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PC R 23-2386RESOLUTION NO. 23-2386 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING CONDITIONAL USE PERMIT NO. 22-008 AND TENTATIVE PARCEL MAP 23-001, APPLIED FOR BY GREG COTTRELL, LOCATED AT 951 E. GRAND AVENUE WHEREAS, the applicant submitted an application for a Tentative Parcel Map to subdivide the existing parcel into four separate parcels; and WHEREAS, the applicant submitted also an application for a Conditional Use Pen -nit to establish three residential units and a commercial use at the subject property; and WHEREAS, the Planning Commission of the City of Arroyo Grande considered Conditional Use Permit Case No. 22-008 and Tentative Parcel Map 23-001 on July 18, 2023; and WHEREAS, the Planning Commission has held a public hearing on this application in accordance with the Arroyo Grande Municipal Code; and WHEREAS, the Planning Commission has found that this project is consistent with the General Plan and the environmental documents associated therewith; 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 has determined that the project is exempt pursuant to CEQA Guidelines Section 15332 regarding infill development; and WHEREAS, the,Planning Commission finds after due study, deliberation and public hearing, the following circumstances exist: Conditional Use Permit Findings: 1. The proposed -uses are conditionally permitted within the.subject district pursuant to the provisions of Section 16.16.050 of the Development Code and complies with all applicable provisions of the Development Code, the goals and objectives of the Arroyo Grande General Plan, and the development policies and standards of the City. In addition, the facility will operate in full compliance with all state and federal regulations. The proposed project complies with all applicable development standards for the Fair Oaks Mixed -Use zoning district, which implements the Land Use Element of the General Plan_ Furthermore, the project proposes residential units consistent with the Housing Element of the General Plan. The expansion of the nonconforming light manufacturing use is allowed with the approval of a conditional use permit by the Planning Commission. 2. The proposed use will not impair the integrity and character of the district in which it is to be established or located. The property is surrounded by developed properties consisting of various commercial and residential uses. Residential uses proposed are compatible with the adjacent uses and would not degrade the character of the district. Additionally, by definition, the processes and materials involved with light manufacturing are unlikely to cause significant impacts on surrounding land uses or the community, and therefore the expansion of this nonconforming use is not anticipated to adversely impact the integrity or character of the district. 3. The site is suitable for the type and intensity of use or development that is proposed. The project site is located in a mixed-use district that is developed with other residential and commercial uses. East Grand Avenue is classified as an arterial street in the Circulation Element and is suitable to handle the traffic generated by the proposed uses. 4. There are adequate provisions for water, sanitation, and public utilities and services to ensure the public health and safety. Existing infrastructure and public utilities exist to support the project. East Grand Avenue .is capable of handling the traffic generated by this project, and the City sidewalk is available for safe pedestrian circulation. City water and sewer utilities are available in the public right of way to serve the project Private utilities also already exist on the project site. 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 uses will be not produce excessive amounts of traffic, noise, fumes, or other impacts that would be detrimental to public welfare. Tentative Parcel Map f=indings _ _ 1. The proposed tentative parcel map is consistent with goals, objectives, policies, plans, programs, intent and requirements of the Arroyo Grande General Plan, as well as any applicable Specific Plan, and the requirements of this title. The proposed Parcel Map is consistent with the goals, objectives, and policies of the General Plan, specifically Policies LU5-8.2, LU5-9, and LU541.1 of the General Plan Land Use Element 2. The site is physically suitable for the type of development proposed. The site is approximately 17,800 square feet and is physically suitable for the development of three residences, the commercial uses and associated site improvements as proposed. 3. The site is physically suitable for the proposed density of development. The proposed infill development is appropriate for the size and configuration of the lot and the existing development on the property. The property is located in a mixed-use zone which is intended to accommodate this type of development. 4. The design of the tentative parcel map or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The tentative parcel map is proposed on an infill residential lot and the design of the map and associated improvements are not likely to cause substantial environmental damage. 5. The design of the subdivision or type of improvements is not likely to cause serious public health problems. The design of the parcel map on an infill residential lot and the type of improvements proposed is not likely to cause serious public health problems. 6. The design of the tentative parcel map or the type of improvements will not conflict with easements acquired by the public at large for access through, or use of, property within the proposed tentative parcel map or that alternate easements for access or for use will be provided, and that these alternative easements will be substantially equivalent to ones previously acquired by the public. The project site does not contain any existing public easements and therefore the proposed project will not interfere with any public easements. All existing private easements will remain or be appropriately updated. 7. The discharge of waste from the proposed subdivision into an existing community sewer system will not result in violation of existing requirements as prescribed_ by Division 7 (commencing with Section 13000) of the California Water Code. The proposed discharge of waste into the existing waste system is conditioned to meet requirements. 8. Adequate public services and facilities exist or will be provided as the result of the proposed tentative parcel map to support project development. Adequate public services and facilities exist along the E. Grand Avenue right of way to support the proposed parcel map and subsequent development. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves Conditional Use Permit Case No. 22-008 and Tentative Parcel Map 23-001, with the above findings and subject to the conditions set forth in Exhibit "A", attached hereto and incorporated herein by this reference. On motion by Commissioner Sackrison, seconded by Commissioner Berlin, and by the following roll call vote, to wit: AYES: Sackrison, Berlin, Buchanan, Roof, Maraviglia NOES: None ABSENT: None the foregoing Resolution was adopted this 181h day of July 2023. Fraw wall"J&H JAMIE MAGRAVIGUA CHAIR ATTEST: 1�6f PATRICK HOLUB SECRETARY TO THE COMMISSION AS TO CONTENT: BRIAN PEDROTTI COMMUNITY DEVELOPMENT DIRECTOR EXHIBIT "A" CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT CASE NO. 22-008 AND TENATIVE PARCEL MAP 23-001 951 E. GRAND AVENUE COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION 1. This approval authorizes a vesting tentative parcel map and the construction of a new 6,798 square foot mixed-use building consisting of 3,340 square feet on the ground floor for light manufacturing uses and three (3) residential condominiums on the second floor at the subject property. 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 Vesting Tentative Parcel Map No. 23-001 and Conditional Use Permit 22-008. 4. This application shall automatically expire on July 18, 2025, 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 Fair Oaks Mixed Use zoning district requirements except as otherwise approved. 6. Development shall occur in substantial conformance with the plans presented to the Planning Commission at the meeting of July 18, 2023, and marked Exhibit B and on file in the Community Development Department]. 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 and mitigation measures shall be incorporated into all construction documents. 9. Applicant shall submit a tabular matrix showing status of all conditions of approval and mitigation measures prior to first building permit submittal and again before project closeout 10. At the time of application for construction permits, plans submitted shall show all development consistent with the approved site plan, floor plan, architectural elevations hnd landscape plan. 11 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. 12. 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". 13. Setbacks, lot coverage, and floor area ratios shall be as shown on the development plans including those specifically modified by these conditions. 14. 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. 15. 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. 16. 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). 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 before the final building inspection. 20. All new electrical panel boxes shall be installed inside the building(s). 21. Buildings equipped with a fire sprinkler system shall also have a Fire Department Connection (FDC), which shall be located to the east of the driveway which serves as the 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. 22. Fire Department Connections (FDC) shall be located on the subject property east of the driveway. 23. 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. 24. 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. 25. 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. SUBDIVISION CONDITIONS 26. The developer shall comply with Development Code Chapter 16.20 "Land Divisions". 27. The developer shall comply with Development Code Chapter 16.64 "Dedications, Fees and Reservations." 28. The developer shall comply with Development Code Chapter 16.68 "Improvements". 29. The applicant shall submit Covenants, Conditions and Restrictions (CC&R's) that are administered by a subdivision homeowners' association, formed by the applicant for the area within the subdivision. The CC&R's shall be reviewed and approved by the City Attorney and recorded prior to or concurrently with the final map. At a minimum, the CC&R's shall: a. Provide for maintenance of the driveways, common areas, private utility lines and other common facilities; b. Prohibit additions to the units; and c. Inform residents of the water conservation requirements placed on this project. 30. A joint maintenance agreement for the drainage facilities, parking lot, private sewer infrastructure, and common walkways shall be submitted for review and approval of the City Attorney. The joint maintenance agreement shall be recorded prior to or concurrently with the final map. 31. An operations and maintenance agreement shall be submitted for all drainage facilities. 32. A building permit will not be issued until all drainage facilities are functional to the satisfaction of the Community Development Director. INCLUSIONARY HOUSING 33. 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 five percent (5%) of the total construction costs for the residential component of the project within the development. The fee is due prior to building permit issuance. BUILDING AND LIFE SAFETY DIVISION AND FIRE DEPARTMENT CONDITIONS BUILDING CODES 34. 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 35. Prior to occupancy, the applicant shall post designated fire lanes, per Section 22500.1 of the California Vehicle Code. 36. All fire lanes must be posted and enforced, per Police Department and Fire Department guidelines. — — - - - FIRE FLOWIFIRE HYDRANTS 37. Project shall have a fire flow in accordance with the California Fire Code. FIRE SPRINKLER 38. All buildings must be fully sprinklered per Building and Fire Department guidelines and per the California Fire Code. 39. Maintain fire apparatus access per the California Fire Code Appendix D, as adopted by the City of Arroyo Grande. ABANDONMENT 1 NON -CONFORMING 40. The applicant shall show proof of properly abandoning all non -conforming items such as septic tanks, wells, underground piping and other undesirable conditions. ENGINEERING DIVISION CONDITIONS POST CONSTRUCTION REQUIREMENTS REGIONAL WATER QUALITY CONTROL BOARD, STORMWATER CONTROL PLAN, OPERATIONS AND MAINTENANCE PLAN, AND ANNUAL STORMWATER CONTROL FACILITIES MAINTENANCE 41. 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. 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). 42. Prior to any Permit — Stormwater Control Plan. Provide a Stormwater Control Pian that complies with Engineering Standard 1010 Section 5.2.2. 43. 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 5.2.3. GENERAL COTIDITIONS --- 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. The trash enclosure may drain to the storm drain and shall be equipped with a filtration device. 47. 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. Record Drawings ("as -built" plans) are required to be submitted prior to release of the Faithful Performance Bond. 51. 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 E. Provide One (1) set of paper prints and electronic documents on CD or flash drive in both AutoCAD and PDF format. AutoCAD drawings shall be in State plane coordinates. 52. Submit three (3) full-size paper copies and one (1) electronic PDF file of approved improvement plans for inspection purposes during construction. 53. Preserve existing survey monuments and vertical control benchmarks in compliance with Standard Specifications Section 5-1.26A. 54. Provide one (1) new vertical control survey benchmark, per City Standard, as directed by City Engineer. IMPROVEMENT PLANS 55. Public Improvement Plans, Site Civil Pians, and Maps shall be submitted to the Community Development Department Engineering Division be separate submittal from any vertical construction/structures building improvement plans. 56. 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 Dep artment. The follownig-plan sheet shall beProvlded. - a. b. 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. c. Grading Plan with Cross Sections d. Retaining Wall Plan and Profiles e. Roadway Improvements Plan and Profiles f. Storm Drainage Plan and Profile g. Utilities - Water and Sewer Plan and Profile h. Utilities — Composite Utility i. Signing and Striping j. Erosion Control K Landscape and Irrigation Plans for Public Right -of -Way I. Tree Protection Plan m. Details n. Notes o. Conditions of Approval and Mitigation Measures p. Other improvements as required by the Community Development Director. (NOTE: All plan sheets must include City standard title blocks) q. Engineers estimate for construction cost based on County of San Luis Obispo unit cost. 57. Prior to approval of an improvement plan the applicant shall enter into an agreement with the City for inspection of the required improvements. 58. The applicant shall be responsible for obtaining an encroachment permit for all work within a public right-of-way. 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. Street structural sections shall be determined by an R -Value soil test, but shall not be less than 3" of asphalt and 6" of Class II AB. CURB GUTTER, AND SIDEWALK 61. Install new concrete curb, gutter, and sidewalk as directed by the Community Development Director and Public Works Director. 62. Install ADA compliant facilities where necessary or verify that existing facilities are compliant with State and City Standards. 63. Any sections of damaged or displaped curb, gutter & sidewalk or driveway approach shall be repaired or replaced to the satisfaction of the Public Works Director DEDICATIONS AND EASEMENTS 64. A blanket Public Utility Easement (PUE) shall be dedicated over the project site. 65. All easements, abandonments, or similar documents to be recorded as a document separate from a map, shall be prepared by the applicant on 8 112 x 11 City standard forms, and shall include legal descriptions, sketches, closure calculations, and a current preliminary title report.. The applicant shall be responsible for aii required tees, including any additional required City processing. 66. The subdivider shall enter into a subdivision agreement for the completion and guarantee of improvements required. The subdivision agreement shall be on a form acceptable to the City. GRADING AND DRAINAGE 67. Drainage facilities shall be designed in compliance with Engineering Standard 1010 Section 5.1.2. 68. 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. 69. Infiltration basins shall be designed based on soil percolation tests. Infiltration test shall include adequate borings depth and frequency to support design recommendations. WATER 70. Whenever possible, all water mains shall be looped to prevent dead ends. The Public Works Director must grant permission to dead end water mains. 71. A Reduced Pressure Principle (RPP) backflow device is required on all water lines to the new structure. -72. A Double lstector Check (DDC backflow device is required on the water seMce line to the new structure. Fire Department Connections (FDC) must be remote and locations to be approved by the Building Official and Fire Chief. 73. The DDC shall be placed inside the building or adjacent to the building. Other locations for the DDC shall be approved by the Community Development Director. 74. Each parcel shall have separate water meters. 75. Non -potable water is available at the Soto Sports Complex. The City of Arroyo Grande does not allow the use of hydrant meters. 76. Lots using fire sprinklers shall have individual service connections. 77. Existing water services to be abandoned shall be abandoned in compliance with Engineering Standard 6050. SEWER 78. The applicant shall provide a sewer main through the site to adequately serve the project. The new sewer main shall be a minimum diameter of 6". 79. All sewer laterals shall comply with Engineering Standard 6810. 80. Existing sewer laterals to be abandoned shall be abandoned in compliance with Engineering Standard 6050. 81. Each parcel shall be provided a separate sewer lateral. Laterals shall be sized for the appropriate use, minimum 4". 82. All sewer mains or laterals crossing or parallel to public water facilities shall be constructed in accordance with Standard Specifications and Engineering Standards. 83. Obtain approval from the South San Luis Obispo County Sanitation District for the development's impact to District facilities prior to permit issuance. 84. Obtain approval from the South San Luis Obispo County Sanitation District prior to relocation of any District facilities. 85. 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 86. 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. 87. All new and relocated dry utilities shall be shown on a utility plan. 88. Prior to approving any building permit within the project for occupancy, all conditions of approval for project shall be satisfied. 89. Public Improvement plans/Final Map/Parcel Map 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. 90. Street lighting shall comply with Engineering Standard 1010 Section 3.1.2.Q. 91. Upon execution of PG&E contract, submit contract to the City. Include PG&E schematic in the project plan set." PUBLIC SAFETY 92. Prior to issuance of a certificate of occupancy, the applicant shall post accessible parking signage, per California Building Code Section 11B and other applicable standards. FEES AND BONDS The applicant shall pay all applicable City fees, including the following: 93. FEES TO BE PAID PRIOR TO PLAN SUBMITTAL a. Map check fee for Parcel Map. b. Plan check for grading plans (Based on an approved earthwork estimate). c. Plan check for improvement plans (Based on an approved construction cost estimate). d. Permit Fee for grading plans (Based on an approved earthwork estimate). e. Inspection Fee of subdivision or public works construction plans (Based on an approved construction cost estimate). f. 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) 94. 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. 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. Strong Motion Instrumentation Program (SMIP) Fee, to be based on codes and rates in effect at the time of development. m. Building Permit Fee, to be based on codes and rates in effect at the time of development. 95. FEES TO BE PAID OR LAND DEDICATED PRIOR TO RECORDATION OF THE FINAL 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. 96. 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 97. 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. 98. 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. 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 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.