HomeMy WebLinkAbout2024 06 21 - ARCH-0361-2023, SBDV-0362-2023 (3160 Johnson) Follow-up LetterCity of San Luis Obispo, Community Development, 919 Palm Street, San Luis Obispo, CA, 93401-3218, 805.781.7170, slocity.org
June 21, 2024
Jordan Knauer
1317 Chorro Street
San Luis Obispo, CA 93401
SUBJECT: ARCH-0361-2023, SBDV-0362-2023 (3160 Johnson Avenue) – Review of (a)
a Tentative Parcel Map (SBDV-0362-2023, flexible lot design subdivision) to
create four (4) parcels, and (b) Development Review (ARCH-0361-2023) for
the construction of four (4) single-family residences and site improvements
such as access, fencing, and landscaping. The project also includes removal
of, and compensatory planting for, 12 onsite trees. Each proposed parcel
would be developed with a single-family residence, accessory dwelling unit,
and supporting site improvements. The project is categorically exempt from
environmental review under Sections 15315 (Minor Land Divisions) and
15332 (In-Fill Development Projects) of the CEQA Guidelines.
Dear Jordan Knauer:
On June 17, 2024, I conducted a public hearing on your requests for (a) a Tentative Parcel Map
(SBDV-0362-2023, flexible lot design subdivision) to create four (4) parcels, and (b)
Development Review (ARCH-0361-2023) for the construction of four (4) single-family
residences and site improvements such as access, fencing, and landscaping. After careful
consideration, I have approved your request, based on findings as noted in the attached
Director’s Resolution No. 24-01.
My action is final unless appealed within ten (10) calendar days of the date of the hearing.
Anyone may appeal the action by submitting a letter to the Community Development
Department within the time specified. The appropriate appeal fee must accompany the appeal
documentation. Appeals will be scheduled for the first available Planning Commission
meeting date. If an appeal is filed, you will be notified by mail of the date and time of the
hearing.
Approval of the Minor Development Review (ARCH-0361-2023) will automatically expire
in one (1) year unless plans for a building permit have been issued per Section 17.104.070
(Expiration). Upon written request, the Community Development Director may grant up to
three, one-year extensions. Renewals may be approved with new or modified conditions upon
finding that circumstances under which the permit was originally approved have substantially
changed.
Approval of the Tentative Parcel Map (SBDV-0362-2023) will automatically expire after two
(2) years if the final map has not yet been recorded per Section 16.10.130 (Expiration of
Approved Tentative Maps). Upon written request, the Community Development Director may
grant a time extension per Section 16.10.135 (Time Extension for Parcel or Final Maps).
Included with this letter is an invoice for the Completion Fee associated with the Minor
Development Review application, which is now due. Completion Fees are to be paid within
six months of the final action taken on planning services provided or prior to the acceptance
of a building permit to construct the project. Please note that building permit applications will
not be accepted prior to payment of the Completion Fee. Payment of this fee may be made in
person, online, by mail, or by phone.
Payment Online: To pay the invoice online, please visit the following link:
https://infoslo.slocity.org/EnerGov_Prod/selfservice#/home
Payment by Mail: By-mail payments must be in the form of a check, and sent to:
CDD Planning Fees
City of San Luis Obispo
919 Palm Street
San Luis Obispo, CA 93401
Checks made payable to: City of San Luis Obispo
Please include the application number on the check from the subject line of this letter.
Payment by Phone: Call our main line at (805) 781-7170 and please press option #6 to speak
with a staff member to process credit card payment.
If you have any questions or need additional information regarding the project, please contact
Hannah Hanh, Associate Planner at (805) 781-7432 or hhanh@slocity.org.
Sincerely,
Brian Leveille
Senior Planner
Community Development
DIRECTOR'S RESOLUTION NO. 24-01
AN ACTION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF
THE CITY OF SAN LUIS OBISPO APPROVING A TENTATIVE PARCEL
MAP (SLO 23-0034) (FLEXIBLE LOT DESIGN SUBDIVISION) TO
SUBDIVIDE AN EXISTING PARCEL INTO FOUR (4) PARCELS AND
THE CONSTRUCTION OF FOUR (4) SINGLE-FAMILY RESIDENCES
AND SUPPORTING SITE IMPROVEMENTS. THE PROJECT IS
CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW AS
REPRESENTED IN THE STAFF REPORT AND ATTACHMENTS DATED
JUNE 17, 2024 (3160 JOHNSON AVENUE, ARCH-0361-2023 AND SBDV-
0362-2023)
WHEREAS, the Hearing Officer of the City San Luis Obispo conducted a public hearing
on February 12, 2024, for the purpose of considering a Tentative Parcel Map (flexible lot design
subdivision) to subdivide an existing parcel into four (4) parcels and continued the item to a date
uncertain with direction to the applicant and staff to address pertinent issues, pursuant to a
proceeding instituted under application SBDV-0362-2023, Jordan Knauer, applicant; and
WHEREAS, the Hearing Officer of the City San Luis Obispo conducted a public hearing
on April 22, 2024, for the purpose of considering a subsequent review of a Tentative Parcel Map
(flexible lot design subdivision) to subdivide an existing parcel into four (4) parcels and continued
the item to a date uncertain with direction to the applicant and staff to address pertinent issues,
pursuant to a proceeding instituted under application SBDV-0362-2023, Jordan Knauer, applicant;
and
WHEREAS, the Hearing Officer of the City San Luis Obispo conducted a public hearing
on June 17, 2024, for the purpose of considering (a) a Tentative Parcel Map (flexible lot design
subdivision) to subdivide an existing parcel into four (4) parcels; and (b) construction of four (4)
single-family residences and supporting site improvements, pursuant to a proceeding instituted
under applications ARCH-0361-2023 and SBDV-0362-2023, Jordan Knauer, applicant; and
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law; and
WHEREAS, the Community Development Director 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 Community Development Director of
the City of San Luis Obispo as follows:
SECTION 1. Findings. The Community Development Director hereby grants final approval
for the project, based on the following findings:
Director’s Resolution No. 24-01
ARCH-0361-2023 and SBDV-0362-2023 (3160 Johnson Avenue)
Page 2
Tentative Parcel Map
1. The proposed flexible lot design subdivision, together with provisions for its design and
improvement, is consistent with the General Plan, particularly the Land Use Element and
Housing Element, because it is a flexible lot design subdivision that would create parcels
for single-family development as allowed in the underlying land use designation and
facilitate Program 6.20 of the Housing Element as an alternative to the conventional
subdivision design.
2. The design of the flexible lot design subdivision provides, to the extent feasible, for future
passive or natural heating or cooling opportunities in the subdivision because the proposed
residences have been designed to exceed setback requirements, which would provide
adequate distance between buildings for natural ventilation and solar exposure.
3. The site is physically suitable to accommodate four (4) future single-family residences
because the proposed parcels satisfy the minimum lot area requirement, and the proposed
residences meet development standards for the Low-Density Residential (R-1) Zone.
4. The design of the flexible lot design subdivision would not cause serious health problems,
substantial environmental damage or substantially and unavoidably injure fish or wildlife
or their habitat because the subdivision will occur in an urban area and on a site that has
been previously developed with a single-family residence. In addition, approval of the
subdivision does not grant any exceptions from the Subdivision Regulations, Zoning
Regulations, or applicable code requirements.
5. The design of the flexible lot design subdivision or type of improvements will not conflict
with easements, acquired by the public at large, for access through or use of property within
the proposed subdivision or with public access to public resources as defined and regulated
by Section 66478.1 et seq. of the Government Code because the project site does not
include public access to public resources and is privately owned.
6. The approval of the flexible lot design subdivision as it relates to the housing needs of the
region has been considered and has balanced those needs against the public service needs
of its residents and available fiscal and environmental resources with favorable results
pursuant to Section 66412.3 of the Government Code.
7. The approval of the flexible lot design subdivision requires that the subdivider shall defend,
indemnify, and hold harmless the city and its agents, officers and employees from any
claim, action or proceeding against the city or its agents, officers, or employees to attack,
set aside, void or annul, the approval by the City of this subdivision, and all actions relating
thereto, including but not limited to environmental review. The City shall promptly notify
the subdivider of any claim, action or proceeding and shall cooperate fully in the defense.
Development Review
8. The project is consistent with the General Plan because the site is located in the Low-
Director’s Resolution No. 24-01
ARCH-0361-2023 and SBDV-0362-2023 (3160 Johnson Avenue)
Page 3
Density Residential land use designation, which the Land Use Element describes as
intended for uses such as single-family detached dwellings and accessory dwelling units.
In addition, Program 6.20 of the Housing Element states the City would support small lot
subdivisions (e.g., flexible lot design subdivision) to facilitate the expansion of housing
options.
9. As conditioned, the project is consistent with the R-1 zone because the single-family
residences are allowed uses, have been designed in conformance with applicable
development standards, and would be compatible with other approved single-family
residences located within the neighborhood.
10. On February 5, 2024, the ARC reviewed the Minor Development Review application and
recommended the Community Development Director find it consistent with Community
Design Guidelines subject to considerations to (a) provide additional landscape screening
along shared property lines with adjacent neighbors, (b) provide additional articulation
through the use of architectural detailing, different paint colors, and/or other features; and
(c) use natural colors in the color palettes.
11. As conditioned, the project provides adequate consideration of and measures to address
any potential adverse effects on surrounding properties such as traffic, vehicular and
pedestrian safety, visual, and scale, because each proposed residence (a) includes sufficient
onsite parking, (b) utilizes a craftsman or contemporary design that is compatible with
other residences in the neighborhood; and (c) incorporates consistent articulation, material,
and color changes with pedestrian-scale elements such as windows, doors, and patios
throughout all building elevations.
12. As conditioned, the project would not be detrimental to the health, safety, and welfare of
persons living or working at the site or in the vicinity because it includes the construction
of single-family residences in a residential zone intended for single-family development,
conforms to applicable development standards, and shall comply with all applicable
Building Code and Fire Code requirements.
Tree Removals
13. The proposed tree removals are consistent with Municipal Code Section 12.24.090(G)(3)
because all 12 removals are non-native trees that have a lower preservation value.
14. The proposed tree removals are consistent with Municipal Code Section 12.24.090(G)(2)
because nine (9) of the 12 trees to be removed are located in a private rear yard, not highly
visible from the public right-of-way, and have lower preservation priority.
15. The proposed tree removals are consistent with Municipal Code Section 12.24.090(G)(1)
because the scale of the trees and size of the canopy would be considered as part of the
compensatory replanting plan. Larger, more visually prominent trees would have a higher
preservation priority than smaller, less visually prominent trees.
Director’s Resolution No. 24-01
ARCH-0361-2023 and SBDV-0362-2023 (3160 Johnson Avenue)
Page 4
16. The proposed tree removals are consistent with Municipal Code Section 12.24.090(G)(6)
because two (2) additional trees are conditioned to be planted along the southeast property
line to provide privacy and screening between neighboring properties.
SECTION 2. Environmental Review. The project is categorically exempt from
environmental review under Section 15332 (In-Fill Development Projects) of the California
Environmental Quality Act (CEQA) Guidelines because it is consistent with applicable General
Plan policies and Zoning Regulations; occurs within City limits with no more than five (5) acres
of site disturbance (0.57 acre); and is substantially surrounded by other urban uses (i.e., located
within a developed residential neighborhood). In addition, the site does not have value as habitat
for endangered, rare, or threatened species since it has been previously developed for residential
use and the project will be served by all required utilities and public services. Approval of the
project would not result in any significant effects relating to (a) traffic because the project would
not exceed the trip threshold (i.e., less than 110 daily vehicle trips) anticipated for Small
Development Projects per CEQA Guidelines; (b) noise because the project would comply with
exterior and interior noise limits outlined in the City’s Municipal Code (Chapter 9.12 – Noise
Control); (c) air quality because construction-related emissions are temporary; or (d) water quality
because the project site does not contain onsite, or impact offsite, creeks or wetlands.
The project is also categorically exempt under Section 15315 (Minor Land Divisions) of the CEQA
Guidelines because it includes the subdivision of a residentially zoned property into four (4)
parcels; is located in an urbanized area; is consistent with applicable policies of the General Plan
and development standards in the Zoning Regulations; does not require variances or exceptions
from the Subdivision Regulations; and all required services and access to the proposed parcels to
local standards are available and will serve the project. Additionally, the existing parcel was not
involved in a division of a larger parcel within the previous two (2) years and does not have an
average slope greater than 20 percent.
SECTION 3. Approval. The Community Development Director does hereby approve the
project, subject to the following conditions:
Planning Division – Community Development Department
1. Plans submitted for a building permit shall be in substantial conformance with the
submitted project description and plans submitted for the Minor Development Review
(ARCH-0361-2023) and Tentative Parcel Map (SBDV-0362-2023) applications, and
incorporate all conditions of approval. A separate, full-sized sheet shall be included in the
working drawings submitted for a building and/or grading permit that lists all conditions
of approval. Reference shall be made in the margin of listed items as to where the
requirements are addressed in the plans. Any change to the approved design, colors,
materials, landscaping, or other conditions of approval must be approved by the Director
and may be subject to review by the Architectural Review Commission, as deemed
appropriate.
Director’s Resolution No. 24-01
ARCH-0361-2023 and SBDV-0362-2023 (3160 Johnson Avenue)
Page 5
2. The Parcel Map application shall be in substantial conformance with the submitted
information for the Tentative Parcel Map (SBDV-0362-2023) and include responses to all
applicable conditions of approval.
3. Plans submitted for a building permit shall call out the colors and materials of all proposed
building surfaces and other improvements. As directed by the Architectural Review
Commission on February 5, 2024, the plans shall incorporate additional articulation for the
residences through the use of architectural detailing, different paint colors, or other features
on building elevations facing the adjacent neighbors. The color palettes shall also
incorporate the use of natural colors.
4. Plans submitted for a building permit shall include the locations of all lighting such as
bollard style landscaping or path lighting. All wall-mounted lighting fixtures shall be
clearly labeled on building elevations and complement the building architecture. The
lighting schedule for the building shall include a graphic representation of the proposed
lighting fixtures and cut sheets in the submitted plans. The selected fixture(s) shall be
shielded to ensure that light is shielded and directed downward consistent with standards
outlined in Municipal Code Section 17.70.100 (Lighting and Night Sky Preservation).
5. All ducts, meters, air conditioning equipment, and other mechanical equipment, whether
located on the ground, roof, or elsewhere on the structure or property, shall be screened
from public view with materials that are architecturally compatible with the main residence
to the satisfaction of the Community Development Director. Public view includes existing
views from all public streets and sidewalks. Gas and electric meters, electric transformers,
and large water piping systems (e.g., backflow prevention devices) shall be completely
screened from public view with approved architectural features and/or landscaping or
located in the interior of the residence or property. This requirement applies to the initial
construction of the residence and any subsequent improvements.
6. Plans submitted for a building permit shall include landscape and irrigation plans. 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. Details on the proposed surfaces and finishes of hardscapes shall be
included in the landscaping plan.
7. Plans submitted for a building permit shall include elevations and detail drawings of all
proposed fences and/or walls. All proposed fences and walls shall be of high-quality
materials such as pressure-treated wood fences, split-face block walls, etc. Fences facing
the public right-of-way shall be constructed with the finished side of the fence facing the
public right-of-way. All proposed fences, walls, and hedges shall comply with standards
outlined in Municipal Code Section 17.70.070 (Fences, Walls, and Hedges).
8. Prior to final inspection for the building permits to construct the units, the accompanying
Parcel Map to create four (4) new lots shall be recorded.
Director’s Resolution No. 24-01
ARCH-0361-2023 and SBDV-0362-2023 (3160 Johnson Avenue)
Page 6
Housing Division – Community Development Department
9. At the time of building permit issuance, the applicant shall pay the required inclusionary
housing in-lieu fee in accordance with Municipal Code Section 17.138.060 (In-lieu
Housing Fee).
City Arborist – Community Development Department
10. At the time of building permit application, the landscape and irrigation plans shall show all
existing trees to be removed and trees to be retained. The plan shall show neighboring trees
with canopies or root zones within the area of disturbance. Tree protection measures
described in the Arborist Report, dated June 13, 2024, by the Oakley Group shall be
included on the building plans. Additional tree protection measures may be required to the
satisfaction of the City Arborist.
11. Tree removals shall be limited to the 12 onsite trees described in the Arborist Report, dated
June 13, 2024, by the Oakley Group and shown in plans submitted as part of the
application. Removed trees shall be replaced onsite at a minimum 1:1 compensatory ratio
from the City’s Master Tree List, subject to the satisfaction of the City Arborist.
Compensatory plantings shall be clearly noted in the landscape and irrigation plans
submitted as part of the building permit application.
12. At the time of building permit application, the landscape and irrigation plans shall include
the required street trees. Street trees are required at the rate of one tree per each 35 linear
feet of frontage. The City Arborist shall review and approve the proposed tree species based
on the location, soils type, and overhead wiring conflicts.
13. To increase the urban canopy and address privacy concerns raised between neighboring
properties, the landscape and irrigation plans shall include the planting of two (2) additional
Jacaranda (Jacaranda mimosifolia) trees along the southeast property line, subject to the
satisfaction of the City Arborist. These two (2) additional trees raise the minimum required
compensatory plantings to 14 trees.
14. At the time of building permit application, the landscape and irrigation plans shall
demonstrate that the compensatory trees are planted in accordance with the City’s
Engineering Standards for Tree Planting.
15. During site construction, the recommended tree protection measures described in the
Arborist Report, dated June 13, 2024, by the Oakley Group shall be implemented to ensure
that the nine (9) existing trees located on adjacent, neighboring properties to the northwest
and southeast are not impacted by the proposed development.
16. During site construction, the Project Arborist shall supervise all construction work
performed within and adjacent to the tree protection zone (TPZ) as indicated in the Arborist
Report. Any work performed within the TPZ shall be done with hand tools so that the
Director’s Resolution No. 24-01
ARCH-0361-2023 and SBDV-0362-2023 (3160 Johnson Avenue)
Page 7
Project Arborist is able to determine that there would be no more than 25% of root zone
loss during construction.
17. Prior to final inspection, all compensatory tree plantings shall be completed in accordance
with the approved landscape and irrigation plans.
18. California Fish and Game Code Section 3503.5 5 and the Migratory Bird Treaty Act of
1972 prevents the removal of trees with active nests. To account for most nesting birds,
removal of trees should be scheduled to occur in the fall and winter (between September
1st and January 31st) and after the young have fledged. If removing trees during the nesting
season (February 1st to August 31st), a qualified biologist shall inspect any trees marked
for removal that contain nests to determine if the nests are active. If there are active nests,
trees shall not be removed and may only be removed once a qualified biologist provides a
confirmation memo that breeding and/or nesting is completed, and young have fledged the
nest prior to removal of the tree to the satisfaction of the Community Development Director
or City Biologist.
Engineering Division – Community Development / Public Works Departments
19. The building plan submittal shall comply with all requirements and conditions of the
Development Review and Tentative Subdivision approvals.
20. Park in-lieu fees shall be paid for each new dwelling unit prior to map recordation or at the
time of building permit issuance, whichever comes first. The fees shall be based on the fee
resolution in effect at the time. Credit for the removal of any lawful unit will be applied to
the final fee.
21. The existing driveway approach shall be upgraded as necessary to provide disabled access
behind the ramp per the Americans with Disabilities Act (ADA) and City standards to the
approval of the Public Works Director.
22. Unless otherwise waived by the City Engineer, the existing fire hydrant located along the
project frontage shall be upgraded to current City Standards.
23. Development of the driveway and parking areas shall comply with the Parking and
Driveway Standards for dimensions, maneuverability, slopes, drainage, and materials.
Alternate paving materials are recommended for surface parking lots for water quality
and/or quality control purposes. Alternate paving material shall be approved to the
satisfaction of the Community Development Director.
24. A soils report shall be provided at the time of building permit application.
25. The building plan submittal shall show and label all property lines, dedications, public
easements, and private easements in accordance with the parcel map. The building plans
shall show and label all existing and proposed survey monumentation for reference. The
Director’s Resolution No. 24-01
ARCH-0361-2023 and SBDV-0362-2023 (3160 Johnson Avenue)
Page 8
plan shall note the required monument preservation or replacement for any disturbed
monuments.
26. The building plan submittal shall show and label all existing and proposed frontage
improvements and sidewalk furniture located within the public right-of-way to scale on the
site plan for reference. Improvements to be shown include but are not limited to curb, gutter
& sidewalk, driveway approaches, catch basins, curb ramps, fire hydrants, streetlights,
utility poles, parking meters, curb and street painting, overhead and underground utility
services, utility vaults, water meter vaults, water and sewer services, utility abandonments,
street signs, sidewalk underdrains, fences, retaining walls, landscape improvements, and
street trees. Plan must differentiate between existing frontage improvements and new
frontage improvements. New improvements shall include reference to the applicable
Engineering Standards.
27. Projects involving the construction of new structures require the complete frontage
improvements to be installed and that the existing improvements be upgraded per City
Engineering Standards.
28. Any sections of damaged or displaced curb, gutter & sidewalk or driveway approach shall
be repaired or replaced to the satisfaction of the Public Works Director. Contact this office
to set up a site visit to discuss sections to be repaired or replaced. All areas to be repaired
or replaced shall be shown on the building plan submittal for reference.
29. A separate subdivision improvement or miscellaneous public improvement plan is not
required. The building plan submittal may be used to show some or all of the required
private on-site subdivision improvements. Improvements located within the public right-
of-way will require a separate encroachment permit and associated inspection fees based
on the fee schedule in effect at the time of permit issuance. A separate subdivision
improvement plan review fee and subdivision map check fee will be required for the Public
Works Department review and inspection of the public subdivision/development
improvements and map in accordance with the most current fee resolution.
30. The building plan submittal shall show and note compliance with the Drainage Design
Manual and drainage amendments per Section 1804.4.2 of the Cit of San Luis Obispo
adopted Building Code. The submittal shall include a summary drainage report to evaluate
any changes in grading and drainage. Improved or diverted drainage shall not be directed
across the side or rear property lines unless conveyed to an existing waterway, a drainage
easement, or where the discharge is designed in accordance with the Drainage Design
Manual.
31. The building plan submittal shall include a complete grading and drainage plan for this
project. The plan shall show the existing and proposed contours and/or spot elevations to
clearly depict the proposed grading and drainage. Show and label the high point elevation
or grade break at the yard areas and drainage arrows to show the proposed drainage. Include
the finished floor elevation of the residences/garage, patio finish surface elevations, finish
grade elevations, and yard drainage.
Director’s Resolution No. 24-01
ARCH-0361-2023 and SBDV-0362-2023 (3160 Johnson Avenue)
Page 9
32. The site development plan submittal shall show any parking, access, utility, site, and/or
drainage improvements required to support the proposed subdivision. The building plan
submittal shall show all existing public and/or private utilities and improvements shall be
approved to the satisfaction of the Community Development Director and Public Works
Director prior to recordation of the parcel map. Unless otherwise waived or deferred, the
site/utility plan shall include drainage improvements, water, sewer, storm drains, gas,
electricity, telephone, cable TV, and any related utility company meters for each parcel if
applicable. Any utility relocations, demolitions, and/or other on-site work shall be
completed with proper permits and receive final inspection prior to recordation of the
parcel map.
33. Improved drainage shall be directed to a non-erosive outlet and ultimate discharge to the
face of curb with an approved sidewalk underdrain per City Engineering Standards.
34. The building permit submittal shall show and note compliance with the Post Construction
Stormwater Regulations and the City’s Drainage Design Manual. The altered and/or
replaced frontage improvements shall be included in the area analysis.
35. The building plan submittal shall include a complete site utility plan showing all existing
and proposed utilities along with all utility company meters. The plan shall show and note
the abandonment of all existing utilities unless otherwise approved for re-use.
36. All new wire utilities to serve the development on all four parcels shall be underground.
The underground wiring shall be achieved without a net increase in wood utility poles
located within the public right-of-way unless otherwise approved by the City and serving
utility companies.
37. Any easements including, but not limited to, provisions for all public and private utilities,
access, grading, drainage, slope banks, construction, common driveways, and maintenance
of the same shall be shown on the Parcel Map and/or shall be recorded separately prior to
map recordation, if applicable. Said easements may be provided for in part or in total as
blanket easements.
38. An agreement for the shared common driveway, drainage, and utilities shall be prepared
and recorded concurrently with the Parcel Map. The agreement shall contain provisions for
maintenance by the owners sharing the easement area described in the agreement.
Additionally, parking shall not be permitted along the driveway or in front of the garages.
39. The Parcel Map may require a public pedestrian easement for the ADA sidewalk extension.
40. The subdivider shall dedicate a 10’ wide street tree and public utility easement across the
frontage of each parcel fronting Johnson Avenue. Said easement shall be adjacent to and
contiguous with all public right-of-way lines bordering each parcel.
Director’s Resolution No. 24-01
ARCH-0361-2023 and SBDV-0362-2023 (3160 Johnson Avenue)
Page 10
41. The Parcel Map may be recorded prior to construction of the required public and/or private
subdivision improvements. If so, the map conditions or code requirements may be satisfied
by the preparation and approval of a subdivision improvement plan.
42. A Stormwater Operations and Maintenance Manual and Private Stormwater Conveyance
Agreement shall be provided in conjunction with the development project. The stormwater
conveyance agreement shall be recorded separate or concurrent with the map recordation.
43. Unless otherwise approved by the City, all stormwater BMPs shall be located on private
property and not within the public right-of-way. If allowed within the right-of-way, a
separate encroachment agreement will be required, and may be recorded concurrent with
the Parcel Map.
Utilities Department
44. A private utility easement and agreement including, but not limited to, water and sewer
utilities shall be recorded prior to recordation of the final map and/or issuance of building
permits, whichever occurs first. The recorded private easement and agreement shall set
forth responsibilities for each parcel served, including responsibility for maintenance,
inspection, and improvement of the shared sewer lateral.
45. The building permit submittal shall include a site utility plan showing the size of existing
and proposed sewer and water services. The proposed utility infrastructure shall comply
with the latest engineering design standards effective at the time the building permit is
obtained and shall have reasonable alignments needed for maintenance of public
infrastructure along public roads. The existing sewer lateral shall be removed or
abandoned pursuant to the City’s Engineering Standards, and a new sewer lateral shall be
constructed to serve the project, subject to the approval of the Utilities Director.
46. Engineer’s calculations shall be provided with the submittal of the building permit to
confirm water meter sizes. Engineer’s calculations shall be provided with the submittal of
the building permit for the proposed sewer generations and to confirm private sewer lateral
capacity.
47. A private utility easement and agreement (including, but not limited to water and sewer
utilities) shall be recorded prior to recordation of the final map and issuance of building
permits. The recorded private easement and agreement shall set forth responsibilities for
each parcel served (including responsibility for maintenance, inspection, and improvement
of the shared sewer lateral).
48. The building permit submittal shall include a final landscape design plan and irrigation
plan and identify the square footage of landscaping proposed as part of the project. If
greater than 500 square feet, applicant shall provide a Maximum Applied Water Allowance
(MAWA) calculation. The project’s estimated total water use (ETWU) to support new
ornamental landscaping shall not exceed the project’s maximum applied water allowance
(MAWA).
Director’s Resolution No. 24-01
ARCH-0361-2023 and SBDV-0362-2023 (3160 Johnson Avenue)
Page 11
49. Portable city water shall not be used for major construction activities, such as grading and
dust control. Recycled water is available through the City’s Construction Water Permit
program.
Indemnification
50. 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 the City shall
fully cooperate in the defense against an Indemnified Claim.
Applicable Application or Code Requirements and Informational Notes
51. The subdivision shall be recorded with a Parcel Map. The Parcel Map preparation and
monumentation shall be in accordance with the City’s Subdivision Regulations,
Engineering Standards, and the Subdivision Map Act. The Parcel Map shall use U.S.
Customary Units in accordance with the current City Engineering Standards.
52. The Parcel Map, exhibits, and legal descriptions shall be prepared by a California Licensed
Land Surveyor or Civil Engineer authorized to practice land surveying.
53. The geotechnical report for the project shall be referenced on the Parcel Map in accordance
with the City’s Subdivision Regulations and the Subdivision Map Act.
54. A subdivision improvement plan review fee and subdivision map check fee will be required
for the Public Works Department review and inspection of the public subdivision or
development improvements and map in accordance with the most current fee resolution.
The foregoing document was passed and adopted this 17th day of June 2024.
Community Development Director
Timothea Tway
By: Brian Leveille, Hearing Officer