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Agenda - 2/7/2023 (31)

Santa Maria City Council
February 7, 2023

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Agenda - 2/7/2023 (31)
Meeting
February 7, 2023
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Santa Maria City Council
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44
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FOR COUNCIL MEETING OF FEBRUARY 7, 2023

COUNCIL AGENDA REPORT
TO: City Council
FROM: City Manager
Prepared by: Director of Community Development
SUBJECT: GENERAL PLAN LAND USE MAP AMENDMENT AND ZONE CHANGE FOR BETTERAVIA PLAZA (GPZ2021-0002) AND PLANNED
DEVELOPMENT PERMITS FOR BETTERAVIA PLACE 1 & 2 (PD2021- 0006 & PD2022-0011) AT THE CORNER OF SOUTH BLOSSER ROAD

AND DAN BLOUGH DRIVE
RECOMMENDATION:

That the City Council accept the recommendation of the Planning Commission and take the following actions:

1. Adopt a Resolution approving an Addendum to the Betteravia Plaza Final Environmental Impact Report for the General Plan Land Use Map Amendment, Zone Change for Betteravia Plaza, and Planned Development Permits for Betteravia Place Apartments located at Lots 1 through 4 of Tract 6008 (APNs 117-990-001 through 117-990-004; inclusive), and at the addresses of 2050 and 2100 South Blosser Road (APNs 117-330-084 and 117-330-100 respectively); and

2. Adopt a Resolution amending the General Plan Land Use Policy Map designation of

16.84 -net acres FROM CC (Community Commercial) and LI (Light Industry) TO HDR (High Density Residential) and CC (Community Commercial); and

3. Introduce for the first reading and continue to a future meeting for second reading and adoption, an Ordinance amending the Official Zoning Map for 16.84 -net acres located at Lots 1 and 4 of Tract 6008, (APNs 117-990-001 and 117-990-004, respectively), and at the addresses of 2050 and 2051 South Blosser Road (APNs 117-330-084 and 117-330-100, respectively), FROM PD/C-2 (Planned Development/General Commercial) and PD/M-1 (Planned Development/Light Industrial) TO PD/R-3 (Planned Development/High Density Residential) and PD/C-2 (Planned Development/General Commercial) zoning district; and

4. Adopt a Resolution approving the Betteravia Place 1 Planned Development Permit (PD2021-0006) located at Lots 3 and 4 of Tract 6008; and

5. Adopt a Resolution approving the Betteravia Place 2 Planned Development Permit (PD2022-0011) located at Lots 1 and 2 of Tract 6008.

BACKGROUND:

The project site consists of six parcels located on West Betteravia Road, approximately 750 feet east of the intersection of Betteravia Road and Blosser Road (Attachment A — Vicinity Map). The surrounding land uses include the Santa Maria Police Station,

residential neighborhoods, and Jimenez Elementary School across Carmen Lane to the north, and various industrial uses to the east across the Santa Maria Valley Railroad tracks and to the south across Betteravia Road. Avante Apartments was recently approved by the Planning Commission and is located to the west, across Blosser Road at the Carmen Lane intersection.

The adjacent properties to the southwest of the Betteravia Plaza site are built out with existing office buildings, parking lots, and mature landscaping for Community Health Centers of the Central Coast (CHC) administrative offices and a former regional headquarters for Mechanics Bank. These properties are being incorporated into this project scope for rezoning to align the zoning with the current office uses.

History of Betteravia Plaza Site
The 57 -acre Betteravia Plaza project site was originally zoned PD/M-1 (Planned Development/Light Manufacturing) and was intended for industrial uses. On February 2, 2016, the City Council adopted a General Plan Amendment and Zone Change, Development Agreement, and Final Environmental Impact Report (FEIR) to allow for future commercial, office, high -density residential, and open space uses. A Planned Development Permit with a conceptual layout for future development on the site was subsequently approved by the Planning Commission on February 3, 2016. The Planning Commission also approved a Tentative Tract Map (Betteravia Plaza, Tract 6008) in 2018 to subdivide the site into 22 lots. The entire Betteravia Plaza Tract site is graded and the public roads and accompanying infrastructure are currently under construction.

Planning Commission Review
The project was reviewed by the Planning Commission at a study session on November 17, 2022, and at a public hearing on December 7, 2022, where it was recommended on a 3-0-0-1 vote (Commissioner Hernandez — absent; Commissioner Lopez — abstained) for approval to the City Council.

DISCUSSION:

The applicants, MBK Rental Living, Bradley Land Company, and CHC are requesting a General Plan Amendment and Zone Change and Planned Development Permits to rezone two lots within the Betteravia Plaza, Tract 6008 (Lot 1, APN 117-990-001; and Lot 4, APN 117-990-004), from General Commercial to High -Density Residential, and two adjacent lots to the southwest (CHC and Bradley Land Company properties, 2050 South Blosser Road, APN 117-330-084; and 2100 South Blosser Road, APN 117-330-100) from Light Manufacturing to General Commercial. MBK Rental Living is also requesting approval of two Planned Development Permits to allow for the construction of 443 market - rate residential apartment units on Lots 1 through 4 of Tract 6008 (Attachments B and C — Plan Set).

Unrelated to the residential proposal by MBK Rental Living, but requested concurrently, CHC and Bradley Land Company are requesting the proposed commercial zoning to bring the official land use designation and zone district into conformance with the existing land uses (e.g., Community Health Center administrative offices). As the CHC facilities are fully built out, no development is proposed at this time. Any future development would be subject to a separate Planned Development Permit process. 2 General Plan Amendment/Rezone
The proposed project includes a General Plan Land Use and Zoning Map Amendment that would change the land use and zoning designations on the site as follows:

A. General Plan land use map amendment FROM Community Commercial (CC) and Light Industrial (LI) TO 5.68 net acres High -Density Residential (HDR-22) and 11.16 net acres Community Commercial (CC); and
B. Zoning map amendment FROM PD/C-2 (Planned Development/General Commercial) and PD/M-1 (Planned Development/Light Manufacturing) TO 5.68 net acres PD/R-3 (Planned Development/High-Density Residential) and 11.16 net acres PD/C-2 (Planned Development/General Commercial).

The applicants are applying for a General Plan amendment and rezone of the property to accommodate the proposed residential project on Lots 1 through 4 of the Betteravia Plaza Tract and to bring the land use and zoning designations into conformance with the existing CHC office/medical service uses. Rezoning the northern parcels to PD/R-3 will allow MBK Rental Living to construct the 443 market -rate rental apartment project on the northern 25.51 gross acres of the Betteravia Plaza Tract. The 11.16 net acre remainder parcels would be rezoned to PD/C-2, which is consistent with the PD/C-2 use immediately south (fast-food restaurant) and east of the project site. The CHC administrative offices use, and proposed rezone, would not create legal non -conformity.

Staff supports the rezoning of the site to PD/R-3 and PD/C-2. The addition of 443 homes in the rezoned PD/R-3 district would assist in meeting housing needs objectives. The rezone to PD/C-2 for the remainder parcel allows for a greater number of allowable uses that would meet current market demands. Uses for a General Commercial district range from convenience commercial uses to a range of neighborhood -serving uses such as medical offices or clinics, pharmacies, or grocery stores; conditional uses may include child day care centers and veterinary clinics, which could potentially create neighborhood amenities and benefit the surrounding residential community, as well as match the surrounding character of other C-2 and CPO uses in the vicinity.

Planned Development Permits (Betteravia Place 1 and 2)
Betteravia Place 1 includes 340 market -rate apartments and is located on Lots 3 and 4 of Betteravia Plaza Tract 6008 (west of Western Avenue, north of Dan Blough Drive; APNs 117-990-003 and 117-990-004, respectively). Three building types are proposed as follows: two-story carriage -house style duplexes, three-story 10-plex, and 20-plex walk-up apartment buildings. A 6,913 -square -foot community clubhouse with associated leasing offices and resident amenities are also proposed. An existing multi -use trail borders the eastern perimeter of the property next to the Santa Maria Valley Railroad right-of-way, and additional multi -use trails are planned as part of the Betteravia Plaza Tract Map 6008 improvements along the northern and western perimeters for a complete and interconnected trail system.

Betteravia Place 2 includes 103 market -rate for -rent townhomes and is located on Lots 1 and 2 of Betteravia Plaza Tract 6008 (east of Western Avenue, north of Dan Blough Drive; APNs 117-990-001 and 117-990-002). The townhome units are generally larger than those proposed for Betteravia Place 1 and are mostly comprised of two -bedroom through 3 four -bedroom units. Similar amenities to Betteravia Place 1 are proposed with this second phase, although the housing units are placed closer together, and have more private open space areas than shared amenities.

Architecture and Building Heights
The buildings are designed with a mission architectural style. Each of the apartments for both phases are designed with a rectangular floor plan with high ceilings, adjoining to a private patio or balcony. Terracotta -tiled roofs, and the exterior stucco palette of neutral colors of off-white and shades of sable brown are appropriate for the architectural style and compliments the color palette of surrounding residential uses. Betteravia Place 2 proposes two-story buildings at a maximum building height of 27 feet, which is below the underlying R-3 zoning height limit of 35 feet. Betteravia Place 1 proposes a mix of taller buildings for the walk-up apartments at 40 feet tall.

Parking and Landscaping
The projects meet or exceed the Municipal Code requirements for parking and landscaping. For Betteravia Place 1, 356 single -car garages and 324 uncovered parking stalls, for a total of 680 parking spaces, are provided. Betteravia Place 2 is designed so that each housing unit has its own private two -car garage, along with 34 additional uncovered spaces for a total of 240 spaces provided. Vehicular access would be provided through three driveway entrances for each project. Plans for Betteravia Place 1 and 2 show landscaping that exceeds the minimum 20 percent requirement in the Santa Maria Municipal Code. Both projects include additional landscaped open areas throughout the development.

Requested Modifications
The applicant has requested two modifications to City standards through the Planned Development Permit process for Betteravia Place 1. The first request is a height increase of five feet above the 35 -foot maximum, which would allow for nine -foot -tall apartment ceilings, variations in the roof line and screening for rooftop mechanical equipment. The second request is to allow for a 10 percent reduction in the required open space. The Planning Commission reviewed the requests, and recommended City Council approve both projects with the requested modifications.

Environmental Procedures
An Addendum to the Final Environmental Impact Report (EIR) prepared for the Betteravia Plaza project was completed in accordance with Section 15164 of the CEQA Guidelines.

Specifically, there are no substantial changes which have occurred in respect to the circumstances under which the modified Betteravia Plaza project will be undertaken.

There is no new information regarding potential significant effects that have come to light in the review of the proposed Betteravia Plaza project, including the topics of Energy, Wildfire, and the use of Vehicle Miles Traveled, which were not analyzed in the 2015 EIR.

The modified Betteravia Plaza project does not involve any new significant environmental effects not otherwise addressed in the previously adopted EIR and mitigation monitoring program for the original Betteravia Plaza project. Therefore, no further environmental review is required.
4 Fiscal Considerations
There are no significant fiscal impacts expected to result from the land use change. The loss of the parcels for industrial land could have impacts on industrial job growth; however, other industrial land in the City is still available for development. Future development of the parcels could provide opportunity for a future sales tax generating use. With the wider range of uses allowed by the General Commercial zoning district, more commercial options are available should the parcels be redeveloped.

The construction of the new residences will be required to pay impact fees that will go towards providing services, such as fire and police and maintaining public facilities.

Impact to the Community
The proposed project would provide additional housing stock in Santa Maria, and the land use change will bring the land use and zoning designations into conformance with the existing CHC office/medical service uses.

Alternative
The City Council, through written findings, may determine that the proposed high density residential and commercial land uses proposed are not consistent with the goals, objectives, policies, and programs of the General Plan, and deny the project. Any future development of the 16.84 -acre site project site would require Planned Development Permit application(s) for proposed commercial or industrial use and development, consistent with the current General Plan and zoning standards. (:47,r 1 a.Q4 vtt

CAROL ZCESENHENNE
Senior Planner
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ATTACHMENT B

EXISTING AND PROPOSED LAND USE MAP
GPZ2021-0002

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ATTACHMENT C

EXISTING AND PROPOSED ZONING MAP
GPZ2021-0002

RESOLUTION NO. 2816

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

SANTA MARIA, CALIFORNIA, RECOMMENDING THE CITY COUNCIL

ADOPT AN ADDENDUM TO THE BETTERAVIA PLAZA FINAL

ENVIRONMENTAL IMPACT REPORT FOR THE GENERAL PLAN

LAND USE MAP AMENDMENT, ZONE CHANGE FOR BETTERAVIA

PLAZA AND PLANNED DEVELOPMENT PERMITS FOR BETTERAVIA
PLACE APARTMENTS, LOCATED AT LOTS 1 AND 4 OF TRACT 6008,

CORNER OF SOUTH BLOSSER ROAD AND DAN BLOUGH DRIVE,
2050 SOUTH BLOSSER ROAD, AND 2100 SOUTH BLOSSER ROAD
WHEREAS, the applicants, MBK Rental Living, Bradley Land Company, and Community Health Centers of the Central Coast, initiated a General Plan Land Use amendment and zone change (GPZ2021-0002) to amend the General Plan Land Use Map and Zoning Map on 16.84 -acres of property at Lots 1 and 4 of Tract 6008, Corner of South Blosser Road and Dan Blough Drive; 2050 South Blosser Road; and 2100 South Blosser Road (APNS 117-990-001, 117-990-004, 117-330-084, 117-330-100); and two Planned Development Permits (PD2021-0006 and PD2022-0011) on Lots 1 through 4 of Tract 6008, to allow for the construction of 443 residential apartment units, herein referred to as the Project; and
WHEREAS, the provisions of the California Environmental Quality Act of 1970 (CEQA), Public Resources Code Sections 21000 et. seq., as amended, require the evaluation of environmental impacts of said projects; and WHEREAS, the City of Santa Maria as the Lead Agency adopted a Final Environmental Impact report for the General Plan Amendment, Land Use and Zone Change and Development Agreement with a master conceptual Planned Development Permit (GPZ2014-0002, PD2015-0006, DA2015-0001 recorded as Instrument No. 2016- 0031428 on file with the County of Santa Barbara Clerk Recorder's office) for the Betteravia Plaza mixed -use project for up to 285,400 -square -feet of retail commercial development, up to 60,400 -square -feet of office development, and up to 272 high density residential units on January 19, 2016; and
WHEREAS, an Addendum to the Betteravia Plaza Final Environmental Impact Report was prepared for said Project; and
WHEREAS, the Planning Commission of the City of Santa Maria held a regularly scheduled public hearing on December 7, 2022, for the purpose of receiving evidence and considering the Addendum to the Final Environmental Impact Report, incorporated herein by reference for the Project; and
WHEREAS, notices of said public hearing were made at the time and in the manner required by law; and
1 ATTACHMENT D

PASSED AND ADOPTED at a regular meeting of the Planning Commission of the City of Santa Maria held December 7, 2022, by the following roll call vote:

AYES Commissioners Tim Seifert, Esau Blanco, Tom Lopez and Chair Robert Dickerson
NOES: None
ABSENT: None
ABSTAINED: None

ROBERT DICKERSON, CHAIR
Planning Commission
ATTEST:

DANA EADY, ASSISTANT SECRETARY
Planning Commission
3 RESOLUTION NO. 2817

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

SANTA MARIA, CALIFORNIA, RECOMMENDING TO THE CITY

COUNCIL APPROVAL OF AN AMENDMENT TO THE GENERAL PLAN

LAND USE POLICY MAP AND ZONING MAP FOR APPROXIMATELY

16.84 -NET ACRES LOCATED AT LOTS 1 AND 4 OF TRACT 6008,

CORNER OF SOUTH BLOSSER ROAD AND DAN BLOUGH DRIVE,
2050 SOUTH BLOSSER ROAD, AND 2100 SOUTH BLOSSER ROAD
WHEREAS, the applicant, MBK Rental Living, Bradley Land Company, and Community Health Centers of the Central Coast, initiated a General Plan Land Use amendment and zone change (GPZ2021-0002) to amend the General Plan Land Use Map and Zoning Map FROM CC (Community Commercial) and LI (Light Industry) TO HDR (High Density Residential) and CC, and corresponding zoning FROM PD/C-2 (Planned Development/General Commercial) and PD/M-1 (Planned Development/Light Industrial) TO PD/R-3 (Planned Development/High Density Residential) and PD/C-2 on

16.84 acres of property at Lots 1 and 4 of Tract 6008, corner of South Blosser Road and Dan Blough Drive, 2050 South Blosser Road, and 2100 South Blosser Road, herein referred to as the Project; and
WHEREAS, the Planning Commission of the City of Santa Maria held a regularly scheduled public hearing on December 7, 2022, for the purpose of considering amendments to the Land Use Policy Map and Zoning Map of the City's General Plan; and WHEREAS, notices of said public hearing were made at the time and in the manner required by law; and
WHEREAS, the Planning Commission recommended the City Council authorize the filing of an Addendum to the Betteravia Plaza Final Environmental Impact Report on December 7, 2022 in accordance with the California Environmental Quality Act of 1970 (CEQA), Public Resources Code Section 21000 et. seq., as amended; and WHEREAS, at the public hearing, the Planning Commission heard and considered all evidence, including evidence presented in the staff report and all written and oral testimony; and
WHEREAS, the proposed project is consistent with applicable goals and policies of the General Plan. The proposed Residential Project will benefit the City by providing for: 1) the provision of a variety of home sites, housing types. and lifestyles; 2) the promotion of neighborhood integrity; and 3) the protection of individual property values by encouraging compatible uses and proper standards for design and development (OBJECTIVE L.U.1a). The Project will help the City to assure that adequate housing is provided for all economic segments of the population through a diversity of housing types, sizes, and density (POLICY L.U.9), and will provide a balance of areas for all housing types and sizes which are compatible with the surrounding land uses (OBJECTIVE L.U.9d). The proposed Commercial land use designations will benefit the City by providing for: areas in which business may be conducted, merchandise sold and

ATTACHMENT E

distributed, and public and private services rendered in an efficient, convenient and effective environment with minimal impacts to adjacent land uses (OBJECTIVE L.U.1 b).

The Project will further the goal of encouraging new employment generating clean and low water demand industry and commercial uses to locate in Santa Maria and activities of this type presently located in the city will be encouraged to remain (GOAL L.U.4); and WHEREAS, the proposed project would not significantly disrupt any of the various land uses in the vicinity because the Project will establish a residential and commercial mixed -use area compatible with the same residential and commercial intensity and land use pattern in the area, which is consistent with POLICY L.U.6a, to resolve conflicts between existing and proposed land uses, particularly residential and industrial uses, and prevent such conflicts in the future; and
WHEREAS, the proposed Land Use Classification and Zone District Designation change is afforded the appropriate services and facilities in that all infrastructure is currently available to serve the project site because the project vicinity has been previously developed with infrastructure to accommodate commercial and residential projects of a similar size. If deficiencies in services and facilities are identified during the review of future proposed Planned Developments, infrastructure improvements to accommodate the proposals shall be required. The Project will be consistent with OBJECTIVE L.U.2g as the conditions applied to the project will assure that development "pays its own way" by minimizing publicly financed and maintained facilities, that development will be phased with construction and provision of supporting infrastructure and applicable development fees and enrollment into applicable maintenance districts occurs so that adequate community facilities are provided as development occurs.

NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Santa Maria, that:

Section 1. The above recitals are true and correct and incorporated herein by reference.

Section 2. The Planning Commission recommends to the City Council that the City Council amend the General Plan (Land Use
Policy Map) and the Zoning map of the City of Santa Maria as shown as Exhibit C enclosed in the Planning Commission staff report dated December 7, 2022, incorporated by reference.

Section 3. The records of these proceedings are located in the Planning Division of the City of Santa Maria, 110 South Pine Street #101, Santa Maria, California 93458.

Section 4. The Assistant Secretary of the Planning Commission is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance to the intent of this document is maintained. In doing so, the Assistant Secretary of the Planning Commission shall consult with the City Manager and the City Attorney conceming any changes deemed necessary.

PASSED AND ADOPTED at a regular meeting of the Planning Commission of the City of Santa Maria held December 7, 2022, by the following roll call vote:

AYES: Commissioners Tim Seifert, Esau Blanco and
Chair Robert Dickerson
NOES: None
ABSENT: None
ABSTAINED: Commissioner Tom Lopez

ROBERT DICKERSON, CHAIR
Planning Commission
ATTEST:
,v

DANA EADY, ASSISTANT SECRETARY
Planning Commission

Revised Betteravia Plaza General Plan
Amendment and Rezone Project
Addendum to the 2015 Final Environmental Impact
Report for the Betteravia Plaza Project (GPZ-2014-0002) SCH #2015011029
prepared by
City of Santa Maria
110 South Pine Street #101
Santa Maria, California 93458
Contact: Carol Ziesenhenne
prepared with the assistance of
Rincon Consultants
1530 Monterey Street, Suite D
San Luis Obispo, California 93401
November 2022
RINCON CONSULTANTS, INC.

Environmental Scientists 1 Planners 1 Engineers
rinconconsultants.com

ATTACHMENT F

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SITE PLAN
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CITY OF SANTA MARIA

PLANNED DEVELOPMENT PERMIT
PLANNING DIVISION 0 110 SOUTH PINE STREET ROOM 101 0 SANTA MARIA. CA 93458 0 805.925.0951 X 2244 PERMIT NO. PD2021 - 0006
APPROVAL DATE February 7, 2023
PROJECT NAME Betteravia Place I
APPLICANT/OWNER MBK Rental Living, Inc.

ADDRESS/LOCATION Northeast corner of Walker Lane and Dan Blough Drive DESCRIPTION Review of a Planned Development Permit (PD2021-0006) for MBK Rental Living to construct 340 apartment units in 34 two-story and three-story buildings, a community center, landscaping, parking, and resident amenities on a 15.55 -gross acre site in a PD/R-3 (Planned Development/High Density Residential) district.

FINDINGS
The City Council hereby approves the following project in accordance with the application submitted and hereby makes the required findings in accordance with Section 12-35.203 of the Municipal Code, including the following:

A. That the project meets the vision, intent, and requirements of the General Plan.

The project would be consistent with the purpose of the High Density Residential (HDR) land use designation on the site, which is meant to provide an urban residential environment close to shopping facilities and existing activity centers, because the project would provide apartments adjacent to existing/proposed commercial development and park space.

B. That the site for the proposed use is adequate in size and topography to accommodate the use, and all yards, spaces, walls and fences, parking, loading and landscaping are adequate to properly adapt such use with the land and uses in the vicinity because. with the exception of the requested modification to building height requirements and open space discussed below, the project is designed to comply with the City of Santa Maria Municipal Code standards for the PD/R-3 zone, including but not limited to parking, loading. landscaping, setbacks. and vehicular access. The site is adequately sized to accommodate the proposed residential use, and the construction of the multi -family residential development would adapt with the land and uses in the vicinity which includes a similar land use pattern of medium and high -density residential development C. That the site for the proposed use relates to streets and highways adequate in ATTACHMENT ;

width and pavement type to carry the quantity and kind of traffic generated by the proposed use because the proposed construction of project, with traffic mitigation measures, would not lead to inadequate street and highway conditions. A Traffic and Circulation Study was prepared by Associated Transportation Engineers (ATE) for the 2015 Betteravia Plaza Final Environmental Impact Report (EIR). The City of Santa Maria General Plan Circulation Element states that a Level of Service (LOS) D or better is acceptable for roadway and intersection operations. The traffic study determined that the existing area intersections operate within acceptable LOS ranges with intersection improvements (traffic signals) at the intersections identified in Mitigation Measure T-1 of the EIR. The City's Public Works Department reviewed this study and determined that no further analysis to traffic LOS and site circulation is required because the number of cumulative trips with the project are projected to be reduced and would not change the previously analyzed LOS at the area intersections. The Mitigation Measure T-1 has been incorporated into this permit as a condition of approval, improvements to be completed prior occupancy clearance for the project.

The project is exempt from Vehicle Miles Traveled (VMT) analysis per the City of Santa Maria Environmental Procedures. Specifically, the project site is located within a Transportation Analysis Zone (TAZ) where the Countywide Average Home -Based VMT per Capita (Appendix B of Environmental Procedures) are expected to generate VMT at 85 percent or less of the baseline average rate. Any of these TAZ areas are presumed to have a less than significant VMT impact and are exempt from further review.

D. That the proposed use will have no adverse effect upon abutting property as the construction of the multi -family residential development and the establishment of the residential use would be self -sustained by providing adequate on -site parking and amenities in an area of the City that has established residential development of a similar density and scale.

E. That the establishment, maintenance and/or conducting of the use for which the planned development review is sought will not, under the circumstances of the particular case, be detrimental to the health, safety, morals, or welfare of persons residing or working in the neighborhood of such use and will not, under the circumstances of the particular case, be detrimental to the public welfare, injurious to property or improvements in the neighborhood; nor shall the use be inconsistent with the character of the neighborhood or contrary to its orderly development because the construction of the residential project and the establishment of such use would adapt with the land and uses in the vicinity. The project would provide adequate space for setbacks, parking, and landscaping to ensure no nuisances would be created by the establishment of the project. The conditions of approval and development standards required for this project address alleviate any potentially adverse impacts that could result from the proposed use. Therefore, the project would be compatible with the adjoining land uses and would not be more obnoxious or detrimental to the health of the public than any of the uses established at the project area, or any of the uses listed in the PD/R-3 section of the Municipal Code.

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F. That the conditions stated in the decision are necessary to protect the public health, safety, and general welfare.

G. The proposed height and open space modifications are otherwise consistent with the General Plan, and Municipal Code because the modification to exceed the R- 3 district 35 -foot building height maximum by five -feet would allow for changes in roof planes and variation in roof lines which provides architectural interest and reduces the perceived bulk of the building, which is consistent with Objective L.U.9c to encourage creative site design in new residential developments and encourage the development of a unique identity for each neighborhood. Further the height increase allows for full screening of rooftop mechanical equipment, consistent with Municipal Code performance standards. A reduction in the open space requirement of 250 -square -feet per unit to 224 -square -feet per unit allows for a variety of unit sizes to be constructed at maximum density while also providing several high -quality open space areas for passive and active resident use, consistent with objective L.U.1a.

H. The project includes superior design elements that mitigate or compensate for any potential impact of the proposed modification(s) on the surrounding area: the modification to exceed the R-3 district 35 -foot maximum building height by five - feet would allow for changes in roof planes and variation in roof lines which provides architectural interest and reduces the perceived bulk of the building. A reduction in the open space requirement of 250 -square -feet per unit to 224 -square - feet per unit allows for a variety of unit sizes to be constructed at maximum density while also providing several high -quality shared open space areas for passive and active resident use, including playgrounds, sports courts, plazas, and seating with pedestrian amenities such as trellises, lighting, shade trees, and decorative pedestrian crossings. Each unit is provided with its own private balcony.

The proposed modification(s) are essential to the design of the project; The modification to exceed the 35 -foot maximum building height allows the project to adequately screen rooftop equipment and provide roof line variations to break up the building massing and provide architectural interest. The reduction in the open space requirement of 250 -square -feet per unit to 224 -square -feet per unit allows for a variety of unit sizes to be constructed at the density allowed by the General Plan.

J. The proposed modification(s) have been minimized to the maximum extent possible consistent with Subsections (a) through (c) of Section 12-35.203 of the Municipal Code. The project is consistent with all other applicable development standards in the Municipal Code.

K. That the environmental impacts of the project are adequately reviewed in the Addendum to the Betteravia Plaza Final Environmental Impact Report (SCH# 2015011029) and there is no substantial evidence in the record that the project, as mitigated, may have a significant effect on the environment. No further environmental review is required.

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The project is approved subject to the following Conditions of Approval:

Community Development Department

1. Project Description: The permittee shall comply with the project description, plan set entitled Betteravia Place 1 consisting of 19 pages dated November 10, 2022, September 2, 2022. and August 10, 2022, and Conditions of Approval of this permit. Any changes from the project description, Plan Set, or conditions may require a permit amendment. Contact the Planning Division prior to changing anything described on the Plan Set or in the project description.

2. Mitigation Monitoring Program: The mitigation measures in the Mitigation Monitoring Program for the Betteravia Plaza Environmental Impact Report (SCH# 2015011029) are hereby incorporated and attached for reference.

3. Color and Materials: A sample of all paint colors and materials to be used on the project site shall be submitted to the Planning Division for review for consistency with City Council approval prior to issuance of building permits. Paint colors shall be provided in the form of paint chips.

4. Architectural Elements: All architectural elements such as parapet walls, tower features, and architectural features shall include architectural details on all sides to provide 360 -degree architecture and eliminate the appearance of a false facade.

5. Parking Area: 680 parking spaces are required, and 680 spaces are provided. The off-street parking area and access shall be paved and double striped in accordance with City parking standards. The parking area shall be maintained and regularly resealed and restriped. Please note that a building permit is required for restriping. The striping shall be visible at all times and the parking area shall be void of potholes and depressions.
a. The required parking or loading area shall not be used for the storage of goods or for the storage of vehicles that are inoperable or for sale or rent. b. Residential parking facilities shall be designated as assigned or unassigned and shall comply with California Building Code (CBC) Chapter 11A. Electric vehicle charging stations shall be installed per California Green Building Standards Code.

6. Construction Hours: Construction activities shall be limited to the hours of 7:00 a.m. to 6:00 p.m., Monday through Friday, and 8:00 a.m. to 5:00 p.m. on Saturdays. A note to this effect shall appear on all construction drawings. 7 Subdivision Walls: Walls are strongly discouraged. The Betteravia Plaza tract is envisioned to be an interconnected mixed -use development on a neighborhood scale. Usage of perimeter walls shall be minimized to the maximum extent practicable. Where perimeter walls are required to separate residential from commercial uses, an architecturally designed masonry wall with decorative pilasters shall be constructed. The wall shall be screened with vines. shrubs, groundcover, and screen trees. The final design of the screen wall and landscaping PD2021-0006 FEBRUARY 7, 2023
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shall be reviewed and approved by the Planning Division during the building permit review process.

8. Bike Racks/Storage: Bike racks and/or storage shall be installed at or near each building. The location, design and number shall be approved by the Planning Division during the building permit review process, with one space per five units recommended by the Bikeway Master plan.

9. Enhanced Pedestrian Crossings: Decorative pedestrian crossings shall be installed across internal drive aisles for a complete interconnected pedestrian network. The location and design shall be approved by the Planning Division during the building permit review process as approved by the City Council.

10. Trash Enclosure: Each trash receptacle shall be stored in an enclosure. The final development plan submitted for the building permit shall specify size and location of all trash collection areas and the enclosure shall be constructed in accordance with the approved plan. The location and design shall be approved by the Community Development Department and the Public Works Department. The trash enclosure shall meet City Standards as well as be designed in keeping with the architecture and style of the project.

Trash areas that are located adjacent to parking spaces shall be set back a minimum of ten feet to provide sight distance for automobiles backing out of the parking space.

11. Ongoing Site Maintenance: The entire site shall be permanently maintained free of accumulated dirt and litter and in an otherwise neat and attractive manner and adhere to the requirements of the Santa Maria Municipal Code. Any graffiti on the property shall be promptly painted out. All landscaping areas on the property shall be permanently maintained with healthy, growing plant material, free from weeds.

Dead or dying plant material shall be replaced within one month of plant deterioration.

Failure to comply with this condition is a public nuisance and is subject to the adopted Citation Ordinance of the City of Santa Maria.

12. Landscape Plan: A Landscape Plan, which includes the size and species of plants, a layout of the irrigation system incorporating time clocks and/or moisture sensors, and a maintenance and watering schedule, shall be submitted to the Community Development Department for plan checking and approval. The specific planting design of the landscape area and species of trees and plants shall be subject to approval of the Planning Division during the plan check review process. The landscape plan shall be prepared in accordance with Chapter 12-44 of the Municipal Code, Landscape Standards. The use of plant material that is easily sheered into unnatural forms shall be avoided. Backflow prevention devices shall be screened with plant material and located to maximize aesthetics.

13. Landscape and Tree Maintenance: The applicant shall develop landscape and tree maintenance standards that shall be provided to any landscape contractor hired to work on the site. The standards shall be reviewed and approved by the Planning Division prior to first occupancy. The program shall require:
a. All on -site trees be properly maintained to retain a natural shape and size PD2021-0006 FEBRUARY 7, 2023
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for the long-term health of the tree consistent with the natural growth pattern of its particular species and current ANSI A300 standards. b. Any tree topped, severely pruned, or severely thinned out, subject to the determination of the Planning Division, shall require a large -size replacement.
c. Ground cover and shrubbery shall be regularly maintained and pruned in a manner that encourages healthy growth and flower production. Shrubs shall not be severely sheered or formed into unnatural shapes.

14. Tree Planting: The project shall provide the trees depicted on the landscape plan.

The trees species selected shall be subject to Planning Staff review according to Planning Commission approval. Trees shall be a minimum of 24 -inch box size, as required by the Betteravia Plaza Development Agreement.

15. Landscape Irrigation Water Meter: A separate appropriately sized irrigation meter is required for new non-residential projects with irrigated landscape areas totaling 1,000 square feet or greater, and for new residential projects with irrigated landscape areas totaling 5,000 square feet or greater. If a sub -meter is proposed for irrigation, it shall be a privately held and maintained meter, provided by the applicant, installed after the main water meter.

16. Light Standards: All on -site lighting shall comply with the Municipal Code Performance Standards. A photometric plan is required at the building permit stage, subject to Planning Division approval. Parking lot light standards on the project site shall have a maximum overall height of 20 feet.

17. Utilities: All new public utility services, including electrical, telephone and community television antenna services, shall be placed underground in accordance with City requirements. Location of all transformer boxes and utility equipment shall be approved by the Planning Division prior to installation. All transformer boxes and utility equipment shall be underground wherever feasible. If undergrounding is not possible, the equipment should be painted to match the surroundings and placed in inconspicuous areas out of public view.

18. Mechanical Equipment: Mechanical equipment located on the roof of a building shall be completely screened. The height of the screening shall be as high, or higher, than the top of the mechanical equipment. The screening may be provided by an architecturally designed screen wall of solid material surrounding the equipment, or by the building wall parapet.

19. Wells: Abandoned oil wells shall have setbacks of 50 feet on one side with 10 feet on all other sides, measured from the well head.

20. Merger: Prior to issuance of the building permit, a property owner -initiated merger shall be filed with the Community Development Department to remove the existing lot lines on the property. The Notice of Merger shall be recorded prior to issuance of the occupancy permit.

21. Performance Standards: The requirements of the City's performance standards with respect to odor, noise, smoke, vibration, and discharge of liquid and solid waste shall be maintained.

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22. Health Department Requirements: Where applicable, detailed plans shall be submitted to the Santa Barbara County Health Department for review and approval prior to plans being submitted to the City for approval and issuance of a building permit.

23. AB 1600 Fees: AB 1600 fees apply to this project and are based on the fees in effect at the time the building permit is issued.

24. Indemnification: The applicant shall agree to indemnify, defend (with counsel reasonably approved by the City), and hold harmless the City of Santa Maria and its officers, officials, employees, and agents from and against any and all claims, demands, actions, proceedings, lawsuits, losses, damages, judgments and/or liabilities by third parties arising out of, related to, or in connection with the project application or to attack, set aside, void, or annul, in whole or in part, an approval of the project application by the City and any related environmental approvals, development approvals or project conditions. The Applicant shall reimburse the City, its agents, officers, officials, or employees, for any court costs and attorney's fees that the City, its agents, officers, officials, 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 provision.

25. Agency Requirements: The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. a. All of the suggested conditions, regulatory requirements and best practices identified in the Santa Barbara County Air Pollution Control District letter with attachments, dated November 23, 2022, incorporated herein by reference, shall be implemented as a condition of approval by this Planned Development permit.

26. Construction Documents: A copy of these conditions shall be incorporated into all construction documents.

27. Signs: Permanent and Temporary signs are subject to review for conformance with the requirements of the City Sign Code, and each type of sign is subject to individual application and permit approval.

Public Works Department

ENGINEERING CONDITIONS

28. Public Improvement Plans: PIPs shall be reviewed and approved by the City Engineer prior to building permit issuance. The PIPs shall include the following:

A. plan and profile drawings for all surface and underground improvements:
a. Traffic Signal: The developer shall be required to install a traffic signal at the intersection of Blosser Road and Sonya Lane. The signal installation shall include but not be limited to all related improvements, appurtenances, emergency vehicle preemption, and interconnection to the existing fiber optic system to coordinate with the existing signal system. The developer may be credited Traffic Mitigation Development PD2021-0006 FEBRUARY 7, 2023
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Fees for the cost of installation in accordance with Santa Maria Municipal Code Section 8-15.09. These improvements shall be installed prior to the occupancy of any buildings entitled under this permit or PD2022-0011 (Betteravia Place 2) subject to coordination with the Public Works Department.
b. Bus Turnout and Shelter: Prior to occupancy of the first building for either PD2021-0006 or PD2022-0011, the developer shall construct bus turnout consistent with City of Santa Maria Standard Details RD -26, RD - 27A, and RD -28 on Blosser Road, between Carmen Lane and Dan Blough Drive. A bus shelter shall be provided at the turnout with the following amenities:
i. Tolar 12' Sunset Shelter with Polycarbonate Flat Roof in aluminum color, without walls and accompanying Bench w/ seat delineators
ii. ADA wheelchair area marked (painted onto the ground between the gap of the bench and end of shelter)
iii. Urban Solar RMS solar lighting package
iv. Waysine LED Shelter Display
v. Papercast 13" a -paper display
vi. PV Stop Max bus stop pole lighting system
vii. Bike Loop
The Engineer shall submit four copies of the landscaping and irrigation plans to the Public Works Department for review. All public improvements shall be constructed according to City and State standards prior to issuance of certificate of occupancy. Plan check and inspection fees per City Council Resolution 2005- 101 will apply. The developer shall submit a cost estimate completed by a registered civil engineer for the proposed public improvements and make a monetary deposit with the City. The form of security shall be subject to the approval of the City Attorney.

29. Building Plans: At time of building plan submittal, the developer shall identify the following items on the site or utility plan for the subject project:

A. Location and sizes of all proposed and existing water mains, sewer mains, water meters, water service lines, backflow prevention devices, private sewer lateral connections, and storm drainage facilities in abutting streets or on the project site.

B. Location, quantity, and orientation of trash enclosures C. All parcel lines and easements crossing the project site.

D. Locations and dimensions of all existing and proposed driveways and sidewalks
E. Location of existing and proposed fire hydrants
F. Required public improvements.

G. Limits of frontage improvements
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FEES

30. Utilities Connection Fees: For all development projects already connected to the utility system, the water and wastewater fees shall be based solely on an increase in water meter size or a change in use and shall be calculated and collected prior to installation of the larger meter or making a change in use. The State Water Reimbursement Fee shall be collected concurrently with the Growth Mitigation Fee. The following fees are to be paid by the applicant and will be collected at time of request for connection at the Building Division, 110 South Pine Street, Suite 101.

A. Water Mitigation Fee: The fee is calculated based on the size of water meters (domestic. landscape, fire) serving the site. The fee shall be based upon the codes and rates in effect at the time of building permit issuance (Santa Maria Municipal Code (S.M.M.C.) Sections 8-15.01 through 8-15.15 and 8-15.19).

B. Wastewater Mitigation Fee: The fee is calculated based on the size of water meters (domestic) serving the site. The fee shall be based on the codes and rates in effect at the time of building permit issuance (S.M.M.C. Sections 8-

15.01 through 8-15.15 and 8-15.20).

C. State Water Reimbursement Fee: The fee is calculated based on the size of water meters (domestic, landscape, fire) serving the site. The fee shall be based on the codes and rates in effect at the time of building permit issuance (S.M.M.C. Section 8-10.05.01).

31. Traffic Mitigation Fee: The traffic mitigation fee shall be paid by the applicant at time of occupancy. The fee is based on the size and proposed use of the project.

The final fee calculation is based on the fee schedule in effect at the time of building permit issuance (S.M.M.C. Sections 8-15).

STREET AND FRONTAGE CONDITIONS

32. Standard Driveway: Driveways shall be installed per City Standard Drawing RD- 12A/RD-13A and have ADA compliant pedestrian access. Driveways shall have minimum throat width of 24 -four feet.

Nearest edge of driveway shall be located a minimum of five feet from any above- ground utility such as streetlights or fire hydrants, and ten feet from any street trees. A minimum 20 -foot separation between driveways is required and the aggregate width of all driveways shall not exceed fifty percent of the property's frontage along the street (S.M.M.C. Section 8-6.07).

33. City Encroachment Permit: The developer shall obtain an encroachment permit from the Public Works Engineering Division prior to any work in public streets, alleys, or easements (S.M.M.C. Section 8-6.06).

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34. Facility Easements: Prior to issuance of building permits, the developer shall provide reciprocal access and drainage easements.

35. City Dedicated Easements: If any easements are required to be dedicated or vacated, the developer shall submit legal descriptions, sketches (8.5" x 11" City Standard Format), closure calculations, current title report, and payment of processing fees. All paperwork shall be approved prior to issuance of building permits and recorded prior to occupancy.

36. Chip Seal: Developer shall be required to restore asphalt pavement surface to the pre -development condition by placing chip seal compliant with City Standards along the property frontage where trenching and utility cuts are required within City right-of-way. The chip seal shall be applied for the full width of the roadway for 50' beyond all cuts within the asphalt pavement and the roadway striping shall be restored to pre -construction layout. The developer may elect to deposit an in -lieu fee to the City Public Works Department to perform the chip seal as a part of the City's annual chip seal project.

WATER CONDITIONS

37. Privately Owned On -site Water Lines: Water lines for fire suppression shall be separated from water lines used for domestic water. Fire suppression lines shall be looped on -site with appropriate fire service backflow prevention assemblies per Standard Detail WA -27F, separating privately -owned and maintained water lines from public water lines. On -site fire hydrants and fire sprinklers shall be supplied from this looped, on -site water line.

38. Fire Hydrants: The location, placement, and sizing of on -site water lines and fire hydrants shall be approved by the City Fire Department and Public Works Department. Fire hydrants shall be supplied by a six -inches water line.

39. Water Pipe Abandonment: Any existing water services not to be used by this development shall be abandoned by the developer at the mainline per City requirements.

40. Backflow Prevention: Reduced pressure principle (RP) type backflow prevention assemblies shall be installed on all domestic water services. The devices shall be installed near the property line before any branches by a licensed plumber according to City specifications and standard drawings. The devices shall be tested by a certified backflow prevention tester with test results submitted to the City's Regulatory Compliance Specialist prior to final occupancy.

WASTEWATER CONDITIONS

41. Municipal Code: Discharge into the City's sewer system shall comply with municipal code discharge restrictions and requirements (S.M.M.C. Section 8-12).

42. New Sewer Lines: All sewer pipes crossing or parallel to public water facilities shall be constructed according to the requirements of the State Water Resources Control Board Division of Drinking Water.

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43. New Sewer Lateral: All sewer laterals shall be constructed in compliance with City Standard Drawing SS -14B. Sewer laterals shall be privately maintained infrastructure and connect to City infrastructure with a wye connection. Sewer laterals shall not tie in at a Public manhole.

STORM WATER CONDITIONS

44. Construction Storm Water Requirements (Site > 1 Acre): The developer shall obtain a Storm Water Pollution Prevention Plan (SWPPP) prepared by Qualified SWPPP Developer (QSD). The SWPPP must be reviewed and approved by the Public Works Department prior to issuance of grading and encroachment permits.

The developer shall submit the SWPPP and file a Notice of Intent (NOI) with the Central Coast Regional Water Quality Control Board. The submittal is typically handled online through the Regional Board's SMARTs website. ( https://smarts.waterooaras.ca.govismartsi) .

45. SWPPP Review Fee: The developer shall submit a hard copy and an electronic copy of the SWPPP for review and approval prior to permit issuance. A SWPPP review fee will be invoiced prior to approval.

46. Cost Estimate and Treasurer's Trust: A detailed cost estimate for the installation and maintenance of the Best Management Practices (BMPs) to be implemented as defined by the SWPPP will be generated from the City's SWPPP review. Prior to grading permit issuance, the developer shall submit a cash deposit in the amount of the approved cost estimate to be held as a Treasurers Trust. The Treasurer's Trust is intended to guarantee installation and maintenance of the required BMPs. The City will draw from this Treasurer's Trust in the event the developer/contractor does not install or maintain the required BMPs. The Treasurer's Trust shall be returned after Certificate of Occupancy is issued, minus any funds expended by the City to install/maintain the required BMPs on behalf of the developer/contractor.

47. SWPPP/Post-Construction Requirement Monitoring Encroachment Permit: Prior to issuance of grading permits, the developer shall obtain an encroachment permit from the Public Works Office to cover inspection of the approved SWPPP and installation of required Post -Construction Requirements. Permit and inspection fees will be due when the permit is issued.

FLOOD CONTROL CONDITIONS

48. Regional Basin Storm Drainage: On -site retardation is not required for this site because it is served by a regional retardation basin constructed with Acquistapace Homes, Tract 5845.

POST -CONSTRUCTION STORM WATER CONDITIONS

49. Post -Construction Storm Water: The Central Coast Regional Water Quality Control Board requires that all new projects that create or replace 2,500 square feet or more of impervious area must follow the post -construction requirements (PCRs).

The Stormwater Technical Manual and further guidance on completing an SCP are available online(http:Ii www.soprolectcleanwater.orq) .

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A. The SCP shall include a site plan, Stormwater Control Measure (SCM) sizing calculations, details of bioretention design, and dimensions of drainage management areas.

B. The SCP shall include an Operation and Maintenance (O&M) plan, detailing how the site and require post -construction improvements shall be maintained into perpetuity by the owner.
i. Stormwater Control Plan Section VI. Stormwater Facility Maintenance briefly describes tasks of some Operation and Maintenance for some of the stormwater control measures. These tasks shall be fully described for all stormwater control measures (bio-retention basins, permeable pavers, and underground chambers) prior to approval of Fine Grading permits.

C. A SCP is required and shall receive preliminary approval from the Public Works Department prior to discretionary approval of the Planning Permit.

The developer shall resubmit the SCP with the Building Plan submittal for final review and approval. The resubmittal is to account for any necessary changes to the site plan between entitlement and construction.

D. Underground Chambers: For developments proposing to utilize underground chamber systems for the basis of stormwater management, the inlets, chambers, and any infrastructure that drains to the underground chamber system shall be cleaned, and video inspection provided to verify the performance of the underground chamber system wasn't compromised during project construction activities. Cleaning and maintenance of this infrastructure shall be followed as per the manufacturer's specifications and the approved stormwater operations and maintenance plan. All cleaning and maintenance activities shall be documented and provided to the Utilities Department, Regulatory Compliance Division on an annual basis.

E. As required by Section D, Field Verification of Post -Construction Stormwater Measures, of the California Central Coast Regional Water Board Resolution R3-2013-0032, Post -Construction Stormwater Management Requirements for Developments Projects in the Central Coast Region, the Developer shall secure a qualified third -party (registered professional engineer, geologist, architect and/or landscape architect) for purposes of inspection, verification, and certification of all Stormwater Control Measures (SCMs) to ensure site design, water quality treatment, runoff retention, and/or peak management controls have been implemented in accordance with the Regional Water Board's Post -Construction Requirements.

F. Grading plans shall include the following language:
i. Provide installation elevation by licensed surveyor to Public Works Department, Engineering Division within seven calendar days of installation.

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ii. Provide basin dimension and depth, including outlet structure cross section with elevations, signed, and stamped by the Engineer of Record who prepared the Stormwater Control Plan to the Public Works Department, Engineering Division, within seven calendar days of installation.
iii. Provide copy of invoice of installed gravel and bioretention soil media, along with photo -documentation of complete structure cross sections to Public Works Department, Engineering Division, within seven calendar days of installation.

G. The following shall occur prior to final SCP approval:
i. Engineer of Record that prepares the SCP shall provide documentation of critical design elements in structures that are underground, buried, or otherwise hard to verify after installation.

Critical elements include elevations of the bottom of bioretention, top of gravel, and overflow structures.
ii. The property owner shall sign a Post -Construction Stormwater Control Measures Maintenance Agreement form with the City of Santa Maria. The form will be provided by Public Works after the final review of the SCP. The agreements shall be approved, signed, and attached to the property address prior to issuing the Certificate of Occupancy.

SOLID WASTE CONDITIONS

50. Multi -family and Commercial/Industrial Solid Waste Facilities: Due to the size and nature of this development, waste collection bins are required. Solid waste pick-up for the subject site shall be provided by bin service only.

A. All trash enclosures shall be constructed per City standard drawing MS -16B.

The site plan shall be reviewed and approved by the Utilities Department Solid Waste Division, Public Works Department Engineering Division, and Community Development Department prior to issuance of building permits.

B. The City solid waste collection vehicles must be able to enter and exit the site to gain access to the enclosure without backing. City waste collection vehicles have an inside turning radius of 38 -feet and an outside turning radius of 55 - feet. Orient the enclosure to provide fork -in access when possible.

C. In such cases where enclosures are proposed to be installed abutting structures, the common wall shall be of a non-combustible masonry -type material with no openings for vents or windows.

D. Enclosures shall be reserved exclusively for bin storage. Miscellaneous boxes, racks, grease containers, etc., will not be allowed within the enclosure.

E. If the solid waste collection trucks will be traveling through a gated area to service the bin, the gates shall be equipped with a coded electronic keypad system.

F. The developer shall design any interior vehicle travel ways to withstand loads imposed by City solid waste collection vehicles.

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MODIFICATION OF CONDITIONS
51 The Director of Public Works, Planning Commission, and Council reserve the right to modify these conditions if they deem it necessary to ensure compliance of the project with Chapter 8-6 of the S.M.M.C. (S.M.M.C. Section 8-6.09).

Fire Department

52. Installation Requirements. When submitting plans for construction, the design and installation shall be in accordance with the California Fire and Santa Maria Municipal Codes.

Recreation and Parks Department

53. Tract Map Conditions: All conditions of Betteravia Plaza Tract 6008 apply to any changes of this GPZ and PD.

54. Public Improvement Landscape: Preserve and protect public landscaping adjacent to your project. An encroachment permit from Public Works will be required for any planned site work within boundaries of the public landscape.

55. Development Fees: Per the Municipal Code, several Recreation and Parks Development Fees may apply to this project.
a. Subdivision in Lieu $2,379.00
b. Residential Development Tax $185.00
c. Commercial Growth Mitigation $0.01/square foot
d. Single Family Growth Mitigation $2.18/ square foot
e. Multi-family/Senior Growth Mitigation $3.27/square foot Note: fees are reviewed annually and are subject to change.

56. Landscape District. This project will be included in the Southwest Landscape Maintenance District and Betteravia Plaza Special Benefit Zone.

NOTES:

In accordance with Section 12-35.109 of the Municipal Code, this permit is not valid until the 15th calendar day following the issuance of the permit, providing no appeal is filed; or if an appeal is filed, this permit is not valid until the effective date of the final action on the appeal.

In accordance with Section 12-35.501 of the Municipal Code, the City may modify conditions of approval of the permit, or may revoke the permit for non-compliance with any of the conditions of approval, or if any operations under the approved permit result in detriment to the public health, safety or welfare.

This permit will not be valid until the applicant and property owner have submitted signed acknowledgment of their consent to the conditions, in accordance with Section 12-35.501 of the Santa Maria Municipal Code, to the Planning Division of the Community Development Department.

In accordance with Section 12-35.501 of the Municipal Code, this permit shall become null and void if the development authorized is, or has been, unused, abandoned, discontinued, or development has not been commenced within a period of three (3) years. However, the approval body may consider extensions of time for additional periods of up to two (2) years each, for a maximum overall permit life of seven (7) years. A written request justifying the need and the appropriate filing fee filed with the Community Development Department shall be submitted prior to the expiration date.

Failure to comply with any of the conditions stated above may be cause for revocation or modification of this permit, in addition to any other penalties provided by law.

All conditions of approval are to be completed prior to occupancy unless otherwise stated, and are to be maintained in perpetuity.

PD2021-0006 FEBRUARY 7, 2023
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ij

CITY OF SANTA MARIA

PLANNED DEVELOPMENT PERMIT
PLANNING DIVISION 0 110 SOUTH PINE STREET ROOM 101 0 SANTA MARIA. CA 93458 0 805 925.0951 X 2244 PERMIT NO. PD2022 - 0011
APPROVAL DATE February 7, 2023
PROJECT NAME Betteravia Place 2
APPLICANT/OWNER MBK Rental Living, Inc
ADDRESS/LOCATION Southeast corner of Blosser Road and Carmen Lane DESCRIPTION Review of a Planned Development Permit (PD2022-0011) for MBK Rental Living, Inc. to construct 103 apartment units in 23 two-story buildings, a community center, landscaping, parking and resident amenities on a 9.96 -acre site in a PD/R-3 (Planned Development/High Density Residential) district.

FINDINGS
The City Council hereby approves the following project in accordance with the application submitted and hereby makes the required findings in accordance with Section 12-35.203 of the Municipal Code, including the following:

A. That the project meets the vision, intent, and requirements of the General Plan.

The project would be consistent with the purpose of the High Density Residential (HDR) land use designation on the site, which is meant to provide an urban residential environment close to shopping facilities and existing activity centers, because the project would provide apartments adjacent to existing/proposed commercial development and park space.

B. That the site for the proposed use is adequate in size and topography to accommodate the use, and all yards, spaces, walls and fences, parking, loading and landscaping are adequate to properly adapt such use with the land and uses in the vicinity because, the project is designed to comply with the City of Santa Maria Municipal Code standards for the PD/R-3 zone, including but not limited to height, parking, loading, landscaping, open space, setbacks, and vehicular access. The site is adequately sized to accommodate the proposed residential use. and the construction of the multi -family residential development would adapt with the land and uses in the vicinity which includes a similar land use pattern of medium and high -density residential development.

C. That the site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the

ATTACHMENT J

proposed use. because the proposed construction of project, with traffic mitigation measures, would not lead to inadequate street and highway conditions. A Traffic and Circulation Study was prepared by Associated Transportation Engineers (ATE) for the 2015 Betteravia Plaza Final Environmental Impact Report (EIR). The City of Santa Maria General Plan Circulation Element states that a Level of Service (LOS) D or better is acceptable for roadway and intersection operations. The traffic study determined that the existing area intersections operate within acceptable LOS ranges with intersection improvements (traffic signals) at the intersections identified in Mitigation Measure T-1 of the EIR. The City's Public Works Department reviewed this study and determined that no further analysis to traffic LOS and site circulation is required because the number of cumulative trips with the project are projected to be reduced and would not change the previously analyzed LOS at the area intersections. The Mitigation Measure T-1 has been incorporated into this permit as a condition of approval, improvements to be completed prior occupancy clearance for the project.

The project is exempt from Vehicle Miles Traveled (VMT) analysis per the City of Santa Maria Environmental Procedures. Specifically, the project site is located within a Transportation Analysis Zone (TAZ) where the Countywide Average Home -Based VMT per Capita (Appendix B of Environmental Procedures) are expected to generate VMT at 85 percent or less of the baseline average rate. Any of these TAZ areas are presumed to have a less than significant VMT impact and are exempt from further review.

D. That the proposed use will have no adverse effect upon abutting property as the construction of the multi -family residential development and the establishment of the residential use would be self -sustained by providing adequate on -site parking and amenities in an area of the City that has established residential development of a similar density and scale.

E. That the establishment, maintenance and/or conducting of the use for which the planned development review is sought will not, under the circumstances of the particular case, be detrimental to the health, safety, morals, or welfare of persons residing or working in the neighborhood of such use and will not, under the circumstances of the particular case, be detrimental to the public welfare, injurious to property or improvements in the neighborhood; nor shall the use be inconsistent with the character of the neighborhood or contrary to its orderly development. The project would provide adequate space for setbacks, parking and landscaping to ensure no nuisances would be created by the establishment of the project. The conditions of approval and development standards required for this project address alleviate any potentially adverse impacts that could result from the proposed use.

Therefore, the project would be compatible with the adjoining land uses and would not be more obnoxious or detrimental to the health of the public than any of the uses established at the project area, or any of the uses listed in the PD/R-3 section of the Municipal Code.

F. That the conditions stated in the decision are necessary to protect the public health, safety and general welfare.

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G. The proposed modification(s) are otherwise consistent with the General Plan, Municipal Code and applicable Specific Plans. No modifications to development standards are proposed.

H. The project includes superior design elements that mitigate or compensate for any potential impact of the proposed modification(s) on the surrounding area; No modifications to development standards are proposed.

The proposed modification(s) are essential to the design of the project; No modifications to development standards are proposed.

J. The proposed modification(s) have been minimized to the maximum extent possible consistent with Subsections (a) through (c) of Section 12-35.203 of the Municipal Code. No modifications to development standards are proposed.

K. That the environmental impacts of the project are adequately reviewed in the Addendum to the Betteravia Plaza Final Environmental Impact Report (SCH# 2015011029) and there is no substantial evidence in the record that the project, as mitigated, may have a significant effect on the environment. No further environmental review is required.

CONDITIONS OF APPROVAL
The project is approved subject to the following Conditions of Approval:

Community Development Department

1. Project Description. The permittee shall comply with the project description, plan set entitled Betteravia Place 2 consisting of 19 pages dated November 10, 2022.

September 2, 2022 and August 10, 2022 and Conditions of Approval of this permit.

Any changes from the project description, Plan Set, or conditions may require a permit amendment. Contact the Planning Division prior to changing anything described on the Plan Set or in the project description.

2. Mitigation Monitoring Program. The mitigation measures in the Mitigation Monitoring Program for the Betteravia Plaza Environmental Impact Report (SCH# 2015011029) are hereby incorporated and attached for reference.

3. Color and Materials. A sample of all paint colors and materials to be used on the project site shall be submitted to the Planning Division for review for consistency with City Council approval prior to issuance of building permits. Paint colors shall be provided in the form of paint chips.

4. Architectural Elements. All architectural elements such as parapet walls, tower features, and architectural features shall include architectural details on all sides to provide 360 -degree architecture and eliminate the appearance of a false facade.

5. Parking Area. 206 parking spaces are required, and 240 spaces are provided. The off-street parking area and access shall be paved and double striped in accordance with City parking standards. The parking area shall be maintained and regularly resealed and restriped. Please note that a building permit is required for restriping. The striping shall be visible at all times and the parking area shall be void of potholes and depressions.

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a. The required parking or loading area shall not be used for the storage of goods or for the storage of vehicles that are inoperable or for sale or rent. b. Residential parking facilities shall be designated as assigned or unassigned and shall comply with California Building Code (CBC) Chapter 11A. Electric vehicle charging stations shall be installed per California Green Building Standards Code.

6. Construction Hours. Construction activities shall be limited to the hours of 7:00 a.m. to 6:00 p.m., Monday through Friday, and 8:00 a.m. to 5:00 p.m. on Saturdays. A note to this effect shall appear on all construction drawings. 7 Subdivision Walls. Walls are strongly discouraged. The Betteravia Plaza tract is envisioned to be an interconnected mixed -use development on a neighborhood scale. Usage of perimeter walls shall be minimized to the maximum extent practicable.

8. Bike Racks/Storage. Bike racks and/or storage shall be installed at or near each building. The location, design and number shall be approved by the Planning Division during the building permit review process, with 1 space per 5 units recommended by the Bikeway Master plan.

9. Enhanced Pedestrian Crossings. Decorative pedestrian crossings shall be installed across internal drive aisles for a complete interconnected pedestrian network. The location and design shall be approved by the Planning Division during the building permit review process, in conformance with City Council approval.

10. Trash Container. Each residential dwelling unit shall be provided with solid waste service. Each trash can shall be stored in an enclosure or otherwise screened, and the design and location of the solid waste container storage shall be approved by the Community Development Department and Public Works Department. The solid waste enclosure must be of sufficient size to store solid waste for each unit. Each trash container measures 30-3/4 inches wide by 38 inches deep and is 4 feet in height. A hard surface for rolling containers to curbside from the storage area shall be provided for each unit.

Each required covered parking space in a garage shall be free and clear of any appliances, trash containers, or other structure. Trash bins shall be stored out of the 20 -foot by 20 -foot clear space for vehicle storage.

11. Ongoing Site Maintenance. The entire site shall be permanently maintained free of accumulated dirt and litter and in an otherwise neat and attractive manner and adhere to the requirements of the Santa Maria Municipal Code. Any graffiti on the property shall be promptly painted out. All landscaping areas on the property shall be permanently maintained with healthy, growing plant material, free from weeds.

Dead or dying plant material shall be replaced within one month of plant deterioration.

Failure to comply with this condition is a public nuisance and is subject to the adopted Citation Ordinance of the City of Santa Maria.

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12. Landscape Plan. A Landscape Plan, which includes the size and species of plants. a layout of the irrigation system incorporating time clocks and/or moisture sensors, and a maintenance and watering schedule, shall be submitted to the Community Development Department for plan checking and approval. The specific planting design of the landscape area and species of trees and plants shall be subject to approval of the Planning Division during the plan check review process. The landscape plan shall be prepared in accordance with Chapter 12-44 of the Municipal Code, Landscape Standards. The use of plant material that is easily sheered into unnatural forms shall be avoided. Backflow prevention devices shall be screened with plant material and located to maximize aesthetics.

13. Landscape and Tree Maintenance. The applicant shall develop landscape and tree maintenance standards that shall be provided to any landscape contractor hired to work on the site. The standards shall be reviewed and approved by the Planning Division prior to first occupancy. The program shall require:
a. All on -site trees be properly maintained to retain a natural shape and size for the long-term health of the tree consistent with the natural growth pattern of its particular species and current ANSI A300 standards; b. Any tree topped, severely pruned or severely thinned out, subject to the determination of the Planning Division, shall require a large -size replacement.
c. Ground cover and shrubbery shall be regularly maintained and pruned in a manner that encourages healthy growth and flower production. Shrubs shall not be severely sheered or formed into unnatural shapes.

14. Tree Planting. The project shall provide the trees depicted on the landscape plan.

The trees species selected shall be subject to Planning Staff review according to Planning Commission approval. Trees shall be a minimum of 24 -inch box size as required by the Betteravia Plaza Development Agreement.

15. Landscape Irrigation Water Meter. A separate appropriately -sized irrigation meter is required for new non-residential projects with irrigated landscape areas totaling 1,000 square feet or greater, and for new residential projects with irrigated landscape areas totaling 5,000 square feet or greater. If a sub -meter is proposed for irrigation, it shall be a privately held and maintained meter, provided by the applicant, installed after the main water meter.

16. Light Standards. All on -site lighting shall comply with the Municipal Code Performance Standards. A photometric plan is required at the building permit stage, subject to Planning Division approval. Parking lot light standards on the project site shall have a maximum overall height of 20 feet.

17. Utilities. All new public utility services, including electrical, telephone and community television antenna services, shall be placed underground in accordance with City requirements. Location of all transformer boxes and utility equipment shall be approved by the Planning Division prior to installation. All transformer boxes and utility equipment shall be underground wherever feasible. If undergrounding is not possible, the equipment should be painted to match the surroundings and placed in inconspicuous areas out of public view.

PD2022-0011 FEBRUARY 7, 2023
BETTERAVIA PLACE 2 PLANNED DEVELOPMENT PERMIT
5 18. Mechanical Equipment. Mechanical equipment located on the roof of a building shall be completely screened. The height of the screening shall be as high, or higher, than the top of the mechanical equipment. The screening may be provided by an architecturally designed screen wall of solid material surrounding the equipment, or by the building wall parapet.

19. Wells. Abandoned oil wells shall have setbacks of 50 feet on one side with 10 feet on all other sides, measured from the well head.

20. Merger. Prior to issuance of the building permit, a property owner -initiated merger shall be filed with the Community Development Department to remove the existing lot lines on the property. The Notice of Merger shall be recorded prior to issuance of the occupancy permit.

21. Performance Standards. The requirements of the City's performance standards with respect to odor, noise, smoke, vibration and discharge of liquid and solid waste shall be maintained.

22. Health Department Requirements. Where applicable, detailed plans shall be submitted to the Santa Barbara County Health Department for review and approval prior to plans being submitted to the City for approval and issuance of a building permit.

23. AB 1600 Fees. AB 1600 fees apply to this project and are based on the fees in effect at the time the building permit is issued.

24. Indemnification. The applicant shall agree to indemnify, defend (with counsel reasonably approved by the City), and hold harmless the City of Santa Maria and its officers, officials, employees, and agents from and against any and all claims, demands, actions, proceedings, lawsuits, losses, damages, judgments and/or liabilities by third parties arising out of, related to, or in connection with the project application or to attack, set aside, void, or annul, in whole or in part, an approval of the project application by the City and any related environmental approvals, development approvals or project conditions. The Applicant shall reimburse the City, its agents, officers, officials, or employees, for any court costs and attorney's fees that the City, its agents, officers, officials, 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 provision.

25. Agency Requirements. The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. a. All of the suggested conditions, regulatory requirements and best practices identified in the Santa Barbara County Air Pollution Control District letter with attachments, dated November 23, 2022, incorporated herein by reference, shall be implemented as a condition of approval by this Planned Development permit.

26. Construction Documents. A copy of these conditions shall be incorporated into all construction documents.

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27. Signs. Permanent and Temporary signs are subject to review for conformance with the requirements of the City Sign Code, and each type of sign is subject to individual application and permit approval.

Public Works Department

ENGINEERING CONDITIONS

28. Public Improvement Plans: PIPs shall be reviewed and approved by the City Engineer prior to building permit issuance. The PIPs shall include the following:

A. Plan and profile drawings for all surface and underground improvements a. Traffic Signal: The developer shall be required to install a traffic signal at the intersection of Blosser Road and Sonya Lane. The signal installation shall include but not be limited to all related improvements, appurtenances, emergency vehicle preemption, and interconnection to the existing fiber optic system to coordinate with the existing signal system. The developer may be credited Traffic Mitigation Development Fees for the cost of installation in accordance with Santa Maria Municipal Code Section 8-15.09. These improvements shall be installed prior to the occupancy of any buildings entitled under this permit or PD2021-0006 (Betteravia Place 1) subject to coordination with the Public Works Department.
b. Bus Turnout and Shelter: Prior to occupancy of the first building for either PD2021-0006 or PD2022-0011, the developer shall construct a bus turnout consistent with City of Santa Maria Standard Details RD -26, RD - 27A, and RD -28 on Blosser Road, between Carmen Lane and Dan Blough Drive. A bus shelter shall be provided at the turnout with the following amenities:
i. Tolar 12' Sunset Shelter with Polycarbonate Flat Roof in aluminum color, without walls and accompanying Bench w/ seat delineators
ii. ADA wheelchair area marked (painted onto the ground between the gap of the bench and end of shelter)
iii. Urban Solar RMS solar lighting package
iv. Waysine LED Shelter Display
v. Papercast 13" e -paper display
vi. PV Stop Max bus stop pole lighting system
vii. Bike Loop
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The Engineer shall submit four (4) copies of the landscaping and irrigation plans to the Public Works Department for review. All public improvements shall be constructed according to City and State standards prior to issuance of certificate of occupancy. Plan check and inspection fees per City Council Resolution 2005- 101 will apply. The developer shall submit a cost estimate completed by a registered civil engineer for the proposed public improvements and make a monetary deposit with the City. The form of security shall be subject to the approval of the City Attorney.

29. Building Plans: At time of building plan submittal, the developer shall identify the following items on the site or utility plan for the subject project:

A. Location and sizes of all proposed and existing water mains, sewer mains, water meters, water service lines, backflow prevention devices, private sewer lateral connections, and storm drainage facilities in abutting streets or on the project site.

B. Location, quantity, and orientation of trash enclosures C. All parcel lines and easements crossing the project site.

D. Locations and dimensions of all existing and proposed driveways and sidewalks
E. Location of existing and proposed fire hydrants
F. Required public improvements.

G. Limits of frontage improvements
FEES

30. Utilities Connection Fees: For all development projects already connected to the utility system, the water and wastewater fees shall be based solely on an increase in water meter size or a change in use and shall be calculated and collected prior to installation of the larger meter or making a change in use. The State Water Reimbursement Fee shall be collected concurrently with the Growth Mitigation Fee. The following fees are to be paid by the applicant and will be collected at time of request for connection at the Building Division, 110 South Pine Street, Room 101.

A. Water Mitigation Fee: The fee is calculated based on the size of water meters (domestic, landscape, fire) serving the site. The fee shall be based upon the codes and rates in effect at the time of building permit issuance (Santa Maria Municipal Code (S.M.M.C.) Sections 8-15.01 through 8-15.15 and 8-15.19).

B. Wastewater Mitigation Fee: The fee is calculated based on the size of water meters (domestic) serving the site. The fee shall be based on the codes and rates in effect at the time of building permit issuance (S.M.M.C. Sections 8-

15.01 through 8-15.15 and 8-15.20).

C. State Water Reimbursement Fee: The fee is calculated based on the size of water meters (domestic, landscape, fire) serving the site. The fee shall be based on the codes and rates in effect at the time of building permit issuance (S.M.M.C. Section 8-10.05.01).

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31. Traffic Mitigation Fee: The traffic mitigation fee shall be paid by the applicant at time of occupancy. The fee is based on the size and proposed use of the project.

The final fee calculation is based on the fee schedule in effect at the time of building permit issuance (S.M.M.C. Sections 8-15).

STREET AND FRONTAGE CONDITIONS

32. Standard Driveway Driveways shall be installed per City Standard Drawing RD- 12A/RD-13A and have ADA compliant pedestrian access. Driveways shall have minimum throat width of twenty-four feet (24).

Nearest edge of driveway shall be located a minimum of five feet (5) from any above -ground utility such as streetlights or fire hydrants, and ten feet (10) from any street trees. A minimum twenty -foot (20) separation between driveways is required and the aggregate width of all driveways shall not exceed fifty (50) percent of the property's frontage along the street (S.M.M.C. Section 8-6.07).

33. Frontage Parking: If installed, gates across the driveway shall be relocated to provide a minimum of twenty -five-foot (25) setback from back of sidewalk so vehicles can park completely off the traveled way when opening the gates.

34. City Encroachment Permit: The developer shall obtain an encroachment permit from the Public Works Engineering Division prior to any work in public streets, alleys, or easements (S.M.M.C. Section 8-6.06).

35. Facility Easements: Prior to issuance of building permits, the developer shall provide reciprocal access and drainage easements.

36. City Dedicated Easements: If any easements are required to be dedicated or vacated, the developer shall submit legal descriptions, sketches (8.5" x 11" City Standard Format), closure calculations, current title report, and payment of processing fees. All paperwork shall be approved prior to issuance of building permits and recorded prior to occupancy.

37. Chip Seal: Developer shall be required to restore asphalt pavement surface to the pre -development condition by placing chip seal compliant with City Standards along the property frontage where trenching and utility cuts are required within City right-of-way. The chip seal shall be applied for the full width of the roadway for 50' beyond all cuts within the asphalt pavement and the roadway striping shall be restored to pre -construction layout. The developer may elect to deposit an in -lieu fee to the City Public Works Department to perform the chip seal as a part of the City's annual chip seal project.

WATER CONDITIONS

38. Privately Owned On -site Water Lines: Water lines for fire suppression shall be separated from water lines used for domestic water. Fire suppression lines shall be looped on -site with appropriate fire service backflow prevention assemblies per Standard Detail WA -27F, separating privately -owned and maintained water lines from public water lines. On -site fire hydrants and fire sprinklers shall be supplied from this looped, on -site water line.

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39. Fire Hydrants: The location, placement, and sizing of on -site water lines and fire hydrants shall be approved by the City Fire Department and Public Works Department. Fire hydrants shall be supplied by a 6" water line.

40. Water Pipe Abandonment: Any existing water services not to be used by this development shall be abandoned by the developer at the mainline per City requirements.

41. Backflow Prevention: Reduced pressure principle (RP) type backflow prevention assemblies shall be installed on all domestic water services. The devices shall be installed near the property line before any branches by a licensed plumber according to City specifications and standard drawings. The devices shall be tested by a certified backflow prevention tester with test results submitted to the City's Regulatory Compliance Specialist prior to final occupancy.

WASTEWATER CONDITIONS

42. Municipal Code: Discharge into the City's sewer system shall comply with municipal code discharge restrictions and requirements (S.M.M.C. Section 8-12).

43. New Sewer Lines: All sewer pipes crossing or parallel to public water facilities shall be constructed according to the requirements of the State Water Resources Control Board Division of Drinking Water.

44. New Sewer Lateral: All sewer laterals shall be constructed in compliance with City Standard Drawing SS -14B. Sewer laterals shall be privately maintained infrastructure and connect to City infrastructure with a wye connection. Sewer laterals shall not tie in at a Public manhole.

STORM WATER CONDITIONS

45. Construction Storm Water Requirements (Site > 1 Acre): The developer shall obtain a Storm Water Pollution Prevention Plan (SWPPP) prepared by Qualified SWPPP Developer (QSD). The SWPPP must be reviewed and approved by the Public Works Department prior to issuance of grading and encroachment permits.

The developer shall submit the SWPPP and file a Notice of Intent (NOI) with the Central Coast Regional Water Quality Control Board. The submittal is typically handled online through the Regional Board's SMARTs website. ( https://smarts.waterboards.ca.gov/smarts/) .

46. SWPPP Review Fee: The developer shall submit a hard copy and an electronic copy of the SWPPP for review and approval prior to permit issuance. A SWPPP review fee will be invoiced prior to approval.

47. Cost Estimate and Treasurer's Trust: A detailed cost estimate for the installation and maintenance of the Best Management Practices (BMPs) to be implemented as defined by the SWPPP will be generated from the City's SWPPP review. Prior to grading permit issuance, the developer shall submit a cash deposit in the amount of the approved cost estimate to be held as a Treasurers Trust. The Treasurer's Trust is intended to guarantee installation and maintenance of the required BMPs. The City will draw from this Treasurer's Trust in the event the developer/contractor does not install or maintain the required BMPs. The PD2022-0011 FEBRUARY 7, 2023
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Treasurer's Trust shall be returned after Certificate of Occupancy is issued, minus any funds expended by the City to install/maintain the required BMPs on behalf of the developer/contractor.

48. SWPPP/Post-Construction Requirement Monitoring Encroachment Permit: Prior to issuance of grading permits, the developer shall obtain an encroachment permit from the Public Works Office to cover inspection of the approved SWPPP and installation of required Post -Construction Requirements. Permit and inspection fees will be due when the permit is issued.

FLOOD CONTROL CONDITIONS

49. Regional Basin Storm Drainage: On -site retardation is not required for this site because it is served by a regional retardation basin constructed with Acquistapace Homes, Tract 5845.

POST -CONSTRUCTION STORM WATER CONDITIONS

50. Post -Construction Storm Water: The Central Coast Regional Water Quality Control Board requires that all new projects that create or replace 2,500 square feet or more of impervious area must follow the post -construction requirements (PCRs).

The Stormwater Technical Manual and further guidance on completing an SCP are available online ( http://www.sbprojectcleanwater.orq) .

A. The SCP shall include a site plan, Stormwater Control Measure (SCM) sizing calculations, details of bioretention design, and dimensions of drainage management areas.

B. The SCP shall include an Operation and Maintenance (O&M) plan, detailing how the site and required post -construction improvements shall be maintained into perpetuity by the owner.
i. Stormwater Control Plan Section VI. Stormwater Facility Maintenance briefly describes tasks of some Operation and Maintenance for some of the stormwater control measures. These tasks shall be fully described for all stormwater control measures (bio-retention basins, permeable pavers, and underground chambers) prior to approval of Fine Grading permits.

C. A SCP is required and shall receive preliminary approval from the Public Works Department prior to discretionary approval of the Planning Permit.

The developer shall resubmit the SCP with the Building Plan submittal for final review and approval. The resubmittal is to account for any necessary changes to the site plan between entitlement and construction.

D. Underground Chambers: For developments proposing to utilize underground chamber systems for the basis of stormwater management, the inlets, chambers, and any infrastructure that drains to the underground chamber system shall be cleaned, and video inspection provided to verify the performance of the underground chamber system wasn't compromised during project construction activities. Cleaning and maintenance of this infrastructure shall be followed as per the manufacturer's specifications and PD2022-001 1 FEBRUARY 7, 2023
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the approved stormwater operations and maintenance plan. All cleaning and maintenance activities shall be documented and provided to the Utilities Department, Regulatory Compliance Division on an annual basis.

E. As required by Section D, Field Verification of Post -Construction Stormwater Measures, of the California Central Coast Regional Water Board Resolution R3-2013-0032, Post -Construction Stormwater Management Requirements for Developments Projects in the Central Coast Region, the Developer shall secure a qualified third -party (registered professional engineer, geologist, architect and/or landscape architect) for purposes of inspection, verification, and certification of all Stormwater Control Measures (SCMs) to ensure site design, water quality treatment, runoff retention, and/or peak management controls have been implemented in accordance with the Regional Water Board's Post -Construction Requirements.

F. Grading plans shall include the following language:
i. Provide installation elevation by licensed surveyor to Public Works Department, Engineering Division within 7 calendar days of installation.
ii. Provide basin dimension and depth, including outlet structure cross section with elevations, signed and stamped by the Engineer of Record who prepared the Stormwater Control Plan to the Public Works Department, Engineering Division, within 7 calendar days of installation.
iii. Provide copy of invoice of installed gravel and bioretention soil media, along with photo -documentation of complete structure cross sections to Public Works Department, Engineering Division, within 7 calendar days of installation.

G. The following shall occur prior to final SCP approval:
i. Engineer of Record that prepares the SCP shall provide documentation of critical design elements in structures that are underground, buried, or otherwise hard to verify after installation.

Critical elements include elevations of the bottom of bioretention, top of gravel, and overflow structures.
ii. The property owner shall sign a Post -Construction Stormwater Control Measures Maintenance Agreement form with the City of Santa Maria. The form will be provided by Public Works after the final review of the SCP. The agreements shall be approved, signed, and attached to the property address prior to issuing the Certificate of Occupancy.

SOLID WASTE CONDITIONS

51. Multi -family and Commercial/Industrial Solid Waste Facilities: Due to the size and nature of this development, waste collection bins are required unless otherwise approved by the Public Works Engineering Division. Solid waste pick-up for the PD2022-0011 FEBRUARY 7, 2023
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subject site shall be provided by bin service only.

A. All trash enclosures shall be constructed per City standard drawing MS -16B.

The site plan shall be reviewed and approved by the Utilities Department Solid Waste Division, Public Works Department Engineering Division, and Community Development Department prior to issuance of building permits.

B. The City solid waste collection vehicles must be able to enter and exit the site to gain access to the enclosure without backing. City waste collection vehicles have an inside turning radius of thirty-eight (38) feet and an outside turning radius of fifty-five (55) feet. Orient the enclosure to provide fork -in access when possible.

C. In such cases where enclosures are proposed to be installed abutting structures, the common wall shall be of a non-combustible masonry -type material with no openings for vents or windows.

D. Enclosures shall be reserved exclusively for bin storage. Miscellaneous boxes, racks, grease containers, etc., will not be allowed within the enclosure.

E. If the solid waste collection trucks will be traveling through a gated area to service the bin, the gates shall be equipped with a coded electronic keypad system.

F. The developer shall design any interior vehicle travel ways to withstand loads imposed by City solid waste collection vehicles.

MODIFICATION OF CONDITIONS

52. The Director of Public Works, Planning Commission, and Council reserve the right to modify these conditions if they deem it necessary to ensure compliance of the project with Chapter 8-6 of the S.M.M.C. (S.M.M.C. Section 8-6.09).

Fire Department

53. Installation Requirements. When submitting plans for construction, the design and installation shall be in accordance with the California Fire and Santa Maria Municipal Codes.

PD2022-0011 FEBRUARY 7, 2023
BETTERAVIA PLACE 2 PLANNED DEVELOPMENT PERMIT
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Recreation and Parks Department

54. Tract Map Conditions: All conditions of Betteravia Plaza Tract 6008 apply to any changes of this PD.

55. Public Improvement Landscape: Preserve and protect public landscaping adjacent to your project. An encroachment permit from Public Works will be required for any planned site work within boundaries of the public landscape.

56. Development Fees. Per the Municipal Code, several Recreation and Parks Development Fees may apply to this project.
a. Subdivision in Lieu $2,379.00
b. Residential Development Tax $185.00
c. Commercial Growth Mitigation $0.01/square foot
d. Multi-family/Senior Growth Mitigation $3.27/square foot.

Note: fees are reviewed annually and are subject to change.

57. Landscape District. This project will be included in the Southwest Landscape Maintenance District and Betteravia Plaza Special Benefit Zone.

NOTES:

In accordance with Section 12-35.109 of the Municipal Code, this permit is not valid until the 15th calendar day following the issuance of the permit, providing no appeal is filed; or if an appeal is filed, this permit is not valid until the effective date of the final action on the appeal.

In accordance with Section 12-35.501 of the Municipal Code, the City may modify conditions of approval of the permit, or may revoke the permit for non-compliance with any of the conditions of approval, or if any operations under the approved permit result in detriment to the public health, safety or welfare.

This permit will not be valid until the applicant and property owner have submitted signed acknowledgment of their consent to the conditions, in accordance with Section 12-35.501 of the Santa Maria Municipal Code, to the Planning Division of the Community Development Department.

In accordance with Section 12-35.501 of the Municipal Code, this permit shall become null and void if the development authorized is, or has been, unused, abandoned, discontinued, or development has not been commenced within a period of three (3) years. However, the approval body may consider extensions of time for additional periods of up to two (2) years each, for a maximum overall permit life of seven (7) years. A written request justifying the need and the appropriate filing fee filed with the Community Development Department shall be submitted prior to the expiration date.

Failure to comply with any of the conditions stated above may be cause for revocation or modification of this permit, in addition to any other penalties provided by law.

All conditions of approval are to be completed prior to occupancy unless otherwise stated, and are to be maintained in perpetuity.

PD2022-0011 FEBRUARY 7, 2023
BETTERAVIA PLACE 2 PLANNED DEVELOPMENT PERMIT
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