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R 4488 RESOLUTION NO. 4488 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DENYING AN APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF CONDITIONAL USE PERMIT 12-007 AND APPROVING _ CONDITIONAL USE PERMIT 12-007; LOCATED AT THE SOUTHWEST CORNER OF THE PIKE AND.SOUTH ELM STREET; APPLIED FOR BY PETER BURTNESS AND ANNIE ROBERTS WHEREAS, the applicant has filed Conditional Use Permit 12-007 to develop a mixed- use project consisting of twenty-three (23) two-bedroom apartments, five (5) studio apartments and related improvements to an existing commercial property on a 1.56-acre project site in the Office Mixed-Use (OMU) zoning district; and WHEREAS, the Planning Commission adopted a Resolution approving Conditional Use Permit 12-007 on August 21, 2012; and WHEREAS, the appellants filed an appeal of the Planning Commission's approval on August 28, 2012; and WHEREAS, the City Council has considered the appeal and reviewed the 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 Mitigated Negative Declaration (MND) prepared for the project is adequate; and WHEREAS, the City Council of has considered the appeal and reviewed the project at a duly noticed public hearing on October 9, 2012; and WHEREAS, the City Council finds, after due study, deliberation and public hearing, the following circumstances exist: Conditional Use Permit Findings: 1. 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 mixed-use project, which includes significant compatible improvements to an existing commercial property as well as fully integrated landscaping, pedestrian pathways and park facilities, is allowed in the Office Mixed-Use (OMU) zoning district per Section 16.36.030 of the Municipal Code and complies with all applicable development standards for the OMU zoning district as set forth in Municipal Code Section • RESOLUTION NO. 4488 PAGE 2 16.36.020. The finding that the full integration of an existing commercial property constitutes a mixed-use project is predicated on the fact that the existing commercial use is surrounded on two sides by three parcels of vacant land, and the four parcels together form a discontiguous "island"of Office Mixed-Use (OMU) zoning district. Additionally, the proposed•mixed- use project is consistent with Housing Element Policy A.9., which states: "The City shall continue to enable and encourage multiple-family, rental apartments, senior, mobile home and special needs housing, in appropriate locations and densities. These multiple family residential alternative housing types tend to be more affordable than prevailing single-family residential low and medium density developments." 2. The proposed use would not impair the integrity and character of the district in which it is to be established or located. The proposed mixed-use project would not impair the integrity or character of the Office Mixed-Use (OMU) zoning district, as it is consistent with the stated purpose of the OMU zoning district per Municipal Code Section 16.36.020(H), which is to "provide areas for the establishment of corporate, administrative, and medical offices and facilities, commercial services that are required to support major business medical development, and multi-family housing. Retail facilities and support business are encouraged to serve nearby office and residential uses. Typical uses include, but are not limited to, professional and medical offices, business-related retail and service functions, restaurants, health clubs, financial institutions, medical and health care facilities and multi- family housing." 3. The site is suitable for the type and intensity of use or development that is proposed. The site is suitable for the proposed mixed-use, as the development meets applicable development standards relating to density, parking, building height, setbacks and open space. 4. There are adequate provisions for water, sanitation, and public utilities and services to ensure public health and safety. There are adequate provisions for all utilities and services necessary to ensure public health and safety. Water and sewer services will be provided by the City of Arroyo Grande, electrical service will be provided by PG&E, natural gas will be provided by Southern California Gas Company and trash and recycling services will be provided by South County Sanitary Services. RESOLUTION NO. 4488 PAGE 3 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 mixed-use will not be detrimental to the public health, safety or welfare, nor will it be materially injurious to properties or improvements in the vicinity as it will comply with all applicable codes and standards. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby adopts a Mitigated Negative Declaration and approves Conditional Use Permit 12-007 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 Council Member Ray, seconded by Council Member Guthrie, and by the following roll call vote, to wit: AYES: Council Members Ray, Guthrie, Costello, Brown, and Mayor Ferrara NOES: None ABSENT: None the foregoing Resolution was adopted this 9th day of October, 2012. RESOLUTION NO. yygB PAGE 4 TONY R' AYOR ATTEST: %[∎l ' lJ k lL4 S KELLY WE •R- CITY CL RK APPROVED AS TO CONTENT: c `cj6� STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIM THY J. CA L, CI ATTORNEY RESOLUTION NO. 4488 PAGE 5 EXHIBIT 'A' CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 12-007 SOUTHWEST CORNER OF THE PIKE AND SOUTH ELM STREET This approval authorizes the development of a mixed-use project consisting of twenty- three (23) two-bedroom apartments, five (5) studio apartments and improvements to an existing commercial property on a 1.56-acre project site in the Office Mixed-Use (OMU) zoning district. PLANNING DIVISON CONDITIONS GENERAL CONDITIONS: 1. 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 Conditional Use Permit 12-007. 3. Development shall occur in substantial conformance with the plans presented to the City Council at its meeting of October 9, 2012 and marked Exhibit "B". 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 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. 5. Development shall conform to the Office Mixed-Use (OMU) zoning district standards except as otherwise approved. 6. All conditions of approval for the project shall be included in construction drawings. SPECIAL CONDITIONS: 7. Prior to issuance of a grading or building permit, whichever occurs first, the applicant shall pay all applicable in-lieu inclusionary housing fees per Municipal Code Section 16.80.050. 8. Prior to issuance of a certificate of occupancy, the applicant shall re-stripe South Elm Street from the Pike to the southern boundary of the City to include Class II bicycle lanes on each side of South Elm Street and a stop limit line on South Elm RESOLUTION NO. 4488 PAGE 6 Street at the intersection to The Pike, to the satisfaction of the Director of Community Development. BUILDING DIVISION CONDITIONS GENERAL CONDITIONS: BUILDING CODES 9. The project shall comply with the most recent editions of all California Building and Fire Codes, as adopted by the City of Arroyo Grande. DISABLED ACCESS 10. Provide complete compliance with State and Federal disabled access requirements. FIRE LANES 11. Prior to occupancy, all fire lanes must be posted and enforced, per Police Department and Fire Department guidelines. FIRE FLOW/FIRE HYDRANTS 12. Project shall have a fire flow based on the California Fire Code appendix III-A. 13. Prior to combustible materials being placed on site, fire hydrants shall be installed & operational, per Fire Department and Public Works Department standards. FIRE SPRINKLERS 14. Prior to Occupancy, all buildings must be fully sprinklered per Building and Fire Department guidelines. 15. Provide Fire Department approved access & sprinkler-system per National Fire Protection Association Standards. FEES 16. Pay all required City fees at the time they are due (for your information, the "Procedure for Protesting Fees, Dedications, Reservations or Exactions" is provided below). 17. Water Meter, service main, distribution, and availability fees, to be based on codes and rates in effect at the time of building permit issuance. 18. Water neutralization fee, to be based on codes and rates in effect at the time of building permit issuance. RESOLUTION NO. 4488 PAGE 7 19. Traffic Impact fee, to be based on codes and rates in effect at the time of building permit issuance. 20. Traffic Signalization fee, to be based on codes and rates in effect at the time of building permit issuance. 21. Sewer hook-up & facility Permit fees, to be based on codes and rates in effect at the time of building permit issuance. 22. Building Permit fees, to be based on codes and rates in effect at the time of building permit issuance. 23. Strong Motion Instrumentation Program (SMIP) fee and State Green Building fee, to be based on codes and rates in effect at the time of building permit issuance in accordance with State mandate. 24. Park Development fee, to be based on codes and rates in effect at the time of building permit issuance. 25. Park Improvements fee, to be based on codes and rates in effect at the time of building permit issuance. 26. Community Centers fee, to be based on codes and rates in effect at the time of building permit issuance. 27. Fire Protection fee, to be based on codes and rates in effect at the time of building permit issuance. 28. Police Facilities fee, to be based on codes and rates in effect at the time of building permit issuance. 29. Impact fees to specific capital improvement projects as determined by the Director of Community Development. PROCEDURE FOR PROTESTING FEES, DEDICATIONS, RESERVATIONS OR EXACTIONS: (A) Any party may protest the imposition of any fees, dedications, reservations, or other exactions imposed on a development project, for the purpose of defraying all or a portion of the cost of public facilities related to the development project by meeting both of the following requirements: (1) Tendering any required payment in full or providing satisfactory evidence of arrangements to pay the fee when due or ensure performance of the conditions necessary to meet the requirements of the imposition. RESOLUTION NO. 4488 PAGE 8 (2) Serving written notice on the City Council, which notice shall contain all of the following information: (a) A statement that the required payment is tendered or will be tendered when due, or that any conditions which have been imposed are provided for or satisfied, under protest. (b) A statement informing the City Council of the factual elements of the dispute and the legal theory forming the basis for the protest. (B) A protest filed pursuant to subdivision (A) shall be filed at the time of the approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications, reservations, or other exactions to be imposed on a development project. (C) Any party who files a protest pursuant to subdivision (A) may file an action to attack, review, set aside, void, or annul the imposition of the fees, dedications reservations, or other exactions imposed on a development project by a local agency within 180 days after the delivery of the notice. (D) Approval or conditional approval of a development occurs, for the purposes of this section, when the tentative map, tentative parcel map, or parcel map is approved or conditionally approved or when the parcel map is recorded if a tentative map or tentative parcel map is not required. (E) The imposition of fees, dedications, reservations, or other exactions occurs, for the purposes of this section, when they are imposed or levied on a specific development. ENGINEERING DIVISION CONDITIONS GENERAL CONDITIONS 30. 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 Maintenance Services. 31. Perform construction activities during normal business hours (Monday through Friday, 7 A.M. to 5 P.M.) 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 Community Development Director. The City may hold the developer or contractor responsible for any expenses incurred by the City due to work outside of these hours. RESOLUTION NO. 4488 PAGE 9 IMPROVEMENT PLANS 32. All project improvements shall be designed and constructed in accordance with the City of Arroyo Grande Standard Drawings and Specifications. 33. Submit three (3) full-size paper copies and one (1) full-size mylar copy of approved improvement plans for inspection purposes during construction. 34. Submit as-built plans at the completion of the project or improvements as directed by the Community Development Director. One (1) set of mylar prints and an electronic version on CD in AutoCAD format shall be required. 35. The following Improvement plans shall be prepared by a registered Civil Engineer and approved by the Community Development 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 Community Development Director. 36. The site plan shall include the following: 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. 37. Improvement plans shall include plan and profile of existing and proposed streets, utilities and retaining walls. 38. Landscape and irrigation plans are required within the public right of way, and shall be approved by the Director of Community Development and Director of Maintenance Services. In addition, the Director of Community Development shall approve any landscaping or irrigation within a public right-of-way or otherwise to be maintained by the City. 39. Demonstrate interior vehicular access and driveway aisles meet safe delivery/trash/emergency truck turning radii access throughout site. RESOLUTION NO. 4488 PAGE 10 40. A bus shelter with bench is to be constructed in the right-of-way adjacent to the 7- 11 store. WATER 41. Construction water is available at the corporate yard. The City of Arroyo Grande does not allow the use of hydrant meters. 42. Each parcel shall have separate water meters; optionally, each unit may have a separate water meter. Duplex service lines shall be used if feasible. A registered professional engineer or architect shall determine the sizes of the water meter(s) required. 43. Extend a water main from the intersection of The Pike and South Elm Street southerly along the property frontage as shown on the schematic drawings. 44. Extend a water main from the intersection of The Pike and South Elm Street westerly along the property frontage as shown on the schematic drawings. 45. The applicant shall complete measures to neutralize the estimated increase in water demand created by the project by either: 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 Maintenance Services 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 for each new residential unit based on the fees in effect at the time of building permit issuance. 46. Existing water service lateral to be abandoned shall be properly abandoned and capped at the main in accordance with City Standards and the requirements of the Director of Maintenance Services. 47. The onsite water service main will be looped through the site connecting to the City water main both in Pike Street and South Elm Street. A water line easement will be dedicated to the City. 48. The existing water pressure of the City water main in this area is above 80 psi. Pressure-regulating valves will be necessary according to the current UPC for each water service proposed. 49. A fire hydrant is to be placed on the looped water main. 50. Buildings required to use automatic fire sprinkler systems shall have individual service connections. A fire sprinkler engineer shall determine the size of the fire services needed for each building. RESOLUTION NO. 4488 PAGE 11 5 1. - - - - • - - - - - - - - - - - - - - - 'v - - = 52. A separate meter is required to serve the site landscaping. The size of the meter is to be determined by a registered professional engineer or architect. SEWER 53. Each parcel shall be provided a separate sewer lateral. 54. All new sewer mains must be a minimum diameter of 8 inches. 55. All sewer laterals within the public right-of-way or easement must have a minimum slope of 2%. 56. All sewer mains or laterals crossing or parallel to public water facilities shall be constructed in accordance with California State Health Agency standards. 57. Existing sewer laterals to be abandoned shall be properly abandoned and capped at the main per the requirements of the Director of Maintenance Services. 58. Obtain approval from the San Luis Obispo South County Sanitation District for the development's impact to District facilities prior to construction permit issuance. 59. Connection will be made to the OCSD sewer main in Elm Street. PUBLIC UTILITIES 60. Underground all new public utilities in accordance with Section 16.68.050 of the Development Code. 61. Underground improvements shall be installed prior to street paving. 62. The Improvement Plans shall be submitted to the public utility companies for review and comment. Utility comments shall be forwarded to the Community Development Director for approval. 63. Prior to approving any building within the project for occupancy, all public utilities shall be operational. STREETS 64. Obtain approval from the Director of- Maintenance Services 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, slurry seal, or fog seal. RESOLUTION NO. 4488 PAGE 12 65. All trenching in City streets shall utilize saw cutting. Any over cuts shall be cleaned and filled with epoxy. 66. All street repairs shall be constructed to City standards. 67. Street structural sections shall be determined by an R-Value soil test, but shall not be less than 3 inches of asphalt over 6 inches of Class II aggregate base or the existing structural section of the existing streets where applicable. 68. Overlay, slurry seal, or fog seal South Elm Street from The Pike to the southern boundary of the project site. 69. Construct 2-inch overlay of 'A" Type B asphalt pavement over all trench cuts to the centerline of the street per City Standard 135-AG. 70. Grind all overlay areas 2 inches to facilitate matching the overlay to the existing grade. 71. Construct a City benchmark at the southwest corner of The Pike and South Elm Street. CURB, GUTTER, AND SIDEWALK 72. Install new concrete curb, gutter, and sidewalk as directed by the Community Development Director. a. Replace cracked sidewalk pavement, if required. b. Remove cracked and broken concrete curb, gutter if necessary. 73. Color any such new facilities as directed by the Community Development Director. 74. Utilize saw cuts for all repairs made in curb, gutter, and sidewalk. 75. Install ADA compliant facilities where necessary. 76. Construct new driveway approach in accordance with Title 24 of the California Building Code, Chapter 11. 77. Install root barriers for all trees planted adjacent to curb, gutter and sidewalk to prevent damage due to root growth. GRADING 78. Perform all grading in conformance with the City Grading Ordinance. RESOLUTION NO. 4488 PAGE 13 79. Submit a preliminary soils report 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. 80. Submit all retaining wall calculations for review and approval by the Community Development Director for walls not constructed per City standards. 81. The floor of the trash enclosure shall slope to the back of the enclosure so as not to allow storm water to be released to the parking lot and shall be provided with a drain inlet connected to the grease interceptor or to a landscape area for filtration. DRAINAGE 82. All drainage facilities shall be designed to accommodate a 100-year storm flow. 83. All drainage facilities shall be in accordance with the Drainage Master Plan. 84. The Regional Water Quality Control Board has established a goal of elimination of all runoff from new development or redeveloped properties. The City, as well as SLO County and the other cities in the County, is now participating in a joint study that will better define how, or to what extent, that can be accomplished. At the completion of the studies there will be a set of guidelines and hydromodification regulations. Low Impact Development (LID) will be the standard. Currently the City is utilizing Interim Guidelines that include a calculation by the applicant of the additional stormwater runoff that will be generated by their project. With that information the applicant will develop a plan for handling on-site drainage including a determination of how much runoff it may be possible to percolate, or store for irrigation purposes, or otherwise use on site. Storm water runoff that cannot be retained on site for percolation or use must be treated through the use of bioswales and then directed into the appropriate drainage system described in the Drainage Master Plan. Redeveloped properties will be required at a minimum to provide bioswales for the treatment of runoff even if no additional runoff is generated by the proposed project. 85. Storm drain inlets, both public and private, will be required to be stenciled with the warning: "Drains to Creek" or other appropriate advice as directed by the City. 86. Replace the existing drop inlet in the property frontage with new City Standard drop inlet with fossil filter insert and replace the existing underground pipes crossing South Elm Street between the project site and the retention basin with RCP storm drain Pipe sized to,accommodate flows. 87. Construct a 48" RCP storm drain line in the earth ditch along South Elm Street from the intersection of The Pike and South Elm Street to the southerly edge of the RESOLUTION NO. 4488 PAGE 14 property frontage, or an alternative acceptable to the Community Development Director. 88. Provide drainage calculations for both onsite and offsite proposed improvements. 89. Perform detailed drainage calculations verifying the South Elm Basin has sufficient capacity to handle the increased storm water runoff or retain onsite as necessary. 90. Project lies within Zone "A" and requires storm drain infiltration. Show how this will be accomplished in accordance with City Standards and in compliance with City Ordinance. 91. Consider use of existing drainage easement along the west and south property lines to provide storm water quality treatment. DEDICATIONS AND EASEMENTS 92. All easements, abandonments, lot mergers or similar documents to be recorded as a separate document, 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. 93. 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, except that street tree easements shall exclude the area covered by public utility easements. 94. A Public Utility Easement (PUE) shall be reserved 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. 95. Dedicate a blanket Public Utility Easement (PUE) over the project site for sanitary sewer, water and the various public utility companies. PERMITS 96. Obtain an encroachment permit prior to performing any of the following: a. Performing work in the City right of way, b. Staging work in the City right of way, c. Stockpiling material in the City right of way, d. Storing equipment in the City right of way. 97. Obtain a grading permit prior to commencement of any grading operations on site. RESOLUTION NO. 4488 PAGE 15 FEES 98. Pay all required City fees at the time they are due. 99. Fees to be paid prior to plan approval: a. Map check fee for lot merger. 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. AGREEMENTS 100. 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. 101. Subdivision Improvement Agreement: 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. IMPROVEMENT SECURITIES 102. All improvement securities shall be of a form as set forth in Development Code Section 16.68.090, Improvement Securities. 103. Submit an engineer's estimate of quantities for public improvements for review by the Community Development Director. 104. Provide financial security for the following, to be based upon a construction cost estimate approved by the Community Development Director: a. Faithful Performance: 100% of the approved estimated cost of all public improvements, b. Labor and Materials: 50% of the approved estimated cost of all public improvements c. One Year Guarantee: 10% of the approved estimated cost of all public improvements. This bond is required prior to acceptance of the subdivision improvements. OTHER DOCUMENTATION RESOLUTION NO. 4488 PAGE 16 • 105. 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. The applicant may be required to bond for any unpaid taxes or liens against the property. This shall be submitted prior to placing the lot merger on the City Council Agenda for approval. • 106. Preliminary Title Report: A current preliminary title report shall be submitted to the Community Development Director prior to checking the lot merger. 107. Subdivision Guarantee: A current subdivision guarantee shall be submitted to the Community Development Director with the final submittal of the lot merger. PRIOR TO ISSUING A BUILDING PERMIT 108. The final lot merger shall be recorded with all pertinent conditions of approval satisfied. PRIOR TO ISSUING A CERTIFICATE OF OCCUPANCY 109. All utilities shall be operational. 110. All essential project improvements shall be constructed prior to occupancy. Non- essential improvements, guaranteed by an agreement and financial securities, may be constructed after occupancy as directed by the Community Development Director. 111. Prior to the final 10% of occupancies for the project are issued, all improvements shall be fully constructed and accepted by the City. RECREATION SERVICES DEPARTMENT CONDITIONS GENERAL CONDITION: 112. Prior to issuance of a building permit, the applicant shall coordinate a workshop, open to the neighborhood, with the landscape architect, the City Arborist, and a representative of the Tree Guild to review the landscape plan. Subsequently, the applicant shall submit a final landscape plan, subject to review by and approval of the Director of Recreation Services. RESOLUTION NO. 4488 PAGE 17 ARCHITECTURAL REVIEW COMMITTEE CONDITIONS SPECIAL CONDITIONS: 113. Provide decorative paving or alternating colored banding along the project driveway. - 114. Revise the landscape plan palette as follows: • Replace Western Redbud, Crepe Myrtle and Purple Leaf Plum with Chinese Pistache or Japanese Maple; • Do not use Purple Fountain Grass; • Replace Podocarpus gracilior with Hymenosporum; • Replace Catalina Cherry with Brisbane Box; • Do not use Myoporum. 115. Include automatic garage door openers. PLANNING COMMISSION CONDITIONS SPECIAL CONDITIONS: 116. The Planning Commission shall review the issue of parking on the east side of South Elm Street six (6) months from issuance of a certificate of occupancy, at which time the applicant/owner may be required to install "no parking" signs. 117. The applicant shall submit plans to the Community Development Department for review that include transom windows on the west-facing wall of the upstairs bedrooms in plans "Al" and "A2". 118. The applicant shall design and construct striping and island intersection safety improvements according to the conceptual design prepared by Omni-Means; said striping and island improvements shall be constructed in conjunction with a City ADA ramp project, as determined feasible by the Director of Community Development. CITY COUNCIL CONDITIONS SPECIAL CONDITIONS: 119. Prior to issuance of a building permit, the applicant shall submit revised architectural renderings showing improvements to the façade of the existing commercial property to match or complement the architecture of the residential, component of the project, subject to approval by the Director of Community Development. RESOLUTION NO. 4488 PAGE 18 120. The new bus shelter located along the Pike frontage shall include integrated lighting. 121. The applicant shall pay for all costs associated with undergrounding of existing overhead utilities including all costs of undergrounding off-site utility service connections to affected homes within Tract 244, as determined by the PG&E utility design plan. In accordance with Municipal Code Section 16.68.050(C), any request for consideration of an exemption or in-lieu fee must be determined by the City Council. 122. Plans for the "pocket park" shall include landscaping details, picnic areas and playground amenities and shall be submitted for approval to the Parks and Recreation Commission. 123. The applicant shall provide signage identifying the "pocket park" as a public park, subject to approval by the Director of Community Development. • OFFICIAL CERTIFICATION I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that the attached Resolution No. 4488 is a true, full, and correct copy of said Resolution passed and adopted at a Regular meeting of the City Council of the City of Arroyo Grande on the 9th day of October 2012. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 11th day of October 2012. KELLY TM , CITY CLERK