PC R 13-2197 RESOLUTION NO. 13-2197
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ARROYO GRANDE APPROVING
CONDITIONAL USE PERMIT 13-005; LOCATED AT 150 EL
CAMINO REAL (APNs 006-311-081 & 006-311-020);
APPLIED FOR BY RON GONZALES
WHEREAS, the applicant has filed Conditional Use Permit 13-005 to construct a new
6,000 square-foot commercial building on an undeveloped parcel in the Highway Mixed-
Use (HMU) zoning district; and
WHEREAS, the applicant has proposed to use the new commercial building as a retail
mattress store; and
WHEREAS, the Planning Commission has reviewed the project in compliance with the
California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the Arroyo
Grande Rules and Procedures for Implementation of CEQA and has determined that the
project is exempt per Section 15332 (In-Fill Development Projects) of the CEQA
Guidelines; and
WHEREAS, the Planning Commission of the City of Arroyo Grande has reviewed the
project at a duly noticed public hearing on December 3, 2013; and
WHEREAS, the Planning Commission finds, after due study, deliberation and public
hearing, the following circumstances exist:
Conditional Use Permit Findings:
1. The proposed use is permitted within the subject district pursuant to the
provisions of this section and complies with all the applicable provisions of
this title, the goals, and objectives of the Arroyo Grande General Plan,
and the development policies and standards of the City.
The proposed retail mattress store is allowed in the Highway Mixed-Use
(HMU) zoning district per Section 16.36.030 of the Municipal Code and,is
consistent with development standards for the HMU zoning district per
Municipal Code Section 16.36.020.
2. The proposed use would not impair the integrity and character of the
district in which it is to be established or located.
The proposed retail mattress store would not impair the integrity or
character of the Highway Mixed-Use (HMU) zoning district, as it is
consistent with the stated purpose of the HMU zoning district per
Municipal Code Section 16.36.020(G).
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RESOLUTION NO. 13-2197
DECEMBER 3, 2013
PAGE 2 of 19
3. The site is suitable for the type and intensity of use or development that is
proposed.
The site is suitable for the proposed retail mattress store, as the
development meets applicable development standards relating to parking,
building height, setbacks, and landscaping.
4. There are adequate provisions for water, sanitation, and public utilities
and services to ensure public health and safety.
There are adequate provisions for all utilities and services necessary to
ensure public health and safety.
5. The proposed use will not be detrimental to the public health, safety or
welfare or materially injurious to properties and improvements in the
vicinity.
The proposed use will not be detrimental to the public health, safety or
welfare, nor will it be materially injurious to properties or improvements in
the vicinity as it will comply with all applicable codes and standards.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Arroyo Grande hereby approves Conditional Use Permit 13-005, as presented to the
Planning Commission on December 3, 2013 and as shown in Exhibits B1-B3 on file in the
Community Development Department and incorporated herein by this reference as
though set forth in full, with the above findings and subject to the conditions as set forth in
Exhibit"A", attached hereto and incorporated herein by this reference.
On motion by Commissioner Sperow, seconded by Commissioner Keen, and by the
following roll call vote, to wit:
AYES: Sperow, Keen, Martin
NOES: None
ABSENT: None
the foregoing Resolution was adopted this 3rd day of December, 2013
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RESOLUTION NO. 13-2197
DECEMBER 3, 2013
PAGE 3of19
I
ATTEST:
- -
3,/,/1.0 �I
DEBBIE WEICHiNGER JOAN KEEN
SECRETARY TO THE COMMISSION PLANNING COMMISSIONER
AS TO CONTENT:
TE SA CCLISH
COtcIIMUNITY DEVELOPMENT DIRECTOR
I
•
RESOLUTION NO. 13-2197
DECEMBER 3, 2013
PAGE 4 of 19
EXHIBIT `A' II
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT 12-005
• 150 EL CAMINO REAL (APNs 006-311-081 & 006-311-020)
This approval authorizes the construction of a 6,000 square-foot commercial building
and the establishment of a retail mattress store pursuant to the following conditions:
PLANNING DIVISION CONDITIONS
GENERAL CONDITIONS
1. The applicant shall ascertain and comply with all Federal, State, County and City
requirements as are applicable to this project.
2. The applicant shall comply with all conditions of approval for Conditional Use
Permit 13-005.
3. Development shall occur in substantial conformance with the plans presented to
the Planning Commission at their meeting of December 3, 2013.
4. The applicant shall agree to indemnify and defend at his/her sole expense any
action brought against the City, its present or former agents, officers, or employees
because of the issuance of said approval, or in any way relating to the
implementation thereof, or in the alternative, to relinquish such approval. The
applicant shall reimburse the City, its agents, officers, or employees, for any court
costs and attorney's fees which the City, its agents, officers or employees may be
required by a court to pay as a result of such action. The City may, at its sole
discretion, participate at its own expense in the defense of any such action but
such participation shall not relieve applicant of his/her obligations under this
condition.
5. Development shall conform to the Highway Mixed-Use (HMU) zoning district
standards except as otherwise approved.
6. All conditions of approval for the project shall be printed on and included in
construction drawings.
7. Signage shall be subject to the requirements of Chapter 16.60 of the Development
Code and all appropriate permitting. Prior to issuance of a building permit, all
illegal signs shall be removed.
8. Setbacks, lot coverage, and floor area ratios shall be as shown on the
development plans including those specifically modified by these conditions.
9. The developer shall comply with Development Code Chapter 16.56, "Parking and
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DECEMBER 3, 2013
PAGE 5 of 19
Loading Requirements". All parking spaces adjacent to a wall, fence, or property
line shall have a minimum width of 11 feet.
10. Noise resulting from construction and operational activities shall conform to the
standards set forth in Chapter 9.16 of the Municipal Code. Construction activities
shall be restricted to the hours of 7 AM and 5 PM Monday through Friday. No
construction shall occur on Saturday or Sunday.
11. At the time of application for construction permits, the applicant shall provide
details on any proposed exterior lighting, if applicable. The lighting plan shall
include the height, location, and intensity of all exterior lighting consistent with
Section 16.48.090 of the Development Code. All lighting fixtures shall be shielded
so that neither the lamp nor the related reflector interior surface is visible from
adjacent properties. All lighting for the site shall be downward directed and shall
not create spill or glare to adjacent properties. All lighting shall be energy efficient
(e.g. LED).
12. All new construction shall utilize fixtures and designs that minimize water and
energy usage. Such fixtures shall include, but are not limited to, low flow
showerheads, water saving toilets, instant water heaters and hot water
recirculating systems. Water conserving designs and fixtures shall be installed
prior to final occupancy.
13. Landscaping in accordance with the approved landscaping plan shall be installed
or bonded for before final building inspection/establishment of use. The landscape
and irrigation plan shall be prepared by a licensed landscape architect subject to
review and approval by the Community Development and Public Works
Departments. The landscape plan shall be in conformance with Development
Code Chapter 16.84 (Water Efficient Landscape Requirements) and shall include
the following:
a. Tree staking, soil preparation and planting detail;
b. The use of landscaping to screen ground-mounted utility and mechanical
equipment;
c. The required landscaping and improvements. This includes:
i. Deep root planters shall be included in areas where trees are within
five feet (5') of asphalt or concrete surfaces and curbs;
ii. Water conservation practices including the use of low flow heads,
drip irrigation, mulch, gravel, drought tolerant plants.
iii. An automated irrigation system using smart controller (weather
RESOLUTION NO. 13-2197
DECEMBER 3, 2013
PAGE 6 of 19
based) technology.
I
iv. The selection of groundcover plant species shall include native
plants.
v. Linear planters shall be provided in parking areas.
vi. Turf areas shall be limited in accordance with Section 16.84.040 of
the Development Code.
14. The developer shall paint a test patch on the building including all colors. The
remainder of the building may not be painted until inspected by the Community
Development Department to verify that colors are consistent with the approved
color board. A 48-hour notice is required for this inspection.
15. All new electrical panel boxes shall be installed inside the building(s).
16. All Fire Department Connections (FDC) shall be located near a fire hydrant,
adjacent to a fire access roadway, away from the public right-of-way, incorporated
into the design of the site, and screened to the maximum extent feasible.
17. Double detector check valve assemblies shall be located directly adjacent to or
within the respective building to which they serve.
18. All ducts, meters, air conditioning equipment and all other mechanical equipment,
whether on the ground, on the structure or elsewhere, shall be screened from
public view with materials architecturally compatible with the main structure. It is
especially important that gas and electric meters, electric transformers, and large
water piping systems be completely screened from public view. All roof-mounted
equipment which generates noise, solid particles, odors, etc., shall cause the
objectionable material to be directed away from residential properties.
19. All conditions of this approval run with the land and shall be strictly adhered to,
within the time frames specified, and in an on-going manner for the life of the
project. Failure to comply with these conditions of approval may result in an
immediate enforcement action. If it is determined that violation(s) of these
conditions of approval have occurred, or are occurring, this approval may be
revoked pursuant to Development Code Section 16.08.100.
SPECIAL CONDITIONS
20. The new retaining wall shall match the existing site retaining wall in terms of color,
materials, and design.
21. The property owner or his/her designee shall be responsible for maintaining the
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DECEMBER 3, 2013
PAGE 7of19
site retaining walls in a clean, graffiti free manner at all times.
22. A three foot (3') earthen berm or other landscaping shall be included around the
perimeter of the parking lot to screen it from public view and block headlights from
spilling out onto roadways, to the satisfaction of the Community Development
Director.
BUILDING AND LIFE SAFETY DIVISION AND FIRE DEPARTMENT CONDITIONS
GENERAL CONDITIONS:
BUILDING CODES
23. The project shall comply with the most recent editions of the California State Fire
and Building Codes and the International Building and Fire Codes as adopted by
the City of Arroyo Grande.
DISABLED ACCESS
24. Provide complete compliance with State and Federal disabled access
requirements.
FIRE LANES
25. Prior to issuance of a certificate of occupancy, the applicant shall post
designated fire lanes, per Section 22500.1 of the California Vehicle Code.
26. All fire lanes must be posted and enforced, per Police Department and Fire
Department guidelines.
FIRE FLOW/FIRE HYDRANTS
27. Project shall have a fire flow based on the California Fire Code appendix III-A.
28. Prior to combustible materials being placed on site, fire hydrants shall be installed
& operational, per Fire Department and Public Works Department standards.
SECURITY KEY BOX
29. The applicant shall provide an approved "security key vault" per Building and Life
Safety Division and Fire Department guidelines and per the California Fire Code.
FIRE SPRINKLERS
30. Prior to Occupancy, all buildings must be fully sprinklered per Building and Life
Safety Division and Fire Department guidelines.
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31. Provide Fire Department approved access & sprinkler-system per National Fire
Protection Association Standards.
FEES
32. Pay all required City fees at the time they are due (for your information, the
"Procedure for Protesting Fees, Dedications, Reservations or Exactions" is
provided below).
33. Water Meter, service main, distribution, and availability fees, to be based on
codes and rates in effect at the time of building permit issuance.
34. Water neutralization fee, to be based on codes and rates in effect at the time of
building permit issuance.
35. Traffic Impact fee, to be based on codes and rates in effect at the time of
building permit issuance.
36. Traffic Signalization fee, to be based on codes and rates in effect at the time of
building permit issuance.
37. Sewer hook-up & facility Permit fees, to be based on codes and rates in effect at
the time of building permit issuance.
38. - Building Permit fees, to be based on codes and rates in effect at the time of
building permit issuance.
39. Strong Motion Instrumentation Program (SMIP) fee and State Green Building
fee, to be based on codes and rates in effect at the time of building permit
issuance in accordance with State mandate.
40. Park Development fee, to be based on codes and rates in effect at the time of
building permit issuance.
41. Park Improvements fee, to be based on codes and rates in effect at the time of
building permit issuance.
42. Community Centers fee, to be based on codes and rates in effect at the time of
building permit issuance.
43. Fire Protection fee, to be based on codes and rates in effect at the time of building
permit issuance.
44. Police Facilities fee, to be based on codes and rates in effect at the time of
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DECEMBER 3, 2013
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building permit issuance.
45. Impact fees to specific capital improvement projects as determined by the Director
of Community Development.
PROCEDURE FOR PROTESTING FEES, DEDICATIONS, RESERVATIONS OR
EXACTIONS:
(A) Any party may protest the imposition of any fees, dedications, reservations, or
other exactions imposed on a development project, for the purpose of defraying
all or a portion of the cost of public facilities related to the development project by
meeting both of the following requirements:
(1) Tendering any required payment in full or providing satisfactory evidence of
arrangements to pay the fee when due or ensure performance of the
conditions necessary to meet the requirements of the imposition.
(2) Serving written notice on the City Council, which notice shall contain all of
the following information:
(a) A statement that the required payment is tendered or will be
tendered when due, or that any conditions which have been imposed
are provided for or satisfied, under protest.
(b) A statement informing the City Council of the factual elements of
the dispute and the legal theory forming the basis for the protest.
(B) A protest filed pursuant to subdivision (A) shall be filed at the time of the
approval or conditional approval of the development or within 90 days after the
date of the imposition of the fees, dedications, reservations, or other exactions to
be imposed on a development project.
(C) Any party who files a protest pursuant to subdivision (A) may file an action to
attack, review, set aside, void, or annul the imposition of the fees, dedications
reservations, or other exactions imposed on a development project by a local
agency within 180 days after the delivery of the notice.
(D) Approval or conditional approval of a development occurs, for the purposes of
this section, when the tentative map, tentative parcel map, or parcel map is
approved or conditionally approved or when the parcel map is recorded if a
tentative map or tentative parcel map is not required.
(E) The imposition of fees, dedications, reservations, or other exactions occurs, for
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DECEMBER 3, 2013
PAGE 10 of 19
the purposes of this section, when they are imposed or levied on a specific
development.
ENGINEERING DIVISION CONDITIONS
GENERAL CONDITIONS
48. The developer shall be responsible during construction for cleaning City streets,
curbs, gutters and sidewalks of dirt tracked from the project site. The flushing of
dirt or debris to storm drain or sanitary sewer facilities shall not be permitted.
The cleaning shall be done after each day's work or as directed by the Director
of Public Works, the Community Development Director or his/her representative.
49. Perform construction activities during normal business hours (Monday through
Friday, 7 A.M. to 5 P.M.) for noise and inspection purposes. The developer or
contractor shall refrain from performing any work other than site maintenance
outside of these hours, unless an emergency arises or approved by the
Community Development Director. The City may hold the developer or contractor
responsible for any expenses incurred by the City due to work outside of these
. hours.
50. Trash enclosure area(s) shall have a roof structure (grease trap) to reduce
stormwater pollution runoff.
• 51. Trash enclosure area(s) shall be screened from public view, and shall be reserved
exclusively for dumpster and recycling container storage. Interior vehicle
travelways shall be designed to be capable of withstanding loads imposed by trash
trucks.
IMPROVEMENT PLANS
•
52. All project improvements shall be designed and constructed in accordance with the
City of Arroyo Grande Standard Drawings and Specifications.
53. Submit three (3) full-size paper copies and one (1) full-size mylar copy of approved
improvement plans for inspection purposes during construction.
54. Submit as-built plans at the completion of the project or improvements as directed
by the Community Development Director. One (1) set of mylar prints and an
electronic version on CD in AutoCAD format shall be required.
55. Improvement plans (including the following) shall be prepared by a registered Civil
RESOLUTION NO. 13-2197
DECEMBER 3, 2013
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Engineer or qualified specialist licensed in the State of California and approved by
the Public Works or Community Development Department:
a. Grading, drainage and erosion control.
b. Street paving, curb, gutter and sidewalk.
c. Public utilities.
d. Water and sewer.
e. Landscaping and irrigation.
f. Other improvements as required by the Community Development Director.
(NOTE: All plan sheets must include City standard title blocks)
56. The site plan shall include the following:
a. The location and size of all existing and proposed water, sewer, and storm
drainage facilities within the project site and abutting streets or alleys.
b. The location, quantity and size of all existing and proposed sewer laterals.
c. The location, size and orientation of all trash enclosures.
d. All existing and proposed parcel lines and easements crossing the property.
e. The location and dimension of all existing and proposed paved areas.
f. The location of all existing and proposed public or private utilities.
57. Improvement plans shall include plan and profile of existing and proposed streets,
utilities and retaining walls.
58. Landscape and irrigation plans are required within the public right of way, and shall
be approved by the Public Works Director. In addition, the Public Works Director
shall approve any landscaping or irrigation within a public right-of-way or otherwise
to be maintained by the City.
59. Demonstrate interior vehicular access and driveway aisles meet safe
delivery/trash/emergency truck turning radii access throughout site.
60. Prior to approval of an improvement plan the applicant shall enter into an
agreement with the City for inspection of the required improvements.
WATER
61. Construction water is available at the corporate yard. The City of Arroyo Grande
does not allow the use of hydrant meters.
62. A Reduced Pressure Principle (RPP) backflow device is required on all water
lines to the (structure and/or landscape irrigation).
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DECEMBER 3, 2013
PAGE 12 of 19
63. The DDC shall be placed inside the building or adjacent to the building. Other
locations for the DDC shall be approved by the Director or Community
Development.
64. A Double Detector Check (DDC) backflow device is required on the water service
line. Fire Department Connections (FDC) must be remote and locations to be
approved by the Building Official and Fire Chief.
65. The applicant shall complete measures to neutralize the estimated increase in
water demand created by the project by either:
a. Implement an individual water program consisting of retrofitting existing
high-flow plumbing fixtures with low flow devices. The calculations shall be
submitted to the Director of Parks, Recreation and Maintenance for review
and approval. The proposed individual water program shall be submitted to
the City Council for approval prior to implementation; OR,
b. The applicant may pay an in lieu fee for each new residential unit based on
the fees in effect at the time of building permit issuance.
66. Existing water service lateral to be abandoned shall be properly abandoned and
capped at the main in accordance with City Standards and the requirements of the
Director of Public Works.
67. Buildings required to use automatic fire sprinkler systems shall have individual
service connections. A fire sprinkler engineer shall determine the size of the fire
services needed for each building.
68. A separate meter is required to serve the commercial building. The size of the
meter is to be determined by a registered professional engineer.
SEWER
69. The applicant shall extend the sewer main to adequately serve the project across
the property frontage, if needed.
70. All new sewer mains must be a minimum diameter of 8 inches.
71. All sewer laterals within the public right-of-way or easement must have a minimum
slope of 2%.
72. All sewer mains or laterals crossing or parallel to public water facilities shall be
constructed in accordance with City standards.
73. Existing sewer laterals to be abandoned shall be properly abandoned and capped
at the main per the requirements of the Director of Public Works.
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DECEMBER 3, 2013
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74. Obtain approval from the South County Sanitation District for the development's
impact to District facilities prior to construction permit issuance.
PUBLIC UTILITIES
75. The developer shall comply with Development Code Section 16.68.050: All
projects that involve the addition of over 100 square feet of habitable space shall
be required to place service connections underground - existing and proposed
utilities.
76. Underground improvements shall be installed prior to street paving.
77. The Improvement Plans shall be submitted to the public utility companies for
review and comment. Utility comments shall be forwarded to the Public Works
Director for approval.
78. Street lights shall be placed 200' — 250' apart on streets 40' or less in width. On
streets greater than 40' in width, a street lighting plan shall be designed and
submitted to the Community Development Director for approval.
II 79. Prior to approving any building permit within the project for occupancy, all public
utilities shall be operational.
STREET IMPROVEMENTS
80. Obtain approval from the Public Works Director prior to excavating in any street
recently over-laid or slurry sealed. The Director shall approve the method of repair
of any such trenches, but shall not be limited to an overlay, slurry seal, or fog seal.
81. All trenching in City streets shall utilize saw cutting. Any over cuts shall be cleaned
and filled with epoxy.
82. All street repairs shall be constructed to City standards.
83. Street structural sections shall be determined by an R-Value soil test, but shall not
be less than 3" of asphalt and 6" of Class II AB.
84. Construct 2-inch overlay of Type B asphalt pavement over all trench cuts to the
centerline of the street per City Standard 135-AG.
85. Grind all overlay areas 2 inches to facilitate matching the overlay to the existing
grade.
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DECEMBER 3, 2013
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CURB, GUTTER, AND SIDEWALK
86. Install new concrete curb, gutter, and sidewalk as directed by the Community
Development Director and Public Works Director.
87. Color any such new facilities as directed by the Community Development Director.
88. Utilize saw cuts for all repairs made in curb, gutter, and sidewalk.
89. Install ADA compliant facilities where required.
90. Install tree wells with root barriers for all trees planted adjacent to curb, gutter and
sidewalk to prevent damage due to root growth.
91. Any sections of damaged or displaced curb, gutter & sidewalk or driveway
approach shall be repaired or replaced to the satisfaction of the Public Works
Director.
92. Construct new driveway approach in accordance with Title 24 of the California
Building Code, Chapter 11.
93. Install root barriers for all trees planted adjacent to curb, gutter and sidewalk to
prevent damage due to root growth.
GRADING AND DRAINAGE
94. PRIOR TO ISSUANCE OF A GRADING PERMIT, the developer shall submit two
. (2) copies of the final project-specific Storm Water Pollution Prevention Plan
(SWPPP) or a Water Quality Control Plan (WQCP) consistent with the San Luis
Obispo Regional Water Quality Control Board (RWCB) requirements.
95. All grading shall be performed in accordance with the City Grading Ordinance.
96. Submit a preliminary soils report prepared by a registered Civil Engineer and
supported by adequate test borings. All earthwork design and grading shall be
performed in accordance with the approved soils report.
97. Submit all retaining wall calculations for review and approval by the Community
Development Director for walls not constructed per City standards. The developer
shall verify that the existing retaining wall is capable of supporting the surcharge
the new parking area will imposed on the wall.
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DECEMBER 3, 2013
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98. The floor of the trash enclosure shall slope to the back of the enclosure so as not
to allow storm water to be released to the parking lot and shall be provided with a
drain inlet connected to the grease interceptor or to a landscape area for filtration.
99. All drainage facilities shall be designed to accommodate a 100-year storm flow.
100. All drainage facilities shall be in accordance with the Drainage Master Plan.
101. Infiltration basins shall be designed based on soil tests. Infiltration test shall
include a minimum of 2 borings 15 feet below the finished basin floor. Additional
borings or tests may be required if the analysis or soil conditions are
inconclusive.
102. The applicant shall submit an engineering study regarding flooding related to the
project site. The study shall be approved by the Director of Public Works. Any
portions of the site subject to flooding from a 100-year storm shall be shown on
the tentative map or other recorded document, and shall be noted as a building
restriction.
103. The existing onsite drainage system may need to be removed. This system
cannot be used to discharge the project's runoff without treating the runoff first.
DEDICATIONS AND EASEMENTS
104. All easements, abandonments, lot mergers or similar documents to be recorded as
a separate document, shall be prepared by the applicant on 8 1/2 x 11 City
standard forms, and shall include legal descriptions, sketches, closure
calculations, and a current preliminary title report. The applicant shall be
responsible for all required fees, including any additional required City processing.
105. Street tree planting and maintenance easements shall be dedicated adjacent to all
street right of ways. Street tree easements shall be a minimum of 10 feet beyond
the right of way, except that street tree easements shall exclude the area covered
by public utility easements.
106. A pedestrian access easement will be required for any sidewalk extension outside
of the City's right-of-way.
107. The property appears to have two APN numbers. If future project modifications
require it, a lot merger will be required.
PERMITS
108. Obtain an encroachment permit prior to performing any of the following:
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DECEMBER 3, 2013
PAGE 16 of 19
a. Performing work in the City right of way,
• b. Staging work in the City right of way,
c. Stockpiling material in the City right of way,
d. Storing equipment in the City right of way.
109. Obtain a grading permit prior to commencement of any grading operations on site.
FEES
110. Pay all required City fees at the time they are due.
111. Fees to be paid prior to plan submittal:
a. Plan check for grading plans based on an approved earthwork estimate.
b. Plan check for improvement plans based on an approved construction cost
estimate.
c. Permit Fee for grading plans based on an approved earthwork estimate.
d. Inspection fee of subdivision or public works construction plans based on
an approved construction cost estimate.
112. Fees to be paid prior to issuance of a building permit:
a. Water Neutralization fee, to be based on codes and rates in effect at the
time of building permit issuance, involving water connection or
enlargement of an existing connection.
b. Water Distribution fee, to be based on codes and rates in effect at the
time of building permit issuance, in accordance with Municipal Code
Section 13.04.030.
c. Water Meter charge to be based on codes and rates in effect at the time
of building permit issuance, in accordance with Municipal Code 6-7.22.
d. Inspection fee of subdivision or public works construction plans based on
an approved construction cost estimate.
AGREEMENTS
113. Inspection Agreement: Prior to approval of an improvement plan, the applicant
shall enter into an agreement with the City for inspection of the required
improvements.
114. Improvement Agreement: The developer shall enter into an agreement for the
completion and guarantee of improvements required. The agreement shall be on
a form acceptable to the City.
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DECEMBER 3, 2013
PAGE 17 of 19
IMPROVEMENT SECURITIES
115. All improvement securities shall be of a form as set forth in Development Code
Section 16.68.090, Improvement Securities.
116. Submit an engineer's estimate of quantities for public improvements for review by
the Community Development Director.
117. Provide financial security for the following, to be based upon a construction cost
estimate approved by the Community Development Director:
a. Faithful Performance: 100% of the approved estimated cost of all public
improvements,
b. Labor and Materials: 50% of the approved estimated cost of all public
improvements
c. One Year Guarantee: 10% of the approved estimated cost of all public
improvements. This bond is required prior to acceptance of the subdivision
improvements.
OTHER DOCUMENTATION
118. Tax Certificate: The applicant shall furnish a certificate from the tax collector's
office indicating that there are no unpaid taxes or special assessments against the
property. The applicant may be required to bond for any unpaid taxes or liens
against the property. This shall be submitted prior to placing the lot merger on the
City Council Agenda for approval.
119. Preliminary Title Report: A current preliminary title report shall be submitted to the
Community Development Director prior to checking the lot merger.
TREE PRESERVATION/TREE REMOVAL PLAN
120. Prior to issuance of grading permit and during construction the applicant shall
comply with the provisions of Ordinance 431 C.S., the Community Tree Ordinance.
121. Prior to issuance of a grading or building permit, the developer shall submit a
tree preservation and tree removal plan to the Director of Public Works/City
Arborist for undeveloped parcels or lots with trees. The plan shall include the
location, size and species of all trees located on the lot or on adjoining lots, where
development could affect the roots or limbs of trees on adjacent property.
122. All significant trees to be removed as designated by the Director of Public
III Works/City Arborist shall be replaced at a 3:1 ratio and planted on site. With the
approval of the Public Works Director, tree removal shall be mitigated by planting
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DECEMBER 3, 2013
PAGE 18 of 19
on site, off-site, or payment of in-lieu fees (at the current street tree fee rate for a
II
15 gallon tree). Larger trees may be required to mitigate tree removal. Prior to
issuance of a grading permit, all trees shall be planted or fees paid.
123. Prior to issuance of a grading permit, all trees to remain on site shall be marked
with paint/ribbon and protected by a five (5') foot vinyl or chain link fence. The
fence shall be located at a minimum of eight (8') foot radius from the trunk of the
tree.
124. All trees on the construction site to be preserved shall be protected under the
conditions of the Community Tree Ordinance (431 C.S.) which include but are not
limited to:
a. No mechanical trenching within the drip line of a tree, unless approved
by the Public Works Director.
b. No storage of equipment, supplies, tools, etc., within 8' of the trunk of
any tree.
c. No grading shall occur under a trees dripline, unless approved by the
Public Works Director.
d. A five foot (5') protective fence shall be constructed a minimum of 8'
from the trunk of each tree.
125. All trees to be pruned shall be pruned under supervision of a Certified Arborist
using the International Society of Agricultural Pruning Standards.
POLICE DEPARTMENT CONDITIONS
126. Prior to issuance of building permit, applicant to submit exterior lighting plan for
Police Department approval.
127. Prior to issuance of a certificate of occupancy, the applicant shall post
handicapped parking, per Police Department requirements.
128. Prior to issuance of a certificate of occupancy, the applicant shall install a
burglary [or robbery] alarm system per Police Department guidelines, and pay the
Police Department alarm permit application fee of ($94.00). Annual renewal fee is
$31.00.
ARCHITECTURAL REVIEW COMMITTEE CONDITIONS
129. Prior to the issuance of a building permit, the following items shall be reviewed
by the Architectural Review Committee:
RESOLUTION NO. 13-2197
DECEMBER 3, 2013
PAGE 19 of 19
IIa. The design of the trash enclosure, including a solid roof, sturdy gate,
and stucco to match the building.
b. Replacement of the two (2) Brisbane Box with one (1) Queen Palm on
the final landscape plan.
c. The restoration of seven (7) trees planted to the northwest of the
driveway, with alternating species of Coast Live Oak and Chinese
Pistache on the final landscape plan.
d. Twenty percent (20%) of the south elevation to include climbing vines
and trellising or similar screening shrubs.
PLANNING COMMISSION CONDITIONS
130. Any outdoor storage area shall be designated and properly screened from public
view at all times.
131. No delivery truck parking or unloading shall occur within the public right-of-way.
The project description does not include large truck loading or deliveries. Any
changes regarding the need for on-site truck delivers shall be approved by the
Director of Community Development.
132. The applicant shall record a License Agreement for vehicular overhang, installation
and maintenance of landscaping, and installation and maintenance of drainage
facilities in the public right-of-way, to the satisfaction of the City Attorney.
133. Twenty percent (20%) of the south elevation shall include climbing vines and
trellising extending to the top of the roof parapets, or similar screening shrubs.
134. Prior to the issuance of a building permit, the applicant shall submit details of
additional trellising on the south and west building elevations and further
articulation of the west elevation for design review by the Architectural Review
Committee for a recommendation to the Planning Commission.
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PRELIM.WEST ELEVATION
31 0A3 •
. .. . ..._.__ . .. . • • . •• • • • " - _ - - • ••-•-••• " . ..... .. . ..._ . . . . _ . . . _ .... .. . . . .. ... . . • • .. . _ ..