PC R 93-1443RESOLUTION NO. 93-1443
A RESOLUTION OT' TIiE PLANNING COMMISSION OF
THE CITY OF ARROYO GItANDE GRANTING A
VARIANCE, CASE NO. 93-151, APPLIED FOR BY THE
VONS COMPANIES, INC., AT 1G50 GRAND AVENUE,
VARIANCE TO ALLOW PORTIONS OF A BUILDING TO
EXCEED TfIE 30 FOOT MAXIMUM I-IEIGI-IT STIPULATED
BY THE DEVELOPMENT COD�; ADOPTION OF A
NEGATIVE D�CLARATION WIT��I MITIGATION
MEASURES AND INSTRUCTION THAT TIIE SECRETARY
FILE A NOTICE OF DETERMINATION
WHEREAS, the Planning Commission of the City of Arroyo Grande has considered
Variance Case No. 93-181, filed by The Vons Companies, Inc., to allow portions of a building
to exceed the 30 foot maximum heigl�t stipulated by the Development Code Section 9-10.040;
and
WHEREAS, the Planning Commission has held a public hearing on this application in
accordance with the City Code; and
WIIEREAS, tt�e Planning Commission has found that t}�is project is consistent witl� tl�e
General Plan and tl�e environmental documents associated therewitl�; and
WHER�AS, the Planning Commission has reviewed this project in compliance wilh the
California Environmental Quality Act (CEQA) and based on the Expanded Initial Study I�as
determined that a Negative Declaration can be adopted; and
WHEREAS, the Planning Commission finds, after due study, deliberation and public
hearing, the following circumstances exist:
1. The strict or literal interpretation and enforcernent of the specified regulation would result
in practical difficulty or unnecessary l�ards}�ip not otherwise shared by otliers in tlie
surrounding area. Limiting the maximum height of the building to 30 feet woulci result
in an architectural facade that lacks a height to width ratio that typically results in a
pleasing arc}�itectural presentation.
2. There are exceptional or extraordinary circu►nstances or conditions applicable to the
property involved or to the intended tise of the property t}iat do not apply generally to
other properties classified in the same zone. The size of the building is substantially
greater than most buildings witl�in tliis zone. Wilh tl�is larger size, tlie widtli of tlie
building is greater, tlius requiring an increase in tlie allowable heigl�t to allow tl�e same
degree of articulation and variation of I�eigl�t and width typically found in smaller
buildings.
Resolution No. 93-1443
Variance Case No. 93-181
The Vons Companies, Inc.
November 16, 1993
Page Two
3. The strict or literal interpretation and enforcement of the specified regulation would
deprive the applicant of privileges enjoyed by owners of other properties classified in the
same zone. The strict interpretation or enforcement of the height restriction would
deprive the applicant of the ability to construct a building with the same architecturally
pleasing qualities found in other smaller buildings in the same zone.
4. The granting of the variance will not constitute a grant of special privilege inconsistent
with tlie limitations on other properties classified in the same zone.
5. The granting of the variance will not be detrimental to the public l�ealth, safety or
welfare, or materially injurious to properties or improvements in the vicinity. The height
of the proposed store does not adversely affect views from surrounding properties.
6. The granting of a variance is consistent with the objectives and policies of the General
Plan and the intent of this title. Policy 6.2a states that in general building t�eights sf�ould
� be within 30 feet. General Plan policy 6.2c requires buildings to be well articulated.
For the most part, the proposed building is lower than 30 feet however, three
architectural elements do exceed this general limit. The design approach is intended to
provide building articulation. Considering the bulk of the building meets the height limit
and that the taller elements provide articulation, the project is consistent with tlie intent
of the General Plan.
DepArtment of Fish and Game Required rindings of Exemption
1. The City of Arroyo Grande has prepared an initial study pursuant to Section 15063 of
. the Guidelines of the California Environmental Quality Act (CEQA), for Variance Case
No. 93-181.
2. Based on the initial study, a negative declaration drafted for review by the public and
review and approval by the Planning Commission.
3. After liolding a public hearing pursuant to State and City Codes, and considering the
record as a whole the Planning Commission adopted tlie negative declaration and found
that there is no substantial evidence of any significant adverse effect, either individually
or cumulatively on wildlife resources as defined by Section 711.2 of the Fish and Game
Code or on the habitat upon whicl� the wildlife depends as a result of development of tliis
project.
Resolution No. 93-1443
Variance Case No. 93-181
The Vons Companies, Inc.
Noveinber 16, 1993
Page Three
NOW, TIIEREFORE, BE IT RI:SOLV�D that the Planning Commission of the City
of Arroyo Grande hereby adopts a Negative Declaration, instructs the Secretary to file a Notice
of Determination; and approves said variance, subject to tl�e standard conditions of the City and
those conditions listed below:
General Conditions
1. Tl�e applicant shall ascertain and comply with all State, County and City requirements
as are applicable to this project.
2. This application shall automatically expire on November 16, 1995 unless a building
permit is issued. Thirty (30) days prior to the expiration of the approval, tlie applicant
may apply for an extension of one (1) year from the original date of expiration.
3. Development shall occur in substantial conformance with the plans presented to tl�e
Planning Commission at the meeting of November 16, 1993 and marked "Exliibit A"
except as specifically modified herein by the following conditions.
4. The applicant shall agree to defend at l�is/her sole expense any action brougl�t against tfie
City, its agents, officers, or employees because of the issuance of said approval, or in
the alternative, to relinquish such approval. The applicant shall reimburse the City, its
agents, officers, or ernployees, for any court costs and attorney's fee's whicll the City,
its agents, officers or e►nployees may be required by a court to pay as a result of sucl�
action. The City may, at its sole discretion, participate at its own expense in tlie deferise
of any such action but such participation shall not relieve applicant of liis/her obligations
under this condition.
5. A negative declaration witli mitigation measures has been adopted for this project. Tlie
mitigation measures attacl�ed hereto and incorporated herein by reference as Attacl�ment
"A", shall be implemented as conditions of approval and shall be monitored by tfie
appropriate City department or otl�er responsible agency. Tl�e applic�nt sl�all be
responsible for verific�tion in �vr iting by the rnoniloring dep�rtment oi• s�gency tl��t
tf�e mit.igation measures l��ve been impleinented.
6. Building heights shall be as shown on Exhibit "A". Prior to issuance of a temporary
certificate of occupancy for the phase one improvements, tlie applicant sl�all provide
certification by a licensed surveyor that tl�e building i�eights comply with Exl�ibit "A".
Resolution No. 93-1443
Variance Case No. 93-181
The Vons Companies, Inc.
November 16, 1993
PAge Four
On motion of Commissioner Keen, seconded by Commissioner Tappan, and on the following
roll call vote, to wit: �
AYES: Cornmissioners Tappan, Reilly, Deviny, Keen and Cl�airman Carr
NOES: None
ABS�NT: Commissioners Soto and Hatchett
the foregoing Resolution was passed and adopted this 16th day of November, 1993.
ATTEST:
�v • . ��
Nancy Brown ommission Clerk Robert W. Carr, Chairman
ATTACI-IMENT "A"
MITIGATION MEASURES
AND MONITORING I'ROGRAM
1. All earthwork and site development sl�all comply with the provisions of tl�e city's gradirig
ordinance, the Uniform Building Code (UBC) and tiie recommendations contained in tlie
"Soils Engirieering Report, Williams Brothers Shopping Center, Store No. 5.749",
Marcli 16, 1993 prepared by Eartl� Systems Consultants. Said recommendations are
incorporated herein by tliis reference and included within the Expanded Initial Study as
Appendix F. In case of a conflict between the referenced documents, the Director of
Building and Fire shall determine the applicable requirements.
Monito�ing Prog�am: Grading and const�uction plans slrall Ge checked; field
wo�k will be inspected for complia.nce.
7Fnte Fiame: Plari cltecking prior to issua�rce �f grading or building
pe»nits; i�lspections during co�istruc�ion a�td prior to fina.l
occupa�acy.
Responsible Agency: 13uildi�rg a�zd Fire Departments.
2. The applicant sliall comply witl� tlie provisions of Section 7-1.13 of tl�e Municipal Code
to prevent soil erosion.
Moriito�ing P,�og�am:
T�me Fiame:
ResPonsible Agency
Provisions shall be noted on grading and construc�ion
pla�ts; practices will be monirored in field Gy Cic��
inspecto�s.
Plan checking p�•io�� to issua�rce of gradi�zg or buildin.g
�e�7nits; inspec�ions during co�zstruction.
13uildi�ig Deparmrent.
3. Recommenclations contained in tl�e "Seismicity Report, Williams Brotl�ers Shopping
Center, Store No. 5.749", June 7, 1993, by Earth Systems Consultants are incorporated
herein by tliis referenced and included witliin the Expanded Initial Study as Exl�ibit E,
shall be implemented during all phases of construction.
Monito�ing Pi�g�z�m: Recommenda�ions shall be inco�porated into grading and
construccioii plans. Compliance will mo�tit.ored th�•ouglt
field i�rspeccio�rs.
T�ime Fiame: Pla�a claecking p� to issuance of gradi�tg or building
pennits; inspec�ions during construction.
Responsible Agency: Building Department.
(1)
4. If the Uniform Building Code (1991 edition) is used for structural design considerations,
the site shall be assigned a seismic zone factor of 0.40 and a site coefficient of 1.2
(Tables.23-I and 23-J respectively).
5.
�
Monitoring Progmm: Use of the factors shall be incorporate�l into co�zstruction
plans.
7tme Frame: Plan checking prior to issuance of building pern�its.
Responsible Age�zcy: Building Department. �
The applicant shall maintain or accommodate existing histoiical drainage flows.
Monitoring Program: Drainage plans shall demonstrate how historic flows will be
maintained or accommodated; drainage improvements sliall
be installed accordingly.
Time Fi•ame: Plan checking prior to issuance of grading or building
permits; field inspections during construction and prior to
final occupancy.
Responsible Agency: Building and Public Works Departments.
Oil separation devices shall be installed on all drainage systems to prevent automotive
pollutants from contaminating the drainage basins or downstream drainage facilities.
Monitoring Prog�am:
71ime Fiame:
Responsible Agency:
Drainage pla�is shall include separation devices; said
devices sliall be iitstalled by the developer.
Pla�i checkin.g prior to issc�a�ace of gradiitg or building
pe��r�its; field inspectiorts during constructio�i and.prior to
final occupancy.
Building Department.
7. Prior to issuance of a grading or building permit, the applicant sliall submit a
construction and grading plan to the APCD whicl� identifies the proposed amount of cut
and fill, proposed grading equipment to be used and the duration of use. APCD shall
require appropriate measures to reduce pollutant emissions during construction to
acceptable levels. Measures required by tt�e APCD shall be noted on the grading and
construction plans.
��
Monito�ing Prog�arn: APCD measures shall be �ZOted on gr•ading a�id co��struction
plans.
7tme Frame: � Plan cltecking prior to issu�nce of grading or building
permits.
Responsible Agency: 13uilding Department.
To enl�ance pedestrian accessibility, prior to completion of tlle first phase of construction,
the applicant sl�all construct a sidewalk along the west side of Courtland Street between
Grand Avenue and Brigllton Avenue.
�2)
Monito�iirg Prog�am:
Tlime Fi�ame:
Respoitsible Age�tcy:
Improveniertt pla�ts sh.all include the subject sidewalk;
installation shnll be inspected and al�proved before
acceptance by tlie City.
Plan c%ecking prior to issuance O,f 1JULICIIl1g IJG'171111
inspection and npproval prior to final occupancy.
Public Works Deparu�le�it.
9. To encourage public transit use, prior to issuance of a Certificate of Occupancy for tt�e
store, the applicant sliall construct a transit (bus) turnout as part of the rig,ht turn lane
required on condition number 38, transit sl�elter, benches, a sl�opping cart storage area
for transit users, and a waikway from the transit stop to the front of the store.
Monitoring Program: Said facilities shall be illustrated on the improvemen.t plans
and in che site plan for the project; field inspections co
monitor actual. installation..
Time Frame: Pla�i clrecking prior to issuance of a building perniit; field
i�lspections p� to final occupa�icy.
Responsible Agency: B�cilding a»d Pla.nnin.g Depa� for on site facilities;
Public Wor•ks for bus turnout. and otlr.er facilities in tlae
public right-of-wa.y.
10. As part of t}�e review of the final landscape and irrigation plans, tl�e Director of Parks
and Recreation shall review tl�e number, size and species of trees proposed in parking
lot areas to maxi►nize shading of cars and reduce heat soak and diurnal emissions.
Moreito�Tng Progi�ant: Landscnpi�r.g pla�i shall be reviewed for inclusio�a of these
features; field inspeccions shall co� f nn actual ins�alla.tio�a.
7tme Fiame: Pla�t checking prior to issuance of a gradin.g or building
pennil; field inspections prior t.o final occupancy.
Responsible Agency: Parks and Recreatio�i Departmen.t.
11. The applicant shall, on an ongoing basis, evaluate the feasibility of providing delivery
service to surrounding residential areas. An initial feasibility study shall be presented
to the Planning Department, in writing, prior to issuance of a Certificate of Occupancy
for the store.
Monito�ing Prog��arn: Teasibiliry study to be reviewed and aPproved by the Ciry;
Ci .ry ma.y require regc�la�• sccbmission of said anal.yses.
7tme Trame: Initia.l feasibili .ry study to be submitted a�id approved prior
final occupancy. Later scudies m�y be required. pursuant
to a schedule approved Iry tlre Planni�Tg Departmertt.
Resportsible Ageney: Planni�ig Departrnent..
12. Prior to issuance of a permanent Certificate of Occupancy for the store, the APCD sliall
review and approve an employee trip reduction plan submitted to them by tl�e applicant.
The applicant shall implement the provisions of tl�e approved plan on an ongoing basis.
(3)
Monitoring Yrog�am:
7Fme Frame:
Responsible Agency:
Ti�ip reduction plan shall be submitted to the APCD.
Periodic reviews of the provisions naay be conducted by the
APCD.
Review and approval of the plan prior to issuance of a
permanent Certificate of Occupancy; later reviews at the
discretion of the APCD.
APCD.
13. Prior to issuance of demolition permits for existing structures, the applicant shall
demonstrate exemption from or compliance witl� the Asbestos Notification Require►nents
of Part 40 of the Code of Federal Regulations (Part 61).
Monitoring Progmn::
7Yme Frame:
Responsible Ageney:
Said inforn2ation shall be submicted to the Ciry.
Prior to issuance of demolition permits for existing
structures.
Building Departrnent. �
14. All construction shall utilize fixtures and designs which minimize water usage. Such
fixtures and designs shall include, but are not limited to, low flow shower heads, water
saving toilets, instant water l�eaters or hot water recirculating systems, drip irrigation
with drought tolerant landscaping and so forth.
Monitoring Program: Co��struction and landscapin.g plans shall illustra�e and/or
othenvise note water-conservi�ig features; field inspections
shall coi firni installation.
Time Fiame: Plan checking prinr to issua�zce of building pennits; field
i��spectio��s during construction and prior to final
occupnncy.
Responsible Agency: I3uildiir.g Department.
15. Prior to final occupancy of any structure, all water conserving designs or fixtures sl�all
be installed.
Monitoring Program: See 14 above.
16. All landscaping shall be consistent witli water conservation practices including the use
of drip irrigation, mulch, gravel and bark. To the greatest extent possible, lawn areas
and areas requiring spray irrigation sl�all be minimized.
Moitilo�iitg Progiant: La.ndscapirtg plans shall re,flect these requirements; field
inspections shall co��rni instrrllation.
71ime Fiame: Plan checking prior to issuance of buildi�r.g pe»�tit; field
' inspections prior to final occupancy.
� Responsible Agency: Parks and Recreation Department.
(4)
17. Tlie applicant shall provide for review and approval by tl�e City Council, an individual
water program which will propose mitigating measures to neutralize projected water
demand for the project. Projected water dernand for this project is 12.63 acre-feet per
year. As part of the water program, the City Council may adjust projected water
demand based upon proposed water conservation ►neasures or other factors that decrease
use of city water supplies. T1ie approved program must be implemented prior to issuance
of building permits.
Monitoring Progiant: Wa.ter °�zeutral" proposal slr.all be suGmitted ai�d approved
��y r.>>� c�cy cou» ��i inrplenrentation sliall be demo��strated
to che Cir.y.
7'ime Tir�me: Prior �o issua».ce of building pe�7nit.
Responsible Agei:cy: City Council for prog�•a»i aJ�p�•oval; Planning Depa�tme».t
for im1�lementatiort co� f nnation.
18. The developer shall plant at least two (2) 60-incl� box live oaks (Quercus agrifolia) and
at least four (4) 36-inch box live oaks on the site or equivalent as determined by the
Parks and Recreation Director. (Note: tl�e current plan shows 13 36-inch box live
oaks). The landscaping plan shall include notes on tl�e proper planting and irrigation
tecl�niques, and shall indicate compatible species in the planter areas for the oak trees.
The landscape plan and notes shall be subject to the approval of the Recreation Director
or his designated representative.
Moiaitoring Prog�am: Landscaping pla�rs shall reflect tlr.is requirement. and shall
note planting and irrigation. metl7ods; installation shall be
catfinned by field inspectio�i.
Tinte Frame: Plan cl�ecking prior to issuance of building pe�7nits; field
i�rspeclions prior to final occttpancy.
Responsible Age►tcy: Pm•ks crnd Recreatio�z Depart.men.t.
19. To minimize noise conflicts between the store and surrounding residents, the store shall
limit the hours of access to the loading dock area at the north side of the store to between
6 am and $ 12 pm. The store shall provide facilities for loading from tl�e front of tlie
store if deliveries must be made during nighttime liours.
If witliin one year of tl�e store's opening tl�ere are signifcant complaints re arding
noise. due to access to the loadin� dock area a public hearin� sl�all be held before tl�e
Plannin� Commission The applicant shall pav for the cost of tlie �ublic l�earin� If it
is found that there are significant noise concerns. the Planning Commission mav amend
the hours of operation: require additional noise miti�ation measures• and/or require an
additional noise study to be paid for b t�he applicant This annual review cnav be
extended beyond one ,Year.
Monito�ing Program: Developer sl7all reco�d a�l agreeme�tt. or similcrr instru�nent
and shall incorporar.e into any lease agreements these
linritat,ions; evidence of this shall be subnziued to the Ciry.
Failure to comply may Ge growtds for revocation of [lr.e use
pennit. �ublic lt.eari�t& mav be held i complaurts are
recei ved.
(5)
7Yme Fiante:
�
21.
Respa:sible Agency:
lititial �greement s/�all be submiued prior to final
occupancy; period inspections by the Ciry will be conducted
on a complaint basis. Public hearing wit)rin o�r.e vear o�'
store's o.pening_
Planni�tg Department. �
Trash pick-up shall be limited to the hours between 6 am and 8 pm.
Monitoiing Program: See 19 above.
Parking lot sweeping shall be limited to the hours between 6 am and 8 pm in the truck
turn-around area and loading docks at the rear of the store.
Monitoring Program: See 19 above.
22. All sound walls and parapet walls shall be of impervious construction that provides a
surface density of 2.5 pounds per square foot or greater.
Monitoring Progmm: Consn�uction plans shall meet this requirement; compliance
shall be confirmed by field inspection.
7tme Frame: Plan checking prior to issuance of building perniit; field
inspection prior to final occup�rncy.
Responsible Ageizcy: Building Department.
23. All construction equipment sl�all be provided with well maintained, functional mufflers
to limit noise emissions.
Monitoring Program:
7�me Fiame:
Responsible Agency:
Equipment may be inspected during construction eitlzer
during usual fteld visits by City ir�spectors or on a
compla.int basis.
During grading and construction.
Building Department.
24. All construction activities shall be limited to Monday through Saturday between the hours
of 7 am and 8 pm.
Monitoring Progrant: City i�tspectors may enforce compliance tli.rouglz period
� field visits or on a complai�tt bnsis.
. 7Yme Fiame: Duriitg grading and construction.
Responsible Agency: Building Department.
25. To the greatest extent possible, grading and/or excavation operations at portions of the
site bordering developed areas si�ould occur during the middle of the day to minimize the
potential for disturbance of neighboring noise sensitive uses.
Monitoring Prograrn: Grading plans shall note this �•equi� on each page;
Ciry inspectors may enforce this requirement during usual
field visits or on a complaint basis.
7Fme I�'rame Plan checking prior to issuance of grnding pennit; field
checks during gradin.g.
(6).
Responsible Agency: Buildirr.g Department.
26. Property line sound walls should be erected as early as possible in the overall
construction of the project to reduce tl�e noise impact of subsequent construction activity
on neigl�boring uses.
Monitoring Progrr�m: 13uildi�ig plans shall include a itot.e with this directive; Ci .ry
inspecto�s may d7.eck for compliance durin.g early field
visits.
�
7Yme Frame: Plan checking prior to issleance of buil.diri.g per��iit; field
cl�ecks during consn•uction.
Responsible Ageitey: 13uilding Depar�ment.
27. The developer shall pay traffic impact fees of $2,656 per peak hour trip on tl�e back bone
system, or such other fee as may be adopted by tl�e City prior to issuance of a building
permit. Tlie cost of constructin� additional lanes and related conslruction costs in Oak
Park Boulevard and Grand Avenue shall be credited a�ainst anv traffic impact fees tliat
may be imposed.
Monitoring Pibg�am:
7Fme Finnte:
Responsible Agency:
Fees shall be paid.
Prior to issr�arice of buildi�rg pen�iits.
Pla�ani�7g a�rd 13uildi�i.g Deparunents.
28. The developer sl�all offer to dedicate land along the weslern property line to
accommodate future wideniiig of Oak Park Boulevard; the widt}� of said dedication sl�all
be subject to approval of the City Engineer, and the form of the dedication offer
approved by the City Attorney.
Monito�ing Prog�r�m: Of�j`'ei• of dedication sliall be subn�itted., apProved and
reco�ded; irnProvement plans and site pla»s shall reflect the
dedication of�"er.
7Fme Finme: Plan checking prior to issuance of building pern�it;
app�•oval and reco�ciation of of�j`er prior to f nal occupa�icy.
Responsible Agency: Planni�tg and Public Works for review of site plan and
improvement plans, respectively; Ciry Attorney fo�� forni of
reco� cted o,/� j`'er.
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29. The annlicant and the Director of Public Works shall request of Grover Beach and work
with Grover Beach to red curb the propertv north of Ramona Avenue on the west side
of Oak Park Boulevard. Public Works staff shall report back to the Plannin�
Commission with the results of said work.
Monitoring Prog��am: Applicant and Director oP Public Works to work witla
Grover Beach to red curb said �ropertv
7Yme Fiame: Prior to issuance o� iaal Certiftcate of Occupa.rtc,�
Responsible Agenc� Public Woiks Departments.
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31. Fire Department Impact Fees of $18,550 or other such fees as may be adopted by the
City Council prior to issuance of building permits, shall be paid prior to final inspection
of the store. (Fee does not include Pad "B".)
Monitoring Prog�am: Fees sliall be paid.
71ime Frante: Prior to ftnal occupa�tcy.
Responsible Agency: Fire Depa�•tment.
32. The landscaping plan shall be modified to reduce the number of large trees on tt�e
northern and western property lines above the supermarket. Species whicl� grow to
maximum heights of about 10 to 20 feet shall be substituted. The revised landscaping
plan shall be subject to the review and approval of the Planning and Parks and Recreation
Departments.
Monito,ing P��ogram: Revised landscaping plan shall re,flect this requirement;
field i��rpections shall conftrnt installation.
Time Frame: Plan diecking prior to issuance of building permit; field
inspection prior to final occcrpancy.
Responsible Agency: Planning and Parks and Recreation Departme��ts.
33. The treatment of roof top equipment shall be subject to City design review. Strategies
to reduce the prominence of such equipment may include use of low scale screens or
enclosures and painting the equipment the same color as the roof.
Monito�ing Prog�am: Treatment of roof top equipment shall be submitted to City
for approval; field i�ispections shall confinn compliance.
�g)
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TYme Fiame: Approval of trentment pr•ior to issuaiice of building per7�iit;
field ir�spection prior to final occupancy.
Respoitsible Age�tcy: Plan�ii�i.g and licrilding Depa�
34. In tlie event that during grading, construction or development of the project, any
archaeological resources are uncovered, all work shall be halted until the city has
reviewed the resources for their significance. If human burials are encountered, the
County Coroner (781-4513) st�all be contacted immediately. The applicant may be
required to provide arcl�aeological studies and/or mitigation measures. All grading and
improvement plans shall be noted to reflect this mitigation.
Monito�ing Program: All plans with subsu�face const.ruction or gradin.g shall note
this requirement on eadi page.
71ime Finrne: Plan d7ecking for note prior to issuance of grading or
� iinprovement plans.
Responsible Agency: I3uilding De.par�ment.
(9)