EXHIBIT A
of Planning Commission Resolution #4075
Conditions of Approval
Planning Commission Resolution #4075
General Plan Amendment #21-02
Site Utilization Plan Revision #12 to Planned Development (P-D) #8
1. The proposed General Plan Amendment and Site Utilization Plan Revision shall be as shown on the Proposed Land Use Map at Attachment D of Planning Commission Staff Report #21-665.
2. The proposed project shall be constructed/designed in substantial compliance with the Site Plan (Attachment E of Planning Commission Staff Report #21- 665) and the floor plans and building elevations (Attachments G and H of Planning Commission Staff Report #21- 665), and Landscape Plan (Attachment I of Planning Commission Staff Report #21-665 ) except as modified by the conditions. The project shall comply with the Design Standards set forth in Finding K on Exhibit B of this Resolution.
3. The proposed project shall comply with all standard Municipal Code and Subdivision Map Act requirements as applied by the City Engineering Department.
4. All other applicable codes, ordinances, policies, etc. adopted by the City of Merced shall apply.
5. Approval of the General Plan Amendment and Zone Change is subject to the property owner entering into a written Legislative Action Agreement that they agree to all the conditions and shall pay all City and school district fees, taxes, and/or assessments, in effect on the date of any subsequent subdivision and/or permit approval, any increase in those fees, taxes, or assessments, and any new fees, taxes, or assessments, which are in effect at the time the building permits are issued, which may include public facilities impact fees, a regional traffic impact fee, Mello-Roos taxes—whether for infrastructure, services, or any other activity or project authorized by the Mello-Roos law, etc. Payment shall be made for each phase at the time of building permit issuance for such phase unless an Ordinance or other requirement of the City requires payment of such fees, taxes, and or assessments at an earlier or subsequent time. Said agreement to be approved by the City Council prior to the adoption of the ordinance, resolution, or minute action.
6. The developer/applicant shall indemnify, protect, defend (with counsel selected by the City), and hold harmless the City, and any agency or ATTACHMENT 8
EXHIBIT A
of Planning Commission Resolution #4075
instrumentality thereof, and any officers, officials, employees, or agents thereof, from any and all claims, actions, suits, proceedings, or judgments against the City, or any agency or instrumentality thereof, and any officers, officials, employees, or agents thereof to attack, set aside, void, or annul, an approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board, or legi slative body, including actions approved by the voters of the City, concerning the project and the approvals granted herein.
Furthermore, developer/applicant shall indemnify, protect, defend, and hold harmless the City, or any agency or instrumentality thereof, against any and all claims, actions, suits, proceedings, or judgments against any governmental entity in which developer/applicant’s project is subject to that other governmental entity’s approval and a condition of such approval is that the City in demnify and defend (with counsel selected by the City) such governmental entity. City shall promptly notify the developer/applicant of any claim, action, suits, or proceeding. Developer/applicant shall be responsible to immediately prefund the litigation cost of the City including, but not limited to, City’s attorney’s fees and costs. If any claim, action, suits, or proceeding is filed challenging this approval, the developer/applicant shall be required to execute a separate and formal defense, indemnifi cation, and deposit agreement that meets the approval of the City Attorney and to provide all required deposits to fully fund the City’s defense immediately but in no event later than five (5) days from that date of a demand to do so from City.
In addition, the developer/applicant shall be required to satisfy any monetary obligations imposed on City by any order or judgment.
7. The developer/owner is required to finance the annual operating costs for police and fire services as well as storm drainage, public landscaping, street trees, streetlights, parks and open space, which may include a financing mechanism such as a Community Facilities District (CFD) or, assessment district. Procedures for financing these services and on- going maintenance shall be initiated before final map approval or issuance of a certificate of occupancy for any building, whichever comes first. Developer/Owner shall submit a request agreeing to such a procedure, waiving right to protest and post deposit as determined by the City Engineer to be sufficient to cover procedure costs and maintenance costs expected prior to first assessments being received.
8. The developer/applicant shall construct and operate t he project in strict compliance with the approvals granted herein, City standards, laws, and ordinances, and in compliance with all State and Federal laws, regulations,
EXHIBIT A
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and standards. In the event of a conflict between City laws and standards and a State or Federal law, regulation, or standard, the stricter or higher standard shall control.
9. All public improvements shall be installed along the project frontages to meet City Standards. Any existing improvements that have been damaged or otherwise do not meet current City Standards shall be repaired or replaced to meet City Standards. This includes, but is not limited to , sidewalk curb, gutter, street trees, and streetlights.
10. Street trees shall be planted along the project frontage on Loughborough Drive and Meadows Avenue in compliance with City Standards.
11. The project shall comply with Post Construction Standards in accordance with the requirement for the City’s Phase II MS- 4 Permit (Municipal Separate Storm Sewer System).
12. All storm water shall be retained onsite and metered out to the City’s storm water system in accordance with City Standards, subject to a storm drain plan approved by the City Engineer.
13. If the any part of the project is gated in the future, all gates at the entrances/exits shall be set back a minimum of 20 feet from the roadway to allow stacking room for at least two vehicles. The gates shall be provided with a “click-to-enter” access and controls shall be provided to the City of Merced Police, Fire, and Public Works Departments. The device used shall be approved by the City prior to installation.
14. A minimum turning radius of 33 feet inside, curb-to-curb and 49 feet wall-to- wall for fire apparatus access must be provided throughout the project site or as required by the Fire Department.
15. If solar panels are placed on the roof of the buildings, they shall be placed in such a way as not to inhibit Fire Department access with their aerial apparatus.
16. Bicycle parking shall meet the minimum requirements of the California Green Building Code and Merced Municipal Code Section 20.38.080.
17. A maximum of 25 percent of the required parking spaces may be compact spaces. Compact parking spaces shall have a minimum width of 8 feet and a minimum depth of 16 feet as allowed per the Design Standards set forth in Finding K on Exhibit B of this Resolution.
EXHIBIT A
of Planning Commission Resolution #4075
18. In accordance with Zoning Ordinance Section 20.38.060 (E) and Finding G on Exhibit B of this Resolution, this project is granted a 5% reduction in the number of required parking spaces. Addi tionally, as allowed by Zoning Ordinance Section 20.20.020 – Planned Development (P-D) Zoning Districts, deviations from development standards may be allowed. Per the Development Standards adopted with Site Utilization Plan Revision #12 to P- D #8, provide d at Finding K of Exhibit B of this Resolution, an additional reduction of up to 6% in the required parking spaces is be allowed.
19. Prior to any demolition work, the applicant shall obtain all necessary approvals from the San Joaquin Valley Air Pollution Control District and a demolition permit from the City of Merced Inspection Services Division if required.
20. All construction activity shall be conducted between the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday.
21. The developer shall use proper dust control procedures during site development in accordance with San Joaquin Valley Air Pollution Control District rules.
22. All landscaping shall be in compliance with the City’s Water Efficient Landscaping and Irrigation Ordinance (Merced Municipal Code Sec tion
17.60) and all state-mandated conservation and drought restrictions as well as the City’s Zoning Ordinance Sections 20.36 – Landscaping and Section
20.46.030 (C) - Landscaping.
23. Irrigation for all onsite landscaping shall be provided by a low-volume system in accordance with the State’s Emergency Regulation for Statewide Urban Water Conservation or any other state or city- mandated water regulations dealing with the current drought conditions.
24. All landscaping in the public right-of-way shall comply with the most recently adopted water regulations by the State and City addressing water conservation measures. If turf is proposed to be installed in medians or park strips, high quality artificial turf (approved by the City Engineer and Developme nt Services Director) shall be installed.
25. Parking lot trees shall be installed per the City’s Parking Lot Landscape Standards. Trees shall be a minimum of 15- gallons and be of a type that provides a 30-foot minimum canopy at maturity (trees shall be selec ted from the City’s approved tree list). Trees shall be installed at a ratio of 1 tree for
EXHIBIT A
of Planning Commission Resolution #4075
every 6 parking spaces. No trees shall be required where there are carports with solar panels over the parking spaces. However, if all the parking spaces are covered by a carport with solar panels, then additional trees will be required in other portions of the site.
26. All walking paths, bicycle and vehicle parking areas, and recreational areas shall be provided with sufficient lighting to ensure a safe environment.
27. All parking lot and other exterior lighting shall be oriented in such a way so that it does not spillover onto adjacent properties.
28. All mechanical equipment shall be screened from public view as required by the Development Standards at Finding K of Exhibit B of this resolution.
Details of the screen shall be worked out with Planning Staff at the building permit stage.
29. Containers for refuse and recycled goods shall be stored in enclosures that are designed with colors compatible with the buildings and sha ll be constructed to meet City Standards. At the Building Permit stage, the developer shall work with the City’s Refuse Department to determine the best location for these enclosures to ensure proper access is provided for City Refuse Trucks.
All enclosures shall be fully enclosed, including from the top. A refuse container with a lid and locking device may be used within the enclosure rather than constructing a roof on the enclosure structure. All designs shall comply with City Standards and is subject to approval by the City Engineer and Refuse Department.
30. All signs shall comply with the requirements of the North Merced Sign Ordinance and Merced Municipal Code (MMC) Section 17.36.572 – Apartments or Condominiums. No free -standing A -Frame or sandwich board-type signs shall be allowed. All other moveable temporary signs are prohibited as well. Temporary banners may be installed on a building wall in compliance with the City’s Sign Ordinance and after obtaining a Temporary Banner Permit from the Planning Department. A building permit shall be obtained for all permanent signs.
31. The project shall comply with the Residential Design Standards for Multi - family dwellings as spelled out in Merced Municipal Code (MMC) Section
20.46.030 and 20.46.040, unless otherwise modified by the design standards adopted by Site Utilization Plan Revision #12 to P -D # 8 as described in Finding K of Exhibit B of this resolution.
EXHIBIT A
of Planning Commission Resolution #4075
32. The project shall be designed with a variety of colors and/or textures on the exterior elevations.
33. The exterior of the buildings and site shall be regularly maintained and kept in an aesthetically pleasing manner. Any graffiti on the site shall be removed within 5 days as required by Merced Municipal Code (MMC) Section
8.36.060. Failure to remove graffiti within this time may result in removal by the City in accordance with MMC Section 8.36.070