PC 2019-04-16_08a Hinesley Mixed Use CUP
MEMORANDUM
TO: PLANNING COMMISSION
FROM: TERESA McCLISH, COMMUNITY DEVELOPMENT DIRECTOR
BY: ANDREW PEREZ, ASSISTANT PLANNER
SUBJECT: CONSIDERATION OF LOT MERGER 18-001 AND CONDITIONAL USE
PERMIT 18-007; PHASED DEVELOPMENT OF NINE (9) TWO-STORY
APARTMENT UNITS AND CONSTRUCTION OF A NEW TWO-STORY
MIXED-USE STRUCTURE, INCLUDING 2,025 SQUARE FEET OF
COMMERCIAL SPACE AND A 2,321 SQUARE FOOT APARTMENT;
LOCATION – 1214 E. GRAND AVENUE & 181 N. ELM STREET;
APPLICANT – FLOYD HINESLEY; REPRESENTATIVES – CODY
MCLAUGHLIN& FRED PORTER
DATE: APRIL 16, 2019
SUMMARY OF ACTION:
Approval of the project would result in the construction of a mixed-use development
consisting of ten (10) new multi-family dwelling units, and 2,025 square feet of commercial
space in the Gateway Mixed-Use zoning district.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
There are no direct impacts to City financial and personnel resources as a result of the
proposed project.
RECOMMENDATION:
It is recommended that the Planning Commission adopt of a resolution approving the
proposed project.
BACKGROUND:
The project site consists of two properties in a somewhat “L” shaped configuration located
at 181 N. Elm Street, and 1214 E. Grand Avenue (Attachment 1). The project site is
moderately sloped toward E. Grand Avenue and relatively devoid of landscaping . The
applicant is proposing to merge the two properties and develop a ten (10) new multi-family
residential units and 2,025 square feet of commercial space . The properties are currently
developed with a 372 square foot commercial building on the E. Grand Avenue frontage,
which is proposed for demolition, and an 1,749 square foot, single family dwelling on the
N. Elm Street frontage, which is proposed to remain. Both parcels are zoned Gateway
Mixed-Use (GMU). The parcels create the northern and western border of the parcel
where a fast food restaurant is located.
PLANNING COMMISION
CONSIDERATION OF LOT MERGER 18-001 & CONDITIONAL USE PERMIT 18-007
APRIL 16, 2019
PAGE 2
Table 1: Property Statistics
Property Size Existing Use
1214 E. Grand Ave 21,700 sq. ft. 372 sq. ft. Commercial Building
181 N. Elm St. 17,550 sq. ft. 1,749 sq. ft. Single Family Residence
Total 39,250 sq. ft.
Pre-Application Review
The applicant submitted plans for the project for pre-application review on January 12,
2018 to obtain feedback from the Staff Advisory Committee (SAC). Staff identified issues
with utilities and site access, and identified public improvements that would be required
with the approval of the project. The applicant revised the plans based on the information
received, and resubmitted the application now under consideration.
Staff Advisory Committee
The Staff Advisory Committee (SAC) reviewed the proposed project multiple times, and
most recently on January 15, 2019. The SAC discussed a number of items regarding the
project, including the proposed phasing of the project, stormwater requirements, and
utility connections. The SAC also advised the applicant team about required public
improvements on the E. Grand Avenue frontage, driver visibility at the N. Elm Street
driveway and lighting on site. Members of the SAC were in support of the proposed project
and recommended approval of the project to the Planning Commission .
Architectural Review Committee
The Architectural Review Committee (ARC) reviewed the project on February 4, 2019
(Attachment 2). The ARC discussed the proposed phasing of the project, parking,
pedestrian access within the site, and landscaping. The ARC was supportive of the
project, and found it to be an appropriate use of a constrained site and a good fit within
the East Grand Avenue streetscape. The ARC suggested minor alterations to the site
landscaping and the architectural details on the mixed-use structure, both of which have
been incorporated into the current set of plans. The ARC forwarded the project to the
Planning Commission with a recommendation of approval.
ANALYSIS OF ISSUES:
Project Description
The project is proposed to be constructed in two phases over a three (3) year time period
(Attachment 3). Phase One would consist of the construction of the nine (9) multi-family
residential units and five (5) uncovered guest parking spaces, on what is now 181 N. Elm
Street parcel and the northern half of the 1214 E Grand Avenue parcel. Phase Two would
comprise of the construction of the two-story mixed-use building located along the E.
Grand Avenue frontage. Phase Two will also include a new driveway from E. Grand
Avenue leading to a parking area behind the structure with nine (9) automobile parking
spaces. The applicant team estimates that Phase One would break ground in late 2019
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CONSIDERATION OF LOT MERGER 18-001 & CONDITIONAL USE PERMIT 18-007
APRIL 16, 2019
PAGE 3
and be completed by late 2020. Phase Two is estimated to break ground in late 2021 and
be completed by late 2022.
The nine (9) two-story apartments are each proposed to be 1,355 square feet, with the
master suite and a 510 square foot, two-car garage located on the ground floor, and the
kitchen, living room, two additional bedrooms, and a 64 square foot deck on the second
level. The existing two-story house and garage are proposed to remain, and the existing
driveway is proposed to be widened to meet AGMC Section 16.56.100, which requires
driveways that provide access to more than three (3) units to be at least sixteen feet (16’)
wide. The two-story mixed-use building is proposed to be 2,025 square feet of commercial
space on the ground floor, and a 2,321 square foot, three bedroom apartment on the
second floor. A condition of approval has been developed that requires the applicant to
construct the second floor apartment in a way that allows for adaptive reuse as
commercial space.
General Plan
The General Plan designates the subject property for Mixed-Use land uses. The proposed
mixed-use development helps achieve concurrence with the General Plan, including
Objective LU5 and Policies LU5-3, LU5-6, LU5-7, LU5-8, and LU11-2 of the Land Use
Element, Policy ED3-3 of the Economic Development Element, and Goal A.5 of the
Housing Element, which state:
LU5: Community commercial, office, residential and other compatible land uses shall be
located in Mixed-Use (MU) areas and corridors, both north and south of the freeway, in
proximity to major arterial streets.
LU5-3: Ensure that all projects developed in the MU areas include appropriate site
planning and urban design amenities to encourage travel by walking, bicycling and public
transit.
LU5-6: Allowable uses within the MU category shall not include uses that adversely affect
surrounding commercial or residential uses, or contribute to the deterioration of existing
environmental conditions in the area.
LU5-7: Plan for a revitalized East Grand Avenue Mixed -Use corridor that has less of a
strip-commercial aspect and more coordinated, mixed -use boulevard ambiance with
distinct activity subareas including “Gateway, Midway and Highway” districts
LU5-8: Provide for different combinations, configurations and mixtures of commercial,
office and residential uses designating the East Grand Avenue, El Camino Real and
Traffic Way corridors as Mixed-Use (MU).
LU11-2: Require that new development should be designed to create pleasing transitions
to surrounding development.
PLANNING COMMISION
CONSIDERATION OF LOT MERGER 18-001 & CONDITIONAL USE PERMIT 18-007
APRIL 16, 2019
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ED3-3: Incorporate zoning regulations that promote infill development with opportunities
for retaining and expanding businesses.
A.5: The City shall encourage housing compatible with commercial and office uses and
promote “mixed-use” and “village core” zoning districts to facilitate integration of
residential uses into such areas
Development Standards
The subject properties are zoned GMU. The primary purpose of the GMU district is to
provide for the combination of financial institutions, retail, office and commercial uses and
multi-family residences with retail and other pedestrian-oriented uses on the ground floors
of structures fronting E. Grand Avenue, and residential units or offices allowed on upper
floors. The following table shows how the proposed pro ject would comply with the
development standards of the GMU zone:
Table 2: Site Development Standards for the GMU Zoning District
Development
Standards GMU District CUP 18-007 Notes
Maximum Density –
Mixed-Use Projects
25 dwelling units/acre
(based on gross
project area).
11.5 dwelling
units/acre Code Met
Minimum Lot Size 20,000 sq. ft. gross 39,250 sq. ft. Code Met
Minimum Lot Width 100 feet E Grand Ave: 70 ft.
N Elm St: 135 ft.
E. Grand Ave
frontage is
legally non-
conforming
N Elm frontage
meets code.
Front Yard Setback
0 - 10 feet. Exceptions
for larger setbacks
may include entrance
courtyards, areas for
outdoor dining, or for
projects facing a
residential district as
determined through
discretionary review.
E Grand Ave: 9 ft.
N Elm St: 10 ft.
Code Met
Rear Yard Setback
0 – 15 feet.
Parking encouraged.
For projects abutting a
residential district,
corresponding
E Grand Ave: 40 ft
(North)
N Elm St: 35 ft.
(West)
Code Met
PLANNING COMMISION
CONSIDERATION OF LOT MERGER 18-001 & CONDITIONAL USE PERMIT 18-007
APRIL 16, 2019
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Development
Standards GMU District CUP 18-007 Notes
residential setback
shall apply.
Side Yard Setback
0 – 5 feet. For projects
abutting a residential
district, corresponding
residential setback
shall apply.
Phase 1:
16’7” (North)
12’2” (South)
Phase 2:
1’ (West)
24’ (East)
Code Met.
Building Height
Maximum height is 35
feet of three stories
whichever is less
Max height:
Phase 1: 27’8”
Phase 2: 28’2”
Code Met
Building Size Limits Maximum building size
is 102,500 square feet.
Max Building Size:
Phase 1: ~6,000 sf
Phase 2: 2,025 sf
Code met
Site Coverage Maximum Coverage of
site is 75% Total: 34% Code Met
Floor Area Ratio Maximum floor area
ratio is 1.50 .57 Code Met
As identified above, the proposed project meets all applicable development standards of
the GMU zoning district as specified by the Development Code.
Density
The maximum density for a mixed-use project in the GMU zoning district is 25 dwelling
units per acre. The 39,250 square foot (.90 acre) site can accommodate up to 22.5 density
equivalent units. Per the AGMC, residential density for mixed-use parcels is calculated
differently than exclusively single- and multi-family residential zoning districts. Mixed-use
densities are determined by using the following table, from AGMC Section 16.36.030.C:
Table 3: Density Equivalent Units
Residential Dwelling Unit Type Density Equivalent
Live/Work Unit .5
Studio .5
1-bedroom .75
2-bedroom 1
3-bedroom 1.5
4-bedroom 2
The project proposes ten (10) new dwelling units and one (1) existing single family
residence, which results in a density equivalency of 16 dwelling units, as outlined below:
PLANNING COMMISION
CONSIDERATION OF LOT MERGER 18-001 & CONDITIONAL USE PERMIT 18-007
APRIL 16, 2019
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Table 4. Proposed Project Density
Unit Type Number of
Units Density Equivalent per Unit Total
2-Bedroom SFD 1 (existing) 1 1
3-Bedroom (Phase 1) 9 1.5 13.5
3-Bedroom (Phase 2) 1 1.5 1.5
Total 16
Attainable Housing
In the 2013 General Plan Housing Element update, the City identified the importance of
providing housing to workers who are increasingly finding housing to be financially out of
reach. This can cause issues for local businesses when they cannot re cruit or retain
qualified employees. The Housing Element considers this problem to be an issue of
“Attainable Housing”. Policy A.14 mandates that the City shall promote infill housing
opportunities through an attainable housing program. While the AGMC h as not yet been
amended to include a formal definition of “Attainable Housing”, the Housing Element
identifies qualities anticipated to be part of the definition, including:
Projects in mixed-use districts;
Infill projects;
Projects that include elements that exceed the mandatory California Green
Building Code Standards in Title 24;
Projects that include universal design elements;
Projects including single-room occupancy units; and
Projects with a high percentage of rental units.
Under this outline of “Attainable Housing”, the proposed project meets four of these
qualities and fills an important housing market niche in the community. Additionally, the
project will pay its proportional share of affordable housing in-lieu fees to help develop
affordable housing projects elsewhere in the City.
Access and Parking
Section 16.56.060 of the AGMC requires parking for the project at a rate of two (2)
covered spaces for each residential unit, and an additional 0.5 spaces per unit for guest
parking when the development contains four (4) or more units. However, in a mixed-use
project, the required parking for the residential component does not have to be covered.
Each of the nine (9) apartments in Phase One of the project are proposed to have their
own two-car garage, and an additional five (5) uncovered parking spaces are proposed
to be located to the west of the apartments to meet the guest parking requirement for the
entire development. The existing driveway off of N. Elm Street is proposed to be widened
in order to provide access to the parking areas and emergency access. The existing
garage for the single family residence is proposed to remain.
Phase Two consists of a two-story structure with a three-bedroom apartment above a
2,025 square foot commercial unit. The AGMC requires commercial parking be provided
PLANNING COMMISION
CONSIDERATION OF LOT MERGER 18-001 & CONDITIONAL USE PERMIT 18-007
APRIL 16, 2019
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at a rate of one (1) space for every 250 square feet of gross floor area , and as previously
noted, the parking requirement for the three-bedroom apartment is two spaces. A
driveway off of E. Grand Avenue would provide access to nine (9) uncovered parking
spaces that will serve both the residential and commercial uses. The proposed project is
deficient of parking required by the AGMC by one (1) space; however, AGMC Section
16.56.050 allows the total parking requirement to be reduced to eighty (80) percent of the
required standard for shared uses. After application of the parking reduction, the site has
a surplus of six (6) parking spaces. It is not anticipated that the practical application of the
shared parking reduction will be create a parking shortage due to the nature of the mixed-
use development. The residential component is likely to have the demand for parking in
the early morning and overnight hours, when a commercial operation would be closed for
business, therefore reducing the likelihood for competition for parking spaces and an
actual parking shortage. Additionally, the garage parking for the nine (9) apartments will
be conditioned to be utilized for parking by the residents and not for storage, increasing
the likelihood that uncovered parking is used for either guests or clientele of the
commercial space.
A total of 35 parking spaces are required for the proposed project per AGMC, but when
the shared parking reduction is applied a total of 28 parking spaces are required. The
project proposes a total of 34 automobile spaces. These requirements are broken down
in the following table.
Table 5: Parking Calculations
Land Use Development Code
Requirement
Parking
Required
Parking
Provided
Notes
Existing
Single
Family
Residence
2 spaces per unit within an
enclosed garage
2 covered
spaces
2 spaces in
existing
garage
Code met
10 Proposed
Apartment
Units
2 spaces per unit and .5
unit for developments over
four units
20 resident
spaces
5 guest
spaces. 25
total
18 spaces in
private
garages, 2
uncovered for
mixed-use
residential, &
5 guest
spaces
Code met.
2,025 sf
Commercial
Unit
1 parking space per 250
sq. ft. of gross floor area 8 spaces 7 spaces Code not
met
Total 35 spaces 34 spaces Code not
Met
Mixed-Use
Reduction
Provide 80% of required
parking for shared uses 28 spaces 34 spaces Code Met
PLANNING COMMISION
CONSIDERATION OF LOT MERGER 18-001 & CONDITIONAL USE PERMIT 18-007
APRIL 16, 2019
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Traffic
The applicant provided a trip generation analysis for the proposed project to determine
the number of trips this project is anticipated to generate. The projections were calculated
using the daily trip rates found in Trip Generation published by the Institute of Traffic
Engineers. Using the associated rate for each proposed use (single family, apartment,
shopping center/commercial), the analysis found that, as a whole, the project is
anticipated to generate a total of 11 trips during peak A.M. time period, and 15 trips during
peak P.M. time period.
An objective of the Circulation Element of the General Plan is to maintain a Level of
Service ‘C’ for all streets and controlled intersections in the City. A related General Plan
policy requires projects that are anticipated to generate more than 20 peak hour trips in
either the morning or evening rush hour to do additional traffic analysis. As the project is
not anticipated to exceed 20 peak hour trips, no additional analysis is required.
Architecture
The two structures containing the nine (9) new apartments are proposed to have second
story projections and recessed entries to break up the mass of the structure. The
residential buildings do not neatly fit into a particular architectural style, but have
components from a variety of styles. The low-pitched, gable roofs and exposed rafter tails
are components often found in a Craftsman style building. The proposed stucco exterior
walls and tile roofing are characteristics often found in Mediterranean style architecture.
The exposed beams, fascia and exposed rafter tails will be stained a dark walnut, while
the windows will be painted “Stormy Blue”. The buildings will have stucco cladding, with
the trim proposed to be painted “Pacific Sand” and the remainder of the walls to be painted
“Crystal White” (Attachment 4). Each of these two buildings will have a low-pitched roof
and concrete tile roofing. A color and materials board will be available at the meeting.
The mixed-use building on the southern portion of the site is designed in a more modern
style than the residential portion of the project. The buildings would be similar in that they
have second-story projections on three of the four facades to add interest and aesthetic
appeal, and delineate the two floors. Smooth stucco walls are also proposed for this
building, and a reclaimed wood rainscreen will be installed on the southern elevation. The
“Stormy Blue” paint color is proposed the trim, and “White” and “Natural Grey” will be use
on both levels of the building (Attachment 5).
Compliance with Design Guidelines
The project is located in the GMU zoning district, therefore it is subject to the Design
Guidelines and Standards for Mixed-Use Districts (Design Guidelines). The Design
Guidelines encourage projects to locate parking away from E. Grand Avenue and be
shared by multiple users. The nine (9) parking spaces for the mixed-use portion of the
project are located behind the building and shared by the commercial component and the
occupants of the second floor apartment. The mixed-use structure was designed with a
well-articulated front entry and a distinct massing between the two levels, both of which
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APRIL 16, 2019
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are encouraged in the Design Guidelines. The second-story deck provides an overhang
that adds visual interest and further delineates the two levels, which is promoted by the
Design Guidelines for development in the GMU zoning district.
Landscaping
Of the existing eight (8) trees on site, all but one (1) are proposed to be removed. An
existing oak tree that straddles the property line between the subject prop erty and the fast
food property. In addition to the existing trees, three (3) new Pistacia Chinesis trees are
proposed to be planted throughout the site. The N. Elm Street frontage will be improved
with the addition of Nandina Domestica and Leucodendron shrubs on private property.
The E. Grand Avenue frontage will be improved with the addition of Anigozanthos Hybrid
and Festuca Ovina at the back of sidewalk. The existing street trees on E. Grand Avenue
are proposed to remain. Various shrubs and grasses are proposed around the borders of
the structures, perimeter of the site and in parking lot planters.
ALTERNATIVES:
The following alternatives are provided for the Commission’s consideration:
1. Adopt the attached Resolution approving the mixed -use project,
2. Modify as appropriate and adopt the attached Resolution, or
3. Do not adopt the attached Resolution, and provide direction to staff , or
4. Provide direction to staff.
ADVANTAGES:
The project proposes to appropriately develop a commercial site located in the E. Grand
Avenue mixed-use corridor. Development of the site increases the aesthetic appeal of the
site, and will provide housing units at a density that complies with the General Plan. The
development’s design and land uses are an appropriate transition between the residential
uses on N. Elm Street and the commercial uses on E. Grand Avenue.
DISADVANTAGES:
The proposed phasing of the project would leave the portion of the site that is most visible
from E. Grand Avenue vacant and undeveloped until late 2021. Although the development
as a whole meets code requirements, the only outdoor space for the units is included
within individual 64 square-foot decks for the Phase One apartments, and a 232 square-
foot deck for the apartment in Phase Two.
ENVIRONMENTAL REVIEW:
In compliance with the California Environmental Quality Act (CEQA), and the project was
determined to be categorically exempt per Section 15332 of the State CEQA Guidelines
regarding in-fill development.
PUBLIC NOTIFICATION AND COMMENT:
A notice of public hearing was mailed to all property owners within 300’ of the project site,
was published in The Tribune, and posted at City Hall and on the City’s website on April
PLANNING COMMISION
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APRIL 16, 2019
PAGE 10
5, 2019. A sign announcing the public hearing was posted at the site on April 4, 2019.
The Agenda was posted at City Hall and on the City’s website in accordance with
Government Code Section 54954.2.
Attachments:
1. Location map
2. Minutes of the February 5, 2019 Architectural Review Committee meeting
3. Proposed phasing map
4. Proposed colors – Multi-family Residential
5. Proposed colors – Mixed-Use
6. Project plans
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ARROYO GRANDE APPROVING LOT MERGER
18-001 AND CONDITIONAL USE PERMIT 18-007; LOCATED
AT 1214 EAST GRAND AVENUE AND 181 NORTH ELM
STREET; APPLIED FOR BY FLOYD HINESLEY
WHEREAS, the project site is approximately .90 acres, zoned Gateway Mixed Use (GMU),
and located near the northwest corner of E. Grand Avenue and N. Elm Street, which
includes two (2) existing lots; and
WHEREAS, the applicant has filed Lot Merger 18-001 to merge two lots located at 1214 E.
Grand Avenue and 181 N. Elm Street; and
WHEREAS , Municipal Code Table 16.12.030 (B) requires that lot mergers be reviewed by
the Planning Commission; and
WHEREAS , the applicant has filed Conditional Use Permit 16-007 for the development of
ten (10) new residential units, including one (1) three-bedroom apartment above an
approximately 2,250 square foot of office space; and
WHEREAS , the office component results in the project being categorized as a mixed-use
project, for which the GMU district allows a maximum density of twenty-five (25) dwelling
units per acre, or totals 22.5 units on the .90-acre project site; and
WHEREAS , the Staff Advisory Committee considered the project on January 15, 2019 and
recommended approval with conditions; and
WHEREAS , the Architectural Review Committee considered the project on February 5,
2019 and recommended approval with conditions; and
WHEREAS, the Planning Commission has reviewed this project in compliance with the
California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the Arroyo
Grande Rules and Procedures for Implementation of CEQA and determined that the project
is exempt per Section 15332 of the CEQA Guidelines regarding in-fill development; and
WHEREAS, the Planning Commission of the City of Arroyo Grande has reviewed the project
at a duly noticed public hearing on April 16, 2019; and
WHEREAS, the Planning Commission finds, after due study, deliberation, and public
hearing, the following circumstances exist:
Lot Merger Findings:
1. Merged lots should comply wherever feasible with the minimum lot size, lot width,
and lot depth requirements of the zoning district in which it is located.
RESOLUTION NO.
PAGE 2
The proposed project would merge two (2) lots into one (1) and the new lot would be
conforming to the GMU zoning district development standard for size, lot width, and
lot depth.
2. Adequate access and placement of easements shall be provided.
The project will provide two points of access to the newly created lot from both N.
Elm Street and E. Grand Avenue.
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 use of the site for residential development in a mixed use
project is permitted within the GMU zoning district and the project complies
with all applicable provisions of the Arroyo Grande General Plan and
Municipal Code.
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 use of the site for multi-family residential development in a
mixed use project will not impair the integrity of the GMU district due to the
intent of the district to provide for the combination of financial institutions,
retail, office and commercial uses and multi-family residences with retail and
other pedestrian-oriented uses on the ground floors of structures fronting E.
Grand Avenue, and residential units or offices allowed on upper floors.
3. The site is suitable for the type and intensity of use or development that is proposed.
The site is approximately .90 acres of underutilized land in the GMU zoning
district and meets the development standards of the GMU zoning district, the
Arroyo Grande Municipal Code, the Design Guidelines and Standards for
Mixed Use Districts and is suitable for the intensity of the development.
4. There are adequate provisions for water, sanitation, and public utilities and
services to ensure public health and safety.
The proposed project will utilize City supplied water, sanitation, and public
utilities and services that ensure public health and safety. No aspect of the
proposed project is anticipated to be overly impactful to these services.
Conditions of approval developed for the project will additionally ensure public
services are minimally impacted.
5. The proposed use will not be detrimental to the public health, safety or welfare
RESOLUTION NO.
PAGE 3
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 materially injurious to properties or improvements in the vicinity
as it will comply with all applicable codes and standards of the Municipal
Code and in accordance with conditions of approval specifically developed
for the project.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo
Grande hereby approves Conditional Use Permit 18-007 as set forth in Exhibit “B”, attached
hereto and incorporated herein by this reference, 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 _______, seconded by Commissioner _______, and by the
following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was adopted this 16th day of April, 2019
_______________________________
GLENN MARTIN
CHAIR
ATTEST:
_______________________________
PATRICK HOLUB
SECRETARY TO THE COMMISSION
AS TO CONTENT:
_______________________________
TERESA MCCLISH
COMMUNITY DEVELOPMENT DIRECTOR
RESOLUTION NO.
PAGE 4
EXHIBIT ‘A’
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT 18-007
1214 EAST GRAND AVENUE AND 181 NORTH ELM STREET
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
GENERAL CONDITIONS
1. This approval authorizes the construction of the phased development of nice (9) two-
story apartment units and construction of a new two-story mixed-use structure,
including 2,025 sq. ft. of office space and a 2,240 sq. ft. apartment at 1214 E Grand
Avenue and 181 N Elm Street.
2. The applicant shall ascertain and comply with all Federal, State, County and City
requirements as are applicable to this project.
3. The applicant shall comply with all conditions of approval for Conditional Use Permit
18-007.
4. This application shall automatically expire on April 19, 2021 unless a building permit
is issued. Thirty (30) days prior to the expiration of the approval, the applicant may
apply for an extension of one (1) year from the original date of expiration.
5. Development shall conform to the Gateway Mixed-Use requirements except as
otherwise approved.
6. Development shall occur in substantial conformance with the plans presented to the
Planning Commission at the meeting of April 19, 2021 and marked Exhibits on file in
the Community Development Department.
7. The applicant shall agree to indemnify, defend, and hold harmless 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.
8. A copy of these conditions and mitigation measures shall be incorporated into all
construction documents.
9. At the time of application for construction permits, plans submitted shall show all
RESOLUTION NO.
PAGE 5
development consistent with the approved site plan, floor plan, architectural elevations
and landscape plan.
10. Signage shall be subject to the requirements of Chapter 16.60 of the Development
Code.
11. Development shall comply with Development Code Sections 16.48.070, “Fences,
Walls and Hedges”; 16.48.120, “Performance Standards”; and 16.48.130 “Screening
Requirements”.
12. Setbacks, lot coverage, and floor area ratios shall be as shown on the development
plans including those specifically modified by these conditions.
13. The developer shall comply with Development Code Chapter 16.56, “Parking and
Loading Requirements”. All parking spaces adjacent to a wall, fence, or property line
shall have a minimum width of 11 feet.
14. All parking areas of five or more spaces shall have an average of one-half foot-candle
illumination per square foot of parking area for visibility and security during hours of
darkness.
15. Trash enclosures shall be screened from public view with landscaping or other
appropriate screening materials, and shall be made of an exterior finish that
complements the architectural features of the main building. The trash enclosure area
shall accommodate recycling container(s). The location and function of the trash
enclosures shall be reviewed and approved by South County Sanitation prior to
approval of the improvement plans.
16. Final design and location of the trash enclosure(s) shall be reviewed by the
Architectural Review Committee and approved by the Community Development
Director.
17. 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 7 AM to 5 PM Monday through Friday, and from 9 AM to 5
PM on Saturdays. No construction shall occur on Sundays or City observed holidays.
18. 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).
19. Landscaping in accordance with the approved landscaping plan shall be installed or
RESOLUTION NO.
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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 based)
technology.
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.
20. All trees to be pruned shall be pruned under supervision of a Certified Arborist using
the International Society of Arboriculture (ISA) Pruning Standards.
21. All planted areas shall be continuously maintained in a healthy, growing condition,
shall receive regular pruning, fertilizing, mowing and trimming, and shall be kept free
of weeds and debris by the owner or person in possession of such areas. Any
damaged, dead or decaying plant material shall be replaced within thirty (30) days
from the date of damage.
22. For projects approved with specific exterior building colors, 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.
23. All new electrical panel boxes shall be installed inside the building(s).
24. Buildings equipped with a fire sprinkler system shall also have a Fire Department
Connection (FDC), which shall be located adjacent to a fire access roadway, be
remote from all buildings outside the building collapse zone, and screened to the
maximum extent permitted by the Building Official or Fire Chief.
25. Fire Department Connections (FDC) shall be located near a fire hydrant, which is no
closer than 20 feet and no greater than 100 feet with no obstructions or barriers
between the FDC and the hydrant such as roads or driveways.
RESOLUTION NO.
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26. Double detector check valve assemblies shall be located within the respective building
to which they serve.
27. 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.
28. 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.
29. The apartment on the second floor of the mixed-use building shall be constructed in a
manner that will allow for the adaptive reuse of the space as commercial occupancy
in the future, if desired.
INCLUSIONARY HOUSING
30. The developer shall comply with Development Code Chapter 16.80 “Inclusionary
Affordable Housing Requirements”. Should the developer decide to pay in-lieu fees,
the fee shall be equal to one percent (1%) of total development costs for each unit
within the development.
BUILDING AND LIFE SAFETY DIVISION AND FIRE DEPARTMENT CONDITIONS
BUILDING CODES
31. The project shall comply with the most recent editions of the California Building
Standards Code, as adopted by the City of Arroyo Grande.
FIRE LANES
32. Prior to occupancy, the applicant shall post designated fire lanes, per Section
22500.1 of the California Vehicle Code.
33. All fire lanes must be posted and enforced, per Police Department and Fire
Department guidelines.
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FIRE FLOW/FIRE HYDRANTS
34. Project shall have a fire flow in accordance with the California Fire Code.
35. Fire hydrants shall be installed, per Fire Department and Public Works Department
standards and per the California Fire Code.
SECURITY KEY BOX
36. The applicant must provide an approved "security key box," per Building and Fire
Department guidelines and per the California Fire Code for the commercial building.
FIRE SPRINKLERS
37. All buildings must be fully sprinklered per Building and Fire Department guidelines and
per the California Fire Code.
38. Provide Fire apparatus access per the California Fire Code Appendix D, as adopted
by the City of Arroyo Grande.
ABANDONMENT / NON-CONFORMING
39. The applicant shall show proof of properly abandoning all non-conforming items such
as septic tanks, wells, underground piping and other undesirable conditions.
DEMOLITION PERMIT / RETAINING WALLS
40. A demolition permit must be applied for, approved and issued. All asbestos and lead
shall be verified if present and abated prior to permit issuance.
41. Provide written certification that the envelope of the structure is watertight with walls
substantially impermeable to the passage of water required under 44 Code of
Federal Regulations (44 CFR 60.3 (c)(3))
42. Provide a comprehensive Maintenance Plan for the entire structure to include but
not limited to:
a. Exterior envelope of structure
b. All penetrations to the exterior of the structure
c. All shields, gates, barriers, or components, designed to provide
floodproofing protection to the structure
d. All seals or gaskets for shields, gates, barriers, or components
e. Location of all shields, gates, barriers, and components as well as all
associated hardware, and any materials or specialized tools necessary to
seal the structure
43. The developer shall reimburse the City for all costs associated with outside plan
RESOLUTION NO.
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checks performed at either the developer’s or City’s request.
ENGINEERING DIVISION CONDITIONS All Engineering conditions of approval as listed below are to be complied with prior to recording the map or finalizing the permit, unless specifically noted otherwise.
POST CONSTRUCTION REQUIREMENTS REGIONAL WATER QUALITY CONTROL BOARD, STORMWATER CONTROL PLAN, OPERATIONS AND MAINTENANCE PLAN,
AND ANNUAL STORMWATER CONTROL FACILITIES MAINTENANCE
44. The Applicant shall develop, implement and provide the City a:
a. Stormwater Control Plan that clearly provides engineering analysis of all Water
Quality Treatment, Runoff Retention, and Peak Flow Management controls. b. Operations and Maintenance Plan and Maintenance Agreements that clearly
establish responsibility for all Water Quality Treatment, Runoff Retention, and Peak
Flow Management controls.
c. Annual Maintenance Notification indicating that all Water Quality Treatment, Runoff Retention, and Peak Flow Management controls have been maintained and are functioning as designed.
d. All reports must be completed by either a Registered Civil Engineer or Qualified
Stormwater Pollution Prevention Plan Developer (QSD).
45. Prior to any Permit – Stormwater Control Plan. Provide a Stormwater Control Plan
that complies with Engineering Standard 1010 Section 5.2.2.
46. Prior to Final Approval – Operations and Maintenance Plan, Maintenance
Agreement, and Maintenance Notification. Provide an Operations and
Maintenance Plan, Maintenance Agreement, and Maintenance Notification that
complies with Engineering Standard 10101 Section 5.2.3.
GENERAL CONDITIONS
47. The developer shall sweep streets in compliance with Standard Specifications
Section 13-4.03F of the California Department of Transportation.
48. Working hours shall comply with Standard Specification Section 5-1.01.
49. Provide trash enclosure in compliance with Engineering Standard 9060 with solid/rain-
deflecting roof. Trash enclosure area(s) shall be screened from public view with
landscaping or other appropriate screening materials, and shall be reserved
exclusively for dumpster and recycling container storage. Interior vehicle travel ways
shall be designed to be capable of withstanding loads imposed by trash trucks.
50. All residential units shall be designed to mitigate impacts from non-residential project
noise, in compliance with the City’s noise regulations.
RESOLUTION NO.
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51. All project improvements shall be designed and constructed in accordance with the
most recent version of the City of Arroyo Grande Standard Specifications and
Engineering Standards.
52. Record Drawings (“as-built” plans) are required to be submitted prior to release of the
Faithful Performance Bond.
53. Submit as-built plans at the completion of the project or improvements as directed by
the Community Development Director in compliance with Engineering Standard 1010
Section 9.3 Provide One (1) set of paper prints and electronic documents on CD or
flash drive in both AutoCAD and PDF format prior to occupancy.
54. Submit three (3) full-size paper copies and one (1) electronic PDF file of approved
improvement plans for inspection purposes during construction.
55. Preserve existing survey monuments and vertical control benchmarks in compliance
with Standard Specifications Section 5-1.26A.
56. Provide one (1) new vertical control survey benchmark, per City Standard, as directed
by City Engineer.
IMPROVEMENT PLANS
57. Public Improvement Plans and Site Civil Plans shall be submitted to the Community
Development Department Engineering Division as a separate submittal from any
vertical construction/structures building improvement plans.
58. Improvement plans must comply with Engineering Standard 1010 Section 1 and shall
be prepared by a registered Civil Engineer or qualified specialist licensed in the State
of California and approved by the Public Works Department and/or Community
Development Department. The following plan sheets shall be provided:
a. Site Plan
i. The location and size of all existing and proposed water, sewer, and
storm drainage facilities within the project site and abutting streets or
alleys.
ii. The location, size and orientation of all trash enclosures.
iii. All existing and proposed parcel lines and easements crossing the
property.
iv. The location and dimension of all existing and proposed paved areas.
v. The location of all existing and proposed public or private utilities.
b. Grading Plan with Cross Sections
c. Retaining Wall Plan and Profiles
d. Roadway Improvements Plan and Profiles
e. Storm Drainage Plan and Profile
f. Utilities - Water and Sewer Plan and Profile
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g. Utilities – Composite Utility
h. Signing and Striping
i. Erosion Control
j. Landscape and Irrigation Plans for Public Right-of-Way
k. Tree Protection Plan
l. Details
m. Notes
n. Conditions of Approval and Mitigation Measures
o. Other improvements as required by the Community Development Director.
(NOTE: All plan sheets must include City standard title blocks)
59. Submit all retaining wall calculations for review and approval by the Community
Development Director including any referenced geotechnical report.
60. Prior to approval of an improvement plan the applicant shall enter into an agreement
with the City for inspection of the required improvements.
61. Applicant shall fund outsourced plan check services, as required.
62. The applicant shall be responsible for obtaining an encroachment permit for all work
within a public right-of-way.
STREET IMPROVEMENTS
63. 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.
64. All street repairs shall be constructed to City standards.
65. Street structural sections shall be determined by an R-Value soil test or recommendation
by a soils report, but shall not be less than 3” of asphalt and 6” of Class II AB.
66. All plans shall show the City’s complete right-of-way on North Elm Street and East Grand
Avenue.
67. The developer shall provide Type 2 Slurry Seal or Microsurfacing on full road width of
North Elm Street for the entire length of project frontage.
68. Street width geometry shall comply with Engineering Standard 7010. The following
streets are designated as:
a. Local Road: North Elm Street
b. Arterial: East Grand Avenue
RESOLUTION NO.
PAGE 12
CURB, GUTTER, AND SIDEWALK
69. Install new concrete curb, gutter, and sidewalk as directed by the Community
Development Director and Public Works Director.
70. Install ADA compliant facilities where necessary or verify that existing facilities are
compliant with State and City Standards. The project shall include sidewalk and ADA
compliant paths consistent with State Standards, including no more than a 1.5%+/- cross
slope.
71. The applicant shall dedicate a pedestrian access easement(s) when the ADA sidewalk
extension does not fall within the City’s right-of-way.
72. Install tree wells with root barriers for all trees planted adjacent to curb, gutter and
sidewalk to prevent damage due to root growth.
73. Driveway crossings shall have a decorative treatment and the applicant shall color any
such new facilities as directed by the Community Development Director.
74. 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.
DEDICATIONS AND EASEMENTS
75. All easements, abandonments, or similar documents to be recorded as a document
separate from a map, 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 Developer shall be responsible for all required fees, including
any additional required City processing.
GRADING AND DRAINAGE
76. 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 Pollution Control Plan (WPCP) consistent with the San Luis Obispo Regional
Water Quality Control Board (RWCB) requirements.
77. All grading shall be performed in accordance with the City Grading Ordinance and
Standard Specifications and Engineering Standards.
78. Drainage facilities shall be designed in compliance with Engineering Standard 1010
Section 5.1.2.
79. Submit a soils report for the project shall be 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. Soils report must be less
RESOLUTION NO.
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than 3 years old.
80. The applicant shall dedicate a pedestrian access easement(s) for the ADA sidewalk
extension.
81. Infiltration basins shall be designed based on soil tests. Infiltration test shall include
adequate borings depth and frequency to support design recommendations.
WATER
82. Whenever possible, all water mains shall be looped to prevent dead ends. The Public
Works Director must grant permission to dead end water mains.
83. The applicant shall extend the public water main to adequately serve the project
across the property frontage.
84. A Reduced Pressure Principle (RPP) backflow device is required on all water lines to
the (structure and/or landscape irrigation). 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.
85. The DDC shall be placed inside the building or adjacent to the building, if screened.
Other locations for the DDC shall be approved by the Director of Community
Development.
86. The project shall have a minimum of two water meters, one for each phase. The
apartment units may have separate submeters if desired.
87. Non-potable water for construction is available at the Soto Sports Complex. The City
of Arroyo Grande does not allow the use of hydrant meters.
SEWER
88. All sewer laterals within the public right-of-way must have a minimum slope of 2%.
89. Each parcel shall be provided a separate sewer lateral. Laterals shall be sized for the
appropriate use, minimum 4”.
90. All sewer mains or laterals crossing or parallel to public water facilities shall be
constructed in accordance with City standards.
PUBLIC UTILITIES
91. 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.
RESOLUTION NO.
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92. Prior to approving any building permit within the project for occupancy, all public
utilities shall be operational.
93. Public Improvement Plans shall be submitted to the public utility companies for review
and approval. Utility comments shall be forwarded to the Director of Public Works for
approval.
94. Street lighting shall comply with Engineering Standard 1010 Section 3.1.2.Q.
TREE PRESERVATION/TREE REMOVAL PLAN
95. 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.
96. 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.
97. All significant trees to be removed as designated by the Director of Public 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 on site, off-site, or
payment of in-lieu fees (at the current street tree fee rate for a 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.
98. 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.
99. 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 Parks and Recreation 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.
100. All trees to be pruned, shall be pruned under supervision of a Certified Arborist using
RESOLUTION NO.
PAGE 15
the International Society of Arboriculture (ISA) Pruning Standards.
PUBLIC SAFETY
101. Prior to issuance of building permit, applicant to submit exterior lighting plan for
Police Department approval.
102. Prior to issuance of a certificate of occupancy, the applicant shall post
handicapped parking, per the California Building Code.
103. 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 (for commercial use only).
FEES AND BONDS
The applicant shall pay all applicable City fees, including the following:
104. FEES TO BE PAID PRIOR TO PLAN SUBMITTAL
a. Map check fee for Tract Map.
b. Map check fee for Parcel Map. c. Plan check for grading plans (Based on an approved earthwork estimate).
d. Plan check for improvement plans (Based on an approved construction cost
estimate).
e. Permit Fee for grading plans (Based on an approved earthwork estimate). f. Inspection Fee of subdivision or public works construction plans (Based on an approved construction cost estimate).
g. Plan Review Fee (Based on the current Building Division fee schedule. NOTE: The applicant is responsible to pay all fees associated with outside
plan review consultants)
105. 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.
c. Water Meter charge to be based on codes and rates in effect at the time of building permit issuance.
d. Water Availability charge, to be based on codes and rates in effect at
the time of building permit issuance.
e. Traffic Impact fee, to be based on codes and rates in effect at the time of building permit issuance.
f. Traffic Signalization fee, to be based on codes and rates in effect at
the time of building permit issuance.
g. Sewer Connection fee, to be based on codes and rates in effect at the
time of building permit issuance.
h. South San Luis Obispo County Sanitation District Connection fee.
RESOLUTION NO.
PAGE 16
i. Drainage fee, as required by the area drainage plan for the area being developed.
j. Park Development fee, the developer shall pay the current parks
development fee for each unit approved for construction (credit shall be
provided for existing houses), to be based on codes and rates in effect at the time of building permit issuance. k. Construction Tax, the applicant shall pay a construction tax.
l. Alarm Fee, to be based on codes and rates in effect at the time of
development.
m. Strong Motion Instrumentation Program (SMIP) Fee, to be based on codes and rates in effect at the time of development.
n. Building Permit Fee, to be based on codes and rates in effect at the
time of development.
106. 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.
107. FEES TO BE PAID OR LAND DEDICATED PRIOR TO RECORDATION OF THE FINAL MAP/PARCEL MAP
a. Park Development fee, the developer shall pay the current park
development fee, and/or donate land in-lieu of, for each lot approved. b. Park Dedication, the developer shall dedicate land for park purposes.
c. Park Improvement fee, the developer shall pay the current park
improvement fee for each lot approved.
d. Affordable Housing in Lieu fee, in accordance with Chapter 16.80 of
the Development Code.
108. Preliminary Title Report, a current preliminary title report shall be submitted to the
Director of Public Works prior to checking the map. If the property owner is a Limited
Liability Company (LLC), provide names and contact information for the individual owners. A current subdivision guarantee shall be submitted to the Director of Public
Works prior to recording the Map. (TRACT AND PARCEL MAPS)
BONDING SURETY
109. Erosion Control, prior to issuance of the grading or building permit, all new
residential construction requires posting of a $1,200.00 performance bond for erosion
control and damage to the public right-of-way. This bond is refundable upon
successful completion of the work, less expenses incurred by the City in maintaining and/or restoring the site.
110. The applicant shall provide bonds or other financial security for the following. All
bonds or security shall be in a form acceptable to the City, and shall be provided prior
to recording of the map, unless noted otherwise. The minimum term for Improvement securities shall be equal to the term of the subdivision agreement. (TRACT AND
PARCEL MAPS)
a. Faithful Performance, 100% of the approved estimated cost of all
RESOLUTION NO.
PAGE 17
subdivision improvements. b. Erosion Control and Landscape, 100% of the approved estimated
cost of all erosion control work during construction and the estimated
cost of all final landscaping after construction is complete. This bond is
refundable upon successful completion of the work, less expenses uncured by the City in maintaining and/or restoring the site. c. Labor and Materials, 50% of the approved estimated cost of all
subdivision improvements.
d. One Year Guarantee, 10% of the approved estimated cost of all
subdivision improvements. This bond is required prior to acceptance of the subdivision improvements.
e. Monumentation, 100% of the estimated cost of setting survey
monuments.
f. 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
g. Accessory Structures, the applicant shall remove or bond for removal
of all accessory structures not sharing a parcel with a residence.
h. Garages, the applicant shall construct, or bond for construction of a two-car garage and driveway for the existing house on lot_____.
i. Curb cuts, the applicant shall construct or bond for construction of
individual curb cuts and paved driveways for parcels.
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