PC R 06-2012RESOLUTION NO. 06-2012
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ARROYO GRANDE APPROVING
TENTATIVE TRACT MAP 06-003 AND PLANNED UNIT
DEVELOPMENT 06-003; LOCATED AT 184 & 189 BRISCO
ROAD; APPLIED FOR BY RICK WHEELER
WHEREAS, the applicant has filed Tentative Tract Map 06-003 to subdivide finro
properties totaling approximately 1.00 acres located at 184 & 189 Brisco Road into
fourteen (14) lots; and
WHEREAS, the applicant has filed Planned Unit Development 06-003 �to construct
fourteen (14) townhouses, in conjunction with Tentative Tract Map 06-003; and
WHEREAS, the Planning Commission of the City of Arroyo Grande has considered
Tentative Tract Map 06-003 and Planned Unit Development 06-003 (`Exhibit B') at a
public hearing on September 19, 2006 in accordance with the Municipal Code of the City
of Arroyo Grande; and
WHEREAS, the Planning Commission found that this project is consistent with the City's
General Plan, Development Code and the environmental documents associated
therewith, and has reviewed the Draft Mitigated Negative Declaration with mitigation
measures under the provisions of the California Environmental Quality Act (CEQA); and
WHEREAS, the Planning Commission finds, after due study, deliberation and public
hearing, that the following circumstances exist:
Tentative Tract Map Findings
1. 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.
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The proposed tentative tract map would allow the project area to be developed at
a density and with uses that are consistent with the City's General Plan Land Use
Element.
The site is physically suitable for the type of development proposed.
The project area is surrounded by urban development of similar and compatible
uses, and with the mitigation measures contained in the Mitigated Negative
Declaration, the site is physically suitable for the type of development proposed.
The site is physically suitable for the proposed density of development.
The project area is approximately 1.00 acres in size and is allowed a maximum
density of fourteen (14) total dwelling units. The project site has access to all
necessary services and utilities.
RESOLUTION NO. 06-2012
TTM 06-003 & PUD 06-002
PAGE 2
4. 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.
The design of the tract map will not cause any environmental damage nor will it
injure either fish or wildlife or their habitat, as there is no significant habitat value to
the project site.
5. The design of the subdivision or type of improvements is not likely to cause serious
public health problems.
The design of the subdivision will not cause any serious public health problems.
6. 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 design of the tentative map will not conflict with any public easements; both
properties have access to Brisco Road (public road).
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 in
Division 7(commencing with Section 13000) of the California Water Code.
The subdivision will abide by all City and South County Sanitation District
standards relating to sewer system design.
8. Adequate public services and facilities exist or will be provided as the result of the
proposed tentative tract map to support project development.
The tentative tract map is located adjacent to all necessary public facilities and
will not negatively affect the adequacy of those facilities.
Planned Unit Development Findings
1. That the proposed development is consistent with the goals, objectives and
programs of the general plan and any applicable specific plan;
The proposed development of an attached multi-family residential project is
allowed in the Multi-Family Apartment (MFA) zoning district.
2. That the site for the proposed development is adequate in size and shape to
accommodate the use and all yards, open spaces, setbacks, walls and fences,
parking area, loading areas, landscaping, and other features required;
RESOLUTION NO. 06-2012
TTM 06-003 & PUD 06-002
PAGE 3
The proposed development provides an adequate amount of open space based
on the proposed density, which is less than the allowed maximum. The
development has been designed so that each unit has a private yard and
approximately 10% of the total project area will be dedicated to common open
space. Additionally, the proposed development exceeds minimum required
parking standards.
3. That the site for the proposed development has adequate access, meaning that
the site design and development plan conditions consider the limitations of existing
streets and highways;
Brisco Road will serve the project area; the project will not generate a substantial
number of either daily or peak-hour vehicle trips per General Plan policy.
4. That adequate public services exist, or will be provided in accordance with the
conditions of development plan approval, to serve the proposed development; and
that the approval of the proposed development will not result in a reduction of such
public services to properties in the vicinity so as to be a detriment to public health,
safety or welfare;
The proposed development is located adjacent to or in close proximity to all
� necessary public services; the proposed development will not cause a reduction in
these services to other properties in the vicinity so as to be a detriment to public
health, safety or welfare.
5. That the proposed development, as conditioned, will not have a substantial
adverse effect on surrounding property, or the permitted use thereof, and will be
compatible with the existing and planned land use character of the surrounding
area;
The proposed development is consistent with the use and density as described in
the Land Use Element of the General Plan and is compatible with and
complimentary to surrounding uses, which include multi-family and public facility
developments.
6. That the improvements required, and the manner of development, adequately
address all natural and manmade hazards associated with the proposed
development and the project site, including, but not limited to, flood, seismic, fire
and slope hazards;
There is minimal hazard risk on the project site, limited only to possible seismic
events. There is no flood hazard associated with the project site, and with the
mitigation measures contained in the Mitigated Negative Declaration, slope
hazards will be minimized to a less than significant level.
7. The proposed development carries out the intent of the planned unit development
provisions by providing a more efficient use of the land and an excellence of
design greater than that which could be achieved through the application of
conventional development standards;
RESOLUTION NO. 06-2012
TTM 06-003 & PUD 06-002
PAGE 4
The proposed development provides a more efficient use of the land than could be
achieved through the strict application of the Multi-Family Apartment (MFA) zoning
district by allowing the property to be subdivided in a manner consistent with and
reflective of allowed. density, while providing an adequate amount of open space
and all necessary parking.
8. The proposed development complies with all applicable performance standards
listed in Section 16.32.050(E).
As designed, the proposed development complies with the City's performance
standards for planned unit developments.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Arroyo Grande hereby approves Tentative Tract Map 06-003 and Planned Unit
Development 06-003, 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 Ray, seconded by Commissioner Brown, and by the
following roll call vote, to wit:
AYES: Commissioners Ray, Brown, Parker, Tait and Chair Fellows
NOES: None
ABSENT: None
the foregoing Resolution was adopted this 19�' day of September, 2006.
ATTEST:
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LYN EARDON-SMITH, CHUCK FELLOWS, CHAIR
SECRETARY TO THE COMMISSION
AS TO CONTENT:
KELLY EFFE�t '�ON,
ACTI G COMMUNITY DEVELOPMENT DIRECTOR
RESOLUTION NO. 06-2012
TTM 06-003 � PUD 06-002
PAGE 5
CONDITIONS OF APPROVAL
TENTATIVE TRACT MAP 06-003 AND
PLANNED UNIT DEVELOPMENT 06-003
184 & 189 BRISCO ROAD
This approval authorizes the subdivision of two (2) properties totaling approximately 1.00
acres into fourteen (14) lots and construction of fourteen (14) townhouses.
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The applicant shall ascertain and comply with all Federal, State, County and City
requirements as are applicable to this project.
2. The applicant shall comply with all conditions of approval for Tentative Tract Map
06-003 and Planned Unit Development 06-003.
3. Development shall occur in
the Planning Commission
Exhibit "B".
EXHIBIT "A"
substantial conformance with the plans presented to
at their meeting of September 19, 2006 and marked
4. The applicant shall agree to 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 anyway 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 fee's
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.
5. Development shall conform to the Multi-Family Apartment (MFA) zoning
requirements except as otherwise approved.
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6. The applicant shall either:
Restrict two (2) units to the affordable housing standards established by
the County of San Luis Obispo for the moderate-income category;
■ Restrict one (1) unit to the affordable housing standards established by
the County of San Luis Obispo for the low-income category and pay an in-
lieu fee as established by the City Council equivalent to 0.4 units; or
RESOLUTION NO. 06-2012
TTM 06-003 & PUD 06-002
PAGE 6
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7. The project shall comply with all mitigation measures contained in the Mitigated
Negative Declaration prepared for the project and adopted by the Planning
Commission, incorporated herein by reference.
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■ Restrict one (1) unit to the affordable housing standards established by
the County of San Luis Obispo for the very low-income category.
This dedication shall be achieved through a housing development agreement in
a form approved by the City and shall be entered into befinreen the City and the
applicant prior to final approval of the map. This agreement shall set forth the
provision to require a designated residence be sold to a qualified moderate or
low-income household as certified by the Housing Authority of San Luis Obispo
or such other authority approved by the City Council and shall remain affordable
for a period of not less than 30-years.
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8.
9.
10.
11.
Each parcel shall have a separate sewer lateral.
Phase II shall connect to the sanitary sewer main for Phase I(under construction)
Phase III shall extend a sewer main from Brisco Road into the site.
The applicant shall pay the project's proportionate share for the following
wastewater capital improvement projects:
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• EI Camino Real Upgrade;
■ Walnut Street Upgrade
Each parcel shall have individual water services.
Phase III shall extend a water main from Brisco Road into the site.
Phase III shall install a fire hydrant at the rear of the project.
The applicant shall pay an in-lieu fee for the overlay of Brisco Road across the
entire project frontage to the centerline with 1'/Z" asphalt.
The project shall retain any increased storm water on-site.
Remove and replace the driveway approaches with curb, gutter and sidewalk if
they are not to be reused.
RESOLUTION NO. 06-2012
TTM 06-003 & PUD 06-002
PAGE 7
18. Remove and replace any broken curb, gutter and sidewalk within the project
frontage.
19. Remove and replace the streetlight in the project frontage with a light standard and
convert the service drop to underground (Phase II).
20. Underground the overhead utilities within the project frontage to the next adjacent
pole outside of the frontage (Phase III).
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21. Clean all streets, curbs, gutters and sidewalks at the end of the day's operations or
as directed by the Director of Community Development or the Director of Public
Works.
22. Perform construction activities during normal business hours (Monday through
Friday, 7 AM to 5 PM) for noise and inspection purposes. The developer or
contractor shall refrain from performing any work other than site maintenance
outside of these hours, unless an emergency arises or approved by the Director of
Public Works. The City may hold the developer or contractor responsible for any
expenses incurred by the City due to work performed outside of these hours.
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23. All project improvements shall be designed by a registered civil engineer in the
State of California and constructed in accordance with the City of Arroyo Grande
Standard Drawings and Specifications.
24. Submit four (4) full-size paper copies, one (1) full-size Mylar copy and one (1)
electronic copy on CD in AutoCAD format of approved improvement plans for
inspection purposes during construction.
25. Submit as-built plans at the completion of the project or improvements as directed
by the Director of Public Works. One (1) set of Mylar prints and an electronic copy
on CD in AutoCAD format shall be required.
26. The following improvement plans shall be prepared by a registered civil engineer
and approved by the Public Works Department:
a. Grading, drainage and erosion control.
b. Street paving, curb, gutter and sidewalk.
c. Public utilities.
d. Water and sewer.
e. Landscaping and irrigation.
f. Any other improvements as required by the Director of Public Works.
RESOLUTION NO. 06-2012
TTM 06-003 & PUD 06-002
PAGE 8
27.
The site plan shall include the following:
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a. The location and size of all existing and proposed water, sewer, and storm
drainage facilities within the project site and abutting streets or alleys.
b. The location, quantity and size of all existing and proposed sewer laterals.
c. The location, size and orientation of all trash enclosures.
d. All existing and proposed parcel lines and easements crossing the property.
e. The location and dimension of all existing and proposed paved areas.
f. The location of all existing and proposed public or private utilities.
Improvement plans shall include plan and profile of existing and proposed streets,
utilities and retaining walls.
29. Landscape and irrigation plans are required within the public right of way, and shall
be approved by the Community Development and Parks, Recreation and Facilities
Departments. In addition, the Director of Public Works shall approve any
landscaping or irrigation within a public right of way or otherwise to be maintained
by the City.
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30.
31.
32.
Construction water is available at the corporate yard. The City of Arroyo Grande
does not allow the use of hydrant meters.
Existing water services to be abandoned shall be properly abandoned and capped
at the main per the requirements of the Director of Public Works.
The applicant shall complete measures to neutralize the estimated increase in
water demand created by the project by either of the following:
a. Implement an individual water program consisting of retrofitting existing
high-flow plumbing fixtures with low-flow devices. The calculations shall be
submitted to the Director of Public Works for review and approval. The
proposed individual water program shall be submitted to the City Council for
approval prior to implementation; OR
b. The applicant may pay an in-lieu fee of $2,200 for each new residential unit
(or equivalent).
33. Duplex services shall be installed where feasible.
34. All units to be sprinklered shall have individual water services.
SFWFR
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All sewer laterals within the public right of way must have a minimum slope of 2%
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All sewer mains or laterals crossing or parallel to public water facilities shall be
constructed in accordance with California State Health Agency standards.
RESOLUTION NO. 06-2012
TTM 06-003 � PUD 06-002
PAGE 9
37.
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Existing sewer laterals to be abandoned shall be properly abandoned and capped
at the main per the requirements of the Director of Public Works.
Obtain approval from the South County Sanitation District for the development's
impact to District facilities prior to issuance of building permit.
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39. Underground all new public utilities in accordance with Section 16.68.050 of the
Development Code.
40. Submit all improvement plans to he public utility companies for approval and
comment. Utility comments shall be forwarded to the Director of Public Works for
approval. All utility companies shall sign the improvement plans prior to final
submittal.
41. Prior to approving any building permit within the project for occupancy, all public
utilities shall be operational.
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All street repairs shall be constructed in accordance with the City Street Cut Policy.
All trenching in City streets shall utilize saw cutting. Any over cuts shall be cleaned
and filled with epoxy.
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.
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Utilize saw cuts for all repairs made in curb, gutter, and sidewalk.
Install tree wells for all trees planted adjacent to curb, gutter and sidewalk to
prevent damage due to root growth.
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Perform all grading in conformance with the City Grading Ordinance.
Submit all retaining wall calculations for review and approval by the Director of
Public Works for walls not constructed to City standards.
The applicant shall prepare an erosion control plan for review and approval prior to
issuance of a grading permit.
The applicant shall obtain a WDID No. from the Regional Water Quality Control
Board prior to issuance of a grading permit.
RESOLUTION NO. 06-2012
TTM 06-003 & PUD 06-002
PAGE 10
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51. All drainage facilities shall be designed to accommodate a 100-year storm flow.
52. All drainage facilities shall be in accordance with the Drainage Master Plan.
53. The applicant shall provide detailed drainage calculations indicating that the
increased run-off can be accommodated by existing facilities and/or provide on-site
retention basins, to the satisfaction of the Director of Public Works.
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54. All easements, abandonments, or similar documents to be recorded as a
document shall be prepared by the applicant on 8'/Z 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.
55. Street tree planting and maintenance easements shall be dedicated adjacent to all
street right of ways. Street tree easements shall be a minimum of 10 feet beyond
the right of way.
56. A Public Utility Easement (PUE) shall be dedicated a minimum 6 feet wide
adjacent to all street right of ways. The PUE shall be wider where necessary for
the installation or maintenance of the public utility vaults, pads, or similar
facilities.
57. A blanket Public Utility Easement (PUE) shall be dedicated over the project
d riveways.
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58. Obtain an encroachment permit prior to performing any of the following:
■ Performing work in the City right of way,
■ Staging work in the City right of way,
■ Stockpiling material in the City right of way,
■ Storing equipment in the City right of way.
59. Obtain an encroachment permit from Caltrans prior to performing any work within
the Caltrans right of way.
60. Obtain a grading permit prior to commencement of any grading operations on the
site.
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61. Pay all required City fees at the time they are due.
RESOLUTION NO. 06-2012
TTM 06-003 & PUD 06-002
PAGE 11
62. Fees to be paid prior to plan approval:
■ Map check fee,
■ Plan check fee for grading plans based on an approved earthwork estimate,
■ Plan check fee for improvement plans based on an approved construction
cost estimate
■ Permit fee for grading plans based on an approved earthwork estimate,
■ Inspection fee of project or public works construction plans based on an
approved construction cost estimate.
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58. Easement Agreement. The applicant shall enter into an easement agreement with
the City for the relocation of the existing sewer main prior to approval of the
improvement plans. `
59. Inspection Agreement: Prior to approval of an improvement plan, the applicant
shall enter into an agreement with the City for inspection of the required
improvements.
60. Improvement Agreement: The applicant shall enter into an agreement for the
completion and guarantee of improvements required. The agreement shall be on
a form acceptable to the City.
IMPROVEMENT SECURITIES
61.
62.
63.
All improvement securities shall be of a form as set forth in Development Code
Section 16.68.090, Improvement Securities.
Submit an engineer's estimate of quantities for public improvements for review by
the Director of Public Works.
Provide financial security for the following, to be based upon a construction cost
estimate approved by the Director of Public Works:
a.
b.
c.
d.
Faithful Performance: 100% of the approved estimated cost of all
subdivision improvements,
Labor and Materials: 50% of the approved estimated cost of all
subdivision improvements
One Year Guarantee: 10% of the approved estimated cost of all
improvements. This bond is required prior to acceptance of the
improvements.
Monumentation: 100% of the estimated cost of setting survey monuments.
This bond may be waived if the developer's surveyor submits to the
Director of Public Works a letter assuring that all monumentation has been
set.
RESOLUTION NO. 06-2012
TTM 06-003 & PUD 06-002
PAGE 12
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65.
Preliminary Title Report: A current preliminary title report shall be submitted to
the Director of Public Works prior to checking the final map.
Subdivision Guarantee: A current subdivision guarantee shall be submitted to the
Director of Public Works prior to checking the final submittal of the map.
66. CC&R's: The applicant shall submit detailed CC&R's covering the maintenance of
all commonly owned facilities subject to the review and approval of the Director of
Public Works and the City Attorney.
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67. The final map shall be recorded with all pertinent conditions of approval satisfied.
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68. All utilities shall be operational.
69. All essential project improvements shall be constructed prior to occupancy. Non-
essentail improvements, guaranteed by an agreement and financial securities,
may be constructed after occupancy as directed by the Director of Public Works.
70. Prior to the final 10% of occupancies for the project are issued; all improvements
shall be fully constructed and accepted by the City.
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71. The project shall comply with the most recent editions of the California State Fire
and Building Codes and the Uniform Building and Fire Codes as adopted by the
City of Arroyo Grande.
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All fire lanes must be posted and enforced, per Police Department and Fire
Department Guidelines.
The project shall have a fire flow based on the California Fire Code Appendix III-
A.
Prior to combustible materials being placed on site, fire hydrants shall be
installed, per Fire Department and Public Works Department standards.
Prior to occupancy, all buildings must be fully sprinklered per Building and Fire
Department Guidelines.
RESOLUTION NO. 06-2012
TTM 06-003 & PUD 06-002
PAG E 13
76. Provide Fire Department approved access or sprinkler-system per National Fire
Protection Association Standards (NFPA 13 system).
77. Prior to map recordation, issuance of a grading permit or building permit,
whichever occurs first, applicant shall show proof of properly abandoning all non-
conforming items such as septic tanks, wells, underground piping and other
undesirable conditions.
78. Prior to issuance of a building permit, a demolition permit must be issued.
Development fees resulting from demolition will be appropriately credited to the
property.
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79.
FEES:
80.
81.
82.
83.
84.
85.
86.
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Any review costs generated by outside consultants shall be paid by the
applicant.
Water meter, service main, distribution and availability fee; to be based on codes
and rates in effect at the time of building permit issuance.
Water neutralization fee; to be based on codes and rates in effect at the time of
building permit issuance.
Traffic impact fee; to be based on codes and rates in effect at the time of
building permit issuance.
Traffic signalization fee; to be based on codes and rates in effect at the time of
building permit issuance.
Sewer hook-up and facility permit fee; to be based on codes and rates in effect
at the time of building permit issuance.
Drainage fee, to be based on codes and rates in effect at the time of building
permit issuance.
Building permit fees; to be based on codes and rates in effect at the time of
building permit issuance.
87. Strong Motion Instrumentation Program (SMIP) fee; to be based on codes and
rates in effect at the time of building permit issuance in accordance with State
mandate.
88. Park development fee; to be based on codes and rates in effect at the time of
building permit issuance.
RESOLUTION NO. 06-2012
TTM 06-003 & PUD 06-002
PAGE 14
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91.
92.
93
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Park improvements fee; to be based on codes and rates in effect at the time of
building permit issuance.
Street trees fee; to be based on codes and rates in effect at the time of building
permit issuance.
Community centers fee; to be based on codes and rates in effect at the time of
building permit issuance.
Fire protection fee; to be based on codes and rates in effect a# the time of
building permit issuance.
Police facilities fee; to be based on codes and rates in effect at the time of
building permit issuance.
Affordable housing in-lieu fee, as conditioned for this project.
PARKS� RECREATION & FACILITIES DEPARTMENT
SPECIAL GONDITIONS
95. The final landscape plan shall be revised to replace 15-gallon trees with 24" box
trees.
GENERAL CONDITIONS
96. Prior to issuance of building permits, a final landscape plan shall be submitted,
subject to review and approval by the Director of Parks, Recreation and Facilities.
ARCHITECTLJRAL REVIEW C�MMITTEE
SPEGIAL GONDITIONS
97
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The applicant shall revise the final plans for both access drives to allow for
landscape bulb-outs, based on minimum emergency access width requirements.
The applicant shall revise the final plans to add vines and a trellis structure to the
trash enclosure for Phases I and II.
The applicant shall revise the final plans to add larger trees to the front of Phase
II (basin area), based on structural requirements of drainage system.
The applicant shall revise the final plans to incorporate color/pattern detailing of
Phase III access drive into Phase I and II access drive.
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101. The final landscape plan shall be subject to review and approval by the
Architectural Review Committee (ARC).