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PC R 21-2345RESOLUTION NO. 21-2345 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING LOT MERGER 21-001 AND CONDITIONAL USE PERMIT 21-001; LOCATED AT 700 OAK PARK BLVD.; APPLIED FOR BY HOUSING AUTHORITY OF SAN LUIS OBISPO (HASLO) WHEREAS, the project site is approximately 2.16 acres, zoned Office Mixed -Use (OMU), and located near the southeast corner of Oak Park Blvd. and EI Camino Real, which includes four (4) existing lots; and WHEREAS, the applicant has filed Lot Merger 21-001 to merge four (4) lots located at the project site; 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 21-001 for the development of sixty-three (63) multi -family residential units, a 1,342 square foot community room, and 1,178 square foot of leasable commercial area; and WHEREAS, the commercial component results in the project being categorized as a mixed- use project, for which the OMU district allows a maximum density of twenty (20) dwelling units per acre, or 43 dwelling units on the 2.16 -acre project site; and WHEREAS, the project qualifies for an eighty percent (80%) density bonus pursuant to Assembly Bill 1763 due to one hundred percent (100%) of the units proposed to be restricted as affordable to lower income households, resulting in a maximum density of thirty-six (36) dwelling units per acre, or 78 dwelling units on the 2.16 acre site; and WHEREAS, the Staff Advisory Committee considered the project on April 28, 2021, and recommended approval with conditions; and WHEREAS, the Architectural Review Committee considered the project on April 5, 2021 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 pursuant Section 15332 of the CEQA Guidelines regarding in -fill development (Class 32); and WHEREAS, the Planning Commission of the City of Arroyo Grande has reviewed the project at a duly noticed public hearing on May 18, 2021; and WHEREAS, the Planning Commission finds, after due study, deliberation, and public RESOLUTION NO.21-2345 PAGE 2 hearing, the following circumstances exist: Lot Merger Findings: 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. The proposed project would merge four (4) lots into one (1) and the new lot would be conforming to the OMU 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 El Camino Real, which is adequate for the proposed use. Conditional Use Permit Findings: 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 OMU 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 OMU district due to the intent of the district to provide for multi -family residential and commercial uses that support those residences. 3. The site is suitable for the type and intensity of use or development that is proposed. The site is approximately 2.16 acres of underutilized land in the OMU zoning district and meets the development standards of the OMU zoning district and the Arroyo Grande Municipal Code. The type and intensity of the development is allowed through the implementation of State affordable housing and density bonus laws. 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 RESOLUTION NO.21-2345 PAGE 3 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 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 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 Lot Merger 21-001 and Conditional Use Permit 21-001 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 Martin, seconded by Commissioner Guthrie, and by the following roll call vote, to wit: AYES: Martin, Guthrie, Sage, Maraviglia, Schiro NOES: None ABSENT: None the foregoing Resolution was adopted this 18th day of May, 2021 RESOLUTION NO.21-2345 PAGE 4 GLENN MARTIN CHAIR ATTEST: PATRICK HOLLIEV SECRETARY TO THE COMMISSION AS TO CONTENT: BILL ROBESON PUBLIC WORKS DIRECTOR/ACTING COMMUNITY DEVELOPMENT DIRECTOR RESOLUTION NO.21-2345 PAGE 5 EXHIBIT `A' CONDITIONS OF APPROVAL LOT MERGER 21-001 AND CONDITIONAL USE PERMIT 21-001 700 OAK PARK BLVD. COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION GENERAL CONDITIONS 1. This approval authorizes the lot .merger of four (4) parcels and the construction of a mixed-use development consisting of 63 affordable housing units and 1,178 square feet of commercial space 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 Lot Merger 21-001 and Conditional Use Permit 21-001. 4. This application shall automatically expire on May 18, 2023 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 development standards of the Office Mixed -Use zoning district except as otherwise approved. 6. Development shall occur in substantial conformance with the plans presented to the Planning Commission at the meeting of May 18, 2021 and marked Exhibit B. 7. 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. 8. A copy of these conditions shall be incorporated into all construction documents. 9. At the time of application for construction permits, plans submitted shall show all development consistent with the approved site plan, floor plan, architectural elevations and landscape plan. RESOLUTION NO.21-2345 PAGE 6 10. Signage shall be subject to the requirements of Chapter 16.60 of the Development Code. Prior to issuance of a building permit, all illegal signs shall be removed. 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. 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. 14. 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 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. Inspections are only available Monday — Friday 7:30 AM to 4 PM. 15. 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). 16. 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 (6) 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. RESOLUTION NO.21-2345 PAGE 7 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. 17. 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. 18. All new electrical panel boxes shall be installed inside the building(s). 19. 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. 20. 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. 21. Double detector check valve assemblies shall be located directly adjacent to or within the respective building to which they serve, and screened to the maximum extent feasible. 22. 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. 23. 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. 24. The developer shall comply with Development Code Chapter 16.20 "Land Divisions". 25. The developer shall comply with Development Code Chapter 16.64 "Dedications, Fees and Reservations." 26. An operations and maintenance agreement shall be submitted for all drainage RESOLUTION NO.21-2345 PAGE 8 facilities. 27. A building permit will not be issued until all drainage facilities are functional to the satisfaction of the Community Development Director. INCLUSIONARY HOUSING 28. Prior to issuance of a building permit, developer shall record a regulatory agreement against the property that restricts the use of the property, for a term not less than fifty- five (55) years from certificate of occupancy, to use as rental apartments affordable to households earning eighty percent (80%) or less of the area median income. The City shall have the right to review and approve the regulatory agreement prior to recordation. ARCHITECTURAL REVIEW COMMITTEE CONDITION 29. Final design and location of the trash enclosure(s) and project lighting shall be reviewed by the Architectural Review Committee and approved by the Community Development Director. PLANNING COMMISSION CONDITION 30. The on-site recreation area east of Building #3 shall be expanded to the satisfaction of the Community Development Director, with input from the Recreation Services Director. SPECIAL PROJECT CONDITIONS 31. Turning movements into and from the western driveway on EI Camino Real shall be restricted to right -in, right -out only. 32. The retaining walls on either side of the driveway(s) shall be built in accordance with City Standard 7410. BUILDING AND LIFE SAFETY DIVISION AND FIRE DEPARTMENT CONDITIONS BUILDING CODES 33. 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 34. Prior to occupancy, the applicant shall post designated fire lanes, per Section 22500.1 of the California Vehicle Code. 35. All fire lanes must be posted and enforced, per Police Department and Fire Department guidelines. RESOLUTION NO.21-2345 PAGE 9 FIRE FLOW/FIRE HYDRANTS 36. Project shall have a fire flow in accordance with the California Fire Code. 37. Fire hydrants shall be installed, per Fire Department and Public Works Department standards and per the California Fire Code. SECURITY KEY BOX 38. The applicant must provide an approved "security key box," per Building and Fire Department guidelines and per the California Fire Code. FIRE SPRINKLER 39. All buildings must be fully sprinklered per Building and Fire Department guidelines and per the California Fire Code. 40. Provide Fire apparatus access per the California Fire Code Appendix D, as adopted by the City of Arroyo Grande. ABANDONMENT / NON-CONFORMI 41. 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 42. 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. ENGINEERING DIVISION CONDITIONS POST CONSTRUCTION REQUIREMENTS REGIONAL WATER QUALITY CONTROL BOARD, STORMWATER CONTROL PLAN, OPERATIONS AND MAINTENANCE PLAN, AND ANNUAL STORMWATER CONTROL FACILITIES MAINTENANCE 43. The Applicant shall develop, implement and provide the City a: a. Prior to a building or grading permit a Stormwater Control Plan that clearly provides engineering analysis of all Water Quality Treatment, Runoff Retention, and Peak Flow Management controls complying with Engineering Standard 1010 Section 5.2.2. b. Prior to final acceptance an Operations and Maintenance Plan and Maintenance Agreements that clearly establish responsibility for all Water Quality Treatment, Runoff Retention, and Peak Flow Management controls complying with Engineering Standard 1010 Section 5.2.3. RESOLUTION NO.21-2345 PAGE 10 c. Annual Maintenance Notification indicating that all Water Quality Treatment, Runoff Retention, and Peak Flow Management controls are being 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). GENERAL CONDITIONS 44. The developer shall sweep streets in compliance with Standard Specifications Section 13-4.03F. 45. For work requiring engineering inspections, working hours shall comply with Standard Specification Section 5-1.01. 46. Provide trash enclosure(s) in compliance with Engineering Standard 9060 with solid/rain-deflecting roof. Drain of trash enclosure to tie into the sewer interceptor or the onsite water quality BMP. 47. 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. 48. All residential units shall be designed to mitigate impacts from non-residential project noise, in compliance with the City's noise regulations. 49. 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. 50. Submit record drawings prior to occupancy or release of the Faithful Performance Bond, whichever comes first, in compliance with Engineering Standard 1010 Section 9.3 E. Provide One (1) set of paper prints and electronic documents on flash drive in both AutoCAD and PDF format. AutoCAD drawings shall be in State plane coordinates. 51. Preserve existing survey monuments and vertical control benchmarks in compliance with Standard Specifications Section 5-1.26A. 52. Provide one (1) new vertical control survey benchmark, per City Standard, as directed by City Engineer. IMPROVEMENT PLANS RESOLUTION NO.21-2345 PAGE 11 53. Public Improvement Plans, Site Civil Plans, and Maps shall be submitted to the Community Development Department Engineering Division be separate submittal from any vertical construction/structures building improvement plans. 54. 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 sheet 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. vi. Location of 100 -year flood plain and any areas of inundation within project area. 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 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 I. 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) p. Engineers estimate for construction cost based on County of San Luis Obispo unit cost. 55. Submit all retaining wall calculations for review and approval by the City Engineer including any referenced geotechnical report. 56. Prior to approval of an improvement plan the applicant shall enter into an agreement with the City for inspection of the required improvements. 57. Applicant shall fund outsourced plan and map check services, as required. RESOLUTION NO.21-2345 PAGE 12 58. The applicant shall be responsible for obtaining an encroachment permit for all work within a public right-of-way (City, County and/or Caltrans). STREET IMPROVEMENTS 59. 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 or type 2 slurry seal. 60. Overlay streets or place type 2 slung seal on any roads dedicated to the City prior to acceptance by the City. Determination whether to use overlay or slung seal shall be made by the Public Works Director. 61. Remove existing roadway striping and markers prior to any overlay or slung seal work to the satisfaction of the Public Works Director. Use only thermoplastic roadway striping. 62. Street shall be constructed as a partial width street to accommodate future widening by other property owners in accordance with Section 16.68.020 of the Development Code. The applicant shall construct a one half street section, plus a 12 -foot -wide driving lane. 63. 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 11 AB. Chilton St. to be constructed with a minimum TI of 6.5. 64. Street width geometry shall comply with Engineering Standard 7010, except Chilton St. shall have a reduced width for two (2) 12 -foot travel lanes and a 6 -foot sidewalk. No parking will be allowed on the north side of Chilton St. The following streets are designated as: a. Local Road: Chilton St. (except as modified above) b. Arterial: Oak Park Blvd., EI Camino Real 65. Provide 24 feet of paved travel way along the Chilton St. project frontage. A two -foot reduction in travel way may be permissible if providing the full 24 feet is infeasible, subject to approval from the City Engineer. 66. The curb along the Chilton St. project frontage is to be red curbed with white "FIRE LANE" lettering and Standard Fire Lane signage. 67. The pavement section along Chilton St. to be designed for a Traffic Index of 6.5 per City Standard 7010. 68. R value tests will be required to verify pavement section. RESOLUTION NO.21-2345 PAGE 13 69. Replace the two existing streetlights along the project perimeter per Caltrans Standard ES -6A. The streetlight located at the intersection of Oak Park Blvd. and Chilton St. shall be replaced with a Type 2 LED Lumianar and the streetlight located at the midblock location on Chilton St. shall be replaced with Type 1 LED Lumianar. Each installation shall use a type 15 light pole. 70. Relocate and/or replace existing traffic related signage as directed by City Inspector. 71. Update signal timing sheets for peak hours including splits, force -offs, offsets, and yellow clearance intervals at the Oak Park Blvd./Branch St/US NB 101 On -Ramp intersection. 72. Update signal timing sheets for peak hours including splits, force -offs, offsets, yellow clearance intervals, pedestrian clearance intervals, and reconstruct the southeast comer ramp and traffic signal standards, as required by the City Engineer, at the Oak Park Blvd/EI Camino Real intersection. 73. Upgrade class II bike lanes on Oak Park Blvd. and EI Camino Real to current Highway Design Manual (HDM) standards and provide green stripe bike lane at all drive approach and intersection conflicts as approved by the City Engineer. 74. Provide connections between project frontage sidewalks, internal sidewalks, and community space. CURB, GUTTER, AND SIDEWALK 75. Install new concrete curb, gutter, and sidewalk along the Chilton St. frontage. 76. Transition rolled curb outside project frontage on Chilton St. to standard curb and gutter along project frontage. 77. Color any such new facilities as directed by the Community Development Director. 78. Install ADA compliant facilities at the comer of Chilton St. and Oak Park Blvd., and verify that existing facilities are compliant with State and City Standards. 79. Install tree wells with root barriers for all trees planted adjacent to curb, gutter and sidewalk to prevent damage due to root growth. 80. 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 81. Install new curb, gutter, and sidewalk along the entire Oak Park Blvd. frontage, and shall include replacing the existing drive approach curb, gutter, and sidewalk. 82. Ensure a minimum sidewalk clearance of four (4) feet around poles, guy wires, and fire hydrants. RESOLUTION NO.21-2345 PAGE 14 83. Existing drain inlet on Chilton St. to be replaced with a standard curb drain inlet with a full trash capture device per RWQCB Track 1 requirements. 84. Guards shall be installed along walkways where there is vertical grade difference of 30 inches or more between two adjacent grades, or as required by the Califomia Building Code. GRADING AND DRAINAGE 85. PRIOR TO ISSUANCE OF A GRADING PERMIT, the developer shall submit one (1) 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. 86. All grading shall be performed in accordance with the City Grading Ordinance and Standard Specifications and Engineering Standards. 87. Drainage facilities shall be designed in compliance with Engineering Standard 1010 Section 5.1.2. 88. 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. The date of the soils report shall be less than 3 years old at the time of submittal. 89. Three (3) infiltration tests shall be performed across the project site, to be determined by project engineer, in the center of paver infiltration areas. Infiltration tests shall be performed 6 feet below finished grade, at approximately 1 foot below the bottom of paver subgrade. 90. Infiltration paver subgrade compaction shall meet compaction requirements from paver manufacturer in conjunction with Geotechnical Engineer recommendations. WATER 91. Whenever possible, all water mains shall be looped to prevent dead ends. The Public Works Director must grant permission to dead end water mains. 92. A Reduced Pressure Principle (RPP) backflow device is required on all water lines to the structures and for landscape irrigation. 93. A Double Detector Check (DDC) backflow device is required on the water service line to the fire sprinklers. Fire Department Connections (FDC) must be remote and locations to be approved by the Building Official and Fire Chief. RESOLUTION NO.21-2345 PAGE 15 94. 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. 95. Non -potable water is available at the Soto Sports Complex. The City of Arroyo Grande does not allow the use of hydrant meters. 96. Project shall utilize, or abandon, all existing stubbed utilities. 97. Existing water services to be abandoned shall be abandoned in compliance with Engineering Standard 6050. SEWER 98. All sewer laterals shall comply with Engineering Standard 6810. 99. Project shall utilize, or abandon, all existing stubbed utilities. 100. Existing sewer laterals to be abandoned shall be abandoned in compliance with Engineering Standard 6050. 101. Each parcel shall be provided a separate sewer lateral. Laterals shall be sized for the appropriate use, minimum 4". 102. All sewer mains or laterals crossing or parallel to public water facilities shall be constructed in accordance with Standard Specifications and Engineering Standards. 103. Obtain approval from the South San Luis Obispo County Sanitation District for the development's impact to District facilities prior to permit issuance. 104. Submit a will -serve letter from South County Sanitary stating that the property access and location of trash receptacles is adequate for trash collection service. PUBLIC UTILITIES 105. The developer shall comply with Development Code Section 16.68.050 which requires that all projects that involve the addition of over 500 square feet of habitable space shall be required to place service connections underground. All existing and proposed utilities shall be placed underground, with the exception of new service connections for the residences on Chilton St. directly across from the project site. 106. All new and relocated dry utilities shall be shown on a utility plan. 107. Prior to approving any building permit within the project for occupancy, all conditions of approval for project shall be satisfied. 108. 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 RESOLUTION NO.21-2345 PAGE 16 Works for approval. 109. Street lighting shall comply with Engineering Standard 1010 Section 3.1.2.Q. 110. Upon execution of PG&E contract, submit contract to the City. Include PG&E schematic in the project plan set." 111. A Public Utility Easement shall be provided for sewer, water, electrical, cable, and telephone for all lots. TREE PRESERVATION/TREE REMOVAL PLAN 112. 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. 113. 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. 114. All significant trees to be removed as designated by the Director of Public Works/City Arborist shall be replaced as indicated on Sheet L2 of Exhibit B. 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 occupancy, all trees shall be planted or fees paid. 115. Prior to any work on the site, all trees to remain on site shall be marked with paint/ribbon and protected by a five (6) 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. 116. All trees on the construction site to be preserved as indicated on the Tree Preservation Plan (Sheet L1 of Exhibit B) 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 (6) protective fence shall be constructed a minimum of 8' from the trunk of each tree or at the dripline, whichever distance is greater. e. At a minimum, all pruning shall comply with the American National RESOLUTION NO.21-2345 PAGE 17 Standards Institute (ANSI) A300 Pruning Standards and Best Management Practices. An independent certified arborist, paid for by the developer and selected by the Public Works Director, shall conduct all pruning on site. The independent arborist shall report to the City's Arborist regarding any pruning activities. 117. Tree removal shall occur outside of bird nesting season (generally February 1 to September 15). Any tree removal occurring during the bird nesting season shall not occur until a survey is conducted to ensure potential impacts to nesting birds covered by the California Fish and Game Code and the Migratory Bird Treaty Act. PUBLIC SAFETY 118. Prior to issuance of building permit, applicant to submit exterior lighting plan for Police Department approval. 119. Prior to issuance of a certificate of occupancy, the applicant shall post accessible parking signage, per California Building Code Section 11A and other applicable standards. 120. Prior to issuance of a certificate of occupancy, the applicant shall install a burglary [or robbery] alarm system for the commercial suite per Police Department guidelines, and pay the Police Department alarm permit application fee of ($94.00). Annual renewal fee is $31.00. 121. Prior to issuance of a certificate of occupancy, for any parking lots available to the public located on private lots, the developer shall post private property "No Parking" signs in accordance with the handout available from the Police Department. FEES AND BONDS The applicant shall pay all applicable City fees, including the following: 122. 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). e. 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) 123. FEES TO BE PAID PRIOR TO ISSUANCE OF A BUILDING PERMIT RESOLUTION NO.21-2345 PAGE 18 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. 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. I. Alarm Fee, to be based on codes and rates in effect at the time of development. m. Strong Motion Instrumentation Program (SMTP) 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. 124. 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. 125. 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. BONDING SURETY RESOLUTION NO.21-2345 PAGE 19 126. 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. 127. 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 Public Improvement Plan and Grading Plan approval. The minimum term for Improvement securities shall be equal to the term of the Public Improvement Plan agreement. a. Faithful Performance, 100% of the approved estimated cost of all 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 public improvements. This bond is required prior to acceptance of the public improvements.