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PC R 24-2396RESOLUTION NO. 24-2396 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING CONDITIONAL USE PERMIT 22-007; SUBDIVISION AND CONSTRUCTION OF MULTI -FAMILY RESIDENCES; LOCATION —1255 EAST GRAND AVENUE; APPLICANT — JOHN HAYASHI; REPRESENTATIVE — MATT CEBULLA, CEBULLA AND ASSOCIATES WHEREAS, the existing project site is an approximately 21,104 square foot (0.48ac) parcel located at 1255 East Grand Avenue, and WHEREAS, the applicant has filed Conditional Use Permit 22-007 and Tentative Tract Map 22-007 to complete a subdivide the existing parcel and construct eight (8) multi -family residences; and WHEREAS, the Staff Advisory Committee considered the project on July 27, 2023 and recommended approval of the project; and WHEREAS, the Architectural Review Committee considered the project on January 22, 2024 and recommended approval of the project; and WHEREAS, In compliance with the California Environmental Quality Act (CEQA), the Community Development Department has determined that the proposed project categorically exempt per Section 15332 of the State CEQA Guidelines regarding infill development. WHEREAS, the Planning Commission of the City of Arroyo Grande has reviewed the project at a duly noticed public hearing on February 6, 2024; and WHEREAS, the Planning Commission finds, after due study, deliberation, and public hearing, the following circumstances exist: 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 a mixed use project is permitted with approval of a conditional use permit by the Planning Commission after receiving a recommendation from the Staff Advisory Committee and Architectural Review Committee and the project complies with all applicable provisions of the Arroyo Grande General Plan and Municipal Code. 2. The proposed use world not impair the integrity and character of the district RESOLUTION NO. 24-2396 PAGE 2 in which it is to be established or located. The proposed use of the site for a mixed-use project will not impair the integrity of the project site due to the application being consistent with the City's development standards and applicable zoning regulations. 3. The site is suitable for the type and intensity of use or development that is proposed. The site is an approximately 0.48ac parcel with existing development and the site is suitable for additional development based on conformance with the City's development standards and zoning regulations. 4. There are adequate provisions for water, sanitation, and public utilities and services to ensure public health and safety. The project involves the subdivision of an existing lot and the construction of eight (8) new multi -family units along the East Grand Avenue corridor. The site is adequate for development and zoning regulations and development standards will ensure that the project does not impact public health and safety. 5. The proposed use will not be detrimental to the public health, safety or welfare or materially injurious to properties and improvements in the vicinity. The proposed use will not be detrimental to the public health, safety or welfare, nor materially injurious to properties or improvements in the vicinity, as it will comply with conditions of approval specifically developed for the project. Tentative Tract Map Findings: 6. The proposed tentative tract 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 tentative map, as submitted, is consistent with all applicable goals, objectives and plans as well as the Arroyo Grande General Plan. Conditions of approval have been drafted to ensure consistency in this regard. 7. The site is physically suitable for the type of development proposed. The site is a vacant parcel that is suitable for the proposed construction of eight (8) multi -family units. 8. The site is physically suitable for the proposed density of development. The proposed density is under the maximum allowable density, and, therefore, the site is physically suitable for the proposed density of development. RESOLUTION NO. 24-2396 PAGE 3 9. The design of the tentative tract map or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. There is no anticipated environmental impact associated with this project due to the prior urbanization of the site and the surrounding area. 10. The design of the subdivision or type of improvements is not likely to cause serious public health problems. Improvements have been designed to remove concems regarding public health and have been designed to improve walkability and the safety of pedestrians and drivers along the East Grand Avenue corridor. 11. The design of the tentative tract 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 tract 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 tentative tract map will not interfere with any existing easements owned by the public at large. 12. The discharge of waste from the proposed subdivision into an existing community sewer system will not result in violation of existing requirements as prescribed in Division 7 (commencing with Section 13000) of the California Water Code. The project site currently has access to all necessary utilities and will continue to have access after completion of the project. 13. Adequate public services and facilities exist or will be provided as the result of the proposed tentative tract map to support project development. The existing site has access to all necessary -services and facilities and will continue to have access after completion of the project. 14. For a proposed subdivision that includes, or is adjacent to an agriculture district; the design of the tentative map or proposed improvements shall provide an adequate buffer, according to Section 16.12.170(F) and as further determined through environmental review under CEQA, to minimize potential conflicts between agricultural and non-agricultural land uses and to protect the public health, safety and welfare. The proposed project is not adjacent to any agricultural lands and, therefore, no agricultural buffer is proposed or required. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves Conditional Use Permit 22-007 and Tentative Tract Map 22-007 RESOLUTION NO. 24-2396 PAGE 4 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 Sackrison, seconded by Commissioner Roof, and by the following roll call vote, to wit: AYES: Sackrison, Roof and Buchanan NOES: None ABSTAIN Maraviglia ABSENT: Berlin the foregoing Resolution was adopted this 6th day of February 2024 RESOLUTION NO. 24-2396 PAGE 5 JAMIE mAkAvi&IA CHAIR ATTEST: /55e-(7- 7�&/- - PATRICK HOLUB SECRETARY TO THE COMMISSION AS TO CONTENT: 1 BRIAN PEDROTTI COMMUNITY DEVELOPMENT DIRECTOR RESOLUTION NO. 24-2396 PAGE 6 EXHIBIT `A' CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 22-007 TENTATIVE TRACT MAP 22-007 1255 EAST GRAND AVENUE COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION GENERAL CONDITIONS 1. This approval authorizes the subdivision of an existing parcel into eight (8) new parcels and the construction of eight (8) multi -family residences at 1255 East Grand Avenue. 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 CUP 22-007 and TTM 22-007. 4. This application shall automatically expire on February 7, 2026 unless a building permit is issued or the final map is recorded. Thirty (30) days prior to the expiration of the approval, the applicant may apply for an extension of one (1) year from the original date of expiration. 5. Development shall conform to the Gateway Mixed Use (GMU) requirements except as otherwise approved. 6. Development shall occur in substantial conformance with the plans presented to the Planning Commission at the meeting of February 7, 2024 and on file in the Community Development Department. 7. To the extent permitted by law, Applicant shall defend, indemnify and hold harmless the City of Arroyo Grande, its City Council, its officers, employees and agents (the "indemnified parties") from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside, or void any permit or approval for this project authorized by the City, including (without limitation) reimbursing the City its actual attorney's fees and costs in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its choice. The Applicant shall reimburse the City for any court and attorney's fees which the City may be required to pay as a result of any claim or action brought against the City related to this permit or approval. Although the Applicant is the real party in interest in an action, the City may, at its sole discretion, participate at its own expense in the defense of the action, but such participation shall not relieve RESOLUTION NO. 24-2396 PAGE 7 the Applicant of any obligation 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 and 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, any 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. Final design and location of the trash enclosure(s) shall be reviewed by the Architectural Review Committee and approved by the Community Development Director. 18. 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. RESOLUTION NO. 24-2396 PAGE 8 19. 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). 20. Landscaping in accordance with the approved landscaping plan shall be installed or bonded for before final building inspection/establishment of use. The landscape and irrigation plan shall be prepared by a licensed landscape architect subject to review and approval by the Community Development and Public Works Departments. The landscape plan shall be in conformance with Development Code Chapter 16.84 (Water Efficient Landscape Requirements) and shall include the following: a. Tree staking, soil preparation and planting detail; b. The use of landscaping to screen ground -mounted utility and mechanical equipment; c. The required landscaping and improvements. This includes: i. Deep root planters shall be included in areas where trees are within five feet (5) of asphalt or concrete surfaces and curbs; ii. Water conservation practices including the use of low flow heads, drip irrigation, mulch, gravel, drought tolerant plants. iii. An automated irrigation system using smart controller (weather based) technology. iv. The selection of groundcover plant species shall include native plants. V. Linear planters shall be provided in parking areas. vi. Turf areas shall be limited in accordance with Section 16.84.040 of the Development Code. 21. All trees on the construction site to be preserved shall be protected under the conditions of the Community Tree Ordinance (431 C.S.) which include but are not limited to: a. No mechanical trenching within the drip line of a tree, unless approved by the Parks and Recreation Director. b. No storage of equipment, supplies, tools, etc., within 8' of the trunk of any tree. C. No grading shall occur under a tree's 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. RESOLUTION NO. 24-2396 PAGE 9 e. At a minimum, all pruning shall comply with the American National 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. 22. All trees to be pruned shall be pruned under supervision of a Certified Arborist using the International Society of Arboriculture (ISA) Pruning Standards. 23. 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. 24. All new electrical panel boxes shall be installed inside the building(s). 25. 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. 26. 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. 27. 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. 28. 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. 29. 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. RESOLUTION NO. 24-2396 PAGE 10 SUBDIVISION CONDITIONS 30. The developer shall comply with Development Code Chapter 16.20 "Land Divisions". 31. The developer shall comply with Development Code Chapter 16.64 "Dedications, Fees and Reservations." 32. The developer shall comply with Development Code Chapter 16.68 "Improvements". 33. 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, sewer lines and other facilities; b. Prohibit additions to the units; c. Require garages to be kept clear for parking cars at all times;. and d. Inform residents of the water conservation requirements placed on this project. 34. An operations and maintenance agreement shall be submitted for all drainage facilities. 35. The applicant shall remove all structures in conflict with new lot lines. 36. A building permit will not be issued until all drainage facilities are functional to the satisfaction of the Community Development Director. INCLUSIONARY HOUSING 37. The developer shall comply with Development Code Chapter 16.80 "Inclusionary Affordable Housing Requirements". BUILDING AND LIFE SAFETY DIVISION AND FIRE DEPARTMENT CONDITIONS BUILDING CODES 38. 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 39. Prior to occupancy, the applicant shall post designated fire lanes, per Section 22500.1 of the California Vehicle Code. RESOLUTION NO. 24-2396 PAGE 11 40. All fire lanes must be posted and enforced, per Police Department and Fire Department guidelines. FIRE FLOW/FIRE HYDRANTS 41. Project shall have a fire flow in accordance with the California Fire Code. 42. Fire hydrants shall be installed, per Fire Department and Public Works Department standards and per the California Fire Code. 43. The applicant shall install a new fire hydrant in one of the landscaped islands adjacent to the guest parking area. 44. The applicant shall raise the grade of the existing Fire Department Connection (FDC) per City Engineering Standard 6410. SECURITY KEY BOX 45. The applicant must provide an approved "security key box," per Building and Fire Department guidelines and per the California Fire Code. FIRE SPRINKLER 46. All buildings must be fully sprinklered per Building and Fire Department guidelines and per the California Fire Code. 47. Provide Fire apparatus access per the California Fire Code Appendix D, as adopted by the City of Arroyo Grande. This includes removing a portion of the porte cochere to allow fire truck access around all sides of the bank. ABANDONMENT / NON -CONFORMING 48. 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 49. 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 RESOLUTION NO. 24-2396 PAGE 12 50. 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). GENERAL CONDITIONS 51. The developer shall reimburse the City for all costs associated with outside plan checks performed at either the developer's or City's request. 52. The developer shall sweep streets in compliance with Standard Specifications Section 13-4.03F. 53. For work requiring engineering inspections, working hours shall comply with Standard Specification Section 5-1.01. 54. Provide trash enclosure 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. 55. 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. 56. All residential units shall be designed to mitigate impacts from non-residential project noise, in compliance with the City's noise regulations. 57. 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. 58. Record Drawings ("as -built" plans) are required to be submitted prior to release of the Faithful Performance Bond. RESOLUTION NO. 24-2396 PAGE 13 59. 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. 60. Submit three (3) full-size paper copies and one (1) electronic PDF file of approved improvement plans for inspection purposes during construction. 61. Preserve existing survey monuments and vertical control benchmarks in compliance with Standard Specifications Section 5-1.26A. 62. Provide one (1) new vertical control survey benchmark, per City Standard, as directed by City Engineer. IMPROVEMENT PLANS 63. Public Improvement Plans, Site Civil Plans, and Maps shall be submitted to the Public Works Department Engineering Division be separate submittal from any vertical construction/structures building improvement plans. 64. 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 RESOLUTION NO. 24-2396 PAGE 14 k. Tree Protection Plan I. Details m. Notes n. Conditions of Approval and Mitigation Measures o. Engineers estimate for construction cost based on County of San Luis Obispo unit cost. 65. Submit all retaining wall calculations for review and approval by the Community Development Director including any referenced geotechnical report. 66. Prior to approval of an improvement plan the applicant shall enter into an agreement with the City for inspection of the required improvements. 67. Applicant shall fund outsourced plan and map check services, as required. 68. The applicant shall be responsible for obtaining an encroachment permit for all work within a public right-of-way (City, County and/or Caltrans). CURB. GUTTER. AND SIDEWALK 69. Install new concrete curb, gutter, and sidewalk as directed by the Community Development Director and Public Works Director. 70. Install ADA compliant facilities where necessary or verify that existing facilities are compliant with State and City Standards. This includes the installation of two new ADA compliant commercial drive approaches. 71. Install tree wells with root barriers for all trees planted adjacent to curb, gutter and sidewalk to prevent damage due to root growth. 72. Any sections of damaged or displaced curb, gutter & sidewalk or driveway approach shall be repaired or replaced to the satisfaction of the Public Works Director DEDICATIONS AND EASEMENTS 73. All easements, abandonments, or similar documents to be recorded as a document separate from a map, shall be prepared by the applicant on 8 1/2 x 11 City standard forms, and shall include legal descriptions, sketches, closure calculations, and a current preliminary title report. The applicant shall be responsible for all required fees, including any additional required City processing. 74. Abandonment of public streets and public easements shall be listed on the final map of parcel map, in accordance with Section 66499.20'/ of the Subdivision Map Act. GRADING AND DRAINAGE RESOLUTION NO. 24-2396 PAGE 15 75. 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. 76. All grading shall be performed in accordance with the City Grading Ordinance and Standard Specifications and Engineering Standards. 77. Drainage facilities shall be designed in compliance with Engineering Standard 1010 Section 5.1.2. 78. 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. 79. The applicant shall dedicate a pedestrian access easement(s) for the ADA sidewalk extension. 80. Infiltration basins shall be designed based on soil percolation tests. Infiltration test shall include adequate borings depth and frequency to support design recommendations. 81. The applicant shall submit an engineering study regarding flooding related to the project site. Any portions of the site subject to flooding from a 100 -year storm shall be shown on the tentative map or other recorded document, and shall be noted as a building restriction. WATER 82. Whenever possible, all water mains shall be looped to prevent dead ends. The Public Works Director must grant permission to dead end water mains. 83. A Reduced Pressure Principle (RPP) backflow device is required on all water lines to the structures and/or landscape irrigation. 84. A Double Detector Check (DDC) backflow device is required on all new water service connections. Fire Department Connections (FDC) must be remote and locations to be approved by the Building Official and Fire Chief. 85. The DDC shall be placed inside the building or adjacent to the building. Other locations for the DDC shall be approved by the Director or Community Development. 86. Each parcel shall have separate water meters. 87. Non -potable water is available at the Soto Sports Complex. The City of Arroyo Grande RESOLUTION NO. 24-2396 PAGE 16 does not allow the use of hydrant meters. 88. Lots using fire sprinklers shall have individual service connections. 89. Existing water services to be abandoned shall be abandoned in compliance with Engineering Standard 6050. .qFWFR 90. All sewer laterals shall comply with Engineering Standard 6810. 91. Existing sewer laterals to be abandoned shall be abandoned in compliance with Engineering Standard 6050. 92. Each parcel shall be provided a separate sewer lateral. Laterals shall be sized for the appropriate use, minimum 4". 93. All sewer mains or laterals crossing or parallel to public water facilities shall be constructed in accordance with Standard Specifications and Engineering Standards. 94. Obtain approval from the South San Luis Obispo County Sanitation District for the development's impact to District facilities prior to permit issuance. 95. Obtain approval from the South San Luis Obispo County Sanitation District prior to relocation of any District facilities. 96. 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 97. 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. 98. All new and relocated dry utilities shall be shown on a utility plan. 99. Prior to approving any building permit within the project for occupancy, all conditions of approval for project shall be satisfied. 100. Public Improvement plans and Final 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. 101. Street lighting shall comply with Engineering Standard 1010 Section 3.1.2.Q. RESOLUTION NO. 24-2396 PAGE 17 102. Upon execution of PG&E contract, submit contract to the City. Include PG&E schematic in the project plan set." TREE PRESERVATION/TREE REMOVAL PLAN 103. 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. 104. 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. 105. All significant trees to be removed as designated by the Director of Public Works/City Arborist shall be replaced at a 3:1 ratio and planted on site. With the approval of the Public Works Director, tree removal shall be mitigated by planting on site, off-site, or payment of in -lieu fees (at the current street tree fee rate for a 15 -gallon tree). Larger trees may be required to mitigate tree removal. Prior to issuance of a grading permit, all trees shall be planted, or fees paid. 106. 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. 107. All trees on the construction site to be preserved shall be protected under the conditions of the Community Tree Ordinance (431 C.S.) which include but are not limited to: a. No mechanical trenching within the drip line of a tree, unless approved by the Parks and Recreation Director. b. No storage of equipment, supplies, tools, etc., within 8' of the trunk of any tree. C. No grading shall occur under a trees dripline, unless approved by the Public Works Director. d. A five foot (6) protective fence shall be constructed a minimum of 8' from the trunk of each tree. 108. All trees to be pruned shall be pruned under supervision of a Certified Arborist using the International Society of Arboriculture (ISA) Pruning Standards. PUBLIC SAFETY 109. Prior to issuance of building permit, applicant to submit exterior lighting plan for Police Department approval. RESOLUTION NO. 24-2396 PAGE 18 110. 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. 111. Prior to issuance of a certificate of occupancy, the applicant shall install a burglary [or robbery] alarm system per Police Department guidelines, and pay the Police Department alarm permit application fee of ($94.00). Annual renewal fee is $31.00. FEES AND BONDS The applicant shall pay all applicable City fees, including the following: 112. FEES TO BE PAID PRIOR TO PLAN SUBMITTAL a. Map check fee for Tract 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) 113. 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 RESOLUTION NO. 24-2396 PAGE 19 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 (SMIP) Fee, to be based on codes and rates in effect at the time of development. n. Building Permit Fee, to be based on codes and rates in effect at the time of development. 114. Prior to issuance of a certificate of occupancy, the applicant shall install a burglary [or robbery] alarm system per Police Department guidelines and pay the Police Department alarm permit application fee. 115. 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. d. Affordable Housing in Lieu fee, in accordance with Chapter 16.80 of the Development Code. 116. 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 117. 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. 118. The applicant shall provide bonds or other financial security for the following. All bonds or security shall be in a form acceptable to the City, and shall be provided prior to recording of the map, unless noted otherwise. The minimum term for Improvement securities shall be equal to the term of the subdivision agreement. (TRACT AND PARCEL MAPS) a. Faithful Performance, 100% of the approved estimated cost of all RESOLUTION NO. 24-2396 PAGE 20 subdivision improvements. b. Erosion Control and Landscape, 100% of the approved estimated cost of all erosion control work during construction and the estimated cost of all final landscaping after construction is complete. This bond is refundable upon successful completion of the work, less expenses uncured by the City in maintaining and/or restoring the site. c. Labor and Materials, 50% of the approved estimated cost of all subdivision improvements. d. One Year Guarantee, 10% of the approved estimated cost of all subdivision improvements. This bond is required prior to acceptance of the subdivision improvements. e. Monumentation, 100% of the estimated cost of setting survey monuments. f. Tax Certificate, the applicant shall furnish a certificate from the tax collector's office indicating that there are no unpaid taxes or special assessments against the property g. Accessory Structures, the applicant shall remove or bond for removal of all accessory structures not sharing a parcel with a residence. h. Garages, the applicant shall construct, or bond for construction of a two -car garage and driveway for the existing house on lot i. Curb cuts, the applicant shall construct or bond for construction of individual curb cuts and paved driveways for parcels.