HomeMy WebLinkAbout05-17-2016 Agenda Packet updated
Tuesday, May 17, 2016
4:00 PM
REGULAR MEETING
Council Chamber
990 Palm Street
San Luis Obispo Page 1
CALL TO ORDER: Mayor Jan Marx
ROLL CALL: Council Members John Ashbaugh, Carlyn Christianson, Dan
Rivoire, Vice Mayor Dan Carpenter, and Mayor Jan Marx
PUBLIC HEARINGS
1. CONSIDERATION OF A NEW RESIDENTIAL SUBDIVISION (VESTING
TENTATIVE TRACT MAP #3083) LOCATED AT ORCUTT AND TANK FARM
ROADS IN THE ORCUTT AREA SPECIFIC PLANNING AREA (OASP) AND
CONSIDERATION OF AN INITIAL STUDY AND MITIGATED NEGATIVE
DECLARATION (IS-MND), AS A TIER OFF THE OASP FINAL EIR (2010) (WEST
CREEK) (CODRON/WATSON – 60 MINUTES)
Recommendation
As recommended by the Planning Commission:
1. Adopt a Resolution entitled “A Resolution of the City Council of the City of San
Luis Obispo, California, adopting a mitigated negative declaration of environmental
determination for Vesting Tentative Tract Map No. 3083 creating 77 lots for
property located at 1299 Orcutt Road (SBDV-1769-2015, Tract #3083 a.k.a. “West
Creek.”; and
2. Adopt a Resolution entitled “A Resolution of the City Council of the City of San
Luis Obispo, California, approving Vesting Tentative Tract Map No. 3083 creating
77 lots for property located at 1299 Orcutt Road (SBDV-1769-2015, Tract #3083
a.k.a. “West Creek.”
Also, as recommended by the Planning Commission, the Council should consider the
following directional items for future processing:
San Luis Obispo City Council Agenda May 17, 2016 Page 2
3. To be considered by the Architectural Review Commission during Final Design
Review of the project as follows:
a. Consider prohibiting a swimming pool as part of the project; and,
b. Provide special attention to reducing heights of retaining walls in the final
design.
CLOSED SESSION
PUBLIC COMMENT ON CLOSED SESSION ITEM
A. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section
54956.9:
No. of potential cases: One.
A point has been reached where, in the opinion of the legislative body of the local agency on the
advice of its legal counsel, based on existing facts and circumstances, there is a significant
exposure to litigation against the local agency. The existing facts and circumstances exposing
the City to litigation include allegations by the group California River Watch in a letter to the
City from its counsel, Jack Silver, that the City has committed violations of the Clean Water
Act. A copy of the letter is available upon request from the City Clerk’s Office.
ADJOURN TO REGULAR MEETING OF MAY 17, 2016 TO BEGIN AT 6:00 P.M.
San Luis Obispo City Council Agenda May 17, 2016 Page 3
6:00 PM
REGULAR MEETING
Council Chamber
990 Palm Street
CALL TO ORDER: Mayor Jan Marx
ROLL CALL: Council Members John Ashbaugh, Carlyn Christianson, Dan
Rivoire, Vice Mayor Dan Carpenter, and Mayor Jan Marx
PLEDGE OF ALLEGIANCE: Vice Mayor Carpenter
CITY ATTORNEY REPORT ON CLOSED SESSION
INTRODUCTIONS
2. INTRODUCTION OF NEW HIRES IN COMMUNITY DEVELOPMENT (CODRON
– 10 MINUTES)
Community Development Director Codron to introduce the following employees:
Rebecca Cox, Supervising Administrative Assistant
Elizabeth Farrington, Code Enforcement Technician II
Paula Frojae, Building Inspector I
Gary McNanna, Code Enforcement Technician II
John Mezzapesa, Code Enforcement Officer I
PRESENTATIONS
3. MAYOR'S AWARDS FOR COMMUNITY SERVICE (MARX – 10 MINUTES)
Presentation of the Mayor's Awards for Community Service to San Luis Obispo High
School students for completing eighty hours or more of community service.
4. PROCLAMATION - NATIONAL PUBLIC WORKS WEEK (MARX/GRIGSBY – 5
MINUTES)
Presentation of a Proclamation to Daryl Grigsby, Public Works Director, declaring May 15 -
21, 2016 as "National Public Works Week."
San Luis Obispo City Council Agenda May 17, 2016 Page 4
5. PRESENTATION BY COURTNEY KIENOW REPRESENTING CAL POLY,
REGARDING AN UPDATE ON CAL POLY INFRASTRUCTURE PROJECTS
(MARX/KIENOW – 10 MINUTES)
PUBLIC COMMENT PERIOD FOR ITEMS NOT ON THE AGENDA (not to exceed 15
minutes total)
The Council welcomes your input. You may address the Council by completing a speaker slip
and giving it to the City Clerk prior to the meeting. At this time, you may address the Council
on items that are not on the agenda. Time limit is three minutes. State law does not allow the
Council to discuss or take action on issues not on the agenda, except that members of the
Council or staff may briefly respond to statements made or questions posed by persons
exercising their public testimony rights (gov. Code sec. 54954.2). Staff may be asked to
follow up on such items.
CONSENT AGENDA
A member of the public may request the Council to pull an item for discussion. Pulled items
shall be heard at the close of the Consent Agenda unless a majority of the Council chooses
another time. The public may comment on any and all items on the Consent Agenda within the
three minute time limit.
6. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES
Recommendation
Waive reading of all resolutions and ordinances as appropriate.
7. MINUTES OF MARCH 15, MARCH 22, AND MARCH 23, 2016 (MAIER)
Approve the Minutes of the City Council meetings of March 15, March 22, and March 23,
2016.
8. NOVEMBER 8, 2016 REGULAR MUNICIPAL ELECTION (PRICE)
Recommendation
1. Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis
Obispo, California, calling and giving notice of the holding of a General Municipal
Election to be held on Tuesday, November 8, 2016, for the election of certain officers as
required by the provisions of the City Charter and adopting regulations for Candidates’
Statements; and
San Luis Obispo City Council Agenda May 17, 2016 Page 5
2. Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis
Obispo, California, requesting the San Luis Obispo Board of Supervisors to consolidate
the General Municipal Election on Tuesday, November 8, 2016, with the Statewide
General Election to be held on that date.”; and
3. Confirm the setting of a Special Meeting on Thursday, December 1, 2016 at twelve
o’clock noon to adopt a Resolution certifying the results of the election and to administer
oaths of office to the newly elected Mayor and Council Members.
9. 2016 U.S. DOJ FEDERAL BODY WORN CAMERA PROGRAM EXPANSION AND
IMPLEMENTATION GRANT (CANTRELL/STORTON)
Recommendation
1. Authorize staff to pursue a grant application submitted to the U.S. Department of Justice,
Office of Justice Programs, Bureau of Justice Assistance, for federal fiscal years 2016-2018
in a total amount not to exceed $150,000, with the City providing a 50% match (no more
than $75,000) for body worn camera program expansion and implementation; and
2. Authorize the City Manager to execute the necessary grant documents, and appropriate the
grant amount into the Police Department’s budget upon grant award.
10. DESIGN SERVICES FOR CALLE JOAQUIN LIFT STATION REPLACEMENT,
SPEC. NO. 91133, CONTRACT AMENDMENT NO. 5 (MATTINGLY/HIX/METZ)
Recommendation
1. Approve a contract amendment of $13,089 for additional Design Services for the Calle
Joaquin Siphon and Lift Station Replacement, Spec. No. 91133; and
2. Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis
Obispo, California, approving a mitigated negative declaration of environmental impact
for the Calle Joaquin Lift Station and Siphon Project.”
11. AMENDMENT OF CONTRACT FOR CONSULTING SERVICES TO CONTINUE
PROCESSING THE SAN LUIS RANCH PROJECT (CODRON/DAVIDSON/RYAN)
Recommendation
Authorize the Community Development Director to amend a contract with John F.
Rickenbach Consulting to include revised scope of work adding an additional $85,725 at a
total cost not to exceed $146,475 for Phase Two processing of the San Luis Ranch project.
San Luis Obispo City Council Agenda May 17, 2016 Page 6
12. ORDINANCE NO. 1629 (SECOND READING) - AMEND TABLE 9 OF SECTION
17.22.010 OF THE CITY’S MUNICIPAL CODE (ZONING REGULATIONS)
CONDITIONALLY PERMITTING A NIGHT CLUB LAND USE WITHIN THE
BUSINESS PARK (B-P) ZONE IN THE AIRPORT AREA SPECIFIC PLAN AREA
(SLO BREW) (CODRON/COHEN)
Recommendation
Adopt Ordinance No. 1629 (2016 Series) entitled “An Ordinance of the City Council of the
City of San Luis Obispo, California, amending Table 9 of Section 17.22.010 of the City’s
Municipal Code (Zoning Regulations) conditionally permitting a night club land use within
the Business Park (B-P) Zone in the Airport Area Specific Plan Area (Code-1316-2015).”
13. DIRECTED GIVING CAMPAIGN - MAKE CHANGE COUNT” METER
DONATION PROGRAM (CANTRELL/STORTON)
Recommendation
Approve a permanent continuance of the “Make Change Count” meter donation program.
14. REQUEST FOR PROPOSALS FOR BANKING SERVICES (JOHNSON/WARNER)
Recommendation
Approve the issuance of a Request for Proposals (RFP) for banking services to be sent to a ll
bank and savings and loan institutions with full-service branches located in the City of San
Luis Obispo.
15. MAINTENANCE WORK JOB ORDER CONTRACT 2016, SPECIFICATION NO.
91446 (GRIGSBY/ATHEY)
Recommendation
1. Approve Special Provisions for Maintenance Work Job Order Contract 2016,
Specification No. 91446; and
2. Authorize staff to advertise for bids and authorize the City Manager to award the
contract to the lowest responsible bidder.
San Luis Obispo City Council Agenda May 17, 2016 Page 7
16. AMENDMENT TO CONSTRUCTION MANAGEMENT SERVICES AGREEMENT
WITH MNS ENGINEERS FOR LOS OSOS VALLEY ROAD AT US 101
INTERCHANGE IMPROVEMENT PROJECT, SPECIFICATION NO. 99821
(GRIGSBY/ROWLAND)
Recommendation
Authorize the City Manager to execute Amendment No. 3 to the Construction Management
Services Agreement with MNS Engineers, dated July 1, 2014, increasing the contract by
$175,806, bringing the total contract allowable monthly cumulative payments from
$2,650,224 to $2,826,030 for the remainder of the contract.
17. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CURB RAMPS 2016
PROJECT, SPECIFICATION NO. 91445 (GRIGSBY/ATHEY)
Recommendation
1. Approve Plans and Specifications for the Community Development Block Grant (CDBG)
Curb Ramps 2016 Project, Specification No. 91445; and
2. Authorize staff to advertise for bids and authorize the City Manager to award the contract
if the lowest responsible bid is within the Engineer’s Estimate of $118,000.
18. ROADWAY SEALING 2016, SPECIFICATION NO. 91311 (GRIGSBY/ATHEY)
Recommendation
1. Approve plans and specifications for the Roadway Sealing 2016 Project, Specification No.
91311; and
2. Authorize staff to advertise for bids and authorize the City Manager to award the contract if
the lowest responsible bid is within the Engineer’s Estimate of $1,199,705.
19. AUTHORIZE USE OF FUNDS FOR CONTINUING LITIGATION (DIETRICK)
Recommendation
Authorize the City Attorney to execute a Second Amendment to the Legal Services
Agreement with the law firm of Jarvis, Fay, Doporto (Original Agreement dated March 31,
2015; First Amendment dated August 17, 2015) increasing the not to exceed amount from
$50,000 to $75,000, for the City’s legal defense in the case of Palacios, et al. v. Nielsen, et
al., as authorized by the City Council and reported out of closed session on March 31, 2015.
San Luis Obispo City Council Agenda May 17, 2016 Page 8
20. CORRECTION TO CITY COUNCIL MEETING MINUTES OF JANUARY 19, 2016
(MAIER)
Recommendation
Approve the corrected minutes of January 19, 2016.
BUSINESS ITEMS
21. ANNUAL REPORT REGARDING RENTAL HOUSING INSPECTION PROGRAM
(CODRON/PURRINGTON – 120 MINUTES)
Recommendation
1. Receive and file the annual report regarding the Rental Housing Inspection Program.
(RHIP); and
2. Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis
Obispo, California, extending the deadline for the amnesty period for waiver of the
special investigation fee and clarifying the interpretation and scope of the definition of
“Residential Rental Dwelling Unit” in section 15.10.020 of the San Luis Obispo
Municipal Code.”
COUNCIL LIAISON REPORTS
(Not to exceed 15 minutes) Council Members report on conferences or other City activities.
Time limit—3 minutes each.
COUNCIL COMMUNICATIONS
(Not to exceed 15 minutes) At this time, any Council Member or the City Manager may ask a
question for clarification, make an announcement, or report briefly on his or her activities. In
addition, subject to Council Policies and Procedures, they may provide a reference to staff or
other resources for factual information, request staff to report back to the Council at a
subsequent meeting concerning any matter, or take action to direct staff to place a matter of
business on a future agenda. (Gov. Code Sec. 54954.2)
San Luis Obispo City Council Agenda May 17, 2016 Page 9
ADJOURNMENT
Adjourn to a Special Meeting to be held on Tuesday, May 24, 2016 at 8:30 a.m. in the Council
Hearing Room, located at 990 Palm Street, San Luis Obispo, California, for the purpose of
conducting a closed session related to negotiations.
The Regular City Council Meeting of June 7, 206 was previously cancelled. Consequently, the
next Regular City Council Meetings are scheduled for Tuesday, June 14, 2016 at 4:00 p.m. and
6:00 p.m., in the Council Chamber, respectively, 990 Palm Street, San Luis Obispo, California.
LISTENING ASSISTIVE DEVICES are available for the hearing impaired--please see City Clerk.
The City of San Luis Obispo wishes to make all of its public meetings accessible to the
public. Upon request, this agenda will be made available in appropriate alternative formats to
persons with disabilities. Any person with a disability who requires a modification or
accommodation in order to participate in a meeting should direct such request to the City
Clerk’s Office at (805) 781-7100 at least 48 hours before the meeting, if possible.
Telecommunications Device for the Deaf (805) 781-7107.
City Council regular meetings are televised live on Charter Channel 20. Agenda related
writings or documents provided to the City Council are available for public inspection in the
City Clerk’s Office located at 990 Palm Street, San Luis Obispo, California during normal
business hours, and on the City’s website www.slocity.org. Persons with questions concerning
any agenda item may call the City Clerk’s Office at (805) 781-7100.
Page intentionally left
blank.
Meeting Date: 5/17/2016
FROM: Michael Codron, Community Development Director
Prepared By: David Watson, Consulting Project Planner
SUBJECT: CONSIDERATION OF A NEW RESIDENTIAL SUBDIVISION (VESTING
TENTATIVE TRACT MAP #3083) LOCATED AT ORCUTT AND TANK
FARM ROADS IN THE ORCUTT AREA SPECIFIC PLANNING AREA
(OASP) AND CONSIDERATION OF AN INITIAL STUDY AND
MITIGATED NEGATIVE DECLARATION (IS-MND), AS A TIER OFF THE
OASP FINAL EIR (2010)
RECOMMENDATION
As recommended by the Planning Commission, the City Council should adopt the following:
1. A Resolution approving a Mitigated Negative Declaration of Environmental Impact for
the project (Attachment A); and
2. A Resolution approving a Vesting Tentative Tract Map (No. 3083) creating 77 lots and
up to 172 residential units at 1299 Orcutt Road (a.k.a. “West Creek”; Application No.
SBDV-1769-2015) as conditioned therein (Attachment B); and,
Also, as recommended by the Planning Commission, the Council should consider the following
directional items for future processing:
3. To be considered by the Architectural Review Commission (ARC) during Final Design
Review of the project as follows:
a. Consider prohibiting a swimming pool as part of the project; and,
b. Provide special attention to reducing heights of retaining walls in the final design.
1
Packet Pg. 10
SITE DATA
Applicant Robbins|Reed
Representative Randy Russom, RRM Design Group
Submittal Date July 28, 2015
Complete Date March 9, 2016
Zoning R-2-SP (Medium Density Residential,
Specific Plan) & R-4-SP (High Density
Residential, Specific Plan)
General Plan Medium & High Density Residential
Site Area 18.3 acres
Environmental
Status
Mitigated Negative Declaration
recommended for adoption.
REPORT-IN-BRIEF
The subject project is before the City Council to take action on a request for a Vesting Tentative
Tract Map (VTM#3083) subdividing up to 77 lots to include 1 lot for 105 condominium units, 67
single-family detached units and 9 lots for open space, parks and a street extension. The
proposed project is located in the Orcutt Planning Area, and subject to the standards of the Orcutt
Area Specific Plan (OASP). This application includes a series of proposals for architectural
design, site planning of residential uses, parklands, open space, and circulation improvements.
The plans and the project description are detailed in Attachments C and D.
Environmental review was conducted by “tiering” off the 2010 Final Environmental Impact
Report (FEIR) for the OASP, and supplementing this analysis with a project-specific 2016 Initial
Study-Mitigated Negative Declaration (IS-MND), which includes a series of mitigation measures
for approval of the West Creek project (Attachment E). The proposed tentative subdivision and
development plans have been reviewed by the Parks and Recreation Commission, Architectural
Review Commission (conceptual review) and the Planning Commission. Each Commission has
recommended approval of VTM#3083, as detailed in the Planning Commission materials
included as Attachments F, G and H.
DISCUSSION
Background
The proposed subdivision includes the following key land use features:
1. 67 single-family detached residential lots/units
2. 1 lot to include a condominium project of up to 105 units
3. 3 creek corridor lots
4. 5 open space and parkland lots
5. 1 lot for future extension of “A” Street
1
Packet Pg. 11
Proposed
Project
Gross
Acreage
Commercial
Land Uses
Residential
Land Uses
Proposed Parks &
Open Space
West Creek
VTM # 3083
18.3 acres
none proposed
67 single family units
105 multi-family
units
172 total residential
1.65 acres Parks-Trails
0.70 acres HOA
Commons
2.80 acres Open Space
5.15 acres (28.1%)
CEQA review for this proposal involved use of the 2010 Final Environmental Impact Report
(FEIR) certified by the Council for the Orcutt Area Specific Plan (OASP). Although primarily a
“program level” EIR, this document included several “project-related” mitigation measures that
are being applied to this project as reflected in Attachment A.
1
Packet Pg. 12
Planning Commission Review
Planning Commission (PC) review occurred on April 13, 2016. Following that hearing, the
Commission voted 3-1 (Riggs, Dandekar and Fowler absent) to recommend approval of the West
Creek project by adoption of their Resolution No. 1005-16, included as Attachment F.
Key issues addressed by the Planning Commission included:
1. Parking Space Reductions in the Multi-Family Residential (MFR) Neighborhood due to
Added Bicycle Parking and the Implementation of a Transportation Demand
Management Plan (TDMP).
2. Energy Conservation Techniques.
3. Requirement that any secondary access provided for VTM#3083 meet all engineering
design standards and be open and useable as a standard city street. (See staff notes
below).
4. Parkland Fee Credits for providing public park space.
The Planning Commission also recommended that attention be given to methods to reduce the
retaining wall heights proposed on the preliminary grading plan for the project. The Planning
Commission also reviewed and discussed the proposed pool for the multi-family residential
neighborhood and felt that consideration should be given to deferring or eliminating the pool
considering the water situation in the area.
Project Description
The project proposes a range of housing sizes and styles within three general housing product
types, including traditional detached single-family homes (23), small-lot single- family parkway
homes (44), and condominiums with studios and one-bedroom and two-bedroom units (total of
105).
Traditional SFRs
(23)
Parkway Homes
(44)
Condominium Units
(105)
1
Packet Pg. 13
Of the 172 proposed residences, 10 are provided as affordable housing under City Housing
Element requirements. Consistent with OASP land use designations, areas generally north of the
East Fork of Orcutt Creek are developed with multi-family units at densities anticipated in the R-
4 zone.
Areas south of the creek are developed with small-lot single-family homes, appropriate for their
R-2 designation and with a variety of home options and styles provided for first-time home
buyers and move-down buyers.
Within the single-family traditional product, the lot sizes range from 4,500 square feet to 7,239
square feet. The single-family traditional lots are intended to serve multi-generational living
through flexible floor plan layouts, including optional attached secondary dwelling units. The
parkway single-family lots range between 3,500 square feet to 4,436 square feet.
A number of amenities are associated directly with the multi-family condominiums, providing
these occupants the opportunity to engage with neighbors and enjoy the indoor/outdoor lifestyle
encouraged under the OASP. A 1,950 square-foot clubhouse is proposed between Buildings C &
F on the north side of the riparian corridor for the condominiums. The clubhouse will provide
usable indoor space for different activities and events, as well as a bike service facility. Other
amenities include tables and BBQ facilities with views of the creek corridor.
In addition to the residential units, the project includes significant park and open space areas,
pedestrian and bicycle paths, and traffic calming features to promote the pedestrian friendly
environment envisioned by the OASP. Park and open spaces areas include the western extent of
the site and Orcutt Creek as it crosses the site from east to west which achieves multi -
purpose/multi use functions. These areas will provide for biological enhancement and drainage
mitigation, play/turf area, open space, seating areas, and opportunities for a community garden,
thereby providing both active and passive recreation amenities for the future residents of the
subdivision and the overall community as a whole. These areas would also be directly accessible
to the existing mobile home park residents to the west and homes to the north, which are
currently considered underserved by parks. In addition to the community park and open space
areas, ample parkways are provided in the southern portion of the project as neighborhood
commons among the units. Attachment C is the applicant’s proposed “Project Description”.
The aplicant is proposing to dedicate about 1.65 acres of city parks as part of their 5.15 acres of
parks and open space. As discussed below, the applicant is seeking a credit against OASP
parklands acquisition and improvemnent fees.
Vesting Tract Map #3083 (West Creek)
The proposed project includes residential land uses that provide a mix of housing types and
varieties anticipated by the OASP and General Plan Housing Element, and designed to meet
today’s needs for households in the San Luis Obispo area. Density and land use patterns are
consistent with the expected ranges of new housing units for the subject properties, as detailed in
the Planning Commission staff report of April 13, 2016 (Attachment G). Affordable housing
requirements will be met by the provision of ten (10) units on-site for qualifying families. These
1
Packet Pg. 14
units are dispersed throughout the multi-family neighborhood along Orcutt Road. VTM# 3083 is
included as Attachment D.
Community Design
The proposed project has been reviewed twice by the Architectural Review Commission, and is
recommended for approval by the Commission. Their suggestions for internal access and
connectivity, as well as varieties of architectural design and buildings placement are incorporated
into the project plans included as Attachment D. Final Design Review will be a collaboration
between the ARC and Community Development Director. Conditions recommended for the
project include a protocol for final design review at ARC of “model” home building proposals,
with direction given to staff to finalize building plans at the staff/construction level of detail.
Open Space Conservation and Recreation Improvements
VTM#3083 provides permanent preservation of the creek corridors located on the property,
consistent with OASP goals and programs in this regard. As proposed, the open space and parks
proposed for West Creek represent 5.15 acres or about 28% of the total site area. Permanent
management measures are included for privately owned areas by the Master Homeowner’s
Association for the property.
The Parks and Recreation Commission (PRC) has reviewed the project twice, and is
recommending approval to Council for the initial project design. The final proposed park
improvements will be reviewed by the PRC with its recommendations forwarded to Council for
final action, should VTM#3083 be approved.
1
Packet Pg. 15
Attachment I (Applicant Parks Credit Proposal) includes the applicant’s detailed proposal and
rationale for the requested credits. Following analysis by the PRC, they agreed that some credit
was appropriate, but that final design review would be needed to be more specific. Based on that
recommendation, and the applicant’s analysis that as proposed West Creek would generate about
$250,000 more in parklands fees than estimated under the OASP Public Facilities Financing Plan
(PFFP), Condition 112 was drafted and presented to the Planning Commission to establish an
upper threshold of $250,000 in credits, depending on the final design. Reasoning for this is that
such a credit would not adversely impact the PFFP resources to complete the planned parklands
under the OASP. This condition would set a threshold, but would not preempt the applicant
from proposing an alternate financing plan under other VTM#3083 conditions as proposed.
Transportation Systems
The primary feature of the West Creek transportation system is the northerly extension of “A”
Street to Orcutt Road. This primary collector road provides the singular access point to Orcutt
Road from the northern portion of the OASP. Internal streets provide a pattern of access
consistent with the OASP policies and programs for circulation. Trails and bike paths are also
included in the project design, again, consistent with directives of the OASP, as reflected in the
following OASP Circulation Plan, Figure 5.1.
West Creek
Project Site
VTM#3083
1
Packet Pg. 16
Project Phasing
The final map for VTM#3083 will be recorded on a single map. The West Creek project,
however, will be developed in several smaller phases for infrastructure and buildings
construction.
The construction phases are summarized in three (3) basic stages in the following graphic: the
first phase beginning with the multi-family condominium development area, which would likely
continue throughout the course of construction on the site.
Phases 2 and 3 are the single-family neighborhoods, which would be developed in a sequence to
meet the project conditions and mitigation measures.
Total project buildout will take several years to complete, depending on the absorption rate of
new homes on the site and city-wide housing trends.
OASP Policy Consistency
The project has been carefully reviewed for consistency with OASP policies, in order to present
a project that meets the intent of the Specific Plan and fully implements the goals for
development of the Orcutt Area. The Planning Commission staff report for April 13, 2016
1
Packet Pg. 17
(Attachment F) goes into greater detail of this policy review. The following summarizes OASP
Policy Consistency:
1. Conservation of Open Space and Natural Resources: OASP policies are largely focused
on protection of creeks, wetlands-riparian-sensitive habitats and visual resources.
VTM#3083 is consistent with these policies by setting aside the creek channels that run
though the project site as permanent open space, providing for habitat restoration and
enhancement on the property in areas adjoining these open space areas, pro tects sensitive
visual features and complies with detailed programs for building design and placement to
limit massing and heights to maintain area vistas and important visual features, such as
views to Righetti Hill. Open space and parklands (at 5.15 acres or 28% of the site) are
proposed in excess of minimum standards of the OASP.
2. Recreation: OASP policies call for the lion share of public parks to be provided within
the central areas of the Orcutt Area, primarily located on the Righetti Ranch project
(VTM#3063, approved in 2015). However, the applicants have presented plans for both
private parks and facilities and additional public parklands within their development that
would significantly exceed minimum OASP policies.
3. Land Use and Development Standards - Community Design: VTM#3083 is a residential
subdivision of mixed densities, addressing OASP policies governing a variety of housing
types integrated and dispersed within each neighborhood. The proposed single-family
and multi-family preliminary building designs have been reviewed by the ARC and are
recommended for approval. These designs, which will undergo additional review should
the project be approved, are consistent with the architectural design standards of the
OASP. Special setbacks and height limitations to augment the conservation and visual
protection policies noted above have also been incorporated into the proposed residential
units. Project density, including the provision of affordable housing units, is at the high
end of the expected density range established under the OASP, again, consistent with
these policies for providing for new units and a variety of housing types.
4. Lot Configurations and Circulation Patterns: The tract design has been carefully
balanced between various site constraints (such as creek corridors, site slopes, open space
restrictions, grading and OASP circulation patterns) to result in a well thought out
configuration of proposed residential lots and units. Site grading is designed to “balance”
on site, eliminating the export of any excess dirt, consistent with OASP landform and
environmental protection policies. OASP policies regarding the extension of major
collector and arterial streets leading through the West Creek site have been aligned with
nearby existing development along Orcutt Road, as well as planned future projects, such
as the southerly adjoining Wingate tract. Pedestrian and bicycle trails are extended
through the proposed tract to, again, tie into existing city facilities and planned
development within the OASP.
During their April 13th review, the Planning Commission discussed the issue of
secondary access to the West Creek project as required by Fire codes and regulations.
During their discussion the Commission recommended that should secondary access be
provided, that this access be open to general public use, rather than closed off via a gate
1
Packet Pg. 18
or bollard system. Staff has since met with the applicants, Fire and Transportation staff,
and come to the conclusion that secondary access to Orcutt Road is inconsistent with
OASP policies otherwise limiting such connections to Orcutt Road, and that secondary
access is not required for the subdivision given the internal network of access and
connections to adjoining projects as they develop. On this basis, the Commission’s
recommendation is rendered unnecessary, and Conditions #10 and #100 have been
recommended to be deleted as provided for in Attachment B (Draft Resolution).
5. Public Utilities and Services: As proposed and conditioned, VTM#3083 has provided for
the installation of all public utilities to serve the project, consistent with OASP policies.
Phasing of the development project has been identified with a program for bringing on-
line such improvements as water supply, wastewater collection and conveyance lines,
extension of recycled water into the tract, and circulation systems noted above. To the
extent required, for improvement of this project, any off-site utility and infrastructure
improvements to serve the future homes will be coordinated with adjoining development
and existing city infrastructure, and timed under the phasing and construction
management plans to insure completion as needed for new residential homes. As
designed and conditioned, the subdivision design is directed at meeting fire codes, law
enforcement, health and waste management standards and requirements, and are
consistent with OASP policies and city building codes.
CONCURRENCES
The City’s Development Review Team has reviewed the project and have provided comment s
that are incorporated into the staff report and recommended resolution as conditions of approval
and code requirements.
ENVIRONMENTAL REVIEW
As mentioned above, CEQA review for this proposal involved use of the 2010 Final
Environmental Impact Report (FEIR) certified by Council for the OASP. Although primarily a
“program level” EIR, this document included several “project-related” mitigation measures that
are being applied to these projects as reflected in Attachment A. In addition to the FEIR, a
project-specific Initial Study (IS) was conducted for the application (Attachment E), which led to
a proposed Mitigated Negative Declaration (MND). The combined 2016 IS-MND is also
recommended for approval as part of Attachment A. As of the date of preparation of this report,
no comments had been received on the proposed MND. Staff will provide Council any materials
and a response to comments should any be received prior to the Council hearing.
FISCAL IMPACT
Approval of the project will not have a significant fiscal impact on City budgets, with the
possible exception of future parks and open space maintenance. Generally, new revenues
derived from these projects will accrue to the General Fund to provide overall resources to
support future city residents. In the case of OASP parks and open space, city management and
maintenance of these areas will incur future costs, depending on the final designs of these areas.
1
Packet Pg. 19
These costs will be detailed further at the time of consideration of a final map for the project.
Generally, the project would be responsible for reimbursing costs for future processing,
subdivision and development consistent with the mitigation and conditions of a final approval.
The OASP anticipates subdivision and development of these properties in a coordinated manner.
The OASP “Public Facilities Financing Plan” (PFFP) is designed to accommodate public
infrastructure improvements throughout the planning area and will insure the completion of said
infrastructure as different projects proceed on their own timelines. As proposed and conditioned,
the West Creek subdivision and development project will implement the OASP goals and
policies by constructing necessary infrastructure and parks consistent with the financing policies
of the OASP.
ALTERNATIVES
1. Deny the VTM#3083. Findings of the City Council concerning such a recommendation
will need to be developed if this alternative is selected.
2. Continue the item. An action to continue the item should include a detailed list of
additional information or analysis required.
Attachments:
a - City Council Resolution adopting the Mitigated Negative Declaration
b - City Council Resolution approving the Project
c - Project Description
d - Plans for Vesting Tentative Tract Map & Architectural Plans (for reference)
e - Initial Study/Mitigated Negative Declaration
f - Planning Commission Resolution No. 1005-16 Recommending Approval
g - Planning Commission Staff Report (and Errata) from 4-13-2016
h - Planning Commission Minutes 4-13-16
i - Applicant Parks Credit Proposal
1
Packet Pg. 20
R ______
RESOLUTION NO. _______ (2016 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE
DECLARATION OF ENVIRONMENTAL DETERMINATION FOR
VESTING TENTATIVE TRACT MAP NO. 3083 CREATING 77 LOTS FOR
PROPERTY LOCATED AT 1299 ORCUTT ROAD (SBDV-1769-2015,
TRACT #3083 a.k.a. “WEST CREEK”)
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public
hearing on April 13, 2016, reviewed the Initial Study-Mitigated Negative Declaration (IS-MND),
considered public comment, and recommended adoption of the IS-MND; and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing
on May 3, 2016; and
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law; and
WHEREAS, the City Council has duly considered all evidence, including the testimony of
the applicant, interested parties, and the evaluation and recommendations by staff, presented at
said hearing.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Luis
Obispo as follows:
SECTION 1. CEQA Findings, Mitigation Measures and Mitigation Monitoring Program.
Based upon all the evidence, the City Council makes the following CEQA findings in support of
the Vesting Tentative Map SBDV-1769-2015 (VTM#3083):
1. The proposed project is consistent with the requirements of the Orcutt Area Specific Plan
Final Environmental Impact Report (FEIR) certified and adopted by the City Council on
March 2, 2010, and this approval incorporates those FEIR mitigation measures as applicable
to VTM#3083, as detailed below.
2. A supplemental initial study has been prepared for VTM#3083 addressing potential
environmental impacts which were not identified or detailed in the FEIR for the Orcutt Area
Specific Plan (OASP). The Community Development Director has recommended that the
results of that additional analysis be incorporated into a Mitigated Negative Declaration
(MND) of environmental impacts, and recommends adoption of additional mitigation
measures to those imposed by the FEIR, all of which are incorporated below.
3. There is no substantial evidence, in light of the whole record before the City Council, that the
project, as analyzed in the IS-MND prepared for the West Creek subdivision (VTM#3083)
dated March 29, 2015, will have a significant effect on the environment; and that this
determination reflects the City Council’s independent judgment and analysis; and the City
Council hereby adopts the 2016 West Creek VTM#3083 project-specific Initial Study-
1.a
Packet Pg. 21 Attachment: a - City Council Resolution adopting the Mitigated Negative Declaration (1327 : West Creek Subdivision)
Resolution No. ______ (2016 Series) Page 2
R ______
Mitigated Negative Declaration subject to the following mitigation measures and the
mitigation monitoring program which are incorporated into the development project.
OASP FEIR MITIGATION MEASURES applicable to VTM#3083
AIR QUALITY MITIGATION
Operational Phase Mitigation
AQ-1(a) Energy Efficiency. The building energy efficiency rating shall be 10% above what is
required by Title 24 requirements for all buildings within the Specific Plan Area. The
following energy-conserving techniques shall be incorporated unless the applicant
demonstrates their infeasibility to the satisfaction of City Planning and Building
Department staff: increase walls and attic insulation beyond Title 24 requirements;
orient buildings to maximize natural heating and cooling; plant shade trees along
southern exposures of buildings to reduce summer cooling needs; use roof material
with a solar reflectance value meeting the Environmental Protection
Agency/Department of Energy Star rating; build in energy efficient appliances;
use low energy street lighting and traffic signals; use energy efficient interior
lighting; use solar water heaters; use double-paned windows; solar panel plumbing;
grey water recycling; tank-less water heaters; dedicated hot water line loops.
AQ-1(b) Transit. Bus turnouts and shelter improvements with direct pedestrian access shall be
installed at all bus stops.
AQ-1(c) Shade Trees. All parking lots shall include shade trees within the parking area. There
shall be at least one shade tree for every six vehicle parking spaces.
AQ-1(d) Telecommuting. All new homes within the Specific Plan area shall be constructed
with internal wiring/cabling that allows telecommuting, teleconferencing, and tele-
learning to occur simultaneously in at least three locations in each home.
AQ-1(e) Pathways. Where feasible, all cul-de-sacs and dead-end streets shall be links by
pathways to encourage pedestrian and bicycle travel.
• AQ-1 Monitoring Program:
Compliance with operational phase mitigation measures will be reviewed with the subdivision
plans and accompanying architectural review plans and ultimately shown on improvement plans
and construction drawings.
Construction Phase Mitigation
AQ-3(a) Application of CBACT (Best Available Control Technology for construction
related equipment). The following measures shall be implemented to reduce
combustion emissions from construction equipment where a project will have an area
of disturbance greater than 1 acre.
1.a
Packet Pg. 22 Attachment: a - City Council Resolution adopting the Mitigated Negative Declaration (1327 : West Creek Subdivision)
Resolution No. ______ (2016 Series) Page 3
R ______
• Specific Plan applicants shall submit for review by the Community Development
Department and Air Pollution Control District (APCD) staff a grading plan
showing the area to be disturbed and a description of construction equipment that
will be used and pollution reduction measures that will be implemented. Upon
confirmation by the Community Development Department and APCD, appropriate
CBACT features shall be applied. The application of these features shall occur
prior to Specific Plan construction.
• Specific Plan applicants shall be required to ensure that all construction
equipment and portable engines are properly maintained and tuned according to
manufacturer's specifications.
• Specific Plan applicants shall be required to ensure that off-road and portable
diesel powered equipment, including but not limited to bulldozers, graders,
cranes, loaders, scrapers, backhoes, generator sets, compressors, auxiliary power
units, shall be fueled exclusively with CARB motor vehicle diesel fuel (non-taxed
off-road diesel is acceptable)
Specific Plan applicants shall be required to install a diesel oxidation catalyst on
each of the two pieces of equipment projected to generate the greatest emissions.
Installations must be prepared according to manufacturer's specifications.
AQ-3(b) Dust Control. The following measures shall be implemented to reduce PM10
emissions during all Specific Plan construction:
• Reduce the amount of the disturbed area where possible.
• Use water trucks or sprinkler systems in sufficient quantities to prevent airborne
dust from leaving the site. Water shall be applied as soon as possible whenever
wind speeds exceed 15 miles per hour. Reclaimed (non-potable) water should be
used whenever possible.
• All dirt-stock-pile areas shall be sprayed daily as needed.
• Permanent dust control measures shall be identified in the approved Specific Plan
revegetation and landscape plans and 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 shall be sown with a fast-germinating native grass seed
and watered until vegetation is established.
• All disturbed soil areas not subject to revegetation shall 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 shall be completed as soon
as possible. In addition, building pads shall 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.
• All trucks hauling dirt, sand, soil or other loose materials shall be covered or shall
maintain at least two feet of freeboard (minimum vertical distance between top of
load and top of trailer) in accordance with CVC Section 23114.
1.a
Packet Pg. 23 Attachment: a - City Council Resolution adopting the Mitigated Negative Declaration (1327 : West Creek Subdivision)
Resolution No. ______ (2016 Series) Page 4
R ______
• 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 with reclaimed water shall be used where
feasible.
AQ-3(c) Cover Stockpiled Soils. If importation, exportation, or stockpiling of fill material is
involved, soil stockpiled for more than two days shall be covered, kept moist, or
treated with soil binders to prevent dust generation. Trucks transporting material shall
be tarped from the point of origin.
AQ-3(d) Dust Control Monitor. On all projects with an area of disturbance greater than 1
acre, the contractor or builder shall designate a person or persons to monitor the dust
control program and to order increased watering as necessary to prevent transport of
dust off-site. Their duties shall include holiday and weekend periods when work may
not be in progress.
• AQ-3 Monitoring Program:
These conditions shall be noted on all project grading and building plans. The applicant will also
be required to secure necessary permits from the Air Pollution Control Board (APCD) before the
onset of grading or demolition activities including, but not limited to additional dust control
measures, evaluation for Naturally Occurring Asbestos. The applicant shall present evidence of a
plan for complying with these requirements prior to issuance of a grading or building permit
from the City. The applicant shall provide the City with the name and telephone number of the
person responsible for ensuring compliance with these requirements. The Building Inspector and
Public Works Inspectors shall conduct field monitoring.
BIOLOGICAL RESOURCES MITIGATION
BIO-1 If vegetation clearing, grading or demolition of any existing structures is to occur
during the nesting bird season (February 15 to September 15), the applicant should
retain a qualified biologist to conduct a nesting bird survey. If active bird nests are
detected the following measures should be implemented:
a. The project should be modified or delayed as necessary to avoid direct take of bird
species protected under the MBTA;
b. A qualified biologist should establish an appropriate buffer zone around active nest
sites. Construction activities in the established buffer zone should be prohibited until
the young have fledged the nest and achieved independence; and,
c. The qualified biologist should document all active nests and submit a letter-report to
the County, USFWS, and CDFW, documenting project compliance with the MBTA
and applicable project mitigation measures.
BIO-2 If demolition of any existing buildings or structures is to occur, a qualified biologist
should survey structure(s) to determine the presence/absence of roosting bats within the
existing structures. Should no roosting bats be present, exclusionary measures shall be
1.a
Packet Pg. 24 Attachment: a - City Council Resolution adopting the Mitigated Negative Declaration (1327 : West Creek Subdivision)
Resolution No. ______ (2016 Series) Page 5
R ______
implemented to preclude roosting prior to demolition. If active roosting is identified,
the project should be delayed until the biologist can confirm that the roosting bats have
evacuated the structures on their own accord.
BIO-3(a) Construction Requirements. Development under the Specific Plan shall abide by
the requirements of the City Arborist for construction. Requirements shall include but
not be limited to: the protection of trees with construction setbacks from trees;
construction fencing around trees; grading limits around the base of trees as required;
and a replacement plan for trees removed including replacement at a minimum 1:1
ratio.
BIO-4(c) Riparian/ Wetland Mitigation. If riparian and/or wetland habitat are proposed for
removal pursuant to development under the Specific Plan, such development shall
apply for all applicable permits and submit a Mitigation Plan for areas of disturbance
to wetlands and/or riparian habitat. The plan shall be prepared by a biologist familiar
with restoration and mitigation techniques. Compensatory mitigation shall occur on-
site using regionally collected native plant material at a minimum ratio of 2:1 (habitat
created to habitat impacted) in areas shown on figure 4.4-2 as directed by a biologist.
The resource agencies may require a higher mitigation ratio. If the Orcutt Regional
Basin is necessary as a mitigation site for waters of the U.S. and State it shall be
designed as directed by a biologist taking into consideration hydrology, soils, and
erosion control and using the final mitigation guidelines and monitoring requirements
(U.S. Army Corps of Engineers, 2004). As noted above, the trail shall be setback out
of the buffer area for riparian and wetland habitat.
BIO-5(a) Bird Pre-Construction Survey. To avoid impacts to nesting special-status bird
species and raptors including the ground-nesting burrowing owl, all initial ground-
disturbing activities and tree removal shall be limited to the time period between
September 15 and February 1. If initial site disturbance, grading, and tree removal
cannot be conducted during this time period, a pre-construction survey for active nests
within the limits of grading shall be conducted by a qualified biologist at the site two
weeks prior to any construction activities (for ground-nesting burrowing owl survey
see below). If active nests are located, all construction work must be conducted
outside a buffer zone of 200 feet to 500 feet from the nests as determined in
consultation with the CDFG. No direct disturbance to nests shall occur until the
adults and young are no longer reliant on the nest site. A qualified biologist shall
confirm that breeding/nesting is completed and young have fledged the nest prior to
the start of construction.
BIO-5(b) Burrowing Owl Survey. When an applicant requests entitlements from the City
under the Specific Plan a qualified biologist shall conduct surveys for burrowing owls
during both the wintering and nesting seasons (unless the species is detected on the
first survey) in potentially suitable habitats prior to construction in accordance with
the guidelines described in the CDFG Staff Report on Burrowing Owl Mitigation
(1995). Winter surveys shall be conducted on the entire project site between
December 1 and February 1, and the nesting season survey shall be conducted
between April 15 and July 15. If burrowing owls are detected within the proposed
1.a
Packet Pg. 25 Attachment: a - City Council Resolution adopting the Mitigated Negative Declaration (1327 : West Creek Subdivision)
Resolution No. ______ (2016 Series) Page 6
R ______
disturbance area, CDFG shall be contacted immediately to develop and implement a
mitigation plan to protect owls and their nest sites.
BIO-5(c) Monarch Pre-Construction Survey. If initial ground-breaking is to occur between
the months of October and March a pre-construction survey for active monarch roost
sites within the limits of grading shall be conducted by a qualified biologist at the site
two weeks prior to any construction activities. If active roost sites are located no
ground-disturbing activities shall occur within 50 feet of the perimeter of the habitat.
Construction shall not resume within the setback until a qualified biologist has
determined that the monarch butterfly has vacated the site.
BIO-5(d) VPFS Sampling Surveys. Prior to development in areas shown as potential VPFS
habitat on Figure 4.4-2, current USFWS protocol level sampling surveys shall be
conducted in all such areas. A report consistent with current Federal, State, and local
reporting guidelines shall be prepared to document the methods and results of
surveys. If VPFS are found, the report shall include a map that identifies the VPFS
locations. Should the presence of additional special-status wildlife species be
determined including California linderiella, a map identifying locations in which
these species were found shall be prepared and included in the report.
BIO-5(e) FESA Consultation and Mitigation Regarding VPFS. If any VPFS individuals are
located onsite pursuant to Mitigation Measure B-5(d), substantial setbacks from their
identified habitat shall be implemented to avoid take of a Federally listed species. If
complete avoidance is not economically or technically feasible, then Section 10 of the
Federal Endangered Species Act (FESA) shall be used to authorize incidental take
when no other Federal agency such as the Corps is involved. This process include
development of a Habitat Conservation Plan for protecting and enhancing the
Federally listed species at a specific location in perpetuity. Species take can also be
authorized under Section 7 of the FESA if a Federal agency is involved in the project
(e.g., Corps Section 404 permitting for impacts to waters of the U.S. and/or Federal
funding) and agrees to be the lead agency requesting Section 7 consultation. This
consultation process takes at a minimum 135 days from the official request by the
Federal lead agency.
The compensatory mitigation ratio shall be determined by the appropriate resource
agencies. Suitable replacement habitat shall be constructed either within the site
boundaries or offsite. [OASP FEIR] Figure 4.4-2 identifies areas that could be
appropriate for onsite VPFS mitigation. Figure 4.4-2 is not intended to preclude
development but shall be used as a starting point for incorporating VPFS mitigation
sites into the development plan. While the Orcutt Regional Basin included in the
potential VPFS mitigation sites may need regular maintenance and may be seasonally
flooded, depressions could be created on the upper edges of the terrace in such a
manner that they are protected from flooding. VPFS mitigation areas shall be
approved by a biologist familiar with VPFS habitat “creation” techniques.
Enhancement of the onsite seasonal freshwater wetland habitat that is undisturbed by
project activities may also be a part of the mitigation program. Alternatively, fairy
shrimp cysts could be collected during the dry season from the existing habitat and
placed into storage. Topsoil could also be removed and stored in conditions suitable
1.a
Packet Pg. 26 Attachment: a - City Council Resolution adopting the Mitigated Negative Declaration (1327 : West Creek Subdivision)
Resolution No. ______ (2016 Series) Page 7
R ______
to retain cysts. Wetland habitat could be enhanced/created in the areas shown on
Figure 4.4-2 by grading depressions in the landscape and “top dressing” the
depressions with the preserved topsoil. Preserved cysts would be added to the
recreated wetlands in December or January, after sufficient ponding has occurred.
It is important to note that VPFS habitat mitigation is still considered experimental.
VPFS habitat mitigation is ambitious as it is costly, labor intensive, and difficult to
ensure success. Habitat may be “created” only in an existing vernal pool landscape
that provides suitable soils and a number of other specific ecological factors (USFWS,
2004).
An alternative to onsite mitigation is the purchase of mitigation bank credits. Credits
can be purchase by the acre as suitable mitigation for VPFS. There is currently no
known mitigation bank with VPFS habitat occurring within San Luis Obispo County,
however, mitigation banks may be available in the future.
BIO-3a, BIO-4c, BIO-5 Monitoring Program:
Monitoring will include Natural Resources Department staff consultation and implementation at
time of review and prior to approval of grading plan(s) and during tract construction (B-3a, B-4c,
B-5).
BIO-6(a) Minimized Roadway Widths. Roadway widths adjacent to riparian and wetland
habitats shall be reduced to the minimum width possible, while maintaining Fire
Department Requirements for emergency access, with slower speed limits introduced.
Posted speed limits should be 25 mph.
BIO-6(b) Culvert Design. Although closed culverts are to be the drainage conveyance method of
last resort per the City Waterways Management Plan, where they are required, culverts
connecting the Plan Area drainage corridors with upstream and downstream drainage
corridors shall be evaluated during the suitability analysis pursuant to Mitigation
Measure B-5(a) to determine their importance to wildlife who could use them to travel
to and from the site. If culverts are found to be of importance to wildlife, the culverts
shall be evaluated for their potential for improvement (i.e. retrofitting, maintenance, or
specific improvements depending on the types of species using them). The development
pursuant to the Specific Plan and the City shall develop a plan for the improvement of
the culverts. Preservation of the wildlife corridors that are present on the project site can
be achieved with sufficient setbacks from riparian and wetland habitats. Refer to B-4 for
mitigation regarding riparian and wetland habitat setbacks.
BIO-6(c) Educational Pet Brochure. Any development pursuant to the Specific Plan shall
prepare a brochure that informs prospective homebuyers and Home Owners
Association (HOA) members about the impacts associated with non- native animals,
especially cats and dogs, to the project site; similarly, the brochure must inform
potential homebuyers and all HOA members of the potential for coyotes to prey on
domestic animals.
1.a
Packet Pg. 27 Attachment: a - City Council Resolution adopting the Mitigated Negative Declaration (1327 : West Creek Subdivision)
Resolution No. ______ (2016 Series) Page 8
R ______
BIO-6(d) Landscaping Plan Review. To ensure that project landscaping does not introduce
invasive non-native plant and tree species to the region of the site, the final
landscaping plan shall be reviewed and approved by a qualified biologist. The
California Invasive Plant Council (Cal-IPC) maintains several lists of the most
important invasive plants to avoid. The lists shall be used when creating a plant
palette for landscaping to ensure that plants on the lists are not used. The following
plants shall not be allowed as part of potential landscaping plans pursuant to
development under the Specific Plan:
• African sumac (Rhus lancea)
• Australian saltbush (Atriplex semibaccata)
• Black locust (Robinia pseudoacacia)
• California pepper (Schinus molle) and Brazilian pepper (S. terebinthifolius)
• Cape weed (Arctotheca calendula)
• Cotoneaster (Cotoneaster pannosus), (C. lacteus)
• Edible fig (Ficus carica)
• Fountain grass (Pennisetum setaceum)
• French broom (Genista monspessulana)
• Ice plant, sea fig (Carpobrotus edulis)
• Leafy spurge (Euphorbia esula)
• Myoporum (Myoporum spp.)
• Olive (Olea europaea)
• Pampas grass (Cortaderia selloana), and Andean pampas grass (C. jubata)
• Russian olive (Elaeagnus angusticifolia)
• Scotch broom (Cytisus scoparius) and striated broom (C. striatus)
• Spanish broom (Spartium junceum)
• Tamarix, salt cedar (Tamarix chinensis), (T. gallica), (T. parviflora), (T.
ramosissima)
• Blue gum (Eucalyptus globulus)
• Athel tamarisk (Tamarix aphylla)
• BIO-6 Monitoring Program:
Compliance with mitigation measures will be reviewed with landscaping plans as part of the
architectural review submittal and ultimately shown on improvement plans and construction
drawings.
CULTURAL RESOURCES MITIGATION
CR-1(d) Archaeological Resource Construction Monitoring. At the commencement of
project construction, an orientation meeting shall be conducted by an archaeologist for
construction workers associated with earth disturbing procedures. The orientation
meeting shall describe the possibility of exposing unexpected archaeological resources
and directions as to what steps are to be taken if such a find is encountered. The City
should consider retaining a Chumash representative to monitor any field work
associated with Native American cultural material.
1.a
Packet Pg. 28 Attachment: a - City Council Resolution adopting the Mitigated Negative Declaration (1327 : West Creek Subdivision)
Resolution No. ______ (2016 Series) Page 9
R ______
If human remains are exposed, State Health and Safety Code Section 7050.5 requires
that no further disturbance shall occur until the County Coroner has made the necessary
findings as to origin and disposition pursuant to Public Resources Code Section 5097.98.
CR-1(d) Monitoring Program:
Requirements for cultural resource mitigation shall be clearly noted on all plans for project
grading and construction.
DRAINAGE AND WATER QUALITY MITIGATION
D-2(a) Vegetative and Biotechnical Approaches to Bank Stabilization. Vegetative or
biotechnical (also referred to as soil bioengineering) approaches to bank stabilization
are preferred over structural approaches. Bank stabilization design must be consistent
with the SLO Creek Stream Management and Maintenance Program Section 6.
Streambank stabilization usually involves one or a combination of the following
activities:
Regrading and revegetating the streambanks to eliminate overhanging banks and
create a more stable slope;
Deflecting erosional water flow away from vulnerable sites;
Reducing the steepness of the channel bed through installation of grade
stabilization structures;
Altering the geometry of the channel to influence flow velocities and sediment
deposition;
Diverting a portion of the higher flow into a secondary or by-pass channel;
Armoring or protecting the bank to control erosion, particularly at the toe of
slopes.
The bank stabilization design will:
Be stable over the long term;
Be the least environmentally damaging and the “softest” approach possible;
Not create upstream or downstream flooding or induce other local stream
instabilities;
Minimize impacts to aquatic and riparian habitat.
1.a
Packet Pg. 29 Attachment: a - City Council Resolution adopting the Mitigated Negative Declaration (1327 : West Creek Subdivision)
Resolution No. ______ (2016 Series) Page 10
R ______
D-2(c) Riparian Zone Planting. The OASP proposes riparian enhancement of creek
corridors. Section 11 guidelines of the SLO Creek Drainage Design Manual shall be
followed for riparian areas that are modified, created and/or managed for flood
damage reduction, stream enhancement, and bank repair. Linear park terrace
vegetation, streambank repair and channel maintenance projects may require stream
channel modifications that include shaping, widening, deepening, straightening, and
armoring. Many channel management projects also require building access roads for
maintenance vehicles and other equipment. These construction activities can cause a
variety of impacts to existing sensitive riparian and aquatic habitat that, depending on
the selected design alternative, range from slight disturbances to complete removal of
desirable woody vegetation and faunal communities. In urban areas within the SLO
creek watershed, riparian vegetation often provides the only remaining natural habitat
available for wildlife populations.
D-5(a) Biofilters. The applicant shall submit to the Director of Community Development
for review and approval a plan that incorporates grassed swales (biofilters) into the
project drainage system where feasible for runoff conveyance and filtering of
pollutants.
D-5(c) Pervious Paving Material. Consistent with Land Use Element Policy 6.4.7, the
applicant shall be encouraged to use pervious paving material to facilitate rainwater
percolation. Parking lots and paved outdoor storage areas shall, where feasible, use
pervious paving to reduce surface water runoff and aid in groundwater recharge.
• D-2a, D-2c, D-5a, D-5c Monitoring Program:
Monitoring will include Natural Resources Department staff consultation and implementation at
time of landscaping construction plan review and Engineering-Public Works staff at the time of
tract construction.
NOISE MITIGATION
N-1(a) Compliance with City Noise Ordinance. Construction hours and noise levels shall
be compliant with the City Noise Ordinance [Municipal Code Chapter 9.12, Section
9.12.050(6)]. Methods to reduce construction noise can include, but are not limited to,
the following:
• Equipment Shielding. Stationary construction equipment that generates noise can
be shielded with a barrier.
• Diesel Equipment. All diesel equipment can be operated with closed engine doors
and equipped with factory-recommended mufflers.
• Electrical Power. Whenever feasible, electrical power can be used to run air
compressors and similar power tools.
• Sound Blankets. The use of sound blankets on noise generating equipment.
• N-1a Monitoring Program:
Requirements for construction noise mitigation shall be clearly noted on all plans for project
grading and construction.
1.a
Packet Pg. 30 Attachment: a - City Council Resolution adopting the Mitigated Negative Declaration (1327 : West Creek Subdivision)
Resolution No. ______ (2016 Series) Page 11
PUBLIC SAFETY MITIGATION
S-2(b) Disclosure. Prior to recordation of final map, the applicant shall develop Covenants,
Codes, and Restrictions (CC&R’s) that disclose to potential buyers or leasers that aircraft
over-flights occur, and that such flights may result in safety hazard impacts should an
aircraft accident occur. In addition, prior to recordation of final map, avigation easements
shall be recorded over the entire project site for the benefit of the SLO County Regional
Airport.
• S-2b Monitoring Program:
Monitoring will include Community Development, City Attorney and Engineering staff
approvals of the Disclosure(s) prior to recordation of a final tract map.
ER 224-14 CEQA MITIGATION MEASURES specifically applicable to VTM#3083
AESTHETIC MITIGATION
AES-VTM3083-1 Lighting and Glare. Final Design Review by ARC shall include specific
lighting and glare reduction/elimination techniques included with the lighting plans for the project,
consistent with OASP Program 4.4.3a.
AES-VTM3083-1 Monitoring Program: Community Development Department staff will
insure ARC and staff level application of these standards during any final design review and
building permit submittals.
AIR QUALITY MITIGATION
AQ-VTM3083-2 Solar Conduits. Final building construction plans will include needed conduits
required for each residential unit for installing a roof-mounted solar system, at the option of each
owner.
AQ-VTM3083-2 Monitoring Program: Community Development Department staff will
insure ARC and staff level application of these standards during any final design review and
building permit submittals.
AQ-VTM3083-3 Naturally-occurring Asbestos. If excavation into the Franciscan Melange rock
units is planned, and serpentinite is encountered, work in the vicinity of the find will be
temporarily halted and the materials will be tested to determine if asbestos is present. If asbestos
is found to be present, an appropriate mitigation plan will be developed by the Project Soils
Engineer-Geologist, and submitted to the City Engineer for approval before work in such area(s)
may recommence.
AQ-VTM3083-3 Monitoring Program: Final tract improvement plans shall include a
protocol for ceasing work and conducting required testing in the event serpentinite rock
units are encountered during site grading and/or utility construction. Any mitigation plan
shall be subject to City Engineer approval.
1.a
Packet Pg. 31 Attachment: a - City Council Resolution adopting the Mitigated Negative Declaration (1327 : West Creek Subdivision)
Resolution No. ______ (2016 Series) Page 12
BIOLOGICAL MITIGATION
BIO-VTM3083-1 Tree Retention/Removal. Final Design Review by ARC shall include
recommendations from the City Arborist for tree retention and removal, and will define a final
land plan with grading and housing placement to address the tree removal and retention options.
To the extent this mitigation measure reduces density or alters site pl ans, those changes will be
evaluated for major or minor modifications to the approved VTM.
BIO-VTM3083-1 Monitoring Program: City Arborist will insure ARC and staff level
application of these standards during any final design review submittals. Should changes to
the subdivision design become necessary, these changes will be implemented prior to
recordation of any final map.
BIO-VTM3083-2 Nesting Bird Surveys. If vegetation clearing, grading or demolition of any
existing structures is to occur during the nesting bird season (February 15 to September 15), the
applicant should retain a qualified biologist to conduct a nesting bird survey. If active bird nests
are detected the following measures should be implemented:
a. The project should be modified or delayed as necessary to avoid direct take of bird
species protected under the MBTA;
b. A qualified biologist should establish an appropriate buffer zone around active nest
sites. Construction activities in the established buffer zone should be prohibited until
the young have fledged the nest and achieved independence; and,
c. The qualified biologist should document all active nests and submit a letter-report to
the County, USFWS, and CDFW, documenting project compliance with the MBTA
and applicable project mitigation measures.
BIO-VTM3083-3 Roosting Bat Survey. If demolition of any existing buildings or structures is to
occur, a qualified biologist should survey structure(s) to determine the presence/absence of
roosting bats within the existing structures. Should no roosting bats be present, exclusionary
measures shall be implemented to preclude roosting prior to demolition. If active roosting is
identified, the project should be delayed until the biologist can confirm that the roosting bats have
evacuated the structures on their own accord.
BIO-VTM3083-1, -2 and -3 Monitoring Program: Natural Resources Manager and
Community Development Department staff will insure mitigation measures will be
reviewed prior to approval of tract grading plans and ultimately shown on improvement
plans and construction drawings.
CULTURAL RESOURCES MITIGATION
CR-VTM3083-1 Photo Documentation. Prior to development, a qualified historian shall be
retained to conduct a photo documentation of the 50+ year old structures within the West Creek
VTM#3083 project using the City’s Historic Preservation Program Guidelines.
CR-VTM3083-1 Monitoring Program: Community Development Department staff will
insure mitigation measures are completed prior to approval of tract grading construction
drawings.
1.a
Packet Pg. 32 Attachment: a - City Council Resolution adopting the Mitigated Negative Declaration (1327 : West Creek Subdivision)
Resolution No. ______ (2016 Series) Page 13
TRANSPORTATION MITIGATION
T-VTM3083-1 Orcutt Road & Street A: Provide roundabout control.
T-VTM3083-1 Monitoring Program: Compliance will be reviewed with the subdivision
plans and ultimately shown on improvement plans and construction drawings.
T-VTM3083-2 South Eastern Intersection: Provide “Knuckle” curve with driveway approach
for access to the east.
T-VTM3083-2 Monitoring Program: Compliance will be reviewed with the subdivision
plans and ultimately shown on improvement plans and construction drawings.
UTILITIES AND SERVICE SYSTEMS MITIGATION
USS-VTM3083-1 Off-site Water Main Line Extensions to the OASP To Meet Fire Flow and
Storage Standards. Concurrent with applications for Final Map(s), the applicant shall submit a
water supply plan to meet adequate fire flow standards for all lots within each Final Map.
Implementation of such a water line extension plan shall be included as a part of public
improvement plans for the subdivision, and approved by Utilities, Public Works and the City
Engineer. This implementation plan may include a financing plan, including reimbursement
provisions, approved by the City Council at the time of considering any Final Map. Required
water main line extension(s) to the subdivision shall be completed and operational to the
satisfaction of the Utilities Director, prior to occupancy of any of the residential uses.
USS-VTM3083-1 Monitoring Program: Compliance will be reviewed with the
subdivision plans and ultimately shown on improvement plans and construction drawings.
USS-VTM3083-2 Off-site Sewer Line Replacements. Concurrent with applications for Final
Map(s), the applicant shall submit a plan to replace the existing 10-inch sewer line crossing the
Union Pacific railroad tracks. Implementation of such a sewer line extension plan shall be
included as a part of public improvement plans for the subdivision, and approved by Utilities,
Public Works and the City Engineer. This implementation plan may include a financing plan,
including reimbursement provisions, approved by the City Council at the time of considering any
Final Map. Required sewer main line extension(s) to the subdivision shall be completed and
operational to the satisfaction of the Utilities Director, prior to occupancy of any of the residential
uses.
USS-VTM3083-2 Monitoring Program: Compliance will be reviewed with the
subdivision plans and ultimately shown on improvement plans and construction drawings.
USS-VTM3083-3 Off-site Recycled Water Main Line Extension. Concurrent with applications
for Final Map(s), the applicant shall submit a recycled water supp ly plan to meet the project’s
landscape irrigation needs for all approved uses. Implementation of the recycled water line
extension plan shall be included as a part of public improvement plans for the subdivision, and
approved by Utilities, Public Works and the City Engineer. This implementation plan may include
a financing plan, including reimbursement provisions, approved by the City Council at the time of
considering any Final Map. The required recycled water main line extension to the subdivision
1.a
Packet Pg. 33 Attachment: a - City Council Resolution adopting the Mitigated Negative Declaration (1327 : West Creek Subdivision)
Resolution No. ______ (2016 Series) Page 14
shall be completed and operational to the satisfaction of the Utilities Director for landscape
irrigation.
USS-VTM3083-3 Monitoring Program: Compliance will be reviewed with the
subdivision plans and ultimately shown on improvement plans and construction drawings.
Upon motion of _______________________, seconded by _______________________, and
on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _____________________ 2016.
____________________________________
Mayor Jan Marx
ATTEST:
____________________________________
Lee Price, MMC
Interim City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this ______ day of ______________, 2016.
______________________________
Lee Price, MMC
Interim City Clerk
1.a
Packet Pg. 34 Attachment: a - City Council Resolution adopting the Mitigated Negative Declaration (1327 : West Creek Subdivision)
R _______
RESOLUTION NO. _________ (2016 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, APPROVING VESTING TENTATIVE TRACT
MAP NO. 3083 CREATING 77 LOTS FOR PROPERTY LOCATED AT 1299
ORCUTT ROAD (SBDV-1769-2015, TRACT #3083 a.k.a. “WEST CREEK”)
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public
hearing on April 13, 2016, and recommended approval of the project; and
WHEREAS, the Architectural Review Commission of the City of San Luis Obispo
conducted public meetings on December 1, 2014 and October 18, 2015, and recommended
approval of the project; and
WHEREAS, the Parks and Recreation Commission of the City of San Luis Obispo
conducted public meetings on March 4, 2015 and November 4, 2015, and recommended approval
of the project; and
WHEREAS, notices of said public hearing and advisory meetings were made at the time
and in the manner required by law; and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing
on May 3, 2016; and
WHEREAS, the City Council has duly considered all evidence, including the testimony of
the applicant, interested parties, and the evaluation and recommendations by staff, presented at
said hearing.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of San Luis
Obispo that Vesting Tentative Tract Map #3083 (SBDV-1769-2015) is hereby approved based on
the certified 2010 OASP EIR and 2016 West Creek project-specific Initial Study-Mitigated
Negative Declaration, the findings below and subject to the following conditions:
SECTION 1. ENVIRONMENTAL REVIEW. The City Council hereby determines
that the potential environmental effects of the VTM#3083 subdivision project were adequately
examined by the Initial Study-Mitigated Negative Declaration that was adopted on May 17, 2016
and that all potentially significant environmental effects were identified but mitigation measures to
be included and incorporated into the project avoid or reduce the effects to a point where clearly no
significant effect on the environmental would occur.
SECTION 2. Vesting Tract Map Approval with Findings & Conditions. The City
Council does hereby approve application SBDV-1769-2015 (VTM#3083, “West Creek”), a
tentative tract map to create up to 77 lots comprising 6 7 single family residential lots, 1 multi-
family condominium lot for 105 residential units, and 8 parks and open space lots, and 1 lot for
future street extension based on the following Findings, and subject to the following conditions
being incorporated into the project:
1.b
Packet Pg. 35 Attachment: b - City Council Resolution approving the Project (1327 : West Creek Subdivision)
Resolution No. ______ (2016 Series) Page 2
R _______
Findings:
1. As conditioned, the design of the Vesting Tentative Tract Map is consistent with the General
Plan because the proposed subdivision respects existing site constraints, will incrementally
add to the City’s residential housing inventory, results in parcels that meet minimum density
standards, and will be consistent with the density, lot sizes and project amenities established
by the Orcutt Area Specific Plan (OASP).
2. The site is physically suited for the type and density of development allowed in the R-2-SP
and R-4-SP zoning districts.
3. The design of the vesting tentative tract map and the proposed improvements are not likely to
cause serious health problems, substantial environmental damage or substantially and
unavoidably injure fish or wildlife or their habitat, since further development or
redevelopment of the proposed parcels will occur consistent with VTM #3083 and the
required architectural review process, which will allow for detailed review of development
plans to assure compliance with City plans, policies, and standards.
4. As conditioned, the design of the subdivision will not conflict with easements for access
through (or use of property within) the proposed subdivision, and the project is consistent
with the pattern of development prescribed in the Orcutt Area Specific Plan.
5. The proposed project will provide affordable housing consistent with the intent of California
Government Code §65915, and in compliance with City policies and the Housing Element.
6. The tentative map, as conditioned, will comply with all environmental mitigation measures
prescribed herein, and therefore is consistent with the California Environmental Quality Act,
the OASP Final EIR, and the Initial Study-Mitigated Negative Declaration (IS-MND).
7. The design of the subdivision provides, to the extent feasible, for future passive or natural
heating or cooling opportunities.
1.b
Packet Pg. 36 Attachment: b - City Council Resolution approving the Project (1327 : West Creek Subdivision)
Resolution No. ______ (2016 Series) Page 3
R _______
Conditions:
Dedications and Easements
1. Any easements including but not limited to provisions for all public and private utilities,
access, grading, drainage, open space, slope banks, construction, public and private streets,
pedestrian and bicycle facilities, common driveways, and maintenance of the same shall be
shown on the final map and/or shall be recorded separately prior to or concurrent with the first
phase of the map, unless a deferral is requested by the subdivider and granted by the City. Said
easements may be provided for in part or in total as blanket easements.
2. The final map and improvement plans shall show the extent of all on-site and off-site offers of
dedication. Subdivision improvement plans and or preliminary designs may be required for
any deferred improvements so that dedication limits can be established. These improvements
may include but are not limited to road construction and widening, grading and drainage
improvements, utility easements, bridges, bike bridges, transit stops, bikeways, pedestrian
paths, signalized intersections, traffic circles, and roundabouts.
3. The subdivider shall dedicate a 10’ wide street tree easement and 6’ public utility easement
(P.U.E.) across the frontage of each lot. Said easements shall be adjacent to and contiguous
with all public right-of-way lines bordering each lot. A 10’ wide street tree easement and 6’
P.U.E. shall be provided along the frontage for all private streets. A 10’ street tree easement
and 15’ P.U.E. shall be provided along the Orcutt Road frontage (tract boundary).
4. The subdivider shall include a separate offer of dedication for any sections of the Orcutt Area
Specific Plan (OASP) Streets A, B, and/or C located outside the tract boundary if needed for
circulation, access, and/or utility extensions. The developer shall include the offers of
dedication for the Orcutt Road widening improvements in conjunction with or prior to the
map recordation. The developer shall include any other out-of-tract offers of dedication
related to the need for public utility extensions related to orderly development of the OASP
where not otherwise located within a public street.
5. All private improvements shall be owned and maintained by the individual property owners or
the Homeowner’s Association (HOA) as applicable. Private improvements include but are not
limited to streets, sidewalks, private pedestrian/bike paths, sewer mains, water services,
drainage systems, detention basin(s), street lighting, landscape, landscape irrigation, common
areas, pocket parks, and linear park improvements.
6. A notice of requirements or other agreement acceptable to the City of San Luis Obispo may
need to be recorded in conjunction with the Final Map to clarify development restrictions, fee
payments, conditions of development, and references to any pertinent conditions of approval
related to this map, off-site requirements, and/or the interaction of this development to the
remainder of the OASP.
1.b
Packet Pg. 37 Attachment: b - City Council Resolution approving the Project (1327 : West Creek Subdivision)
Resolution No. ______ (2016 Series) Page 4
R _______
7. Off-site easements and/or dedications may be required to facilitate through street access and
public water and sewer main extensions beyond the tract boundary and in accordance with the
OASP. Looped water mains may be required in accordance with the tentative map,
development phasing, and the City water model to provide adequate service and compliance
with adopted codes and standards.
8. Off-site dedication/acquisition of property for this public right-of-way purpose may be
necessary to facilitate orderly development and the anticipated OASP improvements. The
subdivider shall work with the City and the land owner(s) to acquire the necessary rights-of-
way. In the event the subdivider is unable to acquire said rights-of-way, the City Council may
consider lending the subdivider its powers of condemnation to acquire the off-site right-of-way
dedication, including any necessary slope and drainage easements. If condemnation is
required, the subdivider shall agree to pay all costs associated with the off-site right-of-way
acquisition (including attorney fees and court costs).
9. With respect to all off-site improvements, prior to filing of the Final Map, the subdivider shall
either:
a. Clearly demonstrate their right to construct the improvements by showing title or
interest in the property in a form acceptable to the City Engineer; or,
b. Demonstrate, in writing, that the subdivider has exhausted all reasonable efforts to
acquire interest to the subject property and request that the City assist in acquiring the
property required for the construction of such improvements and exercise its power of
eminent domain in accordance with Government Code Section 66462 .5 to do so, if
necessary. Subdivider shall also enter into an agreement with the City to pay all costs of
such acquisition including, but not limited to, all costs associated with condemnation.
Said agreement shall be in a form acceptable to the City Engineer and the City Attorney.
If condemnation proceedings are required, the subdivider shall submit, in a form
acceptable to the City Engineer, the following documents regarding the property to be
acquired:
i. Property legal description and sketch stamped and signed by a Licensed Land
Surveyor or Civil Engineer authorized to practice land surveying in the State of
California;
ii. Preliminary title report including chain of title and litigation guarantee;
iii. Appraisal of the property by a City approved appraiser. In the course of
obtaining such appraisal, the property owner(s) must be given an opportunity to
accompany the appraiser during any inspection of the property or acknowledge in
writing that they knowingly waived the right to do so;
iv. Copies of all written correspondence with off-site property owners including
purchase summary of formal offers and counter offers to purchase at the appraised
price.
1.b
Packet Pg. 38 Attachment: b - City Council Resolution approving the Project (1327 : West Creek Subdivision)
Resolution No. ______ (2016 Series) Page 5
R _______
v. Prior to submittal of the aforementioned documents for City Engineer approval,
the Subdivider shall deposit with the City all or a portion of the anticipated costs,
as determined by the City Attorney, of the condemnation proceedings. The City
does not and cannot guarantee that the necessary property rights can be acquired
or will, in fact, be acquired. All necessary procedures of law would apply and
would have to be followed.
10. Transportation and Subdivision Improvements. Secondary access is required from all portions
and/or phases of the subdivision where more than 30 dwelling units are proposed. The location
and development of the proposed secondary access shall be presented to the City for review
and approval prior to the preparation of the related improvement plans or final map approval.
Secondary emergency vehicle access shall be provided when more than 30 dwellings are
proposed within the SFR neighborhood. The emergency accessway location, construction, and
controls shall be in accordance with the Fire Code, City Engineering Standards, and shall be
approved to the satisfaction of the Fire and Public Works Departments. The secondary access
shall be open to through traffic in a design approved by the City Engineer and Director of
Public Works.
11. Fire Department access shall be provided for each construction phase to the satisfaction of the
Fire Chief. Phased street construction shall consider and provide suitable Fire Department
hydrant access, circulation routes, passing lanes, and turn-around areas in accordance with
current codes and standards.
12. All public streets shall conform to City Engineering Standards and OASP including curb,
gutter, and sidewalk, driveway approaches, and curb ramps as approved by the City Engineer.
Where conflicts occur between the City Engineering Standards and concepts identified in
the OASP, final determination of shall design shall be provided by the City Engineer. Traffic
calming improvements may be required at select locations within the subdivision.
Improvements may include bulb-outs, elevated sidewalks/speed tables, or alternate paving
materials to the satisfaction of the Public Works Department and Fire Department.
13. Final roadway alignment shall be consistent with the City Engineering Standards except where
the applicant has requested and been granted a formal exception.
14. Final roundabout geometry shall be consistent with applicable engineering standards and design
guidelines.
15. As part of public improvement plans review conversion of alleys / private road access points
from a street type entrance to a driveway style entrance. Make revisions as necessary to the
satisfaction of the Public Works Dept.
16. The developer shall record a Notice of Requirements with the map regarding the designed and
installed traffic calming devices and that the subdivision is not eligible for future Residential
Parking District or Neighborhood Traffic Management program processing.
1.b
Packet Pg. 39 Attachment: b - City Council Resolution approving the Project (1327 : West Creek Subdivision)
Resolution No. ______ (2016 Series) Page 6
R _______
17. The improvement plans shall include all final line-of-sight analysis at applicable intersections
to the satisfaction of the Public Works Department. Fence heights and plantings in the areas of
control shall be reviewed in conjunction with the analysis. A separate recorded agreement or
Notice of Requirements for private property owner or HOA maintenance of sight lines may be
required.
18. The final map and improvement plans shall include the required right-of-way, transit stop
easements, and all details and furniture of the required bus turnout to accommodate the
proposed new Type 1 bus stop along Orcutt Road per City Engineering Standards, ADA
requirements, the OASP, and current Short Range Transit plan. The final details and length of
the Orcutt Road bus turn-out/stop shall be approved to the satisfaction of the City Transit
Manager and Public Works Director. The sidewalk width and path of travel shall be amended
to comply with the ADA for transit stops. The turn-out length and geometry shall be revised
to accommodate the proposed recycled water truck hydrant. The space shall be designed to
accommodate a minimum 30’ long, 5,000 gallon water truck.
19. The public improvement plans shall include full frontage improvements on Orcutt Road. The
plans shall show, at a minimum, all improvements including concrete curb, gutter, and
sidewalk per City Engineering Standards on the south side of Orcutt. The final street section
shall include; 6’ integral sidewalk, 8’ parking lane, 6’ bike lane, 12’ travel lane, and a 14’’
two-way left turn lane, 12’ travel lane, 6’ bike lane, and a 5’ detached sidewalk and parkways
in accordance with the tentative map, OASP, City Engineering Standards, and the Cal Trans
Highway Design Manual; the alternate street sections at the transitions, bridge(s), bus turn-out,
and roundabout shall be approved by the City; undergrounding of the overhead utilities on the
south (tract boundary) side; and any off-sites related to utility undergrounding, utility
relocations, or new appurtenances.
20. The roundabout at A Street and Orcutt shall comply with all pertinent City Engineering
Standards and The Highway Design Manual. Off-site traffic, pedestrian, and/or utility
improvements related to the design of the round-a-bout shall be clearly shown and noted in the
public improvement plans.
21. Any jurisdictional permits from the Army Corp, Fish and Wildlife, or Regional Water Quality
Control Board required for the street and road improvements shall be issued prior to plan
approval and/or commencing with work within the respective waterways.
22. The applicant shall conduct neighborhood speed surveys one year after occupancy of each
construction phase at locations approved by the Director of Public Works. If 85th percentile
speeds exceed current City NTM thresholds additional traffic calming measures shall be
installed. The applicant shall bond for these potential additional traffic calming measures.
23. All mitigation measures (MM) specific to Transportation requirements shall be provided as
detailed under Resolution No. XXXX (Approval of the MND), to the satisfaction of the City
Engineer.
24. The subdivider may present financing and reimbursement programs for transportation
1.b
Packet Pg. 40 Attachment: b - City Council Resolution approving the Project (1327 : West Creek Subdivision)
Resolution No. ______ (2016 Series) Page 7
R _______
improvements to be considered with approval and recordation of the initial final map for
VTM#3083. Any such program(s) will be subject to approval by the City Council.
25. The subdivider shall be responsible for securing any off-site right-of-way needs for
VTM#3083, and dedicating that right-of-way to the city as a condition of final map approval.
26. The final map and improvement plans shall include the required right-of-way and all
construction details of the required improvements per City Engineering Standards and the
OASP.
27. Access rights shall be dedicated to the City along Orcutt Road and Street A except at
approved driveway locations as shown on the tentative map.
28. The subdivider shall install public street lighting and all associated facilities including but not
limited to conduits, sidewalk vaults, fusing, wiring, and luminaires along all public streets
including Orcutt Road per City Engineering Standards.
29. Private street lighting may be provided along the private streets per City Engineering
Standards and/or as approved in conjunction with the final ARC approvals.
30. Final street sections shall be approved in conjunction with the review and approval of the final
project drainage report. The final design shall consider drainage, transitions, and
accessibility.
31. All future public streets shall conform to City Engineering Standards including curb,
gutter, and sidewalk, driveway approaches, and curb ramps. Traffic calming improvements
may be required at select locations within in the subdivision. Improvements may include bulb-
outs, elevated sidewalks/speed tables, or alternate paving materials to the satisfaction of the
Public Works Department and Fire Department. The vertical and horizontal controls for A
Street, streets A-2, A-3, and A-4 shall be shown to conform to the tentative map for
neighboring Tract 3044 (Wingate) unless an alternate design is otherwise approved by the
City.
32. Street trees are required as a condition of development. Street trees shall generally be
planted at the rate of one 15-gallon street tree for each 35 lineal feet of property frontage.
Landscape plans may include grouping of trees to vary this standard, to achieve visual variety
or to honor line-of-sight corridors within the subdivision.
33. The public improvement plans shall provide a final analysis of the trees to be removed and
trees to be retained. The existing significant trees located along or across the tract boundary
shall be specifically addressed and approved for removal by the City. A tree preservation plan
shall be provided by a Certified Arborist for any trees to remain or to be relocated.
34. Improvement plans for the entire subdivision, including any off-site improvements shall be
approved to the satisfaction of the Public Works Department, Utilities Department, and
Fire Department prior to map recordation. Off-site improvements may include but are not
1.b
Packet Pg. 41 Attachment: b - City Council Resolution approving the Project (1327 : West Creek Subdivision)
Resolution No. ______ (2016 Series) Page 8
R _______
limited to roadways, sewer mains, water mains, recycled water mains, and storm drain
improvements. Off-site improvements may include off-site access roadways and utility system
improvements.
35. A separate demolition permit will be required from the Building Division for the removal of
any existing structures and related infrastructure. Building removals are subject to the Building
Demolition Regulations including the additional notification and timing requirements for any
structure over 50-years old. The developer shall clarify any approvals necessary to remove the
existing miscellaneous structures that are shown to straddle the easterly property line/tract
boundary.
36. The improvement plans shall clearly show all existing structures, site improvements, utilities,
water wells, septic tanks, leach fields, gas and wire services, etc. The plan shall include any
pertinent off-site water well and private waste disposal systems that are located within
regulated distances to the proposed drainage and utility improvements. The plan shall include
the proposed disposition of the improvements and any proposed phasing of the removal and
demolition. All structures and utilities affected by the proposed lot lines shall be removed and
receive final inspection approvals prior to map recordation.
37. If construction phasing of the new street pavement is proposed, the phasing shall provide for
the ultimate structural street section and pavement life (per the City's Pavement Management
Plan) prior to acceptance by the City. The engineer of record shall detail this requirement in
the public improvement plans, to the satisfaction of the Public Works Director.
38. The improvement plan submittal shall include a complete construction phasing plan in
accordance with the conditions of approval, City codes, and standards. A truck circulation plan
and construction management and staging plan shall be included with the improvement plan
submittal. General truck routes shall be submitted for review and acceptance by the City. The
engineer of record shall provide a summary of the extent of cut and fill with estimates on the
yards of import and export material. The summary shall include rough grading, utility trench
construction, road construction, AC paving, concrete delivery, and vertical construction
loading estimates on the existing public roadways. The developer shall either; 1) complete
roadway deflection testing before and after construction to the satisfaction of the City Engineer
and shall complete repairs to the pre-construction condition, or 2) shall pay a roadway
maintenance fee in accordance with City Engineering Standards and guidelines, or 3) shall
propose a pavement repair/replacement program to the satisfaction of the City Engineer prior
to acceptance of the subdivision improvements.
39. Retaining wall and/or retaining wall/fence combinations along property lines shall be approved
to the satisfaction of the Planning Division and shall conform with the zoning regulations for
allowed combined heights or shall be approved through the ARC or separate fence height
exception process.
40. The ARC plans and public improvement plans shall show the location of the proposed mail
receptacles or mail box units (MBU’s) to the satisfaction of the Post Master and the City
Engineer. Provide a mailbox unit or multiple units to serve all dwelling units within this
1.b
Packet Pg. 42 Attachment: b - City Council Resolution approving the Project (1327 : West Creek Subdivision)
Resolution No. ______ (2016 Series) Page 9
R _______
development as required by the Post Master. MBU’s shall not be located along A Street,
Orcutt Road, or within the public right-of-way or public sidewalk area unless specifically
approved by the City Engineer. Contact the Post Master at 543-2605 to establish any
recommendations regarding the number, size, location, and placement for any MBU’s to serve
the R-4 and R-2 neighborhoods.
41. Separate plans shall be submitted for the public park improvements and for any deferred
private site development. Parking lot designs shall comply with the parking and driveway
standards and Engineering Standard 2010. All parking spaces must be designed so that
vehicles can enter in one maneuver. Furthermore, all spaces shall be designed so that vehicles
can exit to the adjoining street in a forward direction in not more than two maneuvers.
42. The proposed perpendicular parking along Street A-2 shall be owned and maintained by the
Homeowners Association. The final street section, right-of-way, and easements shall be
approved by the City. Any public easements or private encroachment agreements required in
conjunction with the parking area shall be recorded in conjunction with the map. The parking
area shall comply with the Parking and Driveway Standards unless other designs are approved
by the Community Development Department.
43. The use of porous concrete or porous pavers shall be used for private parking areas, V -gutters,
private curb and gutter, etc. to the extent feasible within the over-all drainage design for water
quality treatment in accordance with the OASP.
44. Unless otherwise approved by the Public Works Department, the private alley connection to
streets A-2 and A-4 shall be completed with driveway approaches per City Engineering
Standards.
45. The subdivision improvement plans shall show that accessibility to all common areas within the
R-2 and R-4 neighborhoods and off-site park area is achieved per ADA and the CBC to the
satisfaction of the Building Division. Show access to BBQ and picnic tables, linear park
elements, mailbox units, etc.
Utilities
46. Separate utilities, including water, sewer, gas, electricity, telephone, and cable TV shall be
served to each lot to the satisfaction of the Public Works Department and serving utility
companies. All public and private sewer mains shall be shown on the public improvement
plans and shall be constructed per City Engineering Standards unless a waiver or alternate
standard is otherwise approved by the City. The plans shall clearly delineate and distinguish
the difference between public and private improvements.
47. Specialized street pavement in the area of public storm drains, water and/or sewer
mains may create maintenance/replacement concerns and additional costs. The final
pavement sections shall be reviewed and approved in conjunction with ARC approvals and
public improvement plan review. A separate agreement and/or CC&R provision shall be
required to clarify that the West Creek Master HOA will have final street maintenance
1.b
Packet Pg. 43 Attachment: b - City Council Resolution approving the Project (1327 : West Creek Subdivision)
Resolution No. ______ (2016 Series) Page 10
R _______
responsibility in areas of specialized pavement where said pavement is damaged or removed in
conjunction with public improvements or maintenance of said public infrastructure.
48. Recycled water mains shall be installed in public streets in order to serve recycled water to the
city park, HOA maintained landscaped areas, temporary irrigation for mitigation areas, and
detention basins. The applicant shall work with the Water Division of the City’s Utilities
Department to determine the appropriate size of all proposed recycled water mains.
49. City recycled water or another non-potable water source, shall be used for construction water
(dust control, soil compaction, etc.). An annual Construction Water Permit is available from
the City’s Utilities Department. Recycled water is readily available near the intersection of
Tank Farm Road and Orcutt Road.
50. Final grades and alignments of all public and/or private water, sewer and storm drains shall be
approved to the satisfaction of the Public Works Director and Utilities Department. The final
location, configuration, and sizing of service laterals and meters shall be approved in
conjunction with the review of the building plans, fire sprinkler plans, and/or public
improvement plans.
51. The gas main may need to be located into a joint trench in accordance with PUC and utility
company standards to provide additional clearances within the pavement section of all streets
to accommodate the several City public utility mains.
52. The proposed public storm drain lines located within A-2, A-3, and A-4 streets shall be
relocated into the street pavement areas unless specific areas are specifically accepted by the
Public Works Department. Otherwise, storm drain lines located under parkways, curb, gutter,
and/or sidewalk shall be private for maintenance by the Homeowners Association.
53. The required extension of the existing public storm drains, culverts, or bridges for the street
improvements and widening on Orcutt shall be approved to the satisfaction of the Public
Works Department. The existing downstream outlets and creek corridors shall be cleared of
existing trash, debris, deadwood, failed infrastructure, and obstructions to the satisfaction of
the City.
54. The flowline for the outlet for the crossing at Fernwood shall be lowered to provide for free
flow and to minimize maintenance concerns from backwater, ponding, or sedimentation. The
culvert/bridge crossing at Lawnwood shall be evaluated for any material defects prior to
extending or abandonment. The existing CMP culvert in disrepair may need to be replaced or
lined to the satisfaction of the Public Works Department. The existing bridge and headwall
structural system shall be abandoned and backfilled in favor of a conventional City
Engineering Standard storm drain pipe to the satisfaction of the Public Works Department.
55. The improvement plans shall show the location of all domestic and landscape water meters.
The plan shall include service lateral sizes and meter sizes. Sizing calculations may be
required to justify service and meter sizing. Water impact fees related to the irrigation water
meter(s) shall be paid prior to approval of the subdivision improvement plans for each
1.b
Packet Pg. 44 Attachment: b - City Council Resolution approving the Project (1327 : West Creek Subdivision)
Resolution No. ______ (2016 Series) Page 11
R _______
pertinent map and/or construction phase.
56. Off-site utility improvements shall include water, sewer and recycled water as provided by
Mitigation Measures USS-VTM3083-1, -2 and -3, to the satisfaction of the Utilities Director.
57. A reimbursement request, if proposed for the off-site water main upgrade, shall include all
pertinent details and analysis in accordance with City and State codes and ordinances and shall
be presented separately to the City Council.
58. The City will not be responsible for replacement of any specialty street pavement within
private streets. City trench repairs within private streets will be backfilled and finished per
City Engineering Standards.
59. A final sewer report and supporting documentation for the OASP public sewer main
design shall be approved by the Utilities Department prior to approval of the public
improvement plans. The final sewer report shall discuss and present additional information and
assumptions on the system elevations and grades that will allow other OASP parcels to utilize
the proposed public sewer main in accordance with the OASP Wastewater Plan. The
applicant shall submit an analysis of a backbone system that shows the elevations and
grades that serve the adjacent parcels described in the study. The City will have the final
discretion on the extent and limits of the study if additional properties could reasonably benefit
from the proposed alignment.
60. The depth of the off-site and on-site sewer mains shall be approved to the satisfaction of the
Utilities Director. The depth analysis shall consider the balance between the possible extent of
the gravity sewer basin needed to serve the other OASP properties and the long- term public
maintenance requirements related to sewer depth.
61. The public improvement plan submittal shall show all existing and proposed overhead wire
utilities. Any existing overhead wiring within the tract boundary and adjoining Orcutt Road
shall be undergrounded in conjunction with the subdivision improvements. Unless otherwise
specifically approved, pole relocation in lieu of undergrounding is not supported.
62. Terminal end utility poles shall be located off-site unless otherwise approved by the City.
63. Preliminary undergrounding plans for the entire subdivision shall be processed through PG&E
and any respective wire utility companies in conjunction with public improvement plan
submittal. The undergrounding improvements shall be completed with each construction phase
unless otherwise required earlier for orderly development, or specifically deferred to the
satisfaction of the City.
64. The subdivider shall install public street lighting and all associated facilities including but not
limited to conduits, sidewalk vaults, fusing, wiring, and lumenaires along all public streets
including Orcutt Road per City Engineering Standards.
65. Lighting fixtures, including public streetlights shall not exceed 16’ in height in accordance
1.b
Packet Pg. 45 Attachment: b - City Council Resolution approving the Project (1327 : West Creek Subdivision)
Resolution No. ______ (2016 Series) Page 12
R _______
with the OASP unless otherwise required for traffic safety. The developer shall submit a
streetlight proposal for approval by the City Engineer for any public streetlights. Street lights
associated with the Orcutt Road improvements, signalized intersections, or round-a-bouts.
Street lighting shall comply with the OASP, Highway Design Manual and City Engineering
Standards.
66. The Applicant shall provide easements and all-weather access for proposed sewer connection
from the project’s proposed “A” Street to Willow Circle. No trees shall be permitted in the
sewer easement.
67. The existing sewer main located within the UPRR right of way at the Bullock Lane/Capitolio
crossing shall be upgraded/replaced from Bullock Lane to the manhole in Capitolio as a
condition of development. The applicant and engineer of record shall coordinate a field meeting
with Utilities Department staff prior to development of the plan and submittals to the respective
agencies.
68. The developer shall submit an application and design for the new sewer to the City and UPRR
in conjunction with the first phase of development and initial public improvement plan
submittal. The installation shall be completed and final inspection approvals granted prior to the
issuance of the building permit for the 30th residential unit.
69. Off-site utility improvements shall include the water main upgrade/replacement and extension
from the High Pressure/Bishop Pressure zone at the intersection of Tanglewood/Johnson
Avenue to serve the subdivision and replacement of the water main in Orcutt Road from the
Orcutt/Johnson intersection to A Street. Pipe sizing is contingent upon the modeling for the
proposed development phases and looping of the main. Pressure regulating valves (including
connection with the City’s SCADA system), control valves, or other appurtenances may be
required by the Utilities Department as a part of the required water system improvements to be
certain that the new area interacts properly with the existing water system.
70. Recycled water mains shall be extended from Tank Farm Road in coordination with other
development in the OASP for irrigation of common area landscaping, streetscape, and any
irrigated park or open space areas. A metered recycled water filling station shall be provided
on Orcutt Road. Applicant shall work with the Water Division of the City’s Utilities
Department to determine the appropriate size of all proposed recycled water mains.
71. Irrigation systems using recycled water shall be designed and operated as described consistent with
the City’s Procedures for Recycled Water Use, including the requirement that sites utilizing
recycled water require backflow protection on all potable service connections. Three sets of
irrigation plans shall be submitted to the Building Department for review during the City’s
building permit review process.
72. Potable city water shall not be used for major construction activities, such as grading and dust
control, as required under Prohibited Water Uses; Chapter 17.07.070.C of the City’s Municipal
Code. Recycled water is available through the City’s Construction Water Permit program.
1.b
Packet Pg. 46 Attachment: b - City Council Resolution approving the Project (1327 : West Creek Subdivision)
Resolution No. ______ (2016 Series) Page 13
R _______
Information on the program is available at:
http://www.slocity.org/home/showdocument?id=5909
73. Final alignment of all water and sewer mains to be approved by the Utilities Department.
74. The project’s Landscape Plan shall be consistent with provisions of the City’s declared drought
emergency (estimated total water use (ETWU) cannot exceed 50 percent of maximum applied
water allowance or (MAWA)).
Grading, Drainage & Storm Water
75. Any permit approvals required from the Army Corp of Engineers, Californian Fish and
Wildlife, or the Regional Water Control Board shall be secured and presented to the City prior
to the approval of any subdivision grading and/or improvements related to the proposed phase
of construction. The engineer of record shall review the permit approvals and any specific
permit conditions for compliance with the plans, subdivision improvement designs, drainage
system design/report, and soils report. The engineer of record shall forward the permits to the
City with a notation that the permits have been reviewed and are in general conformance with
the design of the improvements.
76. The public improvement plans submittal shall clarify how any wetlands, creek corridors, and
riparian habitat areas will be preserved to the satisfaction of the Natural Resources Manager.
Include any specific details for the propo sed creek crossings in accordance with any
preservation strategies, mitigation measures, and higher governmental authority agency
permits. Sensitive areas shall be staked, fenced, or otherwise delineated and protected prior to
commencing with construction, grading, or grubbing.
77. The developer shall exhaust reasonable efforts to eradicate and control the expansion of any
known non-native and invasive species including but not limited to the Tree of Heaven and
Castor Bean plants to the satisfaction of the Natural Resources Manager. These plants may
require treatment in advance and prior to commencing with ground disturbing activities and
grading.
78. Expansion index testing or other soils analysis may be required on a lot-by-lot basis for all
graded pads and for in-situ soils on natural lots in accordance with the current Building
Codes or where deemed necessary by the City Engineer or Building Official.
79. Final pad certifications shall include the certification of pad construction and elevations.
The soils engineer shall certify all grading prior to acceptance of the public improvements
and/or prior to building permit issuance. The certification shall indicate that the graded pads
are suitable for their intended use.
80. Cut and fill slopes shall be protected as recommended by the soils engineer. Brow ditches,
drainage collection devices, and drainage piping may be required. The public improvement
plans and final map shall reflect any additional improvements and private easements
necessary for slope protection and maintenance. Unless otherwise approved for public
maintenance by the City Engineer, brow ditches and drainage collection devices upslope of
1.b
Packet Pg. 47 Attachment: b - City Council Resolution approving the Project (1327 : West Creek Subdivision)
Resolution No. ______ (2016 Series) Page 14
R _______
building sites shall be maintained by the HOA.
81. The subdivision improvement plans shall include a complete grading plan to show site
accessibility in accordance with State and Federal regulations for all public and/or private
roads, transit stops, trails, paths, walks, bikeways, parks, and bridges where applicable. The
submittal shall provide additional analysis if site accessibility will not be provided and for
any feature or element where accessibility is purportedly not required. The accessibility
regulations or guidelines in effect at the time of subdivision improvement construction will
be applied.
82. Unless updated by subsequent regulations or guidelines, the sidewalks within the private
streets shall be widened to 5’ or shall provide a 4’ clear width with 5’ passing lanes in
accordance with the current ADA regulations.
83. The subdivision improvement plans, grading plans, drainage plans, and drainage reports
shall show and note compliance with City Codes, Standards and Ordinances, Floodplain
Management Regulations, OASP stormwater provisions, Waterways Management Plan
Drainage Design Manual, and the Post Construction Stormwater Regulations as
promulgated by the Regional Water Quality Control Board, whichever pertinent sections are
more restrictive.
84. The improvement plan submittal shall include a complete grading, drainage, and erosion
control plan. The proposed grading shall consider the proposed construction phasing.
Historic off-site and upslope watersheds tributary to the area of phased construction shall be
considered. Run-off from adjoining developed or undeveloped parcels shall be considered.
85. The calculated 100-year flood limits shall be shown and noted on the improvement plans
and an additional final map sheet for reference. The drainage report and final plans shall
clarify the 100-year flood elevations, clearances, and freeboard at all new vehicle bridge,
pedestrian bridge, and pipe bridge crossings of the creek corridors.
86. The engineer of record shall provide a digital copy of the final HEC-RAS modeling to the
City in accordance with Section 4.0 of the Waterways Management Plan Drainage Design
Manual.
87. The developer shall prepare an Operations and Maintenance Manual for review and
approval by the City in conjunction with the development of any stormwater BMP’s that
will be maintained by the HOA or by the respective private property owner. A Private
Stormwater Conveyance Agreement shall be recorded in a format provided by the City
prior to final inspection approvals and acceptance of subdivision improvements.
88. The subdivider/developer shall provide notification to private property owners regarding
any individual maintenance responsibility of any parkway or backyard stormwater BMP’s
in accordance with Section E.2 of the RQWCB Resolution R3-2013-0032. The
notification may be by Notice of Requirements or other method acceptable to the City.
1.b
Packet Pg. 48 Attachment: b - City Council Resolution approving the Project (1327 : West Creek Subdivision)
Resolution No. ______ (2016 Series) Page 15
R _______
89. The stormwater improvements other than City Standard public storm drain infrastructure
shall be maintained by the HOA. A separate encroachment/hold harmless agreement may
be required in conjunction with certain improvements proposed for location within the
public rights-of-way.
90. The final details for the proposed bioretention facilities located within the public right-of-
way shall be approved to the satisfaction of the City Engineer. The project soils engineer
shall review and provide recommendations on the proposed site constructed and/or
proprietary retention systems. Analysis of impacts to the public improvements, protection
of utilities, and methods to minimize piping and protection of private properties shall be
addressed in the final analysis.
91. The proposed detention basins and any pre-basin shall be designed in accordance with the
OASP requirements and the Waterways Management Plan Drainage Design Manual. The
proposed surface runoff and drainage from the detention basin(s) shall include a non-
erosive outlet to an approved point of disposal. The outlet(s) design and location should
replicate the historic drainage where feasible. Any off-site detention basin, temporary
basin, or other drainage improvements shall be approved by the City. Any required or
proposed off-site grading or drainage improvements shall be completed within recorded
easements or under an appropriate license or other private agreement.
92. The subdivider shall submit CC&R's with the Final Map that establishes a Homeowner's
Association (HOA). The HOA shall provide for the optional automatic annexation of all
other tracts in the OASP as it relates to the shared regional detention basin. The subsequent
tracts may, at their sole discretion, annex to the HOA, or demonstrate to the city's
satisfaction how they will provide storm drainage mitigation through their own subdivision
design and HOA. The HOA shall provide for maintenance of all private common area
drainage channels, on-site and/or sub-regional drainage basins, water quality treatment and
conveyance improvements. The CC&R's shall be approved by the City and shall be
recorded prior to or concurrent with recordation of the Final Map. A Notice of Annexation
or other appropriate mechanism to annex other subdivisions into the HOA, including but
not limited to the shared regional detention basin, shall be recorded concurrently with the
map.
93. The naming of the local creeks and drainages shall comply with the appropriate and
pertinent creek naming standards and justifications. The inclusion of the naming on the
final map and/or improvement plans shall be approved by the City prior to map and/or
plan approval as applicable.
94. All bridging, culverting and modifications to the existing creek channels along with any
necessary clearing of existing creek and drainage channels, including tree pruning or
removals, and any necessary erosion repairs shall be in compliance with the OASP, city
standards and policies, the Waterways Management Plan and shall be approved by the
Natural Resources Manager, Public Works Department, Army Corp of Engineers, the
Regional Water Quality Control Board, and California Fish & Wildlife.
1.b
Packet Pg. 49 Attachment: b - City Council Resolution approving the Project (1327 : West Creek Subdivision)
Resolution No. ______ (2016 Series) Page 16
R _______
95. Any existing areas of swale, creek and/or channel erosion shall be stabilized to the
satisfaction of the City Engineer, Natural Resources Manager, and other permitting
agencies.
96. The project soils engineer shall review the final grading and drainage plans and Low
Impact Development (LID) improvements. The soils report shall include specific
recommendations related to public improvements, site development, utility, and building
pad/foundation construction related to the proposed LID improvements. The project soils
engineering report shall be referenced on the final map in accordance with the Subdivision
Regulations and City Engineering Standards.
97. The final plans and drainage report shall show and note compliance with City Engineering
Standard 1010.B for spring or perched groundwater management and for water quality
treatment of run-off from impervious streets, drive aisles, parking areas, and trash
enclosure.
98. A SWPPP is required in accordance with State and local regulations. A hard copy of the
SWPPP shall be provided to the City in conjunction with the Public Improvement Plan
submittal and subsequent building plan submittals. The WDID number shall be included by
reference on all construction plans sets. An erosion control plan shall be included with the
improvement plans and all building plan submittals for demolitions, grading, and new
construction.
99. The project development and grading shall comply with all air quality standards and
mitigation measures. The developer shall provide written notification from the County Air
Pollution Control District (APCD) regarding compliance with all local, state, and federal
regulations including but not limited to the National Emission Standards for Hazardous Air
Pollutants (NESHAP) regulations related to Naturally Occuring Asbestos (NOA).
Fire
100. The project shall provide a minimum of two points of access to the subdivision from an
existing public way wherever there are more than 30 housing units. Emergency Vehicle
Access points may be accepted in lieu of full access.
101. All streets that are less than 28 feet in width shall be posted “No Parking – Fire Lane” on
both sides. Streets less than 36 feet in width shall be posted on one side only.
102. The project shall provide water mains and city-standard fire hydrants to provide a minimum
needed fire flow of 1500 GPM for 2 hours to within 300 feet of the exterior walls of all
proposed structures. Fire hydrant spacing shall not exceed 500 feet.
Homeowners’ Association
103. Subdivider shall prepare conditions, covenants, and restrictions (CC&R's) to be
approved by the City Attorney and Community Development Director prior to final map
1.b
Packet Pg. 50 Attachment: b - City Council Resolution approving the Project (1327 : West Creek Subdivision)
Resolution No. ______ (2016 Series) Page 17
R _______
approval that establishes a “Master Homeowner’s Association” (Master HOA). To the
extent desired by the subdivider, individual phases of the project may include sub-
associations. CC&R's shall minimally contain the following provisions that pertain to all
lots:
a. The initial set of CC&R’s provided for the VTM#3083 final map shall provide for
automatic annexation of subsequent phases to the Master HOA. A graphic or other
exhibit describing all properties to be annexed to the West Creek Master HOA shall be
included with any CC&R’s for VTM#3083.
b. All private improvements shall be owned and maintained by the individual property
owners, sub-associations or the Master Homeowner’s Association as applicable. Private
improvements include but are not limited to streets, sidewalks, pedestrian and bike paths,
sewer mains, drainage systems, detention basin(s), street lighting, landscape, landscape
irrigation, and common area improvements.
c. Grant to the city the right to maintain common areas if the HOA fails to perform, and to
assess the HOA for expenses incurred, and the right of the city to inspect the site at
mutually agreed times to assure conditions of CC&R's and final map are being met.
d. No parking except in approved, designated spaces.
e. No outdoor storage of boats, campers, motorhomes, or trailers nor long-term storage of
inoperable vehicles.
f. No outdoor storage by individual units except in designated storage areas.
g. The responsibility for the placement of the trash and recycling containers at the street on
collection days will be the responsibility of the property owner’s association. The
property owner’s association shall coordinate with San Luis Garbage Company
regarding the collection time and preferred location for the placement of trash and
recycling containers to minimize the obstruction of project streets.
h. No changes in city-required provisions of the CC&R's will be considered valid and in
effect without prior City Council approval.
i. Provision for all of the maintenance responsibilities outlined in various conditions.
Planning Requirements
104. At the time of submittal of a request for a final map, the subdivider shall provide a written
report detailing the methods and techniques employed for complying with all required
environmental mitigation measures as adopted herein.
105. In order to be consistent with the requirements of the Orcutt Area Specific Plan and
County Airport Land Use Plan, the property owner shall grant an avigation easement for the
1.b
Packet Pg. 51 Attachment: b - City Council Resolution approving the Project (1327 : West Creek Subdivision)
Resolution No. ______ (2016 Series) Page 18
R _______
benefit and protection of the City of San Luis Obispo, the County of San Luis Obispo and the
San Luis Obispo County Airport via an avigation easement document prior to the recordation
of the final map.
106. All owners, potential purchasers, occupants (whether as owners or renters), and potential
occupants (whether as owners or renters) shall receive full and accurate disclosure concerning
the noise, safety, or overflight impacts associated with airport operations prior to entering any
contractual obligation to purchase, lease, rent, or otherwise occupy any property or properties
within the airport area.
107. Provisions for trash, recycle, and green waste containment, screening, and collection shall
be approved to the satisfaction of the City and San Luis Obispo Garbage Company. Proposed
refuse storage area(s) and on-site conveyance shall consider convenience, aesthetics, safety, and
functionality. Ownership boundaries and/or easements shall be considered in the final design.
Any common storage areas shall be maintained by the HOA and shall be included in the CCR’s
or other property maintenance agreement accordingly. The solid waste solutions shall be
shown and noted on the submittal(s) for Architectural Review Commission (ARC) approvals.
108. Prior to the issuance of building permits for residential units, the Architectural Review
Commission shall review the residential building program, including building and landscape
improvements, and provide comments and recommendations to the Community Development
Director. Final architectural design approval authority shall be vested in the Community
Development Director. Director decisions may be appealed pursuant to standard city policies.
109. Prior to the recording of any phase of the final map, the applicant shall enter into an Affordable
Housing Agreement with the City Council that details the timing of construction of affordable
units on-site and contains guarantees for failure to complete any or all of the affordable housing
units (such as collecting affordable housing in-lieu fees, cash guarantees for the completion of
the affordable units, providing a letter of credit, bond or other financial guarantee to assure
compliance).
110. A construction phasing plan shall be submitted to the Community Development Director
prior to the issuance of the first building permit.
111. The subdivider shall develop a Construction Management Plan for review and approval
by the Public Works and Community Development Directors. The plan shall be submitted
prior to the issuance of a building permit for proposed project buildings and/or a phase of
buildings. In addition, the contractor or builder shall designate a person or persons to monitor
the Construction Management Plan components and provide their contact names and phone
numbers. The Construction Management Plan shall include at least the following items and
requirements:
a. A set of comprehensive traffic control measures, including scheduling of major truck trips
and deliveries to avoid peak traffic and pedestrian hours, detour signs if required,
directional signs for construction vehicles, and designated construction access routes.
1.b
Packet Pg. 52 Attachment: b - City Council Resolution approving the Project (1327 : West Creek Subdivision)
Resolution No. ______ (2016 Series) Page 19
R _______
b. Notification procedures for adjacent property owners and public safety personnel
regarding when major deliveries and more intensive site work may be occurring.
c. Location of construction staging areas which shall be located on the project site, for
materials, equipment, and vehicles.
d. Identification of haul routes for movement of construction vehicles that would minimize
impacts on vehicular and pedestrian traffic, circulation and safety, and noise impacts to
surrounding neighbors.
e. The applicant shall ensure that the construction contractor employs the following noise
reducing measures:
i. Standard construction activities shall be limited to between 7:00 a.m. and
7:00 p.m. Monday through Saturday.
ii. All equipment shall have sound-control devices no less effective than those
provided by the manufacturer. No equipment shall have un-muffled exhaust
pipes; and
iii. Stationary noise sources shall be located as far from sensitive receptors as
possible, and they shall be muffled and enclosed within temporary sheds, or
insulation barriers or other measures shall be incorporated to the extent possible.
f. Temporary construction fences to contain debris and material and to secure the site.
g. Provisions for removal of trash generated by project construction activity.
h. A process for responding to, and tracking, complaints pertaining to construction
activity.
i. Provisions for monitoring surface streets used for truck routes so that any damage and
debris attributable to the trucks can be identified and corrected.
j. Designated location(s) for construction worker parking.
112. Parklands Development Fee Credit. In exchange for development of the "West Creek
neighborhood parks" (described as Lots 68, 69, 71, 72) or such other configuration of lots as
finally agreed upon by the city, the subdivider shall be entitled to a parklands development fee
credit of up to $250,000 for improving and maintaining the referenced lots for public city
use. The credit amount shall be considered by the Parks and Recreation Commission, with
their recommendation to the City Council prior to recordation of a final map. The Parks and
Recreation Commission shall be responsible for Final Design Review of the referenced parks
prior to construction.
1.b
Packet Pg. 53 Attachment: b - City Council Resolution approving the Project (1327 : West Creek Subdivision)
Resolution No. ______ (2016 Series) Page 20
R _______
113. Pursuant to Government Code §66474.9(b), the subdivider shall defend, indemnify and
hold harmless the City and/or its agents, officers and employees from any claim, action or
proceeding against the City and/or its agents, officers or employees to attack, set aside, void
or annul, the approval by the City of this subdivision, and all actions relating thereto,
including but not limited to environmental review.
114. Conditions relating to phasing and timing of infrastructure are approved as contained herein,
or as approved by the Community Development and Public Works Directors during review of
public improvement plans and final maps.
115. Financing and “fair share” contribution plans may be submitted for City Council review with
any final map application. The City Council will have sole discretion as to an y
reimbursement and/or fee credit programs implemented with said final maps.
Upon motion of _______________________, seconded by _______________________,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _____________________ 2016.
____________________________________
Mayor Jan Marx
ATTEST:
____________________________________
Lee Price, MMC
Interim City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick
City Attorney
1.b
Packet Pg. 54 Attachment: b - City Council Resolution approving the Project (1327 : West Creek Subdivision)
Resolution No. ______ (2016 Series) Page 21
R _______
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this ______ day of ______________, _________.
______________________________
Lee Price, MMC
Interim City Clerk
1.b
Packet Pg. 55 Attachment: b - City Council Resolution approving the Project (1327 : West Creek Subdivision)
West Creek Project Description (March 2016)
Project Site
The West Creek project, a portion of the larger Orcutt Area Specific Plan, proposes to develop a
broad range of residential unit types along Orcutt Road near the intersection with Johnson
Avenue. The project is designed as a single project spanning two OASP designated sites totaling
18.29 acres, the Mid-State (076-481-002) and Maddalena (076-481-001) parcels. There are
several unique constraints that must be confronted with development of the site, including 52
feet in grade change, two forks of Orcutt Creek which pass through the site, a PG&E easement
along the entire southern property line, and OASP requirements to provide vehicle access to
future neighboring developments to both the east and south. The combination of the two
parcels into a single project creates a more efficient design solution to work with both site
opportunities and constraints. The single project solution allows for the target OASP unit count
to be achieved while providing additional open space and community amenities.
Housing Types
The project includes two distinct project areas which provide a wide range of housing types to
address needs within the community. All of parcel 076-481-001 is currently zoned by the City as
High-Density Residential (R-4). APN 076-481-002 is currently designated as Medium-Density
Residential (R-2), with the exception of the northwest corner of the parcel, which is zoned as
High-Density Residential (R-4). Consistent with the OASP land use designations, areas generally
north of the East Fork of Orcutt Creek are developed with multi-family units at densities
anticipated in the R-4 zone, and the areas south of the creek are developed with small-lot
single-family homes, appropriate for their R-2 designation.
Traditional Homes: The 67 single-family homes in the R-2 zone contain two distinct housing
types – traditional (23) and parkway (44). Within the single-family traditional product, the lot
sizes range from 4,500 square feet to 7,376 square feet. The single-family traditional lots would
serve multi-generational living through flexible floor plan layouts, including optional attached
secondary dwelling units. There are three different model types that provide for different
preferences, including:
1) Single-story unit with 1,830 square feet (3 bedrooms);
2) Two-story unit with 2,027 square feet (3 bedrooms);
3) Two-story multi-generational units with 2,063 square feet (3 bedrooms), and an
optional 450 square-feet efficiency unit for a family member.
Parkway Homes: With the parkway homes, the predominant lot size is 3,150 square feet. There
are three model types all of which are two stories and include three bedrooms with floor area s
ranging between 1,651 to 1,959 square feet. To facilitate neighborhood interaction and provide
for communal play areas for children, grand parkways have been incorporated in between
1.c
Packet Pg. 56 Attachment: c - Project Description (1327 : West Creek Subdivision)
portions of the single-family parkway lots with front porches fronting onto and engaging with
these spaces.
Multi-Family Units: The condominiums will have seven separate buildings with the same mix
of units in each building. There will be five (5) studios, one (1) one-bedroom unit, and nine (9)
two-bedroom units in each of the seven buildings. The 105 units are composed of 35 studios, 7
one-bedroom units, and 63 two-bedroom units. The floor area for the one-bedroom units is
703 square feet, and the 2-bedroom townhomes range between 951 to 1,215 square feet.
Studio units by City definition need to be 450 square feet or less.
A number of high quality amenities are associated directly with the multi-family condominiums,
providing these occupants the opportunity to engage with neighbors and enjoy the
indoor/outdoor lifestyle encouraged in the OASP as well. A 1,655 square-foot clubhouse is
proposed between Buildings C & F on the north side of the riparian corridor. The clubhouse will
provide usable indoor space for different activities and events, as well as include a bike service
facility. Other amenities include tables and BBQ facilities with views of the creek corridor.
Parks & Open Space
In addition to the residential units, the project includes significant park and open space areas,
pedestrian and bicycle paths, trails, and traffic calming features to promote the pedestrian
friendly environment envisioned by the OASP. Park and open spaces areas includ e the western
extent of the site and Orcutt Creek as it crosses the site from east to west which achieves multi-
purpose/multi use functions. These areas will provide for biological enhancement and drainage
mitigation, play/turf area, open space, seating areas, and opportunities for a community garden,
thereby providing both active and passive recreation amenities for the future residents of the
subdivision and the overall community as a whole. These areas would also be directly accessible
to the existing mobile home park residents to the west and homes to the north, which are
currently considered underserved by parks. In addition to the community park and open space
areas, ample parkways are provided in the southern portion of the project as neighborhood
commons among the units.
Road Infrastructure
Proposed road infrastructure includes incorporation of a main collector street (‘A’) that
connects to Orcutt Road and in the future will connect to the rest of the Orcutt Area Specific
Plan development. Primary street (‘A2’) has been incorporated to provide potential future
access needs of other Orcutt Area Specific Plan developments. Secondary streets (‘A3’and ‘A4’)
have been incorporated to provide access to the proposed parkway single family and traditional
single family lots. In addition, alleys have been incorporated within the parkway family lots for
garage access.
1.c
Packet Pg. 57 Attachment: c - Project Description (1327 : West Creek Subdivision)
Project Goals
Goals for the West Creek project include but are not limited to:
Meeting the overall goals of the Orcutt Area Specific Plan, as established in connection
with the City’s General Plan;
Providing a broad range of residential housing types for both buyers and renters with
varying income-levels that meet the City’s overall housing needs;
Protecting and enhancing creek habitat found within the project site area; and
Providing open space and recreational amenities to promote active lifestyles of current
and future residents.
1.c
Packet Pg. 58 Attachment: c - Project Description (1327 : West Creek Subdivision)
1050 Southwood DriveSan Luis Obispo, CA 93401P 805.544.7407 F 805.544.38631.d
Packet Pg. 59
1050 Southwood DriveSan Luis Obispo, CA 93401P 805.544.7407 F 805.544.3863xxx1.d
Packet Pg. 60
1050 Southwood DriveSan Luis Obispo, CA 93401P 805.544.7407 F 805.544.38631.d
Packet Pg. 61
1050 Southwood DriveSan Luis Obispo, CA 93401P 805.544.7407 F 805.544.38631.d
Packet Pg. 62
========================1050 Southwood DriveSan Luis Obispo, CA 93401P 805.544.7407 F 805.544.38631.d
Packet Pg. 63
============================1050 Southwood DriveSan Luis Obispo, CA 93401P 805.544.7407 F 805.544.38631.d
Packet Pg. 64
1050 Southwood DriveSan Luis Obispo, CA 93401P 805.544.7407 F 805.544.38631.d
Packet Pg. 65
1050 Southwood DriveSan Luis Obispo, CA 93401P 805.544.7407 F 805.544.38631.d
Packet Pg. 66
1050 Southwood DriveSan Luis Obispo, CA 93401P 805.544.7407 F 805.544.38631.d
Packet Pg. 67
1050 Southwood DriveSan Luis Obispo, CA 93401P 805.544.7407 F 805.544.38631.d
Packet Pg. 68
1050 Southwood DriveSan Luis Obispo, CA 93401P 805.544.7407 F 805.544.38631.d
Packet Pg. 69
1050 Southwood DriveSan Luis Obispo, CA 93401P 805.544.7407 F 805.544.38631.d
Packet Pg. 70
1050 Southwood DriveSan Luis Obispo, CA 93401P 805.544.7407 F 805.544.38631.d
Packet Pg. 71
1050 Southwood DriveSan Luis Obispo, CA 93401P 805.544.7407 F 805.544.38631.d
Packet Pg. 72
1050 Southwood DriveSan Luis Obispo, CA 93401P 805.544.7407 F 805.544.38631.d
Packet Pg. 73
1050 Southwood DriveSan Luis Obispo, CA 93401P 805.544.7407 F 805.544.38631.d
Packet Pg. 74
Architectural Plans (for reference)
West Creek Project – 1299 Orcutt Road
1.d
Packet Pg. 75
T1FEBRUARY 19, 2016#1014050WEST CREEKSHEET INDEXT1 TITLE SHEETC1 OASP LAND USE MAPC2 PROPOSED LAND USE MAPC3 COMPOSITE EXISTING & PROPOSED LAND USEC4 TENTATIVE TRACT MAP- GRADING PLANC5 TENTATIVE TRACT MAP- GRADING PLANA1 ILLUSTRATIVE SITE PLANA2 SITE SECTIONSA3 CONDOMINIUM BUILDING AND UNIT PLANSA4 CONDOMINIUM OPEN SPACEA5 CONDOMINIUM PARKING CALCULATIONSA6 PEDESTRIAN CIRCULATION EXHIBITA7 SINGLE FAMILY PARKING CALCULATIONSA8 OPEN SPACE EXHIBITA9 SINGLE-FAMILY STREET VIEWA10 SINGLE-FAMILY ELEVATIONSA11 SINGLE-FAMILY ELEVATIONSA12 SINGLE-FAMILY ELEVATIONSA13 SINGLE-FAMILY ELEVATIONSA14 SINGLE-FAMILY ELEVATIONSA15 SINGLE-FAMILY ELEVATIONSA16 SINGLE-FAMILY NEIGHBORHOOD VIEWA17 MULTI-FAMILY - CLUB HOUSEA18 MULTI-FAMILY - BUILDING FLOOR PLANA19 MULTI-FAMILY - PERSPECTIVEA20 MULTI-FAMILY - PERSPECTIVEA21 MULTI-FAMILY - PERSPECTIVEA22 RIPARIAN GRADING EXHIBITA23 CREEK EXHIBITA24 CREEK EXHIBITPROJECT INFORMATIONOWNER: ARCHITECT:ROBBINS|REED RRM DESIGN GROUP1308 MONTEREY ST, SUITE 210 3765 S. HIGUERA ST, SUITE 102SAN LUIS OBISPO, CA 93401 SAN LUIS OBISPO, CA 93401CONTACT: RANDY RUSSOM PHONE: 805-543-1794EMAIL: RWRUSSOM@RRMDESIGN.COMPROJECT DESCRIPTION:The project is 172 residential units on an 18.29 acre site spanning two OASP designated parcels, the Mid-State and Maddalena Parcel. The combination of the two parcels into a single project allows for a more complete design solution which embraces site issues WKDWRWKHUZLVHZRXOGEHKDYHFUHDWHGDOHVVHIÀFLHQWVROXWLRQ7KHVLQJOHSURMHFWVROXWLRQhas allowed for the target OASP unit count while providing additional open space and community amenities. The project includes two distinct project areas zoned R-2 & R-4 serving a wide range of housing needs within the community.SITE INFORMATION: APN: (Mid-State Parcel) 076-481-002 (Maddalena Parcel) 076-481-001GROSS SITE AREA: 18.29 ACRESOASP COMBINED ESTIMATED R2 UNITS: 52-54 D.U(Maddalena = 0 R2, Mid-State = 52-54 R2)OASP COMBINED ESTIMATED R4 UNITS: 91-103 D.U(Maddalena = 79-89 R4, Mid-State = 12-14 R4)TOTAL OASP COMBINED ESTIMATED UNITS 143-157 D.U(Table A-2 OASP)PROJECT STATISTICSPROPOSED R-2 DEVELOPMENT AREA: PROPOSED R-2 TRADITIONAL UNITS: 23 SFR LOTS(Typical 3 Bed / 2 1/2 Bath with attached garage)PROPOSED R-2 PARKWAY UNITS: 44 SFR UNITS(3 Bed/2 1/2 Bath with attached garage)TOTAL R2 UNITS (Density Units) 67 UNITS (67 DU)TOTAL R2 AREA UNDER DEVELOPMENT 7.82 ACRESPROPOSED DENSITY 8.56 UNITS/ACREPROPOSED R-4 DEVELOPMENT AREA: Seven (7) Building at Fifteen (15) Units 105 MFR UNITS35 - Studio Units (5 per building) 35 UNITS (17.5 DU)63 - Two bedroom Units (9 per building) 63 UNITS (63 DU)7 - One Bedroom Units (1 per building) 7 UNITS (4.62 DU)TOTAL R4 UNITS (Denisty Units) 105 UNITS (85.12 DU)TOTAL R4 AREA UNDER DEVELOPMENT 3.09 ACRES PROPOSED DENSITY 27.5 UNITS/ACRETOTAL PROPOSED DEVELOPMENTTOTAL DEVELOPED UNITS 172 UNITS (152.12 DU)TOTAL DEVELOPED AREA 10.91 ACRESVICINITY MAPTITLE SHEETORCUTT ROADWEST CREEK1299 ORCUTT ROADSummary FeaturesParking NumbersRequired bicycle parking(2 spaces per unit.)210 long term required;210 providedProvided bicycle parkingfor 6.8% car reduction.60 long term provided;60/5 = 12 spacesTotal long term bicyleparking spaces provided270 providedRequired short term bicycleparking spaces.(5% of required car parking)9 short term required;10 provided (.05x172 = 9 spaces)BICYCLE PARKING SUMMARYSummary FeaturesParking NumbersRequired motorcyle parking(1 per every 20 cars.)172 / 20 = 9 required;10 providedMOTORCYCLE PARKING SUMMARYR-4 PARKING ANALYSISR-2 PARKING ANALYSISPARKING ANALYSISPARKING SUMMARY1.d
Packet Pg. 76
C1WEST CREEKFEBRUARY 19, 2016#1014050OASP LAND USE MAP - EXISTINGSCALE: 1”=50’ @24”x36”SCALE: 1”=100’ @12”x18”N(8.48 AC)(5.40 AC)(3.31 AC)(1.22 AC)7.32 AC 5.05 AC 2.75 AC 1.59 ACPG & E Easement 1.58 AC1.d
Packet Pg. 77
C2WEST CREEKFEBRUARY 19, 2016#1014050PROPOSED LAND USE MAP SCALE: 1”=50’ @24”x36”SCALE: 1”=100’ @12”x18” 1050 Southwood DriveSan Luis Obispo, CA 93401P 805.544.7407 F 805.544.3863N1.d
Packet Pg. 78
C3WEST CREEKFEBRUARY 19, 2016#1014050NCOMPOSITE EXISTING & PROPOSED LAND USE SCALE: 1”=50’ @24”x36”SCALE: 1”=100’ @12”x18”1.d
Packet Pg. 79
C4WEST CREEKFEBRUARY 19, 2016#1014050TENTATIVE TRACT MAP -GRADING PLANSCALE: 1”=30’ @24”x36”SCALE: 1”=60’ @12”x18”1.d
Packet Pg. 80
C5WEST CREEKFEBRUARY 19, 2016#1014050TENTATIVE TRACT MAP -GRADING PLANSCALE: 1”=30’ @24”x36”SCALE: 1”=60’ @12”x18”1.d
Packet Pg. 81
A1FEBRUARY 19, 2016#1014050WEST CREEKILLUSTRATIVE SITE PLANSCALE: 1”=50’ @24”x36”SCALE: 1”=100’ @12”x18”EAST ORCUTTCREEKORRCCUUTTTTTRROOOAAAAAAADDDDD““““““AAAAAA-444444444444““““““““““SSSSSSSSSSSTTTTTTTTTTTTRRRRRRRRRRREEEEEEEEEEEEEEEEEEEEETTTTTTTTTT“A -3”STR EET“AAAAAAAAAAAAAAA-222”SSSSTREEETT“AAAAAAAAAA”SSSSSTTTTTTTRRRRREEEEEEEEEEEEEEEEEETTTTTTTT LEGEND CONDOMINIUM UNITS (105 UNITS) FRONT LOADED SINGLE FAMILY HOMES (23) ALLEY LOADED SINGLE FAMILY HOMES (44)1.d
Packet Pg. 82
A2FEBRUARY 19, 2016#1014050WEST CREEKSITE PLAN KEYSCALE: NTS$$$$%&'()*&/8%+286(322/ 123SITE SECTION 1SCALE: 1”=30’SITE SECTION 2SCALE: 1”=30’SITE SECTION 3SCALE: 1”=30’ALLEY“A” STREETFLATPARK“A3” STREETALLEYALLEYFLATPARKDRIVE AISLELOWEREDPARKINGSLOPEDLANDSCAPELANDSCAPEBUFFERPEDESTRIANPATHORCUTT RD.6’ RETAINING WALLSECTION C - ORCUTT ROAD FRONTAGESCALE: 1”=16’SECTION B - NEIGHBORHOOD PARKWAYSCALE: 1”=16’SECTION A - SINGLE FAMILY REAR RETAINING WALLSCALE: 1”=16’SFR LOTPRIVATEYARDSFR LOTPATHPATH PRIVATE YARDSLOPEDLANDSCAPEPLPLPLANTINGFLAT PARK AREA20’ REAR YARDRETAININGWALL AND LANDSCAPESITE SECTIONSABBACC290.00’240.00’ORCUTT ROADSECTION C BENEFITS1) PARKING SCREENED FROM ORCUT (LOWER ELEV. & INTERVENING VEGETATION)2) THREE-STORY APPEARS AS 2 LEVELS FROM ORCUTTSECTION A BENEFITS1) TIERED WALLS WITH INTERVENING PLANTING2) MORE GRADUAL TRANSITION; AESTHETICALLY SUPERIORSECTION B BENEFITS1) ELEVATION CHANGES RESPECT NATURAL TOPOGRAPHY ( NO MASSIVE RE-CONTOURING) 2) PROVIDES BOTH USABLE PRIVATE YARDS & COMMON OPEN SPACES3) AVOIDS NEED FOR HIGH RETAINING WALLS1.d
Packet Pg. 83
A3FEBRUARY 19, 2016#1014050WEST CREEKCONDOMINIUM BUILDING AND UNIT PLANSSCALE: 1”=50’:':':':':':':':':':' :':':':':'&$5*$5$*(
[
&$5*$5$*(
[
&$5*$5$*(
[
&$5*$5$*(
[
&$5*$5$*(
[
&$5*$5$*(
[
&$5*$5$*(
[
&$5*$5$*(
[
&$5*$5$*(
[
678',2
[
678',2
[
678',2
[
678',2
[
%('
[
%$7+%$7+%$7+%$7+*5($75220
[
87,/,7<3$7,23$7,23$7,2
[
3$7,2
[
3$7,2 %,.(/2&.(566
[
%$7+&/ &/ &/ &/$5783.,7&+(1.,7&+(1.,7&+(1.,7&+(181,781,781,781,781,7&/6
[
6
[
6
[
6
[
.,7&+(16
[
6
[
6
[
6
[
6
[
67$,5667$,56*$60(7(56%,.(6725$*(
[
%,.(6725$*(
[
%,.(6725$*(
[
%,.(6725$*(
[
%,.(6725$*(
[
%,.(6725$*(
[
%,.(6725$*(
[
%,.(6725$*(
[
%,.(6725$*(
[
*5($75220
[
*5($75220
[
*5($75220
[
*5($75220
[
%('
[
%('
[
*5($75220
[
%('
[
678',2
[
&/%$7+'(&.
[
'(&.
[
%$/&21<
[
&/3:'56
[
'(&.
[
'(&.
[
'(&.
[
'(&.
[
'(&.
[
81,781,781,7 81,7 81,781,781,7 81,7'1.,7&+(1.,7&+(1 .,7&+(13:'5.,7&+(13:'53:'53:'5 3:'56
[
&&&83838383&2002167$,56&2002167$,56""&/83%$7+&/(6
[
6
[
%$7+%$/&21<
[
83%$7+6
[
6
[
&/8383%('
[
&/%$7+836
[
.,7&+(1
[
81,7GHVN6
[
81,7&/.,7&+(1&/%$/&21<
[
81,781,781,7 81,7 81,781,781,7 81,781,7%('
[
%('
[
%('
[
%('
[
*5($75220
[
%('
[
*5($75220
[
%('
[
%('
[
*5($75220
[
%('
[
%('
[
&/%$7+ %$7+6
[
%$7+%$7+&/%$7+%$7+%$7+%('
[
%('
[
%('
[
%('
[
6
[
6
[
&/%('
[
%$7+.,7&+(1&/&/&/3:'5'(&.
[
&/&/&/&/&/&/6
[
%$7+%$7+6
[
'1 '1'1'1'1%$7+%$7+%$7+&/&/&/6
[
.,7&+(1*5($75220
[
'(&.
[
.,7&+(13:'5'(&.
[
'1'1'1.,7&+(1'(&.
[
'1GHVN GHVNGHVN%$7+%$/&21<
[
*5281')/2253/$1
6(&21')/2253/$17+,5')/2253/$181,7)/225$5($6678',2)/$76
81,76)
81,76)
81,76)
81,7 6)
81,76)727$/ 6)%('%$7+81,76)%('%$7+72:1+20(681,7 6)81,76)81,76)81,76)81,76)81,7 6)81,7 6)81,7 6)727$/ 6)%('%$7+72:1+20(681,7 6)727$//,9,1* 6)*$5$*(6*$5$*(6)*$5$*(6)*$5$*(6)*$5$*(6)*$5$*(6)*$5$*(6)*$5$*(6)*$5$*(6)*$5$*( 6)727$/*$5$*( 6)&20021$5($667$,56 +$// 6)87,/,7< 6)%,.(6725$*(6)727$/ 6)35,9$7(23(163$&($5($6678',2)/$763$7,26)3$7,26)3$7,26)3$7,26)'(&.6)727$/ 6)%('%$7+3$7,26)%('%$7+72:1+20(6'(&. 6)'(&. 6)'(&. 6)'(&. 6)%$/&21< 6)'(&. 6)%$/&21< 6)'(&. 6)%$/&21< 6)'(&. 6)%$/&21< 6)'(&. 6)727$/ 6)%('%$7+72:1+20(6'(&. 6)727$/35,9$7(23(163$&( 6)127( 5()(5720)53$5.,1*(;+,%,76+((7)253$5.,1*5(48,5(' 352326('216,7(
127( 35,9$7(6725$*($5($127,1&/8'(':,7+$5($&$/&8/$7,216$5($&$/&8/$7,216%8,/',1*&2'('$7$&2'(,17(535(7$7,212&&83$1&< 5(6,'(17,$/*528358 &216758&7,217<3( 9$ 7$//2:$%/(%8,/',1*+(,*+7 )((7 7$//2:$%/(%8,/',1*$5($ 6))/225 7$//2:$%/(180%(52)6725,(6 7),5(635,1.(5,1&5($6( 1$ ),5(635,1./(5$5($,1&5($6( 1$ ),5(5(6,67$1&(5$7,1* 635,1./(568%67,787(+5 7)227127('3527(&7('(;7(5,2523(1,1*6 127/(667+$1)((7 70$;75$9(/',67$1&(:,7+,1$6725< )((7 7&200213$7+2)(*5(6675$9(/ )((7 721((*5(66)52063$&(5(48,5(' 2&&83$170$; 70,1,080180%(52)(;,76 7 $&&(66,%/((*5(66 3529,'(' +286,1*$&&(66,%,/,7< 3529,'(' $,17(5,25:$//),1,6+ &/$66& 7 5(48,5('6(3$5$7,212)2&&83$1&,(6 +5 7 6(&7,21352326('352-(&7%8,/',1*$5($ 6(($5($&$/&6%8,/',1*+(,*+7 )((7180%(52)6725,(6 $8720$7,&),5(635,1./(56 1)3$5 INCLUSIONARY HOUSING:Per Appendix P, tables 2 and 2A, City Of San Luis Obispo Housing Element172 units x 15% = 25.8Average Unit Size :172 units totaling approximately 216,000 SF = 1256 SFProject Density (density units per net acre):154.5 DU / 11.19 net acres = 13.81 DU/ACInclusionary Housing Adjustment Factor per table 2A = .2525.8 UNITS x .25 = 6.45 (rounded down to 6)TOTAL REQUIRED INCLUSIONARY UNITSLow income units TWO (2) REQModerate income units FOUR (4) REQTOTAL INCLUSIONARY UNITS REQUIRED 6 UNITS PROPOSED INCLUSIONARY UNITSAll units to be in the R4 project as rental unitsLow income units: ONE (1) TWO BED UNIT - THREE (3) STUDIO UNITSModerate income units: TWO (2) TWO BED UNIT - FOUR (4) STUDIO UNITS TOTAL INCLUSIONARY UNITS PROPOSED - 10 UNITS 1.d
Packet Pg. 84
A4FEBRUARY 19, 2016#1014050WEST CREEKCONDOMINIUM OPEN SPACELEGENDPRIVATE OPEN SPACECOMMON OUTDOOROPEN SPACECOMMON RECREATION SPACEPRIVATE STORAGE SPACEUNIT 209UNIT 208UNIT 207UNIT 206UNIT 201 UNIT 202 UNIT 204UNIT 205UNIT 20374SF51SF100SF105SF153 SFUNIT 21065SF105 SF216CF216CF243CF250CF207CF105 SF105 SF48SFUNIT 209UNIT 208UNIT 207UNIT 206UNIT 201UNIT 202 UNIT 203UNIT 205UNIT 203119SF116SF129SF117SF235CF235CF235CF250CF252 CF83SFUNIT 104UNIT 103UNIT 102UNIT 101UNIT 105175SF161SF175SF175SF131SF108CF117CF146CF146CF250CF146CF146CFGARAGE 1 GARAGE 2 GARAGE 3 GARAGE 4 GARAGE 5 GARAGE 6 GARAGE 7 GARAGE 8 GARAGE 9146CF146CF 3/32" = 1'-0"2TYP. BLDG. PRIVATE OPEN SPACE &STORAGE PLAN - 2ND FLOOR 3/32" = 1'-0"3TYP. BLDG. PRIVATE OPEN SPACE &STORAGE PLAN - 3RD FLOORTYP. BLDG. PRIVATE OPEN SPACE &STORAGE PLAN GROUND FLOOR
1.d
Packet Pg. 85
A5FEBRUARY 19, 2016#1014050WEST CREEKCONDOMINIUM PARKINGABCFDEG1971160576722LEGENDGARAGED PARKING(63 PARKING STALLS)MOTORCYCLE PARKING(10 STALLS)SHORT TERM BIKE PARKING(10 BIKE SPACES)LONG TERM BIKE PARKING (210 BIKE SPACES)SURFACE PARKING(97 PARKING STALLS)R4ZONECCLLLUBBHHHHOOUUSESESummary FeaturesParking NumbersRequired bicycle parking(2 spaces per unit.)210 long term required;210 providedProvided bicycle parkingfor 6.8% car reduction.60 long term provided;60/5 = 12 spacesTotal long term bicyleparking spaces provided270 providedRequired short term bicycleparking spaces.(5% of required car parking)9 short term required;10 provided (.05x172 = 9 spaces)REQUIRED PARKING - ZONING REGULATIONS 17.90.040K1 PER STUDIO APARTMENT, 1 FOR FIRST BEDROOM PLUS 1 FORSECOND BEDROOMREQUIRED BICYCLE SPACES - TABLE 6.55% OF REQUIRED AUTO SPACES. PROJECTS THAT PROVIDE MOREBICYCLE SPACES THAN REQUIRED MAY REDUCE THE REQUIRED CARSPACES AT THE RATE OF 1 CAR FOR EACH 5 BICYCLE SPACES, UP TOA 10% REDUCTION, SUBJECT TO THE APPROVAL OF THE COMMUNITYDEVELOPMENT DIRECTOR. MANDATED 2 BIKE SPACES PER UNITREQUIRED MOTORCYCLE SPACES1 PER EVERY 20 CAR SPACES. PROJECTS THAT PROVIDE MOREMOTORCYCLE SPACES THAN REQUIRED MAY REDUCE THE REQUIREDCAR SPACES AT THE RATE OF 1 CAR FOR EACH 5 MOTORCYCLESPACES, UP TO A 10% REDUCTION, SUBJECT TO THE APPROVAL OF THECOMMUNITY DEVELOPMENT DIRECTOR.Summary FeaturesParking NumbersRequired motorcyle parking(1 per every 20 cars.)172 / 20 = 9 required;10 providedPARKING ANALYSISVEHICLE PARKING SUMMARYBICYCLE PARKING SUMMARYMOTORCYCLE PARKING SUMMARYNON REQUIRED ADDITIONAL LONG TERMBIKE PARKING PROVIDED FOR VEHICLEPARKING REDUCTION (60 PARKING SPACES)812DEDICATED GUEST PARKING SPACES(7 PARKING STALLS OF 97 R-4 SURFACE STALLS)DEDICATED RIDE SHARE(2 PARKING STALLS OF 97 R-4 SURFACE STALLS)DEDICATED LONG TERM VEHICULAR PARKING(12 PARKING STALLS) (REFER TO SINGLE FAMILYPARKING SUMMARY)54 = 160 - R-4 SITE21804.2%UNIT 104UNIT 103UNIT 102UNIT 101UNIT 105GARAGE 1 GARAGE 2 GARAGE 3 GARAGE 4 GARAG2GARAGE 4GARAGE 6 GARAGE 7 GARAGE 8 GARAGE 9GARAGE 7GARAGE 8E 572121212121UNIT 209UNIT 208UNIT 207UNIT 206UNIT 201UNIT 202UNIT 204UNIT 205UNIT 203UNIT 21021212121212121211212 3/32" = 1'-0"11ST FLOOR PARKING SPACE PLAN 3/32" = 1'-0"22ND FLOOR PARKING SPACE PLANBIKE SERVICEYFACILITYLOCATIONTYPICAL UNIT PLAN1.d
Packet Pg. 86
A6FEBRUARY 19, 2016#1014050WEST CREEKCONDOMINIUM - PEDESTRIAN CIRCULATION EXHIBIT1.d
Packet Pg. 87
A7FEBRUARY 19, 2016#1014050WEST CREEKSINGLE-FAMILY PARKING SUMMARYBICYCLE PARKING(IN UNIT GARAGES)1341.d
Packet Pg. 88
A8FEBRUARY 19, 2016#1014050WEST CREEKOPEN SPACE EXHIBIT OPEN SPACE AREAS DESCRIPTION AREA CITY COMMUNITY BASIN PARK .65 AC CITY COMMUNITY CREEK PARK .46 AC CITY TRAILS - SEATING - OPEN SPACE .63 AC CITY COMMUNITY COMMON LINEAR PARK .54 AC RIPARIAN OPEN SPACE 1.53 ACTOTAL: 3.81 AC NEIGHBORHOOD COMMUNITY GARDEN .15 AC MULTI-FAMILY COMMON LANDSCAPE .55AC BASIN & BIOFILTRATION AREAS ( EXCLUDES BASIN PARK) .64ACTOTAL: 1.34ACMULTI-FAMILY COMMON LANDSCAPERIPARIAN OPEN SPACE(REFER TO SHEET A-4)BASIN AND BIOFILTRATION AREASCITY COMMUNITY CREEK PARK PARK DESIGN TO BE IN COORDINATION WITH PARKS AND REC DEPARTMENTCITY COMMUNITY BASIN PARKCITY COMMUNITY LINEAR PARK“““““““““““““““““AAAAAAAAAAAAAAAAAAAAAAAAA---444444444444444444444444444444444“““““““““““““““““““““““““SSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRREEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEETTTTTTTTTTTTTTTTTTTTTTTTTTTT““““““AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA --------------------33333333333333333333333333333333333333333333””””SSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRREEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEETTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT“““““““AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA----------222222222222222222222””””””””SSSSSSSSSSSSSSSSSSSSSSSSSSSTTTTTTTTTTTTTTTTTTTRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRREEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEETTTTTTTTTTTTTTTTTTTTTT““““AAAAAAAAAAAAAAAAAAAAAAAA”””””””””””SSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSTTTTTTTTTTTTTTTTTTTTTTTTRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRREEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEETTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT EAST ORCUTT CREEK LEGEND CONDOMINIUM UNITS (105 UNITS) FRONT LOADED SINGLE FAMILY HOMES (23) ALLEY LOADED SINGLE FAMILY HOMES (44)1.d
Packet Pg. 89
A9FEBRUARY 19, 2016#1014050WEST CREEKVIEW FROM A STREETSINGLE-FAMILY NEIGHBORHOOD1.d
Packet Pg. 90
A10FEBRUARY 19, 2016#1014050WEST CREEKSINGLE-FAMILY RESIDENCE - TRADITIONAL LOTSCALE: 1/8”=1’0”SINGLE LEVEL 50X96’ LOTELEVATION - OPTION 2ELEVATION - OPTION 1UPRDWWD5' - 0"40' - 0"5' - 0"60' - 0"4' - 0"16' - 0"M. BED12'4"X14'3"M. BATH11'0"X11'0"BED 211'0"X10'0"BED 111'0"X10'0"BATH10'0"X5'2"M. CL.2-CARGARAGE20'5"X20'5"POW.3'6"X7'7"P.DINING/OFFICE/FLEX13'0"X14'0"KITCHEN14'0"X16'0"LIVING15'6"X16'6"ENTRY6'2"X7'0"NOOK14'0"X9'0"LAUND.7'0""X5'4"L.20' - 0"2' - 0"3' - 0"PORCHTECHL.AREAGROUND FLOOR 1830 SFGARAGE 463 SF 1/8" = 1'-0"1GROUND FLOOR PLAN1.d
Packet Pg. 91
A11FEBRUARY 19, 2016#1014050WEST CREEKDWRDWUPUP5' - 0"35' - 0"5' - 0"6' - 0"10' - 0"LIVING18'0"X17'3"DINING15'4"X9'4"KITCHEN14'11"X15'4"BATH5'6"X9'0"FLEXROOM9'11"X11'8"2-CARGARAGE20'5"X20'3"M. CL.10'1"X8'1"M. BATH10'1"X13'0"M. BED16'0"X12'8"20' - 0"64' - 0"16' - 0"P.LAUNDRY6'6"X6'6"PORCHL36' - 6"AREAGROUND FLOOR 1522 SFSECOND FLOOR 505 SF2027 SFBED 215'3"X14'1"BED 311'2"X10'4"BATH5'3"X13'0"19' - 9"28' - 6" 1/8" = 1'-0"1SECOND FLOOR PLANSINGLE-FAMILY RESIDENCE - TRADITIONAL LOTSCALE: 1/8”=1’0”TWO STORY - OPTION 1TWO STORY - OPTION 21.d
Packet Pg. 92
A12FEBRUARY 19, 2016#1014050WEST CREEKAREASECOND FLOORGROUND FLOOR2ND DWELLINGDNWDBED 311'2"X10'4"BATH5'3"X13'0"30' - 2"M. BED15'4"X13'6"M. BATH14'0"X13'7"BED 210'8"X11'0"L.M. CL.10'1"X6'3"LAUNDRY10'1"X6'0"42' - 0" 1/8" = 1'-0"1SECOND FLOOR PLANTWO STORY - OPTION 2MULTIGENERATIONAL UNITSINGLE-FAMILY RESIDENCE - TRADITIONAL LOTSCALE: 1/8”=1’0”RDWUPUP35' - 0"5' - 0"KITCHEN14'11"X15'4"BATH5'6"X9'0"FLEXROOM9'11"X11'8"DINING15'4"X9'4"LIVING18'0"X17'3"LIVING15'0"X12'0"BED10'0"X10'5"BATH5'2"X8'0"20' - 0"64' - 0"5' - 0"2-CARGARAGE20'5"X20'3"KIT.PORCH5' - 0"36' - 6"3' - 6"16' - 0" 1/8" = 1'-0"1GROUND FLOOR PLAN1.d
Packet Pg. 93
A13FEBRUARY 19, 2016#1014050WEST CREEKSINGLE-FAMILY RESIDENCE - PARKWAY LOT 1SCALE: 1/8”=1’0”RUPDWUPWDDN6' - 0"24' - 0"5' - 0"13' - 0"62' - 0"5' - 0"10' - 0"10' - 0"22' - 0"3' - 0"FOYER4'-2" X 5'11"PWDR6'10" X 5'-0"2 CARGARAGE21-'5" X 20-'5"LIVING16'-5" X 14'-5"8' - 0"2' - 0"DINING15'7" X 13'-2"KITCHEN13'2"X12'7"5' - 0"P.GUESTPARKINGALLEY90' - 0"YARD10'0"X26'0"T. T.PORCHBED 210'-5" X 9'11"BED 310'-8" X 10'2"BATH6'-8" X 12'-1"LOFT12'5"X9'8"M. BATH8'-5" X 13'2"M. BED16'5"X14'5"M. CL6'-8" X 11'-2"LAUNDRY6'-8" X 8'0"24' - 0"62' - 0"OPENTOBELOWLAREAGROUND FLOOR 828 SF2ND FLOOR 1132 SF1959 SF 1/8" = 1'-0"1GROUND FLOOR PLAN 1/8" = 1'-0"2SECOND FLOOR PLANPARKWAY LOT - 35X90’ ELEVATION - OPTION 2ELEVATION - OPTION 11.d
Packet Pg. 94
A14FEBRUARY 19, 2016#1014050WEST CREEKSINGLE-FAMILY RESIDENCE - PARKWAY LOT 2SCALE: 1/8”=1’0”ELEVATION - OPTION 2ELEVATION - OPTION 1RDWUPUPWD15' - 0"62' - 0"13' - 0"6' - 10"23' - 2"5' - 0"5' - 6"3' - 0"2' - 0"35' - 0"GUESTPARKING2-CARGARAGE20'5"X20'5"PDR.3'3"X7'9"KITCHEN16'6"X15'0"DINING16'6"X10'0"LIVING16'6"X16'0"FOYER5'0"X7'0"P.YARD13'0"X15'0"T. T.90' - 0"BED 310'0"X10'8"BED 210'0"X11'1"BATH13'4"X5'2"M. BATH6'2"X20'0"M. CL.7'0"X9'9"M. BED15'4"X14'0"L.L.LNDR.6'4"X7'6"AREAFIRST LEVEL FLOOR 841 SFSECOND LEVEL FLOOR 1012 SF 1/8" = 1'-0"1GROUND FLOOR PLAN 1/8" = 1'-0"2SECOND FLOOR PLANPARKWAY LOT - 35X90’ 1.d
Packet Pg. 95
A15FEBRUARY 19, 2016#1014050WEST CREEKSINGLE-FAMILY RESIDENCE - PARKWAY LOT 3SCALE: 1/8”=1’0”ELEVATION - OPTION 2ELEVATION - OPTION 1UPRDWUPDNWD22' - 0"62' - 0"13' - 0"35' - 0"5' - 0"13' - 0"15' - 0"GUESTPARKINGKITCHEN14'7""X12'8"DINING14'7"X11'5"LIVING15'0"X15'5"PDR.5'0"X7'3"2-CARGARAGE20'5"X20'5"P.YARD15'0"X17'6"PORCHT. T.BED 210'8"x10'0"BED 310'5"x11'0"BATH5'2"X11'0"M. BED14'7"X12'8'M. BATH5'2"X10'10"M. CL.5'0"X7'10"L.LAUNDRY6'6"X6'0"AREAGROUND FLOOR 797 SFSECOND FLOOR 854 SF1651 SF 1/8" = 1'-0"1GROUND FLOOR PLAN 1/8" = 1'-0"2SECOND FLOOR PLANPARKWAY LOT - 35X90’ 1.d
Packet Pg. 96
A16FEBRUARY 19, 2016#1014050WEST CREEKVIEW DOWN GRAND PARKWAYSSINGLE-FAMILY NEIGHBORHOOD1.d
Packet Pg. 97
A17FEBRUARY 19, 2016#1014050WEST CREEKMULTIFAMILY CLUB HOUSESCALE: 1/8”=1’0”$5($&$/&8/$7,216&/8%+286(6)287'2256(59,&(6)$&7,9,7<5220
;
67%,.(6+23
;
+$//05
;
:5
;
/($6,1*2)),&(
;
),71(66
;
6725$*(67%,.(/2&.(56&2))((287'2256(59,&(
[
(175<)2<(5
&/8%+286()/2253/$1VIEW OF MAIN ENTRYVIEW OF OUTDOOR PATIOFLOOR PLAN1.d
Packet Pg. 98
A18FEBRUARY 19, 2016#1014050WEST CREEKMULTIFAMILY BUILDING FLOOR PLANSCALE: 1/8”=1’0”1.d
Packet Pg. 99
A19FEBRUARY 19, 2016#1014050WEST CREEKMULTIFAMILY PERSPECTIVESCALE: NTSVIEW FROM PEDESTRIAN WALKWAY1.d
Packet Pg. 100
A20FEBRUARY 19, 2016#1014050WEST CREEKMULTIFAMILY PERSPECTIVESCALE: NTSVIEW OF FROM AUTOCOURT1.d
Packet Pg. 101
A21FEBRUARY 19, 2016#1014050WEST CREEKMULTIFAMILY PERSPECTIVESCALE: NTSVIEW OF COMMON STAIR SILO TOWER1.d
Packet Pg. 102
A22FEBRUARY 19, 2016#1014050WEST CREEKRIPARIAN GRADING EXHIBITEAST ORCUTTCREEKRESTORATION PLANTINGRESTORATION PLANTING6’ TRAIL WITH WALL13’ EXISTING WALL WITH DRAINAGE INLET6’ WALL6’ WALLWALL HEIGHT VARIES (5’ MAX.)VEGETATIVE BUFFERFLAT BIORETENTION AREAS, TYP.FLAT BIORETENTION AREAS, TYP.TOP OF CREEK BANK6’ TRAIL AND PAR COURSE CREEK/WETLAND SETBACKFF 259.9FF 249.4PAD244.0PAD244.8PAD244.8PAD250.8PAD250.8PAD256.8PAD256.8254.0 FS259.4 FSPAD262.8PAD268.5PAD262.8PAD269.2PAD271.8PAD274.4PAD275.1FF 243.1ORCUTT ROAD1.d
Packet Pg. 103
A23FEBRUARY 19, 2016#1014050WEST CREEKEXISTING SITE CONDITIONSCREEK SECTIONPROPOSED SITE CONDITIONSPERSPECTIVETAKEN FROM HEREKEY PLANELEVATION - +/- 242.00’BLDG. BSFRELEVATION - +/- 236.00’ELEVATION - +/-244.00’1.d
Packet Pg. 104
A24FEBRUARY 19, 2016#1014050WEST CREEKPERSPECTIVETAKEN FROM HEREEXISTING SITE CONDITIONSPROPOSED SITE CONDITIONSKEY PLANCREEK SECTIONELEVATION - +/- 259.90’BLDG. GSFRELEVATION - +/- 249.90’ELEVATION - +/-268.00’1.d
Packet Pg. 105
1
City of San Luis Obispo
INITIAL STUDY
ENVIRONMENTAL CHECKLIST FORM
For ER # SBDV-1769-2015
1. Project Title:
West Creek development plans including Vesting Tentative Map #3083
2. Lead Agency Name and Address:
City of San Luis Obispo
919 Palm Street
San Luis Obispo, CA 93401
3. Contact Person and Phone Number:
Marcus Carloni, Associate Planner
805-781-7176
David Watson, AICP, Contract Project Planner
805-704-8728
4. Project Location:
1299 Orcutt Road
5. Project Sponsor’s Name and Address:
Robbins Reed, Inc.
1308 Monterey Street, Suite 210
San Luis Obispo, CA 93401
6. General Plan Designation:
Medium & High Density Residential
7. Zoning:
Medium & High Density Residential with the Specific Plan overlay (R-2-SP & R-4-SP)
1.e
Packet Pg. 106 Attachment: e - Initial Study/Mitigated Negative Declaration (1327 : West Creek Subdivision)
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010 2
8. Description of the Project:
The West Creek site will serve as the northern gateway to the rest of the OASP to the south, and
has been designed to incorporate attractive open spaces while accommodating the density
anticipated by the OASP. These open spaces will connect the OASP neighborhoods to the
existing surrounding San Luis Obispo communities and provide both passive and active
recreational opportunities for those in the area through planned open space enhancements and
appropriate setbacks. Trails meandering through these open spaces provide for non-motorized,
inter-neighborhood circulation, while promoting the active, outdoor recreational opportunities
encouraged by the OASP.
The project proposes a range of housing sizes and styles within three general housing product
types, including traditional detached single-family homes (23), small-lot single- family parkway
homes (44), and condominiums with studios and one-bedroom and two-bedroom units (total of
105). Of the 172 proposed residences, 10 are provided as affordable housing under City Housing
Element requirements. Consistent with OASP land use designations, areas generally north of the
East Fork of Orcutt Creek are developed with multi-family units at densities anticipated in the R-
4 zone.
Areas south of the creek are developed with small-lot single-family homes, appropriate for their
R-2 designation and with a variety of home options and styles provided for first-time homebuyers
and move-down buyers. Within the single-family traditional product, the lot sizes range from
4,500 square feet to 7,239 square feet. The single-family traditional lots would serve multi-
generational living through flexible floor plan layouts, including optional attached secondary
dwelling units.
With the parkway homes, the lot sizes range from 3,150 square feet to 4,736 square feet. To
facilitate neighborhood interaction and provide for communal play areas for children, grand
parkways have been incorporated in between portions of the single-family parkway lots with
front porches fronting onto and engaging with these spaces.
Outdoor amenities within the single family portion of the site include a number of amenities
associated directly with the multi-family condominiums; providing these occupants the
opportunity to engage with neighbors and enjoy the indoor/outdoor lifestyle encouraged in the
OASP as well. A 1,950 square-foot clubhouse is proposed between Buildings C & F on the north
side of the riparian corridor. The clubhouse will provide usable indoor space for different
activities and events, as well as include a bike service facility. Other recreational and open space
amenities include tables and BBQ facilities with views of the creek corridor.
In addition to the residential units, the project includes significant park and open space areas,
pedestrian and bicycle paths, and traffic calming features to promote the pedestrian friendly
environment envisioned by the OASP. Park and open spaces areas include the western extent of
the site and Orcutt Creek as it crosses the site from east to west which achieves multi-
purpose/multi use functions.
1.e
Packet Pg. 107 Attachment: e - Initial Study/Mitigated Negative Declaration (1327 : West Creek Subdivision)
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010 3
Proposed
Project
Gross
Acreage
Commercial Land
Uses
Residential
Land Uses
Proposed Parks &
Open Space
West Creek
VTM # 3083
18.3 acres
none proposed
67 single family units
105 multi-family units
172 total residential
1.59 acres Parks-Trails
1.88 acres HOA Commons
1.53 acres Open Space
5.00 acres (27.3%)
These areas will provide for biological enhancement and drainage mitigation, play/turf area, open
space, seating areas, and opportunities for a community garden and dog off-leash area, thereby
providing both active and passive recreation amenities for the future residents of the subdivision
and the overall community as a whole. These areas would also be directly accessible to t he
existing mobile home park residents to the west and homes to the north (via and easement),
which are currently considered underserved by parks. In addition to the West Creek community
park and open space areas proposed with Vesting Tentative Tract Map #3083, ample parkways
are provided in the southern portion of the project as neighborhood commons among the units.
9. Surrounding Land Uses and Settings:
The project site consists of about 18.3 acres, spanning two OASP designated parcels, the Mid-
State and Maddalena parcels. The combination of the two parcels into a single project allows for
a more complete design solution and efficient development pattern. There are several unique
constraints that must be addressed with development of the site, including 52 feet in grade
change, two forks of Orcutt Creek which pass through the site, a PG&E easement along the entire
southern property line, and OASP requirements to provide vehicle access to future neighboring
developments to both the east and south.
Immediately to the east of the site are two R-2-SP zoned sites within the OASP that are currently
used for suburban residential and intermittent grazing purposes. To the southeast of the site is
the Taylor-Wingate development, which is also within the OASP and zoned R-2-SP and R-3-SP.
Properties to the north are zoned R-3 and R-1 and are developed with an assisted living facility
and single family homes. Properties immediately to the west are zoned R-2 and are developed
with mobile homes.
10. Other public agencies whose approval is required (e.g., permits, financing approval, or
participation agreement.):
Air Pollution Control District – grading permits
Central Coast Regional Water Quality Control Board - NPDES general construction activity
storm water permit(s)
Army Corps of Engineers – Section 404 permit(s)
CA Fish and Wildlife – Streambed Alteration Permit(s)
1.e
Packet Pg. 108 Attachment: e - Initial Study/Mitigated Negative Declaration (1327 : West Creek Subdivision)
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010 4
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this project, involving at least
one impact that is a “Potentially Significant Impact” as indicated by the checklist on the following pages.
Aesthetics
Greenhouse Gas Emissions
Population / Housing
Agriculture Resources
Hazards & Hazardous
Materials
X
Public Services
X
Air Quality
Hydrology / Water Quality
Recreation
X
Biological Resources
Land Use / Planning
X
Transportation / Traffic
X
Cultural Resources
Mineral Resources
X
Utilities / Service Systems
Geology / Soils
X
Noise
Mandatory Findings of
Significance
FISH AND GAME FEES
The Department of Fish and Wildlife has reviewed the CEQA document and written no effect
determination request and has determined that the project will not have a potential effect on fish, wildlife,
or habitat (see attached determination).
X
The project has potential to impact fish and wildlife resources and shall be subject to the payment of Fish
and Game fees pursuant to Section 711.4 of the California Fish and Game Code. This initial study has been
circulated to the California Department of Fish and Wildlife for review and comment.
STATE CLEARINGHOUSE
X
This environmental document must be submitted to the State Clearinghouse for review by one or more
State agencies (e.g. Cal Trans, California Department of Fish and Wildlife, Department of Housing and
Community Development). The public review period shall not be less than 30 days (CEQA Guidelines
15073(a)).
1.e
Packet Pg. 109 Attachment: e - Initial Study/Mitigated Negative Declaration (1327 : West Creek Subdivision)
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010 5
DETERMINATION (To be completed by the Lead Agency):
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the environment, and
a NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the environment,
there will not be a significant effect in this case because revisions in the project have been
made, by or agreed to by the project proponent. A MITIGATED NEGATIVE
DECLARATION will be prepared.
X
I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project MAY have a “potentially significant” impact(s) or “potentially
significant unless mitigated” impact(s) on the environment, but at least one effect (1) has been
adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has
been addressed by mitigation measures based on the earlier analysis as described on attached
sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the
effects that remain to be addressed
I find that although the proposed project could have a significant effect on the environment,
because all potentially significant effects (1) have been analyzed adequately in an earlier EIR
or NEGATIVE DECLARATION pursuant to applicable standards, and (2) have been avoided
or mitigated pursuant to that earlier EIR of NEGATIVE DECLARATION, including revisions
or mitigation measures that are imposed upon the proposed project, nothing further is required.
March 29, 2016
David Watson, AICP, Project Planner Date
For: Michael Codron
Doug Davidson, AICP, Deputy Community Director Community Development Director
1.e
Packet Pg. 110 Attachment: e - Initial Study/Mitigated Negative Declaration (1327 : West Creek Subdivision)
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010 6
EVALUATION OF ENVIRONMENTAL IMPACTS:
1. A brief explanation is required for all answers except “No Impact” answers that are adequately supported by the
information sources a lead agency cites in the parentheses following each question. A “No Impact” answer is
adequately supported if the referenced information sources show that the impact simply does not apply to projects
like the one involved (e.g. the project falls outside a fault rupture zone). A “No Impact” answer should be explained
where it is based on project-specific factors as well as general standards (e.g. the project will not expose sensitive
receptors to pollutants, based on a project-specific screening analysis).
2. All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well
as project-level, indirect as well as direct, and construction as well as operational impacts.
3. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must
indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant.
"Potentially Significant Impact' is appropriate if there is substantial evidence that an effect may be significant. If
there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required.
4. “Negative Declaration: Less Than Significant With Mitigation Incorporated” applies where the incorporation of
mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact."
The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than
significant level (mitigation measures from Section 19, "Earlier Analysis," as described in (5) below, may be cross-
referenced).
5. Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been
adequately analyzed in an earlier EIR or negative declaration (Section 15063 (c) (3) (D)). In this case, a brief
discussion should identify the following:
a) Earlier Analysis Used. Identify and state where they are available for review.
b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and
adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects
were addressed by mitigation measures based on the earlier analysis.
c) Mitigation Measures. For effects that are “Less than Significant with Mitigation Measures Incorporated,” describe
the mitigation measures which were incorporated or refined from the earlier document and the extent to which they
addressed site-specific conditions for the project.
6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential
impacts (e.g. general plans, zoning ordinances). Reference to a previously prepared or outside document should,
where appropriate, include a reference to the page or pages where the statement is substantiated.
7. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted
should be cited in the discussion.
8. The explanation of each issue should identify:
a) the significance criteria or threshold, if any, used to evaluate each question; and
b) the mitigation measure identified, if any, to reduce the impact to less than significance
1.e
Packet Pg. 111 Attachment: e - Initial Study/Mitigated Negative Declaration (1327 : West Creek Subdivision)
Issues, Discussion and Supporting Information Sources
ER # 224-14 (VTM 3083; West Creek)
Sources Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010 7
1. AESTHETICS. Would the project:
a) Have a substantial adverse effect on a scenic vista? 1 --X--
b) Substantially damage scenic resources, including, but not limited
to, trees, rock outcroppings, open space, and historic buildings
within a local or state scenic highway?
1 --X--
c) Substantially degrade the existing visual character or quality of
the site and its surroundings?
1 --X--
d) Create a new source of substantial light or glare which would
adversely affect day or nighttime views in the area?
1, 2 --X--
Evaluation
a) The primary scenic value from within and around the subject site is the view to the east of the Santa Lucia foothills and
Righetti Hill to the south. As a road of “moderate scenic value,” development along this segment of Orcutt Road would
require a design that preserves vistas and views to the maximum extent possible. The OASP EIR acknowledges that views of
the rural residential area to the east would still be maintained from the road, even with proposed development. However, the
EIR included programs to fulfill the goal of minimizing impacts to surrounding views. The pertinent programs to this site
include:
1. A minimum 20-foot wide landscaped setback along Orcutt Road.
2. ARC review of development plans to insure that the site design preserves views while allowing for reasonable
development.
3. ARC approval of landscape plans for the street setbacks that screen development in foreground views, but also
maintain backdrop views.
4. Buildings with more than a single story shall be set back at least 50 feet from Orcutt to maintain views.
Development plans show a 22 to 28-foot wide landscaped buffer is provided along Orcutt Road and that project buildings will
be set back at least 50 feet from Orcutt Road. As suggested in 1 above, Program 2.4.1a of the OASP requires a 20’
landscaped setback along Orcutt Rd. The OASP reference is to establishing a minimum 20’ landscaped zone (or visual
“buffer”) between Orcutt Road and the project, with buildings to be set back an additional 30’ for a total of at least 50’. The
22’ “buffer” of landscaping is composed of 8’-14’ of landscaping within the public right-of-way, and another 14’ on private
property, making the minimum landscape area 22’. The ARC will review detailed landscaping plans with their final review of
project plans after Vesting Tentative Map approval.
The tallest buildings in the project are in the R-4 portion of the site closest to Orcutt Road. Because of the grade differential
between the street and the building footprint, the new structures with the 50-foot setback will appear to be two stories.
Parking will also be recessed below the Orcutt Road right-of-way. With the proposed scale and height of planned
development and its distance from the main scenic corridors, the project will not create a substantial adverse effect on a sc enic
vista.
b) One of the main objectives of the OASP and companion EIR is to protect natural habitats, including creeks, hills, wetlands,
and corridors between these habitats. The subject site currently contains a house and several small accessory buildings and in
the past has accommodated animal grazing. The site is mostly sloping grassland, but does contain a degraded riparian
corridor (East Orcutt Creek). The project site also slopes substantially across the R-2 Multi-Family section, and this slope
creates the need to grade these portions of the site, significantly altering natural landforms along the east fork creek corridor.
City design policies encourage sensitivity to this type of grading, while acknowledging the need for more landform
modifications than might otherwise occur with smaller “infill” projects. While not rising to the level of “potentially adverse
environmental impacts”, the grading and associated retaining features will be conditioned to address visual and design
considerations as part of final architectural design efforts. Project plans will enhance the corridor and make it a project
amenity consistent with policies and guidance provided in the OASP. Therefore, the impact is less than significant for this
project.
c) The existing visual character of the site will change from semi-rural to an urbanized area, pursuant to and consistent with
1.e
Packet Pg. 112 Attachment: e - Initial Study/Mitigated Negative Declaration (1327 : West Creek Subdivision)
Issues, Discussion and Supporting Information Sources
ER # 224-14 (VTM 3083; West Creek)
Sources Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010 8
the objectives of the OASP. The project is required to be consistent with the distribution of land uses and design standards
stated in the OASP to ensure that the appearance of the development is acceptable and that no new buildings block scenic
views. Therefore, the project as proposed is consistent with the OASP and in this regard is self -mitigating. Through
conditions of approval the project will be further required to comply with City codes and standards some of which impact
aesthetics. Ultimately the design will require the review and approval of the Architectural Review Commission (ARC) to
ensure consistency with the City’s Community Design Guidelines as well as the OASP. Regardless, the proposed
development would contribute to the project wide effect on the aesthetic character of the site vicinity through alteration of
view-sheds from Orcutt and Tank Farm Roads. The OASP EIR considered this a cumulative significant and unavoidable
impact and considered and approved overriding considerations.
d) The prior OASP EIR acknowledges that future development pursuant to the OASP will introduce new sources of light,
glare and nighttime illumination, as is typical with residential and commercial development. However, the OASP EIR
determined that such light and glare impacts can be mitigated to less than significant at the site specific project stage through
compliance with lighting design standards set forth in the OASP and with other adopted standards may be applicable by other
City regulations. The new light source subject to mitigation will not adversely affect day or nighttime views in the urbanized
area. Therefore impacts from new sources of light or glare will be less than significant with mitigation AES-3(a) as specified
in the OASP EIR to be implemented through compliance with the OASP Lighting Standards (Program 4.43a addressing light
spacing and height, shielding and spillover restrictions). Building and parking lot lighting for the project will also be
reviewed and approved by the ARC in compliance with the aforementioned standards of the OASP and Chapter 17.23 of the
City’s Zoning Regulations (Night Sky Preservation Ordinance).
Project-Specific Mitigation Measures:
AES-VTM3083-1 Lighting and Glare. Final Design Review by ARC shall include specific lighting and glare
reduction/elimination techniques included with the lighting plans for the project, consistent with OASP Program 4.43a.
2. AGRICULTURE RESOURCES. Would the project:
a) Convert Prime Farmland, Unique Farmland, or Farmland of
Statewide Importance (Farmland), as shown on the maps
pursuant to the Farmland Mapping and Monitoring Program of
the California Resources Agency, to non-agricultural use?
1 --X--
b) Conflict with existing zoning for agricultural use or a
Williamson Act contract?
1 --X--
c) Involve other changes in the existing environment which, due to
their location or nature, could result in conversion of Farmland
to non-agricultural use?
3 --X--
Evaluation
a) Although the proposed project would permanently convert soils that have been defined by the City as prime agriculture
lands, the value of the Orcutt Area’s agricultural land resources, as measured by the LESA Model, is not considered
significant. Therefore there is no impact.
b) There is no agricultural zoning or Williamson Act Contract in effect on the subject site.
c) The project site has been used for grazing in the past and as a residence. The Biological Resources Assessment performed
for the site (Source Reference 15) notes that the site has been over-grazed and generally non-productive for agricultural uses.
Therefore, this project will not result in any direct loss of productive farmland. Other lands in the vicinity of the projec t site
are either already developed, or if within the Orcutt Area Specific Plan and in agricultural use, are slated by the Plan for
eventual non-agricultural use whether this project proceeds or not. Therefore, this project has no direct correlation to any
planned conversions of farmland to non-agricultural uses. The impacts of conversion of these lands to non-agricultural uses
was evaluated both in the environmental documents for the City’s Land Use and Circulation Elements and the OASP as
1.e
Packet Pg. 113 Attachment: e - Initial Study/Mitigated Negative Declaration (1327 : West Creek Subdivision)
Issues, Discussion and Supporting Information Sources
ER # 224-14 (VTM 3083; West Creek)
Sources Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010 9
significant, irreversible, adverse impacts that could not be mitigated and the necessary Statement of Overriding
Considerations were adopted by Resolution No. 10154 (2010 Series) pursuant to CEQA. Nonetheless, policies of the Land
Use Element were adopted to help compensate for, and thereby reduce the impacts from productivity lost as a result of the
conversions to non-agricultural uses. This project complies with said policies by being consistent with approved land use
designations for the site. Thus the impact is less than significant.
3. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or
air pollution control district may be relied upon to make the following determinations. Would the project:
a) Conflict with or obstruct implementation of the applicable air
quality plan?
1 --X--
b) Violate any air quality standard or contribute substantially to an
existing or projected air quality violation?
1 --X--
c) Result in a cumulatively considerable net increase of any criteria
pollutant for which the project region is non-attainment under an
applicable federal or state ambient air quality standard
(including releasing emissions which exceed quantitative
thresholds for ozone precursors)?
--X--
d) Expose sensitive receptors to substantial pollutant
concentrations?
--X--
e) Create objectionable odors affecting a substantial number of
people?
--X--
Evaluation
a-e) According to the prior OASP EIR, project construction will generate short -term emissions of air pollutants.
Construction-related emissions would primarily be dust (particulates) generated from soil disturbance and combustion
emissions generated by construction equipment. Such dust generation was determined to be a potentially short -term
significant impact on air quality that could exceed established state and federal thresholds for regional or local air quality or
otherwise conflict with City and County air quality plans or programs. In addition, the project site is situated near existi ng
residential units thereby potentially exposing sensitive receptors to substantial pollutant concentrations. The OASP EIR also
noted long-term (“operation”) air quality impacts would result from on-going emissions generated by the project-related
vehicular trips, as well as additional natural gas combustion for space and water heating and additional fuel combustion at
power plants for electricity consumption.
To reduce vehicular trips associated with the project, the design includes many sustainable features and is not auto-centric.
The project includes a network of pedestrian pathways internally throughout that will connect to the property to the south as
well as Orcutt Road. The applicant is preparing a trip reduction plan that makes a formal commitment to providing features
and amenities in the project to encourage residents to seek alternatives to single passenger trips. These features include , but
are not limited to: 1) Bicycle parking in excess of minimum City requirements; 2) Provision of a bicycle care center in the
community building that will support and service bicycles; and 3) Use of rideshare and/or FunRide services. Additionally, the
project has made a commitment to equipping 100% of the units to potentially use solar systems. The applicant’s commitment
to a trip reduction plan (including annual TDMP monitoring and reporting to gauge successful implementation – Reference
Source 18), solar power together with conditions of approval assure mitigation measures set forth in the prior EIR are brought
forward with this project.
The Geology report generated for the project (Earth Systems, 2014, Attachment 5) makes reference to naturally-occurring
asbestos in certain rock formations. At this site, the Report identified serpentinite rock of the Franciscan Melange rock units
of the general vicinity, a potentially asbestos-bearing rock unit. The Report noted that if excavation into the Franciscan
Melange rock units is planned, and serpentinite is encountered, it should be tested to determine if asbestos is present. If
asbestos is found to be present, an appropriate mitigation plan will be developed by the Project Soils Engineer -Geologist, and
submitted to the City for consideration. Project-specific Mitigation Measure AQ-VTM3083-3 is included to address this
potential impact.
1.e
Packet Pg. 114 Attachment: e - Initial Study/Mitigated Negative Declaration (1327 : West Creek Subdivision)
Issues, Discussion and Supporting Information Sources
ER # 224-14 (VTM 3083; West Creek)
Sources Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010 10
Thus, the project impact is less than significant with mitigation included.
Project-Specific Mitigation Measures:
AQ-VTM3083-1 Solar Conduits. Final building construction plans will include needed conduits required for each
residential unit for installing a roof-mounted solar system, at the option of each owner.
AQ-VTM3083-2 Transportation Demand Management Program (TDMP) Implementation and Monitoring . The
TDMP dated 3-14-2016 shall be implemented with CC&Rs for the final map(s) for the proj ect incorporating the various
operational and design standards into the project. An “Annual TDMP Effectiveness Report” shall be prepared and submitted
to the Community Development Department following the first year of occupancy for residences in the R -4 area, and shall be
repeated annually thereafter. The Annual Report shall describe parking management and recommendations to improve the
TDMP, subject to approval of the Community Development Director.
AQ-VTM3083-3 Naturally-occurring Asbestos. If excavation into the Franciscan Melange rock units is planned, and
serpentinite is encountered, work in the vicinity of the find will be temporarily halted and the materials will be tested to
determine if asbestos is present. If asbestos is found to be present, an appropriate mitigation plan will be developed by the
Project Soils Engineer-Geologist, and submitted to the City Engineer for approval before work in such area(s) may
recommence.
OASP FEIR Mitigation Measures:
The OASP EIR concluded that implementation of the Plan, with mitigation measures AQ- 1(a), 1(b), 1(c), 3(a), 3(b), 3(c) and
3 (d) would reduce the dependence on automobiles and improve energy efficiency decreasing emissions.
Operational Phase Mitigation
AQ-1(a) Energy Efficiency. The building energy efficiency rating shall be 10% above what is required by Title 24
requirements for all buildings within the Specific Plan Area. The following energy-conserving techniques shall be
incorporated unless the applicant demonstrates their infeasibility to the satisfaction of City Planning and Building Department
staff: increase walls and attic insulation beyond Title 24 requirements; orient buildings to maximize natural heating and
cooling; plant shade trees along southern exposures of buildings to reduce summer cooling needs; use roof material with a
solar reflectance value meeting the Environmental Protection Agency/Department of Energy “Energy Star” rating; build in
energy efficient appliances; use low energy street lighting and traffic signals; use energy efficient interior lighting; use solar
water heaters; and use double-paned windows.
AQ-1(b) Transit. Bus turnouts and shelter improvements with direct pedestrian access shall be installed at all bus stops.
AQ-1(c) Shade Trees. All parking lots shall include shade trees within the parking area. There shall be at least one shade tree
for every six vehicle parking spaces.
Construction Phase Mitigation
AQ-3(a) Application of CBACT (Best Available Control Technology for construction related equipment). The
following measures shall be implemented to reduce combustion emissions from construction equipment where a
project will have an area of disturbance greater than 1 acre.
1. Specific Plan applicants shall submit for review by the Community Development Department and Air Pollution
Control District (APCD) staff a grading plan showing the area to be disturbed and a description of construction
equipment that will be used and pollution reduction measures that will be implemented. Upon confirmation by
the Community Development Department and APCD, appropriate CBACT features shall be applied. The
application of these features shall occur prior to Specific Plan construction.
1.e
Packet Pg. 115 Attachment: e - Initial Study/Mitigated Negative Declaration (1327 : West Creek Subdivision)
Issues, Discussion and Supporting Information Sources
ER # 224-14 (VTM 3083; West Creek)
Sources Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010 11
2. Specific Plan applicants shall be required to ensure that all construction equipment and portable engines are
properly maintained and tuned according to manufacturer's specifications.
3. Specific Plan applicants shall be required to ensure that off-road and portable diesel powered equipment,
including but not limited to bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets, compressors,
auxiliary power units, shall be fueled exclusively with CARB motor vehicle diesel fuel (non-taxed off-road diesel
is acceptable).
4. Specific Plan applicants shall be required to install a diesel oxidation catalyst on each of the two pieces of
equipment projected to generate the greatest emissions. Installations must be prepared according to
manufacturer's specifications.
AQ-3(b) Dust Control. The following measures shall be implemented to reduce PM10 emissions during all Specific Plan
construction:
1. Reduce the amount of the disturbed area where possible.
2. Use water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site.
Water shall be applied as soon as possible whenever wind speeds exceed 15 miles per hour. Reclaimed
(nonpotable) water should be used whenever possible.
3. All dirt-stock-pile areas shall be sprayed daily as needed.
4. Permanent dust control measures shall be identified in the approved Specific Plan revegetation and landscape
plans and implemented as soon as possible following completion of any soil disturbing activities.
5. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading shall
be sown with a fast-germinating native grass seed and watered until vegetation is established.
6. All disturbed soil areas not subject to revegetation shall be stabilized using approved chemical soil binders, jute
netting, or other methods approved in advance by the APCD.
7. All roadways, driveways, sidewalks, etc., to be paved shall be completed as soon as possible. In addition,
building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.
8. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction
site.
9. All trucks hauling dirt, sand, soil or other loose materials shall be covered or shall maintain at least two feet of
freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section
23114.
10. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and equipment
leaving the site.
11. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers
with reclaimed water shall be used where feasible.
AQ-3(c) Cover Stockpiled Soils. If importation, exportation, or stockpiling of fill material is involved, soil stockpiled for
more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. Trucks transporting
material shall be tarped from the point of origin.
AQ-3(d) Dust Control Monitor. On all projects with an area of disturbance greater than 1 acre, the contractor or builder
shall designate a person or persons to monitor the dust control program and to order increased watering as necessary to prevent
transport of dust off-site. Their duties shall include holiday and weekend periods when work may not be in progress.
4. BIOLOGICAL RESOURCES. Would the project:
a) Have a substantial adverse effect, either directly or through
habitat modifications, on any species identified as a candidate,
sensitive, or special status species in local or regional plans,
policies, or regulations, or by the California Department of Fish
and Wildlife or U.S. Fish and Wildlife Service?
1, 15 --X--
1.e
Packet Pg. 116 Attachment: e - Initial Study/Mitigated Negative Declaration (1327 : West Creek Subdivision)
Issues, Discussion and Supporting Information Sources
ER # 224-14 (VTM 3083; West Creek)
Sources Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010 12
b) Have a substantial adverse effect, on any riparian habitat or
other sensitive natural community identified in local or regional
plans, policies, or regulations, or by the California Department
of Fish and Wildlife or U.S. Fish and Wildlife Service?
15 --X--
c) Have a substantial adverse effect on federally protected wetlands
as defined in Section 404 of the Clean Water Act (including, but
not limited to, marsh, vernal pool, coastal, etc.) through direct
removal, filling, hydrological interruption, or other means?
15 --X--
d) Interfere substantially with the movement of any native resident
or migratory fish or wildlife species or with established native
resident or migratory wildlife corridors, or impede the use of
native wildlife nursery sites?
15 --X--
e) Conflict with any local policies or ordinances protecting
biological resources, such as a tree preservation policy or
ordinance?
1,2,3 --X--
f) Conflict with the provisions of an adopted habitat Conservation
Plan, Natural Community Conservation Plan, or other approved
local, regional, or state habitat conservation plan?
3 --X--
Evaluation
The EIR prepared for the OASP conducted programmatic biological resource impact analyses of special species of plants and
animals, and different habitat values, including riparian corridors and wetlands. The OASP incorporated recommended EIR
policies and programs. Appendix C of the OASP incorporates mitigation measures to be applied to project approvals
consistent with the Specific Plan as applicable. The most significant sensitive natural resource features on the project site are
the creek corridors and associated wetland and woodland areas. In order to evaluate t he specific impact of proposed
development on the riparian corridors and other portions of the project site, the applicant had a Biological Resources
Assessment (BRA) completed by SWCA Environmental Consultants which is dated June 25, 2015 and included as Source
Reference 15.
a) The BRA documents the existing habitat zones on the project site and includes surveys of special status species of plants
and animals. The surveys fulfill the requirements of adopted mitigation measures and concluded that special status species
were not present on the site in areas of development. The first two mitigation measures listed below are recommended in
advance of construction depending on its timing.
b,c,d) East Orcutt Creek flows through the project site. Sheet C5 of the VTM shows that the two riparian open space lots
have been created that are numbered 76 & 79. The riparian lot configurations were specifically developed to include the
channel area, creek banks, and appropriate setbacks, based on the project engineer’s consultation with the City, including the
Natural Resources Manager, and other regulatory agencies. Consistent with OASP policies and development guidance, the
riparian corridor will be protected as open space and enhanced with native plantings as appropr iate. This will create a
riparian corridor with an improved high habitat value for wildlife species. Therefore, it is not expected that the development
would interfere substantially with the movement of any native wildlife species.
e) VTM Sheet C3 is the project demolition plan which includes the locations of existing trees and their proposed status with
development. The two most common trees shown are willows in the creek corridors and peppers in clusters at scattered
locations. Several varieties of ornamental trees are located in the vicinity of the existing house. There are no significant
specimen or heritage trees on the property. However, there are some larger oaks that where possible should be saved. The
City Arborist will review project plans and evaluate the tree proposals. At the time of submittal of tract improvement
plans/grading plans, the Arborist will evaluate final tree removal plans and will provide recommendations on design revisions
and/or tree replacement programs to resolve tree remova l. Ultimately, the ARC will weigh in if there are any tree removals
shown on plans that the City Arborist objects to. In this context the ARC will have the responsibility to define project grading
and/or housing changes to implement final tree mitigations. To the extent this reduces density or site plans, those changes will
be evaluated for major or minor modifications to the approved VTM. Therefore, City review processes assure that proposed
1.e
Packet Pg. 117 Attachment: e - Initial Study/Mitigated Negative Declaration (1327 : West Creek Subdivision)
Issues, Discussion and Supporting Information Sources
ER # 224-14 (VTM 3083; West Creek)
Sources Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010 13
tree removals will be properly evaluated and project conditions for compensatory tree planting developed if deemed
necessary.
Project-Specific Mitigation Measures:
BIO-VTM3083-1 Tree Retention/Removal. Final Design Review by ARC shall include recommendations from the City
Arborist for tree retention and removal, and will define a final land plan with grading and housing placement to address the
tree removal and retention options. To the extent this mitigation measure reduces density or alters site plans, those change s
will be evaluated for major or minor modifications to the approved VTM.
BIO-VTM3083-1 Nesting Bird Survey. If vegetation clearing, grading or demolition of any existing structures is to occur
during the nesting bird season (February 15 to September 15), the applicant should retain a qualified biologist to conduct a
nesting bird survey. If active bird nests are detected the following measures should be implemented:
a. The project should be modified or delayed as necessary to avoid direct take of bird species protected under the MBTA;
b. A qualified biologist should establish an appropriate buffer zone around active nest sites. Construction activities in the
established buffer zone should be prohibited until the young have fledged the nest and achieved independence; and,
c. The qualified biologist should document all active nests and submit a letter-report to the County, USFWS, and CDFW,
documenting project compliance with the MBTA and applicable project mitigation measures.
BIO-VTM3083-2 Roosting Bats Survey. If demolition of any existing buildings or structures is to occur, a qualified
biologist should survey structure(s) to determine the presence/absence of roosting bats within the existing structures. Should
no roosting bats be present, exclusionary measures shall be implemented to preclude roosting prior to demolition. If active
roosting is identified, the project should be delayed until the biologist can confirm that the roosting bats have evacuated the
structures on their own accord.
OASP FEIR Mitigation Measures:
B-3(a) Construction Requirements. Development under the Specific Plan shall abide by the requirements of the City
Arborist for construction. Requirements shall include but not be limited to: the protection of trees with construction setbacks
from trees; construction fencing around trees; grading limits around the base of trees as required; and a replacement plan for
trees removed including replacement at a minimum 1:1 ratio.
Riparian Woodland and Wetland Habitat (OASP)
B-4(a) Trail Setbacks. Trails shall be setback out of riparian habitat. The trail shall be a minimum distance of 20 feet from
top of bank or from the edge of riparian canopy, whichever is farther. Trails shall be setback from wetland habitat at a
minimum distance of 30 feet and shall not be within the buffer. Native plant species that will deter human disturbance shall be
planted in the area between the trail and the wetland/riparian habitat including plants such as California rose (Rosa
californica) and California blackberry (Rubus ursinus). No passive recreational use shall be allowed in the riparian or wetland
habitats or drainage corridors.
B-4(b) Development Setbacks. Development that abuts riparian and wetland mitigation areas shall also be setback at least 20
feet, and be buffered by an appropriately-sized fence and/or plants that deter human entry listed in B-4(a).
B-4(c) Riparian/ Wetland Mitigation. If riparian and/or wetland habitat are proposed for removal pursuant to development
under the Specific Plan, such development shall apply for all applicable permits and submit a Mitigation Plan for areas of
disturbance to wetlands and/or riparian habitat. The plan shall be prepared by a biologist familiar with restoration and
mitigation techniques. Compensatory mitigation shall occur on-site using regionally collected native plant material at a
minimum ratio of 2:1 (habitat created to habitat impacted) in areas shown on Figure 4.4-2 as directed by a biologist. The
resource agencies may require a higher mitigation ratio. If the Orcutt Regional Basin is necessary as a mitigation site for
waters of the U.S. and State it shall be designed as directed by a biologist taking into consideration hydrology, soils, and
erosion control and using the final mitigation guidelines and monitoring requirements (U.S. Army Corps of Engineers, 2004).
1.e
Packet Pg. 118 Attachment: e - Initial Study/Mitigated Negative Declaration (1327 : West Creek Subdivision)
Issues, Discussion and Supporting Information Sources
ER # 224-14 (VTM 3083; West Creek)
Sources Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010 14
As noted above, the trail shall be setback out of the buffer area for riparian and wetland habitat.
Impacts to Wildlife (OASP)
B-5(e) FESA Consultation and Mitigation Regarding VPFS. If any VPFS individuals are located onsite, substantial
setbacks from their identified habitat shall be implemented to avoid take of a Federally-listed species. If complete avoidance
is not economically or technically feasible, then Section 10 of the Federal Endangered Species Act (FESA) shall be used to
authorize incidental take when no other Federal agency such as the Corps is involved. This process includes development of
a Habitat Conservation Plan for protecting and enhancing the Federally-listed species at a specific location in perpetuity.
Species take can also be authorized under Section 7 of the FESA if a Federal agency is involved in the project (e.g., Corps
Section 404 permitting for impacts to waters of the U.S. and/or Federal funding) and agrees to be the lead agency requesting
Section 7 consultation. The compensatory mitigation ratio shall be determined by the appropriate resource agencies. Suitable
replacement habitat shall be constructed either within the site boundaries or offsite.
B-6(a) Minimized Roadway Widths. Roadway widths adjacent to riparian and wetland habitats shall be reduced to the
minimum width possible, while maintaining Fire Department Requirements for emergency access, with slower speed limits
introduced. Posted speed limits should be 25 mph.
B-6(b) Culvert Design. Although closed culverts are to be the drainage conveyance method of last resort per the City
Waterways Management Plan, where they are required, culverts connecting the Plan Area drainage corridors with upstream
and downstream drainage corridors shall be evaluated during the suitability analysis pursuant to Mitigation Measure B-5(e) to
determine their importance to wildlife who could use them to travel to and from the site. If culverts are found to be of
importance to wildlife, the culverts shall be evaluated for their potential for improvement (i.e. retrofitting, maintenance, or
specific improvements depending on the types of species using them). The development pursuant to the Specific Plan and the
City shall develop a plan for the improvement of the culverts. Preservation of the wildlife corridors that are present on the
project site can be achieved with sufficient setbacks from riparian and wetland habitats. Refer to Mitigation Measure B-4 for
mitigation regarding riparian and wetland habitat setbacks.
B-6(c) Educational Pet Brochure. Any development pursuant to the Specific Plan shall prepare a brochure that informs
prospective homebuyers and Home Owners Association (HOA) members about the impacts associated with nonnative
animals, especially cats and dogs, to the project site; similarly, the brochure must inform potential homebuyers and all HOA
members of the potential for coyotes to prey on domestic animals.
B-6(c) Landscaping Plan Review. To ensure that project landscaping does not introduce invasive non-native plant and tree
species to the region of the site, the final landscaping plan shall be reviewed and approved by a qualified biologist. The
California Invasive Plant Council (Cal-IPC) maintains several lists of the most important invasive plants to avoid. The lists
shall be used when creating a plant palette for landscaping to ensure that plants on the lists are not used. The full list of plants
for this mitigation is included in the summary of mitigation measures at the end of this document.
5. CULTURAL RESOURCES. Would the project:
a) Cause a substantial adverse change in the significance of a
historic resource as defined in §15064.5.
1,16 --X--
b) Cause a substantial adverse change in the significance of an
archaeological resource pursuant to §15064.5)
1,16 --X--
c) Directly or indirectly destroy a unique paleontological resource
or site or unique geologic feature?
1 --X--
d) Disturb any human remains, including those interred outside of
formal cemeteries?
1 --X--
Evaluation
a) The project area has been part of two general cultural resource field surveys. There are existing buildings on the site that
may be more than 50 years old. Any buildings which are older than 50 years old would be subject to a historic evaluation
1.e
Packet Pg. 119 Attachment: e - Initial Study/Mitigated Negative Declaration (1327 : West Creek Subdivision)
Issues, Discussion and Supporting Information Sources
ER # 224-14 (VTM 3083; West Creek)
Sources Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010 15
consistent with the City’s Preservation Program Guidelines. However, photo evaluations conducted for this IS do not suggest
any historic features associated with the existing residence to be demolished (Source Reference 16). Under recommended
conditions, the project will complete a photo inventory of the buildings prior to demolition. With compliance with the cited
mitigation measure, the impact would be mitigated. Therefore, the project impact is less than significant with mitigation
included.
b,c,d) The project site is located in an area that does not contain any unique geological feature and possesses no known
unique paleontological resources. The OASP EIR included an on-site survey of the subject project area and although no
historic or archeological resources were discovered, the site was identified in EIR Figure 4.5.2 as an area that would need to
be monitored during construction. Development of the site will be subject to construction mitigation monitoring requirements
contained in the OASP and OASP EIR to address any unknown subsurface resources which may be discovered during grading
operation of the site. Thus, the project impact is less than significant with mitigation included.
Project-Specific Mitigation Measures:
CR-VTM3083-1 Photo Documentation. Prior to development, a qualified historian shall be retained to conduct a photo
documentation of the 50+ year old structures within the West Creek VTM#3083 project using the City’s Historic Preservation
Program Guidelines.
OASP FEIR Mitigation Measures:
CR-1 (d) Archaeological Resource Construction Monitoring. At the commencement of project construction, an orientation
meeting shall be conducted by an archaeologist for construction workers associated with earth disturbing procedures. The
orientation meeting shall describe the possibility of exposing unexpected archaeological resources and directions as to what
steps are to be taken if such a find is encountered. If human remains are exposed, State Health and Safety Code Section
7050.5 requires that no further disturbance shall occur until the County Coroner has made the necessary findings as to origin
and disposition pursuant to Public Resources Code Section 5097.98.
6. GEOLOGY AND SOILS. Would the project:
a) Expose people or structures to potential substantial adverse
effects, including the risk of loss, injury or death involving:
1,5 --X--
I. Rupture of a known earthquake fault, as delineated on the
most recent Alquist-Priolo Earthquake Fault Zoning Map
issued by the State Geologist for the area or based on other
substantial evidence of a known fault? Refer to Division of
Mines and Geology Special Publication 42.
1,5 --X--
II. Strong seismic ground shaking? 1,5 --X--
III. Seismic-related ground failure, including liquefaction? 1,5 --X--
IV. Landslides? 1,5 --X--
b) Result in substantial soil erosion or the loss of topsoil? 1,5 --X--
c) Be located on a geologic unit or soil that is unstable, or that
would become unstable as a result of the project, and potentially
result in on or off site landslide, lateral spreading, subsidence,
liquefaction or collapse?
1,5 --X--
d) Be located on expansive soil, as defined in Table 1802.3.2 of the
California Building Code (2007), creating substantial risks to
life or property?
4, 5 --X--
e) Have soils incapable of adequately supporting the use of septic
tanks or alternative waste water disposal systems where sewers
are not available for the disposal of waste water?
1,5 --X--
1.e
Packet Pg. 120 Attachment: e - Initial Study/Mitigated Negative Declaration (1327 : West Creek Subdivision)
Issues, Discussion and Supporting Information Sources
ER # 224-14 (VTM 3083; West Creek)
Sources Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010 16
Evaluation
a)- d): The OASP EIR found that all the above-stated effects from implementation of both plans would be less than significant
and therefore the OASP EIR conducted no further evaluations. There is no new evidence to suggest there would be any site -
specific impacts that were not adequately anticipated or evaluated in the prior environmental documents . The preliminary
grading plan proposes a substantially balanced cut and fill, minimizes the need for tall retaining walls, and respects site
contours. The final grading plan of the proposed subdivision will be in accordance with the Geotechnical Engineer’s
recommendations and the California Building Code adopted by the City and modified by City regulations. Thus, the project
impact is less than significant.
7. GREENHOUSE GAS EMISSIONS. Would the project:
a) Generate greenhouse gas emissions, either directly or indirectly,
that may have a significant impact on the environment?
1 --X--
b) Conflict with an applicable plan, policy or regulation adopted
for the purpose of reducing the emissions of greenhouse gases?
6, 14 --X--
Evaluation
In addition to the analysis regarding Air Quality impacts, the OASP EIR also included a discussion of strategies for reducing
greenhouse gas (GHG) emissions and provided a project-specific emissions inventory. The City does not have specific
adopted project thresholds for GHGs, but did recently adopt a Climate Action Plan (CAP), which like the aforementioned
OASP EIR section on GHGs, provides guidance on project design and other sustainable practices to reduce emissions. The
applicant completed a CAP compliance checklist which outlines the many design features of the project that constitute a
qualified GHG reduction strategy. Therefore, the project is consistent with EIR guidance on reducing GHGs as well as the
CAP; therefore, the impact is less than significant.
8. HAZARDS AND HAZARDOUS MATERIALS. Would the project:
a) Create a significant hazard to the public or the environment
through the routine transport, use, or disposal of hazardous
materials?
1 --X--
b) Create a significant hazard to the public or the environment
through reasonably foreseeable upset and accident conditions
involving the release of hazardous materials into the
environment?
1 --X--
c) Emit hazardous emissions or handle hazardous or acutely
hazardous materials, substances, or waste within one-quarter
mile of an existing or proposed school?
1 --X--
d) Be located on a site which is included on a list of hazardous
materials sites compiled pursuant to Government Code Section
65962.5 and, as a result, would it create a significant hazard to
the public or the environment?
1 --X--
e) For a project located within an airport land use plan or, where
such a plan has not been adopted, within two miles of a public
airport or public use airport, would the project result in a safety
hazard for people residing or working in the project area?
7 --X--
f) For a project within the vicinity of a private airstrip, would the
project result in a safety hazard for people residing or working
in the project area?
7 --X--
g) Impair implementation of or physically interfere with an adopted
emergency response plan or emergency evacuation plan?
7 --X--
h) Expose people or structures to a significant risk of loss, injury, 7 --X--
1.e
Packet Pg. 121 Attachment: e - Initial Study/Mitigated Negative Declaration (1327 : West Creek Subdivision)
Issues, Discussion and Supporting Information Sources
ER # 224-14 (VTM 3083; West Creek)
Sources Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010 17
or death involving wildland fires, including where wildlands are
adjacent to urbanized areas or where residences are intermixed
with wildlands?
Evaluation
a), b), d): The OASP EIR determined no hazardous materials, substances or waste exist on the subject site. Thus there is no
impact.
c) The project site is not located within one-quarter mile of an existing or proposed school. Thus there is no impact.
e) The project site is not located on a site which is included on a list of hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a result, would not create a significant hazard to the public or the environment.
Thus, there is no impact.
f) The project site is located in the vicinity of the San Luis Obispo County Regional Airport, and is subject to the County
Airport Land Use Plan (ALUP). In its adoption of the OASP, the City Council found the OASP to be consistent with the
ALUP, and ultimately received the endorsement of the Airport Land Use Commission. The OASP includes performance
standards for avigation easements for tracts (3.5.2g) and real e state disclosures to potential owners and renters. VTM#3083
conditions of approval are recommended to be included to address these requirements. Therefore, because the subject project
and proposed uses and densities are compliant with the OASP, and the project will be conditioned per the OASP performance
standards; there is not a significant impact.
g) The OASP project and its proposed circulation and land use plan has been reviewed by the Fire Marshal who has
recommended conditions of approval which will assure compliance with adopted fire/emergency-related codes. The project
as designed will not impair implementation of, or physically interfere with, the adopted emergency response plan or
emergency evacuation plans of the City. Thus there is no impact.
h) The project site is not in an area identified as subject to wildland fire hazards. Thus there is no impact.
9. HYDROLOGY AND WATER QUALITY. Would the project:
a) Violate any water quality standards or waste discharge
requirements?
1 X
b) Substantially deplete groundwater supplies or interfere
substantially with groundwater recharge such that there would be
a net deficit in aquifer volume or a lowering of the local
groundwater table level (e.g. the production rate of pre -existing
nearby wells would drop to a level which would not support
existing land uses or planned uses for which permits have been
granted)?
X
c) Substantially alter the existing drainage pattern of the site or
area, including through the alteration of the course of a stream o r
river, in a manner which would result in substantial erosion or
siltation on or off site?
8 X
d) Substantially alter the existing drainage pattern of the site or
area, including through the alteration of the course of a stream or
river, or substantially increase the rate or amount of surface
runoff in a manner which would result in flooding on or off site?
8, 10,
11
X
e) Create or contribute runoff water which would exceed the
capacity of existing or planned storm water drainage systems or
provide substantial additional sources of polluted runoff?
8 X
f) Otherwise substantially degrade water quality? X
g) Place housing within a 100-year flood hazard area as mapped on 9 --X--
1.e
Packet Pg. 122 Attachment: e - Initial Study/Mitigated Negative Declaration (1327 : West Creek Subdivision)
Issues, Discussion and Supporting Information Sources
ER # 224-14 (VTM 3083; West Creek)
Sources Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010 18
a federal Flood Hazard Boundary or Flood Insurance Rate Map
or other flood hazard delineation map?
h) Place within a 100-year flood hazard area structures which
would impede or redirect flood flows?
9 --X--
i) Expose people or structures to significant risk of loss, injury or
death involving flooding, including flooding as a result of the
failure of a levee or dam?
--X--
j) Inundation by seiche, tsunami, or mudflow? 3 --X--
Evaluation
a), f) The project will not violate any water quality standards or waste discharge requirements. According to the prior OASP
EIR, development associated with the project will require issuance of an NPDES general construction activity storm water
permit by the Central Coast RWQCB. The development is subject to the Post Construction Stormwater Regulations as
promulgated by the Regional Water Quality Control Board. Completion of this project would ensure that construction-related
discharges are limited or adequately accommodated by properly engineered infrastructure design. Thus, the impact is
considered less than significant.
Because ongoing use of the project area for residential uses would also increase the potential for discharge of chemicals, oils
and fuels, and waste into projected waterways; the requirement for the implementation of Best Management Practices (BMPs)
must be established to greatly reduce the potential for unwanted runoff. Therefore, implementation of the BMPs on the
project will reduce the impact to a less than significant level.
b) The project will be served by the City’s sewer and water systems and will not use or deple te groundwater supplies or
interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of t he
local groundwater table level. Thus, there is no impact.
c), d), e) According to the prior OASP EIR, construction of the proposed project as part of the OASP would result in an
increase of impervious surfaces that would cause the timing and amount of surface water runoff to increase. However, the
project is subject to the revised City Storm Drain Master Plan/Waterway Management Plan that discusses the necessary
improvements that would ensure adequate transmission and detention of storm water flow created by any new development
and thus potential impacts resulting from increased development–related run-off was determined by the OASP EIR to be less
than significant, and no mitigation required. To ensure that runoff levels will be equal to or less than existing levels, al l storm
water runoff will be contained in detention facilities and basins within the subdivision and drained at a rate not to exceed the
2-year undeveloped flow rate. The applicant’s engineer has prepared a Stormwater Control Plan for Post Construction
Requirements. The design, location, and maintenance of the detention facilities and basins will be subject to the approval of
the City Engineer. Thus, the impact of the project is less than significant.
g), h), i), j) This development is subject to the OASP, Drainage Design Manual, Floodplain Management Regulations. The
project does not place housing within a 100-year flood hazard area as mapped on a Federal Emergency Management Agency
(FEMA) Flood Hazard Boundary or Flood Insurance Rate Map (FIRM) or other flood hazard delineation map or may impede
or redirect water flows that will cause a flood hazard to surrounding areas. The drainage analysis shows that the proposed
building pads are located above and/or outside the limits of the 100 -year flood event. The subject site is not in a location
where it would be susceptible to inundation by seiche, tsunami, or mudflow. Thus there is no impact.
10. LAND USE AND PLANNING. Would the project:
a) Physically divide an established community? 1 --X--
b) Conflict with any applicable land use plan, policy, or regulation
of an agency with jurisdiction over the project (including, but
not limited to the general plan, specific plan, local coastal
program, or zoning ordinance) adopted for the purpose of
avoiding or mitigating an environmental effect?
3 --X--
c) Conflict with any applicable habitat conservation plan or natural 1,15 --X--
1.e
Packet Pg. 123 Attachment: e - Initial Study/Mitigated Negative Declaration (1327 : West Creek Subdivision)
Issues, Discussion and Supporting Information Sources
ER # 224-14 (VTM 3083; West Creek)
Sources Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010 19
community conservation plan?
Evaluation
a) The project will create a variety of new residential units in accordance with the OASP . Housing product types include
traditional detached single-family homes (23), small-lot single- family parkway homes (44), and condominiums with studios
and one-bedroom and two-bedroom units (total of 105). Consistent with OASP land use designations, areas generally north
of the East Fork of Orcutt Creek are developed with multi-family units at densities anticipated in the R-4 zone. Areas south of
the creek are developed with small-lot single-family homes, appropriate for their R-2 designation and with a variety of home
options and styles provided for first-time homebuyers and move-down buyers. Therefore, the project will not physically
divide an established community because it is a logical and orderly extension of the planned land uses per the OASP and is
compatible with established development within the surrounding area. Thus there is no impact.
b) The project is planned and designed to be consistent with the OASP land use designations on the site for Medium Density
Residential and High Density Residential types, and for residential density ranges for the property. The distribution of units
across the site and the lot designs proposed with the subdivision are consistent with the applicable land use designations.
Thus, there is no impact.
c) The project site is not located within a habitat conservation plan or natural community conservation plan. Thus, there is no
impact. (See related discussion above under Part 4. Biological Resources.)
11. MINERAL RESOURCES. Would the project:
a) Result in the loss of availability of a known mineral resource
that would be of value to the region and the residents of the
state?
1, 6 --X--
b) Result in the loss of availability of a locally-important mineral
resource recovery site delineated on a local general plan,
specific plan or other land use plan?
1 --X--
Evaluation
a-b) The project will not conflict with adopted energy conservation plans nor will it promote the use of non-renewable
resources in a wasteful and inefficient manner. The future development of the site must comply with the policies contained i n
the General Plan Energy Element that states: “New development will be encouraged to minimize the use of conventional
energy for space heating and cooling, water heating, and illumination by means of proper design and orientation, including th e
provision and protection of solar exposure.” The applicant has made a commitment to equipping 30% of the units to
potentially use solar systems. The applicant’s commitment to solar power and the other measures included in the submitted
CAP checklist demonstrate how the project will comply with Ene rgy Element policies. The project will also be subject to
Architectural Review that will ensure consistency with City energy conservation goals, policies, and regulations. Thus, the
project impact is less than significant.
c) There are no known mineral resources on the project site that would be of value to the region and the residents of the State.
There is no impact.
12. NOISE. Would the project result in:
a) Exposure of persons to or generation of noise levels in excess of
standards established in the local general plan or noise
ordinance, or applicable standards of other agencies?
1, 3 --X--
b) Exposure of persons to or generation of excessive groundborne
vibration or groundborne noise levels?
1 --X--
c) A substantial permanent increase in ambient noise levels in the
project vicinity above levels existing without the project?
1 --X--
d) A substantial temporary or periodic increase in ambient noise 1 --X--
1.e
Packet Pg. 124 Attachment: e - Initial Study/Mitigated Negative Declaration (1327 : West Creek Subdivision)
Issues, Discussion and Supporting Information Sources
ER # 224-14 (VTM 3083; West Creek)
Sources Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010 20
levels in the project vicinity above levels existing without the
project?
e) For a project located within an airport land use plan, or where
such a plan has not been adopted, within two miles of a public
airport or public use airport, would the project expose people
residing or working in the project area to excessive noise levels?
f) For a project within the vicinity of a private airstrip, would the
project expose people residing or working in the project area to
excessive noise levels?
7 --X--
7
--X--
Evaluation
a) According to the OASP EIR, the proposed project is located in an area zoned for residential land uses that are predicted to
be exposed to traffic noise levels that exceed the Noise Element standard of 60 decibels (dB). This is particularly true fo r
lots adjacent to Orcutt Road which functions as a major north-south arterial, connecting Johnson Avenue and Tank Farm
Road and carries large volumes of traffic. Consequently, to reduce the effects of such traffic related noise to sensitive
residential receptors, the OASP established goals, policies and programs to reduce noise e xposure of new sensitive receptors
within the Orcutt Area to meet City Standards. Specifically, the project complies with OASP noise programs as follows:
1) Outdoor activity areas are located internally to the project and are set back from the centerline of O rcutt Road by
more than 80 feet.
2) Residential portions of dwellings are set back more than 60 feet from the centerline of Orcutt Road.
3) New construction will comply with requirements for 45 dB interior sound levels through standard construction
techniques, consistent with Building Code requirements.
b) The project will not expose people to the generation of excessive ground -borne noise levels or vibrations. Thus, there is no
impact.
c) Site development will result in increases in ambient noise levels, but not to significant levels, since by operation of
mitigation requirements set forth in a) above, noise increases that would affect ambient levels are to be reduced to threshol ds
determined to be acceptable in residential areas. Therefore, impacts to permanent ambient noise levels are less than
significant.
d) Project construction or other temporary or periodic noise generation may result in temporary increases (spikes) in ambient
noise levels. Since there is no way to predict the origin or duration of these types of noise sources for this development, it can
only be regulated if found to be a nuisance by the City’s Noise Ordinance. The project by reference acknowledges that it wil l
comply with Mitigation Measure N-1 (a) which references the City’s Noise Ordinance in terms of construction hours and
techniques to reduce noise levels. Thus, the impact is less than significant.
e) The project is located in the vicinity of the San Luis Obispo County Regional Airport, and is subject to the County Airpor t
Land Use Plan. According to the prior OASP EIR, the project is not within the 60 or 65 dBA -CNEL contour line. The OASP
EIR and Plan finds the impact is adverse, but less than significant.
OASP FEIR Mitigation Measures:
N-1(a) Compliance with City Noise Ordinance. Construction hours and noise levels shall be compliant with the City Noise
Ordinance [Municipal Code Chapter 9.12, Section 9.12.050(6)]. Methods to reduce construction noise can include, but are
not limited to, the following:
1. Equipment Shielding. Stationary construction equipment that generates noise can be shielded with a barrier.
2. Diesel Equipment. All diesel equipment can be operated with closed engine doors and equipped with factory-
recommended mufflers.
3. Electrical Power. Whenever feasible, electrical power can be used to run air compressors and similar power tools.
4. Sound Blankets. The use of sound blankets on noise generating equipment.
1.e
Packet Pg. 125 Attachment: e - Initial Study/Mitigated Negative Declaration (1327 : West Creek Subdivision)
Issues, Discussion and Supporting Information Sources
ER # 224-14 (VTM 3083; West Creek)
Sources Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010 21
13. POPULATION AND HOUSING. Would the project:
a) Induce substantial population growth in an area, either direc tly
(for example, by proposing new homes and businesses) or
indirectly (for example, through extension of roads or other
infrastructure)?
1 --X--
b) Displace substantial numbers of existing housing, necessitating
the construction of replacement housing elsewhere?
c) Displace substantial numbers of people, necessitating the
construction of replacement housing elsewhere?
1 --X--
1 --X--
Evaluation:
a) The added population growth caused by this project is within the General Plan’s projection and will n ot result in population
exceeding local and regional growth projections. Therefore, the impact of inducing substantial population growth to the
planning area would be less than significant.
b) c) The project site currently contains a house Under conditions of approval recommended for VTM#3083, tenants will be
provided 90-day notice, in lieu of required 30-day notice, to assist in relocation. City of San Luis Obispo has sufficient rental
housing stock available for relocation. Thus, there is no impact.
14. PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the
provision of new or physically altered governmental facilities, the construction of which could cause significant
environmental impacts, in order to maintain acceptable service ratios, response times or other performance
objectives for any of the public services:
a) Fire protection? 1 --X--
b) Police protection? 1 --X--
c) Schools? 1, 12 --X--
d) Parks? 1 --X--
e) Other public facilities? 1 --X--
Evaluation
a), b), d), e) The OASP EIR determined that implementation and build out of the OASP will not result in any significant
impacts related to any of the above-listed services due to the ability to offset service needs through the City’s Development
Impact Fee program established via the City General Plan and augmented by the Public Facilities Financing development fee
program in the OASP; therefore, the EIR conclusion was that no further mitigation was necessary. Since the project has been
designed consistent with the OASP, development will not result in any adverse impacts to these services. The project will not
result in substantial adverse physical impacts associated with the provision of, or need for, new or physically altered
government facilities, the construction of which might have the potential to cause significant environmental impacts. In
accordance with the OASP, the project is subject to City and OASP established Development Impact Fees that are charged in
conjunction with approval of development projects to offset costs associated with increases in demand of public services.
Thus, the impact is less than significant.
c) The State has the authority to collect fees at the time of building permits to offset the costs to finance scho ol site acquisition
and school construction, and said fees, when collected by local school districts, are deemed by State law to provide adequate
mitigation for school facility requirements. Section 65955 of the Government Code prohibits the City from den ying a
subdivision or collecting any fees beyond those required by the school district to mitigate effects associated with inadequat e
school facilities. Any increases in demand on school facilities caused by the project are considered to be mitigated by t he
district’s collection of adopted fees at the time of building permit issuance for each residence and commercial building.
Note: The OASP provides for the possibility of a school site being located in the Planning Area, but to date San Luis Coasta l
USD has not indicated the need for, or a desire to locate, a school in the Orcutt Planning Area . It is incumbent on San Luis
Coastal USD to identify the need for a new site, and to initiate discussions with property owners, and failing that avenue,
1.e
Packet Pg. 126 Attachment: e - Initial Study/Mitigated Negative Declaration (1327 : West Creek Subdivision)
Issues, Discussion and Supporting Information Sources
ER # 224-14 (VTM 3083; West Creek)
Sources Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010 22
instead opting to collect school impact fees for the District. As noted above, authority to collect fees at the time of building is
deemed by State law to provide adequate mitigation for school facility requirements. Thus, there is no impact.
15. RECREATION.
a) Would the project increase the use of existing neighborhood or
regional parks or other recreational facilities such that
substantial physical deterioration of the facility would occur or
be accelerated?
1 --X--
b) Does the project include recreational facilities or require the
construction or expansion of recreational facilities which might
have an adverse physical effect on the environment?
1 --X--
Evaluation:
a) & b) The build-out of the project will add to the demand for parks and other recreational facilities. The OASP has
anticipated this demand by designating certain sites within the Plan area for a “Neighborhood Park” for active recreational u se
and other areas for “Open Space” for more passive recreation/aesthetic amenities (e.g. walking or b icycling paths and trails)
intended more for use by adjacent or nearby residents.
Figure 2.4 in the OASP shows the overall Open Space and Parks Plan. This plan designates the option for local parkland
dedication on the project site for consideration in meeting the park needs of the project. OASP Policy 2.3.4 states: “Provide
property owners within the Orcutt Area that want to provide parkland on their properties an opportunity to do so through the
subdivision review process.”
Consistent with the aforementioned plan and policy, the applicant is proposing to include 2.20 acres of improved park space
and 2.80 acres of community open space (total 5.00 acres). The subdivision additionally proposes internal pedestrian paths
and a bicycle care center in the community building of the multi-family development that will support and service bicycles.
These features were incorporated to provide subdivision residents pedestrian oriented access to parkland and paths in this area
during build-out of the overall specific plan. The OASP EIR determined that while build-out of the OASP will generate
increased demand for recreational facilities, the impact is less than significant with the development of additional parks an d
open space per the OASP. Thus, the construction of the project will have a less than significant impact on parks or other
planned OASP recreational facilities.
16. TRANSPORTATION/TRAFFIC. Would the project:
a) Conflict with an applicable plan, ordinance or policy
establishing measures of effectiveness for the performance of the
circulation system, taking into account all modes of
transportation including mass transit and non-motorized travel
and relevant components of the circulation system, including but
not limited to intersections, streets, highways and freeways,
pedestrian and bicycle paths, and mass transit?
1 --X--
b) Conflict with an applicable congestion management program,
including, but not limited to level of service standards and travel
demand measures, or other standards established by the county
congestion management agency for designated roads or
highways?
13
--X--
c) Result in a change in air traffic patterns, including either an
increase in traffic levels or a change in location that results in
substantial safety risks?
7 --X--
d) Substantially increase hazards due to a design feature (e.g.,
sharp curves or dangerous intersections) or incompatible uses
(e.g. farm equipment)?
1,13 --X--
e) Result in inadequate emergency access? 1,13 --X--
1.e
Packet Pg. 127 Attachment: e - Initial Study/Mitigated Negative Declaration (1327 : West Creek Subdivision)
Issues, Discussion and Supporting Information Sources
ER # 224-14 (VTM 3083; West Creek)
Sources Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010 23
f) Conflict with adopted policies, plans, or programs regarding
public transit, bicycle, or pedestrian facilities, or otherwise
decrease the performance or safety of such facilities?
1,13 --X--
Evaluation
a), b) The subject project, as well as all other development that occurs in the future pu rsuant to the OASP and the City
General Plan, will increase traffic in the area. The Circulation Plan of the OASP (as well as the Circulation Element of the
City General Plan) identifies the essential primary road system that will be needed to accommodate development within the
plan area and surrounding growth areas of the City. The OASP EIR determined that the roadway plans of these planning
documents are for the most part self-mitigating in that 1.) Roadway alignments, road extensions, and new intersections are
designed and will be built in response to traffic projected at build -out and, 2.) Development projects in the OASP areas will
also contribute their fair share either through adopted Traffic Impact Fees, OASP development impact fees, assessments or
dedications to specified roadway improvements, and a combination of one or more of these measures.
Based on the traffic study prepared for the Program EIR, development of the Orcutt Area is expected to add 628 Average
Daily Trips (ADT) to Orcutt Road between Johnson Avenue and Tank Farm Road at build-out. At the direction of the City,
the specific impacts of the project with its proposed internal circulation system were evaluated in a traffic study prepared by
Omni Means dated August 2015 (Source Reference 13).
The traffic study found that the project is estimated to ultimately generate approximately 1,486 Daily Trips (727 trips – sf
homes & 760 trips – condos), 112 AM Peak Trips and 149 PM Trips that will utilize the adjacent (and future) roadways.
Depending on when the project is constructed in relationship to those on other properties in the OASP, traffic patterns from
the project will be somewhat different initially than long term since the internal street system of collector roads will not be
connected until other projects occur. However, the traffic study utilized the trip distribution published in the OASP FEIR to
analyze project trip distribution, finding that ultimate distribution changes would not be significant. The four intersection
studied in the project traffic study were all found to operate at acceptable LOS for both peak hours under existing plus project
and existing plus OASP conditions.
Three main facets of the internal circulation network were further evaluated in the traffic study; th ey are:
1) Orcutt Road Entry – location & design;
The original location for the entry was shown further to the east. To provide for a more efficient site plan and to plan
for better riparian area protection, the roadway was moved further to the west. The new alignment has the previously
mentioned benefits, but raised some concerns with visibility and efficiency of turning movements. The traffic study
concludes that the proposed location is acceptable with the street intersection at Orcutt Road and A Street be ing an
FHWA urban compact roundabout.
2) A Street – the curved alignment and need for traffic calming; and
The traffic study concludes that the current alignment of "A" Street is designed with a centerline curvature that
corresponds to a design speed of 27 mph or less and that additional traffic calming features within the development
are therefore not necessary.
3) Southeastern intersection – location and alignment with property to the south.
The proposed intersection of "A-2" Street / "A-3" Street / Monte Azure Road is a closely spaced offset tee
intersection configuration which increase the number of conflict points at the intersection. Redesigning the
intersection to a “Knuckle” roadway curve with a driveway approach to access to the east is an acceptable design.
In summary, the proposed project would add vehicular trips to streets that serve as entry/exit routes to the project site. T hese
streets with the given improvements specified in the City’s adopted planning documents and with the addition of new
Transportation Demand Management (TDM) requirements for the project will serve to accommodate the added vehicular
traffic. Thus, the impact from this project with incorporation of the recommendations of the traffic study is less than
significant.
1.e
Packet Pg. 128 Attachment: e - Initial Study/Mitigated Negative Declaration (1327 : West Creek Subdivision)
Issues, Discussion and Supporting Information Sources
ER # 224-14 (VTM 3083; West Creek)
Sources Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010 24
c), d) The Orcutt Area Specific Plan will require that the project provides roadways that are designed and developed in
accordance with adopted City standards thereby assuring predetermined standards necessary to limit safety hazards and
provide adequate emergency access. Thus, there is no impact as result of the project.
e) The project is subject to the City’s parking requirements as it is outlined in the OASP for each land use. The project bu ild-
out is required to fulfill all necessary parking requirements. Thus, there is no impact.
f) The project provides improvements to implement the City adopted policies to encourage alternative means of
transportation. The project includes pedestrian paths, bicycle paths and staging area and a mass transit bus st op with covered
seating. These path system, bicycle staging area and bus stop meet or exceed the requirements called for in the OASP. Thus,
there is no impact.
g) The OASP has already been found to not conflict with the San Luis Obispo County Airport Land U se Plan (ALUP).
Therefore, as the subject project complies with the pertinent requirements of the OASP regarding allowed land uses and
development densities and standards, the project is not in conflict with the ALUP. Thus, there is no impact from this p roject.
Project-Specific Mitigation Measures:
T-VTM3083-1 Orcutt Road & Street A: Provide roundabout control.
T-VTM3083-2 South Eastern Intersection: Provide “Knuckle” curve with driveway approach for access to the east.
17. UTILITIES AND SERVICE SYSTEMS. Would the project:
a) Exceed wastewater treatment requirements of the applicable
Regional Water Quality Control Board?
1 --X--
b) Require or result in the construction or expansion of new water
or wastewater treatment facilities or expansion of existing
facilities, the construction of which could cause significant
environmental effects?
1 --X--
c) Require or result in the construction of new storm water
drainage facilities or expansion of existing facilities, the
construction of which could cause significant environmental
effects?
1 --X--
d) Have sufficient water supplies available to serve the project
from existing entitlements and resources, or are new and
expanded entitlements needed?
1 --X--
e) Result in a determination by the wastewater treatment provider
which serves or may serve the project that it has adequate
capacity to serve the project’s projected demand in addition to
the provider’s existing commitments?
1 --X--
f) Be served by a landfill with sufficient permitted capacity to
accommodate the project’s solid waste disposal needs?
1 --X--
g) Comply with federal, state, and local statutes and regulations
related to solid waste?
1 --X--
Evaluation
a-c, e) The OASP FEIR determined that implementation and build -out of the OASP will not result in any significant impacts
related to delivery of domestic water, wastewater collection or treatment, or storm water drainage/retention and concluded
that such impacts related to build-out of the OASP were less than significant and no mitigation was d eemed necessary. Build-
out under the OASP will be similar to that anticipated and projected in the City General Plan. The project proposes to provid e
all water (both potable and recycled), sewer, and storm drain facilities necessary to adequately serve the subject projects,
1.e
Packet Pg. 129 Attachment: e - Initial Study/Mitigated Negative Declaration (1327 : West Creek Subdivision)
Issues, Discussion and Supporting Information Sources
ER # 224-14 (VTM 3083; West Creek)
Sources Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010 25
including distribution, collection and other infrastructure capacity as required by the OASP facility master plan and the Cit y’s
Storm Drain Master Plan/Waterway Management Plan. There is no new evidence that the subject projects, as del ineated by
the OASP, will exceed RWQCB wastewater treatment requirements, with the potential exceptions described below.
Related to delivery of domestic water to the project, new information developed after the FEIR was certified and after the
Orcutt Area Specific Plan was adopted (in 2010) is now available from the City’s 2015 Water Master Plan and hydraulic
model related to the provision of water service to the Orcutt Specific Plan Area. To serve the area with adequate fire flow
(1,500 gpm for residential areas), and average daily storage requirements, a 12 -inch water main needs to be extended from the
Terrace Hill pressure zone at the intersection of Johnson and Tanglewood Drive in a south/southeast direction to the
intersection of Orcutt Road and B Street. A 12-inch water main will also need to be extended west to Orcutt and A Street.
Under City fire and safety standards, these improvements will be required prior to occupancy of any new residential uses.
Adequate fire flow and storage, based on the extension into the project, is available for the development of the Orcutt Specific
Plan area. Mitigation Measure USS-1 is included to address these off-site improvements in conjunction with the project.
The project proposes an alternate connection to the wastewater collection system which is allowable within the OASP subject
to specific criteria. The Utilities Plan on Sheet C-13 on the VTM shows that the sewer will be extended from the mobile home
park to the southwest of the project through an easement and connect to the existing collection system in Willow Lane.
Downstream of the proposed tie in location, the existing sewer line crossing the railroad tracks from Bullock Lane to
Capitolio is over 45 years old, is not encased, and the cast iron pipe is in poo r condition. Mitigation Measure USS-2 is
included to address these off-site improvements in conjunction with the project. The developer will be required to construct
all sewer facilities according to City standards.
In addition to the on-site utility service infrastructure required with the developments, the project is subject to City and OASP
established Development Impact Fees that are charged in conjunction with approval of development projects to offset costs
associated with water supply, water treatment, and wastewater treatment. Thus, regarding water and wastewater treatment,
there is no impact. To fully resolve fire flow and storage limitations, proposed mitigation measure USS -1 will result in less
than significant impacts. To fully resolve condition issues in the collection system, proposed mitigation measure USS-2 will
result in less than significant impacts.
d) The City has four primary water supply sources including Whale Rock Reservoir, Salinas Reservoir, Nacimiento Reservoir,
and recycled water (for irrigation), with groundwater serving as a fifth supplemental source .
Buildout population demands (2014; Utilities Department) are estimated at 7,128 afy, or 71% of total available annual
supplies. The City’s investment in multi-source water supplies has afforded responsible use options even following some of
the driest years on record.
Provisions in the City General Plan, specifically the Water and Wastewater Management Element and the OASP, insure that
increased water use by new development will not cause inadequate water service to existing and future customers. Service of
recycled water to the Orcutt Area will be extended from Tank Farm Road to Orcutt Road along “A” Street. Mitigation
Measure USS-3 is included to address these off-site improvements in conjunction with the project. This project is also subject
to water impact fees which were adopted to ensure that new development pays its share of constructing additional
infrastructure needed to support additional facilities. Thus, compliance with the City and State standards and requirements
will assure that impacts related to water supplies are less than significant.
f) Solid waste collection within the City will be provided by a private operator under a City franchise and disposal is e xpected
to continue at Cold Canyon Landfill until 2018. The project must be consistent with the City’s Source Reduction and
Recycling Element which requires that recycling facilities be accommodated on the project site and a solid waste reduction
plan for recycling discarded construction materials must be submitted with the building permit application. The project is
also required by the ordinance to include facilities for recycling to reduce the waste stream generated by the project. Thus,
there is no impact.
g) The project will fully comply with existing federal, state, and local statutes and regulations related to solid waste. Th us,
1.e
Packet Pg. 130 Attachment: e - Initial Study/Mitigated Negative Declaration (1327 : West Creek Subdivision)
Issues, Discussion and Supporting Information Sources
ER # 224-14 (VTM 3083; West Creek)
Sources Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010 26
there is no impact.
Project-Specific Mitigation Measures:
USS-VTM3083-1 Off-site Water Main Line Extensions to the OASP to Meet Fire Flow and Storage Standards.
Concurrent with applications for Final Map(s), the applicant shall submit a water supply plan to meet adequate fire flow
standards for all lots within each Final Map. Implementation of such a water line extension plan shall be included as a part of
public improvement plans for the subdivision, and approved by Utilities, Public Works and the City Engineer. This
implementation plan may include a financing plan, including reimbursement provisions, approved by the Cit y Council at the
time of considering any Final Map. Required water main line extension(s) to the subdivision shall be completed and
operational to the satisfaction of the Utilities Director, prior to occupancy of any of the residential uses.
USS-VTM3083-2 Off-site Sewer Line Replacements. Concurrent with applications for Final Map(s), the applicant shall
submit a plan to replace the existing 10-inch sewer line crossing the Union Pacific railroad tracks from Bullock Lane to
Capitolio (approximately 268 feet). Implementation of such a sewer line replacement shall be included as a part of public
improvement plans for the subdivision, and approved by Utilities, Public Works and the City Engineer. This implementation
plan may include a financing plan, including reimbursement provisions, approved by the City Council at the time of
considering any Final Map. Required sewer line replacement shall be completed and operational to the satisfaction of the
Utilities Director, prior to occupancy of any of the residential uses.
USS-VTM3083-3 Off-site Recycled Water Main Line Extension. Concurrent with applications for Final Map(s), the
applicant shall submit a recycled water supply plan to meet the project’s landscape irrigation needs for all approved uses.
Implementation of the recycled water line extension plan shall be included as a part of public improvement plans for the
subdivision, and approved by Utilities, Public Works and the City Engineer. This implementation plan may include a
financing plan, including reimbursement provisions, approved by the City Council at the time of considering any Final Map.
The required recycled water main line extension to the subdivision shall be completed and operational to the satisfaction of
the Utilities Director for landscape irrigation.
18. MANDATORY FINDINGS OF SIGNIFICANCE.
a) Does the project have the potential to degrade the quality of the
environment, substantially reduce the habitat of a fish or wildlife
species, cause a fish or wildlife population to drop below self-
sustaining levels, threaten to eliminate a plant or animal
community, reduce the number or restrict the range of a rare or
endangered plant or animal or eliminate important examples of
the major periods of California history or prehistory?
1 --X--
b) Does the project have impacts that are individually limited, but
cumulatively considerable? ("Cumulatively considerable"
means that the incremental effects of a project are considerable
when viewed in connection with the effects of the past projects,
the effects of other current projects, and the effects of probable
future projects)?
1 --X--
c) Does the project have environmental effects which will cause
substantial adverse effects on human beings, directly or
indirectly?
1 --X--
1.e
Packet Pg. 131 Attachment: e - Initial Study/Mitigated Negative Declaration (1327 : West Creek Subdivision)
Issues, Discussion and Supporting Information Sources
ER # 224-14 (VTM 3083; West Creek)
Sources Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010 27
19. EARLIER ANALYSES.
Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have
been adequately analyzed in an earlier EIR or Negative Declaration. Section 15063 (c) (3) (D). In this case a discussion
should identify the following items:
a) Earlier analysis used. Identify earlier analyses and state where they are available for review.
In 2010 the City of San Luis Obispo certified an Environmental Impact Report (EIR) for the Orcutt Area Specific Plan
(OASP). The subject proposed VTM #3083 property lies within the boundaries of the OASP. Therefore, this prior OASP
EIR evaluation considered impacts and mitigation related generally to potential development of the subject site and others
pursuant to the OASP. The prior OASP EIR, certified by the City Council along with the adoption of the OASP on March 2,
2010, by Resolution No. 10154 (2010 Series), contained a variety of mitigation measures to be incorporated as discrete
components of the OASP or as policies or development standards to be implemented through site-specific development
proposals. Appendix C of the OASP lists the required mitigation measures for projects.
The California Environmental Quality Act (CEQA) allows Lead Agencies (the City) to use the analysis of general matters
contained in a broader EIR, such as for a general or specific plan, with later environmental documents incorporating by
reference the general discussions from the broader EIR, and concentrating the initial study discussion solely on the issues
specific to the later project. The environmental assessment approach is referred to as “tiering”.
The environmental analyses above for VTM #3083 takes into account the environmental conclusions of the prior EIR as they
are applicable to the proposed site-specific project. As such, mitigation measures adopted in the prior EIR that are applicable
to the subject site-specific project, and therefore must be incorporated into the proposed project to effectively mitigate the
prior identified impacts, are listed below. Many of the applicable mitigation measures required by provisions of the OASP
have been incorporated by the applicant into the actual project subdivision design, making the project “self -mitigating” in
these instances.
The Orcutt Area Specific Plan and Final Program EIR is available for review at the City of San Luis Obispo Community
Development Department, 919 Palm Street, San Luis Obispo, CA 93401 and is also on the City’s website.
b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately
analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by
mitigation measures based on the earlier analysis.
c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation
measures which were incorporated or refined from the earlier document and the extent to which they address site -specific
conditions of the project.
Project-Specific Mitigation Measures:
AES-VTM3083-1 Lighting and Glare. Final Design Review by ARC shall include specific
lighting and glare reduction/elimination techniques included with the lighting plans for the project,
consistent with OASP Program 4.43a.
AES-VTM3083-1 Monitoring Program: Community Development Department staff will
insure ARC and staff level application of these standards during any final design review and
building permit submittals.
AQ-VTM3083-2 Solar Conduits. Final building construction plans will include needed conduits
required for each residential unit for installing a roof-mounted solar system, at the option of each
owner.
1.e
Packet Pg. 132 Attachment: e - Initial Study/Mitigated Negative Declaration (1327 : West Creek Subdivision)
Issues, Discussion and Supporting Information Sources
ER # 224-14 (VTM 3083; West Creek)
Sources Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010 28
AQ-VTM3083-2 Monitoring Program: Community Development Department staff will
insure ARC and staff level approvals include the installation of solar conduits in the
buildings during any final design review and building permit submittals.
AQ-VTM3083-3 Naturally-occurring Asbestos. If excavation into the Franciscan Melange rock
units is planned, and serpentinite is encountered, work in the vicinity of the find will be temporarily
halted and the materials will be tested to determine if asbestos is present. If asbestos is found to be
present, an appropriate mitigation plan will be developed by the Project Soils Engineer-Geologist,
and submitted to the City Engineer for approval before work in such area(s) may recommence.
AQ-VTM3083-1 Monitoring Program: Final tract improvement plans shall include a
protocol for ceasing work and conducting required testing in the event serpentinite rock
units are encountered during site grading and/or utility construction. Any mitigation plan
shall be subject to City Engineer approval.
BIO-VTM3083-1 Tree Retention/Removal. Final Design Review by ARC shall include
recommendations from the City Arborist for tree retention and removal, and will define a final land
plan with grading and housing placement to address the tree removal and retention options. To the
extent this mitigation measure reduces density or alters site plans, those changes will be evaluated
for major or minor modifications to the approved VTM.
BIO-VTM3083-1 Monitoring Program: City Arborist will insure ARC and staff level
application of these standards during any final design review submittals. Should changes to
the subdivision design become necessary, these changes will be implemented prior to
recordation of any final map.
BIO-VTM3083-1 Nesting Bird Surveys. If vegetation clearing, grading or demolition of any
existing structures is to occur during the nesting bird season (February 15 to September 15), the
applicant should retain a qualified biologist to conduct a nesting bird survey. If active bird nests are
detected the following measures should be implemented:
a. The project should be modified or delayed as necessary to avoid direct take of bird species
protected under the MBTA;
b. A qualified biologist should establish an appropriate buffer zone around active nest sites.
Construction activities in the established buffer zone should be prohibited until the young
have fledged the nest and achieved independence; and,
c. The qualified biologist should document all active nests and submit a letter-report to the
County, USFWS, and CDFW, documenting project compliance with the MBTA and
applicable project mitigation measures.
BIO-VTM3083-2 Roosting Bat Survey. If demolition of any existing buildings or structures is to
occur, a qualified biologist should survey structure(s) to determine the presence/absence of roosting
bats within the existing structures. Should no roosting bats be present, exclusionary measures shall
be implemented to preclude roosting prior to demolition. If active roosting is identified, the project
1.e
Packet Pg. 133 Attachment: e - Initial Study/Mitigated Negative Declaration (1327 : West Creek Subdivision)
Issues, Discussion and Supporting Information Sources
ER # 224-14 (VTM 3083; West Creek)
Sources Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010 29
should be delayed until the biologist can confirm that the roosting bats have evacuated the
structures on their own accord.
BIO-VTM3083-1 and 2 Monitoring Program: Natural Resources Manager and
Community Development Department staff will insure mitigation measures will be
reviewed prior to approval of tract grading plans and ultimately shown on improvement
plans and construction drawings.
CR-VTM3083-1 Photo Documentation. Prior to development, a qualified historian shall be
retained to conduct a photo documentation of the 50+ year old structures within the West Creek
VTM#3083 project using the City’s Historic Preservation Program Guidelines.
CR-VTM3083-1 Monitoring Program: Community Development Department staff will
insure mitigation measures are completed prior to approval of tract grading construction
drawings.
T-VTM3083-1 Orcutt Road & Street A: Provide roundabout control.
T-VTM3083-1 Monitoring Program: Compliance will be reviewed with the subdivision
plans and ultimately shown on improvement plans and construction drawings.
T-VTM3083-2 South Eastern Intersection: Provide “Knuckle” curve with driveway approach for
access to the east.
T-VTM3083-2 Monitoring Program: Compliance will be reviewed with the subdivision
plans and ultimately shown on improvement plans and construction drawings.
USS-VTM3083-1 Off-site Water Main Line Extensions to the OASP to Meet Fire Flow and
Storage Standards. Concurrent with applications for Final Map(s), the applicant shall submit a
water supply plan to meet adequate fire flow standards for all lots within each Final Map.
Implementation of such a water line extension plan shall be included as a part of public
improvement plans for the subdivision, and approved by Utilities, Public Works and the City
Engineer. This implementation plan may include a financing plan, including reimbursement
provisions, approved by the City Council at the time of considering any Final Map. Required water
main line extension(s) to the subdivision shall be completed and operational to the satisfaction of
the Utilities Director, prior to occupancy of any of the residential uses.
USS-VTM3083-1 Monitoring Program: Compliance will be reviewed with the
subdivision plans and ultimately shown on improvement plans and construction drawings.
USS-VTM3083-2 Off-site Sewer Line Replacements. Concurrent with applications for Final
Map(s), the applicant shall submit a plan to replace the existing 10-inch sewer line crossing the
Union Pacific railroad tracks from Bullock Lane to Capitolio (approximately 268 feet).
Implementation of such a sewerline replacement shall be included as a part of public improvement
1.e
Packet Pg. 134 Attachment: e - Initial Study/Mitigated Negative Declaration (1327 : West Creek Subdivision)
Issues, Discussion and Supporting Information Sources
ER # 224-14 (VTM 3083; West Creek)
Sources Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010 30
plans for the subdivision, and approved by Utilities, Public Works and the City Engineer. This
implementation plan may include a financing plan, including reimbursement provisions, approved
by the City Council at the time of considering any Final Map. Required sewer line replacement
shall be completed and operational to the satisfaction of the Utilities Director, prior to occupancy of
any of the residential uses.
USS-VTM3083-2 Monitoring Program: Compliance will be reviewed with the
subdivision plans and ultimately shown on improvement plans and construction drawings.
USS-VTM3083-3 Off-site Recycled Water Main Line Extension. Concurrent with applications
for Final Map(s), the applicant shall submit a recycled water supply plan to meet the project’s
landscape irrigation needs for all approved uses. Implementation of the recycled water line
extension plan shall be included as a part of public improvement plans for the subdivision, and
approved by Utilities, Public Works and the City Engineer. This implementation plan may include a
financing plan, including reimbursement provisions, approved by the City Council at the time of
considering any Final Map. The required recycled water main line extension to the subdivision shall
be completed and operational to the satisfaction of the Utilities Director for landscape irrigation.
USS-VTM3083-3 Monitoring Program: Compliance will be reviewed with the
subdivision plans and ultimately shown on improvement plans and construction drawings.
OASP FEIR REQUIRED MITIGATION AND MONITORING PROGRAMS
AIR QUALITY MITIGATION
Operational Phase Mitigation
AQ-1(a) Energy Efficiency. The building energy efficiency rating shall be 10% above what is required
by Title 24 requirements for all buildings within the Specific Plan Area. The following energy-
conserving techniques shall be incorporated unless the applicant demonstrates their infeasibility
to the satisfaction of City Planning and Building Department staff: increase walls and attic
insulation beyond Title 24 requirements; orient buildings to maximize natural heating and
cooling; plant shade trees along southern exposures of buildings to reduce summer cooling
needs; use roof material with a solar reflectance value meeting the Environmental Protection
Agency/Department of Energy Energy Star rating; build in energy efficient appliances; use low
energy street lighting and traffic signals; use energy efficient interior lighting; use solar water
heaters; and use double-paned windows.
AQ-1(b) Transit. Bus turnouts and shelter improvements with direct pedestrian access shall be installed
at all bus stops.
AQ-1(c) Shade Trees. All parking lots shall include shade trees within the parking area. There shall be
at least one shade tree for every six vehicle parking spaces.
AQ-1(d) Telecommuting. All new homes within the Specific Plan area shall be constructed with internal
1.e
Packet Pg. 135 Attachment: e - Initial Study/Mitigated Negative Declaration (1327 : West Creek Subdivision)
Issues, Discussion and Supporting Information Sources
ER # 224-14 (VTM 3083; West Creek)
Sources Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010 31
wiring/cabling that allows telecommuting, teleconferencing, and tele-learning to occur
simultaneously in at least three locations in each home.
AQ-1(e) Pathways. Where feasible, all cul-de-sacs and dead-end streets shall be links by pathways to
encourage pedestrian and bicycle travel.
Monitoring Program:
Compliance with operational phase mitigation measures will be reviewed with the subdivision plans and
accompanying architectural review plans and ultimately shown on improvement plans and construction
drawings.
Construction Phase Mitigation
AQ-3(a) Application of CBACT (Best Available Control Technology for construction related
equipment). The following measures shall be implemented to reduce combustion emissions
from construction equipment where a project will have an area of disturbance greater than 1
acre.
Specific Plan applicants shall submit for review by the Community Development
Department and Air Pollution Control District (APCD) staff a grading plan showing the area
to be disturbed and a description of construction equipment that will be used and pollution
reduction measures that will be implemented. Upon confirmation by the Community
Development Department and APCD, appropriate CBACT features shall be applied. The
application of these features shall occur prior to Specific Plan construction.
Specific Plan applicants shall be required to ensure that all construction equipment and
portable engines are properly maintained and tuned according to manufacturer's
specifications.
Specific Plan applicants shall be required to ensure that off-road and portable diesel
powered equipment, including but not limited to bulldozers, graders, cranes, loaders,
scrapers, backhoes, generator sets, compressors, auxiliary power units, shall be fueled
exclusively with CARB motor vehicle diesel fuel (non-taxed off-road diesel is acceptable).
Specific Plan applicants shall be required to install a diesel oxidation catalyst on each of the
two pieces of equipment projected to generate the greatest emissions. Installations must be
prepared according to manufacturer's specifications.
AQ-3(b) Dust Control. The following measures shall be implemented to reduce PM10 emissions during
all Specific Plan construction:
Reduce the amount of the disturbed area where possible.
Use water trucks or sprinkler systems in sufficient quantities to prevent airborne dust
from leaving the site. Water shall be applied as soon as possible whenever wind speeds
exceed 15 miles per hour. Reclaimed (nonpotable) water should be used whenever
possible.
All dirt-stock-pile areas shall be sprayed daily as needed.
Permanent dust control measures shall be identified in the approved Specific Plan
revegetation and landscape plans and 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 shall be sown with a fast-germinating native grass seed and watered until
1.e
Packet Pg. 136 Attachment: e - Initial Study/Mitigated Negative Declaration (1327 : West Creek Subdivision)
Issues, Discussion and Supporting Information Sources
ER # 224-14 (VTM 3083; West Creek)
Sources Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010 32
vegetation is established.
All disturbed soil areas not subject to revegetation shall 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 shall be completed as soon as
possible. In addition, building pads shall 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.
All trucks hauling dirt, sand, soil or other loose materials shall be covered or shall maintain
at least two feet of freeboard (minimum vertical distance between top of load and top of
trailer) in accordance with CVC Section 23114.
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 with reclaimed water shall be used where feasible.
AQ-3(c) Cover Stockpiled Soils. If importation, exportation, or stockpiling of fill material is involved,
soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders
to prevent dust generation. Trucks transporting material shall be tarped from the point of
origin.
AQ-3(d) Dust Control Monitor. On all projects with an area of disturbance greater than 1 acre, the
contractor or builder shall designate a person or persons to monitor the dust control program and
to order increased watering as necessary to prevent transport of dust off-site. Their duties shall
include holiday and weekend periods when work may not be in progress.
Monitoring Program:
These conditions shall be noted on all project grading and building plans. The applicant will also be
required to secure necessary permits from the Air Pollution Control Board (APCD) before the onset of
grading or demolition activities including, but not limited to additional dust control measures, evaluation for
Naturally Occurring Asbestos. The applicant shall present evidence of a plan for complying with these
requirements prior to issuance of a grading or building permit from the City. The applicant shall provide
the City with the name and telephone number of the person responsible for ensuring compliance with these
requirements. The Building Inspector and Public Works Inspectors shall conduct field monitoring.
BIOLOGICAL RESOURCES MITIGATION
BIO-1 If vegetation clearing, grading or demolition of any existing structures is to occur during
the nesting bird season (February 15 to September 15), the applicant should retain a
qualified biologist to conduct a nesting bird survey. If active bird nests are detected the
following measures should be implemented:
a. The project should be modified or delayed as necessary to avoid direct take of bird
species protected under the MBTA;
b. A qualified biologist should establish an appropriate buffer zone around active nest
sites. Construction activities in the established buffer zone should be prohibited until
the young have fledged the nest and achieved independence; and,
1.e
Packet Pg. 137 Attachment: e - Initial Study/Mitigated Negative Declaration (1327 : West Creek Subdivision)
Issues, Discussion and Supporting Information Sources
ER # 224-14 (VTM 3083; West Creek)
Sources Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010 33
c. The qualified biologist should document all active nests and submit a letter-report to
the County, USFWS, and CDFW, documenting project compliance with the MBTA
and applicable project mitigation measures.
BIO-2 If demolition of any existing buildings or structures is to occur, a qualified biologist
should survey structure(s) to determine the presence/absence of roosting bats within the
existing structures. Should no roosting bats be present, exclusionary measures shall be
implemented to preclude roosting prior to demolition. If active roosting is identified, the
project should be delayed until the biologist can confirm that the roosting bats have
evacuated the structures on their own accord.
Trees (OASP)
BIO-3(a) Construction Requirements. Development under the Specific Plan shall abide by the
requirements of the City Arborist for construction. Requirements shall include but not
be limited to: the protection of trees with construction setbacks from trees; construction
fencing around trees; grading limits around the base of trees as required; and a
replacement plan for trees removed including replacement at a minimum 1:1 ratio.
Riparian Woodland and Wetland Habitat (OASP)
B-4(a) Trail Setbacks. Trails shall be setback out of riparian habitat and out of the buffer area.
The trail shall be a minimum distance of 20 feet from top of bank or from the edge of
riparian canopy, whichever is farther. Trails shall be setback from wetland habitat at a
minimum distance of 30 feet and shall not be within the buffer. Native plant species that
will deter human disturbance shall be planted in the area between the trail and the
wetland/riparian habitat including plants such as California rose (Rosa californica) and
California blackberry (Rubus ursinus). No passive recreational use shall be allowed in
the riparian or wetland habitats or drainage corridors.
B-4(b) Development Setbacks. Development that abuts riparian and wetland mitigation areas
shall also be setback at least 20 feet, and be buffered by an appropriately-sized fence
and/or plants that deter human entry listed in B-4(a).
B-4(c) Riparian/ Wetland Mitigation. If riparian and/or wetland habitat are proposed for
removal pursuant to development under the Specific Plan, such development shall apply
for all applicable permits and submit a Mitigation Plan for areas of disturbance to
wetlands and/or riparian habitat. The plan shall be prepared by a biologist familiar with
restoration and mitigation techniques. Compensatory mitigation shall occur on-site using
regionally collected native plant material at a minimum ratio of 2:1 (habitat created to
habitat impacted) in areas shown on Figure 4.4-2 as directed by a biologist.
The resource agencies may require a higher mitigation ratio. If the Orcutt Regional
Basin is necessary as a mitigation site for waters of the U.S. and State it shall be
designed as directed by a biologist taking into consideration hydrology, soils, and
1.e
Packet Pg. 138 Attachment: e - Initial Study/Mitigated Negative Declaration (1327 : West Creek Subdivision)
Issues, Discussion and Supporting Information Sources
ER # 224-14 (VTM 3083; West Creek)
Sources Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010 34
erosion control and using the final mitigation guidelines and monitoring requirements
(U.S. Army Corps of Engineers,2004). As noted above, the trail shall be setback out of
the buffer area for riparian and wetland habitat.
Impacts to Wildlife (OASP)
B-5(e) FESA Consultation and Mitigation Regarding VPFS. If any VPFS individuals are
located onsite, substantial setbacks from their identified habitat shall be implemented to
avoid take of a Federally-listed species. If complete avoidance is not economically or
technically feasible, then Section 10 of the Federal Endangered Species Act (FESA)
shall be used to authorize incidental take when no other Federal agency such as the
Corps is involved. This process includes development of a Habitat Conservation Plan
for protecting and enhancing the Federally-listed species at a specific location in
perpetuity. Species take can also be authorized under Section 7 of the FESA if a
Federal agency is involved in the project (e.g., Corps Section 404 permitting for
impacts to waters of the U.S. and/or Federal funding) and agrees to be the lead agency
requesting Section 7 consultation. The compensatory mitigation ratio shall be
determined by the appropriate resource agencies. Suitable replacement habitat shall be
constructed either within the site boundaries or offsite.
B-6(a) Minimized Roadway Widths. Roadway widths adjacent to riparian and wetland
habitats shall be reduced to the minimum width possible, while maintaining Fire
Department Requirements for emergency access, with slower speed limits introduced.
Posted speed limits should be 25 mph.
B-6(b) Culvert Design. Although closed culverts are to be the drainage conveyance method of
last resort per the City Waterways Management Plan, where they are required, culverts
connecting the Plan Area drainage corridors with upstream and downstream drainage
corridors shall be evaluated during the suitability analysis pursuant to Mitigation
Measure B-5(e) to determine their importance to wildlife who could use them to travel
to and from the site. If culverts are found to be of importance to wildlife, the culverts
shall be evaluated for their potential for improvement (i.e. retrofitting, maintenance, or
specific improvements depending on the types of species using them). The development
pursuant to the Specific Plan and the City shall develop a plan for the improvement of
the culverts. Preservation of the wildlife corridors that are present on the project site can
be achieved with sufficient setbacks from riparian and wetland habitats. Refer to B-4 for
mitigation regarding riparian and wetland habitat setbacks.
B-6(c) Educational Pet Brochure. Any development pursuant to the Specific Plan shall
prepare a brochure that informs prospective homebuyers and Home Owners Association
(HOA) members about the impacts associated with non- native animals, especially cats
and dogs, to the project site; similarly, the brochure must inform potential homebuyers
and all HOA members of the potential for coyotes to prey on domestic animals.
1.e
Packet Pg. 139 Attachment: e - Initial Study/Mitigated Negative Declaration (1327 : West Creek Subdivision)
Issues, Discussion and Supporting Information Sources
ER # 224-14 (VTM 3083; West Creek)
Sources Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010 35
B-6(d) Landscaping Plan Review. To ensure that project landscaping does not introduce
invasive non-native plant and tree species to the region of the site, the final landscaping
plan shall be reviewed and approved by a qualified biologist. The California Invasive
Plant Council (Cal-IPC) maintains several lists of the most important invasive plants to
avoid. The lists shall be used when creating a plant palette for landscaping to ensure that
plants on the lists are not used. The following plants shall not be allowed as part of
potential landscaping plans pursuant to development under the Specific Plan:
• African sumac (Rhus lancea)
• Australian saltbush (Atriplex semibaccata)
• Black locust (Robinia pseudoacacia)
• California pepper (Schinus molle) and Brazilian pepper (S. terebinthifolius)
• Cape weed (Arctotheca calendula)
• Cotoneaster (Cotoneaster pannosus), (C. lacteus)
• Edible fig (Ficus carica)
• Fountain grass (Pennisetum setaceum)
• French broom (Genista monspessulana)
• Ice plant, sea fig (Carpobrotus edulis)
• Leafy spurge (Euphorbia esula)
• Myoporum (Myoporum spp.)
• Olive (Olea europaea)
• Pampas grass (Cortaderia selloana), and Andean pampas grass (C. jubata)
• Russian olive (Elaeagnus angusticifolia)
• Scotch broom (Cytisus scoparius) and striated broom (C. striatus)
• Spanish broom (Spartium junceum)
• Tamarix, salt cedar (Tamarix chinensis), (T. gallica), (T. parviflora), (T.
ramosissima)
• Blue gum (Eucalyptus globulus)
• Athel tamarisk (Tamarix aphylla)
Monitoring Program:
Compliance with mitigation measures will be reviewed with landscaping plan s as part of the architectural
review submittal and ultimately shown on improvement plans and construction drawings.
CULTURAL RESOURCES MITIGATION
CR-1(d) Archaeological Resource Construction Monitoring. At the commencement of project
construction, an orientation meeting shall be conducted by an archaeologist for construction
workers associated with earth disturbing procedures. The orientation meeting shall describe the
possibility of exposing unexpected archaeological resources and directions as to what steps are
to be taken if such a find is encountered. The City should consider retaining a Chumash
representative to monitor any field work associated with Native American cultural material.
If human remains are exposed, State Health and Safety Code Section 7050.5 requires that no
further disturbance shall occur until the County Coroner has made the necessary findings as to
1.e
Packet Pg. 140 Attachment: e - Initial Study/Mitigated Negative Declaration (1327 : West Creek Subdivision)
Issues, Discussion and Supporting Information Sources
ER # 224-14 (VTM 3083; West Creek)
Sources Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010 36
origin and disposition pursuant to Public Resources Code Section 5097.98.
CR-4(a) Historical Evaluation. Prior to development, a qualified historian should be retained to
conduct a historical evaluation of the 50+ year old structures within the Orcutt Area
using the City’s Historic Preservation Program Guidelines. Any structure determined to
be an important/ significant historic resource shall be mitigated as appropriate prior to
its demolition or relocation.
Monitoring Program:
Requirements for cultural resource mitigation shall be clearly noted on all plans for project grading
and construction.
DRAINAGE AND WATER QUALITY MITIGATION
D-2(a) Vegetative and Biotechnical Approaches to Bank Stabilization. Vegetative or
biotechnical (also referred to as soil bioengineering) approaches to bank stabilization
are preferred over structural approaches. Bank stabilization design must be consistent
with the SLO Creek Stream Management and Maintenance Program Section 6.
Streambank stabilization usually involves one or a combination of the following
activities:
Regrading and revegetating the streambanks to eliminate overhanging banks and
create a more stable slope;
Deflecting erosional water flow away from vulnerable sites;
Reducing the steepness of the channel bed through installation of grade
stabilization structures;
Altering the geometry of the channel to influence flow velocities and sediment
deposition;
Diverting a portion of the higher flow into a secondary or by-pass channel;
Armoring or protecting the bank to control erosion, particularly at the toe of
slopes.
The bank stabilization design will:
Be stable over the long term;
Be the least environmentally damaging and the “softest” approach possible;
Not create upstream or downstream flooding or induce other local stream
instabilities;
Minimize impacts to aquatic and riparian habitat.
1.e
Packet Pg. 141 Attachment: e - Initial Study/Mitigated Negative Declaration (1327 : West Creek Subdivision)
37
D-2(c) Riparian Zone Planting. The OASP proposes riparian enhancement of creek
corridors. Section 11 guidelines of the SLO Creek Drainage Design Manual shall be
followed for riparian areas that are modified, created and/or managed for flood
damage reduction, stream enhancement, and bank repair. Linear park terrace vegetation,
streambank repair and channel maintenance projects may require stream channel
modifications that include shaping, widening, deepening, straightening, and armoring.
Many channel management projects also require building access roads for maintenance
vehicles and other equipment. These construction activities can cause a variety of impacts
to existing sensitive riparian and aquatic habitat that, depending on the selected design
alternative, range from slight disturbances to complete removal of desirable woody
vegetation and faunal communities. In urban areas within the SLO creek watershed, riparian
vegetation often provides the only remaining natural habitat available for wildlife
populations.
D-5(a) Biofilters. The applicant shall submit to the Director of Community Development for
review and approval a plan that incorporates grassed swales (biofilters) into the project
drainage system where feasible for runoff conveyance and filtering of pollutants.
D-5(c) Pervious Paving Material. Consistent with Land Use Element Policy 6.4.7, the applicant
shall be encouraged to use pervious paving material to facilitate rainwater percolation.
Parking lots and paved outdoor storage areas shall, where feasible, use pervious paving to
reduce surface water runoff and aid in groundwater recharge.
• D-2a, D-2c, D-5a, D-5c Monitoring Program:
Monitoring will include Natural Resources Department staff consultation and implementation at time
of landscaping construction plan review and Engineering-Public Works staff at the time of tract
construction.
NOISE MITIGATION
N-1(a) Compliance with City Noise Ordinance. Construction hours and noise levels shall be compliant
with the City Noise Ordinance [Municipal Code Chapter 9.12, Section 9.12.050(6)]. Methods to
reduce construction noise can include, but are not limited to, the following:
Equipment Shielding. Stationary construction equipment that generates noise can be shielded
with a barrier.
Diesel Equipment. All diesel equipment can be operated with closed engine doors and equipped
with factory-recommended mufflers.
Electrical Power. Whenever feasible, electrical power can be used to run air compressors and
similar power tools.
Sound Blankets. The use of sound blankets on noise generating equipment.
Monitoring Program:
Requirements for construction noise mitigation shall be clearly noted on all plans for project grading and
construction.
1.e
Packet Pg. 142 Attachment: e - Initial Study/Mitigated Negative Declaration (1327 : West Creek Subdivision)
38
20. SOURCE REFERENCES.
1. Orcutt Area Specific Plan (March 2010), and Final EIR (December 2009)
2. City of SLO Zoning Regulations (August 2012)
3. City of SLO Unified General Plan
4. 2010 California Building Code including City’s 2010 Construction Code Amendments
5. Soils Engineering Report prepared by Earth Systems Pacific dated 8-14-14.
6. City of SLO Climate Action Plan (August 2012)
7. Airport Land Use Plan amended May 2005
8. City Storm Drain Master Plan/Waterway Management Plan
9. Federal Emergency Management Agency (FEMA) Flood Hazard Boundary or Flood Insurance Rate Map (FIRM)
10. Drainage Report prepared by Cannon Associates dated 7-13-15
11. Stormwater Control Plan for Post Construction Requirements
12. Section 65955 of the Government Code (State school fees)
13. West Creek Development Traffic Design & Conceptual Design Evaluation prepared by Omni-Means dated August
2015.
14. CAP compliance checklist for project
15. Biological Resources Assessment (BRA) by SWCA Environmental Consultants dated June 25, 2015 .
16. Preliminary Photo evaluation of on-site residence (P. Dunsmore email 9-15-2015).
17. San Luis Obispo Water Master Plan (2015)
18. 3-14-2016 Transportation Demand Management Program
1.e
Packet Pg. 143 Attachment: e - Initial Study/Mitigated Negative Declaration (1327 : West Creek Subdivision)
1.f
Packet Pg. 144 Attachment: f - Planning Commission Resolution No. 1005-16 Recommending Approval (1327 : West Creek Subdivision)
1.f
Packet Pg. 145 Attachment: f - Planning Commission Resolution No. 1005-16 Recommending Approval (1327 : West Creek Subdivision)
1.f
Packet Pg. 146 Attachment: f - Planning Commission Resolution No. 1005-16 Recommending Approval (1327 : West Creek Subdivision)
1.f
Packet Pg. 147 Attachment: f - Planning Commission Resolution No. 1005-16 Recommending Approval (1327 : West Creek Subdivision)
1.f
Packet Pg. 148 Attachment: f - Planning Commission Resolution No. 1005-16 Recommending Approval (1327 : West Creek Subdivision)
1.f
Packet Pg. 149 Attachment: f - Planning Commission Resolution No. 1005-16 Recommending Approval (1327 : West Creek Subdivision)
1.f
Packet Pg. 150 Attachment: f - Planning Commission Resolution No. 1005-16 Recommending Approval (1327 : West Creek Subdivision)
1.f
Packet Pg. 151 Attachment: f - Planning Commission Resolution No. 1005-16 Recommending Approval (1327 : West Creek Subdivision)
1.f
Packet Pg. 152 Attachment: f - Planning Commission Resolution No. 1005-16 Recommending Approval (1327 : West Creek Subdivision)
1.f
Packet Pg. 153 Attachment: f - Planning Commission Resolution No. 1005-16 Recommending Approval (1327 : West Creek Subdivision)
1.f
Packet Pg. 154 Attachment: f - Planning Commission Resolution No. 1005-16 Recommending Approval (1327 : West Creek Subdivision)
1.f
Packet Pg. 155 Attachment: f - Planning Commission Resolution No. 1005-16 Recommending Approval (1327 : West Creek Subdivision)
1.f
Packet Pg. 156 Attachment: f - Planning Commission Resolution No. 1005-16 Recommending Approval (1327 : West Creek Subdivision)
1.f
Packet Pg. 157 Attachment: f - Planning Commission Resolution No. 1005-16 Recommending Approval (1327 : West Creek Subdivision)
1.f
Packet Pg. 158 Attachment: f - Planning Commission Resolution No. 1005-16 Recommending Approval (1327 : West Creek Subdivision)
1.f
Packet Pg. 159 Attachment: f - Planning Commission Resolution No. 1005-16 Recommending Approval (1327 : West Creek Subdivision)
1.f
Packet Pg. 160 Attachment: f - Planning Commission Resolution No. 1005-16 Recommending Approval (1327 : West Creek Subdivision)
1.f
Packet Pg. 161 Attachment: f - Planning Commission Resolution No. 1005-16 Recommending Approval (1327 : West Creek Subdivision)
1.f
Packet Pg. 162 Attachment: f - Planning Commission Resolution No. 1005-16 Recommending Approval (1327 : West Creek Subdivision)
1.f
Packet Pg. 163 Attachment: f - Planning Commission Resolution No. 1005-16 Recommending Approval (1327 : West Creek Subdivision)
1.f
Packet Pg. 164 Attachment: f - Planning Commission Resolution No. 1005-16 Recommending Approval (1327 : West Creek Subdivision)
1.f
Packet Pg. 165 Attachment: f - Planning Commission Resolution No. 1005-16 Recommending Approval (1327 : West Creek Subdivision)
1.f
Packet Pg. 166 Attachment: f - Planning Commission Resolution No. 1005-16 Recommending Approval (1327 : West Creek Subdivision)
1.f
Packet Pg. 167 Attachment: f - Planning Commission Resolution No. 1005-16 Recommending Approval (1327 : West Creek Subdivision)
1.f
Packet Pg. 168 Attachment: f - Planning Commission Resolution No. 1005-16 Recommending Approval (1327 : West Creek Subdivision)
1.f
Packet Pg. 169 Attachment: f - Planning Commission Resolution No. 1005-16 Recommending Approval (1327 : West Creek Subdivision)
1.f
Packet Pg. 170 Attachment: f - Planning Commission Resolution No. 1005-16 Recommending Approval (1327 : West Creek Subdivision)
1.f
Packet Pg. 171 Attachment: f - Planning Commission Resolution No. 1005-16 Recommending Approval (1327 : West Creek Subdivision)
1.f
Packet Pg. 172 Attachment: f - Planning Commission Resolution No. 1005-16 Recommending Approval (1327 : West Creek Subdivision)
1.f
Packet Pg. 173 Attachment: f - Planning Commission Resolution No. 1005-16 Recommending Approval (1327 : West Creek Subdivision)
1.f
Packet Pg. 174 Attachment: f - Planning Commission Resolution No. 1005-16 Recommending Approval (1327 : West Creek Subdivision)
1.f
Packet Pg. 175 Attachment: f - Planning Commission Resolution No. 1005-16 Recommending Approval (1327 : West Creek Subdivision)
1.f
Packet Pg. 176 Attachment: f - Planning Commission Resolution No. 1005-16 Recommending Approval (1327 : West Creek Subdivision)
1.f
Packet Pg. 177 Attachment: f - Planning Commission Resolution No. 1005-16 Recommending Approval (1327 : West Creek Subdivision)
1.f
Packet Pg. 178 Attachment: f - Planning Commission Resolution No. 1005-16 Recommending Approval (1327 : West Creek Subdivision)
1.f
Packet Pg. 179 Attachment: f - Planning Commission Resolution No. 1005-16 Recommending Approval (1327 : West Creek Subdivision)
1.g
Packet Pg. 180 Attachment: g - Planning Commission Staff Report (and Errata) from 4-13-2016 (1327 : West Creek Subdivision)
West Creek VTM 3083
Planning Commission Errata – April 13, 2016
Page 2
Errata 7 Bottom of Page PC1-13 Substitute 1st paragraph of 5.4 Pedestrian and Bike Paths as follows:
Class II bike lanes along A Street and the Orcutt Road frontage of the project are provided as
called for at this site per Figure 5.1 of the OASP Circulation Plan.”
Errata 9 Middle of Page PC1-15 Substitute the following bullets under 5.6 Drainage as follows:
The drainage system includes the following key features:
Bio-retention areas are proposed throughout the site, including the creek bank, for
localized storm water treatment.
Two detention basins are proposed for storm water collection on the southwest side of A
Street.
Parkway areas are utilized for storm water treatment.”
Errata 10 Bottom of Page PC1-17 Under 6.0 Conclusion, substitute #5 as follows:
5. Community amenities including parks, trails and a bus turnout/stop.”
Planning Commission Resolution
Errata 11 Resolution Title (Page 1) – Correct number of lots from 181 to 77. Correct second reference to
Tract to read Tract # 3083.
Errata 12 Aesthetic Mitigation AES-3 (Page 2) – Eliminate mitigation measure and monitoring program
as not applicable to West Creek project.
Errata 13 Revise Section 2 (Page 14) in its entirety as follows:
Section 2. Vesting Tract Map Approval with Findings & Conditions. The Planning
Commission does hereby recommend approval to the City Council of application SBDV-1769-2015 / ER
224-14 (VTM#3083, “West Creek”), a tentative tract map to create up to 77 lots comprising 67 single
family residential lots, 1 multi-family condominium lot for 105 residential units, and eight parks and open
space lots, and 1 lot for future street extension based on the following findings, and subject to the
following conditions being incorporated into the project :”
Errata 14 Condition 40 (Page 21) – Change last sentence to reference R-4 & R-2 neighborhoods.
Errata 15 Condition 42 (Page 22) – Delete last sentence.
Errata 16 Condition 45 (Page 22) - Change first sentence to reference R-4 & R-2 neighborhoods.
Errata 17 Condition 77 (Page 26) – Change “irridate” to “eradicate”.
Errata 18 Condition 84 (Page 27) – Last sentence – is meant to include reference to “… run-off …”
Errata 19 Condition 87 (Page 27) – Delete 2nd sentence referring to Islay Hill basin.
Errata 20 Add signature block to PC Resolution (Page 33)
1.g
Packet Pg. 181 Attachment: g - Planning Commission Staff Report (and Errata) from 4-13-2016 (1327 : West Creek Subdivision)
PLANNING COMMISSION AGENDA REPORT
SUBJECT: Review of a Vesting Tentative Map (Tract 3083; “West Creek”) to create 79 lots, and
consideration of a CEQA Initial Study-Mitigated Negative Declaration environmental
determination.
PROJECT ADDRESS: 1299 Orcutt Road BY: Dave Watson, Contract Planner
Phone Number: 704-8728
E-mail: dave@watsonplanning.us
FILE NUMBER: TR/ER 224-14 FROM: Doug Davidson, Deputy Director DD
RECOMMENDATION: Conduct a public hearing and adopt the Draft Resolution (Attachment
1), which recommends approval of the project to the City Council, based on findings and subject to
environmental Mitigation Measures (MM) and Conditions of Approval (COAs).
SITE DATA
Applicant Robbins|Reed
Representative Randy Russom, RRM Design Group
Zoning R-2-SP (Medium Density
Residential, Specific Plan) &
R-4-SP (High Density Residential,
Specific Plan)
General Plan Medium-Density Residential
High-Density Residential
Site Area 18.3 acres
Environmental
Status
An initial study of environmental
impact has been prepared with a
recommendation for a Mitigated
Negative Declaration.
SUMMARY
The applicant is proposing to develop an 18.3-acre site in the Orcutt Area Specific Plan (OASP)
with a residential development that provides for a variety of housing types and neighborhood
amenities. A total of 172 individual residential units are proposed including 67 single-family
homes, and 105 condominiums. The submitted Vesting Tentative Map (VTM) #3083 includes a
total of 79 lots consisting of:
1) 67 individual lots for all of the single -family product types (Lots 1-67),
2) 1 lot for the 105 multiple family units (Lot 74),
3) 2 lots for the creek corridor (Lots 77 & 78)
Meeting Date: April 13, 2016
Item Number: _____
1.g
Packet Pg. 182 Attachment: g - Planning Commission Staff Report (and Errata) from 4-13-2016 (1327 : West Creek Subdivision)
ER/TR 224-14 (1299 Orcutt Road) – Planning Commission 4-13-2016
Page 2
4) 8 lots for parks and open spaces (Lots 68-72, 73, 75 & 76), and
5) 1 lot for the future extension of A Street (Lot 79).
This is the 4th development proposal to move forward through the City review process since the
Orcutt Area was annexed to the City on November 16, 2011 (Taylor-Wingate 2013; Righetti Ranch
2015, Jones Ranch 2015). Attachment 2 is a Vicinity Map of the OASP neighborhood that
highlights the active projects in the area. The applicant’s “Project Description” is included as
Attachment 3 for additional reference.
The project has gone to the Architectural Review Commission (ARC) for conceptual review at two
different meetings: December 1, 2014, and October 19, 2015. The initial ARC discussion focused
on grading, pedestrian linkages, parking, and architectural styles. The ARC asked to see the project
again before Planning Commission review of the VTM. At the October 19th meeting on the project
the ARC reviewed variations in site grading, review of additional re sidential design options,
discussed parking reductions and parklands configuration. The follow-up October 19th staff report
and minutes from the ARC meeting are attached (Attachment 4 ). After review of the VTM by the
Planning Commission and approval by the City Council, the project will return to the ARC for final
design approval.
The project has also been reviewed by the Parks & Recreation Commission (PRC) twice; on March
4, 2015 and November 4, 2015. The first meeting was an introduction to the project and parks plan.
The second meeting focused on the changes made to respond to initial meeting comments and to
evaluate a request for a partial fee adjustment on the provision of public parklands within the
OASP. Copies of these meeting minutes and the November 4th Staff Report are included for
reference (Attachment 5).
Both ARC and PRC comments and recommendations are included with the staff analysis, below.
1.0 COMMISSION’S PURVIEW
The applicant is requesting approval of VTM#3083 to create 79 lots which will enable the
individual sale of the single-family detached homes and condominium units. Approval of a vesting
tentative map confers a "vested right" to develop in substantial compliance with the ordinances,
policies and standards in effect when the application was determined complete per Chapter 16.34
(Vesting Tentative Map) of the City’s Municipal Code and Sections 65920, 66474.2 and 66498.1 of
the California Government Code.
The Commission, with their review of the VTM, will be examining the lot pattern, street-bicycle-
pedestrian networks, on- and off-site infrastructure, and density of the proposed project. The
Commission will also be reviewing the Initial S tudy of environmental impact , and the
corresponding analysis which recommends adoption of a Mitigated Negative Declaration and
documents the project’s consistency with the OASP and the 2010 Final OASP EIR prepared to
analyze the development under the Specific Plan.
The Planning Commission is being asked to provide a recommendation to the City Council, which
takes final action on tentative tract maps.
1.g
Packet Pg. 183 Attachment: g - Planning Commission Staff Report (and Errata) from 4-13-2016 (1327 : West Creek Subdivision)
ER/TR 224-14 (1299 Orcutt Road) – Planning Commission 4-13-2016
Page 3
2.0 SPECIFIC PLAN BACKGROUND
On March 2, 2010 the City Council certified the Final EIR for and approved the O rcutt Area
Specific Plan. This action by the City Council included approval of both text and map amendments
to the City’s General Plan, and rezoning the subject site to R -2-SP and R-3-SP (Medium-Density &
High-Density Residential with the Specific Plan Overlay). On November 16, 2011 the OASP area
was annexed into the City of San Luis Obispo.
The overall goals of the Specific Plan are to:
Develop a new residential neighborhood to meet the City’s housing needs.
Provide a variety of housing types and costs to meet the needs of renters and buyers with a
variety of income-levels, including affordable housing for residents with low and very-low
income levels.
Protect and enhance Righetti Hill, creek/wetland habitats, and visua l resources in open space
areas.
Provide a variety of park and recreational facilities for residents of the Orcutt Area.
Phase the proposed development so that public facilities are developed concurrently with
each new phase in a rational and cost effective fashion.
Encourage the use of bicycles and walking wit hin the Plan Area by incorporating
bicycle/pedestrian paths and lanes along the roads and through the parks and open space
areas.
Protect the new residents from railroad noise by including a buffer between the railroad and
the new residential areas. The buffer area will include a regional detention system consisting
of floodable terraces and will provide recreational opportunities with a landscaped
bicycle/pedestrian path system; and to i dentify a visual and noise setback for new residents
on Orcutt Road and Tank Farm Road by incorporating a landscape buffer with a pedestrian
path along these road frontages.
Provide goals and identify mitigation and related Environmental Impact Studies.
Some of the tenets of the OASP are to: integrate with existing surround ing development in terms of
use and scale, provide open space and parklands, protect sensitive natural resources, create a
pedestrian- and bicycle-friendly environment, and provide a new source of diversified housing
within the City of San Luis Obispo. The OASP sets the land use and development parameters for
future development and the tract maps set the infrastructure, circulation and lot patterns.
3.0 PROJECT INFORMATION
3.1 Site Information/Setting
The project site consists of about 18.3 acres, spanning two OASP designated parcels, the Mid-State
and Maddalena parcels. The combination of the two parcels into a single project allows for a more
complete design solution and efficient development pattern. There are several unique constraints
that must be addressed with development of the site, including 52 feet in grade change, two forks of
Orcutt Creek which pass through the site, a PG&E easement along the entire southern property line,
and OASP requirements to provide vehicle access to future neighboring developments to both the
east and south.
1.g
Packet Pg. 184 Attachment: g - Planning Commission Staff Report (and Errata) from 4-13-2016 (1327 : West Creek Subdivision)
ER/TR 224-14 (1299 Orcutt Road) – Planning Commission 4-13-2016
Page 4
Immediately to the east of the site are two R -2-SP zoned sites within the OASP that are currently
used for suburban residential and intermittent grazing purposes. To the southeast of the site is the
Taylor-Wingate development, which is also within the OASP and zoned R -2-SP and R-3-SP.
Properties to the north are zoned R-3 and R-1 and are developed with an assisted living facility and
single family homes. Properties immediately to the west are zoned R -2 and are developed with
mobile homes.
3.2 Project Description
The West Creek site will serve as the northern gateway to the rest of the OASP to the south, and has
been designed to incorporate attractive open spaces while accommodating the density antici pated by
the OASP. These open spaces will connect the OASP neighborhoods to the existing communities
and provide both passive and active recreational opportunities for those in the area through planned
enhancements and appropriate setbacks. Trails meanderi ng through these open spaces provide for
non-motorized, inter-neighborhood circulation, while promoting the active, outdoor recreational
opportunities encouraged by the OASP. (Reference Attachment 3 for applicant’s Project
Description).
The project proposes a total of 172 residential units (152.12 density units) on about 11 of the 18.29
acres. The units include a range of multi -generational housing sizes and styles within three general
housing product types, including:
1) Traditional detached single-family homes (23 - R-2);
2) Small-lot, single-family parkway homes (44 - R-2): and
3) Condominiums mix of studios & one-bedroom and two-bedroom units (total of 105 – R-4).
Figure 1 – Overall Project Site Plan
Condominium Units
(105)
Traditional SFRs
(23)
Parkway Homes
(44)
1.g
Packet Pg. 185 Attachment: g - Planning Commission Staff Report (and Errata) from 4-13-2016 (1327 : West Creek Subdivision)
ER/TR 224-14 (1299 Orcutt Road) – Planning Commission 4-13-2016
Page 5
The OASP anticipated a density of between 143-157 units on these sites, and when increased for
affordable housing units, is in substantial conformance to the anticipated density range at 172
proposed units. Also consistent with the OASP land use designations, areas generally north of the
East Fork of Orcutt Creek are developed with multi -family units at densities anticipated in the R -4
zone. Areas south of the creek are developed with small -lot single-family homes, appropriate for
their R-2 designation and with a variety of home options and styles provided for first -time
homebuyers and move-down buyers.
Within the single-family traditional product, the lot sizes range from 4,500 square feet to 7,239
square feet. The single-family traditional lots would serve multi-generational living through flexible
floor plan layouts, including optional attached secondary dwelling units.
With the parkway homes, the lot sizes range from 3,150 square feet to 4,736 square feet. To
facilitate neighborhood interaction and provide for communal play areas for children, grand
parkways have been incorporated in between portions of the single -family parkway lots with front
porches fronting onto and engaging with these spaces.
In addition to outdoor amenities within the single family portion of the site, a number of amenities
are associated directly with the multi -family condominiums, providing these occupants the
opportunity to engage with neighbors and enjoy the indoo r/outdoor lifestyle encouraged under the
OASP. A 1,950 square-foot clubhouse is proposed between Buildings C & F on the north side of the
riparian corridor for the condominiums. The clubhouse will provide usable indoor space for
different activities and events, as well as a bike service facility. Other amenities include tables and
BBQ facilities with views of the creek corridor.
In addition to the residential units, the project includes significant park and open space areas,
pedestrian and bicycle paths, and traffic calming features to promote the pedestrian friendly
environment envisioned by the OASP. Park and open spaces areas include the western extent of the
site and Orcutt Creek as it crosses the site from east to west which achieves multi -purpose/multi use
functions. These areas will provide for biological enhancement and drainage mitigation, play/turf
area, open space, seating areas, and opportunities for a community garden, thereby providing both
active and passive recreation amenities for the future residents of the subdivision a nd the overall
community as a whole. These areas would also be directly accessible to the existing mobile home
park residents to the west and homes to the north, which are currently considered underserved by
parks. In addition to the community park and ope n space areas, ample parkways are provided in the
southern portion of the project as neighborhood commons among the units.
4.0 PROJECT ANALYSIS (Environmental & Land Use)
4.1 Environmental Review
The OASP Final EIR contained numerous mitigation measures which are required to be brought
forward and incorporated into the tiered environmental assessment prepared f or site-specific
projects. An Initial Study of environmental impact was prepared for the proposed project to
document its consistency with the OASP and to identify the require d mitigation measures from the
EIR that applied to this development site , as well as any new site specific mitigation measures
deemed appropriate.
1.g
Packet Pg. 186 Attachment: g - Planning Commission Staff Report (and Errata) from 4-13-2016 (1327 : West Creek Subdivision)
ER/TR 224-14 (1299 Orcutt Road) – Planning Commission 4-13-2016
Page 6
On March 29, 2016, the Community Development Director reviewed the IS and determined that
with proposed mitigation measures that the project would not have a significant impact on the
environment and that a Mitigated Negative Declaration (MND) be prepared (Attachment 6). The
MND was sent to the State Clearinghouse; the required public review period began on April 1, 2016
and extends through May 1, 2016. At the time of distribution of this Report, the City has not
received any comments from other agencies or interested individuals during the public review
period thus far. Any comments received will be summarized for upcoming hearings.
Recommended Mitigation Measures include several that were/continue to be applicable from the
OASP EIR, as well as several project-specific MMs as suggested in Attachment 6. In brief, added
project-specific MMs include two additional mitigation measures recommended in the 2015 West
Creek Biological Resources Assessment related to the potential need for nesting bird surveys if
construction commences between February 15 to September 15 and roosting bat surveys with the
demolition of existing buildings. Other project-specific MMs included in Attachment 6, and
highlighted here, include:
lighting and glare mitigation,
construction of solar conduits in all residential units (in order to afford future owners the
option of installing improvements),
photo documentation of the residence on site to be demolished as part of the project,
roundabout control at the Orcutt Road and “A” Street intersectio n with “Knuckle” curve
driveway for the south eastern intersection approach, and
off-site water, wastewater and recycled water infrastructure necessary to serve the proposed
project.
4.2 Density
Figure 13 of the OASP shows that most of the western part of the site has been designated as R -4,
High-Density Residential, and that the eastern portion of the site is designated as R -2, Medium -
Density Residential. OASP Section 9.3 notes that the boundaries between designated land uses may
need to be adjusted through the subdivision map review to reflect the lot pattern in the development.
In the case of the subject project, the boundary between R-2 and R-4 housing products is shown on
the VTM and has been adjusted to use the creek corridor with its Open Space zoning as the border
between the two land uses. This resulted when combining the two properties into a single project,
allowing for the adjustment to contain the sa me proportional amounts of each land use category.
OASP Policy 3.2.7 states that “Medium-density residential should provide a similar sense of
neighborhood cohesion as the low-density, but in a more compact arrangement.” Consistent with
this guidance, the proposed parkway and traditional single -family homes create a cohesive
neighborhood with pedestrian linkages, shared open spaces, and smaller lot sizes.
The 11-acre residential project sites include about 7.87 gross acres of R-2 and 3.07 gross acres of R-
3 zoning. Deducting for streets, and in the case of the R -3 parcel, the park, the net acreage of R -2 is
5.4 and R-3 is 2.05. While the gross acreage of R-3 is larger than that depicted in Figure 13 of the
OASP, the net acreage is consistent with the land uses allocation shown in the OASP taking into
consideration the area dedicated to the park. The resultant allowable density numbers for the R-2
1.g
Packet Pg. 187 Attachment: g - Planning Commission Staff Report (and Errata) from 4-13-2016 (1327 : West Creek Subdivision)
ER/TR 224-14 (1299 Orcutt Road) – Planning Commission 4-13-2016
Page 7
zoning is 65 for the R-2 and 37 for the R-3 for a total allowable density of 102.
Table 1 - Site Density Calculations
Zoning Net Acres
OASP Unit
Allocation
Proposed
Density
Units
Allowed
Density
Units/Acre
Proposed
Density
R-2 7.82 52-54 67 12 8.56
R-4 3.09 91-103 85.12 24 27.5
Total Allowable Density 143-157 152.12
13.94
OASP Policy 3.1.b notes that density calculations are simplified from typical Zoning Regulations
standards in that any dwelling with two or more bedrooms counts as 1.0 density unit (as opposed to
the 1.5 for three bedrooms or 2.0 for four bedrooms). Policy 3.1.c states that density is calculated
based on the net site area prior to subdivision rather than a lot -by-lot basis to accommodate the
smaller lots allowed within the Orcutt Area.
The applicant is proposing a total of 152 density units and an effective 172 separate units with the
variety of housing types included in the project. This number of units is in substantial conformance
to the range of the unit allocation for the comb ined lots included in the OASP.
4.3 Affordable Housing
The applicants have prepared an “Inclusionary Housing Proposal for West Creek Project (updated
11-18-15)” that outlines in detail the proposed program for providing housing on the site. This
“Proposal” is included as Attachment 7.
Policy 3.3.2 requires that: “Each development within the Orcutt Area shall construct a minimum 10
percent of moderate income affordable dwelling units (ADU) and 5% low income ADUs at the time
of development, or dedicate land for affordable housing.” The applicant has committed to including
ADUs within the project and the proposal exceeds these minimum requirements.
Per Appendix N of City Housing Element, Table 2, t he applicant’s Inclusionary Housing
requirement based on 172 units is 25.8. Based on the average unit size of 1,256 squa re feet, that
requirement is adjusted by 25% per Appendix N of City Housing Element, Table 2A (25.8 units x
.25 + 6.45 = 6). The specific unit types and income levels is included in the Table 2 below.
Table 2 - Affordable Housing Proposal
Inclusionary Unit
Categories
Required Proposed Unit Types
Low Income units 2 1 2-bedroom condo
Low Income units 3 Studio condo
Moderate Income units 4 2 2-bedroom condo
Moderate Income units 4 Studio condo
Total 6 10
1.g
Packet Pg. 188 Attachment: g - Planning Commission Staff Report (and Errata) from 4-13-2016 (1327 : West Creek Subdivision)
ER/TR 224-14 (1299 Orcutt Road) – Planning Commission 4-13-2016
Page 8
Distribution of affordable units in the R-4 condominium portion of the project is shown below.
Figure 2 – West Creek Affordable Housing Unit Locations
4.4 Parking
Parking for the single-family neighborhoods for the project are included as part of the residence
garages, on one side of Streets A-3 and A-4, and in a parking area located adjoining Street A-2.
The SFR neighborhoods are believed to have adequate site and on -street guest parking as proposed.
Parking for the MFR-condominium neighborhood is proposed to be met under a “Transpo rtation
Demand Management Program (TDMP)” included as Attachment 8. Required vehicle parking for
the 105 MFR units is 192 spaces, allocated to the various unit bedroom counts based on zoning
standards. The TDMP outlines the applicant’s proposal to provide 172 spaces (or a 10.4%
reduction) through a combination of (1) adding 60 additional bicycle parking spaces to permit a 12
vehicle space reduction, and (2) implementation of the TDMP to allow an 8 vehicle space reduction.
This issue was reviewed by the ARC and it was their recommendation that a program be
implemented that provides for management of available parking by the HOA or other management
entity, and allowing for future flexibility in parking as the project builds out and a more hands -on
experience with parking results. Staff concurs with these suggestions, and believes the TDMP
provides the management and oversight that will combine for a successful parking solution at West
Creek.
1.g
Packet Pg. 189 Attachment: g - Planning Commission Staff Report (and Errata) from 4-13-2016 (1327 : West Creek Subdivision)
ER/TR 224-14 (1299 Orcutt Road) – Planning Commission 4-13-2016
Page 9
4.5 Open Space/Recreation
Overall OASP public parklands are largely concentrated in the center of the planning area on the
Righetti Ranch park site. Recent approvals for that project (VTM#3063) established the
improvement and dedication of four (4) public parks totaling over 14 ac res in area. While the
OASP established these specific public park improvements, the Specific Plan also allows individual
development proposals to include public -city parklands as considered appropriate during processing
of an application.
Figure 2.4 in the OASP, the Open Space and Parks Plan, identifies the subject property as one
suitable for a local parkland dedication. Consistent with OASP Policy 2.3.4, property owners may
propose parkland dedications through the subdivision review process. Several lots (as depicted in
Figure 3, below) are proposed to be improved/set aside as open space by the developer and either
dedicated to the City of San Luis Obispo, or retained by the private Homeowners Association,
totaling about 5 acres as described below.
Figure 3 - Proposed VTM#3083 Illustrative Site Plan
Applicant’s Proposed City Parks
The central ~1 acre Basin (Lot 71) and Creek Parks (Portion Lot 72) on either side of “A” Street
would include a naturalized detention/retention area, large publ ic plaza, walking paths, bicycle path
trail head and covered staging area, restrooms, turf area, central fountain and covered seating area.
Public Restrooms would be provided internal to the Mixed Use building (Lot 73) with direct access
1.g
Packet Pg. 190 Attachment: g - Planning Commission Staff Report (and Errata) from 4-13-2016 (1327 : West Creek Subdivision)
ER/TR 224-14 (1299 Orcutt Road) – Planning Commission 4-13-2016
Page 10
to the park plaza. The applicant is also proposing Linear Parks (Lots 68, 69) as public.
Park and open spaces areas occur for the most part along the creek channels along the western
extent of the site. These areas will provide for biological enhancement and drainage m itigation,
play/turf area, open space, and seating areas, providing both active and passive recreation amenities
for the future residents of the subdivision and the overall community as a whole. These areas would
also be directly accessible to the existing mobile home park residents to the west and homes to the
north, which are currently considered underserved by parks. In addition to the West Creek
neighborhood park and open space areas along these creek channels, am ple parkways are provided
in the southern portion of the project as neighborhood commons among the units.
4.5.1 Project Parkland Requirement
To ensure that there is adequate parkland to support the population of the neighborhood, the OASP
applies the City’s Parks and Recreation Element standards of parklan d provision for persons per
acre.
Under the OASP the West Creek development would be responsible for parkland as follows:
10 acres of parkland per 1,000 residents (OASP 2.3.1)
2.58 residents per R-2 unit = 2.58 x 67 units = 172.8 residents (OASP 2.3.2)
1.92 residents per R-4 unit = 1.92 x 105 units = 201.6 residents (OASP 2.3.2)
374 residents = 3.74 acres of parkland for the West Creek site
4.5.2 Applicant’s Project Parks Proposal
The project has been designed to include 2.35 acres of improved park space and 2.80 acres of open
space. This information is graphically represented in Figure 3. Together, these park and open space
areas achieve multi-purpose/multi use functions. These areas will provide for biological
enhancement and drainage mitigation, play/turf area, open space, seating areas, a tot -lot, fitness
stations, and opportunities for a community garden, thereby providing both active and passive
recreation amenities for the future residents of the subdivision and the overall community as a
whole. The applicant’s detailed proposal is Attachment 9. The West Creek project proposal
includes the following:
Lot # Total Parks Open Space
Proposed Community Basin Park: 71 0.65 ac 0.65 ac
City Parks/OS Community Creek Park: Part 72 0.46 ac 0.46 ac
Community Common Linear Parks: 68 & 69 0.54 ac 0.54 ac
1.65 ac 1.65 ac
Proposed HOA Community Garden: 70 0.15 ac 0.15 ac
Multi-Family Common Landscape: 77 0.55 ac 0.55 ac
Riparian Open Space: creek 1.53 ac 1.53 ac
Trails-Seating-Open Space: 72 0.63 ac 0.63 ac
Basin and Biofiltration Areas: 74-75-76 0.64 ac 0.64 ac
3.50 ac 0.70 ac 2.80 ac
TOTALS: 5.15 ac 2.35 ac 2.80 ac
1.g
Packet Pg. 191 Attachment: g - Planning Commission Staff Report (and Errata) from 4-13-2016 (1327 : West Creek Subdivision)
ER/TR 224-14 (1299 Orcutt Road) – Planning Commission 4-13-2016
Page 11
On November 4, 2015, the PRC received the applicant’s request for parkland credits, and voted to
recommend a “partial credit” be considered in continuing consultation with the applicant.
The “details” of a final improvement plan and parkland development fee credits are matters to be
addressed in the future by the Parks and Recreation Commission and the City Council. For the
purposes of considering the VTM, it is appropriate to establish a condition that addresses this future
consideration before the filing of the initial tract map . In general, staff supports a park development
fee credit for those improvements associated with the parklands offered for public use by the
applicants, providing maintenance of these a reas is managed by the project HOA and not city staff.
Suggested private maintenance can be more carefully evaluated as final presentations and specifics
are considered in the future by Parks Commission and City Council, but at this point the full
development and maintenance of already contemplated and approved public parks in the OASP
represent a reasonable allocation of limited staff resources, and to extend additional city
maintenance to these small enclaves should be discouraged at this time , and was not a part of the
PRC’s recommendation at this time. Condition #112 has been included to address this PRC
recommendation.
5.0 PROJECT ANALYSIS (Subdivision Design)
5.1 VTM Design
Lots 1-26 are more traditional lots ranging in size from 3,915 to 7,223 square feet and are proposed
to accommodate detached single -family homes. Lots 27-45 include mostly detached single-family
homes, but there are also two duplexes. These lots range in size from 3,280 to 4,970 square feet.
Lots 1-45 are included in the R-2 zoning category.
Table 3.1 of the OASP provides unique residential lot standards for the R-1 & R-2 zones and
indicates that the R-3 & R-4 zones would follow typical City standards. The lot area standards for
R-2 lots are 3,000 square feet, 5,000 square feet maximum, and 4,500 square feet average.
As designed the detached residential lots provide a variet y of lot sizes and flexibility in unit designs
to create a range of housing options consistent with the OASP and Housing Element. This approach
advances the city’s “affordable by design” policies and programs.
5.2 Grading
The subject site has an overall average cross slope of less than 10% (~7% in an east-to-west
direction; ~4% north-to-south). The site has two major “constraints” that dictate the grading
solutions offered in the tract design by the applicants. These constraints are the natural alignment of
East Orcutt Creek, and the future alignment of “A” street, which connects southerly into the
adjoining Wingate project at a predetermined grade. In the case of East Orcutt Creek, the grading
from Orcutt Road southerly to the existing edge of the creek corridor to accommodate the R-4
multi-family component of the project is the more significant, with a series of retaining walls used
to create the finished grades of this part of the project. South of East Orcutt Creek, the
predominantly Single-Family neighborhood slopes more gently to match the approved road grades
of the Wingate tract, with fewer and shorter retaining wall needs.
1.g
Packet Pg. 192 Attachment: g - Planning Commission Staff Report (and Errata) from 4-13-2016 (1327 : West Creek Subdivision)
ER/TR 224-14 (1299 Orcutt Road) – Planning Commission 4-13-2016
Page 12
The preliminary grading plan attempts to balance the need for significant “flatter” areas between
Orcutt Road and East Orcutt Creek and the natural slope of the creek by limiting proposed cuts or
fills to eight feet. In some cases, these cuts and fills are slope banks that undulate at varied grades
based on input from Natural Resources and Engineering staff along the creek corridors, and in other
instances 3’-6’ retaining walls below the R-4 buildings are used to more abruptly transition the
building envelope edge with the creek corridor. Total grading, proposed to be balanced on site, is
estimated to be approximately 25,000 cubic yards. The grading concept has been designed to
follow the natural southwestern descending contours of the land and achieve maximum solar and
view access for individual lots. At grade access is provided to adjoining properties. Maximum
retaining wall heights are estimated to be six feet in limited locations. To minimize the amount of
grading and need for retaining walls, portions of the row house units and single-family homes have
been designed with a split pad design ; this provides garages under living spaces, but creates the
convenience of an at grade, level rear yard immediately accessed from the living area.
The site grading plan (VTM Sheets C-8 and C-9) reflects an effort to design a large development
project with significant elevation changes downward from Orcutt Road to the west and south edges
of the site. Staff believes the grading design meets the intent of minimizing grading balanced with
the objectives of natural resources protection, adequate area -wide circulation connections and
extensions, and achieving the desired residential densities for these OASP properties.
5.3 Site Circulation
The project site currently has access to Orcutt Road. Future connection of inner-tract roadways and
connection points to adjacent properties have been considered and are supported by the proposed
VTM. Primary access will be provided by “A” Street, the North/South residential collector along
the Western perimeter of the project. Second access to the project will ultimate be provided vi a A-2
street which connect to the Taylor Wingate property to the south once developed. In the interim a
temporary access point will be provided to Orcutt Rd. along the eastern perimeter of the project to
satisfy emergency access requirement, this access po int will be abandoned once development to the
south occurs and secondary access is satisfied.
1.g
Packet Pg. 193 Attachment: g - Planning Commission Staff Report (and Errata) from 4-13-2016 (1327 : West Creek Subdivision)
ER/TR 224-14 (1299 Orcutt Road) – Planning Commission 4-13-2016
Page 13
Figure 4 – Project Illustrative Site Plan
Inner-tract roadways are designed to provide efficient access within the subdivision while
considering the natural contours of the land, solar access, safety, speed reduction, maximization of
views within the subdivision as well as future inner -tract connections to the adjoining fut ure
development parcels. Inner-tract circulation is provided through both public and pr ivate streets.
The developer is responsible for all improvements and costs for its inner -tract roadways and private
streets located on their property.
OASP Policy 5.1.a states that “Existing arterial roadways should be improved where necessary in
order to provide safe, adequate circulation.” In the case of the project, OASP Program 5.1.1 notes
that Orcutt Road shall be improved to include a continuous two -way left-turn lane, Class II bicycle
lane, and curb and gutter between Johnson Avenue and Tank Farm Road. Condition No. 4 indicates
that the improvements to Orcutt Road per the OASP requirements need to be completed in the
project’s first phase.
5.4 Pedestrian and Bike Paths
The OASP delineates an on-site Class 1 bicycle path trailhead terminating on the subject site. The
project design incorporates this requirement through inclusion of a covered bicycle staging area
located adjacent to the public park “hub” of the site.
1.g
Packet Pg. 194 Attachment: g - Planning Commission Staff Report (and Errata) from 4-13-2016 (1327 : West Creek Subdivision)
ER/TR 224-14 (1299 Orcutt Road) – Planning Commission 4-13-2016
Page 14
Enhanced parkways with pedestrian paths, off road inner-tract pedestrian paths, inner tract path
connections to adjacent parcels and internal park paths and seating are provided to encourage a
“non-car-centric” lifestyle. The maximum distance any resident of the community will hav e to
travel to gain access to a bicycle path is approximately 500 feet with a majority of the homes within
200 feet of a bicycle path.
5.5 Project Phasing
The final map is intended to be recorded in a single phase. For the purposes of the VTM, the
applicants have identified a 3-phased approach to buildings construction as shown in Figure 5.
Figure 5 – Overall Project Construction Phasing
The construction of the tract grading-infrastructure, residential and parks improvements could be
developed in multiple phases, depending on detailed engineering design.
Each phase is designed as a complete block, able to function independently with required access,
utilities landscaping and improvements. The phasing plan implementation is designed to ensure a
minimum of construction traffic and activity impacts to completed phases of the project.
Construction planning and coordination between phases management will be addressed through
Condition 111, requiring a Construction Management Plan to be implemented with all phases of
the project.
The project will include a Master Homeowner’s Association (HOA) that will be responsible for
maintenance of all common area landscaping, all private roadways and applicable infrastructure
improvements, all fences and walls, all private drainage infrastructure on individual lots and within
1.g
Packet Pg. 195 Attachment: g - Planning Commission Staff Report (and Errata) from 4-13-2016 (1327 : West Creek Subdivision)
ER/TR 224-14 (1299 Orcutt Road) – Planning Commission 4-13-2016
Page 15
the park and all private stre et lighting (see Condition 103). Additionally, the homeowners
association will be responsible for enforcement of the Rul es and Regulations. Rules and
Regulations will be designed to protect the long-term integrity of the community as well as provide
necessary protections for rights to quiet enjoyment for all residents and protect residents from visual
nuisances.
5.6 Drainage
The project proposes a comprehensive drainage system. The primary requirement is to achieve the
net effect of no increased runoff from the site after build out. The drainage system includes the
following key features:
All single-family units will be equipped with rain barrels to retain and reuse gutter runoff .
All single-family lots will be provided subterranean retention connected to the gutter system
and on lot drains which connect to the master storm -water system.
The Public Park will be equipped with both subterranean and above grade
retention/detention connected to the master storm -water system. The above grade
retention/detention will be improved as a dry creek complete with compatible landscaping,
grading and rock outcropping features to provide a visual and functional feature to the
development.
Naturalized bio swales will be incorporated into the landscape and gr ading plan to provide
both naturalized drainage and landscape enhancement including a cross lot naturalized bio
swale behind lots 44 thru 57.
The HOA will be responsible for maintenance of all on lot drainage systems as well as the
retention/detention systems developed in the park. Condition 89 outlines drainage requirements and
Condition 103 reiterates the maintenance and management responsibilities of the HOA.
5.7 Utilities
Utility and Service System concerns have been raised based on the City’s newly updated 2015
Potable Water Distribution System Operations Master Plan (2015 Water Master Plan). Regarding
delivery of domestic water to the project, new information developed a fter the FEIR was certified
and after the 2010 Orcutt Area Specific Plan is now available from the City’s 2015 Water Master
Plan and hydraulic model related to the provision of water service to the Orcutt Specific Plan Area.
To serve the area with adequate fire flow (1,500 gpm for residential areas), and average daily
storage requirements, a 12-inch water main needs to be extended from the Terrace Hill pressure
zone at the intersection of Johnson and Tanglewood Drive in a south/southeast direction to the
intersection of Orcutt Road and B Street. A 12 -inch water main will also need to be extended west
to Orcutt and A Street. Under City fire and safety standards, these improvements will be required
prior to occupancy of any new residential uses. Adequate fi re flow and storage, based on the
extension into the project, is available for the development of the Orcutt Specific Plan area.
Mitigation measures and project conditions are included to address these off -site improvements in
conjunction with the project.
The project proposes an alternate connection to the wastewater collection system which is allowable
within the OASP, subject to specific criteria. The Utilities Plan on Sheet C -13 on the VTM shows
1.g
Packet Pg. 196 Attachment: g - Planning Commission Staff Report (and Errata) from 4-13-2016 (1327 : West Creek Subdivision)
ER/TR 224-14 (1299 Orcutt Road) – Planning Commission 4-13-2016
Page 16
that the sewer will be extended from the mobile home par k to the southwest of the project through
an easement and connect to the existing collection system in Willow Lane. Downstream of the
proposed tie in location, the existing sewer line crossing the railroad tracks from Bullock Lane to
Capitolio is over 45 years old, is not encased, and the cast iron pipe is in poor condition. Should this
option be pursued, the developer will be required to construct all sewer facilities according to City
standards. According to the capacity assurance modelling conducted with the City’s 2015
Wastewater Collection System Infrastructure Renewal Strategy , the collection system downstream
of the railroad crossing has adequate capacity to serve the proposed West Creek project.
In addition to the on-site utility service infrastru cture required with the developments, the proj ect is
subject to City established Development Impact Fees and Add-On Fees that are charged in
conjunction with approval of development projects to offset costs associated with water supply,
water treatment, wastewater collection and wastewater treatment. To the extent that VTM#3083
participates in off-site improvements with other development projects, or fronts the shared costs of
other projects, conditions have been included that permit the subdivider the opti on of pursuing fair
share financing and reimbursement programs submitted with any final map for the project.
5.8 Water Supplies
The City has four primary water supply sources including Whale Rock Reservoir, Salinas
Reservoir, Nacimiento Reservoir, and recycled water (for irrigation), with groundwater serving as a
fifth supplemental source. Buildout population demands (2014; Utilities Department) are estimated
at 7,128 afy, or 71% of total available annual supplies. The City’s investment in multi -source water
supplies has afforded responsible use options even following some of the driest years on record.
Provisions in the City General Plan, specifically the Water and Wastewater Management Element
and the OASP, insure that increased water use by new development will not cause inadequate water
service to existing and future customers. Consistent with the 2004 Water Reuse Master Plan,
service of recycled water to the Orcutt Area will be extended from Tank Farm Road to Orcutt Road
along “A” Street. This project is also subject to water impact fees which were adopted to ensure that
new development pays its share of constructing additional infrastructure needed to support
additional facilities.
5.9 Residential Products
Proposed VTM#3083 includes a mix of single -family and attached multi-family residential units.
The applicant’s “Project Description” (Attachment 3) indicates that all residential construction will
comply with the OASP Design Guidelines at the time of future construction . Concept floor and site
plans have been presented for the residential units (RRM plan set Sheets A-9 thru A-21.
The multi-family units are proposed as “condominiums”, designed to include air space ownership,
while permitting attached buildings in a series of attached or clustered configurations. A total of
seven (7) separate building clusters are proposed. These units vary between studio (max. 450 sf), 1-
bedroom (703 sf) and 2-bedrooms (ranging between 951 – 1,215 sf). Garages on the ground floor
of the buildings are included. These concepts allow some variation to the height and scale of the
buildings, and will be a more moderate-cost and affordable housing product. These plans are
1.g
Packet Pg. 197 Attachment: g - Planning Commission Staff Report (and Errata) from 4-13-2016 (1327 : West Creek Subdivision)
ER/TR 224-14 (1299 Orcutt Road) – Planning Commission 4-13-2016
Page 17
general, and serve to confirm that the housing types described by the applicants do in fact work on
the proposed higher-density lots of the tract.
Architectural plans for the single-family housing products vary between what the applicant refers to
as “traditional homes” and “parkway home”. For the most part, these SFRs would be 3 bedroom
units, varying in size from 1,830 sf to 2,063 sf, with an option for a 450 sf “efficiency unit as a
multi-generational family member”. These units would also vary between single-story and two -
story configurations. The ARC was supportive of the preliminary design concepts during their
review.
Similar to recent processing of the Righetti subdivision, staff is recommendin g a process under
Condition -- that would allow ARC review/comment on a series of “model unit” buildings and
landscaping designs, and to provide for public comment and input to the Community Development
Director, who would be responsible to make final determinations on building design. Director’s
decisions in this manner would be appealable under established city policies.
5.10 Uniform CC&R’s
Pursuant to the OASP, a homeowners association (HOA) is to be created to address ownership,
maintenance, repair and replacement of common areas and private streets not otherwise
incorporated into public ownership. West Creek includes private areas that would be subject to an
HOA within the boundaries of VTM#3083.
The OASP permits either a “master association (MHOA)” which could encompass the entire site, or
multiple associations to address smaller sub-units of a given project. This can be done by creating a
MHOA with the initial final map, with the future option of additional smaller areas being
automatically “annexed” or incorporated within the Master HOA, or retained as a sub-association
within the Master HOA.
In the case of West Creek, this decision will be for the subdivider to make at the time of final map
application, and therefore Condition 103 is presented to permit any of these options to be proposed,
consistent with the OASP.
6.0 CONCLUSION
The project application is consistent with the stated goals in the OASP and provides a new
neighborhood with many admirable components and features, including, but not limited to:
1. A range of different housing types to appeal to households of varied income levels and
needs.
2. It provides a sizable affordable component that is distributed throughout the site.
3. A commitment to quality and energy efficient construction.
4. A new sustainable neighborhood with internal pedestrian connections and provision for
future linkages to adjoining sites.
5. Community amenities including a park, public art, day care center, bicycle staging area, trail
connections, convenience store, and bus turnout.
1.g
Packet Pg. 198 Attachment: g - Planning Commission Staff Report (and Errata) from 4-13-2016 (1327 : West Creek Subdivision)
ER/TR 224-14 (1299 Orcutt Road) – Planning Commission 4-13-2016
Page 18
6. Balanced site grading that respects the existing site topography.
7. Providing a catalyst for development of the overall area as envisioned by the OASP.
7.0 OTHER DEPARTMENT COMMENTS
The Public Works and Utilities Departments have reviewed the project and have provided
comments that are incorporated into the staff report and recommended resolution as conditions of
approval and code requirements.
8.0 ALTERNATIVES
8.1 Continue the project with direction to the applicant and staff on pertinent issues.
8.2 Deny the project based on findings of inconsistency with the OASP, General Plan, or
Subdivision Regulations.
9.0 ATTACHMENTS
1. Draft Resolution
2. OASP Vicinity Map
3. Applicant’s “Project Description”
4. ARC 2nd Review Staff Report and Minutes – 10-19-2015
5. PRC 2nd Review Staff Report and Minutes from 3-4-15 and 11-4-15
6. Initial Study – Mitigated Negative Declaration (ER 224-14)
7. “Inclusionary Housing Proposal for West Creek Project ” (updated 11-18-15)
8. “Transportation Demand Management Plan” West Creek, 3-14-2016
9. “West Creek Project Parks Proposal”
10. West Creek #3083 proposed vesting tentative tract map
11. West Creek architectural and design presentation plans
Full Size Project Architectural and VTM Exhibits - (distributed separately)
1.g
Packet Pg. 199 Attachment: g - Planning Commission Staff Report (and Errata) from 4-13-2016 (1327 : West Creek Subdivision)
Planning Commission Minutes
DRAFT EXCERPT
SAN LUIS OBISPO
PLANNING COMMISSION MEETING MINUTES
Wednesday, April 13, 2016
PUBLIC HEARING
1. 1299 Orcutt Road. SBDV-1769-2015: Review of a Vesting Tentative Map
(Tract 3083; “West Creek”) to create 79 lots, and consideration of a CEQA
Initial Study-Mitigated Negative Declaration environmental determination; R-2,
R-4 (SP) zones; Robbins / Reed, applicants.
Deputy Director Davidson introduced Dave Watson, Consulting Planner managing the
project, who provided the Staff Report. In response to Commission questions, he
stated that the proposal had been presented to Parks & Recreation Commission
(PRC). The PRC supports the concept subject to review of the final design and with a
recommendation that a partial credit of improvement fees be addressed by the City
Council at some future date.
Aaryn Abbott, representing the Applicant, indicated that the Applicant is willing to
continue to hold properties’ titles and maintain them through the Homeowners’
Association and open them through easements for public access, as recommended by
the PRC. He provided an overview of the history of the Orcutt Area Specific Plan
(OASP) and concluded that the West Creek is a highly constrained site having
undergone multiple design iterations and additional traffic, soils, and hydrology studies.
Randy Russom and Pam Ricci, RRM Design Group, presented the project details and
and responded to Commission questions regarding residential parking.
Transportation Operations Supervisor Jake Hudson responded to Commission
questions regarding the circulation analysis of the OASP, including plans for both
interim and ultimate secondary access routes and how the Plan envisions a restriction
for emergency vehicles only.
Pam Ricci, RRM Design Group requested that the Commission consider alterations to
Condition #112 to provide additional flexibility. Applicant Representative Abbott
indicated Applicant’s comfort with removing mention of $250,000 specifically from
Condition #112, noting that the figure arose initially with Parks & Recreation’s mention
of a credit being available. Assistant City Attorney Ansolabehere reminded the
Commission to take Public Comment before deliberating.
DRAFT1.h
Packet Pg. 200 Attachment: h - Planning Commission Minutes 4-13-16 (1327 : West Creek Subdivision)
Excerpt of the Draft Planning Commission Minutes of April 13, 2016 Page 2
PUBLIC COMMENT
The following San Luis Obispo residents spoke in opposition to the project because of
concerns regarding the size of the development and potential impacts to the
environment, including water resources, and on traffic in the Orcutt Road area:
Dia Hurd
Mila Vujovich-La Barre
David Brodie
The following residents of San Luis Obispo spoke in support of the project:
Erik Justesen, CEO of RRM Design Group
David Gray, as representative of site property’s land ownership
Baylin Vreeland, Cal Poly student
Steve Delmartini
Donna Lewis
Matthew Hames, Los Osos, endorsed the project
Following a brief break, Commission discussion and questions to staff followed, with a
focus on bicycle and vehicle circulation, bus and transit service, secondary access, the
type and number of affordable units and conservation efforts.
Planner Watson stated that part of the approved plan for the Righetti Subdivision was
to extend reclaimed water from the Tank Farm Road Area north. He added that each
project will install their share of a total system and, as they ultimately connect, recycled
water would be available for appropriate uses, i.e. parks.
Commissioner Larson indicated that he was not comfortable with changing language in
Condition #112, as requested by the Applicant.
Commissioner Malak questioned the wisdom of constructing a pool on-site given the
current water situation.
Deputy Director Davidson stated that the affordable-by-design concept is a major
premise of the Housing Element before providing a fundamental background
explanation of the calculation which showed that the Applicant, following it to the letter,
provided more affordable units than required. Chair Stevenson added that the project
mix of housing covers a wide income strata, that studio housing itself is affordable-by-
design, and is achieving Housing Element and OASP goals.
Commissioner Malak discussed conservation policy guideline consistency as it
pertains to the provision of solar power in a development and whether the integration
of it in the Avila Ranch Project was a precedent or an anomaly.
DRAFT1.h
Packet Pg. 201 Attachment: h - Planning Commission Minutes 4-13-16 (1327 : West Creek Subdivision)
Excerpt of the Draft Planning Commission Minutes of April 13, 2016 Page 3
Assistant City Attorney Ansolabehere shared that, at a policy level, legislation had not
been implemented yet to insert solar panel policy into specific program and City’s
environmental document does not yet identify it as a mitigation measure, so the
program is peripheral on General Plan level and pointing out inconsistencies regarding
mandatory integration within it could be problematic.
Commissioner Larson commented that there are a variety of options for additional
energy conservation procedures in order for West Creek to meet, or even exceed, a
particular performance standard identified in the more generic energy efficiency
mitigation measure, but stated that the project, in his estimation, is consistent with
policies in the given code.
Chair Stevenson added that the energy efficiency requirement is 10% above Title 24
analysis.
Commissioner Draze proposed approving the project per Staff recommendation, which
includes a number of minor changes in the revised Resolution, with the addition of a
requirement to Condition 10 that secondary access points be open full-time.
Commissioner Malak voiced disappointment with the number of affordable housing units
and his desire for a solar panel policy being made available for project integration. For
these reasons he cannot support approval.
Commissioner Draze requested that the project engineers consider reducing the heights
of some of the retaining walls. Chair Stevenson suggested this request could be placed
under a second motion as a recommendation to the ARC.
Chair Stevenson shared empathy with Public concerns for traffic impacts and potential
water but also indicated satisfaction with project’s evaluation of water usage through
EIR and OASP. He stressed that this project is the type the City needs to provide for
more affordable housing stock for younger demographic looking for starter homes and
viable employment simultaneously; and commended the Applicant for implementing all
the sustainable features it was able to include.
ACTION: UPON MOTION BY COMMISSIONER DRAZE, SECONDED BY
COMMISSIONER LARSON, the Commission adopted a Resolution recommending the
City Council approve Vesting Tentative Tract Map No. 3083 creating 77 lots for property
located at 1299 Orcutt Road (“West Creek”), with an amended condition of approval
(Condition 10 – Transportation and Subdivision Improvements. Include a requirement
that secondary access be open to through traffic in a design approved by the City
Engineer and Director of Public Works). Motion passed 3:1:3 on the following roll call
vote:
AYES: Draze, Larson, Stevenson
NOES: Malak
ABSENT: Fowler, Riggs, Dandekar DRAFT1.h
Packet Pg. 202 Attachment: h - Planning Commission Minutes 4-13-16 (1327 : West Creek Subdivision)
Excerpt of the Draft Planning Commission Minutes of April 13, 2016 Page 4
ACTION: UPON MOTION BY CHAIR STEVENSON, SECONDED BY
COMMISSIONER DRAZE, the Commission agreed to recommend to the City Council to
refer two design issues (prohibiting swimming pool construction; placing special
attention on 10-foot retaining walls) to Architectural Review Commission. Motion passed
3:1:3 on the following vote:
AYES: Stevenson, Draze, Malak
NOES: Larson
ABSENT: Fowler, Riggs, Dandekar
DRAFT1.h
Packet Pg. 203 Attachment: h - Planning Commission Minutes 4-13-16 (1327 : West Creek Subdivision)
West Creek Project Parks Proposal
The project has been designed to include approximately 1.65 acres of improved park space and 3.5
acres of Community Open Space. Together, these park and open space areas achieve multi-
purpose/multi use functions. These areas will provide for biological enhancement and drainage
mitigation, play/turf area, open space, seating areas, a tot -lot, and opportunities for a community
garden, thereby providing both active and passive recreation amenities for the future residents of
the subdivision and the overall community as a whole. The park and open space areas that the
West Creek project anticipates include the following:
City Parks
Community Basin Park: 0.65 Ac
Community Creek Park: 0.46 Ac
Community Linear Park: 0.54 Ac
TOTAL: 1.65 Ac
Community Open Space
Community Garden: 0.15 Ac
Multi-Family Common Areas: 0.55 Ac
Riparian Open Space: 1.53 Ac
City Trails: 0.63 Ac
Basin & Bio-filtration Areas: 0.64 Ac
TOTAL: 3.50 Ac
It should be noted that final park acreages and improvements included in them will change
somewhat based on the VTM approval, related improvement plans, and the final parks design
review and approval by the Parks & Recreation Commission at a later date.
Parkland Fee Reduction
OASP Policy 2.3.4 provides that property owners that would like to provide improved parkland
on their property may do so through the subdivision review process. OASP Program 2.3.4a outlines
the circumstances in which property owners may provide improved parkland on their property and
request relief from parkland fees. The following discussion outlines these circumstances, followed
by a summary of how the project meets the criterion.
OASP 2.3.4a.i: The Parks and Recreation Commission determine that the additional
parkland serves a community-wide need that is not met through the provision of other
parkland in the Orcutt Area.
Summary: West Creek parks provide parkland that serves the community in ways not met through
other proposed areas. The proposed park areas serve not only the OASP properties, but the
adjacent underserved neighborhoods that no other location in the OASP does or will. The
proposed West Creek park areas will be the only park within a ¼ mile/5-minute walking radius
for the surrounding neighborhoods as indicated on the attached Parks Context Map.
1.i
Packet Pg. 204 Attachment: i - Applicant Parks Credit Proposal (1327 : West Creek Subdivision)
OASP 2.3.4a.ii: The proposed parkland can be provided without reducing the number of
residential units anticipated for the property, as illustrated by the range of Total Estimated
Units shown on [OASP] Table A-2 (Appendix A).
Summary: As proposed, the West Creek project includes a total of 172 units, which exceeds the
number of units anticipated for the two sites by the OASP, which identifies a combined range of
143-157 units. This has been accomplished by designing space-efficient small units, and siting the
parkway homes with front doors along a pedestrian parkway.
OASP 2.3.4a.iii: The provision of additional parkland will not impact the ability of Orcutt
Area development to finance parkland acquisition costs identified in Chapter 8, Public
Facilities Financing, because other funding sources insure the feasibility of financing this
parkland acquisition. Other sources can include the following:
1. Grant funding for parkland acquisition;
2. Development in the Orcutt Area in excess of the 937 units used to estimate available
fees for parkland acquisition in Chapter 8, making more money available for parkland
acquisition than previously anticipated;
3. City funding of parkland acquisition to meet regional parkland needs, if approved by
the City Council.
Summary: The West Creek project is proposing 15-29 units beyond that anticipated by the OASP,
which would lead to an excess in available fees from these sites beyond those anticipated. This
would at least partially off-set some of the requested reduction in park fees. The proposed
development even with the inclusion of the park area exceeds originally anticipated density, which
is encouraged by the OASP.
Fee Summary
The OASP fee calcs assumed 937 total units, this is the average of their projected units
(Table A-2, 892-979 units)
o 523 SFR (pg 8-8)
o 414 MFR (pg 8-8)
The OASP (page 8-2) assumes a total cost of 8,126,000
o Parks & Rec = 4,448,000
o Parkland = 3,678,000
Fees are allocated on OASP page 8-5
o Parks & Rec SFR = 5,352 * 523 = 2,799,096
o Parks & Rec MFR = 3,983 * 414 = 1,648,962
o Parkland SFR = 4,425 * 523 = 2,314,275
o Parkland MFR = 3,293 * 414 = 1,363,302
o Total = 8,125,635
West Creek fees as originally projected in OASP
o 97 MFR (avg of projected range, 91-103) * 7,276 = 705,772
o 54 SFR (avg of projected range, 52-56) * 9,777 = 527,958
o total Maddalena / Mid-State fees anticipated per OASP = 1,233,730
1.i
Packet Pg. 205 Attachment: i - Applicant Parks Credit Proposal (1327 : West Creek Subdivision)
Updated fees for current fiscal year per unit count in OASP (combo of both properties),
specific to West Creek:
o 97 MFR (avg of projected range, 91-103) * 9,575 = 928,775
o 54 SFR (avg of projected range, 52-56) * 13,012 = 702,648
o total fees anticipated per OASP after fee increases = 1,631,423 (397,693 increase)
Actual fees as projected with smaller average unit size, but within anticipated density-
unit range:
o 105 * 9,575 = 1,005,375
o 67 * 13,012 = 871,804
o total = 1,877,179
o difference = 245,756 (available for credit with NO reduction to OASP
assumptions at current increased rates)
Parks & Recreation Commission Action (11-4-15)
At their second meeting reviewing the project, the Parks & Recreation Commission took two
separate actions regarding the parks proposal.
Motion: (Baker /Regier) Recommend City Council's acceptance of the West Creek project as
proposed design is consistent with the OASP and General Plan criteria and policy guidance for
the design of parks and open space.
Approved: 5 yes: 2 no: 0 absent
Motion: (Regier/Baker) Support partial project "credit" relief of Parkland Development fees in
return for assurance that the park features are developed and continue discussions with the
applicant to explore creative solutions concerning ongoing park and proposed park amenity
maintenance.
Approved: 7 yes: 0 no: 0 absent
Conclusion:
Given the greater number of units than anticipated in the OASP for the site and current parkland
fees that have increased over time, the project will generate fees in excess of about $250,000
from what was originally projected. Given this situation as well as the substantial benefits to the
community of the park spaces to be provided, the applicant requests a reduction in parkland fees
in the range of $250,000 to up to 50% of the total fee amount, consistent with the OASP program
guidance.
1.i
Packet Pg. 206 Attachment: i - Applicant Parks Credit Proposal (1327 : West Creek Subdivision)
WEST CREEK PARK CONTEXT MAPBROAD S
T
RA
I
L
ROAD
OR
C
U
T
T
R
D
ORCUTT RD
West Creek
1/4 Mile Radius Equals
5 Minute Walk
Sinsheimer Park
Daman-Garcia Sports Fields
Neighborhood Park
French Park
Date: 12-18-14
1.i
Packet Pg. 207 Attachment: i - Applicant Parks Credit Proposal (1327 : West Creek Subdivision)
San Luis Obispo Page 1
Tuesday, March 15, 2016
Regular Meeting of the City Council
CALL TO ORDER
A Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday, March
15, 2016 at 6:00 p.m. in the Council Chamber, located at 990 Palm Street, San Luis Obispo,
California, by Mayor Marx.
ROLL CALL
Council Members
Present: Council Members John Ashbaugh, Carlyn Christianson, Dan Rivoire, Vice Mayor
Dan Carpenter, and Mayor Jan Marx.
Council Members
Absent: None
City Staff
Present: Katie Lichtig, City Manager; Christine Dietrick, City Attorney; Derek Johnson,
Assistant City Manager; and John Paul Maier, Assistant City Clerk; were present
at Roll Call. Other staff members presented reports or responded to questions as
indicated in the minutes.
PLEDGE OF ALLEGIANCE
Vice Mayor Carpenter led the Pledge of Allegiance.
APPOINTMENTS
1. 2016 APPOINTMENTS TO CITY ADVISORY BODIES
Assistant City Clerk Maier presented the contents of the report.
ACTION: MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY COUNCIL
MEMBER RIVOIRE, CARRIED 5-0 to accept the recommendations of the Council Liaison
Subcommittees, make appointments to the City's Advisory Bodies effective April 1, 2016 as
set forth and direct the City Clerk to continue to recruit for any unfilled vacant positions.
7.a
Packet Pg. 208 Attachment: a - Minutes of March 15, 22, and 23, 2016 (1357 : Minutes of March 15, March 22 & 23, 2016)
San Luis Obispo City Council Minutes of March 15, 2016 Page 2
2. APPOINTMENTS TO THE CITIZENS’ REVENUE ENHANCEMENT OVERSIGHT
COMMISSION
Assistant City Clerk Maier presented the contents of the report.
ACTION: MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR
CARPENTER, CARRIED 5-0 to defer making appointments at this time and direct the City
Clerk to redouble efforts to advertise recruitment for the Citizens’ Revenue Enhancement
Oversight Commission.
ACTION: MOTION BY COUNCIL MEMBER RIVOIRE, SECOND BY COUNCIL MEMBER
ASHBAUGH, CARRIED 5-0 to designate Council Member Christianson and Council Member
Ashbaugh as liaisons to the Citizens’ Revenue Enhancement Oversight Commission and direct the
City Clerk’s Office to come back to Council with any recommendations in order to make the
appointment process for the Citizens’ Revenue Enhancement Oversight Commission
coincide with other advisory bodies.
PUBLIC COMMENT PERIOD
Allan Cooper, Save our Downtown, voiced support for increasing funds for workforce housing;
voiced concerns about increased heights and exceptions for buildings in the downtown area.
Dia Hurd, San Luis Obispo, expressed concerns about the use of consultants, building height,
density, and traffic. She urged the City Council to conduct more public engagement.
David Brodie, San Luis Obispo, voiced concerns regarding the City’s rapid growth in businesses
and developments throughout the City and urged the City Council to consider a temporary
building moratorium.
Lydia Mourenza, San Luis Obispo, encouraged the City Council to consider impacts to residents
when reviewing the proposal for 41 apartments and the rehabilitation of the Sandford House at
71 Palomar Avenue.
Michelle Tasseff, San Luis Obispo, observed that a majority of volunteers at the Maxine Lewis
Memorial Shelter are Cal Poly students and explained that during spring break, many of these
students will leave to visit family causing a shortage of volunteers at the shelter. She urged more
members of the public to volunteer and help out during this time of need.
San Luis Obispo residents Al and Aurora Lipper, Teresa Matthews, Peter Crough and Edward
Benson expressed opposition to the project proposed for 71 Palomar because of concerns about
impacts to the neighborhood including increased traffic congestion and noise.
Steve Hansen, San Luis Obispo Tobacco Control Coalition, provided information about the
Califoria Tobacco Tax Initiative, which proposed a cigarette tax to fund healthcare and provide
education to prevent the use of tobacco.
Rochelle Becker, Alliance for Nuclear Responsibility, urged the City Council to support Senate
Bill No. 968, which will study negative economic impacts of shutting down the Diablo Canyon
Power Plant. She summarized her written correspondence endorsing the bill submitted to the
City Council and on file in the Office of the City Clerk.
7.a
Packet Pg. 209 Attachment: a - Minutes of March 15, 22, and 23, 2016 (1357 : Minutes of March 15, March 22 & 23, 2016)
San Luis Obispo City Council Minutes of March 15, 2016 Page 3
Elisabeth Abrahams, Save Our Downtown, read an email response from Community
Development Director Codron related to alcohol outlets and crime in the downtown area. Mrs.
Abrahams expressed concerns about the increase of violent crimes in the downtown area.
Mila Vujovich La -Barre, San Luis Obispo, spoke about meetings with City staff regarding water
resources as it relates to approving new developments and urged the City Council to consider a
building moratorium.
Donald Hedrick, San Luis Obispo, voiced concern about foreign corporations that commence
developments in the City and urged the City Council to consider the community’s concerns
regarding impacts to view sheds and noise before allowing future developments.
Kyle Jordan, San Luis Obispo, expressed concern regarding the availability and cost of housing
in the City and asked that the City Council support more affordable housing opportunities.
Genevieve Czech, San Luis Obispo, agreed with concerns related to various topics previously
mentioned at tonight’s City Council Meeting and encouraged the City Council to engage the help
improve situations.
Bob Shanbrom, San Luis Obispo, expressed appreciation to the newly appointed Police Chief,
Deanna Cantrell, and applauded those who cooperated in the hiring process.
Mark Small, Business Owner San Luis Obispo, urged members of the Public to attend City
Council meetings to voice and address their concerns.
Steve Barasch, San Luis Obispo, urged the City Council to consider a public forum to help
educate the public regarding future developments, increase in population, and changes to
infrastructure.
---End of Public Comment---
City Manager Lichtig clarified that the Water Forum will be held at the Ludwick Center on April
21, 2016 at 6:00 p.m.
In response to public comment, Community Development Deputy Director Fowler stated that
there will be an Initial Study for the proposed project at 71 Palomar and then further analysis by
City staff.
City Manager Lichtig requested that Item 6 be withdrawn from the Consent Agenda.
RECESS
Council recessed at 7:55 p.m. and reconvened at 8:05 p.m., with all Council Members present.
7.a
Packet Pg. 210 Attachment: a - Minutes of March 15, 22, and 23, 2016 (1357 : Minutes of March 15, March 22 & 23, 2016)
San Luis Obispo City Council Minutes of March 15, 2016 Page 4
CONSENT AGENDA
Council Member Ashbaugh pulled Item 4 to comment that although the Minutes of Janu ary 19,
2016 (pages 7-8, an appeal regarding new Single Family Residence with an attached secondary
dwelling unit in the S-Overlay Zone that includes a height and setback exception) are accurate,
he wishes to clarify that the intent of his motion was to ensure that any exception would be
limited to moving the house further to penetrate into the street yard setback to mitigate some of
the impacts on the home.
Council Member Ashbaugh pulled Item 6 to report that he has corresponded with the Public
Works Department staff about the Sidewalk and Parkway Maintenance program.
ACTION: MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY COUNCIL
MEMBER CHRISTIANSON, CARRIED 5-0 to approve the Consent Calendar Items 3 thru 9,
with the removal of Item 6 to be considered at a future City Council Meeting.
3. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES
CARRIED 5-0 to waive reading of all resolutions and ordinances as appropriate.
4. MINUTES OF JANUARY 19 AND FEBRUARY 2, 2016
CARRIED 5-0 to approve the Minutes of the City Council meetings of January 19 and
February 2, 2016.
5. PARTICIPATION IN CALIFORNIA JOINT POWERS INSURANCE AUTHORITY
SIDEWALK MAINTENANCE AND ACCESSIBILITY PLANNING PROGRAMS
INCLUDING FUNDING ASSISTANCE
Council Member Ashbaugh noted that he has corresponded with the Public Works
Department staff about the Sidewalk and Parkway Maintenance program.
CARRIED 5-0 to:
1. Accept financial assistance for sidewalk deviation removals in the amount of $73,000
from the California Joint Powers Insurance Authority as part of a California Joint
Powers Insurance Authority master services agreement with Precision Concrete Cutting;
and
2. Accept financial assistance for updating of the City’s self -assessment and transition plan
in the amount of $21,500 from the California Joint Powers Insurance Authority as part of
their support of ensuring ongoing compliance with the Americans with Disabilities Act
(ADA).
6. FLEET REPLACEMENT ACCELERATION
No action taken. Item withdrawn by Staff.
7.a
Packet Pg. 211 Attachment: a - Minutes of March 15, 22, and 23, 2016 (1357 : Minutes of March 15, March 22 & 23, 2016)
San Luis Obispo City Council Minutes of March 15, 2016 Page 5
7. SLO TRANSIT VEHICLE REPLACEMENT BUDGET AUGMENTATION
CARRIED 5-0 to:
1. Approve a budget amendment to increase the budget for Transit Vehicle Replacement
Project Specification No. 91447 by $96,393; and
2. Amend the purchase order with Gillig Corporation in an amount not to exceed
$1,551,093 for three SLO Transit Vehicles.
8. RESOLUTION AUTHORIZING THE 2016-17 GRANT APPLICATION FOR
DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL
CARRIED 5-0 to:
1. Authorize the Police Department to submit a grant application to the Department of
Alcoholic Beverage Control for 2016-17 in an amount not to exceed $35,000; and
2. Adopt a Resolution No. 10699 (2016 Series) entitled “A Resolution of the City Council of
the City of San Luis Obispo, California, authorizing grant applications for funding provided
through the Department of Alcoholic Beverage Control to increase education and
enforcement programs focusing on regulating retail alcohol outlets,” and authorizing the
City Manager to enter into a contract with the State of California if funding is awarded; and
3. If the grant is awarded, authorize the City Manager to execute all grant related documents
and authorize the Finance Director to make the necessary budget adjustments upon the
award of the grant.
9. SCHEDULE OF CITY COUNCIL MEETINGS FOR 2016
CARRIED 5-0 to:
1. Reschedule the Regular City Council Meeting of June 7, 2016 to June 14, 2016; and
2. Reschedule the Regular City Council Meeting of July 5, 2016 to July 12, 2016.
BUSINESS ITEMS
10. POLICE DEPARTMENT FIVE -YEAR STRATEGIC PLAN 2016-2020
Police Chief Cantrell and Sargent Amoroso narrated a PowerPoint presentation entitled
“Police Department Five-Year Strategic Plan 2016-2020” and responded to City Council
inquires.
Public Comments:
Steve Delmartini, Police Chief Rountable, urged the City Council to consider improvements
to Police Department training and operational facilities.
7.a
Packet Pg. 212 Attachment: a - Minutes of March 15, 22, and 23, 2016 (1357 : Minutes of March 15, March 22 & 23, 2016)
San Luis Obispo City Council Minutes of March 15, 2016 Page 6
Mila Vujovich La-Barre, San Luis Obispo, spoke about the need for more education about
substance abuse and an intervention program and urged the City Council to work with the
school district to provide these services.
---End of Public Comments---
ACTION: By consensus, the City Council received and filed the Police Department’s Five-
Year Strategic Plan.
Mayor Marx recessed the meeting at 7:55 p.m.
Mayor Marx called the meeting to order at 8:06 p.m.
11. DEMOCRACY VOUCHER FUNDING FOR MUNICIPAL ELECTIONS
Michael Latner, Citizen’s Congress and Bill Ostrander presented a PowerPoint presentation
advocating for the Democracy Voucher program and funding for municipal elections.
Public Comments:
The following residents and representatives expressed support to Democracy Voucher
funding for municipal elections: Bob Shanbrom, San Luis Obispo, Debbie Peterson, Grover
Beach, Jeanne Blackwell, San Luis Obispo Grange #639, Donald Hedrick, San Luis Obispo,
Eric Veium, San Luis Obispo, Steve Barasch, San Luis Obispo.
---End of Public Comments---
The City Council discussed the citizen proposed “Ordinance to create a system of
Democracy Voucher funding for municipal elections.”
ACTION: MOTION BY VICE MAYOR CARPENTER, SECOND BY COUNCIL
MEMBER RIVOIRE, CARRIED 3-2 (COUNCIL MEMBER CHRISTIANSON AND
MAYOR MARX VOTING NO) to direct staff to return with a discussion of policy, legal
and operational issues regarding democracy voucher funding for municipal elections for the
2018 election cycle.
12. FULL ALLOCATION OF THE NACIMIENTO WATER PROJECT
Utilities Director Mattingly and Utilities Deputy Director Floyd presented the contents of
the report and responded to City Council inquiries.
Public Comments:
The following San Luis Obispo residents shared concerns about impacts to water resources
as a result of the drought, growth and development, and climate change: Allan Cooper, Bob
Shanbrom, Donald Hedrick, Mila Vujovich-La Barre and David Brodie.
---End of Public Comments---
7.a
Packet Pg. 213 Attachment: a - Minutes of March 15, 22, and 23, 2016 (1357 : Minutes of March 15, March 22 & 23, 2016)
San Luis Obispo City Council Minutes of March 15, 2016 Page 7
ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY
COUNCIL MEMBER ASHBAUGH, CARRIED 5-0 to adopt a Resolution No. 10700 (2016
Series) entitled “A Resolution of the City Council of the City of San Luis Obispo,
California, adopting an addendum to the final Environmental Impact Report for the
Nacimiento Water Project and authorizing an Amendment No. 3 to the Nacimiento Project
Water Delivery Entitlement Contract reflecting an additional allocation of water to the
City.”
13. SUPPORT OF THE NATIONAL REVENUE-NEUTRAL CARBON FREE
DIVIDEND ACT
Assistant City Manager/Interim Finance and Information Technology Director Johnson
presented the staff report.
Public Comments:
San Luis Obispo residents Don Hedrick and Enrique Iversexpressed concern about
information provided regarding the National Revenue-Neutral Carbon Free Dividend Act.
The following San Luis Obispo residents expressed support for the National Revenue-
Neutral Carbon Free Dividend Act: Sandy Simon, San Luis Obispo, Mike Segor, San Luis
Obispo, and Steve Hansen, San Luis Obispo.
---End of Public Comments---
ACTION: MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY COUNCIL
MEMBER CHRISTIANSON, CARRIED 5-0 to adopt a Resolution No. 10701 (2016
Series) as amended, entitled “A Resolution of the City Council of the City of San Luis
Obispo, California, regarding the National Revenue-Neutral Carbon Fee and Dividend
Program.”
14. 2016 LEGISLATIVE PLATFORM
ACTION: MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY COUNCIL
MEMBER CHRISTIANSON, CARRIED 5-0 to:
1. Adopt a Resolution No. 10702 (2016 Series) entitled “A Resolution of the City Council
of the City of San Luis Obispo, California, establishing the City Legislative Action
Platform for 2016 and appointing the Council Member and staff person to act as liaison
between the City of San Luis Obispo and the League of California Cities” as amended,
including an addition to the Economic Development section as follows: “28. Supporting
factual analyses of impacts and associated mitigations for losses of major regional
employers that provide significant head of household jobs.”
2. Direct staff to limit the application of the platform to legislative action and restrict use of
the platform as a basis for advocacy for or against particular projects or adjudicative acts
before other jurisdictions’ governing bodies.
7.a
Packet Pg. 214 Attachment: a - Minutes of March 15, 22, and 23, 2016 (1357 : Minutes of March 15, March 22 & 23, 2016)
San Luis Obispo City Council Minutes of March 15, 2016 Page 8
3. Appoint the Mayor, City Attorney and City Manager to act as the primary legislative
liaisons between the League of California Cities and the City of San Luis Obispo.
LIAISON REPORTS
Mayor Marx reported on her attendance in Sacramento for the Central Coast Coalition
Legislative Day in her capacity as Chair for the San Luis Obispo Council of Governments
(SLOCOG). The expenses associated with her attendance were paid by the San Luis Obispo
Council of Governments.
COUNCIL COMMUNICATIONS
There were no communications provided at this time.
ADJOURNMENT
The City Council Meeting adjourned at 10:57 p.m. to a Special Meeting to be held on Tuesday,
March 22, 2016 at 1:30 p.m. in the Council Hearing Room, located at 990 Palm Street, San Luis
Obispo, for the purpose of conducting a closed session to evaluate appointed officials.
A subsequent Special Meeting will be held on Wednesday, March 23, 2016 at 1:30 p.m. in the
Council Hearing Room, located at 990 Palm Street, San Luis Obispo, California, for the purpose
of conducting a closed session to evaluate appointed officials.
The next Regular City Council Meeting is scheduled for Tuesday, April 5, 2016 at 6:00 p.m., in
the Council Chamber, respectively, in the Council Chamber, 990 Palm Street, San Luis Obispo,
California.
__________________________
John Paul Maier, CMC
Assistant City Clerk
APPROVED BY COUNCIL: XX/XX/2016
7.a
Packet Pg. 215 Attachment: a - Minutes of March 15, 22, and 23, 2016 (1357 : Minutes of March 15, March 22 & 23, 2016)
Tuesday, March 22, 2016
Special Meeting of the City Council
CALL TO ORDER
A Special Meeting of the San Luis Obispo City Council was called to order on Tuesday, March
22, 2016 at 1:30 p.m. in the Council Hearing Room, located at 990 Palm Street, San Luis
Obispo, California, by Mayor Marx.
ROLL CALL
Council Members
Present: Council Members John Ashbaugh*, Carlyn Christianson, Dan Rivoire, Vice
Mayor Dan Carpenter, and Mayor Jan Marx
*Council Member Ashbaugh arrived at 1:33 p.m.
Council Members
Absent: None
Staff
Present: Jon Ansolabehere, Assistant City Attorney; John Paul Maier Assistant City Clerk;
Monica Irons, Director of Human Resources were present at Roll Call.
PUBLIC COMMENT ON CLOSED SESSION
Assistant City Attorney Ansolabehere called for public comment. There was no one present to
speak on Closed Session Items.
CLOSED SESSION
A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code § 54957(b)(1)
Public Employees: City Manager, City Attorney
CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code § 54957.6
Agency Negotiators: Mary Egan, John Shannon, Monica Irons
Public Employees: City Manager, City Attorney
REPORT ON CLOSED SESSION
Assistant City Attorney Ansolabehere reported that no reportable action was taken during the
Closed Session.
7.a
Packet Pg. 216 Attachment: a - Minutes of March 15, 22, and 23, 2016 (1357 : Minutes of March 15, March 22 & 23, 2016)
San Luis Obispo City Council Minutes of March 22, 2016 Page 2
ADJOURNMENT
The City Council adjourned to a Special City Council Meeting to be held on Wednesday, March
23, 2016 at 1:30 p.m., in the Council Hearing Room, 990 Palm Street, San Luis Obispo,
California, for the purpose of continuing a closed session to evaluate appointed officials.
The next regular meeting is scheduled for Tuesday, April 5, 2016 at 6:00 p.m., in the Counci l
Chamber, 990 Palm Street, San Luis Obispo, California.
__________________________
John Paul Maier, CMC
Assistant City Clerk
APPROVED BY COUNCIL: XX/XX/2016
7.a
Packet Pg. 217 Attachment: a - Minutes of March 15, 22, and 23, 2016 (1357 : Minutes of March 15, March 22 & 23, 2016)
Wednesday, March 23, 2016
Special Meeting of the City Council
CALL TO ORDER
A Special Meeting of the San Luis Obispo City Council was called to order on Wednesday,
March 23, 2016 at 1:30 p.m. in the Council Hearing Room, located at 990 Palm Street, San Luis
Obispo, California, by Mayor Marx.
ROLL CALL
Council Members
Present: Council Members John Ashbaugh, Carlyn Christianson, Dan Rivoire, Vice Mayor
Dan Carpenter, and Mayor Jan Marx
Council Members
Absent: None
Staff
Present: Jon Ansolabehere, Assistant City Attorney; John Paul Maier Assistant City Clerk;
Monica Irons, Director of Human Resources were present at Roll Call.
PUBLIC COMMENT ON CLOSED SESSION
Assistant City Attorney Ansolabehere called for public comment. There was no one present to
speak on Closed Session Items.
CLOSED SESSION
A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code § 54957(b)(1)
Public Employees: City Attorney
CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code § 54957.6
Agency Negotiators: Mary Egan, John Shannon, Monica Irons
Public Employees: City Attorney
B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code § 54957(b)(1)
Public Employees: City Manager
CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code § 54957.6
Agency Negotiators: Mary Egan, John Shannon, Monica Irons
Public Employees: City Manager
7.a
Packet Pg. 218 Attachment: a - Minutes of March 15, 22, and 23, 2016 (1357 : Minutes of March 15, March 22 & 23, 2016)
San Luis Obispo City Council Minutes of March 23, 2016 Page 2
REPORT ON CLOSED SESSION
Assistant City Attorney Ansolabehere reported that no reportable action was taken during the
Closed Session.
ADJOURNMENT
The next regular City Council Meeting is scheduled for Tuesday, April 5, 2016 at 6:00 p.m., in
the Council Chamber, 990 Palm Street, San Luis Obispo, California.
__________________________
John Paul Maier, CMC
Assistant City Clerk
APPROVED BY COUNCIL: XX/XX/2016
7.a
Packet Pg. 219 Attachment: a - Minutes of March 15, 22, and 23, 2016 (1357 : Minutes of March 15, March 22 & 23, 2016)
Meeting Date: 5/17/2016
FROM: Lee Price, MMC, Interim City Clerk
SUBJECT: NOVEMBER 8, 2016 REGULAR MUNICIPAL ELECTION
RECOMMENDATION:
1. Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis
Obispo, California, calling and giving notice of the holding of a General Municipal Election
to be held on Tuesday, November 8, 2016, for the election of certain officers as required by
the provisions of the City Charter and adopting regulations for Candidates’ Statements; and
2. Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis
Obispo, California, requesting the San Luis Obispo Board of Supervisors to consolidate the
General Municipal Election on Tuesday, November 8, 2016, with the Statewide General
Election to be held on that date.”; and
3. Confirm the setting of a Special Meeting on Thursday, December 1, 2016 at twelve o’clock
noon to adopt a Resolution certifying the results of the election and to administer oaths of
office to the newly elected Mayor and Council Members.
DISCUSSION
The City Council is being requested to call a General Municipal Election to be held on
November 8, 2016 for the election of two (2) members of Council and the Mayor. Adoption of
these resolutions will set regulations for candidate statements, request consolidation of the
election with the County and authorize the County Clerk/Elections Department to canvass the
returns and provide other services relating to the conduct of the election. Pursuant to Section
404 of the City Charter, the Council is also being asked to confirm the scheduling of a special
meeting on Thursday, December 1, 2016 at twelve o’clock noon for the purpose of seating the
newly elected Mayor and City Council Members.
Pursuant to Section 302 of the City Charter, the City’s General Municipal Election to fill elective
offices shall be held on the first Tuesday, after the first Monday, in November of even-numbered
years. California Election Code establishes procedures and requirements for conducting a General
Municipal Election. In addition, State Elections Code §13307 contain provisions related to the
printing, distribution and estimated costs of candidates' statements in the voters’ sample ballot.
Two resolutions are required to facilitate the conduct of the City’s November 8, 2016, General
Municipal Election:
8
Packet Pg. 220
1. Calling the Election. The resolution calling the election authorizes the City Clerk and the
County Clerk/Elections Department to conduct a consolidated election and includes provisions
related to candidates' statements. The resolution allows for the filing of a candidate's statement
of no more than 200 words and specifies that candidates pay the costs for including the
statements in the voters’ sample ballot. The estimate for printing a candidate's statement in the
ballot pamphlet is approximately $640 per statement.
2. Requesting Consolidation. The resolution requesting consolidation allows the City to combine
its election with the statewide election and avoid duplication of printing and mailing of sample
ballots, computer tabulation, precinct workers and canvassing results. Other requirements,
including issuing and accepting nomination papers and other legal advertising as is required by
the City's Election Campaign Regulations will be performed by the City Clerk. All filings,
including Candidates' Statements of Qualifications, Statements of Economic Interests, and
Campaign Disclosure Statements, will be administered through the City Clerk's Office.
FISCAL IMPACT
The cost of the election will be influenced by the number of candidates filing for elected office. It is
estimated that the election will cost approximately $50,000. The 2016-2017 Supplemental Budget
includes resources in the City Clerk’s program to pay those costs.
Attachments:
a - Resolution Calling Election
b - Resolution Consolidating Election
8
Packet Pg. 221
R ______
RESOLUTION NO. _____ (2016 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, CALLING AND GIVING NOTICE OF THE
HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD
TUESDAY, NOVEMBER 8 , 2016, FOR THE ELECTION OF CERTAIN
OFFICERS AS REQUIRED BY THE PROVISIONS OF THE CITY
CHARTER AND ADOPTING REGULATIONS FOR CANDIDATES'
STATEMENTS
WHEREAS, under the provisions of the San Luis Obispo City Charter Section 302,
a General Municipal Election shall be held on Tuesday, November 8 , 2016, for the election
of Municipal Officers.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Luis
Obispo as follows:
SECTION 1. Pursuant to Section 302 of the City Charter, a General Municipal
Election shall be held on Tuesday, November 8 , 2016, for the purpose of electing a Mayor
for the full term of two years and two Council Members for the full term of four years each.
SECTION 2. That the ballots to be used at the election shall be in form and content
as required by law.
SECTION 3. That the City Clerk is authorized, instructed and directed to coordinate
with the San Luis Obispo County Clerk/Elections Department to procure and furnish any and all
official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be
necessary in order to properly and lawfully conduct the election.
SECTION 4. That the polls for the election shall be open at seven o’clock a.m. of the
day of the election and shall remain open continuously from that time until eight o’clock p.m. of
the same day when the polls shall be closed, pursuant to Elections Code Section 10242, except as
provided in Section 14401 of the Elections Code of the State of California.
SECTION 5. That pursuant to Elections Code Sections 13307 and 13308, each
candidate for elective office may prepare a Candidate Statement of Qualification on an
appropriate form provided by the City Clerk.
A. The statement may include the name, age and occupation of the candidate and a brief
description of no more than 200 words of the candidate’s education and qualifications
expressed by the candidate himself or herself.
B. The statement shall not include party affiliation of the candidate, membership or
activity in partisan political organizations, and shall not in any way make reference to
other candidates for the same office or to another candidate’s qualifications,
character, or activities.
8.a
Packet Pg. 222 Attachment: a - Resolution Calling Election (1348 : November 2016 Election)
Resolution No. (2016 Series) Page 2
R ______
C. The statement shall be filed in typewritten form in the Office of the City Clerk at the
time the candidate’s nomination papers are filed.
D. The statement may be withdrawn, but not changed, during the period for filing
nomination papers and until 5:00 p.m. of the next working day after the close of the
nomination period.
E. Pursuant to Elections Code Section 13313, the statement shall remain confidential
until after the close of the nomination period and will be available for public
examination for no less than 10 days after the close of nominations. Any challenges
to a statement must be made during this 10-day period.
SECTION 6. Pursuant to the Federal Voting Rights Act, candidate statements will be
translated into all languages required by the County of San Luis Obispo . The County will print
and mail sample ballots and candidates’ statements to all voters in English and in Spanish.
SECTION 7. Each candidate who files a Candidate Statement of Qualifications will be
required to pay an estimated deposit at the time the statement is filed to cover the cost of the
printing and handling. The estimated deposit amount is an approximation of the actual cost and
may be significantly more or less than the estimate, depending on the actual number of
candidates filing statements. Accordingly, the City Clerk is not bound by the estimate and will
bill the candidate for additional actual expense or refund any excess amount paid depending on
the final actual cost.
SECTION 8. That the City Clerk shall provide each candidate or the candidate’s
representative a copy of this resolution at the time nomination papers are issued.
SECTION 9. That the City Clerk is hereby directed to file a certified copy of this
resolution with the County Clerk-Recorder.
SECTION 10. That the City Clerk shall certify to the passage and adoption of this
resolution.
On motion of , seconded by , and on the following
roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this day of 2016.
Mayor Jan Marx
ATTEST:
8.a
Packet Pg. 223 Attachment: a - Resolution Calling Election (1348 : November 2016 Election)
Resolution No. (2016 Series) Page 3
R ______
Lee Price, MMC
Interim City Clerk
APPROVED AS TO FORM:
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San
Luis Obispo, California, this ______ day of ______________, _________.
______________________________
Lee Price, MMC
Interim City Clerk
8.a
Packet Pg. 224 Attachment: a - Resolution Calling Election (1348 : November 2016 Election)
R ______
RESOLUTION NO. _____ (2016 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
LUIS OBISPO, CALIFORNIA, REQUESTING THE SAN LUIS OBISPO
COUNTY BOARD OF SUPERVISORS TO CONSOLIDATE THE
GENERAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 8 , 2016,
WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THAT
DATE
WHEREAS, the City Council of the City of San Luis Obispo has called a General
Municipal Election to be held on November 8 , 2016, for the purpose of the election of a Mayor
and two Members of the City Council; and
WHEREAS, Section 302 of the City Charter establishes November of even-numbered
years as the date for conducting the City's General Municipal Election; and
WHEREAS, it is desirable that the General Municipal Election be consolidated with
the Statewide General Election to be held on the same date and that within the City the
precincts, polling places and election officers of the two elections be the same, and that the San
Luis Obispo County Clerk/Elections Department canvass the returns of the General Municipal
Election and that the election be held in all respects as if there were only one election.
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of San Luis
Obispo does declare, determine and order as follows:
SECTION 1. Pursuant to the requirements of the Section 10403 of the Elections Code, the
Board of Supervisors of the County of San Luis Obispo is hereby requested to consent and
agree to the consolidation of the General Municipal Election with the Statewide General Election to
be held on Tuesday, November 8 , 2016 for the purpose of the election of a Mayor and two
Members of the City Council.
SECTION 2. The San Luis Obispo County Clerk/Elections Department is authorized to
canvass the returns of the General Municipal Election and declare the results thereof. The election
shall be held in all respects as if there were only one election, and only one form of ballot shall be
used.
SECTION 3. The Board of Supervisors is hereby requested to issue instructions to the
County Clerk/Elections Department to take any and, all steps necessary for the holding of said
General Municipal Election. The City recognizes that additional costs will be incurred by the
County by reasons of this consolidation and agrees to reimburse the County for any costs.
SECTION 4. The City Clerk is hereby directed to file a certified copy of this
resolution with the County Clerk-Recorder.
8.b
Packet Pg. 225 Attachment: b - Resolution Consolidating Election (1348 : November 2016 Election)
Resolution No. (2016 Series) Page 2
R ______
SECTION 5. That the City Clerk shall certify to the passage and adoption of this
resolution.
Upon motion of , seconded by , and on the
following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this day of 2016.
Mayor Jan Marx
ATTEST:
Lee Price, MMC
Interim City Clerk
APPROVED AS TO FORM:
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San
Luis Obispo, California, this ______ day of ______________, _________.
_____________________________
Lee Price, MMC
Interim City Clerk
8.b
Packet Pg. 226 Attachment: b - Resolution Consolidating Election (1348 : November 2016 Election)
Page intentionally left
blank.
Meeting Date: 5/17/2016
FROM: Deanna Cantrell, Chief of Police
Prepared By: Keith Storton, Police Captain
SUBJECT: 2016 U.S. DOJ FEDERAL BODY WORN CAMERA PROGRAM EXPANSION
AND IMPLEMENTATION GRANT
RECOMMENDATION
1. Authorize staff to pursue a grant application submitted to the U.S. Department of Justice,
Office of Justice Programs, Bureau of Justice Assistance, for federal fiscal years 2016-2018
in a total amount not to exceed $150,000, with the City providing a 50% match (no more
than $75,000) for body worn camera program expansion and implementation; and
2. Authorize the City Manager to execute the necessary grant documents, and appropriate the
grant amount into the Police Department’s budget upon grant award.
DISCUSSION
Recognizing the importance of building and sustaining positive community relationships, the San
Luis Obispo Police Department, prior to the release of this grant opportunity, had already entered
into a body worn camera (BWC) pilot program and embarked on a collaborative effort to create a
policy and program that was reflective of the agency and the community the Department serves.
In August of 2015 the department purchased ten body worn cameras, which were approved by
the City Manager with carry-over funds from the 2014-15 budget. Additionally, as part of
Council’s adoption of the 2015-2017 Financial Plan, a capital improvement project was
approved to seek funding to support a permanent BWC program. The department is seeking
grant opportunities as directed.
Grant Details
In late March of 2016, staff received notification of the availability of a federal grant to fund the
purchase of additional BWCs. Successful applicants will develop and implement policies and
practices for the effective adoption of a program. The police department has collaborated with
department staff, impacted employee associations, Finance & Information Technology, the District
Attorney’s Office, the Public Defender’s Office, the media, the City Attorney and other law
enforcement agencies to create a policy and implement a pilot program that meets the needs of our
community.
Funds for the expansion of existing programs will be used for cameras and the associated
hardware, software licenses, and contractual agreements directly related to the program
9
Packet Pg. 227
expansion. Funds will not be used for extended maintenance or support services for existing
resources.
The grant application deadline is Wednesday, April 27, 2016. Due to the delayed awareness of
the grant and timeliness considerations, staff timely submitted the application prior to receiving
City Council approval. Should Council not support the submittal of the effort, staff would
withdraw the application.
FISCAL IMPACT
Per the grant application, the agency is required to match the total grant funding request. The City’s
match will come from available funding in the Board of State and Community Corrections (BSCC)
Funds account. These funds have been awarded to the City (along with other municipalities in our
County) annually since FY 2013; the state designated a total of $24 million to municipal police
departments to support front line intervention services. Council approved these grant funds from
the BSCC on April 2, 2013. At this time, the balance in this account is $92,493.
Item Grant Funding City Match
Wearable Body Cameras (50) $59,750
Network Switch (15) $2,925
Charging Bases (15) $3,000
Ethernet Transfer Station (3) $4,485
Device Licenses (26) $3,900
Data Storage $35,710
Installation $2,250
Third Year Extended Warranty $27,500
Device Licenses (24) $3,600
BWC PIP Training for Staff $5,000
Total Requested $74,060 $74,060
BSCC Funds Acct. 600.2466 Current Balance
$92,493
City Match (74,060)
Balance $18,433
9
Packet Pg. 228
ALTERNATIVE
Council may direct staff to withdraw the application for federal grant funding. Staff does not
recommend this alternative, as the funding will enhance the Police Department’s ability to expand
its existing BWC program, benefitting public transparency and positive community relationships.
Attachments:
a - 80200 Police Body Worn Cameras & Video Storage
9
Packet Pg. 229
PUBLIC SAFETY
POLICE BODY WORN CAMERAS & VIDEO STORAGE
Project Description
Purchasing body worn cameras for police field personnel and additional video storage will cost $69,000 in FY 2016-17.
Maintenance/Replacement New project Fleet Replacement New Fleet Request
Council Goal / Measure Y Priority - List:
Need and Urgency
Many citizens have the ability to capture photographs or video images immediately. Often these images are transferred to others or viewed through a social media
provider for others to see. Frequently enough images have been captured showing police officers and their encounters with citizens. Although most interactions
police have with their communities are professional and non-confrontational at times images have shown officers engaged in acts of violence or perceived
questionable circumstances. Although officer(s) were acting appropriately and within department policies, none the less, these images can be concerning and even
disturbing depending on the perspective.
Police Departments across the nation have either implemented or are looking into implementing body worn camera programs for their field personnel. Scrutiny of
an officer(s) and their actions in the field are often called into question. Frequently enough accusations are made against police personnel ranging from excessive
force to unprofessional behavior. In many instances these interactions may not be captured on audio or video and there is difficulty in assessing a true
understanding of the situation. Sometimes these contacts may be captured by a video device but they only offer a single perspective of a much larger incident.
Sometimes these images are from a distance, grainy or unfocused creating even greater obstacles as viewers assess or try to fill in the blanks of a given encounter.
By providing field personnel with body worn cameras a visual and audio perspective is documented from the officer’s point of view. The body worn camera is just
a single tool in the assessment of an incident, however, coupled with police radio traffic, phone calls, in-car video, statements and other evidence it is obvious
video footage is an important piece of the overall puzzle. Allowing officers the ability to provide this video perspective from most places where they are allowed to
be and perform their duty is critical as citizens look to departments to enhance accountability and transparency.
In 2010 the City of Rialto PD (twice the size of San Luis Obispo PD) conducted a study involving the deployment of body worn cameras with police personnel.
Over the course of a year there was a reduction of officer use of force incidents by 60% and a reduction of complaints against the police by 88%. Similar numbers
were posted in the second year of the study. Rialto Police Chief Farrar oversaw the study and at the conclusion stated, “Whether the reduced number of complaints
was because of the officers behaving better or the citizens behaving better-well, it was probably a little bit of both.” Many agencies that have gone to the use of
body worn cameras have experienced similar results.
Police supervisors and managers expend a great deal of time trying to examine use of force incidents and resolve citizen complaints. Many agencies allow
complainants of officer conduct to view recorded footage. After viewing the footage the complaints are dropped and the need to continue with an involved
9.a
Packet Pg. 230 Attachment: a - 80200 Police Body Worn Cameras & Video Storage (1328 : 2016 Federal Body Worn
PUBLIC SAFETY
POLICE BODY WORN CAMERAS & VIDEO STORAGE
investigation is negated. Some complaints have been determined to be founded and provide managers with important evidence to move forward with the
appropriate discipline or training depending on the circumstances. The same can be said for use of force incidents.
Pilot Program
In preparation of deploying body worn cameras to field personnel the department has been approved by the City Manager to utilize carry over funds from FY 13-
14 in the amount $15,000 to implement a pilot program to test, evaluate, prepare policy and purchase a limited number of cameras for long term testing. The pilot
program will be implemented in four phases:
Phase One:
The first phase will include stakeholder outreach (i.e. the police unions, management, the Chief’s roundtable, Finance and IT) for policy/procedure development.
Phase Two:
The second phase will include research, testing and evaluation of available body worn technology and products. Phases one and two have been initiated and are
expected to last approximately four months from January 2015 through April of 2015.
Phase Three:
Based upon the results of outreach and testing the department will use carry over funds to purchase 10-15 body worn cameras. With an estimated start date of July
1, 2015 these cameras will be assigned to selected field personnel for a one year trial period. This evaluation period will allow the department to analyze
effectiveness, modify policy as needed, evaluate storage needs, and examine retention policies. Phase three will allow the department to transition into phase four
with a broader understanding of the overall expectations and impacts of deploying body worn cameras for all field personnel.
Phase Four:
Phase four includes the completion and submission of this CIP request for fiscal year 2016-17 to purchase additional body worn cameras for the remaining field
personnel in the department to further develop a more robust body worn camera program.
Network Services is looking into storage solutions as the video storage needs of the department will increase. It is estimated that the department will need
approximately 60 Terabytes of storage to store the 30 months of video as mandated by the City Video Policy.
Staff is requesting to purchase 45 body worn cameras for an estimated amount of $45,000; additionally, the storage (as described above) will cost an estimated
$24,000.
Readiness to Build
Study complete or n/a
Equipment purchased or n/a
9.a
Packet Pg. 231 Attachment: a - 80200 Police Body Worn Cameras & Video Storage (1328 : 2016 Federal Body Worn
PUBLIC SAFETY
POLICE BODY WORN CAMERAS & VIDEO STORAGE
Property owned or property agreement in place n/a
Environmental approval and permits complete or n/a
Specifications or construction documents complete n/a
IT Steering Committee reviewed the Body Worn Camera proposal
Environmental Review and Permits Required
Environmental Review n/a
Building Permit n/a
Waterway Permits (Fish & Game, Water Quality, Army Corps) n/a
Railroad n/a
Other: (Enter the title and agency of any other needed permits) n/a
Operating Program Number and Title:
80100
Project Phasing and Funding Sources
Continuing, ongoing or master account project - Specification No.
Initial Project Costs by Phase
Budget to Date 2015-16 2016-17 2017-18 2018-19 2019-20 Total
Equipment Acquisition $69,000 $69,000
Total $0 $0 $69,000 $0 $0 $0 $69,000
Budget to Date 2015-16 2016-17 2017-18 2018-19 2019-20 Total
Maintenance materials $1,500 $1,500 $1,500 $4,500
Total $0 $0 $0 $1,500 $1,500 $1,500 $4,500
Ongoing Costs by Type
Detail of ongoing costs and alternatives to ongoing costs including return on investment information:
There have been discussions at the Federal level to provide grant opportunities to communities to initiate body worn camera programs, however, at this time funds
have not been devoted for this purpose. Additionally, locally some funds may be available to assist with the purchase of cameras through County Realignment
funds, however, discussions will need to take place amongst the various SLO County and City agency representatives to determine how and when these funds are
expended. The Department will monitor options at the federal, state and local level to determine alternative methods of funding should they arise.
9.a
Packet Pg. 232 Attachment: a - 80200 Police Body Worn Cameras & Video Storage (1328 : 2016 Federal Body Worn
PUBLIC SAFETY
POLICE BODY WORN CAMERAS & VIDEO STORAGE
Network Services determined the annual ongoing costs based on what staff expects to expend on drives annually.
Anticipated Facility Life Span: 3 – 5 years
Budget to Date 2015-16 2016-17 2017-18 2018-19 2019-20 Total
General Fund $69,000 $69,000
Total $0 $0 $69,000 $0 $0 $0 $69,000
Project Funding by Source
Reduced / Enhanced Project Alternatives
Alternate project is feasible or advantageous – Cost of alternative project: The department could purchase fewer cameras to reduce equipment costs and
storage needs; however, not all field personnel would have the ability to capture important video information.
Project can be phased – Number of years for phasing:
Project Team
Assignment Program Estimated Hours
Project Proponent Police Department 20
Project Manager Police Department 40
Project Integration & Support Network Services 80
9.a
Packet Pg. 233 Attachment: a - 80200 Police Body Worn Cameras & Video Storage (1328 : 2016 Federal Body Worn
Page intentionally left
blank.
Meeting Date: 5/17/2016
FROM: Carrie Mattingly, Utilities Director
Dave Hix, Deputy Director - Wastewater
Prepared By: Jennifer Metz, Utilities Project Manager
SUBJECT: DESIGN SERVICES FOR CALLE JOAQUIN LIFT STATION
REPLACEMENT, SPEC. NO. 91133, CONTRACT AMENDMENT NO. 5
RECOMMENDATION
1. Approve a contract amendment of $13,089 for additional Design Services for the Calle
Joaquin Siphon and Lift Station Replacement, Spec. No. 91133; and
2. Adopt a Resolution approving a Mitigated Negative Declaration of Environmental Impact for
the Calle Joaquin Siphon and Lift Station Replacement.
DISCUSSION
Background
The Calle Joaquin Lift station and force main was put into service in 1967. A portion of the force
main was replaced in 2004 from the lift station on Calle Joaquin to the intersection of Calle
Joaquin and Los Osos Valley Road. An additional 2,700 feet of force main was replaced in 2015
prior to the start of the Los Osos Valley Road Interchange Project to mitigate impacts to the
construction schedule of the overpass. Construction documents for the Calle Joaquin lift station
replacement are approximately 90 percent complete and the project requires permits from
various environmental agencies.
The City’s contract with AECOM, entered into in 2011, in the amount of $390,800 was amended
by $67,939 in August 2012, by $3,900 in December 2012, and by $10,000 in March 2013 in
order to accommodate additional design and construction phase support work. In 2014, it was
amended by $10,954 to separate the force main construction from the siphon and lift station
replacement project. The attached contract amendment includes additions to the work scope to
have AECOM make necessary modifications to the alignment of the 101 crossing and add
landscape plans and specifications for the area surrounding the lift station.
Environmental Review
An Initial Study and Mitigated Negative Declaration was prepared by Sage Institute for the
project in accordance with the California Environmental Quality Act and noticed on April 9,
2016 (Attachment C). The project requires permits from Regional Water Quality Control Board,
California Department of Fish and Wildlife, and the Army Corps of Engineers for the installation
10
Packet Pg. 234
of the siphon under San Luis Obispo Creek, removal of invasive species (Arundo donax), and
dewatering at the lift station site.
FISCAL IMPACT
The Sewer Fund currently has a balance of $43,063 in Completed Projects to accommodate the
$13,089 funding request for this amendment.
CONCURRENCES
Natural Resources and the Community Development Department concur with this
recommendation
ALTERNATIVES
1. Elect not to approve the contract amendment. The City Council may elect not to approve
the contract amendment at this time. Council may select this alternative if it believes the lift
station replacement should be deferred. Staff does not recommend this alternative due to the
age of the lift station.
Attachments:
a - Amendment to Agreement No. 5
b - Resolution for Calle Joaquin Lift MND
c - Council Reading File - Calle Joaquin Initial Study_Final Sept-2015
10
Packet Pg. 235
AMENDMENT TO AGREEMENT NO. 5
THIS AMENDMENT TO AGREEMENT is made and entered in the City of San Luis Obispo on
_______________________, by and between the CITY OF SAN LUIS OBISPO, a municipal
corporation, herein after referred to as City, and AECOM, Inc., hereinafter referred to as Contractor.
WITNESSETH:
WHEREAS, on November 15, 2011 the City entered into an Agreement with Contractor for
Engineering Design Services per Specification No. 91133 and
WHEREAS, the City desires to amend the scope of services to include additional Engineering
Design Services and Contractor has submitted a proposal for this purpose that is acceptable to the City.
NOW THEREFORE, in consideration of their mutual promises, obligations and covenants
hereinafter contained, the parties hereto agree as follows:
1. The scope of services and related compensation is hereby amended as set forth in Exhibit
A attached hereto for additional engineering design work for the Calle Joaquin Lift
Station Replacement, at cost not to exceed $13,089 per memorandum dated March 14,
2016.
2. All other terms and conditions of the Agreement remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day
and year first written above.
ATTEST: CITY OF SAN LUIS OBISPO
____________________________________ By:____________________________________
Lee Price, City Clerk Jan Marx, Mayor
APPROVED AS TO FORM: CONTRACTOR
_____________________________________ By:____________________________________
Christine Dietrick, City Attorney Ben Horn, AECOM, Inc.
10.a
Packet Pg. 236 Attachment: a - Amendment to Agreement No. 5 (1329 : Calle Joaquin Siphon Lift Station Contract Amendment)
AECOM
2400 Professional Parkway
Suite 100
Santa Maria CA 93455
www.aecom.com
805 938 0855 tel
805 938 0047 fax
March 14, 2016
Jennifer Metz
City of San Luis Obispo
879 Morro Street
San Luis Obispo, CA 93401
Dear Jennifer,
Calle Joaquin Lift Station Replacement Scope Amendment
Background
The City of San Luis Obispo (City) has requested AECOM amend our currently authorized Scope of
Work to realign the 30-inch casing and 12-inch gravity sewer that is planned for installation beneath
Highway 101. The City has also requested that AECOM perform additional work to provide plans and
specifications for landscaping around the proposed lift station. Due to an extended delay in the
project progression, additional work for project restart is also included.
SCOPE OF WORK
This Scope Amendment includes the following tasks:
TASK GROUP 1: Project Management, Coordination, and Restart
Task 1.1: Project Meetings
AECOM will attend one (1) additional progress and coordination meeting during the design phase of
the project. The purpose of the meeting will be to discuss issues related to the realignment with the
City.
Task 1.2: Project Management
AECOM will provide additional project management and coordination with the City’s Project Manager.
Task 1.3: Project Restart
AECOM will expend additional effort to bring staff back up to speed on project status and restart the
completion of the design.
TASK GROUP 2: Modifications to the Calle Joaquin Lift Station Construction Documents
Task 2.1: Revisions to Highway 101 Crossing
10.a
Packet Pg. 237 Attachment: a - Amendment to Agreement No. 5 (1329 : Calle Joaquin Siphon Lift Station Contract Amendment)
2
AECOM will revise the Calle Joaquin Lift Station plans to realign the 30-inch casing that is proposed
to cross Highway 101. These modifications include changes to the civil plans. These modifications
will be incorporated with the Calle Joaquin Lift Station deliverables under the previously authorized
scope of work.
Deliverables:
• No deliverable under this amendment; revisions will be incorporated with Calle Joaquin Lift
Station deliverables.
Task 2.2: Landscaping Plans and Specifications
The City has requested that landscaping and irrigation be incorporated into the design of the Calle
Joaquin Lift Station. The landscaping and irrigation system
AECOM will revise the Calle Joaquin Lift Station plans, specifications, and cost opinion to include the
landscape and irrigation components of the project. These modifications include changes to the
specifications, title sheet, sheet index and layout, general sheets, and plans. Also includes Designs,
calculations and documentation for compliance with the agency’s adopted Water Efficient Landscape
Ordinance or the State model ordinance (CCR Title 23 Chapter 2.7) for a landscape plan submittal
including:
• Water Efficient Landscape Worksheet
• Soil Management Plan
• Identify stormwater management practices applicable to this scope of services
Deliverables:
• Incorporated with Calle Joaquin Lift Station deliverables
Additional Engineering Services
If requested by City, AECOM will provide the following additional services, beyond the services
included in our Scope of Work, on a time and materials basis based on the current rate schedule:
A. Attendance to additional meetings beyond those specifically identified.
B. Planning, analysis or design of additional or alternative facilities, including facilities offsite
from the proposed project site.
C. Services associated with prequalification of contractors other than as specifically defined
herein.
D. Any additional project-related services not specifically included in Scope of Work.
Client Furnished Services
The following services or information will be provided by City or its consultants:
A. Information for inclusion in the cost opinion and/or bid item descriptions on project
components not being prepared by AECOM.
B. Copies of all relevant reports, studies, drawings, correspondence, and other relevant
project information or data. We have assumed that the City will provide all relevant
planning information identifying existing and future design flows for both lift stations.
10.a
Packet Pg. 238 Attachment: a - Amendment to Agreement No. 5 (1329 : Calle Joaquin Siphon Lift Station Contract Amendment)
3
Schedule
No changes.
Budget
AECOM’s budget for the scope items described above is $13,089, and will not be exceeded unless
additional authorization is requested and granted by the City in writing. AECOM’s fee and costs will
be invoiced on a Time and Materials basis.
These services will be provided according to the terms and conditions defined in the Agreement
between the City and AECOM for Design Services for the Calle Joaquin and Laguna Lift Station
Replacement project, dated Nov. 15, 2011. Scope and deliverables for this work will be as described
above.
We anticipate this proposed scope of work meets your expectations. Please indicate your
authorization by signing in the space provided below, and return this request, or contact me if the City
requires revisions to the proposed scope of work.
Sincerely,
___________________________
Tyler Hunt, PE
Project Manager
___________________________
Ben Horn, PE
Managing Engineer
Client Authorization
___________________________________
Signed:
Title:
Date:
Enclosed:
Scope Amendment Budget
AECOM Fee Schedule (2011)
10.a
Packet Pg. 239 Attachment: a - Amendment to Agreement No. 5 (1329 : Calle Joaquin Siphon Lift Station Contract Amendment)
Scope Amendment Budget
Design Services for City of San Luis Obispo
Amendment No. 5 Utilities Department
Personnel Hours Budget
Task Description
PrincipalEngineerSeniorEngineerIAssociateEngineerDesignCADDOperatorTotalHoursLaborNon-LaborSubconsultantTotalNon-LaborTotalTask 1 - Project Management, Coordination, and Restart
1.1 Project Meetings (1 meeting)2 2 310$25$25$335$
1.2 Project Management 8 8 1,240$99$99$1,339$
1.3 Project Restart 12 4 4 20 2,820$226$226$3,046$
Subtotal -22 4 4 30 4,370$350$-$350$4,720$
Task 2 - Modifications to Lift Station Construction Documents
2.1 Revisions to Highway 101 Crossing 6 4 14 24 2,990$239$239$3,229$
2.2 Landscaping Plans and Specifications 4 8 12 1,500$440$3,200$3,640$5,140$
Subtotal -10 4 22 36 4,490$679$3,200$3,879$8,369$
Total -32 8 26 66 8,860$1,029$3,200$4,229$13,089$
3/14/2016 Page 1 of 1
10.a
Packet Pg. 240 Attachment: a - Amendment to Agreement No. 5 (1329 : Calle Joaquin Siphon Lift Station Contract
Exhibit B
2011 - Traditional - FEES (Eff 1-1-11).docx
AECOM
FEE SCHEDULE FOR PROFESSIONAL SERVICES
Effective January 1, 2011
Engineers, Planners, Architects, Scientists:
Assistant I $ 100.00 per hour
Assistant II $ 110.00 per hour
Associate $ 130.00 per hour
Senior I $ 155.00 per hour
Senior II $ 165.00 per hour
Managing Engineer
Principal
$
$
185.00 per hour
210.00 per hour
Construction Administration Personnel:
Resident Project Representative $ 115.00 per hour
Senior Resident Project Representative $ 125.00 per hour
Resident Engineer $ 150.00 per hour
Construction Services Manager $ 200.00 per hour
Technical Support Staff:
Clerical/General Office $ 75.00 per hour
Drafter/CADD Technician $ 72.00 per hour
Assistant CADD Operator $ 84.00 per hour
Designer/CADD Operator $ 95.00 per hour
Senior Designer/Design CADD Operator $ 110.00 per hour
Design/CADD Supervisor $ 125.00 per hour
General Project Expenses 1/ 8% of Labor
Direct Project Expenses
Other Reproduction (8 1/2 x11/11x17 Color) $1.15/1.50 per page
Plan Sheet Printing - In House Bond/Vellum/Mylar $3.00/4.00/7.00 per sheet
Subcontracted Services/Reproduction Cost + 10%
Subcontracted or Subconsultant Services Cost + 10%
Auto Mileage for Construction Phase Services $0.60 per mile
Travel & Subsistence (other than mileage) Cost
Miscellaneous Materials Cost + 10%
If authorized by the Client, an overtime premium multiplier of 1.5 may be applied to the billing rate of hourly
personnel who work overtime in order to meet a deadline which cannot be met during normal hours.
Applicable sales tax, if any, will be added to these rates. Invoices will be rendered monthly. Payment is due upon
presentation. A late payment finance charge of 1.5% per month (but not exceeding the maximum rate allowable
by law) will be applied to any unpaid balance commencing 30 days after the date of the original invoice.
Fee schedule is subject to change annually.
1/ Includes mail, telephone, fax, office photo copies, personal computers and mileage (except as noted).
10.a
Packet Pg. 241 Attachment: a - Amendment to Agreement No. 5 (1329 : Calle Joaquin Siphon Lift Station Contract Amendment)
R ______
RESOLUTION NO. (2016 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, APPROVING A MITIGATED NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT FOR THE CALLE
JOAQUIN LIFT STATION AND SIPHON PROJECT
WHEREAS, the City owns and operates a sewer facility referred to as the Calle Joaquin
lift station that is now at the end of its useful life and requires replacement; and
WHEREAS, the City owns and operates a sewer facility referred to as the Calle Joaquin
siphon under San Luis Obispo Creek that requires replacement; and
WHEREAS, an invasive species (Arundo donax) exists in the San Luis Obispo Creek
environment in an area that is currently inaccessible. As part of the lift station and siphon project,
the City will be removing this invasive species from San Luis Obispo Creek; and
WHEREAS, the San Luis Obispo City Council authorized a designer and other
consultants to prepare the plans and specifications and necessary documents for the replacement
of the lift station, siphon, and for removal of invasive species in the creek environment made
accessible during the siphon replacement; and
WHEREAS, the replacement of the Calle Joaquin lift station and siphon is consistent
with the City’s Wastewater Collection System Infrastructure Renewal Strategy and the Sewer
System Management Plan and the State adopted General Waste Discharge Requirements; and
WHEREAS, the project is consistent with other goals and policies of the General Plan;
and
BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows:
1. The attached Mitigated Negative Declaration (“MND”) for the Calle Joaquin lift
station and siphon project and each finding contained therein are hereby adopted in accordance
with the California Environmental Quality Act; and
2. The Calle Joaquin lift station and siphon project, along with the mitigation measures
and mitigation monitoring program set forth in the MND, is hereby approved and the Director of
Utilities, or his or her designee, is authorized to prepare, sign and file a Notice of Determination
with the County Clerk and/or State Office of Planning and Research, as applicable, within five
working days from the date of this Resolution
Upon motion of _______________________, seconded by _______________________,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
10.b
Packet Pg. 242 Attachment: b - Resolution for Calle Joaquin Lift MND (1329 : Calle Joaquin Siphon Lift Station Contract Amendment)
Resolution No. _______________ (2016 Series) Page 2
The foregoing resolution was adopted this _____ day of _____________________, 2016.
____________________________________
Mayor Jan Marx
ATTEST:
____________________________________
Lee Price, MMC
Interim City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this ______ day of ______________, _________.
______________________________
Lee Price, MMC
Interim City Clerk
10.b
Packet Pg. 243 Attachment: b - Resolution for Calle Joaquin Lift MND (1329 : Calle Joaquin Siphon Lift Station Contract Amendment)
Meeting Date: 5/17/2016
FROM: Michael Codron, Community Development Director
Prepared By: Doug Davidson, Community Development Deputy Director
Cori Ryan, Administrative Analyst
SUBJECT: AMENDMENT OF CONTRACT FOR CONSULTING SERVICES TO
CONTINUE PROCESSING THE SAN LUIS RANCH PROJECT
RECOMMENDATION
Authorize the Community Development Director to amend a contract with John F. Rickenbach
Consulting to include revised scope of work adding an additional $85,725 in cost for a total not
to exceed cost of $146,475 for Phase Two processing of the San Luis Ranch project.
DISCUSSION
Background
Due to record-high permit activity, the Community Development Department has been using
outside consultant assistance to augment staff resources and achieve its goals of timely response
to development applications. For San Luis Ranch, the Community Development Department
solicited proposals from qualified organizations to provide responsible and comprehensive
assistance in processing all stages of the project. Funding for the plan review is provided to the
City by the applicant. The City’s adopted fee schedule requires the applicant to pay for the time
and materials associated with the processing of the application, plus a 30% administrative fee
John F. Rickenbach Consulting submitted a proposal and was selected based on their extensive
local planning experience. The firm’s principal, John Rickenbach, was the project manager of the
first Environmental Impact Report (EIR) for the Dalidio Ranch project and he also wo rked on
the City’s General Plan EIR in 1994.
On November 21, 2013, the City Manager entered into a Reimbursement Agreement with the
developer, Coastal Community Builders, Inc. The Reimbursement Agreement sets the
parameters for the developer to reimburse the City for consultant costs associated with managing
the application through the full entitlement process. Shortly thereafter, the City Manager signed
the Consultant Services Contract with John Rickenbach for Phase One (Pre-Application) not to
exceed $24,395 (including the City’s administrative charge). John F. Rickenbach Consulting’s
scope of work for Phase Two of the project was approved by City Council on May 20, 2014 for a
not to exceed amount of $60,750. An updated project schedule has identified unanticipated work
efforts needed to complete Phase Two as outlined in John F. Rickenbach Consulting’s Contract
Amendment Request (Attachment A). The amended scope of work includes $85,725 in
11
Packet Pg. 244
additional cost changing the not to exceed cost for the project to $146,475 which requires
Council authorization since it is over $50,000.
The consultant’s work effort is divided into two phases as follows:
Phase One: Manage pre-application review among internal staff and all work associated
with Planning Commission and City Council Study Sessions to initiate the formal
applications. Phase One of the consultant’s work is complete with the initiation of the
project applications on April 1, 2014 by the City Council. On April 1, 2014, the Council also
approved the Processing Memorandum of Understanding and authorized the staff to initiate
the Development Agreement and issue Requests for Proposals for the Environmental Impact
Report.
Phase Two: Manage project’s development review process including all staff meetings, staff
reports, public hearings, planning entitlements with supervision and assistance from a City
project planner and input from other Departments. Phase Two includes processing the
General Plan/Zoning Amendments, Specific Plan, Annexation, Development Agreement,
Development Plan, Tentative Tract Maps, while overseeing the environmental review
process and providing detailed technical, and policy review and analysis of the project
components through the development review process.
Development on the 131.3 acre property would include a mix of residential and non-residential
uses, although substantial portions of the site would be preserved in agricultural uses or open
space. Under a Specific Plan, up to 500 dwelling units could be built at various densities, with up
to 200,000 square feet of commercial, 150,000 square feet of office, as well as a 200-room hotel
and conference center. The project site is currently outside the City, but within its Sphere of
Influence, and would require annexation.
The proposed project is envisioned to implement the draft policies as articulated in the LUCE
update. The following entitlements and reviews would be required to implement the project:
1. General Plan Amendment/Pre-Zoning (being programmatically evaluated in the LUCE
EIR)
2. Specific Plan
3. Development Agreement
4. Development Plan/Tentative Tract Map(s)
5. Architectural Review
6. Project Level Environmental Review (under the California Environmental Quality Act)
FISCAL IMPACT
The City of San Luis Obispo would pay the consultant for Phase Two work on a time and
materials basis against a maximum, not-to-exceed budget of $146,475, which includes $53,325
that has already been paid, including professional fees and associated expenses (Attachment A,
Consultant’s Scope of Work and Cost Estimate). The developer will reimburse the City for all
actual costs for the consultant’s services, plus a 30 percent City administration fee. The total
11
Packet Pg. 245
reimbursement for the amendment from the developer to the City will be $111,442. (Attachment
B, Planning Services Authorization)
ALTERNATIVES
1. The City Council could choose not to authorize additional work from John Rickenbach
Consulting. This is not recommended because it would run counter to the City Council’s
action to initiate the applications on April 1, 2014. Staff does not have the resources
currently to continue processing the application without schedule delays.
2. The Council could direct the Community Development Director to renegotiate the contract
with John F. Rickenbach Consulting to expand or reduce the scope of work. This is not
recommended because staff and the consultant have reviewed the scope of work/cost
estimates and found it appropriate for the level of work required.
Attachments:
a - Consultant's Scope of Work and Cost Estimate
b - Community Builder's Planning Services Authorization
c - John F. Rickenbach Consulting Contract
11
Packet Pg. 246
11.a
Packet Pg. 247 Attachment: a - Consultant's Scope of Work and Cost Estimate (1338 : Amended Contract for San Luis Ranch Consulting Services)
11.a
Packet Pg. 248 Attachment: a - Consultant's Scope of Work and Cost Estimate (1338 : Amended Contract for San Luis Ranch Consulting Services)
11.a
Packet Pg. 249 Attachment: a - Consultant's Scope of Work and Cost Estimate (1338 : Amended Contract for San Luis Ranch Consulting Services)
City of San Luis Obispo, Community Development, 919 Palm Street, San Luis Obispo, CA, 93401-3218, 805.781.7170,
slocity.org
Planning Services Authorization
PROJECT TITLE: San Luis Ranch
APPLICANT: MI San Luis Ranch A DE LLC
APPLICANT ADDRESS: PO Box 13, Pismo Beach, CA 93449
PROJECT DESCRIPTION: Project Management for Development Review Process
Revision
PROCESSING FEES:
1. Consultant Fee (Firm: John F. Rickenbach Consulting)………………... $ 85,725
(Revenue Account 600-2437)
2. Administration Fee (30% of Consultant Fee)…………………………………. $ 25,718
(Revenue Account 100-45480)
3. Report Reproduction Fee/Advertising Fee…………………………………... $ 0
(Revenue Account 100-45480)
4. Other Fees (Specify: )………………………………… $ 0
5. Total Fees……………………………………………………………………… $ 111,443
Authorization and Assurances
The cost to the applicant for consultant services (as stated in line 1 above) is based on
the total cost included in the consultant's final scope of work for the San Luis Ranch
Project Management, as detailed in Exhibit "A", letter from John F. Rickenbach
Consulting.
Date Doug Davidson, Deputy Director
As applicant for this project, I hereby accept the fees for the project management for
the development review process and agree to deposit with the City of San Luis Obispo
Community Development Department, the amount shown on line 5 above. Upon
receipt of this sum, the Community Development Director is authorized to employ a
qualified consultant to complete project management for the development review
process.
Date Coastal Community Builders, Inc.
11.b
Packet Pg. 250 Attachment: b - Community Builder's Planning Services Authorization (1338 : Amended Contract for San Luis Ranch Consulting Services)
11.c
Packet Pg. 251 Attachment: c - John F. Rickenbach Consulting Contract (1338 : Amended Contract for San Luis Ranch Consulting Services)
11.c
Packet Pg. 252 Attachment: c - John F. Rickenbach Consulting Contract (1338 : Amended Contract for San Luis Ranch Consulting Services)
11.c
Packet Pg. 253 Attachment: c - John F. Rickenbach Consulting Contract (1338 : Amended Contract for San Luis Ranch Consulting Services)
11.c
Packet Pg. 254 Attachment: c - John F. Rickenbach Consulting Contract (1338 : Amended Contract for San Luis Ranch Consulting Services)
11.c
Packet Pg. 255 Attachment: c - John F. Rickenbach Consulting Contract (1338 : Amended Contract for San Luis Ranch Consulting Services)
Meeting Date: 5/17/2016
FROM: Michael Codron, Community Development Director
Prepared By: Rachel Cohen, Associate Planner
SUBJECT: ADOPTION OF AN ORDINANCE TO AMEND TABLE 9 OF SECTION
17.22.010 OF THE CITY’S MUNICIPAL CODE (ZONING REGULATIONS)
CONDITIONALLY PERMITTING A NIGHT CLUB LAND USE WITHIN
THE BUSINESS PARK (B-P) ZONE IN THE AIRPORT AREA SPECIFIC
PLAN AREA
RECOMMENDATION
Adopt Ordinance No. 1629 (2016 Series) amending Table 9 of Section 17.22.010 of the City’s
Municipal Code (Zoning Regulations) to conditionally permit night club uses within the
Business Park zone of the Airport Area Specific Plan.
DISCUSSION
Background
On May 3, 2016, the City Council in a 4:1 vote, introduced an Ordinance amending Table 9 of
Section 17.22.010 of the City’s Municipal Code (Zoning Regulations) (Attachment A). The
amendment provides regulations to conditionally permit night club uses into the Business Park
Zone of the Airport Area Specific Plan.
Ordinance No. 1629 (2016 Series) is ready for adoption. The amended text will become effective
30 days after adoption.
Attachments:
a - Ordinance No. 1629 (2016 Series)
12
Packet Pg. 256
O ______
ORDINANCE NO. 1629 (2016 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AMENDING TABLE 9 OF SECTION 17.22.010 OF
THE CITY’S MUNICIPAL CODE (ZONING REGULATIONS)
CONDITIONALLY PERMITTING A NIGHT CLUB LAND USE WITHIN
THE BUSINESS PARK (B-P) ZONE IN THE AIRPORT AREA SPECIFIC
PLAN AREA (CODE-1316-2015)
WHEREAS, on May 5, 2015, the applicant, SLO Brew Investors, LLC, submitted an
application to request an amendment to Table 9 of the San Luis Obispo Municipal Code section
17.22.010 to allow a night club land use (live indoor/outdoor entertainment) within the Business
Park zone of the Airport Area Specific Plan; and
WHEREAS, the Airport Land Use Commission of the County of San Luis Obispo
conducted a public hearing in Board of Supervisors Chambers, County Government Center, 1055
Monterey Street, Room D170, San Luis Obispo, California, on December 16, 2015, and
recommended approval of the amendments to the Municipal Code; and
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a
public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo,
California, on February 10, 2016, and recommended approval of the amendments Table 9 of San
Luis Obispo Municipal Code section 17.22.010 to allow a night club land use within the
Business Park zone of the Airport Area Specific Plan; and
WHEREAS, the City Council on May 3, 2016, considered the request of the an
amendment to Title 17(Zoning Regulations) and the Airport Area Specific Plan to allow a night
club land use (live indoor/outdoor entertainment) within the Business Park zone with a use
permit (CODE-1316-2015); and,
WHEREAS, the City Council has duly considered all evidence, including the testimony
of the applicants, interested parties, and the evaluation and recommendations by staff, presented
at said hearing.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. The City Council hereby finds that the proposed amendments
will not significantly alter the character of the City or cause significant health, safety or welfare
concerns, since the amendments are consistent with the General Plan and directly implement
City goals and policies.
SECTION 2. Action. Table 9 of the San Luis Obispo Municipal Code section 17.22.010
is hereby amended as set forth in Exhibit “A” attached hereto and incorporated herein by this
reference.
12.a
Packet Pg. 257 Attachment: a - Ordinance No. 1629 (2016 Series) (1347 : Adoption of an Ordinance to conditionally permit a night club in the BP zone of the
Ordinance No. 1629 (2016 Series) Page 2
O 1629
SECTION 3. Environmental Determination. The City Council has considered the
proposed Mitigated Negative Declaration of Environmental Impact (“MND”) for this project
which was adopted by Resolution No. 10711 (2016 Series) together with all comments received
during the public review period, and, on the basis of the whole record before it, hereby finds that
(1) potentially significant environmental effects were identified but mitigation measures to be
included and incorporated into the text amendments to avoid or reduce the effects to a point
where clearly no significant effect on the environment would occur; (2) there is no substantial
evidence that the text amendment will have a significant effect on the environmental; and (3) the
MND reflects the City of San Luis Obispo’s independent judgment and analysis.
SECTION 4. Severability. Should any provision of this Ordinance, or its application to
any person or circumstance, be determined by a court of competent jurisdiction to be unlawful,
unenforceable or otherwise void, that determination shall have no effect on any other provision
of this Ordinance or the application of this Ordinance to any other person or circumstance and, to
that end the provisions hereof are severable.
SECTION 5. A summary of this ordinance, approved by the City Attorney, together with
the names of the Council members voting for and against it, shall be published at least five days
prior to its final passage, in the Tribune, a newspaper published and circulated in this City. This
ordinance will go into effect at the expiration of thirty (30) days after its final passage.
INTRODUCED on the ____ day of ____________ 2016, AND FINALLY ADOPTED by
the Council of the City of San Luis Obispo on the ____ day of 201 6, on the following roll call
vote:
AYES:
NOES:
ABSENT:
________
Mayor Jan Marx
ATTEST:
____________________________
Lee Price, MMC
Interim City Clerk
APPROVED AS TO FORM:
____________________________
12.a
Packet Pg. 258 Attachment: a - Ordinance No. 1629 (2016 Series) (1347 : Adoption of an Ordinance to conditionally permit a night club in the BP zone of the
Ordinance No. 1629 (2016 Series) Page 3
O 1629
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this ______ day of ______________, _________.
______________________________
Lee Price, MMC
Interim City Clerk
12.a
Packet Pg. 259 Attachment: a - Ordinance No. 1629 (2016 Series) (1347 : Adoption of an Ordinance to conditionally permit a night club in the BP zone of the
Ordinance No. 1629 (2016 Series) Page 4
O 1629
TABLE 9 - USES ALLOWED BY ZONE - Continued
P ermit Requirement by Zoning District Specific use
Land Use AG C/OS R1 R2 R3 R4 PF O (1)C-N C-C C-D C-R C-T C-S M BP Regulations
RECREATION, EDUCATION, & PUBLIC ASSEMBLY USES
Club, lodge, private meeting hall D D A D A/D D D D
Commercial recreation facility - Indoor PC D D D D D(12)PC D 17.08.060
Commercial recreation facility - Outdoor PC PC
Educational conferences D D D D 17.08.010.C.6
Fitness/health facility D A D D PC A A D
Golf Course PC
Library, museum PC D D D D
Library, branch facility D D D D
Night club D D D D D D PC (14)Chapter 17.95
Park, playground D D A A A A D D A A A
Public assembly facility PC D D D D PC
Religious facility PC D D D D A D D D A D(7)D(7)D(7)
PC PC
School - College, university campus PC
School - Elementary, middle, secondary PC PC D D PC D
School - Specialized education/training PC A/D A/D A A A
Special event D D D D D D D D D 17.08.010
Sports and active recreation facility PC PC PC PC
Sports and entertainment assembly facility PC PC
Studio - Art, dance, martial arts, music, etc.D D A/D A/D A PC A
Theater PC(8)D D D D Chapter 17.95
Theater - Drive-in PC PC
RESIDENTIAL USES
Boarding/rooming house, dormitory PC D D D Chapter 17.20
Caretaker quarters A A A A A A A A A A A A A A A D
Convents and monasteries PC A A D
Fraternity, sorority PC PC
High occupancy residential use D D
Home occupation H H H H H H H H H H H H H H 17.08.090
Live/work units A A A A A 17.08.120
Mixed-use project A A A A A A PC PC 17.08.072
A A A A A A A A
Mobile home park A A A A
Multi-family dwellings A A A A D D
A A A A A A A/D A/D A/D D
A A A A A D A/D A/D D
Residential hospice facility PC PC D PC PC D
Rest home A A A A A D A/D A/D D
Single-family dwellings A A A(2)A A A A D D
Secondary dwelling units A A A A A Chapter 17.21
Work/live units D D 17.08.120
Key:A = Allowed D = Director's Use Permit approval required PC = Planning Commission Use Permit approval required
A/D = Director's approval on ground floor, allowed on second floor or above H = Home Occupation Permit required
Note:Footnotes affecting specific land uses follow the table.
Mobile home as temporary residence at
building site
Residential care facilities - 6 or fewer
residents
Residential care facilities - 7 or more
residents
School - Boarding school, elementary, middle,
secondary
School - College, university - Satellite
classroom facility
EXHIBIT A 12.a
Packet Pg. 260 Attachment: a - Ordinance No. 1629 (2016 Series) (1347 : Adoption of an Ordinance to conditionally permit a night club in the BP zone of the
Ordinance No. 1629 (2016 Series) Page 5
O 1629
Notes to Table 9:
1. Ozone - All uses. A Use Permit is required for the conversion of residential structures to
non-residential uses. In order to approve a Use Permit, the Director shall first find that:
a. The location, orientation, height, and mass of new structures will not significantly affect privacy in
nearby residential areas; and
b. The project location or access arrangements will not significantly direct traffic to local streets in
nearby residential areas; and
c. The project includes landscaping and yards that adequately separate pa rking and pedestrian
circulation areas from sites in nearby residential areas.
2. R-1 zone - Multiple dwellings. Except for condominiums, the construction of more than one
dwelling on a parcel in the R-1 zone requires Administrative Use Permit approval. R-1 density
standards apply.
3. C-N zone - Limitations on floor area. A general retail use in the C-N zone shall not exceed a gross
floor area of 2,000 square feet for each establishment, or a combined floor area of all general retail
establishments within a shopping center of 25 percent of the total floor area in a shopping center with
a gross floor area of 15,000 square feet or more; and shall not exceed 50 percent of the total floor
area in a shopping center with a gross floor area of less than 15,000 square feet. The Administrative
Use Permit may provide for exceptions to the floor area limitations above. For general retail uses
with a floor area greater than 2,000 square feet on a parcel not located within a shopping center, an
Administrative Use Permit shall be required to insure consistency with policies of the General Plan
Land Use Element and compatibility with surrounding uses.
4. C-S and M zones - Required findings for offices. The approval of an office facility in the C-S or M
zone shall require that the review authority first find that:
a. The project will be compatible with existing and allowed land uses in the area;
b. The project location or access arrangements will not significantly direct traffic to use local or
collector streets in residential zones;
c. The project will provide adequate mitigation to address potential impacts related to noise, light
and glare, and loss of privacy, among others, imposed by commercial activities on nearby
residential areas, by using methods such as setbacks, landscaping, berming and fencing;
d. The project will not preclude industrial or service commercial uses in areas especially suited for
these uses when compared with offices; and
e. The project will not create a shortage of C-S- or M-zoned land available for service commercial or
industrial development.
5. C-R zone - Auto sound system installation. Auto sound installation services may be approved
only as an accessory use to the retail sales of auto sound systems on the same site. Use Permit
review shall consider parking space displacement, noise from the operation, and the appearance and
visibility of the installation area.
6. Parking as a principal use. Use Permit approval may include deviations to otherwise applicable
setback requirements and building height limits. A multi-level parking facility shall require the
approval of a Use Permit by the Planning Commission.
7. Religious facilities.
a. C-S zone requirements. Use Permit review shall consider that the C-S zone is primarily
intended to accommodate uses not generally suited to other commercial zones because of noise,
truck traffic, visual impacts and similar factors. A Use Permit may be approved only when the
religious facility will not likely cause unreasonable compatibility problems with existing or likely
EXHIBIT A 12.a
Packet Pg. 261 Attachment: a - Ordinance No. 1629 (2016 Series) (1347 : Adoption of an Ordinance to conditionally permit a night club in the BP zone of the
Ordinance No. 1629 (2016 Series) Page 6
O 1629
future service commercial uses in the vicinity. Use Permit conditions may include measures to
mitigate incompatibility.
b. C-T and M zone requirements. A religious facility use may be allowed only inside an existing
building.
8. PF zone - Theaters. Only non-profit theaters are permitted.
9. Day care centers. Allowed by right where accessory to a church or school, or where an employer
provides on-site child care to 14 or fewer children for the exclusive benefit of employees, providing
the primary use meets City parking standards.
10. Groceries, Liquor, Specialty Foods in the CN Zone. In the C-N zone, grocery, liquor and
specialty food stores less than 3,000 square feet are allowed. Such uses with a gross floor area
between 3,000 and 5,000 square feet are allowed with the approval of an Administrative Use Permit.
Stores between 5,000 and 10,000 square feet may be approved by Planning Commission Use
Permit. In order for a use permit to be approved by the Hearing Officer or by the Planning
Commission, the deciding body must find that the proposed use is compatible with surrounding uses
and the surrounding neighborhood, and that the use is consistent with the purpose and intent of the
Neighborhood Commercial designation as discussed in the General Plan.
11. In order to approve a Medical Service use in the C-S or BP zones, the Hearing Officer must make
the following findings:
a) The proposed medical service is compatible with surrounding land uses.
b) The proposed medical service is located along a street designated as an arterial or commercial
collector in the Circulation Element and has convenient access to public transportation.
c) The proposed m edical service will not significantly increase traffic or create parking impacts in
residential neighborhoods.
d) The proposed medical service is consistent with the Airport Land Use Plan.
e) The project will not preclude service commercial uses in areas especially suited for these uses
when compared with medical services.
f) The project site can accommodate the parking requirements of the proposed medical service
and will not result in other lease spaces being under -utilized because of a lack of available
parking.
12. C-S zone - Required findings for Indoor Commercial Recreational Facilities. Commercial indoor
recreational uses in the C-S zone shall not include less than 10,000 square feet gross floor area per
establishment. The approval of an indoor commercial recreational facility in the C-S zone shall
require that the review authority first find that:
a) The proposed use will serve the community, in whole or in significant part, and the nature of the
use requires a larger size in order to function;
b) The project will be compatible with existing and allowed land uses in the area;
c) The project location or access arrangements will not significantly direct traffic to use local or
collector streets in residential zones;
d) The project will not preclude industrial or service commercial uses in areas especially suited for
these uses when compared with recreational facilities; and
EXHIBIT A 12.a
Packet Pg. 262 Attachment: a - Ordinance No. 1629 (2016 Series) (1347 : Adoption of an Ordinance to conditionally permit a night club in the BP zone of the
Ordinance No. 1629 (2016 Series) Page 7
O 1629
e) The project will not create a shortage of C-S -zoned land available for service commercial
development.
13. Safe Parking. Safe parking is only allowed in the R-1, R-2, R-3 and R-4 zones when accessory to a
public assembly use, such as a club, lodge, private meeting hall or religious facility. Safe parking is
prohibited as a primary use in the R-1, R-2, R-3 or R-4 zones and in all applicable zoning districts on
properties that contain residential uses as the primary use.
14. Night club use in the BP zone. Night clubs shall be allowed only in the BP zone of the Airport Area
Specific Plan. Refer to the Allowed uses, Table 4.3, of the Airport Area Specific Plan for more
information.
EXHIBIT A 12.a
Packet Pg. 263 Attachment: a - Ordinance No. 1629 (2016 Series) (1347 : Adoption of an Ordinance to conditionally permit a night club in the BP zone of the
Meeting Date: 5/17/2016
FROM: Deanna Cantrell, Chief of Police
Prepared By: Keith Storton, Police Captain
SUBJECT: DIRECTED GIVING CAMPAIGN - MAKE CHANGE COUNT” METER
DONATION PROGRAM
RECOMMENDATION
Approve a permanent continuance of the “Make Change Count” meter donation program.
DISCUSSION
The Directed Giving Campaign Committee, consisting of the City of San Luis Obispo, the San
Luis Obispo Downtown Association and the United Way of San Luis Obispo County, will
conclude its 2-year pilot program of the “Make Change Count” meter donation program. The
program was started in May of 2014.
In January of 2014, Council was notified of the formation and collaboration of the Directed
Giving Campaign, by a Council Memorandum. The collective intent of the committee was to
install specially marked and placed donation meters in the Downtown core as a means to help the
homeless population. The meter donation program was identified as a two year pilot program
with the intent to return to Council at the conclusion of the two years to support a permanent
program if deemed successful.
On February 5, 2014 the Chief of Police presented a status report on th e progress of the meter
donation program with the full support of the Human Relations Commission to move forward
with the two year program.
On May 6, 2014 the Chief of Police provided a presentation to Council with an update about the
meter donation program. This was not an action item; however, the presentation was well
received by Council in support of the program.
In May 2014, seven specially marked and placed “Make Change Count” donation meters were
installed in the downtown core of San Luis Obispo to serve as a means for citizens to provide
either coin or credit card donations to help homeless service efforts within the City of San Luis
Obispo. Sponsorships for each meter were sought by the Directed Giving Campaign Committee
at an expense of $1,000.00 per meter.
In the two years of the pilot program meter sponsorships and donations have earned almost
$13,000.00. Over $8,500.00 in contributions have been distributed to the local homeless service
13
Packet Pg. 264
support group “The Friends of Prado” with another approximately $3,000.00 in donations to be
donated at the end of April at the conclusion of the pilot program. Additionally, approximately
$1,500.00 has been donated to the local United Way 211 SLO County program, a non-
emergency contact number that connects individuals and families with information and
community resources.
Although the committee is pleased with the amount of donated funds collected, the money is
only a part of the objective. Continual outreach and education is needed to inform the public that
donating money directly to those that panhandle may actually prolong an addiction, impede their
ability to get adequate help or encourage their desire to engage in criminal or adverse behavior
that negatively impacts the community. The donation meters are a visual reminder and one of
many tools that help send this message.
With the success of the pilot program, the Directed Giving Campaign Committee has elected to
continue the program on a permanent basis. The program would continue to operate on a 2-year
cycle where meter sponsorships would be renewed at the conclusion of the 2nd year. Oversite of
the program would be regularly monitored by the Directed Giving Campaign Committee who
meets, at minimum, quarterly. The United Way of San Luis Obispo County would continue to
administer the donated funds and the accumulated donations would be transferred to The Friends
of Prado on intervals as determined by the committee.
Moving forward meter sponsorships would be valued at $1,200.00 with $1,000.00 going directly
to The Friends of Prado and the remaining $200.00 to offset limited marketing expenses and
sponsorship recognition on the meter. All meter donations or other donations on behalf of the
program would go directly to the Friends of Prado.
A Partnership Agreement with Directed Giving Campaign Committee members will be
completed and a program update will be provided to Council every two years.
FISCAL IMPACT
Currently, the City of San Luis Obispo provides routine maintenance on the seven donatio n
meters. Minimal employee time is used as employees tend to the many standard parking meters
that are operated by the City. There are no other fiscal impacts other that the involved City
Departments selecting to use funds to incorporate the donation meters and message into other
communication opportunities.
ALTERNATIVE
Council could vote to discontinue the City’s involvement in the Directed Giving Campaign
Committee and meter donation program.
Attachments:
a - 02-05-14 HRC Agenda Packet
b - 05-06-14 Amended Special + Regular Meeting Agenda
13
Packet Pg. 265
c - 2014 Directed Giving Council Memo
13
Packet Pg. 266
HUMAN RELATIONS COMMISSION
AGENDA
REGULAR MEETING
February 5, 2014
5:00 p.m.
Council Chambers
990 Palm Street
“The Human Relations Commission (HRC) advises the Council in creating an environment within
the City in which all persons can enjoy equal rights and opportunities regardless of race, religion,
sex, national origin, age, physical, mental, sexual orientation, or economic status. The Commission
makes recommendations to the Council or the City Manager on how these social concerns and
human needs can best be addressed. It is desired and expected that specific functions of the HRC will
change as solutions are found to specific problems or as times change, and the needs and priorities of
the community in this field evolve.”
CALL TO ORDER:
ROLL CALL: Chairperson: Hillary Trout; Vice Chairperson: Louise Matheny;
Commissioners: Robert Clayton, Janet Pierucci, Ivan Simon,
Michelle Tasseff, Ron Tilley
CONSIDERATION OF MINUTES: December 4, 2013
Item 1. REVIEW GOOD NEIGHBOR POLICY DRAFT (COREY)
Item 2. DIRECTED GIVING CAMPAIGN UPDATE (GESELL)
PUBLIC HEARING
BUSINESS ITEMS
PUBLIC COMMENT PERIOD: The general public is invited to speak before the Human Relations Commission
on any subject within the jurisdiction of the Human Relations Commission that does not appear on this agenda.
Although the Commission will not take action on any item presented during the Public Comment Period, the
Chairperson may direct staff to place an item on a future agenda for formal discussion.
13.a
Packet Pg. 267 Attachment: a - 02-05-14 HRC Agenda Packet (1325 : Directed Giving Meter Donation Program)
Human Relations Commission Agenda
February 5, 2014
Page 2
Item 3. REVIEW 4TH QUARTER 2013 COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) REPORT (COREY)
Item 4. REVIEW 2ND QUARTER 2013-2014 MAXINE LEWIS MEMORIAL
SHELTER REPORT (TORRES)
Item 5. SELECT SUBCOMMITTEE FOR 2014-2015 GIA APPLICATIONS
(TROUT)
COMMISSIONER COMMENTS
ADJOURN
Appeals: Administrative decisions by the Human Relations Commission may be appealed to the City Council in
accordance with the appeal procedure set forth in Chapter 1.20 of the San Luis Obispo Municipal Code.
The City of San Luis Obispo is committed to including the disabled in all of its services, programs, and activities.
Telecommunications Device for the Deaf (805) 781-7410. Please speak to the Human Resources Department prior to the meeting if
you require a hearing amplification device 781-7250. For more agenda information, call 781-7250
13.a
Packet Pg. 268 Attachment: a - 02-05-14 HRC Agenda Packet (1325 : Directed Giving Meter Donation Program)
HUMAN RELATIONS COMMISSION (HRC)
MINUTES REGULAR MEETING
December 4, 2013
5:00 p.m.
990 Palm St – Council Chambers
CALL TO ORDER: 5:00 PM
PRESENT: Vice Chairperson: Louise Matheny Commissioners: Robert Clayton,
Michelle Tasseff, Ronald Tilley
AB SENT: Chairperson: Hillary Trout; Commissioners: Ivan Simon, Janet Pierucci
STAFF
PRESENT: Monica Irons, Human Resources Director; Tyler Corey, Housing Programs
Manager
CONSIDERATION OF MINUTES:
ACTION: Moved by Tasseff/Matheny to approve the minutes of November 6, 2013 as
submitted; motion carried 4:0.
______________________________________________________________
PUBLIC COMMENT
No public comment for items not on the agenda.
BUSINESS ITEMS
Item 1. 2014 CDBG FUNDING RECOMMENDATIONS (COREY)
Corey presented funding recommendations. Public comment received from
Sean of Alano Club in support of the recommendations.
Moved by Tilley/Clayton to approve the recommendations as submitted;
motion carried 4:0.
Item 2. REVIEW 3rd QUARTER 2013 COMMUNITY DEVELOPMENT BLOCK
GRANTS (CDBG) REPORT (COREY)
Corey presented the 3rd quarter CDBG report.
13.a
Packet Pg. 269 Attachment: a - 02-05-14 HRC Agenda Packet (1325 : Directed Giving Meter Donation Program)
Item 3. CONSIDERATION OF CANCELING JANUARY 1, 2014 HRC MEETING
(TROUT)
Moved by Clayton/Tasseff to cancel the January 1, 2014 HRC Meeting;
motion carried 4:0.
Item 4. RELEASE 3rd QUARTER 2013-2014 MAXINE LEWIS MEMORIAL
SHELTER FUNDS (TROUT)
Moved by Tasseff/Clayton to release the funds; motion carried 4:0.
COMMISSIONER COMMENTS
There being no further business to come before the HRC, Matheny adjourned the HRC
meeting at 5:25 p.m. to the regular meeting scheduled for Wednesday, February 5th at 5:00
p.m. in the Council Hearing Room at 990 Palm St.
Respectfully Submitted,
Monica Irons,
Human Resources Director
13.a
Packet Pg. 270 Attachment: a - 02-05-14 HRC Agenda Packet (1325 : Directed Giving Meter Donation Program)
Attachment 1 13.a
Packet Pg. 271 Attachment: a - 02-05-14 HRC Agenda Packet (1325 : Directed Giving Meter Donation Program)
Attachment 1 13.a
Packet Pg. 272 Attachment: a - 02-05-14 HRC Agenda Packet (1325 : Directed Giving Meter Donation Program)
Attachment 1 13.a
Packet Pg. 273 Attachment: a - 02-05-14 HRC Agenda Packet (1325 : Directed Giving Meter Donation Program)
Attachment 1 13.a
Packet Pg. 274 Attachment: a - 02-05-14 HRC Agenda Packet (1325 : Directed Giving Meter Donation Program)
Attachment 1 13.a
Packet Pg. 275 Attachment: a - 02-05-14 HRC Agenda Packet (1325 : Directed Giving Meter Donation Program)
Attachment 1 13.a
Packet Pg. 276 Attachment: a - 02-05-14 HRC Agenda Packet (1325 : Directed Giving Meter Donation Program)
Attachment 2 13.a
Packet Pg. 277 Attachment: a - 02-05-14 HRC Agenda Packet (1325 : Directed Giving Meter Donation Program)
Attachment 3 13.a
Packet Pg. 278 Attachment: a - 02-05-14 HRC Agenda Packet (1325 : Directed Giving Meter Donation Program)
Attachment 3 13.a
Packet Pg. 279 Attachment: a - 02-05-14 HRC Agenda Packet (1325 : Directed Giving Meter Donation Program)
Attachment 3 13.a
Packet Pg. 280 Attachment: a - 02-05-14 HRC Agenda Packet (1325 : Directed Giving Meter Donation Program)
Attachment 3 13.a
Packet Pg. 281 Attachment: a - 02-05-14 HRC Agenda Packet (1325 : Directed Giving Meter Donation Program)
Attachment 3 13.a
Packet Pg. 282 Attachment: a - 02-05-14 HRC Agenda Packet (1325 : Directed Giving Meter Donation Program)
Attachment 3 13.a
Packet Pg. 283 Attachment: a - 02-05-14 HRC Agenda Packet (1325 : Directed Giving Meter Donation Program)
Attachment 3 13.a
Packet Pg. 284 Attachment: a - 02-05-14 HRC Agenda Packet (1325 : Directed Giving Meter Donation Program)
Attachment 3 13.a
Packet Pg. 285 Attachment: a - 02-05-14 HRC Agenda Packet (1325 : Directed Giving Meter Donation Program)
Attachment 3 13.a
Packet Pg. 286 Attachment: a - 02-05-14 HRC Agenda Packet (1325 : Directed Giving Meter Donation Program)
Attachment 3 13.a
Packet Pg. 287 Attachment: a - 02-05-14 HRC Agenda Packet (1325 : Directed Giving Meter Donation Program)
Attachment 3 13.a
Packet Pg. 288 Attachment: a - 02-05-14 HRC Agenda Packet (1325 : Directed Giving Meter Donation Program)
Attachment 4 13.a
Packet Pg. 289 Attachment: a - 02-05-14 HRC Agenda Packet (1325 : Directed Giving Meter Donation Program)
Attachment 4 13.a
Packet Pg. 290 Attachment: a - 02-05-14 HRC Agenda Packet (1325 : Directed Giving Meter Donation Program)
City of San Luis Obispo, Council Agenda, City Hall, 990 Palm Street, San Luis
Obispo
Amended Agenda*
Tuesday, May 6, 2014
3:45 p.m.
SPECIAL MEETING
Council Hearing Room
990 Palm Street
*This Amended Agenda includes the addition of the
City Attorney Report on Closed Session at the Regular Meeting
CALL TO ORDER: Mayor Jan Marx
ROLL CALL: Council Members John Ashbaugh, Dan Carpenter, Kathy Smith,
Vice Mayor Carlyn Christianson, and Mayor Jan Marx
PUBLIC COMMENT ON CLOSED SESSION ITEM
CLOSED SESSION – Based on the advice from the City Attorney discussion in open session
of the following described matters would prejudice the position of the City in existing litigation.
A. CONFERENCE WITH LEGAL COUNSEL - Existing Litigation, Pursuant to Government
Code § 54956.9
Donald Sipple, et al., v. The City of Alameda, California, et al, and DOES 1 to 50,
Inclusive, Los Angeles County Superior Court Case No. BC462270
Adjourn to Special Meeting of May 6, 2014
13.b
Packet Pg. 291 Attachment: b - 05-06-14 Amended Special + Regular Meeting Agenda (1325 : Directed Giving Meter Donation Program)
San Luis Obispo - Regular Meeting Agenda of May 6, 2014 Page 2
4:00 p.m.
SPECIAL MEETING
Council Chamber
990 Palm Street
CALL TO ORDER: Mayor Jan Marx
ROLL CALL: Council Members John Ashbaugh, Dan Carpenter, Kathy Smith,
Vice Mayor Carlyn Christianson, and Mayor Jan Marx
PRESENTATIONS
MUNICIPAL INFORMATION SYSTEMS ASSOCIATION OF CALIFORNIA AWARD
(PADILLA/SCHMIDT/HORN - 5 MINUTES)
DIRECTED GIVING PROGRAM UPDATE (GESELL/STORTON - 10 MINUTES)
SAN LUIS OBISPO TRANSIT 40TH ANNIVERSARY (GRIGSBY - 5 MINUTES)
PUBLIC COMMENTS ON AGENDA ITEMS ONLY: You may address the Council on any
item described in this agenda by completing a speaker slip and giving it to the City Clerk prior
to the meeting. The Mayor will invite public comments before the Council takes action on each
item. (Gov. Code Sec. 54954.3(a)) Your speaking time is limited to three (3) minutes. (CC&P
Sec.1.3.7)
PUBLIC HEARING
PH1. CONSIDERATION OF AN ORDINANCE PROHIBITING MEDICAL
MARIJUANA CULTIVATION, PROCESSING AND DISTRIBUTION –
ORDINANCE INTRODUCTION (JOHNSON/HERMANN – 60 MINUTES)
Recommendation
Introduce an ordinance entitled “An Ordinance of the City Council of the City of San
Luis Obispo, California, prohibiting Medical Marijuana cultivation, processing and
distribution;” that would add Chapter 9.61 to the San Luis Obispo Municipal Code
prohibiting medical marijuana cultivation, processing and distribution in all areas of the
City, with limited exceptions, and find the action exempt from the California
Environmental Quality Act.
Adjourn to Regular Meeting of May 6, 2014
13.b
Packet Pg. 292 Attachment: b - 05-06-14 Amended Special + Regular Meeting Agenda (1325 : Directed Giving Meter Donation Program)
San Luis Obispo - Regular Meeting Agenda of May 6, 2014 Page 3
6:00 p.m.
REGULAR MEETING
Council Chamber
990 Palm Street
CALL TO ORDER: Mayor Jan Marx
ROLL CALL: Council Members John Ashbaugh, Dan Carpenter, Kathy Smith,
Vice Mayor Carlyn Christianson, and Mayor Jan Marx
PLEDGE OF ALLEGIANCE: Council Member Ashbaugh
CITY ATTORNEY REPORT ON CLOSED SESSION*
PRESENTATIONS
PROCLAMATION – MUNICIPAL CLERK’S WEEK (MARX – 5 MINUTES)
Presentation of a Proclamation proclaiming May 4 - May 10, 2014 as “Municipal Clerk’s Week.”
PROCLAMATION - NO PLACE FOR HATE - ANTI-DEFAMATION LEAGUE (MARX -
5 MINUTES)
Presentation of a Proclamation proclaiming May 8, 2014 as “No Place for Hate Day.”
PROCLAMATION – BUILDING SAFETY MONTH (MARX – 5 MINUTES)
Presentation of a Proclamation proclaiming May 2014 as “Building Safety Month.”
PUBLIC COMMENT PERIOD FOR ITEMS NOT ON THE AGENDA (not to exceed 15
minutes total)
The Council welcomes your input. You may address the Council by completing a speaker slip
and giving it to the City Clerk prior to the meeting. At this time, you may address the Council
on items that are not on the agenda. Time limit is three minutes. State law does not allow the
Council to discuss or take action on issues not on the agenda, except that members of the
Council or staff may briefly respond to statements made or questions posed by persons
exercising their public testimony rights (Gov. Code Sec. 54954.2). Staff may be asked to
follow up on such items.
13.b
Packet Pg. 293 Attachment: b - 05-06-14 Amended Special + Regular Meeting Agenda (1325 : Directed Giving Meter Donation Program)
San Luis Obispo - Regular Meeting Agenda of May 6, 2014 Page 4
CONSENT AGENDA
A member of the public may request the Council to pull an item for discussion. Pulled items
shall be heard at the close of the Consent Agenda unless a majority of the Council chooses
another time. The public may comment on any and all items on the Consent Agenda within the
three minute time limit.
C1. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES
(MEJIA)
Recommendation
Waive reading of all resolutions and ordinances as appropriate
C2. MINUTES OF CITY COUNCIL MEETINGS OF MARCH 18, MARCH 25, AND
APRIL 9, 2014 (MEJIA)
Recommendation
Approve and waive oral reading of the Minutes of the City Council meetings of March 18,
2014, March 25, 2014, and April 9, 2014, as presented.
C3. NOVEMBER 4, 2014 GENERAL MUNICIPAL ELECTION - RESOLUTION
(MEJIA)
Recommendation
1. Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis
Obispo, California, calling and giving notice of the holding of a General Municipal
Election to be held on Tuesday, November 4, 2014, for the election of certain officers
as required by the provisions of the City Charter and adopting regulations for
Candidates’ Statements.
2. Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis
Obispo, California, requesting the San Luis Obispo Board of Supervisors to
consolidate the General Municipal Election on Tuesday, November 4, 2014, with the
Statewide General Election to be held on that date.”
13.b
Packet Pg. 294 Attachment: b - 05-06-14 Amended Special + Regular Meeting Agenda (1325 : Directed Giving Meter Donation Program)
San Luis Obispo - Regular Meeting Agenda of May 6, 2014 Page 5
C4. MARKETING SERVICES CONTRACT FOR THE TOURISM BUSINESS
IMPROVEMENT DISTRICT (CODRON/JOHNSON/CANO)
As recommended by the Tourism Business Improvement District (TBID) Board
1. Award a contract to BCA/StudioGood for tourism marketing services, Specification
No. 91275.
2. Authorize the Mayor to execute the contract.
C5. PUBLIC RESTROOMS AVAILABILITY (GRIGSBY/LYNCH)
Recommendation
1. Develop a restroom map for businesses and the Chamber of Commerce office to
share with visitors.
2. Continue extended hours at Mission Plaza restroom and availability of Broad Street
restroom.
3. Support opportunities for Public – Private partnerships to provide restrooms available
to the general public as part of development.
C6. REVIEW AND ACCEPTANCE OF THE 2013 ANNUAL REPORT ON THE
GENERAL PLAN (GPI 54-14) (JOHNSON/LEVEILLE)
As recommended by the Planning Commission
Accept the 2013 Annual Report on the General Plan.
C7. DESIGN SERVICES FOR SUPERVISORY CONTROL AND DATA
ACQUISITION SYSTEM UPGRADE CONTRACT - AMENDMENT NO. 1,
(MATTINGLY/METZ)
Recommendation
1. Approve a contract amendment with Cannon in the amount of $37,870 for design
services for the Water Supervisory Control and Data Acquisition (SCADA) Project,
Specification No. 91062.
2. Approve the transfer of $1,000 from the construction phase to the design phase of the
project.
13.b
Packet Pg. 295 Attachment: b - 05-06-14 Amended Special + Regular Meeting Agenda (1325 : Directed Giving Meter Donation Program)
San Luis Obispo - Regular Meeting Agenda of May 6, 2014 Page 6
C8. FLEET REDUCTION - SKID STEER UNIT 9601 (GRIGSBY/BOCHUM/SMITH)
Recommendation
1. Approve removal of a Case Skid Steer Tractor from the City’s fleet.
2. Authorize the transfer of Capital replacement costs for this unit from the Capital
Improvement Plan project, Specification No. 91233, to the Fleet Operating Program
budget.
3. Authorize the surplus designation of Case Skid Steer Tractor, Fleet Asset No. 9601, by
sale, auction, trade-in or other method in accordance with the City’s policies and
procedures as prescribed in the Financial Management Manual Section 405-L and 480.
C9. PROJECT MANAGEMENT SOFTWARE REPLACEMENT (GRIGSBY/HORN)
Recommendation
1. Approve the Request for Proposals for Project Management Software Replacement,
Specification No. 91296.
2. Authorize the City Manager to execute an agreement with the selected vendor.
3. Authorize the Finance Director to execute and amend the Purchase Orders for the
annual software licensing cost in an amount not-to-exceed the authorized licensing
budget.
C10. POLICE DEPARTMENT HVAC REPLACEMENT (GRIGSBY/MCGUIRE)
Recommendation
1. Approve plans and specifications for "Police Department HVAC Replacement,
Specification No. 91251.”
2. Authorize staff to advertise for bids and authorize the City Manager to award the
contract if the lowest responsible bidder is within the Engineer’s Estimate of
$140,000.
3. Approve the transfer of $18,500 from the project’s construction management account
to the construction account at the time of bid award.
13.b
Packet Pg. 296 Attachment: b - 05-06-14 Amended Special + Regular Meeting Agenda (1325 : Directed Giving Meter Donation Program)
San Luis Obispo - Regular Meeting Agenda of May 6, 2014 Page 7
PUBLIC HEARINGS
PH2. RESIDENTIAL PARKING PERMIT DISTRICT REQUEST (PROPERTIES
WITH 4 UNITS OR LESS) NEAR OLD MISSION SCHOOL - RESOLUTION
(GRIGSBY/MANDEVILLE – 45 MINUTES)
Recommendation
1. Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis
Obispo, California, establishing a residential parking permit district for The Mission
Orchard Neighborhood, establishing days and hours of operation of said District, and
installing parking meters on the 600 block of Palm Street to address the potential for spill
over parking,” to:
a. Establish a residential parking permit district in the Mission Orchard neighborhood
as shown in Exhibit A from 6:00 am to 6:00 pm, Monday through Friday.
b. Install parking meters on the 600 block of Palm Street adjacent to Mission
College Prep.
2. Appropriate $21,200 from the un-appropriated Parking Fund working capital reserve to
fund the appropriate signs, posts, permits and other miscellaneous costs to establish the
district and adjacent parking meter installation.
BUSINESS ITEMS
B3. DROUGHT-RELATED REVIEW OF AVERAGE WINTER WATER USE FOR
2014-15 SEWER CAP – (MATTINGLY/HIX/MUNDS – 45 MINUTES)
Recommendation
1. Make no change to the 2013-14 Average Winter Water Use (AWWU) period.
2. Confirm the establishment of the 2014-15 residential sewer caps based on the average
of the data gathered during a customer’s 2013-14 AWWU period.
3. Due to extraordinary drought conditions during the 2013-14 AWWU period, upon
customer request to be received no later than October 1, 2014, allow adjustments to
individual sewer caps to be reviewed for drought impacts and approved by the Utility
Billing Adjustment Committee on a case by case basis where appropriate.
4. Direct staff to return to Council within twelve months with a draft policy to establish
guidelines for the Average Winter Water Use period related to drought conditions.
13.b
Packet Pg. 297 Attachment: b - 05-06-14 Amended Special + Regular Meeting Agenda (1325 : Directed Giving Meter Donation Program)
San Luis Obispo - Regular Meeting Agenda of May 6, 2014 Page 8
B4. REVIEW OF BALLOT MEASURE LANGUAGE AND A DRAFT ORDINANCE
TO EXTEND THE “ESSENTIAL SERVICES TRANSACTION (SALES) AND USE
TAX” - THE CITY’S LOCAL HALF-PERCENT SALES TAX - DISCUSSION OF
ALTERNATIVES (LICHTIG/CODRON/DIETRICK – 60 MINUTES)
Recommendation
Review and consider the following items, and provide direction to staff, as appropriate.
1. Draft ballot measure language to extend the local half-percent sales tax, originally
approved in 2006 with an eight-year sunset clause.
2. Draft amendments to Municipal Code Chapter 3.15 that would be proposed to the
voters by a ballot measure ordinance to extend the local sales tax measure for an
additional eight year period.
3. Issues relating to alternative revenue measures, including the possibility of replacing
the current general purpose measure with a new special purpose tax.
4. Procedural requirements to place a tax measure before the voters.
B5. AMENDMENTS TO THE CITY’S ELECTION CAMPAIGN REGULATIONS -
ORDINANCE INTRODUCTION (MEJIA/DIETRICK – 30 MINUTES)
Recommendation
Introduce an Ordinance entitled “An Ordinance of the City Council of the City of San
Luis Obispo, California, amending Chapter 2.40 of the Municipal Code related to
Election Campaign Regulations,” to incorporate the recommendations of the Election
Campaign Regulations Committee, as modified by Council.
COUNCIL LIAISON REPORTS (not to exceed 15 minutes)
Council Members report on conferences or other City activities. Time limit—3 minutes.
COMMUNICATIONS (not to exceed 15 minutes)
At this time, any Council Member or the City Manager may ask a question for clarification,
make an announcement, or report briefly on his or her activities. In addition, subject to Council
Policies and Procedures, they may provide a reference to staff or other resources for factual
information, request staff to report back to the Council at a subsequent meeting concerning any
matter, or take action to direct staff to place a matter of business on a future agenda. (Gov. Code
Sec. 54954.2)
13.b
Packet Pg. 298 Attachment: b - 05-06-14 Amended Special + Regular Meeting Agenda (1325 : Directed Giving Meter Donation Program)
San Luis Obispo - Regular Meeting Agenda of May 6, 2014 Page 9
ADJOURNMENT
Adjourn to a Closed Session to be held on Tuesday, May 20, 2014 at 5:00 p.m. in the Council
Hearing Room, 990 Palm Street, San Luis Obispo, California. The Regular Meeting will
commence at 6:00 p.m. in the City Council Chambers located at 990 Palm Street, San Luis
Obispo, California.
LISTENING ASSISTIVE DEVICES are available for the hearing impaired--please see City Clerk.
The City of San Luis Obispo wishes to make all of its public meetings accessible to the public. Upon
request, this agenda will be made available in appropriate alternative formats to persons with disabilities. Any
person with a disability who requires a modification or accommodation in order to participate in a meeting should
direct such request to the City Clerk’s Office at (805) 781 -7100 at least 48 hours before the meeting, if possible.
Telecommunications Device for the Deaf (805) 781-7107.
City Council regular meetings are televised live on Charter Channel 20. Agenda related writings or documents
provided to the City Council are available for public inspection in the City Clerk’s Office located at 990 Palm
Street, San Luis Obispo, during normal business hours, and on the City’s website www.slocity.org. Persons with
questions concerning any agenda item may call the City Clerk’s Office at (8 05) 781-100.
13.b
Packet Pg. 299 Attachment: b - 05-06-14 Amended Special + Regular Meeting Agenda (1325 : Directed Giving Meter Donation Program)
COUNCIL MEMORANDUM
DATE: January 3, 2014
TO: Mayor and City Council
VIA: Katie Lichtig, City Manager
VIA: Chief Gesell, Chief of Police
Written by: Keith Storton, Police Captain
Re: Update on Directed Giving Campaign
The purpose of this memorandum is to advise Council as to the status of the Directed
Giving Campaign and Donation Station Meter Project.
In November and December of 2013 the Directed Giving Project Team met to discuss
common goals with an emphasis on developing a Donation Station Meter Program to
help support homeless service efforts and provide community awareness to “change the
culture” about the adverse effects of citizens providing handouts to panhandlers. The
efforts of the committee are consistent with Major City Goals in the area of
Homelessness and Revitalizing Downtown.
The make-up of the project team consists of a diverse group of City employees
representing the Police Department, Public Works, Finance & IT, Community
Development and Parks and Recreation. Community members include representatives
from the Downtown Association and the United Way. The United Way has been
designated as the non-profit 501(c)(3) organization which will manage and distribute
donated funds for homeless service efforts.
Initially the committee included members from Cal Poly University and Cuesta College,
however, after further discussions both opted out of participation in the Meter Donation
Station Program. Both, however, were interested in the educational component of the
Directed Giving Campaign and were willing to circulate information on their campuses
as the committee further develops a marketing strategy.
The Project Team created a Partnership Agreement. The agreement outlines the roles
and responsibilities for each of the participating entities and will act as a guideline as the
Project Team moves forward with Directed Giving opportunities and the Meter Donation
Station Project.
13.c
Packet Pg. 300 Attachment: c - 2014 Directed Giving Council Memo (1325 : Directed Giving Meter Donation Program)
The Project Team reviewed current directed giving efforts. Under the direction of
Community Development, through the City website, a link was created titled “Homeless
Solutions”. This link provides public information related to homelessness in our
community and directs people homeless service opportunities for those in need. It also
provides information on the Directed Giving campaign as well as plans for the
development of the Meter Donation Station Project. Citizens can utilize links on this
page to go directly to the United Way website to provide direct donations.
The Project Team discussed in detail Donation Meters and the logistics with the
implementation and installation of meter heads. Currently the City uses IPS Group Inc.
for our digital parking meters. This company will donate meter heads which will be used
specifically as donation locations. The meters will be placed in heavily pedestrian
traveled areas in the Downtown. They will be marked in such a way that they will be
distinguished as donation sites only and will not be confused with normal parking
meters.
The Project Team has decided to install seven meters ini tially as a pilot program. The
Project Team is currently looking at a variety of areas Downtown and will meet in mid-
January to physically examine these sites to determine the viability of these locations.
Initially, after installation, the meters will be marked and distinguished as donation sites.
Donations placed into the meters (either by card or cash) will be given directly to the
United Way. The Project Team will work with the United Way to identify appropriate
homeless service providers as beneficiaries of these funds. The Project Team has titled
the meter donation project as “Change for Change – Help the Homeless” and will use
this designation as part of the education/marketing process.
Incorporated into the Project T eam plan is an eventual Public Art component. The intent
is to acquire funds to decorate the meters in a significant way. This effort will increase
community awareness, involvement and be consistent with the review and approval
process for all Public Art projects as required by the City.
The Project Team is considering a meter sponsorship program where interested entities
could vie for temporary “ownership” of a meter. Meters could be marked appropriately
with sponsorship recognition and then auctioned again (perhaps a year later) to raise
additional awareness and funds. Funding from this effort can be used to raise money for
the Public Art piece of this effort and/or dona ted to United Way to further support
homeless service needs.
Chief Gesell will be attending Good Morning SLO in January or February to discuss the
sponsorship component as a kick off to this piece of the effort. Included in this
memorandum is a flyer that will be distributed to provide more information about both
the Directed Giving Campaign and the Meter Donation “Change for Change” efforts.
13.c
Packet Pg. 301 Attachment: c - 2014 Directed Giving Council Memo (1325 : Directed Giving Meter Donation Program)
The Project team recently applied for a Community Project Application Grant through
the County Board of Supervisors. If selected these funds could also be used to support
the Public Art project and future public awareness and marketing efforts. We are
awaiting a decision from the County to see if we will be awarded the grant.
The Project Team plans to meet regularly as this project unfolds. It is anticipated the
Project team will soon define meter location sites, develop a meter sponsorship plan
and eventually move into a Public Art process.
13.c
Packet Pg. 302 Attachment: c - 2014 Directed Giving Council Memo (1325 : Directed Giving Meter Donation Program)
Page intentionally left
blank.
Meeting Date: 5/17/2016
FROM: Derek Johnson, Assistant City Manager/Interim Director of Finance & I.T.
Prepared By: Vilma Warner- Finance Operations Manager
SUBJECT: REQUEST FOR PROPOSALS FOR BANKING SERVICES
RECOMMENDATION
Approve the issuance of a Request for Proposals (RFP) for banking services to be sent to all
bank and savings and loan institutions with full-service branches located in the City of San Luis
Obispo.
Background
Bank of America informed the City in late February 2016 that it woul d not renew the city’s
contract for economic reasons. Bank of America extended the existing terms for banking services
until September 30, 2016. After September 30, 3016, if new treasury and banking services is not
secured with a new bank, Bank of America has indicated that they will provide banking services
on a month to month basis fees adjusted upward.
Because of changes in Federal Banking Laws, banks have to maintain greater liquidity for
governmental deposits and have made business decisions to not serve municipalities throughout
the Country. The current contract extension is to provide banking services under the same terms
and cost structure until to September 30, 2016 so that the City could negotiate a new treasury and
related banking services. Through the attached RFP, the City is seeking a qualified and insured
financial institution to provide comprehensive banking services for general treasury and banking
services related to its cash management operations. Although the City would normally have
issued an RFP much sooner, the bank’s decision wasn’t communicated until days before the
contract was due for renewal.
Scope of Services
Prospective banks must be able to provide the scope of services detailed on pages 2 and 3 of the
RFP to the City. In addition to account services, that would be similar to personal banking
needs, there are additional services required that are specific to the City as a municipal
government. These include, but are not limited to: armored car service, parking meter coin
counting, payroll deposit service; Local Agency Investment Fund (LAIF) and online daily cash
balance reports.
The proposed RFP includes Positive Pay as a “required service” in addition to current services.
Positive Pay is an important security product used to prevent check fraud that has become
14
Packet Pg. 303
standard in most government agencies. It will eliminate the possibility of fraudulent checks
being cashed on the City’s account.
In addition to the scope of required services, proposers may offer the City optional and additional
services. These optional and additional services may include free or reduced price banking
services to City employees (provided such benefits are provided to the similarly situated general
public, i.e. those employed by other large employers), electronic accounts payable processing or
any other service that the proposer believes will benefit the City.
Proposal Evaluation and Selection
The proposal evaluation factors and process are set forth in the RFP, which notes that the
contract award will not be based solely on price, but on a combination of factors as determined to
be in the best interest of the City. After evaluating the proposals and discussing them further
with the finalists or the tentatively selected bank, the City reserves the right to further negotiate
the proposed work and/or method and amount of compensation.
Staff recommends that the review team be composed of the Assistant City Manager, Director of
Finance & Information Technology, Finance Operations Manager and other departmental
representatives that have a stake in banking services. The City is currently in discussions with
PFM, the firm that manages the City’s investments to assist with the evaluation of proposals and
to negotiate the terms of the banking services agreement. They provide this service for a variety
of their municipal clients throughout California.
Proposed Schedule
a. Issue RFP June 1, 2016
b. Deadline for submission of questions July 1, 2016
c. Receive proposals July 15, 2016 3.00 PM.
d. Complete proposal evaluation August 1-10, 2016*
e. Award contract (City Council) September 6, 2016
f. Start work September 15 , 2016
* Bank/City may request an interview
FISCAL IMPACT
The City’s current banking services costs are approximately $28,000 per year. An analysis by
the City’s investment advisor PFM in February 2016 estimated that if the City were to
competitively bid its banking services, it would likely save the City approximately $10,000 per
year. This is because they believe that the pricing for services can be adjusted to fit the City’s
volume of transactions and expanded to meet current banking needs while also reducing costs.
The fiscal impact of this new service agreement will be provided to Council when it considers
the contract award in late summer 2016.
Attachments:
14
Packet Pg. 304
a - Banking RFP-2015
14
Packet Pg. 305
990 Palm Street San Luis Obispo, CA 93401
Notice Requesting Proposals for
BANKING SERVICES
The City of San Luis Obispo is requesting sealed proposals for banking services pursuant to
Specification No. 91450. All proposals must be received by the Finance Division by 3:00 P.M. on July
15, 2016, at following address.
Director of Finance & Information Technology
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
Proposals received after said time will not be considered. To guard against premature opening, each
proposal shall be submitted to the Finance Division in a sealed envelope plainly marked with the
proposal title, proposer name, and time and date of the proposal opening. Proposals shall be submitted
using the forms provided in the specification package.
Proposal packages and additional information may be obtained by contacting Derek Johnson, Interim
Director of Finance & I.T., at (805) 781-7125.
14.a
Packet Pg. 306 Attachment: a - Banking RFP-2015 (1288 : Banking Services RFP)
1
Specification No. 91450
TABLE OF CONTENTS
A. Description of Work 1
Overview
Background
Scope of Services
Qualifying Requirements
Required Services
Reporting
Pricing and Account Analysis
Optional Services
Additional Services
Conversion
Reference
Additional Exhibits
Evaluation of Proposals and Negotiations
Award of Contract
B. General Terms and Conditions 9
Proposal Requirements
Contract Award and Execution
Contract Performance
C. Special Terms and Conditions 14
Submittal of References
Contract Term
Proposal Content
Proposal Evaluation and Selection
Proposal Review and Award Schedule
Pre-Proposal Conference
Release of Reports and Information
Copies of Reports and Information
Non-Exclusive Contract
D. Agreement 17
E. Insurance Requirements 19
F. Proposal Submittal Package 21
Proposal Submittal Coversheet
References
Disqualifications Statement
Supplemental Attachments
Availability Schedule
Required Services
Pricing
14.a
Packet Pg. 307 Attachment: a - Banking RFP-2015 (1288 : Banking Services RFP)
1
Section A
DESCRIPTION OF WORK
I. INTRODUCTION
The City of San Luis Obispo (City) is seeking proposals from qualified financial institutions to provide
comprehensive banking services and related financial services. Currently, the City’s general banking and
merchant services are provided by Bank of America. The financial institution must be incorporated under
the laws of the State of California or of the United States with an office/deposit locat ion within the City
limits.
II. BACKGROUND
The City is a “charter city” incorporated on February 19, 1856. It is located in San Luis Obispo County
and has an estimated population of 45,000. The Council is comprised of five elected citizens and the
City Manager is the City’s chief executive.
The City currently has 388 regular employees and may employ over 200 temporary employees on a
seasonal basis. For fiscal year 2015-16, the City has adopted a budget of approximately $123 million,
which includes capital expenditures of approximately $22 million.
The City’s primary objective is to evaluate the current market environment for baking services, and
establish a new contract with a financially secure bank that best meet the needs of the City and offers the
highest quality of service at the lowest cost. With this new banking services contract, the City wishes to
create efficiencies, make improvements where possible and take advantage of new, applicable
technologies. It is the City’s intent to maintain all commercial banking services with one f inancial
institution to improve our banking, cash management, and customer services capabilities without
sacrificing internal controls especially in areas of account reconciliation, direct deposit, positive pay,
ACH and other electronic transactions. However, the City reserves the right to award multiple banking
services contracts if it is deemed to be in the best interest of the City to do so.
The City will endeavor to administer the proposal process in accordance with the terms and dates
outlined in this RFP; however, the City reserves the right to modify the activities, time line or any other
aspect of the process at any time, as deemed necessary by City staff.
By requesting proposals, the City is in no way obligated to award a contract or pay the expe nses of
proposing financial institutions in connection with the preparation or submission of a proposal. The
awarding of any contract will be contingent on the availability of funds and the requisite staff and
Council approvals. The decision to award any contract to a particular financial institution will be based
on a variety of factors listed under Section XI - Evaluation of proposals and negotiations. It is the City’s
interest to do business with banking professionals who are dedicated to the government market. No single
factor will determine the final award decision.
III. SCOPE OF SERVICES
A. Establish a general account and a sweep account as may be necessary to meet the banking
requirements of the City.
B. Bank must be qualified depository for public fund pursuant to the applicable State of California
codes. All balances must be collateralized through the pool collateral system required under the
14.a
Packet Pg. 308 Attachment: a - Banking RFP-2015 (1288 : Banking Services RFP)
2
State of California
C. Disburse funds via repetitive wire transfers or ACH upon either telephone or online request of an
authorized person under best accounting internal control practices
D. Accept and send ACH transactions and provide online notification of ACH deposits within 24
hours.
E. Accept and send other electronic deposits including, but not limited to, image cash letter files
created by the City remittance processing software and the City utility billing website payment
processor.
F. Process direct deposit of employee payroll bi-weekly. Approximately 590 of the City employees
receive their payroll via direct deposit.
G. Provide consolidated deposits for customer payments made through online bill payment
providers. Provide a single file of these payments to the City for posting through direct
integration with current and future accounts receivable systems.
H. Provide credit card merchant services.
I. Provide full account reconcilement, positive pay services, electronic fraud protection, electronic
deposits and disbursements.
J. Accept deposits at vault locations and at local branch if necessary.
K. Provide armored car services. Courier pick-ups at City Hall shall be made no earlier than 11:00
a.m. to allow sufficient time for the preparation of the deposit, and no later than required to
ensure proper credit to the City’s account on that day.
L. Provide deposit slips, deposit bags and coin wrappers free of charge to the City’s Finance and
Information Technology Department.
M. Provide coin counting and bagging services for parking meter collections.
N. Process State of California Local Agency Investment Fund transfers and receives electronic
funds payments for deposit of other State and county apportionments.
O. Provide automated account reconcilement reporting services for City accounts. Available
information should include, but not be limited to: closing ledgers, closing collected, opening
ledgers, opening collected, float, previous day debit, and credit details (including bankcard
deposits, sweep transfers, and ACH credit and debit detail).
P. Provide online access to account information, cleared checks, and automated stop payment.
Q. Provide monthly activity and account analysis statements and reports for all accounts. The
statement cutoff should be the last day of the month. Statements must be sent no later than the
10th of the following month.
R. Provide a quarterly review of the City’s account balances and opportunities to improve the City’s
cash management, to be held at the City Offices.
14.a
Packet Pg. 309 Attachment: a - Banking RFP-2015 (1288 : Banking Services RFP)
3
IV. QUALIFYING REQUIREMENTS
A. Be a federally or State of California chartered financial institution.
B. Be a member of the Federal Reserve System and have access to all services.
C. Be a qualified depository for public funds.
D. Be a full service bank in good standing among other comparable banks.
E. Be capable of providing the services sought by the City.
F. Have an established office within the City limits.
G. Agree to assign experienced and dedicated staff who are committed and capable of servicing the
City’s accounts.
H. Be in compliance and good standing with the Community Reinvestment Act.
I. Be sufficiently capitalized to accommodate the City’s cash/investment management needs.
V. REQUIRED SERVICES
Interested vendors must provide the following information to the City to be considered a viable candidate
for this contract:
A. Financial Institution Profile
1. Provide a general overview of financial institution, customer service philosophy, and
identification of the primary office or branch that the City will be assigned to and where
the City will conduct its banking business.
2. Describe the financial institution’s experience in providing similar services for other
public clients. Please include the number of public agency clients, the dollar amount of
public funds on deposit, and financial institution’s knowledge of and adherence t o the
California Government Code and other applicable laws.
B. Staffing
1. Provide resumes of financial institution officers that will be directly involved in the
management of the City account; who the primary contact will be; and what, if any,
experience these officers have in working with public clients, including the number of
years with the proposer’s bank.
2. Describe your bank policy on changing the primary contact person on an account
C. Banking Services
1. Describe the financial institution's ability to provide the banking services described in
Section III, Scope of Services, above and to what extent, if any, the service is
automated.
2. Describe how interest will be calculated and credited on all accounts. Be specific.
3. What is the ledger cutoff time for deposits at the financial institution’s local branch and
at the financial institution’s Processing Center? What time would the financial
institution propose to schedule the daily courier collection to ensure the deposits meet
this deadline?
14.a
Packet Pg. 310 Attachment: a - Banking RFP-2015 (1288 : Banking Services RFP)
4
4. Describe in detail the financial institution’s procedures for handling deposit
adjustments. What documentation on discrepancies does the financial institution
provide? Is the documentation different for cash deposits and check deposits? What is
the minimum adjustment amount? How soon would support documentation of a deposit
discrepancy be provided to the City?
5. Describe the financial institution’s returned item handling and notification procedures.
Is an automatic re-clearing option available? How long does it take for returned items
to be sent to the City? What is the notification process?
6. Describe the financial institution’s stop payment service and features. Can stop
payments be entered online? How long is a stop payment effective?
7. Provide a copy of the availability schedule that would apply to deposits into the City
accounts.
8. List the address of all branch offices in the City’s vicinity.
9. Provide a list of the financial institution's holidays.
10. Describe how the financial institution will collateralize the City deposits.
11. Provide a detailed description of the controls in place to insure the integrity of the funds
transfer system.
12. Describe the types and amounts of insurance and bonding carried.
13. Describe any services and technological enhancements not previo usly mentioned that
should be considered for further improving the effectiveness of the City’s treasury
management operations.
14. Will the financial institution guarantee payment of all items even if it results in the
account being overdrawn temporarily for the day? If not, what fees will be charged for
such services.
15. Does the financial institution have the ability to confirm the clearing status of a check as
an online service?
16. Describe how to receive copies of paid items. How long does it take to obtai n a copy of
a paid check? Is this service available online?
17. Does the financial institution offer a CD-ROM and online imaging service? If so,
please describe the service, the costs associated with this service and how long images
are available online.
18. The City collects and deposits parking meter coin. The coin is picked up by the bank’s
armored car service three times per week, transported to the bank’s central cash vault,
counted and deposited into the City general checking account.
Does the financial institution offer a coin counting and deposit service?
14.a
Packet Pg. 311 Attachment: a - Banking RFP-2015 (1288 : Banking Services RFP)
5
Please describe the process.
What is the charge for this service?
19. The City transacts State of California Local Agency Investment Fund (LAIF) transfers
on a regular basis (several transfers a month) and receives electronic funds payments for
deposit of various State and county apportionments.
Is the financial institution an approved State of California depository? If so, provide
documentation to demonstrate the necessary authority to serve as the City’s treasury
and provide banking services in this RFP.
What is the charge per transfer to LAIF? From LAIF?
Please describe the LAIF transfer process. Are the transfers done by telephone,
terminal (ACH), fax, wire transfer, etc.?
Does the financial institution have an office in Sacramento that maintains a direct
DDA banking relationship with the State Treasurer’s Office and the State
Controller’s Office?
20. Direct Deposit of Payroll is currently in place, with the majority of the City’s
employees participating. The payroll files are transmitted by the City for paydays that
occur on every other Thursday, except on holiday weeks.
Please describe the financial institution's ACH and Direct Deposit service in detail.
What are the different ACH file transmission options available to the City?
What are the transmission deadlines for Direct Deposit ACH files? When (day and
time) does the financial institution need the file from the City, and when specifically
are funds debited from the City’s account?
Please describe in detail the financial institution’s back-up plans for data
transmissions. The City requires immediate notification of any changes or problems
and the ability to re-send a file or to delete a file.
What screening measures does the financial institution use to minimize errors on
files sent to you i.e., pre-notes, ABA screening, etc.?
21. The City currently accepts Visa, MasterCard and American Express credit/debit card
payments through seven terminals.
Please describe the financial institution's Bankcard and Point -of-Sale processing
capabilities.
What authorization methods do you support and which do you recommend?
14.a
Packet Pg. 312 Attachment: a - Banking RFP-2015 (1288 : Banking Services RFP)
6
Please quote a discount rate and all other applicable charges for the credit card
processing described above. Quote rates for both swiped and non -swiped
transactions.
What are the fees associated with debit card transactions?
How is the applicable interchange fee determined for each transaction? What does
the financial institution recommend to minimize interchange fees?
Provide a detail rate and fee structure with breakdown of all the fees, including bank
and association charges.
What type of online reporting services you provide and how adjustments and charge
backs are handled. Are charge backs and other debit adjustments netted from daily
proceeds or debited separately? Is the discount fee refunded when a charge back or
refund occurs? What is the rebuttal process?
When and how will the City receive funds for each day's transactions? Is settlement
by ACH or Fed Wire? Are settlement amounts listed separately on the bank
statement or will they appear as one lump sum? Will the financial institution break
out settlement amounts by merchant location?
Is the bankcard relationship managed by a separate unit of the financial institution, or
by the Account Relationship Manager? Please briefly describe the structure of this
area.
What is the hardware cost if new equipment is required? If new hardware is
required, provide estimates and outline ongoing responsibility for maintaining, any
required hardware.
22. The City utility billing and Business Licenses operations currently have several
automated processes for processing payments and making deposits including credit card and E-
check payments on the City website, payment through other online bill payment providers initiated
by the customer, automatic ACH payments, and image cash letter files initiated by the City.
Please describe the financial institution's ACH service in detail.
What are the different ACH file transmission options available to the City?
What are the transmission deadlines for Direct Deposit ACH files? When (day and
time) does the financial institution need the fil e from the City, and when specifically
are funds credited to the City’s account and debited from customer accounts?
How does the financial institution handle transmission of online bill payments?
Does the financial institution have any limitations in working and accepting deposits
from third party payment processors?
Does the financial institution accept image cash letter files for deposit? Briefly
describe what is required in terms of paper check storage and retention.
14.a
Packet Pg. 313 Attachment: a - Banking RFP-2015 (1288 : Banking Services RFP)
7
.The City requires assurance of ability to provide financial services in the event of a major emergency
and during the disaster recovery period.
Describes in detail, the bank’s compliance with state and federal regulations
pertaining to this area.
Describe testing of core of services applications and systems that assure
information backup, anti-intrusion and other privacy requirements.
Describe operational diversification and geographical dispersal of service
centers.
VI. REPORTING
Describe the frequency and format of reports that you would provide to the City and include sample
reports and records.
VII. PRICING AND ACCOUNT ANALYSIS
A. Provide the proposed prices for the list of basic banking services on the Required Services
Pricing worksheet included in page 26. Itemize any other charges that would apply to these
accounts.
B. Does the City have the option of compensating your bank on either a fee or balance basis? Is the
price the same for either option? If not, what is the difference? If on a fee basis, can excess
balances be used to partially offset activity charges?
C. Please describe the procedures used to make an adjustment to bank statements and to assure a
corresponding adjustment to account analysis statement. How is the adjustment handled if the
analysis period has already ended?
D. How is your earnings credit determined, adjusted and applied? Please include in your
explanation the impact of your reserve requirement, your formula for converting service charges
to balance requirements, and a listing of your earning credits and reserve requirements.
E. Describe the bank's policies concerning daylight overdrafts and what, if any, impact these
policies may have on the management of the City's accounts.
F. Is the bank willing to guarantee the proposed fee for the entire term of the contract? If no how
long are the fees guaranteed?
VIII. OPTIONAL SERVICES
In addition to those listed in Section III, Scope of Services, there are services the City may desire to use
depending on the availability, quality and price of the service offered. Proposals are not required to
14.a
Packet Pg. 314 Attachment: a - Banking RFP-2015 (1288 : Banking Services RFP)
8
address optional services in order to be considered an acceptable proposal. Final selection, however, of
the successful proposal may be based on the ability of the banking institution to provide these services at
an acceptable price as determined by the City.
A. Free or reduced price accounts and other banking services for City employees.
B. Electronic accounts payable processing.
IX. ADDITIONAL SERVICES
There are services not otherwise identified in the City’s RFP that the proposer may offer to the City.
Proposals are not required to address any additional services in order to be considered an acceptable
proposal. However, final selection of the successful proposer may be based on the desirability and cost
of the additional services offered.
X. CONVERSION
A. Describe a conversion plan to transfer assets of the City to your financial institution.
B. What lead-time do you expect will be necessary before the conversion begins?
C. Indicate your plans for educating and training t he City employees in the use of your systems, and
for providing support after the implementation.
XI. EVALUATION OF PROPOSALS AND NEGOTIATIONS
Proposal Evaluation and Selection. Proposals will be evaluated by a review committee based on the
following criteria:
a. Understanding of the work required by the City.
b. Quality, clarity and responsiveness of the proposal.
c. Demonstrated competence and professional qualifications necessary for successfully performing
the work required by the City.
d. Recent experience in successfully performing similar services.
e. Ability to provide evolving technologies, products and services.
f. Reliability and quality of customer service.
g. Financial strength and capitalization.
h. Commitment to the government market.
i. Proposed approach in completing the work.
j. References.
k. Background and related experience of the specific individuals to be assigned to this project.
l. Proposed compensation.
After evaluating the proposals and discussing them further with the finali sts or the tentatively selected
contractor, the City reserves the right to further negotiate the proposed work and/or method and amount
of compensation.
Contract award will be based on a combination of factors that represent the best overall value for
completing the scope of work as determined by the City, including: the written proposal criteria
described above; results of background and reference checks; results from the interviews and
presentations phase; and proposed compensation.
14.a
Packet Pg. 315 Attachment: a - Banking RFP-2015 (1288 : Banking Services RFP)
9
Section B
GENERAL TERMS AND CONDITIONS
PROPOSAL REQUIREMENTS
1. Requirement to Meet All Provisions. Each individual or firm submitting a proposal (proposer)
shall meet all of the terms, of Request for Proposals (RFP) specifications package. By virtue of
its proposal submittal, the proposer acknowledges agreement with and acceptance of all
provisions of the RFP specifications.
2. Proposal Submittal. Each proposal must be submitted on the form(s) provided in the
specifications and accompanied by any other required submittals or supplemental materials.
Proposal documents shall be enclosed in an envelope that shall be sealed and addressed to the
Finance Division, City of San Luis Obispo, 990 Palm Street, San Luis Obispo, CA, 93401. In
order to guard against premature opening, the proposal should be clearly labeled with the
proposal title, specification number, name of proposer, and date and time of proposal opening.
No FAX submittals will be accepted.
3. Insurance Certificate. Each proposal must include a certificate of insurance showing:
a. The insurance carrier and its A.M. Best rating.
b. Scope of coverage and limits.
c. Deductibles and self-insured retention.
The purpose of this submittal is to generally assess the adequacy of the proposer’s insurance
coverage during proposal evaluation; as discussed under paragraph 12 below, endorsements are
not required until contract award. The City’s insurance requirements are detailed in Section E.
4. Proposal Quotes and Unit Price Extensions. The extensions of unit prices for the quantities
indicated and the lump sum prices quoted by the proposer must be entered in figures in the
spaces provided on the Proposal Submittal Form(s). Any lump sum bid shall be stated in figures.
The Proposal Submittal Form(s) must be totally completed. If the unit price and the total amount
stated by any proposer for any item are not in agreement, the unit price alone will be considered
as representing the proposer's intention and the proposal total will be corrected to conform to the
specified unit price.
5. Proposal Withdrawal and Opening. A proposer may withdraw its proposal, without prejudice
prior to the time specified for the proposal opening, by submitting a written request to the
Director of Finance for its withdrawal, in which event the proposal will be returned to the
proposer unopened. No proposal received after the time specified or at any place other than that
stated in the “Requesting Proposals" will be considered. All proposals will be opened and
declared publicly. Proposers or their representatives are invited to be present at the opening of
the proposals.
6. Submittal of One Proposal Only. No individual or business entity of any kind shall be allowed
to make or file, or to be interested in more than one proposal, except an alternative proposal
when specifically requested; however, an individual or business entity that has submitted a sub -
proposal to a proposer submitting a proposal, or who has quoted prices on materials to such
proposer, is not thereby disqualified from submitting a sub-proposal or from quoting prices to
other proposers submitting proposals.
14.a
Packet Pg. 316 Attachment: a - Banking RFP-2015 (1288 : Banking Services RFP)
10
7. Additional Information. The City reserves the right to request additional information and/or
clarification from any or all Proposer.
8. Communications. All questions shall be submitted in writing to Derek Johnson, Interim
Director of Finance & I.T., at djohnson@slocity.org. Telephone communications with City staff
are not encouraged, but will be permitted. However, any such oral communication shall not be
binding on the City.
CONTRACT AWARD AND EXECUTION
9. Proposal Retention and Award. The City reserves the right to retain all proposals for a period
of 60 days for examination and comparison. The City also reserves the right to waive
non-substantial irregularities in any proposal, to reject any or all proposals, to reject or delete one
part of a proposal and accept the other, except to the extent that proposals are qualified by
specific limitations. See the "special terms and conditions" in Section C of these specifications
for proposal evaluation and contract award criteria.
10. Competency and Responsibility of Proposer. The City reserves full discretion to determine
the competence and responsibility, professionally and/or financially, of proposers. Proposers
will provide, in a timely manner, all information that the City deems necessary to make such a
decision.
11. Contract Requirement. The proposer to whom award is made (Contractor) shall execute a
written contract with the City within ten (10) calendar days after notice of the award has been
sent by mail to it at the address given in its proposal. The contract shall be made i n the form
adopted by the City and incorporated in these specifications.
12. Insurance Requirements. The Contractor shall provide proof of insurance in the form,
coverages and amounts specified in Section E of these specifications within 10 (ten) calendar
days after notice of contract award as a precondition to contract execution.
13. Business License and Tax. The Contractor must have a valid City of San Luis Obispo business
license and tax certificate before execution of the contract. Additional information regarding the
City's business license and tax program may be obtained by calling (805) 781-7134.
CONTRACT PERFORMANCE
14. Ability to Perform. The Contractor warrants that it possesses, or has arranged through
subcontracts, all capital and other equipment, labor, materials, and licenses necessary to carry out
and complete the work hereunder in compliance with any and all federal, state, county, city, and
special district laws, ordinances, and regulations.
15. Laws to be observed. The Contractor shall keep itself fully informed of and shall observe and
comply with all applicable state and federal laws and county and City of San Luis Obispo
ordinances, regulations and adopted codes during its performance of the work.
16. Payment of Taxes. The contract prices shall include full compensation for all taxes that the
Contractor is required to pay.
14.a
Packet Pg. 317 Attachment: a - Banking RFP-2015 (1288 : Banking Services RFP)
11
17. Permits and Licenses. The Contractor shall procure all permits and licenses, pay all charges
and fees, and give all notices necessary.
18. Safety Provisions. The Contractor shall conform to the rules and regulations pertaining to
safety established by OSHA and the California Division of Industrial Safety.
19. Public and Employee Safety. Whenever the Contractor's operations create a condition
hazardous to the public or City employees, it shall, at its expense and without cost to the City,
furnish, erect and maintain such fences, temporary railings, barricades, lights, signs and other
devices and take such other protective measures as are necessary to prevent accidents or damage
or injury to the public and employees.
20. Preservation of City Property. The Contractor shall provide and install suitable safeguards,
approved by the City, to protect City property from injury or damage. If City property is injured
or damaged resulting from the Contractor's operations, it shall be replaced or restored at the
Contractor's expense. The facilities shall be replaced or restored to a condition as good as when
the Contractor began work.
21. Immigration Act of 1986. The Contractor warrants on behalf of itself and all subcontractors
engaged for the performance of this work that only persons authorized to work in the United
States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws
shall be employed in the performance of the work hereunder.
22. Contractor Non-Discrimination. In the performance of this work, the Contractor agrees that it
will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination
in employment of persons because of age, race, color, sex, national origin or ancestry, sexual
orientation, or religion of such persons.
23. Work Delays. Should the Contractor be obstructed or delayed in the work required to be done
hereunder by changes in the work or by any default, act, or omission of the City, or by strikes,
fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or
labor due to federal government restrictions arising out of defense or war programs, then the time
of completion may, at the City's sole option, be extended for such periods as may be agreed upon
by the City and the Contractor. In the event that there is insufficient time to grant such
extensions prior to the completion date of the contract, the City may, at the time of acceptance of
the work, waive liquidated damages that may have accrued for failure to complete on time, due to
any of the above, after hearing evidence as to the reasons for such delay, and making a finding as
to the causes of same.
24. Payment Terms. The City's payment terms are 30 days from the receipt of an original invoice
and acceptance by the City of the materials, supplies, equipment or services provided by the
Contractor (Net 30).
25. Inspection. The Contractor shall furnish City with every reasonable opportunity for City to
ascertain that the services of the Contractor are being performed in accordance with the
requirements and intentions of this contract. All work done and all materials furnished, if any,
shall be subject to the City's inspection and approval. The inspection of such work shall not
relieve Contractor of any of its obligations to fulfill its contract requirements.
14.a
Packet Pg. 318 Attachment: a - Banking RFP-2015 (1288 : Banking Services RFP)
12
26. Audit. The City shall have the option of inspecting and/or auditing all records and other written
materials used by Contractor in preparing its invoices to City as a condition precedent to any
payment to Contractor.
27. Interests of Contractor. The Contractor covenants that it presently has no interest, and shall
not acquire any interest—direct, indirect or otherwise—that would conflict in any manner or
degree with the performance of the work hereunder. The Contractor further covenants that, in
the performance of this work, no subcontractor or person having such an interest shall be
employed. The Contractor certifies that no one who has or will have any financial interest in
performing this work is an officer or employee of the City. It is hereby expressly agreed that, in
the performance of the work hereunder, the Contractor shall at all times be deemed an
independent contractor and not an agent or employee of the City.
28. Hold Harmless and Indemnification. The Contractor agrees to defend, indemnify, protect
and hold the City and its agents, officers and employees harmless from and against any and
all claims asserted or liability established for damages or injuries to any person or property,
including injury to the Contractor's employees, agents or officers that arise from or are
connected with or are caused or claimed to be caused by the acts or omissions of the
Contractor, and its agents, officers or employees, in performing the work or services herein,
and all expenses of investigating and defending against same; provided, however, that the
Contractor's duty to indemnify and hold harmless shall not include any claims or liability
arising from the established sole negligence or willful misconduct of the City, its agents,
officers or employees.
29. Contract Assignment. The Contractor shall not assign, transfer, convey or otherwise dispose of
the contract, or its right, title or interest, or its power to execute such a contract to any individual
or business entity of any kind without the previous written consent of the City.
30. Termination. If, during the term of the contract, the City determines that the Contractor is not
faithfully abiding by any term or condition contained herein, the City may notify the Contractor
in writing of such defect or failure to perform. This notice must give the Contractor a 10 (ten)
calendar day notice of time thereafter in which to perform said work or cure the def iciency.
If the Contractor has not performed the work or cured the deficiency within the ten days
specified in the notice, such shall constitute a breach of the contract and the City may terminate
the contract immediately by written notice to the Contractor to said effect. Thereafter, neither
party shall have any further duties, obligations, responsibilities, or rights under the contract
except, however, any and all obligations of the Contractor's surety shall remain in full force and
effect, and shall not be extinguished, reduced, or in any manner waived by the termination
thereof.
In said event, the Contractor shall be entitled to the reasonable value of its services performed
from the beginning date in which the breach occurs up to the day it received the City's Notice of
Termination, minus any offset from such payment representing the City's damages from such
breach. "Reasonable value" includes fees or charges for goods or services as of the last
milestone or task satisfactorily delivered or completed by the Contractor as may be set forth in
the Agreement payment schedule; compensation for any other work, services or goods performed
or provided by the Contractor shall be based solely on the City's assessment of the value of the
work-in-progress in completing the overall workscope.
14.a
Packet Pg. 319 Attachment: a - Banking RFP-2015 (1288 : Banking Services RFP)
13
The City reserves the right to delay any such payment until completion or confirmed
abandonment of the project, as may be determined in the City's sole discretion, so as to permit a
full and complete accounting of costs. In no event, however, shall the Contractor be entitled to
receive in excess of the compensation quoted in its proposal.
14.a
Packet Pg. 320 Attachment: a - Banking RFP-2015 (1288 : Banking Services RFP)
14
Section C
SPECIAL TERMS AND CONDITIONS
1. Contract Term. The term of the contract shall be for a period of three years at which time the
performance of the bank will be evaluated. Upon mutual agreement at that time, the City
Manager may extend the contract for another period of three years.
2. Chartered Institution/Branch Office in City. Proposers must be a federally or State of
California chartered institution and must maintain a full -service branch within the limits of the
City of San Luis Obispo during the term of the contract.
3. Account Activity. The number of transactions indicated in the RFP is believed to be a reliable
estimate of the City’s banking activities. However, the actual number of transactions may vary
and the City provides no guarantees regarding minimum or maximum volumes.
4. Commencement of Banking Services. The successful proposer shall begin providing the full
scope of services no later than September 30, 2016.
5. Proposal Content. Your proposal submission package must include the following information:
Submittal Forms
These are provided in Section F.
a. Proposal submittal summary
b. References from five companies (preferably government agencies) for whom you have
provided similar services and a list of any clients where similar services were provided who
terminated services in the last three years prior to the end of the service agreement
c. Statement of past contract disqualifications
d. Availability schedule
e. Required services pricing schedule
f. Compensation
Note: For ease of preparation, proposers may recreate these forms electronically as long as the
same information is provided in a similar format.
Supplemental Attachments
To be an acceptable proposal, all of the above documents must be included with the submittal,
along with responses to the Required Services set forth in Section A.
In addition, the following attachments may be required:
g. If the prospective banking institution is proposing alternatives or non -substantial deviations
to the Required Services, a full description and justification for the proposed alternative or
deviation must be included with the proposal.
14.a
Packet Pg. 321 Attachment: a - Banking RFP-2015 (1288 : Banking Services RFP)
15
h. If the prospective banking institution is proposing an alternative method for pricing of
banking services, a full description of the alternative must be included with the proposal
along with computation detail.
i. Transaction indicators and estimated quantities have been provided on the Required Services
submission form. It is assumed that the itemization of costs provided in this submittal will
fully compensate the banking institution for all Required Services. In the event that
additional itemization of transactions is required by the proposer in order to be fully
compensated for Required Services, spaces have been provided on the form which should be
completed in full by the proposer. If estimated transaction volumes are required to complete
the submittal form for additional items, the City should be contacted in writing for this
information. The City’s written response will be distributed to all banks who register at the
pre-proposal conference.
j. We encourage you to be creative and educational in your responses. Include information
about the bank’s community involvement and the dedicated resources for serving the public
sector. While your format must be consistent with the requirements of this RFP, if you
believe there is additional information that would be beneficial to us, we invite you to
include it in your proposal.
6. Proposal Length and Copies
a. Proposals should not exceed 25 pages, including attachments and supplemental materials.
Proposals should be on 8 1/2x11 inch paper, minimum 11 point font and top/bottom margins
of at least 0.5 inches and left/right margins of at least 1.0 inches.
b. Three copies of the proposal must be submitted (one signed).
7. Proposal Evaluation and Selection. Proposals will be evaluated by a review committee based
on the following criteria:
a. Understanding of the work required by the City.
b. Quality, clarity and responsiveness of the proposal.
c. Demonstrated competence and professional qualifications necessary for successfully
performing the work required by the City.
d. Recent experience in successfully performing similar services.
e. Ability to provide evolving technologies, products and services.
f. Reliability and quality of customer service.
g. Financial strength and capitalization.
h. Commitment to the government market.
i. Proposed approach in completing the work.
j. References.
k. Background and related experience of the specific individuals to be assigned to this project.
l. Proposed compensation.
As reflected above, contract award will not be based solely on price, but on a combination of
factors as determined to be in the best interest of the City. After evaluating the proposals and
discussing them further with the finalists or the tentatively selected contractor, the City reserves
the right to further negotiate the proposed work and/or method and amount of compensation.
8. Proposal Evaluation and Award Tentative Schedule. The following is an outline of the
anticipated schedule for proposal review and contract award:
14.a
Packet Pg. 322 Attachment: a - Banking RFP-2015 (1288 : Banking Services RFP)
16
a. Issue RFP June 1, 2016
b. Deadline for submission of questions July 1, 2016
c. Receive proposals July 15, 2016 3.00 PM.
d. Complete proposal evaluation August 1-10, 2016*
e. Award contract September 6, 2016
f. Execute contract City Council Award of Contract
g. Start work September 15 , 2016
* Bank may request to interview with staff during this period
.
9. Release of Reports and Information. Any reports, information, data, or other material given
to, prepared by or assembled by the banking institution as part of the work or services under
these specifications shall be the property of City and shall not be made available to any
individual or organization by the banking institution without the prior written approval of the
City.
10. Copies of Reports and Information. If the City requests additional copies of reports, or any
other material in addition to what the banking institution is required to furnish in limited
quantities as part of the work or services under these specifications, the banking institution shall
provide such additional copies as are requested, and City shall compensate the banking
institution for the costs of duplicating of such copies at the banking institution’s direct expense.
11. Non-Exclusive Contract. The City reserves the right to contract with other banking institutions
during the contract term.
14.a
Packet Pg. 323 Attachment: a - Banking RFP-2015 (1288 : Banking Services RFP)
17
Section D
FORM OF AGREEMENT
AGREEMENT
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on this _____________day
of ____________________________________, by and between the CITY OF SAN LUIS OBISPO, a municipal
corporation, hereinafter referred to as City, and _______________ hereinafter referred to as Banking Institution.
W I T N E S S E T H:
WHEREAS, on May 20, 2016 City requested proposals for banking services pursuant to Specification No
90450 and.
WHEREAS, pursuant to said request, the Banking Institution submitted a proposal which was accepted by
City for said banking services.
NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter
contained, the parties hereto agree as follows:
1. TERM. The term of this Agreement shall be, effective _____________________, 2016 for a
three (3) year term; provided, the City and Banking Institution may mutually agree to extend this Agreement for one
(1) additional three (3) year.
2. INCORPORATION BY REFERENCE. The Banking Institution’s proposal dated
_______________,2016, and City’s Section B “General Terms and Conditions and Section E Insurance
Requirements, are attached and incorporated in and made a part of this Agreement.
3. CITY'S OBLIGATIONS. For providing services as specified in this Agreement, City will pay
and the Banking Institution shall receive therefore compensation as set forth in the Banking Institution’s proposal.
4. BANKING INSTITUTION’S OBLIGATIONS. For and in consideration of the payments and
agreements hereinbefore mentioned to be made and performed by City, the Banking Institution shall provide all of
the services set forth in its attached proposal and comply with the terms of this Agreement.
5. AMENDMENTS. Any amendment, modification or variation from the terms of this Agreement
shall be in writing and shall be effective only upon approval by the City Manager of the City.
14.a
Packet Pg. 324 Attachment: a - Banking RFP-2015 (1288 : Banking Services RFP)
18
6. COMPLETE AGREEMENT. This written Agreement, including all writings specifically
incorporated herein by reference, shall constitute the complete agreement between the parties hereto. No oral
agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of
any force or effect, nor shall any such oral agreement, understanding, or representation be binding upon the parties
hereto.
7. NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage
prepaid by registered or certified mail addressed as follows:
City Director of Finance & Information Technology
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
Banking Institution Government Banking
8. AUTHORITY TO EXECUTE AGREEMENT. Both City and the Banking Institution do
covenant that each individual executing this agreement on behalf of each party is a person duly authorized and
empowered to execute Agreements for such party.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year
first above written.
ATTEST: CITY OF SAN LUIS OBISPO, A Municipal Corporation
________________________________ By:_____________________________________
City Clerk City Manager
APPROVED AS TO FORM: BANKING INSTITUTION
________________________________ By: _____________________________________
City Attorney
14.a
Packet Pg. 325 Attachment: a - Banking RFP-2015 (1288 : Banking Services RFP)
19
Section E
INSURANCE REQUIREMENTS
The Contractor shall procure and maintain for the duration of the contract insurance against claims for
injuries to persons or damages to property that may arise from or in connection with the performance of
the work hereunder by the Contractor, its agents, representatives, employees or subcontractors.
Minimum Scope of Insurance. Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code
1 (any auto).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability
Insurance.
4. Meet Federal and State or any other applicable insurance requirements for government held
banking deposits.
Minimum Limits of Insurance. Contractor shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property
damage. If Commercial General Liability or other form with a general aggregate limit is used,
either the general aggregate limit shall apply separately to this project/location or the general
aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared
to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such
deductibles or self-insured retentions as respects the City, its officers, officials, employees and
volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be
endorsed to contain, the following provisions:
1. The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as
respects: liability arising out of activities performed by or on behalf of the Contractor; products
and completed operations of the Contractor; premises owned, occupied or used by the
Contractor; or automobiles owned leased, hired or borrowed by the Contractor. The coverage
shall contain no special limitations on the scope of protection afforded to the City, its officers,
official, employees, agents or volunteers.
2. For any claims related to this project, the Contractor's insurance coverage shall be primary
insurance as respects the City, its officers, officials, employees, agents and volunteers. Any
insurance or self-insurance maintained by the City, its officers, officials, employees, agents or
volunteers shall be excess of the Contractor's insurance and shall not contribute with it.
3. The Contractor's insurance shall apply separately to each insured against whom claim is made or
suit is brought, except with respect to the limits of the insurer's liability.
14.a
Packet Pg. 326 Attachment: a - Banking RFP-2015 (1288 : Banking Services RFP)
20
4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be
suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty
(30) days' prior written notice by certified mail, return receipt requested, has been given to the
City.
Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of
no less than A:VII.
Verification of Coverage. Contractor shall furnish the City with a certificate of insurance showing
required coverage. Original endorsements effecting general liability and automobile liability coverage
are also required by this clause. The endorsements are to be signed by a person authorized by that
insurer to bind coverage on its behalf. All endorsements are to be received and approved by the Ci ty
before work commences.
Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish
separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be
subject to all of the requirements stated herein.
14.a
Packet Pg. 327 Attachment: a - Banking RFP-2015 (1288 : Banking Services RFP)
21
Section F
PROPOSAL SUBMITTAL SUMMARY
The undersigned declares that she or he:
Has carefully examined Specification No. XXXX, which is hereby made a part of this proposal.
Is thoroughly familiar with its contents.
Is authorized to represent the proposing firm.
Agrees to perform the work as set forth in this proposal.
Certifies this proposal meets or exceeds all of the requirements Specification No. 91450, except
as otherwise indicated and supported by supplemental schedules or attachments included with
this proposal.
Certificate of insurance attached; insurance company’s A.M. Best rating: __________________.
Firm Name and Address
Contact Phone
Corresponding Bank (if applicable):
Local Branch Address
Branch Manager Phone
Signature of Authorized Representative
Date
The undersigned declares that they have carefully examined the Request for Proposal, which is hereby
made a part of this proposal; is thoroughly familiar with its contents; is authorized to represent the
proposing firm; and agrees to perform the specified work for the following cost quoted in full.
14.a
Packet Pg. 328 Attachment: a - Banking RFP-2015 (1288 : Banking Services RFP)
22
REFERENCES
Number of years engaged in providing the services included within the scope of the specifications under
the present business name: .
Describe fully the banking services provided to five government agencies performed by your financ ial
institution which demonstrate your ability to provide the services included with the scope of the
specifications. Attach additional pages if required. The City reserves the right to contact each of the
references listed for additional information regarding your firm's qualifications.
Reference No. 1
Customer Name
Contact Individual
Telephone & FAX number
Street Address
City, State, Zip Code
Description of services provided
including contract amount, when
provided and project outcome
Reference No. 2
Customer Name
Contact Individual
Telephone & FAX number
Street Address
City, State, Zip Code
Description of services provided
including contract amount, when
provided and project outcome
Reference No. 3
Customer Name
Contact Individual
Telephone & FAX number
Street Address
City, State, Zip Code
Description of services provided
including contract amount, when
provided and project outcome
14.a
Packet Pg. 329 Attachment: a - Banking RFP-2015 (1288 : Banking Services RFP)
23
Reference No. 4
Customer Name
Contact Individual
Telephone & FAX number
Street Address
City, State, Zip Code
Description of services provided
including contract amount, when
provided and project outcome
Reference No. 5
Customer Name
Contact Individual
Telephone & FAX number
Street Address
City, State, Zip Code
Description of services provided
including contract amount, when
provided and project outcome
Additionally, attach a listing of any clients where similar services were provided who terminated services
in the last three years prior to the end of the service agreement.
14.a
Packet Pg. 330 Attachment: a - Banking RFP-2015 (1288 : Banking Services RFP)
24
STATEMENT OF PAST CONTRACT DISQUALIFICATIONS
The proposer shall state whether it or any of its officers or employees who have a proprietary interest in
it, has ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal,
state, or local government project because of the violation of law, a safety regulation, or for any other
reason, including but not limited to financial difficulties, project delays, or disputes regarding work or
product quality, and if so to explain the circumstances.
Do you have any disqualification as described in the above paragraph to declare?
Yes No
If Yes, explain the circumstances.
Executed on at _______________________________________ under penalty
of perjury of the laws of the State of California, that the foregoing is true and correct.
______________________________________
Signature of Authorized Proposer Representative
14.a
Packet Pg. 331 Attachment: a - Banking RFP-2015 (1288 : Banking Services RFP)
25
AVAILABILITY SCHEDULE
The proposer guarantees the availability of checks and other deposits for the purpose of
determining float and collected balances as follows:
14.a
Packet Pg. 332 Attachment: a - Banking RFP-2015 (1288 : Banking Services RFP)
26
REQUIRED SERVICES PRICING SCHEDULE
Monthly Unit Price Monthly
Service Description Volume Cost
DEPOSITS
Dep Insurance-Bank Assessment
19,973
Account Maintenance 2
Debits Posted-Other 18
Credits Posted-Other 378
IDS Statement Item Subtotaling
1,059
Photocopies 2
Banking Center Deposit 59
Currency/Coin Dep/$100-QBD-ND 1
Currency/Coin Dep/$100-Banking Center 122
Vault Deposit 517
Dep Conditioning-Surcharge-Vault 19
Currency/Coin Dep/$100-Vault
2,623
Coin Deposit-Non STD Bag Vault 36
Coin Deposit-STD Bag-Vault 60
Check Deposit-ICL 15
Transmission Maintenance 2
Checks Dep Un-Encoded Items
3,332
Image Deposited Items-ICL
4,086
Returns-Chargeback 4
Returns-Reclear 8
Deposit Correction-Cash 4
Deposit Correction-Non-Cash 2
Mail Notification-DCN-Vault 4
Supplies-Deposit Bags -
Supplies-Deposit Tickets -
3rd Party Courier-Vault -
Mail Notification-Receipt-Vault 417
CHECK DISBURSEMENT
General Checks Paid Truncated 789
Positive Pay Exceptions 0
ARP Post Pay Return Default 0
Stop Pay Automated<=12 months 2
CD ROM Maintenance 1
Image Retrieval CPO 0
14.a
Packet Pg. 333 Attachment: a - Banking RFP-2015 (1288 : Banking Services RFP)
27
Monthly Unit Price Monthly
Service Description Volume Cost
CD ROM Disk 1
CD ROM per Image 786
CPO ARP Positive Pay Notice 84
ARP Partial Positive-pay Main.-Supp. 1
ARP Partial Positive-pay Item 786
ARP Recon Trans End of Cycle 1
ACH TRANSACTIONS
ACH Monthly Maintenance 2
ACH LV-Monthly Maintenance 1
ACH Consumer On Us Debits 139
ACH Consumer Off Us Debits 961
ACH Consumer On Us Credits 137
ACH Consumer Off Us Credits 934
ACH LV Off Us Items 32
ACH Originated Addenda 32
ACH Blocks Authorization Instructions 27
ACH Debit Received Item 74
ACH Credit Received Item 376
ACH Return Item 3
ACH Input-File 6
ACH Input-E-channel 2
Pay mode Con Transaction
2,253
ACH Blocks Authorization Maintenance 1
ACH Blocks Authorization Add-Change 2
ACH Notification of Change (NOC) 10
ACH Standard Reports-Fax 2
ACH Standard Reports-Electronic 3
CPO GP Mthly Main. Basic 1
WIRE/FUNDS TRANSFERS
Elec Wire Out-Domestic 3-6
Elec Wire Out-Book DB 0
Incoming Domestic Wire 2
Book Credit 2
INFORMATION REPORTING
Cash Pro-Website GPS Confirms 1
Cash Pro-Website Wire Payee Advising 1
Order Templates Store on wire system 2
Website Premium Previous Day Report Account 1
Website Premium Current Day Report Account 1
Website Premium CDR Item stored 461
14.a
Packet Pg. 334 Attachment: a - Banking RFP-2015 (1288 : Banking Services RFP)
28
Monthly Unit Price Monthly
Service Description Volume Cost
Website Online Subscription 1
Website Premium IR Maintenance 1
Website Premium Research Item 59
Website Per Image Access 36
INVESTMENT
Sweep Account 1
Itemized pricing for any proposed additional or optional services should be provided separately with
those proposals.
14.a
Packet Pg. 335 Attachment: a - Banking RFP-2015 (1288 : Banking Services RFP)
29
COMPENSATION
All submittals must provide for the compensation options below. These computations should
only be provided for Required Services.
Fee for Service Method. Under this method, bank fees should be charged based on account
activity volume.
$
Variable Compensating Balance Method. Under this method, the collected balance required to
be maintained by the City will vary monthly based on the city’s transaction volumes and the
proposer’s unit prices for service, reserve requirement and earnings allowance. Proposer must
identify the source of the proposed earnings allowance and computation detail. Using the
definitions and calculation outlined below, calculate the balance required to offset the Required
Services as described in the Proposal Submission Package.
Monthly Activity Service Charge - Extension of actual transaction volumes as indicated in the
Proposal Submission Package under Required Services for the extended monthly cost.
Monthly Earnings Allowance - Proposer must identify source and computation detail for the
proposed earnings allowance.
Reserve Requirement - Proposer’s reserve requirement as specified by the Federal Reserve
Board.
Complete the calculation below to determine the required collected balance to pay for services:
Monthly Activity Service Charge/Monthly Earnings Allowance/1-Reserve Requirement = Required Collected Balance to Pay for Services
$
Alternative Method Proposed. If proposers provide an alternative method for paying for
Required Services a supplemental attachment must be prepared and included with the proposal
describing the method in detail along with computation detail.
$
14.a
Packet Pg. 336 Attachment: a - Banking RFP-2015 (1288 : Banking Services RFP)
30
SUPPLEMENTAL ATTACHMENTS
A. Responses to the Required Services set forth in Section A.
B. Armored Carrier and Coin Counting. Please attach a supplemental description of the procedures the
bank will implement to provide armored carrier pick-up five times weekly (at two locations) and coin
counting.
C. Monthly Statement Sample
D. Monthly Account Analysis Sample
E. Basis for Determining Interest Allowance on Compensating Balances
F. Additional Services (with itemized pricing schedule)
G. Optional Services (with itemized pricing schedule)
14.a
Packet Pg. 337 Attachment: a - Banking RFP-2015 (1288 : Banking Services RFP)
Page intentionally left
blank.
Meeting Date: 5/17/2016
FROM: Daryl Grigsby, Director of Public Works
Prepared By: David Athey, Supervising Civil Engineer
SUBJECT: MAINTENANCE WORK JOB ORDER CONTRACT 2016, SPECIFICATION
NO. 91446
RECOMMENDATION
1. Approve Special Provisions for Maintenance Work Job Order Contract 2016,
Specification No. 91446; and
2. Authorize staff to advertise for bids and authorize the City Manager to award the contract
to the lowest responsible bidder.
DISCUSSION
Background
Job Order Contracting is an alternative bidding procedure that was approved by the voters and
added to the City’s Charter on November 5, 2002 (See Attachment A). It provides for on -call
infrastructure repair contracting. The Job Order Contract (JOC) provisions enable the City to
perform construction projects for the repair, remodeling or other repetitive work under a
competitively bid unit price contract. This ensures the City gets a consistent price while speeding
project delivery where detailed design is not required.
The City first implemented a JOC program shortly after the Charter amendment was approved by
the voters. The Gordian Group was retained to develop the JOC program in which 160,000 pre-
priced construction tasks were developed and the contractors bid a percentage mark-up. The City
used this contract for about 2 years. The 2003 JOC lapsed in 2005.
Engineering staff revisited the JOC concept in 2011, and created a more focused specification
targeting trench repairs needed after emergency pipeline repairs occur. Instead of bidding a JOC
program which covers every imaginable type of work and essentially pays the contractor for each
worker and each piece of equipment that is used to complete the work, a program was developed
to bid the finished product. For example, the JOC pays the contractor for each square foot of
roadway repaired, regardless of the number or amount of equipment or labor the contractor uses.
This methodology is consistent with other types of projects the City completes and has made it
simpler for the contractors to prepare and submit proposals, and streamlined delivery of work.
In 2013, the JOC was expanded to include concrete repairs as additional funding was provided
through the Financial Plan to increase the City’s response to damaged areas. Over th e past three
years, engineering staff has generated 120 Task Orders, totaling over $1,000,000. This has
15
Packet Pg. 338
proven to be an effective approach of handling pavement repairs and other maintenance work
items. Since the 2013 Job Order Contract went into effect, 500 patches throughout the City have
been repaired. Another 87 trench repair locations are awaiting repairs. Some trench repairs were
be completed in April 2016, with the remaining repairs to be completed after June, when
additional funding is available. An estimated $120,000 in work is currently needed to complete
the work.
The proposed Maintenance Work JOC 2016 is modeled after the successful Trench Repair and
Minor Concrete JOC 2013, and has been expanded even further to include other, easily identified
maintenance work items. In addition to sidewalk and trench repairs, the new contract will include
potholing of utilities to improve bid documents and reduce change orders, drainage inlet
replacements to remove grated inlets for improved bicycle safety and flood protection, large
scale replacement of signs to meet new reflectivity standards, and modification of tree well
grates to improve pedestrian safety. The complete list of bid items can be seen on the bid form
sheet located in the attached special provisions.
The current JOC is in its third year and will expire on June 30, 2016. The use of the JOC has
demonstrated it is an important tool to greatly expedite delivery of routine, maintenance-related
City funded construction projects that require minimal design plans. The JOC eliminates the
need for multiple small contracts to complete minor, routine maintenance activities.
How the Job Order Contract is Managed and Monitored
When maintenance work covered under the JOC is needed, the repair cost is calculated based on
the contract unit prices. Engineering staff creates a Task Order with the work scope identified
and any location or special provision information provided to the contractor. The contractor then
has the opportunity to ask questions or identify elements overlooked in the Task Order.
Once the contractor accepts the Task Order, it is authorized by the City Engineer for projects of
$45,000 or less, or by the City Manager for more costly projects as long as funding is available
within approved budgets. Task Orders in excess of approved budget will come to the Council for
approval. This process follows the updated City Purchasing Policy and the authorization limits
set by the Council in Resolution No. 10621 (See Attachment B).
ENVIRONMENTAL REVIEW
This project is exempt from environmental review since it is a maintenance and replacement
project. A Notice of Exemption has been filed with the Community Development Department.
FISCAL IMPACT
This contract does not obligate any funds for construction. Once the contract has been executed,
work will be scoped and Task Orders issued for budgeted work. The funding sources for this
work are primarily the Street Reconstruction and Resurfacing (R&R) Master Account, Water
Distribution System Improvement – Trench Repair Master Account, Collection System
Improvement Master Account and the Sidewalk Repair Master Account.
15
Packet Pg. 339
ALTERNATIVES
Deny authorization to advertise. The City Council may choose not to authorize the
advertisement of the project. This is not recommended because the JOC program is a cost-
effective way to get necessary maintenance work completed in a short period of time.
Attachments:
a - 04152003, BUS 6A - Job Order Contracting & Alternative Bidding Procedure
b - R-10621 Updated Purchasing Guidelines
c - Council Reading File - 91446 Maintenance Work JOC 2016 Specials
15
Packet Pg. 340
15.a
Packet Pg. 341 Attachment: a - 04152003, BUS 6A - Job Order Contracting & Alternative Bidding Procedure (1322 : JOC 2016)
15.a
Packet Pg. 342 Attachment: a - 04152003, BUS 6A - Job Order Contracting & Alternative Bidding Procedure (1322 : JOC 2016)
15.a
Packet Pg. 343 Attachment: a - 04152003, BUS 6A - Job Order Contracting & Alternative Bidding Procedure (1322 : JOC 2016)
15.a
Packet Pg. 344 Attachment: a - 04152003, BUS 6A - Job Order Contracting & Alternative Bidding Procedure (1322 : JOC 2016)
15.a
Packet Pg. 345 Attachment: a - 04152003, BUS 6A - Job Order Contracting & Alternative Bidding Procedure (1322 : JOC 2016)
15.a
Packet Pg. 346 Attachment: a - 04152003, BUS 6A - Job Order Contracting & Alternative Bidding Procedure (1322 : JOC 2016)
15.a
Packet Pg. 347 Attachment: a - 04152003, BUS 6A - Job Order Contracting & Alternative Bidding Procedure (1322 : JOC 2016)
15.a
Packet Pg. 348 Attachment: a - 04152003, BUS 6A - Job Order Contracting & Alternative Bidding Procedure (1322 : JOC 2016)
15.b
Packet Pg. 349 Attachment: b - R-10621 Updated Purchasing Guidelines (1322 : JOC 2016)
15.b
Packet Pg. 350 Attachment: b - R-10621 Updated Purchasing Guidelines (1322 : JOC 2016)
15.b
Packet Pg. 351 Attachment: b - R-10621 Updated Purchasing Guidelines (1322 : JOC 2016)
15.b
Packet Pg. 352 Attachment: b - R-10621 Updated Purchasing Guidelines (1322 : JOC 2016)
15.b
Packet Pg. 353 Attachment: b - R-10621 Updated Purchasing Guidelines (1322 : JOC 2016)
15.b
Packet Pg. 354 Attachment: b - R-10621 Updated Purchasing Guidelines (1322 : JOC 2016)
15.b
Packet Pg. 355 Attachment: b - R-10621 Updated Purchasing Guidelines (1322 : JOC 2016)
Meeting Date: 5/17/2016
FROM: Daryl R. Grigsby, Public Works Director
Prepared By: Kyle Rowland, Project Manager
SUBJECT: AMENDMENT TO CONSTRUCTION MANAGEMENT SERVICES
AGREEMENT WITH MNS ENGINEERS FOR LOS OSOS VALLEY ROAD
AT US 101 INTERCHANGE IMPROVEMENT PROJECT, SPECIFICATION
NO. 99821
RECOMMENDATION
Authorize the City Manager to execute Amendment No. 3 to the Construction Management
Services Agreement with MNS Engineers, dated July 1, 2014, increasing the contract by
$175,806, bringing the total contract allowable monthly cumulative payments from $2,650,224
to $2,826,030 for the remainder of the contract.
DISCUSSION
Background
On April 1, 2014, the City Council authorized inviting proposals for Construction Management
(CM) Services for the Los Osos Valley Road - Highway 101 Interchange Project, Specification
No. 99821, and authorizing the City Manager to award a contract up to $2,408,315. After
evaluation of all applicant proposals and interviews, MNS Engineers Inc. ranked the highest.
The anticipated total cost for the multi-year contract (pre-construction, construction, and post-
construction) was $2,352,870.
Since contract award, two previous amendments to the original agreement have been executed.
Amendment No. 1, on October 29, 2014, released the remainder of the contract value when the
Council approved bond financing became available to fund the consultant contracts for the
project. Amendment No. 2, on March 1, 2015, increased the total contract value by $297,354 due
to unforeseen circumstances resulting in an increased construction timeframe and required extra
services encountered during construction.
Amendment
The proposed Amendment No. 3 will cover all anticipated Construction Management tasks that
are remaining to close out the project. These tasks have increased due to the additional
construction oversight that is required as the contractor finalizes construction of the project.
Some of the additional and unexpected construction work that has recently come up is: (1)
additional paving to repair failing rubberized asphalt concrete on U.S. 101; (2) additional San
Luis Obispo Creek rock slope protection required by the Central Coast Regional Water Quality
Control Board; and (3) curb ramp reconfiguration and repair. All three of those items were
16
Packet Pg. 356
unexpected construction changes which require additional construction management expenses.
FISCAL IMPACT
The Interchange project is identified in the 2013-15 Financial Plan, Appendix B – Capital
Improvement Plan, page 3-252 through 3-255. Council approved the project financing at the
June 10, 2014 Council meeting. The project is partially grant funded, with 88.53% of eligible
expenses covered by a $16,000,000 STIP RIP Grant and bonds funding the remaining 11.47%.
The bond payments are secured by the General Fund but will ultimately be reimbursed by the
City’s Traffic Impact Fees and the LOVR Sub Area Impact Fee programs. The utilization of the
project grant will be maximized during the construction.
At this time, approximately $1,700,000 remains unallocated in the project budget, of which
$175,806 will fund the proposed Amendment No. 3. The remaining account balance will be
approximately $1,525,000.
Construction Management Services
Original Agreement $ 418,835
Amendment 1 $ 1,934,035
Amendment 2 $297,354
Amendment 3 (Proposed) $ 175,806
Total Construction Management Budget: $2,826,030
ALTERNATIVE
Do not approve Amendment 3. Council could choose not to approve Amendment 3. The
Interchange project is significant not only in the regional impact of its construction but in the
high cost and grant obligations associated with the funding. It is critical to keep the construction
team on the job to ensure complete and accurate records for the job, in its entirety. In that way,
clear and uniform information will be available for auditing. The contract services also
supplements City resources on labor intensive specialized set of duties. This allows City
resources to maintain the service levels for typical daily duties. For these reasons, this
alternative is not recommended.
Attachments:
a - 99821 CM Amendment 3
16
Packet Pg. 357
AMENDMENT NO. THREE
TO AGREEMENT
THIS AMENDMENT NO. 3 TO AGREEMENT is made and entered in the City of San Luis Obispo on
Tuesday, May 17, 2016, by and between the CITY OF SAN LUIS OBISPO, a municipal corporation,
herein after referred to as City, and MNS ENGINEERS INC., hereinafter referred to as Contractor.
WITNESSETH
WHEREAS, on Tuesday, July 1, 2014 the City entered into an Agreement with Contractor for
Construction Management Services for Los Osos Valley Road-Highway 101 Interchange Project per
Specification No. 99821; and
WHEREAS, on Wednesday, October 29, 2014 the City amended the monthly cumulative
payment amount limit from $418,835 prior to November 1, 2014 to $2,352,870 for the remainder of the
contract; and
WHEREAS, on Tuesday, March 1, 2016 the City amended the monthly cumulative payment
amount limit from $2,352,870 to $2,650,224 for the remainder of the contract; and
WHEREAS, the City desires to amend the monthly cumulative payment amount limit from
$2,650,224 to $2,826,030 for the remainder of the contract and Contractor has submitted a proposal for
this purpose that is acceptable to the City.
NOW THEREFORE, in consideration of their mutual promises, obligations and covenants
hereinafter contained, the parties hereto agree as follows:
1. The scope of services and related compensation is hereby amended as set forth below:
Monthly cumulative payment amount is limited to $2,826,030 for the remainder of the
contract unless adjusted by addendum.
2. All other terms and conditions of the Agreement remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day
and year first written above.
CITY OF SAN LUIS OBISPO
By: ____________________________
Katie Lichtig, City Manager
APPROVED AS TO FORM: CONTRACTOR
_____________________________ By: ____________________________
City Attorney MNS Engineers, Inc.
16.a
Packet Pg. 358 Attachment: a - 99821 CM Amendment 3 (1336 : Amendment to CM Services for LOVR Interchange, Spec. 99821)
Page intentionally left
blank.
Meeting Date: 5/17/2016
FROM: Daryl Grigsby, Director of Public Works
Prepared By: David Athey, Supervising Civil Engineer
SUBJECT: COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CURB RAMPS
2016 PROJECT, SPECIFICATION NO. 91445
RECOMMENDATION
1. Approve Plans and Specifications for the Community Development Block Grant (CDBG)
Curb Ramps 2016 project, Specification No. 91445; and
2. Authorize staff to advertise for bids and authorize the City Manager to award the contract if
the lowest responsible bid is within the Engineer’s Estimate of $118,000.
DISCUSSION
This project is part of an ongoing program to construct sidewalk ramps throughout the City of
San Luis Obispo. The program is partially funded through Community Development Block
Grant (CDBG) and City General funds. The ramps provide access, and implement the
requirements of the Americans with Disabilities Act (ADA) and state accessibility requirements.
As such, they meet one of the fundamental criteria of CDBG funding – to provide access to the
disabled.
In anticipation of future work in Pavement Maintenance Areas 1 and 8, a number of non -
compliant curb ramps will be upgraded. The project consists of ten corners with existing ramps
that do not meet current accessibility regulations. The ramps were selected based on their
location along a major arterial (Santa Rosa) or past accessibility complaints (Patricia Drive).
Replacement of the selected ramps will provide continuous access along both street corridors.
Recent data collection shows the City has 2,436 intersection locations where pedestrians cross
the street. 690 (28%) corners meet current ADA standards. 1229 (50%) crossing locations
already have a transition ramp provided. However, many of these ramps were built years ago
and do not conform to the latest accessibility standards, e.g., having steep grades, having steep
cross-slopes or not having the required truncated domes. The remaining 535 (22%) crossing
points continue to have a curb between the street and sidewalk.
Currently, city practice is to prioritize ADA ramp compliance construction or retrofit on streets
scheduled for near future paving and to individual requests made by citizens. In addition to
CDBG ramp upgrades, the City also upgrades ADA access through other Capital Improveme nt
Projects. Recent upgrade examples include two additional ADA parking spaces at the
17
Packet Pg. 359
Sinsheimer Pool facility, a ramp and upgraded parking spaces for City Hall, and upcoming
accessible restroom facilities at Fire Station 2.
ENVIRONMENTAL REVIEW
This project uses Federal CDBG funds, and National Environmental Protection Act clearance
has been obtained through the County of San Luis Obispo. A Categorical Exemption of
Environmental Impact, in compliance with the California Environmental Quality Act has been
obtained from the Community Development Department.
FISCAL IMPACT
This project is included in the 2015-17 Financial Plan, pages 3-109 to 3-111. The total
anticipated budget needed for project construction is $153,600. The current project budget is
$105,000, which leaves a $48,600 shortfall. Therefore, staff recommends that additional funds
be allocated from the Street Reconstruction and Resurfacing Master Account to complete the
needed budget. The Street Reconstruction and Resurfacing Account currently has a balance of
$499,665 of which $300,000 is available for this project and the 2016 Roadway Sealing Project.
A Budget Amendment Request will be completed at the time of contract award to transfer
funding into this project’s account.
CDBG CURB RAMPS 2016, SPECIFICATION NO. 91445
Proposed Funding by Source Construction Costs Estimate
2015 CDBG Grant: $105,000 Construction: $118,000
R&R Master Account (90346) $48,600 Contingencies: $33,600
Materials Testing: $1,500
Printing: $500
Total $153,600 Total for Construction $153,600
ALTERNATIVES
Deny authorization to advertise. The City Council may choose not to authorize project
advertisement. This is not recommended because the CDBG Curb Ramp project is mostly
supported by grant money and the project provides ADA access to City sidewalks.
Attachments:
a - Council Reading File - 91445 Plans
b - Council Reading File - Curb Ramps 2016 Specials
17
Packet Pg. 360
Meeting Date: 5/17/2016
FROM: Daryl Grigsby, Public Works Director
Prepared By: David Athey, Supervising Civil Engineer
SUBJECT: ROADWAY SEALING 2016, SPECIFICATION NO. 91311
RECOMMENDATION
1. Approve plans and specifications for the Roadway Sealing 2016 Project, Specification No.
91311; and
2. Authorize staff to advertise for bids and authorize the City Manager to award the contract if the
lowest responsible bid is within the Engineer’s Estimate of $1,199,705.
DISCUSSION
Background
The City’s Pavement Maintenance Plan (Pavement Plan) was adopted by the City Council on April
14, 1998. The Pavement Plan was updated to provide additional emphasis on arterial street
maintenance in 2009. A key Pavement Plan element is the establishment of a rotating and
methodical pavement maintenance approach. This ensures that entire City road system receives
regular preventative or corrective maintenance on a regular basis. Last summer, available street
maintenance funding from the City’s Local Revenue Measure was used for arterial maintenance
efforts on Johnson Avenue and Osos Street. Funding was not used for annual neighborhood street
sealing last year in accordance with Council’s direction. This year, the program funding will be
used to seal neighborhood pavement maintenance Areas 1 and 8 (Attachment A).
The intent of this project is to prevent more expensive maintenance work in the future. Preventative
and ongoing maintenance is less costly and more environmentally beneficial than street re-paving.
Ongoing neighborhood street maintenance also enables the City to make progress on the Council’s
established goal to maintain at least 70% of local streets in good condition and less than 7% in bad
condition.
In anticipation of this year’s roadway sealing project, the City’s Street Maintenance crew has
performed pavement repairs and crack sealing in pavement maintenance Areas 1 and 8. This
preparatory work increases the slurry seal application’s long-term effectiveness and reduces overall
construction costs.
Slurry seal is a mixture of asphalt emulsion, aggregates and water. The quality of the seal is very
much dependent on the quality of its materials. In the past, the City has used potable water from
fire hydrants. Recently, however, the City started using reclaimed water since it does not have
an effect on the slurry emulsion, it is more environmentally beneficial, and most importantly,
18
Packet Pg. 361
saves drinking water for potable uses. The City has saved tens of thousands of gallons since
switching to recycled water.
CONCURRENCES
This project is categorically exempt from environmental review pursuant to CEQA Guidelines
section 15301 (Existing Facilities) since it is a maintenance and replacement project and a Notice
of Exemption has been filed through the Community Development Department.
FISCAL IMPACT
There is currently $499,665 in the Street Reconstruction & Resurfacing Master Account;
however, several significant repairs are planned for completion on the arterial system through the
existing Job Order Contract. In addition, minor funding augmentation is required to support
required ramp construction work associated with Area 1 and 8. At this time it anticipated that
$300,000 will be available to support this and the 2016 CDBG 2016 Curb Ramps Project. In
addition, staff is recommending using $30,000 of Bicycle Facility Improvement funds to pay for
implementation of bicycle related striping. With the approval of the 2016-2017 Budget
Supplement, an additional $1,510,700 in construction funds will be available on July 1, 2016,
bringing the total funding available to $1,792,700 to support this request of $1,454,661. This
project will not be awarded until after July 1, 2016. A recommendation to award this project will
not be made until Council approves the 2016-17 Financial Plan Supplement.
These projects are 100% funded through the Local Revenue Measure, the half-cent revenue
enhancement measure approved by the City’s residents.
18
Packet Pg. 362
Street R& R Master
Account (90346)
Bicycle
Facility
Impr.
(90572)
Total
Construction Estimate:$1,169,705 $30,000 $1,199,705
Contingencies:$175,456 $0 $175,456
Construction Management:$70,000 $0 $70,000
Material Testing:$4,500 $0 $4,500
Printing:$500 $0 $500
Total for Construction:$1,420,161 $30,000 $1,450,161
Project Cost by Funding Sources
Current Funds Available:$252,000 $30,000 $282,000
Additional Funds Available July 1,
2016:$1,510,700 $0 $1,510,700
Total Funds Available After July
1, 2016:$1,762,700 $30,000 $1,792,700
*$300,000 is available of which $48,600 will be used for the CDBG 2016 Curb Ramps Project.
ALTERNATIVES
Deny authorization to advertise. The City Council may choose not to authorize project
advertisement. This is not recommended since summer is the best time to seal streets. School is
out and neighborhood traffic volume is lower.
Attachments:
a - AREAS 1 & 8
b - Council Reading File - Plans
c - Council Reading File - Special Provisions
18
Packet Pg. 363
P A V E M E N T A R E A S
C I T Y O F S A N L U I S O B I S P O
P A V E M E N T A R E A S
C A L P O L YC A L P O L Y
L A G U N A L A K EL A G U N A L A K E
SW
A
N
D
R
E
S
A
N
T
A
R
O
S
AB
R
O
A
DC H O R R OJ
O
H
N
S
O
NJ
O
H
N
S
O
N
E L L A
L E F
F F
I
X
L
I
N
I
A U
G
U
S
T
A
J O H N S O NC
A
L
I
F
O
R
N
I
AR O M A U L D O
F O O T H I L L
S E R R A N O
R A M O N A
C E R R OP A T R I C I AH I G H L A N D
M O
N
T
E
R
E
Y S A N L U I SM A R S
H
H I G U E R A M A R G
A R I T
AE L K SH I G U E R A S T R E E TM A D O
N
N
A
P R
A D
O
L
O
S
O
S
O
S
V
A
L
L
E
Y
R O
Y A LP R E F
U
M
O
L
O
S
O
S
O
S
V
A
L
L
E
Y
S O U T H
B R I D G E
H I G H
H I
G
U
E
R
A
P A L M
P E A C H G R A N DS L A C K
M I
O
S
S I
F R E D E R I C K S
S
A
N
T
A
R
O
S
AM
O
R
R
OO
S
O
SC H
O
R
R
ON
I
P
O
M
OA
R
C
H
E
RC
A
R
M
E
LB
E
A C
HB R
O
A D
B
R
O
A
DL A U R E L O R C U T T
O R
C
U
T
T
T A N K F A R M
S
A
C
R
A
M
E
N
T
O
T A N K F A R M
S O U T H W O O D
88
11
18.a
Packet Pg. 364 Attachment: a - AREAS 1 & 8 (1335 : 2016 Roadway Sealing Project)
Meeting Date: 5/17/2016
FROM: Christine Dietrick, City Attorney
SUBJECT: AUTHORIZE USE OF FUNDS FOR CONTINUING LITIGATION
RECOMMENDATION
Authorize the City Attorney to execute a Second Amendment to the Legal Services Agreement
with the law firm of Jarvis, Fay, Doporto (Original Agreement dated March 31, 2015; First
Amendment dated August 17, 2015) increasing the not to exceed amount from $50,000 to
$75,000, for the City’s legal defense in the case of Palacios, et al. v. Nielsen, et al., as authorized
by the City Council and reported out of closed session on March 31, 2015.
DISCUSSION
Background
During the City Council Closed Session on March 31, 2015, Council authorized the defense of
the City as a party in San Luis Obispo Superior Court Case No. 15CV-0150, Gil Palacios and
Micki Howard v. Morten H. Nielsen, Hanne Sandsberg, The City of San Luis Obispo and DOES
1 to 25. That authorization was reported out of closed session in the immediately following open
session.
Due to lack of available resources in the City Attorney’s office to take on another in-house
litigation matter, the City Attorney retained Rick Jarvis of Jarvis, Fay, Doporto to defend the
City. The initial estimated defense costs were anticipated to be within the City Manager’s
contracting authority and the Community Development Department had available budget to
cover the expenses. Thus, with City Manager authorization, the City Attorney signed a Legal
Services Agreement (Attachment A) for Jarvis, Fay, Doporto’s work on this matter and $25,000
was encumbered to the law firm from the Community Development Department budget.
The City filed a demurrer to the original complaint to which the petitioner (plaintiff) responded
by filing an Amended Complaint prior to hearing on the first demurrer. A second demurrer to
the amended complaint addressing new issues then had to be prepared, resulting in greater costs
than were forecast and the need for an amendment to the legal services agreement. A First
Amendment to the Agreement (Attachment B) was authorized via City Manager Report in
August 2015 (Attachment C), which increased the cap to $50,000. The City’s second demurrer
was heard and granted, but the court granted leave to amend the First Amended complaint. The
petitioner filed a Second Amended (third) Complaint, to which the City also drafted and filed a
demurrer and which the court again granted after hearing, but with yet another opportunity to
amend. On April 27, after a continuance at the request of the petitioner, a brief hearing on April
19
Packet Pg. 365
13, 2016 and a brief continuance to accommodate the transition of the file to a new Judge who
had to review the past history of the case, the Court heard and granted the City’s fourth demurrer
in this case. This last grant of the City’s demurrer was without leave to amend, effectively
resulting in the dismissal of the City from the case. As of the date of this report, the case is still
within the appeals deadlines for the petitioner to seek review before the California Court of
Appeal and the City does not know whether the petitioner intends to appeal. Unfortunately, the
final costs associated with the unanticipated multiple demurrer brief and hearing preparation
have driven legal costs exceeding the current contract amount and the City Manager’s approval
authority. Thus, the City Attorney is requesting Council approval of a contract amendment to
address final costs to date that will exceed the current contract cap by an anticipated $5,000-
$10,000 and to provide funding to oppose any appeal that may follow.
Current Authorization Request
Based on the original proposal rates submitted by Jarvis, Fay, Doporto and the estimated
remaining hours of work, the City Council is asked to authorize the City Attorney to sign a
Second Amendment (attachment D) to the original Legal Services Agreement increasing the
contract value to an amount not to exceed amount $75,000. The additional $25,000 will be
encumbered to Jarvis Fay from the Contract Services line of the City Attorney budget to cover
costs through the conclusion of the litigation.
FISCAL IMPACT
The City Attorney Department received $50,000 for Contract Services as part of the 2015 -2017
Financial Plan Development Services Staffing, Contract Services and CDD Reorganization
SOPC for additional legal services support (Attachment E). The first $25,000 of the SOPC funds
was already encumbered to Jarvis Fay in August 2015 for use in this matter. The remaining
$25,000 from the SOPC would be encumbered now to cover the amendment. Staff is hopeful
that additional costs will be limited to costs through the April 27, 2016 hearing and preparation
of the final order and that the matter will conclude far under the amended limit, in which case the
remaining funds will be released for use on other development related legal matters.
ALTERNATIVES
1. Direct funds from another part of the City budget to be used to cover the increase in the
agreement amount.
2. Do not authorize signature of the Second Amendment to the Agreement, the
consequences of which would be to preclude final payment for legal services required to
complete the City’s defense in this matter.
Attachments:
a - Agreement.Jarvis Fay.Palacios
b - First Amend.Agreement.Jarvis Fay.Palacios
c - CMR - Palacios further funding - 2015 08 14
19
Packet Pg. 366
d - Second Amend.Agreement.Jarvis Fay.Palacios
e - 2015-17 SOPC Dev Services Staffing and Contract Services
19
Packet Pg. 367
19.a
Packet Pg. 368 Attachment: a - Agreement.Jarvis Fay.Palacios (1332 : Authorize use of funds for continuing litigation)
19.a
Packet Pg. 369 Attachment: a - Agreement.Jarvis Fay.Palacios (1332 : Authorize use of funds for continuing litigation)
19.a
Packet Pg. 370 Attachment: a - Agreement.Jarvis Fay.Palacios (1332 : Authorize use of funds for continuing litigation)
19.a
Packet Pg. 371 Attachment: a - Agreement.Jarvis Fay.Palacios (1332 : Authorize use of funds for continuing litigation)
FIRST AMENDMENT TO AGREEMENT
T is First Amendment to Agreement is made and entered m the City of San Luis Obispo on
2015, by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, herein
after leferred to as City, and JARVIS, FAY, DOPORTO & GIBSON, LLP, a professional corporation,
hereinafter referred to as Consultant.
WITNESSETH:
WHEREAS, on March 31, 2015, the City entered into an Agreement with Consultant for
professional legal services for its defense in Palacios, et al. v. Nielsen, el al.; and
WHEREAS, work on this matter is not yet complete, and
WHEREAS, the parties seek to modify certain provisions of the Agreement between them.
NOW, THEREFORE, in consideration of their mutual promises, obligations and covenants
hereinafter contained, the parties hereto agree as follows:
1. "Section 1. Term" of the Agreement is modified to increase the shall not exceed amount
to $50,000_
All other terms and conditions of the Agreement, as amended hereby, remain in full force
and effect.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day
and year first above written.
CITY OF SAN LUIS OBISN
y _
C stine Dietrick, Cityttorney
g/1-7// 5
JARVIS, FAY, DOPORT
fO &
GIBSON, LLP
By:Lq
Rick Jarvis
s+'
Its
19.b
Packet Pg. 372 Attachment: b - First Amend.Agreement.Jarvis Fay.Palacios (1332 : Authorize use of funds for continuing litigation)
City of San Luis Obispo, City Manager Report
August 5, 2015
Final City Manager Approval Approver Name Date Approved
City Administration Michael Codron August 14, 2015
Reviewer Routing List Reviewer Name Date Reviewed
City Attorney JCD 8/5/2015
Finance & Information Technology mwP 8/7
Community Development Department Djj 08/07
FROM: J. Christine Dietrick Jcd 8/5/15
SUBJECT: Further Funding for Litigation Defense in Palacios v. Nielsen, et al.
Recommendation:
1. Authorize the City Attorney to execute an Amendment to the Legal Services Agreement with
the law firm of Jarvis, Fay, Doporto (Original Agreement dated March 31, 2015) increasing the
not to exceed amount from $25,000 to $50,000, for the City’s legal defense in the case of
Palacios, et al. v. Nielsen, et al., as authorized by the City Council and reported out of closed
session on March 31, 2015.
Summary of Authorization
During the City Council Closed Session on March 31, 2015, Council authorized the defense of
the City as a party in San Luis Obispo Superior Court Case No. 15CV-0150, Gil Palacios and
Micki Howard v. Morten H. Nielsen, Hanne Sandsberg, The City of San Luis Obispo and DOES
1 to 25. That authorization was reported out of closed session in the immediately following open
session.
Due to lack of available resources in the City Attorney’s office to take on another in-house
litigation matter, the City Attorney solicited proposals from two law firms on our current on-call
list, both of which have significant land use, building, and writ experience and have performed
well for the City in the past. Burke, Williams & Sorensen and Jarvis, Fay, Doporto provided
defense proposals and cost estimates. Based on the preliminary case analyses provided by the
two firms (on confidential file in the City Attorney’s office), the City Attorney concluded that
Jarvis, Fay, Doporto had the more directly applicable litigation expertise for this case and
retained that firm.
The initial estimated defense costs were anticipated to be within the City Manager’s contracting
authority and the Community Development Department had available budget to cover the
expenses. Thus, with City Manager authorization, the City Attorney signed a Legal Services
19.c
Packet Pg. 373 Attachment: c - CMR - Palacios further funding - 2015 08 14 (1332 : Authorize use of funds for continuing litigation)
Litigation Defense Contract Amendment Page 2
Agreement for Jarvis, Fay, Doporto’s work on this matter and $25,000 was encumbered to the
law firm from the Community Development Department budget.
Due to an Amended Complaint being filed prior to hearing on the first demurrer and the resulting
need to prepare a second demurrer addressing new issues, costs are now close to hitting the total
$25,000 cap in the current contract (approximately $19,500 through June). Additional work was
required to finish the demurrer, analyze the opposition, brief and revise the reply, and argue the
demurrer at hearing. The City received a favorable ruling on August 5, but the Plaintiff was
granted leave to amend the complaint one additional time within the next 30 days. Based on the
original proposal rates submitted by Jarvis, Fay, Doporto and the estimated remaining hours of
work, the City Manager is asked to authorize the City Attorney to sign an Amendment to the
original Legal Services Agreement adjusting the contract value not to exceed $50,000. The
additional $25,000 will be encumbered to Jarvis Fay from the Contract Services line of the City
Attorney budget to cover costs through the conclusion of the litigation. This will come out of the
$50,000 the City Attorney Department received for Contract Services as part of the 2015-2017
Financial Plan Development Services Staffing, Contract Services and CDD Reorganization
SOPC for additional legal services support. We are hopeful that the matter will conclude far
under the new limit, in which case we will release the remaining encumbrance for use on other
development related legal matters.
Attachment:
1. 2015 03 31 - signed LSA - Jarvis Fay.pdf
2. 2015 08 - Jarvis Fay - Amendment to Agreement.docx
19.c
Packet Pg. 374 Attachment: c - CMR - Palacios further funding - 2015 08 14 (1332 : Authorize use of funds for continuing litigation)
SECOND AMENDMENT TO AGREEMENT
This Second Amendment to Agreement is made and entered in the City of San Luis Obispo on
___________, 2016, by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, herein
after referred to as City, and JARVIS, FAY, DOPORTO & GIBSON, LLP, a professional corporation,
hereinafter referred to as Consultant.
W I T N E S S E T H:
WHEREAS, on March 31, 2015, the City entered into an Agreement with Consultant for
professional legal services for its defense in Palacios, et al. v. Nielsen, et al.; and
WHEREAS, work on this matter is not yet complete; and
WHEREAS, the parties seek to modify certain provisions of the Agreement between them.
NOW, THEREFORE, in consideration of their mutual promises, obligations and covenants
hereinafter contained, the parties hereto agree as follows:
1. “Section 1. Term” of the Agreement is modified to increase the “shall not exceed”
amount to $75,000.
2. All other terms and conditions of the Agreement, as amended hereby, remain in full force
and effect.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day
and year first above written.
CITY OF SAN LUIS OBISPO
By:________________________________
J. Christine Dietrick, City Attorney
JARVIS, FAY, DOPORTO & GIBSON, LLP
By: ________________________________
Rick Jarvis
Its:
19.d
Packet Pg. 375 Attachment: d - Second Amend.Agreement.Jarvis Fay.Palacios (1332 : Authorize use of funds for continuing litigation)
SIGNIFICANT OPERATING PROGRAM CHANGE
(COMMUNITY DEVELOPMENT)
DEVELOPMENT SERVICES STAFFING, CONTRACT SERVICES AND CDD REORGANIZATION
SUMMARY OF CHANGE:
The Community Development Department, Fire Department and Public Works are requesting to transition six
positions from temporary to regular positions, continue the use of six temporary employees, reorganize the CDD
Administration Division, add a Fire Inspector I and use a short term Human Resources Temp to provide support
during transition. In addition, consultant and contract services needed to assist the department in technical
support and timely response to applications. This will cost approximately $1,582,917 in FY 2015-16 and
$1,373,990 in FY 2016-17, all of which will be revenue off-set.
TEMPORARY TO REGULAR EMPLOYEES 2015-16 2016-17
Community Development
Community Development Administration
Receptionist/Cashier $58,240 $58,859
Development Review
Associate Planner $116,741 $118,214
Long Range Planning
Projects Manager $129,923 $131,600
Engineering Development Review
Civil Engineer $141,645 $143,493
Engineering Technician - Regular Full Time $87,801 $88,853
Public Works
Transportation
Transportation Planner/Engineer $104,558 $110,579
Total FY Cost: $638,908 $651,598
CONTINUED TEMPORARY POSITIONS
Community Development
Development Review
Planning Tech - Temporary Full Time $77,079 $78,131
Assistant Planner - Temporary Full Time $94,599 $95,927
Engineering Development Review
Engineering Technician - Temporary Full Time $75,649 $76,701
Long Range Planning
Planning Tech - Temporary Full Time $77,079 $78,131
Building & Safety
Permit Technician - Temporary Full Time $72,856 $73,846
Fire
Temp Fire Staff $40,000 $40,000
Total FY Cost: $437,263 $442,735
19.e
Packet Pg. 376 Attachment: e - 2015-17 SOPC Dev Services Staffing and Contract Services (1332 : Authorize use of funds for continuing litigation)
SIGNIFICANT OPERATING PROGRAM CHANGE
(COMMUNITY DEVELOPMENT)
DEVELOPMENT SERVICES STAFFING, CONTRACT SERVICES AND CDD REORGANIZATION
ADMINISTRATIVE SUPPORT SERVICES REORGANIZATION 2015-16 2016-17
Community Development
Community Development Administration
Supervising Admin to CDD Business Manager $30,752 $31,211
City Clerk
Deputy City Clerk $87,801 $88,853
Total FY Cost: $118,553 $120,064
NEW POSITIONS
Fire
Fire Inspector I $99,351 $94,593
Human Resources
Human Resources Specialist - Part Time Temporary $3,842 $0
Total FY Cost: $103,193 $94,593
CONSULTANT AND CONTRACT SERVICES
Community Development
Building & Safety
Contract Services – plan check $100,000 $0
Development Services
Contract Services – application processing $50,000 $0
Subdivision Improvement Plan Review $10,000 $0
Surveyor/Map Review $10,000 $0
Airport Land Use Consultant assistance $50,000 $50,000
Fire
EnerGov Support/Report writing $ 15,000 $ 15,000
City Attorney
Contract Services for consultant assistance $50,000 $0
Total FY Cost: $285,000 $65,000
Planning and Building Permit activity has increased more than 40% since Fiscal Year 2011-2012 while regular
staffing has increased 12%. Eleven full time temporary positions and $1.1M in Consultant Services has been
relied upon to provide resources to meet the service demands during high permit activity, however, the influx of
permit activity has been consistent for over one year and economic forecast numbers reflect a five year trend of
increased development services supporting the need and stability to bring regular staffing levels up to meet the
long term service demands. Projected increases in building valuation are directly related to a corresponding
increase in permit review and inspections and hiring regular staff will provide a stable and reliable workforce to
address these positive challenges and also prepare for the natural employee turnover that occurs within
organizations.
19.e
Packet Pg. 377 Attachment: e - 2015-17 SOPC Dev Services Staffing and Contract Services (1332 : Authorize use of funds for continuing litigation)
SIGNIFICANT OPERATING PROGRAM CHANGE
(COMMUNITY DEVELOPMENT)
DEVELOPMENT SERVICES STAFFING, CONTRACT SERVICES AND CDD REORGANIZATION
FISCAL IMPACT:
One time cost of $735,905 in FY 15-16 and $507,735 in FY 16-17. On-going costs of $847,012 in FY 15-16 and
$866,255 in FY 16-17. The one-time costs will be offset by FY 2014-15 over realized revenue that is projected to
be approximately $996,000. All on-going cost will be offset by the continued increase in forecasted development
services revenue as outlined below.
Fiscal
Year Dev Services Balance
SOPC Cost Savings
&
Other Revenue
Offset
Remaining
Balance
Staffing Contract
Services On-going One-time
15-16 $1,703,052 1 $847,012 $450,905 $285,000 $133,524 $253,659
16-17 $1,238,797 2 $866,255 $442,735 $65,000 $138,428 $3,235
SERVICE LEVEL IMPACT:
The objective of this request is to ensure the City is able to timely process applications through the development
review and plan check process given increased permit activity. While regular and temporary staff positions have
been added, regular positions are needed for recruitment and retention over the longer term, so that there is a
stable and reliable staff that can efficiently and effectively process permit applications.
In addition, the City will continue to require technical support to participate in the Airport Land Use Plan update
process and support review of projects within the area subject to airport influence. This participation is critical to
the ongoing success of the LUCE and in bringing the two policy/regulatory guidance documents in closer
alignment.
Requested staffing is required to keep up with permit activity that has remained consistently high since 2012-13
and are expected to continue through 2016-17 and beyond. Should these resources not be available, permit
volumes will overwhelm the development review process, impairing the City’s ability to keep pace with permit
1 75% of 14/15 projected revenue in excess of budget + 75% of 15/16 forecasted revenue in excess of five year fiscal forecast
– cost of Council approved Building FTE. ($996,164+$706,888) 2 Dev Services Remaining Balance + 75% of 15/16 forecasted revenue in excess of five year fiscal forecast – cost of Council
approved Building FTE. ($253,659+$985,138)
19.e
Packet Pg. 378 Attachment: e - 2015-17 SOPC Dev Services Staffing and Contract Services (1332 : Authorize use of funds for continuing litigation)
SIGNIFICANT OPERATING PROGRAM CHANGE
(COMMUNITY DEVELOPMENT)
DEVELOPMENT SERVICES STAFFING, CONTRACT SERVICES AND CDD REORGANIZATION
volumes and implement Major City Goals and other objectives. Long term temporary staff has been used to fill
these positions since September of 2013. Now that a trend of elevated permit activity has been established, it’s
more effective to use regular staffing to provide consistent levels of service from dependable regular city
employees.
Beyond the impact of providing support for increased development services, CDD’s administrative support
services team has taken on several significant ongoing tasks that require a restructure of the division to ensure
there is administrative capacity to support the department and align positions with tasks and responsibilities.
These tasks include but are not limited to:
Administrative support/management of Affordable Housing Fund and the Human Relations Commission
Administration and implementation of EnerGov Software program – including management of E-portal
Cashier functions handled solely by support staff to ensure the appropriate levels of control and checks
and balance.
Administrative support to Engineering Development Review
The restructure would include replacing the Supervising Administrative Assistant position with a CDD Business
Manager. The CDD Business Manager would be equivalent to a Senior Analyst with supervision duties and will
absorb the fiscal responsibilities of the Supervising Administrative Assistant, supervise CDD support staff and
identify, develop and implement process improvements. The addition of a Deputy City Clerk will free up the
Administrative Assistant III that currently spends 90-100% of her time coordinating Advisory Body activities so
she can absorb the clerical activities of the Supervising Administrative Assistant and will serve as a customer
service lead. The Deputy City Clerk and the Recording Secretary will be relocated to the Clerk’s Office.
Human Resources request the use of a temporary HR specialist to ensure the timely recruitment and processing of
the requested staffing.
CDD has funding for a part-time temporary Engineering Consultant ($40,430 in 15-16 and $41,022 in 16-17) and
a contract Permit Technician ($41,841 in 15-16 and $42,424 in 16-17) that would no longer be necessary and will
offset cost by $82,271 in 2015-16 and $83,446 in 2016-17. Public Works has funding to cover $26,732 of the
Transportation Planner/Engineer in 2015-16 and $29,982 in 2016-17.
19.e
Packet Pg. 379 Attachment: e - 2015-17 SOPC Dev Services Staffing and Contract Services (1332 : Authorize use of funds for continuing litigation)
SIGNIFICANT OPERATING PROGRAM CHANGE
(COMMUNITY DEVELOPMENT)
DEVELOPMENT SERVICES STAFFING, CONTRACT SERVICES AND CDD REORGANIZATION
KEY OBJECTIVES
1. Match resources available to services being requested
2. Maintain established levels of service
3. Satisfaction of both external and internal customers
EXISTING SITUATION: FACTORS DRIVING THE NEED FOR CHANGE
1. High levels of permit activity – resources needed to meet processing times
2. Large and complex project submissions –require professional staff and consultants to process permits
3. Transition of Development Review Software to EnerGov
4. Engineering Development Review transitioning from Public Works to CDD
GOAL AND POLICY CRITERIA
1. Major City Goals – This request supports long standing Major City Goals, including Affordable Housing,
the Economic Development Strategic Plan (EDSP) and policy research, development and implementation.
Timely processing of priority affordable housing projects is critical in meeting the City’s Housing objectives.
A major strategy of the EDSP is streamlining the development review process to removing barriers to creating
head-of-household jobs. This request supports current Major City Goals of Housing and Multi-Modal
Transportation as well as other important objectives of Downtown and Neighborhood Wellness by ensuring
that adequate staff is available to achieve permit processing and support.
2. Legal Concerns – The State of California Permit Streamlining Act requires timely processing of
development applications. The initial 30-day “completeness” review of all applications demands adequate
staff to meet that deadline.
3. Priority Level of Service – Timely processing of development applications is a priority to a significant
contingent of the community and is fundamental to the City’s ongoing economic recovery and viability.
4. Revenue Generation and/or Cost Savings – The use of regular employees is more cost effective than the
use of consultants. For example, from February 2014 to September 2014 $286,790 was paid out to consultants
for plans examining and building inspections. It cost $214,482 to use full-time regular staffing for a Plans
Examiner and a Building Inspector for one year. This request will enable the processing of more applications
in house resulting in lower operating cost.
5. Reorganization within or across Departments – This request includes the increased support and new
initiatives the Community Development Department is taking on: Affordable Housing Fund/Human Relations
Commission, EnerGov systems management, Engineering Development review, Rental Housing Inspection
Program, and more complex and financial responsibilities that have historically been with FIT. The funding
of a Deputy City Clerk will centralize and pair the function of committee and commission support with a
division within the City that is functionally organized around these technical responsibilities. Approval of this
SOPC will support reorganization within and across departments to achieve these objectives.
19.e
Packet Pg. 380 Attachment: e - 2015-17 SOPC Dev Services Staffing and Contract Services (1332 : Authorize use of funds for continuing litigation)
SIGNIFICANT OPERATING PROGRAM CHANGE
(COMMUNITY DEVELOPMENT)
DEVELOPMENT SERVICES STAFFING, CONTRACT SERVICES AND CDD REORGANIZATION
6. Reallocation of Existing Resources – This request will allow several departments to reallocate resources to
streamline a significant citywide task. Funding a Deputy City Clerk to work under the direction of the City
Clerk and provide support to the advisory bodies will make a more efficient process and free up CDD
resources to provide administrative support for development services. This will also enable CDD staff to
provide liaison and administrative support to the Human Relations Commission (i.e. grants-in-aid process)
while agenda support for Commission meetings will be provided by the City Clerk’s staff. This will free up
Human Resources staff to focus on core services.
STAKEHOLDERS
Development Services affect the entire community. Development projects have the potential to go through three
departments, five divisions, three advisory bodies and City Council. Minor delays at any of these levels may
cause major impacts. This program will provide the resources to limit delays and the effect on stakeholders.
IMPLEMENTATION
The continued temporary staffing and consultant services are currently at the proposed level, approved by Council
6/14/14 as part of the 2014/15 Supplemental budget review and just require approval for additional funding.
Task Date
1. Hire Temporary Human Resource Specialist June 2015
2. Meet and confer with SLOCEA for new positions and Admin reorganization July 2015
3. Finalize Details of Admin Reorg July 2015
4. Recruitment for new hires
5. On board new hires
July-Aug 2015
Aug 2015
PROGRAM MANAGER AND TEAM SUPPORT
Program Manager:
The Director of Community Development, Derek Johnson, will be responsible for the management of this
program.
Project Team:
The project team will consist of the Community Development Department’s Fiscal Officer, Deputy Directors,
Chief Building Official, Supervising Civil Engineer, the Fire Chief, City Clerk, Human Resources and the
Transportation Manager.
ALTERNATIVES:
1. Continue the Status Quo. If these resources are not available, permit volumes will overwhelm the
development review process, impairing the City’s ability to keep pace with permit volumes and implement
Major City Goals and other objectives.
2. Implementation in a Different Way. The program request is for a fairly balanced use of regular staff,
temporary staff and contract services. A trend has been determined that would suggest a need for full time
regular staffing while still maintaining the flexibility of temporary staffing or the use of consultants to adjust
to the fluctuating nature of permit activity. The request could be filled using all temporary staffing and/or
19.e
Packet Pg. 381 Attachment: e - 2015-17 SOPC Dev Services Staffing and Contract Services (1332 : Authorize use of funds for continuing litigation)
SIGNIFICANT OPERATING PROGRAM CHANGE
(COMMUNITY DEVELOPMENT)
DEVELOPMENT SERVICES STAFFING, CONTRACT SERVICES AND CDD REORGANIZATION
consultants, however, when using temporary staffing and consultants for long terms, the operating cost,
turnover costs and impact to regular employees exceeds that of the sustainability of regular staffing.
3. Existing Program Evaluation. The last year and a half has been a live evaluation of the requested program.
Temporary staffing and consultants have been used to meet the demand on resources. Consultant costs far
exceed temporary and regular staffing cost. In some cases we have been unsuccessful in securing temporary
staffing and predict that it will become more difficult as the economy recovers and even more difficult to
retain the temporary staffing we currently have. All requests for staffing have been discussed with Human
Resources (HR) and preliminary SOPC was reviewed by HR prior to submittal.
OPERATING PROGRAM
1. Community Development Department – Development Review
2. Community Development Department – Engineering Development Review
3. Fire Department – Hazard Prevention
4. Public Works - Transportation
19.e
Packet Pg. 382 Attachment: e - 2015-17 SOPC Dev Services Staffing and Contract Services (1332 : Authorize use of funds for continuing litigation)
SIGNIFICANT OPERATING PROGRAM CHANGE
(COMMUNITY DEVELOPMENT)
DEVELOPMENT SERVICES STAFFING, CONTRACT SERVICES AND CDD REORGANIZATION
COST SUMMARY
Line Item Description Account No.2015-16 2016-17
Staffing 1,571,617 1,372,490
Administration - Support Services Reorg. 40100-Various 176,793 178,923
Planning - Development Review 40200-Various 288,419 292,272
Planning - Long Range 40400-Various 207,002 209,731
Engineering - Senior Civil Engineer & Techs 40500-Various 305,096 309,046
Building - Permit Tech 40700-Various 72,856 73,846
HR - Temporary staffing 30100-7014 3,842 0
Fire - Fire Inspector I 85300-Various 88,051 93,093
Fire -Temporary Staffing 85300-Various 40,000 40,000
Public Works 50500-various 104,558 110,579
Airport Land Use Consultant Work 40400-7227 50,000 50,000
Contract Services - Building Division 40700-7227 100,000 0
Contract Services - Development Review 40200-7227 50,000 0
Surveyor/Map Review 40500-7227 10,000 0
Subdivision Improvement Plan Review 40500-7227 10,000 0
Additional Support for City Attorney's office 15100-7227 50,000 0
EnerGov Support/Report writing - Fire 85300-7227 15,000 15,000
Other Operating Expenditures 11,300 1,500
Training 85300-7459 1,500 1,500
Office Supplies (work station /computer/etc)85300-7421 9,500
Uniforms and Identification 85300-7913 300
Minor Capital 0 0
Total Operating Costs 1,582,917 1,373,990
Offsetting Costs Savings or Revenues
Revenues - Dev Services (706,888)(985,138)
Revenues - Transportation Env Review 100-45830 (24,521)(25,000)
Revenues - 75% of 14/15 Dev Services Revenues in
excess of Budget (996,164)
Public Works - Temporary Salaries 50500-7014 (26,732)(29,982)
Engineering - Temp Engineering Consultant 40500-7014 (31,200)(31,200)
40500-7040 (8,830)(9,422)
40500-7044 (400)(400)
Engineering - Contract Permit Tech 40500-7012 (32,200)(32,200)
40500-7040 (9,141)(9,724)
40500-7044 (500)(500)
Net Operating Costs (253,659)250,424
19.e
Packet Pg. 383 Attachment: e - 2015-17 SOPC Dev Services Staffing and Contract Services (1332 : Authorize use of funds for continuing litigation)
Page intentionally left
blank.
Meeting Date: 5/17/2016
FROM: Katie Lichtig, City Manager
Prepared By: Lee Price, MMC, Interim City Clerk
SUBJECT: CORRECTION TO CITY COUNCIL MEETING MINUTES OF JANUARY 19,
2016
RECOMMENDATION
Approve the corrected minutes of January 19, 2016.
DISCUSSION
It has come to our attention that there is an error in the January 19, 2016 City Council Meeting
minutes, which were approved on March 15th. The error relates to public comments for Item 14,
Review of an appeal (filed by Jeff Kraft) of the Planning Commission’s decision to deny a new
single family residence with an attached secondary dwelling unit in the S-Overlay Zone that
includes a height and setback exception. The corrections to the minutes are as follows:
“Following discussion, the following members of the public provided comments and
feedback concerning the applicant’s proposal: William Cochran, San Luis Obispo, Amy
Kardel, San Luis Obispo, Bob Schragg, San Luis Obispo, Pam Orth, San Luis Obispo,
Robert Karger, San Luis Obispo, Shirley Ready, San Luis Obispo, Naomi Hoffman, San
Luis Obispo, Chris Stier, San Luis Obispo, Wilda Rosene, San Luis Obispo, Camille
Small, San Luis Obispo, Carolyn Smith, San Luis Obispo, Jamie Lopes, San Luis Obispo,
Todd Smith, San Luis Obispo, Steve Delmartini, San Luis Obispo, Pat Dellario, San Luis
Obispo, H. Mels Siverson, San Luis Obispo, Linda White, San Luis Obispo.
Following discussion, the following members of the public provided comments
expressing support to the applicant’s proposal: Linda White, San Luis Obispo, Donald
Hedrick, San Luis Obispo and Michelle Tasseff, San Luis Obispo.”
No other modifications to the minutes are recommended. By approving the corrections, the
official minutes will be amended to reflect the changes outlined above.
Attachments:
a - 01-19-2016 Minutes
20
Packet Pg. 384
San Luis Obispo Page 1
Tuesday, January 19, 2016
Regular Meeting of the City Council
CALL TO ORDER
A Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday, January
19, 2016 at 4:00 p.m. in the Council Chamber, located at 990 Palm Street, San Luis Obispo,
California, by Mayor Marx.
ROLL CALL
Council Members
Present: Council Members John Ashbaugh*, Carlyn Christianson, Dan Rivoire, Vice
Mayor Dan Carpenter, and Mayor Jan Marx.
Council Member Ashbaugh joined the meeting at 4:04 p.m.
Council Members
Absent: None
City Staff
Present: Katie Lichtig, City Manager; Christine Dietrick, City Attorney; Derek Johnson,
Assistant City Manager; Traci McGinley, City Clerk; John Paul Maier, Assistant
City Clerk, were present at Roll Call. Other staff members presented reports or
responded to questions as indicated in the minutes.
BUSINESS ITEM
1. PALM NIPOMO PARKING STRUCTURE
Public Works Director Grigsby and Public Works Deputy Director Bochum presented a
PowerPoint presentation entitled “Palm Nipomo Parking Structure” and presented the
contents of the report.
Bryce Engstrom, San Luis Obispo Little Theatre, Kevin Harris, San Luis Obispo Little Theatre,
Damien Mavis, The Creamery, Charlene Rosales, Chamber of Commerce, Dave Hannings, San
Luis Obispo, and Amy Kardel, San Luis Obispo, provided comments in support of the project.
Donald Hedrick, San Luis Obispo, and Gregg Menges, San Luis Obispo, provided comments and
concerns regarding the project.
20.a
Packet Pg. 385 Attachment: a - 01-19-2016 Minutes (1349 : Correction to Minutes)
San Luis Obispo City Council Minutes of January 19, 2016 Page 2
Public Works Deputy Director Bochum addressed comments and concerns by the public.
MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR
CARPENTER, CARRIED 5-0, to amend page 11 of the Agenda Packet: Thursday
(Average) 12:00 p.m.-2:00 p.m. Chart from 645 spaces to 852 spaces and to approve staff
recommendations for the Palm Nipomo Parking Structure to:
1. That the City move forward with environmental review and final design for the project.
2. That design objective of 400-445 spaces be maintained.
3. Direct staff to return to Council at the 2016 Parking Fund Review with
recommendations for improved parking information systems to direct the public towards
available supply.
4. Direct staff to return with a plan to Council that articulates a partnership with the
Downtown Association, Chamber of Commerce, Rideshare and local businesses
(including the County) to create a parking demand and trip reduction program to more
effectively use parking supply in the Downtown area.
5. Provide direction to staff to move forward with developing a proposed Memorandum of
Agreement with SLO Little Theater for use of a portion of the Palm Nipomo project and
return to Council with a review of fundamental terms of the agreement for final
negotiations of the MOA.
An informal welcome celebration for new Police Chief Deanna Cantrell was held immediat ely
following the 4:00 p.m. meeting in the Council Hearing Room.
ADJOURN TO THE REGULAR MEETING OF JANUARY 19, 2016
CALL TO ORDER
A Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday, January
19, 2016 at 6:00 p.m. in the Council Chamber, located at 990 Palm Street, San Luis Obispo,
California, by Mayor Marx.
ROLL CALL
Council Members
Present: Council Members John Ashbaugh, Carlyn Christianson, Dan Rivoire, Vice Mayor
Dan Carpenter, and Mayor Jan Marx.
Council Members
Absent: None
PLEDGE OF ALLEGIANCE
Vice Mayor Carpenter led the Pledge of Allegiance.
20.a
Packet Pg. 386 Attachment: a - 01-19-2016 Minutes (1349 : Correction to Minutes)
San Luis Obispo City Council Minutes of January 19, 2016 Page 3
INTRODUCTION
2. TRACI R. MCGINLEY, CITY CLERK
City Manager Lichtig provided a brief introduction.
PRESENTATION
3. BADGING CEREMONY AND OATH FOR POLICE CHIEF DEANNA CANTRELL
(LICHTIG/MCGINLEY – 10 MINUTES)
City Manager Lichtig provided a brief introduction. City Clerk McGinley administered the
Oath of Office to Police Chief Cantrell. .
PUBLIC COMMENT PERIOD
Sandy Simon, Citizens’ Climate Lobby, spoke about a letter that she submitted to the Mayor and
City Council related to climate changes and requested that the City Council consider a
Resolution urging Congress to Levy a Revenue-Neutral Fee on Carbon in Fossil Fuels.
Odile Ayral, San Luis Obispo, spoke about a petition regarding the ratio of students vs. number
of residents in the community and urged support from the City Council to address concerns
relating to housing for students by working with constituents.
Harry Busselen, San Luis Obispo, spoke about the health and safety of the community, relating
to traffic congestion and efforts of enforcement for various bicyclist violations.
Donald Hedrick, San Luis Obispo, expressed concerns with transportation challenges for the
homeless people in the City.
Cory Jones, San Luis Obispo, urged the City Council to consider an ordinance, concerning the
ban of single use plastic water bottles.
Steve Barach, San Luis Obispo, spoke about a handout submitted to the City Council, concerning
the maintenance of the creek by property owners and other related responsibilities.
Carolyn Smith, San Luis Obispo, spoke in support of the petition and comments provided by Ms.
Odile related to Cal Poly and student housing.
Steve Hansen, Citizens’ Climate Lobby, spoke on the present climate changes and urged support
from the City Council to consider a Resolution urging Congress to Levy a Revenue -Neutral Fee
on Carbon in Fossil Fuels.
Chris Gilbert, Arroyo Grande, urged the City Council to oppose any conversions of tennis courts
to pickleball courts.
Peggy Koteen, San Luis Obispo, spoke about the limited availability of tennis courts that are in
the City.
20.a
Packet Pg. 387 Attachment: a - 01-19-2016 Minutes (1349 : Correction to Minutes)
San Luis Obispo City Council Minutes of January 19, 2016 Page 4
Camille Small, San Luis Obispo, expressed support to the petition and comments provided by
Ms. Odile, relating to Cal Poly and student housing.
CONSENT AGENDA
MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER
RIVOIRE, CARRIED 5-0, to approve Consent Calendar Items 4 thru 13, with removal of Item 8
for separate consideration at the request of Council Member Ashbaugh. Council Ashbaugh
noted that due to a potential conflict of interest he would recuse himself from Items 11 and 12.
4. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES
MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL
MEMBER RIVOIRE, CARRIED 5-0, to waive reading of all resolutions and ordinances as
appropriate.
5. MINUTES OF THE CITY COUNCIL MEETING OF NOVEMBER 17 AND
DECEMBER 1, 2015
MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL
MEMBER RIVOIRE, CARRIED 5-0, to approve the Minutes of the City Council meeting
of November 17 and December 1, 2015.
6. AUTHORIZE A GRANT APPLICATION FOR THE HOUSING RELATED PARKS
PROGRAM
MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL
MEMBER RIVOIRE, CARRIED 5-0, to adopt Resolution No. 10685 (2016 Series) entitled
“A Resolution of the City Council of the City of San Luis Obispo, California, authorizing an
application in the amount of $288,650 to the State Department of Housing and Community
Development for Housing Related Parks Program funds to provide financial assistance to
the Public Works department for park upgrades at Sinsheimer Park.”
7. LAGUNA LAKE DREDGING AND SEDIMENT MANAGEMENT,
SPECIFICATION 91392, CONTRACT AWARD AND BUDGET AMENDMENT
Steve Barasch, San Luis Obispo, Mila Vujovich-LaBarre, San Luis Obispo, and Donald
Hedrick, San Luis Obispo provided comments concerning the Laguna Lake Dredging.
Natural Resources Manager Hill addressed inquiries provided by the City Council.
MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL
MEMBER RIVOIRE, CARRIED 5-0, to :
1. Award and approve a consultant services agreement with the firm MNS Engineers, Inc.
(“MNS”) in an amount not-to-exceed $445,000 for Laguna Lake Dredging and Sediment
Management pursuant to Request for Proposals Specification No. 91392; and
20.a
Packet Pg. 388 Attachment: a - 01-19-2016 Minutes (1349 : Correction to Minutes)
San Luis Obispo City Council Minutes of January 19, 2016 Page 5
2. Approve a Budget Amendment Request to move funds between phases within the Laguna
Lake Dredging and Sediment Management CIP.
8. WELL SITE RELINQUISHMENT AT 1460 CALLE JOAQUIN (QUIKY CAR
WASH)
Wendy Brown, San Luis Obispo, and Brian Engleton, San Luis Obispo, provided comments
concerning the Well Site Relinquishment.
Hamish Marshall, Quiky Car Wash, responded to correspondences and public comments related
to the Well Site on the property.
Utilities Deputy Director Floyd addressed inquiries provided by the City Council.
MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL
MEMBER RIVOIRE, CARRIED 4-1 (COUNCIL MEMBER ASHBAUGH VOTING NO),
to continue the item to a date uncertain allowing counsel to explore the legal ramifications of
the proposed relinquishment.
9. APPROVAL OF FINAL 2015 POTABLE WATER DISTRIBUTION SYSTEM
OPERATIONS MASTER PLAN
MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL
MEMBER RIVOIRE, CARRIED 5-0, to adopt Resolution No. 10686 (2016 Series) entitled
“A Resolution of the City Council of the City of San Luis Obispo, California, approving a
Negative Declaration of Environmental Impact and the Potable Water Distribution System
Operations Master Plan.”
10. APPROVAL OF FINAL WASTEWATER COLLECTION SYSTEM
INFRASTRUCTURE RENEWAL STRATEGY
MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL
MEMBER RIVOIRE, CARRIED 5-0, to adopt Resolution No. 10687 (2016 Series)
entitled “A Resolution of the City Council of the City of San Luis Obispo,
California, approving a Negative Declaration of Environmental Impact and the
Wastewater Collection System Infrastructure Renewal Strategy.”
11. AMENDMENT OF THE PURCHASE AND SALE AGREEMENT OF THE PALM
DEVELOPMENT SITE
Vice Mayor Ashbaugh recused himself from this item, as there may be a potential conflict of
interest.
20.a
Packet Pg. 389 Attachment: a - 01-19-2016 Minutes (1349 : Correction to Minutes)
San Luis Obispo City Council Minutes of January 19, 2016 Page 6
MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL
MEMBER RIVOIRE, CARRIED 4-0 (COUNCIL MEMBER ASHBAUGH RECUSED), to
adopt Resolution No. 10688 (2016 Series) as amended, entitled a “Resolution of the City
Council of the City of San Luis Obispo, California, approving a First Amendment of
Purchase and Sale-Palm Development Site, authorizing the sale of City property and
authorizing the Mayor or City Manager to execute closing documents,” the Mayor to
execute the grant deed, and to allow the City Attorney to approve non substantive changes to
the transactional documents.
12. MARGARITA & FOOTHILL LIFT STATION REPLACEMENTS, SPEC. NO.
91214, CONTRACT AMENDMENT NO. 1
Vice Mayor Ashbaugh recused himself from this item, as there may be a potential conflict of
interest.
MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL
MEMBER RIVOIRE, CARRIED 4-0 (COUNCIL MEMBER ASHBAUGH RECUSED),
to:
1. Approve a contract amendment of $104,854 for the design services for the Margarita and
Foothill Lift Station Replacements, Spec. No. 91214.
2. Approve a Budget Amendment Request of $104,854 from Sewer Fund Working Capital
to the project’s design phase to support this request.
3. Approve increases in the 2016-17 construction budget from $1,100,000 to $1,600,000
and the construction management budget from $125,000 to $155,000 for the Foothill
Lift Station Replacement.
13. FISCAL YEAR 2016-17 GRANT APPLICATION FOR OFFICE OF TRAFFIC
SAFETY SELECTIVE TRAFFIC ENFORCEMENT PROGRAM
MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL
MEMBER RIVOIRE, CARRIED 5-0, to:
1. Authorize the Police Department to submit a grant application to the Office of Traffic
Safety for a Fiscal Year 2016-17 Selective Traffic Enforcement Program (STEP) not to
exceed $250,000.
2. If the grant is awarded, authorize the Chief of Police to execute all grant related documents
and authorize the Finance Director to make the necessary budget adjustments upon the
award of the grant.
20.a
Packet Pg. 390 Attachment: a - 01-19-2016 Minutes (1349 : Correction to Minutes)
San Luis Obispo City Council Minutes of January 19, 2016 Page 7
PUBLIC HEARINGS
14. REVIEW OF AN APPEAL (FILED BY JEFF KRAFT) OF THE PLANNING
COMMISSION’S DECISION TO DENY A NEW SINGLE FAMILY RESIDENCE
WITH AN ATTACHED SECONDARY DWELLING UNIT IN THE S -OVERLAY
ZONE THAT INCLUDES A HEIGHT AND SETBACK EXCEPTION
Prior to the Public Hearing, Council Member Ashbaugh, Vice Mayor Carpenter, and Mayor
Marx explained that they met with Naomi Hoffman, a member of the community who expresses
support to denial of the appeal.
Council Member Rivoire met with William Cochran and Pam Orth, members of the community
who express support to denial of the appeal.
Mayor Marx met with Ms. Hoffman, Vice Mayor Carpenter met with Ms. Hoffman.
Community Development Director Codron and Planning Technician Bell narrated a PowerPoint
presentation entitled “48 Buena Vista Avenue Use 1520-2015 (PC Appeal),” reviewed the
contents of the report, and responded to City Council inquiries.
Mayor Marx recessed the meeting at 7:54 p.m.
Mayor Marx called the meeting to order at 8:10 p.m.
Roger Frederickson, Attorney for Applicant, spoke about the appeal and directional items that
were addressed by the Planning Commission.
Angela Schmiede, Co-Applicant, presented a PowerPoint presentation, reviewed the contents of
the report and stated that the project meets all City guidelines.
Jeff Kraft, Co-Applicant, spoke about the contents of the report and presented a timeline of
events regarding the project.
Following discussion, the following members of the public provided comments and feedback
concerning the applicant’s proposal: William Cochran, San Luis Obispo, Amy Kardel, San Luis
Obispo, Bob Schragg, San Luis Obispo, Pam Orth, San Luis Obispo, Robert Karger, San Luis
Obispo, Shirley Ready, San Luis Obispo, Naomi Hoffman, San Luis Obispo, Chris Stier, San
Luis Obispo, Wilda Rosene, San Luis Obispo, Camille Small, San Luis Obispo, Carolyn Smith,
San Luis Obispo, Jamie Lopes, San Luis Obispo, Todd Smith, San Luis Obispo, Steve
Delmartin, San Luis Obispo, Pat Dellario, San Luis Obispo, H. Mels Siverson, San Luis Obispo,
Linda White, San Luis Obispo.
Following discussion, the following members of the public provided comments expressing
support to the applicant’s proposal: Donald Hedrick, San Luis Obispo and Michelle Tasseff, San
Luis Obispo.
20.a
Packet Pg. 391 Attachment: a - 01-19-2016 Minutes (1349 : Correction to Minutes)
San Luis Obispo City Council Minutes of January 19, 2016 Page 8
MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY MAYOR MARX, CARRIED
4-1 (COUNCIL MEMBER CHRISTIANSON VOTING NO), to adopt Resolution No. 10689
(2016 Series) as amended, entitled “A Resolution of the City Council of the City of San Luis
Obispo, California, approving the construction of a single-family residence with an attached
secondary dwelling unit in the S-Overlay zone with a categorical exemption from environmental
review as represented in the Planning Commission agenda report and attachments dated January
19, 2016 (2390 Loomis Street & 48 Buena Vista Avenue USE-1520-2015 & SDU-1521-215),”
upholding the appeal of the planning Commission’s action to deny the proposed project hereby
granting final approval, but denying requested exceptions application USE-1520-2015 subject to
the following conditions: A use permit for construction of a single family home with direction to
the applicant to work with staff and ARC to redesign the proposed home to conform with Design
Guidelines without the currently proposed height and set back exceptions.
Items 5-8 of Section 1 Findings are hereby deleted and Items 1-2 of Section 1 Findings of the
proposed amended Resolution are hereby added in their place.
LIAISON REPORTS
Mayor Marx and Council Member Ashbaugh reported on City activities.
COUNCIL COMMUNICATIONS
By consensus, Council directed staff to agendize consideration of a resolution urging Congress to
Levy a Revenue-Neutral Fee on Carbon in Fossil Fuels at a future Council Meeting.
ADJOURNMENT
The next Regular City Council Meeting is scheduled for Tuesday, February 2, 2016 at 6:00 p.m.,
in the Council Chamber, 990 Palm Street, San Luis Obispo, California.
__________________________
John Paul Maier
Assistant City Clerk
APPROVED BY COUNCIL: XX/XX/2016
20.a
Packet Pg. 392 Attachment: a - 01-19-2016 Minutes (1349 : Correction to Minutes)
Page intentionally left
blank.
Meeting Date: 5/17/2016
FROM: Michael Codron, Community Development Director
Prepared By: Teresa L. Purrington, Code Enforcement Supervisor
SUBJECT: ANNUAL REPORT REGARDING RENTAL HOUSING INSPECTION
PROGRAM
RECOMMENDATION
1. Receive and file the annual report regarding the Rental Housing Inspection Program. (RHIP);
and
2. Adopt a Resolution extending the end of the amnesty period from July 1, 2016, to January
13, 2017 and confirming that all residential rental dwelling units not inspected as part of the
Fire Department’s Multi-Family Inspection Program or otherwise exempt from the Rental
Housing Inspection Program pursuant to San Luis Obispo Municipal Code section 15.10.090
are within the meaning and scope of the definition of “Residential Rental Dwelling Unit” as
set forth in section 15.10.020 of the San Luis Obispo Municipal Code. This includes, but is
not limited to, single family and duplex rental units located on an R-3 and R-4 zoned lot.
REPORT-IN-BRIEF
This Council Agenda Report provides the required first-year report to City Council regarding the
Rental Housing Inspection Program (RHIP). The RHIP was adopted in May 2015 in order to
protect public health and safety and maintain the quality of the rental housing stock within the
City limits. The types of things that inspectors are looking for are fundamental components of a
safe living environment, including hot and cold running water, electrical power, heat, sewage
system, entry doors and compliant exits, infestation, smoke detectors, and illegal dwelling units
among other issues identified in the State Health and Safety Code and the City’s property
maintenance regulations.
The program was formally launched in January 2016, and is now fully underway with over 3,000
registrations and several inspections completed. Staff is requesting the City Council extend the
end date for the amnesty period to January 13, 2017, since staff was unable to start the amnesty
program until January 8, 2016 (Attachment A) and providing a full year of amnesty is expected
to provide optimal results in terms of compliance with program requirements.
Staff is also asking the City Council confirm that all residential rental dwelling units not
inspected as part of the Fire Department’s Multi-Family Inspection Program or otherwise exempt
from the Rental Housing Inspection Program pursuant to San Luis Obispo Municipal Code
section 15.10.090 are within the meaning and scope of the definition of “Residential Rental
21
Packet Pg. 393
Dwelling Unit” as set forth in section 15.10.020 of the San Luis Obispo Municipal Code. This
includes, but is not limited to, single family and duplex rental units located on R -3 and R-4
zoned lots (Attachment A).
Going forward, staff intends to track a variety of statistics and information about the program.
Regular memo updates will be provided to the City Council, and the rental housing website will
provide public access to this data, as well.
DISCUSSION
Background
The City Council’s 2013-15 Neighborhood Wellness Major City Goal included the creation of a
Rental Housing Inspection Program. The work effort extended over two years and relied on
previous work efforts to address impacts on neighborhood wellness.
On May 19, 2015, the Rental Housing Inspection Ordinance was adopted by City Cou ncil
pursuant to the direction given to city staff at the May 5, 2015, and December 16, 2014,
meetings. The intent of the RHIP is to ensure that the public’s health and safety are the primary
focus. . As stated in the following recitals of the Ordinance:
“WHEREAS, deficient and substandard housing has many detrimental effects on the
stability of the city’s neighborhoods, is environmentally undesirable, creates unsafe living
conditions for tenants and neighbors, contributes to blight, negatively affects property values,
and is otherwise detrimental to the health, safety and welfare of the community and its citizens;
and
WHEREAS, based on previous code enforcement activities and extensive community
outreach, the City Council finds that tenants within the City are reluctant to report Building
Code violations or other dangerous conditions to the City in fear of retaliation by their landlord
despite state laws that make it unlawful for any retaliation to occur; and
WHEREAS, the City’s code enforcement program typically only inspects the interior of
dwelling units upon the request of tenants and or complaints by neighbors that provide adequate
information to initiate a complaint or to obtain an inspection warrant pursuant to California
Code of Civil Procedure Sections 1822.50 through 1822.57; and
WHEREAS, the City Council of the City of San Luis Obispo desires to provide for safe,
livable and attractive neighborhoods and finds that the adoption and implementation of a rental
housing inspection program will promote public health and safety of the community by the
elimination of substandard housing conditions, and will promote community standards for the
maintenance of properties and will otherwise further the City’s goal of Neighborhood Wellness.”
Annual Update on Rental Housing Inspection Program
1. Receive and file the Annual Update on the Rental Housing Inspection Program.
21
Packet Pg. 394
Registrations
The Rental Housing Inspection Program formally launched January 8, 2016, with the mailing of
4,498 letters and applications to property owners of known and assumed rental properties. The
criteria used for the mailing included properties that have a business license for a residential
rental, properties that do not receive their property tax bill at the property address (indicating that
the house is not owner-occupied), and properties that do not take the homeowner’s property tax
exemption on their property tax bill. The table below shows the projected and actual number of
units registered, inspections performed to date and revenue collected.
Projected
As of
June 30, 2016
Actual
05/09/16
Projected
Revenue
As of
June 30, 2016
Actual
Revenue
05/09/16
# properties units registered 1,395 3,130 $90,675 $203,450
# properties – not yet registered 1,644
# properties – filed for and
received an exemption
714
# properties – filed for Amnesty 43
Total 1,395 5,5311
# inspections completed 380 7 $70,300 $2,405
# properties passed on first
inspection
38 6
# properties passed on second
inspection
342 1
# properties which didn’t pass
after second inspection
34 0 $2,210
Total
Revenue $163,185 $205,855
As illustrated above the number of units registered has exceeded the number of units projected to
be registered by June 30, 2016.
Inspections
The approach to the inspections is that those properties which have had a code case in the last 5
years will be inspected first along with those properties that the owner requests to have their
inspection first. Attachment B provides a flow chart of how the RHIP will work through the
inspection process.
1 This number is higher than the 4,498 letters mailed due to some parcels having more than one unit and
some property owners registered properties that were not on our mailing list.
21
Packet Pg. 395
The number of inspections completed to date is low, due to a longer than anticipated recruitment
process for the inspectors who will be performing the inspections (two Code Enforcement
Technician II positions). On May 5, 2016, the Code Enforcement Technicians started work with
the City of San Luis Obispo.
Public Outreach
As part of the program kickoff, four workshops were held to offer information and answer
questions from property owners, tenants and property managers regarding the program and how
it was going to be implemented. Approximately 420 people attended these workshops, and some
people attended more than one workshop. Comment cards filled out at the last two workshops
and correspondence received with the Registration Forms are included in the report as
Attachment D.
Participation in the workshops came from a variety of community members, including both
owners and renters. During the first two workshops, staff made a presentation of the program and
then held a question and answer period. The final two workshops were designed as an open
house, allowing people to drop in to have their questions answered at their convenience. In all,
City staff heard important feedback from the public during these meetings and has made a
variety of program improvements in response to the input. These include reformatting the
checklist to add clarity and to allow for comments for those items which need repair, placing
more information on the website for reference, and sending inspection request letters to both the
property owner and the tenant. Staff originally planned to only send notices to the property
owner, who is responsible for coordinating with the tenant, but this change allows the tenants to
play an important role in the process and provides additional assurance that the tenant receives
all relevant information about planned inspections.
Many participants in the workshops expressed their displeasure and opposition to the program.
Staff responded to the questions and concerns about program specifics; however, many members
of the public felt the program in general was intrusive and unnecessary. Staff expects that the
City Council will continue to hear testimony and receive correspondence in opposition to the
program. Staff’s believes the workshops offered an opportunity for many participants to become
much better informed about what the inspectors would be looking for, and what to expect during
future inspections. Staff remains committed to assisting program participants throughout the
process.
Additional public outreach was done in the form of presentations to the SLO Association of
Realtors, and Kiwanis, participation in the Cal Poly Housing Fair, postcard mailings, and water
bill inserts. Overall, staff responded to over 645 emails, 825 phone calls and 285 counter visits
since the program launched.
Community Feedback on Program Implementation
Many members of the community, who engaged with City staff since the launch of the program,
and particularly during the workshops, have expressed concerns over the City’s approach to
implementing this program. Of particular concern was the scope of inspect ions. For example, the
inspection checklist includes items, such as chipped paint on the building exterior, or chipped
surfaces in the kitchen, that some believe are not important health and safety items.
21
Packet Pg. 396
The checklist that inspectors will use is included as Attachment D. It should be noted that all of
the items included on the checklist are taken from State and local building and housing codes,
and are intended to ensure the safety of residents occupying the rental. Modifications to the
checklist have been made to reflect the fact that, for example, chipped paint would only lead to
notice to correct if it were significant and present with other deficiencies in the maintenance of
the home that allowed for moisture to infiltrate the building, potentially causing problems with
mold or structural instability.
The Community Development Department intends to be helpful and reasonable when it comes to
identification and enforcement of checklist items. In addition, the Community Development
Department will do everything it can to allow property owners to keep their rentals in operation
when improvements are needed, or if illegal construction is encountered.
The only case where a tenant may be forced to vacate a unit is if imminent threats to life and
safety are present. This would include things like sharing a bedroom with a water heater, living
in a unit without basic utilities, such as water and power, or where the structure is deteriorated or
is deficient to the point where its structural integrity or stability is in question. In the event that
there is a Cal Poly student displaced, Cal Poly has agreed to temporarily house the student. If the
tenant isn’t a student, staff will work with the displaced tenants to find accommodations.
In cases where illegal units are discovered, City staff from all departments will engage and
advise in a helpful manner to answer any questions about permitting requirements. Staff in the
Community Development Department has tools available to help property owners, such as an
abatement agreement, to create a path to obtain any required permits and complete any needed
improvements in a diligent but flexible manner. This process may extend up to or even beyond
one year based on the particular circumstances and facts related to any violations. In the event
that a property owner doesn’t agree with staff’s determination regarding unpermitted work or a
zoning determination, they can request a Director’s Determination. The decision of the
Director’s Determination can be appealed to the Construction Board of Appeals for building
code determinations or the Planning Commission for zoning determinations.
In a limited number of instances, it may not be possible to permit the unit because of zoning
requirements. For example, in the City’s R-1 zone, only one unit is allowed per lot unless the
second unit is permitted as a secondary dwelling unit, which requires either the main residence or
the secondary dwelling to be owner-occupied. The City of Santa Cruz has been operating a
Rental Housing Inspection Program for approximately four years and identified approximately
75 units that fall into this category. When cases such as these are discovered in San Luis Obispo,
the City will work with the property owner on a transition plan to return the property to legal,
conforming status. Staff intends to be reasonable and flexible in its approach to these cases. For
example, if a rental unit is safe to occupy but illegal for other reasons, the transition plan may
enable the use to continue through the term of the existing lease.
At this time, over 100 units with no record of prior permits have been registered for the program.
As staff works with property owners to understand the history of these units, which is expected
to vary greatly from site to site, updates will be provided to the City Council. At this time
21
Packet Pg. 397
insufficient experience exists to know if further policy guidance is required. To be clear, should
additional policy guidance be needed as these issues emerge, staff will return to the City Council
for direction.
Reporting Results
In addition to reporting on units that have no permit history on record, statistics and records will
be available on the department’s web pages so that the community at large has access to up to
date information about how the program is functioning.
Specifically, the Community Development Department intends to track and report back to the
City Council with regular memo updates and links to information on the rental housing website,
to include the following informational items:
1. Number of units inspected.
2. Number of units passed on first inspection.
3. Number of units passed on second inspection.
4. Top 5 checklist items that resulted in a failed inspection.
5. Number of confirmed illegal units.
6. Number of illegal units which have since been permitted.
7. Number of units which can’t be permitted and the reason.
Update on Annual Registration Fee
At this time combining the annual registration process for RHIP with the business license
renewals would require duplication of work efforts by staff for each program. Over the next
three years, the Finance Department will be reengineering business processes and systems to
improve efficiencies and streamline the experience for the public. RHIP staff will work with
business license staff through this process to try to find a way for the renewals to be done
together in the future. For now the Energov system being used to track an d schedule the RHIP
registrations and inspections has been configured to process the annual registrations.
Update on revenue and fees
At this time staff believes that the projected revenues and fees are on target and will continue to
monitor them. If there is a trend that the projections need to be modified staff will return to the
City Council for further action.
2. Areas of Policy Clarification
Through the program development and implementation staff has identified two areas which
require policy clarification. They are:
a. Extension of the Amnesty period to January 13, 2017
b. Confirmation that all residential rental dwelling units not inspected as part of the Fire
Department’s Multi-Family Inspection Program or otherwise exempt from the Rental
Housing Inspection Program pursuant to San Luis Obispo Municipal Code section
15.10.090 are within the meaning and scope of the definition of “Residential Rental
Dwelling Unit” as set forth in section 15.10.020 of the San Luis Obispo Municipal
21
Packet Pg. 398
Code. This includes, but is not limited to, single family and duplex rental units
located on an R-3 and R-4 zoned lot.
Extension of Amnesty
City Council Resolution No. 10641(2015), adopted as part of the implementation of the Rental
Housing Inspection Program, established an amnesty period from July 1, 2015 to June 30, 2016.
The amnesty period suspends the imposition of the Special Investigation Fee 2 on any property
owner who voluntarily obtains a building permit to either correct or otherwise permit
unpermitted work for a Residential Rental Dwelling Unit as defined in San Luis Obispo
Municipal Code 15.10.010 and is subject to the Rental Housing Inspection Program.
Staff was unable to start the amnesty process until the launch of the RHIP on January 8, 2016.
To date, 43 applications for amnesty have been received. Staff is working with these property
owners to identify what is needed to permit unpermitted work or to legalize unpermitted units.
In addition, through the registration process, there are an estimated 100 units which have
registered for which the City does not have any addresses or building permits. These range from
units which were previously a code enforcement case, units that were removed and have been
converted back, permitted bedrooms and bathrooms which are now second units and units for
which no permits are on file. Staff has begun the process of contacting these property owners to
help them apply for amnesty if needed.
Given City Council’s previous direction to have a one year amnesty period and the later than
anticipated start, staff is recommending City Council adopt the attached Resolution which will
supersede Resolution No. 10614 (2015 Series) and extend the Amnesty period to January 13,
2017. (Attachment A)
R-3 and R-4 Zoned Parcels
Some members of the public have raised concerns that there has been some lack of clarity if the
City Council intended to include R-3 and R-4 zoned parcels with single family, duplexes and
condominium residential rentals units in the RHIP. The primary reason given by certain
property owners are the “R1 and R2” zoning references in the third through sixth recitals of the
RHIP Ordinance. Staff who formulated and presented the program for City Council
consideration believe these units were intended to be included in the program based on the
definition of a “Residential rental dwelling unit” contained in the codified portion of the
ordinance. Yet, it seemed prudent to provide the City Council with the rationale for inclusion and
receive affirmation of this detail to enhance the legislative history of this program.
The City’s Fire Department is responsible for the Multi-family Inspection Program. Currently
Fire personnel conduct annual fire safety inspections of all rental dwelling properties containing
three or more rental units within a single building with a building code occupancy classification
of R-1 or R-2 (which is not to be confused with R-1 or R-2 zoning). The Building Code
2 The Special Investigation Fee is fee imposed on any person who performs construction work
without a permit. The Building Code allows the Building Official to waive all or a portion of the
fee under specific circumstances – see SLOMC § 15.04.020.H, CBC § 109.4.
21
Packet Pg. 399
residential occupancies are grouped by the intended use or occupancy. R-1 occupancies contain
sleeping units where the occupants are primarily transient in nature (i.e. boarding houses, hotels
and motels.) R-2 occupancies contain sleeping units or more than two dwelling units where the
occupants are permanent in nature (i.e. apartments, convents, dormitories, fraternities and
sororities, live/work units, vacation timeshare units.) R-3 occupancies are where occupants are
primarily permanent in nature and not classified as any other occupancy group.
In the City of San Luis Obispo there are 2,504 parcels zoned R-3 or R-4. Fire personnel
currently inspect approximately 984 buildings with a total of about 8,041 rental units, on parcels
zoned R-3 or R-4. These buildings include apartments with three or more units, hotels, motels,
bed & breakfast facilities, hostel facilities, senior facilities and sorority and fraternity houses. If
residential rental dwelling unit(s) as defined in the ordinance located on properties zoned R-3 or
R-4 were not inspected through the RHIP program, there would be an estimated 500 rental
properties that would not be inspected by either the RHIP or the Multi-family Inspection
Program.
It was clear that it was the City Council’s intent that all residential rentals that are not inspected
by the Fire Department or another government agency or otherwise exempted under the
ordinance should be registered and inspected in the RHIP. This interpretation is consistent with
the definition of “Residential Rental Dwelling Unit” in the RHIP which does not refer to any
zoning requirements. That definition is as follows:
“Residential Rental Dwelling Unit" means single- family dwellings, duplexes, and second
dwelling units, which are rented, leased, or held out for rent or lease, or otherwise used
for residential rental purposes, including any curtilage, structures or buildings on the
property on which the Residential Rental Dwelling Unit is located within the San Luis
Obispo City limits, except as otherwise exempted in this chapter. This definition excludes
multifamily dwellings having three or more dwelling units within a structure and
transient type occupancies (hotels, motels and bed - and - breakfasts). See SLOMC §
15.10.020.
Staff is recommending the City Council adopt the attached Resolution which clarifies that all
residential rental dwelling units not inspected as part of the Fire Department’s Multi -Family
Inspection Program or otherwise exempt from the Rental Housing Inspection Program pursuant
to San Luis Obispo Municipal Code section 15.10.090 are within the meaning and scop e of the
definition of “Residential rental dwelling unit” as set forth in section 15.10.020 of the San Luis
Obispo Municipal Code. This will make it clear that this definition additionally includes single
family and duplex rental units located on an R-3 or R-4 zoned lot. (Attachment A)
CONCURRENCES
The Fire Department concurs with the recommendation in this report.
FISCAL IMPACT
There are no new fiscal impacts associated with this Council agenda report.
21
Packet Pg. 400
ALTERNATIVES
1. Council could decide not to extend the amnesty timeline or to extend it to another date.
2. Council could decide not to include the single family, duplexes and condominium
residential rentals on R-3 and R-4 zoned properties in the RHIP. Staff would be required
to return to Council for adoption of revisions to the previously adopted ordinance. This is
not recommended as it leaves a large number of residential rental units not inspected
which appears to be inconsistent with the program’s intent to protect and enhance the
health and safety of the public living in these units.
3. Council could provide further policy direction on issues or concerns raised by the public
about this program. Staff anticipates that many issues and policy suggestions may be
raised at the City Council meeting and staff will be prepared to assist the Council in those
policy deliberations
Attachments:
a - RHIP Extending Amnesty and Policy Determination Resolution
b - Rental Housing Inspection Process
c - Letter and Comment Cards
d - Inspection Checklist
21
Packet Pg. 401
1
RESOLUTION NO.___________ (2016 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO, CALIFORNIA, EXTENDING THE
DEADLINE FOR THE AMNESTY PERIOD FOR WAIVER OF
THE SPECIAL INVESTIGATION FEE AND CLARIFYING THE
INTERPRETATION AND SCOPE OF THE DEFINITION OF
“RESIDENTIAL RENTAL DWELLING UNIT” IN SECTION
15.10.020 OF THE SAN LUIS OBISPO MUNICIPAL CODE
WHEREAS, on May 18, 2015, the City Council adopted Resolution No. 10614 (2015
Series) establishing a one year “amnesty period” whereby the Special Investigation Fee
imposed as part of the City’s code enforcement program was temporarily waived for
property owners that voluntarily seek permits for unpermitted construction for single
family and duplex dwelling units which are subject to the City’s Rental Housing
Inspection Program, Chapter 15.10 of the San Luis Obispo Municipal Code; and
WHEREAS, pursuant to Resolution No. 10614, the amnesty period ends on June 30,
2016. The City Council desires to extend the amnesty period in order for more property
owners to take advantage of this program; and
WHEREAS, on May 19, 2015, the City Council adopted Ordinance No. 1616
establishing a Rental Housing Inspection Program (“RHIP”), wherein the City would
periodically inspect single family and duplex residential rental dwelling units for
compliance with the State and local building and housing codes; and
WHEREAS, differences of opinion have arisen between certain property owners and
City staff regarding the interpretation and scope of the definition of “Residential Rental
Dwelling Unit” as set forth in Section 15.10.020 of the City’s Municipal Code. By this
Resolution, the City Council desires to resolve those differences and clarify the meaning
of that definition.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San
Luis Obispo as follows:
1. For the period of May 17, 2016 to January 13, 2017, the City Council hereby
suspends the imposition of the Special Investigation Fee on any property owner
who voluntarily obtains a building permit to either correct or otherwise permit
unpermitted work for a Residential Rental Dwelling Unit as defined in San Luis
Obispo Municipal Code section 15.10.010 and is subject to the Rental Housing
Inspection Program. The Special Investigation Fee shall continue to apply to any
property owner whose property is currently the subject of a code enforcement
action or a Notice of Violation or Notice to Correct has been or is otherwise
issued to the property owner or does not obtain a permit prior to a scheduled
inspection under the Rental Housing Inspection Program. Resolution No. 10614
21.a
Packet Pg. 402 Attachment: a - RHIP Extending Amnesty and Policy Determination Resolution (1340 : Annual Report on Rental Housing Inspection Program)
2
(2015 Series) is hereby superseded by this Resolution to the extent it is
inconsistent herewith.
2. The City Council hereby confirms that all residential rental dwelling units not
inspected as part of the Fire Department’s Multi-Family Inspection Program or
otherwise exempt from the Rental Housing Inspection Program pursuant to San
Luis Obispo Municipal Code section 15.10.090 are within the meaning and scope
of the definition of “Residential Rental Dwelling Unit” as set forth in section
15.10.020 of the San Luis Obispo Municipal Code. This includes, but is not
limited to, single family and duplex rental units located on an R-3 and R-4 zoned
lot.
Upon motion of _______________________, seconded by
_______________________, and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _____________ 2016.
______________________________
Mayor Jan Marx
ATTEST:
____________________________________
Lee Price, MMC
Interim City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick
City Attorney
21.a
Packet Pg. 403 Attachment: a - RHIP Extending Amnesty and Policy Determination Resolution (1340 : Annual Report on Rental Housing Inspection Program)
3
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
the City of San Luis Obispo, California, this ______ day of ______________,
_________.
______________________________
Lee Price, MMC
Interim City Clerk
21.a
Packet Pg. 404 Attachment: a - RHIP Extending Amnesty and Policy Determination Resolution (1340 : Annual Report on Rental Housing Inspection Program)
Rental Housing Inspection Process
Yes
No
Documents sent to property owner
1. Registration Letter
2. Registration Form
Property Owner returns
registration form and fee
Inspection Scheduled
Owner notified of inspection
date/time and fee. Tenant also
notified of date/time.
Owner pays fee
Inspection
performed Unit passes
Certificate of
Compliance issued
Needs
Corrections
No Permits
needed
Permits
Needed
Unpermitted
Unit
Re-inspection in
2 weeks
Permits finaled
Repairs made Permits obtained
from Building
Repairs made
Permits finaled
Certificate of
Compliance issued
Plan submitted
and permits issued
Planning
Approval
Unit Removed
21.b
Packet Pg. 405 Attachment: b - Rental Housing Inspection Process (1340 : Annual Report on Rental Housing Inspection Program)
21.c
Packet Pg. 406 Attachment: c - Letter and Comment Cards (1340 : Annual Report on Rental Housing Inspection Program)
21.c
Packet Pg. 407 Attachment: c - Letter and Comment Cards (1340 : Annual Report on Rental Housing Inspection Program)
21.c
Packet Pg. 408 Attachment: c - Letter and Comment Cards (1340 : Annual Report on Rental Housing Inspection Program)
21.c
Packet Pg. 409 Attachment: c - Letter and Comment Cards (1340 : Annual Report on Rental Housing Inspection Program)
21.c
Packet Pg. 410 Attachment: c - Letter and Comment Cards (1340 : Annual Report on Rental Housing Inspection Program)
21.c
Packet Pg. 411 Attachment: c - Letter and Comment Cards (1340 : Annual Report on Rental Housing Inspection Program)
21.c
Packet Pg. 412 Attachment: c - Letter and Comment Cards (1340 : Annual Report on Rental Housing Inspection Program)
21.c
Packet Pg. 413 Attachment: c - Letter and Comment Cards (1340 : Annual Report on Rental Housing Inspection Program)
21.c
Packet Pg. 414 Attachment: c - Letter and Comment Cards (1340 : Annual Report on Rental Housing Inspection Program)
21.c
Packet Pg. 415 Attachment: c - Letter and Comment Cards (1340 : Annual Report on Rental Housing Inspection Program)
21.c
Packet Pg. 416 Attachment: c - Letter and Comment Cards (1340 : Annual Report on Rental Housing Inspection Program)
21.c
Packet Pg. 417 Attachment: c - Letter and Comment Cards (1340 : Annual Report on Rental Housing Inspection Program)
21.c
Packet Pg. 418 Attachment: c - Letter and Comment Cards (1340 : Annual Report on Rental Housing Inspection Program)
21.c
Packet Pg. 419 Attachment: c - Letter and Comment Cards (1340 : Annual Report on Rental Housing Inspection Program)
21.c
Packet Pg. 420 Attachment: c - Letter and Comment Cards (1340 : Annual Report on Rental Housing Inspection Program)
21.c
Packet Pg. 421 Attachment: c - Letter and Comment Cards (1340 : Annual Report on Rental Housing Inspection Program)
21.c
Packet Pg. 422 Attachment: c - Letter and Comment Cards (1340 : Annual Report on Rental Housing Inspection Program)
21.c
Packet Pg. 423 Attachment: c - Letter and Comment Cards (1340 : Annual Report on Rental Housing Inspection Program)
21.c
Packet Pg. 424 Attachment: c - Letter and Comment Cards (1340 : Annual Report on Rental Housing Inspection Program)
21.c
Packet Pg. 425 Attachment: c - Letter and Comment Cards (1340 : Annual Report on Rental Housing Inspection Program)
21.c
Packet Pg. 426 Attachment: c - Letter and Comment Cards (1340 : Annual
21.c
Packet Pg. 427 Attachment: c - Letter and Comment Cards (1340 : Annual Report on Rental Housing Inspection Program)
21.c
Packet Pg. 428 Attachment: c - Letter and Comment Cards (1340 : Annual Report on Rental Housing Inspection Program)
21.c
Packet Pg. 429 Attachment: c - Letter and Comment Cards (1340 : Annual Report on Rental Housing Inspection Program)
21.c
Packet Pg. 430 Attachment: c - Letter and Comment Cards (1340 : Annual Report on Rental Housing Inspection Program)
21.c
Packet Pg. 431 Attachment: c - Letter and Comment Cards (1340 : Annual Report on Rental Housing Inspection Program)
21.c
Packet Pg. 432 Attachment: c - Letter and Comment Cards (1340 : Annual Report on Rental Housing Inspection Program)
21.c
Packet Pg. 433 Attachment: c - Letter and Comment Cards (1340 : Annual Report on Rental Housing Inspection Program)
21.c
Packet Pg. 434 Attachment: c - Letter and Comment Cards (1340 : Annual Report on Rental Housing Inspection Program)
21.c
Packet Pg. 435 Attachment: c - Letter and Comment Cards (1340 : Annual
21.c
Packet Pg. 436 Attachment: c - Letter and Comment Cards (1340 : Annual Report on Rental Housing Inspection Program)
21.c
Packet Pg. 437 Attachment: c - Letter and Comment Cards (1340 : Annual Report on Rental Housing Inspection Program)
21.c
Packet Pg. 438 Attachment: c - Letter and Comment Cards (1340 : Annual Report on Rental Housing Inspection Program)
21.c
Packet Pg. 439 Attachment: c - Letter and Comment Cards (1340 : Annual Report on Rental Housing Inspection Program)
21.c
Packet Pg. 440 Attachment: c - Letter and Comment Cards (1340 : Annual Report on Rental Housing Inspection Program)
21.c
Packet Pg. 441 Attachment: c - Letter and Comment Cards (1340 : Annual Report on Rental Housing Inspection Program)
21.c
Packet Pg. 442 Attachment: c - Letter and Comment Cards (1340 : Annual Report on Rental Housing Inspection Program)
21.c
Packet Pg. 443 Attachment: c - Letter and Comment Cards (1340 : Annual Report on Rental Housing Inspection Program)
Rental Housing Inspection Program
Inspection Checklist
Community Development T 805.594.8189
919 Palm Street, San Luis Obispo, CA 93401-3218 F 805.781.7173
Case #: _________________ Date: ________________
Property Address:
Part 1- Exterior Pass Needs
Correction Comments
Premises – no abandoned or inoperable
vehicles, overgrown vegetation, infestation of
insects or vermin, discarded household items,
trash debris or any graffiti.
Premise identification installed on building.
Exterior Walls – no peeling paint, holes,
missing sections or deterioration.
Vent Screens – no missing or damaged
crawl space, attic or foundation vent screens.
Stairway/Landing/ Guardrails/Handrails –
well secured, not deteriorated.
Handrails provided for 4 steps or more.
Roof and Ceilings – without any leaks
Exterior Lighting – functions and have
proper covers, no exposed wiring.
Electrical Panel –all breakers/fuses are
labeled and there is no exposed wiring.
Garage – Is used for its permitted purpose.
Entry Doors – all doors and door jambs have
strike plates that are secure. entry doors open
and close easily and able to be unlocked
without a key from interior; weather sealed.
Part II: Interior
Windows – windows can be opened and
closed easily, lock and have no missing or
broken glazing. Bedrooms have
escape/rescue windows and are not blocked.
Any security bars/screens can be released
from the interior.
Heaters – are permanently installed and
properly functioning. Able to heat room to 68°
Kitchen Counters and Sink Surfaces –No
significant cracked or missing pieces.
Floor/Subfloor – Not defective or
deteriorating to cause a trip hazard. Free
from signs of buckling or sagging.
21.d
Packet Pg. 444 Attachment: d - Inspection Checklist (1340 : Annual Report on Rental Housing Inspection Program)
Property Address: _____________________________
Page 2
Plumbing/Piping –without leaks or clogs, no
missing handles or spouts. Hot water required
in the kitchen and bathrooms.
Water Heaters – installed in approved
location, have seismic strapping, operable
relief valve & drain line. Minimum 120 water
temperature
Bathroom Ventilation – operable window or
exhaust fan.
Smoke Detectors – working, and located in
each bedroom, in hallways leading to
bedrooms and on each level of unit.
Carbon Monoxide Detectors – located
outside each sleeping area & on each level of
unit (including basements).
Electrical – general outlets, lights, switches
and cover plates are installed properly with no
exposed wiring. GFCI required locations:
bathrooms, kitchen counters, exterior of the
building and in garages. Only required where
outlets have been upgraded.
No change in any portion of a building, structure, common area or any other work regulated by Code shall be required
when such work was installed and is maintained in accordance with the Code in effect at the time of installation. A
completed Rental Housing Inspection Checklist does not certify that any work done to the building or structure was in
compliance with any permit or approval requirements.
I certify that I have inspected the aforementioned unit and that the information above is true and correct to the
best of my knowledge.
Name of Inspector: _____________________________________ Date: _______________________
Additional Inspection Comments:
21.d
Packet Pg. 445 Attachment: d - Inspection Checklist (1340 : Annual Report on Rental Housing Inspection Program)
Page intentionally left
blank.