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HomeMy WebLinkAboutPC-1078-23 (ARCH-0327-2021 -- 2223 Monterey St.) RESOLUTION NO. PC-1078-23 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, APPROVING MODIFICATIONS TO THE DESIGN OF THE MOTEL INN PROJECT, INCLUDING REPLACEMENT OF GUEST ACCOMMODATIONS IN AIRSTREAM TRAILER STRUCTURES WITH ACCOMMODATIONS IN SMALL MISSION REVIVAL STYLE BUNGALOWS AND INSTALLATION OF A VEGETATED SOUND WALL, AND APPROVING AN ADDENDUM TO THE PREVIOUSLY-ADOPTED MITIGATED NEGATIVE DECLARATION (MND), AS REPRESENTED IN THE STAFF REPORT AND ATTACHMENTS DATED JULY 12, 2023 (2223 MONTEREY STREET, ARCH-0327-2021) WHEREAS, on March 23, 2016, the Planning Commission of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, for the purpose of review of application USE-1035-2015, a Use Permit for the Motel Inn project, and adopted a Mitigated Negative Declaration of Environmental Impact, and approved the project and associated ten percent shared parking reduction as documented in Resolution No. PC-1004-16; Motel Inn L.P. applicant; and WHEREAS, on September 27, 2017, the Planning Commission of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, for the purpose of considering application USE-0580-2017, a modification to Use Permit USE-1035-2015 for the Motel Inn project, reconfiguring the site design of the eastern portion of the site to accommodate Airstream trailers for guest accommodations, a restroom building, bocce court, and associated parking, landscaping, and site improvements, and adopted Resolution No. PC-1010-17 approving the modification and determining that the modified project was consistent with the previously-approved Mitigated Negative Declaration; and WHEREAS, on June 27, 2022, the Cultural Heritage Committee of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, pursuant to a proceeding instituted under application ARCH-0327-2021, Motel Inn, L.P., applicant, and provided a positive recommendation as to the consistency of proposed modifications to the design of the Motel Inn project with applicable historical preservation policies and standards; and WHEREAS, on July 18, 2022, the Architectural Review Commission of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, pursuant to a proceeding instituted under application ARCH-0327-2021, Motel Inn, L.P., applicant, and provided a positive recommendation as to the consistency of the proposed modifications to the design of the Motel Inn project with applicable design standards and guidelines; and WHEREAS, on August 10, 2022, the Planning Commission of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, Resolution No. PC-1078-23 2223 Monterey Street, ARCH-0327-2021 Page 2 California, pursuant to a proceeding instituted under application ARCH-0327-2021, Motel Inn, L.P., applicant, to consider modifications to the design of the Motel Inn project proposed under this application, and continued consideration of the application to the September 14, 2022 Planning Commission hearing; and WHEREAS, on September 14, 2022, the Planning Commission of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, pursuant to a proceeding instituted under application ARCH-0327-2021, Motel Inn, L.P., applicant, to consider modifications to the design of the Motel Inn project proposed under this application, and continued consideration of the item to a date uncertain to allow additional time for staff and the applicant to review and address certain items related to the information and analyses set out in the Initial Study and Mitigated Negative Declaration and Addendum for the project; and WHEREAS, on July 12, 2023, the Planning Commission of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, pursuant to a proceeding instituted under application ARCH-0327-2021, Motel Inn, L.P., applicant, to consider modifications to the design of the Motel Inn project proposed under this application; and WHEREAS, notices of said hearing were made at the time and in the manner required by law; and WHEREAS, the Planning Commission has duly considered all evidence, including the testimony of the applicant, interested parties, and the evaluation and recommendations by staff, presented at said hearing. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of San Luis Obispo as follows: SECTION 1. Findings. Based upon all the evidence, the Planning Commission makes the following findings regarding the project. 1. That the above recitals are true and correct and are incorporated herein by this reference. 2. That the proposed project, as modified, will not be detrimental to the health, safety, or welfare of those working or residing in the vicinity since the proposed project is consistent with the City’s General Plan, the site' s zoning and property development standards, the requirements of Ordinance No. 1130 (1989 Series), as amended by Ordinance No. 1651 (2018 Series) and will be subject to conformance with all applicable building, fire, and safety codes. 3. That the proposed project has been designed to be compatible with the adjacent creek and residential uses along San Luis Drive in accordance with the design criteria set forth in Ordinance No. 1130, as amended by Ordinance No. 1651. Resolution No. PC-1078-23 2223 Monterey Street, ARCH-0327-2021 Page 3 4. That approval of an exception from standards for Fences, Walls, and Hedges (Zoning Regs. § 17.70.070 (B)) to allow the proposed vegetated sound wall at the northern boundary of the property at 12 feet in height (where standards typically limit wall height to eight feet) is consistent with the intent of the City’s Zoning Regulations and applicable General Plan policies, consistent with the character of the neighborhood, and provides adequate consideration of and measures to address any potential adverse effects on surrounding properties. While site characteristics or existing improvements make strict adherence to the maximum Zoning Regulations impractical or infeasible, or the project nonetheless conforms with the intent of these Regulations. The proposed wall will not affect the streetscape or neighborhood character because it is located at the interface between the subject property and US Highway 101, with the grade differential between the site and highway reducing the apparent height of the wall as seen from Highway 101, and screening provided by existing vegetation along the highway shoulder. SECTION 2. Environmental Review. The Planning Commission hereby finds that: 1. The proposed project, as conditioned herein, is consistent with the requirements of the Motel Inn Mitigated Negative Declaration adopted by the Planning Commission on March 23, 2016, and this action incorporates those mitigation measures as detailed herein. 2. All potentially significant effects were analyzed adequately in the Mitigated Negative Declaration and in the Addendum to the Mitigated Negative Declaration prepared for the revised proejct, subject to the following mitigation measures being incorporated into the project and the mitigation monitoring program in light of the modifications to the design of the project: AIR QUALITY MITIGATION Mitigation Measure AQ-1: Prior to issuance of building permits, all mitigations and recommended actions from the November 17, 2015 APCD letter commenting on the Motel Inn project shall be addressed to the satisfaction of the Community Development Director. Monitoring Plan AQ- 1: All mitigation measures shall be shown on grading and building plans. In addition, the contractor shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust off site. Their duties shall include holiday and weekend periods when work may not be in progress. The name and telephone number of such persons shall be provided to the APCD, Community Development and Public Works Departments prior to commencement of construction. BIOLOGICAL RESOURCES MITIGATION Mitigation Measure BIO-1: The project shall include a Stormwater Pollution Prevention Plan (SWPPP) to address erosion control and shall also incorporate the following measures for work in and around the riparian corridor: a. No heavy equipment should enter flowing water. Resolution No. PC-1078-23 2223 Monterey Street, ARCH-0327-2021 Page 4 b. Equipment will be fueled and maintained in an appropriate staging area removed from the riparian corridor. c. Restrict all heavy construction equipment to the project area or established staging areas. d. All project-related spills of hazardous materials within or adjacent to the project area shall be cleaned up immediately. Spill prevention and clean up materials should be onsite at all times during construction. e. All spoils should be relocated to an upland location outside the creek channel area to prevent seepage of sediment into the drainage/creek system. Monitoring Plan, BIO 1: All mitigation measures shall be shown on grading and building plans and be clearly visible to contractors and City inspectors. Erosion control measures shall be reviewed by the City's Community Development and Public Works Departments, and the City's Natural Resources Manager. City staff will periodically inspect the site for continued compliance with the above mitigation measures. Mitigation Measure BIO-2: Plans submitted for Building Permit Application shall include a creek restoration and enhancement plan identifying the removal of non- native vegetation within the creek bank and replacement with appropriate native trees, shrubs and groundcovers. Monitoring Plan, BIO 2: Final plans shall be reviewed by the City' s Natural Resources Manager as part of the Building Permit application package, who shall require modifications to the creek restoration and enhancement plan as necessary to ensure that an appropriate mix of plantings, in type, size and quantity is proposed, and that best practices are utilized while working within the creek corridor. CULTURAL RESOURCES MITIGATION Mitigation Measure CR-1: Prior to issuance of construction permits a monitoring plan in conformance with requirements of City Archaeological Preservation Program Guidelines shall be submitted and approved by the Community Development Director. The monitoring plan shall be submitted by a City approved subsurface archaeologist and all monitoring and construction work shall be carried out consistent with the approved monitoring plan. In the event excavations or any ground disturbance activities encounter significant paleontological resources, archaeological resources, or cultural materials, then construction activities, which may affect them, shall cease until the extent of the resource is determined and the Community Development Director approves appropriate protective measures or mitigation in conformance with Archaeological Resource Preservation Program Guidelines section 4.60. If pre-historic Native American artifacts are encountered, a Native American monitor should be called in to work with the archaeologist to document and remove the items. Disposition of artifacts shall comply with state and federal laws. A note concerning this requirement shall be included on all relevant sheets with ground disturbance activities with clear notes and callouts. Resolution No. PC-1078-23 2223 Monterey Street, ARCH-0327-2021 Page 5 Monitoring Plan, CULT 2: All mitigation measures and the monitoring plan shall be shown on grading and building plans and be clearly visible to contractors and City inspectors. The name and contact information for the monitor shall be clearly indicated within construction plans. City staff will periodically inspect the site for continued compliance with the above mitigation measure. HAZARDS AND HAZARDOUS MATERIALS MITIGATION Mitigation Measure HAZ-1: The applicant shall comply with the recommendations contained in the Phase I environmental site assessment prepared by Ceres Associates to confirm that any contamination issues have been adequately addressed prior to site development. All contamination issues must be resolved to the satisfaction of the Fire Chief prior to construction. Monitoring Plan, HAZ-1: All mitigation measures including the recommendations in the Phase I ESA shall be shown on grading and building plans and be clearly visible to contractors and City inspectors. Any contaminations issues must be presented to the Community Development Director and Fire Chief before further action. TRANSPORTATION/TRAFFIC MITIGATION Mitigation Measure TT-1: Prior to the issuance of building permit, the applicant shall construct the roadway channelization project as generally described above (Transportation & Traffic Section 16 of the Initial Study), and as approved by the City and Caltrans. Monitoring Plan, TT-1: All mitigation measures including the recommendations of the Omni Means Report (November 2015) shall be included in construction plans and be clearly visible to contractors and City inspectors. Compliance with the Omni Means Report and roadway design will be verified through the building permit process and with final inspections by City staff. SECTION 3. Action. The Planning Commission does hereby approve application ARCH-0327-2022, based on the findings set out in Section 1 of this Resolution, subject to the following conditions: Planning Division 1. Conformance to Approvals. Final project design and construction drawings shall be in substantial compliance with the project plans approved by the Planning Commission under this Architectural Review application and shall comply with mitigation measures and conditions of approval documented in Resolution CHC-1000-16, Resolution ARC-1002-16, and Resolution PC-1010-17. A separate full-size sheet shall be included in working drawings submitted for a building permit that list all conditions, and code requirements of project approval as Sheet No. 2. Reference shall be made in the margin of listed items as to where in plans requirements are addressed. Any change to approved plans or other conditions of approval must be approved by the Director, Planning Commission or Architectural Review Commission, as deemed appropriate. Resolution No. PC-1078-23 2223 Monterey Street, ARCH-0327-2021 Page 6 2. Colors and Materials. Plans submitted for a building permit shall call out the colors and materials of all proposed building surfaces and other improvements on elevation drawings. Plans shall clearly note that all stucco surfaces are not a sprayed-on product and have a smooth hand-troweled or sand finish appearance to the satisfaction of the Community Development Director. 3. Plans submitted for a building permit shall provide final design details for the trash enclosure(s). Final designs shall be consistent with the overall theme of the project and shall incorporate screening plantings, to the satisfaction of the Community Development Director. 4. Plans submitted for a building permit shall include window details indicating the type of materials for the window frames and mullions, their dimensions, and colors. Plans shall include the materials and dimensions of all lintels, sills, surrounds recesses and other related window features 5. Mechanical and electrical equipment shall be located internally to the building. With submittal of working drawings, the applicant shall include sectional views of the building, which clearly show the sizes of any proposed condensers and other mechanical equipment. If any condensers or other mechanical equipment is to be placed on the roof, plans submitted for a building permit shall confirm that parapets and other roof features will adequately screen them. A line-of-sight diagram shall be included to confirm that proposed screening will be adequate. This condition applies to initial construction and later improvements. 6. The locations of all lighting, including wall-mounted lighting and bollard style landscaping or path lighting, shall be included in plans submitted for a building permit. The lighting schedule for the buildings shall include a graphic representation of the proposed lighting fixtures and cutsheets on the submitted building plans, demonstrating conformance to City’s Night Sky Preservation standards Zoning Regulations § 17.70.100). a. A photometric plan shall be provided per Zoning Regulations Section 17.70.100 (B) (1) (c). b. Exterior wall sconce lighting (facing the creek) should be designed so that the light can be switched on and off to avoid constant illumination of the exterior lights. c. Subject to the final approval of the Community Development Director, any lighting provided along the creek shall be of a bollard style (rather than pole mounted lighting). 7. A final landscaping plan, including irrigation details and plans, shall be submitted to the Community Development Department along with working drawings. The legend for the landscaping plan shall include the sizes and species of all groundcovers, shrubs, and trees with corresponding symbols for each plant material showing their specific locations on plans. a. Subject to the final approval of the Community Development Director, additional landscape plantings shall be provided and maintained along the Highway 101 frontage for additional screening of the parking area. Caltrans approval may be required dependent on location of landscape plantings relative to property lines. Resolution No. PC-1078-23 2223 Monterey Street, ARCH-0327-2021 Page 7 8. The location of any required backflow preventer and double-check assembly shall be shown on all site plans submitted for a building permit, including the landscaping plan. Construction plans shall also include a scaled diagram of the equipment proposed. Where possible, as determined by the Utilities Director, equipment shall be located inside the building within 20 feet of the front property line. Where this is not possible, as determined by the Utilities Director, the back flow preventer and double-check assembly shall be located in the street yard and screened using a combination of paint color, landscaping and, if deemed appropriate by the Community Development Director, a low wall. The size and configuration of such equipment shall be subject to review and approval by the Utilities and Community Development Directors. Engineering 9. Traffic impact fees shall be paid for this development prior to building permit issuance. 10. All underlying lots shall be merged or lot lines shall otherwise be adjusted prior to building permit issuance if required by the Building Division and/or Planning Division. Contact the Planning Division to initiate the Lot Merger, Lot Line Adjustment, or subdivision process. 11. Projects involving the construction of new structures requires that complete frontage improvements be installed or that existing improvements be upgraded per city standard. MC 12.16.050. 12. The required off-site public improvements from the traffic study shall be completed with a separate public improvement plan submittal processed through the Public Works Department and Cal Trans. Improvements located within the public right-of-way will require a separate encroachment permit and associated inspection fees. A separate improvement plan review base fee payable to the Public Works Department shall be required for the Public Works Department review of the improvements associated with the building plan submittal. Said review fee shall be in accordance with the improvement plan review fee resolution in effect at the time of the building permit application submittal. 13. The miscellaneous public improvement plan submittal shall show modifications to the driveway approach in accordance with the traffic study and the revised geometry of the 101 off ramp. All driveway work shall be in accordance with city engineering standards and shall be approved to the satisfaction of the Public Works Department. Resolution No. ARC-1002-16 14. A separate encroachment permit and/or plan approvals may be required from Cal Trans for any work or construction staging within or affecting the Cal Trans right-of-way. 15. The building plan submittal shall correctly reflect the right-of-way width, location of frontage improvements, front property line location, and all easements. All existing frontage improvements including street trees shall be shown for reference. 16. Development of the driveway and parking areas shall comply with the Parking and Driveway Standards for dimension, maneuverability, slopes, drainage, and materials. Alternate paving materials are recommended for water quantity and/or quality control purposes and in the area of existing or proposed trees and where the driveway or parking Resolution No. PC-1078-23 2223 Monterey Street, ARCH-0327-2021 Page 8 area may occur within the drip line of any tree. Alternate paving material shall be approved to the satisfaction of the Planning Division. 17. All parking spaces shall be able to be entered in one movement. All spaces, drive aisles, etc. shall be designed so that all vehicles can exit to the adjoining street in a forward motion in not more than two maneuvers. For purposes of maneuverability, all required and proposed covered and uncovered spaces shall be assumed to be occupied by a standard size vehicle. 18. The building plan submittal shall show all required short-term and long-term bicycle parking per M.C. Section 17.72.070, Table 3-6, and in accordance with standards contained in the 2013 Bicycle Transportation Plan, 2010 Community Design Guidelines, and any project specific conditions to the satisfaction of the Community Development Department. Include details and detail references on the plans for the proposed bicycle parking facilities and/or racks. The building plans shall provide a detailed site plan of any racks. Show all dimensions and clearances to obstructions per city standard. The project summary shall include the required and proposed bicycle parking accordingly. a. Short-term bicycle racks of the inverted "U" design or "Peak Racks" shall be installed in close proximity to, and visible from the main entry into the building. Dimension the minimum clearances between racks shall be per city standards/adopted guidelines. b. Long-term bicycle parking may consist of lockers installed either within or outside the building. As an alternative, a lockable room within the building(s) labeled and reserved for bicycle storage may substitute for bicycle lockers. Provide details and specs for bicycle lockers to the satisfaction of the Planning Division. 19. Provisions for trash, recycle, and green waste containment, screening, and collection shall be approved to the satisfaction of the City and San Luis Obispo Garbage Company. The respective refuse storage area and on-site conveyance shall consider convenience, aesthetics, safety, and functionality. Ownership boundaries and/or easements shall be considered in the final design. Any common storage areas shall be maintained by the Property Owner's Association or other property maintenance agreement accordingly. 20. The building plan submittal shall include a complete site utility plan. All existing and proposed utilities along with utility company meters shall be shown. Existing underground and overhead services shall be shown along with any proposed alterations or upgrades. Services to the new structures shall be underground. Undergrounding to the new structures and facilities shall be completed without a net increase of utility poles within the public right of- way unless specifically approved by the City of San Luis Obispo. All work in the public right-of-way shall be shown or noted. 21. This property is located within a designated flood zone as shown on the Flood Insurance Rate Map (FIRM) for the City of San Luis Obispo. As such, any new or substantially remodeled structures shall comply with all Federal Emergency Management Agency (FEMA) requirements and the city's Floodplain Management Regulations per Municipal Code Chapter 17.84. Resolution No. PC-1078-23 2223 Monterey Street, ARCH-0327-2021 Page 9 22. This property is located in an AE flood zone. Any structure located within the flood zone must be constructed to an elevation that is at least one foot above the Base Flood Elevation (BFE). Additional freeboard to 2 feet above the BFE may result in additional savings on flood insurance and is strongly encouraged. 23. The developer shall process a Letter of Map Change (LOMC) to show that the new structures and building/site service equipment are located outside the Special Flood Hazard Area. The LOMC shall be processed and finalized prior to building permit issuance. If the structures will be removed based on fill, then a Conditional Letter of Map Revision (CLOMR) shall be processed prior to building/grading permit issuance with a LOMR to be processed within 6 months of the completion of grading and prior to final inspection approvals/occupancy. 24. The building plan submittal shall include a complete grading, drainage and topo plan. The grading and drainage plan shall show existing structures and grades located within 15' of the property lines in accordance with the grading ordinance. The plan shall consider historic offsite drainage tributary to this property that may need to be conveyed along with the improved on-site drainage. This development will alter and/or increase the storm water runoff from this site. The improved or altered drainage shall be directed to the street and not across adjoining property lines unless the drainage is conveyed within recorded easements or existing waterways. 25. The building plan submittal shall include complete topographic information along the creek bank. Any proposed creek bank stabilization measures shall be to the satisfaction of the Natural Resources Manager. The building plan submittal shall include the review and recommendations from a soils engineer/engineering geologist on the stability of the existing creek banks and any recommendations regarding building setbacks, site grading and drainage recommendations, etc. 26. This development shall comply with the Waterway Management Plan, Volume III, Drainage Design Manual. The building plan submittal shall include a complete hydrologic and hydraulic analysis report to show compliance with the Waterway Management Plan and the Post Construction Stormwater Requirements. The analysis shall be expanded or amended as necessary to include any proposal for fill within the special flood hazard area. 27. The building plan submittal shall show compliance with the Post Construction Stormwater Requirements as regulated by the Regional Water Quality Control Board for redeveloped sites. Include a complete Post Construction Stormwater Control Plan Template as available on the City's Website. 28. An operations and maintenance manual will be required for the post construction stormwater improvements. The manual shall be provided at the time of building permit application and shall be accepted by the City prior to building permit issuance. A private storm water conveyance agreement will be required and shall be recorded prior to final inspection approvals. 29. EPA Requirement: General Construction Activity Storm Water Permits are required for all storm water discharges associated with a construction activity where clearing, grading or excavations result in land disturbance of one or more acres. Storm water discharges of less than one acre, but which is part of a larger common plan of development or sale, also Resolution No. PC-1078-23 2223 Monterey Street, ARCH-0327-2021 Page 10 requires a permit. Permits are required until the construction is complete. To be covered by a General Construction Activity Permit, the owner(s) of land where construction activity occurs must submit a completed "Notice of Intent" (NOI) form, with the appropriate fee, to the State Regional Water Quality Control Board. An application is required to the State Board under their recently adopted Stormwater Multi-Application, Reporting, and Tracking System (SMARTS). 30. The building plan submittal shall include a copy of the Storm Water Pollution Prevention Plan (SWPPP) for reference. Incorporate any erosion control measures into the building plans as required by the Board, identified in the SWPPP, and in accordance with Section 10 of the city's Waterways Management Plan. The building plan submittal shall include reference to the WDID number on the grading and erosion control plans for reference. 31. Work adjacent to or within a channel or creek may require the approvals of California Department of Fish and Wildlife (CDFW), The Army Corp of Engineer's, and/or the Regional Water Quality Control Board. A copy of any required permits or a written permit waiver or exemption for the same shall be provided to the City prior to demolition, grading, and/or building permit issuance if applicable. 32. Erosion control measures are required in accordance with the grading ordinance and Waterway Management Plan Drainage Design Manual. Provide an erosion control plan and/or erosion control notes on the plans to the satisfaction of the Building Official and Public Works Director. Erosion control measures shall be implemented and maintained during all construction and ground disturbing activities. Add notes to the grading plan as necessary. A detailed erosion control plan is required in accordance with Waterway Management Plan Section 3.7 and Section 10.0. 33. A soils report will be required for development of all new structures, site improvements, retaining walls, new parking lot areas, and for public improvements. The soils report shall be included with the building permit submittal package and with the submittal of public improvement plans if applicable. 34. The building plan submittal shall include a complete landscape plan including the planting along the Highway 101 corridor adjacent to the site to accommodate screening of trees and shrubs. 35. The building plan submittal shall show all existing and proposed trees. The plan shall show the trees to be removed, transplanted, and/or saved. A tree protection plan and/or strategy shall be provided for all trees to be retained or transplanted to the satisfaction of the City Arborist prior to demolition, grading, and/or building permit issuance. 36. Tree protection measures shall be implemented to the satisfaction of the City Arborist. The City Arborist shall review and approve the proposed tree protection measures prior to commencing with any demolition, grading, or construction. A separate report from a Certified Arborist may be required at the discretion of the City Arborist. The City Arborist shall approve any safety pruning, the cutting of substantial roots, or grading within the drip line of trees. A city-approved arborist shall complete safety pruning. Any required tree protection measures shall be shown or noted on the building plans. Contact the City Arborist at 781-7023 to review and to establish any required preservation measures to be included with the building permit submittal. Resolution No. PC-1078-23 2223 Monterey Street, ARCH-0327-2021 Page 11 37. A tree protection/transplanting surety shall be provided as part of the tree protection plan/strategy. The surety shall be provided prior to building permit issuance and shall remain on file with a sunset date as established by the project arborist to the satisfaction of the City Arborist. Natural Resources 38. The riparian open space area shall be encumbered by a permanent open space easement, per Ordinance 1130, as amended by Ordinance 1651, to the satisfaction of the Natural Resources Manager and City's Attorney's Office. Utilities Department 39. Any private water or sewer services that cross one proposed parcel for the benefit of another shall provide evidence that a private utility easement appropriate for those facilities has been recorded prior to final Building Permit. 40. If commercial uses in the project include food preparation, provisions for grease interceptors and FOG (fats, oils, and grease) storage within solid waste enclosure(s) shall be provided with the design. These types of facilities shall also provide an area inside to wash floor mats, equipment, and trash cans. The wash area shall be drained to the sanitary sewer. 41. The project's Utility Plan shall clearly show the extent of the City's existing sewer easement through the property. Private storm drainage structures and trees will not be permitted in the City's easement. 42. The Utility Plan shall clearly show landscape water meters for each parcel. One landscape meter may be used for all three parcels if the parcels are under the same ownership and a Lot-Tie Agreement is provided. 43. The proposed utility infrastructure shall comply with the latest engineering design standards in effect during the time a building permit is obtained and shall have reasonable alignments and clearances needed for maintenance. 44. All foundations, structures, and overhangs shall have a minimum horizontal clearance of ten feet (10’-0”) to all public sewer mains running along the existing easement. 45. Building permit submittal shall clarify size of existing and proposed water services and water meters for the project. Water meters shall be adequately sized to serve the project. 46. The sewer lateral serving the property shall be made with HDPE material and shall be installed per the City’s engineering design standards. 47. The building permit submittal shall include a completed Maximum Applied Water Allowance (MAWA) form based on the final landscape design plan and a hydrozone table with a summary of Estimated Total Water Use (ETWU) and the corresponding irrigation window. 48. The landscape plan submitted with the building permit shall incorporate smaller trees within the existing water line easement along the northern property boundary, such that the trees and associated root structure will not impact the underlying water line. Resolution No. PC-1078-23 2223 Monterey Street, ARCH-0327-2021 Page 12 Indemnification 49. The applicant shall defend, indemnify, and hold harmless the City and/or its agents, officers, and employees from any claim, action, or proceeding against the City and/or its agents, officers, or employees to attack, set aside, void, or annul the approval by the City of this project, and all actions relating thereto, including but not limited to environmental review ("Indemnified Claims"). The City shall promptly notify the applicant of any Indemnified Claim upon being presented with the Indemnified Claim, and City shall fully cooperate in the defense against an Indemnified Claim. On motion by Vice Chair Cooley, seconded by Commissioner Jorgensen, and on the following roll call vote: AYES: Commissioners Houghton, Jorgensen, Kahn, Ringer, Vice Chair Cooley and Chair Munoz-Morris NOES: None REFRAIN: None ABSENT: Commissioner Tolle The foregoing resolution was adopted this 12th day of July 2023. _____________________ Tyler Corey, Secretary Planning Commission