HomeMy WebLinkAbout03-16-2021 Agenda Packet
Tuesday, March 16, 2021
San Luis Obispo Page 1
Based on the threat of COVID-19 as reflected in the Proclamations of Emergency issued by both the Governor
of the State of California, the San Luis Obispo County Emergency Services Director and the City Council of the
City of San Luis Obispo as well as the Governor’s Executive Order N-29-20 issued on March 17, 2020, relating
to the convening of public meetings in response to the COVID-19 pandemic, the City of San Luis Obispo will
be holding all public meetings via teleconference. There will be no physical location for the Public to
view the meeting. Below are instructions on how to view the meeting remotely and how to leave public
comment.
Additionally, members of the City Council are allowed to attend the meeting via teleconference and to
participate in the meeting to the same extent as if they were present.
Using the most rapid means of communication available at this time, members of the public are
encouraged to participate in Council meetings in the following ways:
1. Remote Viewing - Members of the public who wish to watch the meeting can view:
• View the Webinar (recommended for the best viewing quality):
➢ URL: https://slocity-org.zoom.us/j/97921674125?pwd=dXQzV0FaeWNRWVM5TWdscDhlaUV0QT09
➢ Telephone Attendee: +1 (669) 669-900-6833
➢ Webinar ID: 979 2167 4125; Passcode: 296750
Note: The City utilizes Zoom Webinar for City Council Meetings. All attendees will enter the
meeting muted. An Attendee tutorial is available on YouTube; please test your audio settings.
• Televised live on Charter Cable Channel 20
• View a livestream of the meeting on the City’s YouTube channel: http://youtube.slo.city
2. Public Comment - The City Council will still be accepting public comment. Public comment can be
submitted in the following ways:
• Mail or Email Public Comment
➢ Received by 3:00 PM on the day of meeting - Can be submitted via email to
emailcouncil@slocity.org or U.S. Mail to City Clerk at 990 Palm St. San Luis Obispo, CA 93401.
All emails will be archived/distributed to councilmembers, however, submissions after 3:00 p.m. on
the day of the meeting may not be archived/distributed until the following day. Emails will not be
read aloud during the meeting.
• Verbal Public Comment
➢ In Advance of the Meeting - Call (805) 781-7164; state and spell your name, the agenda item
number you are calling about and leave your comment. The verbal comments must be limited to 3
minutes. All voicemails will be forwarded to the Council Members and saved as Agenda
Correspondence. Voicemails will not be played during the meeting.
➢ During the meeting – Join the webinar (instructions above). Once public comment for the item
you would like to speak on is called, please raise your virtual hand, your name will be called, and
your microphone will be unmuted. If you have questions, contact the office of the City Clerk at
cityclerk@slocity.org or (805) 781-7100.
San Luis Obispo City Council Agenda March 16, 2021 Page 2
5:30 PM
*EARLY START*
REGULAR MEETING TELECONFERENCE
Broadcast Via Webinar
CALL TO ORDER: Mayor Heidi Harmon
ROLL CALL: Council Members Carlyn Christianson, Jan Marx, Andy Pease,
Vice Mayor Erica A Stewart, and Mayor Heidi Harmon
PLEDGE OF ALLEGIANCE: Mayor Heidi Harmon
PUBLIC HEARING AND BUSINESS ITEMS
1.FIRE DEPARTMENT 2020 ANNUAL REPORT (AGGSON / BLATTLER – 30 MINUTES)
Recommendation:
Receive and file the Fire Department’s 2020 Annual Report.
PRESENTATIONS
2.CITY MANAGER REPORT (JOHNSON – 10 MINUTES)
Recommendation:
Receive a brief report from City Manager Derek Johnson.
PUBLIC COMMENT PERIOD FOR ITEMS NOT ON THE AGENDA
(Not to exceed 15 minutes total)
The Council welcomes your input. 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
Matters appearing on the Consent Calendar are expected to be non-controversial and will be acted upon
at one time. 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.
San Luis Obispo City Council Agenda March 16, 2021 Page 3
3. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES
(PURRINGTON)
Recommendation:
Waive reading of all resolutions and ordinances as appropriate.
4. MINUTES REVIEW - FEBRUARY 23, 2021 AND MARCH 2, 2021 COUNCIL
MINUTES (PURRINGTON)
Recommendation:
Approve the minutes of the City Council meetings held on February 23, 2021 and March 2,
2021.
5. 2021 APPOINTMENTS TO CITY ADVISORY BODIES (PURRINGTON / CHRISTIAN)
Recommendation:
As recommended by the Council Liaison Subcommittees, make appointments to the City of
San Luis Obispo's advisory bodies, grant an exception for appointment to two concurrent
positions on like (technical or special purpose) advisory bodies, allow for a one-time
appointment to three advisory bodies by the same individual, and direct the City Clerk to
continue to recruit for any unfilled vacant positions.
6. ANNUAL REPORT FOR THE AVILA RANCH MITIGATION MONITORING AND
REPORTING PROGRAM, DEVELOPMENT AGREEMENT AND COMMUNITY
FACILITIES DISTRICT (CODRON / RICKENBACH / E. CANO)
Recommendation:
Receive and file the annual report for the Avila Ranch Mitigation Monitoring and Reporting
Program, Development Agreement and Community Facilities District.
7. ANNUAL MONITORING REPORT FOR THE SAN LUIS RANCH MITIGATION
MONITORING AND REPORTING PROGRAM AND DEVELOPMENT
AGREEMENT (CODRON / RICKENBACH / E. CANO)
Recommendation:
Receive and file the annual monitoring report for the San Luis Ranch Mitigation
Monitoring and Reporting Program and Development Agreement.
San Luis Obispo City Council Agenda March 16, 2021 Page 4
8. FY 2021-22 GRANT APPLICATION FOR OFFICE OF TRAFFIC SAFETY GRANT
PROGRAM (SMITH / ELLSWORTH)
Recommendation:
1. Authorize the Police Department to submit a grant application to the Office of Traffic Safety
for a FY 2021-22 Selective Traffic Enforcement Program (STEP) grant not to exceed
$250,000; and
2. If the grant is awarded, authorize the City Manager or his designee to execute all grant
related documents and authorize the Finance Director to make the necessary budget
adjustments upon the award of the grant.
9. APPROVAL OF THE FINAL PARCEL MAP FOR PARCEL MAP SLO 19-0081,
3700 RANCH HOUSE ROAD (SBDV-0826-2019 AND ARCH-0825-2019)
(CODRON / LA CHAINE)
Recommendation:
Adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo,
California, approving the Final Parcel Map for Parcel Map SLO 19-0081 (3700 Ranch House
Road).
10. AUTHORIZATION TO FURTHER EXTEND THE LIFE OF ALL CITY
DISCRETIONARY APPROVALS AND THE OPEN SLO PILOT PROGRAM DUE
TO THE COVID-19 PANDEMIC EMERGENCY (CODRON)
Recommendation:
1. Adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis
Obispo, California, proclaiming the continuing existence of a local emergency regarding
the COVID-19 Pandemic and extending the life of discretionary approvals, building
permit applications, and cannabis operator permits to mitigate economic impacts and aid
in economic recovery superseding Council Resolution No. 11131 (2020 Series)” to
extend the life of all City discretionary approvals; and
2. Adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis
Obispo, California, approving the City of San Luis Obispo Outdoor Public Space
Expansion Temporary COVID-19 Business Support and Recovery Program to facilitate
compliance with public health orders and to mitigate economic impacts by supporting
local businesses and restaurants,” superseding Council Resolution No. 11118 (2020
Series), to extend the life of the Open SLO temporary pilot program for temporary use of
City right-of-way to support physical distancing and COVID-19 economic recovery.
San Luis Obispo City Council Agenda March 16, 2021 Page 5
11. CONSIDER AMENDING THE RATE AND METHOD OF APPORTIONMENT FOR
CITY OF SAN LUIS OBISPO COMMUNITY FACILITIES DISTRICT NO. 2019-1
(SAN LUIS RANCH), AND RELATED MATTERS (ELKE / E. CANO)
Recommendation:
Adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis
Obispo, California, of consideration to amend the Rate and Method of Apportionment
(RMA) for City of San Luis Obispo Community Facilities District No. 2019 -1 (San Luis
Ranch), and related matters.”
STUDY SESSION ITEMS
12. STUDY SESSION: OPEN SPACE WINTER EVENING HOURS OF USE
(HERMANN / HILL – 60 MINUTES)
Recommendation:
With the recent conclusion of the Open Space Winter Evening Hours of Use Pilot Program
the following near-term actions are recommended:
1. Receive and file the final summary report for the Pilot Program; and
2. Provide direction regarding any future open space winter evening hours of use that the
City Council may wish to consider.
13. STUDY SESSION: HOUSING UPDATE (CODRON / COREY / COHEN – 60 MINUTES)
Recommendation:
Receive an update on state housing legislation, the Housing Element Certification process,
and the implementation of the City’s housing programs.
LIAISON REPORTS AND COMMUNICATIONS
(Not to exceed 15 minutes)
Council Members report on conferences or other City activities. 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 March 16, 2021 Page 6
ADJOURNMENT
The City Council will hold a Special Closed Session Meeting on Monday, March 29, 2021 at
4:00 p.m. via teleconference.
The next Regular City Council Meeting is scheduled for Tuesday, April 6, 2021 at 5:30 p.m.
and 6:00 p.m., respectively, via teleconference.
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) 781-7410.
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.
Department Name: Fire
Cost Center: 8501
For Agenda of: March 16, 2021
Placement: Business
Estimated Time: 30 minutes
FROM: Keith Aggson, Fire Chief
Prepared By: James Blattler, Senior Administrative Analyst
SUBJECT: FIRE DEPARTMENT 2020 ANNUAL REPORT
RECOMMENDATION
Receive and file the Fire Department’s 2020 Annual Report.
DISCUSSION
The Fire Department’s 2020 Annual Report (Attachment A) provides an overview of the
Department’s past operational year. The report highlights both department activity and statistics
that the department utilizes to analyze performance and workload. Included in the report are
some of the major accomplishments made by staff during the last year highlighting specific work
efforts completed by Department staff.
The report focuses on five major areas: training, emergency response statistics, mutual aid
activity, hazard prevention statistics, and twenty of the major accomplishments achieved over the
calendar year. The report aligns with three of the department’s five strategic directions in the
Department’s 5-year Strategic Plan (Attachment B): (1) Connecting with the Community, (2)
Continuously Evaluating Programs and Service Delivery, and (3) Analyzing Relevant Data to
Inform Decision Making.
To help keep the community informed of the efforts staff completed over the past year, the plan
and an accompanying video was released to the public on January 5, 2021 through a formal
media release, Department and City social media platforms, and by posting to the Department
website.
Background
Historically, the Fire Department has presented annual reports at the end of the fiscal year,
however, staff is transitioning to calendar year reporting moving forward. This change will al ign
more with the statistics the fire department has historically utilized to assess performance and
workload. Due to the recent presentation in July, the 2020 annual report and associated data
contains less analysis than typically comes with the report. After calendar year 2021 staff plans
to complete a more substantive report, which will be presented to Council along with the first
major update to the department’s 5-year strategic plan.
Item 1
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Previous Council Action
On July 21, 2020, the City Council received and filed the Fire Department’s 2019-20 Annual
Report and the 2020-21 Operational Plan (Attachment C) of the Department’s Strategic Plan.
Public Engagement
This item is a business item for the March 16, 2021 City Council meeting and will follow all
required postings and notifications. The public will have the opportunity to provide comment on
this item at or before the meeting.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to the recommended action in this
report, because the action does not constitute a “Project” under CEQA Guidelines Sec. 15378.
FISCAL IMPACT
Budgeted: Yes Budget Year: 2019-20 and 2020-21
Funding Identified: Yes
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current Funding
Request
Remaining
Balance
Annual
Ongoing Cost
General Fund N/A 0 0 0
State
Federal
Fees
Other:
Total N/A
The Fire Department is funded through the General Fund’s annual budget appropriation adopted
by the City Council. All activities within the report are covered through the annual program
appropriations as outlined in the City’s Financial Plan.
ALTERNATIVES
The City Council could choose to not receive and file the report. This is not recommended as
the report provides a record of essential statistics and trends that are important for policy makers
and the public awareness in our community.
Attachments:
a - COUNCIL READING FILE - Fire Department 2020 Annual Report
b - COUNCIL READING FILE - 2018-2023 Fire Department Strategic Plan
c - 2020-21 Operational Plan
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1 ConsulƟng Sales Staffing Support SLO CITY FIRE OPERATIONAL PLAN 2020‐2021 The Strategic Plan forms the framework for the development of the department’s one‐year OperaƟonal Plan. AŌer the iniƟal formaƟon of the Strategic Plan staff collaborated to idenƟfy specific strategies in the Plan that would be iniƟated in each fiscal year. The worksheets that follow capture the Strategies intended to be conƟnued or iniƟated in 2020‐2021. Item 1Packet Page 3
21 ConsulƟng Sales Staffing Support Page 2 of 5 2020‐2021 OPERATIONAL PLAN Strategy Leader Strategic DirecƟon 1 ConnecƟng with our Community Strategic ObjecƟve 1.1 Establish Meaningful Fire PrevenƟon EducaƟon and Programs Strategy 1.1.1 Enhance opportuniƟes for the community to provide feedback to the Department Aggson Strategic ObjecƟve 1.2 Establish Strong Community EducaƟon Strategies for Increased Public Safety Strategy 1.2.3 Implement ciƟzen fire academy with a goal of increasing public knowledge and understand-ing of fire department services Hais Strategy 1.2.4 Implement a fire academy for local media with a goal of creaƟng a foundaƟonal understand-ing of fire department services and operaƟonal prioriƟes Hais Strategy 1.2.5 Explore expansion of lay person medical training program such as public CPR and first aid Berryman Strategy 1.2.6 Expand fire crew / City faciliƟes educaƟon program to increase meaningful cross-department relaƟons and enhance City employee emergency and disaster planning preparedness Hais Strategic DirecƟon 2 ConƟnuously EvaluaƟng Programs and Service Delivery Strategic ObjecƟve 2.1 Strategy 2.1.1 Partner with City AdministraƟon, Community Development, Parks & RecreaƟon, Public Works, regional stakeholders and property owners to develop open space and defensible space inspecƟon and miƟgaƟon program Maggio Strategy 2.1.4 ConƟnue to enhance community safety by evaluaƟng the fire prevenƟon efficacy of current codes and ordinances, and bringing forward opƟons for further enhancement to the commu-nity and City Council, as appropriate Maggio Collaborate to implement programs to reduce instance and severity of fires and to enhance survivability 2020‐2021 OPERATIONAL PLAN WORKSHEETS Item 1Packet Page 4
31 ConsulƟng Sales Staffing Support Page 3 of 5 2020‐2021 OPERATIONAL PLAN Strategy Leader Strategic DirecƟon 2 (conƟnued) ConƟnuously EvaluaƟng Programs and Service Delivery Strategic ObjecƟve 2.2 Maximize efficiencies through technology and reengineering Strategy 2.2.1 Implement electronic records system for all emergency response, plan review, and fire construcƟon and fire life-safety inspecƟon acƟviƟes (for Fire PrevenƟon and Emergency Response inspecƟon programs) Maggio Strategy 2.2.2 Implement online fire prevenƟon self-inspecƟon program for low-risk occupancies Maggio Strategy 2.2.3 Develop peer-review program to ensure completeness of emergency response reports and partner with City AƩorney’s Office to develop documentaƟon best pracƟces guidelines and training Berryman Strategy 2.2.4 ConƟnue to propose updates to local codes that will enhance community safety Maggio Strategic ObjecƟve 2.3 Enhance and engage staff professional development Strategy 2.3.3 Explore opƟons for offering increased fire service training for dispatch personnel Alforque Strategic ObjecƟve 2.4 Assess and implement internal process improvement Strategy 2.4.1 Develop and maintain clear, current wriƩen standards with healthy, producƟve partnership between Labor and Department leadership Aggson Strategy 2.4.2 Explore opƟons with medical direcƟon to implement community-based medicine or other pilot programs that maximize effecƟve medical service delivery Alforque/Operations Strategy 2.4.3 Revise aŌer-acƟon incident assessment and implementaƟon of lessons learned Hais Strategy 2.4.5 Partner with County Emergency Medical Services Agency and San Luis Ambulance to assess emergency response mode efficacy to more criƟcally assess when the use of lights and sirens are necessary based on incident type Aggson 2020‐2021 OPERATIONAL PLAN WORKSHEETS Item 1Packet Page 5
41 ConsulƟng Sales Staffing Support Page 4 of 5 2020‐2021 OPERATIONAL PLAN Strategy Leader Strategic DirecƟon 3 Analyzing Relevant Data to Inform Decision Making Strategic ObjecƟve 3.1 Analyze emergency response and fire prevenƟon services data trends Strategy 3.1.1 Assess workload impacts on emergency response crews given steady increase in emergency response call volume Aggson Strategy 3.1.2 Create a system for prioriƟzing compeƟng workday expectaƟons for emergency response crews BaƩalion Chief Strategic ObjecƟve 3.2 Establish and/or confirm apparatus and equipment replacement plan Strategy 3.2.1 Develop inventory and budget forecast plan for all durable equipment BlaƩler Strategic DirecƟon 4 Improving OrganizaƟonal Culture, Sustainability, and Health Strategic ObjecƟve 4.1 Establish an open, respecƞul, inclusive and healthy work environment throughout the enƟre department Strategy 4.1.2 Partner with Human Resources and prioriƟze training funds to implement programs designed to improve organizaƟonal culture Aggson Strategy 4.1.3 Partner with Human Resources to maximize the recruitment and retenƟon of employees who embrace our service focused mission and aspiraƟonal healthy workplace culture Aggson Strategy 4.1.5 Establish a system to reward retenƟon and employees and/or work teams who make significant contribuƟons BlaƩler Strategy 4.1.6 Establish an annual employee recogniƟon program to capture acts of heroism, significant contribuƟons, promoƟons, and other employee milestones to be celebrated Aggson 2020‐2021 OPERATIONAL PLAN WORKSHEETS Item 1Packet Page 6
51 ConsulƟng Sales Staffing Support Page 5 of 5 2020‐2021 OPERATIONAL PLAN Strategy Leader Strategic DirecƟon 5 SupporƟng Fiscal Sustainability in Department OperaƟons Strategic ObjecƟve 5.2 Evaluate New Ways of Doing Business Strategy 5.2.1 Analyze and propose staffing and resource levels to meet plan review and construcƟon inspecƟon service delivery goals, or amend goals to align with staffing levels Maggio Strategic ObjecƟve 5.3 Maximize Revenue GeneraƟon Strategy 5.3.2 Expand fee-for-service medical standby for local events that have the potenƟal to significantly impact normal daily staffing Hais Strategy 5.3.3 Explore opƟons to bring to Council regarding fee for services related to non-emergency assistance provided to care faciliƟes Fox 2020‐2021 OPERATIONAL PLAN WORKSHEETS Item 1Packet Page 7
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San Luis Obispo Page 1
Tuesday, February 23, 2021
Adjourned Meeting of the City Council
CALL TO ORDER
An Adjourned Meeting of the San Luis Obispo City Council was called to order on Tuesday,
February 23, 2021 at 5:03 p.m. by Mayor Harmon, with all Members present via teleconference.
ROLL CALL
Council Members
Present: Council Members Carlyn Christianson, Jan Marx, Andy Pease, Vice Mayor Erica
A. Stewart, and Mayor Heidi Harmon.
Council Members
Absent: None
City Staff
Present: Derek Johnson, City Manager; Christine Dietrick, City Attorney; and Teresa
Purrington, City Clerk; were present at Roll Call. Other staff members presented
reports or responded to questions as indicated in the minutes.
PRESENTATIONS
City Manager Derek Johnson provided a brief City Manager/Emergency Services Director update.
CONTINUED BUSINESS ITEMS
1. AFTER ACTION REVIEW OF THE JUNE 1, 2020 PROTEST
City Manager Derek Johnson and Interim Chief Jeff Smith provided comments regarding the
status of the After-Action Review.
ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY
COUNCIL MEMBER MARX, CARRIED 5-0 to receive and file the report.
COUNCIL COMMUNICATIONS AND LIAISON REPORTS
City Council had a brief discussion regarding the meeting schedule for the next three months.
Item 4
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San Luis Obispo City Council Minutes of February 23, 2021 Page 2
ADJOURNMENT
The meeting was adjourned at 6:31 p.m. The next Regular City Council Meeting is scheduled for
Tuesday, March 2, 2021 at 6:00 p.m., via teleconference.
__________________________
Teresa Purrington,
City Clerk
APPROVED BY COUNCIL: XX/XX/2021
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San Luis Obispo Page 1
Tuesday, March 2, 2021
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
2, 2021 at 6:03 p.m. by Mayor Harmon, with all Members present via teleconference.
ROLL CALL
Council Members
Present: Council Members Carlyn Christianson, Jan Marx, Andy Pease, Vice Mayor Erica
A. Stewart, and Mayor Heidi Harmon.
Council Members
Absent: None
City Staff
Present: Derek Johnson, City Manager; Christine Dietrick, City Attorney; and Teresa
Purrington, City Clerk; were present at Roll Call. Other staff members presented
reports or responded to questions as indicated in the minutes.
PLEDGE OF ALLEGIANCE
Council Member Andy Pease led the Pledge of Allegiance.
PRESENTATIONS
1. CITY MANAGER REPORT
City Manager Derek Johnson provided a brief report.
PROCLAMATIONS
2. WOMEN'S HISTORY MONTH PROCLAMATION
Mayor Harmon presented a Proclamation declaring March as Women’s History Month to
Cindy Marie Absey, from the League of Women Voters.
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San Luis Obispo City Council Minutes of March 2, 2021 Page 2
PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA
Michelle M
Brandon
Kevin Foote
John Ashbaugh
Carmen Bouquin
Marshall James
Colin McGlinchey
Mitchell Wexler
Lepa Radic
Manuel Saenz
Melissa Toussimehr
Kalea Conrad
Ethan Weiss
Michele Ragosa
Alejandro
Declan Galli
Kyle Meeder
Kat Schroeder Mora
Raleigh Delk
James Bernal
Rob Moore
Garrett
Elle
Trystan Love
Mattie Vogler
---End of Public Comment---
CONSENT AGENDA
Council Member Pease indicated she would be recusing herself from Item #6 as her firm has done
work on the project.
ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY VICE
MAYOR STEWART, CARRIED 5-0 to approve Consent Calendar Items 3 thru 7.
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 REVIEW – FEBRUARY 16, 2021 COUNCIL MINUTES
CARRIED 5-0, to approve the minutes of the City Council meeting held on February 16,
2021.
5. APPROVE CONTRACT FOR RADIO SHELTER AND TOWER ON KVEC HILL
CARRIED 5-0, to
1. Approve and authorize the City Manager or their designee to execute the contract for Radio
Shelter and Tower on KVEC Hill; and
2. Authorize the transfer of $354,750 from Capital Outlay Fund to Community Safety
Emergency Response CIP 91584 Award 1019.
6. REQUEST OF AFFORDABLE HOUSING FUNDS FROM THE HOUSING
AUTHORITY OF THE CITY OF SAN LUIS OBISPO FOR TOSCANO
APARTMENTS ($335,000)
CARRIED 4-0-1, (With Council Member Pease recused) to adopt Resolution No. 11225
(2021 Series) entitled “A Resolution of the City Council of the City of San Luis Obispo,
California, approving an Affordable Housing Fund award to the Housing Authority of the
City of San Luis Obispo for Toscano Apartments in the amount of $335,000” to assist with
construction costs for Toscano Apartments, a 38-unit affordable housing project located at
3065 Lucca Lane.
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San Luis Obispo City Council Minutes of March 2, 2021 Page 3
7. APPROVE CHANGES TO THE MASTER FEE SCHEDULE -
QUIMBY/MITIGATION FEE ACT TERMINOLOGY
CARRIED 5-0, to approve a change in fee terminology for the Citywide Parkland and
Improvement Development Fees governed by the Subdivision Map Act and Mitigation Fee
Act by land use type.
PUBLIC HEARING ITEMS AND BUSINESS ITEMS
8. PUBLIC HEARING TO CONSIDER: GENERAL PLAN AMENDMENT AND
REZONE FOR A NEIGHBORHOOD PARK, INCLUDING A PARKING
REDUCTION AND ASSOCIATED IMPROVEMENTS WITHIN CITY RIGHT-OF-
WAY, AND CONSIDERATION OF A MITIGATED NEGATIVE DECLARATION
ENVIRONMENTAL DETERMINATION.
Associate Planner Kyle Bell, Contract Planner Cassidy Williams, Engineer III Shelsie
Kloepper provided an in-depth staff report and responded to Council questions.
Public Comments:
None
---End of Public Comment---
ACTION: MOTION BY COUNCIL MEMBER MARX, SECOND BY COUNCIL
MEMBER CHRISTIANSON, CARRIED 5-0 to:
1. Adopt Resolution No. 11226 (2021 Series) entitled “A Resolution of the City Council of
the City of San Luis Obispo, California approving a General Plan Amendment and Rezone
for a Neighborhood Park, including a parking reduction and associated improvements
within City right-of-way. The Project includes amending the General Plan designation of
the site from Open Space (OS) to Park (P) and amending the zoning designation of the site
from Conservation/Open Space (C/OS) To Public Facility (PF). The Project includes a
Mitigated Negative Declaration of Environmental Impact as represented in the staff report
and attachments dated March 2, 2021 (533 Broad Street, PARK-0320-2020, GENP-0612-
2019, RZ-0322-2020 and EID-0321-2020)” adopting the Final IS-MND, and approving the
General Plan Amendment, Rezone, and Parking Reduction for a neighborhood park; and
2. Introduce Ordinance No. 1693 (2021 Series) entitled “An Ordinance of the City Council of
the City of San Luis Obispo, California approving a rezone for a Neighborhood Park. The
Project includes amending the Zoning Regulations map to change the Zoning Designation
of the associated property from Conservation/Open Space (C/OS) To Public Facility (PF),
respectively, including a Mitigated Negative Declaration of Environmental Review, as
represented in the staff report and attachments dated March 2, 2021 (533 Broad Street:
PARK-0320-2020, GENP-0612-2019, RZ-0322-2020, and EID-0321-2020)” changing the
Zoning Designation of 533 Broad Street from Conservation/Open Space (C/OS) to Public
Facility (PF).
3. Adopt Resolution No. 11227 (2021 Series) entitled “A Resolution of the City Council of
the City of San Luis Obispo, California approving a General Plan Amendment for a
Neighborhood Park. The Project includes amending the General Plan designation of the site
from Open Space (OS) to Park (P). The Project includes a Mitigated Negative Declaration
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San Luis Obispo City Council Minutes of March 2, 2021 Page 4
of Environmental Impact as represented in the staff report and attachments dated March 2,
2021 (533 Broad Street, PARK-0320-2020, GENP-0612-2019, RZ-0322-2020 And EID-
0321-2020 changing the General Plan designation of 533 Broad Street from Open Space
(OS) to Park (P).”
With the added Conditions requested by the Planning Commission and that signage be
added to the security fencing around the creek.
RECESS
Council recessed at 8:07 p.m. and reconvened at 8:15 p.m., with all Council Members present.
9. CONSIDERATION OF THE FISCAL YEAR 2021-22 COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) FUNDING RECOMMENDATIONS
Community Development Director Michael Codron and Housing Coordinator Cara
Vereschagin provided an in-depth staff report and responded to Council questions.
Public Comments:
Grace McIntosh
Patty Smith
---End of Public Comment---
ACTION: MOTION BY COUNCIL MEMBER MARX, SECOND BY VICE MAYOR
STEWART, CARRIED 4-1 (COUNCIL MEMBER PEASE VOTING NO) to adopt
Resolution No. 11228 (2021 Series) entitled “A Resolution of the City Council of the City of
San Luis Obispo, California, approving the 2021 Community Development Block Grant
(CDBG) Program” to approve funding allocations for an estimated $513,086 of CDBG funds
for the 2021-22 Program Year.”
ACTION: MOTION BY COUNCIL MEMBER PEASE, SECOND BY COUNCIL
MEMBER CHRISTIANSON, CARRIED 5-0 to recommend that if additional allocation is
received that it be proportionately allocated between Housing & Public Facilities and Public
Services & Economic Development per the CDBG formula. The first $500, in the Public
Services and Economic Development category be provided to CASA, if no other funds are
available, and the remaining fund to be allocated to CAPSLO for 40 Prado.
10. INTRODUCE AN ORDINANCE TO AMEND TITLE 10 OF THE MUNICIPAL CODE
AND ADOPT A RESOLUTION MODIFYING THE DANA STREET PARKING
DISTRICT
Council Member Pease recused herself as her office is within 500 feet of the proposed district
and turned off her camera and microphone at 9:03 pm.
Public Works Director Matt Horn, Parking Services Manager Gaven Hussey and Parking
Services Supervisor Alex Fuchs provided an in-depth staff report and responded to Council
questions.
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San Luis Obispo City Council Minutes of March 2, 2021 Page 5
Public Comments:
Gil Braga
Tyler
William Watson
---End of Public Comment---
ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY VICE
MAYOR STEWART, CARRIED 3-1-1 (COUNCIL MEMBER MARX VOTING NO AND
COUNCIL MEMBER PEASE RECUSED) to:
1. Introduce Ordinance No. 1694 (2021 Series) entitled “An Ordinance of the City Council
of the City of San Luis Obispo, California, amending Municipal Code Title 10 Chapter 36
regarding stopping, standing and parking for certain purposes or in certain places” to allow
multi-family properties of five to eight units to participate in the Dana Street Parking
District and to adjust replacement permit fee amounts; and
2. Adopt Resolution No. 11229 (2021 Series) entitled “A Resolution of the City Council of
the City of San Luis Obispo, California, modifying the Residential Parking Permit District
for the Dana Street area of the City, establishing days and hours of operation of said
District, and time of renewal for a parking permit” to include multi-family properties of
five to eight units.
Council Member Pease returned to the meeting at 9:29 pm.
11. ACCEPTANCE OF THE TRANSPORTATION DEVELOPMENT ACT (TDA) AND
FEDERAL SINGLE AUDITS FOR FISCAL YEAR 2019-20
Finance Director Brigitte Elke and Accounting Manager Debbie Malicoat provided an in-
depth staff report and responded to Council questions.
Public Comments:
None
---End of Public Comment---
ACTION: MOTION BY COUNCIL MEMBER PEASE, SECOND BY COUNCIL
MEMBER CHRISTIANSON, CARRIED 5-0 to review and accept the TDA and Single
Audits for Fiscal Year 2019-20 including auditor’s finding and management’s responses.
COUNCIL COMMUNICATIONS AND LIAISON REPORTS
None
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San Luis Obispo City Council Minutes of March 2, 2021 Page 6
ADJOURNMENT
The meeting was adjourned at 9:53 p.m. The next Regular City Council Meeting is scheduled for
Tuesday, March 16, 2021 at 5:30 p.m., via teleconference.
__________________________
Teresa Purrington
City Clerk
APPROVED BY COUNCIL: XX/XX/2021
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Department Name: Administration
Cost Center: 1021
For Agenda of: March 16, 2021
Placement: Consent
Estimated Time: N/A
FROM: Greg Hermann, Deputy City Manager
Prepared By: Teresa Purrington, City Clerk
Kevin Christian, Deputy City Clerk
SUBJECT: 2021 APPOINTMENTS TO CITY ADVISORY BODIES
RECOMMENDATION
As recommended by the Council Liaison Subcommittees, make appointments to the City of San
Luis Obispo's (City) advisory bodies as set forth below, grant an exception for appointment to
two concurrent positions on like (technical or special purpose) advisory bodies, allow for a one-
time appointment to three advisory bodies by the same individual, and direct the City Clerk to
continue to recruit for any unfilled vacant positions.
DISCUSSION
The City has a long history of involving its residents in the business of City government.
Holding a position on an advisory committee or commission provides an opportunity for
interested residents to participate in the governing of their community under guidelines and
procedures established by Council. The City recruits annually to fill scheduled vacancies,
making new appointments each March to fill terms that typically commence on April 1st of each
year (exceptions noted in recommendations). Recruitment for unscheduled vacancies is done as
needed but is consolidated with the annual recruitment whenever possible.
This year the City recruited to fill 36 scheduled and unscheduled citizen Advisory Body
positions. The recruitment was conducted between mid-November 2020 and January 17, 2021. A
total of 54 qualified applications were received. Council Liaison Subcommittees reviewed
applications and conducted interviews during the months of January and February 2021. The
following recommendations will fill 34 of these vacancies. Recruitment for the remaining
vacancies continues. Note that these figures include Construction Board of Appeals vacancies
and appointments. Due to a need for this body to meet prior to the full annual recruitment being
completed, appointment recommendations were previously brought to Council at the February
16, 2021 meeting. Additionally, note that one Promotional Coordinating Committee
recommended candidate withdrew from the 2020 annual advisory body recruitment process.
No vacancies currently exist on the Area Agency on Aging, the Citizens’ Revenue Enhancement
Oversight Commission, the Citizen Transportation Committee, the Mass Transportation
Committee, and the Zone 9 Advisory Committee. Therefore, no recruitment was held for these
Advisory Bodies.
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Council Liaison Subcommittee Recommendations
Active Transportation Committee
Russell Mills to a four-year term commencing April 1, 2021, and expiring March 31, 2025; and
Audrey Ogden to a four-year term commencing April 1, 2021, and expiring March 31, 2025.
Administrative Review Board
Joe Benson to a two-year term commencing April 1, 2021, and expiring March 31, 2023.
Architectural Review Commission
Brian Pineda to a four-year term commencing April 1, 2021, and expiring March 31, 2025.
Cultural Heritage Committee
John Ashbaugh to the remainder of a vacant four-year term, commencing immediately, expiring
March 31, 2024; and
*Chuck Crotser to a four-year term commencing April 1, 2021, and expiring March 31, 2025.
This recommendation includes granting an exception for him to serve on three advisory bodies
concurrently.
Continue to recruit for one unfilled vacancy with a term expiration of March 31, 2025.
Housing Authority
Tim Odenthal to a two-year term as Family Tenant Board member, commencing April 1, 2021,
expiring March 31, 2023; and
Patricia Souza to a two-year term as Senior Tenant Board member, commencing April 1, 2021,
expiring March 31, 2023; and
*Chuck Crotser to a four-year term as At-Large member, commencing April 1, 2021 and
expiring March 31, 2025. This recommendation includes granting an exception for him to serve
on two like-type advisory bodies (see discussion below).
(Note that California Health and Safety Code 34272 governs that tenant members serve 2-year
term lengths.)
Human Relations Commission
Taryn Warrecker to a four-year term commencing April 1, 2021, expiring March 31, 2025; and
Jesse Grothaus to the remainder of a four-year term expiring March 31, 2023.
Investment Oversight Committee
Continue to recruit for one unfilled vacancy with a term expiration of March 31, 2022.
Jack House Committee
Dorothy Sundbye to a four-year term commencing April 1, 2021, expiring March 31, 2025; and
Sharon Whitney to a four-year term commencing April 1, 2021, expiring March 31, 2025.
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Parks and Recreation Commission
Robert Spector to a four-year term commencing April 1, 2021, expiring March 31, 2025; and
Kari Howell to the remainder of a vacant four-year term, commencing immediately, expiring
March 31, 2024.
Personnel Board
Calvin Stevens to a four-year term commencing April 1, 2021, expiring March 31, 2025; and
Jill LeMieux to a four-year term commencing April 1, 2021, expiring March 31, 2025.
Planning Commission
Nicholas Quincey to a four-year term commencing April 1, 2021, expiring March 31, 2025; and
Mike Wulkan to a four-year term commencing April 1, 2021, expiring March 31, 2025.
Promotional Coordinating Committee
Robin Wolf to a four-year term commencing April 1, 2021, expiring March 31, 2025; and
Maureen Forsberg to the remainder of a four-year term, commencing April 1, 2021, expiring
March 31, 2022.
Tree Committee
Alan Bate to a four-year term commencing April 1, 2021, expiring March 31, 2025; and
*Emily Rosten to a four-year term commencing April 1, 2021, expiring March 31, 2025; and
Jake Minnick to a four-year term commencing April 1, 2021, expiring March 31, 2025; and
Daniel Canella to a four-year term commencing April 1, 2021, expiring March 31, 2025.
Tourism Business Improvement District Board
Stephanie Bolles to the remainder of a vacant four-year term, commencing immediately, expiring
March 31, 2023; and
David Smith to a four-year term commencing April 1, 2021, expiring March 31, 2025; and
Matthew Wilkins to a four-year term commencing April 1, 2021, expiring March 31, 2025; and
LeBren Harris to a four-year term commencing April 1, 2021, expiring March 31, 2025.
ZONE 9
Brian Nelson, Interim City Engineer, to serve as the staff representative, assuming the remainder
of a four-year term expiring December 31, 2022; and
Manny Guzman, Interim Supervising Civil Engineer, to serve as the alternate staff
representative, assuming the remainder of a four-year term expiring December 31, 2022
Applications of those who were unsuccessful in this process will be kept on file for the next full
year and will be notified of any subsequent vacancies. However, advertisement of any
unscheduled vacancy will be made in accordance with statutory requirements and all applicants
will be considered for the vacancy.
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*There are two individuals currently recommended to positions on more than one body. The
Council Policies and Procedures Manual addresses service in section 6.7.2.5, “As a general
policy, an applicant shall not be appointed to serve on more than one advisory body, except that
a member may also serve on one technical or special-purpose committee at the same time he or
she is serving on a non-technical or non-special-purpose committee.” The Advisory Body
Handbook provides guidance on definitions of advisory body type, section 1.B. The intent of
differentiating the two types, “technical or special-purpose” (T/SP) and “advisory” (A) is to
ensure that an individual sitting on one body doesn’t then approve projects or hear appeals of
other bodies that they also represent, creating a potential conflict. The below table and discussion
details the current service and recommended appointments for the two individuals:
Rosten – No conflict exists between the two body types. Therefore, no exception is needed to
appoint Emily Rosten to the Tree Committee while also being on the Human Relations
Commission.
Crotser - is currently the Chair for the Jack House Committee and fills the Jack House deed
designated position for the Cal Poly School of Architecture and Environmental Design f aculty.
An exception for this current service on the Jack House Committee and the Housing Authority
Board (same advisory body type - T/SP) was granted by Council when he was initially appointed
to the Housing Authority Board, as the potential for conflict was determined not to exist between
these two bodies. It is recommended that Council continue to grant this exception for re-
appointment to the Housing Authority Board for the same reason as previous. Further, he has
been recommended to a seat on the Cultural Heritage Committee. Service on Cultural Heritage
Committee does not conflict with either of the other two bodies as they are of different types.
Therefore, no exception is necessary. Note that approval of the above recommendations will
result in his service on three advisory bodies.
All Council sub-committee members were made aware of the described circumstances, the
guidelines offered in the Advisory Body Handbook and Council Policies and Procedures Manual
and considered them in making their recommendations. Further, the meeting work-load
requirements have been discussed with the applicant.
Advisory Body Type Crotser Rosten
Cultural Heritage Committee A Recommended
Jack House T/SP Current Chair – C.P. ARC rep
Housing Authority Board T/SP Current member, recommended
for re-appointment
Human Relations Commission A Current Member
Tree Committee T/SP Recommended
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Policy Context
The Advisory Body Handbook, last adopted by City Council in February 2018, outlines the
recruitment procedures, membership requirements, and term limits. Also contained in the
Advisory Body Handbook are the bylaws for all advisory bodies, some of which include
additional membership requirements. Additionally, the City Council Policies and Procedures
Manual, last adopted in August 2019, describes the “Appointment Procedure” and “Process” for
Advisory Body appointments. Recruitment and appointment recommendations were performed
in conformance with all recruitment procedures, processes, and bylaws found in these resources.
California Government Code Section 54972, Local Appointments List (Maddy Act) requires that
on or before December 31st of each year, each legislative body shall prepare an appointments list
for their boards, commissions, and committees whose members serve at the pleasure of the
legislative body. This obligation was met and is on-going.
California Health and Safety Code 34272 (Housing Authorities) governs term duration and
appointment for the San Luis Obispo Housing Authority Board.
Public Engagement
Notices that the City was accepting applications for the above listed Advisory Bodies were
placed in The New Times, on the City’s website and “e-notification” service, listed in the annual
Local Appointments List (Maddy Act Notice – GC 54972) on the City Website and City
Information kiosk, and distributed via City social media outlets.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to the recommended action in this
report, because the action does not constitute a “Project” under CEQA Guidelines Sec. 15 378.
FISCAL IMPACT
Budgeted: Yes Budget Year: 2020-21
Funding Identified: N/A
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current Funding
Request
Remaining
Balance
Annual
Ongoing Cost
General Fund N/A
State
Federal
Fees
Other:
Total
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There is no fiscal impact for the appointment of the above Advisory Body members.
Compensation for Architectural Review Commission (ARC) and Planning Commission (PC) is
included in the adopted budget for the Community Development Department.
ALTERNATIVES
1. Council could recommend changes to the recommended appointments or direct staff to re-
open recruitment for additional candidates.
2. Concerning exceptions for Croster;
• Council could deny continuance of the exception allowing him to serve on two
committees of the same type, the Jack House Committee and the Housing Authority
Board, concurrently, but grant that he serve on two boards of different types as the
Council Policies and Procedures Manual allows. This is not recommended as he fills a
technical position on the Jack House that has proven difficult to recruit for and he is a key
contributing member on the Housing Authority Board.
• Council could deny the exception to serve on three advisory bodies concurrently. This is
not recommended as the Council Liaison Subcommittees feel they have been quite
thorough in their consideration of applicants, the special circumstances involved, and the
Council’s needs in their selection process.
AVAILABLE FOR REVIEW IN THE COUNCIL OFFICE
All applications are available for public review, by request, in the Office of the City Clerk, which
can be reached at (805) 781-7100 or cityclerk@slocity.org during normal business hours.
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Department Name: Finance
Cost Center: 2001
For Agenda of: March 16, 2021
Placement: Consent
Estimated Time: N/A
FROM: Brigitte Elke, Finance Director
Prepared By: Esteban Cano, Financial Analyst – Infrastructure Financing
SUBJECT: ANNUAL REPORT FOR THE AVILA RANCH MITIGATION
MONITORING AND REPORTING PROGRAM, DEVELOPMENT
AGREEMENT AND COMMUNITY FACILITIES DISTRICT
RECOMMENDATION
Receive and file the annual report for the Avila Ranch Mitigation Monitoring and Reporting
Program, Development Agreement and Community Facilities District.
DISCUSSION
Background
On September 19, 2017, the City Council approved the Development Plan, Vesting Tentative
Tract (VTTM) 3089, and Development Agreement (DA) between the City and Avila Ranch,
LLC. On October 24, 2017, the City Council approved the Avila Ranch Community Facilities
District (CFD) Resolution of Formation. Both the DA and Mitigation Monitoring and Reporting
Program (MMRP) require annual monitoring and reporting of activities per Articles 10 & 11 of
the DA in addition to the annual CFD report. The following development-related activities have
occurred pursuant to the approvals described above:
A. Phase 1 Final Map (R-2 zone). A final map was approved on December 4, 2018 for
Phase 1 of development, covering a 26-acre area, and would accommodate up to 179
dwelling units in the R-2 zone. Before development could occur a future development
application for Architectural Review and Planning Commission approval would be
required.
B. Lot Line Adjustment. A lot-line adjustment was proposed in April 2020 to facilitate
future development in the Avila Ranch area, to be coterminous with future project phases
as depicted in the approved Development Plan. The Lot Line Adjustment was
subsequently approved by the City Council.
C. Phase 1-3 ARC Review (R-2 zone). An application for ARC review of Phases 1 through
3 of development was submitted in December 2020. This area would include up to 297
dwelling units in the R-2 zone. This application is still undergoing staff review and has
not yet been scheduled for ARC consideration.
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D. Public Improvements. Public Improvement Plans (PIPs) were submitted in 2018 and
were approved on September 10, 2019 for some on-site and off-site improvements
associated with VTTM 3089. This includes mass grading and installation of some
supporting infrastructure associated with future development in the area. Off-site PIPs
approved do date include:
• Higuera/South Street Northbound Right Turn Pocket Extension (construction
completed in late 2020)
• Higuera/Suburban Road Striping Modifications (construction completed in 2020)
• Vachell Lane Sidewalks and Bike Lanes
• South Higuera Sidewalk and Phase 1 Improvements to South Higuera/Vachell
Intersection
• South Higuera/Tank Farm Road Widening for Second Southbound Left-turn Lane
and Intersection Bicycle Facility Improvements
• South Higuera/Vachell Phase 2 Improvements
Mitigation Monitoring and Reporting Program
Attachment A is the updated MMRP, showing the current status of compliance with all
mitigation measures. In summary, the project is in compliance with all applicable mitigation
measures required to date. In some instances, compliance is ongoing (e.g., with respect to
biological and cultural resource issues). In other cases, compliance cannot yet be
determined because the project has not progressed sufficiently to trigger the required
mitigation (e.g., items that relate to the design of commercial buildings). Attachment B is a
summarized version of the MMRP for easy reference, with all mitigation measures put in
sequential order of when compliance is required.
Development Agreement
Implementation of the Avila Ranch project requires substantial new infrastructure to support new
development, most of which is the responsibility of the developer. The approved DA for the
project describes the developer's responsibilities in that regard. Section 5.05.4 of the DA
also requires that a financing mechanism be established to ensure that there is no shortfall to the
City's General Fund as public improvements are made and need to be maintained by the
City in the future. Section 5.05.4(c) of the DA establishes that the effect on the City's
General Fund be monitored annually relative to possible City expenditures needed to make up
any shortfalls in the construction of various public improvements that are the responsibility of
the developer. Section 5.04.2(i) of the DA establishes that Avila Ranch will pay the City
reasonable staff and consultant time associated with monitoring and compliance of the
Mitigation Monitoring and Reporting Program, the DA, the financing mechanism (i.e., the CFD)
and all other administrative tasks associated with the adoption and implementation of the DA
and project. This provision provides the City with an ongoing funding source that will be used
to ensure the project is developed, operated and maintained consistent with all applicable
requirements.
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Attachment C summarizes the project’s current compliance status with respect to relevant
provisions of the DA. As of February 2021, the developer is in compliance with all applicable
requirements of the DA with respect to project milestones. As is the case with the MMRP,
compliance with many provisions that are keyed to later project activities or phases cannot be
determined at this time.
Community Facilities District
A Mello-Roos CFD was established and approved on October 24, 2017 ("Avila Ranch
Community Facilities District No. 2017-1"). The CFD is the mechanism that facilitates the
collection of revenue as development occurs, and that revenue is used to reimburse the City for
providing public services within the district, such as, public safety, parks and street maintenance,
lighting, among others. Section 10(ii) of the CFD resolution also has an annual reporting
requirement, similar to the one included in the DA. The City anticipates that the first levy will be
made to the CFD in fiscal year 2021-22 with occupancy of the first dwelling unit in the project.
Annual Revenues and Expenditures
Since the approval of the CFD in October 2017, no revenue has been collected through the
CFD because no development has occurred. Although some public improvements are in
progress, no public funds have been expended in that regard. Therefore, there has been no fiscal
impact on the City's General Fund for the period in question.
Policy Context
The Avila Ranch property was originally annexed as vacant commercial land. Therefore, the
City's tax sharing agreement with the County does not provide for property tax increment
to be collected on behalf of the City. As a result of this circumstance, the CFD is established to
provide the City with sufficient revenues to maintain public facilities within the development
area. As a housing project, the past approvals have been previously determined to be
consistent with Major City Goals and General Plan policies that call for the City to produce
more housing.
Public Engagement
The annual monitoring of the Avila Ranch Development Agreement and CFD have a "notify"
level of public engagement, which has been accomplished through the agenda and associated
staff report.
CONCURRENCE
The Finance Department concurs that there has been no revenue collected through the CFD and
that no funds have been expended.
ENVIRONMENTAL REVIEW
Annual monitoring of the Avila Ranch DA and CFD are categorically exempt from California
Environmental Quality Act (CEQA) according to CEQA Guidelines Section 15306
(Information Collection) and that the action otherwise qualifies for a "general rule" exemption
according to Section 15061(b)(3), which covers activities "where it can be seen with certainty
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that there is no possibility that the activity in question may have a significant effect on the
environment." Annual monitoring does not change any aspect of the approved Avila Ranch
project, nor does it introduce the potential for any new environmental impacts. Under Section
15306, the Secretary for the California Natural Resources Agency has concluded that "basic
data collection, research and resource evaluation activities which do not result in a serious or
major disturbance to an environmental resource" are exempt from CEQA. Therefore, the
proposed action is categorically exempt from further analysis under CEQA.
FISCAL IMPACT
Budgeted: N/A Budget Year: 2020-21
Funding Identified: N/A
Fiscal Analysis:
Funding Sources Current FY Cost
Annualized
On-going Cost
Total Project
Cost
General Fund
State
Federal
Fees
Other:
Total N/A N/A N/A
No revenue has been collected through the CFD because no development has occurred.
Although some offsite public improvements have been completed as described above, no funds
have yet been expended related to their operation and maintenance. Therefore, there is no fiscal
impact associated with this annual report.
ALTERNATIVES
1. Provide direction to staff regarding the annual monitoring report for the Avila Ranch MMRP,
DA and CFD and continue the item to a future meeting.
2. Reject the annual monitoring report for the Avila Ranch MMRP, DA and CFD. This is not
recommended since annual monitoring is a requirement of the MMRP, DA and CFD.
Attachments:
a - COUNCIL READING FILE - Mitigation Monitoring & Reporting Program
b - Avila Ranch MMRP Compliance - Feb 2021
c - Avila Ranch DA Compliance - Feb 2021
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Avila Ranch
Compliance with Development Agreement, Map Conditions, and Mitigation Measures
February 2021
Mitigation Measures
Item MM ID Summary Description Timing Compliance Status
1 AG-2a Install fencing and signs along Buckley to minimize trespass prior to Final Map approval plans to indicate compliance; installation to be verified in the field
2 AG-2b Landscape plans to include trees and shrubs to minimize dust prior to Final Map approval plans to indicate compliance; installation to be verified in the field
3 AG-2c Add 20-foot hedgerow of trees along east side of Vachell prior to Final Map approval plans to indicate compliance; installation to be verified in the field
4 BIO-2b Prepare Biological Mitigation Plan - habitat restoration prior to Final Map approval BMMP completed Jan 2019; need to field verify action
5 BIO-2c Prepare Biological Mitigation Plan - wetland and riparian mitigation prior to Final Map approval BMMP completed Jan 2019; need to field verify action
6 BIO-2d Preserve southern 275 feet of N-S creek to protect riparian woodland prior to Final Map approval BMMP completed Jan 2019; need to field verify action
7 BIO-2e Stockpile emergent vegetation (cattails) to plant later in realigned creek prior to Final Map approval BMMP completed Jan 2019; need to field verify action
8 BIO-2j Tank Farm Creek Class I bike bridge to be placed outside mapped riparian Bio Mitigation Plan prior to Final Map approval BMMP completed Jan 2019; need to field verify action
9 BIO-3b Implement special status species protection measures Bio Mitigation Plan prior to Final Map approval BMMP completed Jan 2019; need to field verify action
10 BIO-4 Conduct bat surveys in building proposed for demolition Bio Mitigation Plan prior to Final Map approval Plan Completed; field monirting as needed
11 BIO-5a Shield all lights facing Tank Farm Creek Bio Mitigation Plan prior to Final Map approval BMMP completed Jan 2019; need to field verify action
12 BIO-5b Tank Farm Creek restoration to include native trees to minimize light spillover Bio Mitigation Plan prior to Final Map approval BMMP completed Jan 2019; need to field verify action
13 BIO-6 All work within 100 feet of Tank Farm Creek to occur April 15-October 15 Bio Mitigation Plan prior to Final Map approval BMMP completed Jan 2019; need to field verify action
14 HYD-2a Submit Master Drainage Plan Drainage Plan prior to Final Map approval City to verify status of Master Drainage Plan
15 HYD-3a Submit Cumulative Master Drainage Plan Drainage Plan prior to Final Map approval City to verify status of Master Drainage Plan
16 HYD-3b Design bridges, culverts and drainge per City specs Drainage Plan prior to Final Map approval City to verify status of Utilities Plan
17 HYD-4a Geotech study needed for HDD areas - part of Utilities Plan Utilities Plan prior to Final Map approval City to verify status of Utilities Plan
18 HYD-4b Frac-Out Contingency Plan needed for HDD areas - part of Utilities Plan Frac-Out Plan prior to Final Map approval City to verify status of Utilities Plan
19 UT-2 Utility infrastructure subject to city approval. Applicant to construct.Utilities Plan prior to Final Map approval City to verify status of Utilities Plan
20 AQ-1a Prepare Construction Activity Management Plan (CAMP)prior to recordation of Phase 1 Final Map Completed Feb 2019; field verify as needed
21 AQ-2a Implement APCD conservation requirements prior to recordation of Phase 1 Final Map Shown on plans; need to field verify
22 AQ-2b Implement APCD AQ Handbook strategies prior to recordation of Phase 1 Final Map Shown on plans; need to field verify
23 BIO-1a Prepare Biological Mitigation Plan - implement BMPs prior to recordation of Phase 1 Final Map BMMP completed Jan 2019; need to field verify BMPs
24 PS-1 Prepare and implement Security Plan with SLOPD prior or after recordation of Phase 1 Final Map City to verify status of Security Plan
25 PS-2 Fair Share Contribution to Fire Protection Service as part of CFD prior to recordation of Phase 1 Final Map Need to verify compliance with City
26 TRANS-3b Install traffic calming measures required by Policy 8.1.3 see Map Condition 118 (Phase 1 map recordation)Compliance to be verified by Public Works
27 TRANS-5 Pro Rata share for Buckley/227 roundabout see Map Condition 116 (Phase 1 map recordation)Compliance to be verified by Public Works
28 TRANS-8a Pay LOVR subarea fee see Map Condition 126, DA 5.04.2.b (Phase 1 map rec)Compliance to be verified by Public Works
29 TRANS-8b Re-time signal at LOVR/Higuera see Map Condition 100 (Phase 1 map recordation)Compliance to be verified by Public Works
30 TRANS-14 Pay citywide TIF for Class I bike path from Buckley/Higuera to LOVR/SB101 see Map Condition 116.c (Phase 1 map recordation)Compliance to be verified by Public Works
31 TRANS-15b Pay fair share to improve Tank Farm/Horizon see Map Condition 116.f (Phase 1 map recordation)Compliance to be verified by Public Works
32 TRANS-15c Pay fair share to improve Tank Farm/Horizon see Map Condition 116.f (Phase 1 map recordation)Compliance to be verified by Public Works
33 TRANS-15d Pay fair share to improve Buckley/Vachell see Map Condition 116.g (Phase 1 map recordation)Compliance to be verified by Public Works
34 TRANS-2a Prepare Transportation Improvement Phasing Plan prior to recordation of Final Map Compliance to be verified by Public Works
35 TRANS-3a City to review roadways and driveways for compliance with City standards prior to recordation of Final Map Compliance to be verified by Public Works
36 AG-1 Agricultural Conservation Easement prior to approval of grading permits for Phase 1 and 2 To be verified by City
37 AQ-1c Develop offsite mitigation strategy 3 months before grading permits prior to approval of grading permits for Phase 1 at least 3 months prior to grading permits, coordinate with APCD
38 BIO-1b Hire biological monitor to oversee construction activities prior to approval of grading permits for Phase 1 Monitor approved; field monitoring as needed
39 BIO-2h Tank Farm Creek project activities to be performed when creek is dry prior to approval of grading permits for Phase 1 Indicated on maps; need to field verify action
40 CR-3a Retain archaeologist and Native American monitor prior to Phase 1 grading prior to approval of grading permits for Phase 1 City to approve monitor
41 CR-3b Educational materials prior to grading and construction prior to approval of grading permits for Phase 1 TBD
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42 GEO-3 Prepare geotech study prior to site development prior to approval of grading permits for Phase 1 City Engineering to verify if Jan 2019 Geotech Plan review is sufficient
43 GEO-4 Geotech investigation to examine soil settlement prior to approval of grading permits for Phase 1 City Engineering to verify if Jan 2019 Geotech Plan review is sufficient
44 GEO-5 Geotech investigation to examine soil expansion prior to approval of grading permits for Phase 1 City Engineering to verify if Jan 2019 Geotech Plan review is sufficient
45 GEO-6 Geotech investigation to examine subsidence prior to approval of grading permits for Phase 1 City Engineering to verify if Jan 2019 Geotech Plan review is sufficient
46 HAZ-1 Prepare Health and Safety Plan prior to approval of grading permits for Phase 1 TBD
47 HYD-1a Submit NOI for discharge to SWRCB stormwater unit prior to approval of grading permits for Phase 1 TBD
48 HYD-1b Submit SWPPP 45 days prior to start of work prior to approval of grading permits for Phase 1 Completed Jan 2018
49 HYD-1c Install 8 drainage outlets in Tank Farm Creek during dry season (May-Oct)show on approved approved grading permits Field verification required
50 NO-1a Limit grading/construction timing to daylight hours and not on Sunday show on approved approved grading permits Field verification required
51 NO-1b Implement Noise attenuation techniques - BMPs show on approved approved grading permits Field verification required
52 TRANS-1 Prepare Construction Transportation Management Plan prior to grading permits for each phase TBD
53 AQ-1b Use low or no emission paints prior to Phase 1 building permits Field verification required
54 GEO-1 Building and infrastructure design to meet CBC prior to Phase 1 building permits Field verification required
55 GEO-7 Limit GW pumping during drought in conjunction with subsidence findings prior to Phase 1 building permits Field verification required
56 NO-3a Include noise mitigation in residential design prior to Phase 1 and 5 building permits Field verification required
57 TRANS-4 Prepare improvement plan for Horizon, Earthwood, and Suburban see Map Conditions 101, 103, 110 (Phase 1 BP and occ)Earthwood by Phase 1 occupancy; CMF timing agrees
58 TRANS-6 NB RT lane at South/Higuera intersection see Map Condition 112 (Phase 1 building permits)Completed 2020
59 TRANS-7a Higuera/Prado improvements; Prado Road widening see Map Conditions 113, 116.d (Phase 1 building permits)Compliance to be verified by Public Works
60 TRANS-7b Tank Farm/Higuera second SB LT lane see Map Condition 114 (Phase 1 BP and occupancy)Compliance to be verified by Public Works
61 TRANS-10a Add ADA sidewalks on east side of Higuera from City limit to LOVR see Map Condition 111 (Phase 1 BP and occupancy)Compliance to be verified by Public Works
62 TRANS-10b Add ADA sidewalks on east side of Higuera from Vachell to LOVR see Map Condition 111 (Phase 1 BP and occupancy)Compliance to be verified by Public Works
63 TRANS-10c Add ADA sidewalks on south side of Suburban from Higuera to Earthwood see Map Condition 111 (Phase 1 BP and occupancy)Compliance to be verified by Public Works
64 TRANS-13 Pay citywide TIF for second SB RT lane at LOVR/Higuera see Map Condition 116.b (Phase 1 building permits)Compliance to be verified by Public Works
65 TRANS-15a Pay fair share to improve Prado/Higuera see Map Condition 116.d (Phase 1 building permits)Compliance to be verified by Public Works
66 HYD-5 Prepare Development Maintenance Manual prior to occupancy of any phase TBD
67 TRANS-12 Bus stop provisions see Map Condition 117 (by occupancy of 50th Ph 1 unit)Compiance to be verified by Public Works
68 TRANS-11 Construct 2 bike bridges on Buckley over Tank Farm Creek see Map Conditions 100 and 109 (with Buckley extension)Buckley ext must start by Ph 2 building permits; done by occupancy
69 CR-2a Data Recovery measures for CA-SLO-2798/H prior to approval of grading permits for Phase 5 Field verification required; coordinate with monitor
70 CR-2b Retain monitor following grading of CA-SLO-2798/H prior to approval of grading permits for Phase 5 City to approve monitor
71 GEO-2 Retail stores--goods stacked no higher than 8 feet prior to Phase 6 building permits Field verification required
72 BIO-2g Prepare post-construction landscape and restortion report for each phase Within 60 days of installing plants Field verification required; coordinate with monitor
73 BIO-2i Hydroseed bare soils when grading is completed for each phase No later than November 15 of any construction year Field verification required; coordinate with monitor
74 BIO-3a City-approved biologist to conduct onsite training to construction workers during construction within 50 feet of creek Field verification required; coordinate with monitor
75 BIO-3c Survey for CRLF in Tank Farm Creek 48 hours prior to construction 48 hours prior to construction Field verification required; coordinate with monitor
76 BIO-3d Survey for pond turtle in Tank Farm Creek 48 hours prior to construction 48 hours prior to construction Field verification required; coordinate with monitor
77 NO-1c Contractor to inform resiednts within 300 feet of noise 10 days prior to earth movement or construction Field verification required
78 NO-3b Buckley Road rubberized asphalt prior to construction of Buckley Road Compliance to be verified by Public Works
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Avila Ranch
Compliance with Development Agreement, Map Conditions, and Mitigation Measures
February 2021
Development Agreement
Item DA ID Summary Description Responsibility Timing and Compliance Status
1 1.03.a.1 Agreement terminates on 20th anniversary of effective date (9-19-37)All Parties ongoing
2 1.03.a.2 Agreement terminates on 7th anniv of effective date if Ph 1-2 backbone infrastructure not in place All Parties ongoing
3 1.03.a.3 Agreement terminates once development and conditions are satisfied All Parties ongoing
4 1.04 Agreement must be executed 5 days after Ordinance adoption; to County Recorder within 10 days All Parties ongoing
5 5.03 Form Community Facilities District (CFD) or other financing mechanisms City ongoing; done
6 5.04.2.f Payment of fees: processing of subsequent permits and planning applications Developer as applications are made
7 5.04.2.g Reimbursement for developer improvements beyond fair share cost City according to law
8 5.04.2.i Payment of fees: staff and consulting time to process permit applications and MMRP Developer as applications are made
9 5.04.2.j Payment of fees: CDFW fees Developer before finaling NOD on any CEQA document
10 5.05.4.c City to annually monitor whether there is a General Fund shortfall from fees collected City annually
11 6.02.2 City may require oversizing of backbone infrastucture, under certain conditions City as needed
12 6.04.1 Applicant to make all reasonable efforts to purchase off-site improvement properties Developer as needed
13 7.02.1.b Developer to complete first two phases and infrastructure within 7 years of effective date Developer ongoing
14 7.02.1.c Developer to conform with phasing shown in Table Developer ongoing
15 7.03 Developer to dedicate 18.25 acres of parkland to satisfaction of PRC Developer coordinate with PRC
16 7.04 Developer to dedicate at least 50 acres of ag/open space onsite and preserve 50 acres offsite Developer applicant coordinating with City staff
17 7.05 Provide affordable and workforce housing per Exhibit G Developer applicant coordinating with City staff
18 7.07 Developer to provide accelerated compliance with energy standards Developer applicant coordinating with City staff
19 7.08.a Developer to provide accelerated compliance with Climate Action Plan Developer applicant coordinating with City staff
20 7.08.c Install water infrastructure for offsite annexations near Broad and Buckley per Exhibit H Developer applicant coordinating with City staff
21 7.08.d Developer to dedicate 20x40 land for future water well site to City on Lots 594, 406, or 398 Developer applicant coordinating with City staff
22 7.11 Construct all needed traffic improvements shown on Exhibit C; plus fair share portions of others Developer applicant coordinating with City staff
23 7.12 construct and/or fund bike improvements per Exhibit J Developer applicant coordinating with City staff
24 7.13.6 Developer to provide all cable for internet connections Developer as utilities are constructed
25 10.01 Annual evaluation of the MMRP and DA to ensure compliance City ongoing; annually
26 11.01 Annual evaluation of the MMRP to ensure compliance City ongoing; annually
27 11.02 Annual evaluation of the DA to ensure compliance City ongoing; annually
28 11.02.02 CDD to issue "Finding of Development Agreement Compliance" based on review City ongoing; annually
29 12.01 Any DA provision out of compliance must be cured within 60 days both parties ongoing
30 7.09 Build all necessary storm drain facilities Developer prior to subdivision map approval*
31 5.04.2.b Payment of fees: Citywide, AASP, LOVR Interchange, development fees (except sewer/water)Developer prior to each Final Map recordation
32 5.04.2.c Payment of fees: Sewer and Water; plus adjustment for CPI until issuance of building permits Developer prior to each Final Map recordation
33 7.13.1 Include airport hazard related language in CC&Rs Developer with CC&Rs for each subdivision
34 7.10 Build interim fire station on Lot 302 at buildout of 361st unit Develoepr prior to construction of 361st unit
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Department Name: Finance
Cost Center: 2001
For Agenda of: March 16, 2021
Placement: Consent
Estimated Time: N/A
FROM: Brigitte Elke, Finance Director
Prepared By: Esteban Cano, Financial Analyst – Infrastructure Financing
SUBJECT: ANNUAL MONITORING REPORT FOR THE SAN LUIS RANCH
MITIGATION MONITORING AND REPORTING PROGRAM AND
DEVELOPMENT AGREEMENT
RECOMMENDATION
Receive and file the annual monitoring report for the San Luis Ranch Mitigation Monitoring
and Reporting Program and Development Agreement.
DISCUSSION
Background
On July 18, 2017, the City Council approved the San Luis Ranch project, including the San Luis
Ranch Specific Plan (SLRSP) and Vesting Tentative Tract Map (VTTM) 3096, and certified the
Final EIR and Mitigation Monitoring and Reporting Program (MMRP). On July 17, 2018, the
City Council approved the Development Agreement (DA) between the City and MI San Luis
Ranch, LLC. In addition, the MMRP was amended at that time to address minor changes to the
phasing of certain required transportation improvements. Both the DA and MMRP require
annual monitoring and reporting of activities per Articles 10 & 11 of the DA. Several
development applications have come forward since the approval of the various documents
described above. In addition, several public improvements anticipated in the DA are now in
progress. The following summarizes the status of each, as well as related public improvements:
A. NG-10 (Single Family Residential). Grading plans have been approved for this 21.5-acre
portion of the SLRSP site, and grading activity has occurred. Key roadway
infrastructure, including the extension of Froom Ranch Way, has begun. This 198-unit
project was initiated with the approval of VTTM 3096, and an application for building
permits is under review by City staff and pending approval.
B. NG-23 (Medium Density Residential). This 83-unit project on a 7.3-acre site was
initiated with the approval of VTTM 3096, and an application for building permits is
under review by City staff and pending approval.
NG-30 (Multi-Family Residential). The Planning Commission approved the development
of up to 296 units within the NG-30 zone in February 2020, and recommended approval
of VTTM 3150 to the City Council, which approved the VTTM on April 7, 2020. The
Final Map was approved on October 6, 2020. VTTM 3150 is a 10.6-acre portion of the
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previously approved VTTM 3096. This project included a substantial affordable housing
component. However, the Planning Commission also approved the affordable component
of this project to be transferred to the commercially zoned area within the SLRSP (NC
zone) if a suitable project in that area were proposed and approved. The historic ranch
structures within that area have been evaluated, and the appropriate ones have been
moved to the AG portion of the SLRSP. No building permits have been issued yet.
C. NC (Hotel Project). The Planning Commission approved a 200-room dual brand hotel on
a 3.41-acre site within the NC zone on July 22, 2020. The project was referred to the
Airport Land Use Commission (ALUC) to consider whether it complied with all
conditions related to a previous ALUC conformance finding with the Airport Land Use
Plan. On September 2, 2020, the ALUC modified one of its previous conditions to ensure
compliance. No building permits have been issued yet.
D. NC (Commercial Mixed-Use Project). On November 17, 2020, the City Council
approved a Specific Plan Amendment and VTTM 3142, which would accommodate up to
114,300 SF of commercial and 77 affordable housing units on 11 lots within the
subdivision. A Development Plan application is still required before building permit
applications can be submitted for the affordable housing and commercial development
projects.
E. Public Improvements. Public Improvement Plans (PIPs) have been approved for onsite
improvements associated with VTTM 3096, and improvements are underway, including
the extension of backbone roadways and utilities throughout the site. Much of the
extension of Dalidio Drive into the site is complete, and the extension of Froom Ranch
Way through the site will likely be completed by Spring 2021. PIPs have also been
approved for offsite improvements associated with Froom Ranch Way west of the site to
the intersection with Los Osos Valley Road. Key public improvements now in progr ess
include:
• Froom/Dalidio/Prado Roundabout
• Madonna Shared-Use Path (Oceanaire to Dalidio)
• Intersection Improvements, including Bicycle Protected Intersection features at
Madonna/Dalidio
• Pedestrian Hybrid Beacon Crossing at Madonna & SL Ranch Multifamily
Driveway
• Froom Ranch Way Creek Bridge and Road Extension from Target to Dalidio
Mitigation Monitoring and Reporting Program
Attachment A is the updated MMRP, showing the current status of compliance with all
mitigation measures. In summary, the project complies with all applicable mitigation
measures required to date. In some instances, compliance is ongoing (e.g., with respect to
biological and cultural resource issues). In other cases, compliance cannot yet be
determined because the project has not progressed sufficiently to trigger the required
mitigation (e.g., items that relate to the design of commercial buildings). Attachment B is a
summarized version of the MMRP for easy reference, with all mitigation measures put in
sequential order of when compliance is required.
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Development Agreement
The San Luis Ranch project requires substantial new public infrastructure to support the
development, much of which is the responsibility of the developer. The approved DA for that
project describes the developer’ s responsibilities in that regard. Attachment C summarizes the
project’s current compliance status with respect to relevant provisions of the DA. As of February
2021, the developer is in compliance with all applicable requirements of the DA with respect to
project milestones. As is the case with the MMRP, compliance with many provisions that are
keyed to later project activities or phases cannot be determined at this time.
Community Facilities District
Section 5.04 of the DA also requires that a financing mechanism be established to ensure that
there is no shortfall to the City’s General Fund as public improvements are made. Part of the
intent of the annual review of the DA is to ensure that there is no negative impact to the City’s
General Fund, and to identify and remedy any shortfalls in the construction of various public
improvements that are the responsibility of the developer.
Pursuant to Section 5.02 of the Development Agreement, a Mello-Roos Community Facilities
District (CFD) was established and approved by the City Council in February 2019 and formally
adopted on April 16, 2019 (Ordinance No. 1661). The CFD is the mechanism that facilitates the
collection of revenue as development occurs, and that revenue is used to construct various public
improvements. The CFD is based on the Financing Plan included in the DA. No revenue has
been collected since its inception, because no development has occurred.
The San Luis Ranch CFD is an infrastructure CFD, which means that the bond proceeds will
primarily be used as a source of funding for the construction of public improvements, such as the
Prado Road/Highway 101 Interchange. They will either directly fund or reimburse developer
expenses of regional improvements. Based upon current cost analysis, the allocation of CFD
special tax funding at full development of the San Luis Ranch Project area would include up to
$25 million towards infrastructure funding. The City anticipates that the first levy will be made
to the CFD in fiscal year 2021-22 with occupancy of the first dwelling unit in the project and it
will cover the bond issuance annual debt payments.
Since all the decisions in regards to the formation of the CFD were taken in 2019, some things
with the developments within the district have changed and, therefore, the developers have
requested that the Rate and Method of Apportionment (RMA), which specifies the special tax to
be levied, be amended to provide for an undeveloped tax on all of the planned multifamily
housing within the CFD that was intended for rent and now are for sale, in part due to the
transfer of the affordable housing unit to the commercial site of the development. The updated
RMA is part of the March 16, 2021 Council Meeting Agenda.
Annual Revenues and Expenditures
For the period April 16, 2019 (the adoption date of the CFD ordinance) through February 23,
2021, no revenue was collected through the CFD because no development has occurred, and no
bonds have been issued. Although several public improvements are now in progress as described
above, no public funds have been expended by the City toward these improvements. Therefore,
there has been no fiscal impact to the City’s General Fund for the period in question.
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Policy Context
San Luis Ranch is a housing project with major infrastructure requirements. For example, the
Prado Road interchange is a significant project that benefits the project, the City as a whole and
the entire region-roughly in one-third shares. In addition, the project provides housing as
determined to be consistent with the City's General Plan and the City's Major City Goal for
housing production.
Public Engagement
The annual monitoring report requires a "notify" level of public engagement that was
accomplished through the publication of the Council agenda and associated report.
CONCURRENCE
The Finance Department concurs that there has been no revenue collected through the CFD and
that no funds have been expended. The Engineering Division and Office of Sustainability have
reviewed the MMRP and DA and provided compliance status, which is incorporated into the
monitoring reports.
ENVIRONMENTAL REVIEW
Annual monitoring of the San Luis Ranch MMRP and DA (including the related CFD) are
categorically exempt from California Environmental Quality Act (CEQA) pursuant to CEQA
Guidelines Section 15306 (Information Collection) and that the action otherwise qualifies for a
"general rule" exemption pursuant to Section 15061(b)(3), which covers activities "where it can
be seen with certainty that there is no possibility that the activity in question may have a
significant effect on the environment." Annual monitoring does not change any aspect of the
approved San Luis Ranch project, nor does it introduce the potential for any new environmental
impacts. Under Section 15306, the Secretary for the California Natural Resources Agency has
concluded that "basic data collection, research and resource evaluation activities which do not
result in a serious or major disturbance to an environmental resource" are exempt from CEQA.
Therefore, the proposed action is categorically exempt from further analysis under CEQA.
FISCAL IMPACTS
Budgeted: N/A Budget Year: 2020-21
Funding Identified: N/A
Fiscal Analysis:
Funding Sources Current FY Cost
Annualized
On-going Cost
Total Project
Cost
General Fund N/A
State
Federal
Fees
Other:
Total N/A N/A N/A
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No revenue has been collected through the CFD because no development has occurred. While
some public improvements are under construction, no funds have been expended from the CFD
proceeds. Therefore, there is no fiscal impact associated with this annual report.
ALTERNATIVES
1. Provide direction to staff regarding the annual monitoring report for the San Luis Ranch
MMRP and DA (including the related CFD) and continue the item to a future meeting.
2. Reject the annual monitoring report for the San Luis Ranch MMRP and DA, and by
extension, the CFD. This is not recommended since annual monitoring is a requirement of
the MMRP and DA, and by extension, the CFD.
Attachments:
a - COUNCIL READING FILE - MMRP Compliance - Feb 2021
b - SLR Compliance MMRP - Feb 2021
c - SLR Compliance DA - Feb 2021
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San Luis Ranch
Summary of Compliance with Mitigation Measures
February 2021
Mitigation Measures
Item MM ID Summary Description Timing Compliance Status
1 AG-3(a)Agricultural Conflict Avoidance Measures.Include language in SP in compliance
2 AG-3(c)Buffer Landscaping.Prior to Final Map approval In compliance; field verification required
3 N-5(c)Froom Ranch Way Noise Barrier.Prior to Final Map Approval NG-10; PIPs In compliance; ongoing with each project
4 REC-1 Parkland In-lieu Fees.Prior to Final Map approval Yes; ongoing with individual projects
5 BIO-2(c)Froom Ranch Way Bridge Design to Avoid Riparian Areas.As part of PIPs In compliance; annual reporting for 5 years
6 GEO-1 Earthquake and Ground Acceleration Design and Construction Measures.As part of PIPs In compliance; verify with permitting
7 GEO-3 Geotechnical Design.As part of PIPs In compliance; verify with permitting
8 HWQ-1(a)Stormwater Pollution Prevention Plan.Grading Permits; PIPs; Final Map In compliance; ongoing with each project
9 HWQ-1(b)Berms and Basins.Grading Permits; PIPs; Final Map In compliance; ongoing with each project
10 HWQ-1(c)Concept Grading Plan and Master Drainage Plan.Grading Permits; PIPs; Final Map In compliance; ongoing with each project
11 HWQ-3(a)Stormwater Quality Treatment Controls.Grading Permits; PIPs; Final Map In compliance; ongoing with each project
12 HWQ-3(b)Stormwater BMP Maintenance Manual.With PIPs; annually In compliance; annually with each project
13 HWQ-3(c)Stormwater BMP Semi-Annual Maintenance Report.With PIPs; semi-annually In compliance; semi-annually per project
14 AQ-2(e)Construction Activity Management Plan.Prior to Map Recordation In compliance
15 BIO-2(a)Habitat Mitigation and Monitoring Plan Prior to Final Map recordation In compliance; annual report required
16 AG-1 Agricultural Conservation.Prior to Grading Permits In compliance
17 AQ-2(a)Fugitive Dust Control Measures.Prior to Grading Permits In compliance; ongoing with each project
18 AQ-2(b)Standard Control Measures for Construction Equipment.Prior to Grading Permits In compliance; ongoing with each project
19 AQ-2(c)Best Available Control Technology (BACT) for Construction Equipment.Prior to Grading Permits In compliance; ongoing with each project
20 AQ-3(a)Standard Operational Mitigation Measures.Prior to Grading Permits In compliance; field verification required
21 AQ-3(b)Off-Site Mitigation.Prior to Grading Permits In compliance; field verification required
22 BIO-1(a)Best Management Practices.Prior to Grading Permits In compliance; subject to field verification
23 BIO-1(b)Worker Environmental Awareness Program Training.Prior to Grading Permits In compliance; subject to field verification
24 BIO-1(c)Western Pond Turtle and Two-Striped Garter Snake Impact Avoidance and Minimization.Prior to Grading Permits In compliance; subject to field verification
25 BIO-1(d)California Red-legged Frog, Western spadefoot, and Coast Range Newt Impact Avoidance and Minimization Prior to Grading Permits In compliance; subject to field verification
26 BIO-1(e)Steelhead Impact Avoidance and Minimization.Prior to Grading Permits In compliance; subject to field verification
27 BIO-1(f)Great Blue Heron and Monarch Butterfly Impact Avoidance and Minimization.Prior to Grading Permits In compliance; subject to field verification
28 BIO-1(g)Nesting Birds Impact Avoidance and Minimization.Prior to Grading Permits In compliance; subject to field verification
29 BIO-1(h)Roosting Bats Impact Avoidance and Minimization.Prior to Grading Permits In compliance; subject to field verification
30 BIO-2(b)Tree Replacement.Prior to Grading Permits In compliance; annual reporting for 3 years
31 CR-2(a)Retain a Qualified Principal Investigator.Prior to Grading Permits in compliance
32 CR-2(b)Unanticipated Discovery of Archaeological Resources.Prior to Grading Permits In compliance; ongoing with each project
33 HAZ-4 Soil Sampling and Remediation Prior to Grading Permits In compliance; ongoing with each project
34 HAZ-6 Naturally Occurring Asbestos Exposure Avoidance and Minimization Prior to Grading Permits In compliance; ongoing with each project
35 HWQ-4 Conditional Letter of Map Revision/Letter of Map Revision.CLOMR before Grading Permits In compliance
36 N-1(a)Construction Vehicle Travel Route.Prior to Grading permits In compliance; ongoing with each project
37 N-1(b)Construction Activity Timing.ongoing; indicate on Grading Permits In compliance; ongoing with each project
38 N-1(c)Construction Equipment Best Management Practices (BMPs).ongoing; indicate on Grading Permits In compliance; ongoing with each project
39 N-1(d)Neighbor Property Owner Notification and Construction Noise Complaints 10 days prior to grading; include in permit In compliance; subject to field verification
40 AG-3(b)Agricultural Fencing.Prior to Building Permits TBD
41 AQ-2(d)Architectural Coating.Prior to Building Permits In compliance; ongoing with each project
42 CR-1(c)Informational Display of Historic Resources.Ag Center Building Permit TBD
43 N-5(a)Interior Noise Reduction.Building permits (NG-10, -23, and -30)In compliance; subject to field verification
44 T-1(b); T-8(a); T-9(c)Intersection 3: Madonna Road & Dalidio Drive/Prado Road Intersection (construct various)Building permits or occupancy TBD
45 T-1(c) Intersection 5: Madonna & U.S. 101 Southbound Off Ramp (dedicate ROW; pay fair share cost; TDMP)Building permits or occupancy TBD
46 T-1(e); T-8(b)Intersection 9: LOVR and Froom Ranch Way (construct various)with Froom Ranch Way bridge TBD
47 T-1(f); T-8(c)Intersection 10: LOVR and Auto Park Way (dedicate ROW; pay fair share cost; TDMP)Building permits or occupancy TBD
48 T-1(g); T-8(g); T-9(l)Intersection 16: S. Higuera and Tank Farm Road (extend RT pocket to 230'; ROW; pay fair share; TDMP)Building permits or occupancy TBD
49 T-1(h)Intersection 21: Prado/Dalidio and Froom Ranch Way (construct roundabout)Building/occupancy (with connection)TBD
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50 T-1(i)Intersection 25: Prado/Dalidio and SC Project Driveway (construct roundabout)Building/occupancy (with connection)TBD
51 T-2(a)Intersection 1: Madonna and LOVR (dedicate ROW; pay fair share cost; TDMP)Building permits or occupancy TBD
52 T-2(b); T-9(b)Intersection 2: Madonna and Oceanaire (dedicate ROW; pay fair share cost; TDMP)Building permits or occupancy TBD
53 T-2(c)Intersection 5: Madonna & U.S. 101 Southbound Off Ramp (extend LT to 150')Building permits or occupancy TBD
54 T-2(d)Intersection 6: Madonna & U.S. 101 Northbound Off Ramp (dedicate ROW; pay fair share cost; TDMP)Building permits or occupancy TBD
55 T-2(e)Intersection 7: Madonna and Higuera (dedicate ROW; pay fair share cost; TDMP)Building permits or occupancy TBD
56 T-2(f); T-9(h)Intersection 9: LOVR and Froom Ranch Way (construct various)with Froom Ranch Way bridge TBD
57 T-2(g)Intersection 12: LOVR & U.S. 101 Southbound Off Ramp (extend LT to 320')Building permits or occupancy TBD
58 T-2(h)Intersection 13: LOVR & U.S. 101 Northbound Off Ramp (dedicate ROW; pay fair share cost; TDMP)Building permits or occupancy TBD
59 T-2(i)Intersection 14: LOVR & Higuera (extend EB RT lane to 180')Building permits or occupancy TBD
60 T-2(j); T-9(m)Intersection 18: Prado & Higuera (install 2nd NB LT lane; extend WB RT pocket to 400')Building permits or occupancy TBD
61 T-3(a)Segments 1-6: Madonna Road--LOVR to Higuera (construct bikeway; Prado ROW; pay fair share cost; TDMP)Building permits or occupancy TBD
62 T-3(b)Segments 7-8: Higuera--Madonna to Prado (Prado ROW; pay fair share cost; TDMP)Building permits or occupancy TBD
63 T-3(c)Segments 13-17: LOVR--Madonna to Higuera (construct bikeway; Prado ROW; pay fair share cost; TDMP)Building permits or occupancy TBD
64 T-3(d)Segments 18-20: Dalidio/Prado--Froom to Higuera (construct Class I bikepaths)Building permits or occupancy TBD
65 T-5 Froom Ranch Way Bridge Construction Building or occupancy permits TBD
66 T-9(d)Intersecton 4: Madonna and El Mercado (see MM T-1(b))Building permits or occupancy TBD
67 T-11(a)NB US 101 Prado Off Ramp (pay fair share, dedicate ROW for overpass and NB ramps; TDMP)Building permits or occupancy TBD
68 T-11(b)NB US 101 North of Prado (pay fair share, dedicate ROW for overpass and NB ramps; TDMP)Building permits or occupancy TBD
69 T-11(c)NB US 101 North of Madonna (pay fair share, dedicate ROW for overpass and NB ramps; TDMP)Building permits or occupancy TBD
70 HWQ-4 Conditional Letter of Map Revision/Letter of Map Revision.LOMR before occupancy of first unit TBD
71 CR-1(a)Historical Structure Relocation and Reconstruction Plan.Prior to grading NG-30 site Completed; in compliance
72 CR-1(b)Archival Documentation of Historic Buildings.Prior to grading NG-30 site Completed; in compliance
73 N-5(b)Residential Outdoor Activity Area Noise Attenuation.Building permits (NG-30 and NC)In compliance; subject to field verification
74 N-5(d)U.S. Highway 101 Noise Barrier at Hotel.Grading permits (hotel)In compliance; subject to field verification
75 GEO-2 Operational Seismic Safety Requirement.Prior to Building Permits (NC)TBD
75 N-4(a)HVAC Equipment.Building permits (NC)TBD
76 N-4(b)Parking Lot/Loading Dock Orientation and Noise Barrier.Building permits (NC)TBD
77 AQ-1 Encourage Telecommuting.Prior to Occupany (NC)TBD
78 T-1(a)Intersection 1: Madonna and LOVR (optimize signal timing)ongoing by City TBD
79 T-1(d)Intersection 8: Higuera and South Street (signal timing)ongoing by City TBD
80 T-4 Construction Traffic Management Plan Construction activities TBD
81 T-5 Froom Ranch Way Bridge Construction Building permits or occupancy TBD
82 T-6 Project Site Intersection Roundabout Control As determined by City staff TBD
83 T-7 Traffic Calming and/or Reconfiguration of New Neighborhood Streets As determined by City staff TBD
84 T-8(d)Intersection 12: LOVR & U.S. 101 Southbound Off Ramp (construct Prado Road overpass)Timing determined by Caltrans and City TBD
85 T-8(e)Intersection 13: LOVR & U.S. 101 Northbound Off Ramp (construct Prado Road overpass)Timing determined by Caltrans and City TBD
86 T-8(f)Intersection 14: LOVR & S. Higuera (construct Prado Road overpass)Timing determined by Caltrans and City TBD
87 T-9(a)Intersection 1: Madonna and LOVR (extend NB RT on LOVR to 295'; SB LT on Madonna to 395')Timing determined by Caltrans and City TBD
88 T-9(b)Intersection 2: Madonna and Oceanaire (extend WB RT on Madonna to 200')Timing determined by Caltrans and City TBD
89 T-9(e)Intersection 5: Madonna & U.S. 101 Southbound Off Ramp (construct Prado Road overpass)Timing determined by Caltrans and City TBD
90 T-9(f)Intersection 6: Madonna & U.S. 101 Northbound Off Ramp (construct Prado Road overpass)Timing determined by Caltrans and City TBD
91 T-9(g)Intersection 8: Higuera and South Street (extend NB Higuera LT to 120')Timing determined by Caltrans and City TBD
92 T-9(i)Intersection 11: LOVR and Calle Joaquin (construct Prado Road overpass w/ NB and SB ramps)Timing determined by Caltrans and City TBD
93 T-9(j)Intersection 12: LOVR & U.S. 101 Southbound Off Ramp (construct Prado overpass w/ NB and SB ramps)Timing determined by Caltrans and City TBD
94 T-9(k)Intersection 14: LOVR & S. Higuera (construct Prado Road overpass w/ NB and SB ramps)Timing determined by Caltrans and City TBD
95 T-10(a)Segments 1-6: Madonna Road--LOVR to Higuera (construct Prado Road overpass w/ NB and SB ramps)Timing determined by Caltrans and City TBD
96 T-10(b)Segments 15-16: LOVR--Calle Joaquin to US 101 NB ramps (construct Prado overpass w/ NB and SB ramps)Timing determined by Caltrans and City TBD
97 T-10(c)Segment 24: Pardo/Dalidio--project driveway to Froom (construct Prado overpass w/ NB and SB ramps)Timing determined by Caltrans and City TBD
98 T-11(a)NB US 101 Prado Off Ramp (pay fair share, dedicate ROW for overpass and NB ramps; TDMP)Building permits or occupancy TBD
99 T-11(b)NB US 101 North of Prado (pay fair share, dedicate ROW for overpass and NB ramps; TDMP)Building permits or occupancy TBD
100 T-11(c)NB US 101 North of Madonna (pay fair share, dedicate ROW for overpass and NB ramps; TDMP)Building permits or occupancy TBD
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San Luis Ranch
Summary of Compliance with Development Agreement
February 2021
Development Agreement
Item DA ID Summary Description Responsibility Timing Compliance Status
1 1.03.a.1 Agreement terminates on 20th anniversary of annexation date All Parties ongoing ongoing; in compliance
2 1.03.a.2 Agreement terminates on 15th anniversary of annexation if backbone infrastructure not in place All Parties ongoing ongoing; in compliance
3 1.03.a.3 Agreement terminates once development and conditions are satisfied All Parties ongoing ongoing; in compliance
4 1.03.a.4 Agreement terminates if annexation doesn't occur within 5 years of DA "Vesting Date"All Parties ongoing ongoing; in compliance
5 1.04 Agreement must be executed 5 days after Ordinance adoption; to County Recorder within 10 days All Parties ongoing in compliance
6 5.02.1 Form Community Facilities District (CFD)City City Council adopts CFD Ordinance 4-16-19 in compliance; levy under CFD TBD
7 5.04.3 Reimbursement for developer improvements beyond fair share cost City according to law TBD once costs are known
8 5.04.4 Post $300,000 bond to ensure compliance with Section 5.04.4 Developer before 1st anniv of "Effective Date"in compliance
9 5.04.5 Prepay $1.5 million for Prado Interchange; early payment toward full mitigation fee; see notes Developer based on timing of Final Map approval in compliance
10 7.08 City to use Fee for grant program to replace existing sewer laterals equivalent to 66,000 gpd City ongoing ongoing; in compliance
11 11.01; 02 Annual evaluation of the MMRP to ensure compliance City ongoing; annually ongoing; in compliance
12 11.04 Annual evaluation of the DA to ensure compliance City ongoing; annually ongoing; in compliance
13 11.05 CDD to issue "Finding of Development Agreement Compliance" based on review City ongoing; annually ongoing; in compliance
14 12.03 Any DA provision out of compliance must be cured within 60 days both parties ongoing ongoing; in compliance
15 6.02.3 Land dedications for ROW or infrastructure Developer prior to infrastructure need or map approval ongoing; in compliance
16 7.03 Dedicate 2.8 acres of onsite parkland and build park Developer prior to final map ongoing; park not yet built
17 7.09 Make Recycled Water facility improvements per Figure 7.2 of SLR SP Developer prior to Final Map or building permits ongoing; in compliance
18 7.10 Make storm drainage improvements per Figure 7.4 of SLR SP Developer prior to Final Map or building permits ongoing; in compliance
19 7.11 Make floodplain improvements Developer prior to Final Map or building permits ongoing; in compliance
20 7.13.01 CC&Rs disclosure statement required City prior to Final Map or building permits TBD
21 7.13.07 City to allow building permits and occupancy for up to 24 model homes prior to Final Map City prior to final map ongoing; in compliance
22 7.08 Pay $300,000 Capacity Offset Fee for sewer improvements Developer prior to recording Final Map In compliance
23 7.03 Dedicate offsite parkland or pay up to $3,175,026 as equivalent Developer prior to recording Final Map In compliance
24 7.04 Secure Ag Easement on 30 acres at APN 067-181-010 Developer prior to grading permits In compliance
25 7.06 Implement energy saving measures in development Developer prior to building permits ongoing; in compliance
26 7.07 Implement water saving measures in development Developer prior to building permits ongoing; in compliance
27 7.13.04 Complete Design Review for all major surface public facilities City prior to construction ongoing
28 5.03.2.b Pay all Development Impact Fees (DIF) to City per April 2018 DIF update Developer prior to occupancy TBD
29 5.04.4 Pay Early Residential Development Fee ($262/unit)Developer prior to occupancy TBD
30 5.04.6 Pay remaining Prado Road Mitigation Fee Developer prior to occupany generating 233 PM PHT TBD
31 7.12 Make traffic and circulation improvements Developer prior to occupancy TBD
32 7.05 Provide Affordable Housing or in lieu payment for commerical per Exhibit F of the DA Developer prior to final map for NC Mixed use project approved 11-17-20
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Department Name: Police
Cost Center: 8001
For Agenda of: March 16, 2021
Placement: Consent
Estimated Time: N/A
FROM: Jeff Smith, Interim Police Chief
Prepared By: Melissa Ellsworth, Senior Administrative Analyst
SUBJECT: FY 2021-22 GRANT APPLICATION FOR OFFICE OF TRAFFIC SAFETY
GRANT PROGRAM
RECOMMENDATION
1. Authorize the Police Department to submit a grant application to the Office of Traffic Safety for
a FY 2021-22 Selective Traffic Enforcement Program (STEP) grant not to exceed $250,000; and
2. If the grant is awarded, authorize the City Manager or his designee to execute all grant related
documents and authorize the Finance Director to make the necessary budget adjustments upon
the award of the grant.
DISCUSSION
The California Office of Traffic Safety (OTS) provides grant funding to agencies each year aimed to
prevent deaths and injuries on City roadways through special enforcement and public awareness
efforts. Grant funding helps the City’s ongoing effort to improve traffic safety and quality of life in
the community.
The department has been awarded funding from the OTS for well over twenty years. OTS grant
funding has enabled the Police Department to conduct numerous operations specifically
enforcement focused on alcohol or drug impaired drivers. Funding is essential to continue this type
of specialized enforcement on an ongoing basis.
The grant application was due on January 30, 2021. Due to grant timing, the application has already
been submitted online. If Council denies this request, the application can be withdrawn. In the grant
application, the department requested funding for the following: overtime to conduct DUI
checkpoints, saturation patrols, motorcycle safety, pedestrian & bicycle enforcement, traffic safety
education, and distracted driving enforcement operations. Funding to purchase electronic citation
data collection devices was also requested.
Policy Context
The recommended actions are consistent with the City of San Luis Obispo’s Financial Management
Manual, Section 740 - Grant Management Policy. The policy states that Council will approve all
grant applications in excess of $5,000 and delegates receipt and contract execution to the City
Manager.
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Public Engagement
This item is on the agenda for the March 16, 2021 City Council meeting and will follow all required
postings and notifications. The public may have an opportunity to comment on this item at or before
the meeting.
CONCURRENCES
The Director of the Finance concurs with the staff recommendation.
ENVIRONMENTAL REVIEW
No environmental review is required for grant submittals per section 15061(b)(3) General Rule of
the CEQA Guidelines. It can be seen with certainty that the proposed action of the City to apply for
grant funding will have no significant effect on the environment.
FISCAL IMPACT
Budgeted: No Budget Year: 2021-22
Funding Identified:
Fiscal Analysis:
Funding Sources Total Budget
Available
Current Funding
Request
Remaining
Balance
Annual
Ongoing Cost
General Fund
State – OTS GRANT Up to
250,000
Total $250,000
City matching funds are not required for this grant.
ALTERNATIVE
Council may direct staff not to submit an application. Staff does not recommend this alternative as
funding will aid in the City’s ongoing effort to improve traffic safety and quality of life. The grant
objectives are aimed at preventing deaths and injuries on our roadways through special enforcement
and public awareness efforts.
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Department Name: Community Development
Cost Center: 4003
For Agenda of: March 16, 2021
Placement: Consent
Estimated Time: N/A
FROM: Michael Codron, Community Development Director
Prepared By: Steve LaChaine, Senior Civil Engineer
SUBJECT: APPROVAL OF THE FINAL PARCEL MAP FOR PARCEL MAP SLO 19 -
0081, 3700 RANCH HOUSE ROAD (SBDV-0826-2019 AND ARCH-0825-
2019)
RECOMMENDATION
Adopt a Resolution (Attachment A) approving the Final Parcel Map for Parcel Map SLO 19-0081,
3700 Ranch House Road, and authorize the Mayor to execute a Subdivision Agreement.
DISCUSSION
Background
Parcel Map SLO 19-0081 is located at 3700 Ranch House Road (Attachment D). A vesting
tentative parcel map for Parcel Map SLO 19-0081 was approved by the Planning Commission on
September 9, 2020, by Resolution No. PC-2018-20 and PC-2019-20(Attachments B and C). The
vesting tentative parcel map (Attachment E) approved a single lot residential common interest
subdivision, commonly known as Vinifera Townhomes.
This parcel map requires City Council approval to amend the width of a previously offered Public
Utility Easement (PUE). Once the amended map is approved by the Council and all of the
appropriate fees and securities are submitted to guarantee completion of the subdivision
improvements, the map can be recorded.
Approving the Final Map
The tentative parcel map has an initial two-year life per Municipal Code Section 16.10.150. It is
not subject to any automatic extensions granted by the State Legislature. Therefore, the final map
must be filed by September 9, 2022, unless the subdivider requests, and is granted, time
extensions from the City, pursuant to Municipal Code Section 16.10.155.
The final parcel map for Parcel Map SLO 19-0081 (Attachment F) is ready to be approved and
recorded. Pursuant to Section 16.14.080 of the Municipal Code, the Public Works Director has
determined that the final parcel map is in substantial conformity with the tentative parcel map
and approved modifications thereof.
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The final parcel map proposes to abandon an existing ten-foot-wide PUE along Ranch House
Road and install a new six-foot-wide PUE to replace the extinguished ten-foot-wide PUE to be
reserved on the final parcel map for the street frontage area. This public utility easement is
described on the final parcel map. The proposed PUE reduction to six feet has been reviewed and
approved by the benefitting utility providers. Private drainage easements on the parcel will be
extinguished by separate quitclaim deed agreement before or at the time of map recordation . The
parcel map shows the new location of private drainage easements on site to accommodate the
final design.
Appropriate securities will be submitted prior to map recordation to guarantee completion of the
required subdivision improvements as shown in the Subdivision Agreement (Attachment F). The
resolution approving the final parcel map (Attachment G) also authorizes the Mayor to sign the
Subdivision Agreement requiring the Subdivider to complete the subdivision improvements.
Previous Council or Advisory Body Action
The Planning Commission approved the Vesting Tentative Parcel Map No. 19-0018 on
September 9, 2020 via Resolution No. PC-2018-20 and PC-2019-20(Attachments B and C).
Policy Context
The City Council approves final maps in accordance with the Subdivision Map Act and the
City’s Subdivision Regulations (Chapter 16). The regulations shall apply to all parts of
subdivisions within the City of San Luis Obispo and to the preparation of subdivision maps and
to other maps provided for by the Subdivision Map Act. Each subdivision and each part thereof
lying within the City shall be made and each map shall be prepared and presented for approval as
provided for and required by these regulations.
Public Engagement
Public engagement was completed with the approval of the Tentative Map along with
Architectural approval for the specific development project.
CONCURRENCES
The Public Works Department concurs with the recommended action.
ENVIRONMENTAL REVIEW
Approval of the final map is statutorily exempt under the California Environmental Quality Act
(CEQA) pursuant to Section 15268(b)(3) Ministerial Projects (approval of final subdivision
maps) of Title 14 of the California Code of Regulations (State CEQA Guidelines). Therefore, no
further environmental review is required.
FISCAL IMPACT
Budgeted: n/a Budget Year: 2020-21
Funding Identified: n/a
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Fiscal Analysis:
Funding Sources
Total Budget
Available
Current Funding
Request
Remaining
Balance
Annual
Ongoing Cost
General Fund N/A 0 0 0
State
Federal
Fees
Other:
Total
N/A for Private
Subdivision
There is no significant financial impact to the City associated with approving the final parcel map
for Parcel Map No. 19-0018. The driveway aprons and street trees being installed along the Cerro
Cabrillo Lane, Ranch House Road, and Sponza Drive frontage and the new water services will
result in a minimal increase in maintenance costs upon acceptance of the improvements by the City.
The remainder of the subdivision improvements will be privately maintained.
ALTERNATIVES
Deny approval of the final parcel map. Denying approval of the final parcel map can apply if
findings are made that the requirements or conditions of the tentative map have not been met or
performed (Section 66473 of the Subdivision Map Act) or if findings are made that the final map
is not in substantial compliance with the previously approved tentative map (Section 66474.1 of
the Subdivision Map Act). Because the final map is in substantial compliance with the tentative
map and all of the conditions of the map will be met or securities deposited prior to map
recordation, Sections 66474.1 and 66473 of the Subdivision Map Act require that City Council
approve the map. Therefore, denying approval of the final map is not a recommended alternative
unless the required findings are made.
Attachments:
a - Draft Resolution
b - COUNCIL READING FILE - Planning Commission Resolution No. 1018-20
c - COUNCIL READING FILE - Planning Commission Resolution No. 1019-20
d - Vicinity Map
e - COUNCIL READING FILE - Vesting Tentative Parcel Map
f - COUNCIL READING FILE - Parcel Map 19-0081
g - Subdivision Agreement - PM SLO 19-0081
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R _____
RESOLUTION NO. ______ (2021 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO, CALIFORNIA, APPROVING THE FINAL PARCEL
MAP FOR PARCEL MAP SLO 19-0081 (3700 RANCH HOUSE ROAD)
WHEREAS, the City Council made certain findings concerning the tentative parcel map for
Parcel Map SLO 19-0081, as prescribed in SBDV-0826-2019 and ARCH-0825-2019; and
WHEREAS, all the requirements and conditions of said SBDV-0826-2019 and ARCH-0825-
2019 that are applicable to Parcel Map SLO 19-0081 are completed or appropriate securities will be
in place prior to map recordation to guarantee their completion; and
WHEREAS, the subdivider has completed all required subdivision improvements applicable
to Parcel Map SLO 19-0081 or will submit appropriate securities to guarantee installation of the
required subdivision improvements as shown on the approved plans prior to map recordation, and all
fees have been received or will be received prior to map recordation, as prescribed in the Subdivision
Agreement.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. The final map for Parcel Map SLO 19-0081 is found to be in substantial
conformity with the tentative map.
SECTION 2. The Subdivision Agreement for Parcel Map SLO 19-0081 is hereby approved.
SECTION 3. Approval of the final map for Parcel Map SLO 19-0081 is hereby granted.
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Resolution No. _______ (2021 Series) Page 2
R _____
SECTION 4. The Mayor and City staff are authorized to take action necessary to carry out
the intent 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 _______________ 2021.
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Teresa Purrington
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, on ____________________________.
____________________________________
Teresa Purrington
City Clerk
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City of San Luis Obispo, Commu nity Devel opmen t, 919 Palm S tree t, San Luis Obispo, CA, 93401-3218, 805.7 81.7170, slocity.o rg
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SUBDIVISION AGREEMENT – PM SLO 19-0081
THIS AGREEMENT is dated this ______ day of _____________2021 by and
between JPA Investments, LLC, a California Limited Liability Company, Owner, herein
referred to as "Subdivider," and the CITY OF SAN LUIS OBISPO, herein referred to as the
"City."
RECITALS
REFERENCE IS HEREBY MADE to that certain proposed subdivision of real
property in the City of San Luis Obispo, County of San Luis Obispo, State of California, a
description of which is shown on Parcel Map SLO 19-0081, City of San Luis Obispo,
California, as approved by the City on the ______ day of _________________, 2021.
The Subdivider desires that said Parcel Map SLO 19-0081 be accepted and
approved pursuant to the Subdivision Regulations of the City of San Luis Obispo (Title 16
of the San Luis Obispo Municipal Code), and
It is a condition of said regulations that the Subdivider agree to install the
improvements as set forth on the plans therefore.
TERMS AND CONDITIONS:
In consideration of the foregoing, the Subdivider does hereby agree to construct
and install the following subdivision improvements in accordance with said subdivision
regulations, and in accordance with approved plans and specifications on file in the office
of the City Engineer, City of San Luis Obispo, to wit:
1. CURB, GUTTER, SIDEWALK, DRIVEWAY APRON
2. STREET BASE AND SURFACING
3. WATER SERVICES AND SEWER LATERALS
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4. DRAINAGE STRUCTURES
5. ELECTRIC, GAS, TELEPHONE AND CABLE TELEVISION: In addition to the
inspection and approval of such facilities by the City, each public utility shall be
required to file a letter stating that the developer has properly installed all facilities to
be provided by him, and that the said utility is prepared to provide service to
residents upon request.
The above facilities shall be installed in the locations designated and to the plans and
specifications on file and approved by the City Engineer and/or Director of Public Works.
The lines and grades for said improvements shall be established by the Subdivider
in accordance with said approved plans and specifications.
The Subdivider agrees that the work of installing the above improvements shall
begin within thirty (30) days from the date of recording of the parcel map, and that the work
shall be completed within twelve (12) months of said recording date, unless an extension
has been granted by the City, provided that if completion of said work is delayed by acts of
God or labor disputes resulting in strike action, the Subdivider shall have an additional
period of time equivalent to such period of delay in which to complete such work. Any
extension of time hereunder shall not operate to release the surety on the Improvement
Security filed pursuant to this agreement. In this connection, the surety waives the
provisions of Section 2819 of the Civil Code of the State of California.
No building permits will be issued nor occupancy granted after the expiration date
of the agreement until completion and acceptance of all subdivision improvements unless
specifically approved by the City.
The Subdivider does also agree to comply with the conditions established by the
City and has paid the necessary fees as indicated on the attached Exhibits 1 and 2.
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Setting of new survey monuments or resetting of disturbed monuments shall be in
accordance with Article 5, paragraph 8771 et seq., of the Professional Land Surveyors
Act, Chapter 15 of the Business and Professions Code of the State of California.
The Subdivider attaches hereto, as an integral part hereof, and as security for the
performance of this agreement, an instrument of credit or bond approved by and in favor
of the City of San Luis Obispo, and conditional upon the faithful performance of this
agreement. Said instrument of credit or bond is in the amount of $__________ which is
the amount of the estimated cost of said improvements.
Subdivider agrees to remedy any defects in the improvements arising from faulty
workmanship or materials or defective construction of said improvements occurring within
twelve (12) months after acceptance thereof. In accordance with Sections 66499.7 and
66499.9 of the Government Code of the State of California, upon final completion and
acceptance of the work, City will release all but 10% of the improvement security, that
amount being deemed sufficient to guarantee faithful performance by the Subdivider of his
obligation to remedy any defects in the improvements arising within a period of one year
following the completion and acceptance thereof.
Completion of the work shall be deemed to have occurred on the date of written
notice from the Public Works Director stating that said improvements have been accepted
according to said plans and specifications, and any approved modifications thereto, and
that the faithful performance security can be released. Neither periodic nor progress
inspections or approvals shall bind the City to accept said improvements or waive any
defects in the same or any breach of this agreement.
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4
“AS-BUILT” record drawings are to be submitted within four weeks of completion of
construction and prior to City acceptance of the public improvements.
If the Subdivider fails to complete the work within the prescribed time, the
Subdivider agrees that City may, at its option, declare the instrument of credit or bond
which has been posted by Subdivider to guarantee faithful performance, forfeited and
utilize the proceeds to complete said improvements, or city may complete said
improvements and recover the full cost and expense thereof from the Subdivider or his
surety.
The Subdivider has deposited with the City a labor and materials surety in the
amount of 50% of the above described subdivision improvements ($___________) in
accordance with State law .
Said Subdivider shall pay an inspection fee for City to inspect the installation of said
subdivision improvements, and to verify that they have been completed in accordance with
the plans and specifications.
Title 16 of the San Luis Obispo Municipal Code, entitled "Subdivision," all plans and
specifications on file with said City Engineer as a part of said Subdivision Map, and all
other documents filed with the City by the Subdivider and approved by the City Engineer
are hereby referred to for further particulars in interpreting and defining the obligations of
the Subdivider under this agreement.
Pursuant to Government Code Section 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
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relating thereto, including but not limited to environmental review (“Indemnified Claims”).
The City shall promptly notify the subdivider of any Indemnified Claim upon being
presented with the Indemnified Claim and City shall fully cooperate in the defense against
an Indemnified Claim.
It is understood and agreed by and between the Subdivider and the City hereto that
this agreement shall bind the heirs, executors, administrators, successors and assigns of
the respective Parties to this agreement.
It is agreed that the Subdivider will furnish copies of the successful bidder's contract
unit prices and total bid prices for all of the improvements herein referred to.
IN WITNESS WHEREOF, this agreement has been executed by:
SUBDIVIDER
JPA Investments, LLC,
a California Limited Liability Company
By: ____________
Name: Joshua E. Peterson Date
Title: Manager
CITY OF SAN LUIS OBISPO
_
DIRECTOR OF PUBLIC WORKS Date
Matt Horn
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6
EXHIBIT 1
PARCEL MAP SLO 19-0081
SUBDIVISION AGREEMENT
1. The Subdivider has deposited a monumentation security in the amount of $_,___ to
guarantee the installation of survey monuments in accordance with the approved map and
payment for same. Said guarantee will be released once the installation of monuments has
been verified and that existing monuments have not been disturbed, and upon receipt by the
City of a letter from the Surveyor indicating that they have completed the work and have
been paid. Subdivider shall adhere to the requirements of California Business and
Professions Code Section 8771 with regards to monument preservation. The monumenation
security also guarantees the replacement of any monuments that were disturbed during
construction, along with filing of Records of Survey or Corner Records required by said
Section 8771. N/A, no monuments to set.
2. Park-in-lieu fees shall be paid, as listed in the attached EXHIBIT 2.
3. Water and sewer impact fees shall be paid at time of building permits through the
Community Development Department per the fee schedule in effect at that time.
4. Transportation impact fees shall be paid at time of building permits through the Community
Development Department per the fee schedule in effect at that time.
5. The subdivider shall comply with all requirements / conditions of approval approving the
tentative parcel map for minor subdivision, (Condominium Resolution 1018-20 and VTM
Resolution 1019-20).
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EXHIBIT 2
PARCEL MAP SLO 19-0081 - FEE AND BOND LIST
3700 RANCH HOUSE ROAD
Amount Form Date Received Bond Release Status
Bonds and Guarantees:
Total Faithful Performance $_________
Bond
XXX Can be released upon City acceptance of
improvements, deposit of one-year
warranty surety, and approval of record
drawings.
Labor & Materials (50% of total cost of
improvements
$_________ Bond XXX Can be released 90 days after
acceptance of improvements, if no
claims. (Civil Code Section 8412)
Monument Guarantee N/A $______ CD
Can be released upon verification that
monuments have been set and surveyor
has been paid. NO MONUMENTS TO
SET
10% Warranty
To be collected prior to release of
Faithful Performance Bond
Can be released one-year after
acceptance of improvements, if no
defects, and approval of record
drawings.
Fees:
Map Check Fee $7,074.94 Check 2020 Paid in full
Plan Check Fee Check XXX TBD based on fee schedule from
engineers estimate
Improvement Plan Inspection Check XXX TBD based on fee schedule from
engineers estimate
Park Fees1 $311,377.60 Check XXX Calculation:
Parkland In-Lieu Fee $2,384.01 per
multi-family condominium.
Parkland Development Fee $5,400.43
per multi-family condominium.
(Parkland In-Lieu Fee + Parkland
Development Fee) x 40 units =
$311,377.60
(Note: fees may increase if Park fees are
paid instead with building permits)
Affordable Housing Requirements See affordable housing agreement, if
any.
Water Impact Fee1 To be collected with building permit
Wastewater Impact Fee1 To be collected with building permit
Transportation Impact Fee1 To be collected with building permit
1 All Impact Fees are adjusted annually (July 1) based on CPI. Credit given for demolished units.
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Department Name: Community Development
Cost Center: 4001
For Agenda of: March 16, 2021
Placement: Consent
Estimated Time: NA
FROM: Derek Johnson, City Manager
Prepared By: Michael Codron, Director of Community Development
Brian Leveille, Senior Planner
SUBJECT: ADOPT A RESOLUTION TO FURTHER EXTEND THE LIFE OF ALL CITY
DISCRETIONARY APPROVALS AND THE OPEN SLO PILOT PROGRAM
DUE TO THE COVID-19 PANDEMIC EMERGENCY
RECOMMENDATION
1. Adopt a Resolution (Attachment A), superseding Council Resolution No. 11131 (2020
Series), to extend the life of all City discretionary approvals, as follows:
a. Extend the term of all active City planning entitlements for an additional six months
for a total of 18 months following the end of the Covid-19 pandemic emergency.
b. Extend the life of all commercial cannabis business operator permits for an additional
three months, for a fixed period of nine months from the original date of expiration.
c. Extend the life of all building permit applications by an additional six months, for a
fixed period of one year from the original date of expiration.
2. Adopt a Resolution (Attachment B), superseding Council Resolution No. 11118 (2020
Series), to extend the life of the Open SLO temporary pilot program for temporary use of
City right-of-way to support physical distancing and COVID-19 economic recovery as
follows:
a. Extend the term of all Open SLO program activities and policies through the end of
2021 or 180 days beyond termination of the City’s COVID-19 emergency declaration
(whichever comes later).
DISCUSSION
Background
On June 2, 2020, the City Council adopted the 2020-21 Financial Plan supplement with a
singular, integrated Meta City Goal – Economic Recovery. One of the near-term actions
identified was an extension of entitlements so that they would not expire during the pandemic,
causing delays in the economic recovery effort that could result in business closures and lost
revenue opportunities for both businesses and City operations. On June 20, 2020, the City
Council adopted Resolution No. 11131, authorizing extension of City discretionary approvals
and building permit applications due to the Covid-19 pandemic.
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Another near-term action supporting the Economic Recovery Meta City Goal was continued
implementation of the “Open SLO” pilot program, an initiative approved by the City Council on
May 22, 2020, with adoption of Resolution No. 11118. The Open SLO program deploys a
variety of strategies such as temporary street closures, installation of parklets, and use of Mission
Plaza for public outdoor dining to allow the temporary use of City right-of-way to facilitate
social distancing and COVID-19 economic recovery for local businesses affected by public
health restrictions on indoor services. At the time of adoption, the Open SLO program was
identified as a one-year pilot program, with a sunset date of June 2021.
Staff is now recommending an additional extension for entitlement permits and the Open SLO
program based on the length of the ongoing pandemic emergency.
City Discretionary Approvals
Staff’s recommendation is to extend all City discretionary approvals, issued under the Zoning
Regulations and active on the date of the emergency declaration on March 17, 2020, for eighteen
months following the declared end of the state and local emergency. Specifically, for any
discretionary approval active on March 17, 2020, the one-year “life” of the permit will be
extended by the term of the emergency plus an additional 1.5 years.
The term of the emergency is tied to the Governor’s declaration of a stat e of emergency, the
County Public Health Officer’s declaration of a public health emergency, and the City Council’s
local emergency declaration.
Chapter 17.104.070 of the City’s Municipal Code includes the following:
If building permits are not issued for site development authorized by a
discretionary permit within one year of the date of approval or such longer time
as may be stipulated as a condition of approval, the permit shall expire with the
building permit application. Upon written request received prior to expiration,
the director may grant renewals of an approval for successive periods of not more
than one year each, up to a total of three years. Requests beyond three years are
subject to review by the planning commission. Approvals of such renewals shall
be in writing and for a specific period. Renewals may be approved with new or
modified conditions upon a finding that the circumstances under which the permit
was originally approved have substantially changed. Renewal of a permit shall
not require public notice or hearing, unless the renewal is subject to new or
modified conditions. In order to approve a renewal, the director, or planning
commission as applicable, must make the findings required for initial
approval. (Ord. 1650 § 3 (Exh. B), 2018)
The recommendation before the City Council is to approve a generally applicable extension to
the term of any approval covered by this section of the Municipal Code by the term of the
pandemic emergency, plus 18 months. This extension would not impact the ability of any
individual applicant or project proponent to pursue additional extensions, not to exceed a
cumulative three years when combined with this generally applicable extension.
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Building Permit Applications
Building permit applications submitted before January 1, 2020 are subject to the 2016 California
Building Code (CBC). These applications are required by the CBC to be actively pursued and
issued within six months of the application date. The CBC provides for the possibility of
successive 90-day extensions. The recommendation before the City Council is to grant a single,
one year extension to all building permit applications submitted prior to January 1, 2020,
extending their potential life to December 31, 2021. This adds six months to the Council’s prior
action.
CBC Section 105.3.2 - An application for a permit for any proposed work shall be
deemed to have been abandoned 180 days after the date of filing, unless such
application has been pursued in good faith or a permit has been issued; except
that the building official is authorized to grant one or more extensions of time for
additional periods not exceeding 90 days each. The extension shall be requested
in writing and justifiable cause demonstrated.
Commercial Cannabis Business Operator Permits
The City of San Luis Obispo has issued seven commercial cannabis operator permits during the
past two years. Two of those permits have been activated and five have not met all of the
requirements for activation. If a commercial cannabis operator permit is not fully activated
(meaning the business is open and continually operating) within one year of permit issuance,
then current code provisions specify that the operator permit expires. Council previously
approved a six-month extension for these permits and staff is now recommending an extension of
three additional months (nine months total) to these operator permits.
Commercial cannabis business operators have been impacted by Covid-19 similar to other
business types in the City. The process of activating a commercial cannabis operator permit is
extensive and requires approval of a Conditional Use Permit, application for building permit,
construction per the approved building permit, stocking inventory, and opening for business.
Accomplishing all of this within one year is an ambitious schedule during normal times and the
current pandemic and other world events define this time as anything but normal. In light of the
generally applicable recommended entitlement and building permit extensions discussed above,
as well as the inextricable intertwined relationship between such land use entitlements and
building permits and the activation requirements of a cannabis operator’s permit, staff is also
recommending an additional three month (nine-months total) extension on the activation of
currently issued operator’s permits to align with building permit extensions, due to the effects of
the pandemic emergency. The relevant code section follows.
SLOMC 9.10.070.D. Duration and Activation of Permit. Each commercial
cannabis operator permit issued pursuant to this chapter shall expire twelve
months after the date of its activation. The permittee may apply for renewal prior
to expiration in accordance with this chapter. Each commercial cannabis
operator permit must be activated within twelve months of issuance. The permit is
activated by the issuance of a use permit for the commercial cannabis activity
pursuant to Section 17.86.080, together with all other applicable city permits and
state licenses, and the commercial cannabis operator thereafter opening and
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continuously operating the commercial cannabis activity. Failure to timely
activate the permit shall be deemed abandonment of the permit and the permit
shall automatically lapse. (Ord. 1673 §§ 1, 2 (Exh. A), 2020; Ord. 1647 § 4 (Exh.
A (part)), 2018)
Open SLO Program
Following Council’s approval of the Open SLO pilot program in May of 2020, the City has
successfully deployed several strategies to allow flexible use of the public right-of-way to
support social distancing and economic recovery of local businesses affected by the COVID -19
pandemic. These strategies included:
1. Temporary street closures along Higuera and Monterey Street in June and July of 2020 to
allow retailers and restaurants to expand services into the street right-of-way.
2. Installation of approximately 40 temporary parklets and roughly 15 new sidewalk dining
permits to allow restaurants to expand services into the public right-of-way.
3. Installation of a pilot street reconfiguration project on Higuera Street between Santa Rosa
and Nipomo Streets, converting one of the three auto travel lanes to a buffered bike lane
to provide additional clearance between auto traffic and parklets, reduce illegal speeding
within the downtown core, and improve access to the downtown for active transportation
modes.
4. Activation and use of Mission Plaza for public outdoor take-out dining.
5. Temporary suspension of enforcement of off-street parking requirements, allowing
businesses with private parking lots to covert outdoor parking stalls to restaurant seating
or other business-supportive activities.
6. Pop-Ups and Quick-Build Street Activation projects to leverage low-cost opportunities to
improve public safety and activate street space for community benefit, such as the
temporary reconfiguration of Monterey Street between Chorro and Morro Streets, which
included converting half the street (the eastbound direction) to outdoor restaurants space,
adding a contra-flow protected bike lane to maintain connectivity for active
transportation users, and installing a Public Art & Bicycle Plaza at the corner of
Monterey/Morro Street to activate the public space in front of the Chamber of Commerce
with street murals, landscaped planters and bicycle parking.
As part of this temporary program, the City Council approved administration of new requests for
expansion of sidewalk dining, parklets, and other outdoor business services within the public
right-of-way through flexible use of the City’s existing Sidewalk Café encroachment permit
process (established in Section 5.50 of the City Municipal Code), along with provisions for
streamlined processing of encroachment permit requests, waiving encroachment permit fees,
temporarily waiving enforcement of parking requirements associated with outdoor expansion of
retail/restaurant uses, and streamlined review of temporary architectural and aesthetic elements
of sidewalk dining and parklet areas.
The Council Resolution approving the Open SLO program (No. 11118, 2020 Series) ties the
term of the program to the Governor’s declaration of a state of emergency, the County Public
Health Officer’s declaration of a public health emergency, and the City Council’s local
emergency declaration. In turn, the May 22, 2020 Council Agenda Report presenting the Open
SLO program identified Open SLO as a one-year pilot program with a sunset of June 2021.
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The recommendation before the City Council is to grant an extension of the Open SLO
temporary pilot program through the end of 2021 or 180 days following termination of the City’s
COVID-19 emergency declaration (whichever comes later). Attachment B includes a new
resolution defining the extended term for the program, which supersedes the existing resolution
(No. 11118, 2020 Series) adopting the initial Open SLO program. This extension will allow for
the ongoing economic recovery of local businesses post-COVID and provide an opportunity for
staff to further evaluate and formulate strategies for the potential permanent adoption of certain
Open SLO strategies that may align with the City’s long-term goals for economic recovery and
community vitality (i.e. permanent parklet program). Staff plans to return to Council in summer
of 2021 to request further policy direction with specific alternatives, design guidance and staff
recommendations on the long-term potential for these strategies.
Policy Context
The proposed action is consistent with the City’s Major City Goal for economic recovery and
facilitates the City’s sub -goal for Housing Production. Further, the recommendation will help
avoid time and cost spent reviewing individual approval extension requests.
Public Engagement
This project has followed an “inform” level of public engagement. However, the City has
received specific requests for this action to help preserve the value of entitlements granted by
ensuring that they do not expire before they can be acted on.
CONCURRENCE
The Assistant City Manager for Community Services, Public Works Director, and the Economic
Development Manager concur with this recommendation.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to the recommended action to extend
entitlements because the action does not constitute a “Project” under CEQA Guidelines Sec.
15378.
The proposed action to extend the Open SLO pilot program is also exempt from environmental
review pursuant to the California Environmental Quality Act (CEQA) as follows:
A. The project is statutorily exempt under State CEQA Guidelines Section 15269
(Emergency Projects), because the temporary program includes specific actions that
would allow for safe physical distancing consistent with the State’ s Resilience Roadmap
and County and State Guidelines in order to mitigate the COVID- 19 public health
emergency.
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B. The project is categorically exempt under State CEQA Guidelines Section 15301
(Existing Facilities) because the actions identified in the program are limited to the
permitting, leasing, and minor alteration of existing public facilities, including existing
streets, sidewalks, bicycle and pedestrian trails, which would not result in the creation of
additional automobile lanes. The program would result in a negligible expansion of
existing commercial uses and a negligible expansion of the public’ s use of City right-of-
way, as the uses included in the temporary program would not vary from the current uses
of commercial businesses, residential areas, or public access within the City’ s right -of-
way.
FISCAL IMPACT
Budgeted: No Budget Year: N/A
Funding Identified: No
Fiscal Analysis:
Funding Sources Current FY Cost
Annualized
On-going Cost
Total Project
Cost
General Fund N/A
State
Federal
Fees
Other:
Total
The recommendation to extend entitlements will have no direct fiscal impact on the City. No
additional funding appropriations are requested for the Open SLO program at this time; thus, the
action to extend the Open SLO pilot program also has no direct fiscal impact on the City.
Indirect fiscal impacts of extending the Open SLO program would include potential loss of
encroachment permit fee revenues with the temporary waiver of sidewalk dining permit fees,
loss of on-street parking meter revenue due to conversion of metered parking stalls to parklets,
and costs associated with City staff resources committed to implementing the program.
However, the extension of the life of entitlements and building permit applications, as well as the
continued support for temporary expansion of restaurant operations outdoors within the public
right-of-way are expected to have a positive economic effect on the community.
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ALTERNATIVES
1. The City Council can extend discretionary approvals for a different time period. This
action is not recommended because together, the tolling of approvals and the one-year
extension, will provide a substantial increase in the life of all active entitlements. In the case
of building permit applications, six months is the longest term enabled by the California
Building Code.
2. The City Council can decide not to extend entitlements or building permit applications.
This action is not recommended because the City Council has adopted Economic Recovery
as a Major City Goal and this action is intended to be supportive of the goal.
3. The City Council can decide not to extend the Open SLO program. This action is not
recommended because the City Council has adopted Economic Recovery as a Major City
Goal and this action is intended to be supportive of the goal.
Attachments:
a - Draft Resolution (Entitlements)
b - Draft Resolution (Open SLO)
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R ______
RESOLUTION NO. _____ (2021 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, PROCLAIMING THE CONTINUING
EXISTENCE OF A LOCAL EMERGENCY REGARDING THE COVID-19
PANDEMIC AND EXTENDING THE LIFE OF DISCRETIONARY
APPROVALS, BUILDING PERMIT APPLICATIONS, AND CANNABIS
OPERATOR PERMITS TO MITIGATE ECONOMIC IMPACTS AND AID
IN ECONOMIC RECOVERY SUPERSEDING COUNCIL RESOLUTION
NO. 11131 (2020 SERIES)
WHEREAS, section 2.24.060 of the Municipal Code empowers the Emergency Services
Director to request that the City Council proclaim a local emergency when the City of San Luis
Obispo is affected or likely to be affected by a public calamity and the City Council proclaimed a
local emergency at its regular meeting on March 17, 2020 regarding the COVID-19 pandemic and
has subsequently regularly reviewed said proclamation and proclaimed the continuation of local
emergency; and
WHEREAS, the Secretary of Health and Human Services Director issued a Determination
that a Public Health Emergency exists and has existed as of January 27, 2020; and
WHEREAS, the President of the United States has declared a State of National
Emergency; the Governor of the State of California has proclaimed a State of Emergency for the
State of California and issued Executive Orders and direction regarding measures to mitigate the
spread of cases of COVID-19 within the State of California; the San Luis Obispo County
Emergency Services Director has proclaimed a local emergency; and the San Luis Obispo County
Public Health Director has declared a public health emergency related the spread of cases of
COVID-19 within the State of California and all recitals set forth therein, are included as though
fully set forth herein; and
WHEREAS, on March 19, 2020, the Governor issued Executive Order N-33-20, including
the Order of the State Public Health Officer mandating all individuals living in the State of
California to stay home or at their place of residence except as needed to maintain continuity of
operations of the federal critical infrastructure sectors and has issued subsequent orders permitting
phased re-opening and requiring continuing measures to mitigate the spread of COVID- 19; and
WHEREAS, the City of San Luis Obispo will be required to help enforce all restrictions
imposed by the State of California and by the County of San Luis Obispo acting as the heal th
agency; and
WHEREAS, the pandemic COVID-19 continues to spread worldwide and in the U.S.,
continuing to present an immediate and significant risk to public health and safety, and resulting
in serious illness or death to vulnerable populations, including the elderly and those with
underlying health conditions and is anticipated to continue to spread in response to phased re-
openings and significant heightened social interaction and group gatherings associated with recent
protest activity; and
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Resolution No. ______ (2021 Series) Page 2
R ______
WHEREAS, heightened levels of public health and safety planning and preparedness have
been necessitated in preparation for and response to confirmed cases of COVID-19 in the County
of San Luis Obispo, and rapid response not lending itself to otherwise applicable notice and
approval timelines has been and will be necessary to respond to the rapidly evolving pandemic and
its related, and to mitigate against the spread or resurgence of COVID-19 and its resulting mental
and physical health, social, and economic impacts, compromising the public health and safety; and
WHEREAS, in the absence of such actions, an escalation of the spread remains an
imminent threat and County wide health services may become overwhelmed and unable to keep
up with medical demand for care and availability of hospital or care facility capacity; and
WHEREAS, the pandemic and necessary federal, state, and local public health orders
requiring social distancing to prevent spread of COVID-19 have had and will continue to have
devastating economic impacts on the local community, including residents, businesses, employees
and City operations; and
WHEREAS, the City has instituted its Fiscal Health Contingency Plan in order to mitigate
against economic impacts of emergency response costs and significant revenue reductions and has
made drastic reductions to current and projected city costs through reductions in purchasing, limits
on hiring, capital improvement project deferrals, and furloughs of temporary and supplemental
staff; and
WHEREAS, Article 14, Section 8630, of the California Emergency Services Act requires
that the City Council review the need for continuing the Local Emergency at least every sixty (60)
days until such Local Emergency is terminated.
NOW, THEREFORE, BE IT PROCLAIMED AND RESOLVED by the City Council
of the City of San Luis Obispo that:
SECTION 1. All recitals set forth above, and all recitals included in support of Federal,
State, and County actions referenced herein, are adopted as though fully set forth herein as findings
in support of this Resolution; and
SECTION 2. A local emergency continues to exist throughout the City resulting from the
condition of extreme peril related to the pandemic of COVID-19, which, absent continuation of
preventative measures, and in the absence of widespread vaccination, is still deemed to be beyond
the control of normal protective service, personnel, equipment, and facilities of and within the
City; and
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Resolution No. ______ (2021 Series) Page 3
R ______
SECTION 3. Due to the severe economic impacts of COVID-19 and its economic impacts
on the community and the City organization and in order to prevent situations where developers
or contractors need to restart the discretionary review process or delay construction projects with
the need to reapply for permits or request individual extensions and to focus limited staff resources
on supporting the effective implementation of COVID-19 public health and safety compliance
measures for the protection of employees and customers of businesses within the City, and
enforcement of the highest priority provisions for the protection of the general health and safety
of the community, the Council deems it necessary to take the following actions related to the
continuing existence of a local emergency and in support of economic recovery therefrom:
1. Toll the expiration of all discretionary approvals covered by Municipal Code Section
17.104.070 from the declaration of the pandemic emergency (beginning January 27,
2020).
2. Automatically extend the life of all discretionary approvals covered by Municipal Code
Section 17.104.070 by one and a half years (18 months) after the termination of the
declared local emergency.
3. Automatically extend the life of all active building permits applications by one year, as
authorized by California Building Code Section 105.3.2.
4. Extend the life of all commercial cannabis business operator permits by a fixed period
of nine months from the original expiration date. If any operator’s permit currently
issued from the existing application period is not activated and expires or is deemed
abandoned at the conclusion of the period specified herein, the City shall open a
subsequent application period for any retail storefront permits available during which
applications from any previously qualified or permitted applicant may follow the
normal process to submit a new application, along with the applications of any new
applicants.
SECTION 4. All existing orders of the San Luis Obispo County Emergency Services
Director as currently in effect and as subsequently clarified, amended, modified or superseded by
subsequent action or order of the County Emergency Services Director, the County Public Health
Officer, and/or the County Board of Supervisors, are hereby expressly acknowledged and declared
to be enforceable within the City of San Luis Obispo as if directly enacted by the City Council
pursuant to San Luis Obispo Municipal Code Chapter 2.24 and shall be enforceable under
Municipal Code 2.24.100 until such time as terminated by the issuing authority.
SECTION 5. The proclamation of local emergency shall be deemed to continue to exist
until it is terminated by the City Council of the City of San Luis Obispo pursuant to a resolution
adopted by the City Council of the City San Luis Obispo or its Emergency Services Director.
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Resolution No. ______ (2021 Series) Page 4
R ______
SECTION 6. The City has been undertaking, and will continue through cessation of this
emergency to undertake, necessary measures and incur necessary and extraordinary costs, which
are directly related to the prevention of the spread of the COVID-19 Virus and are taken in
furtherance of: the Secretary of Health and Human Services Secretary’s determination that a public
health emergency has existed since January 27, 2020; City Council’s Proclamation of Local
Emergency on March 17, 2020 and subsequent proclamations of continuing local emergency the
Governor’s Proclamation of a State of Emergency on March 4, 2020 ; the President of the United
States’ Declaration of a National Emergency on March 13, 2020; the County Emergency Services
Director’s Proclamation of Local Emergency and the County Public Health Director’s Declaration
of a Public Health Emergency on March 13, 2020, and related orders, regulations and directions.
SECTION 7. During the existence of said local emergency, the powers, functions, and
duties of the Emergency Services Director and the Emergency Organization of this City shall be
those prescribed by state law, ordinances, and resolutions of this City and by the City of San Luis
Obispo Emergency Operations Plan, notwithstanding otherwise applicable procedures, timelines
or methods of action and the Emergency Services Director is expressly authorized to take any and
all actions in furtherance of emergency powers to address the local emergency.
SECTION 8. This resolution supersedes Council Resolution No. 11131 (2020 Series),
adopted by the City Council on June 16, 2020.
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Resolution No. ______ (2021 Series) Page 5
R ______
SECTION 9. A copy of this Resolution shall be posted on all outside public access doors
of City Hall of the City of San Luis Obispo and in one public place within any area of the City
within which this Resolution applies and personnel of the City of San Luis Obispo shall endeavor
to make copies of this order and regulation available to the news media.
Upon motion of _______________________, seconded by _______________________,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing Resolution was approved this _____ day of _____________________ 2021.
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Teresa Purrington
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, on ____________________________.
____________________________________
Teresa Purrington
City Clerk
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R _____
RESOLUTION NO. _______ (2021 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, APPROVING THE CITY OF SAN LUIS OBISPO
OUTDOOR PUBLIC SPACE EXPANSION TEMPORARY COVID-19
BUSINESS SUPPORT AND RECOVERY PROGRAM TO FACILITATE
COMPLIANCE WITH PUBLIC HEALTH ORDERS AND TO MITIGATE
ECONOMIC IMPACTS BY SUPPORTING LOCAL BUSINESSES AND
RESTAURANTS
WHEREAS, section 2.24.060 of the Municipal Code empowers the Emergency Services
Director to request that the City Council proclaim a local emergency when the City of San Luis
Obispo is affected or likely to be affected by a public calamity and the City Council proclaimed a
local emergency at its regular meeting on March 17, 2020 regarding the COVID-19 pandemic and
proclaimed the continuation of local emergency at its regular meetings of April 7, 2020 and May
8, 2020; and
WHEREAS, the Secretary of Health and Human Services Director issued a Determination
that a Public Health Emergency exists and has existed of January 27, 2020; and
WHEREAS, the President of the United States has declared a State of National
Emergency; the Governor of the State of California has proclaimed a State of Emergency for the
State of California and issued Executive Orders and direction regarding measures to mitigate the
spread of cases of COVID-19 within the State of California; the San Luis Obispo County
Emergency Services Director has proclaimed a local emergency; and the San Luis Obispo County
Public Health Director has declared a public health emergency related the spread of cases of
COVID-19 within the State of California and all recitals set forth therein, are included as though
fully set forth herein; and
WHEREAS, on March 18, 2020 the San Luis Obispo County Emergency Services
Director issued Local Emergency Order and Regulation No. 4 providing for mandatory shelter at
home regulations; and
WHEREAS, on March 19, 2020, the Governor issued Executive Order N-33-20, including
the Order of the State Public Health Officer mandating all individuals living in the State of
California to stay home or at their place of residence except as needed to maintain continuity of
operations of the federal critical infrastructure sectors; and
WHEREAS, on May 4, 2020, the Governor issued Executive Order N-60-20, directing all
residents of California to continue to obey State public health directives, as made available at
http://covid19. Ca.gov/stay-home-except-for-essential-needs/ and elsewhere as the State Public
Health Officer may provide; and
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Resolution No. ______ (2021 Series) Page 2
R _______
WHEREAS, on May 16, 2020, San Luis Obispo County Local Emergency Order and
Regulation No. 4 expired by its own terms and both the County and the City of San Luis Obispo
remain subject to stay at home and business operations regulation under Executive Order N-60-
20, as well as County of San Luis Obispo Local Emergency Order and Regulation No. 6 COVID-
19 Restricting the Use of Short-Term Lodging Facilities; and
WHEREAS, the City of San Luis Obispo will be required to help enforce all restrictions
imposed by the State of California and by the County of San Luis Obispo acting as the health
agency; and
WHEREAS, the County Emergency Services Director and Public Health Officer have
evaluated the continuing public health threat and determined the need for continuing regulations
of personal and business activities at the state level and of local short term lodging and eviction
protections, as well as compliance with state orders, at the local level and to mitigate the continuing
spread of the COVID-19 pandemic within the County; and
WHEREAS, the pandemic COVID-19 continues to present an present and imminent threat
to public health worldwide and in the U.S., resulting in serious present illness or death or an
immediate risk thereof to vulnerable populations, including the elderly and those with underlying
health conditions; and
WHEREAS, heightened levels of public health and safety planning and preparedness have
been necessitated in preparation for and response to confirmed cases of COVID-19 in the County
of San Luis Obispo, and rapid response not lending itself to otherwise applicable notice and
approval timelines has been and will be necessary to respond to the rapidly evolving pandemic and
its related, significant economic impacts, and to mitigate against the spread or resurgence of
COVID-19 and its resulting mental and physical health, social, and economic impacts,
compromising the public health and safety; and
WHEREAS, in the absence of such actions, an escalation of the spread remains an
imminent threat; and
WHEREAS, the pandemic and necessary federal, state, and local public health orders
requiring social distancing to prevent spread of COVID-19 have had and will continue to have
devastating economic impacts on the local community, including residents, businesses, employees
and City operations; and
WHEREAS, the City has instituted its Fiscal Health Contingency Plan in order to mitigate
against economic impacts of emergency response costs and significant revenue reductions and has
made drastic reductions to current and projected city costs through reductions in purchasing, limits
on hiring, and furloughs of temporary and supplemental staff; and
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Resolution No. ______ (2021 Series) Page 3
R _______
WHEREAS, due to the severe economic impacts of COVID-19 and its economic impacts
on the community and the City organization, the Council deems it necessary to suspend
enforcement of certain provisions of the City of San Luis Obispo Municipal Code specified below
to support social distancing requirements, effective public communication related to rapidly
transitioning business re-opening status, and economic viability of businesses in adhering to
permitted opening and social distancing requirements; and
WHEREAS, Article 14, Section 8630, of the California Emergency Services Act requires
that the City Council review the need for continuing the Local Emergency at least every sixty (60)
days until such Local Emergency is terminated; and
WHEREAS, the below measures are intended to provide economic relief to businesses
that are experiencing economic uncertainty while complying with State and County Orders.
Accordingly, the City will facilitate a temporary “pilot” program, which will include the
development and implementation of a plan to use the right-of-way, sidewalks and streets to help
maintain social distancing during the first few phases (stages) of reopening consistent with the
State’s Resilience Roadmap and continued economic support of businesses for uses such as
walking space, outdoor dining, and pick-up/delivery areas. The program would provide for
residents to receive the health and wellness benefits of being outdoors and support businesses with
enough space to safely physically distance.
WHEREAS, the program is established for the purpose of supporting and facilitating the
recovery of business and economic activity in the City by expanding the spaces available for the
safe conduct of such activities for City businesses and their customers and patrons to create more
physical distance for pedestrians and business patrons to maintain physical distancing; and nothing
herein is intended to nor shall be deemed to create open gathering places or public fora unrelated
to the intended business support and recovery purpose
WHEREAS, time is of the essence to quickly implement a program to allow for safe
physical distancing consistent with the State’s Resilience Roadmap and County Guidelines in
order to address both public health and economic impacts of COVID-19, as residents have been
primarily indoors since the initiation of the State and County Orders, this will be a dynamic
temporary program, receiving input from the City Council, and shall be subject to administrative
modification by the City, as authorized herein, as necessary in response to emerging issues or
concerns of public, health, safety or convenience.
NOW, THEREFORE, BE IT PROCLAIMED AND RESOLVED by the City Council
of the City of San Luis Obispo that:
SECTION 1. All recitals set forth above, and all recitals included in support of Federal,
State, and County actions referenced herein, are adopted as though fully set forth herein as findings
in support of this Resolution and, after considering all such findings and current local
circumstances the Council hereby declares the continuing existence of a local emergency related
to the continued threat of COVID-19 as it relates to public health and economic impacts; and
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Resolution No. ______ (2021 Series) Page 4
R _______
SECTION 2. City of San Luis Obispo Outdoor Public Space Program (OPEN SLO).
In order to support the re-opening of restaurants and other businesses in accordance with the State
Executive Order N-60-20, the City Council hereby directs and authorizes the City Manager to
implement the OPEN SLO program, which shall include the following six strategies that may be
used independently or in combination, along with continued implementation of the Sidewalk
Dining Ordinance, as outlined below:
A. Six Strategies Identified in the OPEN SLO Pilot Program:
1. Changes to traffic flow, including “Quick-build” improvements toward alignment
with the Downtown Concept Plan.
2. Short-term street closures, including short-term road closures in the Downtown and
in other areas of the City to facilitate safely distanced pedestrian circulation,
expanded outdoor dining, and customer queuing, pickup and waiting areas
associated with permitted business activities.
3. Conversion of selected on-street parking spaces to outdoor dining space or other
pedestrian uses (parklets), with consideration for at least one installation outside of
the downtown; use of the parklet may include:
i. Public sidewalk. No improvements other than rail and aesthetic treatments, to
create space for safely distanced pedestrian movement and customer queuing,
pickup, and waiting areas associated with permitted business activities.
ii. Table and Chair. Utilized by one or more businesses under the City’s “Table &
Chair” permit process and designated for exclusive use of the business, which
may include appropriate signage.
1. Appropriate signage means no more than 15 square feet per outdoor area.
iii. Sidewalk Café. Designated parklet for exclusive use by one business under the
City’s Sidewalk Café permit process.
4. Use of private and public parking lots for expansion of commercial uses.
Enforcement of current off-street parking requirements would be temporarily
suspended so that selected spaces in private parking lots could be converted to
seating or expanded retail space. The City could also permit use of spaces in public
parking lots through the Sidewalk Cafes Ordinance.
5. Conversion of Mission Plaza at set days and times for community and economic
recovery support uses, including tables and chairs for ‘to-go’ dining, space for
outdoor retail booths, art and culture pop-ups, which may include the closure of the
Broad Street ‘dog-leg’ and/or sections of Monterey Street.
6. Pop-ups to encourage and support additional ideas for outdoor space such as:
i. Develop guidelines and allow use of parts of the sidewalk for signage,
merchandise and queueing, where adequate sidewalk width exists consistent
with disabled access requirements and public safety.
ii. Develop guidelines and allow for pavement painting and planter box projects
initiated by neighborhoods to slow traffic, create painted bulb-outs or other
pedestrian-friendly adaptations.
iii. Support ‘traveling’ arts and culture events where exhibits or exhibitions are
allowed on public spaces for visitors to stroll by.
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iv. Have designated staff available and a clear process to streamline review and
approval of uses to ensure conformity with access and public health and safety
regulations.
B. Support Expansion of Sidewalk Dining in Support of Social Distancing through
application of the existing Sidewalk Dining Ordinance. For purposes of the temporary
program support and only for such period of time as such temporary program remains
in effect the following Sections of Chapter 5.50, Sidewalk Cafes, of the Municipal
Code shall be interpreted and applied as follows:
5.50.015: Permits Required.
The encroachment permit process shall be used for the purpose of evaluating,
establishing conditions applicable to, and approving all requests for revocable sidewalk
cafés permits, and tables and chairs permits, while the temporary program is in place.
5.50.020: Architectural review.
The Community Development Director shall use discretion conferred by this section to
process permit requests without a separate application for architectural review and
without public notice as may be otherwise specified by section 5.50.035 or other City
policy, unless required by state law.
5.50.030: Fees.
Fees associated with administrative approval of permits under this chapter for permits
shall be suspended while the temporary program is in place.
5.50.045.C: Required Operational Standards (Parking).
No additional parking will be required for permits approved under this chapter while
the temporary program is in place.
5.50.045.G: (Umbrellas, Awnings and street furniture)
Community Development Director may allow great flexibility with respect to the
design and appearance of outdoor furniture and barriers, consistent with standards for
the protection of public health and safety and subject to the approval of the City
Engineer.
5.50.050.A: Terms and expiration.
Sidewalk café permits approved while the temporary program is in place will not be
approved for an unlimited term and shall specify an automatic expiration date, unless
subsequently renewed.
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5.50.060.A: Revocation or Suspension of Permit
The City retains the right to revoke or suspend the permit upon twenty-four hours’
notice to the sidewalk café operator for any cause, regardless of conformance with the
provisions of the Sidewalk Dining Ordinance.
17.70.100.F.1: Lighting and Night Sky Preservation Exemptions
Low-intensity outdoor lighting fixtures used for architectural decoration may be
installed without Architectural Review, provided it shall not otherwise create a
nuisance or hazard for passing motorists, pedestrians, cyclists or other modes of
transportation, subject to the approval of the City Engineer.
SECTION 3. No facility, structure or improvement may be erected, constructed or placed
in the City Right of Way without the express written approval of the City Engineer and nothing
herein is intended to or shall be interpreted to convey any vested right in or to the continued use
or occupation of public or private property permitted, allowed or suffered by the City pursuant to
the temporary program herein.
SECTION 4. Continuing Enforcement of Conditions or Activities Posing a Threat to
Public Health, Safety or Welfare; Continued Enforcement of Permit Requirements for
Electrical, Plumbing, or Structural Components or Appurtenances and Encroachments into
Public Right of Way. Nothing herein is intended to or shall be deemed to relieve any person from
the obligation to obtain, or prohibit code enforcement for failure to obtain, any permits that would
otherwise be required under state law, the San Luis Obispo Municipal Code, or building and safety
codes adopted thereunder, including but not limited to:
A. Permits otherwise required for electrical, plumbing, or structural work performed
within the City.
B. Encroachment permits required for structures, uses and/or activities within the public
right of way, which may be issued at no cost by the City to facilitate physical distancing
and the reopening of businesses.
Further, nothing herein is intended to or shall permit or allow the erection or placement of any
permanent or temporary structure or improvement, on public or private property in violation of
any state or federal accessibility law, including the Americans With Disabilities Act, or to prohibit
or suspend code enforcement action deemed necessary by the Chief Building Official, the City
Engineer or any other authorized enforcement official of the City, to remedy or abate: a dangerous
condition or activity; any activity presenting an imminent threat of harm to the health, safety or
welfare of the community; any violation of state or federal accessibility law; or any unauthorized
activity on private property or in the public right of way.
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SECTION 5. Environmental Review. As a result of the COVID-19 public health
emergency, the City of San Luis Obispo proposes a temporary program to use the right-of-way,
sidewalks and streets to help maintain social distancing during the first few phases (stages) of
reopening consistent with the State’s Resilience Roadmap and provide for residents to receive the
health and wellness benefits of being outdoors and support businesses with enough space to safely
physically distance. The proposed project is exempt from environmental review pursuant to the
California Environmental Quality Act (CEQA) as followed:
A. The project is statutorily exempt under State CEQA Guidelines Section 15269
(Emergency Projects), because the temporary program includes specific actions that
would allow for safe physical distancing consistent with the State’s Resilience
Roadmap and County and State Guidelines in order to mitigate the COVID-19 public
health emergency.
B. The project is categorically exempt under State CEQA Guidelines Section 15301
(Existing Facilities) because the actions identified in the program are limited to the
permitting, leasing, and minor alteration of existing public facilities, including existing
streets, sidewalks, bicycle and pedestrian trails, which would not result in the creation
of additional automobile lanes. The program would result in a negligible expansion of
existing commercial uses and a negligible expansion of the public’s use of City right-
of-way, as the uses included in the temporary program would not vary from the current
uses of commercial businesses, residential areas, or public access within the City’s
right-of-way.
SECTION 6. Notwithstanding any other City policy or procedure, the City Engineer shall
be authorized to review and approve on behalf of the City any and all design and construction
necessary as part of the temporary program herein and the City Manager shall be authorized to
allow and accept on behalf of the City any and all donations of time, materials, labor, professional
services and/or funds in support of the temporary program herein without further action of the City
Council.
SECTION 7. All current and prior emergency and public health orders as currently enacted
and in effect, or as subsequently amended or modified, issued by the Governor, the State or County
Public Health Official or the City or County Emergency Services Director are expressly adopted
and shall be enforceable as if directly enacted by the City Council pursuant to Chapter 2.24 of the
San Luis Obispo Municipal Code.
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SECTION 8. This resolution supersedes Council Resolution No. 11118 (2020 Series),
adopted by the City Council on May 22, 2020, and extends the term of the OPEN SLO program
through the end of 2021 or 180 days following termination of the City’s emergency declaration,
whichever comes later.
SECTION 9. A copy of this Resolution shall be posted on all outside public access doors
of City Hall of the City of San Luis Obispo and in one public place within any area of the City
within which this Resolution applies and personnel of the City of San Luis Obispo shall endeavor
to make copies of this order and regulation available to the news media.
Upon motion of ___________________, seconded by ________________, and on the
following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing Resolution was approved this ____ day of __________ 2021.
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Teresa Purrington
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, on ____________________________.
____________________________________
Teresa Purrington, City Clerk
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Department Name: Finance
Cost Center: 2001
For Agenda of: March 16, 2021
Placement: Consent
Estimated Time: N/A
FROM: Brigitte Elke, Finance Director
Prepared By: Esteban Cano, Financial Analyst – Infrastructure Financing
SUBJECT: CONSIDER AMENDING THE RATE AND METHOD OF APPORTIONMENT
FOR CITY OF SAN LUIS OBISPO COMMUNITY FACILITIES DISTRICT
NO. 2019-1 (SAN LUIS RANCH), AND RELATED MATTERS
RECOMMENDATION
Adopt a Resolution of consideration to amend the rate and method of apportionment (RMA) for
the City of San Luis Obispo Community Facilities District No. 2019-1 (San Luis Ranch) and
related matters.
DISCUSSION
Background
On July 18, 2017, the City Council approved the San Luis Ranch Specific Plan. The approved
plan allows for a variety of residential and non-residential development on 131 acres located in
previously unincorporated San Luis Obispo County, between Madonna Road and U.S. Highway
101, south of Dalidio Drive, and is identified by APN 067- 121- 022. The Development
Agreement and an amendment to the Specific Plan was subsequently approved by the City
Council on July 17, 2018 and provided the basis for the annexation of the parcel in question and
therefore, the future formation of the City of San Luis Obispo Community Facilities District No.
2019-1 (San Luis Ranch) (the “CFD”) pursuant to the Mello-Roos Community Facilities Act of
1982, as amended (Section 53311 et seq. of the Government Code of the State of California) (the
“Act”).
On October 18, 2018, the San Luis Obispo Local Agency Formation Commission subsequently
approved the City’s application to annex the San Luis Ranch site. A Final Tract Map for the first
phase of the project was approved by the City Council on November 27, 2018. These actions
were necessary to allow for future development to occur on the site, which will be facilitated and
financed to a large extent by the formation of the CFD.
On February 19, 2019, the City Council, as the legislative body of the CFD, adopted a
Resolution of Intention, including the Rate and Method of Apportionment (RMA) that specified
the special tax to be levied by and within the CFD. Following public hearings conducted
pursuant to the provisions of the Act on April 2, 2019, the City Council adopted resolutions
establishing the District and calling special elections to submit the levy of the special taxes and
the incurring of bonded indebtedness to the qualified voters of the District.
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The Council further approved an amendment of the RMA to include minor clarifications that did
not increase the maximum special tax or add territory to the District. Also, on April 2, 2019, at
an election held pursuant to the Act, the landowner who comprised the qualified voters of the
District (the Master Developer), authorized the District to incur bonded indebtedness in the
aggregate principal amount of not to exceed $25,000,000 to be secured by the levy of special tax
on taxable property within the CFD.
Since for the formation of the CFD in 2019, some permissible changes to the planned
development have occurred. As a result, the developers have requested that the RMA be
amended to reflect those changes. Specifically, these changes include the sale of all multi -family
units within the high-density residential area (at the time, some units were expected to be
maintained by the builder as units for rent). In addition, the City Council has authorized the
relocation of 22 affordable housing units from the multi-family site to the commercial site as part
of a mixed-use project to be development by People’s Self-Help Housing Corporation. Those
units were previously excluded from the undeveloped special tax but can now be included.
The updated RMA is attached separately as Attachment B. The changes to the RMA include (1)
an addition of an undeveloped special tax on the property expected to be developed into for-sale
efficiency units, (2) a leveling of the special tax for the multifamily residential units so that it is
based on type, not square footage, and (3) a clarification to the treatment of any low -income
units added to the CFD after the date of the RMA.
Next Steps
The Resolution of Consideration to amend the RMA is the first step in the proceedings and
ballots will be sent to property owners following the adoption of the resolution. On April 20,
2021, staff will return to the Council to report on the ballot measure. The Council will hold a
public hearing to verify no majority protest against the amendment has been received and adopt a
Resolution of Change that amends the RMA and the annual special tax assessment that secures
the bond issuance for the CFD and other related resolutions pertaining to the amendment of the
RMA.
Policy Context
The approved San Luis Ranch Specific Plan and related entitlements are consistent with the
City’s adopted General Plan, and findings to that effect were made in both the original project
approved in July 2017 as well as the amended project approval in August 2018. An evaluation of
the project’s consistency with General Plan policies is discussed at length in Section 4.9 of the
certified Final Environmental Impact Report.
The Specific Plan requires that funding mechanisms be included to ensure that public
infrastructure is coordinated with future development under the plan. The formation of a CFD
was consistent with this requirement. A CFD, as enabled by the Community Facilities District
Act of 1982, allows a local jurisdiction to levy a special tax within a specified area to pay for
public services and/or infrastructure needed within the area. Over the past three decades, CFDs
have become a common mechanism for cities to fund services and finance development-related
infrastructure, and the use of a CFD, in this case, is consistent with the City’s Economic
Development Strategic Plan and the General Plan.
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The General Plan provides specific policies related to the funding of infrastructure noted below:
1.13.6. Required Plans: The City shall not allow the development of any newly annexed private
land until the City has adopted a specific or development plan for land uses, open space
protection, roads, utilities, the overall pattern of subdivision, and financing of public facilities for
the area.
1.13.9. Costs of Growth: The City shall require the costs of public facilities and services needed
for new development to be borne by the new development unless the community chooses to help
pay the costs for a certain development to obtain community-wide benefits. The City shall
consider a range of options for financing measures so that new development pays its fair share of
costs of new services and facilities which are required to serve the project, and which are
reasonably related to the new growth attributable to the development.
The revisions recommended to the RMA are consistent with these General Plan policies.
Public Engagement
The Planning Commission considered and provided input on the originally approved San Luis
Ranch project on nine occasions from 2014 through 2017, before finally recommending approval
in June 2017. As noted under “Previous Council or Advisory Body Action,” the appr oved project
was considered in a variety of public workshops and hearings before many of the City’s advisory
bodies from 2014 through project approval as amended in 2018.
On February 19, 2019, the City Council held a public hearing regarding the potential formation
of a CFD, after which it adopted a Resolution of Intention to form a CFD.
For the proposed amendments to take effect, a public hearing must be held and the qualified
electors within the Community Facilities District must approve the proposed amendments by a
two-thirds vote. As the Community Facilities District is uninhabited, or inhabited by fewer than
12 registered voters, the qualified electors are, pursuant to the Act, the owners of property within
the CFD.
CONCURRENCE
The Community Development Department concurs with the recommendations contained within
this report.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to the recommended action in this
report, because the action does not constitute a “Project” under CEQA Guidelines Sec. 15378.
FISCAL IMPACT
Budgeted: N/A Budget Year: 2020-21
Funding Identified: N/A
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Fiscal Analysis:
Funding Sources Current FY Cost
Annualized
On-going Cost
Total Project
Cost
General Fund N/A
State
Federal
Fees
Other:
Total N/A N/A N/A
There will be no fiscal impact related to the amendment. The RMA was made by a consultant
that will get paid from the special tax proceeds for the CFD, as well as the City’s costs involved
in establishing and administering the San Luis Ranch CFD. The financial analysis conducted for
the formation process has considered and budgeted these costs.
ALTERNATIVES
1. Do not adopt the Proposed Resolution. The City Council could choose not to adopt the
proposed resolution, in which case the CFD process is not completed. In this case, the project
will not move forward without the amendment to the Rate Method of Apportionment to
increase the special tax assessment to, among other things, provide for an undeveloped tax on
all of the planned multifamily housing within the Community Facilities District. This action
would also impair the ability to build the Prado Road Interchange in the near future since that
project depends in part on fees generated by the approved project.
2. Direct modifications and continue the Hearing to a Date Certain. The City Council may
continue the hearing to a date certain if it feels additional technical information is needed to
complete the CFD process. If additional information is needed, the direction should be
provided to staff so that it can be presented on that date.
Attachments:
a - Draft Resolution of Consideration
b - COUNCIL READING FILE - Amended RMA
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RESOLUTION NO. _____ (2021 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, OF CONSIDERATION TO AMEND THE RATE
AND METHOD OF APPORTIONMENT FOR CITY OF SAN LUIS OBISPO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (SAN LUIS RANCH),
AND RELATED MATTERS
WHEREAS, the City Council (the “City Council”) of the City of San Luis Obispo (the
“City”) conducted proceedings under and pursuant to the terms and provisions of the “Mello-Roos
Community Facilities Act of 1982,” being Chapter 2.5, Part 1, Division 2, Title 5 (beginning with
Section 53311) of the Government Code of the State of California (the “Act”), (i) to form a
community facilities district known as “City of San Luis Obispo Community Facilities District
No. 2019-1 (San Luis Ranch)” (the “Community Facilities District”), (ii) to authorize a special tax
to finance certain public facilities, (iii) to authorize the issuance of debt to finance the facilities,
and (iv) to establish the appropriations limit for the Community Facilities District, all as set forth
in the City Council’s Resolution No. 10998 (2019 Series) (the “Resolution of Formation”), adopted
on April 2, 2019; and
WHEREAS, the authorized rate and method of apportionment and manner of collection
of the special tax for the Community Facilities District, is set forth in Exhibit B to the Resolution
of Formation; and
WHEREAS, Presidio MI SLR 198, LLC, Presidio WH SLR 83 SFR, LLC, WH SLR 80,
LLC, Presidio MI SLR 96, LLC, and Williams Communities, LLC (together, the “Owners”), the
owners of the land subject to the special tax within the Community Facilities District, have
requested that the authority to levy the special taxes be amended to, among other things, provide
for an undeveloped tax on all of the planned multifamily housing within the Community Facilities
District; and
WHEREAS, these proposed changes in the authority conferred upon the City Council by
the Community Facilities District are referred to herein as the “Proposed Amendments”; and
WHEREAS, the City Council previously adopted its Resolution No. 10986 (2019 Series)
on February 19, 2019, describing the facilities to be financed through the Community Facilities
District, and no change to the facilities is contemplated here; and
WHEREAS, there has been no change in the name of the Community Facilities District
since its formation, nor is any contemplated here; and
WHEREAS, the boundaries of the Community Facilities District are shown on the
boundary map approved by Resolution No. 10986 (2019 Series), adopted on February 19, 2019,
which map was recorded in the official records of the County of San Luis Obispo on March 5,
2019, in Book 6 of Maps of Assessment and Community Facilities Districts at page 12, and there
has been no change in the boundaries of the Community Facilities District since its formation, nor
is any contemplated here; and
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WHEREAS, the City Council has determined that the public convenience and necessity
require the consideration of the Proposed Amendments; and
WHEREAS, the City Council is fully advised in this matter.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. The City Council hereby specifically finds and declares that the actions
authorized hereby constitute and are with respect to public affairs of the City and that the
statements, findings, and determinations of the City set forth above are true and correct and that
the consideration of the Proposed Amendments to the authority conferred upon the City Council
by the Community Facilities District is important to the public welfare of the residents of the City,
and involve significant public benefits.
SECTION 2. It is proposed to replace the Rate and Method of Apportionment, as set forth
in Exhibit B to the Resolution of Formation, with the Amended and Restated Rate and Method of
Apportionment, as set forth in Exhibit A hereto.
SECTION 3. The City Council hereby sets Tuesday, April 20, 2021, at 6:00 p.m., or as
soon thereafter as the City Council may reach the matter, via teleconference as the time and place
for a public hearing to be held by the City Council to consider the Proposed Amendments and all
other matters set forth in this resolution. At the public hearing, any persons interested, including
all taxpayers, property owners, and registered voters within the Community Facilities District, may
appear and be heard, and the testimony of all interested persons or taxpayers for or against the
adoption of the Proposed Amendments or on any other matters set forth herein, will be heard and
considered. In the event the April 20, 2021 City Council meeting is held via teleconference and/or
videoconference only, the means by which the public may observe such public hearing and offer
public comment shall be prescribed in the agenda notice for such City Council meeting.
SECTION 4. Any protests to the proposals in this resolution may be made orally or in
writing by any interested persons or taxpayers, except that any protests pertaining to the regularity
or sufficiency of these proceedings must be in writing and must clearly set forth the irregularities
and defects to which objection is made. The City Council may waive any irregularities in the form
or content of any written protest and at the public hearing may correct minor defects in the
proceedings. All written protests not presented in person by the protester at the public hearing
must be filed with the City Clerk at or before the time fixed for the pub lic hearing in order to be
received and considered. Any written protest may be withdrawn in writing at any time before the
conclusion of the public hearing.
SECTION 5. Written protests by a majority of the registered voters residing and registered
within the Community Facilities District (if at least six such voters so protest), or by the owners
of a majority of the land area within the Community Facilities District not exempt from the special
tax, will require suspension of these proceedings for at least one year. If such protests are directed
only against certain elements of the Proposed Amendments, only those elements need be excluded
from the proceedings.
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SECTION 6. The public hearing may be continued from time to time, but shall be
completed within 30 days, except that if the City Council finds that the complexity of the
Community Facilities District or the need for public participation requires additional time, the
public hearing may be continued from time to time for a period not to exceed 6 mont hs.
SECTION 7. At the public hearing, the City Council may modify this resolution by
eliminating or modifying (by reducing the extent of) any of the Proposed Amendments.
SECTION 8. At the conclusion of the public hearing, the City Council may abandon these
proceedings or may, after passing upon all protests, determine to proceed with conducting special
mailed-ballot elections within the Community Facilities District to determine if the Proposed
Amendments should be adopted. If, at the conclusion of the public hearing, the City Council
determines to proceed with the elections, it expects that the proposed voting procedure will involve
an election by the landowners within the Community Facilities District voting in accordance with
the Act, as the City Council is informed that during the 90 days prior to the date set for the hearing,
there were no registered voters residing within the Community Facilities District. The City
Council will require this information to be confirmed before ordering the election.
SECTION 9. The City Clerk shall give notice of the time and place of the public hearing
by publishing a Notice of Public Hearing substantially in the form attached hereto as Exhibit B
once in a newspaper of general circulation published in the area of the Community Facilities
District, pursuant to section 6061 of the California Government Code, and publication must be
completed at least seven days prior to the date set for such public hearing.
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SECTION 10. Resolution shall take effect immediately upon its adoption.
Upon motion of _______________________, seconded by _______________________,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _____________________ 2021.
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Teresa Purrington
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, on ____________________________.
____________________________________
Teresa Purrington
City Clerk
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Department Name: Administration
Cost Center: 1005
For Agenda of: March 16, 2021
Placement: Study Session
Estimated Time: 60 minutes
FROM: Greg Hermann, Deputy City Manager
Prepared By: Robert Hill, Sustainability & Natural Resources Official
SUBJECT: STUDY SESSION: OPEN SPACE WINTER EVENING HOURS OF USE
RECOMMENDATION
With the recent conclusion of the Open Space Winter Evening Hours of Use Pilot Program
(“Pilot Program”) the following near-term actions are recommended:
1. Receive and file the final summary report for the Pilot Program (Attachment A); and
2. Provide direction regarding any future open space winter evening hours of use that the City
Council may wish to consider.
REPORT-IN-BRIEF
In response to public testimony and City Council direction, staff implemented a temporary Pilot
Program at the Cerro San Luis Natural Reserve to allow for expanded hours of use during the
winter months when daylight savings time is not in effect. To enable the Pilot Program, the City
Council approved Resolution No. 10858 (2018 Series) and adopted Mitigated Negative
Declaration (MND) pursuant to the California Environmental Quality Act. Four mitigation
measures were identified and implemented, including a reservation-based permit system to allow
only 65 visitors per evening consistent with prior levels of baseline use. A total of 3,160 permits
were issued during the 2018-19 season, 2,747 permits were issued during the 2019-20 season,
and 2,702 permits were issued during the 2020-21 season. In total, 7,783 permits were issued, of
which 826 were bikers and 6,957 were hikers.
At this time, staff is seeking direction regarding any future open space winter evening hours of
use that the City Council may wish to consider. Primary options to help facilitate Council
discussion are recommended to continue to center around hours of use at Cerro San Luis Natural
Reserve only, due to site constraints and site selection criteria, and include: 1. Allow for ongoing
open space winter hours of use, 2. Allow for limited ongoing open space winter hours of use, and
3. Discontinue open space winter hours of use. Should Council provide direction to proceed
with some form of a permanent program, it is recommended that that the City’s Open Space
Regulations (Municipal Code chapter 12.22) and the Cerro San Luis Natural Reserve
Conservation Plan (2005) be updated to reflect this intent and to provide consistency. This
option will require near-term resources to prepare this documentation and associated
environmental impact analysis, as well as long-term resources to provide expanded staffing for
ongoing operations.
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DISCUSSION
Background
The City of San Luis Obispo owns and manages over 4,000 acres of open space lands that
feature a trail network totaling over 55 miles for passive recreation purposes. The City’s current
Open Space Regulations allow for passive recreational use of these properties from one hour
before sunrise until one hour after sunset, unless otherwise approved by the Parks and Recreation
Director (SLO Muni Code 12.22; 1998).
On August 16, 2016, in response to public testimony regarding a request for reconsideration of
the City’s published hours of use for open space, a majority of the City Coun cil directed staff to
bring back on a future agenda a project plan for revising the ordinance limiting public access of
the open space from dusk to dawn.
On February 21, 2017, a majority of the City Council voted (4-1) to receive and file the Project
Plan for evaluation of the Open Space hours of use regulations as a Consent Agenda item.
Numerous individuals and interested groups provided written public comments, as well as
testimony at the hearing.
The City Council provided parameters including eliminating from consideration any extended
hours of use at the Bishop Peak Natural Reserve and to consider winter hours up to a level
commensurate with summer hours of use.
On March 21, 2017, the City Council received and filed the staff -prepared report, An Evaluation
of Hours of Use for City of San Luis Obispo Open Space and conducted a study session to
receive public input and testimony regarding Open Space hours of use and regulations. At that
meeting, a majority of Council members (4-1) directed staff to bring back an approach for
Council consideration that would allow for limited, site specific expanded hours of use,
including the possibility of a pilot program that would allow for additional data to be collected
and the ability to scale back down, if needed.
On January 16, 2018, the City Council approved Resolution No. 10858 (2018 Series) authorizing
the two-year Pilot Program and adopted a Mitigated Negative Declaration pursuant to the
California Environmental Quality Act (3-2: Council Agenda Report and Council Minutes,
January 16, 2018).
On November 17, 2020, in the absence of prior opportunities to seek City Council direction on
next steps for the Pilot Program due to the City’s COVID-19 pandemic emergency response, the
City Council approved a temporary, one-year extension of the Pilot Program and adopted an
Addendum to the Mitigated Negative Declaration pursuant to the California Environmental
Quality Act (4-0).
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Pilot Program at Cerro San Luis Natural Reserve – Final Summary
The Council Agenda Report from January 16, 2018 stated, “at the conclusion of the pi lot
program, staff will prepare a summary report of the pilot program for Council’s consideration,
and at that time would seek further guidance based on the levels of use during the pilot program
and evaluation of the data collected.” This report is provided as Attachment A.
In accordance with Council direction and approval, staff implemented a pilot program at the 118 -
acre Cerro San Luis Natural Reserve (the “Reserve”) that included a detailed and specific project
description allowing extended evening hours of use for passive recreational purposes along
approximately 4.9 miles of trails during the winter months when daylight savings time is not in
effect. The Pilot Program took place during the winter season with the change of daylight
savings time for 2018-19 (Sunday, November 4 to Sunday, March 10), 2019-20 (Sunday
November 3 to Sunday March 8), and 2020-21 (Sunday, November 1 to Sunday March 14).
During these time periods, public use was extended, between one hour before sunrise until 8:30
PM. This use was managed, monitored, and patrolled by Parks and Recreation Ranger Services
staff nightly. Further, it was limited to 65 users a night which required a free permit through an
on-line reservation process to secure a receipt of a paper or e-permit through Parks and
Recreation Ranger Services. At the conclusion of each year of the Pilot Program, the hours of
use for the public returned back to the established one hour before sunrise through one hour after
sunset (MC 12.22.050B).
No change to the City’s existing Open Space Regulations [Municipal Code 12.22, adopted by
Ordinance 1332 § 1 (1998)] was required to implement this limited-duration pilot program over
the course of two winter seasons:
12.22.050(B.): Presence in Open Space Lands Restricted to Certain Hours—No
Overnight Usage. Open space lands where public access is permitted shall be
open to the public from dawn to dusk. It shall be unlawful to enter or remain
within such lands between one hour after sunset and one hour before sunrise of
the following day without approval from the director (emphasis added).
The Pilot Program, therefore, was implemented under the Parks and Recreation Director’s
existing authority to approve additional hours of use pursuant to 12.22.050(B). All other
provisions of the City of San Luis Obispo’s Open Space Regulations remained in effect.
During the course of the Pilot Program, Ranger Service personnel provided oversight and
additional patrol of the Reserve during the published timeframes. Ranger Service and Natur al
Resources Program staff also deployed an EcoCounterTM device to track frequency of human use
and hours of use at the Reserve, as well as a new reservation permitting system in order to ensure
that use during expanded hours remained commensurate with existing average daily baseline use
of 65 individuals. Four wildlife game cameras were installed, and field surveys were conducted
by Terra Verde Environmental to monitor and track nocturnal wildlife species composition and
any observable and notable wildlife activity and behavior.
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A website-based application, or “App” was developed specifically for the Pilot Program by the
firm iiiDesign and implemented for interested parties to secure the necessary permit for evening
hours of use. A total of 3,160 permits were issued during the 2018-19 season, 2,747 permits
were issued during the 2019-20 season, and 2,702 permits were issued during the 2020-21
season. In total, 7,783 permits were issued, of which 826 were bikers and 6,957 were hikers
based on self-designation at the time of permit reservation. During all three seasons, in general,
less than the full amount of permits available were reserved during the months of November and
January through March. During the holiday season in December, however, permits were
typically fully subscribed, and Ranger Service had to turn away numerous parties interested in
accessing the Reserve at the trailhead and instances of non-compliance were tracked.
Policy Context
The City’s policy framework for open space management expr esses a clear preference for natural
resource protection as a primary management goal while allowing passive recreation and other
uses as secondary or tertiary priorities when compatible. The following programs, policies, and
goals from the Conservation and Open Space Element of the City’s General Plan (2006) are
pertinent to the evaluation of the Open Space hours of use issue: 7.0 - Background; 7.2 -
Sustainable natural populations; 7.3.3 - Wildlife habitat and corridors, 8.4.2 - Open Space access
and restoration; 8.5.1 - Public access; 8.5.5 - Passive Recreation; 8.5.6 - Determination of
appropriate uses for City-owned open space; and, Appendix C - Management of Open Space
Lands.
Further discussion of this policy framework can be found in the staff -prepared policy analysis,
An Evaluation of Hours of Use for City of San Luis Obispo Open Space that was included with
the March 21, 2017 City Council Agenda Packet on this item, as well as in the Biological
Resources section of the Mitigated Negative Declaration that was adopted by the City Council on
January 18, 2018.
Public Engagement
Staff conducted public engagement activities in accordance with the project plan and the City’s
Public Engagement and Noticing Manual during the initial process of preparing and designing
the Pilot Program. To better understand stakeholder concerns and preferences, informal
interviews and communications were conducted in February 2017 with the Environmental
Center of San Luis Obispo (ECOSLO), the Santa Lucia Chapter of the Si erra Club, the Land
Conservancy of San Luis Obispo County, Central Coast Concerned Mountain Bikers, SLO Trail
Runners, as well as various individuals. This topic generated considerable public interest during
the course of 2017 as demonstrated by significant levels of written and verbal comments at the
City Council meetings, in print and social media outlets, and with an online petition that was
submitted to the City Council. Staff have also been in contract with neighboring property
owners.
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Potential Options for Next Steps for City Council Consideration
There are a variety of possible options that Council might wish to consider. As background, it is
important to recall that a variety of criteria were identified for site selection of where expanded
winter hours of use would be most appropriately located, concluding that Cerro San Luis Natural
Reserve bests meets these criteria. Through the course of public input and Council discussion,
primary considerations have been related to concerns about potential impacts to nocturnal
wildlife and neighborhood compatibility along with direction to select a site that would be
meaningful to members of the public that are seeking expanded hours of use during the winter
months. Site selection, in summary, was based on: 1) avoiding open space properties connected
to core habitat areas where wildlife use is thought to be most prolific; 2) avoiding neighborhood
trailheads; and, 3) open space properties that present reduced challenges for emergency response
access. Primary options to help facilitate current Council discussion are therefore recommended
to continue to center around hours of use at Cerro San Luis Natural Reserve only, as no other
City open space properties meet with these criteria, and are further detailed below:
Allow for ongoing open space winter hours of use
Should Council wish to continue with open space winter evening hours of use and access at
Cerro San Luis Natural Reserve on an ongoing basis, it is recommended that the City’s Open
Space Regulations (Municipal Code chapter 12.22) be updated in order to reflect this intent. It is
further recommended that the Cerro San Luis Natural Reserve Conservation Plan (2005) be
updated to reflect an expanded evening use of the property, while also providing an opport unity
to update the natural resources inventory and mapping of the current trail system. This option
will require near-term resources to prepare this documentation and associated environmental
impact analysis, as well as long-term resources to provide expanded staffing for ongoing
operations.
Allow for limited ongoing open space winter hours of use
It is noteworthy that during the course of the Pilot Program, daily use was significantly higher
during the month of December in the period when the holiday lights are up at the top of the
mountain. While it was not the initial intent of the Pilot Program to facilitate access for this
purpose, our experience has been that this local tradition has become the dominant use pattern.
This option contemplates a shorter duration revision to allowed hours of use during the month of
December only.
Discontinue open space winter hours of use
Discussions beginning in 2016 about allowing some form of open space access during winter
months when daylight savings time is not in effect have been perhaps the most controversial
topic the City has ever confronted with its open space program. At its essence, those that oppose
expanded winter use take note that it is not consistent with the spirit and intent of the City’s open
space policy framework. As a practical matter, the program has been very burdensome for
Natural Resources and Ranger Service staff and it is anticipated that moving forward with some
form of a permanent program will come at the expense of other Council prio rities. Further, other
options exist within the region where evening hours of use are accommodated, such as at
Montana de Oro and within the Los Padres National Forest.
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CONCURRENCE
The Parks and Recreation Department, whose Ranger Service staff have administered the Pilot
Program over the past three seasons, concur with the content contained herein.
ENVIRONMENTAL REVIEW
There is no environmental review necessary or required to conduct a study session. Should the
City Council elect to direct staff to pursue some form of continuation of the expanded hours of
use when daylight savings is not in effect during winter months, staff would take immediate
action to retain the services of a professional environmental consulting firm to determine the
need for any technical studies and to conduct the environmental review process.
Existing Environmental Review
An Initial Study and Environmental Review was prepared for the Pilot Program that concluded
that significant impacts on the environment could occur, but those impacts would be reduced to
less than significant with mitigation measures. Potentially significant impacts were identified in
the area of Biological Resources and four mitigation measures were incorporated.
Following the conclusion of the planned two-year Pilot Program, the City was not in a position
to temporarily continue the Pilot Program as desired without subsequent environmental review
steps because the project description in the City Council’s adopted Mitigated Negative
Declaration (MND) was specific that this would be a two-year pilot program with exact dates of
implementation indicated. Accordingly, an Addendum to the existing MND that extended the
Pilot Program temporarily, for one year only, with no other changes, was considered and adopted
by the City Council.
FISCAL IMPACT
Budgeted: No Budget Year: 2020-21; 2021-22
Funding Identified: No
Fiscal Analysis:
Funding Sources Current FY Cost
Annualized
On-going Cost
Total Project
Cost
General Fund $150,000 $25,000 $175,000
State
Federal
Fees
Other:
Total $150,000 $25,000 $175,000
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Project Budget Estimate for 2021-23:
Funding Uses Current FY Cost
Annualized
On-going Cost
Total Project
Cost
Environmental Review
and Technical studies
$100,000 $100,000
Ranger Service staff
time
$30,000 $20,000 $50,000
Natural Resources &
City Attorney staff time
$20,000 $5,000 $25,000
Total $150,000 $25,000 $175,000
Direct fiscal impacts associated with the Pilot Program consisted of expenditures and purchasing
of new field equipment, printing costs for the new educational materials and signs, biological
surveys, and creation and implementation of the reservation-based permit system. Both direct
costs and staffing costs have been supported by the operating budgets for Ranger Service and
Natural Resources Program. It should be noted that no additional resources were allocated to
plan for and conduct the Pilot Program.
As noted in the Environmental Review section, above, should the City Council elect to direct
staff to pursue some form of continuation of the expanded hours of use when daylight savings is
not in effect during winter months, staff would take immediate action to retain the services of a
professional environmental consulting firm to determine the need for any technical studies and to
conduct the environmental review process. Based on prior experience, staff estimates that this
could cost in the range of $50,000 to $100,000 depending on Council’s direction and the scope
of services that may be required (note: for budget estimating purposes, the high side of this range
is reflected in the tables above). Additional staff time to prepare an ordinance revision and
update of the Cerro San Luis Natural Reserve Conservation Plan are estimated at $20,000.
Appropriate levels of Ranger Service staff resources are also necessary and are estimated at
$25,000 for ongoing oversight, patrol, and monitoring efforts; their staff hours and availability
are already constrained at this time, prior to any consideration of a permanent program, due to
their role with homelessness response and creek clean-up efforts, as well as the expansion of the
City open space system over the past five years.
Staff would therefore need to bring forward additional funding requests as part of the 2021-23
Financial Plan process that would be necessary to implement and administer some form of a
permanent program, if directed by the City Council.
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ALTERNATIVES
Alternatives that the City Council may wish to consider include, but are not limited to:
1. Request that staff provide additional information and analysis prior to taking further action.
2. Direct staff to pursue one of the courses of action described above to continue Open Space
Winter Hours of Use programming and return to Council for adoption. Council may also
consider combinations or variations thereof.
3. Direct staff to take no further action on Open Space Winter Hours of Use programming and
discontinue future work efforts.
Attachments:
a - COUNCIL READING FILE - Open Space Winter Evening Hours Pilot Program - Final
Summary Council Memo
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Department Name: Community Development
Cost Center: 40400
For Agenda of: March 16, 2021
Placement: Study Session
Estimated Time: 60 minutes
FROM: Michael Codron, Community Development Director
Prepared By: Cara Vereschagin, Housing Coordinator
Rachel Cohen, Associate Planner
Teresa McClish, Special Projects Manager
SUBJECT: STUDY SESSION: HOUSING UPDATE
RECOMMENDATION
Receive an update on state housing legislation, the Housing Element Certification process, and
the implementation of the City’s housing programs.
REPORT-IN-BRIEF
The following report provides detailed information regarding the City’s housing programs,
including recent State housing-related laws, Sixth Cycle Housing Element certification, a status
update on the implementation of programs, and information regarding the City’s Affordable
Housing Fund and pipeline 100% affordable housing projects. The report provides up-to-date
information on each topic, discussion of City’s role and response and identifies next steps for
each topic area.
DISCUSSION
State Housing Laws
The 2020 California Legislative Session ended with new bills in response to the State’s ongoing
housing crisis and COVID-19 pandemic. Governor Gavin Newsom signed legislation designed
to “tidy-up” existing housing provisions to further the goal of housing development and
affordability1. This new legislation is impactful to the City as it creates new requirements of
which staff will need to be cognizant and incorporate into City practices and codes. Numerous
professional organizations provided information regarding these bills, including the American
Planning Association, League of California Cities, San Luis Obispo Legal Assistance
Foundation, and the following law firms: Holland and Knight, Gibson Dunn, and Best Best &
Krieger.
1 Reports on prior housing-related legislation are achieved on the City’s website via the corresponding cycles: 2017
and 2019.
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An initial summary collected from the opinions of the above entities, as well as any initial action
items and foreseen impacts to the City, are provided in Attachment A for new State laws,
pertinent for the City. Note that several other housing-related laws were passed in the 2020
Legislative Session; however, some are specific to regional areas and jurisdictions outside of San
Luis Obispo and the Central Coast, and others do not directly/indirectly involve the City as a
governmental agency doing business, thus they are not summarized in Attachment A. The
following table displays the bills discussed in Attachment A and includes links to the
corresponding bill text.
Category Bill Index No. Bill Title
Amendments to
Entitlements, Permit, and
Funding Application
Streamlining
1 AB 168 – Tribal Consultation and Ministerial
Streamlining for Certain Multifamily Projects
2 AB 831 – Modification to SB 35 Projects and
Mixed-Use Clarification
3 SB 1030 – Definition of “Deemed Complete”
under the Housing Accountability Act
4 AB 434 – Streamline HCD Funding Applications
and Award Process
Bills Removing Barriers to
Boost Housing Production
and Affordability
5 AB 725 – Moderate and Above Moderate Income
Housing Requirements for Housing Element
6
AB 1851 – Parking Requirements for Religious
Institution Affiliated Housing Development
Projects
7 AB 2345 – Planning & Zoning Density Bonuses,
Annual Report, and Affordable Housing
8 SB 1079 – Granting “Eligible Buyers”
Opportunity to Purchase Foreclosure Properties
Modifications to Accessory
Dwelling Unit
Requirements
9 AB 3182 – Rental or Leasing Units in HOAs and
Ministerial Approval of Certain ADUs
COVID-19 Related
Legislation & Tenant
Protections
10 SB 91 – COVID-19 Relief, Tenancy, and Federal
Rental Assistance
11 AB 1561 – Housing Element and Entitlement
Extensions
12 AB 2782 – Change of Use and Rent Control in
Mobile Home Parks
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Next Steps: Staff will continue to analyze the housing legislation for additional impacts and
monitor for any amendments that arise. Staff will also continue to work on incorporating the
impacts and amendments into the Municipal Code as necessary. Additionally, staff will also
continue to monitor pending legislation per the State’s 2021 Legislative Season (Attachment B).
Housing Element Certification Process
The City of San Luis Obispo produced its first Housing Element to receive certification by HCD
in 2004. The City has maintained a certified Housing Element since that time, which has made it
eligible for grant funding, including over $1 million in grants that were used for its Land Use and
Circulation Element Updates. In addition, the City was eligible to participate in HCD’s BEGIN
program, which provided first-time homebuyers with down payment assistance for 10 units in
the Tumbling Waters Townhomes project off Sacramento Drive. In 2018, California voters
approved Props 12 and 23 that included a combined $6 billion in new funding for the
development and preservation of affordable and supportive homes. Going forward, the City will
only be eligible for these monies if it maintains a certified Housing Element.
On November 17, 2020, the City Council adopted the Sixth Cycle Housing Element that covers
housing policies and programs for the planning period from 2020-2028. The adopted Housing
Element was received by the California Department of Housing and Community Development
(HCD) on December 22, 2020 for formal certification review. The City anticipates that HCD will
certify the adopted Housing Element by March 22, 2021.
Next Steps: Staff will continue to communicate and work with HCD to obtain a certified
Housing Element.
Sixth Cycle Housing Element Programs
The updated Housing Element includes various programs that are required to be implemented
within the next one to three years. The table below identifies the various programs, the estimated
completion timeline of the program, and the current status of the program.
Housing Element Programs
Program
No. Program Completion
Timeline Status
2.13
Update the Inclusionary Housing Ordinance, including
Table 2A, based on findings and recommendations in
the 2020 Affordable Housing Nexus Study and
conduct further feasibility analysis in order to evaluate
the City’s ability to provide affordable housing in the
proportions shown in the Regional Housing Needs
Allocation, per Policy 2.4.
1 year
Nexus Study is complete.
The Feasibility Analysis
will be underway this
summer. Full analysis to
begin in the Fall 2021.
REAP grant funding
available to fund part of the
tasks.
2 Proposition 1 authorized $4 billion in general obligation bonds for state multi-family housing infrastructure
programs, homeownership programs, farm housing programs, and projects and housing loans for veterans.
3 Proposition 2 authorized bonds to fund supportive housing for individuals with mental illness.
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Program
No. Program Completion
Timeline Status
2.15
Evaluate a flexible density pilot program and initiate
an update of the Zoning Regulations and Community
Design Guidelines to incorporate flexible density
development options in Downtown Core and portions
of Upper Monterey and Mid-Higuera Special Focus
Areas to support the production of 50 smaller
residential units (150 to 600 square feet) per year
during the planning period.
1 year
Program development is
underway. See detailed
discussion below under
“Flexible Density.”
2.17
In order to provide adequate sites for lower income
households on non-vacant and vacant sites previously
identified in the Housing Element (Table E-2), the
City will, within one (1) year of the adoption of the
Housing Element Update, allow developments
(including mixed-use projects) that include at least 20
percent of the residential units as affordable to lower
income households, by right (no discretionary review).
1 year Part of the implementation
of Program 6.22.
4.6
Amend the Inclusionary Housing Ordinance to require
that affordable units in a development be of similar
size, number of bedrooms, character and basic quality
as the non-restricted units in locations that avoid
segregation of such units, including equivalent ways to
satisfy the requirement. Also evaluate adjusting the
City’s allowable sales prices for deed-restricted
affordable units per a variety of unit types.
1 year See status under Program
2.13 above.
5.5
Update the Zoning Regulations to allow mixed-use
development within Service Commercial (C-S) and
Manufacturing (M) zones without a use permit within
one year of the adoption of the Housing Element.
1 year
To be included as part of the
Fall 2021 Zoning
Regulations Update.
6.22
Update the City’s municipal code to expand objective
design standards within one year of the adoption of the
Housing Element Update.
1 year
Underway. Staff has
developed a project plan
and a more detailed
discussion is provided
below under “Objective
Design Standards.” REAP
grant funding available for
the project.
6.23
Update the development review process and expand
the thresholds of each review level (minor, moderate,
and major) to eliminate or reduce the number of public
hearings required for housing projects within one year
of adopting the Housing Element.
1 year Not started.
8.18
Review and amend the Zoning Regulations within one
year of Housing Element adoption to ensure
compliance with: 1) the Supportive Housing
Streamlining Act (AB 2162) to allow supportive
housing a use-by-right in zones where multi-family
and mixed uses are permitted, including nonresidential
zones permitting multifamily uses, if the proposed
development meets specified criteria; and 2) AB 101,
to allow Low Barrier Navigation Centers by-right in
all residential zones, areas zoned for mixed-uses, and
1 year
To be included as part of the
Fall 2021 Zoning
Regulations Update.
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Program
No. Program Completion
Timeline Status
nonresidential zones permitting multifamily uses.
2.10
Update the Affordable Housing Standards to include
Homeowners’ Association (HOA) fees and a standard
allowance for utilities in the calculation for affordable
rents and home sales prices within two years of
adopting the Housing Element.
2 year Not started.
2.16
Create and make available to interested parties an
informational packet that explains SB 35 streamlining
provisions and eligibility within two years of Housing
Element adoption.
2 years Not started.
2.18
Utilize objective design standards to allow residential
uses by right (no discretionary review) for those
developments (including mixed-use projects) that
include at least 20 percent of the residential units as
affordable to low-income households.
2 years Not started.
8.23
Update Zoning Regulations, within two years of
Housing Element adoption, to be consistent with the
Employee Housing Act; including: 1) an update of
Table 2-1 to allow single-unit dwellings without a
Conditional Use Permit within the Open Space and
Conservation (C/OS) zone and employee housing
consisting of no more than 36 beds in a group quarters,
or 12 units or separate rooms or spaces designed for
use by a single-family or household within the C/OS
and AG zones, and 2) remove Chapter 17.148 - High-
Occupancy Residential Use Regulations.
2 years
To be included as part of the
Fall 2021 Zoning
Regulations Update.
5.4
Evaluate and implement “missing middle” housing
types (e.g. duplex, triplex, quadplex, cottages, etc.) to
increase housing options in the City within three years
of adopting the Housing Element.
3 years
Cal Poly Studio has started
preliminary work on
exploring opportunities
within the City for Missing
Middle Housing. See
detailed discussion below
under “Missing Middle
Housing.”
6.20
Evaluate and update the Subdivision Regulations,
within three years of Housing Element adoption, to
support small lot subdivisions, ownership bungalow
court development and other alternatives to
conventional subdivision design
3 years Continue
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Housing Element Program 2.15 (Flexible Density)
Consistent with the City’s adopted Housing Major City Goal in the 2019-2021 Financial Plan the
Flexible Density program has been initiated to facilitate production of smaller housing units in
the Downtown and portions of the Upper Monterey areas, with potential expansion to the Mid-
Higuera Special Focus area. The program would incentivize the development of small residential
units through application of a zoning overlay specific to the project area that removes density
maximums for projects that construct residential units under 600 square feet.
It is anticipated that the program over time would diversify the City’s housing sto ck, increase
housing production proximate to downtown, increase units that are more affordable by design
and attractive to the workforce and directly implement the Climate Action Plan objective
outlined below:
2020 Climate Action Plan (CAP) Connected Community Pillar 5.1
Complete the 2019-21 Housing Major City Goal, including the Housing Element
of the General Plan Update and Flexible Zoning Requirements for Downtown.
The CAP additionally emphasizes the critical opportunity to bring higher density smaller units to
allow more in-town employees to live close to work and utilize active transportation in place of
car travel and other carbon-intensive, high-cost modes. Seizing opportunities to increase a
diverse housing stock and housing affordability are also important components to reducing
housing and community vulnerability to help the City address resiliency and equity needs.
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The program is intended to apply to new construction and conversion of residential and non-
residential square footage and may be combined within projects also constructing units over 600
square feet, which are subject to density requirements. Provisions in the zoning ordinance
currently applicable to Planned Developments, including requirements for community benefits
and applied most recently for the approved project at 1144 Chorro St., would be comparable to
the flexible density program that would be more widely available to projects with units smaller
than 600 square feet in the downtown vicinity. It is important to note that th rough the
construction of smaller units, the flexible density program is intended to increase the number of
residential units in any given building envelop currently allowed by City regulations, but not
expand it. Standards for example, pertaining to height, setbacks, lot coverage and floor area ratio
are not proposed to change in this program.
Staff has conducted constraints and opportunity analyses including state and local policy audits,
and residential capacity analyses, developed an administrative draft ordinance and is currently
working on a community outreach strategy and the infrastructure and resource capacity analysis
needed to scope environmental review. The first phase of the project is estimated to facilitate an
additional 340-600 units in the Downtown and Upper Monterey areas. Depending on the success
of the program, the second phase would be expanded to the Mid-Higuera area. The project has
funding through a $160,000 SB2 Grant through the California Department of Housing and
Community Development.
Next Steps: The initial phase ordinance applicable to the Downtown and Upper Monterey areas
is anticipated to be brought froward for adoption in the fall 2021.
Housing Element Program 5.4 (Missing Middle Housing)
The City’s adopted Housing Major City Goal in the 2019-2021 Financial Plan included a
program to create housing for above moderate-income households that includes “missing
middle” housing types and directly implement Housing Element Program 5.4 outlined above in
Table 1.
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Staff has engaged a Cal Poly Design Studio to complete a comprehensive background conditions
report and produce an administrative draft Missing Middle Housing plan for the city. Included in
the effort, are recommended policy amendments, zoning changes, and identified gaps for
developing missing middle housing in the context of the City’s goals around housing and climate
change. The project approach is directed through five lenses: Diversity, Equity, and Inclusion;
Neighborhood Design and Clean Energy Buildings; Financial Feasibility and Incentives;
Transportation and Parking and Community Outreach and Education.
Missing Middle Housing is intended to be an important strategy to meaningfully increase the
number of available housing units to all income levels. Missing Middle housing is small scale,
multi-unit, or clustered housing in walkable mixed neighborhoods, and compatibly designed in
size and scale as typical single -family homes. It has been incorporated into the zoning codes of
several cities including, notably, Vancouver, Minneapolis, and Livermore and in smaller
communities as well. Missing Middle initiatives are intended to counter the loss of smaller
residential architecture phased out since the 1940’s, in part due to zoning barriers. For the City,
the current strategy is to focus on areas within the City near transportation corridors.
To date, a Missing Middle Existing Conditions Report is completed, including stakeholder
interviews. The remaining Cal Poly Studio work is scheduled to be delivered after win ter quarter
and will provide significant pieces to incorporate into a strategic community outreach plan and
draft ordinances.
Next Steps: Staff will begin working on draft ordinances using information from the Cal Poly
Studio work with a goal to obtain input from the community through engagement and workshops
starting in the fall of 2021.
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Housing Element Program 6.22 (Objective Design Standards)
Staff will be developing Objective Design Standards for eligible streamlined and ministerial
residential development projects. Government Code 65583.2(c) and recent State law requires a
ministerial process for eligible residential developments, such as projects that include 20%
affordable units on sites identified in the Housing Element (see HE Program 2.17), and t hose
projects that qualify under SB 35 and AB 2162. Staff’s approach is to add Objective Design
Standards to the City’s Zoning Regulations that are derived from the City’s existing Community
Design Guidelines. This a similar approach the City of Santa Rosa implemented. Attachment C,
provided as an example, is the revised language added to Santa Rosa’s Municipal Code. The
proposed Objective Design Standards do not include changes to the Community Design
Guidelines and will only be applied to projects that are eligible for by-right, ministerial project
review.
Next Steps: Staff will begin work on draft Objective Design Standards based on the Community
Design Guidelines with a goal of adopting the Standards by the end of 2021.
Affordable Housing Fund Status and Pipeline Affordable Housing Projects
Affordable Housing Fund
On March 2, 2021, the City Council approved an Affordable Housing Award (AHF) of $335,000
to the Housing Authority of the City of San Luis Obispo (HASLO) to help with the construction
of Toscano Apartments, a new 100% affordable housing project that includes 38 lower -income
affordable units. In 2020, the City Council approved two separate AHF awards to Peoples’ Self -
Help Housing Corporation (PSHHC) to assist with the development of Broad Str eet Place (40
units, $1.3M AHF award) and Tiburon Place (68 units, $700,000 AHF award). All three of these
awards will be structured as loans, issued at the time of each projects’ soft cost and construction
financing close, typically with a 55-year term and 3-4% simple interest. The award to HASLO
brings the total of committed AHFs dollars to $2,335,000, leaving an uncommitted, liquid
funding balance of $81,710.95 to assist with future affordable housing projects (Attachment D).
The following table displays all the AHF awards the City has made to date.
The City also has over $200,000 available for first-time homebuyer assistance loans. These
funds are only available to low- or moderate-income first-time homebuyers for homes located
within the City. Funds are issued as 30-year loans, that are executed via a Promissory Note,
evidenced by a Deed of Trust that are recorded on title of the property purchased, the loan
amount cannot exceed 20% of the sales price. The City currently has 11 active loans.
Pipeline Affordable Housing Projects
Broad Street Place: Housing staff and outside legal counsel have been working diligently (since
the end of 2020) to coordinate the close of escrow on the soft cost and construction financing for
Broad Street Place, being developed by PSHHC. Escrow closing coordination is a timely
process, as staff must coordinate with all of the other financial lenders to the project, which in
this case includes 30+ people located nation-wide. The City’s newest affordable housing
community will be located across from the Damon-Garcia Sport Fields next to the Iron Works
Apartments (also an 100% affordable housing project developed by HASLO in 2018).
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This particular project will provide 40 units of deed-restricted affordable housing, including 10
units that will be solely dedicated for previously homeless veterans. Broad Street Place received
a total of $5,409,971 of City, State, and Federal funds to assist with acquisition and construction
costs. Following the close of escrow in mid-March, construction will break ground in April!
Tiburon Place: The Tiburon Place Project will be located within the City’s Orcutt Area. To
comply with the City’s inclusionary housing requirements for Tract #3063 (Righetti Ranch),
Tract #3066 (Jones Ranch), Tract #3095 (Imel Tract), and the Pratt Property, 54 units were
approved to be dedicated to PSHHC for construction, which initially included 42 units available
to 80% Area Median Income (AMI), or a “low” income level of affordability, and 12 units
available to 120% AMI or “moderate” income level of affordability. However, PSHHC is
developing the Tiburon Place Project with a total of 68 affordable units, which is 14 units
beyond the original requirement. Additionally, it is increasing the affordability level of these
units, such that the project will provide units available to 30% to 60% AMI, or extremely low,
very low, and low-income residents. After months of coordination in 2019-2020 with City
housing and transportation staff, PSHHC was unsuccessful securing a grant from the State’s
Affordable Housing and Sustainability Communities (AHSC) program to help finance the
project, thus PSHHC is currently aiming to apply to the State’s No Place Like Home program
and for competitive (9%) Low Income Housing Tax Credits (LIHTCs). Upon successful awards
per these two financing sources, and security of a permanent construction loan, City housing
staff will coordinate with PSHHC and the other lenders to close soft cost and construction
financing escrow, likely by the end of 2021/early 2022.
San Luis Ranch Inclusionary Deed-Restricted Affordable Housing: The San Luis Ranch
development project recently broke ground along Madonna Road. This major development
project will provide over 580 new homes of various housing types, which will be exclusively
available to local residents. Also scattered throughout the various neighborhoods, a minimum of
48 units will be constructed and provided as affordable to very-low, low, moderate, and
“workforce” income families. Preliminary discussions with PSHHC have begun to construct the
associated very-low income units in a new apartment community. As of now, PSHHC expects to
submit planning entitlements to the City by the end of 2021.
Avila Ranch Inclusionary Deed -Restricted Affordable Housing: Avila Ranch, located off
Buckley Road, is working to finalize their associated tract maps for their 720-unit residential
development. Similar to the San Luis Ranch development, Avila Ranch offers a variety of
housing types that will also be initially available to San Luis Obispo County residents.
Additionally, this Development will provide a minimum of 96 units affordable to low, moderate,
and “workforce” income families.
Policy Context
All programs discussed in this staff report are included as a part of the Sixth Cycle Housing
Element and are consistent with policies outlined in the City’s General Plan.
Public Engagement
The Legislative and Housing Programs update is being provided to the City Council and
community to inform future housing policy decisions and actions.
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ENVIRONMENTAL REVIEW
Since this item is informational in nature and involves no action by the City Council, the
California Environmental Quality Act (CEQA) does not apply to the recommended action
because it does not constitute a “Project” under CEQA Guidelines Sec. 15378.
FISCAL IMPACT
Budgeted: N/A Budget Year: 2020-21
Funding Identified: N/A
Fiscal Analysis:
There is no fiscal impact associated with this study session and no action is recommended.
ALTERNATIVES
Continue consideration of the housing update presentation. Although no action is
recommended in association with this report, the City Council could ask staff to return during a
future meeting to present additional information. If the Council would like to hear additional
information at a future meeting, specific direction should be provided to staff.
Attachments:
a - 2020 Signed Housing Legislation List
b - 2021 Pending Housing-Related Bills
c - Example Objective Design Standards
d - Trial Balance AHF March 2021
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Summary and Update of 2020-21 Housing Legislation
Housing Legislation
City Council Study Session
AMENDMENTS TO ENTITLEMENT, PERMIT, AND FUNDING
APPLICATION STREAMLINING
AB 168 – Tribal Consultation and Ministerial Streamlining for Certain
Multifamily Projects
Description:
AB 168 requires an applicant seeking SB 35 streamlining to first submit a preliminary application
as a “notice of intent,” which then requires the local government to undertake scoping consultation
with any Native American tribes that are traditionally and culturally affiliated with a geographic
area. The SB 35 applicant may proceed with the full application if no tribal cultural resource seeks
to engage, if no tribal cultural resource would be affected, or if a tribal cultural resource impact is
identified but the parties agree to mitigation measures. Additionally, this bill sets the time for early
vesting for SB 35 streamlining at submission of a preliminary application “notice of intent.”
Actions and Impacts to the City:
No immediate action. Due to the specific requirements established under SB 35 (which was the
landmark bill passed in Gov. Brown’s the 2017 Housing Package), it is very unlikely the City
should receive an application for SB 35 streamlining. However, should the City receive such an
application, staff will be sure to consult with the local Chumash Tribal Council and any other
Native American affiliates.
AB 831 – Modification to SB 35 Projects and Mixed -Use Clarification
Description:
AB 831 allows a developer to modify a project that has already been approved under SB 35
streamlining if the final building permit has not issued so long as such modification is consistent
with objective development standards in effect at the time the original application was submitted
to the local agency. This bill further provides that if off -site public improvements are required for
an SB 35 development should be approved without delay or any action that would inhibit, chill, or
preclude development.
Additionally, AB 831 clarifies that mixed-use developments are eligible for SB 35 streamlining if
two-thirds of a mixed-use project be dedicated to residential use. In response to an SB 35 lawsuit,
the new amendments clarify that the two-thirds requirement applies to the proposed project itself,
not the underlying zoning.
Actions and Impact to the City:
No immediate action as the City has not approved any projects under SB 35 streamlining. Due to
the specific requirements established under SB 35 (which was the landmark bill passed in Gov.
Brown’s the 2017 Housing Package), it is very unlikely the City should receive an application for
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SB 35 streamlining. However, should the City receive such an application, staff will be sure to
comply with new AB 831 requirements.
SB 1030 – Definition of “Deemed Complete” Under the Housing Accountability
Act
Description:
Per SB 330 (2019), a housing application is entitled to proceed under the standards in effect at the
time the applicant submits a preliminary application. SB 1030 provides that if an applicant does
not submit a preliminary application, it is entitled to proceed under the standards in effect at the
time it submits a complete application pursuant to the Permit Streamlining Act.
Additionally, this bill provides that an applicant is not required to resubmit a preliminary
application if the number of residential units or square footage of construction changes after
submission if the change is due to a locally authorized density bonus or development increase in
units.
Actions and Impact to the City:
The City has not approved any projects under SB 330 streamlining therefore no immediate action
is required. However, the City is aware that it must update its development review process to
comply with the provisions of the Permit Streamlining Act, which is currently identified in the 6 th
Cycle Housing Element as a “high priority” work program for the upcoming year.
AB 434 – Streamline HCD Funding Applications and Award Process
Description:
AB 434 would streamline California Department of Housing and Community Development (HCD)
rental housing program applications into a single application and award process. HCD operates at
least nine separate rental housing programs for specific purposes, and affordable housing
developers must pull together a combination of these sources (often with federal low-income
housing tax credits as well) in order to fully fund a development. This fragmented funding
application process inflates project costs, delays project timelines, and increases staff time for both
affordable housing developers and HCD. This bill allows HCD to use a single application and
scoring system to make coordinated awards for all programs at one time while maintaining the
specific intent of each original program.
Actions and Impact to the City:
No immediate action; however, staff anticipates these changes to be have an extreme, positive
impact when jointly applying and/or partnering with non-profit housing developers on future State
funding opportunities for housing projects. The City identified increasing such collaborations in
several policies and programs in the 6th Cycle Housing Element.
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BILLS REMOVING BARRIERS TO BOOST HOUSING PRODUCTION
AND AFFORDABILITY
AB 725 – Moderate Income Housing
Description:
AB 725 targets the deficit of medium-density housing by requiring at least 25% of a metropolitan
jurisdiction’s share of the regional housing need for both moderate-income housing and above-
moderate income housing be allocated to sites zoned for at least four units of housing (but no more
than 100 units per acre of housing). Accessory dwelling units (ADUs) and junior accessory
dwelling units (JADUs) do not count towards the 25% requirement.
Actions and Impacts to the City:
No immediate action. This bill only applies to housing elements due after January 1, 2022.
Therefore, the City’s 6th Cycle Housing Element Update is exempt from this bill, but the City will
need to be cognizant of this requirement for the 7th Cycle update.
AB 1851 – Parking Requirements for Religious Institution Affiliated Housing
Development Projects
Description:
AB 1851 aims to make it easier for faith-based organizations to build affordable housing on th eir
properties by prohibiting local agencies from requiring the replacement of religious-use parking
spaces that a developer of a religious institution affiliated housing development project proposes
to eliminate as part of that housing development project. However, the bill limits the religious
institution’s elimination request to no more than 50% of the number of parking spaces that are
available at the time the request is made. Further, AB 1851 prohibits a local agency from requiring
the religious institution from curing any preexisting deficit of the number of parking spaces on site
as a condition of approval for the affordable housing. Under this bill, however, a local agency can
require up to one parking space per unit for a religious institution affiliated hous ing development
project.
Actions and Impacts to the City:
No immediate action. Should a faith-based organization be eligible under the Zoning Code to
build affordable housing on their property, planning staff are to be aware of the new parking
requirements. These updated requirements will be important to include in the next Municipal Code
update.
AB 2345 – Planning & Zoning Density Bonuses Annual Report Affordable
Housing
Description:
AB 2345 makes a few important changes to California’s Density Bonus Law. This bill’s most
notable changes are as follows:
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Maximum Density:
This bill increases the maximum density bonus from 35 percent to 50 percent, based on an updated
sliding scale of affordability.1
Eligibility for 100 Percent Affordable Projects:
This bill requires the density-bonus units to be affordable in a 100-percent affordable project
(which can receive an 80 percent or unlimited density bonus), not just the non-bonus (base) units,
except that 20 percent of those units can be for moderate-income households.
Incentives/Concessions Thresholds:
This bill lowers the low-income threshold to qualify for two incentives or concessions from 20
percent to 17 percent. Further, it reduces the low-income threshold to qualify for three incentives
or concessions from 30 percent to 24 percent.
Parking:
This bill decreases the parking ratio for two- and three-bedroom units in density-bonus projects so
that no more than 1.5 spaces can be required per unit. Additionally, it prohibits parking
requirements for certain transit-oriented developments (unobstructed access to a fixed bus route)
or senior projects (62 or older).
Actions and Impacts to the City:
This bill requires local agencies to include information regarding the total number of density bonus
applications received and approved each year in the mandated Annual Progress Reports to HCD.
Additionally, due to the changes in threshold for density bonuses, concessions, and parking
requirements, the Zoning Code will need to be updated to reflect the changes and planning staff
will need to be aware of the new requirements on applications moving forward.
SB 1079 – Granting “Eligible Buyers” Opportunity to Purchase Foreclosure
Properties
Description:
SB 1079 alters the current process of foreclosure sales process to permit qualified parties a means
to purchase property in foreclosure both at and after the foreclosure sale auction. Specifically, SB
1079 allows “Eligible Tenant Buyers” and “Eligible Bidders” the opportunity to purchase a
property after the trustee sale closes. Previously, the last and highest bid signal ed the finality of
an auction. However, SB 1079 grants “Eligible Tenant Buyers” the opportunity to match the last
and highest bid at the trustee auction, and “Eligible Bidders” the opportunity to exceed the last and
highest bid. SB 1079 also changes procedural requirements, adding that the purchase of sale
contain a notice to the tenant stating their potential right to purchase the property, requiring that
the lender or trustee establish a 24/7 phone or website to provide information free of charge, and
1 To receive this increased bonus, a project must comply with unit replacement requirements and set aside at least:
1) 24 percent of units for low-income households; 2) 15 percent of units for very-low income households; or 3) 44
percent of for-sale units for moderate-income households.
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prohibiting trustees from bundling multiple properties for sale by requiring each property to be bid
on separately.
“Eligible Tenant Buyers” are defined as natural people who occupy the real property as their
primary residence, are occupying the real property under a rental or lease agreement entered as the
result of an arm’s length transaction with the mortgagor or trustor on a date prior to the Notice of
Default, and are not the mortgager or trustor, child spouse, or parent of the mortgagor or trustor.
“Eligible Bidders” are defined as any of a list of different nonprofits, individuals, and co mpanies
listed under California Civil Code Section 2924m.
Actions and Impact to the City:
No immediate or direct impact to the City; however, these new provisions have the potential to
increase housing opportunities for local residents and non-profit housing providers, which is
positive for the City achieving its’ housing and affordability goals.
MODIFICATIONS TO ACCESSORY DWELLING UNIT
REQUIREMENTS
AB 3182 – Rental or Leasing Units in HOA and Ministerial Approval of Certain
ADUs
Description:
AB 3182 deems an ADU application approved if the local agency fails to act on a complete
application by the 60-day deadline. Additionally, this bill requires ministerial approval of an
application for a building permit within a residential or mixed-use zone to create one ADU and
one JADU per lot within a proposed or existing single-family dwelling if certain requirements are
met (see GC Section 65852.2(e)(1)(A)). Previously, an owner could only build an ADU or a JADU
per lot within a proposed or existing single-family dwelling in residential or mixed-use zones (see
GC Section 65852.2(e)(1)(B)).
Finally, the bill provides that an owner of a separate interest in a common interest development
(CID) is not subject to a provision in a governing document or an amendment thereto that prohibits,
has the effect of prohibiting, or unreasonably restricts the rental or leasing of any of the separate
interests, ADUs, or JADUs in that CID unless the document was effecti ve prior to the owner
acquiring the separate interest. Put simply, it limits the ability of a CID to prohibit homeowners
from renting or leasing their homes. The bill also prohibits a CID from adopting or enforcing a
provision that restricts the rental or lease of separate interests to less than 25% of the separate
interests in the CID. Finally, the bill specifies that these provisions do not prohibit a CID from
adopting a provision in a governing document that prohibits short-term rentals of 30 days or less.
Actions and Impact to the City:
The City updated its ADU Ordinance in February 2020, in response to the new regulations
established by 2019 Legislative Session. Given these additional provisions of AB 3182, the City
will need to make changes to the existing ADU Ordinance to ensure compliance.
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COVID-19 RELATED LEGISLATION & TENANT PROTECTIONS
SB 91 – COVID-19 Relief, Tenancy, Federal Rental Assistance
Description:
SB 91 provides financial assistance to landlords and tenants of up to 80 percent of the unpaid rent
accrued since the start of COVID-19. In December 2020, Congress passed and signed into law
COVID relief legislation, setting aside $25 billion for direct financial relief to rental property
providers through the states. SB 91 establishes the guidelines for distributing the $2.6 billion
allotted to California to landlords of qualifying low-income renters. Specifically, the bill provides
up to 80% of rent owed between April 1, 2020 to March 31, 2021 to qualifying landlords so long
as the landlord forgives the remaining balance and agrees not to pursue eviction for nonpayment.
Additionally, per this bill, housing providers cannot use a prospective tenant’s COVID-19 rental
debt as a negative factor in evaluating that tenant. Further, this bill also prohibits late fees on
COVID-19 rental debt through July 30, 2021. Finally, SB 91 extends “non-payment” evictions if
tenants pay 25% of their rent and can demonstrate a COVID hardship and also extends the “no
cause” statewide eviction moratorium (both protections established under AB 30882).
Actions and Impact to the City:
No immediate action as the City does not own nor manage any housing units. Additionally,
because the City participates in the San Luis Obispo Urban County (meaning the “non-entitlement”
Federal funding programs), implemented/managed by the County of San Luis Obispo, the County
could have elected to administer the funds. However, the County recently decided to participate
in the State-administered program. This decision was largely made because there were no local
providers that were interested in administering the program given the start-up costs and limited 8-
month operational timeframe.
AB 1561 – Housing Element and Entitlement Extensions
Description:
Starting in 2024, at the discretion of HCD, the Housing Element’s analysis of constraints on the
maintenance, improvement or development of housing may also address constraints on housing
for persons due to their sex, race, color, religion, ancestry, national origin, disability, medical
condition, genetic information, marital status, sexual orientatio n, citizenship, primary language or
immigration status.
Additionally, under CEQA, the time for California Native American Tribes to respond to a lead
agency’s consultation request for negative declarations, mitigated negative declarations, and EIRs
2 AB 3088, the Tenant, Homeowner, and Small Landlord Relief and Stabilization Act of 202 0
prohibited residential tenants from being evicted for failure to pay rent due to a COVID -19-
related hardship occurring between March 1 and Aug ust 31, 2020. Residential tenants
experiencing a COVID-19-related hardship between September 1, 2020 and Jan. 31, 2021 were
also protected from eviction if they pay at least 25 percent of the rent due during this period.
This bill expired on January 31, 2021, but its protections were largely extended by SB 91.
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for housing development projects is extended to 60 days when the project application is deemed
complete between March 4, 2020, and Dec. 31, 2021.
Finally, in response to COVID-19 and to ensure uniformity across the State, this bill provides an
automatic 18-month extension for the expiration, effectuation, or utilization of housing
entitlements in effect before March 4, 2020 and that expire before December 31, 2021. Housing
entitlements do not include development agreements, a preliminary application under SB 330, or
an SB 35 application. If a local jurisdiction has adopted its own extension that is 18 months or
longer before AB 1561 becomes effective (September 28, 2020), the entitlement will not be
eligible for an additional extension under AB 1561.
Actions and Impact to the City:
There are currently three housing development project applications that were deemed complete
after March 4, 2020 and are subject to environmental review (Initial Study/Mitigated Negative
Declaration or Environmental Impact Report) and the 60-day tribal consultation extension. In
response to COVID-19 impacts, on June 16th, 2020, the City Council adopted Resolution No.
11131 (2020 Series) that extended the life of all discretionary approvals covered by the Municipal
Code Section 17.104.070 by one year after the termination of the declared local emergency; thus
it is unlikely entitlements will be eligible for additional extensions under this bill.
AB 2782 – Change of Use and Rent Control in Mobile Home Parks
Description:
AB 2782 requires the management of mobile home parks to give homeowners 60 days’ written
notice before the management will be appearing before a local governmental board to obtain
approval for a change in use of the mobile home park. While previous law allowed a legislative
body to require the person or entity changing use to take steps to mitigate any adverse impact on
the ability of displaced residents to find adequate housing, AB 2782 requires that in the original
report submitted to the legislative body, the person must include a replacement or relocation plan
that adequately mitigates the impact on the displaced residents of the mobile home park. AB 2782
also requires that this report now be provided 60 days before the hearing, not 15 days. The
legislative body can choose whether or not to approve of the park closure or conversion after taking
into consideration the impact report and overall housing availability within the jurisdiction.
Additionally, the person or entity proposing the change to the park must pay displaced residents
who become unable to obtain adequate housing in another mobile home park within the same
market value of the displaced home.
Actions and Impact to the City:
The City currently has a Mobile Home Park Conversion Ordinance to preserve affordability of
these types of units. The City’s Conversion Ordinance does require the applicant to hire a
“relocation specialist” but will need to be amended to require such a specialist at the time of
application submittal. The City will also need to amend the Conversion Ordinance to comply with
the 60-day notice report provisions. Lastly, the City will need to amend the Conversion Ordinance
to make the payment provisions for displaced residents that are unable to obtain housing in a
subsequent mobile home park, mandatory – currently this is just a suggested condition in the City’s
Ordinance.
Deleted: d
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2021 Housing Related Bills
2/26/2021
AB 15 (Chiu D) COVID-19 relief: tenancy: Tenant Stabilization Act of 2021.
Current Text: Introduced: 12/7/2020 html pdf
Status: 1/11/2021-Referred to Com. on H. & C.D.
Location: 1/11/2021-A. H. & C.D.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Would extend the definition of “COVID-19 rental debt” as unpaid rent or any other unpaid
financial obligation of a tenant that came due between March 1, 2020, and December 31, 2021. The bill
would also extend the repeal date of the act to January 1, 2026. The bill would make other conforming
changes to align with these extended dates. By extending the repeal date of the act, the bill would
expand the crime of perjury and create a state-mandated local program.
AB 16 (Chiu D) Tenancies: COVID-19 Tenant, Small Landlord, and Affordable Housing Provider
Stabilization Act of 2021.
Current Text: Amended: 1/12/2021 html pdf
Status: 1/13/2021-Re-referred to Com. on H. & C.D.
Location: 1/11/2021-A. H. & C.D.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Would establish the Tenant, Small Landlord, and Affordable Housing Provider Stabilization
Program. The bill would authorize the Director of Housing and Community Development to direct an
existing office or program within the Department of Housing and Community Development to
implement the program. The bill would establish in the State Treasury the COVID-19 Tenant, Small
Landlord, and Affordable Housing Provider Stabilization Fund, and, upon appropriation by the
Legislature, distribute all moneys in the fund to the department to carry out the purposes of the
program.
AB 59 (Gabriel D) Mitigation Fee Act: fees: notice and timelines.
Current Text: Introduced: 12/7/2020 html pdf
Status: 1/11/2021-Referred to Coms. on L. GOV. and H. & C.D.
Location: 1/11/2021-A. L. GOV.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Current law authorizes any party to protest the imposition of a fee, dedication, reservation,
or other exactions imposed on a development project within 90 or 120 days of the imposition of the
fee, as applicable, and specifies procedures for those protests and actions. The Mitigation Fee Act
imposes the same requirements on a local agency for a new or increased fee for public facilities.
Current law, for specified fees, requires any judicial action or proceeding to attack, review, set aside,
void, or annul an ordinance, resolution, or motion adopting a new fee or service charge or modifying an
existing fee or service charge to be commenced within 120 days of the effective date of the ordinance,
resolution, or motion. Current law also provides that, if an ordinance, resolution, or motion provides for
an automatic adjustment in a fee or service charge and the adjustment results in an increase in the
fee or service charge, that any action to attack, review, set aside, void, or annul the increase to be
commenced within 120 days of the increase. This bill would increase, for fees and service charges and
for fees for specified public facilities, the time for mailing the notice of the time and place of the meeting
to at least 45 days before the meeting.
AB 68 (Salas D) Affordable housing: California State Auditor’s Report.
Current Text: Introduced: 12/7/2020 html pdf
Status: 12/8/2020-From printer. May be heard in committee January 7.
Location: 12/7/2020-A. PRINT
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Would state the intent of the Legislature to enact legislation that would implement
recommendations made in the California State Auditor’s Report 2020-108, issued on November 17,
2020, relating to affordable housing.
AB 71 (Rivas, Luz D) Homelessness funding: Bring California Home Act.
Current Text: Amended: 1/12/2021 html pdf
Status: 1/15/2021-Re-referred to Coms. on REV. & TAX. and H. & C.D. pursuant to Assembly Rule 96.
Location: 1/15/2021-A. REV. & TAX
Page 1/7
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Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Would, for taxable years beginning on or after January 1, 2022, include a taxpayer’s global
low-taxed income in their gross income for purposes of the Personal Income Tax Law, in modified
conformity with the above-described federal provisions. The bill would exempt any standard, criterion,
procedure, determination, rule, notice, or guideline established or issued by the Franchise Tax Board to
implement its provisions from the rulemaking provisions of the Administrative Procedure Act.
AB 115 (Bloom D) Planning and zoning: commercial zoning: housing development.
Current Text: Introduced: 12/18/2020 html pdf
Status: 1/11/2021-Read first time. Referred to Coms. on H. & C.D. and L. GOV.
Location: 1/11/2021-A. H. & C.D.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Would, notwithstanding any inconsistent provision of a city’s or county’s general plan,
specific plan, zoning ordinance, or regulation, would require that a housing development be an
authorized use on a site designated in any local agency’s zoning code or maps for commercial uses if
certain conditions apply. Among these conditions, the bill would require that the housing development
be subject to a recorded deed restriction requiring that at least 20% of the units have an affordable
housing cost or affordable rent for lower income households, as those terms are defined, and located
on a site that satisfies specified criteria.
AB 215 (Chiu D) Housing element.
Current Text: Introduced: 1/11/2021 html pdf
Status: 1/28/2021-Referred to Coms. on H. & C.D. and L. GOV.
Location: 1/28/2021-A. H. & C.D.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: The Planning and Zoning Law requires a city or county to adopt a general plan for land use
development within its boundaries that includes, among other things, a housing element. That law
requires the Department of Housing and Community Development (HCD) to determine whether the
housing element is in substantial compliance with specified provisions of that law. That law also
requires HCD to notify a city, county, or city and county, and authorizes HCD to notify the office of the
Attorney General, that the city, county, or city and county is in violation of state law if HCD finds that
the housing element or an amendment to the housing element does not substantially comply with
specified provisions of the Planning and Zoning Law, or that the local government has taken action or
failed to act in violation of specified provisions of law.This bill would add the Housing Crisis Act of 2019
to those specified provisions of law.
AB 244 (Rubio, Blanca D) Affordable housing cost study: housing plan addendum.
Current Text: Introduced: 1/13/2021 html pdf
Status: 1/28/2021-Referred to Com. on H. & C.D.
Location: 1/28/2021-A. H. & C.D.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Would require the California Tax Credit Allocation Committee, the Department of Housing
and Community Development, the California Housing Finance Agency, and the California Debt Limit
Allocation Committee to conduct an affordable housing cost study that measures the factors that
influence the cost of building affordable housing, breaks down total development costs for affordable
housing, and enables the state to maximize resources allocated for affordable housing.
AB 328 (Chiu D) Reentry Housing Program.
Current Text: Introduced: 1/26/2021 html pdf
Status: 2/12/2021-Referred to Com. on H. & C.D.
Location: 2/12/2021-A. H. & C.D.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Would establish the Reentry Housing Program. The bill would require the Department of
Housing and Community Development to, on or before July 1, 2022, take specified actions to, upon
appropriation by the Legislature, provide grants to counties and continuums of care, as defined, for
evidence-based housing and housing-based services interventions to allow people with recent
histories of incarceration to exit homelessness and remain stably housed.
AB 345 (Quirk-Silva D) Accessory dwelling units: separate conveyance.
Current Text: Introduced: 1/28/2021 html pdf
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Status: 2/12/2021-Referred to Coms. on H. & C.D. and L. GOV.
Location: 2/12/2021-A. H. & C.D.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: The Planning and Zoning Law authorizes a local agency to provide, by ordinance, for the
creation of accessory dwelling units in single-family and multifamily residential zones and requires a
local agency that has not adopted an ordinance to ministerially approve an application for an
accessory dwelling unit, and sets forth required ordinance standards, including that the ordinance
prohibit the sale or conveyance of the accessory dwelling unit separately from the primary residence.
Current law, notwithstanding the prohibition described above, authorizes a local agency to, by
ordinance, allow an accessory dwelling unit to be sold or conveyed separately from the primary
residence to a qualified buyer if certain conditions are met. This bill would require each local agency to,
by ordinance, allow an accessory dwelling unit to be sold or conveyed separately from the primary
residence to a qualified buyer if certain conditions are met. The bill would remove the requirements
that the property be held pursuant to a recorded tenancy in common agreement and that the
agreement allocate to each qualified buyer an undivided, unequal interest in the property. The bill
would instead require the property be held pursuant to a recorded contract that includes specified
provisions.
AB 357 (Kamlager D) Affordable housing.
Current Text: Introduced: 2/1/2021 html pdf
Status: 2/2/2021-From printer. May be heard in committee March 4.
Location: 2/1/2021-A. PRINT
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Current law, the Planning and Zoning Law, requires each city, county, and city and county
to prepare and adopt a general plan that contains certain mandatory elements, including a housing
element.This bill would declare the intent of the Legislature to enact legislation that would address the
need to build more affordable housing units.
AB 387 (Lee D) Social Housing Act of 2021.
Current Text: Introduced: 2/2/2021 html pdf
Status: 2/3/2021-From printer. May be heard in committee March 5.
Location: 2/2/2021-A. PRINT
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Would declare the intent of the Legislature to subsequently amend this bill to include
provisions that would enact the Social Housing Act of 2021 to establish the California Housing
Authority for the purpose of developing mixed-income rental and limited equity homeownership
housing and mixed-use developments to address the shortage of affordable homes for low and
moderate-income households.
ACA 1 (Aguiar-Curry D) Local government financing: affordable housing and public infrastructure: voter
approval.
Current Text: Introduced: 12/7/2020 html pdf
Status: 12/8/2020-From printer. May be heard in committee January 7.
Location: 12/7/2020-A. PRINT
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: The California Constitution prohibits the ad valorem tax rate on real property from
exceeding 1% of the full cash value of the property, subject to certain exceptions. This measure would
create an additional exception to the 1% limit that would authorize a city, county, city and county, or
special district to levy an ad valorem tax to service bonded indebtedness incurred to fund the
construction, reconstruction, rehabilitation, or replacement of public infrastructure, affordable housing,
or permanent supportive housing, or the acquisition or lease of real property for those purposes, if the
proposition proposing that tax is approved by 55% of the voters of the city, county, or city and county,
as applicable, and the proposition includes specified accountability requirements.
SB 3 (Caballero D) Tenancy: COVID-19
Current Text: Introduced: 12/7/2020 html pdf
Status: 1/28/2021-Referred to Com. on JUD.
Location: 1/28/2021-S. JUD.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: The COVID-19 Tenant Relief Act of 2020 establishes certain procedural requirements and
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limitations on evictions for nonpayment of rent due to COVID-19 rental debt, as defined. Existing law
defines COVID-19 rental debt as unpaid rent or any other unpaid financial obligation of a tenant that
came due during the covered time period, defined as the period between March 1, 2020, and January
31, 2021. The act also requires a notice that demands payment of rent that came due during the
transition time period, defined as the period between September 30, 2020, and January 31, 2021, to
comply with additional specified requirements. This bill would extend the covered time period and
transition time period for purposes of the act to March 31, 2021.
SB 5 (Atkins D) Housing: bond act.
Current Text: Introduced: 12/7/2020 html pdf
Status: 1/28/2021-Referred to Com. on RLS.
Location: 12/7/2020-S. RLS.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Would state the intent of the Legislature to enact legislation that would authorize the
issuance of bonds and would require the proceeds from the sale of those bonds to be used to finance
housing-related programs that serve the homeless and extremely low income and very low income
Californians.
SB 6 (Caballero D) Local planning: housing: commercial zones.
Current Text: Introduced: 12/7/2020 html pdf
Status: 1/28/2021-Referred to Coms. on GOV. & F., HOUSING, and JUD. Referral to Com. on JUD.
rescinded because of the limitations placed on committee hearings due to ongoing health and safety
risks of the COVID-19 virus.
Location: 1/28/2021-S. GOV. & F.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: The Planning and Zoning Law requires each county and city to adopt a comprehensive,
long-term general plan for its physical development, and the development of certain lands outside its
boundaries, that includes, among other mandatory elements, a housing element. This bill, the
Neighborhood Homes Act, would deem a housing development project, as defined, an allowable use
on a neighborhood lot, which is defined as a parcel within an office or retail commercial zone that is not
adjacent to an industrial use. The bill would require the density for a housing development under
these provisions to meet or exceed the density deemed appropriate to accommodate housing for
lower income households according to the type of local jurisdiction, including a density of at least 20
units per acre for a suburban jurisdiction.
SB 7 (Atkins D) Environmental quality: Jobs and Economic Improvement Through Environmental
Leadership Act of 2021.
Current Text: Amended: 2/18/2021 html pdf
Status: 2/25/2021-From committee: Do pass. (Ayes 6. Noes 0.) (February 25). Read second time.
Ordered to third reading.
Location: 2/25/2021-S. THIRD READING
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Calendar: 3/1/2021 #12 SENATE SENATE BILLS -THIRD READING FILE
Summary: Would enact the Jobs and Economic Improvement Through Environmental Leadership Act of
2021, which would reenact the former leadership act, with certain changes, and would authorize the
Governor, until January 1, 2024, to certify projects that meet specified requirements for streamlining
benefits related to CEQA. The bill would additionally include housing development projects, as defined,
meeting certain conditions as projects eligible for certification. The bill would, except for those housing
development projects, require the quantification and mitigation of the impacts of a project from the
emissions of greenhouse gases, as provided. The bill would revise and recast the labor-related
requirements for projects undertaken by both public agencies and private entities. The bill would
provide that the Governor is authorized to certify a project before the lead agency certifies the final
EIR for the project.
SB 8 (Skinner D) Density Bonus Law.
Current Text: Introduced: 12/7/2020 html pdf
Status: 1/28/2021-Referred to Com. on RLS.
Location: 12/7/2020-S. RLS.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Would make a nonsubstantive change to the definition of “development standard” for
purposes of the Density Bonus Law.
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SB 9 (Atkins D) Housing development: approvals.
Current Text: Introduced: 12/7/2020 html pdf
Status: 2/24/2021-Set for hearing March 18.
Location: 1/28/2021-S. HOUSING
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Calendar: 3/18/2021 Upon adjournment of Agriculture Committee - John L. Burton Hearing Room
(4203) SENATE HOUSING, WIENER, Chair
Summary: Would require a proposed housing development containing 2 residential units within a
single-family residential zone to be considered ministerially, without discretionary review or hearing, if
the proposed housing development meets certain requirements, including, but not limited to, that the
proposed housing development would not require demolition or alteration of housing that is subject to
a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families
of moderate, low, or very low income, that the proposed housing development does not allow for the
demolition of more than 25% of the existing exterior structural walls, except as provided, and that the
development is not located within a historic district, is not included on the State Historic Resources
Inventory, or is not within a site that is legally designated or listed as a city or county landmark or
historic property or district.
SB 10 (Wiener D) Planning and zoning: housing development: density.
Current Text: Amended: 2/24/2021 html pdf
Status: 2/24/2021-Set for hearing March 18. From committee with author's amendments. Read second
time and amended. Re-referred to Com. on HOUSING.
Location: 1/28/2021-S. HOUSING
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Calendar: 3/18/2021 Upon adjournment of Agriculture Committee - John L. Burton Hearing Room
(4203) SENATE HOUSING, WIENER, Chair
Summary: Would, notwithstanding any local restrictions on adopting zoning ordinances, authorize a
local government to pass an ordinance to zone any parcel for up to 10 units of residential density per
parcel, at a height specified in the ordinance, if the parcel is located in a transit-rich area, a jobs-rich
area, or an urban infill site, as those terms are defined. In this regard, the bill would require the
Department of Housing and Community Development, in consultation with the Office of Planning and
Research, to determine jobs-rich areas and publish a map of those areas every 5 years, commencing
January 1, 2023, based on specified criteria. The bill would specify that an ordinance adopted under
these provisions, and any resolution adopted to amend the jurisdiction’s General Plan to be consistent
with that ordinance, is not a project for purposes of the California Environmental Quality Act.
SB 15 (Portantino D) Housing development: incentives: rezoning of idle retail sites.
Current Text: Introduced: 12/7/2020 html pdf
Status: 2/24/2021-Set for hearing March 18.
Location: 1/28/2021-S. HOUSING
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Calendar: 3/18/2021 Upon adjournment of Agriculture Committee - John L. Burton Hearing Room
(4203) SENATE HOUSING, WIENER, Chair
Summary: Current law establishes, among other housing programs, the Workforce Housing Reward
Program, which requires the Department of Housing and Community Development to make local
assistance grants to cities, counties, and cities and counties that provide land use approval to housing
developments that are affordable to very low and low-income households. This bill, upon appropriation
by the Legislature in the annual Budget Act or other statute, would require the department to
administer a program to provide incentives in the form of grants allocated as provided to local
governments that rezone idle sites used for a big box retailer or a commercial shopping center to
instead allow the development of workforce housing
SB 55 (Stern D) Very high fire hazard severity zone: state responsibility area: development prohibition.
Current Text: Introduced: 12/7/2020 html pdf
Status: 2/3/2021-Referred to Com. on RLS.
Location: 12/7/2020-S. RLS.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Would, in furtherance of specified state housing production and wildfire mitigation goals,
prohibit the creation or approval of a new development, as defined, in a very high fire hazard severity
zone or a state responsibility area. By imposing new duties on local governments with respect to the
approval of new developments in very high fire hazard severity zones and state responsibility areas,
this bill would impose a state-mandated local program.
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SB 234 (Wiener D) Transition Aged Youth Housing Program.
Current Text: Introduced: 1/19/2021 html pdf
Status: 2/23/2021-Set for hearing March 9.
Location: 1/28/2021-S. HUM. S.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Calendar: 3/9/2021 1:30 p.m. - John L. Burton Hearing Room (4203) SENATE HUMAN
SERVICES, HURTADO, Chair
Summary: Would establish the Transition Aged Youth Housing Program for the purpose of creating
housing for transition aged youth under 26 years of age, who have been removed from their homes,
are experiencing homelessness unaccompanied by a parent or legal guardian, or are under the
jurisdiction of a court, as specified, and would require the council to develop, implement, and
administer the program.
SB 290 (Skinner D) Density Bonus Law: qualifications for incentives or concessions: student housing for
lower income students: moderate-income persons and families: local government constraints.
Current Text: Introduced: 2/1/2021 html pdf
Status: 2/24/2021-Set for hearing March 18.
Location: 2/10/2021-S. HOUSING
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Calendar: 3/18/2021 Upon adjournment of Agriculture Committee - John L. Burton Hearing Room
(4203) SENATE HOUSING, WIENER, Chair
Summary: Current law requires the amount of a density bonus and the number of incentives or
concessions a qualifying developer receives to be pursuant to a certain formula based on the total
number of units in the housing development, as specified. This bill would require a unit designated to
satisfy the inclusionary zoning requirements of a city or county to be included in the total number of
units on which a density bonus and the number of incentives or concessions are based. The bill would
require a city or county to grant one incentive or concession for a student housing development
project that will include at least 20% of the total units for lower income students.
SB 478 (Wiener D) Planning and Zoning Law: housing development projects.
Current Text: Introduced: 2/17/2021 html pdf
Status: 2/25/2021-Referred to Coms. on GOV. & F. and HOUSING.
Location: 2/25/2021-S. GOV. & F.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: The Planning and Zoning Law requires a city or county to adopt a general plan for land use
development within its boundaries that includes, among other things, a housing element. The law also
requires the Department of Housing and Community Development to notify the city, county, or city and
county, and authorizes the department to notify the Attorney General, that the city, county, or city and
county is in violation of state law if the department finds that the housing element or an amendment
to that element, or any specified action or failure to act, does not substantially comply with the law as
it pertains to housing elements or that any local government has taken an action in violation of certain
housing laws. This bill would prohibit a local agency, as defined, from imposing specified standards,
including a minimum lot size that exceeds an unspecified number of square feet on parcels zoned for at
least 2, but not more than 4, units or a minimum lot size that exceeds an unspecified number of square
feet on parcels zoned for at least 5, but not more than 10, units.
SB 591 (Becker D) Senior citizens: intergenerational housing developments.
Current Text: Introduced: 2/18/2021 html pdf
Status: 2/22/2021-Art. IV. Sec. 8(a) of the Constitution dispensed with. (Ayes 32. Noes 4.) Joint Rule
55 suspended. (Ayes 32. Noes 4.)
Location: 2/18/2021-S. RLS.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: Current law requires the covenants, conditions, and restrictions or other documents or
written policy of a senior citizen housing development to set forth the limitations on occupancy,
residency, or use on the basis of age. Current law requires that the limitations on age require, at a
minimum, that the persons commencing any occupancy of a dwelling unit include a senior citizen who
intends to reside in the unit as their primary residence on a permanent basis. Current law defines
“senior citizen housing development” for these purposes as a residential development for senior
citizens that has at least 35 dwelling units. Current law defines “qualifying resident” or “senior citizen”
to mean a person 62 years of age or older, or 55 years of age or older in a senior citizen housing
development. This bill would, among other things, permit the covenants, conditions, and restrictions to
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permit the establishment of an intergenerational housing development that includes senior citizens
along with caregivers and transition age youths.
SCA 2 (Allen D) Public housing projects.
Current Text: Introduced: 12/7/2020 html pdf
Status: 12/8/2020-From printer. May be acted upon on or after January 7.
Location: 12/7/2020-S. RLS.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.Enrolled Vetoed Chaptered1st House 2nd House
Summary: The California Constitution prohibits the development, construction, or acquisition of a low-
rent housing project, as defined, in any manner by any state public body until a majority of the
qualified electors of the city, town, or county in which the development, construction, or acquisition of
the low-rent housing project is proposed approve the project by voting in favor at an election, as
specified. This measure would repeal these provisions.
Total Measures: 27
Total Tracking Forms: 162
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Example Objective Design Standards
Housing Legislation
City Council Study Session
CITY OF SANTA ROSA OBJECTIVE DESIGN STANDARDS
(https://qcode.us/codes/santarosa/)
20-39.010 Purpose of Chapter
This chapter establishes objective residential design standards that are sourced from the City’s
Design Guidelines. Typically, new residential development is required to go through the City’s
discretionary Design Review process, which includes review for compliance with the City’s
Design Guidelines. The Design Guidelines are subjective in nature and demonstrate preferences
while allowing discretion and flexibility, and as such, cannot be enforced through a streamlined
ministerial process. The proposed Objective Design Standards for Streamlined and Ministerial
Residential Developments aim to incorporate the intent of the Santa Rosa Design Guidelines to
the greatest extent possible, while complying with the intent of State legislation to facilitate and
expedite the construction of housing in Santa Rosa. (Ord. 2019-018 § 2).
20-39.020 Applicability
The provisions of this chapter apply to all residential projects which upon applicant request and
demonstration of eligibility, qualify for streamlined and ministerial processing. (Ord. 2019 -018 §
2).
20-39.030 Objective Residential Design Standards (Ord. 2019-018 § 2)
Consistent with existing State law, objective standards are those that involve no personal or
subjective judgment by a public official and are uniformly verifiable by reference to an exte rnal
and uniform benchmark.
Residential developments that are subject to this chapter must be consistent with each of the
standards below:
A. Neighborhood compatibility.
1. Residential projects located across the street from single-family neighborhoods shall
orient the buildings to the street with individual entries, patio areas and landscaping
facing the single-family homes. Parking lot areas and carports shall not be located along
single-family neighborhood street frontages.
2. Duplexes, triplexes, and fourplexes abutting single-family neighborhoods shall include
individual front doors and interior stairs (when stairs are needed).
3. When determined necessary by a noise assessment, sound walls shall include an earth
berm and landscaping. Walls between buildings shall be extended to create pockets of
protected common space avoiding long continuous walls for the entire length of a
project site.
B. Building design.
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Example Objective Design Standards
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1. Buildings shall carry the same theme on all elevations. For the purposes of this
standard, a theme includes primary (non-accent) materials and colors.
2. Affordable units and market rate units in the same development shall be constructed of
the same or similar exterior materials and details such that the units are not
distinguishable.
3. Blank walls (façades without doors, windows, landscaping treatments) shall be less
than 30 feet in length along sidewalks, pedestrian walks, or publicly accessible outdoor
space areas.
4. Buildings over three stories must provide a ground floor elevation that is distinctive
from the upper stories by providing a material change between the first floor and upper
floors along at least 75% of the building façade with frontage upon a street, adjacent
public park or public open space.
5. Trim surrounds shall be provided at all exterior window and door openings. In lieu of
exterior window trim, windows can be recessed from wall plane by a minimum of three
inches.
6. At least two materials shall be used on any building frontage, in addition to glazing and
railings. Any one material must comprise at least 20% of the building frontage.
7. A minimum of 5/8 inch thickness is required for panel siding. Battens are required to
be incorporated into the design for a board and batt appearance.
C. Massing/articulation.
1. A minimum of two features such as balconies, cantilevers, dormers, bay windows,
patios, individualized entries, and accent materials shall be incorporated into each
project building.
2. A minimum one-foot offset is required for any wall plane that exceeds 30 feet in length.
3. Buildings over three stories tall shall have major massing breaks at least every 100 feet
along any street frontage, adjacent public park, publicly accessible outdoor space, or
designated open space, through the use of varying setbacks and/or building entries.
Major breaks shall be a minimum of 30 inches deep and four feet wide and extend the
full height of the building.
4. Buildings shall have minor massing breaks at least every 50 feet along the street
frontage, through the use of varying setbacks, building entries and recesses, or
structural bays. Minor breaks shall be a minimum of 12 inches deep and four feet wide
and extend the full height of the building.
5. Rooflines shall be vertically articulated at least every 50 feet along the street frontage,
through the use of architectural elements such as parapets, varying cornices, reveals,
clerestory windows, and varying roof height and/or form.
D. Outdoor/common space.
1. Each multifamily unit outside the Downtown Station Area Specific Plan boundary shall
have a minimum of 40 square feet of private outdoor space directly adjacent to the unit.
For the purposes of this standard, private outdoor space is defined as outdoor space that
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Example Objective Design Standards
Page 3
is usable and accessible only to the building residents and their visitors, but not to the
general public.
2. Common useable open space is required for all multifamily projects with more than 10
units outside the Downtown Station Area Specific Plan boundary.
3. A minimum of 60% of the common usable open space shall be provided as a landscaped
green area or garden, with the remaining area in hardscape.
4. Outdoor seating shall be provided at common usable open space areas and outside of
laundry facilities.
5. Multifamily developments (except Senior restricted multifamily developments) outside
the Downtown Station Area Specific Plan boundary exceeding 22 bedroom units shall
have two outdoor areas, one for adults and one for a child play area. For the purpose of
this standard, adult open space does not include play equipment, but does include tables
with seating.
6. Multifamily developments (except Senior restricted multifamily developments) outside
the Downtown Station Area Specific Plan boundary exceeding 100 units shall have
three open space areas, one for adults, one for teenagers, and one for younger children.
For the purpose of this standard, adult open space does not include play equipment, but
does include tables with seating, and teenage outdoor areas include sports fields, age-
appropriate park equipment, or other recreational equipment.
7. Play equipment for children under the age of five shall be included in child play areas.
The play area must be visible to as many units as possible to provide casual surveillance
and be separated from traffic. Benches or picnic tables for adults that are accompanying
younger children shall be provided.
E. Site design.
1. When dwelling units are abutting open space areas, a minimum of one window from
each dwelling shall be located to overlook common area.
2. Garages and carports shall be designed to include a minimum of two of the following
from the main building(s): materials, detailing, roof materials, and colors.
3. Controlled entrances to parking facilities (gates, doors, etc.) shall be located a minimum
of 18 feet from the back of sidewalk, in order to accommodate one vehicle entering the
facility.
4. Where bicycle parking is not visible from the street, directional signage shall be
included at the main building entrance.
5. Screen all parking areas, covered and uncovered, from public street frontages.
Screening may be accomplished through building placement, landscaping, a planted
earth berm, planted fencing, topography, or some combination of the above.
Landscaping used for screening purposes shall be no less than 15 feet wide (from the
back of sidewalk or street curb to the parking lot paving, whichever is gr eater) and no
less than four feet tall.
F. Accessory elements.
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Example Objective Design Standards
Page 4
1. Perimeter fencing utilized along public street shall be constructed of decorative iron,
pre-painted welded steel, or wood picket material.
2. The height of solid fencing between private yards and common open spaces shall be
limited to four and one-half feet in height. If a six-foot fence is desired, the top 18
inches should allow for vision in and out of the yard.
3. Screen roof top equipment from visibility. The point of view for determining visibility
shall be five feet above grade at a distance of 200 feet. If the roof structure does not
provide this screening, include an equipment screen in the design.
4. Screen all exterior trash, recycling, and storage utility boxes, wood service poles,
electric and gas meters, fire sprinkler valves and backflow preventers and transformers.
5. Refuse containers.
a. Four units or less may be served by individual garbage containers. When individual
garbage cans are used, they must either fit in the garage or into a special enclosure.
b. When there are five units or more, provide dumpsters for garbage collection within
a special enclosure.
c. When dumpsters are to be used, designers shall coordinate with the refuse pickup
provider to determine the size and number of dumpsters required. A rule of thumb
is to allow for between 30 and 90 gallons per unit per week, depending on size of
the unit.
d. Shield all dumpsters within an enclosure a minimum of six feet tall. Allow adequate
size to accommodate the needed dumpsters and recycling containers. All enclosures
and gates should be detailed to withstand heavy use. Provide wheel stops or curbs
to prevent dumpsters from banging into walls of enclosure.
e. Make allowances within the enclosure for stacking recycling crates (in small
projects) and recycling dumpsters (in large projects)
f. Provide an opening so that pedestrians can access the dumpsters without opening
the large gates.
g. Provide lighting at trash enclosures for night time security and use.
h. Locate dumpster enclosures so that no dwelling is closer than 20 feet (including
those on abutting properties), or more than 100 feet from a residential unit. No
minimum distance from dwellings is required if dumpsters are located within a fully
enclosed room.
G. Additional objective standards within Zoning Code. Projects subject to this chapter must
comply with all other applicable objective standards within this Zoning Code including, but
not limited to:
1. Development Standards as indicated in Sections 20-22.040, 20-22.050, 20-23.040, 20-
24.040, and 20-26.040, as may be amended.
2. Combining District Standards as indicated in Sections 20-28.030, 20-28.040, 20-
28.050, 20-28.060, 20-28.070, 20-28.080, 20-28.090, and 20-28.100, as may be
amended.
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Example Objective Design Standards
Page 5
3. Landscaping Standards as indicated in Sections 20-34.040, 20-34.050, 20-34.060,
and 20-34.070, as may be amended.
4. Parking and Loading Standards as indicated in Sections 20-36.030, 20-36.040, 20-
36.050, 20-36.060, 20-36.070, 20-36.080, and 20-36.090, as may be amended, unless
otherwise superseded by State law.
5. Creekside Development Standards as indicated in Section 20-30.040.B.1, B.2, C, D,
and E, as may be amended.
6. Outdoor Lighting Standards as indicated in Section 20-30.080, as may be amended.
7. Fences, Walls and Screening Standards as indicated in Section 20-30.060.B, C, and G,
as may be amended.
8. Height Measurement and Exception Standards as indicated in Section 20-30.070, as
may be amended.
9. Hillside Development Standards as indicated in Section 20-32.050, as may be
amended.
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Trial Balance Report Report Date 02/09/2021 4:23 PM
City of San Luis Obispo Page 1 of 1
Ledger City of San Luis Obispo
Fund 505 Affordable Housing Fund
Account Description Beginning Balance
(USD)
Debits
(USD)
Credits
(USD)
Ending Balance
(USD)
11001 Cash (including cash equivalents)2,481,192.97 128,637.87 58,200.00 2,551,630.84
12007 Allowance for Doubtful Accounts -215,000.00 0.00 0.00 -215,000.00
12010 Accrued Interest 1,372,279.60 0.00 0.00 1,372,279.60
13002 Loans Receivable 6,314,429.16 0.00 0.00 6,314,429.16
17001 Interfund 0.00 134,335.00 134,335.00 0.00
21015 Deferred Inflow Other (ex: unavailable
revenue)
-1,362,982.62 0.00 0.00 -1,362,982.62
31009 Restricted - Other -6,288,657.60 0.00 0.00 -6,288,657.60
32001 Undesignated -2,323,597.95 0.00 0.00 -2,323,597.95
33001 Budgetary Fund Balance 2,500,641.00 0.00 0.00 2,500,641.00
33002 Expenditure Budget Control -2,522,641.00 0.00 0.00 -2,522,641.00
33003 Revenue Budget Control 22,000.00 0.00 0.00 22,000.00
33004 Encumbrances 80,000.00 0.00 0.00 80,000.00
33005 Reserve for Encumbrances -80,000.00 0.00 0.00 -80,000.00
33006 Retained Earnings 22,336.44 0.00 0.00 22,336.44
44310 Miscellaneous Revenue 0.00 0.00 128,637.87 -128,637.87
75001 Transfers - Out 0.00 58,200.00 0.00 58,200.00
Total for Fund 505 Affordable Housing Fund 0.00 321,172.87 321,172.87 0.00
($2,335,000)
Adjust to remove $35,524.87
of repaid FTHB loan payoff
(2975 Rockview Dr. #19);
Ending Balance = $93,113
$81,710.95
Undesignated & Adjusted Miscellaneous Revenue Ending Balance:
2020-21 Commitment to PSHH & HASLO:
Remainder Undesignated & Adjusted Miscellaneous Revenue Ending Balance Available:
$2,416,710.95
Item 13
Packet Page 121