. 1994. Geologic Map of the Santa Maria and Twitchell Dam Quadrangles. Available at:
https://ngmdb.usgs.gov/Prodesc/proddesc_71688.htm . Accessed on October 22, 2019.

Federal Emergency Management Agency (FEMA). 2023. FEMA Flood Map Service Center. Available at:
https://msc.fema.gov/portal/home . Accessed on April 3, 2023.

Santa Maria Cemetery GPA, Rezone, and Planned Development Permit April 17, 2023 GPZ2021-0003 & PD2022-0014 Environmental Checklist

Luhdorff and Scalmaninin Consulting Engineers. 2017 Annual Report of Hydrogeologic Conditions, Water Requirements, Supplies and Disposition — Santa Maria Valley Management Area. April 2018.

Available at: https://www.cityofsantamaria.org/home/showdocument?id=24051 . Accessed on October 29, 2019.

Pacific Gas & Electric Company (PG&E). 2023. Delivering Low -Emission Energy. Available at:
https://www.pge.com/en_U S/about-pge/environ ment/what-we-are-doing/clean-energy- solutions/clean-energy-solutions.page. Accessed on April 3, 2023.

Santa Barbara County Air Pollution Control District (SBCAPCD). 2022. Scope and Content of Air Quality Sections in Environmental Documents. January 2022 Limited Update. Available at:
https://www.ourair.org/wp-content/uploads/ScopeContentJanuary2022-LimitedU pdates.pdf.

Accessed on March 27, 2023.

Santa Barbara County Air Pollution Control District (SBCAPCD). 2022. 2022 Ozone Plan. Available at:
https://www.ourair.org/wp-content/uploads/2022-Ozone-Plan.pdf . Accessed on March 27, 2023.

Santa Barbara County Association of Governments (SBCAG). 2012. Regional Growth Forecast 2010-2040.

Available at: http://www.sbcag.org/uploads/2/4/5/4/24540302/regional_growth forecast_2010- 2040.pdf. Accessed on April 3, 2023.

Santa Barbara County Association of Governments (SBCAG). 2023. Santa Maria Airport Land Use Compatibility Plan. Available at:
http://www.sbcag.org/uploads/2/4/5/4/24540302/smx_alucp_v2_final.pdf . Accessed on April 3, 2023.

Santa Barbara County Airport Land Use Commission. 1993. Santa Barbara County Airport Land Use Plan.

Available at:
http://www.sbcag.org/uploads/2/4/5/4/24540302/airport_land_use_plan_repri nted_october_1993. pdf.

Accessed October 29, 2019.

SoCalGas. 2023. SoCalGas Leading Through Sustainability. Available at https://www.socalgas.com/sustainability/leading-through-sustainability . Accessed April 3, 2023.

U.S. Department of Agricultural, Natural Resources Conservation Service (NRCS). 2019. Web Soil Survey.

Available at: http://websoilsurvey.nrcs.usda.gov/app/ . Accessed on April 3, 2023.

U.S. Department of Transportation Federal Railroad Administration. 2004. California High -Speed Train Program Environmental Impact Report/Environmental Impact Statement: Paleontological Resources Technical Evaluation. Available at: http://www.hsr.ca.gov/docs/programs/eir- eis/statewide_EIR_BayMerc_techrpt_Paleo.pdf. Accessed on October 29, 2019.

U.S. Fish and Wildlife Service (USFWS). 2018. National Wetlands Inventory (Wetlands Mapper). Accessed on https://www.fws.gov/wetlands/ . Accessed on October 10, 2019.

Woodring, W.P. and Bramlette, M.N. 1950. Geology and Paleontology of the Santa Maria District California, Geological Survey Professional Paper 222. Available at: https://pubs.usgs.gov/pp/0222/report.pdf > Accessed on: July 19, 2022.

Santa Maria Cemetery GPA, Rezone, and Planned Development Permit April 17, 2023 GPZ2021-0003 & PD2022-0014 Environmental Checklist

MANDATORY FINDINGS OF SIGNIFICANCE
Potentially
Significant Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant Impact
No Impact

1. Does the project have the potential to substantially degrade the quality of the environment, substantially
reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal
community, substantially reduce the number or restrict
the range of a rare or endangered plant or animal or
eliminate important examples of the major periods of
California history or prehistory?
X

2. Does the project have impacts that are individually
limited, but cumulatively considerable? ("Cumulatively
considerable" means that the incremental effects of a
project are considerable when viewed in connection
with the effects of past projects, the effects of other current projects, and the effects of probable future
projects.)
X

3. Does the project have environmental effects which
will cause substantial adverse effects on human
beings, either directly or indirectly?
X
Discussion:

Proposed development of the land uses permitted under the proposed PF zoning designation within the project site have the potential to result in temporary impacts to air quality, cultural resources, hazards and hazardous materials, noise, and tribal cultural resources. However, mitigation measures have been identified to reduce potential impacts to a less -than -significant level, including but not limited to, fugitive dust controls, diesel -idling minimization, inadvertent discovery of archaeological and paleontological resources protocol, preparation of a Phase 1 ISA, and noise control measures. Implementation of Mitigation measure CR-1 would reduce potential impacts associated with elimination of important examples of major periods of California prehistory to less than significant.

When project impacts are considered along or in combination with other reasonably foreseeable impacts, the project's potential cumulative impacts may be significant. Mitigation measures have been incorporated into the project to reduce project -related impacts to a less -than -significant level. Based on implementation of identified project -specific mitigation measures and the relatively limited number and extent of potential impacts, the cumulative effects of the proposed project would not be cumulatively considerable and would be less than significant.

With incorporation of mitigation measures identified in this Initial Study, potential environmental effects of the project would not directly or indirectly result in any substantial adverse effects on human beings and this impact would be less than significant.

Santa Maria Cemetery GPA, Rezone, and Planned Development Permit April 17, 2023 GPZ2021-0003 & PD2022-0014 Environmental Checklist

SUMMARY OF POTENTIALLY SIGNIFICANT IMPACTS
X
X
X
X
Aesthetics
Agriculture and Forest Resources
Air Quality
Biological Resources
Cultural Resources
Energy
Geology and Soils
Greenhouse Gas Emissions
Hazards and Hazardous Materials
Hydrology and Water Quality
Land Use and Planning
X
X
X
Mineral Resources
Noise
Population and Housing
Public Services
Recreation
Transportation
Tribal Cultural Resources
Utilities and Services Systems
Wildfire
Mandatory Findings of Significance
Santa Maria Cemetery GPA, Rezone, and Planned Development Permit April 17, 2023 GPZ2021-0003 & PD2022-0014 Environmental Checklist

DETERMINATION
On the basis of the Initial Study, the staff of the Community Development Department:

Finds that the proposed project is a Class _ CATEGORICAL EXEMPTION and no further environmental review is required.

Finds that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.

X Finds that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.

Finds that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.

Finds that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to acceptable standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on the attached sheets. An ENVIRONMENTAL IMPACT REPORT (EIR)/SUBSEQUENT EIR/SUPPLEMENTAL EIR/ADDENDUM is required, but it must analyze only the effects that remain to be addressed.

Finds that although the proposed project could have a significant effect on the environment, because all significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to acceptable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required.

Carol Ziesenfienne Chuen Wu
Environmental Analyst Environmental Officer
141111202-3 4 A7/2o 23
Date Date
City of Santa Maria
Community Development Department
110 South Pine Street, #101
Santa Maria, CA 93458
805-925-0951
Santa Maria Cemetery GPA, Rezone, and Planned Development Permit April 17, 2023 GPZ2021-0003 & PD2022-0014 Environmental Checklist

DocuSign Envelope ID: B7F52F1 F-F45D-4F5E-8262-F66F48703B86 calitornia
A Department of Conservation
Geologic Energy Management Division
Gavin Newsom, Governor
David Shabazian, Director
May 9, 2023

VIA EMAIL
Ms. Carol Ziesenhenne
Senior Planner
City of Santa Maria
110 Pine Street, Suite 101
Santa Maria, CA 93454
[email protected]
Dear Ms. Ziesenhenne:

SANTA MARIA CEMETRY GENERAL PLAN AMENDMENT
The California Geologic Energy Management Division (Division) appreciates the opportunity to submit comments on the project referenced above (Project).

The Division has previously commented on this project and our recommendations remain the same. Please find the September 03, 2021 letter addressed to Mr. Ron Jacobs attached.

As discussed in a phone call and email, an incorrect APN was referenced in the City documents, but all maps, figures, coordinates and address are correct in the documents.

The correct APN for the project is 128-076-032.

Thank you for considering the Division's comments. If you have any questions, please contact our District office at (805) 937-7246 or via email at
[email protected]
Sincerely,
170-4
Trey Powell
Senior Oil and Gas Engineer
Signature on behalf of
Miguel Cabrera
Northern District Deputy
Enclosure
ZN:ji:kv
cc: Chrono, CSWR 1012302
State of California Natural Resources Agency 1 Department of Conservation Northern District
Orcutt Office and Mail: 195 S. Broadway, Suite 101, Orcutt, CA 93455 1 T: (805) 937-7246 1 F: (805) 937-0673 Sacramento Office and Mail: 715 P Street, MS 1803, Sacramento, CA 95814 1 T: (916) 322-1110 1 F: (916) 445-3319 Ventura Office: 1000 S. Hill Road, Suite 116, Ventura, CA 93003 1 T: (805) 937-7246 1 F: (805) 654-4765 Ventura Mail: 195 S. Broadway, Suite 101, Orcutt, CA 93455 conservation.ca.gov

09/03/2021
DocuSign Envelope ID: B7F52F1 F-F45D-4F5E-8262-F66F48703B86A California
Department of Conservation
Geologic Energy Management Division
Gavin Newsom, Governor
David Shabazian, Director
801 K Street, MS 18-05
Sacramento, CA 95814
T: (916) 445-9686
Ron Jacobs
1501 South College Drive, Santa Maria, CA 93455, USA
[email protected]
Construction Site Well Review (CSWR) ID: 1012302
Assessor Parcel Number(s): 128076032
Property Owner(s): Ron Jacobs
Project Location Address: Newlove Dr. California 93454
Project Title: Cemetery District Expansion APN 128076032 Community #1 Well Public Resources Code (PRC) § 3208.1 establishes well reabandonment responsibility when a previously plugged and abandoned well will be impacted by planned property development or construction activities. Local permitting agencies, property owners, and/or developers should be aware of, and fully understand, that significant and potentially dangerous issues may be associated with development near oil, gas, and geothermal wells.

The California Geologic Energy Mangagement Division (CaIGEM) has received and reviewed the above referenced project dated 8/31/2021. To assist local permitting agencies, property owners, and developers in making wise land use decisions regarding potential development near oil, gas, or geothermal wells, the Division provides the following well evaluation.

The project is located in Santa Barbara County, within the boundaries of the following fields:

Santa Maria Valley
Our records indicate there are 1 known oil or gas wells located within the project boundary as identified in the application.
• Number of wells Not Abandoned to Current Division Requirements as Prescribed by Law and

DocuSign Envelope ID: B7F52F1 F-F45D-4F5E-8262-F66F48703B86A Projected to Be Built Over or Have Future Access Impeded by this project: 1 • Number of wells Not Abandoned to Current Division Requirements as Prescribed by Law and Not Projected to Be Built Over or Have Future Access Impeded by this project: 0 • Number of wells Abandoned to Current Division Requirements as Prescribed by Law and Projected to Be Built Over or Have Future Access Impeded by this project: 0 • Number of wells Abandoned to Current Division Requirements as Prescribed by Law and Not Projected to Be Built Over or Have Future Access Impeded by this project: 0 The Division categorically advices against building over, or in any way impeding access to, oil, gas, or geothermal wells. Impeding access to a well could result in the need to remove any structure or obstacle that prevents or impedes access including, but not limited to, buildings, housing, fencing, landscaping, trees, pools, patios, sidewalks, roadways, and decking. Maintaining sufficient access is considered the ability for a well servicing unit and associated necessary equipment to reach a well from a public street or access way, solely over the parcel on which the well is located. A well servicing unit, and any necessary equipment, should be able to pass unimpeded along and over the route, and should be able to access the well without disturbing the integrity of surrounding infrastructure.

There are no guarantees a well abandoned in compliance with current Division requirements as prescribed by law will not start leaking in the future. It always remains a possibility that any well may start to leak oil, gas, and/or water after abandonment, no matter how thoroughly the well was plugged and abandoned. The Division acknowledges wells plugged and abandoned to the most current Division requirements as prescribed by law have a lower probability of leaking in the future, however there is no guarantees that such abandonments will not leak.

The Division advises that all wells identified on the development parcel prior to, or during, development activities be tested for liquid and gas leakage. Surveyed locations should be provided to the Division in Latitude and Longitude, NAD 83 decimal format. The Division expects any wells found leaking to be reported to it immediately.

Failure to plug and reabandon the well may result in enforcement action, including an order to perform reabandonment well work, pursuant to PRC § 3208.1, and 3224.

PRC § 3208.1 give the Division the authority to order or permit the re -abandonment of any well where it has reason to question the integrity of the previous abandonment, or if the well is not accessible or visible. Responsibility for re -abandonment costs may be affected by the choices made by the local permitting agency, property owner, and/or developer in considering the general advice set forth in this

DocuSign Envelope ID: B7F52F1 F-F45D-4F5E-8262-F66F48703B86A letter. The PRC continues to define the person or entity responsible for reabandonment as:

1. The property owner - If the well was plugged and abandoned in conformance with Division requirements at the time of abandonment, and in its current condition does not pose an immediate danger to life, health, and property, but requires additional work solely because the owner of the property on which the well is located proposes construction on the property that would prevent or impede access to the well for purposes of remedying a currently perceived future problem, then the owner of the property on which the well is located shall obtain all rights necessary to reabandon the well and be responsible for the reabandonment.

2. The person or entity causing construction over or near the well - If the well was plugged and abandoned in conformance with Division requirements at the time of plugging and abandonment, and the property owner, developer, or local agency permitting the construction failed either to obtain an opinion from the supervisor or district deputy as to whether the previously abandoned well is required to be reabandoned, or to follow the advice of the supervisor or district deputy not to undertake the construction, then the person or entity causing the construction over or near the well shall obtain all rights necessary to reabandon the well and be responsible for thereabandonment.

3. The party or parties responsible for disturbing the integrity of the abandonment - If the well was plugged and abandoned in conformance with Division requirements at the time of plugging and abandonment, and after that time someone other than the operator or an affiliate of the operator disturbed the integrity of the abandonment in the course of developing the property, then the party or parties responsible for disturbing the integrity of the abandonment shall be responsible for the reabandonment.

No well work may be performed on any oil, gas, or geothermal well without written approval from the Division. Well work requiring approval includes, but is not limited to, mitigating leaking gas or other fluids from abandoned wells, modifications to well casings, and/or any other re -abandonment work. The Division also regulates the top of a plugged and abandoned well's minimum and maximum depth below final grade. CCR §1723.5 states well casings shall be cut off at least 5 feet but no more than 10 feet below grade. If any well needs to be lowered or raised (i.e. casing cut down or casing riser added) to meet this regulation, a permit from the Division is required before work can start.

The Division makes the following additional recommendations to the local permitting agency, property owner, and developer:

1. To ensure that present and future property owners are aware of (a) the existence of all wells located on the property, and (b) potentially significant issues associated with any improvements near oil or gas wells, the Division recommends that information regarding the above identified

DocuSign Envelope ID: B7F52F1 F-F45D-4F5E-8262-F66F48703B86A well(s), and any other pertinent information obtained after the issuance of this letter, be communicated to the appropriate county recorder for inclusion in the title information of the subject real property.

2. The Division recommends that any soil containing hydrocarbons be disposed of in accordance with local, state, and federal laws. Please notify the appropriate authorities if soil containing significant amounts of hydrocarbons is discovered during development.

As indicated in PRC § 3106, the Division has statutory authority over the drilling, operation, maintenance, and abandonment of oil, gas, and geothermal wells, and attendant facilities, to prevent, as far as possible, damage to life, health, property, and natural resources; damage to underground oil, gas, and geothermal deposits; and damage to underground and surface waters suitable for irrigation or domestic purposes. In addition to the Division's authority to order work on wells pursuant to PRC §§ 3208.1 and 3224, it has authority to issue civil and criminal penalties under PRC §§ 3236, 3236.5, and 3359 for violations within the Division's jurisdictional authority. The Division does not regulate grading, excavations, or other land use issues.

Aerial photography of the site from 1938 indicates two derricks, typically used for the drilling of oil wells, and a possible sump related to oilfield activities. One of the derricks appears to correspond to "Community" 1 (API 083-03018). The Division has no well records for the second derrick observed in the aerial photograph. The Division recommends that a diligent effort be made investigating the site to verify whether or not there is a second well on the parcel associated with the second derrick. If during investigation or development activities, any wells are encountered that were not part of this review, the property owner is expected to immediately notify the Division's construction site well review engineer in the Coastal district office, and file for Division review an amended site plan with well casing diagrams. The District office will send a follow-up well evaluation letter to the property owner and local permitting agency.

Should you have any questions, please contact me at (562) 637-4400 or via email at [email protected].

Sincerely,
Uduak-Joe Ntuk
State Oil and Gas Supervisor
cc: Dan Ringstmeyer - Consultant
cc: Frank Albro Jr. - Plan Checker

DocuSign Envelope ID: B7F52F1 F-F45D-4F5E-8262-F66F48703B86A Wells Not Abandoned to Current Division Requirements as Prescribed by Law & Projected to be Built Over or Have Future Access Impeded
The wells listed below are not abandoned to current Division requirements as prescribed by law, and based upon information provided, are projected to be built over or have future access impeded. The Division expects these wells to be reabandoned in compliance with current California law, prior to development activities.

API
Well Designation
Operator
Well Evaluations
0408303018
Community 1
T. F. Woodward

1. Hole fluid is not to
current standards. There
is no documentation in
the abandonment history
of mud fluid being
placed across all
intervals not plugged
with cement. (CCR §
1723.(b)).

2. Hydrocarbon zone
plug is not to current
standards (CCR §
1723.1).

3. Freshwater protection
plug is not present (CCR
§ 1723.2).

4. Surface plug is not to
current standards (CCR
§ 1723.5).

CITY OF SANTA MARIA

MITIGATION MONITORING PROGRAM
PROJECT NAME: Santa Maria Cemetery General Plan Amendment, Rezone, and Planned Development Permit
APPROVAL DATE: July 19, 2023 FILE NUMBERS: GPZ2021-0003 & PD2022-0014 Initial Study/Mitigated Negative Declaration for Santa Maria Cemetery Expansion (SCH# 2023040484)
The following environmental mitigation measures were incorporated into the Conditions of Approval for this project in order to mitigate identified environmental impacts. A completed and signed checklist for each mitigation measure indicates that this mitigation measure has been complied with and implemented, and fulfills the City's monitoring requirements with respect to Assembly Bill 3180 (Public Resources Code Section 21081.6).

ATTACHMENT C

Mitigation Measure/
Condition of Approval
Action
Required
When
nto Occuonitorinr 9
Monitoring
Frequency
Responsible
AgParty or
Comp iance Verification
Initial
Date
Comments

AIR QUALITY
AQ-1(a) Dust Control Measures
During construction, the applicant shall implement all of the applicable measures from the following list as
standard dust control measures to avoid impacts
associated with fugitive dust emissions:
a. Use water trucks or sprinkler systems to keep all
areas of vehicle movement damp enough to
prevent dust from leaving the site and from
exceeding the APCD's limit of 20% opacity for
greater than 3 minutes in any 60 -minute period.

At a minimum, this should include wetting down
such areas in the late morning and after work is
completed for the day. Increased watering
frequency should be required whenever the wind
speed exceeds 15 mph. Reclaimed water should
be used whenever possible. However, reclaimed
water should not be used in or around crops for
human consumption.
b. Minimize amount of disturbed area and reduce
on site vehicle speeds to 15 mph or less.
c. If importation, exportation and stockpiling of fill
material is involved, soil stockpiled for more than
two days shall be covered, kept moist, or treated
with soil binders to prevent dust generation.

Trucks transporting fill material to and from the
site shall be tarped from the point of origin.
d. Gravel pads shall be installed at all access
points to prevent tracking of mud onto public
roads.
e. After clearing, grading, earth moving or
excavation is completed, treat the disturbed area
by watering, or revegetating, or by spreading soil
binders until the area is paved or otherwise
developed so that dust generation will not occur.
f. Schedule clearing, grading, earthmoving, and
excavation activities during periods of low wind
All
requirements
shall be shown
on grading and
building plans.

Prior to
issuance of
grading
permits.

Condition shall
be adhered to
throughout all
grading and
construction
periods.

Once a
month during
construction
period or as
determined
by
Community
Development
Department.

City of Santa
Maria
Community
Development
Department

ENVIRONMENTAL MITIGATION MONITORING PROGRAM

SANTA MARIA CEMETERY EXPANSION
GPZ2021-0003 & PD2022-0014
PAGE 2 OF 9

Mitigation Measure/
Condition of Approval
Action
Required
When
nto Occuonitorinr 9
Monitoring
Frequency
Responsible
AgParty or
Comp iance Verification
Initial
Date
Comments
speed to the extent feasible. During periods of
high winds (>25 mph) clearing, grading,
earthmoving, and excavation operations shall be
minimized to prevent fugitive dust created by
onsite operations from becoming a nuisance or
hazard.
g. The contractor or builder shall designate a
person or persons to monitor the dust control
program and to order increased watering, as
necessary, to prevent transport of dust offsite.

Their duties shall include holiday and weekend
periods when work may not be in progress. The
name and telephone number of such persons
shall be provided to the APCD prior to land use
clearance for map recordation and land use
clearance for finish grading of the structure.

AQ-1(b) Equipment Emissions Control Measures
All
Measures
Once a
City of Santa
During project grading and construction, the applicant
requirements
shall be
month during
Maria
shall adhere to the following measures to reduce NOx and shall be shown
adhered to
construction
Community
PM2.5 emissions from construction equipment:
on grading and
throughout
period or as
Development
a. All portable diesel powered construction
equipment shall be registered with the state's
portable equipment registration program OR
building plans.
grading,
h bauling,
aonnstrutrestion and
determined
Community
Department
shall obtain an APCD permit.
b. Fleet owners of mobile construction equipment
are subject to the CARB Regulation for In -use
activities.

Development
Department.

Off -road Diesel Vehicles (Title 13 California
Code of Regulations, Chapter 9, § 2449), the
purpose of which is to reduce diesel PM and
criteria pollutant emissions from in -use (existing)
off -road diesel -fueled vehicles. For more
information, please refer to the CARB website at
www.arb.ca.gov/msprog/ordiesel/ordiesel.htm .
c. All commercial diesel vehicles are subject to
Title 13, § 2485 of the California Code of
Regulations, limiting engine idling time. Idling of
heavy-duty diesel construction equipment and
trucks during loading and unloading shall be

ENVIRONMENTAL MITIGATION MONITORING PROGRAM

SANTA MARIA CEMETERY EXPANSION
GPZ2021-0003 & PD2022-0014
PAGE 3 OF 9

Mitigation Measure/
Condition of Approval
Action
Required
When
Monitoring
Monitoring
Frequency
Responsible
AgParty or
Comp iance Verification
Initial
Date
Comments
limited to five minutes; electric auxiliary power
units should be used whenever possible.
d. Diesel construction equipment meeting the
CARB Tier 3 or higher emission standards for
off -road heavy-duty diesel engines shall be used
to the maximum extent feasible.
e. Diesel powered equipment should be replaced
by electric equipment whenever feasible.
f. If feasible, diesel construction equipment shall
be equipped with selective catalytic reduction
systems, diesel oxidation catalysts and diesel
particulate filters as certified and/or verified by
EPA or California.
g. Catalytic converters shall be installed on
gasoline -powered equipment, if feasible.
h. All construction equipment shall be maintained in
tune per the manufacturer's specifications.
i. The engine size of construction equipment shall
be the minimum practical size.
j. The number of construction equipment operating
simultaneously shall be minimized through
efficient management practices to ensure that
the smallest practical number is operating at any
one time.

AQ-1(c) Fugitive Dust Control
All
Measures
Once a
City of Santa
The project applicant shall comply with SBCAPCD's Rule
requirements
shall be
month during
Maria
345: Control of Fugitive Dust from Construction and
shall be shown
adhered to
construction
Community
Demolition Activities including all applicable standards on grading and
during all
or as
Development
and measures therein.
building plans.
construction
activities
determined
by
Department
Community
Development
Department.

ENVIRONMENTAL MITIGATION MONITORING PROGRAM

SANTA MARIA CEMETERY EXPANSION
GPZ2021-0003 & PD2022-0014
PAGE4OF9

Mitigation Measure/
Condition of Approval
Action
Required
When
Monitoring
Monitoring
Frequency
Responsible
AgParty or
Comp iance Verification
Initial
Date
Comments
AQ-1(d) Diesel -fired Engine Permits
All portable diesel -fired construction engines rated at 50 brake horsepower (bhp) or greater must have either
statewide Portable Equipment Registration Program
(PERP) certificates or SBCAPCD permits prior to
grading/building permit issuance. Construction engines
with PERP certificates are exempt from SBCAPCD
permit, provided they will be onsite for less than 12
months.

All
requirements
shall be shown
on grading and
building plans.

Prior to
issuance of
any grading/
building
permits.

Once.

City of Santa
Maria
Community
Development
Department
AQ-1(e) Permit to Operate
If contaminated soils are found at the project site,
SBCAPCD must be contacted to determine if ATC and/or
Permit to Operate permits shall be required. (SBCAPCD
permits are required for all soil vapor extraction activities.

SBCAPCD permits are also required for the excavation,
or "dig -and -haul," of more than 1,000 cubic yards of
contaminated soils.)
Obtain ATC
and/or Permit
to Operate
permits.

Upon
discovery of
contaminated
soils at the
project site.

Once
City of Santa
Maria
Community
Development
Department
AQ-1(f) Equipment Idling Requirements
At all times, idling of heavy-duty diesel trucks should be minimized; auxiliary power units should be used
whenever possible. State law requires that:

Drivers of diesel -fueled commercial vehicles shall not idle the vehicle's primary diesel engine for greater than five minutes at any location.

Drivers of diesel -fueled commercial vehicles shall not idle a diesel -fueled auxiliary power system (APS) for more
than five minutes to power a heater, air conditioner, or any ancillary equipment on the vehicle. Trucks with 2007 or newer model year engines must meet additional
requirements (verified clean APS label required).

See www.arb.ca.gov/noidle for more information.

All
requirements
shall be shown
on grading and
building plans.

Measures
shall be
adhered to
during all
construction
and demolition
activities.

Once a
month during
construction
period or as
determined
by
Community
Development
Department.

City of Santa
Maria
Community
Development
Department

ENVIRONMENTAL MITIGATION MONITORING PROGRAM

SANTA MARIA CEMETERY EXPANSION
GPZ2021-0003 & PD2022-0014
PAGE 5 OF 9

Mitigation Measure/
Condition of Approval
Action
Required
When
nto Occuonitorinr 9
Monitoring
Frequency
Responsible
AgParty or
Comp iance Verification
Initial
Date
Comments
AQ-1(g) Asphalt Paving Requirements
Asphalt paving activities shall comply with APCD Rule
329, Cutback and Emulsified Asphalt Paving Materials.

All
requirements
shall be shown
on grading and
building plans.

Measures
shall be
adhered to
during all
construction
and demolition
activities.

Once a
month during
construction
period or as
determined
by
Community
Development
Department.

City of Santa
Maria
Community
Development
Department

CULTURAL RESOURCES
CR-1 Inadvertent Discovery of Archaeological
Resources. In the event that any cultural resource is
encountered during subsurface earthwork activities
associated with development of the project site, all
construction activities within a 100 -foot radius of the find shall cease and the City shall be notified immediately.

Work shall not continue until a qualified archaeologist, in conjunction with locally affiliated Native American
representative(s) as necessary, determines whether the
uncovered resource requires further study. Any previously unidentified resources found during construction shall be recorded on appropriate California Department of Parks
and Recreation (DPR) 523 Series forms and evaluated for significance in terms of CEQA criteria by a qualified
archaeologist. Potentially significant cultural resources consist of, but are not limited to, stone, bone, glass, ceramic, wood, or shell artifacts; fossils; or features including hearths, structural remains, or historic
dumpsites.

If the resource is determined significant under CEQA, the qualified archaeologist shall prepare and implement a
research design and archaeological data recovery plan, in conjunction with locally affiliated Native American
representative(s) as necessary that will capture those
categories of data for which the site is significant. The archaeologist shall also perform appropriate technical
analysis, prepare a comprehensive report, and file it with the Central Coast Information Center, located at the
University of California, Santa Barbara, and provide for This condition
shall be in
effect
throughout
initial site
disturbance
activities on
the project site
and shall be
printed on all
grading and
construction
plans.

Prior to
initiation of site
disturbance
activities, and
throughout
grading
activities.

Once a
month during
construction
period or as
determined
by
Community
Development
Department.

City of Santa
Maria
Community
Development
Department

ENVIRONMENTAL MITIGATION MONITORING PROGRAM

SANTA MARIA CEMETERY EXPANSION
GPZ2021-0003 & PD2022-0014
PAGE 6 OF 9

Mitigation Measure/
Condition of Approval
Action
Required
When
nto Occuonitorinr 9
Monitoring
Frequency
Responsible
AgParty or
Comp iance Verification
Initial
Date
Comments
the permanent curation of the recovered materials. These actions would reduce impacts to a less than significant level.

CR-2 Inadvertent Discovery of Human Remains. In
the event that human remains are exposed during
subsurface earthwork activities associated with
development of the project, an immediate halt work order shall be issued, and the City Community Development
Department shall be notified. State Health and Safety
Code Section 7050.5 requires that no further disturbance of the site or any nearby area reasonably suspected to
overlie adjacent human remains shall occur until the
County Coroner has made the necessary findings as to
origin and disposition pursuant to PRC Section 5097.98. If the remains are determined to be of Native American
descent, the coroner shall notify the Native American
Heritage Commission (NAHC) within 24 hours. These
protocols shall be detailed on project grading and
construction plans for all development on -site. These
actions would reduce impacts to a less than significant level.

This condition
shall be in
effect
throughout
initial site
disturbance
activities on
the project site
and shall be
printed on all
grading and
construction
plans.

Prior to
initiation of site
disturbance
activities, and
throughout
grading
activities.

Once a
month during
construction
period or as
determined
by
Community
Development
Department.

City of Santa
Maria
Community
Development
Department

GEOLOGY/ SOILS
GEO-1 Inadvertent Discovery of Paleontological
Resources. Should any vertebrate fossils or potentially significant finds (e.g., numerous well-preserved
invertebrate or plant fossils) be encountered during work on -site, all activities in the immediate vicinity of the find shall cease until a qualified paleontologist evaluates the find for its scientific value. If deemed significant, the paleontological resource(s) shall be salvaged and
deposited in an accredited and permanent scientific
institution where they will be properly curated and
preserved. These actions would reduce impacts to a less than significant level.

This condition
shall be in
effect
throughout
initial site
disturbance
activities on
the project site
and shall be
printed on all
grading and
construction
plans.

Prior to
initiation of site
disturbance
activities, and
throughout
grading
activities.

Once a
month during
construction
period or as
determined
by
Community
Development
Department.

City of Santa
Maria
Community
Development
Department

ENVIRONMENTAL MITIGATION MONITORING PROGRAM

SANTA MARIA CEMETERY EXPANSION
GPZ2021-0003 & PD2022-0014
PAGE 7 OF 9

Mitigation Measure/
Condition of Approval
Action
Required
When
nto Occuonitorinr 9
Monitoring
Frequency
Responsible
AgParty or
Comp iance Verification
Initial
Date
Comments

HAZARDS AND HAZARDOUS MATERIALS
HAZ-1 Site Remediation. The applicant shall
implement the following measures prior to construction of the project:
■ Under the direction of a Professional Civil
Engineer in Responsible Charge, the project
applicant shall monitor the site conditions, notify
the Santa Barbara County Environmental
Health Services Division (EHS) of any future
contamination findings, and complete any
clean-up work under the direction of EHS.

The project applicant shall obtain all permits and
appropriate clearances from applicable agencies prior to initiating fieldwork.

This condition
shall be in
effect
throughout
initial site
disturbance
activities on
the project site
and shall be
printed on all
grading and
ponstruction
plans.

Prior to
initiation of site
disturbance
activities, and
throughout
grading
activities.

Once a
month during
construction
period or as
determined
by
Community
Development
Department.

City of Santa
Maria
Community
Development
Department
NOISE
NOI-1 During construction of any future development
within the project parcel, construction activity shall be limited to the hours between 7:00 a.m. and 6:00 p.m. on weekdays, and between 8:00 a.m. and 5:00 p.m. on
Saturdays in accordance with the General Plan Noise
Element. No construction shall occur on Sundays or
federal or state holidays. Construction equipment
maintenance shall be limited to the same hours. Non-
noise generating construction activities without
mechanical equipment are not subject to these
restrictions.

This condition
shall be in
effect
throughout
initial site
disturbance
activities on
the project site
and shall be
printed on all
grading and
construction
plans.

Prior to
initiation of site
disturbance
activities, and
throughout
grading and
construction
activities.

Once a
month during
construction
period or as
determined
by
Community
Development
Department.

City of Santa
Maria
Community
Development
Department

ENVIRONMENTAL MITIGATION MONITORING PROGRAM

SANTA MARIA CEMETERY EXPANSION
GPZ2021-0003 & PD2022-0014
PAGE 8 OF 9

Mitigation Measure/
roval
Condition of Approval
Action
Required
p
When
Monitoring
to Occur
Monitoring
Fre
Frequency uenc
Responsible
Agency or
Party
Comp iance Verification
Initial
Date
Comments
NOI-2 During construction of any future development
This condition
Prior to
Once a
City of Santa
within the project parcel, all equipment shall be properly shall be in
initiation of site
month during
Maria
maintained to ensure that no additional noise, due to worn effect
disturbance
construction
Community
or improperly maintained parts, is generated. Stockpiling throughout
activities, and
period or as
Development
and vehicle staging areas shall be located as far as
initial site
throughout
determined
Department
practical from sensitive noise receptors. Every effort shall disturbance
grading and
by
be made to create the greatest distance between noise
activities on
construction
Community
sources and sensitive receptors during construction
the project site
activities.

Development
activities.
and shall be
printed on all
grading and
construction
plans.

Department.

ENVIRONMENTAL MITIGATION MONITORING PROGRAM GPZ2021-0003 & PD2022-0014 SANTA MARIA CEMETERY EXPANSION PAGE 9 OF 9

Project Area
Low Density Residential (LDR-5)
Medium Density Residential (MDR -12)
Recreational Open Space (ROS)
Community Facilities (CF)
Feet
0 125 250 500

EXISTING AND PROPOSED LAND USE

ATTACHMENT D

u
PD/R-1 8,000

SEQUOIA DR
Project Area
ZONING
OS
PD/PF
PD/R-1 8,000
PD/R-2
PD/R-3
PF
R-2
R-2
TO
PF
i • i i i '
r , r
PF
oFF
)00
0 125
250
Feet
500

EXISTING AND PROPOSED ZONING

RESOLUTION NO. 2820

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

SANTA MARIA, CALIFORNIA, RECOMMENDING THAT THE CITY

COUNCIL ADOPT A MITIGATED NEGATIVE DECLARATION AND

MITIGATION MONITORING PROGRAM FOR THE GENERAL PLAN

LAND USE MAP AMENDMENT, ZONE CHANGE, AND PLANNED

DEVELOPMENT PERMIT FOR THE SANTA MARIA CEMETERY

DISTRICT EXPANSION, LOCATED AT THE
600 BLOCK OF EAST NEWLOVE DRIVE
WHEREAS, the applicant, the Santa Maria Cemetery District, initiated a General Plan Land Use amendment and zone change (GPZ2021-0003) to amend the General Plan Land Use Map and Zoning Map on 0.87 -acres of property at the 600 Block of East Newlove Drive; and a Planned Development Permit (PD2022-0014), to construct a 2,550 - square -foot prefabricated storage building with attached 544 -square foot office and break room, with a 15,900 -square -foot gravel base storage area and associated site improvements, herein referred to as the Project; and
WHEREAS, the provisions of the California Environmental Quality Act of 1970 (CEQA), Public Resources Code Sections 21000 et. seq., as amended, require the evaluation of environmental impacts of said projects; and WHEREAS, an Initial Study/Mitigated Negative Declaration (SCH #2023040484 - Exhibit B of the Planning Commission staff report dated July 19, 2023, incorporated herein by reference) was prepared for said Project; and the required notices were published and the Mitigated Negative Declaration was circulated for public review, sent to every responsible agency with jurisdiction over the project and placed in a public location; and
WHEREAS, the Planning Commission of the City of Santa Maria held a regularly scheduled public hearing on July 19, 2023, for the purpose of receiving evidence and considering the Initial Study and Mitigated Negative Declaration and the proposed Project; and
WHEREAS, notices of said public hearing were made at the time and in the manner required by law; and
WHEREAS, the Planning Commission of the City of Santa Maria has reviewed and considered the Initial Study/Mitigated Negative Declaration, incorporated herein by reference for the Project; and
WHEREAS, there is no substantial evidence in the whole record before the Planning Commission supporting a fair argument that the project as described in the Initial Study/Mitigated Negative Declaration will have a significant effect on the environment; and
1 ATTACHMENT E

PASSED AND ADOPTED at a regular meeting of the Planning Commission of the City of Santa Maria held July 19, 2023, by the following roll call vote:

AYES: Commissioners Tom Lopez, Esau Blanco and Vice -Chair Robert Dickerson
NOES: None
ABSENT: Commissioner Yasameen Mohajer and Chair Tim Seifert ABSTAINED: None

DANA EADY, ASSISTANT SECRETARY
Planning Commission

ROBERT DICKERSON, VICE -CHAIR
Planning Commission
3 RESOLUTION NO. 2821

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

SANTA MARIA, CALIFORNIA, RECOMMENDING TO THE CITY

COUNCIL APPROVAL OF AN AMENDMENT TO THE GENERAL PLAN

LAND USE POLICY MAP AND ZONING MAP FOR APPROXIMATELY

0.87 -ACRES LOCATED AT THE 600 BLOCK OF

EAST NEWLOVE DRIVE
WHEREAS, the applicant, Santa Maria Cemetery District, initiated a General Plan Land Use amendment and zone change (GPZ2021-0003) to amend the General Plan Land Use Map and Zoning Map on 0.87 -acres of property at the 600 Block of East Newlove Drive, herein referred to as the Project; and
WHEREAS, the Planning Commission of the City of Santa Maria held a regularly scheduled public hearing on July 19, 2023, for the purpose of considering amendments to the Land Use Policy Map and Zoning Map of the City's General Plan; and WHEREAS, notices of said public hearing were made at the time and in the manner required by law; and
WHEREAS, the Planning Commission recommended the City Council authorize the filing of a Mitigated Negative Declaration on July 19, 2023, in accordance with the California Environmental Quality Act of 1970 (CEQA), Public Resources Code Section 21000 et. seq., as amended; and
WHEREAS, at the public hearing, the Planning Commission heard and considered all evidence, including evidence presented in the staff report and ail written and oral testimony; and
WHEREAS, the proposed project is consistent with applicable goals and policies of the adopted General Plan, including the Housing Element. The proposed project is not located on a housing site identified in the inventory of sites contained within the Housing Element. In addition, the remaining sites identified in the City's Housing element are adequate to accommodate the City's remaining unmet regional housing need allocation.

Also, the proposed Cemetery District Expansion and maintenance building will benefit the City by allowing the Santa Maria Cemetery District to continue to provide burial services and plots which will serve new and existing development (OBJECTIVE L.U.2d); and WHEREAS, the proposed project would not significantly disrupt any of the various land uses in the vicinity because the Project will establish a public facility use compatible with the same public use and residential intensity and land use pattern in the area, which is consistent with POLICY L.U.6a, to resolve conflicts between existing and proposed land uses, particularly residential and industrial uses, and prevent such conflicts in the future; and
WHEREAS, the proposed project is afforded the appropriate services and facilities in that all infrastructure is currently available to serve the project site because the project vicinity has been previously developed with infrastructure to accommodate commercial, residential and public facilities projects of a similar size. If deficiencies in services and 1 ATTACHMENT F

facilities are identified during the review of future proposed Planned Developments, infrastructure improvements to accommodate the proposals shall be required. The Project will be consistent with POLICY L.U.2 and OBJECTIVE L.U.2a. which is intended to ensure that all urban services and infrastructure are planned and provided for in a timely manner and sufficient land is reserved, and that the Land Use Element is maintained so that the pattern of residential densities can be served by public facilities of the community.

The project is a public facility regulated by the State of California and will be less intensive on facilities and services than a residential project in the MDR -12 (Medium Density Residential) land use would be.

NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Santa Maria, that:

Section 1. The above recitals are true and correct and incorporated herein by reference.

Section 2. The Planning Commission recommends to the City Council that the City Council amend the General Plan (Land Use Policy Map) and the Zoning map of the City of Santa Maria, as shown on Attachment E, of the Planning Commission staff report dated July 19, 2023, incorporated by reference.

Section 3. The records of these proceedings are located in the Planning Division of the City of Santa Maria, 110 South Pine Street #101, Santa Maria, California 93458.

Section 4. The Assistant Secretary of the Planning Commission is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance to the intent of this document is maintained. In doing so, the Assistant Secretary of the Planning Commission shall consult with the City Manager and the City Attorney concerning any changes deemed necessary.

PASSED AND ADOPTED at the regular meeting of the Planning Commission of the City of Santa Maria this 19th day of July, 2023, by the following roll cal! vote:

AYES: Commissioners Tom Lopez, Esau Blanco and Vice -Chair Robert Dickerson
NOES: None
ABSENT: Commissioner Yasameen Mohajer and Chair Tim Seifert ABSTAINED: None
ATT ST:

DANA EADY, ASSISTANT SECRETARY
Planning Commission

ROBERT DICKERSON, VICE -CHAIR
Planning Commission
2 ij

CITY OF SANTA MARIA

PLANNED DEVELOPMENT PERMIT
PLANNING DIVISION • 110 SOUTH PINE STREET ROOM 101 • SANTA MARIA, CA 93458 • 805.925.0951 X 2244 PERMIT NO. PD2022 - 0014
APPROVAL DATE October 17, 2023
PROJECT NAME Cemetery District Maintenance Building
APPLICANT/OWNER Santa Maria Cemetery District
ADDRESS/LOCATION 1600 Block of Newlove Drive
DESCRIPTION A Planned Development Permit (PD2022-0014) for the Santa Maria Cemetery District to construct a 2,550 -square -foot prefabricated maintenance equipment storage building with attached 544 -square - foot office on a 0.87 -acre site in a PF (Public Facilities) district.

FINDINGS
The City Council hereby approves the following project in accordance with the application submitted and hereby makes the required findings in accordance with Section 12-35.203 of the Municipal Code, including the following:

A. That the project meets the vision, intent, and requirements of the General Plan.

The new maintenance equipment storage building at the cemetery supports a necessary public service for the City of Santa Maria as it grows and develops, consistent with Land Use Element Goal L.U.2, to provide all necessary urban services and facilities for present and future City residents.

B. That the site for the proposed use is adequate in size and topography to accommodate said use, and all yards, spaces, walls and fences, parking, loading, and landscaping are adequate to properly adapt such use with the land and uses in the vicinity. The 0.87 -acre site is adequately sized to accommodate the 3,094 - square -foot prefabricated maintenance building and office which would be ancillary to the adjacent Santa Maria Cemetery District. The project's parking, loading, and landscaping is adequate to properly adapt the proposed uses with public facility uses to the east and will be compatible with the existing residential development in the vicinity.

C. That the site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use. The project site is landlocked but is accessed by a local residential

ATTACHMENT G

road, Newlove Drive, and two secondary arterial roads, College Drive and Battles Road. These roadways are adequately designed to accommodate the quantity and kind of traffic generated by the proposed project, which is limited to between 52 to 135 employee trips per day. The project is not anticipated to generate additional traffic.

D. That the proposed use will have no adverse effect upon abutting property because the project will not generate additional light, and any noise -creating work will be restricted to normal business hours. Bay doors are oriented away from the residences to the west, and while no new sources of noise are proposed, the project is subject to the City's Commercial performance standards related to noise, light and vibrations.

E. That the establishment, maintenance and/or conducting of the use for which the planned development review is sought will not, under the circumstances of the particular case, be detrimental to the health, safety, morals, or welfare of persons residing or working in the neighborhood of such use and will not, under the circumstances of the particular case, be detrimental to the public welfare, injurious to property or improvements in the neighborhood; nor shall the use be inconsistent with the character of the neighborhood or contrary to its orderly development. The proposed building and use therein is ancillary to the existing and expanding Santa Maria Cemetery District. The conditions of approval for the cemetery, as well as project specific conditions of approval for installation of landscaping, stormwater facilities, and other improvements ensure that the project will be compatible with the uses, character, and improvements in the neighborhood.

F. That the conditions stated in the decision are necessary to protect the public health, safety, and general welfare.

G. The proposed modification(s) are otherwise consistent with the General Plan, Municipal Code and applicable Specific Plans; no modifications are proposed.

H. The project includes superior design elements that mitigate or compensate for any potential impact of the proposed modification(s) on the surrounding area; no modifications are proposed.

The proposed modification(s) are essential to the design of the project; no modifications are proposed.

J. The proposed modification(s) have been minimized to the maximum extent possible consistent with Subsections (a) through (c) of Section 12-35.203 of the Municipal Code. No modifications are proposed.

K. Environmental Review for this project was completed through the preparation of an Initial Study/Mitigated Negative Declaration (SCH # 2023040484) pursuant to the California Environmental Quality Act State Guidelines. No further environmental review is required.

PD2022-0014

CEMETERY DISTRICT MAINTENANCE BUILDING
-2-
OCTOBER 17, 2023

PLANNED DEVELOPMENT PERMIT

CONDITIONS OF APPROVAL
The project is approved subject to the following Conditions of Approval:

Community Development Department

1. Project Description. The permittee shall comply with the project description, plan set entitled Santa Maria Cemetery consisting of seven pages dated January 10, 2023, and Conditions of Approval of this permit. Any changes from the project description, Plan Set, or conditions may require a permit amendment. Contact the Planning Division prior to changing anything described on the Plan Set or in the project description.

2. Color and Materials. A sample of all paint colors and materials to be used on the project site shall be submitted to the Planning Division for review for consistency with City Council approval prior to issuance of building permits. Paint colors shall be provided in the form of paint chips.

3. Architectural Elements. Architectural elevations shall be as depicted in the plan set entitled Santa Maria Cemetery dated January 10, 2023.

4. Parking Area. Eight parking spaces are required, and nine spaces are provided.

The off-street parking area and access shall be paved and double striped in accordance with City parking standards. The parking area shall be maintained and regularly resealed and restriped. Please note that a building permit is required for restriping. The striping shall be visible at all times and the parking area shall be void of potholes and depressions.

5. Bike Racks/Storage. Bike racks and/or storage shall be installed. The location, design and number shall be approved by the Planning Division during the building permit review process.

6. Trash Service. The project proposes to provide solid waste services via two roll off containers for green waste and trash. The Cemetery District will lease these roll off containers from an authorized third -party waste company and will contract pick- ups "as needed" during daytime hours only. At no time shall the containers be allowed to be over -filled, overflow or otherwise be under -serviced. Community Development, Public Works or the Utilities Department reserve the right to require solid waste service according to City standards in the event that the above arrangement creates a public nuisance or public health or safety hazard.

Trash areas that are located adjacent to parking spaces shall be set back a minimum of ten feet to provide sight distance for automobiles backing out of the parking space.

7. Ongoing Site Maintenance. The entire site shall be permanently maintained free of accumulated dirt and litter and in an otherwise neat and attractive manner and adhere to the requirements of the Santa Maria Municipal Code. Any graffiti on the property shall be promptly painted out. All landscaping areas on the property shall be permanently maintained with healthy, growing plant material, free from weeds.

PD2022-0014 OCTOBER 17, 2023

CEMETERY DISTRICT MAINTENANCE BUILDING PLANNED DEVELOPMENT PERMIT -3-

Dead or dying plant material shall be replaced within one month of plant deterioration.

Failure to comply with this condition is a public nuisance and is subject to the adopted Citation Ordinance of the City of Santa Maria.

8. Landscape Plan. A Landscape Plan, which includes the size and species of plants, a layout of the irrigation system incorporating time clocks and/or moisture sensors, and a maintenance and watering schedule, shall be submitted to the Community Development Department for plan checking and approval. The specific planting design of the landscape area and species of trees and plants shall be subject to approval of the Planning Division during the plan check review process. The landscape plan shall be prepared in accordance with Chapter 12-44 of the Municipal Code, Landscape Standards. Backflow prevention devices shall be screened with plant material and located to maximize aesthetics.
a. The proposed storm drainage basin shall be planted with living ground cover subject to approval of the Planning Division and Public Works Engineering Division.

9. Landscape and Tree Maintenance. The applicant shall develop landscape and tree maintenance standards that shall be provided to any landscape contractor hired to work on the site. The standards shall be reviewed and approved by the Planning Division prior to first occupancy. The program shall require:
a. All on -site trees be properly maintained to retain a natural shape and size for the long-term health of the tree consistent with the natural growth pattern of its particular species and current ANSI A300 standards; b. Any tree topped, severely pruned, or severely thinned out, subject to the determination of the Planning Division, shall require a large -size replacement.
c. Ground cover and shrubbery shall be regularly maintained and pruned in a manner that encourages healthy growth and flower production. Shrubs shall not be severely sheered or formed into unnatural shapes.

10. Tree Planting. The project shall provide the trees depicted on the landscape plan.

The trees species selected shall be subject to Planning Staff review according to City Council approval. Trees shall be a minimum of 15 -gallon size.

11. Landscape Irrigation Water Meter. A separate appropriately sized irrigation meter is required for new non-residential projects with irrigated landscape areas totaling 1,000 square feet or greater, and for new residential projects with irrigated landscape areas totaling 5,000 square feet or greater. If a sub -meter is proposed for irrigation, it shall be a privately held and maintained meter, provided by the applicant, installed after the main water meter.

PD2022-0014

CEMETERY DISTRICT MAINTENANCE BUILDING
-4-
OCTOBER 17, 2023

PLANNED DEVELOPMENT PERMIT

12. Light Standards. All on -site lighting shall comply with the Municipal Code Performance Standards. A photometric plan is required at the building permit stage, subject to Planning Division approval. All lights shall be dark sky compliant (fully shielded/hooded and directed downward) and shall be directed away from residential properties in accordance with Santa Maria Municipal Code performance standards. Illumination shall be limited to 0.5 foot-candles at the residential boundary.

13. Utilities. All new public utility services, including electrical, telephone and community television antenna services, shall be placed underground in accordance with City requirements. Location of all transformer boxes and utility equipment shall be approved by the Planning Division prior to installation. All transformer boxes and utility equipment shall be underground wherever feasible. If undergrounding is not possible, the equipment should be painted to match the surroundings and placed in inconspicuous areas out of public view.

14. Mechanical Equipment. Mechanical equipment located on the roof of a building shall be completely screened. The height of the screening shall be as high, or higher, than the top of the mechanical equipment. The screening may be provided by an architecturally designed screen wall of solid material surrounding the equipment, or by the building wall parapet. Planning Division will review all rooftop equipment for compliance with ambient noise standards and may require noise attenuation screens where necessary to protect sensitive users.

15. Outdoor Storage or Equipment Maintenance. Outdoor display and storage shall comply with Section 12-13.16 of the Municipal Code. All drive aisles shall remain free and clear. No dismantled or inoperable vehicles shall be stored in parking spaces, or on -site. All repair on vehicles or cemetery maintenance equipment shall be done wholly within the building.

16. Business License. A City business license is required.

17. Merger. Prior to issuance of the building permit, a property owner -initiated merger shall be filed with the Community Development Department to remove the existing lot lines on the property. The Notice of Merger shall be recorded prior to issuance of the occupancy permit.

18. Performance Standards. The requirements of the City's performance standards with respect to odor, noise, smoke, vibration, and discharge of liquid and solid waste shall be maintained.

19. AB 1600 Fees. AB 1600 fees apply to this project and are based on the fees in effect at the time the building permit is issued.

20. Indemnification. The applicant shall agree to indemnify, defend (with counsel reasonably approved by the City), and hold harmless the City of Santa Maria and its officers, officials, employees, and agents from and against any and all claims, demands, actions, proceedings, lawsuits, losses, damages, judgments and/or PD2022-0014

CEMETERY DISTRICT MAINTENANCE BUILDING
-5-
OCTOBER 17, 2023

PLANNED DEVELOPMENT PERMIT

liabilities by third parties arising out of, related to, or in connection with the project application or to attack, set aside, void, or annul, in whole or in part, an approval of the project application by the City and any related environmental approvals, development approvals or project conditions. The Applicant shall reimburse the City, its agents, officers, officials, or employees, for any court costs and attorney's fees that the City, its agents, officers, officials, 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 provision.

21. Agency Requirements. The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project.

22. Construction Documents. A copy of these conditions shall be incorporated into all construction documents.

23. Mitigation Monitoring Program. The mitigation measures in the Mitigation Monitoring Program for the Mitigated Negative Declaration (SCH# 2023040484) are hereby incorporated and attached for reference.

Public Works Department

ENGINEERING CONDITIONS

24. Building Plans: At time of building plan submittal, the developer shall identify the following items on the site or utility plan for the subject project:

A. Location and sizes of all proposed and existing water mains, sewer mains, water meters, water service lines, backflow prevention devices, private sewer lateral connections, and storm drainage facilities in abutting streets or on the project site.

B. All parcel lines and easements crossing the project site. The project shall be required to execute a merger with 128-078-012 prior to issuance of any building permit of encroachment permit.

C. Locations and dimensions of all existing and proposed driveways and sidewalks
D. Location of existing and proposed fire hydrants
FEES

25. Utilities Connection Fees: For all development projects already connected to the utility system, the water and wastewater fees shall be based solely on an increase in water meter size or a change in use and shall be calculated and collected prior to installation of the larger meter or making a change in use. The State Water Reimbursement Fee shall be collected concurrently with the Growth PD2022-0014

CEMETERY DISTRICT MAINTENANCE BUILDING
-6-
OCTOBER 17, 2023

PLANNED DEVELOPMENT PERMIT

Mitigation Fee. The following fees are to be paid by the applicant and will be collected at time of request for connection at the Building Division, 110 South Pine Street, Suite 101.

A. Water Mitigation Fee: The fee is calculated based on the size of water meters (domestic, landscape, fire) serving the site. The fee shall be based upon the codes and rates in effect at the time of building permit issuance (Santa Maria Municipal Code (S.M.M.C.) Sections 8-15.01 through 8-15.15 and 8-15.19).

B. Wastewater Mitigation Fee: The fee is calculated based on the size of water meters (domestic) serving the site. The fee shall be based on the codes and rates in effect at the time of building permit issuance (S.M.M.C. Sections 8-

15.01 through 8-15.15 and 8-15.20).

C. State Water Reimbursement Fee: The fee is calculated based on the size of water meters (domestic, landscape, fire) serving the site. The fee shall be based on the codes and rates in effect at the time of building permit issuance (S.M.M.C. Section 8-10.05.01).

26. Traffic Mitigation Fee: The traffic mitigation fee shall be paid by the applicant at time of occupancy. The fee is based on the size and proposed use of the project.

The final fee calculation is based on the fee schedule in effect at the time of building permit issuance (S.M.M.C. Sections 8-15).

Except as provided in the Downtown Specific Plan, the City Council may consider allowing qualifying commercial and industrial development the ability to pay growth mitigation fees as outlined in the current fee schedule over a period of time. The maximum amount of time for payback shall be five years. The payments shall be made yearly, and interest shall be paid. Interest calculations shall be based on the average annual interest rate for the Local Agency Investment Fund. Qualifying companies who wish to pursue this option shall sign an agreement, in a form approved by the City Attorney, and shall provide financial security guaranteeing payment.

STREET AND FRONTAGE CONDITIONS

27. Frontage Repair: The developer shall repair any cracked or broken curb, gutter, sidewalk, or alley within the project frontage. City Public Works Inspection staff will determine the extent of the sidewalk and curb and gutter repair in the field prior to construction.

28. Sidewalk ADA Compliance: The developer shall remove and replace any sidewalk within the project frontage that does not meet ADA cross -slope requirements.

29. Intersections: Sight distance requirements shall be maintained at the intersection of any street, alley, or driveway improved for vehicular traffic per S.M.M.C.

Sections 12-27.02 and 12-27.03.

PD2022-0014

CEMETERY DISTRICT MAINTENANCE BUILDING
-7-
OCTOBER 17, 2023

PLANNED DEVELOPMENT PERMIT

WATER CONDITIONS

30. Additional Water Fixtures: If service is existing and additional fixture units are to be added to the water service, the service lateral and meter size shall be evaluated by the developer's engineer to determine if it is adequate for the increased water usage; if it is not adequate, the developer shall be responsible to install an appropriately sized service lateral and meter per City Standards.

31. Privately Owned On -site Water Lines: Water lines for fire suppression shall be separated from water lines used for domestic water. Fire suppression lines shall be looped on -site with appropriate fire service backflow prevention assemblies per Standard Detail WA -27F, separating privately -owned and maintained water lines from public water lines. On -site fire hydrants and fire sprinklers shall be supplied from this looped, on -site water line.

32. Fire Hydrants: The location, placement, and sizing of on -site water lines and fire hydrants shall be approved by the City Fire Department and Public Works Department.

33. Water Pipe Abandonment: Any existing water services not to be used by this development shall be abandoned by the developer at the mainline per City requirements.

34. Backflow Prevention: Reduced pressure principle (RP) type backflow prevention assemblies shall be installed on all domestic water services. The devices shall be installed near the property line before any branches by a licensed plumber according to City specifications and standard drawings. The devices shall be tested by a certified backflow prevention tester with test results submitted to the City's Regulatory Compliance Specialist prior to final occupancy.

WASTEWATER CONDITIONS

35. Acceptance of Public Infrastructure: Prior to issuance of Certificate of Occupancy, the developer shall clean and verify the integrity of all sanitary sewer infrastructure to the satisfaction of the Public Works Inspector. Inspections at installation do not waive the requirement for re -inspection prior to acceptance by the City.

36. Municipal Code: Discharge into the City's sewer system shall comply with municipal code discharge restrictions and requirements (S.M.M.C. Section 8-12).

37. Additional Sewer Service: If additional plumbing fixtures are to be served by an existing lateral, the lateral size shall be evaluated by the developer's engineer to determine if it is adequate for the increased sewage. It the lateral is smaller than what is necessary, the developer shall be responsible to install an additional sewer lateral per City and California State Health Agency standards.

PD2022-0014

CEMETERY DISTRICT MAINTENANCE BUILDING
-8-
OCTOBER 17, 2023

PLANNED DEVELOPMENT PERMIT

38. New Sewer Lines: All sewer pipes crossing or parallel to public water facilities shall be constructed according to the requirements of the State Water Resources Control Board Division of Drinking Water.

39. New Sewer Lateral: All sewer laterals shall be constructed in compliance with City Standard Drawing SS -14B. Sewer laterals shall be privately maintained infrastructure and connect to City infrastructure with a wye connection. Sewer laterals shall not tie in at a Public manhole.

STORM WATER CONDITIONS

40. Acceptance of Public Infrastructure: Prior to issuance of Certificate of Occupancy, the developer shall clean and verify the integrity of all storm drain infrastructure to the satisfaction of the Public Works Inspector. Inspections at installation do not waive the requirement for re -inspection prior to acceptance by the City.

41. Construction Storm Water Requirements (Site < 1 Acre): The developer shall complete and submit an Erosion and Sediment Control Plan (ESCP) provided by the Building Department along with the Grading and Drainage Standards. Approval is required before issuance of grading permit.

42. Erosion and Sediment Control Plan (ESCP) Encroachment Permit: Prior to issuance of grading permits, the developer shall be required to be approved for a City of Santa Maria Encroachment Permit to monitor and inspect the approved ESCP. This will require paying permit and inspection fees to the City.

FLOOD CONTROL CONDITIONS

43. Storm Drainage: The applicant shall provide on -site retardation facilities designed and constructed to Public Works and Community Development requirements prior to occupancy. The facilities shall be designed to accommodate the increased drainage water flow of a twenty -five-year storm event as a result of new development. Developer shall provide hydrologic and hydraulic study detailing assumptions, calculations, and design of the on -site retardation.

The applicant shall submit a grading plan for review and approval by Public Works and Community Development prior to issuance of building permits. Refer to the "Grading Plan Information" handout distributed by Community Development for guidance.

PD2022-0014

CEMETERY DISTRICT MAINTENANCE BUILDING
-9-
OCTOBER 17, 2023

PLANNED DEVELOPMENT PERMIT

POST -CONSTRUCTION STORM WATER CONDITIONS

44. Post -Construction Storm Water: The Central Coast Regional Water Quality Control Board requires that all new projects that create or replace 2,500 square feet or more of impervious area must follow the post -construction requirements (PCRs).

The Stormwater Technical Manual and further guidance on completing an SCP are available online ( http://www.sbprojectcleanwater.org) .

A. The developer shall demonstrate project compliance with the PCRs by submitting a Stormwater Control Plan (SCP) using the template provided in the Stormwater Technical Guide.

B. The SCP shall include a site plan, Stormwater Control Measure (SCM) sizing calculations, details of bioretention design, and dimensions of drainage management areas.

C. The SCP shall include an Operation and Maintenance (O&M) plan, detailing how the site and required post -construction improvements shall be maintained into perpetuity by the owner.

D. A SCP is required and shall receive preliminary approval from the Public Works Department prior to discretionary approval of the Planning Permit.

The developer shall resubmit the SCP with the Building Plan submittal for final review and approval. The resubmittal is to account for any necessary changes to the site plan between entitlement and construction.

E. Grading plans shall include the following language:
i. Provide installation elevation by licensed surveyor to Public Works Department, Engineering Division within seven calendar days of installation.
i i . Provide basin dimension and depth, including outlet structure cross section with elevations, signed, and stamped by the Engineer of Record who prepared the Stormwater Control Plan to the Public Works Department, Engineering Division, within seven calendar days of installation.
iii . Provide copy of invoice of installed gravel and bioretention soil media, along with photo -documentation of complete structure cross sections to Public Works Department, Engineering Division, within seven calendar days of installation.

F. The following shall occur prior to final SCP approval:
i. Engineer of Record that prepares the SCP shall provide documentation of critical design elements in structures that are underground, buried, or otherwise hard to verify after installation.

PD2022-0014 OCTOBER 17, 2023

CEMETERY DISTRICT MAINTENANCE BUILDING PLANNED DEVELOPMENT PERMIT - 10 -

Critical elements include elevations of the bottom of bioretention, top of gravel, and overflow structures.
i i . The property owner shall sign a Post -Construction Stormwater Control Measures Maintenance Agreement form with the City of Santa Maria. The form will be provided by Public Works after the final review of the SCP. The agreements shall be approved, signed, and attached to the property address prior to issuing the Certificate of Occupancy.

SOLID WASTE CONDITIONS

45. Multi -family and Commercial/Industrial Facilities: As mandated by state law, this development is required to comply with all applicable laws and regulations pertaining to solid waste disposal and recycling, the City of Santa Maria Mandatory Organic Waste Disposal Reduction Ordinance No. 2021-10, Chapter 8-21, and Title 8, Chapter 8-11 of the City of Santa Maria Municipal Code.

A. The developer shall submit a site plan identifying location(s) of each solid waste enclosure ("Enclosure") to contain refuse and recycling (including single stream recycling and organics) bin(s)/container(s). The proposed location of each enclosure shall enable tenants to dispose of their refuse and recyclable materials safely and efficiently. The site plan shall be reviewed and approved by the City prior to issuance of building permits.

B. The developer shall design site travel ways, entrance, and exit areas with sufficient space, free of obstructions (trees, oversized islands, etc.) to allow for Collection Vehicles to safely enter/exit the subject site to avoid damage to site property or Collection Vehicles.

C. The developer shall design all site vehicle travel ways to withstand loads imposed by Collection Vehicles.

MODIFICATION OF CONDITIONS

46. The Director of Public Works, Planning Commission, and Council reserve the right to modify these conditions if they deem it necessary to ensure compliance of the project with Chapter 8-6 of the S.M.M.C. (S.M.M.C. Section 8-6.09).

Fire Department

47. Address Numbers. Numbers shall be clearly visible from the centerline of the roadway fronting the building and shall contrast with their background. Number height shall be a minimum of (12 -inches for commercial buildings. The proposed location and design of address numbers or this note shall be shown on plans.

48. Access Roads. An approved SMFD access road shall extend to within 150 feet of all portions of the exterior walls of the first story of the building, as measured by an approved route around the exterior of the building. Widths as shown meet Fire Department requirements.

PD2022-0014 OCTOBER 17, 2023

CEMETERY DISTRICT MAINTENANCE BUILDING PLANNED DEVELOPMENT PERMIT - 11 -

a. All weather surface access roads shall be installed and approved by the SMFD prior to vertical combustible construction.

49. Fire Lane Signs. "No Parking, Fire Lane" signs shall be posted at entrances. Signs shall be designed per SMFD Development Guidelines. All curbing in a designated Fire Lane or fire access way shall be painted red with "Fire Lane, No Parking" graphics stenciled every 100 linear feet or as otherwise designated on approved plans.

50. Fire Hydrants. Fire hydrants shall be installed per City of Santa Maria Public Works Standards.
a. Fire hydrant spacing and distribution shall comply with CFC Section 507 and CFC Appendix C. The fire hydrants shall be located within 400 feet of all exterior walls by way of access. Hydrants shall be equipped with one (1) four and a half inch (4 1/2") and two (2) two and a half inch (2 1/2" outlets and flow a minimum of 1500 gpm at 20 psi. Please show all existing and/or proposed fire hydrants on plans meeting these requirements. Fire hydrants shall be installed and operational prior to vertical combustible construction.

51. Fire Hydrant Protection. On -site fire hydrants shall be protected from impact in accordance with City Of Santa Maria Public Works Standards and SMFD Development Guidelines.

52. Water Mains. Water Mains shall be installed per City of Santa Maria Public Works and NFPA standards. Minimum main size shall be eight inches, or as determined by hydraulic calculations.

53. Hydrant Markers. Reflective blue dot fire hydrant location markers shall be installed.

Recreation and Parks Department

54. Development Fees: Per the Municipal Code, several Recreation and Parks Development Fees may apply to this project. Note: fees are reviewed annually and are subject to change.
a. Commercial Growth Mitigation $0.01/square foot.

55. Landscape District: This project will be included in the Southeast Landscape Maintenance District. The signed and notarized "Petition Requesting Annexation" form is due at time of building permit issuance. It can be returned to the Recreation and Parks Department, 615 S. McClelland, Santa Maria, CA 93454.

PD2022-0014

CEMETERY DISTRICT MAINTENANCE BUILDING
- 12 -
OCTOBER 17, 2023

PLANNED DEVELOPMENT PERMIT

NOTES:

In accordance with Section 12-35.109 of the Municipal Code, this permit is not valid until the 15th calendar day following the issuance of the permit, providing no appeal is filed; or if an appeal is filed, this permit is not valid until the effective date of the final action on the appeal.

In accordance with Section 12-35.501 of the Municipal Code, the City may modify conditions of approval of the permit, or may revoke the permit for non-compliance with any of the conditions of approval, or if any operations under the approved permit result in detriment to the public health, safety or welfare.

This permit will not be valid until the applicant and property owner have submitted signed acknowledgment of their consent to the conditions, in accordance with Section 12-35.109 of the Santa Maria Municipal Code, to the Planning Division of the Community Development Department.

In accordance with Section 12-35.501 of the Municipal Code, this permit shall become null and void if the development authorized is, or has been, unused, abandoned, discontinued, or development has not been commenced within a period of three (3) years. However, the approval body may consider extensions of time for additional periods of up to two (2) years each, for a maximum overall permit life of seven (7) years. A written request justifying the need and the appropriate filing fee filed with the Community Development Department shall be submitted prior to the expiration date.

Failure to comply with any of the conditions stated above may be cause for revocation or modification of this permit, in addition to any other penalties provided by law.

All conditions of approval are to be completed prior to occupancy unless otherwise stated, and are to be maintained in perpetuity.

PD2022-0014

CEMETERY DISTRICT MAINTENANCE BUILDING
-13-
OCTOBER 17, 2023

PLANNED DEVELOPMENT PERMIT

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--�43' 48" W 711.39'
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AREA OF WORK I

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SYMBOLS

ABBREVIATIONS

NORTH ARROW

ROOM SCHEDULE
OFFICE_ —ROOM
NAME

CEILING
HEIGHT
FINISH

COLUMN GRID LINE

SCHEDULE NUMBERS

DOOR NUMBER

SECTION CUT

KEYNOTES

KEYNOTE NUMBER

OR LETTER
DETAIL
DETAIL
NUMBER

SHEET I
NUMBER
H/ADI.O DETAIL SHEET

NUMBER NUMBER

REVISIONS

REVISION
NUMBER

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FOOTING
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HEADED CONCRETE ANCHOR

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TYP. TYPICAL
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MAXIMUM

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NUMBER

NOT TO SCALE

ON CENTER

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ORIENTED STRAND BOARD

POINT OF CONNECTION

POUNDS PER LINEAL FOOT

POUNDS PER SQUARE FOOT

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PROPERTY LINE

REFER TO, REFERENCE FROM

REINFORCING

REQUIRED

ROUGH OPENING

SEE ARCHITECT'S DRAWINGS

SELECTED BY OWNER

SOLID CORE

SCHEDULE

SEE ENGINEER'S DRAWINGS

SLIDING GLASS DOOR

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SINGLE HUNG WINDOW

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PROJECT DIRECTORY:

ARCHITECT/

RESPONSIBLE
DESIGN

PROFESSIONAL
CIVIL
ENGINEER:

STRUCTURAL
ENGINEER:

SOILS
ENGINEER:

ELECTRICAL
DESIGNER:

LANDSCAPE
DESIGNER:

TOM B. MARTINEZ E ASSOCIATES
2624 AIR PARK DRIVE
SANTA MARIA, CALIF. 93455
(805) 934-5737 ATTN.: TOM MARTINEZ
BETHEL 4 ASSOCIATES
2624 AIR PARK DRIVE
SANTA MARIA, CALIF. 93455
(805) 934-5767 ATTN.: RUSS GARRISON

PDR ENGINEERING
5119 W. 129TH. ST.

HAWHTORNE, CA 90250
(805) 598-8524 ATTN. PABLO RAMOS

PACIFIC COAST TESTING
524 EAST CHAPEL STREET
SANTA MARIA, CALIF. 93454
(805) 631-5108 ATTN. RICK ARMERO

JMPE ELECTRICAL ENGINEERING
627 OLIVE STREET
SANTA BARBARA, CALIF. 93105
(805) 569-9216 ATTN. JOHN MALONEY

PLEINAIRE DESIGN GROUP
3203 LIGHTINING ST., SUITE 201
SANTA MARIA, CALIF. 934555
(805) 349-9695 ATTN. KEVIN SMALL
L
L 390.45'
R = 952.00'
BATTLES RD.

PROJECT SITE
N25'13'44"E

72.83'
❑•
i
UTILITIES:

ELECTRICAL
SERVICE:

PHONE
SERVICE:

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SERVICE:

CABLE T.V.:

WATER/SEWER

SERVICE
L = 39.05'
R=25.00'
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I

PACIFIC GAS AND ELECTRIC
2445 SKYWAY DRIVE
SANTA MARIA, CALIF. 93455

FRONTIER COMMUNICATIONS
1223 W. FAIRWAY DRIVE
SANTA MARIA, CALIF. 93455

THE GAS COMPANY
3138 INDUSTRIAL PARKWAY
SANTA MARIA, CALIF. 93455

COMCAST CABLE
2323 THOMPSON WAY
SANTA MARIA, CALIF. 93455

CITY OF SANTA MARIA

UTILITIES DEPARTMENT
2065 EAST MAIN STREET
SANTA MARIA, CALIF. 93454
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NOT TO SCALE

GENERAL DATA
ASSESSOR'S PARCEL NUMBER:

PROJECT ADDRESS:

OWNER/ APPLICANT:

DESCRIPTION OF WORK:

ZONING:

OCCUPANCY GROUP:

RISK CATEGORY :

CONSTRUCTION TYPE (CBC)

NUMBER OF STORIES
BUILDING HEIGHT:

SEISMIC DESIGN CATEGORY:

BASIC WIND SPEED
128-076-032
1600 BLOCK S. COLLEGE DRIVE
SANTA MARIA, CA 13454

SANTA MARIA CEMETERY DISTRICT
1501 SOUTH COLLEGE DRIVE
SANTA MARIA, CA 93455
Attn: DEBRA FOWLER (805) 925-4595

CONSTRUCT NEW PRE -FABRICATED

MAINTENANCE EQUIPMENT STORAGE

BUILDING AND OFFICE
OFFICE/BREAK ROOM 544 SF
STORAGE BLDG. 2,550 SF
PF/CF
B OFFICE / S-2 STORAGE BLDG

CATEGORY II

II B, SPRINKLERED

ONE STORY
19'-5" HIGHEST POINT - STORAGE
D
85 (3 SEC) EXPOSURE C

PROJECT SHALL COMPLY W/ CALIFORNIA CODE OF REGULATIONS, TITLE 24, THE 2019 CBC, CGBSC, CMC, CPC, CEC, CFC AND THEIR

RESPECTIVE AMENDMENTS, CALIFORNIA STATE LAW REGULATING

ENERGY CONSERVATION AND ACCESS FOR THE DISABLED, AND THE CITY OF SANTA MARIA MUNICIPAL CODE.

ALL PROPERTY LINES, EASEMENTS AND BUILDINGS BOTH EXISTING AND PROPOSED ARE SHOWN ON SITE PLAN.

NO HAZARDOUS MATERIALS SHALL BE STORED OR USED WITHIN THE BUILDING WHICH EXCEED QUANTITIES LISTED IN 2019 CBC, TABLES 307.1(1) AND 307.1(2)

SITE DATA/BREAKDOWN

PROPOSED BUILDING FOOTPRINT
OFFICE/BREAK ROOM 544 SF
STORAGE BLDG 2,550 SF

PROPOSED IMPERVIOUS AREAS

PROPOSED LANDSCAPE AREAS

STORAGE AREA (CLASS II BASE)
3,094 SF 8.2%
II, 358 SF
7, 588 SF
15, 857 SF

30.0%

20.0%

41.8%

TOTAL LOT AREA
37, 897 SF

PARKING TABULATION
PARKING PROVIDED: STANDARD: 8
ACCESSIBLE: I
TOTAL: 9

SHEET INDEX
C-1.0 COVER SHEET / INDEX
C-2.0 ENLARGED SITE PLAN

C -I DEVELOPMENT PLAN

C -I PRELIMINARY GRADING PLAN
A-1.0 FLOOR PLAN
A-2.0 EXTERIOR ELEVATIONS
L -I.0 CONCEPTUAL LANDSCAPE PLAN
100%

ATTACHMENT H

REVISIONS
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SANTA MARIA CEMETERY
To be located at:
1600 Block South College Drive
Santa Maria, Calif. . '13454
'ENO: 20.121
DRAWN BY :

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DATE : jai 10, 23
SHEET :

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INDICATES PROPOSED LANDSCAPING, SEE

LANDSCAPE DRAWINGS
44-

INDICATES CLASS II BASE TO BE USED

FOR STORAGE, TRASH/GREEN WASTE
INDICATES PROPOSED CONC. FLATWORK
a .

REFERENCE KEY NOTES:

1. PROPOSED ACCESSIBLE PARKING ENTRY SIGN

2. PROPOSED VAN ACCESSIBLE PARKING SPACE AND AISLE

3. PROPOSED PARKING SPACE SIGN MOUNTED ON POLE

4. ACCESSIBLE PATH OF TRAVEL

5. PROPOSED INTERNATIONAL SYMBOL OF ACCESSIBILITY; WHITE FIGURE

ON BLUE BACKGROUND

6. PROPOSED FIRE DEPT. KEY BOX

7. PROPOSED CONC. WHEEL STOP
B. PROPOSED CONC. CURB PER CIVIL DRAWINGS

9. PROPOSED A.C. PAVING PER CIVIL DRAWINGS

10. PROPOSED CONC. V GUTTER PER CIVIL DRAWINGS
II. PROPOSED DETECTABLE WARNING PER CIVIL DRAWINGS

12. PROPOSED PARKING SPACE STRIPING PER CIVIL DRAWINGS

13. (E) WATER STORAGE TANKS AND PUMPS

14. PROPOSED 6' HIGH CHAINLINK FENCE W/ PRIVACY SLATS

15. PROPOSED CHAINLINK ENTRY GATES
lb. (E) CMU BOUNDRY WALL TO REMAIN

17. (E) ABANDONED OIL WELL

18. PROPOSED 8'x8'x24" ROLL -OFF CONTAINER

19. PROPOSED FIRE HYDRANT

20. PROPOSED FIRE RISER

21. WALL PACK LIGHT FIXTURE, DARK SKY COMPLIANT

REVISIONS
BY
...---1
torn a. martunez
-1 & associates
ARCHITECTURE I N C. ZI
2624 AIR PARK DRIVE ^�
SANTA MARIA, CA 93455 'f
PHONE (805) 934-5737
FAX (805) 934-4916
Illiligii111
as
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1Y111111N !
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yp�yy�r■r■�jj yiy �g
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SHEET TITLE :

MAINTENANCE

BUILDING SITE PLAN

PLANNING
Project for:

SANTA MARIA CEMETERY
To be located at:
1600 Block South College Drive
Santa Maria, Calif. . c13.454
JOB No • 20.121
DRAWN BY : RA
CHECK BY : TBM
DATE: Nov 2,22
SHEET :

C-2.0

O

PHASE II
(EXISTING)
(P) 6' PRIVACY

CHAINLINK FENCE
(E) RESIDENTIAL LOT

NOT A PART
(E) RESIDENTIAL LOT

NOT A PART
R=1/2"

CLASS A

CONCRETE
24"
4" 8"
Ln
12"
6" CURB ONLY
PER DTL. C,
BELOW
6" CURB &

GUTTER PER
DTL. E, BELOW
SHT
3 (E) BOUNDARY WALL

TO REMAIN/DO NOT DISTURB
I

ROLLED CURB & GUTTER
mt
co

3.00" TYPE A

AC PAVING
7" CLASS II

AGGREGATE BASE

COMPACTED

NATIVE SOIL
(E) BOUNDARY WALL

DO NOT DISTURB
234.07
FG

20.3'
NTS
FINISH
GRADE
TIE-IN

TO EXISTING
4" ROLLED CURB
& GUTTER PER
DTL. A, BELOW

V -GUTTER
PER DTL. B, -
BELOW

DOWNSPOUT

ZERO HEIGHT
CURB PER DTL.

D, BELOW
(E) 4" PVC CEMETERY/AG

IRRIGATION WATER LINE,

DO NOT DISTURB
(E) 6" PVC ABANDONED

AG IRR GATION WATER LINE,

DO NOT DISTURB
40"E++++ ++++ ++++ +++
+ + + + + + + + + + + + + + + + + + + +
(P) PRIVACY CHAINLINK + + + + + + + + + + + + + + + + + GATE TO DETOUR + + + + + + + + + + + + + + + + +
:•:• PUBLIC FROM YARD + + + + + + + + + + + + + + + + + -r t -r 1- -r + + + + + + + + + + + + + + + + + +
+ + + + + + + + + + + + + + + + + + + + + +
+ + + + + + + + + + + + + + + + + + + + + + +
+ + + + + + + + + + + + + + + + + + + + + +
+ + + + + + + + + + + + + + + + + + + + + + +
':•: + + + + + + + + + + + + + + + + + + + + + +
: + + + + + + + + + + + + + + + + + + + + + +
+ + + + + + + + + + + + + +
ADA PARKING 6" CURB ONLY . + + + + + + + + + + +
STALL, PER PER DTL. C, + + + + + + + + + + + +
:•;• ; CALTRANS A90A ;: •; BELOW • + + + + + + + + + + + +I:
(E) 6" PVC CEMETERY/AG

IRRIGATION WATER LINE,

DO NOT DISTURB

PHASE I I I
(FUTURE PHASE)
(E) CEMETERY/AG

IRRIGATION WATER WELL
& STORAGE TANKS,

DO NOT DISTURB
(P) 6' PRIVACY

CHAINLINK FENCE
..............
+ + + + + + + + + + + + + + + + + + R- + 4-
+ + + + + + + + + + + + + + + + + + + + + + + + +
+ + + + + + + + + + + + + + + + + + + + + + + + + +
+ + + + + + + + + + + 4 + + + + + + + + + + + + +

4. . • •

DOWNSPOUT
sB.

FINISH
GRADE
I I I I�� I C I
-111-111-111-111-111-1-=111=111=

V-GUTTER
NTS
NORTH
+ + + + + + + + + + +
R=4"
232.56
�R=j„
+ + + + + + + + + + + + + + +
+ + + + + + + + + + + + + + +
+ + + + + + + + + + + + + + -
+ + + + + + + + + + + + + +
+ + + + + + + + + + + + + +
+ + + + + + + + + + + + + + +
+ + + + + + + + + + + + + + +
+ + + + + + + + + + + + + + +
+ + + + + + + + + + + + + + + +
+ + + + + + + + + + + + + + + +
+ + + + + + + + + + + + + + + +
+ + ZERO HEIGHT + + + + + + + + + +
+ CURB PER DTL. + + + + + + + + + +
+ + D, BELOW + + + + + + + + + +
+ + + + + + + + + + +
+ + + + + + + + + + + + + + +
(E) ABANDONED + + + + + + + + + + + +
COMMUNITY + + + + + + + + + +
+ + + + + + + + + + +
+ #1 OIL WELL + + + + + + + + + + +
+ + + + + + + + + + + + + + +
+ + + + + + + + + + + + + + + +
+ + + + + + + + + + + + + + + +
+ +6" CURB ONLY + + + + + + + + + +
PER DTL. C, + + + + + + + + + + +
+ +BELOW + + + + + + + + + +
+
+ + + + T + + + + + 1 1
+ + + + + + + + + + (E) BOUNDARY WALL
(E)It TO BE REMOVED PER
SEPARATE DOC. BY OTHERS
•
+ + + + + + + + + + TO REMAIN/DO NOT DISTURB
+ + .i. + + + + + + + - - - t t t -
�+ ZERO HEIGHT + + + + + + + + + + + + • •.•.•.
+fir CURB PER DTL. + + + + + + + + + + + '•' ' •
+ D, BELOW + + + + + + + + + + + +
I- + + + + + + + + + + + + + + + +
T + I I I -' + 4- + + + + + + + + +
r + + + + + + + + + + + + + + + +
t I I I .1- + 4- + + + + + + + + + +
+ + + + + + + + + + + + + + + + +
+ + + + + + + + + + + + + + + + +
I + + + + + + + + + + + + + + + +
+ + + + + + + + + + + + + + + + +
+ + + + + + + + + + + + + + + + +
+ + + + + + + + + + + + + + + + + +
+ + + +
-6"
=111 1 1 1
1 4

4. 4 O d

PAVEMENT
14-"
4 °ii�,�iii�,�iilllli
6" CURB ONLY
SOUTH
234.25
233.85FG
FL
(E) BOUNDARY WALL

DO NOT DISTURB
234.07
1 FG

20.0'
234.25
233.39 FG
/ FL

30.0'

85.0 NTS
MIN.

R=1/2"

CLASS A

CONCRETE
(E) BOUNDARY WALL + + + +
TO REMAIN/DO NOT DISTURB + + + +
12"
O
Pei
co

3.00" TYPE A

AC PAVING
7" CLASS II

AGGREGATE BASE

II ' COMPACTED

NATIVE SOIL
12" ZERO HEIGHT CURB

PROPOSED MAINTENANCE BAYS
234.50 FF

34.0'
NTS
20 0
10 GRAPHIC SCALE
20 40
BO
( IN FEET )
1 inch = 20 ft.

E) RESIDENTIAL LOT

NOT A PART

PROPOSED MAINTENANCE OFFICE
234.50 FF

CEMETERY MAINTENANCE YARD SECTION
WEST
N.T.S.

PROPOSED MAINTENANCE BAYS
234.50 FF
_---._--- ,. x.w+weave,wrramm*�ewr+auime•Pmrw,v,atrfi
3" TYPE A AC OVER
7" CLASS II BASE
113.9'
EAST

V -GUTTER PER
DTL. B. THIS SHT.

CEMETERY MAINTENANCE YARD SECTION
234.25
FG
APN 128-076-032
I
II I I ..

I I I -III -� � I-� � I-� I
I II III�II�III III� ���-
N
0 il
N
II
26"
1 -CLASS 2 AGGREGATE BASE, 6" MIN.

DEPTH UNLESS OTHERWISE NOTED

93.3'

CEMETERY LAY DOWN AREA
3" TYPE A AC OVER
/-7" CLASS II BASE

PROJECT INFORMATION

EXISTING PARCELS
(128-076-032) = 0.87 ACRES
(128-078-012) = 29.16 ACRES

PROPOSED PARCEL
(APN TBD) = 30.03 ACRES
PROJECT PARCELS:

NUMBER OF EXISTING LOTS: 2
NUMBER OF PROPOSED LOTS: 1
ZONING PROPOSED: PF(PUBLIC FACILITY)

LEGAL DESCRIPTION
APN 128-076-032
LOT 32 OF TRACT "NEWLOVE ACRES #1" IN THE CITY OF SANTA

MARIA, COUNTY OF SANTA BARBARA, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 15, PAGE 208 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

UTILITIES
WATER:

SEWER:

ELECTRICITY:

GAS:

TELEPHONE:

CABLE TV:

CITY OF SANTA MARIA

CITY OF SANTA MARIA

PACIFIC GAS & ELECTRIC
SO. CALIF. GAS COMPANY

FRONTIER COMMUNICATIONS

COMCAST CABLE
F.I.R.M. INFORMATION

SANTA MARIA CEMETERY

DEVELOPMENT PLAN

FUTURE MAINTENANCE BUILDING
for PD2022-0014
FEDERAL EMERGENCY MANAGEMENT AGENCY (F.E.M.A.) AND FLOOD INSURANCE RATE MAP (F.I.R.M.) CERTIFICATE: (COMPLETE AND SIGN PRIOR TO APPROVAL OF GRADING PLAN} COMMUNITY NUMBER: 060336
DATE OF F.I.R.M. SEPT. 30, 2005
F.I.R.M. ZONE: __X__
PANEL NUMBER: 0187F
DATE OF F.I.R.M. AMENDMENTS:

THE LOWEST FLOOR ELEVATION IN ALL A -ZONES, WHERE BASE FLOOD ELEVATIONS ARE UTILIZED, WILL BE FIELD CHECKED, "AS -BUILT" AND CERTIFIED PRIOR TO OCCUPANCY OF

THE STRUCTURES BY A LICENSED CIVIL ENGINEER, LAND SURVEYOR OR ARCHITECT AS

REQUIRED TO COMPLY WITH THE CITY OF SANTA MARIA FLOOD PLAIN MANAGEMENT ORDINANCE AND F.E.M.A. REQUIRED INFORMATION FROM THE FLOOD INSURANCE RATE MAP.

ELEVATION DATUM USED ON THE F.I.R.M. FOR BASE FLOOD ELEVATION N.A.V.D. '88 DATUM.

I CERTIFY THAT THE INFORMATION ON THIS CERTIFICATE REPRESENTS MY BEST EFFORTS TO INTERPRET THE DATA AVAILABLE. I UNDERSTAND THAT ANY FALSE STATEMENT MAY BE PUNISHABLE BY FINE OF IMPRISONMENT UNDER 18 U.S. CODE, SECTION 1001.

CERTIFIER'S NAME: RUSSELL J. GARRISON LICENSE NUMBER: R.C.E. 59967 TITLE: CHIEF ENGINEER
ADDRESS: 2624 AIRPARK DRIVE CITY: SANTA MARIA
STATE: CALIFORNIA. ZIP: 93455 PHONE: (805) 934-5767
RUSSELL J. GARRISON, P.E. DATE:

PARKING
10 SPACES(1 ADA SPACES)
II
-I I I I II I I I ' I
6" CURB AND GUTTER
NTS
232.17
FL
(E) CEMETERY GROUNDS
APN 128-078-012

26.9'
233.62 TC
233.29 FL
4" ROLLED CURB
Sc GUTTER PER
DTL. A, THIS SHT.
233.7
FG
/(E) BOUNDARY WALL
/ DO NOT DISTURB

CLASS II BASE - TO BE USED FOR STOCK PILE, VAULT STORAGE

AND TRASH/GREEN WASTE ROLL OFF CONTAINER STORAGE

LANDSCAPED AREA
PAVED AREA - 3" TYPE A AC PAVEMENT OVER 7" CLASS II BASE PAVED AREA - 4" CLASS A CONCRETE W/ #3 REBAR 18" O.C. OVER 95% COMPACTED NATIVE

PROJECT STATISTICS
TOTAL DEVELOPMENT AREA:

BUILDING FOOTPRINT:

PAVING/HARDSCAPE:

LANDSCAPE:

TOTAL:

AREA PERCENTAGE OF

DEVELOPMENT AREA
37,897 S.F. / 0.87± AC. (NET)
3,094 S.F.

0.07± AC.
11,358 S.F.

0.26± AC.
23,445 S.F.

0.54± AC.
8%
30%
62%
37,897 S.F. (NET)

0.87± AC. (NET)
LEGEND
100%

WATER LINE

PROJECT BOUNDARY

CENTERLINE

PROPERTY LINE
EXIST. CURB LINE

NEW CURB LINE

FUTURE CURB LINE

STORM DRAIN
EXIST. STORM DRAIN

EASEMENT LINE

SEWER MAIN

EXIST SEWER MAIN
EXIST. WATER MAIN

BLOCK WALL

EXIST, BLOCK WALL
PROP. SLOPE AS NOTED
EXIST. CONTOURS

BLOW OFF VALVE

FIRE HYDRANT

MAHHOLE RIM

MANHOLE INVERT

SANITARY SEWER

SEWER CLEANOUT

SEWER MANHOLE

SQUARE FEET

STORM DRAIN

WATER LINE
B.O.

FH
RIM
INV
SS
C.O.

SSMH
SF
S.D.

WL

YYYYYYY
200

STORM DRAIN MANHOLE
EXIST. S.D. MANHOLE

STREET LIGHT

EXIST STREET LIGHT

FUTURE STREET LIGHT

FIRE HYDRANT

EXIST FIRE HYDRANT

SEWER CLEANOUT

SEWER MANHOLE

BLOW -OFF VALVE

EARTHWORK QUANITIES
..).43,40NToo
RAW CUT: 188 CY
RAW FILL: 1.455 CY
NET CUT: 1,267 CY
* THE ABOVE VOLUMES ARE PRELIMINARY. ACTUAL QUANTITIES WILL

VARY BASED ON FINAL DESIGN AND REQUIREMENTS TO COMPLETE THE PROJECT AS APPROVED.

BASIS OF BEARINGS

THE BASIS OF BEARINGS FOR THIS SURVEY IS THE EASTERLY LINE OF TRACT 5279 AND IS PER THE CALIF. COORD. SYSTEM FOR ZONE 5.

BENCHMARK
THE LOCAL BENCHMARK USED FOR THIS SURVEY IS A 2" IRON PIPE WITH 2-1/2" BRASS CAP STAMPED "S.B. CO. GPS CONTROL 1992 PLS 5470 STA. 1121" AND CENTER PUNCHED. THE STATION IS IN A STANDARD 12 INCH DIAMETER, CAST IRON MONUMENT WELL DOWN 0.2

FEET FROM ASPHALT ROAD SURFACE BETWEEN THE NORTHERLY EDGE

OF PAVEMENT AND THE TRAFFIC LANE PAINT STRIPE OF BETTERAVIA ROAD APPROXIMATELY 0.65 MILES EASTERLY OF NICHOLSON AVENUE.

THERE IS A WATER TRUCK FILLING STATION ON THE SOUTHERLY SIDE OF THE ROAD ELEVATION = 293.09 FEET, NAVD88

SANTA MARIA CEMETERY
DEVELOPMENT PLAN for
PD2022- 0014
C-1
1/10/2023
b1 BETHEL
2624 Airpork Dr., Santo Maria,
California 93455 (805) 934-5767
N.T.S.

O
i
R=1/2"

CLASS A

CONCRETE

ROLLED CURB & GUTTER
CAD
SS MAN
(233.0 RIM) \ 1�
(226.76 INV) I I\
(232.81 FS)I
I II
1 (2313
(232
(233.29 TC)
(232.96 FS)
(233.08 TC)
(232.75 FS)
(232.7 RIM)
(227.14 INV)
(233.46 TC)
233.12 FS)
I IL (E 8" FIRE SERVICE
-BACKFLOW KFLOW PREVENTOR _
I
I I II I _ (E)2" DOMESTIC WATER

I I II I SERVICE & RP BACKFLOW

I I II I
I II I
I 111.--
24"

3.00" TYPE A

AC PAVING
7" CLASS II

AGGREGATE BASE

III' COMPACTED

NATIVE SOIL
(E) BOUNDARY WALL

DO NOT DISTURB
234.07
FG
R
1 I-

20.3'
NTS
'-(233.60 TC)
(233.27 FS)
FINISH
GRADE
6"gQNc. 1E;.: •
3-j3<X•,C011T:
.% ' •e•• r•'NATIVE
3'

1.5"
(232.

FL)
i
� (232.85 TC)
7 (232.85 FS)

32.85 (233.21 TC)
FL (232.88 FS) (233.0 RIM)
(228.14 INV)
(233.13 TCF-4-
232.80 FS)

PHASE II
(EXISTING)
(E) 6" SEWER LATERAL ® 1% (PRIVATE)
-- .3% -
(E) 2" DOM. SCH 8 P.V.C. W.L. (' _ 'TE)
(F) 8" P.V.C. CL1.50 •:00 FIRE W.L. (PR

2.32,1111.7
(234.27 RIM)
(229.14 INV)
q.3%
(233.51 TC)
(233.18 FS)
(233.60 TC)
(233.26 FS)
0 CV
(233.49 TC/HP)
(233.16 FS/HP)
234.08 FG
(P) 6' PRIVACY

CHAINLINK FENCE
(E) RESIDENTIAL LOT

NOT A PART
6" CURB ONLY
PER DTL. C,
BELOW
1-2" ELECTRIC SERVICE

CONDUIT FROM METER &
1-3" CONDUIT, 2-2"

COMMUNICATION CONDUITS

FOR FUTURE CEMETERY
BUILDINGS, 24" MIN. COVER
(E) RESIDENTIAL LOT

NOT A PART
FINISH
GRADE
P%1VfNt
'' ' •.SECTION
::III III-III
IiIIIElIII�IIII-IIII�lllll�llllllllllllllII V -GUTTER
NTS
NORTH
jl-
R=}"
IIIA
4 d
as
6" CURB &

GUTTER PER
DTL. E, BELOW
A
SHT.
3 (E) BOUNDARY WALL

TO REMAIN/DO NOT DISTURB
_6" L

PAVEMENT
14"

I I I II
6" CURB ONLY
2 SOUTH
234.25
233.85FG
FL
(E) BOUNDARY WALL

DO NOT DISTURB
234.07
1 FG

20.0'
234.25
233.39 FG
/ FL

30.0'

85.0'
NTS
MIN.

R=1/2"

CLASS A

CONCRETE
(233.51 TC)
(233.18 FS)
(233.56 TC)
(233.23 FS)
TIE-IN

TO EXISTING
234.32 TC
233.98 FS
6" CURB ONLY
PER DTL. C,
BELOW
234.48 TC
234.15 FS
234.24 TC
233.90 S
-234.48 TC_
234.15 FS
234.40 TC
234.07 FS
234.33 TC
234.00 F
234.14 TC
233.81 FS

34.22 TC

33.89 234.20 TC
233.87 FS
234.15 TC
233.82 FS
234.13 TC
233.80 FS
234.22 TC
233.89 FS

WL TEE, SEE
DTL. F, BELOW
FUTURE 6" P.V.C.

CL 150 C900 FIRE
W.L. (PRIVATE)
(E) 5' PRIVACY CHAINLINK

FENCE, DO NOT DISTURB
(233.4 RIM)
(229.97 INV)
233.40
II 0
1 233.49
FL

V -GUTTER
PER DTL. B,
BELOW
(P)2" SCH 80 I I
P.V.C. DOM '6-1 I
W.L. (PRIVATE)
(P)6" P.V.C.

CL150 C900
FDC W.L.(PRIVATE)

DOWNSPOUT
234.49
234.82 TC FS
234.49 FS

ZERO HEIGHT
CURB PER DTL.

D, BELOW
0234.50 FF)
B
SHT.
3 3.00" TYPE A

AC PAVING
7" CLASS II

AGGREGATE BASE

COMPACTED

NATIVE SOIL
12" ZERO HEIGHT CURB

PROPOSED MAINTENANCE BAYS
234.50 FF

34.0'
NTS

PROPOSED MAINTENANCE OFFICE
234.50 FF

CEMETERY MAINTENANCE YARD SECTION
WEST
N.T.S.

PROPOSED MAINTENANCE BAYS
234.50 FF
fgefilinEKSIWNITS.117111+,11:,
,",
3" TYPE A AC OVER
7" CLASS II BASE
113.9'
EAST

V -GUTTER PER
DTL. B. THIS SHT.
234.25
FG
APN 128-076-032
(E)UTILITIES STUBBED

AND CAPPED FOR

FUTURE BUILDINGS
(E) 4" PVC CEMETERY/AG

IRRIGATION WATER LINE,

DO NOT DISTURB
(E) 6" PVC ABANDONED

AG IRRIGATION WATER LINE,

DO NOT DISTURB
(233.5 RIM)
(230.21 INV)
233.71 TC
233.38 FL 4" ROLLED CURB
& GUTTER PER
DTL. A, BELOW
S.S. C.O.
233.9 RIM
231.01 INV
(E) 6" PVC CEMETERY/AG
- IRRIGATION WATER LINE,

DO NOT DISTURB
(P) 6' PRIVACY

CHAINLINK FENCE
(PRIVATE)FH PER S.M.

STD. DTL. WA -31,
DTL. G, BELOW
(PRIVATE)^'772 S.F.

LID BASIN, 232.25 BOB
(P) REMOTE FDC, TO BE

SIZED PER FUTURE

BUILDING PLAN SUBMITTAL
ADA PARKING ",.6" CURB ONLY
r STALL, PER PER DTL. C,
CALTRANS A90A V BELOW
234.1' �I
233.7 yFS"
233.98 T�
233.6
233.93 TC
233.60 FL
(P)6" SEWER

LATERAL
1% (PRIVATE)

34.48 TC
234.15 FS
234.3 RIM
231.48 INV
234.49
FS 234.49
FS

DOWNSPOUT

TWO-WAY
S.S. C.O.
234.4 RIM
231.70 INV
I I
IIII ..

III-III -��I I I
234.48 TC
234.15 FS
234.61 TC
234.27 FS
234.57 TC
234.24 FS
tI -

DOWNSPOUT
S.S. C.O.
234.1 RIM
231.94 INV
234.30 TC
231.97 FS

23.15TC
233.82 FS

34.15 TC
23 .82 FS
(E) ABANDONED

COMMUNITY
#1 OIL WELL
234.48 TC
234.15 FS
6" CURB ONLY
PER DTL. C,
BELOW
4F`234.72 TC
234.319 FS

ZERO HEIGHT
CURB PER DTL.

D, BELOW
(E) BOUNDARY WALL

TO REMAIN/DO NOT DISTURB
26"
4" SLICK LINE WHERE
GRADE IS LESS THAN 1%
1 -CLASS 2 AGGREGATE BASE, 6" MIN.

DEPTH UNLESS OTHERWISE NOTED
_ I I I -III
-III -1 I I-
6" CURB AND GUTTER

93.3'

CEMETERY LAY DOWN AREA
3" TYPE A AC OVER
.17" CLASS II BASE

PHASE I I I
(FUTURE PHASE)
(E) 6' CHAINLINK

FENCE, TO BE

RECONFIGURED
(E) CEMETERY/AG

IRRIGATION WATER WELL
& STORAGE TANKS,

DO NOT DISTURB
- (P) 6' PRIVACY

CHAINLINK FENCE
232.19 FG

1. . F
(E)It TO BE REMOVED PER
SEPARATE DOC. BY OTHERS
(E) BOUNDARY WALL

TO REMAIN/DO NOT DISTURB
13"
-I I � I II � I I- I
NTS
(E) CEMETERY GROUNDS
APN 128-078-012

26.9'
233.62 TC
233.29 FL
4" ROLLED CURB
& GUTTER PER
DTL. A, THIS SHT.
232.17
FL
233.7
FG
234 05 FG
20 0
10 SANTA MARIA CEMETERY

PRELIMINARY GRADING PLAN

FUTURE MAINTENANCE BUILDING
for PD2022-0014
LEGEND

WATER LINE

PROJECT BOUNDARY

CENTERLINE

PROPERTY LINE
EXIST. CURB LINE

NEW CURB LINE

FUTURE CURB LINE

STORM DRAIN
EXIST. STORM DRAIN

EASEMENT LINE

EXIST SEWER MAIN
EXIST. WATER MAIN

BLOCK WALL
EXIST. BLOCK WALL
PROP. SLOPE AS NOTED
EXIST. CONTOURS

RESIDENTIAL LOT

NOT A PART
N
b
N
I

GRAPHIC SCALE
20 40

Y Y Y Y Y Y Y Y
FINISHED FLOOR ELEV.

EDGE OF PAVEMENT

TOP OF CURB

FINISHED GRADE

EXISTING GRADE

HIGH POINT

FLOW LINE

LOW POINT

FINISHED SURFACE

TOP OF GRATE

STORM DRAIN

STORM DRAIN MANHOLE
EXIST. S.D. MANHOLE

STREET LIGHT

EXIST STREET LIGHT

FUTURE STREET LIGHT

CATCH BASIN
- -200

00.00 E.P.

T.C.

F.G.

E.G. (XXX.XX)
H.P.

F.L.

L.P.

F.S.

T.O.G.

S.D.
0 o-►
oa

EARTHWORK QUANITIES
RAW CUT: 188 CY
RAW FILL: 1.455 CY
NET CUT: 1,267 CY
* THE ABOVE VOLUMES ARE PRELIMINARY. ACTUAL QUANTITIES WILL

VARY BASED ON FINAL DESIGN AND REQUIREMENTS TO COMPLETE THE PROJECT AS APPROVED.

BASIS OF BEARINGS

THE BASIS OF BEARINGS FOR THIS SURVEY IS THE EASTERLY LINE OF TRACT 5279 AND IS PER THE CALIF. COORD. SYSTEM FOR ZONE 5.

BENCHMARK
THE LOCAL BENCHMARK USED FOR THIS SURVEY IS A 2" IRON PIPE WITH 2-1/2" BRASS CAP STAMPED "S.B. CO. GPS CONTROL 1992 PLS 5470 STA. 1121" AND CENTER PUNCHED. THE STATION IS IN A STANDARD 12 INCH DIAMETER, CAST IRON MONUMENT WELL DOWN 0.2

FEET FROM ASPHALT ROAD SURFACE BETWEEN THE NORTHERLY EDGE

OF PAVEMENT AND THE TRAFFIC LANE PAINT STRIPE OF BETTERAVIA ROAD APPROXIMATELY 0.65 MILES EASTERLY OF NICHOLSON AVENUE.

THERE IS A WATER TRUCK FILLING STATION ON THE SOUTHERLY SIDE OF THE ROAD ELEVATION = 293.09 FEET, NAVD88
80 /(E) BOUNDARY WALL
/ DO NOT DISTURB
( IN FEET )
1 inch = 20 ft.
8" ADAPTOR
(FxCF)
8" PVC W.L.

II
8 S.F.
6" R.W.G.V.
6" ADAPTOR
(FxCF)
6" PVC W.L.
6" R.W.G.V.

DETAIL F
6" ADAPTOR
r (FxCF)
< _ 6" PVC
W.L.
8"x6"x6" TEE
NTS
SITE

VICINITY MAP
6" PVC W.L.

MECHANICAL JOINT
ADAPTER xF
6" PVC W.L.

F.H. W/ BREAK OFF

CHECK VALVE PER
CITY STD. DTL. WA -31
4 S.F.

DETAIL G
NTS
N.T.S.

SANTA MARIA CEMETERY

PRELIMINARY GRADING
PLAN for
PD2022- 0014
C-1
12/2/2022
b1 BETHEL
2624 Airpork Dr., Santo Maria,
California 93455 (805) 934-5767

CEMETERY MAINTENANCE YARD SECTION
N.T.S.

T„
m
. SM ALL
CHECK BY : TBM
DRAWN BY : RA
Project for:

SANTA
MARIA CE_vIETERY
SHEET TITLE:

MAINTENANCE
THESE ARE �CFS AND ME
TTE PROPERTY OF TOY B. YM OnC ! A SSOCIATES, Mc
DESIGNS � �
94 NOT OTHER ,,,M 1HEDF _

TEN OF TOY TI YE ASSOCIATES,
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NN `PFECE ""E CAE R SCAD ISIONS ON LED °'""Y� ON-
TRACTO RS944 1 VERIFY NO BE RESPONSIBLE FOR ALL

A RCHITECTURE
2624 A IR PA RK DRIVE
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1600 Block South College Drive
Santa Maria, Calif. . 613454

F LOOR PLAN
D.oR9«6 APO commis ON ME JOB, APO MISSA NTA
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CONDO MS
M ARIA, CA 934 55
PH ONE (605) 934 -5 737
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TYP.
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2 -771-11— I II II I

I II II I

EAST ELEVATION
SCALE: 3/16" =
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+IS' -0" EAVE HT.
+0'-0"

FINISH FLOOR

NORTH ELEVATION SOUTH ELEVATION
SCALE: 3/16" = I'-0" SCALE: 3/16" = 1'-0"

WEST ELEVATION
3 TYP.
+19'-5" RIDGE HT. a
+18'-0" EAVE HT.
+10'-4" RIDGE NT.
+0'-0"

FINISH FLOOR
+I8'-0" RIDGE HT. a
+18'-0' EAVE HT.
+0'-0"

FINISH FLOOR
REFERENCE KEY NOTES:

STEEL GUTTER DOWNSPOUT - COLOR: PAINT TO MATCH WALL

2. STEEL R -PANEL - WALL COLOR: REGAL WHITE, ROOF COLOR: EVERGREEN

3. ROLL -UP DOOR - COLOR: TO MATCH WALL

4. FLUSH METAL DOOR

5. ALUMINUM SLIDING WINDOW - COLOR: DARK BRONZE

6. RIDGE VENT - COLOR: TO MATCH ROOF
�v
SCALE: 3/16" = I'-0"
+10'-4" RIDGE HT. e
+0-0"

FINISH FLOOR

REVISIONS
BY
;ociates
ECTURE I N C.
" ,rig, 1
"11 "M
!lidgII,hi:
d:he:11,5,
1,,,,,v.
himilh,
1 SHEET TITLE:

MAINTENANCE

BUILDING

ELEVATIONS
Project for:

SANTA MARIA CEMETERY
To be located at:
1600 Block South College Drive
Santa Maria, Calif. . '13454
ENO: 20.121
DRAWN BY : RA
CHECK BY : TBM
DATE : Nov I7, 22
SHEET :

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PLANTING LEGEND:

QUANTITY TYPE
SYMBOL
3 2
27 29
6 23
17 32

LOPHOTEMON CONFERTUS
'BRISBANE BOX' 15 GAL.

PISTACIA CI4INENSI5
'CHINESE PISTACHE' 15 GAL.

MORELLAT CALIFORNICA
'CALIFORNIA WAX MYRTLE' 15 GAL.

PITTOSPORUM TENUIFOLIUM
'SILVER SHEEN' 5 GAL.

COLEONEMA PULCHRUM
'SUNSET GOLD' 5 GAL.

RHAPHIOLEPIS INDICA
'BALLERINA' 5 GAL.

COLEONEMA PULCHRUM
'COMPACTA' 5 GAL.

ARCTOSTAPHYLOS
'EMERALD CARPET' I GAL.

INDICATES 2" MIN. REDWOOD

BARK MULCH

CONCEPTUAL

LANDSCAPE PLAN
SCALE: I" = 10'
{
a
{
a
•
+
a

REVISIONS
BY
-j torn a. man:IneZ
D & associates
ARCHITECTURE I N C. It.I
2624 AIR PARK DRIVE "�
SANTA MARIA, CA 93455
PHONE (805) 934-5737
FAX (805) 934-4916
w!iMililid
ifilhilrdi
SHEET TITLE :

CONCEPTUAL

LANDSCAPE PLAN
Project for:

SANTA MARIA CEMETERY
To be located at:
1600 Block South College Drive
Santa Maria, Calif. . 613454
JOB NO : 20.121
DRAWN BY : RA
CHECK BY : TBM
DATE : libe 28 71
SHEET :

L- I .0

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF SANTA MARIA, CALIFORNIA, TO ADOPT A MITIGATED

NEGATIVE DECLARATION FOR THE GENERAL PLAN LAND

USE MAP AMENDMENT, ZONE CHANGE, AND PLANNED

DEVELOPMENT PERMIT FOR SANTA MARIA CEMETERY
DISTRICT EXPANSION, LOCATED AT THE 600 BLOCK OF EAST

NEWLOVE DRIVE
WHEREAS, the applicant, the Santa Maria Cemetery District, initiated a General Plan Land Use amendment and zone change (GPZ2021-0003) to amend the General Plan Land Use Map and Zoning Map on 0.87 acres of property at the 600 Block of East Newlove Drive; and a Planned Development Permit (PD2022-0014), is on file to construct a 2,550 -square -foot prefabricated storage building with attached 544 -square foot office and break room, with a 15,900 -square -foot gravel base storage area and associated site improvements, herein referred to as the "Project"; and WHEREAS, the provisions of the California Environmental Quality Act of 1970 (CEQA), Public Resources Code Sections 21000 et. seq., as amended, require the evaluation of environmental impacts of said projects; and WHEREAS, an Initial Study/Mitigated Negative Declaration (Attachment B of the City Council Agenda Report for November 7, 2023, herein incorporated by reference) was prepared for said Project; the required notices were published and the Mitigated Negative Declaration was circulated for public review, sent to every responsible agency with jurisdiction over the project, and placed in a public location; and WHEREAS, the Planning Commission of the City of Santa Maria held a regularly scheduled public hearing on July 19, 2023, for the purpose of receiving evidence and considering the Initial Study and Mitigated Negative Declaration and the proposed Project; and
WHEREAS, after considering all evidence, the Planning Commission, in Resolution No. 2820, recommended to the City Council the adoption of a Mitigated Negative Declaration for the Project; and
WHEREAS, notices of said public hearing were made at the time and in the manner required by law; and
WHEREAS, the City Council has reviewed and considered the Initial Study/Mitigated Negative Declaration (Attachment B of the City of Santa Maria Council Agenda Report dated November 7, 2023), incorporated herein by reference for the Project; and
WHEREAS, there is no substantial evidence in the whole record before the City Council supporting a fair argument that the project as described in the Initial

Study/Mitigated Negative Declaration will have a significant effect on the environment; and
WHEREAS, at the completion of the public hearing, the City Council duly considered all evidence presented at said hearing; and
WHEREAS, the Initial Study/Mitigated Negative Declaration and Mitigation Monitoring Program reflects the City Council's independent judgment and analysis.

NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:

1. The above recitals are true and correct and incorporated herein by reference.

2. The City Council adopts the Mitigated Negative Declaration (Attachment B of the City of Santa Maria Council Agenda Report dated November 7, 2023, incorporated herein by reference) for the General Plan Land Use Map Amendment, Zone Change, and Planned Development Permit for the Santa Maria Cemetery District Expansion, located at the 600 Block of East Newlove Drive; and

3. The City Council adopts the Mitigation Monitoring Program (Attachment C of the City of Santa Maria Council Agenda Report dated November 7, 2023, incorporated herein by reference) for the General Plan Land Use Map Amendment, Zone Change, and Planned Development Permit for the Santa Maria Cemetery District Expansion, located at the 600 Block of East Newlove Drive; and

4. The records of these proceedings are located in the Planning Division of the City of Santa Maria, 110 South Pine Street #101, Santa Maria, California 93458; and

5. The Chief Deputy City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Assistant City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria, California, held this 7th day of November 2023.

ATTEST:

Mayor
Assistant City Clerk
2 APPROVED AS TO FORM:

City Attorney
APPROVED AS TO CONTENT:

Department Director
Interim City Manager
3 RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF SANTA MARIA, CALIFORNIA, AMENDING THE GENERAL
PLAN LAND USE POLICY MAP FOR APPROXIMATELY 0.87
ACRES FROM MDR -12 (MEDIUM DENSITY RESIDENTIAL) TO CF
(COMMUNITY FACILITIES) FOR THE SANTA MARIA CEMETERY
DISTRICT EXPANSION, LOCATED AT THE 600 BLOCK OF EAST

NEWLOVE DRIVE
WHEREAS, the applicant, the Santa Maria Cemetery District, initiated a General Plan Land Use amendment and zone change (GPZ2021-0003) to amend the General Plan Land Use Map and Zoning Map on 0.87 acres of property at the 600 Block of East Newlove Drive; and a Planned Development Permit (PD2022-0014), is on file to construct a 2,550 -square -foot prefabricated storage building with attached 544 -square foot office and break room, with a 15,900 -square -foot gravel base storage area and associated site improvements, herein referred to as the Project; and WHEREAS, on July 19, 2023, with a 3-0-2-0 vote, the Planning Commission recommended the City Council authorize the filing of a Mitigated Negative Declaration for the Santa Maria Cemetery District Expansion Project, in accordance with the California Environmental Quality Act of 1970 (CEQA), Public Resources Code Section 21000 et. seq., as amended; and
WHEREAS, on July 19, 2023, with a 3-0-2-0 vote, the Planning Commission made its recommendation in writing that the City Council amend the Official Zoning Map of the City of Santa Maria for the Project site (Resolution No. 2821); and WHEREAS, a duly noticed public hearing was held on this amendment to the General Plan Land Use Policy Map by the City Council on November 7, 2023; and WHEREAS, the City Council made no substantial modification of the proposed amendment to the General Plan Land Use Policy Map which had not been previously considered by the Planning Commission; and
WHEREAS, the City Council considered all written and oral testimony; and WHEREAS, the City Council considered and relied on the Planning Commission's recommendations to adopt a Mitigated Negative Declaration for the Project, in making its decision on the amendment to the Land Use Policy Map of the City's General Plan.

NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:
///
///

1. The above recitals are true and correct and incorporated herein by reference.

2. The City Council finds that:
(a) The proposed project is consistent with applicable goals and policies of the adopted General Plan, including the Housing Element. The proposed project is not located on a housing site identified in the inventory of sites contained within the Housing Element. In addition, the remaining sites identified in the City's Housing element are adequate to accommodate the City's remaining unmet regional housing need allocation. Also, the proposed Cemetery District Expansion and maintenance building will benefit the City by allowing the Santa Maria Cemetery District to continue to provide burial services and plots which will serve new and existing development (OBJECTIVE L.U.2d); and (b) The proposed project would not significantly disrupt any of the various land uses in the vicinity because the Project will establish a public facility use compatible with the same public use and residential intensity and land use pattern in the area, which is consistent with POLICY L.U.6a, to resolve conflicts between existing and proposed land uses, particularly residential and industrial uses, and prevent such conflicts in the future; and
(c) The proposed project is afforded the appropriate services and facilities in that all infrastructure is currently available to serve the project site because the project vicinity has been previously developed with infrastructure to accommodate commercial, residential, and public facilities projects of a similar size. If deficiencies in services and facilities are identified during the review of future proposed Planned Developments, infrastructure improvements to accommodate the proposals shall be required. The Project will be consistent with POLICY L.U.2 and OBJECTIVE L.U.2a. which is intended to ensure that all urban services and infrastructure are planned and provided for in a timely manner and sufficient land is reserved, and that the Land Use Element is maintained so that the pattern of residential densities can be served by public facilities of the community. The project is a public facility regulated by the State of California and will be less intensive on facilities and services than a residential project in the MDR -12 (Medium Density Residential) land use would be.

3. The City Council of the City of Santa Maria approves an amendment to the General Plan Land Use Policy Map for 0.87 acres FROM MDR (Medium Density Residential) TO CF (Community Facilities) as shown on Attachment D of the Council Agenda Report dated November 7, 2023, incorporated herein by reference.

4. The Director of Community Development, or designee, is hereby authorized and directed to make corresponding changes to the Land Use Policy Map of the General Plan in conformity with this Resolution.

5. The Chief Deputy City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria, California, held this 71h day of November 2023.

ATTEST:

Assistant City Clerk
Mayor
APPROVED AS TO FORM:

City Attorney
APPROVED AS TO CONTENT:

Department Director
Interim City Manager

ORDINANCE NO. 2023 -

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MARIA,

CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP FOR THE GENERAL PLAN LAND USE POLICY MAP AND ZONING MAP FOR APPROXIMATELY 0.87 -ACRES LOCATED AT THE 600 BLOCK OF EAST NEWLOVE DRIVE FROM PD/R-2 (PLANNED DEVELOPMENT/MEDIUM DENSITY RESIDENTIAL) TO PD/PF (PLANNED DEVELOPMENT/PUBLIC FACILITIES)
WHEREAS, the applicant, the Santa Maria Cemetery District, initiated a General Plan Land Use amendment and zone change (GPZ2021-0003) to amend the General Plan Land Use Map and Zoning Map on 0.87 -acres of property at the 600 Block of East Newlove Drive; and a Planned Development Permit (PD2022-0014), is on file to construct a 2,550 -square -foot prefabricated storage building with attached 544 -square foot office and break room, with a 15,900 -square -foot gravel base storage area and associated site improvements, herein referred to as the Project; and
WHEREAS, on July 19, 2023, with a 3-0-2-0 vote, the Planning Commission recommended the City Council authorize the filing of a Mitigated Negative Declaration for the Santa Maria Cemetery District Expansion Project, in accordance with the California Environmental Quality Act of 1970 (CEQA), Public Resources Code Section 21000 et. seq., as amended; and
WHEREAS, on July 19, 2023, with a 3-0-2-0 vote, the Planning Commission made its recommendation in writing that the City Council amend the Official Zoning Map of the City of Santa Maria for the Project site (Resolution No. 2821); and WHEREAS, a duly noticed public hearing was held on this amendment to the General Plan Land Use Policy Map by the City Council on November 7, 2023; and WHEREAS, the City Council made no substantial modification of the proposed amendment to the General Plan Land Use Policy Map which had not been previously considered by the Planning Commission; and
WHEREAS, the City Council considered all written and oral testimony; and WHEREAS, the City Council considered and relied on the Planning Commission's recommendations to adopt a Mitigated Negative Declaration for the Project, in making its decision on the amendment to the Land Use Policy Map of the City's General Plan.

NOW, THEREFORE, IT IS HEREBY ORDAINED by the City Council of the City of Santa Maria, State of California, as follows:

SECTION 1. The above recitals are true and correct and incorporated herein by reference.

SECTION 2. An amendment to the Official Zoning Map of the City of Santa Maria is hereby approved for 0.87 -acres FROM PD/R-2 (Planned Development/Medium Density Residential) zone district TO PD/PF (Planned Development/Public Facilities) for the Santa Maria Cemetery District Expansion project as shown on Attachment C of the Council Agenda Report dated November 7, 2023, incorporated herein by reference.

SECTION 3. The Director of Community Development, or designee, is hereby authorized and directed to make corresponding changes on the Land Use Policy Map of the General Plan in conformity with this Ordinance.

SECTION 4. The City Council finds that the proposal is in accordance with the provisions of the General Plan of the City, that the proposed modifications are required for the public necessity, convenience, and general welfare, and that in the case of the zone change, the area is afforded the services and facilities appropriate for the zone proposed.

SECTION 5. The Assistant City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Assistant City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.

SECTION 6. This Ordinance shall be in full force and effect thirty (30) days after its passage. Within fifteen days following its passage, the City Clerk shall cause this Ordinance to be published in a newspaper of general circulation in accordance with State Law; or when deemed necessary due to the length or complexity of the Ordinance, cause a summary of the Ordinance to be prepared and published at least five days prior to the City Council meeting at which the proposed Ordinance is to be adopted. If a summary is published at least five days prior to the City Council meeting at which the proposed Ordinance is to be adopted, then within 15 days after adoption of the Ordinance the City Clerk shall publish a summary of the Ordinance with the names of those City Council Members voting for and against the Ordinance and shall post a certified copy of the full text of such adopted Ordinance along with the names of those City Council Members voting for and against the Ordinance.

INTRODUCED at a regular meeting of the City Council held on the 71h day of November 2023.

Mayor
2 ATTEST:

Assistant City Clerk
APPROVED AS TO FORM:

City Attorney
APPROVED AS TO CONTENT:

Department Director
Interim City Manager
3 RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA

MARIA, CALIFORNIA, APPROVING A PLANNED DEVELOPMENT
PERMIT PD2021-0014 FOR THE SANTA MARIA CEMETERY
DISTRICT EXPANSION, LOCATED AT THE 600 BLOCK OF EAST

NEWLOVE DRIVE
WHEREAS, the applicant, the Santa Maria Cemetery District, has applied for a Planned Development Permit (PD2022-0014) to construct a 2,550 -square -foot prefabricated storage building with attached 544 -square -foot office and break room, with a 15,900 -square -foot gravel base storage area and associated site improvements on a

0.87 -acre site, herein referred to as the Project; and WHEREAS, the Planning Commission of the City of Santa Maria held a public meeting on July 19, 2023, to review the Planned Development Permit; and WHEREAS, on July 19, 2023, with a 3-0-2-0 vote, the Planning Commission made its recommendation by motion that the City Council approve the proposed Planned Development permit as conditioned; and
WHEREAS, a duly noticed public hearing was held on the Planned Development Permit by the Santa Maria City Council on November 7, 2023; and WHEREAS, the Santa Maria City Council made no modification of the proposed Planned Development Permit which had been previously considered by the Planning Commission; and
WHEREAS, the City Council considered and relied on the Planning Commission's recommendations to adopt a Mitigated Negative Declaration for the Santa Maria Cemetery District Expansion project, in making its decision on the proposed project; and WHEREAS, the City Council of the City of Santa Maria has reviewed the Cemetery District Planned Development Permit project in accordance with the application submitted and hereby makes the required findings in accordance with Section 12-35.203 of the Municipal Code, including the following:

A. That the project meets the vision, intent, and requirements of the General Plan.

The new maintenance equipment storage building at the cemetery supports a necessary public service for the City of Santa Maria as it grows and develops, consistent with Land Use Element Goal L.U.2, to provide all necessary urban services and facilities for present and future City residents.

B. That the site for the proposed use is adequate in size and topography to accommodate said use, and all yards, spaces, walls and fences, parking, loading, and landscaping are adequate to properly adapt such use with the land and uses in the vicinity. The 0.87 -acre site is adequately sized to accommodate the 3,094 - square -foot prefabricated maintenance building and office which would be ancillary to the adjacent Santa Maria Cemetery District. The project's parking, loading, and

landscaping is adequate to properly adapt the proposed uses with public facility uses to the east and will be compatible with the existing residential development in the vicinity.

C. That the site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use. The project site is landlocked but is accessed by a local residential road, Newlove Drive, and two secondary arterial roads, College Drive and Battles Road. These roadways are adequately designed to accommodate the quantity and kind of traffic generated by the proposed project, which is limited to between 52 to 135 employee trips per day. The project is not anticipated to generate additional traffic.

D. That the proposed use will have no adverse effect upon abutting property because the project will not generate additional light, and any noise -creating work will be restricted to normal business hours. Bay doors are oriented away from the residences to the west, and while no new sources of noise are proposed, the project is subject to the City's Commercial performance standards related to noise, light, and vibrations.

E. That the establishment, maintenance, and/or conducting of the use for which the planned development review is sought will not, under the circumstances of the particular case, be detrimental to the health, safety, morals, or welfare of persons residing or working in the neighborhood of such use and will not, under the circumstances of the particular case, be detrimental to the public welfare, injurious to property or improvements in the neighborhood; nor shall the use be inconsistent with the character of the neighborhood or contrary to its orderly development. The proposed building and use therein is ancillary to the existing and expanding Santa Maria Cemetery District. The conditions of approval for the cemetery, as well as project -specific conditions of approval for the installation of landscaping, stormwater facilities, and other improvements, ensure that the project will be compatible with the uses, character, and improvements in the neighborhood.

F. That the conditions stated in the decision are necessary to protect the public health, safety, and general welfare.

G. The proposed modification(s) are otherwise consistent with the General Plan, Municipal Code, and applicable Specific Plans; no modifications are proposed.

H. The project includes superior design elements that mitigate or compensate for any potential impact of the proposed modification(s) on the surrounding area; no modifications are proposed.

The proposed modification(s) are essential to the design of the project; no modifications are proposed.

J. The proposed modification(s) have been minimized to the maximum extent possible consistent with Subsections (a) through (c) of Section 12-35.203 of the Municipal Code. No modifications are proposed.

K. Environmental Review for this project was completed through the preparation of an Initial Study/Mitigated Negative Declaration (SCH # 2023040484) pursuant to the California Environmental Quality Act State Guidelines. No further environmental review is required.

NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:

1. The above recitals are true and correct and incorporated herein by reference.

2. The Planned Development Permit as depicted on the Planned Development Plan Set and subject to the Planned Development Permit Conditions, which are each attached to the November 7, 2023, City Council Agenda Report, incorporated herein by reference, is hereby approved subject to approval of the General Plan Amendment and Rezone for the Santa Maria Cemetery District Expansion (GPZ2021- 0003).

3. The Chief Deputy City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria, California, held this 71h day of November 2023.

ATTEST:

Assistant City Clerk
Mayor
APPROVED AS TO FORM:

City Attorney
APPROVED AS TO CONTENT:

Department Director
Interim City Manager

FOR THE COUNCIL MEETING OF NOVEMBER 7, 2023

COUNCIL AGENDA REPORT
TO: City Council
FROM: Interim City Manager Alex Posada
Prepared by: Director of Public Works Brett Fulgoni
SUBJECT: Solar Power Award of Contract
Description:

The City Council will consider approving agreements with ForeFront Power for the construction of Solar Photovoltaic Systems to eight City real property sites. The City of Santa Maria was able to secure ForeFront Power through School Project for Utility Rate Reduction, a joint power authority, which offers the Renewable Energy Aggregated Procurement Program, for which the City is an eligible entity.

Environmental Notice: Public Resources Code, section 21080.35 (added by Stats.2011, c. 469 (S.B.226), § 3), statutorily exempts from CEQA evaluation the installation of a solar energy system, including associated equipment, on the roof of an existing building or at an existing parking lot.

RECOMMENDATION:

Adopt a Resolution entering into Power Purchase Agreements and related contract documents with ForeFront Power for facilities at the City's real property sites.

BACKGROUND:

The City owns, operates, and maintains municipal infrastructure, structures, and facilities throughout the City. The proposed Department of Public Works Solar Power Project encompasses the construction of Solar Photovoltaic (PV) Systems at the following locations: City Well Number 12, Waste Water Treatment Plant, Civic Center, Police Department, Transit Yard, Paul Nelson Aquatic Center, James Hagerman Sports Center, and Minami Park.

The proposed project will include a total capacity of 4,417 kW of solar generation across the eight project sites, resulting in a 54 percent total energy offset. This will provide an estimated $139,679 in first -year utility bill savings, and over $12 million over the life of the 20 -year agreement. Additionally, ForeFront Power typically hires 50 percent local contractors for their construction projects and has previously demonstrated this with many recent projects throughout the State. Finally, this agreement includes a commitment to hire at least 30 percent of all construction hours from targeted workers in disadvantaged communities within the City of Santa Maria.

The School Project for Utility Rate Reduction (SPURR), a joint powers authority, offers the Renewable Energy Aggregated Procurement (REAP) Program, an aggregated solar procurement program that leverages the collective purchasing power of SPURR's large membership to secure transparent, pre -negotiated solar project pricing and terms to be made available to SPURR members and other eligible entities. The City of Santa Maria, as an eligible entity, has the opportunity to piggyback on SPURR's competitively bid Request for Proposal (RFP) to procure solar energy. The City has worked with ForeFront Power, which was awarded the REAP Program's Master Contract, to propose Power Purchase Agreement (PPA) rates for the City facilities. Included in the PPA rate calculations are all costs to design, finance, construct, implement, operate, and maintain the Solar PV Systems at the City facilities. Since all costs are built into the PPA rates, there are no upfront costs to the City. The PPA includes a 0 percent escalator, so rates will remain the same for the entire 20 years of the agreement. The total savings to the City for the duration of the agreement is estimated at over $12 million. The proposal also includes system operations and maintenance for the life of the agreement to support an annual performance guarantee of 95 percent.

DISCUSSION:

The Department of Public Works has been exploring opportunities to offset energy costs through alternative energy sources and efficiencies. The department has researched and reviewed SPURR, a California -based joint powers authority of over 200 public agencies, which operates a variety of cooperative procurement programs that include electricity, renewable energy, and storage as well as energy demand response.

REAP Program and the RFP Process
On July 19, 2017, SPURR issued an RFP seeking responsive proposals for solar energy services. In addition to announcing the RFP online and in newspapers of general circulation, SPURR emailed the RFP to over 70 vendors and industry consultants statewide.

SPURR received eight responses to the RFP and evaluated all responses which complied with the terms of the RFP, using criteria set forth in the RFP. SPURR used best value criteria, including, but not limited to, quality of the submitted proposals, proposed pricing (the most heavily weighted criteria), services design and features, vendor's experience with similar projects, team member qualifications, capability to provide quality, ongoing service to a potentially large pool of REAP Program participants over several years, financial strength, and references.

SPURR awarded the bid to ForeFront Power, a wholly -owned subsidiary of Mitsui & Co.

The pricing and terms accepted by SPURR have been confirmed in the REAP Master Contract (RMC) dated October 26, 2017. An Amended and Restated RMC dated September 15, 2019, replaced the previous RMC, resulted in even lower available pricing for public agencies, and remains in effect.

The RMC is available for use as a cooperative procurement vehicle by public agencies that wish to streamline the procurement process, take advantage of excellent pricing 2 achieved through a highly competitive statewide solicitation, and enter into a fully vetted contract with favorable project terms and conditions that result in reduced project risk.

The REAP Program is a safe and proven procurement vehicle that has already been vetted and used by 38 public agencies across the State.

Utilizing the REAP Program will result in significant cost savings to the City over the life of the project and include favorable contract terms and conditions such as an annual performance guarantee, a fixed 20 -year PPA rate, lifetime system operations and maintenance, City ownership of all project environmental attributes, and no up -front costs to the City. We believe the pricing and terms secured through the REAP Program are the best available in the marketplace and will allow the City to save time and money by not having to duplicate efforts and benefit from a large-scale buying power.

As such, the Department concluded in concurrence with the Purchasing Guidelines set forth by the City that the REAP Program is an advantageous and viable procurement option for the proposed Solar Project.

The City did receive an additional proposal from ENGIE Services U.S. City staff carefully provided each vendor the same information and tours of City Facilities. Both SPURR/Forefront and ENGIE provided a proposal with the exact same project locations.

The aggregated PPA rate ENGIE provided in their proposal was $.1868/KWH, SPURR Forefront was $.1461 /KW H with a settled rate of $.1508/KWH.

City Solar Power Project Location Overview
The proposed Solar Power Project includes the construction of Solar PV Systems at the following locations:

City Well #12
3217 Terminal Dr., Santa Maria, CA 93455
Civic Center
110 E. Cook Street, Santa Maria, CA 93454
Waste Water Treatment Plant (WWTP)
601 Black Road, Santa Maria, CA 93458
Police Department (PD)
1111 Betteravia Road, Santa Maria, CA 93455
Transit Yard
1303 Fairway Drive, Santa Maria, CA 93455
Paul Nelson Aquatics Center (PNAC)
600 S. McClelland Street, Santa Maria, CA 93454
James Hagerman Sports Center (JHSC)
3300 Skyway Drive, Santa Maria, CA 93455
Minami Park
602 W. Enos Drive, Santa Maria, CA 93455
PPA Rates
Included in the rate calculations are all costs to finance, design, construct, implement, operate, and maintain the Solar PV Systems. Since all costs are built into the PPA rates, there are no upfront costs to the City. Therefore, the City will be able to achieve savings in the first year of operation. The PPA includes a 0 percent escalator, so rates will remain the same for the entire 20 years of the agreement, while PG&E rates are most certainly expected to continue to rise.

Under the recommended ESA -Solar, ForeFront Power would provide electrical energy to City locations with the site specific PPA rates and energy offsets, which are shown below:
3 Location
PPA
Rate
Solar
System
Size (kW)
Y1
Production
(kWh)
%
Energy
Offset
Pre -Solar
Utility Bill
Year 1
Savings
Year 20
Savings
City Well
$0.1199
1,077
2,279,124
27%
$1,750,119
$15,047
$1,863,445
Civic
Center
$0.1693
934
1,574,257
78%
$478,017
$15,126
$3,180,986
WWTP
$0.1399
923
1,929,531
95%
$398,367
$4,483
$2,479,020
PD
$0.1660
541
872,149
89%
$216,307
($3,974)
$1,296,750
Transit
Yard
$0.1553
447
782,415
83%
$235,846
$9,209
$1,486,377
PNAC
$0.1922
205
343,818
98%
$89,021
$11,597
$945,814
JHSC
$0.2013
172
298,657
100%
$99,401
$21,476
$979,863
Minami
$0.2550
98 159,708
99%
$52,232
$3,732
$381,851
Total
$0.1508
4,417
8,239,659
54%
$3,319,310
$76,696
$12,614,106
Performance Guarantee
As a result of a 95 percent performance guarantee, ForeFront Power will remain motivated to ensure the proper functioning of the system. To avoid owing the City a credit under this guarantee, they will test or arrange for meter inspection and testing bi-annually when performing system operations and maintenance.

Alternative(s)
City Council could decide to not enter into Power Purchase Agreements and related contract documents with ForeFront Power for facilities at the City's real property sites and issue a Request for Proposal independently.

Fiscal Considerations
All impacts and cost savings will be realized by the General Fund. This project will result in energy cost savings at the eight City facilities, with a year -one savings anticipated to be $76,696, and a total 20 -year savings estimated to be approximately $12,614,106.

There are no up -front costs to be paid; all design, construction, and operational costs are incorporated into the negotiated PPA rates. Each project is separately approved and budgeted by the City Council. The City is under no obligation to expend any funds under the Power Purchase Agreements.

Additionally, this agreement takes advantage of the Net Energy Metering (NEM) 2.0 versus NEM 3.0 pricing. Offering a substantial 20 -year pricing advantage versus NEM

3.0. The City, after preliminary selecting a vendor, submitted applications for these projects securing our NEM 2.0 status. Should we forfeit these projects, we will lose the NEM 2.0 status. NEM 2.0 allows the City to receive credits for power at a near -retail price.

NEM 3.0 pricing is a 10 -year status and near wholesale pricing.

Impact to the Community
City residents and community members will benefit from clean energy provided by solar power.

Other Agency Review
4 No other agency review is necessary or anticipated.

ATTACHMENTS
A. Agreement_SPURR REAP ESA General Conditions
B. REAP Participant List
C. City Well_Solar Special Conditions
D. Civic Center_Solar Special Conditions
E. WWTP_Solar Special Conditions
F. Police Department_Solar Special Conditions
G. Transit Yard_Solar Special Conditions
H. PNAC_Solar Special Conditions
I. JHSC_Solar Special Conditions
J. Minami Park_Solar Special Conditions
5 Attachment A
***

GENERAL TERMS AND CONDITIONS OF

ENERGY SERVICES AGREEMENT
These General Terms and Conditions ofEnergy Services Agreement are dated as of the day of , 2023 and are witnessed and acknowledged by FFPBTM SOLAR, LLC, a Delaware limited liability company (`ForeFront Power') and City of Santa Maria ("Purchaser') as evidenced by their signature on the last page of this document.

These General Terms and Conditions are intended to be incorporated by reference into Energy Services Agreements that may be entered into between ForeFront Power and Purchaser or between their respective Affiliates. These General Terms and Conditions shall have no binding effect upon ForeFront Power or Purchaser, respectively, except to the extent Purchaser or ForeFront Power (or an Affiliate thereof becomes a party to an Energy Services Agreement that incorporates these General Terms and Conditions.

1. DEFINITIONS.

1.1 In addition to other terms specifically defined elsewhere in this Agreement, where capitalized, the following words and phrases shall be defined as follows:
"Affiliate" means, with respect to any specified Person, any other Person directly or indirectly controlling, controlled by or under common control with such specified Person.
"Agreement" means, the Energy Services Agreement.
"Applicable Law" means, with respect to any Person, any constitutional provision, law, statute, rule, regulation, ordinance, treaty, order, decree, judgment, decision, certificate, holding, injunction, registration, license, franchise, permit, authorization, guideline, Governmental Approval, consent or requirement of any Governmental Authority having jurisdiction over such Person or its property, enforceable at law or in equity, including the interpretation and administration thereof by such Governmental Authority.
"Assignment" has the meaning set forth in Section 13.1. "Bankruptcy Event" means with respect to a Party, that either (i) such Party has (A) applied for or consented to the appointment of, or the taking of possession by, a receiver, custodian, trustee or liquidator of itself or of all or a substantial part of its property; (B) admitted in writing its inability, or be generally unable, to pay its debts as such debts become due; (C) made a general assignment for the benefit of its creditors; (D) commenced a voluntary case under any bankruptcy law; (E) filed a petition seeking to take advantage of any other law relating to bankruptcy, insolvency, reorganization, winding up, or composition or readjustment of debts; (F) taken any corporate or other action for the purpose of effecting any of the foregoing; or (ii) has a petition in bankruptcy filed against it, and such petition is not dismissed within ninety (90) days after the filing thereof. "Business Day" means any day other than Saturday, Sunday or any other day on which banking institutions in New York, NY are required or authorized by Applicable Law to be closed for business.

GENERAL CONDMONS (JUNE 2018)

"Commercial Operation" has the meaning set forth in Section 3.3(b). "Commercial Operation Date" has the meaning set forth in Section 3.3(b). "Confidential Information" has the meaning set forth in Section 15.1. "Covenants. Conditions and Restrictions" or "CCR" means those requirements or limitations related to the Premises as may be set forth in a lease, if applicable, or by any association or other organization, having the authority to impose restrictions.
"Delay Liquidated Damages" means the daily payment of (i) $0.250/day/kW (DC) of the estimated nameplate capacity of the System (as set forth in Schedule 1 of the Special Conditions). "Disruption Period" has the meaning set forth in Section 4.3. "Early Termination Date" means any date on which this Agreement terminates other than by reason of expiration of the then applicable Term.
"Early Termination Fee" means the fee payable by Purchaserto Provider under the circumstances described m Section

2.2, Section 2.3 or Section 11.2.
"Effective Date" has the meaning set forth in the preamble to the Special Conditions. "Energy Services" has the meaning set forth in the Special Conditions. "Energy Services Agreement" means each Energy Services Agreement (including the Schedules attached thereto)that may be entered into between ForeFront Power and Purchaser or between their respective Affiliates that incorporates these General Terms and Conditions by reference.
"Energy Services Payment" has the meaning set forth in the Special Conditions. "Environmental Attributes" shall mean, without limitation, carbon trading credits, renewable energy credits or certificates, emissions reduction credits, emissions allowances, green tags, tradable renewable credits, or Green -e® products.
"Environmental Documents" has the meaning set forth in Section 7.2(0. "Environmental Law" means any and all federal, state, local, provincial and foreign, civil and criminal laws, statutes, ordinances, orders, common law, codes, rules, regulations, judgments, decrees, injunctions relating to the protection of health and the environment, worker health and safety, and/or governing the handling, use, generation, treatment, storage, transportation, disposal, manufacture, distribution, formulation, packaging, labeling, or release to the environment of or exposure to Hazardous Materials, including any such requirements implemented through Governmental Approvals.
"Estimated Remaining Payments" means as of any date, the estimated remaining Energy Services Payments to be made through the end of the then -applicable Term, as reasonably determined by Provider. "Expiration Date" means the date on which this Agreement terminates by reason of expiration of the Term. "Fair Market Value" means, with respect to any tangible asset or service, the price that would be negotiated in an arm's -length, free market transaction, for cash, between an informed, willing seller and an informed, willing buyer, neither of whom is under compulsion to complete the transaction. Fair Market Value of the System will be determine d pursuant to Section 2.4.

"Financing Party" means, as applicable (i) any Person (or its agent) from whom Provider (or an Affiliate of Provider) leases the System, (ii) any Person (or its agent) who has made or will make a loan to or otherwise provides financing to Provider (or an Affiliate of Provider) with respect to the System, or (iii) any Person acquiring a direct or indirect interest in Provider or in Provider's interest in this Agreement or the System as a tax credit investor. "Force Majeure Event" has the meaning set forth in Section 10.1. "ForeFront Power" has the meaning set forth in the Preamble. "General Terms and Conditions" means these General Terms and Conditions of the Energy Services Agreement, including all Exhibits hereto.
"Guaranteed Commercial Operation Date" has the meaning set forth in Section 5 of the Special Conditions, subject to extension as set forth in Section 2.2(b).
"Guaranteed Construction Start Date" has the meaning set forth in Section 5 of the Special Conditions, subject to extension as set forth in Section 2.2(b).
"Governmental Approval" means any approval, consent, franchise, permit, certificate, resolution, concession, license, or authorization issued by or on behalf of any applicable Governmental Authority, including any such approval, consent, order or binding agreements with or involving a governmental authority under Environmental Laws . "Governmental Authority" means any federal, state, regional, county, town, city, or municipal government, whether domestic or foreign, or any department, agency, bureau, or other administrative, regulatory or judicial body of any such govemment.
"Hazardous Materials" means any hazardous or toxic material, substance or waste, including petroleum, petroleum hydrocarbons or petroleum products, and any other chemicals, materials, substances or wastes in any amount or concentration which are regulated under or for which liability can be Unposed under any Environmental Law. "Initial Term" has the meaning set forth in Section 2 of the Special Conditions. "Installation Work" means the construction and installation of the System and the start-up, testing and acceptance (but not the operation and maintenance) thereof, all performed by or for Provider (by using one or more qualified contractors holding the appropriate licenses required in the jurisdiction where the System will be installed) at the Premises.
"Invoice Date" has the meaning set forth in Section 6.2. "Liens" has the meaning set forth in Section 7.1(d).
"Local Electric Utility" means the local electric distnbution owner and operator providing electric distnbution and interconnection services to Purchaser at the Premises.
"Losses"means all losses, liabilities, claims, demands, suits, causes of action, judgments, awards, damages, cleanup and remedial obligations, interest, fines, fees, penalties, costs and expenses (including all attomeys' fees and other costs and expenses incurred in defending any such claims or other matters or in asserting or enforcing any indemnity obligation).
"Option Price" has the meaning set forth in Section 2.3(i). "Party" or "Parties" has the meaning set forth in the preamble to the Special Conditions. "Person" means an individual, partnership, corporation, limited liability company, business trust, joint stock company, trust, unincorporated association, joint venture, firm or other entity, or a Governmental Authority.

"Pre-existing Environmental Conditions" means any: (i) violation of, breach of or non-compliance with any Environmental Laws with respect to the Premises that first existed, arose or occurred on or prior to Provider's commencement of construction at the Premises and (ii) the presence or release of, or exposure to, any Hazardous Materials at, to, on, in, under or from the Premises that first existed, arose or occurred on or prior to Provider's commencement of construction at the Premises.
"Premises" means the premises described in Schedule 1 of the Special Conditions. The Premises includes the entirety of any structures and underlying real property located at the address in Schedule 1 of the Special Conditions. "Provider" has the meaning set forth in the Special Conditions. "Provider Default" has the meaning set forth in Section 11.1(a). "Provider Indemnified Parties" has the meaning set forth in Section 16.2. "Purchase Date" means the first Business Day that occurs after the applicable purchase date set forth in Schedule 3 of the Special Conditions.
"Purchaser" has the meaning set forth in the preamble to the Special Conditions. "Purchaser Default" has the meaning set forth in Section 11.2(a). "Purchaser Indemnified Parties" has the meaning set forth in Section 16.1. "Renewal Term" if applicable, has the meaning set forth in Section 2 of the Special Conditions. "Representative" has the meaning set forth in Section 15.1. "Security Interest" has the meaning set forth in Section 8.2(a). "Site -Specific Requirements" means the site -specific information and requirements as may be set forth in Schedule 6 of the Special Conditions.
"Special Conditions" means each Energy Services Agreement, excluding these General Terms and Conditions. "Stated Rate" means a rate per annum equal to the lesser of (a) the "prime rate" (as reported in The Wall Street Journal) plus two percent (2%) or (b) the maximum rate allowed by Applicable Law. "System" has the meaning set forth in Schedule 1 of the Special Conditions. "System -based Incentives" means any accelerated depreciation, installation or production -based incentives, investment tax credits and subsidies including, but not limited to, the subsidies in Schedule 1 of the Special Conditions and all other related subsidies and incentives.
"System Operations" means Provider's operation, maintenance and repair of the System performed by Provider or for Provider (by using one or more qualified contractors holding the appropriate licenses required in the jurisdiction where the System will be installed) in accordance with the requirements herein. "Term" means the Initial Tenn, and the subsequent Renewal Term(s), if any. "Term Year" means a twelve (12) month period beginning on the first day of the Tenn and each successive twelve (12) month period thereafter.
"Termination Date" means the date on which this Agreement ceases to be effective, including on an Early Termination Date or the Expiration Date.

1.2 Interpretation. The captions or headings in these General Terms and Conditions are strictly for convenience and shall not be considered in interpreting this Agreement. Words in this Agreement that impart the singular connotation shall be interpreted as plural, and words that impart the plural connotation shall be interpreted as singular, as the identity of the parties or objects referred to may require. The words "include", "includes", and "including" mean include, includes, and including "without limitation" and "without limitation by specification." The words "hereof", "herein", and "hereunder" and words of similar import refer to this Agreement as a whole and not to any particular provision of this Agreement. Except as the context otherwise indicates, all references to "Articles" and "Sections" refer to Articles and Sections of these General Terris and Conditions.

2. TERM AND TERMINATION.

2.1 Tenn. The Initial Term is as specified in the Special Conditions.

2.2 Earlv Tcnnination.
(a) Purchaser may terminate this Agreement prior to any applicable Expiration Date for any reason upon sixty (60) days' prior written notice. If Purchaser terminates the Agreement prior to the Expiration Date of the Initial Term, Purchaser shall pay, as liquidated damages, the Early Termination Fee set forth on Schedule 3, Column 1 of the Special Conditions, and Provider shall cause the System to be disconnected and removed from the Premises in accordance with Section 2.4. Upon Purchaser's payment to Provider of the Early Termination Fee, this Agreement shall terminate automatically.
(b) Purchaser may (i) if Provider fails to commence construction by the Guaranteed Construction Start Date, be entitled (as its sole remedy) to Delay Liquidated Damages not to exceed $22.5/kW (DC) of the estimated nameplate capacity of the System(as set forth in Schedule 1 of the Special Conditions), (ii) terminate this Agreement with no liability whatsoever, including, but not limited to the Early Termination Fee, if Provider fails to commence construction of the System by the date that is ninety (90) days after the Guaranteed Construction Start Date, or (iii) if Provider fails to achieve Commercial Operation by the Guaranteed Commercial Operation Date, be entitled (as its sole remedy) to Delay Liquidated Damages not to exceed $15/kW (DC) of the estimated nameplate capacity of the System (as set forth in Schedule 1 of the Special Conditions), plus (if Installation Work had commenced at the Premises as ofthe date oftemrination) any costs reasonably incurred by Purchaser to retum its Premises to its condition prior to commencement of the Installation Work. Further, Purchaser may terminate this Agreement with no liability whatsoever, including, but not limited to the Early Termination Fee, if Provider fails to commence Commercial Operation by the date that is sixty (60) days after the Guaranteed Commercial Operation Date. The Guaranteed Construction Start Date and Guaranteed Commercial Operation Date shall be extended on a day -for -day basis if any of the following occurs: (x) notwithstanding Provider's commercially reasonable efforts, interconnection approval is not obtained within sixty (60) days after the Effective Date, provided that interconnection applications are submitted within 45 days of the later of (a) the Effective Date and (b) finalization of the System layout, (y) a Force Majeure Event occurs or for any delays by the Local Electric Utility or (z) an occurrence of any other unforeseeable event outside of Provider's reasonable control, provided that Provider makes reasonable efforts to mitigate the impact of such events on the Guaranteed Construction Start Date or Guaranteed Commercial Operation Date (as applicable).

Any such extension pursuant to subsection (z) shall be subject to the approval of Purchaser which shall not be unreasonably withheld, conditioned or delayed.

2.3 Purchase Option.
(i) On any Purchase Date, so long as a Purchaser Default shall not have occurred and be continuing, Purchaser has the option to purchase the System for a purchase price (the "Option Price") equal to the greater of (a) the Fair Market Value of the System as of the Purchase Date, or (b) the Early Termination Fee as of the Purchase Date, as specified in Schedule 3, Column 2 of the Special Conditions. To exercise its purchase option, Purchaser shall, not less than one hundred and eighty (180) days prior to the proposed Purchase Date, provide written notice to Provider of Purchaser's intent to exercise its option to purchase the System on such Purchase Date. Within thirty (30) days of receipt of Purchaser's notice, Provider shall specify the Option Price, and provide all calculations and assumptions supporting said Option Price to Purchaser. Purchaser shall then have a period of thirty (30) days after notification to confirm or retract its decision to exercise the purchase option or, if the Option Price is equal to the Fair Market Value of the System, to dispute the determination of the Fair Market Value of the System. In the event

Purchaserconfims its exercise ofthe purchase option in writing to Provider (whether before or after any determination of the Fair Market Value determined pursuant to Section 2.3(ii)), (i) the Parties shall promptly execute all documents necessary to (A) cause title to the System to pass to Purchaser on the Purchase Date, free and clear of any Liens, and (B) assign all vendor warranties for the System to Purchaser, and (ii) Purchaser shall pay the Option Price to Provider on the Purchase Date, such payment to be made in accordance with any previous written instructions delivered to Purchaser by Provider or Provider's Financing Party, as applicable, for payments under this Agreement. Upon execution of the documents and payment of the Option Price, in each case as described in the preceding sentence, the Agreement shall terminate automatically. Payment of the Option Price shall be in lieu of and instead of any payments as described in Section 2.2 hereof. In the event Purchaser retracts its exercise of, or does not timely confirm, the purchase option, the provisions of this Agreement shall be applicable as if Purchaser had not exercised any option to purchase the System.
(u) Determination of Fair Market Value. If the Option Price indicated by Provider in accordance with Section 2.3(i) is equal to the Fair Market Value (as determined and demonstrated by supporting documentation provided by Provider) and Purchaser disputes such statedFair Market Value within thirty (30) days of receipt of such notice from Provider, then the Parties shall mutually select an independent appraiser with experience and expertise in the Energy Services industry. Such appraiser shall have expertise and experience in valuing photovoltaic systems, resale markets for such systems and related environmental attributes, and shall act reasonably and in good faith to determine Fair Market Value and shall set forth such determination in a written opinion delivered to the Parties. The valuation made by the appraiser shall be binding upon the Parties in the absence of fraud or manifest error; however, if Purchaser in good faith disputes the valuation made by the appraiser, Purchaser shall have the right to retract its decision to exercise the Purchase Option. The costs of the appraisal shall be bome by Purchaser if such appraisal results in a value equal or greater than the value provided by Provider pursuant to Section 2.3(i); otherwise, the Parties shall equally share such cost.

2.4 Removal of System at Expiration. Subject to Purchaser's exercise of its purchase option under Section 2.3, upon the expiration or earlier termination ofthis Agreement, Provider shall, at Provider's expense, remove all of its tangible property comprising the System from the Premises on a mutually convenient date but in no case later than ninety (90) days after the Termination Date. The Premises shall be retumed to its original condition, except for System mounting pads or other support structures on roof -mounted systems only, and ordinary wear and tear. If the System is to be located on a roof, then in no case shall Provider's removal of the System affect the integrity of Purchaser's roof, which shall be as leak proof as it was prior to removal of System (other than ordinary wear and tear).

For purposes ofProvider's removal of the System, Purchaser's covenants pursuant to Section 7.2 shall remain in effect until the date of actual removal of the System. Provider shall leave the Premises in neat and clean order. If Provider fails to remove or commence substantial efforts to remove the System by such agreed upon date, Purchaser shall have the right, at its option, to remove the System to a public warehouse and restore the Premises to its original condition (other than System mounting pads or other support structures and ordinary wear and tear) at Provider's reasonable cost.

2.5 Conditions Prior to the Commercial Operation Date.
(a) In the event that any of the following events or circumstances occur prior to the Commercial Operation Date, Provider may (at its sole discretion) provide notice that it is terminating this Agreement, in which case neither Party shall have any liability to the other except for any such liabilities that may have accrued prior to such termination, including but not limited to Provider's restoration of the Premises in accordance with Section 2.4:
(i) Provider determines that the Premises, as is, is insufficient to accommodate the System or unsuitable for construction or operation of the System.
(ii) There exist site conditions (including environmental conditions) or construction requirements that were not known as of the Effective Date and that could reasonably be expected to materially increase the cost of Installation Work or would adversely affect the electricity production from the System as designed. (iii) There is a material adverse change in the regulatory environment, incentive program or federal or state tax code (including the expiation of any incentive program or tax incentives in effect as of the Effective Date) that could reasonably be expected to adversely affect the economics of the installation for Provider and its investors.

(iv) Provider is unable to obtain financing for the System on terms and conditions satisfactory to it. (v) Provider has not received: (1) a fully executed a license in the form of Exhibit A of these General Conditions from the owner of the Premises (if the Purchaser is a tenant), (2) a release or acknowledgement from any mortgagee of the Premise, if required by Provider's Financing Party, to establish the priority of its security interest in the System, and (3) such other documentation as may be reasonably requested by Provider to evidence Purchaser's ability to meet its obligations under Section 7.2(dxii) to ensure that Provider will have access to the Premises throughout the Term.
(vi) There has been a material adverse change in the rights of Purchaser to occupy the Premises or Provider to construct the System on the Premises.
(viii) Purchaser has determined that there are easements, CCRs or other land use restrictions, liens or encumbrances that would materially impair or prevent the installation, operation, maintenance or removal of the System.
(ix)
There has been a material adverse change in Purchaser's credit -worthiness. (b) If any of the conditions set forth in Section 2.5(a) are partly or wholly unsatisfied, and Provider wishes to revise the information in the Special Conditions, then Provider may propose modifications to the Special Conditions for acceptance by Purchaser. If Purchaser does not accept such modified Special Conditions, Provider may terminate this Agreement as provided in Section 2.5(a) and shall restore the Premises in accordance with Section

2.4. If Purchaser accepts such revised Special Conditions, such revised Special Conditions shall be deemed an amendment of this Agreement, and this Agreement shall rennin in force and effect upon elocution by both Parties.

2.6 Co -Located Systems. With respect to any Systems that are co -located at the same Premises and connected to the same meter, the Parties acknowledge that the Systems are intended to be owned and operated as one integrated system, and that the Energy Services Payment (a) represents the added value of integrating the Systems to enable Provider's delivery of the Energy Services pursuant to the Agreements when needed by Purchaser, and (b) is a component part of the total consideration payable to Provider in exchange for Provider's comprehensive duties under this Agreement and the Agreement(s) related to the other co -located Systenr(s). Accordingly, the Parties further agree (x) to treat the Systems as one integrated systemfor all purposes, and (y) that any right or option that is exercised with respect to the System or this Agreement, whether in respect of early termination, purchase option or otherwis e, shall also be exercised with respect to the Agreement(s) related to the other co -located Systern(s).

3. CONSTRUCTION. INSTALLATION AND TESTING OF SYSTEM.

3.1 Installation Work. Provider will cause the System (by using one or more qualified contractors holding the appropriate licenses required in the jurisdiction where the System will be installed) to be designed, engineered, installed and constructed substantially in accordance with Schedule 1 of the Special Conditions and Applicable Law. At its request, Purchaser shall have the right to review all construction plans and designs, including engineering evaluations of the impact of the System. Provider shall perform the Installation Work at the Premises between the hours of 7:00 a.m. and 7:00 p.m in a manner that minimizes inconvenience to and interference with the use of the Premises to the extent commercially practical.

3.2 Approvals; Permits. Purchaser shall assist Provider in obtaining all necessary consents, approvals and permits required to perform Purchaser's obligations under this Agreement, including but not limited to those related to the Local Electric Utility, any Governmental Approval, and any consents, waivers, approvals or releases required pursuant to any applicable contract or CCR

3.3 System Acceptance Testing.
(a) Provider shall conduct testing of the System in accordance with such methods, acts, guidelines, standards and criteria reasonably accepted or followed by providers of Energy Services similar to those provided by the System in the United States. Provider shall provide Purchaser with reasonable advanced notice of such testing

and shall permit Purchaser or Purchaser's representative to observe such testing. Purchaser's observation of such testing shall not be construed as or deemed an approval of such testing or test results. (b) If the results of such testing indicate that the System is capable of providing the Energy Services, using such instruments and meters as have been installed for such purposes, and the System has been approved for interconnected operation by the Local Electric Utility ("Conanercial Operation"), then Provider shall send a written notice to Purchaser to that effect, and the date of such notice shall be the "Commercial Operation Date".

4. SYSTEM OPERATIONS.

4.1 Provider as Owner and Operator. The System will be owned by Provider or Provider's Financing Party and will be operated and maintained and, as necessary, repaired by Provider at its sole cost and expense; provided, any repair or maintenance costs incurred by Provider as a result of Purchaser's negligence or breach of its obligations hereunder shall be reimbursed by Purchaser.

4.2 Metering. Provider shall install and maintain a utility grade kilowatt-hour (kWh) meter for the measurement of electrical energy provided by the System and may, at its election, install a utility grade kilowatt-hour (kWh) meter for the measurement of electrical energy delivered by the Local Electric Utility and consumed at the Premises. Such meter(s) shall meet the general commercial standards of the solarphotovoltaic industry or the required standards of the Local Electric Utility.

4.2.1 Meter Testing.
(a) Provider shall provide certificates of calibration for all meters prior to the time of their installation, no meter will be placed in service for which Provider has not provided certificates of calibration. Provider shall test or arrange for all meters to be tested in accordance with the meter manufacturer's recommendations. Provider shall bear all costs and expenses associated with each meter testing. Purchaser shall be notified at least ten (10) days in advance of such testing and shall have the right to be present during such tests. Provider shall provide Purchaser with detailed written results of all meter tests.
(b) Provider shall test or arrange for meter inspection and testing bi-annually when performing System operations and maintenance.

4.2.2 Cost of Meter Repair.
(a) If meter testing, as described above demonstrates that a meter was operating outside of its allowable calibrations (+/- 2%), then Provider will pay for the cost of repairs or replacement necessary to restore a meter to proper working order.
(b) If a meter is found to be inaccurate by more than two percent (2%), invoices for the prior six (6) months or from the last date such meter was registering accurately, whichever period is less, shall be adjusted to reconcile the discrepancy and payment for the amount of the adjustment issued by the appropriate party within 45 days, except that Purchaser shall not be obligated to pay interest on any amount found to be due because a meter was operating outside of its allowable calibration (+/- 2%).

4.2.3 Meter Data. Provider shall gather and maintain the data from all meters, including but not limited to, interval data registered at least once every fifteen (15) minutes ("Meter Data"), and shall make such Meter Data promptly available to Purchaser at Purchaser's request.

4.3 System Disruptions. In the event that (a) the owner or lessee of the Premises repairs the Premises for any reason not directly related to damage caused by the System, and such repair requires the partial or complete temporary disassembly or movement of the System, or(b) any act or omission of Purchaser or Purchaser's employees, Affiliates, agents or subcontractors (collectively, a "Purchaser Act") results in a disruption or outage in System production, then, in either case, Purchaser shall (i) pay Provider for all work required by Provider to disassemble or move the System and (ii) continue to make all payments for the Energy Services during such period of System

disruption (the "Disruption Period"), and (iii) reimburse Provider for any other lost revenue during the Disruption Period, including any lost revenue associated with any reduced sales of Environmental Attributes and any reduced System -based Incentives, if applicable, during the Disruption Period. For the purpose of calculating Energy Services Payments and lost revenue for such Disruption Period, Energy Services for each month of said months shall be deemed to have been produced at the average rate overthe same month for which data exists (or, if the disruption occurs within the first twelve (12) months of operation, the average over such period of operation). Notwithstanding the foregoing, Purchaser shall be entitled to exercise its rights under Section 9 (Allowed Disruption Time) of the Special Conditions.

5. TITLE TO SYSTEM.

5.1 Throughout the duration of this Agreement, Provider or Provider's Financing Party shall be the legal and beneficial owner of the System at all times, and the System shall remain the personal property of Provider or Provider's Financing Party and shall not attach to or be deemed a part of, or fixture to, the Premises. The System shall at all times retain the legal status of personal property as defined under Article 9 of the Uniform Commercial Code.

Purchaser covenants that it will use reasonable commercial efforts to place all parties having an interest in or lien upon the real property comprising the Premises on notice ofthe ownership of the System and the legal status or classification of the System as personal property. If there is any mortgage or fixture filing against the Premises which could reasonably be construed as attaching to the System as a fixture of the Premises, Purchaser shall provide, at Provider's request, a disclaimer or release from such lien holder. If Purchaser is the fee owner ofthe Premises, Purchaser consents to the filing by Provider, on behalf of Purchaser, of a disclaimer of the System as a fixture of the Premises in the office where real estate records are customarily filed in the jurisdiction of the Premises. If Purchaser is not the fee owner, Purchaser will, at Provider's request, use commercially reasonable efforts to obtain such consent from such owner.

5.2 Environmental Attributes And System -Based Incentives. Purchaser's purchase of Energy Services includes Environmental Attributes, but does not include System -based incentives. System -based Incentives shall be owned by Provider or Provider's financing party for the duration of the System's operating life. Purchaser disclaims any right to System -based Incentives based upon the installation of the System at the Premises, and shall, at the request of Provider, execute any document or agreement reasonably necessary to fulfill the intent of this Section 5.2.

6. PRICE AND PAYMENT.

6.1 Consideration. Purchaser shall pay to Provider a monthly Energy Services Payment for the Energy Services provided during each calendar month of the Term as set forth in the Special Conditions.

6.2 Invoice. Provider shall invoice Purchaser on or about the first day of each month (each, an "Invoice Date"), commencing on the first Invoice Date to occur after the Commercial Operation Date, for the Energy Services Payment in respect ofthe immediately preceding month. The last invoice shall include Energy Services provided only through the Termination Date of this Agreement. Invoices shall state, at a minimum, (i) the amount of actual electricity produced by the System and delivered to the delivery point during the invoice period (if applicable), (ii) the rates applicable to, and any charges incurred by, Purchaser under this Agreement, and (iii) the total amount due from Purchaser.

6.3 Tine of Payment. Purchaser shall pay all undisputed amounts due hereunder within thirty(30) days after Purchaser's receipt of an invoice from Provider.

6.4 Method of Payment. Purchaser shall make all payments under this Agreement either (a) by electronic funds transfer in immediately available funds to the account designated by Provider from time to time or (b) by check timely delivered to the location designated by Provider from time to time. All payments that are not paid when due shall bear interest accruing from the date becoming past due until paid in full at a rate equal to the Stated Rate.

6.5 Disputed Payments. If a bona fide dispute arises with respect to any invoice, Purchaser shall not be deemed in default under this Agreement and the Parties shall not suspend the performance of their respective obligations hereunder, including payment ofundisputed amounts owed hereunder. If an amount disputed by Purchaser

is subsequently deemed to have been due pursuant to the applicable invoice, interest shall accruc at the Stated Ratc on such amount from the date becoming past due under such invoice until the date paid.

7. GENERAL COVENANTS .

7.1 Provider's Covenants. Provider covenants and agrees to the following:
(a) Notice of Damage or Emergency. Provider shall (x) prtnriptly notify Purchaser if it becomes aware of any damage to or loss of the use of the System or that could reasonably be expected to adversely affect the System, (y) immediately notify Purchaser if it becomes aware of any event or circumstance relating to the System or the Premises that poses a significant risk to human health, the environment, the System or the Premises. In the event of unreasonable damage to the Premises caused by, or as the result of, the System, Provider shall, at its sole cost, repair said Premises to the condition existing prior to such damage. (b) Governmental Approvals. While providing the Installation Work, Energy Services, and System Operations, Provider shall obtain and maintain and secure all Governmental Approvals required to be obtained and maintained and secured by Provider and to enable Provider to perform such obligations. (c) Health and Safety. Provider shall take all necessary and reasonable safety precautions with respect to providing the Installation Work, Energy Services, and System Operations that shall comply with all Applicable Laws pertaining to the health and safety of persons and real and personal property. All work shall be performed by licensed professionals, as may be required by Applicable Law, and in accordance with such methods, acts, guidelines, standards and criteria reasonably accepted or followed by a majority of System integrators in the United States. (d) Liens. Other than a Financing Party's security interest in or ownership of the System, Provider shall not directly or indirectly cause, create, incur, assume or suffer to exist any mortgage, pledge, lien (including mechanics', labor or nmaterialnman's lien), charge, security interest, encumbrance or claim of any nature ("Liens") on or with respect to the Premises or any interest therein, in each case to the extent such Lien arises from or is related to Provider's performance or non-performance of its obligations hereunder. If Provider breaches its obligations under this Section, it shall (i) immediately notify Purchaser in writing, (ii) promptly cause such Lien to be discharged and released of record without cost to Purchaser, and (iii) defend and indemnify Purchaser against all costs and expenses (including reasonable attomeys' fees and court costs at trial and on appeal) incurred in discharging and releasing such Lien; provided, Provider shall have the right to contest any such Lien, so long as it provides a statutory bond or other reasonable assurances of payment that either remove such Lien from title to the Premises or that assure that any adverse judgment with respect to such Lien will be paid without affecting title to the Premises . (e) System Condition. Provider shall take all actions reasonably necessary, including but not limited to repair and maintenance, to ensure that the System is capable of operating at a commercially reasonable continuous rate throughout the Term.
(f) Environmental Indemnification by Provider. Provider shall indemnify, hold harmless and defend Purchaser Indemnified Parties from and against all claims, pay costs and expenses, and conduct all actions required under Environmental Laws in connection with the deposit, release, or spill of any Hazardous Materials at, on, above, below or near the Premises by Provider. In no event shall Provider be responsible for the existence of any Hazardous Materials at the Premises prior to the Effective Date. Provider shall promptly notify Purchaser if it becomes aware of any Hazardous Materials, or any deposit, spill, or release of any Hazardous Materials at, on, above, below or near the Premises.
(g) Production Data. Provider shall provide Purchaser with access to System production data in electronic format, such as tabular Excel or csv with each production unit in a separate cell. Production data could be delivered monthly or by granting Purchaser access to a web portal.

7.2 Purchaser's Covenants. Purchaser covenants and agrees as follows:

(a) Notice of Damage or Emergency. Purchaser shall (i) promptly notify Provider if it becomes aware of any damage to or loss of the use of the System or that could reasonably be expected to adversely affect the System, (ii) immediately notify Provider it becomes aware of any event or circumstance that poses an imminent risk to human health, the environment, the System or the Premises. In the event of damage to Purchaser's premises caused by, or as the result of, the System, Provider shall, at its sole cost, repair said premises to the condition existing prior to such damage.
(b) liens. Purchaser shall not directly or indirectly cause, create, incur, assume or suffer to exist any Liens on or with respect to the System or any interest therein. If Purchaser breaches its obligations under this Section, it shall irmmediately notify Provider in writing, shall promptly cause such lien to be discharged and released of record without cost to Provider, and shall indemnify Provider against all costs and expenses (including reasonable attomeys' fees and court costs at trial and on appeal) incurred in discharging and releasing such Lien. (c) Consents and Approvals. To the extent that only Purchaser is authorized to request, obtain or issue any necessary approvals, Governmental Approvals, rebates or other financial incentives, Purchaser shall cooperate with Provider to obtain or issue such approvals, Governmental Approvals, rebates or other financial incentives in the name of Provider. Purchaser shall provide to Provider copies of all Governmental Approvals and CCRs applicable to the Premises, other than those obtained by Provider or to which Provider is a party. (d) Access to Premises. Grant of license.
(i) Purchaser hereby grants to Provider a revocable non-exclusive license coterminous with the Term containing all the rights necessary for Provider to use and occupy portions of the Premises for the installation, operation, maintenance and removal of the System pursuant to the terms of this Agreement, including ingress and egress rights to the Premises for Provider and its employees, contractors and subcontractors and access to electrical panels and conduits to interconnect or disconnect the System with the Premises' electrical wiring; provided, with respect to Provider's access to the Site, such license shall be subject to conditions or limitations for the protection of minor students that are imposed generally on cormnercial contractors by Purchaser or by Applicable Law. If Provider's financing structure requires that Purchaser enter into a license agreement directly with Financing Party, Provider shall enter into such an agreement which shall be in a form set forth by Provider and which contain substantially the same rights as set forth in this Section 7.2(d). (ii) Regardless of whether Purchaser is owner of the Premises or leases the Premises from a landlord, Purchaser hereby covenants that (x) Provider shall have access to the Premises and System during the Term of this Agreement and for so long as needed after termination to remove the System pursuant to the applicable provisions herein, and (y) neither Purchaser nor Purchaser's landlord will interfere or handle any Provider equipment or the System without written authorization from Provider; provided, Purchaser and Purchaser's landlord shall at all times have access to and the right to observe the Installation Work or System removal. (in) If Purchaser is a lessee of the Premises, Purchaser further covenants that it shall deliver to Provider, a license from Purchaser's landlord in substantially the form attached hereto as Exhibit A of these General Conditions. (e) Temporary storage space during installation or removal. Purchaser shall use commercially reasonable efforts to provide for sufficient space at the Premises for the temporary storage and staging of tools, materials and equipment and for the parking of construction crew vehicles and temporary construction trailers and facilities reasonably necessary during the Installation Work, System Operations or System removal, and access for rigging and material handling. Subject to Purchaser's indemnity obligations set forth herein, Purchaser shall have no liability whatsoever in connection with personal property or equipment of Provider or Provider's employees, consultants,contractors, subcontractors, and vendors. Provider shall be solely responsible for the safety and security of Provider's employees, consultants, contractors, subcontractors, and vendors, as well as any personal property, including but not limited to, any tools, materials, and equipment of such parties used or stored on the Premises. (f) Environmental Documents. On or before the Effective Date of each Special Conditions Purchaser shall identify and set forth in each Special Conditions and unless previously delivered, Purchaser shall, to the extent the sane are known and in the possession orcontrolofPurchaser, deliver to Provider copies of all reports, agreements, plans, inspections, tests, studies or other materials conceming the presence of Hazardous Materials at, from or on the

Premises including, but not limited to, soil reports, design drawings, environmental reports , sampling results or other documents relating to Hazardous Materials that have been identified or may be present on, in or under the Premises (collectively, the "Environmental Documents"). Thereafter, Purchaser agrees to provide copies of any new Environmental Documents within ten (10) days of receipt of same. Purchaser hereby agrees to furnish such other documents in Purchaser's possession or control with respect to Governmental Approvals compliance with Environmental Law or Hazardous Materials with respect to the Premises as may be reasonably requested by Provider from time to time.
(g) Compliance with Environmental Laws. Notwithstanding anything to the contrary in this Agreement, Purchaser shall operate and maintain the Premises to comply with the requirements of all applicable Environmental Laws that limit or govern the conditions or uses of the Premises, without impairing or interfering with Provider's construction, operation and ownership of the System or occupancy of the Premises. In no event shall Provider have any liability or obligation with respect to any Pre-existing Environmental Condition on, in or under the Premises, or operations or maintenance of the Premises required to comply with Environmental Laws with respect to Pre -Existing Environmental Conditions.
(h) Environmental Indemnification by Purchaser. Purchaser shall indemnify, hold harmless and defend Provider from and against all claims, pay costs and expenses, and conduct all actions required under Environmental Laws in connection with (i) the existence at, on, above, below or near the Premises of any Pre-existing Environmental Conditions, and (ii) any Hazardous Materials released, spilled or deposited at, on above or below the Premises by the Purchaser. Purchaser shall promptly notify Provider if it becomes aware of any Hazardous Materials, or any deposit, spill, or release of any Hazardous Materials at, on, above, below or near the Premises.

8. REPRESENTATIONS & WARRANTIES.

8.1 Representations and Warranties of Both Parties. In addition to any other representations and warranties contained in this Agreement, each Party represents and warrants to the other as of the Effective Date that:
(a) it is duly organized and validly existing and in good standing in the jurisdiction of its organization; (b) it has the full right and authority to enter into, execute, deliver, and perform its obligations under this Agreement;
(c) it has taken all requisite corporate or other action to approve the execution, delivery, and perfonnance of the Agreement;
(d) this Agreement constitutes its legal, valid and binding obligation enforceable against such Party in accordance with its terms, except as may be limited by applicable bankruptcy and other similar laws now or hereafter in effect;
(e) there is no litigation, action, proceeding or investigation pending or, to the best of its knowledge, threatened before any court or other Governmental Authority by, against, affecting or involving any of its business or assets that could reasonably be expected to adversely affect its ability to carry out the transactions contemplated herein; (f) its execution and performance of this Agreement and the transactions contemplated hereby do not and will not constitute a breach of any term or provision of, or a default under, (i) any contract, agreement or Governmental Approval to which it or any of its Affiliates is a party or by which it or any of its Affiliates or its or their property is bound, (ii) its organizational documents, or (iii) any Applicable Laws; and (g) its execution and performance of this Agreement and the transactions contemplated hereby do not and will not require any consent from a third party, including any Governmental Approvals from any Governmental Authority, that are not identified in the Special Conditions.

8.2 Date that:

Representations of Purchaser. Purchaser represents and warrants to Provider as of the Effective

(a) Purchaser acknowledges that it has been advised that part of the collateral securing the financial arrangements for the System may be the granting of a first priority perfected security interest (the "Security Interest") in the System to a Financing Party;
(b) To Purchaser's knowledge, the granting of the Security Interest will not violate any term or condition of any covenant, restriction, lien, financing agreement, or security agreement affecting the Premises ; (c) Purchaser is aware of no existing lease, mortgage, security interest or other interest in or lien upon the Premises that could attach to the System as an interest adverse to Provider's Financing Party's Security Interest therein;
(d) To Purchaser's knowledge, there exists no event or condition which constitutes a default, or would, with the giving of notice or lapse of time, constitute a default under this Agreement; (e) To Purchaser's knowledge, Purchaser has identified and disclosed to Provider in the Special Conditions (i) all Environmental Documents in Purchaser's possession or control, (ii) all CCRs, Governmental Approvals or other restrictions imposed under Applicable Laws with respect to the use of the Premises that could affect the construction and operation ofthe System within Purchaser's possession orcontrol, and (iii) all environmental reports, studies, data or other information relating to the use of the Premises by Provider within the Purchaser's possession or control;
(f) To Purchaser's knowledge, the Premises is in compliance with Environmental Laws, and that Purchaser holds and is in compliance with all Governmental Approvals required for the ownership and any current operations or activities conducted at the Premises; and (g) Purchaser has identified in the Special Conditions and delivered to Provider all material reports and information conceming the presence or release of Hazardous Materials on, in or under the Premises in Purchaser's possession or control.

Any Financing Party shall be an intended third -party beneficiary of this Section 8.2.

8.3 EXCLUSION OF WARRANTIES. EXCEPT TO THE EXTENT OTHERWISE EXPRESSLY

SET FORTH HEREIN, THE INSTALLATION WORK, SYSTEM OPERATIONS, AND ENERGY SERVICES PROVIDED BY PROVIDER TO PURCHASER PURSUANT TO THIS AGREEMENT SHALL BE "AS -IS WHERE -IS." NO OTHER WARRANTY TO PURCHASER OR ANY OTHER PERSON, WHETHER EXPRESS,

IMPLIED OR STATUTORY, IS MADE AS TO THE INSTALLATION, DESIGN, DESCRIPTION, QUALITY,

MERCHANTABILITY, COMPLETENESS, USEFUL LIFE, FUTURE ECONOMIC VIABILITY, OR FITNESS

FOR ANY PARTICULAR PURPOSE OF THE SYSTEM, THE ENERGY SERVICES OR ANY OTHER SERVICE

PROVIDED HEREUNDER OR DESCRIBED HEREIN, OR AS TO ANY OTHER MATTER, ALL OF WHICH ARE EXPRESSLY DISCLAIMED BY PROVIDER.

9. TAXES AND GOVERNMENTAL FEES.

9.1 Purchaser Obligations. Purchaser shall reimburse and pay for any documented taxes, fees or charges imposed or authorized by any Governmental Authority and paid by Provider due to Provider's sale of the Energy Services to Purchaser (other than income taxes imposed upon Provider). Provider shall notify Purchaser in writing with a detailed statement of such amounts, which shall be invoiced by Provider and payable by Purchaser. Purchaser shall timely report, make filings for, and pay any and all sales, use, income, gross receipts or other taxes, and any and all franchise fees or similar fees assessed against it due to its purchase of the Energy Services. This Section 9.1 excludes tams specified in Section 9.2.

9.2 Provider Obligations. Subject to Section 9.1 above, Provider shall be responsible for all income, gross receipts, ad valorem, personal property or real property or other similar taxes and any and all franchise fees or similar fees assessed against it due to its ownership of the System.

10. FORCE MAJEURE.

10.1 Definition. "Force Majeure Event" means any act or event that prevents the affected Party from performing its obligations in accordance with this Agreement, if such act or event is beyond the reasonable control, and not the result of the fault or negligence, of the affected Party and such Party had been unable to overcome such act or event with the exercise of due diligence (including the expenditure of reasonable sums). Subject to the foregoing conditions, "Force Majeure Event" shall include without limitation the following acts or events: (i) natural phenomena, such as storms, hurricanes, floods, lightning, volcanic eruptions and earthquakes; (ii) explosions or fires arising from lightning or other causes unrelated to the acts or omissions of the Party seeking to be excused from performance; (in) acts of war or public disorders, civil disturbances, riots, insurrection, sabotage, epidemic, terrorist acts, or rebellion; (iv) strikes or labor disputes (except strikes or labor disputes caused solely by employees of Provider or as a result of such party's failure to comply with a collective bargaining agreement); and (v) action or inaction by a Governmental Authority (unless Purchaser is a Governmental Authority and Purchaser is the Party whose performance is affected by such action nor inaction). A Force Majeure Event shall not be based on the economic hardship of either Party, or upon the expiration of any lease of the Premises by the Purchaser from the owner of the Premises.

10.2 Excused Performance. Except as otherwise specifically provided in this Agreement, neither Party shall be considered in breach ofthis Agreement or liable for any delay or failure to comply with this Agreement (other than the failure to pay amounts due hereunder), if and to the extent that such delay or failure is attributable to the occurrence of a Force Majeure Event; provided, the Party claiming relief under this Article 10 shall as soon as practicable after becoming aware of the circumstances constituting Force Majeure (i) notify the other Party in writing of the existence of the Force Majeure Event, (ii) exercise all reasonable efforts necessary to minimize delay caused by such Force Majeure Event, (iii) notify the otherParty in writing of the cessation ortermination of said Force Majeure Event and (iv) resume performance of its obligations hereunder as soon as practicable thereafter; provided, Purchaser shall not be excused from making any payments and paying any unpaid amounts due in respect of Energy Services delivered to Purchaser prior to the Force Majeure Event performance interruption. Subject to Section 10.3 below, the Parties agree that to the extent permitted by Applicable Law, the Term of this Agreement shall extend on a day for day basis for every day in which the occurrence of a Force Majeure Event has affected either Party's performance of its obligations hereunder.

10.3 Termination in Consequence ofForce Majeure Event. If a Force Majeure Event shall have occurred that has affected Provider's performance of its obligations hereunder and that has continued for a continuous period of one hundred eighty (180) days, then either Party shall be entitled to terminate this Agreement upon ninety (90) days' prior written notice to the other Party. If at the end of such ninety (90) day period such Force Majeure Event shall still continue, this Agreement shall automatically terminate. Upon such termination for a Force Majeure Event, neither Party shall have any liability to the other (other than any such liabilities that have accrued prior to such termination, including but not limited to Provider's obligations to remove the System and restore the Premises as set forth herein), and Purchaser shall have no obligation to pay the Early Termination Fee.

11. DEFAULT.

11.1 Provider Defaults and Purchaser Remedies.
(a) Provider Defaults. The following events shall be defaults with respect to Provider (each, a "Provider Default"):
(i)
A Bankruptcy Event shall have occurred with respect to Provider; Provider fails to pay Purchaser any undisputed amount owed under the Agreement within thirty (30) days from receipt of notice from Purchaser of such past due amount; and (iii) Provider breaches any material representation, covenant or other term of this Agreement and (A) if such brcach can be cured within thirty (30) days after Purchaser's written notice of such breach and Provider

fails to so cure, or (B) Provider fails to commence and pursue a curt within such thirty (30) day period if a Ionizer curt period is needed.
(b) Purchaser's Remedies. If a Provider Default described in Section 11.1(a) has occurred and is continuing, in addition to other remedies expressly provided herein, and subject to Article 12, Purchaser may terminate this Agreement with no penalty or liability whatsoever, including but not limited to the Early Termination Fee, and exercise any other remedy it may have at law or equity or under this Agreement.

11.2 Purchaser Defaults and Provider's Remedies.
(a) Purchaser Default. The following events shall be defaults with respect to Purchaser (each, a "Purchaser Default"):

CO A Bankruptcy Event shall have occurred with respect to Purchaser; (ii) Purchaser breaches any material representation, covenant or other term of this Agreement if (A) such breach can be cured within thirty (30) days after Provider's notice of such breach and Purchaser fails to so cure, or (B) Purchaser fails to commence and pursue said cure within such thirty (30) day period if a longer cure period is needed, such longer cure period not to exceed ninety (90) days; and (iii) Purchaser fails to pay Provider any undisputed amount due Provider under this Agreement within thirty (30) days from receipt of notice from Provider of such past due amount. (b) Provider's Remedies. If a Purchaser Default described in Section 11.2(a) has occurred and is continuing, in addition to other remedies expressly provided herein, and subject to Article 12, Provider may terminate this Agreement and upon such termination, (A) Provider shall be entitled to receive fiom Purchaser the Early Termination Fee set forth on Schedule 3, Column 1 of the Special Conditions, and (B) Provider may exercise any other remedy it may have at law or equity or under this Agreement.

11.3 Cross Default. With respect to any Systems that are co -located at the same Premises, if a Party defaults under this Agreement, it shall also be a default of such Party under the Agreement(s) related to the other co - located System(s); provided, a cure of the original default shall be a cure of any such cross default. In the event of a cross default, the non -defaulting Party shall be entitled to exercises its rights with respect to this Agreement and all such other Agreements, including terminating all such Agreements and, if Provider terminates one or more Agreements due to a Purchaser Default, Purchaser shall pay the Early Termination Fees for all such terminated Agreements.

11.4 Removal of System. Upon any termination of this Agreement pursuant to this Article 11 and payment of the Early Termination Fee (if applicable), Provider will remove the System pursuant to Section 2.4 hereof.

12. LIMITATIONS OF LIABILITY.

12.1 Except as expressly provided herein, neither Party shall be liable to the other Party or its Indemnified Persons for any special, punitive, exemplary, indirect, or consequentialdamages, losses or damages for lost revenue or lost profits, whether foreseeable or not, arising out of, or in connection with this Agreement.

12.2 A Party's maximum liability to the other Party under this Agreement, shall be limited to the aggregate Estimated Remaining Payments as of the date of the events giving rise to such liability, provided, the limits of liability under this Section 12.2 shall not apply with respect to (i) indemnity obligations hereunder in respect of personal injury or environmental claims and (ii) any obligation of Purchaser to pay Energy Service Payments, the Early Termination Fee or the Option Price, (iii) any obligation of Provider to pay for Lost Savings in accordance with the Special Conditions and (iv) if applicable, any obligation of Provider to remove the System and restore the Premises in accordance with Section 2.4.

13. ASSIGNMENT.

13.1 Assignment by Provider. Provider shall not sell, transferor assign (collectively, an "Assignment") the Agreement or any interest therein, without the prior written consent of Purchaser, which shall not be unreasonably withheld, conditioned or delayed; provided, Purchaser agrees that Provider may assign this Agreement without the consent ofthe Purchaser to an Affiliate of Provider or any party providing financing for the System. In the event that Provider identifies a secured Financing Party in the Special Conditions, or in a subsequent notice to Purchaser, then Purchaser shall comply with the provisions set forth in Exhibit B of these General Terms and Conditions and agrees to provide such estoppels, acknowledgments and opinions of counsel as Provider may reasonably request from time to time. Any Financing Party shall be an intended third -party beneficiary of this Section 13.1. Any Assignment by Provider without obtaining the prior written consent and release of Purchaser, when such consent is required by this Section 13.1, shall not release Provider of its obligations hereunder.

13.2 Acknowledgment of Collateral Assignment. In the event that Provider identifies a secured Financing Party in the Special Conditions, or in a subsequent notice to Purchaser, then Purchaser hereby acknowledges:
(a) The collateral assignment by Provider to the Financing Party, of Provider's right, title and interest in, to and under this Agreement, as consented to under Section 13.1 of this Agreement. (b) That the Financing Party as such collateral assignee shall be entitled to exercise any and all rights of lenders generally with respect to Provider's interests in this Agreement. (c) That it has been advised that Provider has granted a first priority perfected security interest in the System to the Financing Party and that the Financing Party has relied upon the characterization of the System as personal property, as agreed in this Agreement in accepting such security interest as collateral for its financing of the System.

Any Financing Party shall be an intended third- party beneficiary of this Section 13.2.

13.3 Assignment by Purchaser. Purchaser shall not assign this Agreement or any interest therein, without Provider's prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. Any Assignment by Purchaser without the prior written consent of Provider shall not release Purchaser of its obligations hereunder.

14. NOTICES.

14.1 Notice Addresses. Unless otherwise provided in this Agreement, all notices and communications concerning this Agreement shall be in writing and addressed to the other Party (or Financing Party, as the case may be) at the addresses set forth in the Special Conditions, or at such other address as may be designated in writing to the other Party from time to time.

14.2 Notice. Unless otherwise provided herein, any notice provided for in this Agreement shall be hand delivered, sent by registered or certified U.S. Mail, postage prepaid, or by commercial overnight delivery service, and shall be deemed delivered to the addressee or its office when received at the address for notice specified above when hand delivered, upon confirmation of sending when sent by facsimile (if sent during nonnal business hours or the next Business Day if sent at any other time), on the Business Day after being sent when sent by overnight delivery service (Saturdays, Sundays and legal holidays excluded), or five (5) Business Days after deposit in the mail when sent by U.S. mail.

14.3 Address for Invoices. All invoices under this Agreement shall be sent to the address provided by Purchaser. Invoices shall be sent by regular first class mail postage prepaid.

15. CONFIDENTIALITY.

15.1 Confidentiality Obligation. If either Party provides confidential information, including business plans, strategies, financial information, proprietary, patented, licensed, copyrighted or trademarked information, and/or technical information regarding the financing, design, operation and maintenance of the System or of Purchaser's business ("Confidential Information") to the other or, if in the course of performing under this Agreement or negotiating this Agreement a Party learns Confidential Information regarding the facilities or plans of the other, the receiving Party shall (a) protect the Confidential Information from disclosure to third parties with the same degree of care accorded its own confidential and proprietary information, and (b) refrain from using such Confidential Information, except in the negotiation and performance of this Agreement. Notwithstanding the above, a Party may provide such Confidential Information to its officers, directors, members, managers, employees, agents, contractors, consultants, Affiliates, lenders (existing or potential), investors (existing or potential) and potential third -party assignees ofthis Agreement or third -party acquirers of Provider or its Affiliates (provided and on condition that such potential third -party assignees be bound by a written agreement restricting use and disclosure of Confidential Information) (collectively, "Representatives"), in each case whose access is reasonably necessary. Each such recipient of Confidential Information shall be informed by the Party disclosing Confidential Information of its confidential nature and shall be directed to treat such information confidentially and shall agree to abide by these provisions. In any event, each Party shall be liable (with respect to the other Party) for any breach of this provision by any entity to whom that Party improperly discloses Confidential Information. The terms of this Agreement (but not its execution or existence) shall be considered Confidential Information for purposes of this Article, except as s et forth in Section 15.3. All Confidential Information shall remain the property of the disclosing Party and shall be retumed to the disclosing Party or destroyed after the receiving Party's need for it has expired or upon the request ofthe disclosing Party.

15.2 Permitted Disclosures. Notwithstanding any otherprovision herein, neither Party shall be required to hold confidential any information that:
(a) Becomes publicly available other than through the receiving Party; (b) Is required to be disclosed by a Governmental Authority, under Applicable Law, including but not limited to the California Public Records Act, orpursuant to a validly issued subpoena or required filing, but a receiving Party subject to any such requirement shall promptly notify the disclosing Party of such requirement; (c) Is independently developed by the receiving Party; or (d) Becomes available to the receiving Party without restriction from a third party under no obligation of confidentiality.

15.3 Goodwill and Publicity. Neither Party shall use the name, trade name, service mark, or trademark of the other Party in any promotional or advertising material without the prior written consent of such other Party.

The Parties shall coordinate and cooperate with each other when making public announcements related to the execution and existence of this Agreement, and each Party shall have the right to promptly review, comment upon, and approve any publicity materials, press releases, or other public statements by the other Party that refer to, or that describe any aspect of, this Agreement; provided, no such publicity releases or other public statements (except for filings or other statements or releases as may be required by Applicable Law) shall be made by either Party without the prior written consent of the other Party. At no time will either Party acquire any rights whatsoever to any trademark, trade name, service mark, logo or other intellectual property right belonging to the other Party.

Notwithstanding the foregoing, Purchaser agrees that Provider may, at its sole discretion, take photographs of the installation process of the System and/or the completed System, and Provider shall be permitted to use such images (regardless of media) in its marketing efforts, including but not limited to use in brochures, advertisements, websites and news outlet or press release articles. The images shall not include any identifying information without Purchaser permission and the installation site shall not be disclosed beyond the type of establishment (such as "Retail Store," "Distnbution Center," or such other general terms), the city and state.

15.4 Enforcement of Confidentiality Obligation. Each Party agrees that the disclosing Party would be irreparably injured by a breach of this Article 15 by the receiving Party or its Representatives orotherPerson to whom

the receiving Party discloses Confidential Information of the disclosing Party and that the disclosing Party may be entitled to equitable relief, including injunctive relief and specific performance, in the event of any breach of the provisions of this Article 15. To the fullest extent permitted by Applicable Law, such remedies shall not be deemed to be the exclusive remedies for a breach of this Article 15, but shall be in addition to all other remedies available at law or in equity.

16. INDEMNITY.

16.1 Provider's Indemnity. Subject to Article 12, Provider agrees that it shall indemnify and hold harmless Purchaser, its permitted successors and assigns and their respective directors, officers, members, shareholders and employees (collectively, the "Purchaser Indemnified Parties") from and against any and all Losses incurred by Purchaser Indemnified Parties to the extent arising from or out of the following: any claim for or arising out of any injury to or death of any Person or loss or damage to property of any Person to the extent arising out of Provider's negligence or willful misconduct. Provider shall not, however, be required to reimburse or indemnify any Purchaser Indemnified Party for any Loss to the extent such Loss is due to the negligence or willful misconduct of any Purchaser Indemnified Party.

16.2 Purchaser's Indemnity. Subject to Article 12 and to the extent permitted by Applicable Law, Purchaser agrees that it shall indemnify and hold harmless Provider, its permitted successors and assigns and their respective directors, officers, members, shareholders and employees (collectively, the"Provider Indemnified Parties") from and against any and all Losses incurred by Provider Indemnified Parties to the extent arising from or out of any claim for or arising out of any injury to or death of any Person or loss or damage to property of any Person to the extent arising out of Purchaser's negligence or willful misconduct. Purchaser shall not, however, be required to reimburse or indemnify any Provider Indemnified Party for any Loss to the extent such Loss is due to the negligence or willful misconduct of any Provider Indemnified Party.

17. INSURANCE.

17.1 Generally. Purchaser and Provider shall each maintain the following insurance coverages in full force and effect throughout the Term either through insurance policies or acceptable self -insured retentions: (a) Workers' Compensation Insurance as may be from time to time required under applicable federal and state law, (b) Commercial General Liability Insurance with limits of not less than $2,000,000 general aggregate, $1,000,000 per occurrence, and (c) automobile insurance with commercially reasonable coverages and limits. Additionally, Provider shall carry adequate property loss insurance on the System which need not be covered by Purchaser's property coverage. The amount and terms of insurance coverage will be determined at Provider's sole discretion.

17.2 Certificates of Insurance. Each Party, upon request, shall furnish current certificates evidencing that the insurance required under Section 17.1 is being maintained. Each Party's insurance policy provided hereunder shall contain a provision whereby the insured agrees to give the other Party thirty (30) days' written notice before the insurance is cancelled or materially altered.

17.3 Additional Insureds. Each Party's insurance policy shall be written on an occurrence basis and shall include the other Party as an additional insured as its interest may appear.

17.4 Insurer Qualifications. All insurance maintained hereunder shall be maintained with companies either rated no less than A- as to Policy Holder's Rating in the current edition of Best's Insurance Guide (or with an association of companies each of the members of which are so rated) or having a parent company's debt to policyholder surplus ratio of 1:1.

17.5 Additional Terms. Required insurance coverages shall not prohibit the Provider from waiving the right of subrogation prior to a loss. Provider shall waive all subrogation rights against the indemnified parties. Provider shall ensure that it carries adequate property loss insurance on the System, which need not be covered by Purchaser's property or other insurance coverage. Provider shall further ensure that any qualified contractor purchases and maintains insurance of the types and limits of liability, containing the endorsements, as would ordinarily and reasonably be expected by an experienced contractor undertaking the type of work contemplated by this Agreement

with respect to the potential liability for loss or damage under this Agreement. Provider shall further ensure that any qualified contractor's insurance lists Purchaser as an additional insured.

18. MISCELLANEOUS.

18.1 Integration: Exhibits. The Agreement, together with the Exhibits and Schedules attached thereto or incorporated by reference, constitute the entire agreement and understanding between Provider and Purchaser with respect to the subject matter thereof and supersedes all prior agreements relating to the subject matter hereof which are of no further force or effect. The Exhibits and Schedules attached to this Agreement, including these General Terris and Conditions as incorporated by reference, are integral parts of this Agreement and are an express part of this Agreement. In the event of a conflict between the provisions of these General Terms and Conditions and any applicable Special Conditions, the provisions of the Special Conditions shall prevail.

18.2 Amendments. This Agreement may only be amended, modified or supplemented by an instrument in writing executed by duly authorized representatives of Provider and Purchaser.

18.3 Industry Standards. Except as otherwise set forth herein, for the purpose of this Agreement the nonnal standards ofperfornrance within the Energy Services industry in the relevant market shall be the measure of whethera Party's performance is reasonable and timely. Unless expressly defined herein, words having well-known technical or trade meanings shall be so construed.

18.4 Cumulative Remedies. Except as set forth to the contrary herein, any right or remedy of Provider or Purchaser shall be cumulative and without prejudice to any other right or remedy, whether contained herein or not.

18.5 [Reserved].

18.6 Limited Effect of Waiver. The failure of Provider or Purchaser to enforce any of the provisions of this Agreement, or the waiver thereof, shall not be construed as a general waiver or relinquishment on its part of any such provision, in any other instance or of any other provision in any instance.

18.7 Survival. The obligations under Section 2.4 (Removal of System), Section 7.1 (Provider Covenants), Sections 7.2(d), (e), (f), (g) and (h) (Purchaser Covenants), Section 8.3 (Exclusion of Warranties), Article 9 (Taxes and Governmental Fees), Article 12 (Limitation of Liability), Article 14 (Notices), Article 15 (Confidentiality), Article 18 (Miscellaneous), all payment or indemnification obligations accrued prior to termination of this Agreement, or pursuant to other provisions of this Agreement that, by their sense and context, are intended to survive termination of this Agreement shall survive the expiration or termination of this Agreement for any reason.

18.8 Goveming Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California without reference to any choice of law principles. The Parties agree that the courts of the State of California and the Federal Courts sitting therein shall have jurisdiction over any action or proceeding arising under this Agreement to the fullest extent permitted by Applicable Law. The Parties waive to the fullest extent permitted by Applicable Law any objection it may have to the laying of venue of any action or proceeding under this Agreement any courts described in this Section 18.8.

18.9 Severability. If any term, covenant or condition in this Agreement shall, to any extent, be invalid or unenforceable in any respect underApplicable Law, the remainder of this Agreement shall not be affected thereby, and each term, covenantor condition of this Agreement shall be valid and enforceable to the fullest extent permitted by Applicable Law and, if appropriate, such invalid or unenforceable provision shall be modified or replaced to give effect to the underlying intent of the Parties and to the intended economic benefits of the Parties.

18.10 Relation of the Parties. The relationship between Provider and Purchaser shall not be that of partners, agents, or joint ventures for one another, and nothing contained in this Agreement shall be deemed to constitute a partnership or agency agreement between them for any purposes, including federal income tax purposes.

Provider and Purchaser, in performing any of their obligations hereunder, shall be independent contractors or independent parties and shall discharge their contractual obligations at their own risk.

18.11 Successors and Assigns. This Agreement and the rights and obligations under this Agreement shall be binding upon and shall inure to the benefit of Provider and Purchaserand their respective successors and permitted assigns.

18.12 Counterparts. This Agreement may be executed in one or more counterparts, all of which taken together shall constitute one and the same instrument.

18.13 Electronic Delivery. This Agreement may be duly executed and delivered by a Party by execution and facsimile or electronic, "pdf' delivery of the signature page ofa counterpart to the other Party.

18.14 liquidated Damages Not Penalty. Purchaser acknowledges that the Early Termination Fee constitutes liquidated damages, and not penalties, in lieu of Provider's actual damages resulting from the early termination of this Agreement. Purchaser further acknowledges that Provider's actual damages may be impractical and difficult to accurately ascertain, and in accordance with Purchaser's rights and obligations under this Agreement, the Early Termination Fee constitutes fair and reasonable damages to be borne by Purchaser in lieu of Provider's actual damages.
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These General Terms and Conditions are witnessed and acknowledged by ForeFront Power and Purchaser below.

Neither ForeFront Power nor Purchaser shall have any obligations or liability resulting from its witnessing and acknowledging these General Terror and Conditions.
"FOREFRONT POWER": FFP BTM SOLAR, LLC
By:

Name:

Title:

Date:
"PURCHASER": CITY OF SANTA MARIA
By:

Name:

Title:

Date:

Exhibit A
of General Terms and Conditions
[PURCHASER' S LETTER' I EA D]
[Landlord's Address]
Attn: Authorized Representative
Re: Proposed Energy System Installation at [Address of Premises]. Lease dated [ ] between [PURCHASER] and [LANDLORD] (the "Lease")
Dear Authorized Representative:

As has been discussed with you, [PURCHASER] ("Purchaser") and [FFP Entity], LLC ("Provider") have entered into an Energy Services Agreement, pursuant to which Provider will install, finance, operate, and maintain a [solar photovoltaic] [battery storage] system at the above -referenced premises which [PURCHASER] leases from you pursuant to the Lease. By signing below and returning this letter to us, you confirm that:

1. The [solar photovoltaic] [battery storage] system and the renewable energy (including environmental credits and related attributes)produced by the systemare personal property, and shall not be considered the property (personal or otherwise) of [LANDLORD] upon installation of the system at the premises. Landlord consents to the filing by Provider of a disclaimer of the System as a fixture of the Premises in the office where real estate records are customarily filed in the jurisdiction of the Premises.

2. Provider or its designee (including finance providers) shall have the right without cost to access the premises in order to install, operate, inspect, maintain, and remove the [solar photovoltaic] [battery storage] system. [LANDLORD] will not charge Purchaser or Provider any rent for such right to access the premises.

3. [LANDLORD] has been advised that the finance providers for the [solar photovoltaic] [battery storage] systemhave a first priority perfected security interest in the system. Provider and the finance providers for the [solar photovoltaic] [battery storage] system (including any system lessor or other lender) are intended beneficiaries of [LANDLORD]'s agreements in this letter.

4. [LANDLORD] will not take any action inconsistent with the foregoing.

We thank you for your consideration of this opportunity and we look forward to working with you in our environmental campaign to increase the utilization of clean, renewal energy resources.

Very truly yours,
[PURCHASER]
BY:

Name:

Title:

Acknowledged and agreed by:
[LANDLORD]
By:

Name:

Title:

Exhibit B
of General Terms and Conditions
Certain Agreements for the Benefit of the Financing Parties Purchaser acknowledges that Provider will be receiving financing accommodations from one or more Financing Parties and that Provider may sell or assign the System or this Agreement and/or may secure Provider's obligations by, among other collateral, a pledge or collateral assignment of this Agreement and a first security interest in the System. In order to facilitate such necessary sale, conveyance, or financing, and with respect to any such Financing Party, Purchaser agrees as follows:
(a) Consent to Collateral Assignment. Purchaser consents to eitherthe assignment, sale or conveyance to a Financing Party or the collateral assignment by Provider to a Financing Party, of Provider's right, title and interest in and to this Agreement.
(b) Notices of Default. Purchaser will deliver to the Financing Party, concurrently with delivery thereof to Provider, a copy of each notice of default given by Purchaser under this Agreement, inclusive of a reasonable description of Provider default. No such notice will be effective absent delivery to the Financing Party. Purchaser will not mutually agree with Provider to cancel, modify or terminate this Agreement without the written consent of the Financing Party, however, this provision shall not be interpreted to limit any termination rights of either Party as set forth in the Agreement.
(c) Rights Upon Event of Default. Notwithstanding any contrary term of this Agreement:
i. The Financing Party shall be entitled to exercise, in the place and stead of Provider, any and all rights and remedies of Provider underthis Agreement in accordance with the terms of this Agreement and only in the event of Provider's or Purchaser's default. The Financing Party shall also be entitled to exercise all rights and remedies of secured parties generally with respect to this Agreement and the System. ii. The Financing Party shall have the right, but not the obligation, to pay all sums due under this Agreement and to perform any other act, duty or obligation required of Provider thereunder or cause to be cured any default of Provider thereunder in the time and manner provided by the terms of this Agreement. Nothing herein requires the Financing Party to cure any default of Provider under this Agreement or (unless the Financing Party has succeeded to Provider's interests under this Agreement) to perform any act, duty or obligation of Provider under this Agreement, but Purchaser hereby gives it the option to do so.
iii. Upon the exercise of remedies under its security interest in the System, including any sale thereof by the Financing Party, whether by judicial proceeding or under any power of sale contained therein, or any conveyance from Provider to the Financing Party (or any assignee ofthe Financing Party) in lieu thereof, the Financing Party shall give notice to Purchaser of the transferee or assignee of this Agreement. Any such exercise of remedies shall not constitute a default under this Agreement.
iv. Upon any default not reasonably susceptible to cure by a Finance Party, including, without limitation, rejection or other termination of this Agreement pursuant to any process undertaken with respect to Provider under the United States Bankruptcy Code, at the request ofthe Financing Party made within ninety (90) days of such default, Purchaser shall enter into a new agreement with the Financing Party or its designee having the same terror and conditions as this Agreement.
(d) Right to Cure.
i. Purchaser will not exercise any right to terminate or suspend this Agreement unless it shall have given the Financing Party prior written notice by sending notice to the Financing Party (at the address provided by Provider) of its intent to terminate or suspend this Agreement, specifying the condition giving rise to such right, and the Financing Party shall not have caused to be cured the condition giving rise to the right of termination or suspension within thirty (30) days after such notice or (if longer) the periods provided for in this Agreement. The Parties agree that the cure rights described herein are in addition to and apply and continence following the expiration of any notice

and cure period applicable to Provider The Parties respective obligations will otherwise remain in effect during any cure period; provided, if such Provider default reasonably cannot be cured by the Financing Party within such period and the Financing Party commences and continuously pursues cure of such default within such period, such period for cure will be extended for a reasonable period of time under the circumstances, such period not to exceed additional ninety (90) days.
ii. If the Financing Party (including any purchaser or transferee), pursuant to an exercise of remedies by the Financing Party, shall acquire title to or control of Provider's assets and shall, within the time periods described in Sub -section (cXi). above, cure all defaults under this Agreement existing as of the date of such change in title or control in the manner required by this Agreement and which are capable of cure by a third person or entity, then such person or entity shall no longer be in default under this Agreement, and this Agreement shall continue in full force and effect.

Exhibit
of General Conditions
Requirements Applicable to the Installation Work
Section B.1 Prohibition Against Use of Tobacco. All properties and facilities owned, leased or operated by the Purchaser are tobacco -flee work places. No person on, at or in any Purchaser -controlled property or facility, including, without limitation, the Premises, may smoke, chew or otherwise use tobacco products. Provider shall be responsible for. (i) informing any and all persons present on or at the Premises on account of the Installation Work about the Purchaser's tobacco -free policy; and (ii) strictly enforcing such policy with respect to the Premises. The Purchaser, Provider, and each Subcontractor shall require that any person present on or at the Premises on account of the Installation Work who violates such policy must permanently leave the Premises, and shall prohibit such person from thereafter being present or performing any of the Installation Work on or at the Premises.

Section B.2 Prohibition Against Use of Drugs.
(a) Purchaser Drug -Free Policy. All properties and facilities owned, leased or operated by the Purchaser are drug -free work places. No person on, at or in any Purchaser -controlled property or facility, including, without limitation, the Premises, may: (i) engage in the unlawful manufacture, dispensation, possession or use, including being under the influence, of any controlled substance, (ii) possess or use any alcoholic beverage, or (iii) use any substance which may cause significant impairment of normal abilities. Provider shall be responsible for. (i) informing any and all persons present on or at the Premises on account of the Installation Work about the Purchaser's drug -free policy; and (ii) strictly enforcing such policy with respect to the Premises. The Purchaser, Provider, and each Subcontractor shall require that any person present on or at the Premises on account of the Installation Work who violates such policy must permanently leave the Premises, and shall prohibit such person from thereafter being present or performing any of the Installation Work on or at the Premises.
(b) Drug -Free Workplace Certification. Provider is hereby made subject to the requirements of Government Code Sections 8350 et seq., the Drug -Free Workplace Act of 1990.

Section B.3 Compliance with Labor Requirements. The Installation Work is a "public works" project as defined in Section 1720 of the California Labor Code ("Labor Code") and made applicable pursuant to Section 1720.6 of the Labor Code. Therefore, the Installation Work is subject to applicable provisions of Part 7, Chapter 1, of the Labor Code and Title 8 of the California Code of Regulations, Section 16000 et seq. (collectively, "Labor Law"). Provider acknowledges that, as provided by Senate Bill 854 (Stats. 2014, Ch. 28), the Project is subject to labor compliance monitoring and enforcement by the California Department of Industrial Relations ("DIR").

Section B.4 Compliance with Labor Code Requirements. Provider must be, and shall be deemed and construed to be, aware of and understand the requirements of the Labor Law that require the payment of prevailing wage rates and the performance of other requirements on public works projects. Provider, at no additional cost to the Purchaser, narst: (i) comply with any and all applicable Labor Law requirements, including, without limitation, requirements for payment ofprevailing wage rates, inspection and submittal (electronically, as required) ofpayroll records, interview(s) of workers, et cetera; (ii) ensure that its Subcontractors are aware of and comply with the Labor Law requirements; (in) in connection with Labor Law compliance matters, cooperate with the DIR, the Purchaser and other entities with competent jurisdiction; and (iv) post all job -site notices required by law in connection with the Installation Work, including, without limitation, postings required by DIR regulations. A Subcontractor that has been debarred in accordance with the Labor Code, including, without limitation, pursuant to Sections 1777.1 or 1777.7, is not eligible to bid on, perform or contract to perform any portion of the Installation Work. Wage rates for the Installation Work shall be in accordance with the general prevailing rates of per -diem wages detemvned by the Director of Industrial Relations pursuant to Labor Code Section 1770. The following Labor Code sections are by this reference incorporated into and are a fully operative part of the Contract, and Provider shall be responsible for compliance therewith:
(a) Section 1735: Anti -Discrimination Requirements;