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PC R 20-2338RESOLUTION NO. 20-2338 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE ADOPTING A MITIGATED NEGATIVE DECLARATION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND APPROVING CONDITIONAL USE PERMIT 19-002; LOCATED AT 207 PILGRIM WAY; APPLIED FOR BY NOBLE VENTURES PROPERTIES, INC. WHEREAS, the project site is approximately 2.8 acres, zoned Public/quasi-public (PF), and WHEREAS, the applicant has submitted an application for Conditional Use Permit 19-002 for the construction of 78 assisted living units, 20 memory care units, with a maximum of 120 beds, a conference room, reception area, and administrative offices; and WHEREAS, the Staff Advisory Committee considered the project on October 9, 2019 and recommended approval with conditions; and WHEREAS, the Architectural Review Committee considered the project on October 21, 2019 and recommended approval; and WHEREAS, the Planning Commission has reviewed this project in compliance with the California Environmental Quality Act, Public Resources Code section 21000, et seq. (CEQA), the State CEQA Guidelines, and the Arroyo Grande Rules and Procedures for Implementation of CEQA and has reviewed the draft Mitigated Negative Declaration; and WHEREAS, the Planning Commission of the City of Arroyo Grande has reviewed the project and considered all testimony and evidence submitted at a duly noticed public hearing conducted on June 16, 2020; and WHEREAS, the Planning Commission, after due study, deliberation, and public hearing, and based on substantial evidence, makes the following findings: Conditional Use Permit Findings: The proposed use is permitted within the subject district pursuant to the provisions of this section and complies with all the applicable provisions of this title, the goals, and objectives of the Arroyo Grande General Plan, and the development policies and standards of the City. The proposed use of the site for a senior living facility is permitted within the PF zoning district and the project complies with all applicable provisions of the Arroyo Grande General Plan and Municipal Code. 2. The proposed use would not impair the integrity and character of the district in which it is to be established or located. The proposed use of the site for a senior living facility will not impair the integrity of the PF district because to the intent of the district is to designate land for the conduct of public, quasi public, and institutional activities, RESOLUTION NO. 20-2338 PAGE 2 including the protection of areas needed for such future facilities, and this facility supports services needed by members of the public. 3. The site is suitable for the type and intensity of use or development that is proposed. The site is approximately 2.8 acres of underutilized land in the PF zoning district and meets the development standards of the PF zoning district, the Arroyo Grande Municipal Code, and is suitable for the intensity of the development. 4. There are adequate provisions for water, sanitation, and public utilities and services to ensure public health and safety. The provisions for water, sanitation, and public utilities were evaluated through the Mitigated Negative Declaration prepared for the project and it was determined that adequate public services will be available for the proposed project and will not result in substantially adverse impacts. 5. The proposed use will not be detrimental to the public health, safety or welfare or materially injurious to properties and improvements in the vicinity. The proposed use will not be detrimental to the public health, safety or welfare, nor materially injurious to properties or improvements in the vicinity, as it will comply with all applicable codes and standards of the Municipal Code and in accordance with conditions of approval specifically developed for the project. The Planning Commission, after consideration of the draft Initial Study/Mitigated Negative Declaration issued May 15, 2020, and duly circulated for public review and comment, its supporting studies and documents, and all facts and evidence presented to it concerning the proposed project, finds, based on substantial evidence in the record, that the project, as conditioned, will not result in a significant impact to the environment and that preparation of an environmental impact report is not required pursuant to State CEQA Guideline section 15064. Mitigation measures identified in the draft Mitigated Negative Declaration will mitigate potentially significant impacts to air quality, cultural resources, geology/soils, greenhouse gas emissions, hydrology/water quality, noise, transportation, tribal cultural resources, and utilities/service systems to levels of insignificance. The mitigation monitoring and reporting program incorporated into the project's conditions of approval is hereby adopted consistent with applicable provisions of CEQA and the State CEQA Guidelines. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby adopts the Mitigated Negative Declaration as set forth in Exhibit "B", attached hereto and incorporated herein by this reference in compliance with all applicable RESOLUTION NO. 20-2338 PAGE 3 provisions of CEQA and the State CEQA Guidelines, and approves Conditional Use Permit 19-002 as set forth in Exhibit "C", attached hereto and incorporated herein by this reference, with the above findings and subject to the conditions as set forth in Exhibit "A", attached hereto and incorporated herein by this reference. On motion by Commissioner Martin, seconded by Commissioner Schiro, and by the following roll call vote, to wit: AYES: Martin, Schiro, Maraviglia and Sage NOES: Montes ABSENT: None the foregoing Resolution was adopted this 16th day of June, 2020 RESOLUTION NO. 20-2338 PAGE 4 GLENN MARTIN CHAIR ATTEST: ATRICK HOLUB SECRETARY TO THE COMMISSION AS TO CONTENT. WHITNEY cDONALD, aa'*Kw COMMUNITY DEVELOPMENT DIRECTOR RESOLUTION NO. 20-2338 PAGE 5 EXHIBIT `A' CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 19-002 207 PILGRIM WAY COMMUNITY DEVELOPMENT DEPARTME PLANNING DIVISION GENERAL CONDITIONS This approval authorizes the construction of a senior assisted living facility with 78 assisted living units and 20 memory care units, totaling 120 beds at 207 Pilgrim Way. 2. The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. 3. The applicant shall comply with all conditions of approval for Conditional Use Permit 19-002. 4. This application shall automatically expire on June 16, 2022 unless a building permit is issued. Thirty (30) days prior to the expiration of the approval, the applicant may apply for an extension of one (1) year from the original date of expiration. 5. Development shall conform to the development standards for the Public/quasi-public zoning district, except as otherwise approved. 6. Development shall occur in substantial conformance with the plans presented to the Planning Commission at the meeting of June 16, 2020, marked Exhibit B and on file in the Community Development Department. 7. The applicant shall agree to indemnify and defend at his/her sole expense any action brought against the City, its present or former agents, officers, or employees because of the issuance of said approval, or in any way relating to the implementation thereof, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any court costs and attorney's fees which the City, its agents, officers or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his/her obligations under this condition. 8. A copy of these conditions and mitigation measures shall be incorporated into all construction documents. 9. At the time of application for construction permits, plans submitted shall show all development consistent with the approved site plan, floor plan, architectural elevations RESOLUTION NO. 20-2338 PAGE 6 and landscape plan. 10. Signage shall be subject to the requirements of Chapter 16.60 of the Development Code. Prior to issuance of a building permit, all illegal signs shall be removed. 11. Development shall comply with Development Code Sections 16.48.070, "Fences, Walls and Hedges"; 16.48.120, "Performance Standards"; and 16.48.130 "Screening Requirements". 12. Setbacks, lot coverage, and floor area ratios shall be as shown on the development plans including those specifically modified by these conditions. 13. The developer shall comply with Development Code Chapter 16.56, "Parking and Loading Requirements". All parking spaces adjacent to a wall, fence, or property line shall have a minimum width of 11 feet. 14. All parking areas of five or more spaces shall have an average of one-half foot-candle illumination per square foot of parking area for visibility and security during hours of darkness. 15. Trash enclosures shall be screened from public view with landscaping or other appropriate screening materials, and shall be made of an exterior finish that complements the architectural features of the main building(s). The trash enclosure area shall be designed to provide adequate space for collecting and storing solid waste and recyclable materials, including mixed recycling, separated cardboard and food waste/organics (when appropriate). All solid waste and recycling area enclosures that are not located inside a building shall have roofs to prevent contaminants from washing into the storm drain system. The roof shall extend past any open sides. Additionally, the roof shall not overhang the front gate so that the garbage trucks can access the bins. 16. At the time of application for construction permits, the applicant shall provide details on any proposed exterior lighting, on a photometric plan. The lighting plan shall include the height, location, and intensity of all exterior lighting consistent with Section 16.48.090 of the Development Code. All lighting fixtures shall be shielded so that neither the lamp nor the related reflector interior surface is visible from adjacent properties. All lighting for the site shall be downward directed and shall not create spill or glare to adjacent properties. All lighting shall be energy efficient (e.g. LED). 17. Landscaping in accordance with the approved landscaping plan shall be installed or bonded for before final building inspection/establishment of use. The landscape and irrigation plan shall be prepared by a licensed landscape architect subject to review and approval by the Community Development and Public Works Departments. The landscape plan shall be in conformance with Development Code Chapter 16.84 (Water Efficient Landscape Requirements) and shall include the following: RESOLUTION NO. 20-2338 PAGE 7 a. Tree staking, soil preparation and planting detail; b. The use of landscaping to screen ground -mounted utility and mechanical equipment; c. The required landscaping and improvements. This includes: i. Deep root planters shall be included in areas where trees are within five feet (6) of asphalt or concrete surfaces and curbs; ii. Water conservation practices including the use of low flow heads, drip irrigation, mulch, gravel, drought tolerant plants. iii. An automated irrigation system using smart controller (weather based) technology. iv. The selection of groundcover plant species shall include native plants. V. Linear planters shall be provided in parking areas. vi. Turf areas shall be limited in accordance with Section 16.84.040 of the Development Code. 18. All trees on the construction site to be preserved shall be protected under the conditions of the Community Tree Ordinance (431 C.S.) which include but are not limited to: a. No mechanical trenching within the drip line of a tree, unless approved by the Parks and Recreation Director. b. No storage of equipment, supplies, tools, etc., within 8' of the trunk of any tree. C. No grading shall occur under a trees dripline, unless approved by the Public Works Director. d. A five foot (6) protective fence shall be constructed a minimum of 8' from the trunk of each tree or at the dripline, whichever distance is greater. e. At a minimum, all pruning shall comply with the American National Standards Institute (ANSI) A300 Pruning Standards and Best Management Practices. An independent certified arborist, paid for by the developer and selected by the Public Works Director, shall conduct all pruning on site. The independent arborist shall report to the City's Arborist regarding any pruning activities. 19. All trees to be pruned shall be pruned under supervision of a Certified Arborist using the International Society of Arboriculture (ISA) Pruning Standards. 20. For projects approved with specific exterior building colors, the developer shall paint a test patch on the building including all colors. The remainder of the building may not be painted until inspected by the Community Development Department to verify that colors are consistent with the approved color board. A 48-hour notice is required for this inspection. RESOLUTION NO. 20-2338 PAGE 8 21. All new electrical panel boxes shall be installed inside the building(s). 22. Buildings equipped with a fire sprinkler system shall also have a Fire Department Connection (FDC), which shall be located adjacent to a fire access roadway and be remote from all buildings outside the building collapse zone with the final location to be determined by the Building Official or Fire Chief. 23. Fire Department Connections (FDC) shall be located near a fire hydrant, which is no closer than 20 feet and no greater than 100 feet with no obstructions or barriers between the FDC and the hydrant such as roads or driveways. 24. Double detector check valve assemblies shall be located directly adjacent to or within the respective building to which they serve, and screened to the maximum extent feasible. 25. All ducts, meters, air conditioning equipment and all other mechanical equipment, whether on the ground, on the structure or elsewhere, shall be screened from public view with materials architecturally compatible with the main structure. It is especially important that gas and electric meters, electric transformers, and large water piping systems be completely screened from public view. All roof -mounted equipment that generates noise, solid particles, odors, etc., shall cause the objectionable material to be directed away from residential properties. 26. All conditions of this approval run with the land and shall be strictly adhered to, within the time frames specified, and in an on-going manner for the life of the project. Failure to comply with these conditions of approval may result in an immediate enforcement action. If it is determined that violation(s) of these conditions of approval have occurred, or are occurring, this approval may be revoked pursuant to Development Code Section 16.08.100. INCLUSIONARY HOUSING 27. The developer shall comply with Development Code Chapter 16.80 "Inclusionary Affordable Housing Requirements". SPECIAL CONDITIONS 28. The facility shall be equipped with an emergency backup generator that will provide power to the facility for at least 96 hours in the event of a power shutoff. 29. The facility shall implement a Fall Management Protocol to reduce the risk of residents from falling. The Protocol shall include a Fall Risk Assessment of each resident at the time of move -in and as the resident experiences changes in condition that might affect their risk of falling. RESOLUTION NO. 20-2338 PAGE 9 PLANNING COMMISSION CONDITIONS 30. The applicant shall coordinate an additional staff review with the Traffic Engineer with the updated peak trips to calculate the mitigation fee for infrastructure improvements at the Fair Oaks Avenue/Orchard Street/US 101 SB off -ramp intersection. 31. The applicant shall fully pave the portion of the driveway adjacent to the southern property line and remove the chain blocking access. 32. The applicant shall install a six-foot (6') block wall along the eastern edge of the property, between US101 and the project. 33. The applicant shall limit deliveries to the facility during critical traffic hours 34. The applicant shall coordinate with Lucia Mar Unified School District on timing of shift changes. BUILDING AND LIFE SAFETY DIVISION AND FIRE DEPARTMENT CONDITIONS BUILDING CODES 35. The project shall comply with the most recent editions of the California Building Standards Code, as adopted by the City of Arroyo Grande. FIRE I ANF.q 36. Prior to occupancy, the applicant shall post designated fire lanes, per Section 22500.1 of the California Vehicle Code. 37. All fire lanes must be posted and enforced, per Police Department and Fire Department guidelines. 38. All fire lanes must be fully paved. 39. Prior to issuance of a certificate of occupancy, the applicant shall grant an emergency access easement to the City of Arroyo Grande along the southern boundary of the property, in a form approved by the City Attorney. FIRE FLOW/FIRE HYDRANTS 40. Project shall have a fire flow in accordance with the California Fire Code. 41. Fire hydrants shall be installed, per Fire Department and Public Works Department standards and per the California Fire Code. RESOLUTION NO. 20-2338 PAGE 10 SECURITY KEY BOX 42. The applicant must provide an approved "security key box," per Building and Fire Department guidelines and per the California Fire Code. FIRE SPRINKLER 43. All buildings must be fully sprinklered per Building and Fire Department guidelines and per the California Fire Code. 44. Provide Fire apparatus access per the California Fire Code Appendix D, as adopted by the City of Arroyo Grande. ABANDONMENT / NON -CONFORMING 45. The applicant shall show proof of properly abandoning all non -conforming items such as septic tanks, wells, underground piping and other infrastructure that is no longer necessary for the proposed project. . DEMOLITION PERMIT / RETAINING WALLS 46. A demolition permit must be applied for, approved and issued. All asbestos and lead shall be verified if present and abated prior to permit issuance. FLOOD PROOFED NON-RESIDENTIAL BUILDINGS 47. Provide written certification that the envelope of the structure is watertight with walls substantially impermeable to the passage of water required under 44 Code of Federal Regulations (44 CFR 60.3 (c)(3)) 48. Provide a comprehensive Maintenance Plan for the entire structure to include but not limited to: a. Exterior envelope of structure b. All penetrations to the exterior of the structure c. All shields, gates, barriers, or components, designed to provide flood proofing protection to the structure d. All seals or gaskets for shields, gates, barriers, or components e. Location of all shields, gates, barriers, and components as well as all associated hardware, and any materials or specialized tools necessary to seal the structure 49. The developer shall reimburse the City for all costs associated with outside plan checks performed at either the developer's or City's request. RESOLUTION NO. 20-2338 PAGE 11 ENGINEERING DIVISION CONDITIONS POST CONSTRUCTION REQUIREMENTS REGIONAL WATER QUALITY CONTROL BOARD. STORMWATER CONTROL PLAN. OPERATIONS AND MAINTENANCE PLAN, AND ANNUAL STORMWATER CONTROL FACILITIES MAINTENANCE 50. The Applicant shall develop, implement and provide to the City: a. Prior to issuance of a building or grading permit a Stormwater Control Plan that clearly provides engineering analysis of all Water Quality Treatment, Runoff Retention, and Peak Flow Management controls complying with Engineering Standard 1010 Section 5.2.2. b. Prior to final acceptance of the improvements and/or Occupancy, whichever comes first; an Operations and Maintenance Plan, Maintenance Agreements, and Maintenance Notification that clearly establish responsibility for all Water Quality Treatment, Runoff Retention, and Peak Flow Management controls complying with Engineering Standard 1010 Section 5.2.3. c. Annual Maintenance Notification indicating that all Water Quality Treatment, Runoff Retention, and Peak Flow Management controls are being maintained and are functioning as designed per Engineering Standard 1010 Section 5.2.3 C. d. All reports and plans must be completed by either a Registered Civil Engineer or Qualified Stormwater Pollution Prevention Plan Developer (QSD). 51. Annual - Maintenance Notification. The Owner/Applicant shall provide a signed annual statement notifying the City of compliance with all maintenance requirements for the installed Storm Water Control Measures. Additionally, the signed statement shall include the following information: a. Stormwater Control Measures Report Number b. The location and address of Storm Water Control Facilities c. Completion date of the maintenance activities d. Party responsible for O&M e. Source of funding for O&M f. Statement indicating the Storm Water Control Facilities are maintained as required in the Operations and Maintenance Plan and the facilities continue to function as designed or have been repaired or replaced g. Statement describing any vector or nuisance problems GENERAL CONDITIONS 52. The developer shall sweep streets in compliance with Standard Specifications Section 13-4.03F. 53. For work requiring engineering inspections, working hours shall comply with Standard Specification Section 5-1.01. RESOLUTION NO. 20-2338 PAGE 12 54. Provide trash enclosure in compliance with Engineering Standard 9060 with solid/rain-deflecting roof. Drain of trash enclosure to tie into the grease interceptor prior to entering sanitary sewer. 55. Trash enclosure area(s) shall be screened from public view with landscaping or other appropriate screening materials, and shall be reserved exclusively for dumpster and recycling container storage. Interior vehicle travel ways shall be designed to be capable of withstanding loads imposed by trash trucks. 56. All project improvements shall be designed and constructed in accordance with the most recent version of the City of Arroyo Grande Standard Specifications and Engineering Standards. 57. Record Drawings ("as -built" plans) are required to be submitted prior to release of the Faithful Performance Bond. 58. Submit as -built plans at the completion of the project or improvements as directed by the Community Development Director in compliance with Engineering Standard 1010 Section 9.3 E. Provide One (1) set of paper prints and electronic documents on CD or flash drive in both AutoCAD and PDF format. AutoCAD drawings shall be in State plane coordinates. 59. Submit three (3) full-size paper copies and one (1) electronic PDF file of approved improvement plans for inspection purposes during construction. 60. Preserve existing survey monuments and vertical control benchmarks in compliance with Standard Specifications Section 5-1.26A. 61. Provide one (1) new vertical control survey benchmark, per City Standard, as directed by City Engineer. IMPROVEMENT PLANS 62. Public Improvement Plans, Site Civil Plans, and Maps shall be submitted to the Community Development Department Engineering Division be separate submittal from any vertical construction/structures building improvement plans. 63. Improvement plans must comply with Engineering Standard 1010 Section 1 and shall be prepared by a registered Civil Engineer or qualified specialist licensed in the State of California and approved by the Public Works Department and/or Community Development Department. The following plan sheet shall be provided: a. Site Plan i. The location and size of all existing and proposed water, sewer, and storm drainage facilities within the project site and abutting streets or alleys. RESOLUTION NO. 20-2338 PAGE 13 ii. The location, size and orientation of all trash enclosures. iii. All existing and proposed parcel lines and easements crossing the property. iv. The location and dimension of all existing and proposed paved areas. v. The location of all existing and proposed public or private utilities. vi. Location of 100 -year flood plain and any areas of inundation within project area. b. Grading Plan with Cross Sections c. Retaining Wall Plan and Profiles d. Roadway Improvements Plan and Profiles e. Storm Drainage Plan and Profile f. Utilities - Water and Sewer Plan and Profile g. Utilities — Composite Utility h. Signing and Striping i. Erosion Control j. Landscape and Irrigation Plans for Public Right -of -Way k. Tree Protection Plan I. Details m. Notes n. Conditions of Approval and Mitigation Measures o. Other improvements as required by the Community Development Director. (NOTE: All plan sheets must include City standard title blocks) p. Engineers estimate for construction cost based on County of San Luis Obispo unit cost. 64. Submit all retaining wall calculations for review and approval by the Community Development Director including any referenced geotechnical report. 65. Prior to approval of an improvement plan, the applicant shall enter into an agreement with the City for inspection of the required improvements. 66. Applicant shall fund outsourced plan and map check services, as required. 67. The applicant shall be responsible for obtaining an encroachment permit for all work within a public right-of-way (City, County and/or Caltrans). STREET IMPROVEMENTS 68. Obtain approval from the Public Works Director prior to excavating in any street recently over -laid or slurry sealed. The Director shall approve the method of repair of any such trenches, but shall not be limited to an overlay or Type 2 slurry seal. 69. Remove existing roadway striping and markers prior to any overlay or slurry seal work to the satisfaction of the Public Works Director. Use only thermoplastic roadway striping. RESOLUTION NO. 20-2338 PAGE 14 70. Upon completion of construction, a Class 2 Slurry Seal shall be provided on Orchard Street from Pilgrim Way to Castillo Del Mar. 71. Street width geometry shall comply with Engineering Standard 7010. The following streets are designated as: a. Local Road: Orchard Street 72. Staff shift changes for the facility shall be prohibited during the peak high school periods to prevent traffic impacts adjacent to the site. CURB, GUTTER, AND SIDEWALK 73. Repair concrete curb, gutter, and sidewalk along the project frontage as directed by the Community Development Director and Public Works Director. 74. Color any such new facilities as directed by the Community Development Director. 75. Install ADA compliant facilities where necessary or verify that existing facilities are compliant with State and City Standards. 76. Install tree wells with root barriers for all trees planted adjacent to curb, gutter and sidewalk to prevent damage due to root growth. 77. Any sections of damaged or displaced curb, gutter, sidewalk, or driveway approach shall be repaired or replaced to the satisfaction of the Public Works Director. 78. Drive approach shall be constructed to commercial standards using City engineering standard 2117. DEDICATIONS AND EASEMENTS 79. Provide a 10' wide public easement to the City of Arroyo Grande for all on-site fire hydrant and water mains. 80. All easements, abandonments, or similar documents, shall be prepared by the applicant on 8 1/2 x 11 City standard forms, shall be approved by the City Attorney, and shall include legal descriptions, sketches, closure calculations, and a current preliminary title report. The applicant shall be responsible for all required fees, including any additional fees required for City processing. GRADING AND DRAINAGE 81. PRIOR TO ISSUANCE OF A GRADING PERMIT, the developer shall submit one (1) copies of the final project -specific Storm Water Pollution Prevention Plan (SWPPP) or a Water Pollution Control Plan (WPCP) consistent with the San Luis Obispo Regional Water Quality Control Board (RWCB) requirements. RESOLUTION NO. 20-2338 PAGE 15 82. All grading shall be performed in accordance with the City Grading Ordinance and Standard Specifications and Engineering Standards. 83. Drainage facilities shall be designed in compliance with Engineering Standard 1010 Section 5.1.2. 84. Submit a soils report for the project prepared by a registered Civil Engineer and supported by adequate test borings. All earthwork design and grading shall be performed in accordance with the approved soils report. The date of the soils report shall be less than 3 years old at the time of submittal. 85. The applicant shall dedicate a pedestrian access easement(s) for an ADA accessible path across the driveway. 86. Infiltration basins shall be designed based on soil percolation tests. Infiltration test shall include adequate borings depth of 10 feet below proposed basin depth and frequency to support design recommendations. 87. The applicant shall submit an engineering study regarding flooding related to the project site. Any portions of the site subject to flooding from a 100 -year storm shall be shown on a recorded document, and shall be noted as a building restriction. 88. The applicant shall provide on-site storm water retardation facilities designed and constructed to Public Works and Community Development requirements, and the following: a. The 100 -year basin outflow shall not exceed the pre -development flow. b. The 100 -year basin outflow shall be limited to a level which does not cause the capacity of existing downstream drainage facilities to be exceeded. 89. The applicant shall evaluate and ensure that the existing drainage swale maintains proper flow capacity. 90. The applicant shall clean and grade the existing drainage swale. 91. The applicant shall evaluate and ensure that the existing drainage swale wall maintains a proper height. 92. The applicant shall retrofit existing drainage inlet (to remain) on Orchard Street with full capture device per RWQCB specs. 93. The applicant shall install a new drainage inlet on Orchard Street frontage. The new drainage inlet to be Filterra tree well or equivalent. RESOLUTION NO. 20-2338 PAGE 16 94. Geotechnical engineer to provide review of proposed permeable pavers with regard to manufacturer's specified compaction as well as distance from building foundations. WATER 95. The applicant shall connect an 8" water main on site to the 8" water main on Orchard Street. This main shall be looped on site to prevent a dead end. 96. Provide a proper size (3" or 4", depending on flow requirements) master water meter. 97. A Reduced Pressure Principle (RPP) backflow device is required on all water lines to the structure and/or landscape irrigation) per City standard 6420. 98. A Double Detector Check (DDC) backflow device is required on the water service line to the structure. Fire Department Connections (FDC) must be remote and locations to be approved by the Building Official and Fire Chief. 99. Provide a fire line (6" or 8", depending on flow requirements) to the project for the sprinkler system with a DDC per City standards 6410 and 6430. The DDC shall be placed inside the building or adjacent to the building. Other locations for the DDC shall be approved by the Community Development Director. 100. Non -potable water is available for purchase at the Soto Sports Complex. The cost is established by the City's most recent water rate study. The City of Arroyo Grande does not allow the use of hydrant meters. 101. Existing water services to be abandoned shall be abandoned in compliance with Engineering Standard 6050. SEWER 102. The developer shall connect to the existing maintenance hole (MH1496) on Castillo Del Mar at the Tract 2207 boundary. 103. The developer to install a double pump/motor sewer lift station (properly sized) with emergency backup power capability. Emergency backup standby generator to have automatic switch. 104. The new force main connection shall be constructed of 6" PVC -C900. 105. The maintenance hole connection shall be core drilled at invert flow into the existing channel. 106. The maintenance hole will require a protective epoxy coating. Use Epoxytech products or equivalent. RESOLUTION NO. 20-2338 PAGE 17 107. The onsite sewer system will be private, and include the force main located in the City Right of Way. A standard license agreement will be required for all private sewer systems in the City Right of Way. 108. The developer shall provide flow calculations to prove the existing 8" sewer main to Valley Road will provide sufficient flow capacity for the development including the buildout of Vista Del Mar and Heights at Vista Del Mar. 109. Developer to install a (properly sized) grease interceptor with access in the parking lot prior to flow entering the sewer lift station. 110. All sewer laterals shall comply with Engineering Standard 6810. 111. All sewer mains or laterals crossing or parallel to public water facilities shall be constructed in accordance with Standard Specifications and Engineering Standards. 112. Obtain approval from the South San Luis Obispo County Sanitation District for the development's impact to District facilities prior to permit issuance. The applicant shall be responsible for any conditions or mitigation required by the San Luis Obispo County Sanitation District 113. Obtain approval from the South San Luis Obispo County Sanitation District prior to relocation of any District facilities. 114. Submit a will -serve letter from South County Sanitary stating that the property access and location of trash receptacles is adequate for trash collection service. PUBLIC UTILITIES 115. The developer shall comply with Development Code Section 16.68.050: All projects that involve the addition of over 100 square feet of habitable space shall be required to place service connections underground - existing and proposed utilities. 116. All new and relocated dry utilities shall be shown on a utility plan. 117. Prior to approving any building permit within the project for occupancy, all conditions of approval for project shall be satisfied. 118. Public Improvement plans shall be submitted to the public utility companies for review and approval. Utility comments shall be forwarded to the Director of Public Works for approval. 119. Street lighting shall comply with Engineering Standard 1010 Section 3.1.2.Q. RESOLUTION NO. 20-2338 PAGE 18 TREE PRESERVATION/TREE REMOVAL PLAN 120. Prior to issuance of grading permit and during construction the applicant shall comply with the provisions of Ordinance 431 C.S., the Community Tree Ordinance. 121. Prior to issuance of a grading or building permit, the developer shall submit a tree preservation and tree removal plan to the Director of Public Works/City Arborist for undeveloped parcels or lots with trees. The plan shall include the location, size and species of all trees located on the lot or on adjoining lots, where development could affect the roots or limbs of trees on adjacent property. 122. All significant trees to be removed as designated by the Director of Public Works/City Arborist shall be replaced at a 3:1 ratio and planted on site. With the approval of the Public Works Director, tree removal shall be mitigated by planting on site, off-site, or payment of in -lieu fees (at the current street tree fee rate for a 15 -gallon tree). Larger trees may be required to mitigate tree removal. Prior to occupancy, all trees shall be planted or fees paid. 123. Prior to any work on the site, all trees to remain on site shall be marked with paint/ribbon and protected by a five (6) foot vinyl or chain link fence. The fence shall be located at a minimum of eight (8') foot radius from the trunk of the tree. 124. Oak tree diameter to be measured at 4' up from base of trunk. 125. Oak tree dripline is 1 foot away from trunk for every inch of diameter. 126. All trenching or other excavation within dripline of oak trees shall be performed by hand digging. All excavation within tree dripline to be observed by a certified arborist. 127. Roots with a diameter of 2" or greater will be cut cleanly by handsaw. All root cutting to be observed by a certified arborist. 128. No driving or parking of equipment or vehicles within the dripline of oak trees during grading and construction. 129. No storage of materials, soil, or trash within the dripline of oak trees. 130. No washout/cleanup of materials or equipment within the dripline of oak trees. 131. Ensure sufficient vertical clearance for the fire lane with existing oak tree on southeast corner of development, consistent with all other tree pruning and maintenance requirements of these conditions of approval and the City's Community Tree Ordinance. RESOLUTION NO. 20-2338 PAGE 19 PUBLIC SAFETY 132. Prior to issuance of building permit, applicant to submit exterior lighting plan for Police Department approval. 133. Prior to issuance of a certificate of occupancy, the applicant shall post accessible parking signage, per California Building Code Section 11A and other applicable standards. 134. Prior to issuance of a certificate of occupancy, the applicant shall install a burglary alarm system per Police Department guidelines, and pay the Police Department alarm permit application fee of ($94.00). Annual renewal fee is $31.00. 135. Prior to issuance of a certificate of occupancy, for any parking lots available to the public located on private lots, the developer shall post private property "No Parking" signs in accordance with the handout available from the Police Department. FEES AND BONDS The applicant shall pay all applicable City fees, including the following: 136. FEES TO BE PAID PRIOR TO PLAN SUBMITTAL a. Plan check for grading plans (Based on an approved earthwork estimate). b. Plan check for improvement plans (Based on an approved construction cost estimate). c. Permit Fee for grading plans (Based on an approved earthwork estimate). d. Inspection Fee for public works construction plans (Based on an approved construction cost estimate). e. Plan Review Fee (Based on the current Building Division fee schedule. NOTE: The applicant is responsible to pay all fees associated with outside plan review consultants) 137. FEES TO BE PAID PRIOR TO ISSUANCE OF A BUILDING PERMIT a. Water Neutralization fee, to be based on codes and rates in effect at the time of building permit issuance, involving water connection or enlargement of an existing connection. b. Water Distribution fee, to be based on codes and rates in effect at the time of building permit issuance. c. Water Meter charge to be based on codes and rates in effect at the time of building permit issuance. d. Water Availability charge, to be based on codes and rates in effect at the time of building permit issuance. e. Traffic Impact fee, to be based on codes and rates in effect at the time of building permit issuance. f. Traffic Signalization fee, to be based on codes and rates in effect at the RESOLUTION NO. 20-2338 PAGE 20 time of building permit issuance. g. Sewer Connection fee, to be based on codes and rates in effect at the time of building permit issuance. h. South San Luis Obispo County Sanitation District Connection fee. i. Drainage fee, as required by the area drainage plan for the area being developed. j. Park Development fee, the developer shall pay the current parks development fee for each unit approved for construction (credit shall be provided for existing houses), to be based on codes and rates in effect at the time of building permit issuance. k. Construction Tax, the applicant shall pay a construction tax. I. Alarm Fee, to be based on codes and rates in effect at the time of development. m. Strong Motion Instrumentation Program (SMIP) Fee, to be based on codes and rates in effect at the time of development. n. Building Permit Fee, to be based on codes and rates in effect at the time of development. 138. FEES TO BE PAID OR LAND DEDICATED PRIOR TO OCCUPANCY: a. Affordable Housing in Lieu fee, in accordance with Chapter 16.80 of the Development Code. 139. Applicants shall pay a pro -rata share of the estimated costs for construction of two roundabouts at the intersection of East Grand Avenue/U.S. Highway 101 northbound ramps and the intersection of East Branch Street and Traffic Way. The pro -rata share shall be based upon the anticipated number of trips generated by the facility as a percentage of the capacity of the roundabouts. BONDING SURETY 140. Erosion Control, prior to issuance of the grading or building permit, all new residential construction requires posting of a $1,200.00 performance bond for erosion control and damage to the public right-of-way. This bond is refundable upon successful completion of the work, less expenses incurred by the City in maintaining and/or restoring the site. 141. The applicant shall provide bonds or other financial security for the public improvements and site grading. All bonds or security shall be in a form acceptable to the City, and shall be provided prior to release of grading or building permits, unless noted otherwise. The minimum term for Improvement securities shall be equal to the term of the improvement agreement. a. Faithful Performance, 100% of the approved estimated cost of all public improvements and grading. b. Erosion Control and Landscape, 100% of the approved estimated RESOLUTION NO. 20-2338 PAGE 21 cost of all erosion control work during construction and the estimated cost of all final landscaping after construction is complete. This bond is refundable upon successful completion of the work, less expenses uncured by the City in maintaining and/or restoring the site. c. Labor and Materials, 50% of the approved estimated cost of all subdivision improvements. d. One Year Guarantee, 10% of the approved estimated cost of all subdivision improvements. This bond is required prior to acceptance of the subdivision improvements. e. Monumentation, 100% of the estimated cost of setting survey monuments. f. Tax Certificate, the applicant shall furnish a certificate from the tax collector's office indicating that there are no unpaid taxes or special assessments against the property g. Accessory Structures, the applicant shall remove or bond for removal of all accessory structures not sharing a parcel with a residence. h. Curb cuts, the applicant shall construct or bond for construction of individual curb cuts and paved driveways for site access. MITIGATION MEASURES A negative declaration with mitigation measures has been adopted for this project. The following mitigation measures shall be implemented as conditions of approval and shall be monitored by the appropriate City department or responsible agency. The applicant shall be responsible for verification in writing by the monitoring department or agency that the mitigation measures have been implemented. 145. MM III -1: On -road diesel vehicles shall comply with Section 2485 of Title 13 of the California Code of Regulations. This regulation limits idling from diesel -fueled commercial motor vehicles with gross vehicular weight ratings of more than 10,000 pounds and licensed for operation on highways. It applies to California and non - California based vehicles. In general, the regulation specifies that drivers of said vehicles: Shall not idle the vehicle's primary diesel engine for greater than 5 minutes at any location. Shall not operate a diesel -fueled auxiliary power system (APS) to power a heater, air conditioner, or any ancillary equipment on that vehicle during sleeping or resting in a sleeper berth for greater that 5 minutes at any location when within 1,000 feet of a restricted area. Responsible Party: Monitoring Agency: Timing: Developer City of Arroyo Grande — Public Works Department During Construction Engineering Division, RESOLUTION NO. 20-2338 PAGE 22 146. MM III -2: Off-road diesel equipment shall comply with the 5 -minute idling restriction identified in Section 2449(d)(2) of the California Air Resources Board's In -Use Off -Road Diesel regulation. Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — Engineering Division, Public Works Department Timing: During Construction 147. MM III -3: Signs must be posted in the designated queuing areas and job sites to remind drivers and operators of the State's 5 -minute idling limit. Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — Engineering Division, Public Works Department Timing: During Construction 148. MM III -4: The project applicant shall comply with these more restrictive requirements to minimize impacts to nearby sensitive receptors (adjacent residential development, high school): • Staging at queuing areas shall not be located within 1,000 feet of sensitive receptors; • Diesel idling within 1,000 feet of sensitive receptors shall not be permitted; • Use of alternative fueled equipment is recommended; and • Signs that specify no idling areas must be posted and enforced at the site. Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — Engineering Division, Public Works Department Timing: During Construction 149. MM III -5: The project shall implement the following mitigation measures to manage nitrogen oxide (NOx), reactive organic cases (ROG), and diesel particulate matter (DPM) emissions: • Maintain all construction equipment in proper tune according to manufacturer's specifications; • Fuel all off-road and portable diesel powered equipment with ARB certified motor vehicle diesel fuel (non -taxed version suitable for use off-road); • Use diesel construction equipment meeting ARB's Tier 2 certified engines or cleaner off-road heavy-duty diesel engines, and comply with the State Off -Road Regulation; RESOLUTION NO. 20-2338 PAGE 23 • Use on -road heavy-duty diesel engines, and comply with the State On -Road Regulation; • Construction or trucking companies with fleets that do not have engines in their fleet that meet the engine standards identified in the above two measures (e.g. captive or NOx exempt area fleets) may be eligible by proving alternative compliance; • Electrify equipment when feasible; • Substitute gasoline -powered in place of diesel -powered equipment, where feasible; and • Use alternatively fueled construction equipment on-site where feasible, such as compressed natural gas (CNG), liquefied natural gas (LNG), propane or biodiesel. Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — Engineering Division, Public Works Department Timing: During Construction 150. MM III -6: The project shall implement the following mitigation measures to manage fugitive dust emissions such that they do not exceed the APCD's 20% opacity limit (APCD Rule 401) or prompt nuisance violations (APCD Rule 402): • Reduce the amount of the disturbed area where possible; • Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site and from exceeding the APCD's limit of 20% opacity for greater than 3 minutes in any 60 -minute period. Increased watering frequency would be required when wind speeds exceed 15 mph. Reclaimed (non -potable) water shall be used; • All dirt stock pile areas should be sprayed daily and covered with tarps or other dust barriers as needed; • Permanent dust control measures identified in the approved project revegetation and landscape plans shall be implemented as soon as possible, following completion of any soil disturbing activities; • Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading should be shown with a fast germinating, non-invasive, grass seed and watered until vegetation is established; • All disturbed soil areas not subject to revegetation should be stabilized using approved chemical soil binders, jute netting, or other methods approved in advance by the APCD; • All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used; • Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site; RESOLUTION NO. 20-2338 PAGE 24 • All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23.114; • Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and equipment leaving the site; • Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers shall be used with reclaimed water should be used where feasible. Roads shall be pre -wetted prior to sweeping when feasible; • A listing of all required mitigation measures should be included on grading and building plans; and, • The contractor or builder shall designate a person or persons to monitor the fugitive dust emissions and enhance the implementation of the measures as necessary to minimize dust complaints, reduce visible emissions below the APCD's limit of 20% opacity for greater than 3 minutes in any 60 -minute period. Their duties shall include holidays and weekend periods when work may not be in progress. The name and telephone number of such persons shall be provided to the APCD Compliance Division prior to the start of any grading, earthwork or demolition. Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — Engineering Division, Public Works Department Timing: Prior to start of work and during construction 151. MM III -7: Prior to the start of the project, the applicant shall obtain all necessary permits for equipment to be used during construction by contacting the APCD Engineering Division at (805) 781-5912. Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — Engineering Division, Public Works Department, APCD Timing: Prior to issuance of grading permit 152. MM III -8: Burning of vegetative material on the development site shall be prohibited. Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — Engineering Division, Public Works Department Timing: During Construction 153. MM III -9: Should hydrocarbon -contaminated soil be encountered during construction activities, the APCD shall be notified within forty-eight (48) hours of such contaminated soil being discovered to determine if an APCD permit is RESOLUTION NO. 20-2338 PAGE 25 required. In addition, the following measures shall be implemented immediately after contaminated soil is discovered: • Covers on storage piles shall be maintained in place at all times in areas not actively involved in soil addition or removal. • Contaminated soil shall be covered with at least six (6) inches of packed, uncontaminated soil or other TPH — non -permeable barrier such as plastic tarp. No headspace shall be allowed where vapors could accumulate. • Covered piles shall be designed in such a way as to eliminate erosion due to wind or water. No openings in the covers are permitted. • During soil excavation, odors shall not be evident to such a degree as to cause a public nuisance. • Clean soil must be segregated from contaminated soil. Responsible Party: Monitoring Agency: Timing: Developer City of Arroyo Grande — Public Works Department During Construction Engineering Division, 154. MM III -10: The project shall implement a minimum of eight (8) Standard Mitigation Measures as stated in Table 3-5 of the APCD's 2012 CEQA Handbook. Responsible Party: Monitoring Agency: Timing: Developer City of Arroyo Grande — Public Works Department During Construction Engineering Division, 155. MM III -11: Prior to any demolition at the site, the applicant shall obtain a Notification of Demolition and Renovation form approved by the APCD. Responsible Party: Monitoring Agency: Timing: Developer City of Arroyo Grande — Public Works Department During Construction Engineering Division, 156. MM III -12: Proposed truck routes shall be evaluated and selected to ensure routing patterns have the least impact to residential dwellings and other sensitive receptors, such as schools, parks, day care centers, nursing homes, and hospitals. Responsible Party: Monitoring Agency: Timing: Developer City of Arroyo Grande — Engineering Division, Public Works Department During Construction RESOLUTION NO. 20-2338 PAGE 26 157. MM V-1: If a potentially significant cultural resource is encountered during subsurface earthwork activities, all construction activities within a 100 -foot radius of the find shall cease until a qualified archaeologist determines whether the uncovered resource requires further study. A standard inadvertent discovery clause shall be included in every grading and construction contract to inform contactors of this requirement. Any previously undiscovered resources found during construction shall be recorded on appropriate California Department of Parks and Recreation (DPR) forms and evaluated for significance in terms of California Environmental Quality Act criteria by a qualified archaeologist. Potentially significant cultural resources consist of, but are not limited to, stone, bone, glass, ceramic, wood, or shell artifacts; fossils; or features including hearths, structural remains, or historic dumpsites. If the resources is determined significant under CEQA, the qualified archaeologist shall prepare and implement a research design and archaeological data recovery plan that will capture those categories of data for which the site is significant. The archaeologist shall also perform appropriate technical analysis, prepare a comprehensive report, and file it with the appropriate Information Center and provide for the permanent curation of the recovered materials. Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — Engineering Division, Public Works Department Timing: During Construction 158. MM V-2: If human remains are encountered during earth -disturbing activities, all work in the adjacent area shall stop immediately and the San Luis Obispo County Coroner's office shall be notified. If the remains are determined to be Native American in origin, the Native American Heritage Commission shall be notified and will identify the Most Likely Descendent, who will be consulted for recommendations for treatment of the discovered remains. Responsible Party: Monitoring Agency: Timing: Developer City of Arroyo Grande — Public Works Department During Construction Engineering Division, 159. MM VII -1: All construction plans shall incorporate the recommendations of the geotechnical study prepared for the project by GeoSolutions Inc, dated 2018. Responsible Party: Monitoring Agency: Timing: Developer City of Arroyo Grande — Engineering Division, Public Works Department During Construction 160. MM VIII -1: Prior to issuance of a building permit, all construction plans shall incorporate the following GHG-reducing measures where applicable: RESOLUTION NO. 20-2338 PAGE 27 • Incorporate outdoor electrical outlets to encourage the use of electric appliances and tools. • Provide shade tree planting in parking lots to reduce evaporative emissions from parked vehicles. Design should provide 50% tree coverage within 10 years of construction using low ROG emitting, low maintenance native drought resistant trees. • No residential wood burning appliances. • Trusses for south -facing portions of roofs shall be designed to handle dead weight loads of standard solar -heated water and photovoltaic panels. Roof design shall include sufficient south -facing roof surface, based on structures size and use, to accommodate adequate solar panels. For south facing roof pitches, the closest standard roof pitch to the ideal average solar exposure shall be used. • Increase the building energy rating by 20% above Title 24 requirements. Measures used to reach the 20% rating cannot be double counted. • Plant drought tolerant, native shade trees along southern exposures of buildings to reduce energy used to cool buildings in summer. • Utilize green building materials (materials which are resource efficient, recycled, and sustainable) available locally if possible. • Install high efficiency heating and cooling systems. • Design building to include roof overhangs that are sufficient to block the high summer sun, but not the lower winter sun, from penetrating south facing windows (passive solar design). • Utilize high efficiency gas or solar water heaters. • Utilize built-in energy efficient appliances (i.e. Energy Star®). • Utilize double -paned windows. • Utilize energy efficient interior lighting. • Install energy -reducing programmable thermostats. • Use roofing material with a solar reflectance values meeting the EPA/DOE Energy Star® rating to reduce summer cooling needs. • Eliminate high water consumption landscape (e.g., plants and lawns) in residential design. Use native plants that do not require watering and are low ROG emitting. • Provide on-site bicycle racks for employees and visitors. Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — Planning, Building, and Engineering Divisions, Community Development Department Timing: Prior to issuance of a building permit. 161. MM X-1: The following BMPs shall be incorporated into the project: RESOLUTION NO. 20-2338 PAGE 28 • Run-off Control: Maintain post -development peak runoff rate and average volume of runoff at levels that are similar to pre -development levels. • Labeling and Maintenance of Storm Drain Facilities: Label new storm drain inlets with "No Dumping — Drains to Ocean" to alert the public to the destination of stormwater and to prevent direct discharge of pollutants into the storm drain. • Common Area Litter Control: Implement a trash management and littler control program to prevent litter and debris from being carried to water bodies or the storm drain system. • Food Service Facilities: Design the food service facility to have a sink or other area for cleaning floor mats, containers, and equipment that is connected to a grease interceptor prior to discharging to the sanitary sewer system. The cleaning area shall be large enough to clean the largest mat or piece of equipment to be cleaned • Refuse Areas: Trash compactors, enclosures and dumpster areas shall be covered and protected from roof and surface drainage. Install a self- contained drainage system that discharges to the sanitary sewer if water cannot be diverted from the areas. • Outdoor Storage Controls: Oils, fuels, solvents, coolants, and other chemicals stored outdoors must be in containers and protected from drainage by secondary containment structures such as berms, liners, vaults or roof covers and/or drain to the sanitary sewer system. Bulk materials stored outdoors must also be protected from drainage with berms and covers. Process equipment stored outdoors must be inspected for proper function and leaks, stored on impermeable surfaces and covered. Implement a regular program of sweeping and litter control and develop a spill cleanup plan for storage areas. • Cleanin-g, Maintenance and Processina Controls: Areas used for washing, steam cleaning, maintenance, repair or processing must have impermeable surfaces and containment berms, roof covers, recycled water wash facility, and discharge to the sanitary sewer. Discharges to the sanitary sewer may require pretreatment systems and/or approval of an industrial waste discharge permit. • Street/parking lot Sweeping: Implement a program to regularly sweep streets, sidewalks and parking lots to prevent the accumulation of littler and debris. Debris resulting from pressure washing should be trapped and collected to prevent entry into the storm drain system. Wash water RESOLUTION NO. 20-2338 PAGE 29 containing any cleaning agent or degreaser should be collected and discharged to the sanitary sewer. Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — Planning, Building, and Engineering Divisions Timing: Prior to issuance of a Building Permit and maintained throughout the life of the project 162. MM XIII -1: Construction activities shall be restricted to between the hours of 8 a.m. and 5 p.m. Monday through Friday. No construction shall occur on Saturday or Sunday. Equipment maintenance and servicing shall be confined to the same hours. To the greatest extent possible, grading and construction activities should occur during the middle of the day to minimize the potential for disturbance of noise to neighboring sensitive uses. Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — Planning, Building, and Engineering Divisions Timing: During construction 163. MM XIII -2: All equipment will have sound -control devices that are no less effective than those provided on the original equipment. No equipment will have an unmuf led exhaust. Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — Planning, Building, and Engineering Divisions Timing: During construction 164. MM XIII -3: Equipment mobilization areas, watertanks, and equipment storage areas shall be placed in a central location as far from sensitive receptors as feasible. Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — Planning, Building, and Engineering Divisions Timing: During construction 165. MM XVII -1: The developer shall pay pro -rata share contributions for the roundabout improvements at the Fair Oaks Avenue/Orchard Street/US 101 Southbound off -ramp intersection. Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — Planning, Building, and Engineering Divisions Timing: During construction RESOLUTION NO. 20-2338 PAGE 30 166. MMXVII-2: Shift changes at the proposed senior living facility shall be prohibited during Arroyo Grande High School peak periods. Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — Planning, Building, and Engineering Divisions Timing: Life of the Project 167. MM XVIII -1: Implement MM -CUL -1 through CUL -2 Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — Planning, Building, and Engineering Divisions Timing: During construction 168. MM XIX: The development shall include the Low Impact Development, water conserving fixtures, and water conserving landscape strategies identified in the Water Conservation Plan (In Balance 2017). Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — Planning, Building, and Engineering Divisions Timing: During construction