HomeMy WebLinkAbout09-22-2021 PC Agenda Packet
Planning Commission
AGENDA
Wednesday, September 22, 2021, 6:00 p.m.
Teleconference - Broadcast via Webinar
Due to the increasing number of COVID-19 cases in San Luis Obispo County, City Administration has
made the difficult decision to return to a virtual meeting format. 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 Planning Commission are allowed to attend
the meeting via teleconference and to participate in the meeting to the same extent as if they were
present.
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encouraged to participate in Planning Commission meetings in the following ways:
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Public Comment - The Planning Commission 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
advisorybodies@slocity.org or U.S. Mail to City Clerk at 990 Palm St. San Luis Obispo,
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In Advance of the Meeting – Call (805) 781-7164; state and spell your name, the agenda
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Pages
1.CALL TO ORDER
Chair Jorgensen will call the Regular Meeting of the Planning Commission to
order with Commissioners present via teleconference.
2.PUBLIC COMMENT
At this time, people may address the Commission about items not on the
agenda. Comments are limited to three minutes per person. Items raised at this
time are generally referred to staff and, if action by the Commission is
necessary, may be scheduled for a future meeting.
3.CONSENT
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 Planning Commission to pull an item for discussion. The public may
comment on any and all items on the Consent Agenda within the three-minute
time limit.
3.a.CONSIDERATION OF MINUTES - SEPTEMBER 8, 2021 PLANNING
COMMISSION MINUTES
5
Consideration of the Planning Commission Minutes of September 8,
2021.
4.PUBLIC HEARINGS
Note: Any court challenge to the action taken on public hearing items on this
agenda may be limited to considering only those issues raised at the public
hearing or in written correspondence delivered to the City of San Luis Obispo at,
or prior to, the public hearing. If you wish to speak, please give your name and
address for the record. Please limit your comments to three minutes; consultant
and project presentations limited to six minutes.
4.a.175 VENTURE DR. (ARCH-0624-2020) REVIEW OF THE PROPOSED
DESIGN AND LAYOUT FOR THE PHASED MEDIUM DENSITY
RESIDENTIAL (R-2) COMPONENT OF THE AVILA RANCH
DEVELOPMENT PROJECT
9
Recommendation:
Adopt a Resolution entitled, “A Resolution of the Planning Commission
of the City of San Luis Obispo approving site design and layout for 297
residential units within the R-2 Component of the Avila Ranch Project to
be developed within Phases 1-3 of the Development Plan, including a
fence height exception adjacent to an industrial area and finding the
project is exempt from further environmental review under the California
Environmental Quality Act (CEQA); as represented in the staff report
and attachments dated March 11, 2020, for the project located at 175
Venture Drive (ARCH-0624-2020).”
4.b.REVIEW OF A DRAFT ORDINANCE AMENDING TITLE 17 (ZONING
REGULATIONS) OF THE MUNICIPAL CODE WITH OBJECTIVE
DESIGN STANDARDS FOR QUALIFYING RESIDENTIAL PROJECTS
327
Recommendation:
Adopt a Resolution entitled, "A Resolution of the Planning Commission
of the City of San Luis Obispo recommending the City Council introduce
and adopt an Ordinance amending Title 17 (Zoning Regulations) of the
Municipal Code adding Objective Design Standards Chapter 17.69 for
qualifying residential projects with an exemption from Environmental
Review (CEQA) as represented in the Planning Commission Agenda
Report and attachments dated September 22, 2021 (Citywide; CODE-
0523-2021)."
5.COMMENT AND DISCUSSION
5.a.STAFF UPDATES AND AGENDA FORECAST
Receive a brief update from Deputy Community Development Director
Tyler Corey.
6.ADJOURNMENT
The next Regular Meeting of the Planning Commission meeting is scheduled for
October 13, 2021 at 6:00 p.m. via teleconference.
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Planning Commission regular meetings are televised live on Charter Channel
20. Agenda related writings or documents provided to the Planning Commission
are available for public inspection on the City’s website:
http://www.slocity.org/government/advisory-bodies. Meeting video recordings
can be found on the City’s website:
http://www.slocity.org/government/department-directory/city-clerk/on-demand-
meeting-videos
1
Planning Commission Minutes
September 8, 2021, 6:00 p.m.
Teleconference - Broadcast via Webinar
Planning
Commissioners
Present:
Commissioner Hemalata Dandekar, Commissioner Michael
Hopkins, Commissioner Steve Kahn, Commissioner Michelle
Shoresman, Commissioner Mike Wulkan, Chair Bob Jorgensen
Planning
Commissioners
Absent:
Vice Chair Nick Quincey
City Staff Present: Senior Planner Brian Leveille, Assistant City Attorney Markie
Jorgensen, and Deputy City Clerk Kevin Christian
_____________________________________________________________________
1. CALL TO ORDER
A Regular Meeting of the San Luis Obispo Planning Commission was called to
order on September 8, 2021, at 6:07 p.m.
2. PUBLIC COMMENT
Chair Jorgensen opened the public hearing.
Public Comments:
None
--End of Public Comment--
Chair Jorgensen closed the public hearing.
Page 5 of 351
2
3. CONSENT
3.a CONSIDERATION OF MINUTES - AUGUST 25, 2021, PLANNING
COMMISSION MINUTES
Approve the Planning Commission Minutes of August 25, 2021.
Motion By Commissioner Wulkan
Second By Commissioner Shoresman
Ayes (6): Commissioner Dandekar, Commissioner Hopkins,
Commissioner Kahn, Commissioner Shoresman, Commissioner Wulkan,
and Chair Jorgensen
Absent (1): Vice Chair Quincey
CARRIED (6 to 0)
4. PUBLIC HEARINGS
4.a 1953 CHORRO (APPL-0512-2021) AN APPEAL OF THE COMMUNITY
DEVELOPMENT DIRECTOR’S DECISION TO DENY A DIRECTOR’S
ACTION APPLICATION (DIR-0599-2019) REGARDING A REQUEST
FOR SETBACK EXCEPTIONS TO ACCOMMODATE AN 800 SQUARE-
FOOT ACCESSORY STRUCTURE
Assistant Planner Walter Oetzell presented the staff report and responded
to Commission inquiries. Additional input was supplied by Steve Sheats,
Code Enforcement Officer, and Senior Planner Brian Leveille.
Appellant Todd Miller provided rebuttal comments to items presented in
the staff report.
Chair Jorgensen opened the public hearing.
Public Comments:
None
--End of Public Comment--
Chair Jorgensen closed the public hearing.
Page 6 of 351
3
Motion By Commissioner Hopkins
Second By Commissioner Dandekar
Adopt a Resolution entitled, "A Resolution of the Planning Commission of
the City of San Luis Obispo, California, denying an Appeal and upholding
the Community Development Director’s decision denying a request for a
discretionary exception from Side and Rear Setba ck Standards for an
Accessory Structure at 1953 Chorro Street (APPL 0512 2021)."
Ayes (5): Commissioner Dandekar, Commissioner Hopkins,
Commissioner Kahn, Commissioner Shoresman, and Commissioner
Wulkan
Noes (1): Chair Jorgensen
Absent (1): Vice Chair Quincey
CARRIED (5 to 1)
5. COMMENT AND DISCUSSION
5.a STAFF UPDATES AND AGENDA FORECAST
Senior Planner Brian Leveille provided an update of upcoming projects.
6. ADJOURNMENT
The meeting was adjourned at 7:38 p.m. The next Regular Meeting of the
Planning Commission meeting is scheduled for September 22, 2021, at 6:00 p.m.
via teleconference.
_________________________
APPROVED BY PLANNING COMMISSION: XX/XX/2021
Page 7 of 351
Page 8 of 351
PLANNING COMMISSION AGENDA REPORT
SUBJECT: REVIEW OF THE PROPOSED DESIGN AND LAYOUT FOR THE PHASED
MEDIUM DENSITY RESIDENTIAL (R-2) COMPONENT OF THE AVILA RANCH
DEVELOPMENT PROJECT, CONSISTING OF 297 RESIDENTIAL UNITS; THE
PROJECT APPLICATION INCLUDES A FENCE HEIGHT EXCEPTION TO ALLOW A
MAXIMUM 13
PROJECT ADDRESS: 175 Venture Drive BY: John Rickenbach, Contract Planner
Phone Number: 805-610-1109
Email: jfrickenbach@aol.com
FILE NUMBER: ARCH-0624-2020 FROM: Tyler Corey, Deputy Director
RECOMMENDATION
Adopt the Draft Resolution approving the proposed site design and layout for the R -2
component of the Avila Ranch Project to be developed within Phases 1 -3 of the
Development Plan, including a fence height exception adjacent to an industrial area,
based on findings and subject to the Conditions of Approval.
SITE DATA
Applicant
Representative
General Plan and
Zoning
Site Area
Environmental
Status
Wathen Castanos Homes
Carol Florence; Reed Onate
Medium Density Residential; R-2-SP
within the Airport Area SP
150 acres for the entire Avila Ranch
area (27.3 acres within the R-2-SP
zone)
Consistent with Avila Ranch certified
Final EIR
1.0 BACKGROUND AND SUMMARY
On September 19, 2017, the City Council approved the Avila Ranch project, which
envisioned phased development of up to 720 homes and 15,000 square feet of
neighborhood-serving commercial uses on a 150-acre site on three parcels in the
southern portion of the City of San Luis Obispo, generally northeast of Buckley Road and
Vachell Lane (APNs 053-259-004, -005 and -006).
Meeting Date: 9/22/2021
Item Number: 4a
Time Estimate: 60 minutes
Figure 1. Avila Ranch Area within the
Airport Area Specific Plan
Page 9 of 351
Item 4a
ARCH-0624-2020
Planning Commission Report – September 22, 2021
The project as approved was determined to be consistent with the City’s General Plan,
Airport Area Specific Plan (as amended), and the City’s Community Design Guidelines.
It was also determined to be consistent with the County’s Airport Land Use Plan.
The project site is within a portion of the Airport Area Specific Plan and is designated as
Medium Density Residential (R-2). Figure 1 shows the proposed project site and key
information about the site. The proposed action is consistent with the certified Final EIR
for Avila Ranch project.
The following entitlements were included as part of project approval to facilitate
development:
Resolution 1832 (2017 Series) certifying the Final Environmental Impact Report
for the project, amending both the Airport Area Specific Plan and General Plan,
and approving Vesting Tentative Tract Map No. 3089.
Resolution 1638 (2017 Series) rezoning property at 175 Venture Drive (the
Project) from Business Park/Specific Plan Area (BP -SP) and Conservation /Open
Space/Specific Plan Area (C/OS/SP) to be consistent with the Project’s
Development Plan and with the General Plan and Airport Area Specific Plan, as
amended to enable development of 720 residential units and 15,000 square feet
of neighborhood commercial on a 150-acre site. The Project also includes 18 acres
of parks and 53 acres of designated open space.
Ordinance 1639 (2017 Series) approving the Development Agreement (DA)
between the City and Avila Ranch LLC. The Project was subsequently sold to
Wathen Castanos Homes, and with it, the rights and obligations associated with
the DA. The DA ensures phased and orderly development of the Project, and
includes provisions for reimbursement for public infrastructure and improvements
beyond project requirements.
The applicant now requests that the Planning Commission approve the proposed design
and layout for the Medium Residential Density (R-2) component of the project. The
majority of the R-2 zoned property is located within Phase 1 of the approved Development
Plan, with the remainder of the R-2 zoning in Phases 2 and 3, consistent with what is
described in the Development Plan. In all, the project would accommodate 297 R-2 units,
which would be constructed in three phases (refer to Figure 2, Avila Ranch Project
Phasing and R-2 Locations). Phase 1 would include 179 R-2 units, with 29 R-2 units as
part of Phase 2 and 89 R-2 units in Phase 3. The current application also includes a
fence height exception request to provide screening between the residential development
and the adjacent existing industrial/manufacturing development north and west of
portions of Phase 1 development.
Page 10 of 351
Item 4a
ARCH-0624-2020
Planning Commission Report – September 22, 2021
2.0 PROJECT DETAILS
The proposed application is for the Planning Commission to consider approval of the
design aspects of the R-2 component of the Avila Ranch project, which would be
constructed in Phases 1-3 of the project. If approved, the R-2 products as envisioned
would be developed in the framework of existing project entitlements, subject to the
policies of the General Plan, AASP, and requirements of the Avila Ranch Development
Agreement and Development Plan. Figure 2 shows the phasing within Avila Ranc h, and
the R-2 areas in more detail, which is exclusively in the first 3 phases of the 6 -phase
project. The layout shown is consistent with the approved Tract Map.
Two types of R-2 products are proposed, and these are described in the Avila Ranch
Development Plan. These are called the Cluster and Pocket Cottage units, which differ
in their design, size and layout. These are briefly described below but described in detail
on Sheets A1.1 through A9.2 of the project plans (Attachment B).
Page 11 of 351
Item 4a
ARCH-0624-2020
Planning Commission Report – September 22, 2021
Cluster units would range in size from 1,609 to 2,273 square feet (SF). These are 3 -
bedroom units, most with 2.5 bathrooms, although some have 3 full bathrooms. Overall,
six floor plans are proposed, including two floor plans that are repeated from the pocket
cottage product. The Pocket Cottage units are slightly smaller, ranging in size from 819
to 1,708 SF, with five floor plans proposed. The smallest unit has 2 bedrooms and 1
bathroom, while the others have 1.5 to 2.5 bathrooms.
Architectural Design Concept
The overall community has been designed in small motor court clusters, sharing a drive
aisle and landscaped paseo on either side of the homes. This design approach is intend ed
to present a pedestrian friendly street façade and scale along the main circulation streets
by eliminating the street facing garage door and driveways. Consistent with the
Development Plan, five architectural styles are proposed. These include Spanish
(Mission), Bungalow, Craftsman, Farmhouse and Contemporary. In the case of the
cluster units, any of the five styles could be applied to any of the six proposed floor plans.
For the cottage units, there is a greater emphasis on the Spanish style, especi ally for the
smallest units, which would be exclusively in this style. Please refer to the Agenda Report
for the Architectural Review Commission meeting of August 16, 2021.
Table 1 summarizes the proposed floor plans within the R-2 zone, including key features
and the applicability of the various architectural styles.
Table 1. Summary of Proposed R-2 Development
Cluster Units
Plan # Size Stories Bedroom/
Baths
Garage Architectural
Styles
# of Units in
Phase 1
Same as Cottage
plan 2
1,609 SF 2 3BR / 1.5BA 1 car A, B, C, D, E 15
Same as Cottage
plan 3
1,708 SF 2 3BR / 2.5BA 1 car A, B, C, D, E 5
1 1,805 SF 2 3BR / 2.5BA 2 car A, B, C, D, E 17
2 1,900 SF 2 3BR / 2.5BA 2 car A, B, C, D, E 20
3 2,066 SF 2 3BR / 2.5BA 2 car + bonus room A, B, C, D, E 43
4 2,273 SF 2 3BR / 3BA 2 car + bonus room A, B, C, D, E 31
TOTAL 131
Pocket Cottage Units
1 1,169 SF 2 3BR / 1.5BA 1 car A, B, D 8
2 1,609 SF 2 3BR / 2.5BA 1 car A, B, C, D, E 12
3 1,708 SF 2 3BR / 2.5BA 1 car A, B, C, D, E 13
4 1,551 SF 2 3BR / 2.5BA 1 car A 2
5 819 SF 1 2BR / 1BA 1 car A 13
TOTAL 48
All Phase 1 179
Architectural Style Key:
A – Spanish (Mission) B – Bungalow C – Craftsman D – Farmhouse E – Contemporary
Page 12 of 351
Item 4a
ARCH-0624-2020
Planning Commission Report – September 22, 2021
Figures 3 and 4 show renderings of the development concept, and how the various
architectural and design elements would interact with parks and pedestrian paseos. The
intent of the overall design is to mix architectural styles and floor plans throughout t he
development consistent with the intent of the Development Plan. Additional renderings
and design details are included in the application package (Attachment B, Sheets AS1.0
through AS1.4).
Figure 3. Rendering of Development Concept
Figure 4. Rendering of Development Concept
Page 13 of 351
Item 4a
ARCH-0624-2020
Planning Commission Report – September 22, 2021
Details related to the treatment of pedestrian paseos, particularly how they would interact
with neighboring development and landscaping, are included on Sheets L1.0 to L1.8.
Additional details related to lighting, colors and materials are included on Sheets A10.0
to A10.5 (Attachment B, Project Plans).
3.0 PROPOSED FENCE HEIGHT EXCEPTION
Municipal Code section 17.70.070 allows a maximum
wall/fence height of 6 feet along rear and side
setbacks or up to 9 feet when combined with a
retaining wall. Exceptions to these requirements can
be granted for circumstances relating to topography
and privacy. (SLMC § 17.70.070(H).) A fence height
exception is requested along the north and west tract
boundaries adjacent to an industrial property (APN
053-259-003) to allow for a 6-foot high solid fence
atop a previously approved retaining wall. The
requested maximum total combined wall/fence height
is proposed at 13 feet.
This exception is requested in response to the site
topography and to provide privacy for proposed
residential uses from the adjacent active industrial
development, notably the parking areas near the
property line. The majority of the retaining wall would
face the residential development. The proposed
fences would be located in the rear and side yards of
the residential development and would not be visible
along public roads.
See Figure 5 for the proposed fencing concept, which
shows some of the detail from Sheet E1.0, included
as Attachment B. The site retaining walls were
approved and permitted as part of Tract 3089 Phase
1 Improvements (FMAP-1563-2018) and are
included for graphic reference only to depict the total
wall/fence height. The retaining wall varies in height
from 2 to 7 feet. Although the combined height of the
retaining wall and fence could be as high as 13 feet,
because of topographic variation, in other areas it
would be under 9 feet. Due to the tract drainage
improvements, topography, and location of the
approved walls, it is infeasible to offset the fence from
the retaining wall.
Figure 5. Proposed Fence Height Exception
Page 14 of 351
Item 4a
ARCH-0624-2020
Planning Commission Report – September 22, 2021
4.0 PLANNING COMMISSION PURVIEW
The Planning Commission’s role is to consider approval of the proposed design of the R-
2 product and fence height exception request, informed by the recommendations of the
Architectural Review Commission. In arriving at a decision, the Planning Commission
should consider the proposal’s consistency with the General Plan1, Airport Area Specific
Plan (AASP), Zoning Regulations2, Community Design Guidelines, and other applicable
City development standards. The Planning Commission should determine if the proposal
is consistent with the intent of the Avila Ranch Development Plan.
If approved by the Planning Commission, any future development of the 297 allowed
housing units within the R-2 zone may be processed ministerially, provided it complies
with the Mitigation Measures in the certified Final EIR, the Conditions of Approval set forth
at the time the Avila Ranch project was originally approved, and is in conformance with
approved Venting Tentative Tract Map 3089 and Development Agreement.
5.0 PREVIOUS REVIEW
The Avila Ranch project was originally approved by the City Council in September 2017.
This included a Development Agreement, Development Plan, VTTM 3089, and a certified
Final EIR that addressed the entire development, including the R-2 portion of the project.
The approved project had been previously reviewed by the Planning Commission,
Architectural Review Commission, Parks and Recreation Commission, Bicycle Advisory
Committee, and Airport Land Use Commission, all of which informed the City Council’s
decision. The current application that is focused on the R -2 product design and fence
height exception was reviewed by the Architectural Review Commission on August 16,
2021, which unanimously recommended approval to the Planning Commission, with the
following direction:
1. The Contemporary architectural scheme should be revisited to bring more “grace,”
and have the massing match other styles more effectively;
2. Recommended flexibility in implementing Development Plan Standard 7.1.3, such
that the predominant architectural style within an identified neighborhood could be
40-60% of the units in that neighborhood, rather than the 60% prescribed by the
standard;
3. Confirm compliance with sustainability requirements of the Development
Agreement and Development Plan as appropriate; and
4. Supported the proposed fence height exception.
1 General Plan: Land Use Element Chapter 2 (Conservation and Development of Residential
Neighborhoods), Chapter 3 (Commercial and Industrial Development), Chapter 8 (Special Focus Areas)
and Chapter 9 (Sustainability); Housing Element Chapter 3 (Goals, Policies and Programs)
2 Zoning Regulations Article 3 (Regulations and Standards Applicable to All Zones)
Page 15 of 351
Item 4a
ARCH-0624-2020
Planning Commission Report – September 22, 2021
6.0 PROJECT ANALYSIS
The proposed development must be consistent with the requirements of the General Plan,
Zoning Regulations, AASP, Development Agreement, and Avila Ranch Development
Plan (ARDP). Notably, upon its approval, the project (including the Development
Agreement and ARDP) was found to be consistent with the General Plan and AASP, and
is directly referenced in the AASP. Therefore, consistency with the Development
Agreement and ARDP are the key considerations with respect to this project, and these
are the focus of the analysis that follows.
The Development Agreement (DA) and ARDP were intended to work together to provide
direction for the project, with the City’s Zoning Regulations used to determine
development parameters where the ARDP is either silent or open to interpretation. The
DA, in particular, is the overarching guidance document, which specifies the required
approach to a number of topics, including infrastructure, affordable housing, energy use
and others. As such, it is useful for determining the intent of the DA and ARDP when
provisions of those documents require interpretation, especially as the ARDP was put
together without the benefit of a detailed project design, and did not anticipate all
situations that arise through the design review process. For this reason, the analysis that
follows is often framed in terms of whether the project application meets the intent of the
ARDP, rather than necessarily follows all of the specific provisions described in that
document, some of which may no longer be applicable or appropriate based on updated
citywide regulations (notably some of the provisions related to energy use). Other
aspects of the ARDP may be more practically achieved through the applicant’s proposal,
notably with regard to certain site design considerations. This is especially the case with
regard to how setbacks and building heights are determined when considered in the
context of the City’s zoning requirements for R-2 development.
6.1 Development Agreement
Flexibility
With respect to project design within the R-2 Zone, the Development Agreement includes
several relevant provisions, the most important of which is Section 8.06, which recognizes
a need for flexibility during project implementation, and the need to potentially allow for
minor deviations from the Development Plan, if th e project is consistent with the intent of
the Development Plan. Specifically, it states:
“…Implementation of the project may require minor modifications of the details of the
Development Plan and affect the performance of the Parties to this Developme nt
Agreement. The anticipated refinements of the Project and the development of the
Property may require that appropriate clarifications and refinements are made to this
Development Agreement and Entitlements with respect to the details of the performance
of the City and the Developer. The Parties desire a certain degree of flexibility with
respect to those items covered in general terms under this Development Agreement.”
Page 16 of 351
Item 4a
ARCH-0624-2020
Planning Commission Report – September 22, 2021
In short, the Development Agreement recognized that in order to make a project
implementable, some flexibility in project design might be necessary so long as such
deviations from the Development Plan comport with the intent of the Development
Agreement and Development Plan.
Energy Use
Another key section of the DA concerns energy use, which could potentially affect the
project design. Section 7.07 of the Development Agreement addresses energy
requirements for the project. Specifically, Section 7.07 requires that the project “shall
provide for accelerated compliance with the City’s Energy Conservation Goals and its
Climate Action Plan by implementing energy conservation measures significantly above
City standards and norms.” At the time the DA was adopted in 2017, the project was
evaluated and approved in the context of the 2016 building codes, which provided for
energy conservation measures that were significantly greater than what was in place
before that time. The intent of the DA standards and guidelines as written below was to
go beyond that required by the 2016 building codes, and anticipate what was to be
required in the 2019 Building Energy Efficiency Standards and the City’s Clean Energy
Choice Program, which were not yet adopted at that time. The overall intent of the
Development Plan was to improve energy conservation measures in R-1 and R-2
buildings by at least 15% over the 2016 Title 24 standards, and at least 10% for the R -3,
R-4, NC and other uses. That was also the performance standard set forth in Section
7.07 of the DA.
Section 7.07 of the DA also requires that the project shall provide sustainability features
including:
(i) housing that meets the 2019 net zero building and energy codes, or if the 2019
building and energy codes are not yet adopted upon building permit application,
the equivalent to the satisfaction of the Community Development Director,
(ii) implementing any future city-wide policy regarding carbon emissions reduction,
(iii) solar electric panels,
(iv) integrated power outlets for electric vehicles and electric bicycles,
(v) building design that maximizes grey water usage, and
(vi) work-at-home options with high-speed internet connectivity.
Thus, in order to comply with the DA, and meet the intent of t he Development Plan, the
R-2 project must demonstrate energy conservation in excess of 15% over the 2016 Title
24 standards, and because the 2019 net zero building and energy codes were not
adopted, to satisfy section 7.07(i) the project must include sustainability features
consistent with 2019 energy codes to the satisfaction of the Community Development
Director. The Development Agreement provides the list shown above, but ultimately
leaves it to the Community Development Director to determine whether the proposed
energy design is sufficient to meet requirements.
Page 17 of 351
Item 4a
ARCH-0624-2020
Planning Commission Report – September 22, 2021
It is important to note that at the time the Development Agreement and Development Plan
were approved, the City expected the 2019 energy code to provide “net zero energy”
requirements. However, the California Energy Commission did not provide net zero
energy requirements in the 2019 code, and instead made a pivot to value greenhouse
gas emissions as a top priority and made changes to the energy code that allowed for all -
electric new development. This pivot occurred in parallel with the City’s commitments to
deep reductions in greenhouse gas emissions, prioritizing the reduction in fossil fuels
(including natural gas), and supporting the transition to all-electric buildings.3
Given the shift in state code and City policy towards operational greenhouse gas
emissions instead of net zero energy, the Community Development Director determined
that the proposed project complies with section 7.07(ii-vi) and achieves the City’s policy
objectives in alignment with the intent of the Development Agreement and Development
Plan, therefore satisfying section 7.07(i). First, the project is committed to all-electric units.
This is a key commitment that ensures that as the electricity grid continues to be rapidly
decarbonized, buildings in the project will achieve operational carbon neutrality.
Additionally, the project proposes rooftop solar system sizes beyond what would be
minimally required by the California Energy Code. This is important because the
additional solar will help offset energy costs associated with increased electricity use. In
the cost effectiveness report presented to Council on September 3, 2019, staff provided
evidence that increases in rooftop solar above the amount required by the 2019 Energy
Code ensure that the building occupants pay roughly the same or lower energy costs than
if they occupied a mixed fuel building of the same design.
Table 2 provides a summary of the proposed solar size by plan type as submitted by the
applicant. The applicant proposes increasing the size of the solar system by between 19
and 30 percent over 2019 California Energy Code requirements. Staff met with the
applicant’s solar consultant to review the proposal and concurs that the assessment
provided is accurate and reflects the maximum additional solar available given roof and
site conditions.
3 For example, in 2020 Council 1) joined Central Coast Community Energy (formerly Monterey Bay
Community Energy) to access clean electricity; 2) approved Resolution 11159 (2020 Series) committing to
a carbon neutral community by 2035 and a goal of no new op erational emissions from onsite energy
consumption by 2020; and 3) adopted the Clean Energy Choice Program for New Buildings, which includes
Resolution 11133 (2020 Series), that states, “it is the Policy of the City that new building should be all -
electric.”,
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Table 2. Summary of Proposed Solar Installations
Plan Stories Sq. Ft PROPOSED
Solar System Size
2019 Code Title 24
Code Minimum Size
% above code
minimum size
compliance
Plan 1 - cluster 2 1,848 2.80 kW 2.28 21%
Plan 2 - cluster 2 1,898 2.80 kW 2.28 21%
Plan 3- cluster 2 2,069 3.15 kW 2.61 20%
Plan 4 - cluster 2 2,273 3.15 kW 2.64 19%
Plan 1 - cottage 2 1,167 2.45 kW 1.86 30%
Plan 2 - cottage 2 1,611 2.80 kW 2.23 24%
Plan 3 - cottage 2 1,723 2.80 kW 2.25 24%
Plan 4 - cottage 2 1,554 2.80 kW 2.22 24%
In addition to the all-electric and additional solar commitments, the project also includes
the following sustainability commitments summarized here and described more fully in
Attachment C:
LEED – ND - Compliance with the U.S. Green Building Councils Leadership in
Energy and Environmental Design for Neighborhood Development (LEED- ND)
focuses on the following areas
Green Point Rated
Advanced framing systems
Quality insulation inspections
Energy Star rated appliances
Dual zone high efficiency heat pumps for HVAC systems
High efficiency tanked heat pumps for hot water heating systems including
programmable “smart” systems to match heating with onsite solar production and
low cost grid energy
EPA water-sense fixtures
Bicycle storage area in garages
Voucher for $750 toward an e-bike
Dedicated circuit for EV charger pre-wire
Negotiating with ZipCar for rideshare services
Housing Size and Affordability
Section 7.05 of the DA addresses the projects requirements with respect to providing its
share of affordable and workforce housing. By reference, it bases its requirements on
Appendix G of that document, which describes the intent of development within each
zone, both in terms of housing size and affordability. Table 3 shows what the DA and
Development Plan specify for the R-2 zone, and compares those to what is currently
proposed:
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Table 3. Comparison of Housing Requirements in the DA and ARDP to Proposed
Zoning Unit Type Square Footage
DA (range) DA (avg size) ARDP (range) Proposed
R-2 Cluster (Standard) 1,050-2,200 SF 1,750 SF 1,000-2,400 SF 1,609-2,273 SF
R-2 Pocket Cottage 1,050-1,300 SF 1,200 SF 1,000-1,250 SF 819-1,708 SF
The comparison of the DA and the Development Plan is important, because while they
are similar, they do not completely agree. But while there are minor differences, the intent
of each is to provide a range of housing sizes, generally between 1,000 and 2,400 SF for
the Cluster units, and a slightly smaller size for the Pocket Cottage units. The housing
size is only important to the extent it affects affordability by design, operating under the
assumption that smaller housing sizes are typically more affordable.
While the DA expresses ranges for the square footage of various units, y, the proposed
mix addresses the intent of the housing size provisions of the DA and ARDP document.
Notably, the applicant has worked closely with City staff to develop the housing product
sizes that are proposed, balancing housing size with functionality, lot configurations,
outdoor open space requirements, and affordability by design. The average size of the
131 Cluster units proposed to be developed in Phase 1 is 1,990 SF, which is somewhat
higher than envisioned in either the DA or Development Plan. On the other hand, the
Pocket Cottage product includes 13 units at 819 SF in Phase 1, which is substantially
below the anticipated range of what either document calls for. Another 8 Pocket Cottage
units in Phase 1 would be 1,169 SF, which is also well below the average size envisioned
in the DA, suggesting product that would be relatively more affordable by design.
The development of the R-2 housing products would be subject to the affordable housing
provisions set forth in the DA, which includes 9 deed restricted units in the Pocket Cottage
product in addition to those that are intended to be more affordable by design (based on
size).
6.2 Avila Ranch Development Plan
The Avila Ranch Development Plan (ARDP) was approved by the City Council as one of
the key project entitlements in 2017. In general, it provides the blueprint for future
development in the Avila Ranch planning area, and provides the standards and guidelines
for such development pursuant to that portion of the Airport Area Specific Plan, of which
Avila Ranch is a part. The ARDP also works in conjunction with the Development
Agreement, and in some cases, the City’s Zoning Regulations, for some project aspects
that are not otherwise addressed in the ARDP.
At the time the ARDP was approved, the City Council provided direction to staff for certain
items to “clean up” without changing the fundamental direction of the document itself.
Some of these items related to input previously provided by th e ARC and Planning
Commission prior to its approval and requested clarification with respect to how standards
for the smaller Pocket Cottage units might vary from those for Cluster units.
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Since then, staff has prepared a “cleaned up” version of the docu ment that incorporates
Council’s direction, and also includes clarifying language regarding its application in
conjunction with the Development Agreement for the project. The Development Plan is
included as Attachment E. The applicant’s proposed refinement of R-2 standards included
in the ARDP for the Cluster and Pocket Cottage units is included as Attachment F.
Notably, some flexibility was built into the ARDP through the provisions of the
Development Agreement, as previously discussed. This is importan t, because it allows
for some deviation from Development Plan standards in project design, if such deviations
are determined to be consistent with the intent of both the Development Agreement and
ARDP as applicable.
Although the ARDP addresses a wide range of issues, the most important portion of the
document that relates to housing and site design is the Design Framework section
(Attachment E – Avila Ranch Development Plan, page 36). This section includes
numerous standards and guidelines that complement the City’s R-2 Zoning requirements,
and in some cases provide further direction or refinement as it relates to parameters such
as building height, setbacks, and minimum lot sizes. Table 4 summarizes the key
proposed project components within the R-2 zoned portion of the Avila Ranch project
area, and a comparison to the regulations as set forth in both the Avila Ranch
Development Plan and the City’s Zoning regulations:
Table 4. Comparison of Approved ARDP, R-2 Zoning Regulations, and Proposed
Development
Approved DP (2017) Zoning Regs for R-2
Proposed
Cluster Units
Proposed
Cottage Units
Minimum Front
Street setback
15 feet to dwelling; 10
feet to porch
20 feet Same as
Approved DP
Same as
Approved DP
Minimum Rear
setback
Alley or street access: 20
feet and 13 feet to
garage; 3.5 feet for
detached units; Cluster
units 5 feet
Variable: 5-15 feet,
which affects building
height
Same as
Approved DP
Same as
Approved DP
Minimum Side
setback
0 feet or as provided in R-
2 zone (attached); 5 feet
for detached
10 feet 8-13 feet for
dwelling; 5-10
feet for porch
8-13 feet for
dwelling; 5-10
feet for porch
Minimum Interior
setback
- Variable: 5-15 feet,
which affects building
height
4 feet 4 feet
Minimum Side
Street setback
- 10 feet 10 feet 10 feet
Maximum Building
Height
Variable: no maximum,
but 1 foot per 1.5 feet of
distance between road
centerline and front of
building.
Variable: up to 35 feet;
based on setback
requirements per Table
2-7.
35 feet 35 feet
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Approved DP (2017) Zoning Regs for R-2
Proposed
Cluster Units
Proposed
Cottage Units
Minimum Lot Area 3,575 SF 5,000 SF 3,575 SF 2,620 SF
Lot Coverage 60% max 50% max 60% max 60% max
Although proposed development is generally consistent with the ARDP as approved,
there are certain areas where the proposed design would diverge slightly. This is
particularly true with respect to building heights and some setbacks. Issues related to
project architecture design were previously reviewed by the ARC, and found to be
consistent with the intent of the ARDP, with the following recommendations to Planning
Commission:
1. The Contemporary architectural scheme should be revisited to bring more “grace”,
and have the massing match other styles more effectively
2. Recommended flexibility in implementing Development Plan Standard 7.1.3, such
that the predominant architectural style within an identified neighborhood could be
40-60% of the units in that neighborhood, rather than the 60% prescribed by the
standard
3. Confirm compliance with sustainability requirements of the Development
Agreement and Development Plan as appropriate
For further discussion on how the modifications outlined above in Table 4 are consistent
with the intent of the ARDP, Community Design Guidelines (CDG) and Zoning
Regulations, see table Table 5 below.
Table 5. Consistency with Intent of the Development Plan and Community Design
Guidelines
Highlighted Sections Discussion Items
Avila Ranch Development Plan – Design Framework
ARDP Standard 1.1: Adherence to
AASP Building Orientation and
Setback Standards
The ARDP builds on the streetscape and pedestrian orientation
standards included in the AASP, and follows the intent of
setback requirements included in the Municipal Code related to
the R-2 zone. The proposed design adheres to these standards
and meets the intent of ARDP standards that relate to these
issues. Figure 6 above shows the relevant proposed standards
for the R-2 zone within the ARDP, which is consistent with the
intent of the ARDP and zoning requirements.
ARDP Standards 1.2, 1.6 and 1.7 and
related guidelines: Building Height
and Setback relationship; driveway
orientation; open space orientation
The intent of this standard is to avoid blocking distant views of
the background topography through the relationship of
setbacks to building height. As designed, the project would
adhere to setback and building height restrictions of the R-2
zone as applied elsewhere in the City. The project meets the
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intent of City requirements, including the municipal code and
applicable ARDP standards.
The project as designed meets the intent of standards related
to driveway and garage orientation away from major street,
and with its paseos and parks, meet the intent of open space
orientation standards. These are also consistent with direction
in the AASP and CDG.
ARDP Standard 2.3: Pedestrian
Activity Areas
This standard calls for all mini parks and pocket park
programmed as part of Avila Ranch to be included in project
design. As indicated on project plans, the R-2 design within
phases 1-3 would allow for the parks shown within these
phases on the approved Tract Map and Development Plan,
including Parks A-E and Stevenson Park, and with appropriate
pedestrian connections as shown in Figures 3 and 4.
ARDP Standard 7.1.2: Required
Architectural Styles
This standard requires that development use one or more of
these architectural styles: Farmhouse, California Bungalow,
Contemporary, Craftsman, or Mission (Spanish). The project
design uses all five styles, distributed throughout the project.
ARDP Standard 7.1.3 and related
guidelines: Distribution of
Architectural Styles
This standard includes a detailed approach to ensure that
architectural styles are distributed throughout the planning
area. The intent is to ensure visual variety and interest
throughout, and large enclaves of overly uniform style and
architecture. The design as envisioned includes 6 different floor
plans for the cluster units, and 5 floor plans for cottage units,
with architectural styles that could apply to those floor plans.
The ARC recommended some flexibility in this ARDP standard,
to allow for the predominant style within an identified
neighborhood to be 40-60% of the housing in that
neighborhood (rather than a strict 60% minimum). The
applicant has indicated the intent to comply with this
recommendation. Sheets AS1.0-AS1.4 demonstrate the intent
of the applicant, and show a variety of styles, colors and floor
plans within a given street scene. In addition, porches are
included in the project consistent with Guideline 7.1.3.E.
ARDP Standards 7.2.3, 7.3.2, 7.3.5
and related guidelines: Scale and
massing, including the relationship
between building height and
setbacks
The ARDP builds on the streetscape and pedestrian orientation
standards included in the AASP, and follows the intent of
setback requirements included in the Municipal Code related to
the R-2 zone. A strict adherence to the ARDP standards for
calculating building heights in the ARDP would result in variable
building heights that are keyed to street width and setbacks,
and would generally be much less than 35 feet, or in cases even
less than 30 feet. This would preclude 2-story designs for much
of the development, and make it difficult to achieve the amount
of housing in the context of expected densities approved with
the project in 2017. Instead, the applicant proposes adherence
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to the 35-foot maximum building height provisions consistent
with the R-2 zone throughout the City. The proposed design
adheres to R-2 zoning requirements related to setbacks and
building heights, and meets the intent of ARDP by allowing for
the housing densities anticipated under the ARDP.
ARDP Standards 7.4.1 and 7.5.1:
Architectural facades and
treatment; colors and materials
The intent of this standard is to ensure that visually prominent
design details are compatible with the overall architectural
style, and that compatible colors and materials are chosen. Key
features include entries, windows, doors, and garages. See
Sheets A1.0 through A9.2 that reflect this standard, showing
details related to each of these features, which are consistent
with the applicable architectural theme. Colors and materials
proposed are shown on Sheets A10.0 to A10.5. These reflect a
variety of color and material choices within compatible
parameters. Colors range from muted grays, whites and
browns augmented by a variety of color choices. Materials
differ depending on architectural style.
ARDP Standards 8.1.1-8.1.4:
Landscaping
The proposed project responds to these standards with a
landscape plan that enhances and complements the
architectural design, as shown on several project sheets,
notably Sheets L1.0-L1.8, and the renderings shown on Sheets
AS1.0-AS1.4.
ARDP Standards 9.3.2-9.3.8:
Lighting
The project has not yet established a formal lighting plan,
although Sheet A10.0 shows potential lighting fixtures as they
relate to the different architectural styles. The project will be
required to comply with the City’s night sky ordinance;
however, the PC may provide specific direction regarding
exterior lighting for the project.
ARDP Standard 12.1: Fencing
The intent of this standard is to ensure that fencing design does
not block views of open spaces or Tank Farm Creek. The project
as designed complies with this requirement. The proposed
exception to the fence height would apply only to areas
between residences and industrial areas, not areas associated
with open space or the creek. As described earlier in this
Agenda Report, the proposed fence height exception meets the
criteria for considering such exemptions, and was
recommended for approval by the ARC.
ARDP Standards 13.1.1 and 13.1.2:
Energy
The ARDP was adopted prior to the 2019 energy conservation
standards, and thus refers to outdated standards. However, as
noted previously, the DA includes performance standards to
exceed citywide requirements as they were in place at the time
of project approval. The project is consistent with the intent of
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these standards. An analysis of the consistency with the intent
with the DA and the intent of the ARDP is included in Section
4.1 of this Agenda Report.
CDG Chapter 5 – Residential Project Design Guidelines
§ Section 5.2: Subdivision Design
and General Residential Design
Principles
This section of the CDG includes several key principles related
to integrating open space into the design, project scale, and
pedestrian orientation. More specifically related to
architectural review, the section also calls for durable and low
maintenance finishes, the use of a variety of materials, building
articulation, and garage orientation. The project seems
generally responsive to these issues, and consistent with the
intent of these principles. Sheets A10.0 to A10.5 illustrate a
variety of complementary colors and materials that would be
applied to the varied design details shown on Sheets A1.0-A9.2.
§ Section 5.5: Single-Family Housing
Design
The ARDP was previously found to be consistent with the CDG,
and reflects and expands on many of the same principles
articulated in the CDG. Among the principles articulated in this
section of the CDG include:
1. pedestrian orientation;
2. architectural variety, housing sizes and design details;
3. variable setbacks in compliance with the Municipal
Code;
4. primary entrances facing a street, encouraging porches
to transition between public and private spaces; and
5. garages subordinate to living spaces, preferably not
facing the primary street entrance to the home.
The project is responsive to these principles. Sheets L1.1-L1.4
show how homes are integrated into and have access to
pedestrian paseos. Also see the renderings in Figures 3 and 4
above. Consistent with the ARDP, five architectural styles are
proposed throughout the project, with considerable design
variation as described above. Garages are oriented to the side
along alleys, as shown in Sheets A1.1, A2.1, A3.1, A4.1, A5.1,
A6.1, A7.1, A8.1 and A9.1.
6.3 Consistency with the Zoning Regulations
Although the DA and ARDP are the primary guidance documents for the proposed R-2
design, in some cases there are design provisions of the ARDP that would be difficult to
implement without sacrificing some of the density anticipated under the approved plan.
This is particularly true with respect to the interaction of setbacks, building heights, and
lot sizes.
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As proposed, the project complies with City zoning requirements for building heights and
setbacks where such design challenges exist within the framework of the ARDP. This
analysis is included above in Section 4.2 and Table 5 of this report.
7.0 ENVIRONMENTAL REVIEW
The Avila Ranch project and associated Final Environmental Impact Report (FEIR) were
respectively approved and certified by the City Council on September 19, 2017, pursuant
to Resolution No. 10832 (2017 Series). The FEIR constitutes the complete environmental
determination for the project, which included the Development Agreement, D evelopment
Plan and approved VTTM 3089. The proposed R -2 design complies with previously
approved project documentation as described above. For that reason, it is in substantial
conformance with the Final EIR and prior environmental determination.
8.0 OTHER DEPARTMENT COMMENTS
The project has been reviewed by various City departments and divisions including
Planning, Engineering, Transportation, Building, Utilities, and Fire. While a number of
code requirements will apply to the project review at the building permit stage, minimal
comments were provided for project specific conditions of approval since the project is
consistent with the previously approved ARDP and tract map which has included prior
review for tract conditions and public improvements wh ich are not in the scope of this
project review.
9.0 ALTERNATIVES
1. Continue project. An action continuing the application should include direction to
the applicant and staff on pertinent issues.
2. Deny the project. Deny the proposed R-2 design by finding the finding the project
inconsistent with the General Plan, AASP, previously approved Avila Ranch
Development Agreement, and/or the intent of the Development Plan when
considered in the context of the Development Agreement and City Zoning
regulations.
10.0 ATTACHMENTS
A – Draft PC Resolution approving the project
B – Project Plans
C – Avila Ranch Development Agreement (relevant provisions)
D – Avila Ranch Sustainability Features
E – Avila Ranch Development Plan
F – Proposed R-2 Standards for Cluster and Pocket Cottage Development
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RESOLUTION NO. ______ (2021 SERIES)
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF SAN LUIS OBISPO APPROVING SITE DESIGN AND LAYOUT
FOR 297 RESIDENTIAL UNITS WITHIN THE R-2 COMPONENT OF
THE AVILA RANCH PROJECT TO BE DEVELOPED WITHIN
PHASES 1-3 OF THE DEVELOPMENT PLAN, INCLUDING A
FENCE HEIGHT EXCEPTION ADJACENT TO AN INDUSTRIAL
AREA AND FINDING THE PROJECT IS EXEMPT FROM FURTHER
ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA); AS REPRESENTED IN
THE STAFF REPORT AND ATTACHMENTS DATED MARCH 11,
2020, FOR THE PROJECT LOCATED AT 175 VENTURE DRIVE
(ARCH-0624-2020)
WHEREAS, this Resolution is adopted under the authority of Government Code §§
65864 et seq. and San Luis Obispo Municipal Code Chapter 17.94; and
WHEREAS, the City Council of the City of San Luis Obispo approved the Avila Ranch
Project on September 19, 2017, including a General Plan Amendment, Specific Plan
Amendment, Rezone, Development Agreement, Development Plan, Vesting Tentative
Tract Map No. 3089 and certified Final Environmental Impact Report (FEIR) under the
California Environmental Quality Act (CEQA) on September 19, 2017; and
WHEREAS, the Architectural Review Commission of the City of San Luis Obispo
conducted a public hearing to consider the design of the R-2 portion of the Avila Ranch
project on August 16, 2021, and made recommendations to the Planning Commission; and
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a
public hearing to consider approval of the design of the R-2 portion of the Avila Ranch
project on September 22, 2021; and
WHEREAS, notices of said public hearing were made at the time and in the manner
required by law; and
WHEREAS, the Planning Commission has duly considered all evidence, including
the testimony of the applicant, interested parties, and the evaluation and recommendations
by staff, presented at said hearing.
BE IT RESOLVED, by the Planning Commission of the City of San Luis Obisp o as
follows:
SECTION 1: Findings. Based on the recitals above and the evidence contained in
the record, the Planning Commission hereby finds that:
1. The proposed action is consistent with applicable City planning regulations, including
the General Plan, Airport Area Specific Plan, Zoning Regulations, and Community
Design Guidelines.
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Resolution No. ______ (2021 Series) Avila Ranch Project
Page 2 ARCH-0624-2020
2. The proposed action is consistent with previously approved entitlements associated
with the Avila Ranch project, including the Development Agreement, Development
Plan, and Vesting Tentative Tract Map No. 3089; and
3. The project is consistent with Housing Element Policies 6.1 and 7.4 because the
project supports the development of more housing in accordance with the assigned
Regional Housing Needs Allocation and establishes a new neighborhood, with
pedestrian and bicycle linkages that provide direct, convenient, and safe access to
adjacent neighborhoods consistent with the Avila Ranch Development Plan.
4. Will not adversely affect the health, safety or welfare of persons living or working in the
surrounding area; and
5. The fence height exceptions are warranted since they are necessary due to
circumstances relating to topography and privacy. Provisions to allow for fencing on
top of retaining walls will allow for adequate privacy of residential uses located adjacent
to nearby industrial development and the combined wall and fence height will not be
visible along public roads.
SECTION 2: Environmental Determination. Environmental Review. The project is
consistent with the certified Final Environmental Impact Report (FEIR) for The Avila Ranch
Project and exempt from the California Environmental Quality Act (CEQA), pu rsuant to
CEQA Guidelines Section 15182(c) (Residential Projects Implementing Specific Plans). On
September 17, 2017, the City Council certified the FEIR for the Avila Ranch Development
Plan (ARDP) and approved the ARDP through Council Resolutions 1638 and 1832 (2017
Series). All mitigation measures adopted as part of the ARDP Certified FEIR that are
applicable to the proposed project are carried forward and applied to the proposed project
to effectively mitigate the impacts that were previously identified . The project is exempt
from the provisions of the CEQA under Government Code §65457 because the project
consists of a residential development and is consistent with the ARDP.
SECTION 3. Action. The project conditions of approval do not include mandatory
code requirements. Code compliance will be verified during the plan check process, which
may include additional requirements applicable to the project. The Planning Commission
hereby grants final approval to the project with incorporation of the following conditions:
1. Final project design and construction drawings submitted for a building permit shall be
in substantial compliance with the project plans approved by the Planning Commission
(ARCH-0624-2020). A separate, full-size sheet shall be included in working drawings
submitted for a building permit that lists all conditions and code requirements of project
approval listed as sheet number 2. Reference shall be made in the margin of list ed
items as to where in plans requirements are addressed and include all conditions,
mitigation measures, and development agreement provisions as noted in Condition #2.
Any change to approved design, colors, materials, landscaping, or other conditions of
approval must be approved by the Director or Planning Commission, as deemed
appropriate.
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Page 3 ARCH-0624-2020
2. The project shall comply and demonstrate full conformance with all mitigation measures
and conditions applicable to the project site, as established under previous development
plan approvals from the September 19, 2017, Avila Ranch project approval (City Council
Resolution No. 1832 (2017 Series) and 1638 (2017 Series) and Ordinance No 1639
(2017 Series).
2. Plans submitted for construction permits shall include elevation and detail drawings of
all walls and fences. With the exception of fence and wall heights included in the fence
height exception approved by the Planning Commission, all other fences, walls, and
hedges will comply with the development standards described in the Zoning
Regulations (§17.70.070 –Fences, Walls, and Hedges).
3. The location of any required backflow preventer and double-check assembly shall be
shown on all site landscaping plans and pertinent building plans. Construction plans
shall also include a scaled diagram of the equipment proposed. Any back-flow
preventers and double-check assemblies shall be located in the street yard shall be
screened using a combination of paint color, and landscaping, and, if deemed
appropriate by the Community Development Director, a low wall.
4. Prior to occupancy, an overflight notification shall be recorded and appear with the
property deed. The applicant shall also record a covenant with the City to ensure that
disclosure is provided to all buyers and lessees at the subject property. Notice form and
content shall be to the satisfaction of the Community Development Director and include
the following language:
NOTICE OF AIRPORT IN VICINITY: This property is presently located in the
vicinity of an airport, within what is known as the airport influence area. For that
reason, the property may be subject to some of the annoyances or
inconveniences associated with proximity to airport operations (for example:
noise, vibration, or odors). Individual sensitivities to tho se annoyances can vary
from person to person. You may wish to consider what airport annoyances, if
any, are associated with the property before you complete your purchase and
determine whether they are acceptable to you.
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Resolution No. ______ (2021 Series) Avila Ranch Project
Page 4 ARCH-0624-2020
Indemnification
5. The applicant 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 project, and all actions relating thereto, including but not limited to
environmental review (“Indemnified Claims”). The City shall promptly notify the applicant
of any Indemnified Claim upon being presented with the Indemnified Claim and the City
shall fully cooperate in the defense against an Indemnified Claim.
On motion by __________, seconded by __________, and on the following roll call vote:
AYES:
NOES:
REFRAIN:
ABSENT:
The foregoing resolution was passed and adopted this 22nd day of September 2021.
_____________________________
Tyler Corey, Secretary
Planning Commission
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TRACT 3089 R-2 LAND USES WITHIN PHASES 1, 2 & 3SAN LUIS OBISPO, CAARCHITECTURAL & DEVELOPMENT REVIEW11.24.20Revised 06.11.21TITLE SHEETT-1.0Applicant:Wathen Castanos Homes1446 Tollhouse Road, Suite 103Clovis, CA 93611BUCKLEY RD.VACHELL LN.Project Site HWY. 101Architectural Development Review T-1.01 Title SheetP1.0 - P1.5 Project DescriptionE1.0 Fence/Wall Height ExceptionSP1.0 Illustrative Site PlanL-1.0 Overall Landscape PlanL-1.1 Paseo Enlargement - 20’ EasementL-1.2 Paseo Enlargement - 10’ EasementL-1.3 Paseo Enlargement, 4-Pack with 10’ EasementL-1.4 Residential Landscape Plan SampleL-1.5 Proposed Plant MaterialL-1.6 Landscape Buffer PlanL-1.7 Landscape Buffer SectionL-1.8 Landscape InspirationAS1.0 Street Scene ElevationsAS1.1 Park & Architectural RenderingAS1.2 Typical Paseo & Architecture RenderingAS1.3 Typical Paseo & Architecture RenderingAS1.4 Typical Paseo Entry & Architecture RenderingCLUSTER ELEVATIONS & FLOOR PLANS (4 & 6 Unit Pack)A1.0 Cluster Plan Front ElevationsA1.1 Cluster Plan 1 Typical Floor PlanA1.2 Cluster Plan 1A Spanish Elevations & Roof PlanA1.3 Cluster Plan 1B Bungalow Elevations & Roof PlanA1.4 Cluster Plan 1C Craftsman Elevations & Roof PlanA1.5 Cluster Plan 1D Farmhouse Elevations & Roof PlanA1.6 Cluster Plan 1E Contemporary Elevations & Roof PlanA2.1 Cluster Plan 2 Typical Floor PlanA2.2 Cluster Plan 2A Spanish Elevations & Roof PlanA2.3 Cluster Plan 2B Bungalow Elevations & Roof PlanA2.4 Cluster Plan 2C Craftsman Elevations & Roof PlanA2.5 Cluster Plan 2D Farmhouse Elevations & Roof PlanA2.6 Cluster Plan 2E Contemporary Elevations & Roof PlanA3.1 Cluster Plan 3 Typical Floor PlanA3.2 Cluster Plan 3A Spanish Elevations & Roof PlanA3.3 Cluster Plan 3B Bungalow Elevations & Roof PlanA3.4 Cluster Plan 3C Craftsman Elevations & Roof PlanA3.5 Cluster Plan 3D Farmhouse Elevations & Roof PlanA3.6 Cluster Plan 3E Contemporary Elevations & Roof PlanA4.1 Cluster Plan 4 Typical Floor PlanA4.2 Cluster Plan 4A Spanish Elevations & Roof PlanA4.3 Cluster Plan 4B Bungalow Elevations & Roof PlanA4.4 Cluster Plan 4C Craftsman Elevations & Roof PlanA4.5 Cluster Plan 4D Farmhouse Elevations & Roof PlanA4.6 Cluster Plan 4E Contemporary Elevations & Roof PlanCOTTAGE ELEVATIONS & FLOOR PLANS (8 Unit Pack)A5.0 Cottage Plan Front ElevationsA5.1 Cottage Plan 1 Typical Floor PlanA5.2 Cottage Plan 1A Spanish Elevations & Roof PlanA5.3 Cottage Plan 1B Bungalow Elevations & Roof PlanA5.4 Cottage Plan 1D Farmhouse Elevations & Roof PlanA5.5 Cottage Plan 1D Farmhouse Elevations & Roof PlanA5.6 Cottage Plan 1E Contemporary Elevations & Roof PlanA6.1 Cottage Plan 2 Typical Floor PlanA6.2 Cottage Plan 2A Spanish Elevations & Roof PlanA6.3 Cottage Plan 2B Bungalow Elevations & Roof PlanA6.4 Cottage Plan 2C Craftsman Elevations & Roof PlanA6.5 Cottage Plan 2D Farmhouse Elevations & Roof PlanA6.6 Cottage Plan 2E Contemporary Elevations & Roof PlanA7.1 Cottage Plan 3 Typical Floor PlanA7.2 Cottage Plan 3A Spanish Elevations & Roof PlanA7.3 Cottage Plan 3B Bungalow Elevations & Roof PlanA7.4 Cottage Plan 3C Craftsman Elevations & Roof PlanA7.5 Cottage Plan 3D Farmhouse Elevations & Roof PlanA7.6 Cottage Plan 3E Contemporary Elevations & Roof PlanA8.1 Cottage Plan 4 Typical Floor PlanA8.2 Cottage Plan 4A Spanish Elevations & Roof PlanA9.1 Cottage Plan 5 Typical Floor PlanA9.2 Cottage Plan 5A Spanish Elevations & Roof PlanA10.0 Architectural Images & Lighting ExamplesA10.1 A. Spanish - Color and Material MatrixA10.2 B. Bungalow - Color and Material MatrixA10.3 C. Craftsman - Color and Material MatrixA10.4 D. Farmhouse - Color and Material MatrixA10.5 E. Contemporary - Color and Material MatrixSHEET INDEXPage 31 of 351
TRACT 3089 R-2 LAND USES WITHIN PHASES 1, 2 & 3SAN LUIS OBISPO, CAARCHITECTURAL & DEVELOPMENT REVIEW11.24.20Revised 06.11.21PROJECT DESCRIPTIONP-1.0Supplement to the ARCHITECTURAL DEVELOPMENT REVIEW APPLICATION for the avila ranch r-2 medium density residential component RIWKHAVILA RANCH DEVELOPMENT PLAN 11 June 2021 I. PROJECT HISTORICAL OVERVIEW Avila Ranch (Project) implements the City’s vision for the project site as guided by the 2014 Land Use and Circulation Elements of the General Plan (LUCE). The LUCE specifically identifies the project site as a Special Focus Area that included planning and environmental design and analysis of the designation of an appropriate land use mix, the need for a variety of housing types and levels of affordability, provision of open space, parks and trails, restoration of Tank Farm Creek, protection and mitigation of impacts to agricultural resources, a circulation network and linkages to the surrounding community, and incorporation of utility and infrastructure. The Avila Ranch site encompasses three (3) adjacent parcels (APN 053-259-008, 011, and 012) totaling 150-acres. It is located at the northeast corner of Buckley Road and Vachell Lane. The Project site is currently undeveloped and has historically been used for agriculture. Tank Farm Creek, a tributary to San Luis Obispo Creek, diagonally bisects the Project site from northeast to southwest and conveys storm water from the Chevron Tank Farm and adjacent properties to San Luis Creek. Prior to its annexation to the City in 2008, the Project site was zoned by the County of San Luis Obispo (County) for Business Park and Conservation/Open Space (COS) uses. The City’s 2005 AASP also designated the site for Business Park uses and the Project site remained zoned Business Park and COS since its annexation. However, the City’s 2014 Land Use Element of the General Plan rejected past Business Park land use designations in favor of new housing and designated the Project site as a Special Focus Area (SP-4) for provision of residential units and small-scale neighborhood commercial uses, with associated policies and performance standards that would guide future development. The following represents the entitlements received for the Project. xResolution No. 1832 (2017 Series) certifying the Final Environmental Impact Report for the Project, amending both the Airport Area Specific Plan and General Plan, and approving Vesting Tentative Tract Map No. 3089. xResolution No. 1638 (2017 Series) rezoning property at 175 Venture Drive (the Project) from Business Park/Specific Plan Area (BP-SP) and Conservation /Open Space/Specific Plan Area (C/OS/SP) to be consistent with the Project’s Development Plan and with the General Plan and Airport Area Specific Plan, as amended to enable development of 720 residential units and 15,000 square feet of neighborhood commercial on a 150-acres site. The Project also includes 18-acres of parks and 53-acres of designated open space. xOrdinance No. 1639 (2017 Series) approving the Development Agreement (DA) between the City and Avila Ranch LLC. The Project has subsequently been sold to Wathen Castanos Homes. In essence, the DA represents a negotiated agreement on important areas related to the phased and orderly development of the Project. It includes extended vesting of the development entitlements and reimbursement for public in fracture and improvements beyond project requirements A. Applicant’s Request This application includes information for the Architectural Review Commission’s and Planning Commission’s review and approval of the Medium Residential Density (R-2) component of the project. The majority of the R-2 zoned property is part of the Phase I construction, with additional R-2 zoning/product in Phases II and III, as noted in the Development Agreement and related Project conditions of approval and mitigation measures. The application also includes a fence height exception request to provide adequate screening between the residential development and the adjacent existing industrial/manufacturing development (see Sheet E1.0 for additional information). B. Previous Entitlements & Permits As noted above, the City Council certified the Environmental Impact Report (EIR) and approved amendments to the General Plan and Airport Area Specific Plan, the Vesting Tentative Tract Map in addition to various Project-related documents. In addition, the following plans have been reviewed, approved, and/or permitted to date. xConformance Determination by the County of San Luis Obispo Airport Land Use Plan, Airport Land Use Commission, xGeneral Plan Parks & Recreation Element Consistency Determination, Parks & Recreation Commission for the proposed seven (7) parks totaling 18-acres, 04 January 2017. Issued Permits: xAvila Ranch Offsite Improvements - COA 114 - FMAP-1622-2018 - Tank Farm/South Higuera xAvila Ranch - Tract 3089 - Mass Grading Plans - FMAP-1844-2018 - Onsite early grading and walls. xSidewalk on Higuera between Los Osos Valley Road and Vachell Lane - FMAP-1537-2018 - Partial improvements along Vachell Lane regarding drainage management. xHiguera Street to South Street Right-turn Extension - FMAP-1538-2018 xAvila Ranch Phase 1 Tract 3089 Improvement Plans - FMAP-1563-2018 xBuckley Road Extension, County of San Luis Obispo, ENC 20200306, May 2021 xMiscellaneous Permits: These permits authorize work within the regulatory jurisdiction of each entity. Lake &Streambed Alteration Agreement – CA Department of Fish & Wildlife Waste Discharge Permit 34018WQ35 – Regional Water Quality Control Board II. ARCHITECTURAL DEVELOPMENT REVIEW SUBMITTAL A. Avila Ranch Development Plan The Avila Ranch Development Plan (Plan), dated May 2017, was prepared in collaboration with the applicant’s design and environmental team, City staff, and City decision-makers. While not technically a Specific Plan, it nonetheless contains many of the requisite components – Land Use Plan & Framework, Design Framework, Circulation, and Infrastructure Framework. Page 32 of 351
TRACT 3089 R-2 LAND USES WITHIN PHASES 1, 2 & 3SAN LUIS OBISPO, CAARCHITECTURAL & DEVELOPMENT REVIEW11.24.20Revised 06.11.21PROJECT DESCRIPTIONP-1.1The focus of this and subsequent applications is the Design Framework This section of the Plan includes design standards and guidelines specific to the Project and are meant to work in conjunction with the adopted goals, policies, standards, and guidelines found in the Airport Area Specific Plan, the City’s Community Design Guidelines, the City’s Zoning Regulations (Chapter 17 of the Municipal Code) and related documents. 6WDQGDUGV define actions or requirements that must be fulfilled by the Project, while *XLGHOLQHV refer to methods or approaches that may be used to achieve a stated goal, but allow for flexibility and interpretation given specific conditions. The development standards for the R-2 product have been modified to better reflect the minor revisions to the product type to account for the transition from a conceptual design through design development and, ultimately, construction document level design. These minor revisions are in keeping with the intent of the Development Plan and are in substantial conformance with the project-specific documents that regulate the design and implementation of the Avila Ranch project. The R-2 development standard table is noted below. B. Mitigation Measures and Conditions of Approval The Avila Ranch project was approved under a certified EIR. The EIR described potential impacts and related mitigation measures. While the majority of measures relate to the physical environment (e.g., transportation improvements, biological considerations, public services, etc.), there are measures that specifically address design aspects that are under the purview of the Architectural Review Commission (ARC) and the Planning Commission (PC). The project vesting tentative tract map was approved with a set of conditions of approval that were created by all City departments, reviewed by the various City advisory bodies, and ultimately approved by the City Council. Development of the project should be consistent with these conditions, which will allow for a detailed review of the development plans to assure compliance with City plans, policies, and standards. Again, while the majority of the conditions relate to major transportation and other improvements, there are conditions that specifically address design components that are under the purview of the ARC and PC. Those specific mitigation measures and conditions of approval are noted on the table below. Table 2. Mitigation Measure and Conditions of Approval Conformance MITIGATION MEASURE or CONDITION OF APPROVALCONFORMANCE COMMENT32. Private street lighting may be provided along the private streets/alleys/parking areas, pocket parks, and linear parks per City Engineering Standards and/or as approved in conjunction with the final ARC approvals. Private lighting is depicted on sheets L-1.1 and L-1.2. Shared driveway lighting consists of wall light fixtures, as shown on building elevations (See Architectural Sheets) 43. Retaining wall and/or retaining wall/fence combinations along property lines shall be approved to the satisfaction of the Planning Division and shall conform with the zoning regulations for allowed combined heights or shall be approved through the See sheet E1.0 for details regarding the requested Fence/Wall Height exception for a maximum combined wall/fence height of 11 feet along the shared boundary with Trust Automation (APN 053-259-003). MITIGATION MEASURE or CONDITION OF APPROVALCONFORMANCE COMMENTARC, Specific Plan, or separate Fence Height exception process. Fence heights in all other areas of the development area are consistent with the Zoning Regulations. 44. The ARC plans and public improvement plans shall show the location of the proposed mail receptacles or mailbox units (MBU’s) to the satisfaction of the Postmaster and the City Engineer. The subdivider shall provide a mailbox unit or multiple units to serve all dwelling units within this development as required by the Postmaster. MBU’s shall not be located within the public right-of-way or public sidewalk area unless specifically approved by the City Engineer. Contact the Postmaster at 543-2605 to establish any recommendations regarding the number, size, location, and placement for any MBU’s to serve the several neighborhoods and occupancies. Mailbox locations are shown on sheet L-1.1 and L-1.2. 45. Porous concrete, pavers, or other surface treatments as approved by the City Engineer shall be used for private parking areas, V-gutters, private curb and gutter, etc. to the extent feasible within the over-all drainage design for water quality treatment/retention in accordance with the specific plan and General Plan. Surface treatments for shared and private areas depicted on sheet L-1.1 and L-1.2 AG-2c. To augment the existing 100-foot agricultural buffer to the Caltrans property to the west of the Project site, the Applicant shall add a 20-foot hedgerow/windrow of trees and vegetation along the east side of Vachell Lane. See sheet L-1.7 for the Vachell Lane Landscape Buffer. NO-3a. R-1 and R-2 residential units planned in the area of the Project site within 300 feet of Buckley Road and R-4 units in the northwest corner of the Project site shall include noise mitigation for any potential indoor space and outdoor activity areas that are confirmed to be above 60 dBA as indicated in the Project’ s Sound Level Assessment. The following shall be implemented for residential units with noise levels exceeding 60 dBA: xOutdoor Activity Area Noise Mitigation. Where exterior sound levels exceed CNEL = 60 dBA, noise reduction measures shall be implemented, including but not limited to: xExterior living spaces of residential units such as yards and patios shall be oriented away from Project boundaries that are adjacent to noise-producing uses that exceed exterior noise levels All homes that may be impacted by projected noise levels of 60 dBA or greater will be acoustically constructed utilizing Sound Transmission Class (STC) rated materials (e.g., sealing & weatherproofing, window, doors, walls, ceilings, flooring, ventilations, etc.), as noted. Page 33 of 351
TRACT 3089 R-2 LAND USES WITHIN PHASES 1, 2 & 3SAN LUIS OBISPO, CAARCHITECTURAL & DEVELOPMENT REVIEW11.24.20Revised 06.11.21PROJECT DESCRIPTIONP-1.2MITIGATION MEASURE or CONDITION OF APPROVALCONFORMANCE COMMENTof CNEL = 60 dBA, such as roadways and industrial/commercial activities. xConstruction of additional sound barriers/berms with noise-reducing features for affected residences. xExterior Glazing. Exterior window glazing for residential units exposed to potential noise above Ldn=60 dBA shall achieve a minimum Outdoor-Indoor Transmission Class (OITC) 24 / Sound Transmission Class (STC) 30. Glazing systems with dissimilar thickness panes shall be used. xExterior Doors Facing Noise Source. According to Section 1207.7 of the California Building Code, residential unit entry doors from interior spaces shall have a combined STC 28 rating for any door and frame assemblies. Any balcony and ground floor entry doors located at bedrooms shall have an STC 30 rating. Balconies shall be oriented away from the northwest property line. xExterior Walls. Construction of exterior walls shall consist of a stucco or engineered building skin system over sheathing, with 4-inch to 6-inch deep metal or wood studs, fiberglass batt insulation in the stud cavity, and one or two layers of 5/8-inch gypsum board on the interior face of the wall. If possible, electrical outlets shall not be installed in exterior walls exposed to noise. If not possible, outlet box pads shall be applied to all electrical boxes and sealed with non-hardening acoustical sealant. xSupplemental Ventilation. According to the California Building Code, supplemental ventilation adhering to OITC/STC recommendations shall be provided for residential units with habitable spaces facing noise levels exceeding Ldn=60 dBA, so that the opening of windows is not necessary to meet ventilation requirements. Supplemental ventilation can also be provided by passive or by fan-powered, ducted air inlets that extend from the building’s rooftop into the units. If installed, ducted air inlets shall be acoustically lined through the top-most 6 feet in length and incorporate one or more 90-degree bends between openings, so as not to compromise the noise insulating performance of the residential unit’s exterior envelope. MITIGATION MEASURE or CONDITION OF APPROVALCONFORMANCE COMMENTxSound Walls. Sound walls shall be built on the north and east property lines of the Project in Phase 3 that adjoin Suburban Road. The barrier shall consist of mortared masonry. Further, proposed carports with solar canopies shall be installed around the western and northern perimeter of the R-4 units, and these units shall be setback a minimum of 100 feet from the property line. xLandscaping. Landscaping along the north and east Project site boundaries that adjoin Suburban Road shall include a line of closely space trees and shrubs with sufficient vegetative density to help reduce sound transmission. C. The Proposed Project – Architecture & Landscape Architecture Narratives To accompany the graphics in this submittal, the following narrative provides an overview of the design from an architectural and landscape architectural perspective for the proposed R-2 homes. The Avila Ranch development includes a total of 297 R-2 units when fully built. The majority of the R-2 units (179 units) are part of the Phase 1 development with 29 units as part of Phase 2 and 89 units in Phase 3. 1. Architectural Design Concept – The Cottage Units & The Cluster Units The proposed architecture presents five (5) different floor plan designs of the Cottage units and six (6) different floor plan designs for the Cluster units, with a combination of five (5) different elevation styles for both the Cottage and Cluster product types. The overall community has been designed in small motor court clusters, sharing a drive aisle and landscaped paseo on either side the homes. This design approach to the community presents a much more pedestrian friendly street façade and scale along the main circulation streets by eliminating the street facing garage door and driveways. The floor plans have been specifically designed to cover a diversity of potential future homeowners. From the more affordable 819 sq. ft. two-bedroom Cottage plan up to a potential four-bedroom 2,273 sq. ft. Cluster plan, each plan is designed with an open plan concept that engages both sides of the home by providing an entry to both the paseo and motorcourt. Specific attention was given to the end units facing the community streets with massing designs that include variation in the wall plane, in wall height, and rooflines at different levels to help create an inviting and identifiable sense of place. The elevations styles designated in the Avila Ranch Development Plan reflect the character of San Luis Obispo’s agricultural heritage and now associated with its greenbelt, as well as architectural styles typically found within the City. The proposed elevation styles include Spanish (Mission), Bungalow, Craftsman, Farmhouse (Agrarian), and Contemporary. The goal in the selection of architectural styles is to aid in defining context and character for the site – a character that both engages and identifies itself amongst the surrounding properties to the northern and southern edges of the City. Page 34 of 351
TRACT 3089 R-2 LAND USES WITHIN PHASES 1, 2 & 3SAN LUIS OBISPO, CAARCHITECTURAL & DEVELOPMENT REVIEW11.24.20Revised 06.11.21PROJECT DESCRIPTIONP-1.3In keeping with the overall community vision to create individual and distinct neighborhoods, the project is divided, accordingly, with an integration of the five (5) elevations styles. Each neighborhood will have a proportional mixed use of the different architectural styles, with specific neighborhoods having both dominant and subordinate architectural styles, as prescribed by the Avila Ranch Development Plan. 2. Architectural Floor Plans - The Cottage Units & The Cluster Units The following tables represents the architectural style, unit types, square footage, and bedroom/bath counts for the R-2 Cottage units. A total of 48 Cottage units are included in the Phase 1 development. Detailed design information is also depicted on the building elevations, related floor plans, and color/material matrix. Table 3. Cottage Units UNIT STYLE PLANTYPESIZE (SF)*/STORIES BEDROOMS/BATHROOMS+GARAGES Style Key: A - Spanish; B - Bungalow; C - Craftsman; D – Farmhouse; & E - Contemporary A, B & D Plan 1 1,169 SF/2-Stories 3BR/1.5 BA +1-Car Garage A - E Plan 2 1,609 SF/2-Stories 3 BD/2.5 BA + 1-Car Garage A - E Plan 3 1,708 SF/2-Stories 3 BD/2.5 BA + 1-Car Garage A - Plan 4 1,551 SF/2-Stories 3 BD/2.5 BA + 1-Car Garage A - Plan 5 819 SF/ 1-Story 2 BD/1 BA + 1-Car Garage 127( 8QLWVL]HV 6) VKRZQDUHVXEMHFWWRPLQRUFKDQJHVLQ&RQVWUXFWLRQ'RFXPHQWVThe following tables represents the architectural style, unit types, square footage, and bedroom/bath counts for the R-2 Cluster units. A total of 131 Cluster units are planned for the Phase 1 development. Detailed design information is also depicted on the building elevations, related floor plans, and color/material matrix. Table 4. Cluster Units UNIT STYLE PLANTYPESIZE (SF)/STORIESBEDROOMS/BATHROOMS+ BONUS + GARAGESStyle Key: A - Spanish; B - Bungalow; C - Craftsman; D – Farmhouse; & E - ContemporaryA - E Plan 1 1,805 SF/2-Stories 3 BR/2.5 BA +2-Car Garage A - E Plan 2 1,900 SF/2-Stories 3 BD/2.5 BA + 2-Car Garage A - E Plan 3 2,066 SF/2-Stories 3 BD/2.5 BA + Bonus Room + 2-Car Garage A - E Plan 4 2,273 SF/2-Stories 3 BD/3 BA + Bonus Room + 2-Car Garage 127( 8QLWVL]HV 6) VKRZQDUHVXEMHFWWRPLQRUFKDQJHVLQ&RQVWUXFWLRQ'RFXPHQWVTo increase the mix of units, and in response to specific lot-fit configurations, fifteen (15) units of Cottage Plan 2 and five (5) units of the Cottage Plan 3 are included in the 131 Cluster unit development configuration for Phase 1. 3. Color and Material Boards - Attached, separately, are the physical color and material boards for the project. The project balances the use of traditional residential color and material palettes to a more contemporary vernacular with some modern color accents to work in harmony with the architectural design. In the spirit of creating a unique and desirable neighborhood, each elevation design portrays a unique elevation appearance that provides variation, and yet uniformity throughout the overall community design. As shown on the color and material boards, there are five (5) different color schemes for each of the five (5) elevation styles, which will create additional variation between both the homes elevation and also the exterior color. Each board contains photographs and samples of the materials and colors for the stucco body, painted blocking accents, front doors, and brick masonry elements. 4. Landscape Architectural Design Concept The overall landscape design concept is one that embraces connectivity and cohesiveness, that helps to encourage social interaction, while providing a sense of community. The pedestrian-oriented paseos are at the heart of this community and provide access to the numerous trails that link to a wide array of outdoor amenities. Each pedestrian paseo (walkway) is individually marked by a decorative entry space with pilaster column, identifying each home’s address along the well-lit meandering pathway. A low height semi-private decorative fence surrounds the perimeter of most homes’ front yards and offers an opportunity for social interaction between neighbors. An entry gate allows access into each front yard or porch. A taller, solid fence encloses the rear and side yards and provides homeowner privacy. The pedestrian paseos are planted with a mix of deciduous and evergreen trees, to provide shade during the summer months and solar access during the winter. Flowering shrubs and perennials, grasses, and groundcover provide an attractive, drought-tolerant mix of colors and textures to provide year-round interest while reducing water use. Swaths of decomposed granite weave amongst the plant material to provide additional interest and water use reduction. Each of the four neighborhood’s streets are identified with its own signature specimen canopy tree, adding a distinctive feel to each neighborhood. Each home’s lot showcases the drought-tolerant, Mediterranean-style plant palette along the vegetated streetscapes and motor courts. The overall landscape design embraces low impact development (LID) and best management practices (BMPs) through energy conservation, soil regeneration, integrated pest management, mulching, and species diversity. Additionally, the design of efficient automatic irrigation systems reflects the latest technology and are designed specifically for particular plant species water demand, soil type, and exposure. 4. Architectural & Landscape Architectural Image Boards – While the Avila Ranch Development Plan and the City’s Community Design Guidelines provide the basis for implementing the project’s design, “image boards” were created to allow for a window into the designer’s inspiration and thought process. The architectural images focus on the interpretation of the guidelines via building style, related details (e.g., Page 35 of 351
TRACT 3089 R-2 LAND USES WITHIN PHASES 1, 2 & 3SAN LUIS OBISPO, CAARCHITECTURAL & DEVELOPMENT REVIEW11.24.20Revised 06.11.21PROJECT DESCRIPTIONP-1.4doors and window styles, lighting, architectural features) and miscellaneous components of the proposed units. The landscape architectural image board includes proposed landscape materials that complement the community’s architectural styles and promote the Central Coast lifestyle. Hardscape materials were selected for cohesive aesthetics, longevity, and maintenance considerations while the softscape material reflect a native and Mediterranean-style plant palette appropriate for our climate. III.AFFORDABLE (INCLUSIONARY) HOUSING – R-2 HOUSING PROJECT The Development Agreement describes the long-term housing affordability component of the Avila Ranch project, including design and development strategies to provide lower cost housing. These strategies include the design and construction of a range of housing sizes and types, while providing a greater number of inclusionary housing units than required by the City’s Inclusionary Housing Ordinance. A total of seventy-one (71) inclusionary units are included in the overall development of the project. A total of nine (9) inclusionary units will be constructed within the R-2 land use. Phase 1 includes six (6) moderate income for sale units, while Phase 3 includes three (3) moderate income for sale units. Page 36 of 351
TRACT 3089 R-2 LAND USES WITHIN PHASES 1, 2 & 3SAN LUIS OBISPO, CAARCHITECTURAL & DEVELOPMENT REVIEW11.24.20Revised 06.11.21Medium Density Residential Building Standards (R-2)EXAMPLESThese sketches show basic lot layouts based on the Development Standards. Not all features are shown in each layout.STANDARDSMinimums, unless otherwise noted. (A)ALLEY OR STREET ACCESS CLUSTER DEVELOPMENTDETACHED - ZERO LOT LINEATTACHED - ZERO LOT LINE(includes pairs of dwellings on adjacent lots)DETACHED(parking access from street)Lot Area Lot Coverage 3,575 sf Min.60% Max3,575 sf Min.60% Max3,575 sf Min.60% Max3,575 sf Min.60% Max2,620 sf Min.60% Max1- Street Setback:DwellingFront Porch15 ft10 ft15 ft10 ft15 ft10 ft15 ft10 ft15 ft10 ft2- Rear Setback:DwellingGarage20 ft (F)13 ft (F)20 ft (F)13 ft (F)3.5 ftN/A5 ft5 ft5 ft5 ft3- Side Setback Dwelling Porch 4 ftN/A4 ftN/A4 ftN/A8 ft (B) / 13 ft (C)5 ft (B) / 10 ft (C)8 ft (B) / 13 ft (C) 5 ft (B) / 10 ft (C)4- Interior Setback0 ft / 4 ft (D) 0 ft (attached) / 4ft 4 ft 4 ft 4 ft (E)5- Garage Setbacksee rear setback see rear setback 18.5 ft 13 ft (F) 13 ft (F)6- Side Street Setback10 ft 10 ft 10 ft 10 ft 10 ftBuilding Height (G)35 ft Max 35 ft Max 35 ft Max 35 ft Max 35 ft MaxNotes:A- Tract 3089 Final Map(s) to include any parcel-specific encroachments into setback and/or easements based on map and lotting configurations beyond elements allowed per Zoning Regulation §17.70.170 (Allowed Projections into Setback Area). B- Setback is from property line to dwelling in areas with 10-foot landscape easements. C- Setback is from property line to dwelling in areas with 20-foot landscape easements. D- Where a building wall is located on a lot line, there shall be an easement of at least 4 feet wide on the neighboring lot for maintenance access.E- Setback for uncovered parking spaces is 1 foot.F- Assumes property line and center line of driveway/alley are coterminous. G- Second floor setbacks shall match ground floor setbacks.Public StreetPublic StreetPublic StreetPublic StreetYardYardYardYardPOCKET COTTAGE DEVELOPMENT8 LOTSCLUSTER DEVELOPMENT4 TO 6 LOTSPublic StreetPublic Street135212615Public StreetAlleyAlley42(B) 10 ft. Landscape Easement(C) 20 ft. Landscape Easement(B) 10 ft. Landscape Easement3344PROJECT DESCRIPTIONP-1.5Excerpt of updated R-2 development standards from the Avila Ranch Development Plan. The design of the R-2 product is consistent with the applicable standards. AVILA RANCH DEVELOPMENT PLAN OCTOBER 2020Page 37 of 351
TRACT 3089 R-2 LAND USES WITHIN PHASES 1, 2 & 3SAN LUIS OBISPO, CAARCHITECTURAL & DEVELOPMENT REVIEW11.24.20Revised 01.20.21Fence / Wall Height ExceptionE1.0SECTION ‘A’SECTION ‘B’SECTION ‘C’BACVACHELL LANETRUST AUTOMATIONPROPOSED 6’ FENCE AND RETAINING WALLABCRETAINING WALL + FENCE PROFILEAPPROVED RET. WALLPROPOSED 6’ FENCE§17.70.070 Fences, Walls, and Hedges City of San Luis Obispo Zoning RegulationsMaximum wall/fence height in the rear and side setbacks is 6 feet. When located on a retaining the wall the combined height maximum is 9 feet as measured from the base of the retention wall to the top of the fence. Exceptions to these requirements can be granted for circumstances relating to topography and privacy. Chapter 6.1.B.2: Fences and WallsCommunity Design GuidelinesTall retaining walls (five feet and higher) should be divided up into two or more shorter walls (depending on height), with the upper portion of the wall set back from the lower wall at least two feet, with the slope between the walls not exceeding 4:1. Project ConditionA fence height exception is requested along the north and west tract boundaries adjacent to the industrial property (APN 053-259-003) to allow for a 6-foot tall solid fence atop a previously approved retaining wall. The requested maximum total combined wall/fence height is proposed at 13-feet. This exception is requested in response to the site topography and to provide privacy for the residential use(s) from the adjacent active industrial development (i.e., parking areas near the property lines). The majority of the retaining wall faces the residential development. The proposed fences are located in the rear and side yards of the residential development and would not be visible along public roads. The portion of the retaining wall that faces the adjacent property is visually minimized at the side of the property which is the lowest area of the property. The site retaining walls were approved and permitted as part of Tract 3089 Phase 1 Improvements (FMAP-1563-2018) and are included for graphic reference only to depict the total wall/fence height. The retaining wall varies in height from 2- to 7-feet. The requested maximum total combined wall/fence height of 13 feet is required in few locations; in many areas the combined height is under 9 feet. Due to the tract drainage improvements, topography, and location of the approved walls, it is infeasible to off-set the fence from the retaining wall. 13.5’+/- to edge of building envelope13.5’+/- to edge of building envelope5’+/- to edge of building envelopePage 38 of 351
TRACT 3089 R-2 LAND USES WITHIN PHASES 1, 2 & 3SAN LUIS OBISPO, CAARCHITECTURAL & DEVELOPMENT REVIEW11.24.20Revised 01.20.21OVERALL SITE DEVELOPMENT PLANSP-1.0BUCKLEY ROADEARTHWOOD DRIVEBRAVO STREETTANGO WAYEARTHWOOD DRIVEVENTURE DRIVEVACHELL LANESKY KING DRIVEALPHA LN.JESPERSEN ROADSCALE: 1”=300’0 150’ 300’ 450’PHASE 1PHASE 2PHASE 3FUTURE PHASE 4FUTURE PHASE 5FUTURE PHASE 6FUTURE PH. 6BALEGEND PROJECT AREA (R-2 PRODUCT) PREVIOUSLY APPROVED R.O.W. PUBLIC IMPROVEMENTS FUTURE PHASES, N.A.P STREET SCENE ELEVATION, REFER TO SHEET AS-1.0 PARK / ARCHITECTURAL RENDERING, SEE SHEET AS-1.1A11NOTE: DEVELOPMENT OF PHASES MAY BE NON-SEQUENTIALPage 39 of 351
TRACT 3089 R-2 LAND USES WITHIN PHASES 1, 2 & 3SAN LUIS OBISPO, CAARCHITECTURAL & DEVELOPMENT REVIEW11.24.20Revised 01.20.21OVERALL LANDSCAPE PLANL-1.0BUCKLEY ROADVENTURE DRIVEFUTUREPHASE20’ WIDE PEDESTRIAN PASEO ENLARGEMENT, SEE SHEET L-1.110’ WIDE PEDESTRIAN PASEO ENLARGEMENT, SEE SHEET L-1.210’ WIDE PEDESTRIAN PASEO ENLARGEMENT WITHIN 4-PACK, SEE SHEET L-1.3LANDSCAPE BUFFER, SEE SHEET L-1.6VACHELL LANEEARTHWOOD DR.EARTHWOOD DR.SCALE: 1”=300’0 150’ 300’ 450’PROPOSED RESIDENTIAL STREET TREESPistacia chinensis / CHINESE PISTACHESIZE: 24” BOX WUCOLS: L DECIDUOUS, FALL COLORUlmus parv. ‘Sempervirens’ / EVERGREEN ELM SIZE: 24” BOX WUCOLS: L EVERGREEN, BROAD CANOPYZelkova serrata / SAWLEAF ZELKOVASIZE: 15 GAL WUCOLS: L DECIDUOUS, BROAD CANOPYLophostemeon confertus / BRISBANE BOXSIZE: 15 GAL WUCOLS: L EVERGREEN, UPRIGHTMAILBOX KIOSKLEGEND20’ WIDE PEDESTRIAN PASEO, TYPICAL OF 7, THROUGHOUT PHASE 110’ WIDE PEDESTRIAN PASEO, TYPICAL OF 38, THROUGHOUT PHASE 1PREVIOSULY APPROVED LANDSCAPE PUBLIC IMPROVEMENTSMAILBOX KIOSK(S), 7 LOCATIONS TOTAL. SEE EXAMPLE, BELOW.Kiosks are equipped with up to 19 front loading tenant mail compartments, 2 parcel locker compartments, and 1 drop slot. There may be more than one unit at each location, depending on addresses served.Final mailbox kiosk locations shall be approved by the Postmaster and be ADA compliant.MMMMMMMMLOCATION OF PROPOSED PROJECT MONUMENT SIGN, SEE EXAMPLE, ABOVEPROPOSED MONUMENT SIGNMAXIMUM SIGN AREA ALLOWED: 24 SQ. FT. (EXCLUSIVE OF SUPPORT STRUCTURE).Page 40 of 351
TRACT 3089 R-2 LAND USES WITHIN PHASES 1, 2 & 3SAN LUIS OBISPO, CAARCHITECTURAL & DEVELOPMENT REVIEW11.24.20Revised 06.11.21PASEO ENLARGEMENT20’ EASEMENTL-1.112444444443888333313131414141515151010161616151616333222221599995666611127777EARTHWOOD LANE20’ WIDELANDSCAPEEASEMENTPETLLAEAEAEACLUSTER PLAN 1CLUSTER PLAN 3CLUSTER PLAN 4COTTAGE PLAN 3COTTAGE PLAN 2COTTAGE PLAN 2COTTAGE PLAN 11EXAMPLE OF PASEO ENTRY PILASTEREXAMPLE OF PASEO BOLLARD LIGHTWITH CUSTOMIZABLE LIGHT DISTRIBUTION20’ PASEO PRELIMINARY MAWA/ETWU CALC’SFOR DEVELOPER-INSTALLED LANDSCAPE PER 7-LOT COLLECTION ADJACENT TO 20’ WIDE PASEO1117KEYNOTE LEGEND1 PASEO LANDSCAPING, EQUAL MIX OF LOW WATER-USE PLANTS WITH DECOMPOSED GRANITE AS PART OF EACH LOT WITHIN PASEO EASEMENT2 FRONT YARD LANDSCAPING BY HOMEOWNER3 PRIVATE YARDS BY HOMEWONER4 COVERED PORCH, TYP. 5 4’ TALL SOLID WOOD FENCE WITH GATE, WHERE SHOWN6 6’ TALL SOLID WOOD FENCE WITH GATE, WHERE SHOWN7 TRASH BIN LOCATION, TYP. 8 MEANDERING CONCRETE PASEO WALK9 6’ SQ. FRONT GATE ENTRY NODE10 CITY-APPROVED STREET TREE, TYP.11 DECORATIVE PASEO PATIO WITH ADDRESSING PILASTER 12 CLUSTER MAILBOX UNIT, AT BACK OF SIDEWALK13 SHARED ALLEY14 ALLEY ACCENT SHRUBS, TYP. 15 PASEO TREE, TYP. 16 FRONT YARD TREE, TYP. 17 PASEO BOLLARD DIRECTIONAL LIGHT18 BOLLARD LIGHT(S) AT END OF ALLEY #NOTE: FENCING THAT BORDERS UNMANAGED BRUSH-COVERED LANDS WILL BE CONSTRUCTED OF NON-COMBUSTIBLE MATERIALS.Page 41 of 351
TRACT 3089 R-2 LAND USES WITHIN PHASES 1, 2 & 3SAN LUIS OBISPO, CAARCHITECTURAL & DEVELOPMENT REVIEW11.24.20Revised 06.11.21PASEO ENLARGEMENT10’ EASEMENTL-1.2KEYNOTE LEGEND1 PASEO LANDSCAPING, EQUAL MIX OF LOW WATER-USE PLANTS WITH DECOMPOSED GRANITE AS PART OF EACH LOT WITHIN PASEO EASEMENT2 FRONT YARD LANDSCAPING BY HOMEOWNER3 PRIVATE YARDS BY HOMEWONER4 COVERED PORCH, TYP. 5 4’ TALL SOLID WOOD FENCE WITH GATE, WHERE SHOWN6 6’ TALL SOLID WOOD FENCE WITH GATE, WHERE SHOWN7 TRASH BIN LOCATION, TYP. 8 MEANDERING CONCRETE PASEO WALK9 6’ SQ. FRONT GATE ENTRY NODE10 CITY-APPROVED STREET TREE, TYP.11 DECORATIVE PASEO PATIO WITH ADDRESSING PILASTER12 CLUSTER MAILBOX UNIT, AT BACK OF SIDEWALK13 SHARED ALLEY14 ALLEY ACCENT SHRUBS, TYP. 15 PASEO TREE, TYP. 16 FRONT YARD TREE, TYP. 17 PASEO BOLLARD DIRECTIONAL LIGHT18 BOLLARD LIGHT(S) AT END OF ALLEY#12444388333313131414141515151010161616333221599956661112777EARTHWOOD LANE10’ WIDELANDSCAPEEASEMENT444CLUSTER PLAN 4CLUSTER PLAN 3CLUSTER PLAN 2COTTAGE PLAN 3COTTAGE PLAN 1COTTAGE PLAN 2COTTAGE PLAN 110’ PASEO PRELIMINARY MAWA/ETWU CALC’SFOR DEVELOPER-INSTALLED LANDSCAPE PER 7-LOT COLLECTION ADJACENT TO 10’ WIDE PASEONOTE: FENCING THAT BORDERS UNMANAGED BRUSH-COVERED LANDS WILL BE CONSTRUCTED OF NON-COMBUSTIBLE MATERIALS.Page 42 of 351
TRACT 3089 R-2 LAND USES WITHIN PHASES 1, 2 & 3SAN LUIS OBISPO, CAARCHITECTURAL & DEVELOPMENT REVIEW11.24.20Revised 06.11.21PASEO ENLARGEMENT, 4-PACK WITH 10’ EASEMENTL-1.3KEYNOTE LEGEND1 PASEO LANDSCAPING, EQUAL MIX OF LOW WATER-USE PLANTS WITH DECOMPOSED GRANITE AS PART OF EACH LOT WITHIN PASEO EASEMENT2 FRONT YARD LANDSCAPING BY HOMEOWNER3 PRIVATE YARDS BY HOMEWONER4 COVERED PORCH, TYP. 5 4’ TALL SOLID WOOD FENCE WITH GATE, WHERE SHOWN6 6’ TALL SOLID WOOD FENCE WITH GATE, WHERE SHOWN7 TRASH BIN LOCATION, TYP. 8 MEANDERING CONCRETE PASEO WALK9 6’ SQ. FRONT GATE ENTRY NODE10 CITY-APPROVED STREET TREE, TYP. 11 DECORATIVE PASEO PATIO WITH ADDRESSING PILASTER 12 CLUSTER MAILBOX UNIT, AT BACK OF SIDEWALK13 SHARED ALLEY14 ALLEY ACCENT SHRUB, TYP. 15 PASEO TREE, TYP. 16 FRONT YARD TREE, TYP. 17 PASEO BOLLARD DIRECTIONAL LIGHT 18 BOLLARD LIGHT(S) AT END OF ALLEY#CLUSTER PLAN 4CLUSTER PLAN 3CLUSTER PLAN 2COTTAGE PLAN 3COTTAGE PLAN 1COTTAGE PLAN 2COTTAGE PLAN 1CLUSCLUCLULULUUUUUUUSTUSTSTSSSSSSSSSSTTTTTTTTTCLUSUUUUUSSSSSSTSSSTSTTTTLUUSTUCLUSSSSSSSSSTTTTTLUUULUSTUSTUSSSSSSSSTTTUUCLUSTUSSSTTTTTUUULUTTTUCLUSTTTTCLUSTSTTTTTUULUSTSTTTTSTTTTTTTTTTTTCTTCEEEEERERRRRR PLR PLR PLRPLR PLR PLLLERRRREERRRRRPLRPLEERRREEERERRREEEEEERRRRREEERERRRLEEERRRRRR PLEEERRRREEEEEEERRRRRPLEEEERRRRERRRREEEEERRREERRAAAAAAAAN 4AAANAN 4AN ANN NNNN 4N4AN 444AN 4AN 4444444AAAAAAN AN 4N444444AAN 4AN4N4N44444AN 4AAAANAANANNNANN 44N4444AAAAAAANN44444AAAAAAAANANANN4444444AAAAAAAANAANNNN44AAANANAAANNNNNNN4444AAAAAAAANNNNNNNNN4444AN 4AAANAAANANANNANNNNNNN4444AAN 4AAAANANNNNNNAAAAANNNNN4AAAAAANNNNNNNNN4444444AAANNNNN4444444CLUSTCLUSTCCCLUSTCLUSTCLUSTCLUSTCLUSTUSTCLUSTLUSTCLUSTSCLUSTCLUSTTCTUER PLER PLER PLER PLER PLER PLER PLER PLER PLER PLERER ER PLER PLRPLAN 3AN 3AN 3AN 3ANAANAN 3AN 3N3NN3N3N333N 3N33333AAN333N3N 33333AN 3AN 3NN 3NNN33N333333NNNNN N33333AN 3NN3N 333333333333N333333N 3NN N333333NN333333333ANNNNNN 33AN 33333AAN NNN333333NANNNNNN333ANNNNNN333333NNNNN 33333ANNNNNN 3NNNNCLUSTCLUSTCLUSTCLUSTCLUSTCLUSTCLUSTCLUSTCLUSTER PLER PLER PLER PLER PLER PLLER PLER PEEERAN 2ANANANN 2N 2N2N 2N222ANAACOTTACOTTACOTTACOTTACOTTAACOTTACOTTACOTTACOTTACOTTCOTTACOTTATTCTGE PLGE PLGE PLGE PLGE PLGE PLGE PLPGELGE PLGGLEPPLGGAN 3AN 3AN 3AN 3ANNAN 3N3NAN 3N 3AN3COCOCCCCCCCCCOOOOOOOOOTTAOTTAOTTTATTAOTTAOTTAOTTACCCOCCCOCCCCOOOOOOOOOOOOTTATTAOTTACCCCOCOCCCOCOCOOOOOOOOOOTTAACCCCCOOOOOTTACCCOCOOOOOOCCOCOOOOCCCCCOCOOCOCOCOOOOCCCCCCOCCOOOOOOOOCCCOOOOCCCOCCCOOOOOCCCCOOOOOOCCCOOOOOOOOOCCCCCCCOOOOOOOOCCCCOCOOOOOOOCCCOOGE PLGE PLGE PLGE PLGE PLGE PLGE PLGE PLPLGGE PLGGE PLGE PLPPLLPLPLAN 1ANAN 1AN 1AN ANANAN 1N 1AN 1ANA1COTTACOTTACOTTACOTTACOTTACOTTACOTTACOTTACOTTACOTTAOTTACOTTAAACCOTTACOTTAACOTTACOTTAACOTTACOTTACOTTAACOTTATCOTAAATAAGGGGGE PLGE PLGE PLGEGEGEGE PLGE PLGE PLGE PLGE PLGE PLGE PLGGGGGEGE PLGE PLGGE PLGGE PGEEGEEGGELGGGE PLGE PLPGGGGEGGGEGGGAN AAN 2ANAN 2AN 2N2NNN2N2AN NN2ANAN NAAN 22N222222222N2222222AN 2AN 2AN2N22222222AN222222AA22222222NN 2AN2222222N 222N 2COTTACOTTATACOTTACOTTACOTTACOTTAOTCOTTAGE PLGE PLGE PLGE PGE PLGE PLGE PPLGE PLPLAN 1AN 1N 1AN 1AN 1AN 1ANAN 1AN 110’ WIDELANDSCAPEEASEMENT11244831313141414151515101016163332599566111277EARTHWOOD LANE446NOTE: FENCING THAT BORDERS UNMANAGED BRUSH-COVERED LANDS WILL BE CONSTRUCTED OF NON-COMBUSTIBLE MATERIALS.Page 43 of 351
TRACT 3089 R-2 LAND USES WITHIN PHASES 1, 2 & 3SAN LUIS OBISPO, CAARCHITECTURAL & DEVELOPMENT REVIEW11.24.20Revised 06.11.21RESIDENTIAL LANDSCAPE PLAN SAMPLEL-1.4118998112121313121222111133333333734444555566661 PASEO LANDSCAPING, AS PART OF EACH LOT, BY DEVELOPER2 ALLEY LANDSCAPE DESIGN, BY DEVELOPER3 ALTERNATIVE PRIVATE YARD LANDSCAPE DESIGN SCENARIO, BY HOMEOWNER4 COVERED PORCH, TYP. 5 4’ TALL SOLID WOOD FENCE WITH GATE, WHERE SHOWN6 6’ TALL FENCE WITH GATE, WHERE SHOWN7 TRASH BIN LOCATION, TYP. 8 MEANDERING CONCRETE PASEO WALK9 6’ SQ. FRONT GATE ENTRY NODE10 PASEO BOLLARD DIRECTIONAL LIGHT 11 ALLEY TREE, TYP. 12 PASEO TREE, TYP. 13 FRONT YARD TREE, TYP. #KEYNOTE LEGENDCLUSTER PLAN 3COTTAGE PLAN 2Page 44 of 351
TRACT 3089 R-2 LAND USES WITHIN PHASES 1, 2 & 3SAN LUIS OBISPO, CAARCHITECTURAL & DEVELOPMENT REVIEW11.24.20Revised 01.20.21PROPOSED PLANT MATERIALL-1.5PROPOSED PLANT LIST - PASEOS AND LOTSEVERGREEN TREES ARBUTUS ‘MARINA’ / MARINA STRAWBERRY 24” BOX L LOW-BRANCH, FLOWERING MAGNOLIA GRAND. ‘LITTLE GEM’ / MAGNOLIA 15 GAL M WHITE BARK, UPRIGHT FORMOLEA EUROPAEA ‘SWAN HILL’ / FRUITLESS OLIVE 24” BOX L ROUNDED FORMDECIDUOUS TREESCERCIS OCCIDENTALIS / WESTERN REDBUD 24” BOX L LOW-BRANCH, FLOWERINGCOTINUS COGGYGRIA / SMOKEBUSH 24” BOX L SMALL COLOR ACCENTPYRUS CALLERYANA ‘CHANTICLEER’ / ORNAMENTAL PEAR 15 GAL M WHITE FLOWERSMEDIUM SHRUBSARCTOSTAPHYLOS ‘HOWARD MCMINN’ / MANZANITA 5 GAL L CA. NATIVE, PINK FLOWERSBERBERIS THUNB. ‘ROSE GLOW’ / JAPANESE BARBERRY 5 GAL L BURGUNDY FOLIAGE CARPENTERIA CALIFORNICA / BUSH ANENOME 5 GAL L CA. NATIVE, WHITE FLOWERSLEUCADENDRON ‘SAFARI SUNSET’ / SAFARI CONEBUSH 5 GAL L RED NEW GROWTHOLEA ‘LITTLE OLLIE’ / DWARF OLIVE 5 GAL L ROUNDED FORMCOPROSMA REPENS ‘PICTURATA’ / MIRROR PLANT 5 GAL L VARIEGATED FOLIAGESMALL SHRUBSCISTUS ‘SUNSET’ / MAGENTA ROCKROSE 5 GAL L MAGENTA FLOWERSNANDINA DOMESTICA ‘GULFSTREAM’ / HEAVENLY BAMBOO L RED/ORANGE NEW GROWTHPOLYGALA FRUTIC. ‘PETITE BUTTERFLIES’/ SWEET PEA SHRUB L PURPLE FLOWERSROSA ‘FLOWER CARPET’ / FLOWER CARPET ROSE 5 GAL M FLOWERINGTEUCRIUM X LUCIDRYS / GERMANDER 5 GAL L LAVENDER FLOWERSWESTRINGIA FRUIT. ‘MORNING LIGHT’ / COAST ROSEMARY 5 GAL L YELLOW/GREEN FOLIAGEPERENNIALSANIGOZANTHOS CTVS. / KANGAROO PAW 1 GAL L FLOWERINGKNIPHOFIA ‘SHINING SCEPTER’ / RED HOT POKER 1 GAL M ORANGE FLOWERSLAVANDULA SPS. / LAVENDER 1 GAL L PURPLE FLOWERSLIMONIUM PEREZII / SEA LAVENDER 1 GAL L PURPLE FLOWERSPENSTEMON CLTVS. / PENSTEMON 1 GAL L FLOWERINGSALVIA SPS. / SAGE 1 GAL L FLOWERINGACCENTSAGAVE ATTENUATA / FOXTAIL AGAVE 5 GAL L SUCCULENTCORDYLINE ‘RED STAR’ / CABBAGE PALM 15 GAL L RED FOLIAGE, VERTICAL PHORMIUM CLTVS. / NEW ZEALAND FLAX 5 GAL L STRAP-SHAPED LEAVESYUCCA ‘COLOR GUARD’ / VARIEGATED ADAM’S NEEDLE 5 GAL L YELLOW/GREEN LEAVESORNAMENTAL GRASSESLOMANDRA LONGIFOLIA ‘BREEZE’ / BLUE OAT GRASS 1 GAL L GREEN FOLIAGECAREX TESTACEA / ORANGE SEDGE 1 GAL L ORANGE FOLIAGEHELICTOTRICHON SEMPERVIRENS / BLUE OAT GRASS 1 GAL L BLUE FOLIAGE FOLIAGECALAMAGROSTIS ‘KARL FOERSTER’ / FEATHER REED GRASS 1 GAL L VERTICAL TAN STALKSMUHLENBERGIA LINDHEIMERI / LINDHEIMER’S MUHLY 1 GAL L STRAW COLORED STALKSGROUNDCOVERARCTOSTAPHYLOS ‘EMERALD CARPET’ / MANZANITA 1 GAL L WHITE FLOWERSCISTUS SALVIIFOLIUS / ROCKROSE 1 GAL L WHITE FLOWERSCOPROSMA KIRKII / KIRK’S COPROSMA 1 GAL L GREEN FOLIAGECORREA ‘DUSKY BELLS / AUSTRALIAN FUCHSIA 1 GAL L PINK FLOWERSROSMARINUS OFFIC. ‘PROSTRATUS’ / TRAILING ROSEMARY 1 GAL L BLUE FLOWERSSENECIO MANDRALISCAE / BLUE CHALKSTICKS 1 GAL L BLUE SUCCULENT*WUCOLS (WATER USE CLASSIFICATIONS OF LANDSCAPE SPECIES) IS A GUIDE TO HELP IDENTIFY IRRIGATION WATER NEEDS OF PLANT SPECIES. DEVELOPED BY THE UNIVERSITY OF CALIFORNIA COOPERATIVE EXTENSION, CALIFORNIA DEPARTMENT OF WATER RESOURCES, 2000. FINAL PLANT MATERIAL SECECTION WILL INCLUDE FIRE-RESISTIVE TREE, SHRUB AND GROUNDCOVER SPECIES. ABCDEFGHYIJKLMNOPQRXSTUVW WUCOLS* NOTESWATER CONSERVATION STATEMENTTHE CONCEPTUAL LANDSCAPE PLAN, CONCURRENT WITH THE PLANTING AND IRRIGATION CONSTRUCTION DOCUMENTS, PLAN INSTALLATION, RELATED SPECIFICATIONS AND NOTES, QUALIFIES THIS PROJECT AS ONE WHICH EMBRACES THE FOLLOWING CURRENT WATER CONSERVATION TECHNOLOGY AND METHODOLOGIES: 1. UTILIZATION OF STATE OF THE ART IRRIGATION CONTROLLER(S) ALLOWING FOR PRECISION INCREMENTAL WATER SCHEDULING IN ALL HYDROZONES. 2. USE OF DRIP-TYPE AND/OR MICROSPRAY SYSTEMS ONLY. 3. INTEGRATED PLANT DESIGN. PLANT PALETTES HAVE BEEN FORMED TO REFLECT PARALLEL WATERING REQUIREMENTS WITHIN EACH HYDROZONE GROUP. 4. PLANTS INSTALLED WITH MOISTURE RETENTIVE SOIL AMENDMENTS, ENABLING STRONG ROOT AND PLANT GROWTH, WITH THE USE OF LESS WATER. 5. 3” DEEP MULCHING OF ALL PLANT BASINS AND PLANTING AREAS, INHIBITING EVAPORATION. 6. USE OF LOW WATER USE PLANTS. CONCEPT NOTES1. PLANT MATERIAL WAS CHOSEN FOR ITS COMPATABILITY WITH THE MACRO/MICROCLIMATIC CONDITIONS OF THE REGION AND SITE; TOLERANCE OF WIND; TOLERANCE OF DROUGHT CONDITIONS; LONGEVITY; SCREENING CAPABILITIES; AND OVERALL ATTRACTIVENESS. 2. IRRIGATION SYSTEM SHALL BE DESIGNED FOR MAXIMUM WATER EFFICIENCY AND SHALL INCLUDE AN AUTOMATIC CONTROLLER, BACKFLOW PREVENTION DEVICE, AND LOW-GALLONAGE HEADS FOR TURF AND LARGE GROUND COVER AREAS. A DRIP-TYPE SYSTEM SHALL BE USED WHERE APPROPRIATE. TREES SHALL BE IRRIGATED ON SEPARATE BUBBLER SYSTEMS. 3. PLANT MATERIAL QUANTITIES, NARRATIVE SPECIFICATIONS, SITE DETAILS, AND MATERIAL DEFINITIONS WILL BE DETERMINED AND NOTED ON THE CONSTRUCTION DRAWINGS. PROPOSED PLANT PHOTOSAGMSBHNTCIOUDJPVEKQWFLRXYPage 45 of 351
TRACT 3089 R-2 LAND USES WITHIN PHASES 1, 2 & 3SAN LUIS OBISPO, CAARCHITECTURAL & DEVELOPMENT REVIEW11.24.20Revised 01.20.21PROPOSED PLANT LIST - LANDSCAPE BUFFER AT VACHELL LANE FRONTAGEEVERGREEN SCREENING TREES GEIJERA PARVIFLORA / AUSTRALIAN WILLOW 24” BOX L ROUNDED FORM MELALEUCA QUINQUENERVIA / CAJEPUT TREE 15 GAL L WHITE BARK, UPRIGHT FORMQUERCUS AGRIFOLIA / COAST LIVE OAK VL CA. NATIVEACCENT TREESCERCIS OCCIDENTALIS / WESTERN REDBUD 24” BOX L LOW-BRANCH, FLOWERINGARBUTUS ‘MARINA’ / MARINA STRAWBERRY TREE 24” BOX L FLOWERING. RED BARK. LAURUS NOBILIS ‘SARATOGA’ / SWEET BAY L EVERGREENMEDIUM SHRUBSARCTOSTAPHYLOS ‘HOWARD MCMINN’ / MANZANITA 5 GAL L CA. NATIVE, PINK FLOWERSCARPENTERIA CALIFORNICA / BUSH ANENOME 5 GAL L CA. NATIVE, WHITE FLOWERSOLEA ‘LITTLE OLLIE’ / DWARF OLIVE 5 GAL L ROUNDED FORMRHAMNUS CALIFORNICA ‘EVE CASE’ 5 GAL L RED BERRIESSMALL SHRUBSCISTUS ‘SUNSET’ / MAGENTA ROCKROSE 5 GAL L MAGENTA FLOWERSSALVIA CLEVELANDII / CLEVELAND SAGE L PURPLE FLOWERSPHLOMIS FRUTICOSA / JERUSALEM SAGE 5 GAL L YELLOW FLOWERSWESTRINGIA FRUIT. ‘MORNING LIGHT’ / COAST ROSEMARY 5 GAL L YELLOW/GREEN FOLIAGEPERENNIALSACHILLEA VARIETIES / YARROW 1 GAL L FLOWERINGLAVANDULA SPS. / LAVENDER 1 GAL L PURPLE FLOWERSPENSTEMON CLTVS. / PENSTEMON 1 GAL L FLOWERINGSALVIA SPS. / SAGE 1 GAL L FLOWERINGORNAMENTAL GRASSESHELICTOTRICHON SEMPERVIRENS / BLUE OAT GRASS 1 GAL L BLUE FOLIAGE FOLIAGECALAMAGROSTIS ‘KARL FOERSTER’ / FEATHER REED GRASS 1 GAL L VERTICAL TAN STALKSMUHLENBERGIA LINDHEIMERI / LINDHEIMER’S MUHLY 1 GAL L STRAW COLORED STALKSGROUNDCOVERARCTOSTAPHYLOS ‘EMERALD CARPET’ / MANZANITA 1 GAL L WHITE FLOWERSCISTUS SALVIIFOLIUS / ROCKROSE 1 GAL L WHITE FLOWERSCORREA ‘DUSKY BELLS / AUSTRALIAN FUCHSIA 1 GAL L PINK FLOWERS*WUCOLS (WATER USE CLASSIFICATIONS OF LANDSCAPE SPECIES) IS A GUIDE TO HELP IDENTIFY IRRIGATION WATER NEEDS OF PLANT SPECIES. DEVELOPED BY THE UNIVERSITY OF CALIFORNIA COOPERATIVE EXTENSION, CALIFORNIA DEPARTMENT OF WATER RESOURCES, 2000. FINAL PLANT MATERIAL SECECTION WILL INCLUDE FIRE-RESISTIVE TREE, SHRUB AND GROUNDCOVER SPECIES. WUCOLS* NOTESLANDSCAPE BUFFER PLANL-1.6KEYNOTE LEGEND1. 8’-12’ WIDE MEANDERING BERM (18” TALL)2. EVERGREEN SCREENING TREE, TYP.3. EVERGREEN CANOPY TREE, TYP. 4. ACCENT TREE, TYP.5. LOW WATER-USE SHRUBS (4’-6’ HEIGHT)6. LOW WATER-USE SHRUBS, PERENNIALS, AND GROUNDCOVER (2’-3’ HEIGHT)7. LOW-HEIGHT PLANT MATERIAL WITHIN VEHICULAR SIGHT LINES8. PROPOSED INTERIOR STREET TREE#88244213317120’ WIDELANDSCAPE BUFFEREAPAAPEE2LLLAALASECTION ‘A’ SHEET L-1.75566Page 46 of 351
TRACT 3089 R-2 LAND USES WITHIN PHASES 1, 2 & 3SAN LUIS OBISPO, CAARCHITECTURAL & DEVELOPMENT REVIEW11.24.20Revised 01.20.21LANDSCAPE BUFFER SECTIONL-1.7KEYNOTE LEGEND1. 8’-12’ WIDE MEANDERING BERM (18” TALL)2. EVERGREEN CONIFEROUS TREE, TYP.3. EVERGREEN CANOPY TREE, TYP. 4. ACCENT TREE, TYP.5. LOW WATER-USE SHRUBS (4’-6’ HEIGHT)6. LOW WATER-USE SHRUBS, PERENNIALS, AND GROUNDCOVER (2’-3’ HEIGHT)#21555634SECTION ‘A’: LANDSCAPE BUFFER AT VACHELL LANE FRONTAGE NOT TO SCALEPage 47 of 351
TRACT 3089 R-2 LAND USES WITHIN PHASES 1, 2 & 3SAN LUIS OBISPO, CAARCHITECTURAL & DEVELOPMENT REVIEW11.24.20Revised 01.20.21L-1.8LANDSCAPE INSPIRATIONPage 48 of 351
TRACT 3089 R-2 LAND USES WITHIN PHASES 1, 2 & 3SAN LUIS OBISPO, CAARCHITECTURAL & DEVELOPMENT REVIEW11.24.20Revised 01.20.21STREET SCENE ELEVATIONSAS-1.0A. EARTHWOOD STREET SCENEB. VENTURE STREET SCENEPage 49 of 351
TRACT 3089 R-2 LAND USES WITHIN PHASES 1, 2 & 3SAN LUIS OBISPO, CAARCHITECTURAL & DEVELOPMENT REVIEW11.24.20Revised 01.20.21RENDERING 1AS-1.1Page 50 of 351
TRACT 3089 R-2 LAND USES WITHIN PHASES 1, 2 & 3SAN LUIS OBISPO, CAARCHITECTURAL & DEVELOPMENT REVIEW11.24.20Revised 01.20.21RENDERING 2AS-1.2Page 51 of 351
TRACT 3089 R-2 LAND USES WITHIN PHASES 1, 2 & 3SAN LUIS OBISPO, CAARCHITECTURAL & DEVELOPMENT REVIEW11.24.20Revised 01.20.21RENDERING 3AS-1.3Page 52 of 351
TRACT 3089 R-2 LAND USES WITHIN PHASES 1, 2 & 3SAN LUIS OBISPO, CAARCHITECTURAL & DEVELOPMENT REVIEW11.24.20Revised 01.20.21RENDERING 4AS-1.4Page 53 of 351
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7,/(522) 0(7$/522) 0(7$/522) 52//83*$5$*('225 52//83*$5$*('225 6$1'),1,6+678&&2 6$1'),1,6+678&&2 &(0(17,7,286+25,=217$/6,',1* &(0(17,7,286+25,=217$/6,',1* &(0(17,7,286%2$5' &(0(17,7,286%2$5'$1'%$77216,',1*$1'%$77216,',1* &(0(17,7,2866+,1*/(6,',1* &(0(17,7,2866+,1*/(6,',1* &(0(17,7,286 &(0(17,7,28675,075,0678&&229(5)2$075,0 678&&229(5)2$075,0 :22'*5$,1&25%(/ :22'*5$,1&25%(/ &20326,7(6+877(5 &20326,7(6+877(5:22'%5$&.(7 :22'%5$&.(7 /,*+7),;785( /,*+7),;785( *$%/((1''(7$,/ *$%/((1''(7$,/:22'3267 :22'3267 3276+(/) 3276+(/) %5,&.9(1((5 %5,&.9(1((5 0(7$/$:,1* 0(7$/$:,1* 0(7$/5$,/,1* 0(7$/5$,/,1*Page 60 of 351
NOTE: SQUARE FOOTAGE MAY VARY DUE TO METHOD OF CALCULATION325&+ 64)7&$5*$5$*(64)7727$//,9,1* 64)71')/225 64)767)/225 64)7)/225$5($7$%/(&$5*$5$*(%('52206%$7+63/$1127( $///276,=(6$1'6(7%$&.6$6'(),1(',17+($9,/$5$1&+'(9(/230(173/$1
*$5$*(;3'5.,7&+(1',1,1*;*5($75220 ;325&+835
3$175<
6725$*((175<
237&$%
:+ 6+)*6+ 6+6+ 6+6+0,1$7
3$6(2($6(0(17675((76,'(2:1(56%$7+%('5220;%('5220;2:1(56%('5220;'15%$/$8/)237&$% 6,1./,1(1/,1(16+6+ 6+6+)* 6+ 6+6+6+ TRACT 3089R-2 LAND USES WITHINPHASES 1, 2 & 3SAN LUIS OBISPO, CAA2.167)/2251')/225Page 61 of 351
)(1&(/,1(5($5$//(<6,'(5$,/,1*3(56,7(3/$1522)3/$1 $
3,7&+ 5$.( ($9( 522)0$7(5,$/ &20326,7(522)6+,1*/(6)(1&(/,1(
),1,6+('*5$'(7232)5,'*(/()7675((76,'( $63$1,6+5$,/,1*3(56,7(3/$1)(1&(/,1()52173$6(26,'( $63$1,6+5$,/,1*3(56,7(3/$1)(1&(/,1(5,*+7 TRACT 3089R-2 LAND USES WITHINPHASES 1, 2 & 3SAN LUIS OBISPO, CAA2.20$7(5,$//(*(1' &20326,7,21522) &21&5(7(
6
7,/(522) 0(7$/522) 52//83*$5$*('225 6$1'),1,6+678&&2 &(0(17,7,286+25,=217$/6,',1* &(0(17,7,286%2$5'$1'%$77216,',1* &(0(17,7,2866+,1*/(6,',1* &(0(17,7,28675,0 678&&229(5)2$075,0 :22'*5$,1&25%(/ &20326,7(6+877(5 :22'%5$&.(7 /,*+7),;785( *$%/((1''(7$,/ :22'3267 3276+(/) %5,&.9(1((5 0(7$/$:,1* 0(7$/5$,/,1*1410524151612211610121221215555221610122152151410521621Page 62 of 351
)(1&(/,1(5($5$//(<6,'()(1&(/,1(
),1,6+('*5$'(7232)5,'*(/()7675((76,'( %%81*$/2:)(1&(/,1()52173$6(26,'( %%81*$/2:)(1&(/,1(5,*+7522)3/$1 %
3,7&+ 5$.( ($9( 522)0$7(5,$/ &20326,7(522)6+,1*/(6 TRACT 3089R-2 LAND USES WITHINPHASES 1, 2 & 3SAN LUIS OBISPO, CAA2.30$7(5,$//(*(1' &20326,7,21522) &21&5(7(
6
7,/(522) 0(7$/522) 52//83*$5$*('225 6$1'),1,6+678&&2 &(0(17,7,286+25,=217$/6,',1* &(0(17,7,286%2$5'$1'%$77216,',1* &(0(17,7,2866+,1*/(6,',1* &(0(17,7,28675,0 678&&229(5)2$075,0 :22'*5$,1&25%(/ &20326,7(6+877(5 :22'%5$&.(7 /,*+7),;785( *$%/((1''(7$,/ :22'3267 3276+(/) %5,&.9(1((5 0(7$/$:,1* 0(7$/5$,/,1*9611510144101618666111991618109955169611118510961115141016Page 63 of 351
)(1&(/,1(5($5$//(<6,'(5$,/,1*3(56,7(3/$1)(1&(/,1(
),1,6+('*5$'(7232)5,'*(/()7675((76,'( &&5$)760$15$,/,1*3(56,7(3/$1)(1&(/,1()52173$6(26,'( &&5$)760$15$,/,1*3(56,7(3/$1)(1&(/,1(5,*+7522)3/$1 &
3,7&+ 5$.( ($9( 522)0$7(5,$/ &20326,7(522)6+,1*/(6 TRACT 3089R-2 LAND USES WITHINPHASES 1, 2 & 3SAN LUIS OBISPO, CAA2.40$7(5,$//(*(1' &20326,7,21522) &21&5(7(
6
7,/(522) 0(7$/522) 52//83*$5$*('225 6$1'),1,6+678&&2 &(0(17,7,286+25,=217$/6,',1* &(0(17,7,286%2$5'$1'%$77216,',1* &(0(17,7,2866+,1*/(6,',1* &(0(17,7,28675,0 678&&229(5)2$075,0 :22'*5$,1&25%(/ &20326,7(6+877(5 :22'%5$&.(7 /,*+7),;785( *$%/((1''(7$,/ :22'3267 3276+(/) %5,&.9(1((5 0(7$/$:,1* 0(7$/5$,/,1*9618124145613139669591912613859696135101Page 64 of 351
)(1&(/,1(5($5$//(<6,'(5$,/,1*3(56,7(3/$1)(1&(/,1(
),1,6+('*5$'(7232)5,'*(/()7675((76,'( ')$50+286(5$,/,1*3(56,7(3/$1)(1&(/,1()52173$6(26,'( ')$50+286(5$,/,1*3(56,7(3/$1)(1&(/,1(5,*+7522)3/$1 '
3,7&+ 8125$.( ($9( 522)0$7(5,$/ &20326,7(522)6+,1*/(6 TRACT 3089R-2 LAND USES WITHINPHASES 1, 2 & 3SAN LUIS OBISPO, CAA2.50$7(5,$//(*(1' &20326,7,21522) &21&5(7(
6
7,/(522) 0(7$/522) 52//83*$5$*('225 6$1'),1,6+678&&2 &(0(17,7,286+25,=217$/6,',1* &(0(17,7,286%2$5'$1'%$77216,',1* &(0(17,7,2866+,1*/(6,',1* &(0(17,7,28675,0 678&&229(5)2$075,0 :22'*5$,1&25%(/ &20326,7(6+877(5 :22'%5$&.(7 /,*+7),;785( *$%/((1''(7$,/ :22'3267 3276+(/) %5,&.9(1((5 0(7$/$:,1* 0(7$/5$,/,1*91115145104163911516103599115510169114145510103Page 65 of 351
)(1&(/,1(5($5$//(<6,'(
),1,6+('*5$'(7232)5,'*(/()7675((76,'( (&217(0325$5<)(1&(/,1()52173$6(26,'( (&217(0325$5<)(1&(/,1(5,*+7522)3/$1 (
3,7&+ 8125$.( ($9( 522)0$7(5,$/ &20326,7(522)6+,1*/(6 TRACT 3089R-2 LAND USES WITHINPHASES 1, 2 & 3SAN LUIS OBISPO, CAA2.60$7(5,$//(*(1' &20326,7,21522) &21&5(7(
6
7,/(522) 0(7$/522) 52//83*$5$*('225 6$1'),1,6+678&&2 &(0(17,7,286+25,=217$/6,',1* &(0(17,7,286%2$5'$1'%$77216,',1* &(0(17,7,2866+,1*/(6,',1* &(0(17,7,28675,0 678&&229(5)2$075,0 :22'*5$,1&25%(/ &20326,7(6+877(5 :22'%5$&.(7 /,*+7),;785( *$%/((1''(7$,/ :22'3267 3276+(/) %5,&.9(1((5 0(7$/$:,1* 0(7$/5$,/,1*961451964916519691569161914145Page 66 of 351
NOTE: SQUARE FOOTAGE MAY VARY DUE TO METHOD OF CALCULATION325&+ 64)7325&+64)7&$5*$5$*(64)7727$//,9,1*64)71')/225 64)767)/22564)7)/225$5($7$%/(&$5*$5$*(%('52206%$7+6%2186503/$1127( $///276,=(6$1'6(7%$&.6$6'(),1(',17+($9,/$5$1&+'(9(/230(173/$1
*$5$*(;*5($75220;8353'5(175<.,7&+(1325&+325&+
2:1(5
6%('5220;2:1(5
6%$7+
3$175<237:'
:+6+6+6+ 6+6+6+6+6+ 6+6+ 6+0,1$7
3$6(2($6(0(17%('5220;%('5220;/$8%$%2186237%('5220;'1523(172%(/2:2376,1./,1(12376,1. 6+ 6+6+ 6+)* )*)* )* 6+6+ TRACT 3089R-2 LAND USES WITHINPHASES 1, 2 & 3SAN LUIS OBISPO, CAA3.167)/2251')/225Page 67 of 351
)(1&(/,1(5($5$//(<6,'(522)3/$1 $
3,7&+ 5$.( ($9( 522)0$7(5,$/ &21&5(7(67,/()(1&(/,1(
),1,6+*5$'(7232)5,'*()52173$6(26,'( $63$1,6+/()75,*+7 TRACT 3089R-2 LAND USES WITHINPHASES 1, 2 & 3SAN LUIS OBISPO, CAA3.20$7(5,$//(*(1' &20326,7,21522) &21&5(7(
6
7,/(522) 0(7$/522) 52//83*$5$*('225 6$1'),1,6+678&&2 &(0(17,7,286+25,=217$/6,',1* &(0(17,7,286%2$5'$1'%$77216,',1* &(0(17,7,2866+,1*/(6,',1* &(0(17,7,28675,0 678&&229(5)2$075,0 :22'*5$,1&25%(/ &20326,7(6+877(5 :22'%5$&.(7 /,*+7),;785( *$%/((1''(7$,/ :22'3267 3276+(/) %5,&.9(1((5 0(7$/$:,1* 0(7$/5$,/,1*144212151251010121552121010521252121014Page 68 of 351
)(1&(/,1(5($5$//(<6,'()(1&(/,1()52173$6(26,'( %%81*$/2:
),1,6+*5$'(7232)5,'*(/()75,*+7522)3/$1 %
3,7&+ 5$.( ($9( 522)0$7(5,$/ &20326,7(6+,1*/( TRACT 3089R-2 LAND USES WITHINPHASES 1, 2 & 3SAN LUIS OBISPO, CAA3.30$7(5,$//(*(1' &20326,7,21522) &21&5(7(
6
7,/(522) 0(7$/522) 52//83*$5$*('225 6$1'),1,6+678&&2 &(0(17,7,286+25,=217$/6,',1* &(0(17,7,286%2$5'$1'%$77216,',1* &(0(17,7,2866+,1*/(6,',1* &(0(17,7,28675,0 678&&229(5)2$075,0 :22'*5$,1&25%(/ &20326,7(6+877(5 :22'%5$&.(7 /,*+7),;785( *$%/((1''(7$,/ :22'3267 3276+(/) %5,&.9(1((5 0(7$/$:,1* 0(7$/5$,/,1*1196105218165414189611216510996115161021811969145101816Page 69 of 351
)(1&(/,1(5($5$//(<6,'()(1&(/,1()52173$6(26,'( &&5$)760$1
),1,6+*5$'(7232)5,'*(/()75,*+7522)3/$1 &
3,7&+ 5$.( ($9( 522)0$7(5,$/ &20326,7(6+,1*/( TRACT 3089R-2 LAND USES WITHINPHASES 1, 2 & 3SAN LUIS OBISPO, CAA3.40$7(5,$//(*(1' &20326,7,21522) &21&5(7(
6
7,/(522) 0(7$/522) 52//83*$5$*('225 6$1'),1,6+678&&2 &(0(17,7,286+25,=217$/6,',1* &(0(17,7,286%2$5'$1'%$77216,',1* &(0(17,7,2866+,1*/(6,',1* &(0(17,7,28675,0 678&&229(5)2$075,0 :22'*5$,1&25%(/ &20326,7(6+877(5 :22'%5$&.(7 /,*+7),;785( *$%/((1''(7$,/ :22'3267 3276+(/) %5,&.9(1((5 0(7$/$:,1* 0(7$/5$,/,1*96131981445109695108131149613151096131141059Page 70 of 351
)(1&(/,1(5($5$//(<6,'()(1&(/,1()52173$6(26,'( ')$50+286(
),1,6+*5$'(7232)5,'*(/()75,*+7522)3/$1 '
3,7&+ 8125$.( ($9( 522)0$7(5,$/ &20326,7(6+,1*/( TRACT 3089R-2 LAND USES WITHINPHASES 1, 2 & 3SAN LUIS OBISPO, CAA3.50$7(5,$//(*(1' &20326,7,21522) &21&5(7(
6
7,/(522) 0(7$/522) 52//83*$5$*('225 6$1'),1,6+678&&2 &(0(17,7,286+25,=217$/6,',1* &(0(17,7,286%2$5'$1'%$77216,',1* &(0(17,7,2866+,1*/(6,',1* &(0(17,7,28675,0 678&&229(5)2$075,0 :22'*5$,1&25%(/ &20326,7(6+877(5 :22'%5$&.(7 /,*+7),;785( *$%/((1''(7$,/ :22'3267 3276+(/) %5,&.9(1((5 0(7$/$:,1* 0(7$/5$,/,1*1159125104149151016143991910515169999999911151599145101616Page 71 of 351
)(1&(/,1(5($5$//(<6,'()(1&(/,1()52173$6(26,'( (&217(0325$5<
),1,6+*5$'(7232)3$5$3(7/()75,*+7522)3/$1 (
3,7&+ 8125$.( ($9( 522)0$7(5,$/ &20326,7(6+,1*/( TRACT 3089R-2 LAND USES WITHINPHASES 1, 2 & 3SAN LUIS OBISPO, CAA3.60$7(5,$//(*(1' &20326,7,21522) &21&5(7(
6
7,/(522) 0(7$/522) 52//83*$5$*('225 6$1'),1,6+678&&2 &(0(17,7,286+25,=217$/6,',1* &(0(17,7,286%2$5'$1'%$77216,',1* &(0(17,7,2866+,1*/(6,',1* &(0(17,7,28675,0 678&&229(5)2$075,0 :22'*5$,1&25%(/ &20326,7(6+877(5 :22'%5$&.(7 /,*+7),;785( *$%/((1''(7$,/ :22'3267 3276+(/) %5,&.9(1((5 0(7$/$:,1* 0(7$/5$,/,1*519691449659196591995519191919111919191919111410Page 72 of 351
NOTE: SQUARE FOOTAGE MAY VARY DUE TO METHOD OF CALCULATION325&+ 64)7325&+64)7&$5*$5$*(64)7727$//,9,1*64)71')/22564)767)/225 64)7)/225$5($7$%/(&$5*$5$*(%('52206%$7+6%218652203/$1127( $///276,=(6$1'6(7%$&.6$6'(),1(',17+($9,/$5$1&+'(9(/230(173/$1
*$5$*(;*5($75220;325&+325&+
8353'5',1,1*;.,7&+(1(175<3$175<
6725$*(:+ 6+ 6+6+ 6+6+0,1$7
3$6(2($6(0(17/$8%21865220237%('5220;'15%('5220;%('5220;%$2:1(5
6%$7+2:1(5
6%('5220;/)/)237/2:/,1(12376,1.2376,1./,1(1 6+ 6+6+6+ 6+)* 6+)*6+ 6+6+ 6+6+ TRACT 3089R-2 LAND USES WITHINPHASES 1, 2 & 3SAN LUIS OBISPO, CAA4.167)/2251')/225Page 73 of 351
5($5$//(<6,'(522)3/$1 $
3,7&+ 5$.( ($9( 522)0$7(5,$/ &21&5(7(67,/()(1&(/,1()52173$6(26,'( $63$1,6+
),1,6+*5$'(7232)5,'*(/()7)(1&(/,1(5,*+7 TRACT 3089R-2 LAND USES WITHINPHASES 1, 2 & 3SAN LUIS OBISPO, CAA4.20$7(5,$//(*(1' &20326,7,21522) &21&5(7(
6
7,/(522) 0(7$/522) 52//83*$5$*('225 6$1'),1,6+678&&2 &(0(17,7,286+25,=217$/6,',1* &(0(17,7,286%2$5'$1'%$77216,',1* &(0(17,7,2866+,1*/(6,',1* &(0(17,7,28675,0 678&&229(5)2$075,0 :22'*5$,1&25%(/ &20326,7(6+877(5 :22'%5$&.(7 /,*+7),;785( *$%/((1''(7$,/ :22'3267 3276+(/) %5,&.9(1((5 0(7$/$:,1* 0(7$/5$,/,1*5102214142016110131315521214102125161452110216Page 74 of 351
5($5$//(<6,'()(1&(/,1()52173$6(26,'( %%81*$/2:
),1,6+*5$'(7232)5,'*(/()7)(1&(/,1(5,*+7522)3/$1 %
3,7&+ 5$.( ($9( 522)0$7(5,$/ &20326,7(6+,1*/( TRACT 3089R-2 LAND USES WITHINPHASES 1, 2 & 3SAN LUIS OBISPO, CAA4.30$7(5,$//(*(1' &20326,7,21522) &21&5(7(
6
7,/(522) 0(7$/522) 52//83*$5$*('225 6$1'),1,6+678&&2 &(0(17,7,286+25,=217$/6,',1* &(0(17,7,286%2$5'$1'%$77216,',1* &(0(17,7,2866+,1*/(6,',1* &(0(17,7,28675,0 678&&229(5)2$075,0 :22'*5$,1&25%(/ &20326,7(6+877(5 :22'%5$&.(7 /,*+7),;785( *$%/((1''(7$,/ :22'3267 3276+(/) %5,&.9(1((5 0(7$/$:,1* 0(7$/5$,/,1*69101151441816161010111151141869101151961618141169151018Page 75 of 351
5($5$//(<6,'()(1&(/,1()52173$6(26,'( &&5$)760$1
),1,6+*5$'(7232)5,'*(/()7)(1&(/,1(5,*+7522)3/$1 &
3,7&+ 5$.( ($9( 522)0$7(5,$/ &20326,7(6+,1*/( TRACT 3089R-2 LAND USES WITHINPHASES 1, 2 & 3SAN LUIS OBISPO, CAA4.40$7(5,$//(*(1' &20326,7,21522) &21&5(7(
6
7,/(522) 0(7$/522) 52//83*$5$*('225 6$1'),1,6+678&&2 &(0(17,7,286+25,=217$/6,',1* &(0(17,7,286%2$5'$1'%$77216,',1* &(0(17,7,2866+,1*/(6,',1* &(0(17,7,28675,0 678&&229(5)2$075,0 :22'*5$,1&25%(/ &20326,7(6+877(5 :22'%5$&.(7 /,*+7),;785( *$%/((1''(7$,/ :22'3267 3276+(/) %5,&.9(1((5 0(7$/$:,1* 0(7$/5$,/,1*1691381064161910101596161411215112106112161313610Page 76 of 351
5($5$//(<6,'()(1&(/,1()52173$6(26,'( ')$50+286(
),1,6+*5$'(7232)5,'*(/()7)(1&(/,1(5,*+7522)3/$1 '
3,7&+ 8125$.( ($9( 522)0$7(5,$/ &20326,7(6+,1*/( TRACT 3089R-2 LAND USES WITHINPHASES 1, 2 & 3SAN LUIS OBISPO, CAA4.50$7(5,$//(*(1' &20326,7,21522) &21&5(7(
6
7,/(522) 0(7$/522) 52//83*$5$*('225 6$1'),1,6+678&&2 &(0(17,7,286+25,=217$/6,',1* &(0(17,7,286%2$5'$1'%$77216,',1* &(0(17,7,2866+,1*/(6,',1* &(0(17,7,28675,0 678&&229(5)2$075,0 :22'*5$,1&25%(/ &20326,7(6+877(5 :22'%5$&.(7 /,*+7),;785( *$%/((1''(7$,/ :22'3267 3276+(/) %5,&.9(1((5 0(7$/$:,1* 0(7$/5$,/,1*915151014453161141612159351016591149951Page 77 of 351
5($5$//(<6,'()(1&(/,1()52173$6(26,'( (&217(0325$5<
),1,6+*5$'(7232)5,'*(/()75,*+7522)3/$1 (
3,7&+ 8125$.( ($9( 522)0$7(5,$/ &20326,7(6+,1*/( TRACT 3089R-2 LAND USES WITHINPHASES 1, 2 & 3SAN LUIS OBISPO, CAA4.60$7(5,$//(*(1' &20326,7,21522) &21&5(7(
6
7,/(522) 0(7$/522) 52//83*$5$*('225 6$1'),1,6+678&&2 &(0(17,7,286+25,=217$/6,',1* &(0(17,7,286%2$5'$1'%$77216,',1* &(0(17,7,2866+,1*/(6,',1* &(0(17,7,28675,0 678&&229(5)2$075,0 :22'*5$,1&25%(/ &20326,7(6+877(5 :22'%5$&.(7 /,*+7),;785( *$%/((1''(7$,/ :22'3267 3276+(/) %5,&.9(1((5 0(7$/$:,1* 0(7$/5$,/,1*14694591695956991146995110Page 78 of 351
TRACT 3089R-2 LAND USES WITHINPHASES 1, 2 & 3SAN LUIS OBISPO, CA$63$1,6+%%81*$/2:A5.0')$50+286(Page 79 of 351
NOTE: SQUARE FOOTAGE MAY VARY DUE TO METHOD OF CALCULATION325&+ 64)7325&+ 64)7&$5*$5$*(64)7727$//,9,1* 64)71')/22564)767)/22564)7)/225$5($7$%/(&$5*$5$*(%('52206%$7+63/$1127( $///276,=(6$1'6(7%$&.6$6'(),1(',17+($9,/$5$1&+'(9(/230(173/$1835*5($75220;
325&+(175<.,7&+(1*$5$*( ;3'5
325&+237'5
6+6+ 6+6+$7
3$6(26725$*('15%('5220 ;%$7+:'6+6+)*)* )* 6+6+6+%('5220 ;%('5220 ;/,1(1'5<:$//6+(/) TRACT 3089R-2 LAND USES WITHINPHASES 1, 2 & 3SAN LUIS OBISPO, CAA5.167)/2251')/225Page 80 of 351
3$6(26,'($63$1,6+522)3/$1 $
3,7&+ 8125$.( ($9( 522)0$7(5,$/ &21&5(7(67,/(
7232)5,'*(
),1,6+('*5$'($//(<6,'( $63$1,6+5,*+7/()7 TRACT 3089R-2 LAND USES WITHINPHASES 1, 2 & 3SAN LUIS OBISPO, CAA5.20$7(5,$//(*(1' &20326,7,21522) &21&5(7(
6
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6
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6
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3$6(26,'(')$50+286(
7232)5,'*(
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6
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6
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6
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FRONT DOORS COLUMNS + POSTSA SPANISHB BUNGALOWC CONTEMPORARYC CRAFTSMANLIGHTINGC FARMHOUSEGARAGE DOORS SIDINGMETAL AWNINGSTRACT 3089R-2 LAND USES WITHINPHASES 1, 2 & 3SAN LUIS OBISPO, CAA10.0 AR HOUSE CONTE PORAR SPANISH BUN ALOW CRA TS AN Page 100 of 351
TRACT 3089 R-2 LAND USES WITHIN PHASES 1, 2 & 3SAN LUIS OBISPO, CAARCHITECTURAL & DEVELOPMENT REVIEW11.24.20Revised 06.11.21A. Spanish - Color and Material MatrixA10.1Page 101 of 351
TRACT 3089 R-2 LAND USES WITHIN PHASES 1, 2 & 3SAN LUIS OBISPO, CAARCHITECTURAL & DEVELOPMENT REVIEW11.24.20Revised 06.11.21B. Bungalow - Color and Material MatrixA10.2Page 102 of 351
TRACT 3089 R-2 LAND USES WITHIN PHASES 1, 2 & 3SAN LUIS OBISPO, CAARCHITECTURAL & DEVELOPMENT REVIEW11.24.20Revised 06.11.21C. Craftsman- Color and Material MatrixA10.3Page 103 of 351
TRACT 3089 R-2 LAND USES WITHIN PHASES 1, 2 & 3SAN LUIS OBISPO, CAARCHITECTURAL & DEVELOPMENT REVIEW11.24.20Revised 06.11.21D. Farmhouse - Color and Material MatrixA10.4Page 104 of 351
TRACT 3089 R-2 LAND USES WITHIN PHASES 1, 2 & 3SAN LUIS OBISPO, CAARCHITECTURAL & DEVELOPMENT REVIEW11.24.20Revised 06.11.21E. Contemporary - Color and Material MatrixA10.5Page 105 of 351
Page 106 of 351
Recording Fees Exempt Pursuant to
Government Code § 27383.
Recording Requested By And
When Recorded Mail to:
City of San Luis Obispo
c/o City Clerk
990 Palm Street
San Luis Obispo, California 93401
183247.1
2017053192
Tommy Gong
San Luis Obispo - County Clerk -Recorder11/17/2017 01: 41 PM
Recorded at the request of:
PUBLIC
Titles: 1 Pages: 124
Fees: $0.00
Taxes: $0.00
Total: $0.00
DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE CITY OF SAN LUIS OBISPO
101
AVILA RANCH, LLC
RELATING TO
THE AVILA RANCH SPECIFIC PLAN
The "AVILA RANCH DEVELOPMENT AGREEMENT")
As Adopted by the San Luis Obispo City Council
on October 3, 2017 by Ordinance No. 1639 (2017 Series)
REC.EIVED
NOV 2 0 2017
SLO CITY CLERK
Dgo-7c[ Page 107 of 351
TABLE OF CONTENTS
RECITALS AND DEFINITIONS...................................................................................................1
AGREEMENT................................................................................................................ 4
ARTICLE1. GENERALLY..........................................................................................................4
Section 1.01. Definition of "Avila Ranch".............................................................4
Section 1.02. Effective Date...................................................................................4
Section1.03. Term..................................................................................................4
Section 1.04. Execution and Recordation of Agreement........................................5
ARTICLE 2. DESCRIPTION OF THE PROJECT............................................................6
Section2.01. In General.........................................................................................6
Section 2.02. Project Approvals.......................................................... ...............6
Section 2.03. Subsequent Approvals......................................................................6
Section 2.04. Subsequent Approval Documents.....................................................6
Section2.05. Approvals..........................................................................................6
ARTICLE 3. DEVELOPMENT OF PROJECT IN GENERAL........................................7
Section 3.01. Consideration to Avila Ranch...........................................................7
Section 3.02. Consideration to City........................................................................7
Section 3.03. Rights of Avila Ranch Generally......................................................7
Section 3.04. Rights of City Generally.....................................................................8
Section 3.05. Project Parameters............................................................................8
ARTICLE 4. APPLICABLE LAW....................................................................................8
Section 4.01. In General.........................................................................................8
Section 4.02. Application of Other City Laws.......................................................8
Section 4.04. State and Federal Law......................................................................9
ARTICLE 5. FINANCIAL COMMITMENTS OF CITY AND AVILA RANCH ...........9
i
183247.1
Page 108 of 351
Section5.01. In General.............................:............................................................9
Section 5.02.Basic Principles..................................................................................9
Section 5.02.2. Financing of Infrastructure; Operation and Maintenance ............ 10
Section 5.03. Establishment of Financing Mechanisms.......................................11
Section 5.04. Imposition of and Increases in Fees, Taxes, Assessments
andOther Charges.....................................................................................12
Section 5.05. Other Commitments of City and Avila Ranch Related to
Financing..................................................................................................14
Section 5.05. 4. Other Shortfalls of City...............................................................17
ARTICLE 6. COMMITMENTS OF CITY AND AVILA RANCH RELATED TO
PUBLICIMPROVEMENTS.............................................................................................18
Section 6.01. Backbone Infrastructure Phasing Plan.............................................18
Section 6.02. Construction and Dedication of Project Facilities and
Infrastructure..............................................................................................18
Section 6.03. Dedications.....................................................................................19
Section 6.04. Cooperation with Respect to Project Facilities and
Infrastructure..............................................................................................19
ARTICLE 7. OTHER COMMITMENTS OF CITY AND AVILA RANCH..................21
Section 7.01. Mutual Cooperation for Other Governmental Permits ...................21
Section 7.02. Timing of Development..................................................................21
Section 7.03. Dedication of Park Lands...................:....,.......................................22
Section 7.04. Dedication of Open Space and Agricultural Lands ......................... 22
Section 7.05. Affordable Housing and Workforce Housing.................................23
Section7.07. Energy..............................................................................................23
Section7.08. Water.....................:..........................................................................23
Section 7.09. Storm Drain Facilities......................................................................24
Section 7.10. Interim Fire Station..........................................................................24
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Section 7.11. Traffic and Circulation Improvements...........................................24
Section 7.12. Bicycle and Multimodal Transportation Improvements.................25
Section 7.13. Miscellaneous..................................................................................25
ARTICLE 8. CONSIDERATION OF PERMITS AND APPROVALS ...........................26
Section8.01. In General...................................................................................................26
Section 8.02. General Plan and AASP Amendments...........................................27
Section 8.03. CEQA Compliance . ................................... __.............................. ................ 27
Section 8.04. Life of Approvals .................................
Section 8.05. Vesting Maps..................................................................................27
Section 8.06. Need for Flexibility.........................................................................27
ARTICLE 9. AMENDMENTS........................................................................................28
Section 9.01. Amendments of Agreement........................................................................28
ARTICLE 10. ANNUAL REVIEW.................................................................................28
Section 10.01. Annual Review.............................................................................28
ARTICLE 11. MITIGATION MONITORING AND REPORTING PROGRAM
EVALUATION; DEVELOPMENT AGREEMENT REVIEW ...........................29
Section 11.01. Mitigation Monitoring and Reporting Program Evaluation ..................... 29
Section 11.02. Development Agreement Review.................................................29
ARTICLE 12. DEFAULT, REMEDIES, TERMINATION OF DEVELOPMENT
AGREEMENT.......................................................................................................30
Section12.01. Defaults.........................................................................................30
Section 12. 01.1. Notice and Cure.........................................................................30
Section 12.01.2. Actions during Cure Period ....................... .............................30
Section 12.02. Remedies of Non -Defaulting Party..............................................30
Section 12.03. Termination Due to Default..........................................................32
Section 12.03.2. Procedures for Termination.......................................................32
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ARTICLE 13. ASSIGNMENT, TRANSFER AND NOTICE.........................................33
Section 13.02. Transfers In General.....................................................................33
Section 13.02.02. City Review of Release Provisions...........................................33
ARTICLE 14. MORTGAGEE PROTECTION...............................................................34
ARTICLE 15. GENERAL PROVISIONS.......................................................................35
Section 15.01. Incorporation of Recitals and Exhibits.........................................35
Section 15.02. Project is a Private Undertaking...................................................36
Section 15.03. Cooperation in the Event of Legal Challenge...........................................36
Section 15.04. Defense and Indemnity.................................................................36
Section 15.05. Governing Law; Attorneys' Fees..................................................37
Section 15.06. Force Majeure...............................................................................37
Section 15.07. Waiver .................................................. 37
Section15.08. Notices..........................................................................................38
Section 15.09. No Joint Venture or Partnership...................................................39
Section 15.10. Severability...................................................................................39
Section 15.11. Estoppel Certificate......................................................................39
Section 15.12. Further Assurances........................................................................39
Section 15.13. Construction..............................................................................................39
Section 15. 14. Other Miscellaneous Terms ......................... ..............................40
Section 15.15. Counterpart Execution..................................................................40
Section15.16. Time..............................................................................................40
Section 15.17. Good Faith/Fair Dealing...............................................................40
Section 15.18. Exhibits........................................................................ ......................40
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DEVELOPMENT AGREEMENT
BY AND BETWEEN THE CITY OF SAN LUIS OBISPO AND AVILA RANCH, LLC
RELATING TO THE AVILA RANCH DEVELOPMENT PLAN
THIS DEVELOPMENT AGREEMENT is entered into this 2nd day of November, 2017
Execution Date"), by and between the CITY OF SAN LUIS OBISPO, a municipal corporation
and charter city ("City"), and AVILA RANCH, LLC, a California limited liability company
Avila Ranch" or "Developer"), hereinafter referred to in this Development Agreement
individually as a "Party" and collectively as the "Parties," as appropriate.
RECITALS AND DEFINITIONS
A. The "Project," as referenced in this Development Agreement, consists of the
development of housing, neighborhood commercial buildings, parks, agricultural and open space
uses, and various public infrastructure facilities located within the Avila Ranch subarea of the
Airport Area Specific Plan area on the southwestern boundary of the City, as more particularly
described and defined in Section 2.01 below.
B. The "Property," as referenced in this Development Agreement, consists of
approximately 150 acres of land that has been designated for development as part of the Airport
Area Specific Plan (the "AASP Area"). The property comprising the Property is more fully
shown on Exhibit A attached hereto and incorporated herein by this reference. Exhibit B
attached hereto sets forth the legal description for the Property. Avila Ranch represents and
warrants to City that as of the Execution Date, Avila Ranch has a legal or equitable interest in the
Property.
C. Upon the effective date of the City ordinance approving this Development
Agreement, this Development Agreement becomes Effective, as defined in Section 1.02 below,
as to the Property and the City will record it against the Property.
D. On December 9, 2014, City adopted an update to the Land Use and Circulation
Elements of the City's General Plan that included the AASP Area. The City's General Plan
designates the Property for a variety of land uses including residential, neighborhood
commercial, open space, and agricultural, and provides for the development of these uses so as to
benefit the City and its residents
E. City and Avila Ranch have engaged in a cooperative and successful relationship
to establish a development plan for the Property (the "Development Plan"). These efforts have
culminated in the City's adoption and approval of the following entitlements:
1) The Final Environmental Impact Report and associated Mitigation Monitoring
and Reporting Plan (including all mitigation measures therein) for the project
certified and adopted, respectively, by Resolution No. 10832 (2017 Series), on
September 19, 2017.
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2) The Amendment to Airport Area Specific Plan as amended by Resolution No.
10832 (2017 Series), adopted September 19, 2017.
3) The City's zoning map as amended by Ordinance No. 1638 (2017 Series),
adopted October 3, 2017.
4) The Development Plan approved by Resolution No. 10832 (2017 Series), on
September 19, 2017.
5) Vesting Tentative Tract Map #3089 (Avila Ranch) approved by Resolution No.
10832 (2017 Series), on September 19, 2017.
6) Ordinance No. 1639 (2017 Series) dated October 3, 2017 adopting this
Development Agreement ("the Adopting Ordinance").
7) The amendment to the City General Plan, as amended by Resolution No. by
Resolution No. 10832 (2017 Series), on September 19, 2017.
8) The conditions of approval of each of the foregoing.
These approvals described in this Recital E, together with the Environmental Impact Report and
related Findings, Statement of Overriding Considerations and Mitigation Monitoring and
Reporting Plan described in Recital F below, are referred to herein, collectively, as the
Entitlements" or "Project Entitlements."
F. Before approving the Entitlements described in Recital E above, the City Council
of the City of San Luis Obispo: (i) reviewed and considered the significant environmental
impacts of the Project and several alternatives to the Project, as described in that certain Final
Environmental Impact Report (the "Project EIR") and (ii) adopted Resolution No. No. 10832
2017 Series), on September 19, 2017 to certify the Project EIR, making Findings Concerning
Mitigation Measures and Alternatives (the "Findings"), adopting a Statement of Overriding
Considerations, and adopting a Mitigation Monitoring and Reporting Plan (the "MMRP"), all in
accordance with the provisions of the California Environmental Quality Act, California Public
Resources Code section 21000 et seq. ("CEQA").
G. One of the principal purposes of this Development Agreement is to further the
cooperative relationship between City and Avila Ranch for the benefit of all residents of San
Luis Obispo during the implementation of the Project. The City and Avila Ranch join as Parties
to this Development Agreement to ensure the requirements of the Development Agreement
Statute (California Government Code section 65864 et. seq.) are satisfied. As more fully set forth
below, this Development Agreement contains both covenants of a personal nature and covenants
and/or servitudes that run with title to the Property.
H. This Development Agreement is based upon and was written to achieve these
purposes:
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1) that the City shall be kept and/or made "whole" by Avila Ranch as to the Property
and by other property owners with respect to their respective properties with
respect to all aspects (e.g., fiscal impacts, etc.) of the planning, development,
maintenance and operation of the AASP Area including, among other things, the
costs to the City of providing the Project with public services and facilities, the
payment of City's costs associated with the implementation of the Development
Agreement, the Entitlements, all other planning and environmental efforts
described and envisioned by the Development Agreement, the Subsequent
Approvals (as defined in Section 2.04 below) and the Project, and the mitigation
of the Project's environmental impacts.
2) that once this Development Agreement has taken legal effect, Avila Ranch shall
have a full and vested right, throughout the term of this Development Agreement,
to the Rights and Obligations as to the Property;
3) that this Development Agreement is intended to reduce the uncertainty in
planning and implementation for and, and to secure the orderly development of,
the Project, ensure a desirable and functional community environment, provide
effective and efficient development of public facilities, infrastructure and services
appropriate for the development of the Project, ensure maximum effective
utilization of resources within the City, and provide other significant benefits to
the City and its residents;
4) to secure Project features and Development conditions above and beyond those
that may be levied by the City under existing zoning and development regulations
and the FEIR;
5) to provide Developer with a reliable and definitive form of reimbursement for
offsite and onsite infrastructure beyond its fair share;
6) that this Development Agreement is intended to be consistent with and to
implement the City's General Plan, and more particularly the achievement of the
community's development objectives for the Property as set forth in Policy 8.1.6
of the Land Use Element;
7) that the development of the Project will enable the City to capture sales taxes that
are being leaked to other communities because of the jobs -housing imbalance;
8) that the development of the Project would result in the capture of an estimated
540 households that commute to jobs in San Luis Obispo, resulting in the
reduction of Countywide vehicle miles traveled for those trips by approximately
4.0 million miles per year; and
9) that the value of the obligations of the Developer pursuant to this Development
Agreement are anticipated to be above and beyond those necessary to serve the
Project.
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The Rights and Obligations of the Parties to this Development Agreement shall be construed and
interpreted so as shall give full effect to each and all of these purposes.
I. As used in this Development Agreement, "Rights" shall mean all of the vested
and other rights and benefits of the Development Agreement, and the term "Obligations" shall
mean all of the duties, obligations, responsibilities and other burdens of the Development
Agreement. References to lot numbers in this Development Agreement refer to lots as numbered
in Vesting Tentative Tract Map. No. 3089 dated April 26, 2017.
J. As used in this Development Agreement, the terms, phrases and words shall have
the meanings and be interpreted as set forth in this Development Agreement (the meaning given
the term in the singular shall include the term in the plural and vice versa) unless the context
clearly indicates the Parties intended another meaning. To the extent that any capitalized terms
contained in this Development Agreement are not defined within it, then such terms shall have
the meaning ascribed to them in the City Laws, other applicable law or, if no meaning is given a
term in any of those sources, the common understanding of the term shall control.
AGREEMENT
NOW, THEREFORE, in consideration of the promises, covenants and provisions set
forth in this Development Agreement, the Parties hereby agree as follows:
ARTICLE 1. GENERALLY
Section 1.01. Definition of "Avila Ranch." As used herein, "Avila Ranch" means Avila Ranch,
LLC, as that business entity existed on the Effective Date and any permitted successor, assign, or
transferee of Avila Ranch, LLC.
Section 1.02. Effective Date. This Development Agreement is entered into by and between the
City and Avila Ranch and takes legal effect on November 2, 2017, the date that Ordinance No.
1639 (2017 Series) approving the Development Agreement takes legal effect ("Effective Date").
The terms and conditions of this Development Agreement shall be for the benefit of or a burden
upon the Property, shall run with title to the Property, and shall be binding upon Avila Ranch and
its permitted successors, assigns and transferees during their respective ownerships of any
portion of the Property.
Section 1.03. Term.
Section 1.03.1. In General.
a) The term of this Development Agreement shall commence upon the Effective
Date and shall continue until, and terminate upon, the earliest of the following
dates ("Termination Date"):
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1) 12:01 a.m. on the anniversary of the Effective Date, 2037, unless Avila Ranch
requests, and the City approves, an extension of the Term for an additional 10 -
year period, in which case the Termination Date shall be 12: 01 on the anniversary
of the Effective Date, 2047. Such request for extension shall be submitted, in
writing, to the City Manager at least 180 days, but no earlier than 365 days, before
the 2037 Termination Date. The City may deny the request if Avila Ranch is not in
compliance with all of its Obligations under this Development Agreement;
2) 12: 01 a.m. on the anniversary of the Effective Date, 2024, should Avila Ranch fail
to substantially complete the Backbone Infrastructure for Phases 1 and 2 of the
Project in accordance with the Project's Phasing Plan as set forth in Section 6.01,
below. As used herein, "substantially complete" means that all of the Backbone
Infrastructure required for Phases 1 and 2 listed in the phasing schedule is actively
under construction and is being diligently prosecuted to completion, with all
bonds in place.
3) This Development Agreement may be terminated with respect to the property
included in a recorded final subdivision map creating residential lots on any
portion of the Property, provided that no further on-site or off-site infrastructure is
required and no conditions remain to be satisfied before building permits can be
issued for the development of lots depicted on that map. Concurrently with or
following recordation of such a subdivision map as to any portion of the Property,
Avila Ranch may request in writing and the Community Development Director
shall not unreasonably withhold a certificate of termination of this Development
Agreement, in recordable form, solely as to the property included in such a final
recorded map which meets the foregoing requirements; provided that no such
certificate need issue if obligations to the City under this Development Agreement
remain unfulfilled which are not made conditions of the approval of the
subdivision map. Upon the Community Development Director's recordation of
such a certificate, this Development Agreement shall terminate as to the land
covered by such final map. If Avila Ranch does not request or the Community
Development Director does not issue such a certificate, this Development
Agreement shall continue to apply to any lot depicted on such a subdivision map
until this Development Agreement otherwise expires or terminates according to its
terms.
b) This Development Agreement shall be of no further force, effect or operation
upon the Termination Date. Subject to the provisions of Section 8.04 below, in no
event shall the expiration or termination of this Development Agreement result in
expiration or termination of any Approval without further action of City.
Section 1.04. Execution and Recordation of Agreement.
Section 1.04.1. Execution and Recordation. Avila Ranch shall execute this Development
Agreement, in conformance with Section 15. 15 of this Development Agreement, within five
business days of date of adoption of the Adopting Ordinance referenced in Recital E above.
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Provided Avila Ranch has so executed this Development Agreement, City shall execute this
Agreement, in conformance with Section 15.15 of this Agreement, within five business days of
execution of this Development Agreement by Avila Ranch.
Section 1.04.2. Recordation. City shall deliver this Development Agreement to the
County Recorder for recordation within 10 days following its execution.
ARTICLE 2. DESCRIPTION OF THE PROJECT
Section 2.01. In General. As used herein, "Project" means the development of the
Property as described in the "Project Approvals" (defined in Section 2.02 below), including all
on-site and off-site "Project Facilities and Infrastructure" (defined in Section 5.02.1 below).
Section 2.02. Project Approvals. As used herein, "Project Approvals" include, but are not
limited to: (i) those provisions of City's General Plan that relate to or affect the Property, as the
General Plan existed on the Effective Date and as it may be amended from time to time
consistently with this Development Agreement (the "General Plan"), (ii) those provisions of the
Development Plan (including the Design Guidelines) that relate to or affect the Property, as
incorporated into the Specific Plan, as the Development Plan existed on the Effective Date and as
it may be amended from time to time consistently with this Development Agreement (the
Development Plan"), (iii) the zoning of the Property, as it existed on the Effective Date and as it
may be amended from time to time consistently with this Development Agreement thereafter
the "Zoning") and (iv) the other entitlements listed in Recital E above; provided that "Project
Approvals" shall not mean or include amendments to the General Plan, AASP or Zoning of the
Property that conflict with the Project Approvals as they existed on the Effective Date unless
Avila Ranch consents in writing to such conflicting amendments.
Section 2.03. Subsequent Approvals. As used herein, "Subsequent Approvals" mean
those permits and approvals (other than the Project Approvals and amendments thereto)
necessary or desirable for the development of the Project including, without limitation, those
identified in Section 2.04 below.
Section 2.04. Subsequent Approval Documents. The "Subsequent Approvals" defined in
Section 2.03 above include, but are not limited to: (i) subdivision maps and related or similar
approvals issued under the California Subdivision Map Act, (ii) development permits (including
Site Plan Reviews and Conditional Use Permits as described in the Specific Plan), (iii)
architectural review and design review approvals (as described in the Specific Plan), (iv) any
other discretionary or ministerial permits or approvals of City necessary or appropriate for build-
out of the Project and Property, and (vi) any amendments to any of the foregoing necessary or
appropriate for the development of the Project.
Section 2.05. Approvals. Project Approvals, amendments to Project Approvals, and
Subsequent Approvals are sometimes referred to in this Development Agreement collectively as
the "Approvals" and each individually as an "Approval."
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ARTICLE 3. DEVELOPMENT OF PROJECT IN GENERAL
Section 3.01. Consideration to Avila Ranch. The Parties acknowledge and agree that
City's agreement to perform and abide by the covenants and Obligations of City set forth herein
is material consideration for Avila Ranch's agreement to perform and abide by the covenants and
Obligations of Avila Ranch set forth herein.
Section 3.02. Consideration to City. The Parties acknowledge and agree that Avila
Ranch's agreement to perform and abide by the covenants and Obligations of Avila Ranch set
forth herein is material consideration for City's agreement to perform and abide by the covenants
and Obligations of City set forth herein.
Section 3.03. Rights of Avila Ranch Generally. Avila Ranch shall have a fully vested right to
develop the Project and to use the Property consistently with this Development Agreement and
Applicable Law.
a) During the Term of this Development Agreement, the Developer shall have a
vested right to develop the Property to the full extent permitted by the
Entitlements and this Development Agreement. Except as provided within this
Development Agreement, the Entitlements shall exclusively control the
development of the Property, including the uses of the Property, the density or
intensity of use, the maximum height and size of proposed buildings, the
provisions for reservations or dedications of land for public purposes and the
design, improvement and construction standards and specifications applicable to
the Project. The maximum number of residential units authorized to be
constructed hereunder and the approximate acreage of commercial development is
720 residential units and approximately 15,000 square feet of commercial
development. In furtherance of the foregoing, the Developer retains the right to
apportion the uses, intensities and densities, between itself and any other owners
of the Property, upon the sale, transfer or assignment of any portion of the
Property, so long as such apportionment is consistent with the Entitlements and
this Development Agreement.
b) Subject to the City's exercise of its police power authority the Developer shall
have a vested right to: (i) receive from the City all future development approvals
for the Property that are consistent with and implement the Entitlements and this
Development Agreement; (ii) not have such approvals be conditioned or delayed
for reasons which are inconsistent with the Entitlements or this Development
Agreement; and (iii) develop the Property in a manner consistent with such
approvals in accordance with the Entitlements and this Development Agreement.
All future development approvals for the Property, including without limitation
general plan amendments, zoning changes, or parcel maps or tract maps, shall
upon approval of the City be vested in the same manner as provided in this
Development Agreement as for the Entitlements.
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Section 3.04. Rights of City Generally. City shall have a right to regulate development of
the Project and use of the Property consistently with this Development Agreement and
Applicable Law.
Section 3.05. Project Parameters. The permitted uses of the Property, the density and
intensity of use of the Property, the maximum height and size of buildings included in the
Project, and provisions for the reservation and dedication of land shall be as set forth herein and
in the Project Approvals.
ARTICLE 4. APPLICABLE LAW
Section 4.01. In General.
Section 4.01.1. Applicable Law Defined. Except as the Parties may otherwise agree, the
rules, regulations and official policies applicable to the Project and the Property during the Term
of this Development Agreement shall be those set forth in this Development Agreement and,
except as otherwise set forth herein, the rules, regulations and official policies of City (including
the plans, municipal codes, ordinances, resolutions and other local laws, regulations, capital
facilities fees and policies of City) in force and effect on the Effective Date (collectively,
Applicable Law").
Section 4.01.2. Approvals as Applicable Law. Applicable Law shall include, without
limitation, Approvals as they may be issued from time to time consistently with this Agreement.
Section 4.02. Application of Other City Laws.
Section 4.02.1. No Conflicting City Laws.
a) City may apply to the Project and the Property any rule, regulation or official
policy of City (including any plan, municipal code, ordinance, resolution or other
local law, regulation, capital facility fee or policy of City) (each a "City Law")
that does not conflict with Applicable Law or this Agreement. City shall not,
however, without the written consent of Avila Ranch apply to the Project or the
Property (whether by initiative, referendum, imposition of mitigation measures
under CEQA or otherwise) any City Law that is in conflict with Applicable Law
or this Agreement.
b) If City attempts to apply to the Project a City Law which Avila Ranch believes to
conflict with Applicable Law or this Agreement, Avila Ranch shall give City
written notice describing the legal and factual basis for Avila Ranch's position.
The Parties shall meet and confer within 30 days of City's receipt of such written
notice to seek to resolve any disagreement. If no mutually acceptable solution can
be reached, either Party may take such action as may be permitted under
Article 12 below.
Section 4.03. Uniform Codes and Standard Specifications.
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a) Nothing herein shall prevent City from applying to the Project standards
contained in uniform building, construction, fire or other uniform codes, as the
same may be adopted or amended from time to time by City, provided that the
provisions of any such uniform code shall:
1) Apply to the Project only to the extent that such code is in effect on a City-
wide basis; and
2) With respect to those portions of any such uniform code that have been
adopted by City without amendment, be interpreted and applied consistently
with the generally prevailing interpretation and application of such code in
California.
b) Nothing herein shall prevent City from applying to the Project standards and
specifications for public improvements (e.g., streets, storm drainage, parking lots,
and driveway widths) adopted or amended from time to time by City, provided
that such standards and specifications shall apply to the Project and the Property
only to the extent that they are in effect on a City-wide basis.
Section 4.04. State and Federal Law.
a) Nothing herein shall prevent City from applying to the Project or the Property any
change in City Law required by: (i) state or federal law; or (ii) any governmental
agency that, due to the operation of state law (and not the act of City through a
memorandum of understanding, joint exercise of powers or other agreement entered
into after the Effective Date), has binding legal authority on City.
b) If the application of such changes prevents or precludes performance of one or more
provisions of this Development Agreement, City and Avila Ranch shall take any and
all such actions as may be necessary or appropriate to ensure the provisions of this
Development Agreement shall be implemented to the maximum extent practicable.
ARTICLE 5. FINANCIAL COMMITMENTS OF CITY AND AVILA RANCH
Section 5.01. In General. This Article 5 establishes a framework for the imposition and
allocation to the extent permitted by law of fees, taxes, assessments and other revenues to be
generated and/or paid by the Project and/or the Property. The provisions of this Article 5 are
intended to prevent the Project from resulting in negative fiscal impacts on City as determined by
the fiscal impact analysis prepared for the Project; to facilitate the construction, operation and
maintenance of infrastructure and facilities to avoid or limit the physical impacts of
development; and to assist in the development of the Project so as to provide long-term fiscal and
other benefits to City, including increased employment opportunities, an increased tax base and
revenues to City, and an enhanced quality of life for the City's residents.
Section 5.02. Basic Principles.
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Section 5.02. 1. General.
a) This Article 5 is intended to serve two basic purposes: first, that there shall be no
cost to City for the construction of the fair share allocation of public facilities and
infrastructure needed to serve the Project or the Property or for the provision of
municipal services to the Project or the Property, including the operation and
maintenance of facilities and infrastructure to serve the Project (collectively, the
Project Facilities and Infrastructure"); and second, that all costs associated with
the construction of Project Facilities and Infrastructure, and the provision of
municipal services to the Project and the Property (including the operation and
maintenance of Project Facilities and Infrastructure) shall be borne by the Project
alone.
b) The cost of providing Project Facilities and Infrastructure to the Project or the
Property shall be consistent with the following principles: Except as otherwise
specifically permitted by this Development Agreement and not in limitation of
any other provisions hereof, (i) there shall be a reasonable relationship between
any municipal cost required to be borne by the Project and the type of
development within the Project to which such cost is attributable; (ii) there shall
be a reasonable relationship between the need to incur any such municipal cost
and the type of development within the Project to which such cost is attributable;
iii) no municipal cost required to be borne by the Project shall exceed the
estimated reasonable cost of providing the service or facility to which such
municipal cost relates; and (iv) with respect to any fee required to finance Project
Facilities and Infrastructure, there shall be a reasonable relationship between the
amount of the fee and the cost of the Project Facilities and Infrastructure funded
by such fee. Wherever this Development Agreement requires a "reasonable
relationship" between the Project and any requirement imposed thereon, there
shall be required an essential nexus between the Project and such requirement and
rough proportionality in the allocation of a municipal cost or fee both internally to
various portions of the Property and as between the Project and other projects
within the City.
c) As used herein, the term "Project Facilities and Infrastructure" shall include
public facilities and infrastructure only to the extent they serve the Project, and
shall not include public facilities or infrastructure to the extent such facilities or
infrastructure serve projects or areas other than the Project or the Property, unless
the public facilities and infrastructure serving the Project or Property are required
to be oversized to serve other projects or areas in accordance with the provisions
of Section 6.02.2 below.
Section 5.02.2. Financing of Infrastructure; Operation and Maintenance. Prior to or
concurrent with the adoption of this Development Agreement City shall consider in good faith
establishing and forming a mechanism or mechanisms to finance Project Facilities and
Infrastructure and Project -related municipal services or the operation and maintenance portion of
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the Project Facilities and Infrastructure, such as a Mello -Roos District, Landscaping and Lighting
Districts, or other Maintenance Assessment Districts, in accordance with the following
principles:
1) The level of municipal services provided to the Project, including the level of
operation and maintenance of Project Facilities and Infrastructure, shall be at least
equal or superior to the level of service provided elsewhere in the City.
2) Any costs associated with such mechanism shall be borne by the Project, which
may be reimbursed by the financing mechanism.
3) The City may require as a condition of approval of a tentative subdivision or
parcel map a financing mechanism or mechanisms to finance the operation and
maintenance of Project Facilities and Infrastructure.
4) In accordance with and subject to -Section 7.13.1 below, Avila Ranch shall include
within the Covenants, Conditions and Restrictions (CC&Rs) required for each
subdivision of the Property a requirement that the Master Homeowners'
Association, and or each Homeowners' Association for a subdivision within the
Property (each, an "HOA"), shall assume responsibilities to maintain, repair and
insure the following items in the event that such financing mechanism is dissolved
or in the event that the fees, assessments, or taxes generated thereby are repealed
or reduced other than by discretionary action by the City Council. In such event
the HOA shall assume responsibility to maintain, repair and insure for the
publiclyowned facilities within the Property (as to a Master HOA) or subdivision
as to another HOA), including but not limited to, Parks A through F, H and I, and
Stevenson Park"; landscaped parkways and trees; low -impact -development
treatment facilities; and riparian open space, but expressly shall not assume
responsibility to maintain, repair and insure streets, curbs, gutters, sidewalks,
regional park (Park G), farmed agricultural open space, landscape paseos
connecting the public parks, retaining walls adjacent to the open space corridors,
bike paths, bike path bridges and bike path facilities (including bike paths and
bike path facilities in the County). Avila Ranch shall include the City as a third -
party beneficiary of these CC&Rs in language acceptable to the City Attorney,
which shall grant the City the right to perform the maintenance, repair and
insurance obligations and to impose assessments against the affected parcels in
the event an HOA fails to perform its obligations under this subparagraph (4).
Section 5.03. Establishment of Financing Mechanisms.
Section 5.03.1. Procedures for Establishment. The establishment of any mechanism to
finance the operation or maintenance of Project Facilities and Infrastructure (each a "Financing
Mechanism") shall be initiated upon Avila Ranch's written request to the City's Finance
Director. Such request shall outline the purposes for which the Financing Mechanism is to be
established and the general terms and conditions upon which the establishment of the Financing
Mechanism will be based. City's consideration of Avila Ranch's request shall be consistent with
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the criteria set forth in Section 5.02 above. If Avila Ranch requests the City form a Mello -Roos
Community Facilities District to finance the operation or maintenance of Project Facilities and
Infrastructure, City shall use its best efforts to cause such district to be formed and special taxes
to be levied to the extent permitted by Applicable Law.
Section 5.03.2. Nature of City Participation. City's participation in the formation of any
Financing Mechanism approved by City (and its operation thereafter) and in the issuance of any
Project Debt approved by the City shall include all of the usual and customary municipal
functions associated with such tasks including, without limitation, the formation and
administration of special districts; the issuance of Project Debt; the monitoring and collection of
fees, taxes, assessments and charges such as utility charges; the creation and administration of
enterprise funds; the enforcement of debt obligations and other functions or duties authorized or
mandated by Applicable Law.
Section 5.04. Imposition of and Increases in Fees, Taxes, Assessments and Other Charges.
Section 5.04.1. Taxes and Assessments.
a) During the Term of this Development Agreement, Avila Ranch shall be bound to
and shall not protest, challenge, or cause to be protested or challenged, any City
tax in effect on the Effective Date.
b) No assessment shall be imposed on the Project or the Property other than through
a Financing Mechanism as set forth above.
c) No new debt shall be issued that affects the Project or the Property without Avila
Ranch's approval, unless such debt otherwise conforms with the requirements of
Articles XIII C and D of the California Constitution and any requisite voter
approval is achieved, in which case the City may issue debt even if Avila Ranch
votes against the matter.
Section 5.04.2. Other Fees and Charges; Credits and Reimbursements.
a) City shall impose against or apply to the Project or the Property only those
financial obligations (other than taxes and assessments) described in this Section
5.04.2. Except as otherwise specifically stated below, any financial obligation
imposed against or applied to the Project under this Section 5.04.2 shall be
consistent with the provisions of controlling California law, including California
Government Code section 66000 et seq. and California Constitution, article XIII
A and its implementing statutes.
b) The Developer shall be required to pay all City-wide, Airport Area Specific Plan,
Los Osos Valley Road ("L.O.V.R.") Interchange Impact Fees, and Project -specific
development impact fees, excluding sewer and water impact fees addressed in
section 5.04.2(c) immediately below, for the Project's fair share of the cost to
mitigate Project impacts as identified in the Final Environmental Impact Report
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FEIR), Specific Plan, conditions of approval or otherwise specified in the
Development Agreement in effect when each final map is recorded in accordance
with AB 1600 analysis. City may adjust development impact fees not more than
once a year with changes no greater than the inflation index identified upon
imposition of the fee.
c) The Developer shall be required to pay sewer and water impact fees in accordance
with the AB 1600 analysis in effect when each Final Map is recorded plus any
adjustments based on CPI until issuance of each building permit. Subsequent
payments shall be adjusted annually by the inflation index identified upon
imposition of the fee as determined by the City.
d) Fees imposed by City, including but not limited to planning, engineering, building
permit, fire plan check and development impact fees, but excluding sewer and
water impact fees governed by section 5.04.2( c) immediately above, shall be in
accordance with the fees in effect as of the date of when the Final Map is recorded
plus any adjustments based on the inflation index identified upon imposition of
the fee until issuance of each building permit.
e) If the City amends any existing Development Impact Fee (DIF) program to
include additional projects or costs for the benefit of the Project (either new
projects or increased costs for projects included in the analysis supporting existing
fees) for improvements necessary to satisfy Project requirements, Developer will
be required to pay the amended fees. Credits applied towards infrastructure costs
advanced by Developer shall apply when building permits are issued or fees are
otherwise due and shall arise only from Developer -funded construction of
infrastructure or community facilities included in the project list on which a
particular fee was based. Credits applied when building permits are issued or fees
are otherwise due pursuant to this section shall be adjusted for inflation
consistently with such adjustments of the fees against which credits are allowed.
f) The Developer shall pay all then -current processing fees for any subsequent
planning applications and permits as adopted by the City Council.
g) City acknowledges that Developer may dedicate property and install
infrastructure improvements beyond its "fair share" cost. The City agrees to grant
fee credits and reimbursements, funded by Development Impact Fees paid by
Developer and other developers, and traffic impact fees, where eligible, but
excluding sewer and water impact fees. If and to the extent that the Developer
constructs or installs any infrastructure and/or facilities that have a capacity or
size in excess of that required to serve the Project or mitigate its impacts, and one
or more undeveloped properties will be benefitted by such infrastructure and
facilities, the City shall enter into a reimbursement agreement with the Developer,
in a form mutually acceptable to City and Developer, which provides for the
reimbursement of all excess costs and expenses incurred by the Developer in
constructing such improvements in accordance with California Government Code
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section 66485 et seq. and section 16.20.110 of the City's municipal code, the
City's zoning ordinance, and in accordance with Section 5.05.3 below.
h) The City's rates for monthly retail utility service (e.g., water and sewer) may be
applied to the Project and increased from time to time during the term of this
Development Agreement; provided, however, that any such increase shall be
imposed only to the extent permitted by law.
i) Avila Ranch shall pay City reasonable staff and consultant time and other
reasonable costs (including reasonable consultant costs) associated with: (i) the
MMRP Evaluation and the Development Agreement Review, (ii) the
establishment of any Financing Mechanism (to the extent such costs are not
included in the Financing Mechanism), including any necessary election costs,
and (iii) all other administrative tasks associated with City's adoption and
implementation of this Development Agreement and the Project.
j) Avila Ranch shall pay all required fees of the California Department of Fish and
Wildlife ("CDFW"). CDFW fees shall be submitted to the City's Planning
Division before filing of any required Notice of Determination under CEQA,
along with any fee required by the County Clerk/Recorder. The City may require
proof of payment of such fees before issuing building permits or filing of a Final
Subdivision Map.
k) During the term of this Development Agreement, fees and charges other than
those specifically described in subsections (a) through 0) above may be imposed
against or apply to the Project or the Property only as City and Avila Ranch agree.
Section 5.05. Other Commitments of City and Avila Ranch Related to Financing.
Section 5.05.1. Arrangements with Other Governmental Agencies. City and Avila Ranch
acknowledge and agree that City may from time to time enter into joint exercise of power
agreements, memoranda of understanding or other agreements with other governmental agencies
consistent with and to further the purposes of this Development Agreement.
Section 5.05.2. Other Funding Sources.
a) City and Avila Ranch agree to pursue outside sources of funding for the
construction, operation and maintenance of Project Facilities and Infrastructure
including, in particular, facilities and infrastructure which serve the region. City
shall not be obligated, however, to apply for county, state or federal funds if the
use of such funds for the Project would reduce the availability of that resource for
other City projects.
b) Any obligation of Avila Ranch under this Development Agreement to fund or
otherwise bear the costs of the construction of improvements, the provision of
services or any other item, whether or not the sole obligation of Avila Ranch, may
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be satisfied through the use of funds provided by, from or through any third party
including other non -City, governmental) sources.
Section 5.05.3. Reimbursement.
a) City shall reimburse, or provide for the reimbursement by other landowners or
developers, the actual hard and soft costs associated with Avila Ranch's funding
or construction of that portion of any oversized or accelerated improvements or
facilities that is attributable to a project or area other than the Project or Property
as required by this section. Hard and soft costs eligible for reimbursement shall
include, without limitation: reasonable direct costs of construction and materials,
soft costs including bonds, architecture and engineering fees, and professional
fees. Such reimbursement shall be based on a fair share allocation of costs
determined by calculating the pro rata share of the capacity in such improvements
that is attributable to other projects or properties as reflected in the allocation
percentages in Exhibit C, which reimbursement shall be timely provided in
accordance with Applicable Law, following City's collection of funds from the
sources identified in subsection 5.05.3(a)(1)—(4) below. Avila Ranch and City
acknowledge that the amounts specified in Exhibit C for each improvement are
estimates only and that total reimbursable costs shall be based on Avila Ranch's
actual costs as set forth in this Section 5.05.3.
1) Development Impact Fees paid by the Project for the improvements specified
from the AASP impact fees, L.O.V.R. Interchange impact fees, or the Citywide
transportation impact fees, as applicable;
2) Development Impact Fees paid to the City on behalf of other development in the
AASP area that are not committed to repayment obligations under prior
Reimbursement Agreements;
3) Development Impact Fees paid to City from developers who contribute to the
impact associated with the improvements installed by Avila Ranch; and
4) Taxes or assessments in a Community Facilities District.
5) Separate reimbursement agreement. For purposes of such agreement, backbone
infrastructure that is larger than the minimum size or standard as identified in the
Standard Specifications and Engineering Design Standards may be considered to
be oversized and shall be subject to prior review and approval by the City prior to
being included in a separate reimbursement agreement.
b) Under no circumstances shall the City be obligated to fund reimbursement from
its own resources, from funds it does not yet possess, or from funds which may
not be lawfully used for that purpose.
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c) Failure or error by the City to collect funds from the sources identified in
subsection 5.05.3(a) above shall not subject the City to any liability, obligation, or
debt to Avila Ranch. Notwithstanding the foregoing, the City shall reimburse
Avila Ranch pursuant to the terms of this Agreement with respect to all such funds
actually collected by the City. Failure by the City to reimburse Avila Ranch after
the City collects such funds shall entitle Avila Ranch to exercise its remedies in
accordance with Article 12.
d) For any improvement subject to reimbursement under this section, Avila Ranch
shall provide City with evidence of the actual hard and soft costs of each of the
improvements in the form of receipted bills, canceled checks, and contracts.
Approval of reimbursement may occur in phases as projects are accepted by City.
Regardless of Avila Ranch's claimed costs incurred in constructing the
reimbursable improvements, City has the authority, through its Director or
designee, in the exercise of his or her reasonable discretion, to determine the
amount subject to possible reimbursement for each improvement.
e) In the event any owner or developer pays all or a portion of the fees or
assessments identified in subsection 5.05.3(a)(1)—(4) above under protest, the City
shall not be required to make reimbursements under this Development Agreement
until the limitation period for instituting court action to seek a refund of such
funds paid under protest has passed, and no court action ("Action") has been
instituted. If an Action is instituted seeking refund of funds paid under protest, or
to prevent the City from collecting such funds, or challenging any provision of
this Development Agreement, the City shall not pay over such funds to Avila
Ranch until the Action has been finalized and the authority of the City to collect
such funds and reimburse the Developer has been sustained. The City shall
promptly notify Avila Ranch in writing of the Action. The City shall reasonably
support Developer's efforts to participate as a party to the Action, to defend the
Action or settle the Action. Furthermore, the City shall have the right to tender
defense of the Action to Avila Ranch. If, within 15 days of the City's mailing a
notice in compliance with Section 15.08 below requesting that Avila Ranch
defend the Action, should Avila Ranch thereafter fail to undertake the defense of
the Action at Avila Ranch's sole cost and expense, the City may stipulate to return
of the funds collected under protest, to cease collecting such funds, or enter into
any other settlement of the Action acceptable to the City, and Avila Ranch shall
lose any right to reimbursement under this Development Agreement of the
amount contested in the Action. Avila Ranch shall further reimburse the City for
its costs and attorneys' fees incurred in defense of the Action, including
reasonable payment for legal services performed by the City's City Attorney, and
for any liability the City incurred in the Action. In addition, if the City fails to
impose a requirement upon development projects to pay their respective prorated
share of the improvements specified in Exhibit C or fails to collect such funds,
Avila Ranch may exercise all of its legal rights to attempt to collect such funds
from the owners or developers of the benefitted properties, which legal rights
shall not be interpreted to include an action against the City. In the event Avila
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Ranch attempts to collect such funds from such owners or developers, the City
shall assign to Avila Ranch all of its rights to collect such funds under this
Development Agreement.
f) The City reserves the right to offset any funds it collects from the sources
identified in this Section 5.03.3 against any unpaid fees, debts or obligations of
Avila Ranch owed to the City. The City shall provide Avila Ranch with notice, in
accordance with Section 15.08 and Article 12, of its intent to offset any collected
funds against unpaid fees, debts or obligations described in the notice, and
provide Avila Ranch with a reasonable opportunity to cure such unpaid fees,
debts, or obligations.
g) Avila Ranch's rights to reimbursement under this Section 5.05.3 shall survive
termination of this Development Agreement for a period of 15 years from the date
of termination or until Developer has been fully reimbursed, whichever occurs
first.
Section 5.05.4. Other Shortfalls of City.
a) Avila Ranch understands and acknowledges that the costs to City of serving the
Project and the Property and otherwise carrying out its Obligations under this
Development Agreement may exceed the fees, charges and revenues generated by
or as a result of the Project. Accordingly, prior to or concurrently with this
Development Agreement, the City shall establish a Financing Mechanism to
mitigate potential annual shortfalls to the City's General Fund resulting from the
provision of municipal services to the Project, the costs of which exceed the
General Fund revenues generated by development within the Property (the
General Fund Shortfalls"). The Funding Mechanism shall be designed to remain
in place until annual General Fund revenues generated by development within the
Property are at least equal to the annual General Fund costs incurred by City in
providing municipal services to the Project.
b) A Financing Mechanism shall be established to generate revenues sufficient to
offset such potential shortfall, if requested by the City, and shall only be effective
if a fiscal impact analysis shows a General Fund Shortfall. The shortfall Financing
Mechanism may consist of a Mello -Roos Community Facilities District ("CFD").
c) City may annually monitor the fiscal impacts of development within the Property
to determine the extent to which development generates sufficient General Fund
Revenues to eliminate the General Fund Shortfall. When and if the City
determines as a result of annual monitoring that sufficient development has
occurred within the Property to generate General Fund revenues to cover the
annual costs to the City's General Fund of providing municipal services to the
Project (the "Break -Even Point"), the shortfall Financing Mechanism shall be
discontinued and all revenues that have been collected to fund the projected
General Fund Shortfall but have not been used for such purpose shall be refunded
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to Avila Ranch, if permissible pursuant to Applicable Law, or otherwise used to
defray Project Costs in the City's reasonable discretion and pursuant to law.
d) Avila Ranch's obligation to fund projected General Fund Shortfalls under Section
5.05.4 above shall be limited by the provisions of Section 5.02.1 above and, in
any event, shall not survive the expiration or termination of this Development
Agreement. If Developer requests, and City grants, an extension of this
Development Agreement as set forth in Section 1.03.1(a)(1) above, Avila Ranch's
obligation to fund projected General Fund Shortfalls shall be extended
accordingly.
ARTICLE 6. COMMITMENTS OF CITY AND AVILA RANCH RELATED TO PUBLIC
IMPROVEMENTS
Section 6.01. Backbone Infrastructure Phasing Plan. The Project Backbone Infrastructure is
planned to be designed and constructed in six (6) phases.
Section 6.01.1. Development Plan Phasing Plan. The improvements described in the
Avila Ranch Development Plan and Exhibits E-1 through E-4 and J to this Development
Agreement constitute the Project "Backbone Infrastructure." The Parties acknowledge that
further analysis may result in a more cost-effective approach to the provision of such
infrastructure to adequately serve development within the Project Area, and that Exhibits E-1
through E-4 and J may be revised accordingly by agreement of the Parties and that such
revisions shall not require amendment to this Development Agreement.
Section 6.01. 2. Phasing Plan. The phasing plan for the project is attached to this
Agreement as Exhibit D.
Section 6.01.3. Phasing Plan Amendments. The Phasing Plan may be amended by
agreement of the Parties to take advantage of new technologies, to respond to changes in the
underlying land use assumptions upon which the plan is based, or for such other reasons as the
Parties may agree.
Section 6.02. Construction and Dedication of Project Facilities and Infrastructure.
Section 6.02.1. Construction and Funding of Project Facilities and Infrastructure by
Avila Ranch. The City may, in any manner consistent with the terms and provisions of this
Development Agreement, require Avila Ranch to construct or fund the construction of any
Project Facilities and Infrastructure when needed to satisfy the Backbone Infrastructure Phasing
Plan.
Section 6.02.2. Oversizing of Project Facilities and Infrastructure.
a) In addition to requiring Avila Ranch to construct or fund the construction of
Project Facilities and Infrastructure, City may require any Project Facilities and
Infrastructure constructed or funded by Avila Ranch under Section 6.01 above to
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be oversized to serve projects or areas other than the Project or the Property;
provided that:
i) City shall consider in good faith the establishment of a Financing Mechanism to
provide such additional funding;
ii) City shall reimburse the costs associated with Avila Ranch's funding or
construction of that portion of any such oversized improvements that is
attributable to projects or areas other than the Project or the Property, pursuant to
section 5.05.3 of this Agreement above.
b) If the phasing or incremental construction of facilities would involve significant
inefficiencies that are unacceptable to City for a sub -phase implemented by Avila
Ranch, Avila Ranch may be required to construct or provide advance funding for
the construction of oversized improvements. For example, if the Project generates
a need for an 18 -inch sanitary sewer line, but other projects reasonably may be
expected to use that sewer line and thereby increase the required capacity of such
line to 24 inches, City may require Avila Ranch to construct or fund the
construction of a 24 -inch sewer line (but shall provide reimbursement as
described in section 5.05.3 above). Notwithstanding the foregoing, City shall
exercise its best good faith efforts to reasonably limit Avila Ranch's obligation to
construct or provide advance funding of oversized improvements and may in
certain instances, in the interest of fairness to Avila Ranch, tolerate certain
inefficiencies.
Section 6.03. Dedications.
a) To the extent rights-of-way or other interests in real property owned by Avila
Ranch within the Property are needed for the construction, operation or
maintenance of Project Facilities and Infrastructure, Avila Ranch shall dedicate or
otherwise convey such rights-of-way or other interest in real property to City, or
as necessary to the County of San Luis Obispo. Such rights-of-way shall be
dedicated or otherwise conveyed in the widths set forth in the AASP or in the
Avila Ranch Development Plan.
b) Any public improvements constructed by Avila Ranch and conveyed to City, and
any right-of-way or other real property conveyed to City, shall be dedicated or
otherwise conveyed (i) free and clear of any liens unacceptable to the City and
ii) except as otherwise agreed to by City, in a condition free of any toxic
materials. Nothing herein shall prevent City's right to pursue third parties under
applicable law.
Section 6.04. Cooperation with Respect to Project Facilities and Infrastructure.
Section 6.04.1 Off -Site Improvements. Avila Ranch acknowledges that certain off-site
improvements are required as part of the project's conditions of approval and mitigation
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measures which include, but may not be limited to:(i) a right-of-way along Buckley Road and/or
the Buckley Extension; (ii) a right-of-way necessary to implement the Horizon Extension from
the project to Suburban Road: (iii) the Earthwood Extension to Suburban; (iv) improvements to
Suburban Road between Earthwood and Horizon; (v) improvement of the intersection of Vachell
and Venture; (vi) pedestrian improvements along Higuera and Vachell; (vii) intersection
improvements at Higuera/Buckley, L.O.V.R./Higuera, Suburban/Higuera, Tank Farm/Higuera,
Prado/ Higuera and South/Higuera; and (viii) bicycle improvements required by the City and
consistent with the City Bicycle Master Plan, all of which are more particularly described in the
Project's approved plans (the "Off -Site Improvements"). A schedule of all Off -Site
Improvements for which Avila Ranch is responsible is attached as Exhibit C to this Agreement.
Avila Ranch shall exhaust all reasonable efforts and diligently pursue acquisition of all necessary
easements and/or rights of way not currently owned or controlled by City or Avila Ranch which
are required to construct the Off -Site Improvements. For purposes of this Section 6.04.1, the
term "reasonable efforts" shall include proof that the Avila Ranch has made a commercially
reasonable written offer to purchase the property interest at fair market value, in accordance with
an appraisal conducted by an MAI appraiser.
If after exercising reasonable efforts Avila Ranch is unable to acquire the necessary easements
and/or rights of way, City, upon written request of Avila Ranch, may either: (1) require Avila
Ranch to construct functionally equivalent alternative improvements to those previously
approved, provided that such alternative improvements are equally or more effective in
addressing the impact; or (2) pursue acquisition of the real property interests by means of
eminent domain. City and Avila Ranch acknowledge that eminent domain is a discretionary
process and that City cannot commit to its use unless and until all appropriate notifications,
hearings and proceedings have been undertaken. If City chooses to pursue acquisition of the real
property interests by means of eminent domain, City shall take all reasonable steps necessary
towards that endeavor, including undertaking appraisals, noticing property owners, noticing and
holding required public hearings and meetings, and following any other procedures required for
pre judgment possession and Avila Ranch shall pay all costs reasonably incurred by City related
to, arising from, or associated with such acquisition or condemnation proceedings, including but
not limited to, attorneys' fees, expert witness fees, settlement costs, and jury awards of any kind.
In addition, Avila Ranch shall indemnify, defend and hold City harmless from and against any
and all claims, liabilities or causes of action of any kind associated with City's acquisition of
such real property interests, excluding therefrom any claims, liabilities or causes of action arising
from City's gross negligence or willful misconduct.
If and to the extent this Section 6.04.1 demands more of Avila Ranch than does Section 66462.5
of the Subdivision Map Act, this section shall apply in addition to the Developer's obligations
under that statute.
Upon acquisition of the necessary interest in land, or upon obtaining right of entry, either by
agreement or court order, Avila Ranch shall commence and complete the public improvements.
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This requirement shall be included, and, if necessary, detailed, in any subdivision improvement
agreement entered between the Developer and the City pursuant to Government Code
section 66462.
ARTICLE 7. OTHER COMMITMENTS OF CITY AND AVILA RANCH
Section 7.01. Mutual Cooperation for Other Governmental Permits. City and Avila Ranch, as
appropriate, shall each be responsible to apply to other governmental or quasi -governmental
agencies for necessary permits and approvals for development and use of the Property (e.g.,
agencies having jurisdiction over water supply; wastewater treatment, reuse and disposal; access
to the Property; wetlands -related and other biological issues). City and Avila Ranch each shall
take any and all actions as may be necessary or appropriate to process successfully such permits
and approvals, provided such permits and approvals are consistent with the Development Plan
and AASP and agreed by the City and Avila Ranch to be reasonably necessary or desirable for
the construction, maintenance or operation of the Project.
Section 7.02. Timing of Development.
Section 7.02.1. Timing Requirements.
a) Avila Ranch shall be obligated to comply with the terms and conditions of the
Project Approvals, the Development Plan, the AASP, and this Development
Agreement when specified in each. The Parties acknowledge that the rate at which
phases of the Project develop depends upon numerous factors and market
conditions that are not entirely within Avila Ranch's or the City's control such as
market demand, interest rates, absorption rates, completion schedules, availability
of labor, and other factors. The Parties wish to avoid the result of Pardee
Construction Co. a City of Camarillo, 37 Cal. 3d 465 (1984), where the failure of
the parties therein to consider and expressly provide for the timing of
development resulted in the court's determination that a later -adopted initiative
restricting the timing of development prevailed over the parties' agreement.
Accordingly, the Parties acknowledge that Avila Ranch shall have the right to
develop the Project at such time Avila Ranch deems appropriate in the exercise of
its subjective business judgment except as provided in this section below and the
City shall not attempt to limit or restrict the timing of development of the Project
except in accordance with the terms of this Development Agreement.
b) Avila Ranch shall complete the first two phases of development depicted in
Exhibit D to this Agreement, including the installation of those certain
improvements required under either the Development Plan or FEIR, by seven
years after the Effective Date. Otherwise, Avila Ranch may proceed with the
development of any portion of the Project, or make any financial commitment
associated with any such development when, in Avila Ranch's sole and absolute
discretion, Avila Ranch determines that it is in Avila Ranch's best financial or
other interest to do so. The foregoing sentence shall not, however, limit any
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obligation of Avila Ranch under this Development Agreement with respect to any
development activities that Avila Ranch chooses to undertake hereunder.
c) Avila Ranch shall pursue buildout of the project in conformance with the phasing
schedule below. The Parties acknowledge that, except as expressly required by
Section 1.03.1(a)( 2), the actual timing of buildout will vary from year to year due
to a variety of factors such as market demand, economic conditions, etc. Avila
Ranch may accelerate buildout of the Project ahead of the schedule so long as
there is outstanding indebtedness owed to Avila Ranch for Off -Site Improvements
under section 5.05.3 of this Agreement. The Project shall be permitted to develop
at a rate up to the cumulative total of 150% of the annual number of dwelling
units shown in the phasing schedule immediately below. The Project shall not
exceed the cumulative maximum shown for each year in the phasing schedule
below, unless authorized by the Community Development Director upon a finding
that there is outstanding debt owed to Avila Ranch and that such development
and/or rate of development will not exceed the City's Growth Management
Ordinance.
Section 7.03. Dedication of Park Lands. Avila Ranch shall dedicate land in excess of that
ordinarily required by the City to construct public parks in South San Luis Obispo, an area that
presently has a deficiency of park area. In particular, Avila Ranch shall provide 18.25 acres of
public park land, 1.76 acres in excess of City requirements, to bring the total park acreage for
South San Luis Obispo to five and a -half acres per 1,000 persons. Said parks shall be reviewed
and approved by the City's Parks and Recreation Commission before dedication. Ongoing
maintenance and operation of these park facilities shall be funded by the Project residents
pursuant to a Financing Mechanism established pursuant to Sections 5.03 or 5.04 above and shall
not be payable from the General Fund or other community -wide resources.
Section 7.04. Dedication of Open Space and Agricultural Lands. To compensate for the loss of
onsite agricultural lands and to meet the open space objectives of the General Plan, Avila Ranch
shall dedicate at least 50 acres of on-site open space and/or agricultural land and shall preserve at
least 50 acres of off-site open space and/or agricultural land. Said lands shall be dedicated within
the City's "Greenbelt" area depicted in Figure 5 of the Conservation and Open Space Element, a
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183247.1
Phase 1 Phase 3 Phase 4 Phase 5
Phase 2
Year>>> 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029
R-1 101 50 51
R-2 Standard 221 44 44 45 44 44
R-2 Pocket Cottage 76 16 16 15 16 13
R -3 -Duplex 38 38
R-3 Town Home 159 52 52 55
R-4 Apartments 125 65 60
Total Subject to Limit 720 60 60 60 125 117 90 52 55 50 51
Maximum . 90 180 270 458 633 720
Cumulative Limit
Section 7.03. Dedication of Park Lands. Avila Ranch shall dedicate land in excess of that
ordinarily required by the City to construct public parks in South San Luis Obispo, an area that
presently has a deficiency of park area. In particular, Avila Ranch shall provide 18.25 acres of
public park land, 1.76 acres in excess of City requirements, to bring the total park acreage for
South San Luis Obispo to five and a -half acres per 1,000 persons. Said parks shall be reviewed
and approved by the City's Parks and Recreation Commission before dedication. Ongoing
maintenance and operation of these park facilities shall be funded by the Project residents
pursuant to a Financing Mechanism established pursuant to Sections 5.03 or 5.04 above and shall
not be payable from the General Fund or other community -wide resources.
Section 7.04. Dedication of Open Space and Agricultural Lands. To compensate for the loss of
onsite agricultural lands and to meet the open space objectives of the General Plan, Avila Ranch
shall dedicate at least 50 acres of on-site open space and/or agricultural land and shall preserve at
least 50 acres of off-site open space and/or agricultural land. Said lands shall be dedicated within
the City's "Greenbelt" area depicted in Figure 5 of the Conservation and Open Space Element, a
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copy of which figure is attached here as Exhibit F. The land to be dedicated or reserved may be
comprised of multiple properties, and may be located in the City or unincorporated County
territory. Avila Ranch may satisfy a portion of this requirement through the payment of an in lieu
fee to the City or, with the City's approval, to a land conservation organization. If land is
dedicated in the form of a Conservation Easement, the terms and conditions shall be approved by
the City, together with a correspondent and contemporaneous baseline conditions report. If land
is to be dedicated in fee simple title, the City shall have the opportunity to conduct due diligence
inspections, including but not limited to, Phase I Environmental Site Assessment (and subsequent
assessment as may be necessary), title review, and physical site inspections; the City may reject
any such dedications based on its due diligence inspections, which shall not be construed as a
waiver of the dedication requirements herein.
Section 7.05. Affordable Housing and Workforce Housing and Related Programs. Avila Ranch
shall provide affordable housing for the Project as described in Exhibit G. Avila Ranch shall also
provide workforce housing and shall implement the local preference "SLO Workers First"
program, owner occupancy restrictions and down payment assistance program as described in
Exhibit G.
Section 7.07. Energy.
a) Avila Ranch shall provide for accelerated compliance with the City's Energy
Conservation Goals and its Climate Action Plan by implementing energy
conservation measures significantly above City standards and norms by providing
for solar PV energy generation for 100 percent of onsite electrical demand as
described in Section 13 of the Design Framework of the Development Plan. The
Project shall also include energy efficiency standards in excess of the current
Building Code.
b) Developer shall provide sustainability features as described in Section 13 of the
Design Framework of the Development Plan, including: (i) housing that meets the
2019 net zero building and energy codes or, if the 2019 building and energy codes
are not yet adopted upon building permit application, the equivalent to the
satisfaction of the Community Development Director, (ii) implementing any
future city-wide policy regarding carbon emissions reduction, (iii) solar electric
panels, (iv) integrated power outlets for electric vehicles and electric bicycles, (v)
building design that maximizes grey water usage, and (vi) work -at-home options
with high-speed internet connectivity.
Section 7.08. Water.
a) Avila Ranch shall provide for accelerated compliance with the Climate Action
Plan through by implementing special water conservation measures to reduce the
usage of potable water by Avila Ranch households to 35 percent below the
current City-wide average as described in Section 13 of the Development Plan.
b) Avila Ranch shall comply with the California Water Code and the regulations
imposed by the City before or after the Effective Date in its capacity as the
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Groundwater Sustainability Agency pursuant to the Sustainable Groundwater
Management Act ("SGMA").
c) Avila Ranch shall install water improvements necessary to serve the Project and
future annexation areas of the AASP and County fringe areas in and around
Buckley and Broad Streets as shown in Exhibit H.
d) Avila Ranch shall offer to dedicate to the City a well site for future municipal use
on Lot 594, 406 or 398, with area buffers acceptable to the City and consistent
with drinking water standards. If the water well is located in a public park, the
design shall be consistent with the project's Parks Plan, and may be subject to
review and approval by the City Parks and Recreation Commission. The well site
shall have a footprint with an area measuring 20' x 40', plus a buffer as shown
more particularly in Exhibit I.
e) Except as provided in paragraph (b) of this section above, Avila Ranch reserves
all groundwater or other water rights with respect to the Property and shall be
entitled to irrigate agricultural or open space land with ground or well water, to
the extent that such reservation and action does not violate Applicable Law and so
long as such water meets or exceeds all applicable water quality standards. Avila
Ranch shall have the option, but shall not be required, to connect to the City's
water system to irrigate agricultural/open space land with reclaimed water.
Section 7.09. Storm Drain Facilities. Before approval of a Final Subdivision Map or building
permit for a use that does not require a map, Avila Ranch shall cause to be provided storm drain
facilities adequate to accommodate the storm water runoff from the area subject to the Final
Subdivision Map or building permit.
Section 7.10. Interim Fire Station. Avila Ranch shall construct, and dedicate to the City, an
interim fire station on Lot 302 to serve all property in South San Luis Obispo. Per the
requirements of the Fire Station Master Plan, the interim fire station shall be provided at the
buildout of the 361 st dwelling unit. After the interim fire station has been constructed, the site
shall be dedicated to the City for use as a City park or affordable housing site, as deemed
appropriate by the City. Avila Ranch shall be entitled to credits against fire development impact
fees in an amount reasonably determined by the City's fiscal impact consultant to reflect (i) the
value of the land donated to the City under this section and (ii) the lesser of (a) Avila Ranch's
actual cost to improve the interim fire station and (b) the reasonable cost of that construction.
Section 7.11. Traffic and Circulation Improvements. Avila Ranch shall construct or fund the traffic
and circulation improvements as established in the FEIR and Development Plan as further
described in Exhibit C. City and Avila Ranch acknowledge that these improvements are necessary
to mitigate project impacts, improve access to and from the project, relieve existing or future traffic
deficiencies, and bring such intersections into compliance with the General Plan in advance of
impacts associated with the Project. In addition, Avila Ranch shall construct or fund the following
improvements:
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a. Buckley/227 Intersection Improvements. Avila Ranch shall commit $200,000 above its fair share
allocation of costs to facilitate design of the roundabout improvements for the Buckley Road/227
intersection called for in the 227 corridor study.
b. Operational Improvements to the Davenport Creek and Buckley Road Intersection. The Project's
fair share of these improvements is 2. 7 percent, based on the Project's share of additional traffic on
Buckley Road. Avila Ranch shall provide funding to the City in the amount of $230,000 for these
improvements (90 percent of projected costs), including the costs for initial design, construction
documents, and right-of-way acquisition. In the event actual costs are less than what has been
projected, Avila Ranch may apply the remaining funds ($230,000 less 90 percent of actual costs of
construction) to the Buckley/227 intersection improvements. The City shall work with the County
of San Luis Obispo and enter into any necessary agreements to act as a conduit for the Avila Ranch
funding contribution to the Davenport Creek and Buckley Road intersection improvements.
Section 7.12. Bicycle and Multimodal Transportation Improvements. Avila Ranch shall
construct or fund the construction of bicycle and multimodal transportation improvements as
established in the FEIR and Development Plan as further described in Exhibit J. City and Avila
Ranch acknowledge that these improvements are necessary to mitigate Project impacts, improve
access to and from the Project, encourage multimodal transportation, relieve existing or future
traffic deficiencies, and bring such intersections into compliance with the General Plan in
advance of impacts associated with the Project. In addition, if prior to the termination of this
Development Agreement, City acquires all or a portion of right of way through the Chevron site
immediately adjacent to the Property as contemplated in the City's Circulation element, Avila
Ranch agrees to improve, at its sole cost and expense, subject to reimbursement, such right of
way as a Class 1 bicycle facility and pedestrian walkway. Avila Ranch shall be obligated to
construct such improvements upon written notice by City that it has acquired all or a portion of
the right of way through the Chevron property and such obligation shall survive termination of
this Development Agreement. Actual construction of the bicycle and pedestrian improvements
shall be coordinated with build -out of the Project, but in no event shall it be later than one year
after completion of phase 4 of the Project or City's written notice to Avila Ranch of its
acquisition of such right-of-way, whichever is later.
Section 7.13. Miscellaneous.
Section 7.13.1. Covenants, Conditions, and Restrictions. CC&Rs for each subdivision
within the Property shall state substantially the following: "This project is within the boundaries
of the San Luis Obispo Airport Area Specific Plan, and as such, is subject to design guidelines
and development standards which have been incorporated into the Airport Area Specific Plan and
the Avila Ranch Development Plan Design Guidelines, both on file with the Community
Development Department of the City of San Luis Obispo." Before the City approves a Final
Subdivision Map or issues a building permit for a land use that does not require a Map, the
CC&R disclosure statement referenced above shall be provided to the City Attorney for review
and approval.
Section 7.13.2. Ownership and Maintenance of Public Improvements. Unless otherwise
mutually agreed, the City shall own and maintain, or cause to be maintained, the following
public improvements:
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a) Potable water system and water tank within public properties or public easements;
b) Sanitary sewer system within public properties or public easements;
c) Recycled water system within public properties or public easements;
d) Storm drain system, including continuous deflective separation (CDS) vaults or
other BMP facilities, within public properties or public easements;
e) Public roadways;
f) Public parks; and,
g) Public access, landscape, and utility easements.
Section 7.13.3. Public Utilities Easements. All land subject to public utilities easements
PUEs); public water, sewer, or storm drain easements; and public access easements shall be
open and accessible to the City at all times.
Section 7.13.4. Design Review of Major Surface Facilities. Design Review shall be
completed for all major surface public facilities for which it is required before construction.
Section 7.13.5. Design and Construction Standards for Sewer and Water Facilities. All
sewer, water and recycled water facilities shall conform to the Design and Construction
Standards in effect for the Project when improvement plans are submitted. The submittal shall
include all pertinent engineering analysis and design calculations. The plans shall be subject to
the Director of Public Works' review and approval.
Section 7.13.6. Communications Requirements. Developer shall provide cable or suitable
conduit to each City facility, public park, or other lot designated for City or public use for high
speed internet connectivity. The cable or suitable conduit shall be shown on the joint trench
improvement plans and constructed before the final lift of asphalt is placed on the adjacent street.
ARTICLE 8. CONSIDERATION OF PERMITS AND APPROVALS
Section 8.01. In General.
Section 8.0 1.1 Review and Action Generally. Upon Avila Ranch's submission of any complete
application for an Approval together with any fees permitted under Article 5 and required by
City in accordance with Applicable Law, City shall use its best efforts to commence and
complete promptly and diligently all steps necessary to act on the application. Avila Ranch
promptly shall provide to City all information reasonably requested by City for its consideration
of any such application.
Section 8.01. 2. Applicable Law. Except as otherwise specifically provided in this Article 8, all
applications for Approvals submitted by Avila Ranch shall be considered by City in accordance
with Applicable Law. To the extent an approval would amend Applicable Law as set forth in
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Section 4.01.1, the aspect of Applicable Law to be amended by the approval shall not apply to
the City's consideration of the application.
Section 8.02. General Plan and AASP Amendments. The parties anticipate that Avila Ranch may
request amendments to the General Plan or the AASP to respond to changing circumstances and
conditions. City is not obligated to approve any such application and may, in the exercise of its
legislative discretion, approve, deny or propose conditions or modifications thereto, including
conditions or modifications that might otherwise be prohibited by the vested rights provided by
this Development Agreement. Avila Ranch shall be afforded a reasonable opportunity to review
any such proposed conditions and modifications and to withdraw its application for a General
Plan amendment or AASP amendment (in which case neither Avila Ranch's proposed
amendments nor the City's proposed modifications shall become effective).
Section 8.03. CEQA Compliance.
Section 8.03.01. MMRP Application. When conducting an environmental review of any
application for an Approval, City shall review the Mitigation Monitoring and Reporting Program
adopted in connection with the Development Plan and Avila Ranch EIR (the "MMRP") to
determine if any mitigation measure contained in the MMRP as to the portion of the Property
subject to this Development Agreement should be incorporated into the design of, or added as a
condition of approval to, such Approval.
Section 8.04. Life of Approvals. Any Approval issued by City, including vesting maps as
defined in Section 8.05 below, shall continue in effect without expiration until the later of. (i) the
expiration or earlier termination of this Development Agreement or (ii) the date upon which such
Approval would otherwise expire under the laws of the State of California.
Section 8.05. Vesting Maps. The ordinances, standards and policies applicable to any vesting
tentative map, vesting parcel map, vesting subdivision map or any other type of vesting map
Vesting Map'.') under California Government Code section 66474.2, and the ordinances,
policies and standards vested under any Vesting Map pursuant to California Government Code
section 66498.1(b) shall be those established as Applicable Law under this Agreement. If this
Development Agreement terminates before the expiration of any Vesting Map or the vested rights
provided thereby, such termination of this Development Agreement shall not affect Avila
Ranch's right to proceed with development under such Vesting Map in accordance with the
ordinances, policies and standards so vested under the Vesting Map. Notwithstanding the
foregoing, no Vesting Map shall extend Applicable Law beyond the stated term of this
Development Agreement (and the rules, regulations and official policies of City applicable to
that portion of the Property covered by such Vesting Map shall become those in effect as of the
expiration of such term) except as otherwise agreed by City and Avila Ranch; provided, however,
that City and Avila Ranch may agree to an extension of the term of this Development Agreement
with respect to the area covered by any such Vesting Map.
Section 8.06. Need for Flexibility. The provisions of this Development Agreement require a
close degree of cooperation between the City and Developer. Implementation of the Project may
require minor modifications of the details of the Development Plan and affect the performance of
the Parties to this Development Agreement. The anticipated refinements of the Project and the
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development of the Property may require that appropriate clarifications and refinements are
made to this Development Agreement and the Entitlements with respect to the details of the
performance of the City and the Developer. The Parties desire to retain a certain degree of
flexibility with respect to those items covered in general terms under this Development
Agreement.
ARTICLE 9. AMENDMENTS
Section 9.01. Amendments of Agreement.
Section 9.01.1. General. This Development Agreement maybe amended from time to time only
upon the mutual written consent of City and Avila Ranch and in compliance with section
17.94.190 of the City's zoning ordinance; provided, however, that in connection with the transfer
of any portion of Avila Ranch's Rights and/or Obligations under this Development Agreement to
another person, entity, or organization pursuant to the provisions of Article 13 below, Avila
Ranch, such transferee and City may agree that the signature of such transferee may be required
to amend this Development Agreement insofar as such amendment would materially alter the
Rights and/or Obligations of such transferee hereunder. In no event shall the signature or consent
of any "Non -Assuming Transferee" (as defined in Section 13.03 below) be required to amend
this Agreement.
Section 9.01. 2. Future Approvals Do Not Require Amendments to Agreement. Except as the
Parties may otherwise agree, no amendment of this Development Agreement shall be required in
connection with the issuance of any Approval, or an amendment to the MMRP. Any Approval
issued after the Effective Date as to a portion of the Property shall be incorporated automatically
into this Development Agreement and vested hereby. City shall not, however, amend or issue
any Approval unless Avila Ranch requests such an amendment or issuance from City unless
otherwise permitted by this Agreement.
ARTICLE 10. ANNUAL REVIEW
Section 10.01. Annual Review
a) The Community Development Director shall annually and concurrently conduct
i) the MMRP Evaluation as set forth in Section 11.01; and (ii) the Development
Agreement Review as set forth in Section 11.02 (collectively, the "Annual
Review"). With respect to the MMRP Evaluation, if the Community Development
Director determines that mitigation measures adopted by City in connection with
its approval of the AASP and the Zoning are not being implemented as set forth in
the MMRP, the Community Development Director shall take any appropriate
remedial action as described in Section 11.01 below. Further, the Community
Development Director shall incorporate the results of the MMRP Evaluation into
the review of any applications for Approvals that are submitted following
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b) Other Investigations and Evaluations. City may from time to time, whether or not
as a part of an Annual Review, investigate or evaluate any matter that is properly
the subject of an Annual Review.
ARTICLE 11. MITIGATION MONITORING AND REPORTING PROGRAM
EVALUATION; DEVELOPMENT AGREEMENT REVIEW
Section 11.01. Mitigation Monitoring and Reporting Program Evaluation.
Section 11.01.1. In General. During its Annual Review, City shall evaluate (the "MMRP
Evaluation") whether the mitigation measures adopted by City in connection with its approval of
the AASP and the Zoning are being implemented as set forth in the MMRP as to the Property.
Section 11.01. 2. MMRP Implementation. As set forth in the MMRP, City shall consider
in connection with any application for an Approval the extent to which mitigation measures
described in the MMRP should be incorporated into the design of the project under consideration
or set forth in conditions to the City's approval of the application. During an MMRP Evaluation,
the City shall evaluate its overall success over the prior year in implementing such mitigation
measures, as set forth above, and consider any additional steps that may be appropriate to ensure,
as Approvals are considered over the following year, successful implementation of such
mitigation measures (including, in particular, mitigation measures that are the responsibility of
City or other agencies with regulatory authority over the Project).
Section 11.01.03. Enforcement. Avila Ranch shall be responsible only for those
mitigation measures the City requires to be incorporated into the design of the Project, including
those that are attached as conditions to any Approval. Failure to comply with any such design
requirement or any condition of approval shall be enforced in any manner authorized by
Applicable Law.
Section 11.02. Development Agreement Review
Section 11.02.01. In General. The Community Development Director shall review this
Development Agreement annually as required by section 17.94.200 of the City's zoning
ordinance (the "Development Agreement Review"). The Development Agreement Review shall
be conducted concurrently with MMRP Evaluation, pursuant to Article 10 above and this Section
11.02. In connection with the Development Agreement Review, Avila Ranch shall provide
information as reasonably requested by City.
Section 11.02.02. Director's Findings of Compliance. If the Community Development
Director finds good faith compliance by Avila Ranch with this Agreement, the Community
Development Director shall issue a "Finding of Development Agreement Compliance," which
shall be in recordable form and may be recorded by Avila Ranch or any "Mortgagee" (as defined
in Section 14.01 below). Issuance of a Finding of Development Agreement Compliance and
expiration of the appeal period specified below without appeal, or confirmation by the City
Council of the issuance of the Finding of Development Agreement Compliance upon such
appeal, shall finally determine the Development Agreement Review for the applicable period.
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Section 11.02.03. Finding of Development Agreement Noncompliance. If the
Community Development Director finds that Avila Ranch and/or a Transferee has not complied
in good faith with this Agreement, the Community Development Director shall proceed as
specified in section 17.94.200 of the City's zoning ordinance.
ARTICLE 12. DEFAULT, REMEDIES, TERMINATION OF DEVELOPMENT
AGREEMENT
Section 12.01. Defaults.
Section 12.01.1. Notice and Cure.
a) Any failure by a Party to perform any term or provision of this Development
Agreement, which failure continues uncured for 60 days following written notice
of such failure from the other Party (unless such period is extended by written
mutual consent), shall constitute a default under this Development Agreement.
Any such notice shall specify the nature of the alleged failure and, where
appropriate, how such alleged failure may be cured. If the nature of the alleged
failure is such that it cannot reasonably be cured within 60 days, then
commencement of the cure within that time, and diligent prosecution to
completion of the cure thereafter, shall be timely. If the alleged failure is cured,
then no default shall exist and the noticing Party shall take no further action and
acknowledge the cure in writing to the other Party. If the alleged failure is not
cured, then a default shall exist under this Development Agreement and the
noticing Party may exercise any of the remedies available under Sections 12.02
through 12.04 below.
b) No failure or delay in giving notice of default shall constitute a waiver of default;
provided, however, that the provision of notice and opportunity to cure is a
prerequisite to the enforcement or correction of any default.
Section 12. 01.2. Actions during Cure Period.
a) During any cure period specified under Section 12.01.1 and before delivery of a
notice of failure or default, the Party charged shall not be considered in default of
this Development Agreement. If there is a dispute as to the existence of a default,
the Parties shall otherwise continue to perform their obligations hereunder, to the
maximum extent practicable in light of the disputed matter, pending its resolution
or formal termination of the Development Agreement.
b) City shall continue to process in good faith applications for Approvals during any
cure period, but need not approve any such application if it relates to a
development project as to which there is an alleged default hereunder.
Section 12.02. Remedies of Non -Defaulting Party.
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Section 12.02.01. In General. If any Party is in default under the terms of this
Development Agreement, the non -defaulting Party may elect, in its sole and absolute discretion,
to pursue any of the following courses of action: (i) waive such default; (ii) in City's case, pursue
administrative remedies as provided in Section 12.02.3 below, (iii) pursue judicial remedies as
provided for in Section 12.02.4 below; and/or (iii) terminate this Development Agreement as and
to the extent permitted by Section 12.04 below and consistently with section 17.94.210 and
17.94.220 of the City's zoning ordinance. In no event shall City modify this Development
Agreement as a result of a default by a defaulting Party except in accordance with the provisions
of Section 9.01 above.
Section 12.02.2. Severability of Default. City acknowledges that the development of the
Project may be carried out by more than one person, entity or organization under this
Development Agreement (e.g., portions of Avila Ranch's interest in the Property and this
Development Agreement may be transferred to another person, entity or organization, a
Transferee" under Article 13 below). Accordingly, (i) if City determines to terminate or
exercise any other remedy under this Development Agreement due to a default by Avila Ranch
or any Transferee (hereinafter "Defaulting Developer"), such termination or other remedy shall
apply only with respect to the Rights and Obligations of such Defaulting Developer, (ii) City
shall, to the extent possible, refrain from seeking any termination of this Development
Agreement or other remedy if such remedy would affect materially the ability of a non -
defaulting Developer and / or a Transferee (hereinafter "Non -Defaulting Developer") to realize
the Rights provided hereunder, and (iii) any termination of this Development Agreement as to
any Defaulting Developer shall be deemed to terminate only those Rights and Obligations arising
hereunder between City and such Defaulting Developer. The Parties acknowledge and agree that,
in accordance with Article 13 below, more than one Transferee may be responsible for certain
actions required or forbidden by this Development Agreement, and that more than one
Transferee therefore may be in default with respect thereto. The Parties further acknowledge and
agree that, notwithstanding the provisions of (ii) in this Section above, in certain instances it may
not be possible for City to exercise remedies against the Defaulting Developer of one portion of
the Project without affecting in some way a Non -Defaulting Developer of the same or of some
other portion of the Project.
Section 12.02.3. Administrative Remedies. Except as otherwise specifically stated in this
Development Agreement, City may exercise any and all administrative remedies to the extent
necessary or appropriate to secure compliance with this Development Agreement. Such
administrative remedies may include, among others, withholding building permits, certificates of
occupancy or other Approvals relating to that portion of the Project in default of this
Development Agreement.
Section 12.02.04. Judicial Remedies. Except as otherwise specifically stated in this
Development Agreement, either Party may, in addition to any other rights or remedies, institute
legal action to cure, correct, or remedy any default, enforce any covenant or agreement herein,
enjoin any threatened or attempted violation hereof, enforce by specific performance the
Obligations and Rights of the Parties hereto or obtain any other remedy consistent with this
Development Agreement; provided, however, that in no event shall any person be entitled
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hereunder to monetary damages for any cause, including breach of contract by a Party to this
Development Agreement provided, however, that City may enforce payment obligations under
Applicable Law, including this Development Agreement. Nothing in this section shall be deemed
to limit either Party's rights under the Government Claims Act, California Government Code
section 810 et seq. For purposes of instituting a legal action under this Agreement, any City
Council determination under this Development Agreement shall be deemed final agency action
unless expressly stated otherwise.
Section 12.03. Termination Due to Default.
Section 12.03.1. In General. Either Party may terminate this Development Agreement
pursuant to Section 12.03.2 below and sections 17.94.190-17.94.220 of the City's zoning
ordinance in the event of a default by the other Party, provided: (i) such default is prejudicial to
the interests of the non -defaulting Party and is neither minor nor technical and (ii) in the case of
any termination by City, City first shall have exercised any and all administrative or other
remedies short of filing suit available to secure Avila Ranch's compliance with this Development
Agreement. Notwithstanding clause (ii) of this Section 12.03.1, City shall not be required, as a
prerequisite to initiating the termination of this Development Agreement, to exercise its
administrative and other non judicial remedies for more than 180 days or, if the Parties are
making reasonable progress towards resolution of the matter claimed to be a default hereunder,
such longer period to which the Parties may agree. Termination of this Development Agreement
by Avila Ranch or a Transferee as to any portion or portions of the Property shall not affect the
Rights or Obligations of Avila Ranch or any other Transferee as to any other portion or portions
of the Property.
Section 12.03.2. Procedures for Termination.
a) Before any proposed termination of this Development Agreement pursuant to this
Section 12.03, and following the 180 -day period specified in Section 12.03.1
above to the extent applicable, a non -defaulting Party intending to seek
termination of this Development Agreement shall deliver to the defaulting Party
or Parties) a written "Preliminary Notice of Intent to Terminate" this
Development Agreement, and all Parties shall meet and confer in good faith effort
to agree upon an alternative to termination that will afford the non -defaulting
Party the benefit of its bargain in this Development Agreement. If those
discussions are not successful in resolving the dispute, the non -defaulting Party
desiring to terminate this Development Agreement shall deliver to the defaulting
Party a written "Final Notice of Intent to Terminate" this Development
Agreement.
b) Within 60 days after the City delivers a Final Notice of Intent to Terminate to a
defaulting Party, the City Council shall review the matter as set forth in California
Government Code sections 65865, 65867, and 65868 and sections 17.94.210-
17.94.220 of the City's zoning ordinance. Termination shall be effective 30 days
after such City Council review, unless the default is sooner resolved to the mutual
satisfaction of the Parties.
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c) Within 60 days after Avila Ranch delivers a Final Notice of Intent to Terminate to
City, the City Council shall consider whether City should take any further
curative action. Termination shall be effective 30 days following such City
Council consideration (or 90 days following delivery by Avila Ranch of a Final
Notice of Intent to Terminate if the City Council fails to complete its
consideration by that date), unless the default is sooner resolved to the mutual
satisfaction of the Parties.
ARTICLE 13. ASSIGNMENT, TRANSFER AND NOTICE
Section 13.01. Assignment of Interests, Rights and Obligations. Avila Ranch may transfer or
assign ("Transfer") all or any portion of its Rights and Obligations under this Development
Agreement as to any portion of the Property (the "Transferred Property") to any person acquiring
an interest in such Transferred Property, including, without limitation, purchasers or ground
lessees of lots, parcels or facilities on such portion of the Property (a "Transferee"). Any such
Transfer shall relieve the transferring party (a "Transferor") of any and all Rights and
Obligations under this Development Agreement insofar as they pertain to the Transferred
Property, as provided in this Article 13.
Section 13.02. Transfers In General.
Section 13.02.1. In General. In connection with any Transfer of all or any portion of the
Project or the Property, other than a transfer or assignment to a "Non -Assuming Transferee" as
described in Section 13.03 below, or a "Mortgagee" as defined in Section 14.01 below, the
Transferor and the Transferee may enter into a written agreement regarding their respective
Rights and Obligations in and under this Development Agreement (a "Transfer Agreement").
Any such Transfer Agreement may contain provisions: (i) releasing the Transferor from any
Rights and Obligations under this Development Agreement that relate to the Transferred
Property, provided the Transferee expressly assumes all such Rights and Obligations,
ii) transferring to the Transferee rights to improve the portion of the Property transferred and
any other Rights and Obligations of the Transferor arising under this Agreement, and
iii) addressing any other matter deemed necessary or appropriate in connection with the
Transfer.
Section 13.02.02. City Review of Release Provisions.
a) A Transferor shall have the right, but not the obligation, to seek City's consent to
those provisions of any Transfer Agreement purporting to release such Transferor
from any Rights and Obligations arising under this Development Agreement (the
Release Provisions"). If a Transferor fails to seek City's consent or City does not
consent to any such Release Provisions, then such Transferor may nevertheless
transfer to the Transferee any and all Rights and Obligations of such Transferor
arising under this Development Agreement (as described in Section 13.02.1,
clauses (i) and (ii) above) but, with respect to City, shall not be released from
those Rights and Obligations described in the Release Provisions to which City
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has not consented. If City consents to any Release Provisions, then: (i) the
Transferor shall be free from any and all Rights and Obligations accruing on or
after the date of the Transfer with respect to those Rights and Obligations
described in such Release Provisions and (ii) no default hereunder by Transferee
with respect to any Rights and Obligations from which the Transferor has been
released shall be attributed to the Transferor. City may consent, or conditionally
consent, to all, none, or some of the Release Provisions.
b) City shall review and consider promptly, reasonably and in good faith any request
by a Transferor for City's consent to any Release Provisions. City's consent to
any such Release Provisions may be withheld only if. (i) reliable evidence
supports a conclusion that the Transferee will be unable to perform the Rights and
Obligations proposed to be assumed by the Transferee pursuant to the Transfer
Agreement, (ii) the Rights and Obligations are not reasonably allocable among
particular portions of the Project and Property, such as the Transferred Property,
iii) the Transferor or Transferee fails to provide acceptable security, as and if
reasonably requested by City, to ensure the performance of the Rights and
Obligations proposed to be assumed by the Transferee pursuant to the Transfer
Agreement, or (iv) the Transferor or Transferee fail to provide information
reasonably requested by the City to assist it in making the determinations
described in this paragraph. In no event shall City unreasonably withhold consent
to any Release Provisions. City shall respond within 30 days to any request by a
Transferor for consent to any Release Provisions.
c) Subject to the provisions of subsection (b) above, because and to the extent
certain obligations arising under this Development Agreement may not
reasonably be allocable among portions of the Project, City may refuse to release
the Transferor of one portion of the Project from such Rights and Obligations
under this Development Agreement even though the Rights and Obligations are
being or have been assumed by the Transferee of some other portion of the
Project.
Section 13.03. Non -Assuming Transferees. Except as otherwise required by a Transferor, the
Obligations of a Transferor shall not apply to any purchaser of any property that has been
established as a single legal parcel for nonresidential use that does not require any further on-site
or off-site infrastructure. The Transferee in such a transaction and the successors and assigns of
such a Transferee ("Non -Assuming Transferees") shall be deemed to have no Obligations under
this Agreement, but shall continue to benefit from the Rights provided by this Development
Agreement for the duration of its term. Nothing in this section shall exempt any Non Assuming
Transferee from the payment of applicable fees, taxes and assessments or from having to comply
with applicable conditions of an Approval or with Applicable Law.
ARTICLE 14. MORTGAGEE PROTECTION
Section 14.01. In General. The provisions of this Development Agreement shall not limit Avila
Ranch's right to encumber the Property or any portion thereof, or any improvement thereon by
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any mortgage, deed of trust or other device securing financing with respect to such portion. City
acknowledges that lenders providing such financing and other "Mortgagees" (defined below)
may require certain interpretations and modifications of this Development Agreement and agrees
upon request, from time to time, to meet with Avila Ranch and representatives of such lenders to
negotiate in good faith any such request for an interpretation or modification. City shall not
unreasonably withhold its consent to any such requested interpretation or modification provided
such interpretation or modification is consistent with the intent and purposes of this Agreement.
Any person holding a mortgage, deed of trust or other security instrument on all or any portion of
the Property made in good faith and for value (each, a "Mortgagee"), shall be entitled to the
rights and privileges of this Article 14.
Section 14.02. Impairment of Mortgage or Deed of Trust. Except as otherwise specifically stated
in the terms of any security instrument held by a Mortgagee, no default under this Development
Agreement shall defeat, render invalid, diminish, or impair the lien of any mortgage or deed of
trust on the Property made, or other interest in the Property acquired, by any Mortgagee in good
faith and for value.
Section 14.03. Notice of Default to Mortgagee. If a Mortgagee has submitted a written request
to City as specified herein for notice, City shall use its best efforts to provide to such Mortgagee
written notification of any failure or default by Avila Ranch in the performance of Avila Ranch's
obligations under this Agreement, which notification shall be provided to such Mortgagee when
such notification is delivered to Avila Ranch.
Section 14.04. Right of Mortgagee to Cure. Any Mortgagee shall have the right, but not the
obligation, to cure any failure or default by Avila Ranch during the cure period allowed Avila
Ranch under this Agreement, plus an additional 90 days if, to cure such failure or default, the
Mortgagee must obtain possession of the property as by seeking appointment of a receiver or
other legal process. Any Mortgagee that undertakes to cure any such failure or default shall
provide written notice to City of that fact; provided that no initiation of any such efforts by a
Mortgagee shall obligate such Mortgagee to complete or succeed in any such curative efforts.
Section 14.05. Liability for Past Defaults or Obligations. Subject to the foregoing, any
Mortgagee, including the successful bidder at a foreclosure sale, who comes into possession of
the Project or the Property or any part thereof, shall take such property subject to the Rights and
Obligations of this Development Agreement and in no event shall any such property be released
from any Obligations. Nothing in this Article 14 shall prevent City from exercising any remedy it
may have for a default under this Development Agreement; provided, however, that in no event
shall such Mortgagee be liable personally for any defaults or monetary obligations of Avila
Ranch arising before such Mortgagee acquires or possesses such property.
ARTICLE 15. GENERAL PROVISIONS
Section 15.01. Incorporation of Recitals and Exhibits. The Recitals set forth above and the
Exhibits A—J attached hereto are incorporated herein as though set forth in full.
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Section 15.02. Project is a Private Undertaking. The development Avila Ranch proposes to
undertake is a private development, and Avila Ranch shall exercise full dominion and control
over the Project subject only to Avila Ranch's limitations and Obligations contained in this
Agreement.
Section 15.03. Cooperation in the Event of Legal Challenge.
Section 15.03.1. In General. If any person not party to this Development Agreement
institutes any administrative, legal or equitable action or other proceeding challenging the
validity of any provision of this Agreement, any Approval or the sufficiency of any review of
this Development Agreement or any Approval under CEQA (each a "Third Party Challenge"),
the Parties promptly shall meet and confer as to the most appropriate response to such Third
Party Challenge; provided, however, that any such response shall be consistent with Sections
15.03.2 and 15.03.3 below.
Section 15.03.2. Tender to and Conduct of Defense by Avila Ranch. City shall tender the
complete defense of any Third Party Challenge to Avila Ranch, and upon acceptance of such
tender by Avila Ranch: (i) Avila Ranch shall indemnify City against any and all fees and costs
arising out of the defense of such Third Party Challenge; and (ii) Avila Ranch shall control the
defense and/or settlement of such Third Party Challenge and may take any and all actions it
deems necessary and appropriate in its sole discretion in connection therewith; provided,
however, that Avila Ranch shall seek and secure City's consent to any settlement of such Third
Party Challenge, which consent shall not unreasonably be withheld or delayed.
Section 15.03.03. Defense by City. If Avila Ranch should fail to accept City's tender of
defense as set forth in Section 15.03.2 above, City shall defend such Third Party Challenge and
control the defense and/or settlement of such Third Party Challenge as City decides (in its sole
discretion), and City may take any and all actions it deems necessary and appropriate (in its sole
discretion) in connection therewith; provided, however, that City shall seek and secure Avila
Ranch's consent to any settlement of such Third Party Challenge, which consent shall not
unreasonably be withheld or delayed. Avila Ranch shall indemnify City against any and all fees
and costs arising out of the City's defense of such Third Party Challenge. Notwithstanding the
foregoing, if Avila Ranch determines for any reason that it no longer intends to develop the
Project, then it may deliver notice of such determination to City and shall not be liable for any
defense costs incurred by City more than 90 days following the delivery of such notice.
Section 15.04. Defense and Indemnity. Avila Ranch shall defend and indemnify City from and
against any and all damages, claims, costs and liabilities arising out of the personal injury or
death of any person, or damage to the property of any person, to the extent such damages,
claims, costs or liabilities result from the construction of the Project by Avila Ranch or by Avila
Ranch's contractors, subcontractors, agents or employees, except as caused by the negligence or
willful misconduct of City, its officers, employees, contractors, consultants or agents. Nothing in
this Section 15.04 shall be construed to mean that Avila Ranch shall defend or indemnify City
from or against any damages, claims, costs or liabilities arising from, or alleged to arise from,
activities associated with the maintenance or repair by City or any other public agency of
improvements that have been offered for dedication and accepted by City or such other public
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agency. City and Avila Ranch may from time to time enter into subdivision improvement
agreements, as authorized by the Subdivision Map Act, which agreements may include defense
and indemnity provisions different from those contained in this Section 15.04. If any conflict
appears between such provisions in any such subdivision improvement agreement and the
provisions set forth above, the provisions of such subdivision improvement agreement shall
prevail.
Section 15.05. Governing Law; Attorneys' Fees. This Development Agreement shall be
construed and enforced in accordance with the laws of the State of California. Venue for any
dispute arising under this Agreement lies in the county of San Luis Obispo and Avila Ranch
hereby consents to personal jurisdiction there for that purpose. The Parties will cooperate to
facilitate venue for any Third Party Challenge set forth in Section 15.03 above in San Luis
Obispo County. Should any legal action be brought by either Party because of any default under
this Development Agreement, to enforce any provision of this Development Agreement, or to
obtain a declaration of rights hereunder, the prevailing Party shall be entitled to such reasonable
and actual attorneys' fees, and costs as may be fixed by the Court. The standard of review for
determining whether a default has occurred under this Development Agreement shall be the
standard generally applicable to contractual obligations in California. The terms and provisions
of this Section 15.05 shall survive any termination of this Agreement.
Section 15.06. Force Majeure. Performance by any Party of its Obligations hereunder shall be
excused during any period of "Permitted Delay" as hereinafter defined. For purposes hereof,
Permitted Delay shall include delay beyond the reasonable control of the Party claiming the
delay (and despite the good faith efforts of such Party) including, but not limited to: (i) acts of
God, (ii) civil commotion and acts of terrorism, (iii) riots, (iv) strikes, picketing or other labor
disputes, (v) shortages of materials or supplies, (vi) damage to work in progress by reason of fire,
floods, earthquake or other casualties, (vii) failure, delay or inability of the other Party to act,
viii) as to Avila Ranch only, the failure, delay or inability of City to provide adequate levels of
public services, facilities or infrastructure to the Property, (ix) as to City only, with respect to
completion of the Annual Review or processing applications for Approvals, the failure, delay or
inability of Avila Ranch to provide adequate information or substantiation as reasonably required
to complete the Annual Review or process applications for Approvals; (x) delay caused by
restrictions imposed or mandated by governmental entities other than the City; (xi) enactment of
conflicting state or federal laws or regulations, (xii) judicial decisions or similar legal incapacity
to perform, and (xiii) litigation brought by a third party attacking the validity of this
Development Agreement. Any Party claiming a Permitted Delay shall notify the other Party (or
Parties) in writing of such delay within 30 days after the commencement of the delay, which
notice ("Permitted Delay Notice") shall include the estimated length of the Permitted Delay. A
Permitted Delay shall be deemed to occur for the time set forth in the Permitted Delay Notice
unless a Party receiving the Permitted Delay Notice objects in writing within 10 days after
receiving the Permitted Delay Notice. Upon such an objection, the Parties shall meet and confer
within 30 days after the date of the objection in a good faith effort to resolve their disagreement
as to the existence and length of the Permitted Delay. If no mutually acceptable solution can be
reached, either Party may take action as may be permitted under Article 12 above.
Section 15.07. Waiver
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Section 15.07. 1. Legal Rights. Avila Ranch acknowledges and agrees that the terms and
provisions of this Development Agreement specifically permit City in some instances to impose
requirements upon the Project that City would not otherwise be able to impose due to a lack of
nexus, rough proportionality or reasonable relationship between the Project and such requirement
or other reasons. To the extent any such requirement is imposed by City upon the Project
consistently with the terms and provisions of this Agreement, Avila Ranch waives any right to
challenge judicially the imposition of such requirement by City. Except as otherwise provided in
this Section 15.07.1, City shall comply with Applicable Law.
Section 15.07.2. Other Rights. While Section 15.07.1 prohibits Avila Ranch from
challenging judicially certain City requirements imposed consistently with this Agreement,
nothing in this Development Agreement shall be deemed to abrogate or limit, nor be deemed to
be a waiver by Avila Ranch of, any right of Avila Ranch (whether arising under the United States
Constitution, the California Constitution or otherwise) to request City to refrain from imposing
upon Avila Ranch, the Project or the Property any requirement that this Development Agreement
permits City so to impose or otherwise petition City with respect to any matter related to the
Project or the Property.
Section 15.08. Notices. Any notice or communication required hereunder between the Parties
must be in writing, and may be given either personally, by facsimile (with original forwarded
promptly by regular U.S. Mail) or by Federal Express or other similar courier promising
overnight delivery. If personally delivered, a notice or communication shall be deemed to be
given and received when delivered to the Party to whom it is addressed. If given by facsimile
transmission, a notice or communication shall be deemed to be given and received upon receipt
of the entire document by the receiving Party's facsimile machine. Notices transmitted by
facsimile after 5:00 p.m. on a business day or on a Saturday, Sunday or holiday shall be deemed
to have been given and received on the next business day. If given by Federal Express or similar
courier, a notice or communication shall be deemed to be given and received when delivered as
shown on a receipt issued by the courier. Such notices or communications shall be given to the
Parties at their addresses set forth below:
If to City to: City Manager
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
Telecopy/Facsimile: (805) 781-7109
With a courtesy copy to: City Attorney
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 95330
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If to Avila Ranch to: Avila Ranch, LLC
C/O Andy Mangano, Managing Member
3596 South Broad Street, Suite 140
With a courtesy copy to: Meyers Nave
Attn: Jon Goetz
707 Wilshire Blvd., 24th Floor
Los Angeles, CA 90017
Telecopy/Facsimile: (213) 626-2906
Any Party may at any time, change its address or facsimile number for notice by giving 10 days'
written notice to the other.
Section 15.09. No Joint Venture or Partnership. Nothing in this Development Agreement or in
any document executed in connection with it shall be construed as creating a joint venture,
partnership or any agency relationship between City and Avila Ranch. City shall have no
responsibility for public improvements unless and until they are accepted by City in the manner
required by law.
Section 15.10. Severability. If any provision of this Development Agreement is held invalid,
void or unenforceable but the remainder of this Development Agreement can be enforced
without failure of material consideration to any Party, then this Development Agreement shall
not be affected and shall remain in full force and effect, unless amended by mutual consent of the
Parties.
Section 15.11. Estoppel Certificate. Any Party and any Mortgagee may, at any time, and from
time to time, deliver written notice to the other Party or Parties requesting such Party or Parties
to certify in writing that, to the knowledge of the certifying Party: (i) this Development
Agreement is in full force and effect and a binding obligation of the Parties, (ii) this
Development Agreement has not been amended or modified either orally or in writing, and if so
amended, identifying the amendments, and (iii) as of the date of the last Annual Review, the
requesting Party (or any Party specified by a Mortgagee) is not in default in the performance of
its obligations under this Agreement, or if in default, to describe therein the nature and amount of
any such defaults. A Party receiving a request hereunder shall execute and return such certificate
or give a written, detailed response explaining why it will not do so within 30 days of receipt of a
request. Each Party acknowledges that such a certificate may be relied upon by third parties
acting in good faith. A certificate provided by City establishing the status of this Development
Agreement shall be in recordable form and may be recorded at the expense of the recording
Party.
Section 15. 12. Further Assurances. Each Party shall execute and deliver to the other Party or
Parties all such other further instruments and documents and take all such further actions as may
be reasonably necessary to carry out this Development Agreement and the Approvals and to
provide and secure to the other Party or Parties the full and complete enjoyment of its Rights
hereunder.
Section 15.13. Construction.
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a) All Parties have been represented by counsel in the preparation of this
Development Agreement and no presumption or rule that ambiguity shall be
construed against a drafting party shall apply to its interpretation or enforcement.
Captions on sections and subsections are provided for convenience only and shall
not be deemed to limit, amend or affect the meaning of the provision to which
they pertain. If any conflict appears between this Development Agreement and the
rules, regulations or official policies of City, the provisions of this Development
Agreement shall prevail and be deemed to have amended any such conflicting
rules, regulation or official policy as of the Effective Date.
b) The Parties intend this Development Agreement to be consistent with the
requirements of Chapter 17.94 of the City's zoning ordinance and it shall be
construed consistently with that intent. Should any conflict arise between this
Agreement and that Chapter 17.94 as it exists on the Effective Date, that Chapter
17.94 shall control.
Section 15.14. Other Miscellaneous Terms. In construing this Agreement, the singular includes
the plural; the masculine gender includes the feminine and the neuter; "shall" is mandatory;
may" is permissive.
Section 15.15. Counterpart Execution. This Development Agreement may be executed in any
number of counterparts and shall be deemed duly executed when each of the Parties has executed
such a counterpart.
Section 15.16. Time. Time is of the essence of each and every provision of this Agreement.
Section 15.17. Good Faith/Fair Dealing. The Parties agree that a covenant of good faith and fair
dealing shall apply to all actions of the Parties. As used herein, this covenant shall mean that the
Parties shall act reasonably, and no Party shall do anything which shall have the effect of
destroying or injuring the rights of any other Party to receive the benefit of its bargain in this
Agreement. Nothing in this Section 15.17 shall detract from the principle of Section 12.02.4 that
neither Party shall be entitled to damages for breach of this Agreement.
Section 15.18. Exhibits.
List of Exhibits:
A — Avila Ranch SP Site Plan
B — Legal Description
C — Financing Plan
D — Phasing Plan
E-1— Backbone Water Infrastructure
E-2 — Backbone Sewer Infrastructure
E-3 — Backbone Recycled Water Infrastructure
E-4 —Backbone Drainage Infrastructure
F — Figure 5 of Conservation & Open Space Element
G — Affordable/Workforce Housing Plan
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H — Water Improvements
I — Water Well Site Plan
J — Bicycle Improvements
IN WITNESS WHEREOF, the Parties have executed this Development Agreement as
of the Execution Date above.
CITY:
CITY OF SAN LUIS OBISPO, a municipal
corporation
APPROVED AS TO FORM:
AVILA RANCH, LLC:
LOW
Its:
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ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of So'rl LU S SP )
On JQ\fP-Q ;,e -y- ,, 7 V1 before me, Hfai h " SU -/-"re- pukjoUC
insert name and title of the officer)
personally appeared AYnCUTW 7- l ylol 0...A t
who proved to me on the basis of satisfactory evidence to be the persons whose name.W isLerw
subscribed to the within instrument and acknowledged to me that helpheltheq executed the same in
hislberltW authorized capacity, and that by hislperlttlier signature(s)-on the instrument the
person(,); or the entity upon behalf of which the person*acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
HEATHER SUZANNE GooDWIN
Notary Public - California
r San Luis Obispo County
WITNESS my hand and official seal. Commission #2198666
My Comm. Expires Jun 21, 2021
Page 153 of 351
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of San Luis Obispo
On November 6, 2017 before me, Heather Suzanne Goodwin, Notary Public
insert name and title of the officer)
personally appeared Heidi Harmon
who proved to me on the basis of satisfactory evidence to be the person* whose name* islote-
subscribed to the within instrument and acknowledged to me that befshe/U36y executed the same in
3is/her/tW authorized capacity(!PWand that by j Wher/gieir signatureks)-on the instrument the
perso%W, or the entity upon behalf of which the perso"cted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
HEATHER SUZANNE GOODWIN
Notary Public - California
San Luis Obispo CountyWITNESSmyhandandofficial seal. Commission a 2198666
My Comm. Expires Jun 21, 2021
Signature~ SL=R (Seal)
Page 154 of 351
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Page 155 of 351
Exhibit A
Avila Ranch Site Plan
Page 156 of 351
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d r
s
I. ,
r .
nt
wL M.A
Page 157 of 351
Y W
ti
AL:
Page 158 of 351
Exhibit B
Legal Description
Page 159 of 351
3)
LO
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m
Page 160 of 351
Order Number: 4001-4978499 (LI)
Page Number: 7
LEGAL DESCRIPTION
Real property in the City of San Luis Obispo, County of San Luis Obispo, State of California,
described as follows:
PARCEL A: (A.P.N.: 053-259-004)
PARCEL 2 OF THAT CERTAIN CERTIFICATE OF COMPLIANCE N0, COAL 01-0097, RECORDED
APRIL 9, 2003 AS INSTRUMENT NO. 2003-035673 OF OFFICIAL RECORDS, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
ALL THE REAL PROPERTY LOCATED IN THE COUNTY OF SAN LUIS OBISPO, STATE OF
CALIFORNIA, BEING A PORTION OF THE PARCEL DESCRIBED IN DOCUMENT NO. 2000-070932
AND A PORTION OF THE PARCEL DESCRIBED IN DOCUMENT NO. 2000-070933 SHOWN ON THE
MAP RECORDED IN BOOK 81 OF RECORD OF SURVEYS, PAGE 32 IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWESTERN CORNER OF THE PARCEL DESCRIBED IN DOCUMENT
NO. 2000-070931 OF OFFICIAL RECORDS AS SHOWN ON SAID MAP, SAID CORNER ALSO BEING
A POINT ON THE CENTERLINE OF VACHELL LANE AS SHOWN ON SAID MAP;
THENCE IN A SOUTHERN DIRECTION ALONG THE WESTERN LINE OF SAID PARCEL AND SAID
CENTERLINE, SOUTH 00° 00' 11" WEST, 666.37 FEET TO THE MOST WESTERN CORNER
COMMON TO SAID PARCEL AND THE PARCEL DESCRIBED IN DOCUMENT NO. 2000-070930 OF
OFFICIAL RECORDS AS SHOWN ON SAID MAP, SAID COMMON CORNER ALSO BEING ON SAID
CENTERLINE OF VACHELL LANE;
THENCE LEAVING SAID COMMON CORNER AND SAID POINT ON SAID CENTERLINE IN AN
EASTERN DIRECTION ALONG THE LINE COMMON TO SAID PARCELS AS SHOWN ON SAID MAP,
NORTH 890 56'56" EAST, 662.06 FEET TO THE MOST EASTERN CORNER COMMON TO SAID
PARCELS, SAID COMMON CORNER ALSO BEING ON A LINE OF THE PARCEL OF LAND
DESCRIBED IN DOCUMENT NO. 2000-070932 OF OFFICIAL RECORDS AND WITNESSED BY A
5/8" REBAR AND CAP RCE 12545 AS SHOWN ON SAID MAP, SAID COMMON CORNER ON SAID
LINE ALSO BEING THE TRUE POINT OF BEGINNING;
THENCE CONTINUING IN AN EASTERN DIRECTION NORTH 890 58' 55" EAST, 660.52 FEET TO A
POINT ON A LINE COMMON TO SAID PARCEL DESCRIBED IN DOCUMENT NO. 2000-070932 OF
OFFICIAL RECORDS AND THE PARCEL DESCRIBED IN DOCUMENT NO. 2002-070933 OF
OFFICIAL RECORDS AS SHOWN ON SAID MAP, SAID POINT BEING SOUTH 0° 08'06" WEST,
666.27 FEET FROM THE MOST NORTHERN CORNER COMMON TO SAID PARCELS AND BEING
WITNESSED BY 5/8" REBAR AND CAP RCE 12545 AS SHOWN ON SAID MAP;
THENCE CONTINUING IN AN EASTERN DIRECTION NORTH 890 56' 56" EAST, 183.40 FEET;
THENCE IN A SOUTHERN DIRECTION THE FOLLOWING COURSES AND DISTANCES:
SOUTH 000 00' 00" EAST, 470.92 FEET;
SOUTH 410 55'49" WEST, 63.87 FEET;
THENCE IN A WESTERN DIRECTION NORTH 900 00' 00" WEST, 801.27 FEET TO POINT ON A
LINE COMMON TO SAID PARCEL DESCRIBED IN DOCUMENT NO. 2000-070930 OF OFFICIAL
RECORDS AND SAID PARCEL DESCRIBED IN DOCUMENT NO. 2000-070932 OF OFFICIAL
RECORDS AS SHOWN ON SAID MAP;
THENCE IN A NORTHERN DIRECTION ALONG SAID COMMON LINE, NORTH 00° 00' 11" EAST,
518.07 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL A-1:
First American Title
Page 161 of 351
Order Number: 4001-4978499 (LI)
Page Number: 8
AN EASEMENT FOR ACCESS OVER THE NORTHERLY 30 FEET OF PARCEL 1, AS SAID PARCELS
ARE SHOWN DESCRIBED IN CERTIFICATES OF COMPLIANCE'S RECORDED NOVEMBER 29, 2000
AS INSTRUMENT NOS. 2000-070930 AND 070931 OF OFFICIAL RECORDS,
PARCEL B:(APN: 053-259-005)
PARCEL 1 OF THAT CERTAIN CERTIFICATE OF COMPLIANCE NO. COAL 01-0097, RECORDED
APRIL 9, 2003 AS INSTRUMENT NO. 2003-035672 OF OFFICIAL RECORDS, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
ALL THE REAL PROPERTY LOCATED IN THE COUNTY OF SAN LUIS OBISPO, STATE OF
CALIFORNIA, BEING A PORTION OF THE PARCEL DESCRIBED IN DOCUMENT NO. 2000-070932
AND A PORTION OF THE PARCEL DESCRIBED IN DOCUMENT NO. 2000-070933 OF OFFICIAL
RECORDS SHOWN ON THE MAP RECORDED IN BOOK 81 OF RECORD OF SURVEYS, PAGE 32, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWESTERN CORNER OF THE PARCEL DESCRIBED IN DOCUMENT
NO. 2000-070931 OF OFFICIAL RECORDS AS SHOWN ON SAID MAP, SAID CORNER ALSO BEING
A POINT ON THE CENTERLINE OF VACHELL LANE AS SHOWN ON SAID MAP;
THENCE IN A SOUTHERN DIRECTION ALONG THE WESTERN LINE OF SAID PARCEL AND SAID
CENTERLINE, SOUTH 00° 00' 11" WEST, 666.37 FEET TO THE MOST WESTERN CORNER
COMMON TO SAID PARCEL AND THE PARCEL DESCRIBED IN DOCUMENT NO. 2000-070930 OF
OFFICIAL RECORDS AS SHOWN ON SAID MAP, SAID COMMON CORNER ALSO BEING ON SAID
CENTERLINE OF VACHELL LANE;
THENCE LEAVING SAID COMMON CORNER AND SAID POINT ON SAID CENTERLINE IN AN
EASTERN DIRECTION ALONG THE LINE COMMON TO SAID PARCELS AS SHOWN ON SAID MAP,
NORTH 890 56'56" EAST, 662.06 FEET TO THE MOST EASTERN CORNER COMMON TO SAID
PARCELS, SAID COMMON CORNER ALSO BEING ON A LINE OF THE PARCEL OF LAND
DESCRIBED IN DOCUMENT NO. 2000-070932 OF OFFICIAL RECORDS AND WITNESSED BY A
5/8" REBAR AND CAP RCE 12545 AS SHOWN ON SAID MAP;
THENCE CONTINUING IN AN EASTERN DIRECTION NORTH 890 58'55" EAST, 660.52 FEET TO A
POINT ON THE LINE COMMON TO SAID PARCEL OF LAND AND THE PARCEL DESCRIBED IN
DOCUMENT NO. 2000-070933 OF OFFICIAL RECORDS AS SHOWN ON SAID MAP, SAID POINT
BEING SOUTH 00 08' 06" WEST, 666.27 FEET FROM THE MOST NORTHERN CORNER COMMON
TO SAID PARCELS AND BEING WITNESSED BY 5/ 8" REBAR AND CAP RCE 12545 AS SHOWN ON
SAID MAP;
THENCE CONTINUING IN AN EASTERN DIRECTION NORTH 890 56'56" EAST, 183.40 FEET;
THENCE IN A SOUTHERN DIRECTION THE FOLLOWING COURSES AND DISTANCES:
SOUTH 000 00' 00" EAST, 470.92 FEET;
SOUTH 410 55'49" WEST, 63.87 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING IN A SOUTHERN DIRECTION THE FOLLOWING COURSES AND
DISTANCES:
SOUTH 100 13'54" WEST, 296.48 FEET;
SOUTH 510 47'47" WEST, 246.34 FEET;
SOUTH 370 32' 27" WEST, 206.28 FEET;
SOUTH 550 33' 57" WEST, 321.08 FEET;
SOUTH 750 54'21" WEST, 103.88 FEET TO A POINT ON THE SOUTHERN LINE OF PARCEL
DESCRIBED IN DOCUMENT NO. 2000-070932 AS SHOWN ON SAID MAP, SAID POINT ALSO
BEING ON THE CENTERLINE OF BUCKLEY ROAD;
THENCE IN A WESTERN DIRECTION ALONG SAID SOUTHERN LINE AND SAID CENTERLINE,
SOUTH 890 56'32" WEST, 725.86 FEET TO THE SOUTHWESTERN CORNER OF SAID PARCEL,
SAID CORNER ALSO BEING THE CENTERLINE INTERSECTION POINT OF SAID VACHELL LANE
First American Title
Page 162 of 351
Order Number: 4001-4978499 (LI)
Page Number: 9
AND BUCKLEY ROAD AND WITNESSED BY A 5/8" REBAR AND CAP RCE 12545 AS SHOWN ON
SAID MAP;
THENCE LEAVING SAID SOUTHERN LINE AND SAID CENTERLINE INTERSECTION POINT IN A
NORTHERN DIRECTION ALONG THE WESTERN LINE OF SAID PARCEL AND SAID CENTERLINE
OF VACHELL LANE, NORTH 00° 00' 10" EAST, 666.37 FEET TO THE MOST WESTERN CORNER
COMMON WITH SAID PARCEL DESCRIBED IN DOCUMENT NO. 2000-070930 AS SHOWN ON
SAID MAP, SAID COMMON CORNER ALSO BEING ON SAID CENTERLINE OF VACHELL LANE;
THENCE LEAVING SAID COMMON CORNER ON SAID CENTERLINE IN AN EASTERN DIRECTION
ALONG A LINE COMMON TO SAID PARCELS, NORTH 89° 55'51" EAST, 662.06 FEET TO THE
SOUTHEASTERN CORNER OF SAID PARCEL DESCRIBED IN DOCUMENT NO. 2000-070930 AS
SHOWN ON SAID MAP, SAID CORNER BEING COMMON WITH A CORNER OF THE PARCEL OF
LAND DESCRIBED IN DOCUMENT NO. 2000-070932 AND WITNESSED BY A 5/8" REBAR AND
CAP RCE 12545 AS SHOWN ON SAID MAP;
THENCE LEAVING SAID COMMON CORNER IN A NORTHERN DIRECTION ALONG A LINE
COMMON TO SAID PARCELS, NORTH 000 00' 11" EAST, 148.09 FEET TO A POINT, SAID POINT
BEING SOUTH 000 00'11" WEST, 518.07 FEET FROM THE MOST EASTERN CORNER COMMON
TO SAID PARCELS DESCRIBED IN DOCUMENT NO. 2000-070930 AND DOCUMENT NO. 2000-
070931 AS SHOWN ON SAID MAP, SAID COMMON CORNER ALSO BEING ON A LINE OF THE
PARCEL OF LAND DESCRIBED IN DOCUMENT NO. 2000-070932 AND WITNESSED BY A 5/8"
REBAR AND CAP RCE 12545 AS SHOWN ON SAID MAP;
THENCE LEAVING SAID COMMON LINE OF SAID PARCELS, NORTH 90° 00' 00" EAST, 801. 27
FEET TO THE TRUE POINT OF BEGINNING.
PARCEL C:(APN: 053- 259-006)
PARCEL 4 OF THAT CERTAIN CERTIFICATE OF COMPLIANCE NO. COAL 01-0097, RECORDED
APRIL 9, 2003 AS INSTRUMENT NO. 2003-035675 OF OFFICIAL RECORDS, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
ALL THE REAL PROPERTY LOCATED IN THE COUNTY OF SAN LUIS OBISPO, STATE OF
CALIFORNIA BEING A PORTION OF THE PARCEL DESCRIBED IN INSTRUMENT NO. 2000-70932
AND A PORTION OF THE PARCEL DESCRIBED IN DOCUMENT NO. 2000-70933 AS SHOWN ON A
MAP RECORDED IN BOOK 81 OF RECORDS OF SURVEY AT PAGE 32 IN THE OFFICE OF THE
COUNTY CLERK/RECORDER OF SAID COUNTY, AND LOT 27 AND LOT 28 OF THE HARFORD'S
AND CHAPMAN'S SUBDIVISION AS SHOWN ON A MAP RECORDED IN BOOK 76 OF RECORDS OF
SURVEY PAGE 06 IN THE OFFICE OF THE COUNTY CLERK/RECORDER OF SAID COUNTY; BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWESTERN CORNER OF THE PARCEL DESCRIBED IN DOCUMENT
NO. 2000-70931 AS SHOWN ON THE MAP RECORDED IN BOOK 81 OF RECORDS OF SURVEY AT
PAGE 32 IN THE OFFICE OF COUNTY CLERK/ RECORDER OF SAID COUNTY, SAID CORNER ALSO
BEING A POINT ON THE CENTERLINE OF VACHELL LANE AS SHOWN ON SAID MAP; THENCE IN
AN EASTERN DIRECTION ALONG THE NORTHERN LINE OF SAID PARCEL THE FOLLOWING
COURSES AND DISTANCES: N89° 58' 01"E, 562.91 FEET; N89°58'01"E, 99.15 FEET TO THE MOST
NORTHERN CORNER COMMON TO SAID PARCEL AND THE PARCEL OF LAND DESCRIBED IN
DOCUMENT NO. 2000-70932 AND WITNESSED BY A 5/8" REBAR AND CAP RCE 12545 AS
SHOWN ON SAID MAP; THENCE CONTINUING IN AN EASTERN DIRECTION ALONG THE
NORTHERN LINE OF SAID PARCEL DESCRIBED IN DOCUMENT NO. 2000-70932 AS SHOWN ON
SAID MAP THE FOLLOWING COURSES AND DISTANCES: N89158'01"E, 422.12 FEET;
N89059'00"E, 239.94 FEET TO THE MOST NORTHERN CORNER COMMON TO SAID PARCEL AND
THE PARCEL OF LAND DESCRIBED IN DOCUMENT NO. 2000- 70933 AND WITNESSED BY A 5/8"
REBAR AND CAP RCE 12545 AS SHOWN ON SAID MAP, SAID COMMON POINT ALSO BEING THE
TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHERN LINE IN A SOUTHERN
First American Title
Page 163 of 351
Order Number: 4001-4978499 (LI)
Page Number: 10
DIRECTION ALONG A LINE COMMON TO SAID PARCELS, S00008'06"W, 666.27 FEET TO A
POINT, THENCE LEAVING SAID COMMON LINE IN AN EASTERN DIRECTION N89056'56"E 183.40
FEET; THENCE IN A SOUTHERN DIRECTION THE FOLLOWING COURSES AND DISTANCES:
S00°00'00"E, 470.92 FEET; S41155'49"W, 63.87 FEET; S10113'54"W, 296.48 FEET;
S51047'47"W, 246.34 FEET; S37°32'27"W, 206.28 FEET; S55°33'57"W, 321.08 FEET;
S75054'21"W, 103.88 FEET TO A POINT ON THE SOUTHERN LINE OF THE PARCEL DESCRIBED
IN DOCUMENT NO. 2000-70932 AS SHOWN ON SAID MAP, SAID POINT ALSO BEING ON THE
CENTERLINE OF BUCKLEY ROAD; THENCE IN A EASTERN DIRECTION ALONG SAID SOUTHERN
LINE AND SAID CENTERLINE N89056'32"E, 1913.13 FEET TO THE SOUTHEASTERN CORNER OF
SAID PARCEL DESCRIBED IN DOCUMENT NO. 2000-70933 AND WITNESSED BY A 5/ 8" REBAR
AND CAP RCE 12545 AS SHOWN ON SAID MAP, SAID CORNER ALSO BEING COMMON WITH THE
SOUTHWESTERN CORNER OF LOT 28 OF THE HARFORD'S AND CHAPMAN'S SUBDIVISION AND
ON THE CENTERLINE OF BUCKLEY ROAD AS SHOWN ON THE MAP RECORDED IN BOOK 76 OF
RECORDS OF SURVEY AT PAGE 06 IN THE OFFICE OF COUNTY CLERK/RECORDER; THENCE
CONTINUING IN AN EASTERN DIRECTION ALONG THE SOUTHERN LINE OF SAID LOT 28 AND
SAID CENTERLINE OF BUCKLEY ROAD, N89°56'15"E, 1338.18 FEET TO THE SOUTHEASTERN
CORNER OF SAID LOT 28 ON SAID CENTERLINE OF BUCKLEY ROAD AS SHOWN ON SAID MAP;
THENCE LEAVING SAID SOUTHERN LINE OF LOT 28 AND SAID CENTERLINE OF BUCKLEY ROAD
IN A NORTHERN DIRECTION ALONG THE EASTERN LINE OF LOT 28 AS SHOWN ON SAID MAP
THE FOLLOWING COURSES AND DISTANCES: N0010752"W, 679.75 FEET; N00107'50"W, 659.36
FEET TO THE MOST EASTERN CORNER COMMON TO SAID LOT 28 AND LOT 27 OF HARFORD'S
AND CHAPMAN'S SUBDIVISION AS SHOWN ON SAID MAP; THENCE CONTINUING IN A
NORTHERN DIRECTION ALONG THE EASTERN LINE OF LOT 27 AS SHOWN ON SAID MAP
N00008'28"W, 659.15 FEET TO THE NORTHEASTERN CORNER OF LOT 27 AND WITNESSED BY
1-1/4" IRON PIPE LS 3877 AS SHOWN ON SAID MAP; THENCE LEAVING SAID EASTERN LINE OF
LOT 27 IN WESTERN DIRECTION ALONG THE NORTHERN LINE OF LOT 27 AND THE NORTHERN
LINE OF SAID PARCEL OF LAND DESCRIBED IN DOCUMENT NO. 2000-70933 AS SHOWN ON
THE MAP RECORDED IN BOOK 81 OF RECORDS OF SURVEY AT PAGE 32 IN THE OFFICE OF
COUNTY CLERK/RECORDED OF SAID COUNTY THE FOLLOWING COURSES AND DISTANCES:
S89057'07"W, 908.62 FEET; S89°56' 55"W, 54.74 FEET; S89°56'55"W, 268.94 FEET;
S89055'27"W, 323.68 FEET; S89° 54' 15"W, 323.27 FEET; S89° 59' 01"W, 324.32 FEET;
S89055'42"W, 323.55 FEET; S89°59'00"W, 84.04 FEET TO THE TRUE POINT OF BEGINNING.
APN: 053-259-004 and 053-259-005 and 053-259- 006
First American Title
Page 164 of 351
Exhibit C
Financing Plan
Page 165 of 351
11l, hr nllrr717lr ::< r!l i.. Ui!j ( o
Draft Report
Avila Ranch Financing Plan
Prepared for:
City of San Luis Obispo
Prepared by:
Economic & Planning Systems, Inc.
September 1, 2017
Economic & Planning Systems, Inc.
One Kaiser Plaza, Suite 1410
Oakland, CA 94612-3604
510.841.9190 tel
EPS #161181
510.740.2080 Fax
Oakland
Sacramento
Denver
Los Angeles
www.epsys.com
Page 166 of 351
Table of Contents
1. EXECUTIVE SUMMARY............................................................................................ 1
2, AVILA RANCH PROJECT OVERVIEW.......................................................... ................ 4
Avila Ranch Development Plan ................................ ..... ... ................. 4
Project Planning and Regulation................................................................................ 6
3. SERVICES AND IMPROVEMENTS TO BE FUNDED................................................................ 7
Municipal Services.................................................................................................. 7
Infrastructure Improvements.................................................................................... 9
4. FUNDING AND FINANCING SOURCES......................................................................... 11
Avila Ranch Funding Sources ............................................................................. 11
Economic Considerations ................................................................................... 13
5. IMPLEMENTATION MEASURES AND RELATED ACTIONS........................................................ 14
Appendices
APPENDIX A Avila Ranch Services CFD Preliminary Rate Allocation, Local Area
Maintenance and Fiscal Mitigation Combined
APPENDIX B Avila Ranch Infrastructure Cost and Allocation Analysis
List of Tables
Table 1 Sources and Uses of Avila Ranch Infrastructure Financing ...................................... 2
Table 2 Summary of Avila Ranch Services CFD, Preliminary Rate Allocation
at Development Stabilization..............................................................................7
Table 3 Infrastructure Costs by Type of Infrastructure......................................................9
Page 167 of 351
1 o EXECUTIVE SUMMARY
The Avila Ranch Financing Plan (Financing Plan) identifies the municipal services and
infrastructure required to serve the Avila Ranch Project and describes how these will be funded
and/or financed over time. In addition to providing a general description of how required
municipal,, services and infrastructure will be funded, the Financing Plan provides a basis for
financial terms included in the Development Agreement and also for the Community Facilities
District Rate and Method of Apportionment.
The Avila Ranch Project will create a new City neighborhood located at the northeast corner of
Buckley Road and Vachell Lane. The Avila Ranch Development Plan allows up to 720 dwelling
units; a "Town Center" with 15,000 square feet of local -serving retail and office uses; 18 acres of
pocket parks, mini -parks and neighborhood parks; and 53 acres of open space, including riparian
corridors and farmed agricultural land. The Financing Plan addresses how the Avila Ranch Project
will pay for both municipal services and the infrastructure needed as the new neighborhood is
constructed and occupied by new residents and businesses.
Munici al serviceservices include both "Citywide" services and also local area maintenance services
provide by the City within the Project area. Services covered by the Financial Plan include
maintenance responsibilities for bike paths in the County, and fulfillment of airport noise
complaint mitigation agreed to between the Airport Land Use Commission, the project, and
the San Luis Obispo County Airport. The need for special funding for these services is
created, in part, by the Property Tax Sharing Agreement (adopted by the City and the
County in 2008) as a part of the area's annexation to the City that provides no property tax
to the City.
Infrastructure needed for the Avila Ranch includes contributions to Citywide, Specific Plan
and other subarea development impact fee programs, mitigating impacts upon regional (off-
site) infrastructure, and funding "backbone" and subdivision -related improvements within the
Project area.
Funding for recurring municipal services will be derived from municipal taxes, service charges
and fees typically levied by the City augmented by a newly created special tax levied by a Mello -
Roos Community Facilities District (CFD) created for the Project Area.
Funding for infrastructure improvements will be derived from a variety of sources including
direct developer equity investment to build or contribute to building needed infrastructure
improvements. Table 1 presents the "sources and uses" of funding for the range of
infrastructure required.
The key source of infrastructure funding will be "developer equity;" it is estimated that the
developer will invest an estimated $57.0 million directly in project -related infrastructure,
including paying the City's development impact fees, which will be updated as part of the
City's development impact fee update.
Some of the developer's investment in City or region -serving infrastructure will be subject to
private reimbursement from other benefitting properties or potential impact fee crediting
from the City because the developer is either "oversizing" the improvement relative to their
nexus -based "fair share" costs, correcting existing deficiencies, or advancing the
improvement before its actual need. Because Avila Ranch is located on the periphery of the
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City, and timing of development is in advance of other development projects in the area,
existing infrastructure in both the City and County needs significant upgrading to serve the
needs of the Avila Ranch development.
Additionally, Avila Ranch is required to participate in the cost of future cumulative, regional
facilities that the development impacts. Participation in these projects will be through
mitigation fee payments or participation in City impact fee programs.
Table I Sources and Uses of Avila Ranch Infrastructure Financing
Infrastructure Item
TType Descriptionypp
Developer orp
Builder Equity
Funding Source
Developer Equity Community
subject to Credits or Facilities District
Reimbursement Special Taxes
City or Regional
Sources
In -tract Infrastructure Developer builds neighborhood
streets and facilities shown in
Subdivision Map
Backbone Infrastructure Developer builds major
infrastructure serving Specific
Plan Area shown in Subdivision
Map
Regional Infrastructure Nexus -based share of major
infrastructure (EIR Mitigation,
etc.)
Regional Infrastructure Oversizing of major
infrastructure
Citywide or Areawide Fees paid when building permits
Infrastructure included in issued
Development Impact Fee
Programs
The City's (or other development's) share of City or region -serving infrastructure will. be
funded by the City's development impact fees, exactions on other developers, and other City
or regional funding sources.
The Avila Ranch CFD may provide an additional source for developer reimbursement and will
provide for capital replacement over time, while also providing funding for City services.
The preparation of the Financing Plan occurred through a cooperative effort between the
Developer team and City staff and their respective consultants, concurrently with preparation of
the Avila Ranch Development Plan and related entitlement documents including the Project
Environmental Impact Report, the Fiscal Impact Report, the Vesting Tentative Subdivision Map,
Development Plan and the Development Agreement.
As part of the preparation of the Financing Plan, care has been taken to assure that the financial
burdens upon the developer are consistent with the developer's need for a reasonable return on
its equity investment, that CFD special taxes fall within the City's related property tax burden
policy, and that the City has identified sources for its (or other development's share of
infrastructure costs).
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Finally, the specific actions required to implement and administer the financing mechanisms are
identified in Chapter 5, providing guidance as to how the City will proceed with implementation
following action on the Entitlement Documents.
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Z. AVILA RANCH PROJECT OVERVIEW
The Avila Ranch Project will create a new City neighborhood within the boundaries of the Airport
Area Specific Plan (AASP), and will be regulated by the Development Plan and Specific Plan
adopted by the City. The Project site is approximately 150 contiguous acres located at the
northeast corner of Buckley Road and Vachell Lane, and includes three separate parcels: APN
053-259-006, APN 053- 259-004, and APN 053- 259- 005.
Avila Ranch Development Plan
The Avila Ranch Development Plan (Development Plan) allows up to 720 dwelling units; a "Town
Center" with 15,000 square feet of local -serving retail and office uses; 18 acres of pocket parks,
mini -parks and neighborhood parks; and 53 acres of open space, including riparian corridors and
farmed agricultural land. These features are described in the Development Plan text and
appendices, and on pages 25-89 of the Development Plan. The Development Plan also calls for
community gardens, a bicycle and pedestrian pathway along the Tank Farm Creek riparian
corridor, and bike connections to the Chevron Project to the north and the Octagon Barn bike
facilities to the southwest. Another key improvement specified in the Development Plan is the
extension of Buckley Road to South Higuera Street, consistent with the City's Circulation
Element.
Residential Uses
The Development Plan includes up to 720 residential units of varied density and type. The R-1
units are proposed to be typical single-family homes with front -loaded and alley -loaded garages,
The R-2 portions of the development obtain access from alleys and common driveways limiting
direct vehicular access points to residential streets. This circulation design allows many of these
R-2 units to front on open space areas or the internal residential collector streets, resulting in
attractive landscaped setbacks rather than a series of driveways. These project circulation
features along with attention to enhancing streetscapes and corridors with landscaping, utilizing
interesting architectural features such as front porches, and maintaining tree -covered sidewalks,
and unobstructed views of surrounding open spaces provide the underlying framework for
creating a walkable and interconnected neighborhood. The R- 3 and R-4 units are included at
locations that take advantage of adjacent open spaces, and/or proximity to local jobs, transit,
and shopping.
Table 2 Avila Ranch Development Plan Residential Use Summary
Residential Category Quantity
Single Family R-1 101
Single Family R-2 297
Single Family R-3 197
Single Family R-4 125
Total Residential Units 720
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Neighborhood Commercial Uses
The Neighborhood Commercial area will allow for 15,000 square feet of building area. It will
serve as a focal point and activity center for the project, and will provide shared parking for
nearby open space and parks uses, bicycle parking and storage facilities, public plazas for
gatherings and special events, and transit connections. Because of the nearby retail shopping
center on South Higuera Street, this neighborhood center will focus on small-scale convenience
items, and possibly provide some professional service office space.
Parks and Recreation Uses
The Development Plan designates 18 acres of parkland, which exceeds the General Plan parkland
requirement of 16.5 acres (10 acres per 1,000 population per the Parks and Recreation element)
by 1.5 acres. Proposed facilities include a centrally located 9.5 -acre neighborhood park as well as
mini -parks, pocket parks, and community gardens. The "Designated Park" area does not include
passive open space and recreational trails, which are counted as part of the "designated Open
Space." The neighborhood park will be linked to surrounding neighborhoods, the Tank Farm
Creek riparian corridor and to the regional bikeway system by separated Class I bike paths and
Class II bike lanes, and special pedestrian/bike bridges over Tank Farm Creek.
According to the concept plan approved by the Parks and Recreation Commission-, the
neighborhood park will include group BBQs, basketball courts, tot lots, baseball diamonds, soccer
fields, pickle ball courts, tennis courts, a dog park, a skate park, and a community meeting
pavilion area. Eight mini -parks and a pocket park will also serve the neighborhoods. Each will be
one-half to 2. 5 acres in size and provide facilities such as community gardens, tot lots, passive
play areas, BBQ and picnic areas, basketball courts, community gardens, dog park, and PC1 - 15
landscaping. These mini- and pocket parks will serve residents within a two -block radius and fill
the few "gaps" in the coverage for the neighborhood park facilities. The mini -parks will be
phased with adjacent residential development to provide park facilities for future residents near
their homes.
Open Space Uses
The Open Space designation is intended to preserve undeveloped or minimally developed land
for preservation of natural resources, production agriculture and public safety. The Land Use and
Circulation Element ("LUCE") requires 50 percent of the site area to be dedicated as open space,
with up to one-third of that amount allowed to be provided offsite. For this 150 -acre project site,
there would be a minimum requirement of 50 acres of onsite open space, with the remainder to
be provided offsite. As proposed, there are 53 acres of open space proposed onsite, which does
not include parks and recreational facilities. The balance of the required open space, 22 acres,
will be provided offsite through open space or agricultural conservation easements, or through
the development impact fee established by the RASP. The Avila Ranch Development Plan
designates the following specific areas for open space:
Planning area creeks, to protect and enhance habitat and recreational values;
Agricultural buffer areas outside of the URL along the Buckley Road frontage and the easterly
project boundary;
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The ACOS Reservation Space in conformance with the ALUP; and
Tank Farm Creek corridor as a linear park, bikeway and passive recreation areas.
Project Planning and Regulation
The Avila Ranch Project has been designed to be consistent with the City's General Plan policy
framework. The Project, however, will require amendment to the Airport Area Specific Plan, to
convert the area from its present commercial designation to a primarily residential area. The
foundational and parallel entitlement documents include the following:
General Plan
Zoning Ordinance
Airport Area Specific Plan
Avila Ranch Development Plan
Avila Ranch Environmental Impact Report
Avila Ranch Fiscal Impact Report
Avila Ranch Development Agreement
Tentative Vesting Subdivision Map and Conditions
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3. SERVICES AND IMPROVEMENTS TO BE FUNDED
The Financing Plan addresses how the Avila Ranch Project will pay for both municipal services
and the infrastructure needed as the new neighborhood is constructed and occupied by new
residents and businesses.
Municipal Services
Municipal services include both "Citywide" services and also local area maintenance services
provide by the City within the Project area. The need for special funding for these services is
created, in part, by the Property Tax Sharing Agreement (adopted by the City and the County in
February 2008 as a part of a larger annexation of Airport Area Specific Plan properties) that
provides no property tax to the City. The anticipated future municipal services costs have been
calculated based on a fiscal impact analysis of the Avila Ranch Project and also a detailed
assessment of local area maintenance requirements prepared by City staff in collaboration with
the Developer team. Table 2 provides a summary of these municipal services costs which are
further documented in Appendix A - Municipal Services Cost Worksheet.
Table 2 Summary of Avila Ranch Services CFD, Preliminary Rate Allocation at
Development Stabilization
Item
Local Area Fiscal City CFD Contract CFD
TotalMaintenance [1] Mitigation Admin [2] Admin [2]
Annual Costs in CFD at Buildout $1,168,813 $414,156 $97,500 $33,609 $1,714,079
Annual Cost per Unit at Buildout [3] $1,623 $575 $135 $47 $2,381
Avg. Cost per Unit per Month at Buildout $135 $48 $11 $4 $198
Average Annual Tax Burden 0.28% 0.10% 0.02% 0. 01% 0.41%
1] Includes City and County direct costs, and Transportation and Leisure, Cultural & Social Services operating costs.
2] City CFD Admin reflects an FTE to oversee CFD. Contract CFD Admin reflects a 2% charge; to be confirmed.
3] Reflects development of 720 units. Does not currently include commercial,
Citywide Services
The Avila Ranch Project is unique from a fiscal perspective given the fact that the Property Tax
Sharing Agreement (with San Luis Obispo County pursuant to Revenue and Tax Code Section 99)
adopted when the area was annexed to the City provides no transfer of property taxes to the
City. This Agreement was adopted by the City because the area at that time was designated in
the City's General Plan for commercial and industrial uses and these uses were assumed to
generate other taxes (sales and use taxes, etc.) that would offset the cost of providing municipal
services.
The Tax Sharing Agreement follows the framework established in the 1998 Master Agreement
and provides that within the AASP annexation area, no annual property tax increment shall be
transferred from the County to the City, and all existing and future sales tax accruing from
annexed area within the Airport Area are to accrue to the City,
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Also, there was a presumption that, in the aggregate and after factoring in existing and
projected sales tax revenues, the 2008 620 -acre annexation would be fiscally positive. For
example, the City and County analysis showed that annexation of the Airport Area would be
fiscally beneficial to the City and result in an immediate fiscal "net" revenue (operating revenues
less operating costs) of approximately $450,000 upon annexation of the area (largely due to the
existing sales base in the area), increasing to $750,000 upon build -out. At the time of
annexation in 2008, there were existing sales tax revenues of $300,000 annually in the annexed
area, according to the February 2008 Staff Report. Nevertheless, the City and EPS deemed it
prudent to evaluate the Avila Ranch project on its own to guard against any future volatility in
the sales tax revenues and in light of the fact that a significant shift in land use was being
considered related to the rezoning of the Avila Ranch property from business park to residential
uses.
The Fiscal Impact Analysis prepared for the Avila Ranch Project documented municipal service
costs and also the municipal revenues that the Project area is expected to generate as it is
constructed and occupied.' Key citywide services include the following:
General Government
Police protection
Fire protection
Transportation
Leisure, Cultural and Social Services (includes Park and Landscape Maintenance)
Community Development
Citywide services provided to the Avila Ranch area are estimated to cost some $1.5 million
annually when the Project area is fully developed, before accounting for offsetting municipal
revenue. The net expenditures, after accounting For revenues and off -setting local area
maintenance services, are estimated to cost the City approximately $414,000 per year.Z
Local Area Maintenance
The Avila Ranch Specific Plan includes a high standard of infrastructure and public facilities that
will require maintenance. City staff and the Developer team have collaborated to develop a
detailed assessment of the maintenance requirements of the infrastructure facilities, as
documented in Appendix A.
Local area maintenance services provided to the Avila Ranch area are estimated to cost
approximately $1.1 million annually when the Project area is fully developed. Key services
include the following:
Maintenance of parks and greenbelts
Maintenance of residential collectors and arterials, including lighting
Maintenance of the Venture Drive bridge over Tank Farm Creek
Avila Ranch Fiscal Impact Analysis, ADE, April 2017
Z Fiscal expenditures reflect the revised fire costs and Avila Ranch's share. The fire costs were revised
subsequent to the ADE analysis referenced above.
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Maintenance of storm drains
The Buckley Road bike path (County) and County Airport Sound Abatement services
Infrastructure Improvements
Infrastructure and municipal facilities required to serve the Project include "Backbone" and "In -
tract" Infrastructure as well as "City -serving or regional infrastructure" which is generally located
beyond the Project boundary but require improvement (at least in part) due to development of
the Project area. These future municipal services costs were estimated by conducting a fiscal
impact analysis of the Avila Ranch Project and also a detailed assessment of local area
maintenance requirements prepared by City staff in collaboration with the Developer team.
Table 3 provides a summary of these infrastructure costs which are further documented in
Appendix B - Project Infrastructure Cost Worksheet.
Table 3 Infrastructure Costs by Type of Infrastructure
Type of Infrastructure Total Project
Costs [1]
Transportation 37,234,884
Parks 6,645,500
Water and Sewer 427,500
Public Safety 1,346,250
Intract Improvements 20,896,000
Offsite Improvements 557.1700
Total Infrastructure Expenses 67,102,134
11 Total Project Infrastructure costs whether Avila Ranch is building or
paying fees.
Sources: Avila Ranch LLC; City of San Luis Obispo.
Backbone and In -tract Infrastructure
The Avila Ranch Project, proposed for a largely undeveloped area, will require the full
complement of local infrastructure to serve the Project area including streets and in -street
utilities, drainage, parks and trails, and bikeways. These improvements are typically divided into
in -tract" improvements, such as neighborhood streets and utilities, and "backbone"
improvements, including collector streets and public facilities (such as parks) that serve the
whole project area.
Key Backbone Improvements include the following:
Buckley Road Extension from Vachell Lane to South Higuera Street
Venture Road Residential Collector
Tank Farm Creek and Buckley Frontage Bike Path
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Horizon Lane Collector south of Suburban
Earthwood Collector
Various Transit Stops
Improvements to City -serving and Regional Infrastructure
The Avila Ranch project, as it develops, will contribute to the demand for City -serving and
region -serving infrastructure improvements, including the following:
Improvements related to Buckley Road along the Project's frontage
Vachell Lane improvements
Various sidewalk improvements
Intersection improvements at Tank Farm Road/South Higuera and South Street/South
Higuera
Horizon Lane south of Tank Farm
Bob Jones Trail Bike Path
Vachell Lane Widening
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4. FUNDING AND FINANCING SOURCES
Avila Ranch Funding Sources
Developer Equity
Developer equity will be the primary source of funding for infrastructure improvements needed
to serve the Avila Ranch area, Developer (or builder) equity will pay impact and mitigation fees,
fund construction of all "in -tract" and "backbone" improvements located within the Avila Ranch
area, fund the Project's "fair share" allocation of off-site "regional" improvements, of which some
will be subject to fee credits, and advance funding over and above the "fair share" costs, a
portion of which will be subject to reimbursement by the City. It is estimated that total developer
equity necessary to fund the backbone and in -tract infrastructure and region -serving
infrastructure (including the amount beyond the nexus -based "fair share" amount) is $57.0
million.
Participation in Area and Citywide Development Impact Fee Programs
The Avila Ranch Project will be subject to the City's various development impact fee programs,
including the existing Airport Area Specific Plan fees, the Citywide Traffic Impact fee, LOVR
interchange reimbursement fee, special ad hoc fees for environmental mitigation, and water and
sewer connection fees as levied at the time building permits are issued. This obligation typically
involves paying the impact fees at the time individual building permits are issued. Additional fees
are charged by regional agencies including the local school districts. It is important to note that
the current AASP does not include fee categories for residential or retail land uses. During 2017
the City engaged in a comprehensive effort to update and reorganize its impact fees. This update
includes the recalculation of existing impact fees (excluding the water and sewer connection
charges), the consideration of fees for public safety and other community facilities, and the
consolidation and redistribution of cost items included in the City's area impact fee programs.
The AASP impact fee program will need to be revised or replaced to incorporate appropriate fee
levels for the Avila Ranch project.
Construction and dedication of "in -tract" improvements
As is common practice, the developer of Avila Ranch will build in -tract and backbone
infrastructure within, and on the periphery of, the Avila Ranch area to the specification of the
City as documented in the Tentative Subdivision Map and subsequently dedicate these
improvements and underlying lands to the City.
Fair Share" allocation of other improvement costs
The development of the Avila Ranch Project will increase traffic on existing roadways and create
demand for other City/County infrastructure. Many of these improvements are facilities located
beyond the project boundary. This additional demand was studied in detail as part of the
Environmental Impact Report (EIR) and the mitigation measures identified to maintain policy -
based levels of service on these facilities. The mitigation program includes Avila Ranch
completing improvements along Higuera Road, extending Buckley Road from Vachell to Higuera,
as well as improving Buckley as it fronts the development, among others. The EIR requires these
improvements to be installed ahead of need and improved to the 2035 General Plan buildout
configuration to the extent feasible. Consequently, the project will construct improvements that
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are necessary to correct existing deficiencies and to accommodate traffic and other impacts
above and beyond its own impacts.
Funding regional improvements above the "Fair Share" allocation
The Avila Ranch developer has offered to provide funding for regional improvements beyond the
Project boundary, and beyond its fair share to build out the improvement to their ultimate
configuration to maximum extent feasible. While not expressly obligated to do so, such additional
contribution assures that the regional improvements will be built in a timely and efficient
manner, benefiting the developer, the City, and the County. Consequently, there are no
improvements that are being funded directly by the City or others. Funding for the costs above
the project's fair share will come from future development impact fees generated by the project
itself in the form of AASP, citywide and LOVR impact fees, direct contribution from other projects
benefiting from those improvements, and fees generated elsewhere in the City and AASP. In
some cases, although a project is eligible for reimbursement, Avila Ranch will carry the full cost
burden because a facility is not included in one of the funding mechanisms mentioned above.
Development Impact Fee or Exaction Revenue
Insofar as other developers/ builders are obligated to pay their "fair share" of infrastructure
improvements by paying the Citywide and area development impact fees or additional nexus -
based "exactions," a portion of this revenue will be used for reimbursement for investments
above "fair share" made by the Avila Ranch developer (or other nearby developers that may
advance funding for construction of fee -funded facilities and improvements).
Community Facilities District
The owners of the property have requested and the City has tentatively agreed to form a
Community Facilities District (CFD) subject to Council action for the Avila Ranch area. Such a
CFD, pursuant to the Community Facilities District Act of 1982, allows for the levy of a special
tax on real property located within the designated boundary of the CFD for a range of purposes
including providing funding for municipal services, local area maintenance, and infrastructure. It
is common for the special taxes to be used to service municipal bonds issued for the CFD to fund
new development -related infrastructure; however, the CFD for Avila Ranch will be used to fund
ongoing City services and infrastructure maintenance as described below. Usage of this
financing mechanism is warranted for a number of reasons, including that the project provides
significantly greater amount of parks space, open space, bike trails, and other amenities than
typical of other developments in the City.
The Avila Ranch CFD, as currently envisioned, will provide funding for City service costs not
covered by existing taxes (i.e., "fiscal mitigation") and also for funding maintenance of municipal
improvements located within the Avila Ranch area. The CFD may also be used as a source of
funding to meet the City's obligation to reimburse developer funding of regional improvements
above "fair share" and also as a source for repair and replacement of local area serving facilities
e. g., local streets, drainage and flood protection facilities, and landscaping).
Other Funding Sources
Funding for the City's share of regional improvement costs may be derived from a variety of
sources typically used by the City to fund infrastructure, including proceeds from federal, State,
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and regional grants. However, no grants are currently identified and use of grant funding require
prevailing wage.
Economic Considerations
Project Feasibility
As a part of achieving new development as envisioned in the City's General Plan and specified in
specific plans or other zoning actions, it is in the interest of the City to cooperate with developers
and builders to promote feasibility of new development, i.e., that new development generates
economic returns sufficient to attract necessary private equity investment and commercial
lending. While market conditions can constrain investment at low points in the business cycle,
over the longer terms the type and amount of development authorized by the City and the costs
imposed for needed infrastructure and facilities should balance so as not to unnecessarily impede
desired development.
Financial Burden Measures
A variety of methods are used to determine the cost burden placed upon new development
associated with providing the necessary infrastructure including in -tract and backbone
infrastructure improvements and contributions to City -serving infrastructure through payment of
impact fees or other mechanisms. The Avila Ranch Project, given the real estate values created
and the total cost of infrastructure improvements, is shown to fall within reasonable levels of
financial burden.
Incidence of Burdens
Depending upon the type of funding relied upon to develop a project, the "incidence" of the
burden ( who pays?) varies. Equity provided by the developer for project costs including
contributions to public infrastructure and facilities is a burden on the equity investors in the
project. Special taxes or assessments on real property are a burden on the local homeowners or
businesses subject to these taxes or assessments. Excise taxes (e.g., sales taxes, utility taxes,
transient occupancy taxes) are a burden on those engaging in purchases of these goods. The
City has established CFD policies which place a 1.8 percent "cap" on property tax burdens. The
Avila Ranch project is located in County Tax Rate Area (TRA) 003-022 which has a total current
tax rate of 1.07225 percent,3 including the basic 1 percent rate plus "overrides" related to voter -
approved general obligation bonds and special taxes or assessments. Future additional tax
overrides may also be approved in the future.
In addition to this policy "cap," market conditions also influence the amount of tax levied. For
example, an increase in the amount of taxes levied on real property will affect a home buyers'
ability to qualify for mortgage financing and in turn, the price they are willing to pay for the new
home. In the City of San Luis Obispo, Home Owners Associations' burdens range from
approximately $100 per month (peak phases of Serra Meadows, Toscana, Trillium) to a high of
239 per month at Avivo, a full service condominium project that provides structural
replacement, common open space, and community buildings.
3 San Luis Obispo County Auditor -Controller.
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S. IMPLEMENTATION MEASURES AND RELATED ACTIONS
The Financing Plan will be implemented concurrent with approval and subsequent development
of the Avila Ranch area. Key components of implementation will include the following.
Development Agreement
The Entitlement Documents for the Avila Ranch Project will include a Development Agreement, a
contract between the Developer and the City that vests the entitlement over a long term (15 or
20 years) as consideration for extraordinary benefits to be received by the City for granting the
vesting. The Avila Ranch Development Agreement largely provides a framework and security for
funding the regional infrastructure improvements and the related reimbursement to the
Developer for investments that exceed the "fair share" cost allocation for these improvements.
Development Impact Fees and Exactions
The Avila Ranch Project development will be subject to the City's development impact fees as
they will exist at the time building permits are issued. At the present time, the Project is subject
to the City's water and wastewater connection fees, transportation impact fee, Airport Area
Impact Fees, Los Osos Valley Road Interchange Fee, parks fees, and public art in lieu fees.
Concurrent with consideration of the Avila Ranch Project, the City is engaged in an effort to
update its development impact fees, potentially resulting in the inclusion of new facilities in the
Citywide fees and also reallocation of infrastructure items among the area impact fees and the
Citywide fees. The Project will also be responsible for building or funding improvements, termed
exactions," as specified in the Final Environmental Impact Report. The Development Agreement
will include further specification regarding the Project's development impact fee and exaction
obligations.
Fee Obligations
Subject to the terms included in the Development Agreement, new development in the Avila
Ranch Project will pay the fees existing at the time building permits are issued, i.e., be subject to
the fees that result from the Development Impact Fee Update.
Reimbursement Agreement(s)
The Avila Ranch Development Agreement will enable and specify the terms and security for
reimbursement agreements that will be created for each of the individual regional improvements,
Presently, reimbursement agreements are expected for the following off-site, Citywide or
regional facilities:
Suburban Widening east of Earthwood
Horizon Collector south of Suburban to Avila Ranch with right-of-way
Source of Reimbursement Agreement funding
A number of infrastructure improvements are specified in the City's development impact fee
programs and Environmental Impact Fee mitigation measures that the Avila Ranch Developer will
fund or build beyond its "fair share" allocation of cost. These contributions will be eligible for
reimbursement from fees paid by other developers benefiting from these improvements or from
other sources.
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September 1, 2017
Projects Eligible for Private Reimbursement
Two projects have been identified that may be eligible for private reimbursement. Alternatively,
these improvement may be incorporated into the updated Impact Fee Program.
Buckley Road Extension Bike Path
Vachell/Buckley Intersection Control (if installed)
Projects Eligible for Impact Fee Credits
Insofar as the Developer builds or directly funds infrastructure improvements that are included in
one of the City's development impact fees (e.g., Airport Area, Traffic Impact Fee, etc.), the
Developer is eligible to receive a dollar -for -dollar credit against its fee obligations for these
improvements. The Development Agreement will specify the precise terms of these fee credits.
South Higuera/South Street NB RT Lane (may occur as a private reimbursement)
Tank Farm/Higuera SB LT and WB LT
South Higuera Sidewalk
Tank Farm Creek Bike Path and Bridges
Community Facilities District
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. The levy of any special tax
and any related bond issuance is subject to voter approval, if the area is inhabited approval by
two-thirds of the voters in the area is required. If fewer than 12 voters are located in the area,
approval by the landowners is required (Avila Ranch area currently has no residential uses).
City Policy and Approach
The City of San Luis Obispo has not, before this Avila Ranch Project, created any CFDs. The City
has, in anticipation of Avila Ranch and other development -related financing requirements,
adopted policies and procedures related to CFDs that guide formation of the Avila Ranch CFD. A
key policy adopted by the City is that "aggregate" property tax burden within the City should not
exceed 1.8 percent of assessed value annually.
Funding Capacity
The funding capacity of a CFD is based upon the type and amount of development within the
bounds of the CFD and the amount of the special tax levied against each parcel. Special taxes
levied as part of a CFD must clearly specify a "rate and method of apportionment" which defines
the amount of the tax levied on each parcel and how the amount may be increased (indexed)
over time to account for inflationary cost increases. Generally, CFD special taxes are limited to a
fraction of the 1 percent property tax allowed under Article 13 A of the State Constitution.
The funding capacity of the Avila Ranch Project, taking account of the market value of
development being created, the existing general and special taxes, and the City's established
special tax "cap" of 1.8 percent, is estimated to be approximately $2.9 million annually. Given
market conditions and maximum equivalent HOA rates in the community of $200 per month, and
the significant amount of smaller multifamily units, the aggregate tax burden on residential units
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Draft Avila Rff"611TJ1fYi1&n0 Plan
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may limit this capacity to below this maximum, resulting in a funding capacity of approximately
1.7 million per year.
Special Tax Components
The Avila Ranch CFD is primarily being formed to provide a source for funding Citywide services
and the maintenance and replacement of public facilities and infrastructure within the Project
area. The " Rate and Method of Apportionment" that will be developed as part of CFD adoption
will specify how the Avila Ranch special taxes shall be allocated to these uses. Based upon
current cost analysis, the allocation of CFD special tax funding at full development of the Avila
Ranch Project area would be as follows:
Citywide Services 414,000
Local Area Maintenance (City) 1.1 million
County Services 66,000
Capital Reimbursement TBD)
CFD Administration (City) 97,500
CFD Administration (Contract) 33,500
CFD Administration
The City will be required to administer the CFD from year to year. Given the nature of the special
tax (a fixed tax rate plus an index -based inflator), this administration is quite simple, involving
sending documentation to the County Tax Collector as the annual property tax bills are prepared.
This service is typically provided by consultants to the City and costs approximately $10,000 to
20,000 per year depending upon the size of the CFD and complexity of the special tax. There
will be some additional administration required by the Finance Department to control CFD funds
consistent with the terms of the Rate and Method of Apportionment and related financial
reporting (in the CAFR, etc.).
Formation Process
It is anticipated that the CFD formation will be initiated at the time the Avila Ranch Entitlement
Documents are considered for adoption by the City Council. The following steps must be
accomplished as part of the CFD formation process:
Develop CFD concept and document costs to be funded
Map CFD Boundary and conduct voter determination (occupied area or unoccupied?)
Prepare Rate and Method of Apportionment
Adopt Resolution of Intention
Adopt Resolution of Formation
Conduct election (or obtain landowner approval)
Adopt Ordinance to Levy Special Tax
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APPENDIX A:
Avila Ranch Services CFD Preliminary Rate Allocation,
Local Area Maintenance, and Fiscal Mitigation Combined
Page 184 of 351
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Table A-4
Fiscal Mitigation Assumptions
Budget Category Total
General Fund Revenues
294, 029
Taxes
332, 799
Property Tax 0
Property Tax in lieu of VLF 297,169
Sales Tax: General 129,987
Sales Tax: Measure G 64,994
Sales Tax: Public Safety 3,220
Utility Users Tax 122,980
Franchise Fees 34,435
Business Tax Certificates 1,463
Real Property Transfer Tax 22,963
Service Charges
Recreation Fees $58,856
Other Charges for Services $38,704
Other Revenue
Fines and Forfeitures $3,449
Interest Earnings and Rents $4,263
Other Revenues $2,331
Transfers In
Gas Tax/TDA $35,971
Other $29,820
Total Revenues $850,605
General Fund Expenditures
General Government 294, 029
Police 332, 799
Fire [1] 398,463
Transportation [2] 51,536
Leisure, Cultural and Social Services 130,497
Park and Landscape Maintenance [3] 213,528
Community Development 106,747
Transfers Out 2.226
Total Expenditures 1,529,825
Net Fiscal Impact ($679,220)
Reduce Parks and Landscape Maintenance [4] $213,528
Reduce for Transportation [4] $51,536
REVISED Net Fiscal Impact ($414,156)
1] Increased per City allocation 7-28-2017; reflects cost of operating station
and Avila Ranch's share (25% of 590 acres).
2] Included in LAM; exclude for Fiscal Mitigation.
3] Included in LAM; exclude for Fiscal Mitigation,
4] Included in LAM.
Economic & Planning Systems, Inc, 9/1/2017 P: 1161000s%161181 u.
Page 189 of 351
APPENDIX B:
Avila Ranch Infrastructure Cost and Allocation Analysis
Page 190 of 351
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Page 191 of 351
Table B•2
Avila Ranch Infrastructure Cost and Allocation Analysis
AlWsolron ta.cna R.nch bneleper 6euRr
Total Project Implemenlatlonl News Allocation to Avila Rmmbursemeni
II Yes A -M
Ilan Cost Esllmale Padlcipatlon by Arai -10 RmrhiAh4 C+ASIs Ne Up-Fronl Agree- g Subject to Prwele
Avila Ranch i.lr Ilen<fr of Reimbursememsj Amount Requested?
ReimbursementRecommended
Uuifd Project (No Reimbursement)
T1 Transit Slops S75000 Build 100.0% 575,000 100% 75,000 No
T2 Buckley Road Widening- Vachell to Avila PL 52294,500 Build Ph l&4 500% 1.147250 100% 52,294,500 No
SuclencY) burban Sidewalk Sidewalks W/O Earlhwood ( ExistingT3Deb 125,000 Build Phase 1 100.0% 125,000 100% 125,000 No
T4 Suburban Signal Modifications 125,000 Build Phase 1 1000% 5725000 100% 125.000 No
T5 Venture Residential Collector 52,612,000 Build Phase 1,2, 3 1000% 2,612.000 100% S2,612,000 No
TB Buckley Fromage Bike Path 655,000 Build Phase 1, 4 100.0% 5655,000 100% 5655,000 No
T7 Horizon/Jesperson Collector Avila Ranch SZ 161000 Build Phase 4 750% 1 622250 100% S2,163,000 No
US 101/S. Higuara Interchange - Prepare PS& E for SS Complete Phase I.
T8 Ramp Melenng 50,000
2 1000% 550000 100% 50,1300 No
Counly OOsile Improvements related to Buckley Road
T9 Intersections (at HWY 227 and Davenport Greek)(T34) 430,000 PaPayment to l",uunry N/A WA 100% 8430,000 NO
U guild Project (Potential Private Reimbursement)
CM Vachell Lane Widening. LTL lo] Venture, misc sidewalksT10andClassIIBikeLanes 650,000 Build Phase 1 50.0% 5325-000 100% 650,000 No
T11 Earlhwood Collector Suburban to Venture 419,000 Build Phase 1 75.0% 5313,500 100% 8418-000 No
Q T12 Buckley Road Extension - Vachell to South Higuera 56,000,000 Build Phase 2 250% 1,500000 100% S6.000,000 No
T13 Suburban Widening E/O Earlhwood 1450,000 Build Phase 34. 7% 5156-150 100% 450,000 Yes 293,850
Horizon Collector South of Suburban to Avila Ranch
T14 wIROW n0,000 Build Phase 4 750% 577 500 100% 770,000 Yes 5792,500
m T15 South HigueraNachell Lane 1150,000 Build Phase 2 500% 575000 t00% 150,000 Yes S75.000
Ili0 Build Project (Eligible for AASP Fee CeodlteiRelrnbtlne
O
T16 Tank Fam1/1-iguara SB Dual LT 470,000 Build Phase 1 13 4% 562.980 100/ 470000 No so
U T17 Tank Farm Creek Bike Path 860,000 Build Phase 1,2,3 750% 5645.000 100% 060.000 NoN
O T18 Tank fans Creek Bikepalh - Chevron a/c TFR 934,000 Budd
Rphhase
4 if
OW 1000% 5934 000 100% 634,000 No
Cl -
T19 Tank FannlHiguera WB Dual RT 670,000 Build Phase 4 134% 389,780 100% 670,000 No 0
Build Project (Eligible for AASP Fee CredltrJRaln11lllr64
T20 Buckley Extension Bike Path 500,000 Build Phase 2 250% 5125,000 100% 500,000 No
Build Project (Eligible for LOVR Credits)
T21 US 101/LOVR Interchange - Install SB Ramp Metering 250.000 Build Phase 1 1000% 5250,000 100% 250,000 No 0
814ECI Project (Eligible for City TIF Fee CredliddRgbllbu
T22 South Higuera/South Street NB RT Lane 370,000 Build Phase 1 30 a % S111960 100/ 370000 Yes 1 So
T23 South Higuera Sidewalk - Vachell to LOVR 125,000 Build Phase 1 1000% 5125.000 100% 125,000 No
T24 South Higuera Sidewalk - City Limit to LOVR 80,000 Build Phase 2 24 3% 19.440 100% 500,000 No
111RItim67? S21,226,500 11723,910 521.226,500 5561,350
Pay Fee -LOVR
IvN LOVR Interchange (Impact Fees remaining after
LL 725 crediting from above) 46453,172, Pay I mpacl Fees 100-0% 3,172-464 100% 31,122.464 No
iO Pay Fee - Citywide TIF
Citywide TIF Impact Fees (Remaining to be paid - G T26 reduced for TIF Credit shown above) 5 1,501,920 Pay Impact Fees 1,501,920 100% S 1,501,920 Nopolenhal
Pay AASP Fee (or Mitigation Fee as Identified)
5_•'
T27 Horizon Lana SIO Tank Farm to Suburban 594,000 Pay Impact Fees 250% 5146.500 0% 4 No
OJ
T28 PradolHlguem NB Dual LT 750,000 Pay Impact Fees 0. 5% S63J5U 0% SU No
LJ
4••r 729 PradWHiguera Cumulative Improvements (Dual LT, RT 2 rNW 2,000,000 Pay Impact Fees 0.0°, 50 0% 50 No
M T30 MSP Impact Fees (Remaining to be paid - reduced for SO Pay Impact Fees 0 100% 50QpotentialRASPCreditstic- above/ No
E Pay Mitigation Fco • Pro Rata
T31 LOVR/Higuera Intersecfion Improvements S2.540,000 Pay MIT Fees 25.4% 5645160 264% 645,100 No
d
T32 Bob Jonas Trail Bike Path 1,250,000 Pay MIT Fees 58% 572500 5A% 72,500 No
UCto T33 BlrckkryfVotb@7 In111faeciia1 S650,000 Pay MIT Fees 16.5% 5107,250 165% 107.250 No
OC' Pay Mitigation Fee - Pro Rata or AASP If Amended into
2
734 Buckley/HWY 2271nlerseclion 52,700,000 Pay MIT Fees 27% 572,900 100% 270,000 No
Q
T35 Tank Farm/Higuera NB RT extension 850,000 Pay MIT Fees 134% 5113,900 134% 113,900 No
u lel/ 8pea,384
Total All Transportallon: 837,234,884 17,022,15427,109,694 5561,350
Parks- Land and Improvements (181cfnj W'WD.Wo Ill" 76619,100 100% 59,645,500 Fla
Water and Sewer 8427,500 00-0% 5427,500 100% 427, 500 No
OU Fybllo$*fair, Into-Fbe SW4an 51,346,250 100,0% 1,346,250 100% 1,346,250 No
Inlracl lmprovemenls- Nol Specified Above 520,896,000 100,0% 20996.000 100% 121111,111 No
t OIff11a vNlsen , No 9 Irl Aa . 5626tH 1 1'162,600 160. 62 ON Na
O Subtolel: 529,067,250 W..061;50 329867,250
Grand Total: I $67.10mu 47,489,404 56,976,944 561,350
Page 192 of 351
Table &2
Avila Ranch Infrastructure Cost and Allocalion Analysis
Fee Credit and Reimbursement
9t91 099i 7fa[u9
T0t41 DrbKS+'Bry 1pRf If No and if If No and if
Item
Ceet Erorer,e Amount Sublenl m Fee Credit r py4r pa,y4y Developer Equily Developer Equity
R ^1Y r ,s 101Value to City is 100%,
Value to County
1'IF Ah$ MOP i-Fl we1 1.0 1f
Build Project (No Reimbursement)
T1 Transit Slops 75.000 75,000
T2 Buckley Road Widening - Vachell to Avila PL 2294,500 S%294 500 S1,147,250
Suburban Sidewalk Sidewalks W/O Earihwood(Exa4linp
73 Deficiency) 125000 5125000
T4 Suburban Signal Modifications S125,000 5125,000
TS Venture Residential Collector 2,612,000 52,612,000
To Buckley Frontage Bike Path S655000 5655,000
T7 HorizooMespenmo Collector Avila Ranch 2163000 52.163000 $540750
US 101/S. Higuera Interchange - Prepare PS&E for SB
T6 Ramp Mutating 50,000 50000
Courtly ORsile Improvements related to Buckley RoadT9Intersections (al HW V 227 and Davenport Creek) (T34) 5630,000 5430,000 930,000
Build Project (Potential Private Reimbursement)
Vachell Lanit Widening. LTL @ Venture, mist sidewalksT10 and Class 11 Bko!Anes 5650,000 S650000 214500 110,500
T11 Earlhwood Collector Suburban to Venture S41&000 5416,000 5104 500
T12 Buckley Road Ex(ension - Vachell to South Higuera 6,000,000 56,000.000 $1,125,000 53,375,000
T13 Suburban Widening EfO Eanhwoud 5450,000 156,150
Horizon Collector South of Suburban to Avila Ranch
T14 w/ RO W 5770.000 Syn 500
T15 South Higuem/Vachell Lane 5150.000 75.000
Build Project (Eligible for AASP Fee Crbdltaftmbur9a 11
T16 Tank FannlHiguera SS Dual LT 5470,000 470,000 50
T17 Tank Farm Creek Bike Path 506Q 000 815,000 545,000 So
T16 Tank farm Creek Bikepalh -Chevron s/o TFR S9a4,000 934,000 So
T19 Tank Faml/Higuera WB Dual RT 5670,000 670,000 SO
Build Project (Eligible for AASP Fee.Cnditl7fkolmbuta
T20 Buckley Extension Bike Path 500,000 TBD 500.000 593750 5291,250
Build Project (Eligible for LOVR Credits)
T21 US 1011LOVR Interchange - Install 36 Ramp Metering 3250.000 swg).0K So so
Build Project (Eligible for City TIF Fee Cr9d1191Ra,m
T22 South Higuera/Soulh Street NB RT Lane 370,000 $ 370, 000 so
T23 South Higuera Sidewalk - Vachell to LOVR S125000 $ 125,000 So
T24 South Higuera Sidewalk - City Limit to LOVR SOOOOO $ 60,000 50
5u1bl.ml 21226500 $ 575,000 $2-609,000 $45,000 $26Q. 516,906,150 2,076,500 5.344,010
Pay Fee - LOVR
LOVR Inlerchange ( Impact Fees remaining afterT25 crediting from above) 3,172,466 S3.172.464 p
Pay Fee - Cilywide TIF
T26 Cilywide TIF lintiocl Fees (Remaining to be paid -
reduced far Polealml TIF Credit shown above) t 501 520 51,501 920
Pay AASP Fee (or Mitigation Fee as Identified)
T27 Horizon Lane S/O Tank Farm to Suburban 5594000 50 0
T28 Prodo/ Hlguere N9 Dual Lr S76CLODU SO 50
T29 P,,d,/Higuera Cumulative Improvemenls (Dual LT, RT. 211rup 2,000000 0 0
T30 MSP Impact Fees (Remaining to be paid -reduced for 0potentialAASPCreditshownabove) 50
Pay Mitigation Fee - Pro Rata
T31 LOVRIHiguem Interseclion Improvements 21540,000 5045,160
T32 Bob Jonas Trail Bike Palh 1,250,000 72500 572,500
T33 Buckley/Vachell Intersection 5650,000 TBD S107250 5542,750
Pay Mitigation Fee - Pro Rata or AASP If Amended into
T34 BUCkIeylHWY 2271ntersec11on 2,700,000 TBD 270,000 5270,000
T35 Tank Farm/Higuera NB RT exleasion 5050,000 TBD 5113,9130 SO
Bublului- f10.'ooll"L"v W f0 OO 1 9,OW
Total All Transportation: 537,234,064 575, 000 $2,869,000 $45,000 5250,000 22,709,344 2,693,750 5,614,000
P.A.- hoed a n7 lmpi,,v, 19 fie 9,!91,116,E4.F'a07 56;915.50] 70
Water and Sewer5a27,500 5427,500
Public Safely- Interim Fire Station 1.346,250 1-346,250 50
Inlracl Improvemenls-Not Specified Above 20.896000 520,096,000
17Reao M tmrlx9 •Mol eu6rrd Ayrrve 3552n9d 15h2AW
Subtotal: X0.!07.75 529,867,250
Grand Total: I 647.tv.1N 575,000 52,609,000 $45,000 5250,000 5"I'li y -m 3459$,750 5,614,000
Page 193 of 351
Exhibit D
Phasing Plan
Page 194 of 351
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Page 195 of 351
Exhibit E-1
Backbone Water Infrastructure
Page 196 of 351
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Page 197 of 351
Exhibit E-2
Backbone Wastewater Infrastructure
Page 198 of 351
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Page 199 of 351
Exhibit E-3
Backbone Recycled Water Infrastructure
Page 200 of 351
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Exhibit E-4
Backbone Drainage Infrastructure
Page 202 of 351
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Page 203 of 351
Exhibit F
Figure 5 of Conservation & Open Space Element
Page 204 of 351
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Page 205 of 351
Exhibit G
Affordable/Workforce Housing Plan
Page 206 of 351
Exhibit G
Affordable & Workforce Housing Plan
Affordable Housing Plan
The Avila Ranch project will encourage long term housing affordability by including design and develop-
ment strategies that serve to provide lower cost housing, by including a range of housing sizes and types
that are not typically provided in the community, and by providing a greater number of lower income
inclusionary units than required by the City Inclusionary Housing Ordinance. Since the price of houses
over time is most closely related to the size of the dwelling unit, the size of the lot, and costs of mainte-
nance, the project has concentrated on lowering the overall size of market rate dwelling units, and reduc-
ing lot size for market rate units.
Within each of the residential zones there will be dwelling unit sizes ranging from 550 square foot studios
to 1,150 square foot family apartments in the R-4 area, to 2,500 square foot single family detached units
in the R-1 development area. A predominant individual share of the project is in small lot single family R-
2 units (297 out of 720) and attached single family ownership and rental R-3 units (197 units out of 720).
Consequently, the average size of the units across the development is approximately 1,525 square feet.
Maintenance expenses, to the extent feasible, will be included in a Community Facilities District to reduce
the necessity for Homeowner's Associations, and the higher costs associated with that maintenance and
governance structure. Landscape maintenance and cost of water and utilities will also be reduced because
of the drought tolerant landscaping, smaller lots and other sustainable and cost reducing features.
The City's Housing Element provides incentives to develop housing in a denser pattern (R3/R4), and with
smaller unit sizes to encourage affordability across the low, mod and workforce income ranges. These
incentives include reduced inclusionary housing requirements for denser projects and for projects with
lower dwelling unit square footages. Conversely, more inclusionary housing is required for projects with
dwelling units that exceed unit sizes of 2,000 square feet. Table 2A of the Housing Element contains these
adjustment factors.
According to the City's Inclusionary Housing Ordinance and Table 2A, the inclusionary housing require-
ment for the residential component of the project is a total of 67 units, with 22 low and 45 moderate
income units. The project proposes to meet and exceed the residential component requirement by
providing 32 lower income units and 35 moderate income units as show in Table 1 below, which will pro-
vide for deeper affordability and more lower income units than required. In addition, the commercial
component of the project requires a total of 4 units, with 1 low and 3 moderate income units. The project
proposes to meet commercial component requirement by either constructing the units in the project or
by paying an affordable housing in -lieu fee.
Page 207 of 351
Table 1
Inclusionary Housing Requirements
Units Required and Units Provided
The Avila Ranch project will address housing affordability in several ways, most notably through the design
itself, which includes cluster development and many medium and high-density housing units (197 R-3
units and 125 R-4 units), as well as R-2 units that have floor areas that are well below the typical average
for single-family detached units in the community.
The City's Inclusionary Housing Requirement will be addressed through deed restrictions on some low
income and moderate -income units to be constructed by Avila Ranch, while others will be provided by
dedicating and donating improved land to a non-profit affordable housing provider. However, should an
affordable housing provider fail to construct the units, the obligation to provide for the 24 deed -restricted
low-income affordable housing units remains with Avila Ranch to complete. The following highlights are
summarized from the Development Plan:
Mix of Residential Densities and Small Lots. There is an intentional mix of residential densities in the
Avila Ranch project that includes a range of R-1 lot sizes, R-2 "four -packs", "six-packs", and "eight -
pack" cluster units, and R-3 and R-4 multifamily dwellings, with an emphasis on smaller lot, higher
density units. R-2 small lot single family detached units comprise over forty percent of the residential
units (with building living areas ranging from 1,050 SF for a 213/16 unit to 2,200 SF 36/ 26 unit), and
medium density and above units will comprise over 85 percent of the units in the project. The average
unit size across the entire project is less than 1,550 square feet.
Units Avg Size Total Floor Net Net Den- Density Density
Area Acres sity Units Units/Acre
R-1 Alley 33 2,250 74 250 4.7 7.02 33 7.02
R-1 Front 68 2,250 153,000 8.07 8.43 68 8.43
R-2 Pocket Cottage 76 1,200 91,200 5.67 13.40 76 13.40
R-2 Standard 221 1,750 386,750 21.62 10.22 221 10.22
R-3 Duplex 38 1,750 66,500 4.13 9.20 57 13. 80
R-3 Townhome 159 1,375 218,625 6.49 24.50 173 26. 66
R-4 Apartments 125 850 106,250 4.39 28.47 115 26. 20
Neighborhood Commercial 15,000 1.85
Total 720 1,525 1,096,575 55.07 13.07 743 13.49
Nominal Requirement 108
HE Table 2A Adjustment 41 Constructed Fee Total
Commercial 4
Requirement: 71 Provided: 67 71
Low 23 32 1 33
Moderate 48 35 3 38
The Avila Ranch project will address housing affordability in several ways, most notably through the design
itself, which includes cluster development and many medium and high-density housing units (197 R-3
units and 125 R-4 units), as well as R-2 units that have floor areas that are well below the typical average
for single-family detached units in the community.
The City's Inclusionary Housing Requirement will be addressed through deed restrictions on some low
income and moderate -income units to be constructed by Avila Ranch, while others will be provided by
dedicating and donating improved land to a non-profit affordable housing provider. However, should an
affordable housing provider fail to construct the units, the obligation to provide for the 24 deed -restricted
low-income affordable housing units remains with Avila Ranch to complete. The following highlights are
summarized from the Development Plan:
Mix of Residential Densities and Small Lots. There is an intentional mix of residential densities in the
Avila Ranch project that includes a range of R-1 lot sizes, R-2 "four -packs", "six-packs", and "eight -
pack" cluster units, and R-3 and R-4 multifamily dwellings, with an emphasis on smaller lot, higher
density units. R-2 small lot single family detached units comprise over forty percent of the residential
units (with building living areas ranging from 1,050 SF for a 213/16 unit to 2,200 SF 36/ 26 unit), and
medium density and above units will comprise over 85 percent of the units in the project. The average
unit size across the entire project is less than 1,550 square feet.
Page 208 of 351
Pocket Cottage Units. The Plan includes 76 "Pocket Cottage" units, which are intended to meet the
needs of young professionals, empty nesters and young families. These units have floor plans ranging
from 1,050 to 1,300 square feet in 2611/113, 2BR/2B and 3BR/2B configurations. These units, like the
other cluster units, are arranged around a common landscaped courtyard, and will have access from
a common driveway. These,smaller units also have a one -car garage and an adjacent uncovered guest
parking space. This parking reduction is justified by the lower expected occupancy for these smaller
units and the multimodal features of the overall development. A portion of these units will be re-
served for income -qualified workforce households through the Workforce Housing Incentive Program
WHIP) described below. Nine of the Pocket Cottage units (5 2 -bedroom and 4 3 -bedroom units)
would be dedicated for Moderate Income, and 13 of these units (6 2-bedroom/1-bath units and 7 3-
bedroom/2-bath units) will be dedicated for the project's Workforce Housing Incentive Program
WHIP) program described below. The nine inclusionary moderate -income units will be provided on
in Phases 1 and 3 of the project on Lots 37, 51, 65, 76, 91, 121, 364, 378 and 392. The Workforce units
in the Pocket Cottage series will be provided on Lots 32, 46, 60, 74, 79, 89, 90, 117, 365, 379, 393, 315
or 316.
R-3 Units and Inclusionary Housing Requirements. The project includes 197 R-3 multifamily units on
11 acres that range in size from 700 square foot for -sale and for -rent studios to 1,750 square foot
duplexes. The R-3 portion will include eighteen (18) for -sale moderate -income units (10 2-bedroom/1-
bath units and 8 3 -bedroom, 2 -bath units) and twelve (12) WHIP units (6 2-bedroom/1-bath units and
6 3-bedroom/2-bath units). The inclusionary units will be provided on Lot 405 as part of the first 80
R-3 townhomes (and the first 116 R-3 units overall), and the 12 Workforce units will be provided on
Lot 407.
R-4 Housing_ and Affordable Housing Development. Finally, the project will include a substantial
number of apartment units that are near employment and shopping at Suburban and Higuera. The R-
4 apartment portion ofthe project will be directly served by an on -street transit stop and will be within
walking distance of nearby shopping. A 1.2 acre portion of R-4 project will be dedicated to an afford-
able housing provider (Lot 300 of the VTM) at the time that the final map for Phase 1 is recorded to
address the local need for lower income housing and to satisfy, in part, the project's inclusionary
housing requirements. The lot shall include 24 lower income units. However, should an affordable
housing provider fail to construct the units, the obligation to provide for the 24 deed -restricted low-
income affordable housing units on the lot remains with Avila Ranch to complete. Unit sizes in the R-
4 apartment portion will range from 550 square foot studios to 1,150 square foot units for larger
families. The site to be dedicated is adequate to meet the affordable housing requirement, plus addi-
tional potential units. This site will be improved as part of Phase 1 of the project since it is served by
Earthwood, and can be conveyed to the affordable housing provider during Phase 1. Its development
is not dependent on the completion of improvements in Phase 3 of the project (where it is located),
and construction can start on it after the Buckley Road Extension improvements are completed. This
will allow completion of these low income inclusionary units early in the project, rather than leaving
them to the end. In addition, eight (8) Low Income 2-bedroom/1-bath and eight (8) Moderate Income
2-bedroom/1-bath units will be provided on Lot 301, a market rate apartment development.
Neighborhood Commercial. The 1. 8 -acre Neighborhood Commercial portion of the project will gen-
erate a requirement for four additional inclusionary units (1 lower income and 3 moderate income).
Page 209 of 351
Development of this site is anticipated 10+ years, and will be based on market demand. Most of the
NC site is currently located in ALUP Safety Zone S-1-13 that precludes residential development; how-
ever, there is a 0.25 -acre portion of Lot 603 that is outside and that can accommodate residential
development. The project will include the four inclusionary units in its design, if possible, and subject
to the restrictions of the Specific Plan. If that is infeasible, the project will pay an affordable housing
in -lieu fee per the Inclusionary Housing Ordinance and Table 2 of the Housing Element.
Overall, the project will provide a total of thirty-two (32) low and thirty-five (35) Moderate Income inclu-
sionary units compared to the city's requirement for twenty-two (22) Low Income units and forty-five (45)
Moderate Income units. The inclusionary housing product mix has been intentionally skewed toward the
low-income units to ensure that this income group is adequately represented in the project, and to rec-
ognize that the moderate -income groups have adequate market rate opportunities in the R-3, R-2 Pocket
Cottage and R-4 rental portions of the project. Table 2 shows the phasing of the affordable units, and
Exhibit 1 shows the location of these units.
Table 2
Assisted Affordable Housing Phasing Plan
Phase
Program 1 2 3 4 5 6* Total
Low Income Rentals 24 8 1 33
Mod Income Rentals 8 3 11
Moderate Income For -Sale 6 3 18 27
Workforce For -Sale -WHIP 13 12 25
Other Market Rate Work-
force
For Sale 36 18 70 124
Rental 83 86 169
Total 79 120 186 385
Units in Phase 179 29 214 197 101 4 724
Total -Inclusionary Low 33
Total -Inclusionary Mod 38
Total -Workforce WHIP 25
Total --Market Rate Work- 293
force
Total 389
Phase 6 represents the Commercial Development and associated Inclusionary Housing Requirement. This will be
met either by development of units within the commercial project or by payment of affordable housing in -lieu fee
Page 210 of 351
Workforce Housing Plan
A special four -point program will be provided to create workforce housing and increase the supply of
housing available to local employees. This program will include providing local preferences for individuals
who work within the City of San Luis Obispo and immediately surrounding area the priority to purchase
or rent a residence within the Project, owner -occupancy restrictions in the single-family detached units,
and a special Workforce Housing Incentive Program which will provide deed -restricted units for workforce
housing eligible households (households earning 121-160% of the Area Median income). This workforce
housing program seeks to target the Project to local employees, reduce the influence of investors in the
limitation of housing choice and availability, provide a down payment assistance program for Workforce
Income families, and provide a certain number of units that will be deed -restricted. The elements of the
program are as follows:
Local Preference (" SLO Workers First"]. Program 10.4 of the City's Housing Element encourages res-
idential developers to "...sell or rent their projects to those residing or employed in the City first before
outside markets." Further, the City and project applicants recognize that one of the principal reasons
for the designation of additional residential land in the community in the 2014 Land Use and Circula-
tion Element update was to address the current jobs -housing imbalance. One direct and effective
way of achieving this is to provide priority for existing employees to rent or purchase residences within
the Project. To that end, an interest list has been developed for the Project. Currently, seventy per-
cent (70%) of those on the interest list work in the San Luis Obispo area. Avila Ranch agrees to give
first preference to rent or purchase a residence within the Project to local employees identified on
the interest list. For purposes of this program, the term "local employees" shall include individuals
who are employed in business that are located in geographic areas that are customarily included in
the City's annual jobs -housing balance analysis in its General Plan Status Report. These areas include
the City's corporate limits and areas outside the City limits such as Cal Poly, California Men's Colony,
Cuesta College, agricultural lands within the Edna Valley area and business parks on South Broad
Street. New employees to businesses in these geographic areas with bonafide employment offers will
be considered "local employees" as well. Avila Ranch agrees to maintain and update the interest list
through full build -out of the Project. City and Avila Ranch agree that, operationally, this program will
be administered as follows:
Avila Ranch shall maintain the interest list and shall separate and prioritize names of local
employees based on interest in product type.
When product becomes available, usually 270-360 days prior to certificate of occupancy
assuming a 180 -day construction period), Avila Ranch shall notify those individuals of the
opportunity to purchase a residence starting with the "top of the list." Those individuals
shall have approximately 60 days to get pre -qualified to purchase the residence and to
provide Avila Ranch with proof that the individual is a local employee and the time notice
i.e. paycheck or bonafide offer of employment from a local employer.)
If an individual fails to get pre -qualified or fails to provide Avila Ranch with proof of local
employment within the time periods above, then Avila Ranch may remove or put that
name at the end of the interest list.
Page 211 of 351
d. Except for the multi -family apartments, Avila Ranch agrees not to sell any units within the
Project to any individual without first offering the unit to a local employee who is on the
interest list for that product type. Upon exhausting all local employees on the interest list
for a product type, Avila Ranch agrees to give priority in the sale of such units to individ-
uals residing in the County (but within Fair Housing constraints and state and local regu-
lations), and finally to individuals from outside the county.
Nothing herein shall preclude Avila Ranch from notifying multiple individuals with the opportunity to
purchase a residence and prioritizing the purchase and sale based on "first in line" principles. Nothing
herein shall preclude Avila Ranch from taking all reasonable actions necessary in order to facilitate
the sale of units within the Project provided such actions are consistent with the "SLO Workers First"
program described herein. Avila Ranch shall, upon request, update the City on its implementation of
this program and provide City with the interest list and proof of employment for all sales made under
this program.
City and Avila Ranch acknowledge that this program described above will accomplish three important
objectives: 1) use new housing to address the current imbalance between existing jobs and housing;
2) ensure that, to the maximum extent practicable, that the increased housing in San Luis Obispo
results in a decline in the current commute traffic; and, 3) reduce competition from outside buyers in
the initial offering and sales.
Owner -Occupancy Restrictions. Avila Ranch agrees to include restrictions in the purchase agreement
and Covenants Conditions and Restrictions (CC&Rs) for the single family detached units (R-1 and R-2)
substantially in the form as set forth in Attachment "A" requiring these units to be restricted to owner -
occupants only for the first five years after sale. In the case of units with Accessory Dwelling Units
ADUs), the Principal Dwelling or the ADU will need to be occupied by the property owner. The final
form of these agreements will be determined at the time of development of the first final map, and
will provide for appropriate monitoring and enforcement. This component of the CC&Rs may not be
modified without the City's written consent. The City of San Luis Obispo shall be a designated third
party beneficiary to these contractual rights and shall have the right to enforce the owner occupancy
requirement. Enforcement and monitoring of the owner occupancy requirement on all single-family
dwellings however, Avila Ranch and/ or in coordination with a qualified housing non-profit. Upon re-
quest, Avila Ranch shall provide City with any information related to Avila Ranch's implementation
and enforcement of this program.
Workforce Housing Incentive Program (WHIP). Avila Ranch agrees to provide 25 deed restricted
units, including thirteen (13) Pocket Cottage units and twelve (12) R-3 Townhomes, to families in the
Workforce Housing category, defined by the City of San Luis Obispo as household incomes of 121% to
160% of Area Median Income (AMI). This program would require that eligible households have in-
comes no greater than 160% of the then -current Area Median Income (AMI) (Currently estimated at
133,000 per year) and are income -certified by the Housing Authority of San Luis Obispo or other
qualified housing non-profit. For these units, prices would be limited to no more than that required
to achieve an Index of Affordability ("Index") of 31 percent (cost of housing including mortgage prin-
cipal, mortgage interest, taxes and insurance divided by 140% of AMI). The Housing Element does
not specify an Index of Affordability for Above Moderate household; however, the proposed index is
consistent with the requirements of Policy 2.2 of the Housing Element which specifies a 30% Index for
Page 212 of 351
Moderate Income units, with FHA guidelines, and recognizes the energy and occupancy costs savings
proposed as part of the "Net Zero" features of the project. The maximum purchase price would be
equal to 5.65 times (140% of 4.05 multiplier) the median income for each household size. For exam-
ple, the current 4 -person (3 bedroom) median household is $83,200 and the associated maximum
price of a 3 -bedroom unit would be $470,200, and the maximum purchase price for a two-bedroom
unit would be $423,200. These units would have to be occupied by an income qualifying Workforce
Housing household for a minimum of ten (10) years; if resold within this ten-year period, the units
would need to be sold to another income -qualifying Workforce Housing buyer, and the ten-year af-
fordability period would reset. Thirteen (13) of these Workforce units (6 2-bedroom/1-bath units and
7 3-bedroom/2-bath units) will be provided in the R-2 Pocket Cottage portion of the development and
twelve (12) units will be provided in the R-3 Townhome portion of the project (6 2-bedroom/1-bath
units and 6 3-bedroom/2-bath units). The Workforce units in the Pocket Cottage series will be pro-
vided on Lots 32, 46, 60, 74, 79, 89, 90, 117, 365, 379, 393, 315 or 316, and the 12 Workforce units
will be provided as on Lot 407 (see Exhibit 1).
The deed restrictions and enforcement would be administered in the same manner that the City does
the inclusionary housing requirements. More specifically, prior to recordation of any final map for the
Project, Avila Ranch shall enter into and record an Affordable Housing Agreement and Declaration of
Restrictive Covenants on title for the Property per City form incorporating the affordability provisions
set forth herein. Avila Ranch and City acknowledge that as each workforce housing unit is constructed,
a note and deed of trust would be recorded against title to the unit per City form. Avila Ranch acknowl-
edges that the note will be in the amount of the difference between the fair market value of the unit
and the restricted sale price and will be in favor of City. The City of San Luis Obispo Community Devel-
opment Department shall monitor all deed -restricted WHIP units.
Down Payment Assistance Program. Avila Ranch agrees to provide a matching down payment assistance
DPA) of five percent of the purchase price up to $20,000 as a "silent second" on the initial sale of the 25
Workforce homes. These units would have to be occupied by an income qualifying Workforce Housing
household for a minimum of ten (10) years; if resold within this ten-year period, the units would need to
be sold to another income qualifying Workforce Housing buyer and the 10 -year deed restriction would
reset to 10 more years with the new buyer of the home. The DPA loan would be repaid upon sale of the
unit or refinancing, and the proceeds would be placed in a revolving loan fund to assist future workforce,
moderate, or lower income home buyers in Avila Ranch. Unlike a reduction in price that would be cap-
tured by a future seller at the end of the affordability term, this assistance would continue throughout
the life of the funds to assist buyers in the development. -The intent is that these funds will be used in
conjunction with the initial 25 Workforce units, but these funds could be used for any income qualifying
household who purchases a home in Avila Ranch after the initial ten-year workforce affordability period.
This will establish a revolving loan fund of approximately $500,000 to be administered by the City of San
Luis Obispo.
Page 213 of 351
Attachment A
Sample Owner Occupancy Limitation in
Conditions, Covenants and Restrictions (CCRs)
Leases: No agreement for the leasing or rental (a "Lease") of a Principal Dwelling Unit or an Ac-
cessory Dwelling Unit shall be permitted except as provided herein. Within five years of the date of first
occupancy of the Principal Dwelling Unit, there shall be no Lease of the Principal Dwelling Unit without
the prior and express approval of the Board based on the determination of the Board that the Lease is
reasonably necessary to avoid substantial hardship to the Owner (e.g., ownership and leasing of a Princi-
pal Dwelling - Unit for normal investment income purposes would not be permitted). Such hardship may
include temporary reassignment of employment to another location, extended requirements for out of
state personal commitments, and other factors. A Lease of a Principal Dwelling Unit or an Accessory
Dwelling Unit shall be permitted so long as the owner also occupies either the Principal Dwelling Unit or
the Accessory Dwelling Unit and the Accessory Dwelling units meets all of the City's requirements.
Any Owner who leases a Principal Dwelling Unit or an Accessory Dwelling Unit (after receiving approval
to do so) shall promptly notify the Association and shall advise the Association of the term of the Lease
and the name of each tenant. Any Lease shall be subject in all respects to the provisions of this Declaration,
the Articles, the Bylaws, the Association Rules, the Architectural Rules and applicable agreements be-
tween the Association and any state, local municipal agency; and any Lease shall expressly provide that
the Lease is subject to all such instruments and matters. Said Lease shall further provide that any failure
by the tenant thereunder to comply with the terms of the foregoing documents shall be a default under
the Lease. All Leases shall be in writing.
Any Owner who shall lease or rent his Dwelling Unit shall be responsible for assuring compliance by such
Owner's tenant with this Declaration, the Articles, the Bylaws, the Association Rules and the Architectural
Rules, and shall be jointly and severally responsible for any violation thereof by his tenant. No Dwelling
Unit shall be leased for transient or hotel purposes, for short term vacation rentals, which shall be defined
as rental for any period less than thirty (30) days, or any rental whatsoever. No Dwelling Unit shall be
leased or rented to more than a single family at any time. Tenants under Leases shall not have voting
rights in the Association, but may utilize Common Areas in the same manner as Owners.
Page 214 of 351
Attachment B
Sample Purchase Agreement Occupancy Addendum
ADDENDUM " "to
CONTRACT FOR PURCHASE AND SALE
OCCUPANCY PERIOD AND USE AS PRINCIPAL RESIDENCE addendum
PROPERTY: Lot of Tract No.
Address:
OF REAL PROPERTY
This is an addendum (the "Addendum") to the Contract for Purchase and Sale of Real Property (the "Con-
tract") dated , 20 between , as "Seller," and the
undersigned, as "Buyer," concerning the property described above (the " Property"). This Addendum
modifies the Contract as set forth below. All terms used as defined terms below shall have the same
meaning as when used in the Contract unless expressly stated otherwise in this Addendum.
Seller desires to sell the Property only to a Buyer only if Buyer will occupy the Property as Buyer's principal
residence for at least five (5) years. Buyer acknowledges that imposition of the minimum occupancy pe-
riod contained in this Addendum, and Seller's limitation of selling only to owner -occupants is a material
consideration, and that Seller is forfeiting potential additional profits by selling to Buyer and other owner -
occupants. Therefore, to induce Seller to agree to sell the Property to Buyer, Buyer represents and agrees
as follows:
1. Use as Principal Residence for five years. Buyer represents and warrants to Seller: (a) that Buyer
is purchasing the Property for use as Buyer's principal residence; and, (b) that Buyer will occupy
the Property as Buyer's principal residence upon the Close of Escrow; and, (c) that Buyer shall not
attempt to transfer Buyer's rights under the Contract nor enter into any agreement for the lease,
sale or other transfer of the Property which would result in Buyer's failure to occupy the Property
as Buyer's principal residence and hold title thereto in fee simple for a period of five (5) years
from the Close of Escrow of Buyer's purchase of the Property (the "Occupancy Period"). The
provisions this Paragraph and the accuracy of the above representations and warranties consti-
tute a covenant of Buyer and a condition precedent to Seller's performance under the Contract.
In the case of Property with a Principal Residence and an Accessory Dwelling Unit, the Buyer shall
occupy either the Principal Residence or the Accessory Dwelling Unit. Failure of Buyer to occupy
the Principal Residence shall not constitute a breach of this Addendum.
2. Transfer Prior to Close of Escrow. Any attempt by Buyer to assign Buyer's rights under the Con-
tract and/or to lease, sell or otherwise transfer the Property prior to the Close of Escrow for the
sale of the Property without Seller's prior written consent shall constitute both of the following:
1) Buyer's default under the Contract, entitling Seller, at its sole election, to terminate the Con-
Page 215 of 351
tract and retain Buyer's deposit pursuant to Paragraph the Contract; and, (ii) the failure of a con-
dition precedent to Seller's obligation to sell the Property to Buyer. Seller's remedies may occur
prior to or after the Close of Escrow for the sale of the Property to Buyer. If the Buyer breaches
the provisions of this Addendum and the Escrow for the sale of the Property to Buyer has closed,
Seller shall be entitled to damages as set forth in Paragraph 4 of this Addendum.
3. Seller's Right to Terminate CONTRACT. Buyer understands and agrees that Seller has the unilat-
eral right, in its sole discretion, to terminate the Contract and cancel the Escrow in accordance
with Paragraph 2 above, if Buyer takes or has taken any of the following actions: (a) assigns the
Contract to another person prior to the Close of Escrow; or, (b) advertises, lists or otherwise offers
the Property for sale or rent to others at a time or manner which would result in the failure or
inability of the Buyer to reside in the Property for the full Occupancy Period; or,, (c) enters an
agreement to sell or rent the Property which would cause Buyer to move from the Property prior
to the expiration of the Occupancy Period; or, (d) takes any other action which indicates to Seller
that Buyer does not have a bona fide intention of residing in the Property as Buyer's principal
residence for the full Occupancy Period.
4. Transfer Subsequent to Close of Escrow. Except for "hardship" situations as described in Exhibit
A" to this Addendum, attached hereto, any sale, lease or other transfer by Buyer under which
Buyer either fails to occupy the Property for the Occupancy Period or transfers fee simple title to
the Property prior to the expiration ofthe Occupancy Period shall constitute Buyer's default under
the Contract. Any such default shall entitle Seller to any of the following remedies: (a) in the case
of a sale or other transfer of fee title to the Property, Seller shall be entitled to the amount of the
appreciation of the Property which has occurred after the Close of Escrow; or, (b) in the case of
a lease or other occupancy agreement, the greater of (i) the actual rent and/or other economic
consideration or (ii) the,fair market rental value of the Property (collectively, "Rent") payable to
or for the benefit of Buyer during the Occupancy Period in connection with such lease or other
occupancy agreement. For purposes of this Addendum, "appreciation" shall be mean the differ-
ence between (i) the fair market value of the Property at the time of Buyer's sale thereof, less
Buyer's customary costs of resale such as broker's commission, escrow fees and title costs, and
ii) the Total Purchase Price of the Property plus Buyer's actual cost paid for any improvements
made by Buyer to the Property, as evidenced by paid unrelated third -party invoices. Buyer shall
pay appreciation to Seller concurrently with the sale or other transfer of fee title to the Property
by Buyer. Buyer shall pay Rent to Seller within the first five (5) days of each calendar month during
the Occupancy Period.
S. No Unreasonable Restraint. Buyer acknowledges that the purpose of this Addendum is to comply
with Seller's intention to sell homes only to persons who will occupy them as a principal residence,
to obtain a stabilized community of owner -occupied homes, to prevent a shortage of available
homes to the local workforce, and to prevent a shortage of homes to permanent residents of San
Luis Obispo. Buyer agrees that the provisions and restrictions set forth in this Addendum do not
constitute an unreasonable restraint upon alienation of the Property.
6. Survival: severability grant. All of the covenants contained herein shall survive the delivery and
recordation of the deed conveying the Property from Seller to Buyer and the Close of Escrow. The
Page 216 of 351
provisions of this Addendum shall be independent and severable, and a determination of invalid-
ity or partial invalidity or enforceability of any one provision or portion hereof shall not affect the
validity or enforceability of any other provision of this Addendum or the Contract.
7. Subordination. Buyer hereby acknowledges and agrees that a violation of this Addendum by
Buyer shall not defeat or render invalid the lien of any first mortgage or deed of trust made in
good faith and for value by Buyer, and that the covenants and provisions of this Addendum shall
be inferior and subordinate to the lien of any such first mortgage or deed of trust recorded con-
currently with the deed conveying the Property to Buyer.
8. Entire Agreement. This Addendum and Exhibit "A" hereto contain the entire agreement between
Buyer and Seller concerning the matters set forth herein. All prior discussions, negotiations and
agreements, if any, whether oral or written, are hereby superseded by these documents. No
addition or modification of this Addendum or the Contract shall be effective unless set forth in
writing and signed by Buyer and an authorized officer of Seller.
Attorney's Fees. In the event of controversy, claim or dispute relating to breach of the terms of
this Addendum, the prevailing party shall be entitled to recover from the losing party reasonable
expenses, including attorneys' fees and costs.
10. No Third -Party Beneficiaries. There are no third -party beneficiaries to this Addendum.
11. Capitalized Terms. Various capitalized terms used in this Addendum are defined in the Agree-
ments and shall have the same meaning as set forth herein, unless otherwise indicated herein.
Buyer acknowledges that Buyer has read the provisions of this Addendum and that Buyer understands
the provisions and finds them to be reasonable.
IN WITNESS WHEREOF, the parties have executed this Addendum and make if effective as of the date of
Seller's acceptance indicated below.
SELLER"
By
Its:
BUYER"
Signature)
Signature)
Seller's Acceptance (Signature)
Date: J 20
Buyer's Acceptance
Page 217 of 351
Date: J 20_
EXHIBIT "A" TO ADDENDUM "
The following events shall be deemed to constitute "hardship" situations under which Buyer may transfer,
sell, assign, convey or lease (each of which is "a Transfer") its right, title and interest in the Property prior
to either (a) Close of Escrow, or (b) occupying and holding title to the property for a period of five y (5)
years from Close of Escrow:
A Transfer resulting from the death of Buyer;
Transfer by Buyer where the spouse of Buyer becomes the only co-owner of the Property with Buyer;
A Transfer resulting from a decree of dissolution of marriage or legal separation or from a property set-
tlement agreement incident to such decree;
A Transfer by Buyer into a revocable inter vivos trust in which Buyer is a beneficiary;
A Transfer, conveyance, pledge, assignment or other hypothecation of the Property to secure the perfor-
mance of an obligation, which transfer, conveyance, pledge, assignment or hypothecation will be released
or re -conveyed upon the completion of such performance;
A Transfer by Buyer where necessary to accommodate a mandatory job transfer required by Buyer's em-
ployer (not including Buyer, if Buyer is self-employed);
A Transfer necessitated by a medical or financial emergency, proof of which emergency has been deliv-
ered to Seller, and has been approved by Seller in its reasonable discretion;
A Transfer which, in the reasonable judgment of Seller, constitutes a "hardship" situation consistent with
the intentions of this Addendum and this Exhibit "A" thereto.
Page 218 of 351
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Exhibit H
Water Improvements
Page 220 of 351
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Exhibit I
Water Well Site Plan
Page 222 of 351
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Exhibit J
Bicycle and Multimodal Improvements
Page 224 of 351
Exhibit J
Bicycle and Multimodal Improvements
Development Plan Features
Pedestrian and Bicycles:
1. Class I Bike Paths. Construct Class I multi -use paths in accordance with the project site plan and
connect them to the off-site transportation network consistent with the City's Bicycle
Transportation Plan. The Buckley Extension Class I bike lane will be provided ahead of the street
improvements, such to availability of right of way.
2. Class II Bike Lanes. Construct 8 -foot Class II "buffered" bike lanes on all Residential Collectors and
Commercial Collectors in the Project (Earthwood, Venture, Jesperson and Horizon), and on offsite
roads including Vachell and Buckley along the project frontages. The Buckley Extension shall
include a 8' buffered bike lane in addition to the Class I. Offsite Earthwood to Suburban shall be
minimum 6' bike lane width if parking is removed subject to approval of the Director of Public
Works. Buffered bike lane shall use appropriate separation devices, subject to approval of the
Director of Public Works, that will assist in providing positive separation between vehicles and
bicyclists.
3. Bike Bridges. Construct three bike bridges across Tank Farm Creek, one for eastbound traffic on
the south side of Buckley to provide east -west connectivity on Buckley Road, and the other along
the north side of Buckley on the southern side of Phase 1. An additional bike bridge across Tank
Farm Creek will be constructed between Phase 2 area and Phase 5 area as part of phase 5
development or when the offsite Chevron Class I facility is constructed, whichever occurs sooner.
4. Tank Farm Creek Bike Path Connectivity. The Chevron portion of the Tank Farm Creek Class I
bike path will be constructed by the project to improve connectivity subject to the following: 1)
city provides the right of way; 2) connection is made in conjunction with Phase 4 (onsite Tank
Farm Creek bike path will be completed in Phase 3; 3) any right of way expense should be paid for
by the City and any bike and ped improvement should be included within the reimbursement
agreement; and, 4) City will ensure that the cost of the improvements will be completely
reimbursed by the end of the buildout.
5. Octagon Barn/Buckley Road Connectivity. The Land Conservancy and SLO Bike Club have noted
that the portion of the Bob Jones Trail between the Octagon Barn and the Buckley Extension is a
missing link. The County currently has a ROW reservation (but not an irrevocable offer) for this
area. The project will construct this subject to ROW being provided. ROW should/could be
acquired at the time Buckley Extension ROW is secured from the same property owner.)
6. Bikes and E. -Bikes. E -bikes have been identified as a potential asset to increasing the range and
frequency of bike usage, including work trips and weekly shopping trips. The project will provide
a $750 voucher to each R-1, R-2 and R-3 Duplex household. Each separate R-3 Townhome and R-
Page 225 of 351
4 development shall provide a pool of bikes and e -bikes, at an initial rate of one bike per seven
units (28 e -bikes for the R-3, and 18 e -bikes for the R-4), with at least half of the pool being e -
bikes. The R-4 and R-3 owners/HOAs would be responsible for operation of this pool and it shall
be maintained in perpetuity.
7. Pedestrian fm rovements. Pedestrian improvements will be provided along Suburban, Vachell
and Higuera to eliminate the missing links of sidewalks and/or elimination of non -ADA compliant
crossings. Appendix F shows the scope of these improvements.
8. Enhanced Pedestrian and Bicycle Connectivity. These changes include narrower vehicle lanes
and wider bike lanes on internal streets. Vehicle lanes have been narrowed to 10,feet while
bicycle lanes have been widened to a full 8 -foot buffered bike lane standard. These buffered bike
lanes occur on all internal major streets, including Earthwood, Venture, Jesperson and Horizon,
Special at -grade "speed table" pedestrian street crossings per Sheets A15 and A16 have also been
included to provide for the traffic calming and a continuous walking experience. Finally,
pedestrian through connections have been specified along and between residential blocks. This
results in a pedestrian intersection density of over 500 intersections per square mile, well in
excess of the standard established by LEED and the Smart Growth Coalition.
Car Sharing:
1. Shared Mobility strategies will be included to reduce the necessity for additional vehicles for
each family. Car sharing would be provided in the development at an initial rate of one car per
50 residences, with at least 50 percent of that fleet in the form of electric vehicles. Vehicles
would be stored onsite in guest parking spaces, near public parks and on where approved by the
City on public streets.
Transit:
1. Provision of transit stops on the project site. Phase 1 will include a transit stop on Earthwood
north of Venture, and Phase 4 will include a transit stop at the Town Center.
2. The project site will also be served by bus service from the San Luis Coastal Unified School District.
Transit stops will be provided throughout the project in accordance with their requirements.
3. The project shall ensure adequate transit services are provided to the project by the 50th unit of
Phase I development.
Mitigation Measures & Conditions of Approval:
1. All Mitigation Measures and Conditions of approval as identified in final Council resolution for the
project shall be implemented.
Page 226 of 351
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Page 229 of 351
Newspaper of the Central Coast
SLO CITY CLERK
3825 South Higuera - Post Office Box 112 • San Luis Obispo, California 93406-0112 - (805) 781-7800
In The Superior Court of The State of California
In and for the County of San Luis Obispo
AD #3297337
CITY OF SAN LUIS OBISPO
OFFICE OF THE CITY CLERK
STATE OF CALIFORNIA
SS.
County of San Luis Obispo
I am a citizen of the United States and a resident of the
County aforesaid; I am over the age of eighteen and not
interested in the above entitled matter; I am now, and at
all times embraced in the publication herein mentioned
was, the principal clerk of the printers and publishers of
THE TRIBUNE, a newspaper of general Circulation,
printed and published daily at the City of San Luis
Obispo in the above named county and state; that notice
at which the annexed clippings is a true copy, was
published in the above-named newspaper and not in any
supplement thereof — on the following dates to wit;
SEPTEMBER 23, 2017 that said newspaper was duly
and regularly ascertained and established a newspaper of
general circulation by Decree entered in the Superior
Court of San Luis Obispo County, State of California, on
June 9, 1952, Case #19139 under the Government Code
of the State of California.
I certify (or declare) under the penalty of perjury that the
foregoing is true and correct,
yv c
Sign ure of Principal Clerk)
DATE: SEPTEMBER 23, 2017
AD COST: $180.96
G'Pl'1' OF
SI. LM OB1SPO
ORDINANCE NO. 1039 (2017 SERIES)
AN ORDINANCE OF THE CITY:000N-
CIL OF THE CITY OF SAN LUIS OBI -
SPO, CALIFORNIA, APPROVING THE
DEVELOPMENT AGREEMENT BE-
TWEEN THE CITY OF SAN LUIS OBI -
SPO. A CHARTER CITY, AND AVILA
RANCH LLC
NOTICE IS HEREBY GIVEN that the City
Couwl of the City of San Luis Obispo. Cal-
ifornim at Its Rapuiar Mealing of Septom-
hur 19, 2017. introduced the Rbova tilled or-
dfnnrx.,o upon a motion by Council Member
Gomm.. second by Council Member Christi-
anson, and on the following roll call vote:
AYES: Council Member. Cedyn Christian-
son, Aaron Gomez, Andy Pease, Vice May-
tu Dan Rivalre, and Mayor Heldl Harmon
NOES: None
Qsdn nCe N,,s -16 i?n 7 Serlesj —This
is a CTIy Ordinance that adopts the negoti-
ated agreement between the applicant and
the City an important areas. related to the
phased and orderly development of the
Avila Ranch protect. The agreement In-
cludes extended vesting of development
entitlements and reimbursement for public
Infrastructure and m provemanso beyond
project MgLAFRM01115, Miiuh will enabio Ina
tievelopmenr of 720 residential units and
15,000 square feet of neighborhood com-
marcial on a 150 -acre site north of Buckley
Road, including 18 acres of parks and 53
acres of designated open space within the
proiert boundarlos.
A full and complete copy of the aforemen-
lioned Ordinance 1s available for Inspection
and copy In rho City Clerk's Office, located
at 990 Palm direst, San Luis Obfspo, Ca8-
fomiu, or you may call (808) 781-7100 for
more Information.
NOTICE IS HEREBY FURTHER GIVEN
That the City Council of the City of San
Luis Obispo will consider adopting the
afaranianlloned Ordinance at its Regular
Meeting of October 3, 2017, at 8:00 p.m.,
whlCh will be held in the Council Chamber.
Iocaled at 990 Palm Street, San Luis Obi-
spo, California.
Corrie Gallagher
City Clerk
Saprembur23.2017 3297337
END OF DOCUMENTPage 230 of 351
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AVILA RANCH ENERGY GUIDELINES
The Avila Ranch Energy Guidelines are designed to promote sustainability, affordability, and a
healthy home environment for our clients. The Development plan, as approved, has some
inconsistencies with current codes updates; for instance, the 2019 code update did not adopt a
ZERO NET ENERGY threshold. The CEC (California Energy Council) did not deem ZERO NET
ENERGY to be a cost effective solution for homebuyers. The Majority of updates to section 13 is
focused on solar and the language around “ZERO NET”. We feel these homes will be designed
with the RIGHT SIZE solar design, which is an avg of 19-30% above the current t-24 requirements.
Current t-24 min requirements have about 50-53% usage offset, with our increase in size we will be
offsetting around 70-80% of electrical usage. Other minor changes included tweaks to the
language around the REACH CODE and minor crhanges to Advanced framing methods. Some of
the methods provided in the original DP were neither cost affective or structurally sound.
1. BUILDING DESIGNS
SOLAR
o Maximized the solar size for each plan type while being able to stay compliant
with T-24 and competing with all requirements and lot constraints.
o See below for breakdown of each plan – we are able to increase the size of the
photovoltaic design by 19% to 30% above the current 2019 title 24 code
requirements. We believe this is the RIGHT SIZE SYSTEM for these homes.
Avila Ranch - ALL Electric
Plan Stories Sq. Ft
PROPOSED
Right Sized
Solar
System Size
2019 Code Title
24 Code
Minimum Size
% above code
minimum size
compliance
Plan 1 - cluster 2 1848 2.80 kW 2.28 21%
Plan 2 - cluster 2 1898 2.80 kW 2.28 21%
Plan 3- cluster 2 2069 3.15 kW 2.61 20%
Plan 4 - cluster 2 2273 3.15 kW 2.64 19%
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Plan 1 - cottage 2 1167 2.45 kW 1.86 30%
Plan 2 - cottage 2 1611 2.80 kW 2.23 24%
Plan 3 - cottage 2 1723 2.80 kW 2.25 24%
Plan 4 - cottage 2 1554 2.80 kW 2.22 24%
ALL ELECTRIC – meeting city requirements for clean energy choice program by going all
electric.
LEED – ND - Compliance with the U.S. Green Building Councils Leadership in Energy and
Environmental Design for Neighborhood Development ( LEED- ND) focuses on the following
areas
o Smart Location and Linkage
o Neighborhood Pattern and Design
o Green Infrastructure and Buildings
o Innovation and Design Process
o Regional Priority Credits
GREEN POINT RATED - GreenPoint Rated is a credible and accessible pathway to ensure you have
the elements of a sustainable, efficient, and healthier home while focusing on these 5 key areas
o Energy Efficiency
o Indoor Air Quality
o Water Conservation
o Resource Conservation
o Community
ADVANCED FRAMING SYSTEMS
QII – Quality Insulation Inspections
o QII ensures that insulation is installed properly in floors, walls, and roofs/ceilings to
maximize the thermal benefit of insulation.
ENERGY STAR RATED APPLIANCES
HVAC
o Dual Zones
o Heat Pump Efficiency Rating 10.5
o SEER 26% better than min T-24 reqs
o EER 12% better than min T-24 reqs
o Bypass Ducts
o Standard A/C
WATER HEATER
o Northwest Energy Efficiency Alliance (NEEA) rated heat pump water heater
o 3.85 UEF
o Up to 400% more efficient than a standard electric water heater
o Energy Saving Scheduling
Programable water heater to match demand throughout the day.
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Link - https://s3.amazonaws.com/WebPartners/ProductDocuments/71FFBB6F-7E6F-
48F3-9B6D-9CB9FEBE6FA3.pdf
EPA WATER-SENSE FIXTURES
BICYCLE STORAGE AREA IN GARAGES
o Plus each single family home to receive a voucher for $750 toward an e-bike
o Multi-family to include a bicycle rideshare component.
DEDICATED CIRCUIT FOR EV CHARGER PRE-WIRE
NEGOTIATING WITH ZIPCAR FOR RIDESHARE SERVICES
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Avila Ranch Development Plan (approved September 19, 2017) Page 1
Avila Ranch Development Plan
The Avila Ranch Development Plan was approved by the City Council on September 19, 2017.
This update of the Development Plan incorporates direction provided by the City Council in 2017, plus
additional input from various City advisory bodies that provided input to the process prior to the
document being considered by the City Council. This version of the Plan includes minor refinements to
certain development standards to clarify and be consistent with current plans and documentation
developed to date. Land use patterns and most development standards are fundamentally the same as
those considered and approved by the City Council in 2017. The Development Plan also incorporates
the various mitigation measures included in the certified Final Environmental Impact Report (EIR) for the
project. The Plan represented herein is based on the “Mitigated Project Alternative” in the Draft and
Final EIR.
The overall land use plan and site design provide residential land uses with varying densities,
accommodating up to 720 residential units. R-1 low density single-family residential neighborhoods
would be located south of Tank Farm Creek, and that land use would now include about a third of the
units with alley loaded uses, with shared open spaces. Figure 6 shows the approved land plan, and the
detailed site plans and special development details are provided in Appendix A hereof.
Land uses northwest of the creek would consist of a predominantly R-2 medium density single-
family neighborhood, with R-4 high density residential uses allowed along both sides of the Earthwood
Lane at the site’s northwest corner. In the R-2 area, there would be common drives, common open
space, and “pocket cottage” setting would be introduced for up to 76 units. The Pocket Cottage units
would have relatively smaller lot sizes and floor plans to address affordability.
The planned R-3 medium-high density residential uses would be located in the northeast area of
the site, and would include a centralized park, as well as a “duplex” configuration that would offer larger
unit sizes in the R-3 area to provide for a wider range of unit sizes (and a wider representation of income
groups, presumably) in that area.
The Town Center would be located in the eastern portion of the site, south and east of the creek
along the west side of the Jespersen Road Extension, and would include 15,000± square feet (sf) of
commercial buildings. Additionally, the Development Plan would allow a broad mix of uses in the Town
Center to potentially reduce the number of offsite trips that may be generated. General (nonmedical)
professional, business, and services offices would be allowed. Uses expected for the Town Center would
be neighborhood serving uses only including general (non-medical) accessory, professional, business and
service offices, general retail, restaurants, limited indoor commercial recreation such as fitness/gym
facilities, religious facilities, specialized and technical schools, private schools and tutoring services,
laundromats, and community meeting rooms. The Town Center would provide parking for the
Neighborhood Park, and for the Tank Farm Creek Bike Path (as a trailhead). It would also provide
parking for special events in the adjoining parks and park structures such a weekly farmers markets,
neighborhood movies and other neighborhood gatherings.
The size and configuration of open space areas would result in a contiguous open space, with
open space concentrated in and adjacent to the 300-foot wide buffer along Buckley Road, along the
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Avila Ranch Development Plan (approved September 19, 2017) Page 2
creek, and in the northeast and southeast corners of the site. Park distribution and layout would create
opportunities for approximately 18 acres in a total of ten parks. Resulting park area at buildout would
be approximately 10.9 acres per thousand population.
A final parks plan has also been developed and has been reviewed and approved by the City
Parks and Recreation Commission. Each phase of the project includes a public park. Special park and
community facilities will include several dog parks, community gardens, basketball courts, natural
interpretive areas, soccer field, baseball fields, pickleball courts, “tot lot” play areas, tennis courts and
other facilities.
Primary internal circulation is responsive to the approved land use plan and the circulation
improvements addressed in the EIR, including the extension of Horizon Road to Suburban as part of
Phase 4 (pedestrian and vehicle improvements).
Many “green” design features are included to address changes in the State and local building
codes. The following features are included in the Plan:
1. Building energy efficiency standards that will enable the project to comply with the
requirements of Section 7.07 of the Development Agreement. The Plan includes guidelines
to achieve structures that use high performance structural methodologies, solar PV systems,
water conservation techniques, high-efficiency lighting, and compliance with the EV parking
requirements.
2. Shared Mobility strategies would be included to reduce the necessity for additional vehicles
for each family. Car sharing would be provided in the development at an initial rate of one
car per 50 residences, with at least 50 percent of that fleet in the form of electric vehicles.
Vehicles would be stored onsite on public streets, near public parks and on public streets, as
permitted. There would also be a bike sharing program, or provision of bicycles for each
household or tenant.
3. Transit usage would be encouraged by extension of Route 2 to the project site as provided
in the plan, plus information and/or incentive packages for transit ridership.
4. Special design requirements may include the use of Building Performance Institute (“BPI”)
certified trades, Advanced Framing/Engineering (wider stud placement for decrease in
transmission loss and reduction in required framing lumber), Quality Insulation Installation
(QII) to minimize envelope and duct seal energy losses, compact plumbing to minimize
plumbing runs and distance between hot water taps and water heaters, and usage of EPA
WaterSense fixtures to reduce indoor water usage.
Many project features are the result of recent physical or regulatory conditions, or changes in
the setting for the project. Some of these include:
1. A finding and determination that re-routing Tank Farm Creek to connect to the Chevron
open space had significant environmental impacts and uncertain timing. The previous
version of the plan relied upon expected drainage improvements by Chevron, and the timing
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Avila Ranch Development Plan (approved September 19, 2017) Page 3
of those improvements is now uncertain. Connecting to the Chevron open space also
resulted in the loss of federal and state wetlands. The revision avoids those impacts while
maintaining adequate flood control.
2. Setbacks have been increased along Tank Farm Creek so that they are a minimum of 35 feet
along at least 90 percent of the corridor, and no less than 20 feet, the minimum allowed by
the City Zoning Ordinance and Conservation and Open Space Element.
3. The project was modified to provide for more contiguous open space, a longer and wider
Reservation Area along the Buckley frontage, and an expanded Safety Zone S-1B area to
accommodate extension of Runway 7-25, and the elimination of all residential uses from the
expanded S-1B Safety Zone. The project received its final Conformity Finding from the San
Luis Obispo Airport Land Use Commission on December 21, 2016.
4. More specific designs were prepared for the parks and recreation areas of the project and
the number and size of the parks was increased. The project has received approval for the
design of the public parks and open space in Phases 1-3 and has received conceptual
approval for the public parks and open spaces in development phases 4-6. The location and
sizes of the parks have been adjusted in accordance with those approvals. The plan now
reflects the park facilities approved by the Parks and Recreation Commission.
5. Enhanced pedestrian and bicycle connectivity. These changes include narrower vehicle
lanes and wider bike lanes on internal streets. Vehicle lanes have been narrowed to 10 feet
while bicycle lanes have been widened to a full 8-foot buffered bike lane standard. These
buffered bike lanes occur on all internal major streets, including Earthwood, Venture,
Jespersen and Horizon. Special at-grade “speed table” pedestrian street crossings have also
been included. These provide for traffic calming and a continuous walking experience.
Finally, pedestrian through-connections have been specified along and between residential
blocks. This results in a pedestrian intersection density of over 500 intersections per square
mile, well in excess of the standard established by LEED and the Smart Growth Coalition.
The net result of these project features, which evolved through the CEQA and planning review
process, includes the following:
1. Increase in open space area.
2. Reduction in wetland impacts by 0.7 acres.
3. Improvement of storm water management and effectiveness of LID measures.
4. Increase in building energy efficiency.
5. Reduction in projected vehicle miles.
6. Reduction in projected water usage consistent with SB 606 (Hertzberg) and AB 1668
(Friedman).
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Avila Ranch Development Plan (approved September 19, 2017) Page 4
7. Increase in the number of units that are affordable to workforce income groups (160
percent of local median family income and below).
8. Finding of conformity with the County Airport Land Use Plan by the ALUC.
9. Increase in the amount of park space from 16 acres to 18 acres onsite, to 10.9 acres per
thousand, ten percent about the standard for Expansion Area specific plans, and four
times the current citywide average.
10. Approval of the parks plan by the City Parks and Recreation Commission.
11. A reduction in air quality impacts. Building related Greenhouse Gas Emissions will be
reduced by 50 to 75 percent, and ROG/NOx gas reduction are estimated to be reduced
by 35 percent to 50 percent.
Table 1 on the following page summarizes key project statistics as approved by the City Council in
September 2017.
Several features are included in the project as a result of the environmental review process and
the public participation process. The conformance of the project with the mitigation measures in the
Environmental Impact Report is reported in two ways: 1) Appendix I contains a tabular list of the EIR
mitigations and an indication of where those mitigations have been included in the Development Plan;
and 2) the mitigation measures are included in the text with the mitigation measure in parentheses at
the appropriate location (e.g., (MM Trans-2)).
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Table 1
Avila Ranch Development Plan Statistics
Item/Issue Project Feature
Tank Farm Creek
North-South Creek Segment Not realigned but widened to accommodate flood flows
East-West Channel Channel retained
Creek/Riparian Buffer Setback 35-feet, with 20-foot minimum along no more than 700 linear feet
Tank Farm Creek Class I Bicycle Path Minimum of 35-foot setback from top of creek bank/ riparian canopy
with 20-foot minimum along no more than 700 lineal feet
Retaining/flood walls at toe of slope
along creek corridor
At setback along east side of the creek
Residential Uses
Residential: Acreage 55.3 acres
Residential: Units 720 units *
Mix of Units 101 R-1 units
297 R-2 units
197 R-3 units
125 R-4 units
ALUP Safety Areas
Units within ALUP Safety Areas No residential units within S-1B and S-1C Safety Areas **
Neighborhood Commercial Uses
Acreage 1.86 acres
Maximum Square Footage 15,000 sf
Potential Uses Local uses
Open Space & Parks
Open Space: Acreage 51.96 acres
Parks: Acreage 19.08 acres
Parks: Number 1 Neighborhood Park
1 Pocket Park
8 mini-parks
* Exclusive of four (4) additional affordable units in the commercial areas.
** Safety zone designations were modified in the ALUP update of May 2021; intent remains similar.
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Avila Ranch Development Plan (approved September 19, 2017) Page 6
Development Plan Format and Content
The Avila Ranch Development Plan contains an environmental setting section, a brief project
description, background information, Land Use, Design, Circulation and Infrastructure regulations and
strategies. The 2014 Land Use and Circulation Element Update (LUCE) prescribes the format and
content of regulatory elements of Specific Plans for Special Focus Areas in LUCE Policies 8.1.1 and 8.1.2,
as well as the development objectives for the site in LU Policy 8.1.6. The Avila Ranch Development Plan
provides the program for development of the site in conformance with the General Plan’s objectives,
policies and standards. The actual enabling framework for implementation of this development
program is contained in the Airport Area Specific Plan Amendment policy document associated with the
Avila Ranch project.
The Avila Ranch Development Plan has been patterned after the Land Use Element’s
requirements for a Specific Plan, which typically contains a Land Use Framework that includes the
planned land use pattern, actual development densities in each subarea on the project site and
development phasing. Also incorporated into the Land Use Framework is a classification system that
clearly identifies uses allowed in each subarea, and “performance standards” for each site and subarea.
Another key element of the Land Use Framework are general site planning and development standards
that specify the requirements for all development and land uses regardless of the applicable land-use
designation, including sensitive resources, site access requirements, energy efficiency, fences, walls,
hedges, buffers, and other screening, noise regulations, outdoor lighting standards, related performance
standards (e.g., air quality, glare, vibration, etc.) and undergrounding of utilities. The Land Use
Framework also includes the planned housing mix within the area that is in keeping with the General
Plan Land Use and Circulation Element’s (LUCE’s) focus on housing for this site.
The Avila Ranch Development Plan also includes a Design Framework that provides detailed
design guidelines to be used as the Development Plan is implemented. The purpose of these guidelines
is to establish the expected level of design quality within the area while still maintaining project
flexibility and innovation. The objective of this framework is not to dictate a specific design but to
establish design expectations that can be implemented as various project components are planned for
implementation. The Design Framework is intended to provide guidance on the integration of the site-
specific features such as building architecture, with area-wide elements such as streetscape, recreation
and open spaces, resources and architecture into the overall project design. The Design Framework also
has standards that define the overall character of the streetscape. The design standards and guidelines
contained herein are specific to Avila Ranch and work in conjunction with other City adopted goals,
policies, standards, and guidelines. As individual projects are brought forward for implementation, they
will be reviewed by the City staff, Architectural Review Commission (ARC), and Planning Commission
(PC), in accordance with City regulations.
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The Circulation Framework of the Development Plan includes the planned circulation system
elements, design standards, and circulation system phasing. This Framework also addresses parking and
loading standards, if different than standard City requirements, transit needs, and non-vehicular modes
of circulation such as pedestrians and bicycles.
Finally, the Development Plan includes an Infrastructure/Public Facilities Framework that
covers those requirements (water, sewer, storm drainage, electricity, natural gas, and communications)
as well as parkland, schools and other public facilities. For infrastructure, the framework addresses the
planned trunk infrastructure system improvements and system phasing necessary to support
implementation of the land-use plan and financing mechanisms to implement planned facilities.
The General Plan sets out special planning and development objectives for the Avila Ranch site
to be addressed in the Avila Ranch subarea of the AASP. This Development Plan includes features
responsive to these requirements. Various General Plan objectives are intended to ensure that the site
is developed primarily as a residential neighborhood with supporting commercial, and recreation
facilities, and provisions for onsite and offsite open space/resource protection. Land Use Element Policy
8.1.6 indicates the Development Plan for this area should consider and address the following land use
and design issues:
a. Provision of a variety of housing types and affordability levels.
b. Modification of the Airport Area Specific Plan to either exclude this area or designate it as a
special planning area within the Airport Area Specific Plan.
c. Provision of buffers along Buckley Road and along the eastern edge of the property from
adjacent agricultural uses.
d. Provision of open space buffers along northern and western boundaries to separate this
development from adjacent service and manufacturing uses.
e. Provision of open space buffers and protections for Tank Farm Creek to enhance the wildlife
corridor that runs through the property.
f. Conformance to safety and noise parameters described in this General Plan and the purposes
of the State Aeronautics Act, or other applicable regulations such as the San Luis Obispo
County Airport Land Use Plan.
g. Participation in enhancement to Buckley Road and enhancement of the connection of
Buckley Road to South Higuera Street.
h. Appropriate internal and external pedestrian, bicycle, and transit connections to the City’s
circulation network.
i. Implementation of the City’s Bicycle Transportation Plan including connections to the Bob
Jones Trail.
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Avila Ranch Development Plan (approved September 19, 2017) Page 8
j. Provision of water and wastewater infrastructure needs as detailed in the City’s Water and
Wastewater Master Plans. This may include funding and/or construction of a wastewater lift
station.
k. Fire protection and impacts to emergency response times.
l. Architectural design that relates to the pastoral character of the area and preserves view of
agrarian landscapes.
m. Provision of a neighborhood park.
There are several supporting documents associated with the Avila Ranch Development Plan
including the following:
1. Airport Area Specific Plan Amendment (AASP). This document includes the necessary policy,
text and graphics modifications to the AASP to accommodate the implementation of the
Avila Ranch Development Plan. This document includes goals, policies, objectives,
standards, and guidelines for conservation and open space, design, circulation,
infrastructure, and financing associated with implementation of the Avila Ranch project, as
well as development policies associated with the continuing development of the overall
1,500-acre Airport Specific Plan Area. The AASP has been amended to provide for the
development program contained in the Avila Ranch Development Plan.
2. General Plan Conformity Analysis. This document evaluates the conformity of the Avila
Ranch Development Plan with the various applicable polices and regulations in the adopted
elements of the San Luis Obispo General Plan. The Conformity Analysis contains a detailed
response to each applicable General Plan Policy, and demonstrates how the project can be
found to be in substantial compliance with those policies.
3. Storm Water Control Plan. This document is included in the submittal for the Avila Ranch
Vesting Tentative Map and demonstrates compliance of the Development Plan with the
Regional Water Quality Control Board’s (“Water Board”) Low Impact Development (LID)
regulations.
4. Drainage Report. A drainage report was submitted with the Vesting Tentative Map that
analyzed the hydrology for the project site, including pre-development runoff and flooding,
post-development runoff and flooding, and compliance with various City, State and Federal
drainage regulations.
5. Water Supply Assessment. An SB610 Water Supply Assessment was prepared for the
project to demonstrate the adequacy of water supplies for the project.
6. Airport Land Use Plan Conformity Analysis. This analysis included a quantitative analysis of
conformance with the density limitations in the Airport Land Use Plan, and a policy
conformity analysis. This document was reviewed by the Airport Land Use Commission in
May 2015, and again in September 2016 after project modifications were made to develop
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Avila Ranch Development Plan (approved September 19, 2017) Page 9
the Mitigated Project. The project was finally reviewed on December 21, 2016 when it was
found to be consistent with the ALUP by the ALUC.
7. Environmental Technical Studies. Various environmental technical studies (in addition to
those above) have been prepared that have informed the creation of the Development Plan.
These documents include:
a. Traffic Impact Analysis and Report
b. Biological Reconnaissance Study
c. Wetlands Study and Delineation
d. Cultural Resources Evaluation and Inventory
e. Noise Impact Evaluation
f. Phase 1 and Phase 2 Environmental Site Assessments
g. Soils Report and Infiltration Report
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Project Overview
Introduction and Project Features
The Avila Ranch site is composed of
approximately 150 contiguous acres at
the northeast corner of Buckley Road and
Vachell Lane, and is comprised of three
separate parcels: APN: 053-259-006, APN:
053-259-04 and APN: 053-259-005 (See
Figures 1 through 3). The site slopes from the
northeast to southwest, although there are
localized undulations. It is diagonally bisected
by a drainage that is colloquially referred to as
“Tank Farm Creek” which conveys on- and off-
site storm drainage indirectly to San Luis Creek
and comprises approximately 14 acres of the
150-acre site.
The site was annexed to the City in 2008 after the adoption of the original Airport Area Specific
Plan (AASP). At that time, it was given a holding land use designation of Business Park, the same
designation the County of San Luis Obispo applied to it in 2000, prior to its annexation to the City. The
Business Park land use designation is in significant supply in the city and surrounding areas. The City’s
Sphere of Influence is adjacent with the southern boundary of the site, which also includes properties to
the east and west of the project. See Figure 3.
As approved in September 2017, Avila Ranch would include approximately 720 dwelling units
with a diverse range of housing needs, a centrally located “Town Center” with 15,000 square feet of
local-serving retail and office uses, 16 acres of pocket parks, mini-parks and neighborhood parks, and 53
acres of riparian open and farmed agricultural land. There will be riparian recreation, open space,
community gardens and bike connections to the Chevron and Octagon Barn bike facilities, among other
amenities.
Figure 1 Project Location
Avila Ranch
Buckley Road
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Figure 2 Vicinity
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Figure 3 Vicinity and Site
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Sustainable Energy Features
The Avila Ranch project will be a model for sustainable
development practices. It is intended to be compliant with the
U.S. Green Building Council’s Leadership in Energy and
Environmental Design for Neighborhood Development (“LEED-
ND”), and City of San Luis Obispo’s Cal Green checklist. Just a
few of the features include:
1. Compliance with SLO Green Build passive solar
guidelines for building orientation, south glazing and
thermal mass.
2. Pervious alternatives to hardscape.
3. Compliance with GreenPoint rated- single family, GreenPoint-multifamily and CalGreen
checklists.
4. High-efficiency Energy Star fixtures, appliances, and features.
5. Consistent with the requirements of Section 7.07 of the Development Agreement, single
family detached residential buildings that are at least 15 percent more energy efficient than
the 2016 California Energy Efficiency (“Title 24”) standards, and multifamily residential and
non-residential structures that are at least 10 percent more energy efficient than the 2016
Title 24 standards.
6. Alternative energy systems (photovoltaic solar) included on residential and non-residential
units in the project. The current City guideline (GP Conservation Policy 4.6.17) is for at least
30 percent of the single-family units to be supplied with basic photovoltaic (PV) systems.
The project will exceed that by requiring that the project include rooftop or solar canopy PV
systems that provide energy saving improvements consistent with General Plan policy.
7. Shared Mobility strategies are included to reduce the necessity for additional vehicles for
each family. Car sharing would be provided in the development at an initial rate of one car
per 50 residences (with adjustments to increase or decrease vehicles based on actual
demand and usage), with at least 50 percent of that fleet in the form of electric vehicles.
Vehicles would be stored onsite, on street, in guest parking spaces, near public parks and on
public streets, as permitted. There would also be a bike sharing program, or provision of
bicycles for each household or tenant.
8. Building design standards intended to comply with the Clean Energy Choice Program. To
meet the 2019 building code changes, there are design requirements for the usage of
Advanced Framing and more energy efficient wall, floor and ceiling assemblies, Quality
Insulation Installations, and Compact Demand Hot Water and plumbing. Advanced
Framing/Engineering involves wider stud placement to decrease transmission loss and
reduction in required framing lumber. Quality Insulation Installation (QII) will minimize
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Avila Ranch Development Plan (approved September 19, 2017) Page 14
heating and cooling losses, compact plumbing to minimize plumbing runs and distance
between hot water taps and water heaters, and usage of EPA WaterSense fixtures to reduce
indoor water usage. These standards were reviewed by the California Energy Commission’s
“Reach Code” process and adopted by the City Council and are promulgated as amendments
to the CA Energy Code.
9. Compliance with the San Luis Obispo County Air Pollution Control District’s optional
mitigation measures, including those set forth in Table 3.3-9 of the EIR. These include such
features as Walkable Streets and dense bike path, transit improvements, traffic calming,
dense pattern of pedestrian and bike circulation improvements, water conservation
strategies, EV charging stations in common areas, and car sharing.
10. Compliance with the City’s Climate Action Plan.
11. Project features and measures to reduce average daily potable water usage consistent with
the requirements of Section 7.08 of the Development Agreement.
Sustainable Open Space and Agriculture
The project will include improvements to the existing riparian corridors for habitat
enhancements, drainage controls, and pedestrian and bicycle paths. Onsite open space will total over
53 acres in accordance with LUCE Policy 8.1.6, including 36 acres for sustainable agriculture, and 17
acres for riparian open space. The sustainable agriculture will be dedicated to the production of local
produce through practices that are environmentally responsible and compatible with the surrounding
environment.
Progressive storm-water treatment and management improvements will also be used to further
the community’s Low Impact Development goals through bio-retention swales, runoff treatment and
filtration, permeable paving and pavement systems, water retention gardens and other integrated
treatment detention/retention systems. These facilities will also have the added benefit of providing
open-space and aesthetic value. These improvements will also solve storm-water issues associated with
upstream and adjacent properties.
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A Complete “Linked” Community
The surrounding neighborhood provides a
wealth of services, facilities and resources. Day care,
drug stores, restaurants, schools, an upscale
convenience store, a bank, several places of worship,
a fitness center, medical and/or dental services,
personal-care services, and a full-service supermarket
are currently located within biking or walking distance
of the Avila Ranch. In addition, there are currently
over 2,500 jobs within a half mile distance of walking
or biking. An integrated web of pedestrian and bicycle
pathways will be developed along the public street system, dedicated pedestrian pathways, and riparian
bike paths.
To augment these existing services and
facilities, the community will offer a 9.5-acre
neighborhood park, eight (8) mini-parks within one-
eighth mile of residential units, a pocket park, the
Tank Farm Creek Riparian Corridor and a “Town
Center” with a community center, convenience goods
and services. The Town Center will function as more
than just a commercial destination. It will have plaza
areas for public gatherings, parking to be shared with
the adjacent neighborhood park and the Tank Farm
Creek riparian corridor, and areas for a trailhead that is connected by local, community and regional
roadways, bike trails, pedestrian linkages and transit. More than just an area for daily shopping and
convenience goods, the Town Center will serve as a community gathering place, a transit hub, and a
location for occasional community events and gatherings. A fully improved transit/trolley/school
bus/van pool stop will also be included as part of the community’s Town Center.
A Diverse Range of Housing Opportunities
The project will reflect a wide range of
housing across the economic and socio-economic
spectrum. It will also be characterized by styles that
have the detailing and architectural authenticity for
which San Luis Obispo has become known, with a
wide enough range in styles to create neighborhood
identities and avoid monotony and repetition. There
will be areas for traditional single-family units of
varying designs, smaller lot R-2 single family
detached units, attached single family cluster units and medium- and high-density multifamily units.
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In particular, the project will provide housing that will appeal to the community’s “workforce”
housing needs with unit sizes, pricing and amenities for small families, professionals, retirees, “empty
nesters” and larger families. Based on the approved Development Agreement, the project will provide a
substantial number of housing units that are both deed restricted and market rate affordable to families
with moderate and “workforce” incomes with some units affordable to lower income households. The
project includes new, smaller unit sizes (“Pocket Cottages of 1,000 SF to 1,200 SF) in the R-2 area to
widen the socio-economic base of that area and to offer a lower market rate price point. Within the R-2
area all unit sizes range from approximately 1,000 SF to 2,100 SF. Conversely, the R-3 area now includes
townhomes and some larger “duplex” units to introduce larger units for larger families or for “move up”
R-3 units, and the unit size range in the R-3 area now includes units ranging in size from 700 square foot
units to 1,750 square foot units. The R-4 multifamily units will offer smaller studios ranging in size from
550 square foot rental units to 1,150 square foot units for larger families.
The project’s architectural styles will be respectful of
local traditions and culture, while meeting present-day
lifestyle needs. Anticipated architectural styles are expected
to include highly detailed Agrarian/Ranch, Bungalow,
Mission, Craftsman Bungalows, and Contemporary/Mid-
Century Modern. Neighborhoods will be organized around
the project’s open-space features with a neighborhood park,
pocket park or open-space amenity within walking distance.
Public buildings, park structures and structures in civic meeting places will use an agricultural theme,
such as modern or contemporary barn architecture.
Major City Development Objectives
The project site has been identified in the adopted General Plan as one of the principal potential
growth sites in the community over the next 10-20 years. In addition to the General Plan objectives
noted above, and the conformance with General Plan policies noted in the General Plan Conformity
Analysis, it will promote several community objectives that are furthered or achieved by the project, as
follows:
1. Completion of the Buckley Road Extension. The City and County development plans
consider the extension of Buckley Road to South Higuera Street as an essential element of
the community’s circulation network. The extension of Buckley Road from Vachell Lane to
South Higuera is one of the key features of the project. The SLOCOG RTP/Sustainable
Communities Plan considers this improvement a high priority. This will have significant
community and region-wide benefits, as it will provide for direct vehicle connections
between SR 227 and SR 101, and route regional traffic around the edges of the community
rather than through impacted intersections. This connection will also provide a direct
connection between the City’s bikeway system east of Vachell Lane to South Higuera Street,
thereby connecting the City’s bicycle network to the Octagon Barn trailhead for the Bob
Jones Trail.
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2. Completion of Missing Bikeway Links. There are currently bicycle facilities at Santa Fe and
Tank Farm Road, and portions of the Bob Jones City to Sea Trail at Los Osos Valley Road
and Highway 101, and at Ontario and Highway 101. The County of San Luis Obispo is
currently processing an extension of the Bob Jones Trail to connect it to the Octagon Barn to
serve as a trailhead and hub. The extension of Buckley Road, the onsite riparian bikeway
along Tank Farm Creek and the bikeway improvements along the Buckley will complete this
trail network. All in all, the project will result in the addition of almost three miles of bicycle
paths and lanes, pedestrian trails, and completion of critical missing important links in the
overall bicycle network, critical transportation priority in the community.
3. Correction of Hydrology and Flooding. Over the years, the Tank Farm Creek corridor has
been neglected and suffers from overgrown, choked channels. This corridor will be
rehabilitated and adjacent green spaces developed which will include Class I bike paths,
pocket parks and pedestrian/bikeway overpasses. There are also drainage concerns along
Suburban Road, Vachell Road and Buckley Road, many resulting from incremental, site-
specific drainage problems over the years. There are also drainage concerns associated with
the former “Dioptics” building/site at Venture and Vachell Lane that will be addressed.
4. Oversizing of Infrastructure. The City plans to serve all areas within the AASP with sewer
and water services, once they are annexed to the City. The project will extend and route
domestic water, recycled water and sewer service through the project site and make it
available for extension to the east. Sewer and water mains will also be installed, to the
extent feasible, along Suburban Road to serve the properties along Suburban that were
annexed to the City in 2008, but developed in the County.
5. Climate Action Plan. The City has a renewed emphasis on the Climate Action Plan and air
quality issues. Many of the new features are designed to address those priorities.
Environmental Setting and Background Information
The environmental impacts of development on the property were evaluated in the Airport Area
Specific Plan EIR, certified by the City Council in August 2005. Recently, the AASP was amended to
address changes in the Chevron site and the LUCE was amended. In addition, there have been several
site-specific technical studies that have informed the development of the project. A summary of those
issues and findings, as they pertain to the project site, are summarized below.
Flooding and Hydrology
As noted, a portion of the project is in the FEMA 100-year flood plain. According to City
documents, any project components within a 100-year flood plain would be subject to a “no net fill”
requirement, and building pads would have to be elevated at least one foot above base flood elevation.
Figure 4 shows the pre-development 100-year flood plain. Figure 5 shows the predevelopment flood
areas.
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A system of approximately twenty-two (22) sub basins is planned to provide the required LID
retention, detention and storm water treatment. These basins provide localized detention, retention
and storm-water filtration/quality enhancement to the various neighborhoods and have a collective
capacity necessary to provide detention adequate to accommodate a 50-year event, and retention
necessary to accommodate a 25-year event. In order to accommodate offsite storm drainage an
engineered swale will be provided along the north property line. This feature will convey existing
offsite flows to Tank Farm Creek. Figure 5 shows the post development flood prone areas. As part of
this project, the north-south portion of Tank Farm Creek will be widened to accommodate and channel
offsite flood flows that come from the Suburban Road area and runoff from South Hills through Tank
Farm Creek.
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Figure 4 Predevelopment Flood Areas
Figure 5 Post Development Flood Areas
Biological Resources
The AASP EIR and the LUCE EIR identified a number of species of concern on or near the project
site. Biological resources surveys and wetland delineations were prepared by Althouse and Meade
between 2012 and 2016. The initial biological findings show the project can improve the biological
conditions, protect the corridor, enhance the connectivity for wildlife, and upgrade the biological value
of the Tank Farm Creek area. The site development plan includes replacement and improvement at
mitigation ratios acceptable to state and federal regulatory agencies. The project includes riparian
setbacks and wildlife corridors along Tank Farm Creek that are significantly above City minimums.
Soils and Geology
There are no expected impacts related to soils and geology. A review of the SCS Soil Survey map
for San Luis Obispo, indicates four classifications of soil are primarily found in the area. Soils and
geology surveys were conducted on the site, and for the Buckley Road extension. Soils in the vicinity of
the Buckley Road extension may have some serpentine soils and the potential for naturally occurring
asbestos; however, the studies along the planned alignment yielded limited exposure and routine
mitigations specified by the State and APCD are included in the project.
Soils on the project site are classified as Concepcion loam, Cropley clay, Marimel sandy clay, and
Salinas clay. All are fanned from alluvium derived from sedimentary rocks and have slopes ranging from
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zero to nine percent. These soils are found on terraces, alluvial fans, flood basins and in small basins.
Characteristics of these soils are as follows:
Concepcion loam. 2 to 5 percent slopes.
The Concepcion loam constitutes about half of the site, generally easterly of the Tank Farm
Creek alignment. It is a very deep, moderately well drained, gently sloping soil fanned on marine
terraces. It is derived from old alluvium weathered from sedimentary rocks. The Concepcion soil
permeability is very slow and the surface run off is slow. In a representative profile, the surface layer is a
very dark gray loam. Below this dark gray layer is a light brownish gray sandy loam. The national hydric
soils list does not identify the Conception series as a hydric soil.
This soil type is considered a non-prime farmland soil with a land capability rating of 3, and has a
California Revised Storie Index rating of “Poor.” It is a farmland of local importance.
Cropley clay 2 to 9 percent slopes.
This soil type represents about one-fourth of the site and includes the area generally east of the
former Dioptics/current Trust Automation building at 125 Venture Drive, and north of Tank Farm Creek.
This soil was formed from alluvium derived from sedimentary rocks and have slopes ranging from zero
to two percent. These soils are found on terraces, alluvial fans, flood basins and in small basins. Cropley
clay soils are moderately well drained and have slow permeability. In a representative profile the surface
layer is a very dark gray silty clay to about 36 inches. Below this dark gray layer is a yellowish brown silty
clay loam.
The soil type is considered a non-prime farmland soil with a land capability rating of 2 when
irrigated, and 3 when not. It has a California Revised Storie Index rating of “Fair”. It is considered
farmland of local importance.
Marimel sandy clay loam. Occasionally flooded.
The Marimel sandy clay soils group comprises most of the rest of the project site and is in the
southwest corner of the project site. This soil is very deep, somewhat poorly drained, nearly level, on
alluvial fans, floodplains, and narrow valleys. It is formed in alluvium weathered from sedimentary
rocks. and exhibit moderately slow permeability and slow surface runoff. In a representative profile, the
surface layer is a grayish brown sandy clay loam. Below this layer is a mixed grey and pale olive silty clay
loam.
The soil type is considered a non-prime farmland soil with a land capability rating of 3. It has a
California Revised Storie Index rating of “Fair. It is classified as farmland of local importance.
Salinas Silty Clay, 0 to 2 percent slopes
The Salinas Silty Clay soils on the site cover approximately 10 acres and generally run parallel to
Buckley Road up to Tank Farm Creek, outside the Urban Reserve Line and in the designated agricultural
buffer. They are very deep, well drained, nearly level on alluvial fans, floodplains and narrow valleys.
The soil is formed in alluvium weathered from sedimentary rocks and exhibit moderate to rapid
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permeability. This soil type is considered Class 1 “prime” soils when irrigated; however, they are
considered Class 3 non-prime soils if dry farmed, as is the current practice.
Soil permeability on the site generally follows the soil type capabilities, with areas to the
southwest slower and somewhat more compacted below the depth of cultivation according to soil
permeability tests performed on the site. The Concepcion group has pockets that are highly permeable
and suitable for onsite drainage and water management. According to the percolation analysis,
approximately two thirds of the Concepcion portion of the site has soil permeability that is classified as
moderate to rapid.
Hazardous Materials/Assessment
A Phase I and Phase II Preliminary Site Assessment (PSA) were conducted for the project by
Grisanti and Associates of Los Osos in 2012. The Phase I assessment revealed a well-known occurrence
of inundation of the site during the 1926 Unocal Tank Farm fire. Although limited testing completed for
the Phase I report did not reveal any remnant on-site contaminants from that event, a Phase II study
was considered prudent to conclusively eliminate the possibility of remnant hydrocarbons from that
event, and for pesticides. The Phase II assessment concluded that “…the Laboratory Reports of Analysis
showed no detectable concentration of any pesticides, herbicides or hydrocarbons. Based on the
previous submitted Avila Ranch Property Preliminary Assessment and the Phase II evaluation of the
property, the tests exceeded reasonable due diligence requirements of the PSA evaluation of this
property and further assessment activities are not warranted.”
Noise
No noise issues were identified in the AASP EIR. There are, however, potential concerns
associated with uses on the south side of Suburban Road adjacent to the project, and future traffic on
Buckley Road. As part of the project, buffer areas are to be provided along the north and northwest
property lines. Agricultural buffers provide setbacks to Buckley Road, the main noise-generating road
facility. The Airport Land Use Plan’s noise contours do not conflict with the planned land uses. The
Final EIR for the Airport Master Plan demonstrates noise levels on the project site do not exceed City
standards. A review of the ALUP noise contours, as part of the Airport Land Use Commission review of
the pre-application for the Development Plan, confirmed that these contours do not materially affect
the project.
A noise monitoring study was prepared by David Lord and demonstrated that there were no
significant aircraft peak or average daily noise concerns associated with development of the project. He
also concluded there are no stationary source noise concerns but future noise from Buckley Road traffic
may exceed city standards. In order to address potential overflight as a nuisance concern, the project
will include noise mitigation measures to limit aircraft-related interior 24-hour, 10-second interval peak
noise level (“Lmax”) to 45 decibels, as described in amended AASP Policy 4.5.3, in order to reduce
potential complaints from residents. There are also special measures associated with the R-4 units
located adjacent to the Suburban Road industrial uses, as well as R-1 and R-2 units that may be within
300 feet of Buckley Road (MM NO-3a).
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Air Quality
Construction related impacts are to be mitigated through measures identified in the EIR. Long-
term air-quality impacts were found to be mitigable, and consistent with the local Climate Action Plan.
According to the EIR, the project has a vehicle miles traveled (VMT) metric that is lower than the
SLOCOG standard and the Citywide average. Additional features to further reduce VMT and air quality
impacts are described in Table 3.3-9 in the EIR. The project also introduces a number of features such as
car sharing, bike sharing and enhanced transit, extensive bike and pedestrian connections and
improvements, school bus service, and other features. The project will also establish standards for
compliance with applicable City energy requirements, including Section 7.07 of the Development
Agreement for this project.
To comply with City requirements, there are design requirements to increase the energy
efficiency of single family residential units (R-1 and R-2) and for non-residential and multifamily
residential units (NC, R-3 and R-4).. These improvements will include the use of Advanced Framing and
more energy efficient wall, floor and ceiling assemblies, quality Insulation installations, and compact on-
demand hot water and plumbing. Standards are also set for the use of Solar PV for each building type,
for adequate roof area for the solar arrays, and for the placement of solar canopies in common parking
lots of multifamily and non-residential areas.
Cultural Resources
Implementation of the project would entail ground disturbance associated with infrastructure
development and construction of new structures, access roads and underground utilities could have an
impact on known or unknown cultural resources. A survey of the site was conducted in 2000 by
Gibson’s Archeological Consulting, followed by a Phase 1 and a Phase 2 analysis in 2015 and 2016 by
Applied Earthworks. The archaeological surface survey consisted of one archaeologist zig-zagging back
and forth examining the surface, rodent burrows, farm roads and other cleared areas around the fields
for any signs of prehistoric cultural materials (including seashell fragments, stone tools and fragments,
stone flakes, bone, burnt rock, etc.) or significant historic cultural materials. An archival records search
was conducted which included the Central Coast Archaeological Information Center located at the
University of California, Santa Barbara. Based on the most recent survey, grading mitigations and
limitations are recommended for the project site. (MM CR-3a).
Agricultural Resources and Preservation
Agricultural production is limited by the availability of irrigation water on the site and the
productivity of the soils. As noted above, and with the exception of the 10 acres of the site in Salinas
silty clay loam along the Buckley Road frontage, the Storie Rating for the soils on the site ranges from
“Fair” to “Poor.” Farming on the site has been ongoing for many years, with three crops grown on the
site in most years, primarily dry grains such as barley and wheat, occasional safflower, and beans. Crops
are normally dry farmed, or at least selectively irrigated, and crop yields are somewhat lower than the
County average. Single crop barley revenue yields are approximately $150 per acre. Safflower yields
approximately twice the revenue per acre when cultivated; however, this crop depends on irrigation at a
rate of approximately 0.5-acre feet per acre, or higher-than-average precipitation. For purposes of
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analysis, agricultural productivity from the site is approximately $25,000 to $35,000 per year for the 140
acres that acre capable of being cultivated. Agricultural productivity on the site is significantly below the
County average of $500 per acre for field crops, and the $10,000 per acre revenue rate for fruit and nut
crops, as reported by the San Luis Obispo County Department of Agriculture.
The AASP EIR and the LUCE EIR addressed the loss of ag land due to the annexation and
development of the area. That loss was identified as a significant and irreversible adverse impact that
could not be mitigated. Policies contained in the existing LUCE and Airport Area Specific Plan require
direct dedication of open space areas, or payment of an in-lieu fee, for newly developed and annexed
land. The EIR requires, as a condition of annexation and/or development within the Airport and
Margarita Areas, that developers be required to dedicate open space land or pay in-lieu fees to secure
open-- space easements on agricultural land outside the URL at a ratio or no less than 1:1. The project
will convert 96 acres from agricultural to non-agricultural use within the designated URL. There are 35
acres± of agricultural area set aside within the project boundaries. An additional 71 acres of off-site
agricultural conservation area will be identified at least equal to or better agricultural production
capability or, alternatively, via establishment of an in-lieu fee. In addition, the frontage along Buckley
Road will be planted with more productive crops like those of adjoining properties which will result in
the agricultural production on the site equally or exceeding the present valuations. Appendix H shows
the phasing of the agricultural conservation easements to comply with MM AG-1 of the Avila Ranch EIR.
Airport Safety
A significant amount of technical work has been completed by the City to document the
appropriate area for special safety regulations to ensure long-term viability of the San Luis Obispo
Regional Airport (SBP). This included a study by a professional aviation land-use planning consultant
under contract with the City. As part of the process of developing the Avila Ranch Development Plan,
the Airport Land Use Commission reviewed the project’s compatibility analysis and initial concepts to
achieve compliance and found the plan reflects safety, noise, overflight, airspace protection and other
issues identified in the ALUP. A pre-application was submitted to the ALUC in April of 2015 which found
that the Development Plan could be found to be consistent with the ALUP if presented in substantially
the same format. Follow-up presentations were made to the ALUC in June and September of 2016, and
a formal application was submitted in November 2016. The pre-application and application studies
concluded that the project was consistent with the ALUP, and in December 2016 the ALUC found that
the Avila Ranch project was in conformance with the Airport Land Use Plan.
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Land Use Plan and Framework
Land Use
The Project includes a land use plan which designates approximately 55.3 acres of residential
land uses, 71.3 acres of open space and parks, and 1.9 acres of neighborhood commercial development
(see Table 1 and Figure 6). This would allow for the development of approximately 720 residential units
and 15,000 square feet (sf) of commercial buildings. Low, medium, medium-high, and high density
residential developments would be constructed along planned collector and residential roadways. One
neighborhood park, eight mini-parks, and a pocket park would be established as part of the 18+ acres of
park space planned for the Project site. The Land Plan for the project is shown in Figure 6.
Low Density Residential (R-1) designation for the Avila Ranch area is for new single-family
residential development. It is expected that there will be 100-110 Low Density Residential dwelling
units on 13 acres including a range of lot sizes from 5,000 SF to 10,000 SF units with a mixture of front
garages and alley loaded garages. Maximum density would be up to eight units per net acre. Potential
unit sizes will range from 1,650 square feet to 2,500 square feet. Sheet A7 in Appendix A shows the
planned layout of the R-1 neighborhood.
The Medium Density Residential (R-2) designation in the Avila Ranch area will be primarily 4-
pack, 6-pack and cluster units on single-family detached lots. Total R-2 development in the Avila Ranch
area is projected to be approximately 300 dwelling units on 27 acres, with maximum potential
development of 12 units per net acre. The R-2 units may be in several different configurations, and
development shall comply with the design standards in the Avila Ranch Development Plan. A Small
Cluster “Pocket Cottage” concept has been included to address the need for relatively smaller unit sizes
on smaller lots; these units are illustrated in Sheets A-4 through A-6, and A-17 in Appendix A and range
in size from 1,000 square feet to 1,250 square feet and include more limited parking. The R-2 lots will
be oriented to provide small-lot “work force” housing with some of the housing sizes and corresponding
initial sales prices aimed at those families with incomes equal to 120 percent to 160 percent of City
Median Family income. , Unit sizes in the R-2 area will range from approximately 1,000 square feet to
2,400 square feet. Sheets A-4 through A6 in Appendix A show the planned layout of the R-2
neighborhoods.
Medium High Density Residential (R-3) the Medium-High Density Residential land use
designation is for a combination of stacked flats apartments, townhomes and condominiums arranged
around a central amenity or open space. The R-3 portion of the Avila Ranch project is expected to yield
approximately 200 dwelling units on eleven acres, but may include up to 20 density units per acre in
accordance with Chapters 17.16.010 and 17.28 of the City’s Zoning regulations. The planned
development types for the R-3 zone will include townhomes and duplexes organized around central
park area. Unit sizes will range from approximately 700-square foot for-sale and for-rent studios in the
townhome portion to approximately 1,750 square foot duplexes. Sheet A-9 in Appendix A shows the
planned layout of the R-3 townhomes and duplexes.
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Figure 6 Avila Ranch Land Use Plan
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High Density Residential (R-4) residential land uses will include stacked flat apartments,
arranged around, or associated with a central amenity or open space. The Avila Ranch R-4 land use area
is in the northwest corner of the project, adjacent to existing and future Business Park and Service
Commercial developments. While dwelling units in the R-4 land use area are not considered to be
subject to excessive stationary noise impacts (based on the noise study prepared for the project), the
sleeping and living portions of the dwelling units are to be oriented away from the eastern and northern
project boundaries and carports, garages, and drives are to be located along these boundaries to act as
buffers to adjacent non-residential land uses. The R-4 portion of the Avila Ranch project is expected to
yield between 120-130 dwelling units on the 4.05 acres, excluding the temporary 12,451± square foot
fire station, and may include 24+ density units per the Development Agreement. Sheet A-6 shows the
planned layout of the R-4 apartment area.
The Conservation/Open Space designation is intended to preserve undeveloped or minimally
developed land for preservation of natural resources, production agriculture and public safety. The
LUCE provides that fifty percent of the site area shall be provided in open space, with up to one-third of
that provided offsite. For this project site of 150 acres, there would be a minimum requirement of 50
acres of onsite open space. The total amount of planned onsite open space (not including recreational
park areas) is 53 acres. The balance of the required open space will be provided offsite through open
space or agricultural conservation easements, or through a fee as established in the AASP. The Avila
Ranch Development Plan designates the following specific areas for open space:
A. Planning area creeks: to protect and enhance habitat and recreational values;
B. Agricultural buffer areas outside of the URL along the
Buckley Road frontage and the easterly project
boundary. Within the agricultural buffer area along
Buckley Road and outside of the URL, furrows and
planted rows should run parallel to the extended
Runway 7-25 centerline, where feasible to enhance
aircraft safety.
C. The ACOS Reservation Space in conformance with the
ALUP.
D. The Tank Farm Creek corridor as a linear park, bikeway and passive recreation areas.
Figure 7 shows the relationship of the elements of the project and the site’s open space features.
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Figure 7 Land Plan and Tank Farm Creek
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The Neighborhood Commercial area will serve as a
focal point and activity center for the project, and will
provide shared use parking for nearby open space and parks
uses, bicycle parking and storage facilities, public plazas for
gatherings and special events, and transit connections.
Because of the nearby retail shopping center on South
Higuera, this neighborhood center will focus on small-scale
convenience items, and possibly provide some office space.
Development will be for 15,000 SF or building area. Sheet A-7
and A-8 show a conceptual layout of the Town Center and Neighborhood Commercial area.
Table 2
Land Plan Statistics
Parks and Recreation
“Expansion Areas”, as defined in the General Plan, are required to provide park and recreation
facilities at a rate of 10 acres per 1,000 residents, four times the current citywide average. These
facilities are to be provided in a mix of neighborhood parks, mini-parks, and pocket parks and
community gardens, with at least half of the requirement (5 acres per thousand) in a neighborhood
park. The neighborhood park is to be located within one-half to one mile of the serviced population.
The projected residential population on the project site is 1,649 persons, which creates a park
requirement of 16.5 acres. The neighborhood, mini-park and pocket park facilities on the project site
will total 18 acres (not including pedestrian trails and passive open space).
A 9.5-acre neighborhood park will serve the project. It is centrally located next to the Town
Center so that most residents will be within one-half mile to it. This neighborhood park will be linked to
surrounding neighborhoods, the Tank Farm Creek riparian corridor and to the regional bikeway system
by separated Class I bike paths and Class II bike lanes, and special ped/bike bridges over Tank Farm
Land Use Acres Percent of Total
Acres Units
Residential 55.30 36.9% 720 units
R-1 Low Density (7 du/acre) 12.80 8.5% 101
R-2 Medium Density (12 du/acre) 27.30 18.2% 297
R-3 Medium-High Density (20 du/acre) 10.80 7.2% 197
R-4 High Density (24 du/acre) 4.40 2.9% 125
Affordable Housing Units
Neighborhood Commercial 1.86 1.2% 15,000 sf
Roadways 21.71 14.5%
Open Space and Parks 71.04 47.4%
Open Space 53.00 35.4%
Parks 18.00 12.0%
Total 149.91 100.0%
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Creek. According to the concept plan approved by the Park and Recreation Commission (See Appendix
B) the neighborhood park will include group BBQs, basketball courts, tot lots, baseball diamonds, soccer
fields, pickleball courts, tennis courts, a dog park, a skate park, and a community meeting pavilion area.
Eight mini-parks and a pocket park will also
serve the neighborhoods. Each will be approximately
one-half to 2.5 acres in size and provide facilities such
as community gardens, tot lots, passive play areas,
BBQ and picnic areas, basketball courts, community
gardens, dog park, and landscaping. These will serve
residents within a two-block radius and fill the few
“gaps” in the coverage for the neighborhood park
facilities. The mini-parks will be phased with adjacent
residential development to provide park facilities for
future residents near their homes. Figure 8 shows the location of parks in the project.
Residential Uses and Affordability
There is an intentional mix of residential
densities in the Avila Ranch project that includes a
range of R-1 lot sizes, R-2 “four-packs”, “six-packs”
(pocket cottage), and “eight-packs” (cluster units),
and R-3 and R-4 multifamily dwellings, with an
emphasis on smaller lot, higher density units. R-2
units comprise over forty percent of the residential
units, and medium density and above units will
comprise over 85 percent of the units in the project.
In contrast to other recent projects, the average unit
size across the entire project is approximately 1,500
square feet, compared to an approximate 1,750 square foot average for recent developments in the
Margarita and Orcutt Specific Plan areas. These R-2 units can provide a substantial contribution towards
the need for “workforce” housing and housing for moderate income families. The R-2 single family units
are located where there are streetscape benefits (functionally and aesthetically) from few driveway cuts
and orientation to open space. For example, houses will have front doors facing Venture Road, an
important Residential Collector, but access points will be limited to intersecting public streets, or
through rear or side common driveways.
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Figure 8 Park Locations
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An additional concept that has been included
in the update are the “Pocket Cottage” units. These
units are included to meet the needs of young
professionals, empty nesters and young families.
They are smaller in scale and have floor plans ranging
from 1,000 to 1,200 square feet in 2BR/2B and
3BR/2B configurations. They have private patios and
open space is provided through a shared front yard
area.
Single-family units in the project comprise
about 15 percent of the residential uses in the development. Lot sizes for the R-1 single-family units are
planned to range from a low of 4,000 SF to a high of 8,500 square feet. These units are intended to
address the upper end of the workforce housing and other above- moderate housing needs. The R-1
units are in two configurations, one adjacent to the Town Center which will have alley-loaded units and
common yard areas, and a traditional single-family portion with front-loaded lots.
The project includes 197 R-3 multifamily units
on 11 acres that range in size from approximately 700
square foot for-sale and for-rent units up to 1,750
square foot units. The multi-family units, which may
include both duplex and townhome units, will offer
many of the advantages of single-family detached
homes, but with common open space. The R-3
portion of the project is organized around a central
one-acre park that will oriented around an enhanced
riparian corridor. A portion of the R-3 zone will
include inclusionary housing units for low and
moderate-income buyers pursuant to the City’s guidelines.
Finally, the project will include a substantial
number of apartment units that are near employment
and shopping at Suburban and Higuera. The R-4
apartment portion of the project will be directly
served by an on-street transit stop and will be within
walking distance of nearby shopping. An
approximately 1.2-acre portion of R-4 zone will be
dedicated to an affordable housing provider to
address the local need for lower income housing and
to satisfy, in part, City affordable housing requirements. Unit sizes in the R-4 apartment portion will
range from 550 to 1,150 square feet.
The Avila Ranch project will encourage long term housing affordability by including design and
development strategies that serve to provide lower cost housing. The cost of housing over time is most
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closely related to the size of the dwelling unit, the size of the lot, and costs of maintenance. Within each
of the residential zones there will be a broad range of dwelling unit sizes from approximately 550 square
foot units in the R-4 area to 2,300 square foot single family detached units in the R-1 zone The average
size of the units in the development is less than 1,500 square feet; by comparison, recent developments
in the Margarita Area and the Orcutt Area have averages more than 1,750 square feet. Maintenance
expenses, to the extent feasible, will also be included in a Community Facilities District to reduce the
necessity for Homeowners Associations, and the higher costs associated with that maintenance and
governance structure. Landscape maintenance and cost of water and utilities will also be reduced
because of the drought tolerant landscaping, smaller lots and other features.
The commitment to not cause an increase in
community greenhouse gas emissions and compliance
with the Development Agreement in the context of
City energy use requirements will further reduce
utility costs for Avila Ranch residents well below the
level of typical new residential units in San Luis
Obispo. Landscaping will also be designed to be low-
maintenance and water efficient to reduce monthly
water expense and landscape maintenance. Passive
and active solar energy strategies will also be included to reduce monthly energy costs. Finally, the
presence of onsite transit, car sharing and bike sharing programs will reduce the residents’ reliance on
private automobiles and possibly the need for a household to have multiple vehicles.
The project’s car sharing program will help reduce the project’s air quality impacts by reducing
VMTs, but it will have a more direct and profound effect on the housing affordability issues by reducing
the need to own multiple cars. A recent study found that car share program members drive nearly 50%
less after joining, and that nearly 30% of them reduced their household vehicle ownership and two-
thirds of the households avoided purchasing another car. This program could contribute hundreds of
dollars per month to household budgets in avoided vehicle costs.
Revitalizing Tank Farm Creek
One of the key project components is the revitalization of Tank Farm Creek, which is used as the
principal organizing element for the overall project design. Aesthetically and topographically, this site
feature defines the neighborhoods, creates a unifying open-space element, provides the principal
connecting feature through and to the project and provides the potential to provide pedestrian and
bicycle access to the project’s parks and open space. The north-south utilitarian drainage channel
extension of Tank Farm Creek will be enhanced and widened to address offsite storm flows. Sheet A-23
and A-24 in Appendix A show the planned cross sections for Tank Farm Creek (see Sheets A-4 through A-
6 for a key map of the cross sections). (MM BIO-2a).
Project Phasing
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Figure 9 shows the planned phasing of the land uses. This phasing is generally determined by
the required location of sewer and circulation facilities, existing road improvements, site topography,
and market conditions. Phase descriptions are as follows:
Phase 1 includes up to 179 R-2 units, completion of the sewer pump station and force main,
extension of Venture Road along the phase frontage, extension of the potable and recycled water
facilities, and extension of dry utilities to the phase, and extension of Earthwood to Suburban. This
phase would also include the Class I Bike Path from the the corner of Buckley Road and Vachell Lane, as
described in the Circulation section, the extension of the Earthwood Collector (w/Class II bike lane) to
Suburban, and a transit stop along the Earthwood Lane. This phase will be designed with two principal
neighborhood clusters, with each having its own architectural and design identity, as described in the
Design Framework. Circulation improvements associated with this phase will include turn lane
improvements to the Suburban and Higuera intersection, pedestrian and bike lane improvements to
Earthwood between Venture and Suburban, and pedestrian and bike lane improvements on Suburban
between Earthwood and Higuera. This phase will include the development of approximately 2.9 acres of
park land.
Phase 2 will include the development of 29 R-2 units and the extension of the wet and dry
utilities along the phase frontage. This phase will also include the extension of Buckley Road from
Vachell to Higuera, including bike facilities. Concurrent with the opening of the Buckley Road Extension,
left turns from and to Higuera and Vachell will be restricted. This phase would include the development
of an approximately 1.3 acres of park land and the extension of the Class I bike path from Earthwood
Lane to Venture Drive and a permanent or interim bike path or bike lane from Vachell Lane to the
Octagon Barn parking lot, subject to right-of-way availability and any necessary regulatory approvals.
Phase 3 includes 89 R-2 units, and 125 R-4 units, as well as the completion of in tracts
improvements. This phase would also include the development of a 0.8-acre mini-park in that phase.
The R-4 portion of the project would include the dedication of a one-acre site to an affordable housing
provider for the development of 32 inclusionary housing units for lower income households, as well as 8
inclusionary units for moderate income households.
Phase 4 would involve the development of significant additional transportation infrastructure,
including completion of the Buckley Road frontage improvements. This phase would also include the
construction of a vehicle bridge crossing for Venture Lane over Tank Farm Creek, construction of Horizon
Lane north of Venture Lane to Suburban, and the construction of Jespersen Road south of Venture Lane
to Buckley Road. Frontage improvements along Buckley would also be constructed from Phase 1 east to
the eastern project boundary, and the internal loop system for the R-3 portion of the development
would be installed. Pedestrian and bicycle improvements would be made along Suburban between
Horizon and Earthwood. During Phase 4, a 0.9-acre mini-park would be installed in the R-3 area, and
the 9.5-acre Neighborhood Park would be completed. Also, during this phase, the Tank Farm Creek
Class I bike path would be completed to the Chevron open space. The residential portion of the
development would include of 197 R-3 units, including 38 duplex units and 159 townhomes, 18 of which
would be income restricted for low and moderate-income households.
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Phase 5 includes 101 R-1 units. This also includes the development of an additional 2.6 acres
of park area, and the portion of the open space/buffer area within the phase.
Phase 6 includes the development of the Town Center neighborhood commercial sites and
remaining project frontages.
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Figure 9 Phasing Plan
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Design Framework
This section includes design standards and guidelines for the Avila Ranch project. They are
intended to be specific to the Avila Ranch project, and are to work in conjunction with the adopted
goals, policies, standards, and guidelines found in the Airport Area Specific Plan (AASP), the City of San
Luis Obispo Community Design Guidelines (CDG), the City Zoning Ordinance (Chapter 17 of the City of
San Luis Obispo Municipal Code), and other related documents. They are intended to create a
customized design character reflective of the overall vision for Avila Ranch while at the same time
avoiding unnecessary replication of existing City development code documents. Owners, builders,
architects, and designers should refer to these design guidelines, in addition to the AASP, CDG, and City
Zoning Ordinance (Chapter 17), as a guide when considering the design or construction of property
within Avila Ranch. Where specific design standards and guidelines are set forth within these guidelines
and the AASP, they shall be used; where there are design requirements and regulations in the CDG and
Zoning Ordinance that are not in this document or the AASP, the CDG and Zoning Ordinance provisions
shall apply. Note that if in the future the City adopts citywide design standards more stringent than
those included in the Development Plan, the more stringent standards would apply.
As outlined within AASP Chapter 5.0 Community Design, Standards define actions or
requirements that must be fulfilled by new development. Alternatively, Guidelines refer to methods or
approaches that may be used to achieve a stated goal but to provide some flexibility and allow for
interpretation depending upon specific conditions as to how they are satisfied. Collectively, the
standards and guidelines incorporated herein are meant to guide implementation of the vision intended
for the project.
SITE PLANNING AND ORGANIZATION
1.0 Building Orientation and Setbacks
Pedestrian interaction for Avila Ranch is encouraged through the thoughtful placement and
orientation of residential and commercial structures. Porches will be incorporated on street-facing
residential units to provide opportunities for everyday neighborhood interaction. Residential units
fronting onto Residential Collector and Residential Arterial streets such as Venture Drive, Earthwood
Lane, and Jespersen Road will have limited or no vehicle access points to preserve the residential
streetscape without having the interruption of driveways and vehicle maneuvering.
These features of the Residential Collector streets will enhance the safety and convenience of
these streets as principal bikeways.
Standards
1.1 Goals 5.1 and 5.2 (and associated standards and guidelines) outlined within the AASP
shall be referred to and incorporated as part of this Avila Ranch Building Orientation and
Setbacks section.
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Figure 10 R-1 Development Standards
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Figure 11 R-2 Development Standards
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Figure 12 R-3/R-4 Development Standards
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1.2 Residential building setbacks shall conform to the development standards set forth in
Figures 10 through 12 Residential setbacks may vary, but must be in proportion to
the width of the street so that there is at least 75 percent of the units have one foot of
building height for each 1.5 feet of distance from the street centerline to the façade of
the dwelling unit.
1.3 Buildings located within the Neighborhood Commercial Town Center shall have street
yard setbacks of zero feet.
1.4 Neighborhood Commercial buildings shall be sited to address adjacent streets with the
main building facades oriented towards Jespersen Road, according to the proportions
shown in Sheet A-8 and Appendix A.
1.5 Neighborhood Commercial buildings facing streets shall incorporate horizontal and
vertical wall articulation through the use of wall plane offsets and other features which
articulate walls such as recessed windows and entries, second floor setbacks, and
awnings and canopies. There shall also be regular access points along the public street
frontage, preferably every 25-50 feet or as the design allows.
1.6 Residential buildings along Venture Drive, Jespersen Road/Horizon Lane and Earthwood
Lane shall be oriented to the residential street with front doors and porches fronting on
the street. Dwellings along Jespersen Road/Horizon Lane and Venture Drive shall only
have access from the side or rear and there shall be no direct individual driveway access
to these roadways. Individual driveways are not permitted along Earthwood Lane,
except for common driveways, intersecting public streets, and access points for
common parking lots for multifamily units.
1.7 Residential buildings on lots adjacent to greenbelt areas, e.g. Tank Farm Creek, Open
Space, neighborhood parks, and linear parks, shall be oriented with front doors and
porches, or secondary patios and yards fronting on the greenbelt area. Such units shall
have vehicular access from the side or rear and there shall be no direct individual
driveway access to and from the open space.
1.8 Within R-3 and R-4 residential zones,
parking shall be utilized as a buffer.
Within the R-4 zone, buildings along
the north and project boundaries
(eastern property line for R-4 area
east of Earthwood, and the western
property line for area west of
Earthwood) shall be analyzed to
determine noise level reduction
methodologies (e.g., setbacks,
building materials and construction, etc.). To ensure noise compatibility with adjoining
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uses, implement noise level reduction measures to satisfy criteria addressed in MM NO
3a and as noted below.
1.9 Buildings and improvements adjacent to Tank Farm Creek shall have adequate setbacks
to ensure a 35-foot-wide riparian setback to any improvements and adequate slope and
transition area, as per Sheets A-23 and A-24 of the Avila Development Plan in Appendix
A.
1.10 Buildings adjacent to wetlands shall be set back a minimum of 50 feet from the
wetlands.
1.11 R-1 and R-2 residential units planned in the Project site within 300 feet of Buckley Road
and R-4 units in the northwest corner of the Project site shall include noise mitigation
for any potential indoor space and outdoor activity areas that are confirmed to be
above 60 dB(A) as indicated in the Project’s Sound Level Assessment. The following shall
be implemented for residential units with noise levels exceeding 60 dB(A):
a. Outdoor Activity Area Noise Mitigation. Where exterior sound levels exceed CNEL =
60 dBA, noise reduction measures shall be implemented, including but not limited to
exterior living spaces of residential units such as yards and patios shall be oriented
away from Project boundaries that are adjacent to noise-producing uses that exceed
exterior noise levels of CNEL = 60 dBA, such as roadways and industrial/commercial
activities. Construction of additional sound barriers/berms with noise-reducing
features for affected residences. (MM NO 3a)
b. Exterior Glazing. Exterior window glazing for residential units exposed to potential
noise above Ldn=60 dBA shall achieve a minimum Outdoor-Indoor Transmission Class
(OITC) 24 / Sound Transmission Class (STC) 30. Glazing systems with dissimilar
thickness panes shall be used. (MM NO 3a)
c. Exterior Doors Facing Noise Source. According to Section 1207.7 of the California
Building Code, residential unit entry doors from interior spaces shall have a
combined STC 28 rating for any door and frame assemblies. Any balcony and ground
floor entry doors located at bedrooms shall have an STC 30 rating. (MM NO 3a)
d. Exterior Walls. Construction of exterior walls shall consist of a stucco or engineered
building skin system over sheathing, with 4-inch to 6-inch deep metal or wood studs,
fiberglass batt insulation in the stud cavity, and one or two layers of 5/8-inch gypsum
board on the interior face of the wall. If possible, electrical outlets shall not be
installed in exterior walls exposed to noise. If not possible, outlet box pads shall be
applied to all electrical boxes and sealed with non-hardening acoustical sealant. (MM
NO 3a)
e. Supplemental Ventilation. According to the California Building Code, supplemental
ventilation adhering to OITC/STC recommendations shall be provided for residential
units with habitable spaces facing noise levels exceeding Ldn=60 dBA, so that the
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opening of windows is not necessary to meet ventilation requirements.
Supplemental ventilation can also be provided by passive or by fan-powered, ducted
air inlets that extend from the building’s rooftop into the units. If installed, ducted air
inlets shall be acoustically lined through the top-most 6 feet in length and
incorporate one or more 90-degree bends between openings, so as not to
compromise the noise insulating performance of the residential unit’s exterior
envelope. (MM NO 3a)
f. In the northwest to R-4 area, to ensure noise compatibility with adjoining uses,
sleeping and living areas should be oriented away from the north and west property
lines, with west- and north-facing balconies and upper story outdoor activity areas
discouraged. (MM NO 3a)
g. Per AASP Policy 4.5.3, all residential units shall be designed to limit the aircraft-
related 24-hour, 10-second interval peak noise impacts to no more than 45 decibels.
Guidelines
A. In order to improve the visual quality of the streetscape in the R-1 and R-2 zones, every third
house should include a variation to the front yard setback.
B. Front yard setback variations for houses in the R-1 and R-2 zones should not be less than two to
five feet, with a minimum street yard of ten (10) feet.
C. Buildings should be sited and rooflines designed to take advantage of solar access for each unit
to the greatest extent possible.
D. Residential units should be oriented to front or side onto parks and open spaces to provide
safety and maximize visibility of the park, where appropriate. Fencing types and landscaping
palettes shall be used to reinforce the connectivity of the dwelling units to the open space and
park areas.
E. Attached residential units should be designed and detailed to correlate to the neighboring single
- family detached and/or attached homes. The architecture should incorporate the best features
of the neighboring units.
F. Pedestrian linkages to nearby neighborhoods and other commercial projects should be provided
within all zones.
G. Designs for all residential zone units should be oriented to incorporate a relationship between
indoor and outdoor spaces.
H. Buildings should be oriented within R-3 and R-4 zones to take advantage of natural amenities
such as views, mature trees, creeks, riparian corridors, and similar features unique to Avila
Ranch.
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I. Within the R-4 zone, buildings should be the predominant view from adjacent streets. Parking
should be concentrated in areas behind buildings and away from the street.
2.0 Pedestrian Activity Areas
Neighborhood parks, open space trails, plazas, and amenities in the Town Center comprise the
primary pedestrian activity areas within Avila Ranch. These areas are envisioned to encourage healthy,
active lifestyles within individual neighborhoods while also providing a medium for ongoing
neighborhood social events.
Standards
2.1 Goal 5.3 (and associated standards and guidelines) outlined within the AASP shall be
referred to and incorporated as part of this Avila Ranch Pedestrian Activity Areas
section.
2.2 The northwestern and southwestern
corners of Jespersen Road/Horizon
Lane at the R-1 Residential Road
intersection (Town Center) shall
include plazas of a minimum 1,200
square feet that are oriented towards
the Neighborhood Park and Town
Center Plaza as illustrated on Figure
13. Neighborhood Commercial uses
should have windows and entries that
open onto these plazas to ensure that
there is interaction between these
public spaces, retail, and services
uses.
2.3 Mini Parks and Pocket Parks shall be
provided within or adjacent to each
individual neighborhood of Avila
Ranch as delineated in Figure 8.
These parks shall be provided in
accordance with the approved master
plan for parks adopted by the Parks
and Recreation Commission as set forth in Appendix B.
Figure 13 Conceptual Design for Town Center Plazas
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Guidelines
A. Each neighborhood area should provide convenient access to the Tank Farm Creek pedestrian
trail through the incorporation of multiple pathway entry points. See Figure 7.
B. The character of Jespersen Road/Horizon Lane and the R-1 Residential Road abutting the Town
Center should provide a pedestrian-friendly environment with accessible sidewalks, bulbouts,
parkway landscaping, street trees, limited driveway access points, and reduced front building
setbacks.
C. Roundabouts, bulbouts, and decorative paving should be incorporated at primary intersections
locations such as Venture Drive/Earthwood Lane or Jespersen Road/R-1 Residential Road, where
appropriate. Roundabouts shall provide decorative landscaping, including trees that provide for
monumentation and reference points within the project. The Town Center roundabout shall also
include agricultural implements such as water towers and windmills to accentuate the
agricultural design character of the Town Center. At-grade crossing shall be provided as
illustrated in the Avila Development Plan (Sheets A-15 and A-16 of Appendix A) to provide for
street-side parkettes, traffic calming, and unobstructed pedestrian passage across streets.
D. The Neighborhood Park should be designed to provide neighborhood recreation needs including
a mix of passive and active areas that foster social interaction and healthy lifestyles. These
include a skate park, dog park, court games, jogging track, community meeting pavilion and
other uses illustrated in the Park Master Plan in Appendix B.
E. Neighborhood Park facilities may include informal turf areas, bocce ball courts, children’s play
areas, group barbeque areas, group picnic facilities and shade structures, clubhouse, pool,
pedestrian and bicycle trails, and community gardens.
F. Programming of the Neighborhood Park may include shared facilities or related uses with on-
site agricultural production such as outdoor learning areas, picnic, farming and cooking
demonstrations, and a farm stand.
G. The plaza located within the Neighborhood Park directly across from the Town Center should
incorporate ample seating, trash receptacles, bicycle racks, a central organizing feature, unique
landscaping, and pervious hardscape
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3.0 Parking
Parking is an essential component of all planned land uses within the Avila Ranch project.
Ensuring adequate buffering between abutting land uses, public streets, and commercial parking areas
will ensure the promotion of the high-quality environment envisioned for the development. Parking
requirements for specific land uses within Avila Ranch are found within Chapter 17.16.060 of the City of
San Luis Obispo Municipal Code. Except in the Pocket Cottage portion of the R-2 zone, parking shall be
provided with two covered spaces per unit and on street parking, and at least two on-site guest parking
spaces per 6-pack or 4-pack cluster. Parking stalls to be designed per Engineering Standards 2220. In
the Pocket Cottage portion of the project, one covered and one uncovered space is to be provided,
without additional guest parking spaces.
Standards
3.1 Goal 5.4 (and associated standards and guidelines) outlined within the AASP shall be
referred to and incorporated as part of this Avila Ranch Parking section.
3.2 Parking for the Neighborhood Park
shall be provided through both on-
site parking, on-street parking on the
adjacent local street, and shared
parking with the Town Center
commercial area. Any on-site parking
associated with the Neighborhood
Park shall be located within a parking
lot or other parking space
configurations on the north side of
the park. These parking lots shall
provide for bicycle storage, staging
areas, and special event parking.
3.3 Driveway access points for the
Neighborhood Commercial Town
Center shall be located along the R-1
Residential Road adjacent to the R-1
Residential zone as shown in Figure
14.
3.4 Parking shall be designed and sited to
minimize and buffer commercial noise from adjacent residential land uses.
3.5 A ten-foot minimum landscape buffer shall be provided on the Neighborhood
Commercial properties adjacent to the R-1 Residential zone and the Neighborhood
Commercial Town Center. In addition, there shall be a minimum twenty (20) foot
Figure 14 Example of Town Center Parking, Screening
and Access
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setback from the east property line to any habitable structure to comply with ALUP
Safety Area requirements, as shown in Figure 14.
3.6 Parking for the R-4 units shall be carports for added noise mitigation and visual screening.
3.7 Parking for car sharing stations shall be provided along public streets as approved by the
City Engineer, in guest parking spaces in the R-2 portion of the project, in common area
parking lots in the R-3, R-4 and the Town Center. Total number of car share vehicles shall be
an initial rate of at least one vehicle per 50 units (and adjusted thereafter based on actual
demand). At least fifty percent of the car share fleet shall be EVs. There shall be a minimum
of five car-sharing stations dispersed through the project, with each station having electrical
charging stations for EV car sharing vehicles.
3.8 All common parking lots shall have solar canopies to produce energy and to provide shade
and noise attenuation.
3.9 All parking lots in the R-3, R-4 and NC zones and in public parks shall provide EV charging
stations at a rate of one station per eight (8) spaces (12.5 percent of the total number of
parking spaces common area parking spaces). R-1 and R-2 units shall be “ZEV ready” and be
pre-wired for garage charging stations.
4.0 Outdoor Use Areas
While outdoor use areas, as defined by the AASP, are unlikely to occur within the project area,
any outdoor use areas planned in conjunction with Avila Ranch land uses will meet the standards and
guidelines outlined within the AASP.
Standard
4.1 Goal 5.5 (and associated standards and guidelines) outlined within the AASP shall be
referred to and incorporated as part of this Avila Ranch Outdoor Use Areas section.
5.0 Screening
Service, storage areas, trash and recycling collection areas, and utilities associated with planned
Avila Ranch land uses will be properly screened to minimize visual impact and promote the natural,
unobstructed open space views.
Standard
5.1 Goal 5.6 (and associated standards and guidelines) outlined within the AASP shall be
referred to and incorporated as part of this Avila Ranch Screening section.
Guideline
A. Equipment related to on-site agricultural production should be properly stored and
screened from public view.
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6.0 Preservation of Views and Scenic Resources
6.1 Views from the Road
The City of San Luis Obispo General Plan identifies Buckley Road as a scenic corridor that should
be maintained in order to protect views of surrounding open space resources. A minimum 300-foot wide
buffer, as illustrated in Figures 15 and 16, has been incorporated into the Avila Ranch Development Plan
along Buckley Road to maintain the scenic nature and the rural/agricultural character of this corridor.
Uses within this buffer provide a wide range of amenities for the area including accessible multi-use
trails, natural open spaces, and agriculture production. Views of structures visible from Buckley Road are
minimized through the incorporation of landscaping and natural screening techniques. The Buckley
Road frontage buffer is to be installed in Phase 1 of the project. (MM VIS 3). A split rail fence is al so to
be provided between the Class I bike path and the onsite agricultural buffer. (MM AG 2a).
Standards
6.1.1 Goal 5.7 (and associated standards and guidelines) outlined within the AASP shall be
referred to and incorporated as part of this Avila Ranch Views from the Road section.
6.1.2 Views along Buckley Road towards the Irish Hills to the west and towards the Santa
Lucia range and foothills to the east shall be maintained through the incorporation of an
open space and park buffer of a minimum 300 feet wide along Buckley Road as shown in
Figures 15 and 16. The sound berm illustrated in Figure 14 shall be planted with a
combination of native tree species and shrubs to provide a natural, rather than
ornamental, backdrop to the working agricultural area along Buckley Road. This berm
shall be installed as part of Phase 1 of the project so that trees and shrubs can be
established early in the development of the project. Any fencing on the berm shall be at
the top of the slope, and shrubs and trees shall be planted on the Buckley downslope of
the berm to screen the fencing.
Figure 15 Buckley Road Buffering and Screening
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6.1.4 The Open Space Plan illustrated in Appendix C shall be implemented as part of the
project. The Open Space Plan is intended to ensure the long-term maintenance of the
Tank Farm Creek corridor, ensure adequate wildlife corridors, ensure views form the
residential area and the roadways to the Tank Farm Creek, and to ensure that Tank
Farm Creek functions efficiently as a storm drainage conveyance.
Guidelines
A. Visible building facades from Buckley Road should be minimized to maintain the scenic nature of
the corridor through landscaping and/or other natural screening techniques.
B. Cul-de-sacs should be open ended and/or dead-end onto open space or park areas. All cul de
sacs shall provide for pedestrian and bicycle pass throughs, and should terminate on the public
street side with a pedestrian speed table, where possible.
6.2 Gateways
The AASP does not identify areas within the Avila Ranch development as possible locations of a
gateway for the City of San Luis Obispo. If a gateway is identified and proposed on the Avila
Ranch site within the future, goals, standards, and guidelines found within, the AASP will take
precedent.
Standard
6.2.1 Goal 5.8 (and associated standards and guidelines) outlined within the AASP shall be
referred to and incorporated as part of this Avila Ranch Gateways section.
6.2.2 Entry monuments and treatments shall be provided at the Jespersen/Venture
roundabout, the Earthwood/Venture roundabout, and at the Buckley/Jespersen
entrance. These entrance treatments shall use an agrarian theme in conformance with
LUCE design objectives for the project, including usage of antique agricultural windmills
where compatible with airport operations and traffic safety.
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Figure 16 Conceptual View of Avila Ranch Buckley Frontage
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7.0 Architecture
7.1 Architectural Character
The architectural character of Avila Ranch is to be representative of the agricultural heritage
associated with southern San Luis Obispo as well as architectural styles typically found within the city. A
contextual appropriate selection of architectural styles aides in defining the context of the site from the
rural character along the southern property line to the industrial character found along the northern
property edge. A list of permitted architectural styles appropriate for each land use within Avila Ranch
has been provided to ensure consistency with the overall project vision.
Standards
7.1.1 Goal 5.9 (and associated standards and guidelines) outlined within the AASP shall be
referred to and incorporated as part of this Avila Ranch Architectural Character section.
7.1.2 The architectural styles for residential land uses within Avila Ranch shall be Agrarian,
California Bungalow, Contemporary, Craftsman, or Mission as illustrated in Figures 18
through 22.
Figure 17 Residential Street Scene
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Figure 18 Agrarian Architectural Style
Figure 19 Bungalow Architectural Style
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Figure 20 Craftsmen Architectural Style
Figure 21 Contemporary/Mid Century Modern Architectural Style
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7.1.3 In order to create some individualism the project is broken down in neighborhoods, as
shown in Figure 23. Within each neighborhood or enclave, there shall be dominant and
subordinate architectural styles to avoid monotony. The percentage proportions of
architectural styles within the R-2 zones of Avila Ranch shall be integrated as follows in
order to create the desired residential character and transitioning of the site from south
to north:
a. Neighborhood Area 1: 60% of units shall be designed with Agrarian style
architecture. The remaining 40% of units shall be divided into 10% increments between
the other allowed residential architectural styles. Any fraction of a number over a half
shall be rounded up to the nearest whole number with any remaining balance placed in
an architecture style of choice.
b. Neighborhood Area 2: 60% of all units shall be designed with the California
Bungalow or the Craftsman style architecture. The remaining 40% of units shall be
divided into 10% increments between the other allowed residential architectural styles.
Any fraction of a number over a half shall be rounded up to the nearest whole number
with any remaining balance placed in an architecture style of choice.
c. Neighborhood Area 3: 60% of all units shall be designed with the Contemporary
style architecture or the Mission architectural style. The remaining 40% of units shall be
divided into 10% increments between the other allowed residential architectural styles.
Any fraction of a number over a half shall be rounded up to the nearest whole number
with any remaining balance placed in an architecture style of choice.
Figure 22 Mission Architectural Style
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7.1.4 R-4 zone shall be designed uniformly with one of the allowed residential architectural
styles. (Neighborhood Area 4).
7.1.5 R-1 zone shall be designed with a proportional yet mixed use of at least three of the
allowed residential architectural styles. (Neighborhood Area 5).
7.1.6 The Neighborhood Commercial Town Center buildings and any buildings located within
the Conservation/ Open Space zoned areas shall be designed uniformly with an Agrarian
or Contemporary Agrarian style of architecture. (Neighborhood Area 6).
7.1.7 R-3 zone shall be designed uniformly with one of the allowed residential architectural
styles. (Neighborhood Area 7).
7.1.8 Porches shall have a minimum depth of six (6) feet.
7.1.9 Residences shall have entries that front onto the street except for residences configured
in a parking court within R-2 zones. Where possible, these interior R-2 units shall have
frontage treatments onto adjacent parks or open spaces. Units that are adjacent to the
parkway commons in Neighborhood Area 2 shall have frontage treatments along that
parkway and the interior motor court/common driveway.
7.1.10 Buildings within R-3 and R-4 zones shall have covered porches, entries, or walkways that
front onto the street.
Guidelines
A. Residential elevations within the R-1 and R-2 zones should not be repeated more frequently
than every fourth house. This variation may be achieved by not repeating both a color scheme
and an elevation style. Setbacks should have minor variances (3-5 feet) to ensure a variety in
the streetscape and elevation pattern.
B. The Neighborhood Commercial Town Center architectural character should reflect Agrarian style
architecture that may be represented through modern barn, rustic barn, or other contemporary
barn elements.
C. The Architectural Review Commission, Planning Commission, and any other approving body may
allow an exception to the height requirements for the Neighborhood Commercial Town Center
focal point provided that architectural features meet the desired Agrarian architectural
character.
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Figure 23 Avila Ranch Neighborhoods
D. Residences within the R-1 zone should incorporate a covered front porch.
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E. Residences within the R-2 zone that front collector or local residential roads should include a
porch.
7.2 Scale and Massing
The pedestrian and agricultural character of Avila Ranch will be reflected through appropriately
scaled buildings and landscaping. It is anticipated that building forms will be modest in size with
individual components of buildings expressively articulated through playful use of massing.
Standards
7.2.1 Goal 5.10 (and associated standards and guidelines) outlined within the AASP shall be
referred to and incorporated as part of this Avila Ranch Scale and Massing section.
7.2.2 To avoid garage dominated streets, a portion of the house or porch within the R-1
Residential Zone shall be at least five (5) feet in front of the garage.
7.2.3 In order to ensure that the building height and setbacks are appropriate to the street
context, building heights along the street frontage shall be one foot in height for each
1.5 feet in distance from the building setback to the street centerline.
Guidelines
A. Variation in front yard setbacks, lot widths, and one and two story homes should be used to
create a diversity of architectural massing.
B. Massing design should include variation in the wall plane (projection and recess), variation in
wall height, and rooflines at different levels.
C. Portions of the upper story of a two-story home should be stepped back in order to reduce the
scale of the façade that faces the street and to break up the overall massing. This could be
achieved with a porch covering a min of 60% of the front facade.
D. Architectural elements that add visual interest, scale, and character to the neighborhood, such
as recessed or projecting balconies, verandas, or porches should be included within building
designs.
E. A variety of roof planes and pitches, porches, overhangs, and accent details should be
incorporated into residential designs to increase the visual quality and character of a building,
while reducing the bulk and size of the structure.
F. Garages should be recessed behind the home’s main façade to minimize the visual impact of the
garage door and parking apron from the street.
G. Garages located in parking court configurations should be recessed in order to increase the
prominence of the main entry.
7.3 Building Heights
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Building heights for residential structures are expected to range from one to three stories to
accommodate both single- family and multi-family developments. Commercial structures located within
the Town Center are two stories in height but buildings adjacent to corner plazas across from the park
may be up to three stories.
Standards
7.3.1 Goal 5.11 (and associated standards and guidelines) outlined within the AASP shall be
referred to and incorporated as part of this Avila Ranch Building Heights section.
7.3.2 Residential building heights shall abide by the development standards set forth in the
Airport Area Specific Plan Amendment.
7.3.3 Buildings located within the Neighborhood Commercial zone shall abide by the building
height requirements set forth within Chapter 17.38 of the City’s development code.
7.3.4 A minimum of 25% of R-1 zone units shall be single story. Single story units shall be
concentrated along the landscaped berm, parallel to Buckley, unless it can be
demonstrated that a two-story dwelling unit conforms to the city noise regulations.
7.3.5 The height of buildings next to major circulation routes should be equal to at least two-
thirds of the distance from the street centerline to the face of the building. At least 75
percent of the units have one foot of building height for each 1.5 feet of distance from
the street centerline to the façade of the dwelling unit.
Guidelines
A. Town Center buildings abutting the two plazas at the corner of Jespersen Road and the R-1
Residential Road should be least 20 feet in height.
7.4 Architectural Façade and Treatment
Facades and architectural treatments of buildings within Avila Ranch are designed as a collection
of high quality, individual neighborhoods comprised of individually articulated and highly detailed
structures. To meet this high standard of quality, full articulation of building facades and use of
architecturally compatible treatments will be utilized consistently throughout the development.
Standard
7.4.1 Goal 5.12 (and associated standards and guidelines) outlined within the AASP shall be
referred to and incorporated as part of this Avila Ranch Architectural Façade and
Treatment section.
Guidelines
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A. Entries should be enhanced to reflect the architectural style and details of the building.
B. Windows should be articulated with accent trim, sills, shutters, window flower boxes, awnings,
or trellises authentic to the architectural style of the building.
C. Windows, garage windows, and doors should complement the architectural style of the building.
D. Garage doors should incorporate architectural detailing that is consistent with the overall
architectural style of the building.
7.5 Materials and Colors
Materials considered appropriate for Avila Ranch are those that have generally stood the test of
time such as stone, brick, wood, glass, plaster, and metal. Each development may choose to express its
unique identity through material and color selection, as long as they are compatible with the overall
character of the area.
Standard
7.5.1 Goal 5.13 (and associated standards and guidelines) outlined within the AASP shall be
referred to and incorporated as part of this Avila Ranch Materials and Colors section.
Guidelines
A. Roof tiles and colors consistent with the architectural style of the house should be incorporated.
Roofing colors should be soft earth tones. Where solar shingles are used to comply with solar
energy requirements in this plan, they shall be integrated so that they are part of the
architectural character.
B. Roof penetrations for vents should be consolidated and located on the rear side of roof ridges.
Vents should be painted to match the roof color.
C. As part of the last development phase, the building materials, colors, entries, and windows of
the Neighborhood Commercial Town Center should reflect adjacent residential area.
8.0 Landscape
8.1 Planting Concept
Landscaping for the Avila Ranch development is envisioned to reflect both the natural and
agricultural landscapes of San Luis Obispo. Natural landscape patterns have been integrated within the
Tank Farm Creek riparian corridor and within Conservation/Open Space areas. Agricultural landscape
patterns have been incorporated along Jespersen Road and adjacent to the on-site agriculturally related
facilities.
Standards
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8.1.1 Goal 5.14 (and associated standards and guidelines) outlined within the AASP shall be
referred to and incorporated as part of this Avila Ranch Planting Concept section.
8.1.2 Trees planted within Avila Ranch outside of residential zones shall be chosen from the
City’s approved Street Tree Master List and shall be in conformance with the master
plan in Appendix D.
8.1.3 Shrubs, perennials, and ground cover planted outside of residential zones within Avila
Ranch shall be in conformance with the master plan in Appendix D.
8.1.4 Trees, shrubs, perennials, and ground cover planted within the residential portions of
Avila Ranch shall be located as shown in Appendix D and shall be chosen from the City’s
approved Street Tree Master List.
8.1.5 Street trees shall be provided in tree wells along streets abutting the Neighborhood
Commercial Town Center with the intent of developing a continuous canopy over the
sidewalk. Thematic parkway trees shall also be planted on Earthwood, Venture,
Jespersen, and Horizon at least every fifty (50) feet. Tree selection for these parkway
strips on the Residential Collectors and Residential Arterial shall be of a single species to
provide continuity throughout the project. Tree species should be selected for canopy
height and width to ensure that at least 50 percent of the adjacent walkway is shaded
within 10 years after planting.
8.1.6 Trees, shrubs, and plants chosen to be planted along the Tank Farm Creek riparian
corridor shall utilize native, locally procured varietals.
8.1.7 Plants and shrubs planted on properties adjacent to Tank Farm Creek shall be properly
situated and maintained to avoid spreading into the adjacent riparian corridor.
8.1.8 Plants and shrubs shall be low water using.
8.1.9 Turf shall not be located within front yards of residential zones.
8.1.10 To reduce the potential for noise, dust and pesticide drift, the project shall include
dense hedgerows of trees and landscaping at the top of the southern noise berm, along
the eastern property line between the R-3 and Neighborhood park and the adjacent
agricultural parcel, along the northern property line in the adjacent drainage swale,
along the east side of Vachell between the R-2 residences and Vachell, and along the
western property line between the R-4 and R-2 areas in Phase 3 and the properties to
the north and west. (MM AG 2b ).
Guidelines
A. Residential Collectors and Residential Arterials shall have a single street tree species for
continuity. A different street tree species unique to each neighborhood shown in Figure 27
should be utilized to provide a layer of consistency and individuality for that neighborhood.
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B. Native trees, plants, and other low water using plant varieties are encouraged within Avila
Ranch and should be integrated into the project to the greatest extent possible.
C. Community gardens that are easily accessible to residents should be incorporated within Avila
Ranch in mini parks and pocket parks, as shown on the Parks Master Plan in Appendix B.
D. Open space areas adjacent to Buckley Road should incorporate working agricultural areas.
E. Agriculture production related facilities should integrate a grove or farm compound styled tree
plantings to unify and add visual interest to the site, in accordance with the Parks Master Plan
and Open Space Plan.
9.0 Buildings, Signs and Lighting
9.1 Buildings
Buildings placed throughout Avila Ranch will be rooted in the surrounding landscape and natural
open spaces through the incorporation of contextual landscaping. Landscaping will soften building edges
at the ground plane and provide attractive plantings to support the planned environment of the project.
Standard
9.1.1 Goal 5.15 (and associated standards and guidelines) outlined within the AASP shall be
referred to and incorporated as part of this Avila Ranch Buildings section.
9.1.2 Public art shall be incorporated within Avila Ranch in conformance with the City’s Public
Art for Private Development ordinance. The preferred method of compliance is by
including larger scale sculptures in the Sculpture Garden in Park H.
9.1.3 Public art shall reflect the agrarian history and context of the site.
9.2 Signs
Standards
9.2.1 Goal 5.17 (and associated standards and guidelines) outlined within the AASP shall be
referred to and incorporated as part of this Avila Ranch Signs section.
9.2.2 All signage within Avila Ranch shall comply with the City of San Luis Obispo’s Sign
Regulations for applicable Residential, Neighborhood Commercial, and
Conservation/Open Space land uses.
Guideline
A. Landscaping should be incorporated within parking courts to minimize paving and views of garages.
9.3 Lighting
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Lighting for residential, commercial, and open space uses within Avila Ranch is envisioned to
provide adequate illumination levels to aide in the transitioning of urban to rural uses while also
providing an appropriate illumination level to address public safety concerns. Planned lighting is
intended to maintain the current low lighting levels that distinctly differentiate between existing urban
and rural land uses within the area.
Standards
9.3.1 Goal 5.18 (and associated standards and guidelines) outlined within the AASP shall be
referred to and incorporated as part of this Avila Ranch Lighting section.
9.3.2 Exterior lighting within the Specific Plan Area shall comply with the City of San Luis
Obispo’s Community Design Standards, Airport Area Specific Plan, and Night-Sky
Preservation site requirements.
9.3.3 All exterior lighting within Avila Ranch shall be compatible with and complement the
architectural styles and landscape designs proposed.
9.3.4 Exterior lighting fixtures shall be properly shielded to minimize light overflow and glare
onto adjacent properties.
9.3.5 Trail and walking pathway lighting shall be appropriately scaled to the pedestrian.
Additional overhead park lighting may be utilized in areas where pedestrian safety is a
concern.
9.3.6 Lighting fixtures shall be energy efficient in accordance with the latest version of the
California Energy Standards (Title 24).
9.3.7 All project lighting shall comply with the City’s Night Sky Preservation Ordinance (Zoning
Ordinance Chapter 17.23). Lighting in the project shall conform to the following
operational and development standards:
a. Outdoor lighting shall be directed downward and away from adjacent properties and
public rights-of-way.
b. No lighting on private property shall produce an illumination level greater than two
maintained horizontal foot-candles at grade on any property within a residential
zoning district except on the site of the light source.
c. The maximum light intensity on a residential site shall not exceed a maintained value
of 10 foot-candles, when measured at finished grade.
d. The maximum light intensity on a nonresidential site, except auto sales lots and
sports fields, shall not exceed a maintained value of 10 foot-candles, when measured
at finished grade.
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e. The maximum light intensity on an auto sales lot shall not exceed a maintained value
of 40 foot-candles, when measured at finished grade.
f. The maximum light intensity on a sports field shall not exceed a maintained value of
50 foot-candles, when measured three feet above grade. Baseball field lighting and
lighting for other recreational uses may be increased to a maintained value of 100
foot-candles with approval of the Community Development Director.
g. Outdoor lighting shall be completely turned off or significantly dimmed at the close
of business hours unless lighting is essential for security or safety (e.g. illumination of
parking areas and plazas).
h. Outdoor lighting shall not blink, flash, or rotate.
I. Outdoor flood light projection above the horizontal plane is prohibited, unless
exempted by Section 17.23.080.
j. Outdoor sports fields shall not be illuminated after 11:00 p.m. except to conclude a
scheduled recreational or sporting event in progress prior to 11:00 p.m.
k. Outdoor lighting fixtures, including lighting for outdoor recreational facilities, shall be
cutoff fixtures designed and installed so that no emitted light will break a horizontal
plane passing through the lowest point of the fixture. Cutoff fixtures must be
installed using a horizontal lamp position. Lighting fixtures should be of a design that
complements building design and landscaping, and may require architectural review.
l. Outdoor lighting shall be fully shielded or recessed.
m. Lighting fixtures shall be appropriate in height, intensity, and scale to the use they
are serving. Parking lot lights shall not exceed a height of 21 feet, and wall-mounted
lights shall not exceed a height of 15 feet, from the adjacent grade to the bottom of
the fixture. The Architectural Review Commission can approve an exception to these
height standards based on specific extenuating circumstances.
n. All luminaries mounted on the under surface of service station canopies shall be fully
shielded and utilize flush-mounted canopy fixtures with flat lenses.
o. Search lights, laser source lights, or any similar high-intensity light shall be
prohibited, except, in emergencies, by police and/or fire personnel, or at their
direction, or for purposes of gathering meteorological data. Exceptions may be
granted in conjunction with approved temporary lighting.
9.3.8 All exterior building lights facing Tank Farm Creek shall be hooded to prevent light
spillover into the creek. All residential street lights over 10 feet in height shall be
setback a minimum of 100 feet from the top of the creek bank and hooded and/or
directed away from the creek. Any night lighting adjacent to the creek (e.g., walkway
lights) shall be of low voltage and hooded downward. Artificial light levels within 20 feet
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of the top of the creek bank shall not exceed 1-foot candle or the lowest level of
illumination found to be feasible by the City. (MM BIO 5a).
10.0 Public Art
In order to weave and integrate Avila Ranch with the existing cultural and aesthetic fabric of San
Luis Obispo, public art is intended to be incorporated as a central organizing element within or adjacent
to the Town Center plazas or parks. Installations will reflect the agrarian history and context of the area
and that of the project site, and may include antique agricultural implements, Aeromotor windmills, and
other features. Signage designs for land uses within Avila Ranch comply with applicable City Sign
Regulations while playfully integrating and playing off the dominant architectural character of the area.
Individual residential neighborhoods are imagined as having unique identification signage to inform and
direct residents and visitors. Commercial uses are to display functional yet simple signage designs that
effectively alerts potential patrons to their location within the Avila Ranch development.
Standards
10.1 Goal 5.16 (and associated standards and guidelines) outlined within the AASP shall
be referred to and incorporated as part of this Avila Ranch Public Art section.
10.2 The preferred method of complying with the public art requirements for the project
is the implementation of the Sculpture Garden in Park H.
10.3 Public art shall reflect the agrarian history and context of the site.
11.0 Drainage
Drainage requirements related to Avila Ranch are intended to meet the Regional Water Control
Board’s Low Impact Development Post Construction Requirements. The performance of designed
detention basins and permeable surfaces integrated throughout the project ensure on-site retention of
the project’s share of stormwater runoff while ensuring the safety of adjacent property.
Standard
11.1 Goal 5.19 (and associated standards and guidelines) outlined within the AASP shall be
referred to and incorporated as part of this Avila Ranch Drainage section.
11.2 A landscaped drainage swale or other suitable engineered solution shall be included
along northern property line of Avila Ranch within the R-2 and R-4 Residential Zones to
facilitate drainage from adjacent property, and to provide screening to the light
industrial properties to the north.
12.0 Fencing
Fencing planned for Avila Ranch will add to visual quality and character of the overall
development. In addition to the existing City fencing requirements, the following standards and
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guidelines apply to all residential lots within Avila Ranch in order to maintain and emphasis views of
Tank Farm Creek.
Standard
12.1 Residential lots adjacent to Tank Farm Creek, parks, open spaces, or walking pathway, as
shown in Figure 24, shall use open fencing types like those illustrated in Figure 25.
Guideline
A. Fencing adjacent to Tank Farm Creek, parks,
open spaces, or walking
pathways should use
wrought iron, tubular steel
or wood (e.g., split rail or
other decorative fencing
types)
13.0 Energy Conservation (MM AQ 2a)
The general approach to energy use and conservation in the Avila Ranch area is based on the direction
set forth in Section 7.07 of the Development Agreement for the project. Specifically, that provision of
the Development Agreement states the following:
(a) Avila Ranch shall provide for accelerated compliance with the City’s Energy Conservation Goals
and its Climate Action Plan by implementing energy conservation measures significantly above
Figure 24 Special Fence Treatment Locations
Special Fence Treatment
Locations (Typ)
Minimum 4-foot high solid
screen with open lattice above
Figure 25 Open Space Fence Example
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City standards and norms by providing PV energy generation for 100 percent of onsite electrical
demand as described in Section 13 of the Design Framework of the Development Plan. The
Project shall also include energy efficiency standards in excess of the current Building Code.
(b) Developer shall provide sustainability features as described in Section 13 of the Design
Framework of the Development Plan, including: (i) housing that meets the 2019 net zero building
and energy codes, or if the 2019 building and energy codes are not yet adopted upon building
permit application, the equivalent to the satisfaction of the Community Development Director,
(ii) implementing any future city-wide policy regarding carbon emissions reduction, (iii) solar
electric panels, (iv) integrated power outlets for electric vehicles and electric bicycles, (v) building
design that maximizes grey water usage, and (vi) work-at-home options with high-speed internet
connectivity.
In this context, the Development Plan is intended to be dynamic and flexible, to allow for the possibility
that City energy requirements are updated from time to time outside the framework of the
Development Plan. The discussion that follows in this section generally describes the baseline energy
requirements that were in place at the time the Development Plan was approved in 2017. The intent of
this plan in combination with the Development Agreement is to ensure that the project includes energy
and sustainability features that go well beyond what was required at that time. A project that meets
those criteria as evaluated by City staff would meet the intent of the Development Plan and
Development Agreement.
13.1 Energy Conservation
Energy Conservation is a significant policy focus area for the City of San Luis Obispo. Both the
Open Space and Conservation Element, and the Airport Area Specific Plan provide guidance in the
conservation of energy. The project was evaluated and approved in the context of the 2016 building
codes, which provided for energy conservation measures that were significantly greater than what were
in place before that time. The intent of the standards and guidelines as written below was to anticipate
what was to be required in the 2019 Building Energy Efficiency Standards and the City’s Clean Energy
Choice Program, which were not yet adopted at that time. The overall intent of the Development Plan
was to improve energy conservation measures in R-1 and R-2 buildings by at least 15% over the 2016
Title 24 standards, and at least 10% for the R-3, R-4, NC and other uses. The energy conservation
measures below are one way, but not necessarily the only way, to achieve this. Applicants are
encouraged to refer to the City’s latest energy standards while working with City staff to meet the intent
of the Development Plan and Development Agreement.
Standard
13.1.1 All buildings and structures shall meet and exceed the anticipated 2019 energy
conservation standards, as well as the Clean Energy Choice Program. Prior to the
establishment and adoption of 2019 Title 24 Energy Code, R-1 and R-2 structures in the
Avila Ranch project shall be 15 percent more efficient than the 2016 Title 24 Energy
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Standards, and R-3, R-4, NC and other uses shall be at least 10 percent more efficient
than the 2016 Title 24 Energy Standards.
13.1.2 Energy conservation measures should give priority to the thoughtful design of structures
to take advantage of passive cooling and heating, including cross ventilation, solar
exposure, solar thermal massing strategies.
Guideline
A. Building and structures shall use high-performance Advance Framing (AF) and/or Structurally
Insulated Panel (SIP) techniques, where structurally possible, to reduce the amount of framing
lumber and the heating and cooling loss associated with frequent framing intervals. Advanced
Framing and Advance Wall Systems (AWS) refers to a set of framing techniques and practices
that minimize the amount of wood and labor necessary to build a structurally sound, safe,
durable, and energy efficient building. Reducing the amount of wood in wood-framed exterior
walls improves energy efficiency through a reduced framing factor, allowing more insulation to
be installed, and has greater resource efficiency for the materials being used. Advanced
Framing and Advanced Wall System techniques may include, but are not limited to the
following:
a. Use of precise engineering of headers on load bearing walls to reduce the among of waste
associated with oversizing.
b. Use of insulated corners to eliminate the isolated cavity found in conventional three- or
four-stud corners, making it easier to install insulation and providing for more cavity
insulation space. Advanced framing wall corners can include insulated three-stud corners or
two-stud corner junctions with ladder blocking, drywall clips, or an alternative means of
supporting interior or exterior finish.
c. Advanced framing ladder junctions should be used at wall intersections with 2x blocking at
24-inch on center vertical spacing. This method requires less than 6 feet of blocking material
in a typical 8-foot tall wall. In conventional walls, interior wall intersections include a stud at
each side of the intersecting wall, which can require as much as 16 feet of stud lumber plus
additional blocking material.
d. Eliminating unnecessary double-floor joists underneath non-load bearing walls, as well as
using 2-inch x 4-inch and 2-inch x 3-inch interior non-load bearing walls to minimize the
among of engineered and non-engineered lumber waste.
B. Quality Insulation Installation (“QII”) shall be used per California Energy Commission standards
and Insulation Stage Checklists to ensure high performing insulation systems. QII ensures that
insulation is installed properly in floors, walls, and roofs/ceilings to maximize the thermal
benefit of insulation. Depending on the type of insulation used, QII can be simple to implement
for only the additional cost of HERS verification. Batt insulation may require an increase in
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installation time over standard practice because batts may need to be cut to fit around
penetrations and special joists.
C. Compact plumbing strategies shall be used to reduce water and water heating waste. These will
include reducing the total run from the water heating unit to the hot water dispensing
appliances, “demand” recirculating hot water systems, back-to-back and stacked plumbing
fixtures, and other techniques.
D. Pursuant to AASP Policy 7.2.2, the buildings and structures in the project shall provide for indoor
and outdoor water use that is at least 35 percent below citywide average at the time the
Development Plan was approved in 2017. WaterSense fixtures, or their equivalent, shall be
used for all appliances, and all appliances shall comply with CalGreen standards for water use
efficiency. (MM AQ 2a).
E. Rainwater and stormwater management shall be in conformance with the Regional Water
Quality Control Board’s Low Impact Development standards. Such standards call for the
detention/retention and treatment of the 95th percentile storm event. Treatment will be in
decentralized filtration basins, bioswales, underground artificial or natural cisterns, and other
approved strategies. The Parks Master Plan and the Open Space Master Plan in Appendices B
and C, respectively, show the locations and extent of these basins.
F. Passive solar strategies shall be used in all buildings to the greatest degree practicable. At least
75 percent of the structures in a neighborhood should have the longer roof line axis within 15
degrees of east-west. Design building to include roof overhangs that are sufficient to block the
high summer sun, but not the lower winter sun, from penetrating south facing windows (passive
solar design). Roofing materials shall be used which have a solar reflectance values meeting the
EPA/DOE Energy Star® rating to reduce summer cooling needs.
G. City infrastructure should comply with the recommendations of the City’s Climate Action Plan
and should utilize strategies and improvements to conserve energy. These include: 1) usage of
roundabouts where possible to avoid the usage of electrically powered traffic signals; 2) usage
of high-efficiency LED street lights; 3) usage of high-efficiency LED traffic signals. Where traffic
signals are modified as part of this project, signal heads with low-efficiency incandescent
fixtures shall be modified to have high efficiency LED fixtures, where possible; 4) bus stops shall
include PV systems to support the power requirements; and, 5) street lighting, park lighting and
area lighting shall be designed to limit errant light.
H. Design plans for units shall provide for the use of battery powered or electric landscape
maintenance equipment for new development. At least one exterior convenience outlet shall
be provided for each yard area that requires regular maintenance. Two outdoor outlets shall
also be provided for any private outdoor activity/patio areas.
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I. Each dwelling unit shall be designed to provide a convenient storage area for bicycles that is
easily accessible. This may include storage space in garage for bicycle and bicycle trailers, or
covered racks / lockers to service the residential units, or front porch bike lockers.
J. Residences should be equipped for the possible use of all electric appliances. This shall include
adequate electrical connections in cooking and laundry areas.
K. To encourage the use of electric vehicles private residential garages shall be equipped with a
dedicated 240-V circuit or outlet for electrical vehicle charging in conformance with the
California Green Building Code and he National Electrical Code. Residences with common
parking areas such as the R-3, R-4 and Neighborhood Commercial areas shall be equipped with
electric vehicle charging stations are a rate equal to one charging position for each eight vehicles
(12.5 percent of spaces) per the LEED ND requirements.
13.2 Onsite Energy Production
Solar PV systems shall be included on all structures in compliance with City requirements. The
intent is for onsite solar production to offset the projected electrical demand for the type of building
unit (but not including electrical demand for EV charging stations). This may be provided through a
combination of solar canopies for R-3, R-4, Neighborhood Commercial/Town Center and public park
uses, solar panels, solar shingles and other methods. Guidelines for specific unit types and land uses are
as follows. Note these guidelines are one way, but not necessarily the only way, to meet the intent of
the standards in question:
a. R-1 Single Family. These uses should provide between 275 and 300 square feet of equivalent
south-facing tilted total solar panel surface area per dwelling unit to generate at least 7,250
kWh per year, or as may be calculated in the energy analysis for the structure. Sur- face
material and finish shall be non-glare for airport compatibility.
b. R-2 Pocket Cottages Single Family. These uses should provide between 200 and 225 square
feet of equivalent south-facing tilted total solar panel surface area per dwelling unit to
generate at least 5,500 kWh per year, or as may be calculated in the energy analysis for the
structure. Because of the orientation of these uses from a common driveway from an east-
west street, care should be taken to orient the longer roof along the east-west axis where
possible. There are limited opportunities for solar canopies in guest parking areas, except
where these spaces are used for car sharing stations. Surface material and finish shall be
non-glare for airport compatibility.
c. R-2 Standard Single Family. These uses should provide between 250 and 275 square feet of
equivalent south-facing tilted total solar panel surface area per dwelling unit to generate at
least 7,000 kWh per year, or as may be calculated in the energy analysis for the structure.
Because of the orientation of these uses from a common driveway from an east-west street,
care should be taken to orient the longer roof along the east-west axis where possible.
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There are limited opportunities for solar canopies in guest parking areas, except where
these spaces are used for car sharing stations. Surface material and finish shall be non-glare
for airport compatibility.
d. R-3 Single Family Attached Duplex Units. These uses should provide 200 and 225 square feet
of equivalent south-facing tilted total solar panel surface area per dwelling unit to generate
at least 5,500 kWh per year, or as may be calculated in the energy analysis for the structure.
Solar canopies in guest parking spaces may provide the predominant share of the total
requirement of 7,500-8,000 square feet of total solar array area, and the solar canopies are
the preferred method of achieving this objective because of the required orientation of
these uses, and the sensitive architectural setting. Where possible, units should provide
rooftop solar water heating units. Surface material and finish shall be non-glare for airport
compatibility.
e. R-3 Townhome Units. These uses should provide 150 to 175 square feet of equivalent south-
facing tilted total solar panel surface area per dwelling unit to generate at least 4,000 kWh
per year, or as may be calculated in the energy analysis for the structure. Solar canopies in
guest parking spaces may provide the predominant share of the total requirement of 25,500
square feet of total solar array area, and the solar canopies are the preferred method of
achieving this objective because of the required orientation of these uses, and the sensitive
architectural setting. Where possible, units should provide solar water heating or pre-
heating units. Surface material and finish shall be non-glare for airport compatibility.
f. R-4 Apartment Units. These uses should provide 125 to 150 square feet of equivalent south-
facing tilted total solar panel surface area per dwelling unit to generate at least 3,500 kWh
per year, or as may be calculated in the energy analysis for the structure. Solar canopies in
guest parking spaces may provide all or the predominant share of the total requirement of
17,750 square feet of total solar array area, and the solar canopies are the preferred
method of achieving this objective because of the required orientation of these uses, and
the sensitive architectural setting. Where possible, these units should provide solar water
heating units or pre-heating units. Surface material and finish shall be non-glare for airport
compatibility. These solar canopies are to be located around the perimeter of the site along
the west and north boundaries so that they function as noise attenuation barriers as well.
g. Neighborhood Commercial/Town Center. Total electrical energy demand is estimated to be
7,500 to 10,000 kWh. All of this demand can be accommodated through solar canopies on
the central parking lot area. Surface material and finish shall be non-glare for airport
compatibility.
h. Public Parks/Spaces. Each public park has structures that may be outfitted with rooftop
solar systems. These include picnic shelters, shade structures, covered pavilions, and
potential solar canopies may provide 10,000 to 12,500 square feet of solar array area.
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Circulation Framework
There are four principal circulation features for the
site: 1) the extension of Buckley Road along the “Caltrans”
alignment to South Higuera Street; 2) connection of a new
Class I bike paths and Class II “buffered” bike lanes from and
through the project site to the Octagon Barn, which is the
trailhead for the Bob Jones City to Sea Trail; 3) the extension
of Venture Drive through the site and connecting with the
extension of Jespersen Road from Buckley Road, creating a
continuous Residential Collector; 4) the extension of Earthwood Lane as a Residential Collector from
Venture Road to Suburban Road for connectively and access to the neighborhood shopping center and
south of Venture to Vachell Lane, it transitions to a 48-foot
residential collector and, 5) the extension of Jespersen Road
from Buckley into the project site, with the eventual extension
of it offsite to connect to Suburban Road via Horizon Lane. A
vehicle bridge and two pedestrian/bike bridges are planned
over Tank Farm Creek to provide neighborhood connectivity,
and an eastbound bike bridge is planned on the south side of
Buckley to provide two-way bike connectivity along Buckley
Road. Figure 26 shows the overall circulation system and
Figures 27 through 30 show the City standard street sections that are to be used for the project.
The LUCE update identified the need to add north-south connections between Tank Farm Road
and Buckley Road. The extension of Earthwood Lane south of Suburban Road to the Avila Ranch project,
the extension of Jespersen Road north of Buckley Road to the northern project limits will contribute to
this connectivity. In the longer term, the connection of Horizon Lane to Tank Farm Road from Suburban
Road, completion of the “Unocal Collector” and other improvements will complete this system.
Pedestrian circulation will be accommodated by street design standards that include sidewalks
on both sides of the street for most classifications of streets within developed areas, and off-street,
multi-use paths along streets adjacent to open space areas, and network of multi-use, Class I facilities
that will connect to the street system within the planning area as well as existing and planned facilities
outside of the Airport Area.
The City’s Bicycle Transportation Plan proposes a comprehensive system of on-street and off-
street bicycle facilities in and around the project site. The ultimate alignment of some of the Class I bike
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paths south of Tank Farm Road will need to be determined as part of the plans to develop the Chevron
property. However, the AASP illustrates the following conceptual alignments:
A. Off-street Class I multi-use paths that parallel creeks and riparian corridors,
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Figure 26 Circulation Plan
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Figure 27 Buckley Road Sections
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B. On-street Class II bicycle lanes on arterial and collector streets, and;
C. A combination of off-street paths adjacent to streets and on-street bicycle lanes.
Class I bicycle paths and Class II bicycle lanes within the Avila Ranch area will be constructed,
signed and marked to meet or exceed the minimum standards established by the California Department
of Transportation Highway Design Manual and the City of San Luis Obispo design standards. Class I
paths are to be a minimum of 12 feet in width with two-foot shoulders, except in hillside areas where
grading would cause visual impacts or along creeks where space is limited. Class II bicycle lanes are to
be at least 6.5 feet wide under normal circumstances, according to the design criteria of the Bicycle
Master Plan (BMP). For Buckley Road and Vachell Lane, Class II facilities will be at least eight feet wide.
The project’s Residential Collectors bicycle lanes are planned to be 8-foot “buffered” lanes (instead of
the BMP standard of five feet for that condition), as shown in Figure 28.
An important linkage in the regional bikeway system is Buckley Road. It will eventually connect
to Higuera Street and the San Luis Obispo City Bob Jones Trail trailhead at the Octagon Barn site.
Because of physical constraints and the extent of construction, the amount of roadway available for bike
traffic varies between Broad and Vachell. These constraints include the bridges across Tank Farm Creek
and the East Fork of San Luis Creek. The Bicycle Transportation Plan provides for Class II bike lanes and
Class I bike paths along corridor, and continuing to Higuera Street.
Residential Collector and Local streets are planned for Avila Ranch. These roadways function to
collect traffic from local streets and fronting property and then channel the traffic to arterial streets.
Collector streets have fewer limitations on intersections and driveways than higher order streets. Figure
28 shows and plan and sectional view of an Avila Ranch Collector Street. A plan and section view of
Local streets for the R-1 area is shown in Figure 29, and an illustration of the other Avila Ranch Local
streets is shown in Figure 30.
Per the AASP, all traffic mitigation measures, taken at full build out of the Airport Area, assure
compliance with the Circulation Element LOS D policy. However, since the rate and exact development
patterns within the Airport Area cannot be predicted, no fixed implementation schedule of overall traffic
mitigation measures can be determined. Therefore, and although not anticipated, development projects
within the Specific Plan area may cause a temporary cumulative traffic level of LOS E to be reached prior
to public improvement project being undertaken. Individual development projects within the Specific
Plan area are to construct adjacent streets, bicycle and transit improvements as part of their
development. For AASP transportation fee public projects, the City reviews LOS levels periodically and
makes recommendations for use of accumulated Airport Area traffic impact fees toward new CIP
projects to address the higher LOS levels and assure ultimate LOS levels are achieved with ultimate
build-out development of the Airport Area.
Phasing of the bicycle improvements, according to the AASP, is a multi-jurisdictional and long-
term effort. According to the AASP, the City or County will implement Class I and II bikeways that are
not adjacent to development or are in the unincorporated area outside of the Specific Plan area (e.g.,
along Buckley and Santa Fe Roads, and along the East Branch of San Luis Obispo Creek south of Buckley
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Figure 28 Collector Streets and Bike Lanes with 2-foot Buffering
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Figure 29 R-1 Zone Street Sections
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Figure 30 Local Street Sections (Non-R-1)
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Road) as part of their respective Capital Improvement Programs. This provision does not reduce the
possibility that development may need to complete these segments as part of their individual
environmental review assessments, if warranted. Several constraints to implementation include right of
way acquisition along the project’s Buckley frontage, the Buckley Road extension, bridge improvements,
and other factors.
According to the Traffic Impact Study, at full buildout, the following improvements would be
needed to address project impacts and needs. Unless otherwise noted, the recommendations apply to
all horizon years (Existing, Near Term, and Cumulative Plus Project.
Traffic Study Recommendations
Vehicular:
1. Extend Prado Road to Broad Street. This planned project would reduce queue issues at the
intersections of South Street/S Higuera Street, Madonna Road/S Higuera Street, and Tank Farm
Road/S Higuera Street. The improvement is being implemented as part of the Margarita Area
Specific Plan, and potentially as a citywide project under the City’s current revision of the traffic
impact fees program.
2. A second northbound left turn lane at Prado Road/S Higuera Street. The intersection functions
adequately, but turning queues are excessive in the peak hours. This requires widening the
Prado Road Bridge west of S Higuera Street to provide two receiving lanes. This widening of the
Prado Road bridge and Prado Road west of Higuera is currently underway as a City Capital
Improvement Project with support from Specific Plan impact fees.
3. Add second southbound left turn lane to the Tank Farm Road/S Higuera Street intersection. The
intersection functions adequately, but turning queues are excessive in the peak hours. The
single turn lane also restricts through traffic flow. This improvement, part of the Citywide traffic
fee program, will be installed by the project in Phase 1 per the EIR.
4. Restripe westbound approach to Suburban Road/S Higuera Street to provide a dedicated left
and shared left/right turn lane and change southbound left to protected signal phasing. This
improvement is being installed as part of the Project’s Phase 1 traffic improvement.
5. Prohibit left turns into and out of the Vachell Lane/S Higuera Street intersection. Extend Buckley
Road to South Higuera Street or connect the project to Earthwood Lane before the turn
prohibition is implemented. Buckley Road is being extended as part of Phase 2 improvements
and modification of the Vachell/Higuera intersection is dependent of an alternate route. The
Vachell/Higuera left turn prohibition improvements will occur when the Buckley Road Extension
is completed.
6. Under Near Term Plus Project conditions, add a second southbound right turn lane to the
LOVR/S Higuera Street intersection. This improvement is a longer-term improvement that
requires additional rights of way, and is intended to address excessive right turning queues in the
peak hours. The city is currently managing the flow of the intersection under the Los Verdes
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Settlement Agreement, and the improvement will be implemented as part of the citywide traffic
impact fee program.
7. Under Cumulative Plus Project conditions pay fair share mitigation fees to install a traffic signal
or single lane roundabout at the intersection of Buckley Road/Vachell Lane. Adequate right of
way has been planned for either improvement, depending on the recommendations at the time
of construction.
8. Implement the County/Caltrans Highway 227 Corridor Plan. SLOCOG, the County and Caltrans
have adopted a corridor improvement concept for Broad/227/Edna Road from Aero Drive to Los
Ranchos Drive. The City portion of this project will be included in the AASP Specific Plan Public
Facilities Financing Program.
Pedestrian and Bicycles:
1. Construct Class I multi-use paths in accordance with the project site plan and connect them to
the off-site transportation network consistent with the City’s Bicycle Transportation Plan.
Planned Bicycle circulation is consistent with the BMP.
2. Construct Class II “buffered” bike lanes on all Residential Collectors and Residential Arterials in
the Project (Earthwood, Venture, Jespersen and Horizon), and on offsite roads include Vachell
and Buckley along the project frontages, offsite Earthwood to Suburban, and the Buckley Road
Extension, as depicted on Figure 28.
3. Construct two bike bridges across Tank Farm Creek, one for eastbound traffic on the south side
of Buckley to provide east-west connectivity on Buckley Road, and the other along the southern
side of Phase 1.
4. Pedestrian improvements along Suburban, Vachell and Higuera to eliminate the missing links of
sidewalks and/or elimination of non-ADA compliant crossings. Appendix F shows the scope of
these improvements.
Transit:
1. Provision of transit stops on the project site. Phase 1 will include a transit stop on Earthwood
north of Venture, and Phase 4 will include a transit stop at the Town Center. Transit stops are
shown on the Circulation Plan in conformance with this requirement.
2. The project site will also be served by bus service from the San Luis Coastal Unified School
District. Transit stops will be provided throughout the project in accordance with their
requirements.
Site Access and On-Site Circulation:
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1. Provide left and right turn lanes on Buckley Road at Vachell Lane and the south project entry.
The project design accommodates these improvements.
2. Construct single lane roundabouts at the on-site intersections of two collector roads.
Roundabouts are shown at Earthwood/Venture, Venture/Horizon(Jespersen), and the Town
Center.
3. Where collector roads intersect with local roads the local roads should be stop controlled.
4. Review construction documents to ensure adequate sight distance is provided at on-site
intersections and driveways. Site distance calculations are shown on the Vesting Tentative Map,
in conformance with City design requirements.
5. Connect the project to Earthwood Lane as a part of Phase 1 of development. Connect the
project to Horizon Lane as a part of Phase 4 of development. Earthwood is connected to
Suburban as part of Phase 1. Venture is connected to Jespersen/Horizon as part of the Phase 4,
and the Jespersen/Horizon extension from Buckley is planned for Phase 4.
Additional detail on these improvements is provided in the Traffic Impact Study for the project.
Phasing
` The foregoing summary provides the scope of needed improvements to support the circulation
needs and demands for the project. Some of these improvements will be installed as part of the project,
as described below. Others will be implemented by the City and/or County as part of their capital
improvement programs. The transportation improvements associated with each phase of the project
based on information from the traffic study and project impacts are as follows:
Phase 1 includes the, extension of Venture Road along the phase frontage through the
Venture/Earthwood roundabout, and extension of Earthwood to Suburban , the extension of the
Earthwood Collector (w/Class II) to Suburban, and a transit stop along Earthwood Extension. (MM
TRANS 11a, 12). This phase would also include the modification of the Higuera/Suburban intersection
per the traffic study (MM TRANS 7c). Phase 1 will also include pedestrian improvements on Suburban
Road between Earthwood and Higuera, and pedestrian improvements along the east side of Higuera
between Vachell and LOVR per the plans in Appendix F. (MM TRANS 10a, 10b, 10c Mitigation measures
prescribed by the EIR for the project in Phase 1 include the following:
a. Installation of an additional southbound left turn lane at Higuera and Tank Farm Road. (MM
TRANS 7b).
b. Extension of the northbound right turn lane at South and Higuera. (MM TRANS 6).
Phase 2 This phase will include the extension of Buckley Road from Vachell to Higuera, and
improvements to restrict left turns to and from Higuera and Vachell. As part of this phase, the Buckley
Extension Class I bike path may be installed in an interim or permanent condition, subject to availability
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of right of way and governmental approvals. (MM TRANS 7c). This phase would also include the Class I
bike path from the Class II diversion on Buckley to Vachell, a pedestrian/bike bridge over Tank Farm
Creek north of Buckley for Class I bike path and, a Class II bike lane bridge on south side of Buckley at the
Buckley/Tank Farm Creek Bridge. This phase would also include the extension of frontage improvements
and the extension of the Tank Farm Creek Class I bike path to Venture Lane.
Phase 3 circulation improvements includes completion of in tract circulation, and the frontage
improvements along Venture Lane.
Phase 4 includes the development of the eastside circulation network for the project, including
the construction of the vehicle and pedestrian bridge from Venture to Jespersen, the completion of
Jespersen Road to Buckley, completion of Horizon Road from Venture to Suburban Road, project entry
improvements on Buckley Road, and the Buckley frontage improvements. It would also include
widening of the Buckley Road shoulders along the project frontage to meet minimum bikeway standards
for road speed, slope other site conditions. Phase 4 would include the completion of the Tank Farm
Creek Class I bike path to the Chevron open space, and the improvement of sidewalks and ADA crossings
on Suburban between Horizon and Earthwood. Phase 4 would also involve the development of the
second transit stop at the Town Center.
Phase 5 circulation improvements include the development of in tract improvements, and the
construction of the second bridge over Tank Farm Creek connecting to the Town Center. No added
traffic improvements are planned.
Phase 6 does not include the development of any additional traffic and circulation
improvements.
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Infrastructure Framework
Domestic Water
Existing City water main facilities slated to serve the site consist of an 18 -inch main in S. Higuera
Street and an existing 12 -inch main in Suburban, and new potable and recycled water mains in
Earthwood. Providing adequate domestic and fire flows to the Avila Ranch project will require extension
to the new lines in Earthwood and eventual looping of the system. Main lines within the project will be
looped through the individual phases to provide required flows and redundancy. Figure 31 shows the
planned water system improvements.
Construction of a 10-inch main line within the Earthwood Lane Phase I Right of Way has been
completed. This line is stubbed approximately one-third of the way into the Earthwood subdivision
project, with plans for a Phase II extension of the road to the north property line of Avila Ranch.
The adjacent former Dioptics/currently Trust Automation building at 125 Venture Drive is served
by water originating from an existing private offsite well and private water line which runs within Vachell
Lane. The system, installed at that time, provided stubs for future water connection to a new main line
in Vachell. The Avila Ranch project will provide connection to these laterals at the time a main line is
extended within Vachell.
The project proposes several features that meet and exceed the current water conservation and
management regulations from the City or State agencies. Development in the Avila Ranch area is to be
designed so that the projected annual residential water consumption for the project is 30 percent less
than the city’s current average residential per-person annual community water consumption (estimated
at 60 gallons per day per person). To meet this goal, the following performance standards are to be
used: 1) turf shall not be permitted for individual yard landscaping. Landscape plans shall be developed
which require lower water usage, and which require lower maintenance. Landscape plans shall reflect
the local climate zones and local plant material; 2) turf may be used where it is associated with a
common open space, parkways, sports field or other common area. Where feasible, these areas will be
irrigated with recycled water supplies; 3) landscape and irrigation plans should use drip irrigation
systems to the extent feasible. Overhead spray irrigation is discouraged; 4) residential units will be pre-
plumbed for onsite water recycling; 5) plumbing fixtures shall comply with EPA “WaterSense” standards
and to CalGreen flow standards; and 6) the project shall use “compact plumbing” strategies as described
in Section 13 of the Design Framework.
In its pre-development condition, the site uses approximately 90-95 acre-feet of ground water
per year from a local irrigation well for agricultural purposes. This is based on one fourth of the site
being planted in irrigated crops each year at an application rate of 30 inches per crop, with the balance
of the site either fallow or in dry farmed crops. The Water Supply Assessment prepared for the project
found that the ten-year average per capita water use for the City was 114.4 gallons per capita per day
(gpcd) from 2005-2016. The 2015 residential water use for the community is currently 59 gpcd. Total
City current water use is 4,990 AF/year, a ten percent reduction from the previous year. The Avila Ranch
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water usage is estimated to be lower than current city average usage, with estimated residential water
usage calculated to be 39 gallons per day per person per day. Avila Ranch’s projected usage is 0.7% of
total supply and 2% of available water supply. Total projected water usage for the project according to
the Water Supply Assessment for the Mitigated Project, is 127.7 acre-feet (AF), with 73 AF feet of that
demand being met by potable water supplies, and 57.7 AF being met by city recycled water supplies.
Recycled Water
The City of San Luis Obispo continues to expand their recycled water system. New facilities to
serve the Avila Ranch project will be extended from the existing line in Earthwood. Figure 31 shows the
planned locations of the potable water and recycled water main lines. Approximately 82 percent of
irrigation demand for the project site will be met with non-potable recycled water, a total of 57.7 acre
feet± of recycled water.
Sanitary Sewer
The Avila Ranch property, as with all properties within the Airport Area Specific Plan, lies
downstream of the existing Sewage Treatment Plant, requiring a system of force mains and/or lift
stations to transport flows to the gravity lines which feed the plant. As part of the Avila Ranch project, a
pump station will be constructed near the intersection of Vachell and Buckley to move flows to the
north. This force main will run through Earthwood, Suburban, Short, Long, and Cross Street with
eventual disposition into a gravity main in Tank Farm Road. The Avila Ranch project proposes to
construct a system of gravity lines within the project to transport flows to the planned pump station and
construct a force main system to transport those flows back up through the site, across an adjacent
parcel to Suburban Road and easterly in Suburban, up Short, Long, and Cross Street to a point where a
gravity line can be constructed to extend northerly to tie to the existing main line in Tank Farm Road
which feeds into the Tank Farm Lift Station. Figure 32 shows the planned sewer mains, lift station, and
force mains.
Adjacent future development at Venture Lane was planned to be served by septic systems when
initially approved by the County and the former Dioptics/current Trust Automation building, located @
125 Venture Drive, pumps from the existing building to a leach field on the north side of their property.
Revisions to that system, and extension of sewer mains, to this area are not a part of the planned
improvements associated with Avila Ranch.
Dry Utilities
PG&E will provide underground extensions from existing facilities, from overhead lines along the
west side of Vachell, and along the south side of the Suburban properties to the north. Final
requirements will be confirmed with PG&E. Cable TV/Phone facilities exist along Vachell Lane and are
planned to be extended to serve the site. Southern California Gas Company has an existing 16 -inch
high-pressure main line which extends southerly in Vachell and easterly in Buckley.
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Figure 31 Water Master Plan
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Figure 32 Sewer Master Plan
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Service for the Avila Ranch project may originate from this 16 -inch line, and would include the
installation of pressure reducing stations to be designed by SoCal Gas.
Storm water, Hydrology and LID Compliance
The project is subject to the Low Impact Development requirements of the Regional Water
Quality Control Board’s Post Construction Requirements. A drainage study has been prepared to
analyze the project’s conformance with Water Board and City of SLO drainage requirements.
Stormwater treatment and retention is planned for runoff from the new impervious areas associated
with this project. Runoff from these areas will be directed to vegetated or underground facilities that are
intended to retain and infiltrate the runoff from events up to the 95th percentile 24-hour rainfall event.
For larger events, these vegetated facilities will overflow into standpipes that connect to storm drain
conveyance pipes that discharge to Tank Farm Creek.
Drainage for the planned development is shown in Figure 33 and described in the following
sections.
Northwest Portion of Site
The portion of the site on the northwest side of Tank Farm Creek consists of Phases 1 through 3
and is comprised mostly of medium-density single-family residenceswith some high-density multi-family
residences. Runoff from these areas will be directed to either onsite vegetated treatment facilities or
underground facilities designed to meet treatment and retention requirements. For storms larger than
the required onsite retention design storm, the vegetated facilities will overflow into various inlets that
connect to a network of storm drain conveyance pipes in the streets that discharge to Tank Farm Creek
at various locations.
Runoff from the public sidewalks and streets is planned to be conveyed by surface flow in the
gutters and streets to vegetated treatment facilities located in the small onsite parks and along the
creek bank. These facilities will overflow into standpipes that connect to the storm drain pipe networks
that discharge to the creek or a larger regional detention pond located north of Buckley Road. There is
currently one detention pond planned for the site. This pond will be located at the southwest corner of
the site and detain the runoff from the single-family residences and streets located in that portion of the
site. This pond is adequate to handle the peak flow and storm drainage needs of Phases 1 through 3.
Offsite runoff that enters the site from the north and west is planned to be collected and conveyed
through the project site with underground pipe.
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Figure 33 Storm Drain Master Plan
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Southeast Portion of Site
The portion of the site on the southeast side of Tank Farm Creek includes phases 4 through 6
and is comprised of low-density single-family residences,medium-high density multi-family residences,
commercial development, and parks. Runoff from the imperious surfaces, including the public sidewalks
and streets, is planned to be directed to vegetated treatment or underground facilities located at the
backs of the sidewalks to meet treatment and retention requirements. For storms larger than the
required onsite retention design storm, the vegetated facilities will overflow into standpipes that
connect to a network of storm drain conveyance pipes in the streets that discharge to Tank Farm Creek
at various locations. Because of the peak flows associated with the site, development of this portion of
the project is dependent on the installation of a portion (but not all) of the storm drainage
improvements being installed as part of the Chevron Remediation project. These improvements are
those located in the southeast portion of the Chevron site immediately to the north of the project site.
They would be installed either by Chevron as part of their planned remediation efforts, or, if
unexpectedly delayed, under contract with Avila Ranch LLC.
The project’s design features have been developed to comply with Performance Requirements 1
through 4.
Performance Requirement 1 – Site Design and Runoff Reduction:
Under this requirement there is limited disturbance to creeks and drainage features, avoidance
of compaction on permeable soils, limited clearing and grading of vegetated areas, reduction in
impervious surfaces, and other measures to limit offsite runoff. Tank Farm Creek will not be modified
except for its realignment to its former natural course and connection to the Chevron detention basin.
The project site soils exhibit a wide pattern of permeability and those adjacent to the creek show the
most consistent pattern of moderate to rapid permeability, with soils influenced by historic water flows
or occasional flooding showing the lowest permeability. Soils adjacent to the Tank Farm Creek will be
used for open space, recreation, and for storm water infiltration/ detention.
The project will also include many features to minimize the amount of impervious surfaces, and
may include the use of pervious pavement and pavers for R-2 driveways, usage of pervious
pavers/porous concrete on at least 20 percent of parking lot areas for multifamily/commercial and town
center areas (in conjunction with v-gutters and French drains), and narrower streets sections consistent
with other Specific Plans in the community. Streets and paved areas will be surfaced drained where
possible to LID catchment areas.
Performance Requirement 2 – Water Quality Treatment
The site will have an integrated system of small filtration ponds that will retain the 85th
percentile 24- hour storm. Figure 23 shows the distribution of these areas and the bioswales for the
project. It is estimated that approximately five percent of the surface area is required to comply with
the retention requirement.
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Performance Requirement 3 – Runoff Retention
The site will have an integrated system of small filtration ponds that will retain at least the 85th
percentile 24- hour storm. Thirty-five percent of the site will be in open space or park uses, substantially
reducing runoff from the project site. The ponds have a combined capacity of approximately 23 acre-
feet, an amount adequate for retention of a 25-year storm, or detention for a 50-year storm.
Performance Requirement 4 – Peak Management
The onsite ponds and detention areas are designed to manage flows through the onsite ponds. The
peak management strategy is to filter surface flows and to release these filtered flows into Tank Farm
Creek ahead of upstream flows. The ponds have a combined capacity of approximately 23 acre-feet, an
amount adequate for retention of a 25-year storm, or detention for a 50-year storm.
Page 323 of 351
Page 324 of 351
TRACT 3089
R-2 LAND USES WITHIN
PHASES 1, 2 & 3
SAN LUIS OBISPO, CA
ARCHITECTURAL &
DEVELOPMENT REVIEW
11.24.20
Revised 06.11.21
Avila Ranch Specific Plan Development Standards
Medium Density Residential Building Standards (R-2)
EXAMPLES
These sketches
show basic lot
layouts based on
the Development
Standards. Not all
features are shown in
each layout.
STANDARDS
Minimums, unless
otherwise noted. (A)
ALLEY OR STREET ACCESS
CLUSTER DEVELOPMENTDETACHED -
ZERO LOT LINE
ATTACHED -
ZERO LOT LINE
(includes pairs of
dwellings on adjacent
lots)
DETACHED
(parking access from
street)
Lot Area
Lot Coverage
3,575 sf Min.
60% Max
3,575 sf Min.
60% Max
3,575 sf Min.
60% Max
3,575 sf Min.
60% Max
2,620 sf Min.
60% Max
1- Street Setback:
Dwelling
Front Porch
15 ft
10 ft
15 ft
10 ft
15 ft
10 ft
15 ft
10 ft
15 ft
10 ft
2- Rear Setback:
Dwelling
Garage
20 ft (F)
13 ft (F)
20 ft (F)
13 ft (F)
3.5 ft
N/A
5 ft
5 ft
5 ft
5 ft
3- Side Setback
Dwelling
Porch
4 ft
N/A
4 ft
N/A
4 ft
N/A
8 ft (B) / 13 ft (C)
5 ft (B) / 10 ft (C)
8 ft (B) / 13 ft (C)
5 ft (B) / 10 ft (C)
4- Interior Setback 0 ft / 4 ft (D) 0 ft (attached) / 4ft 4 ft 4 ft 4 ft (E)
5- Garage Setback see rear setback see rear setback 18.5 ft 13 ft (F)13 ft (F)
6- Side Street
Setback 10 ft 10 ft 10 ft 10 ft 10 ft
Building Height (G)35 ft Max 35 ft Max 35 ft Max 35 ft Max 35 ft Max
Notes:
A- Tract 3089 Final Map(s) to include any parcel-specific encroachments into setback and/or easements based on map and lotting configurations beyond elements allowed per Zoning Regulation §17.70.170 (Allowed Projections into
Setback Area).
B- Setback is from property line to dwelling in areas with 10-foot landscape easements.
C- Setback is from property line to dwelling in areas with 20-foot landscape easements.
D- Where a building wall is located on a lot line, there shall be an easement of at least 4 feet wide on the neighboring lot for maintenance access.
E- Setback for uncovered parking spaces is 1 foot.
F- Assumes property line and center line of driveway/alley are coterminous.
G- Second floor setbacks shall match ground floor setbacks.
Public Street Public StreetPublic StreetPublic Street
Yard Yard
Yard
Yard
POCKET COTTAGE DEVELOPMENT
8 LOTS
CLUSTER DEVELOPMENT
4 TO 6 LOTS
Public StreetPublic Street
1
3
5
2
1
2
6
1
5
Public Street
AlleyAlley
4
2
(B) 10 ft. Landscape Easement (C) 20 ft. Landscape Easement (B) 10 ft. Landscape Easement
3
3
4
4
PROJECT DESCRIPTION
P-1.5
Excerpt of updated R-2 development standards from the Avila Ranch Development Plan. The design of the R-2 product is consistent with the applicable
standards.
AVILA RANCH DEVELOPMENT PLAN OCTOBER 2020
Page 325 of 351
Page 326 of 351
PLANNING COMMISSION AGENDA REPORT
SUBJECT: REVIEW OF A DRAFT ORDINANCE AMENDING TITLE 17 (ZONING
REGULATIONS) OF THE MUNICIPAL CODE WITH OBJECTIVE DESIGN
STANDARDS FOR QUALIFYING RESIDENTIAL PROJECTS
PROJECT ADDRESS: Citywide BY: Rachel Cohen, Associate Planner
Phone Number: 805-781-7574
Email: rcohen@slocity.org
FILE NUMBER: CODE-0523-2021 FROM: Tyler Corey, Deputy Director
RECOMMENDATION
Adopt a draft Resolution recommending the City Council introduce and adopt an
Ordinance amending Title 17 (Zoning Regulations) of the Municipal Code adding
Objective Design Standards Chapter 17.69 for qualifying residential projects.
1.0 COMMISSION'S PURVIEW
The Planning Commission’s role is to review the proposed Zoning Regulations
amendment for consistency with the City’s Housing Element and State Law and make a
recommendation to the City Council regarding the proposed amendment that includes the
addition of Objective Design Standards for qualifying residential projects.
2.0 PROJECT INFORMATION
2.1 Background
In 2017, the Governor signed multiple housing bills, including Senate Bill (SB) 35
Streamlined Approval Process, which added Section 65913.4 to the Government Code
providing for a streamlined, ministerial approval process for multi-unit housing projects of
two or more residential units or mixed-use, subject to certain conditions and consistent
with objective zoning and design review standards. In addition, Government Code
65583.2 requires a city to allow housing developments, in which at least 20 percent of the
units are affordable to lower income households on sites that have been listed in the City’s
Housing Element inventory in two or more consecutive planning periods, to be processed
through a ministerial review. In response, the City adopted Program 6.22 as part of the
City’s 6th Cycle Housing Element. Program 6.22 states that the City will update the
municipal code to expand objective design standards for qualifying residential projects
within one year of the adoption of the Housing Element Update (the Housing Element
was adopted by City Council on November 17, 2020).
Meeting Date: 9/22/2021
Item Number: 4b
Time Estimate: 60 minutes
Page 327 of 351
Item 4b
CODE-0523-2021
Planning Commission Report – 09/22/2021
2.2 Objective Standards
Objective1 standards are regulations that do not require judgement to determine whether
they have been met. For example, the City has Zoning Regulations that identify specific
building height limits, require that buildings be setback a certain distance from property
lines, and establish the minimum number of parking spaces required for a deve lopment
project. These regulations are all considered “objective standards” because they are
numeric and do not require a subjective opinion to determine whether a development
project follows those standards.
2.3 Objective Design Standards
Currently, design related direction is provided in the City’s Community Design Guidelines
(CDG). While these guidelines will still be applicable to projects that qualify for
discretionary review, most of the guidelines are not objective and cannot be used for
projects subject to a ministerial review process. The ministerial process is where a
development project is reviewed and approved at the staff level , utilizing established
objective code requirements and standards (such as those outlined in the Zoning
Regulations and mentioned in Section 2.2 above). To continue to preserve and enhance
the City’s unique architectural characteristics within the ministerial review process, staff
has developed Objective Design Standards (ODS). The ODS utilize concepts and
direction from the CDG, City policies, and examples from other jurisdictions to provide
minimum design standards to ensure new qualifying residential development is
compatible and complimentary with existing development while also allowing flexibility for
creativity.
2.4 Applicability
Projects that will be reviewed against Objective Design Standards are residential projects
(including mixed use projects) that qualify for streamlined, ministerial processing per
Government Code Section 65913.4 (SB 352), or that are a “use by right” residential
project. A “use by right” residential project is a residential project that includes at least 20
percent of the units as affordable to lower income households (low, very low, and
extremely low) and does not require discretionary review or approval (see Government
Code Section 65583.2 and Housing Element Programs 2.173 and 2.184) and residential
projects that are otherwise deemed subject to ministerial processing per state or local
law.
1 The Housing Accountability Act defines “objective” as “involving no personal or subjective judgment by a public official
and being uniformity verifiable by reference to an external and uniform benchmark or criterion available and knowable
by both the development applicant or proponent and the public official.” (GC Section 65589.5(h)(8).)
2 SB 35 allows streamlining for residential project in cities that have not met their RHNA numbers. Eligible developments
must include a specified level of affordability, be on an infill site, comply with existing residential and mixed-use general
plan or zoning provisions, and comply with other requirements.
3 Housing Element Programs 2.17 allows residential developments that include at least 20 percent of the units as
affordable to lower income households, by right (no discretionary review) on sites identified in Housing Element Table
E-2.
4 Housing Element Program 2.18 allows residential developments by right (no discretionary review) for those
developments that include at least 20 percent of the residential units as affordable to low-income households.
Page 328 of 351
Item 4b
CODE-0523-2021
Planning Commission Report – 09/22/2021
Residential projects seeking exceptions or modifications to any objective development
standards set forth in the City’s Zoning Regulations or the ODS, excluding modifications
granted as part of density bonus concession, incentive, parking reduction, or waiver of
development standards pursuant to State Density Bonus Law or the City’s density bonus
regulations (Chapter 17.140), are not eligible for the ministerial, streamlined processing,
and will be subject to the City’s discretionary development review process outlined in
Chapter 17.106 of the Municipal Code.
2.5 Previous Advisory Body and Public Review
On June 21, 2021, the ARC received a presentation from staff regarding the development
of Objective Design Standards (ODS). As a part of that presentation, staff requested that
ARC select a subcommittee to assist staff with further development of the draft ODS. On
July 21st and July 27th staff met with the ARC subcommittee to review the draft ODS.
Additionally, staff requested professionals involved with local building design,
architecture, and development comment on the draft ODS. Comments from the ARC
subcommittee and the local professionals were integrated into the draft ODS and
presented to the ARC on August 16, 2021. The ARC reviewed the draft ODS and
recommended the Planning Commission recommend approval of the standards with
specific changes. These recommended changes are discussed in Section 3.0 below.
3.0 PROJECT ANALYSIS
3.1 ARC Recommended Changes and Staff Response
1. ARC Recommendation: ODS 17.69.020.B(3) and 17.69.030.B(4) stated in part,
“At least two (2) materials shall be used on any building exterior, in addition to
any glazing and railings. Any one material must comprise at least 20% of the
building’s exterior...” The ARC recommended that this part of the standard be
modified to include language that would allow for Spanish style architecture (all
stucco) and allow industrial or historic architectural representations (e.g., all
brick, all metal).
Staff Response: The issue brought forward was that this standard would
preclude the ability for a residential project to use all of one kind of material on
the exterior; for example, a Spanish style design. This standard was added to
the ODS to require more variation in the overall exterior design. To add
language regarding a specific type of architecture is not an objective standard.
The standard would have to describe exactly what “Spanish style” or “industrial
or historic architectural representations” and include detailed definitions that
are not subject to interpretation or judgement. These terms are often defined
differently depending on the person/entity describing the architecture. The
removal of this requirement does not eliminate required variation on a building
façade as the standards include other requirements for projections, setbacks,
etc. under the Massing and Articulation section. Considering the ARC’s
concerns of the limitations contained in this standard, and that there are other
standards that would provide sufficient articulation and variation, staff is
recommending the two (2) material requirement in 17.69.020.B(3) and
Page 329 of 351
Item 4b
CODE-0523-2021
Planning Commission Report – 09/22/2021
17.69.030.B(4) be removed as follows (edits are indicated by underline and
strikeouts):
At least two (2) materials shall be used on any building exterior, in addition to
any glazing and railings. Any one material must comprise at least 20% of the
building’s exterior. Veneers shall turn corners and not expose edges so that
finish materials appear “thin”, as in the example of “brick” veneer applied to a
single building face so that it is obviously only 3 -inch thick when viewed from
the side.
In addition, staff is recommending that 17.69.020.D(4) be ame nded as follows
to be consistent with the direction from ARC:
Mixed-use buildings three or more stories shall provide a first story elevation
that is distinctive from the upper stories by providing a through material change,
change in color, or use of different architectural details such as reveals, course
lines, decorative cornice, columns, etc. between the ground floor and upper
floors along at least seventy-five (75) percent of the first-floor building façade(s)
with frontage upon a street.
2. ARC Recommendation: The ARC recommended that ODS 17.69.020.B(3) and
17.69.030.B(4) be modified to specify that veneers on the exterior of the
building terminate at an inside corner or that the veneer end must be finished.
Staff Response: Staff has revised 17.69.020.B(3) and 17.69.030.B(4) to state
the following (edits are indicated by underline and strikeouts):
Veneers shall turn corners and terminate into the inside corner of the building
or be finished and not expose edges so that finish materials do not appear “thin”
or artificial as in the example of “brick” veneer applied to a single building face
so that it is obviously only ½ -inch thick when viewed from the side.
3. ARC Recommendation: ARC recommended that ODS 17.69.020.C(2) and
17.69.030.C(2) be modified to require a minimum eave of twelve (12) inches.
Staff Response: Staff has revised ODS 17.69.020.C(2) and 17.69.030.C(2) to
state the following (edits are indicated by underline and strikeouts):
Overhanging eaves shall extend two (2) feet twelve (12) inches or more past
the supporting walls. This does not apply to gable faces.
4. ARC Recommendation: ARC recommended that ODS 17.69.040.H(1) include
flexibility and that a project could use paint as an option to screen m echanical
equipment.
Page 330 of 351
Item 4b
CODE-0523-2021
Planning Commission Report – 09/22/2021
Staff Response: Staff has revised both ODS 17.69.040.H(1) and
17.69.040.H(2) to be consistent with one another and the direction as provided
by the ARC (edits are indicated by underline and strikeouts):
All mechanical and electrical equipment shall be located internally within the
proposed buildings. If equipment cannot be located internally due to code
requirements, it shall be screened using a combination of at least two of the
following: with paint color, landscaping, fencing or walls, fencing, or
landscaping or a combination these methods consistent with other City
standards.
Any required backflow preventer and double -check assembly shall be located
inside the building within twenty (20) feet of the f ront property line. Where this
is not possible, due to code requirements, the backflow preventer and double -
check assembly shall be located in the street yard and screened using a
combination of at least two of the following: paint color, landscaping, fencing or
walls consistent with other City standards and a low wall or fence.
5. ARC Recommendation: ARC provided direction that residential developments
located within residential zones should be able to utilize metal as an exterior
accent material and cover no more than 15% of the exterior.
Staff Response: Staff has revised ODS 17.69.020.B(1) to allow for metal as an
accent material in residential zones (edits are indicated by underline and
strikeouts):
Buildings shall use high-quality exterior wall materials chosen from the list
below.
a. Smooth or sand finished stucco
b. Cut stone
c. Rusticated block (cast stone)
d. Precast concrete
e. Brick veneer
f. Ceramic or porcelain tiles
g. Fiber Cement board planks, panels, siding, board and bat, etc. (e.g.,
Hardi plank, Hardi panel)
h. Corrugated metal (only within Commercial Zones (C-C, C-T, C-S, C-R,
M), or as an accent material, covering no more than 15% on the exterior,
within all other zones))
i. Metal paneling (only within Commercial Zones (C-C, C-T, C-S, C-R, M),
or as an accent material, covering no more than 15% on the exterior,
within all other zones))
j. Corten steel paneling (only within Commercial Zones (C-C, C-T, C-S, C-
R, M), or as an accent material, covering no more than 15% on the
exterior, within all other zones)
k. Wood plastic composite siding (e.g., Resysta products)
l. Wood siding
m. Burnished block (only within Commercial Zones (C-C, C-T, C-S, C-R, M)
Page 331 of 351
Item 4b
CODE-0523-2021
Planning Commission Report – 09/22/2021
6. ARC Recommendation: ARC provided direction that ODS should include a
requirement regarding privacy (windows not looking into other windows).
Staff Response: Staff has added ODS 17.69.020.B(11) and 17.69.030.B(14)
that states:
Where windows are proposed within ten (10) feet of another building, the
windows shall be offset horizontally at least 12 inches (edge to edge) or use
clearstory windows, glass block or non-operable opaque windows so as not to
have a direct line-of sight into adjacent units.
7. ARC Recommendation: ARC provided direction that ODS should include
required common open space, with enhanced amenities) for residential
development located within the Downtown.
Staff Response: The ODS includes requirements for open space within all
zones except the Downtown Commercial (C-D) zone. Staff did not include open
space as a requirement for Downtown for several reasons:
1. Anticipate maximum build out of the site (zero setback requirements)
2. Amenities (creek, mission plaza, restaurants, businesses, etc.) are in
very close proximity to any development located within the Downtown.
3. Adds additional costs for an affordable housing project that is not
required of other projects in the Downtown
8. ARC Recommendation: The ARC recommended that the ODS include
illustrations. In particular, illustrations that show examples of reveals, cornices,
and other architectural details; how a building looks utilizing the various roof
design standards; and how to utilize different materials on a given building.
Staff Response: Staff will be developing a separate document to accompany
the ODS amendment to the Zoning Regulations that will include illustrations
and other helpful information on how to apply the standards. The intent is for
this document to be easy to understand and use but will not be part of the
Municipal Code.
9. ARC Recommendation: The ARC provided direction that the ODS should
include a requirement for visual access to public spaces (sidewalks, roads,
parks, etc.) and common and private outdoor spaces to provide visibility and
community safety (eyes on the street).
Staff Response: Staff has added ODS 17.69.020.B(12) that states:
All residential units that front, face, or overlook a public, common or private
outdoor space shall be designed with at least one window that provides
overlook on the outdoor space.
Page 332 of 351
Item 4b
CODE-0523-2021
Planning Commission Report – 09/22/2021
3.2 Focus of Review and Discussion Items
As noted in Section 2.4 above, the Objective Design Standards will only apply to those
projects that meet certain qualifications. Items for the Planning Commission to consider
and discuss regarding the draft ODS include:
Clarity of the proposed standards
Implementation of the proposed standards
Is anything missing
4.0 ENVIRONMENTAL REVIEW
The project is exempt per CEQA Guidelines Section 15061(b)(3), the “Common Sense”
exemption because the proposed action consists only of the adoption of new standards
for objective review of qualifying projects and will have no physical effects on the
environment and has no possibility of a significant effect on the environment. The
Objective Design Standards are consistent with development standards of the Zoning
Regulations and projects which qualify for the Objective Design Standards will be required
to comply with all relevant City standards, codes, and regulations.
5.0 OTHER DEPARTMENT COMMENTS
Staff comments have been incorporated into the draft Objective Design Standards. In
addition, all eligible residential projects must comply with all objective City policies,
thresholds of significance, development standards, and design standards as established
in, but not limited to, the General Plan, Zoning Regulations, City Standard Specifications
and Engineering Standards, Active Transportation Plan, Transportation Impact Study
Guidelines, Climate Action Plan, and the Municipal Code.
6.0 ALTERNATIVES
6.1 Continue the project. An action continuing the project should include direction to
the staff on pertinent issues.
7.0 ATTACHMENTS
A – Draft Resolution (includes Draft Ordinance)
Page 333 of 351
Page 334 of 351
RESOLUTION NO. PC-XXXX-21
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SAN LUIS OBISPO RECOMMENDING THE CITY COUNCIL INTRODUCE
AND ADOPT AN ORDINANCE AMENDING TITLE 17 (ZONING
REGULATIONS) OF THE MUNICIPAL CODE ADDING OBJECTIVE
DESIGN STANDARDS CHAPTER 17.69 FOR QUALIFYING
RESIDENTIAL PROJECTS WITH AN EXEMPTION FROM
ENVIRONMENTAL REVIEW (CEQA) AS REPRESENTED IN THE
PLANNING COMMISSION AGENDA REPORT AND ATTACHMENTS
DATED SEPTEMBER 22, 2021 (CITYWIDE; CODE-0523-2021)
WHEREAS, the City Council adopted the 6 th Cycle Housing Element on
November 17, 2020, that includes Program 6.22 that states, “Update the City’s
municipal code to expand objective design standards within one year of the
adoption of the Housing Element Update;” and
WHEREAS, the City of San Luis Obispo wishes to update the City’s
Municipal Code and introduce Objective Design Standards for Qualifying
Residential Projects (Chapter 17.69) of Title 17 consistent with the 6 th Cycle
Housing Element; and
WHEREAS, the Architectural Review Commission of the City of San Luis
Obispo conducted a web ba sed public hearing on June 21, 2021 for the purpose of
receiving a staff presentation regarding Objective Design Standards for qualifying
residential projects and selecting a subcommittee to assist staff with further development
of the draft ODS; and
WHEREAS, the Architectural Review Commission of the City of San Luis
Obispo conducted a web based public hearing on August 16, 2021 for the purpose of
reviewing an amendment to Title 17 (Zoning Regulations) of the Municipal Code
regarding Objective Design Standards for qualifying residential projects, and
recommended approving the standards with specific changes; and
WHEREAS, the Planning Commission of the City of San Luis Obispo
conducted a web based public hearing on September 22, 2021, for the purpose of
considering an amendment to Title 17 (Zoning Regulations) of the Municipal Code
regarding Objective Design Standards for qualifying residential projects; and
WHEREAS, notice of said public hearing were made at the time and in the
manner required by law; and
WHEREAS, the Planning Commission has duly considered all evidence,
including the testimony of the applicant, interested parties, and the evaluation and
recommendations by staff, presented at said hearing.
Page 335 of 351
Planning Commission Resolution No. PC-XXXX-21
CODE-0523-2021
Page 2
NOW, THEREFORE, BE IT RESOLVED , by the Planning Commission of the
City of San Luis Obispo as follows:
SECTION 1. Findings. The Planning Commission does hereby recommend the
City Council introduce and adopt the proposed Objective Design Standards for qualifying
residential projects based on the following findings:
1. The proposed amendments to Title 17 of the Municipal Code are consistent with
the 6th Cycle Housing Element Program 6.22 which states “Update the City’s
municipal code to expand objective design standards within one year of the
adoption of the Housing Element Update.”
2. The addition of Chapter 17.69 to Title 17 of the Municipal Code will not alter the
character of the City or cause health safety or welfare concerns because the
amendment is consistent with the General Plan and directly implements City goals
and policies.
SECTION 2. Environmental Review. The proposed amendment to the Municipal
Code Title 17 has been assessed in accordance with the authority and criteria contained
in the California Environmental Quality Act (CEQA), the state CEQA Guidelines, and the
environmental regulations of the City. Specifically, the proposed amendment has been
determined exempt per CEQA Guidelines Section 15061(b)(3), the “Common Sense”
exemption because the proposed action consists only of the adoption of new standards
for objective review of qualifying projects and will have no physical effects on the
environment and has no possibility of a significant effect on the environment. The
Objective Design Standards are consistent with development standards of the Zoning
Regulations and projects which qualify for the Objective Design Standards will be required
to comply with all relevant City standards, codes, and regulations.
SECTION 3 . Recommendation. The Planning Commission does hereby
recommend the City Council introduce and adopt an ordinance amending Title 17 (Zoning
Regulations) of the Municipal Code with Objective Design Standards for qualifying
residential projects as set forth in Attachment 1.
Upon motion of ______________________, seconded by
__________________ and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was passed and adopted this 22nd day of September 2021.
_____________________________
Tyler Corey, Secretary
Planning Commission
Page 336 of 351
O _____
ATTACHMENT 1: DRAFT ORDINANCE
ORDINANCE NO. ______ (2021 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AMENDING TITLE 17 (ZONING
REGULATIONS) OF THE MUNICIPAL CODE WITH OBJECTIVE DESIGN
STANDARDS FOR QUALIFYING RESIDENTIAL PROJECTS WITH AN
EXEMPTION FROM ENVIRONMENTAL REVIEW (CEQA)
WHEREAS, the City Council adopted the 6th Cycle Housing Element on
November 17, 2020, that includes Program 6.22 that states, “Update the City’s
municipal code to expand ob jective design standards within one year of the
adoption of the Housing Element Update;” and
WHEREAS, the City of San Luis Obispo wishes to update the City’s
Municipal Code and introduce Objective Design Standards for Qualifying
Residential Projects (Chap ter 17.69) of Title 17 consistent with the 6 th Cycle
Housing Element; and
WHEREAS, the Architectural Review Commission of the City of San Luis
Obispo conducted a web based public hearing on June 21, 2021 for the purpose of
receiving a staff presentation regarding Objective Design Standards for qualifying
residential projects and selecting a subcommittee to assist staff with further development
of the draft ODS; and
WHEREAS, the Architectural Review Commission of the City of San Luis
Obispo conducted a web based public hearing on August 16, 2021 for the purpose of
reviewing an amendment to Title 17 (Zoning Regulations) of the Municipal Code
regarding Objective Design Standards for qualifying residential projects, and
recommended approving the standards with specific changes; and
WHEREAS, the Planning Commission of the City of San Luis Obispo
conducted a web based public hearing on September 22, 2021, for the purpose of
considering an amendment to Title 17 (Zoning Regulations) of the Municipal Code
regarding Objective Design Standards for qualifying residential projects; and
WHEREAS, the City Council of the City of San Luis Obispo conducted a
web based public hearing on November 2, 2021, for the purpose of considering an
amendment to Title 17 (Zoning Regulations) of the Municipal Code regarding Objective
Design Standards for qualifying residential projects; and
WHEREAS, the City Council finds that the proposed amendment is
consistent with the General Plan, Zoning Regulations, and other applicable City
goals and policies as amended; and
Page 337 of 351
Ordinance No. _____ (2021 Series) ATTACHMENT 1
O _____
WHEREAS, notices of said public hearings were made at the time and in
the manner required by law; and
WHEREAS, the City Council has duly considered all evidence, including
the testimony of the applicant, interested parties, and the evaluation and
recommendations by staff, presented at said hearing.
NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of San
Luis Obispo as follows:
SECTION 1. Incorporation of Recitals. The City Council find that the foregoing
recitals and administrative report presented with this ordinance are true and correct and
are incorporated in the ordinance by this reference and adopted as the findings of the City
Council.
SECTION 2. Findings. Based upon all evidence, the City Council makes the
following findings:
1. The proposed amendments to Title 17 of the Municipal Code are consistent with
the 6th Cycle Housing Element Program 6.22 which states “Update the City’s
municipal code to expand objective design standards within one year of the
adoption of the Housing Element Update.”
2. The addition of Chapter 17.69 to Title 17 of the Municipal Code will not alter the
character of the City or cause health safety or welfare concerns because the
amendment is consistent with the General Plan and directly implements City goals
and policies.
SECTION 3. Environmental Determination. The proposed amendment to the
Municipal Code Title 17 has been assessed in accordance with the authority and criteria
contained in the California Environmental Quality Act (CEQA), the state CEQA
Guidelines, and the environmental regulations of the City. Specifically, the propose d
amendment has been determined exempt per CEQA Guidelines Section 15061(b)(3), the
“Common Sense” exemption because the proposed action consists only of the adoption
of new standards for objective review of qualifying projects and will have no physical
effects on the environment and has no possibility of a significant effect on the
environment. The Objective Design Standards are consistent with development
standards of the Zoning Regulations and projects which qualify for the Objective Design
Standards will be required to comply with all relevant City standards, codes, and
regulations.
SECTION 4. Action. Chapter 17.69 of the San Luis Obispo Municipal Code, is
hereby amended to read as follows:
Page 338 of 351
Ordinance No. _____ (2021 Series) ATTACHMENT 1
O _____
17.69 Objective Design Standards for Qualifying Residential Projects
Sections:
17.69.010 – Purpose and Application
17.69.020 – Building and Site Design Standards
17.69.030 – Downtown Building Design Standards
17.69.040 – Additional Design Requirements
17.69.010 - Purpose and Application
A. Purpose. This Chapter is intended to provide objective standards for the design of
residential and mixed-use projects (herein referred to as “residential projects”) that are
eligible for ministerial, streamlined approval to ensure compatibility with existing and
planned development on the site and adjacent and nearby properties while also
supporting the development of housing consistent with the City’s General Plan.
B. Applicability. The provisions of this chapter apply to all residential projects, in all
zones, that qualify for streamlined, ministerial processing per Government Code
Section 65913.4, or that are a “use by right” residential project. In addition, eligible
residential projects must comply with all objective City policies, thresholds of
significance, development standards, and design standards as established in, but not
limited to, the General Plan, Zoning Regulations, City Standard Specifications and
Engineering Standards, Active Transportation Plan, Transportation Impact Study
Guidelines, Climate Action Plan, and the Municipal Code.
A “use by right” residential project is a residential project that includes at least 20
percent of the units as affordable to lower income households (low, very low, and
extremely low) and does not require discretionary review or approval (ministerial
review only) and residential projects that are otherwise deemed subject to ministerial
processing per state or local law.
Residential projects seeking exceptions, waivers, or modifications to any development
standards set forth in the City’s Zoning Regulations or the design standards set forth
in this chapter, excluding modifications granted as part of density bonus concession,
incentive, parking reduction, or waiver of development standards pursuant to State
Density Bonus Law or the City’s density bonus regulations (Chapter 17.140), shall not
be eligible for ministerial and/or streamlined processing contemplated by this chapter,
and will be subject to the City’s discretionary development review process outlined in
Chapter 17.106 of the Municipal Code.
Where these standards conflict with other state law or local code requirements
(including but not limited to California Building Code and the City’s Standard
Specifications and Engineering Standards) the more restrictive provision shall prevail.
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17.69.020 - Building and Site Design
A. Applicability. This section shall apply to eligible residential projects (described in
Section 17.69.010 above) in all zones, except for the Downtown Commercial (C-D)
zone. Building and site design standards for eligible residential projects in the C-D
zone are provided in Section 17.69.030 (Downtown Building Design) below. In
addition to this section, mixed-use projects shall also comply with Section
17.70.130.D and F through H (Mixed-Use Development).
B. Building Details. Residential projects shall comply with the following building detail
standards:
1. Buildings shall use high-quality exterior wall materials chosen from the list
below.
a. Smooth or sand finished stucco
b. Cut stone
c. Rusticated block (cast stone)
d. Precast concrete
e. Brick veneer
f. Ceramic or porcelain tiles
g. Fiber Cement board planks, panels, siding, board and bat, etc. (e.g.,
Hardi plank, Hardi panel)
h. Corrugated metal (within Commercial Zones (C-C, C-T, C-S, C-R, M),
or as an accent material, covering no more than 15% on the exterior,
within all other zones))
i. Metal paneling (only within Commercial Zones (C-C, C-T, C-S, C-R, M),
or as an accent material, covering no more than 15% on the exterior,
within all other zones)
j. Corten steel paneling (only within Commercial Zones (C-C, C-T, C-S, C-
R, M), or as an accent material, covering no more than 15% on the
exterior, within all other zones)
k. Wood plastic composite siding (e.g., Resysta products)
l. Wood siding
m. Burnished block (only within Commercial Zones (C-C, C-T, C-S, C-R, M)
2. Buildings shall use the same colors, materials, and detailing throughout all
elevations. Street facing and the most visible elevations may use more
architectural details, but colors and materials shall be the same on all
elevations.
3. Veneers shall turn corners and terminate into the inside corner of the building
or be finished and not expose edges so that finish materials appear “thin” or
artificial, as in the example of “brick” veneer applied to a single building face so
that it is obviously only ½ -inch thick when viewed from the side.
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4. Exterior window shutters shall match the size and shape of adjacent window
openings.
5. Affordable units and market rate units in the same development shall be
constructed of the same materials and deta ils such that the units are not
distinguishable from one another.
6. 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 two (2) inches.
7. Structures (including garages and carports) shall not exceed one hundred fifty
(150) feet in length.
8. Detached garages and carports shall be designed to include a minimum of two
(2) of the following from the main building(s): materials, detailing, roof materials,
and colors.
9. Stairs and stair wells that provide primary access to units on upper floors shall
be covered and fully integrated into the principal and secondary building
façades.
10. Service access to the building for loading and maintenance functions shall not
exceed twenty (20) percent of the project frontage on any facing street.
11. Where windows are proposed within ten (10) feet of another building, the
windows shall be offset horizontally at least 12 inches (edge to edge) or use
clearstory windows, glass block or non-operable opaque windows so as not to
have a direct line-of sight into adjacent units.
12. All residential units that front, face, or overlook a public, common or private
outdoor space shall be designed with at least one window that provides
overlook on the outdoor space.
C. Roof Designs. Residential projects shall comply with the following roof design
standards:
1. Roof lines shall be varied to break up the mass of the building. A building with
four (4) or more attached residential units or a residential building with a roofline
longer than fifty (50) feet shall incorporate changes in roof heights of at least
one (1) vertical elevation change of at least two (2) feet.
2. Overhanging eaves shall extend twelve (12) inches or more past the supporting
walls. This requirement does not apply to gable faces.
3. Steeply pitched (45 degrees or more) mansard roofs are prohibited.
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4. Roof-mounted equipment shall not be visible from the public right of way and
integrated within the architecture of the building.
5. Roof decks shall be prohibited in residential zones (R-1, R-2, R-3, R-4) and the
Office (O) zone unless setback 15 feet or more from side and rear property
lines and utilize solid walls or barriers at deck edges. All projects that include
roof top uses shall comply with Section 17.70.150 (Rooftop Uses).
6. The termination of a parapet shall not be visible from the public right of way or
adjacent property. The parapet shall wrap around the entire roof, return at least
eight (8) feet around corners, or die into an adjacent, taller wall.
7. Cornices and parapets shall
a. Be utilized to conceal flat roofs and screen any roof -mounted
mechanical equipment from the public right-of-way and adjacent
properties.
b. Match the building’s primary façade exterior colors and materials.
D. Massing and Articulation. Residential projects shall comply with the following
massing and articulation standards:
1. Blank walls (facades without doors or windows) shall be fifty (50) feet or less in
length. Blank walls of any length shall include the use of at least one of the
following treatments:
a. Utilize at least two (2) different materials.
b. Utilize at least two (2) different paint colors.
c. Incorporate offsets. Offsets shall vary in depth and/or direction of at least
twelve (12) inches, or be a repeated pattern of offsets, recesses, or
projections of similar depth along the length of the wall.
d. Install landscaping that covers twenty-five (25) percent of the wall within
ten (10) years.
2. Buildings shall have massing breaks (offsets, recesses, or projections) at least
every fifty (50) feet along street frontage through the use of varying setbacks,
building entries and recesses, or structural bays. Offsets, recesses, or
projections shall vary in depth and/or direction of at least twelve (12) inches
and a minimum width of four (4) feet.
3. Buildings three or more stories shall distinguish the first story from the upper
stories by using a minimum of two (2) architectural details (e.g., arches,
awnings, transom windows, columns, cornices, lintels, moldings, trellises) for
every fifty (50) feet of the first story front elevation.
4. Mixed-use buildings three or more stories shall provide a first story elevation
that is distinctive from the upper stories through a material change, change in
color, or use of different architectural details such as reveals, course lines,
decorative cornice, columns, etc.
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5. The first floor of a mixed-use project within fifty (50) feet of the street frontage
shall be taller than the floors above, with a minimum plate height of ten (10)
feet.
6. Buildings three or more stories shall step-back the building mass a minimum of
five (5) feet for fifty (50) percent of the building facade above the second story.
7. Every residential building shall incorporate two (2) or more of the following
building massing and articulation techniques:
a. Vary building height by at least two (2) feet over twenty (20) percent of
the main building (as viewed in plan view).
b. Vary the geometry or massing of the roof through changes in type,
height, pitch, or orientation.
c. Use offsets, recesses, (e.g., courtyards, entryways, alcoves, deep door
and window recesses) and projections (e.g., stairs, towers, balconies,
cantilevers, dormers, bay windows, awnings) to create a sense of depth.
d. Provide a minimum two (2) foot roof eave on the front elevation. This
requirement does not apply to gable faces.
E. Common and Private Spaces. Residential projects shall comply with the following
common and private space standards:
1. Residential projects within the R-2, R-3, and R-4 zones shall have a minimum
of sixty-five (65) square feet of private outdoor space per each unit or provide
a minimum of one hundred (100) square feet per unit to common space .
Common space is recreation space provided inside or outside a residential
building for the use of all the residents for recreation or social purposes and is
readily accessible by all the residents. To qualify as private open space, the
space must be private and directly accessible from the unit it serves and must
have a minimum dimension in every direction of six (6) feet. To qualify as
common space, individual spaces must have a minimum dimension in every
direction of ten (10) feet.
2. Residential projects within the O, C-N, C-T C-R, C-C, C-S, and M zones shall
provide a minimum of fifty (50) square feet per unit to common space. Common
space is recreation space provided inside or outside a residential building for
the use of all the residents for recreation or social purposes and is readily
accessible by all the residents. To qualify as common space, individual spaces
must have a minimum dimension in every direction of ten (10) feet.
F. Landscaping. Residential projects shall comply with the following landscape
standards:
1. The landscape design plan shall be consistent with Section 17.70.220 (Water-
efficient landscape standards), Section 12.38.090 (Landscaping standards),
and include the following information:
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a. Location, sizes, and species of all proposed groundcovers, shrubs, and
trees with corresponding symbols for each plant material showing their
specific locations on plans.
b. The location and description (e.g., colors, materials, etc.) of all
hardscapes such as decks, patios, walkways or paths, artificial t urf or
other pervious or non-pervious materials.
2. All required front and street-facing side setbacks, except for areas used for exit,
entry, or common outdoor space shall be landscaped. All projects shall
landscape at least fifteen (15) percent of the project site.
3. Landscaping areas shall consist of a combination of living trees, groundcover,
shrubbery, turf, and related natural features such as rock, stone, or bark chips
to adequately cover all designated landscaping areas.
4. Landscaping shall be top-dressed with three (3) inches of mulch. Mulch shall
be maintained within planted areas and shall not migrate onto hard surfaces,
such as sidewalks, patios, and parking lots.
5. Any trees removed from the residential project site shall be replaced on site
with a 1:1 replanting. Required street trees may be counted as part of the
replacement plantings.
6. Native tree species with a trunk ten (10) inches or larger in diameter or a non -
native tree species (excluding blue gum eucalyptus (Eucalyptus globulus))
twenty (20) inches or larger in diameter or designated heritage trees (of any
size) shall be retained and cannot be removed unless they are an imminent
hazard to life or property or are dead, dying, diseased or damaged beyond
reclamation (see Section 12.24.030 for definitions of heritage tree, native tree,
and non-native tree). Diameter shall be measured as follows:
a. If the tree is growing on flat ground, the diameter is measured 4.5 feet
from the ground.
b. If the tree is growing on a slope, the diameter is measured 4.5 feet above
the point halfway between the upper and lower side of the slope. (Figure
1)
c. If the tree is leaning, the diameter is measured 4.5 feet above the high
point of the trunk and perpendicular to the axis of the trunk. (Figure 2)
d. If branches of trees fork below 4.5 feet above the ground or are multi-
stemmed (branching at the ground) then each branch/stem diameter is
measured individually at 4.5 feet above the ground and summed
together for the total diameter. (Figure 3 & 4).
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17.69.030 – Downtown Building Design
A. Applicability. This section shall apply to eligible residential projects (described in
Section 17.69.010 above) within the Downtown Commercial (C-D) zone. In addition
to this section, mixed-use projects shall also comply with Section 17.70.130.D and
F through H (Mixed-Use Development).
B. Building Details. Residential projects shall comply with the following building detail
standards:
1. Buildings located within the Downtown (C-D zone) shall use high-quality
exterior materials chosen from the list below.
a. Smooth or sand finished stucco
b. Cut stone
c. Rusticated block (cast stone)
d. Precast concrete
e. Face-brick
f. Ceramic or porcelain tiles
4.5 ft. 4.5 ft.
4.5 ft.
4.5 ft.
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g. Fiber Cement board planks, panels, siding, board and bat, etc. (e.g.,
Hardi plank, Hardi panel)
h. Wood plastic composite siding (e.g., Resysta products)
i. Wood siding
j. Metal paneling
k. Corten steel paneling
2. The following exterior finish materials and architectural elements are
prohibited:
a. Mirrored glass and heavily tinted glass
b. Windows with false divisions (i.e., a window where the glass continues
uninterrupted behind a surface mounted mullion, interior mounted
mullions (enclosed in glass), etc.)
c. Vinyl and aluminum siding
d. Rough “Spanish lace” stucco finish
e. Plywood siding (T 1-11)
f. Corrugated sheet metal
g. Corrugated fiberglass
h. Split face concrete block
i. Exposed concrete block without integral color
j. Exposed, untreated precision block walls
k. False fronts
l. Loading bays facing a street
m. Exposed roof drains and downspouts
3. New buildings shall use the same colors, materials, and detailing throughout
all elevations. Street facing and the most visible elevations may use more
detailed elevations, but colors and materials shall be the same on all elevations.
4. Veneers shall turn corners and terminate into the inside corner of the building
or be finished and not expose edges so that finish materials do not appear “thin”
or artificial, as in the example of “brick” veneer applied to a single building face
so that it is obviously only ½ -inch thick when viewed from the side.
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 two (2) inches.
6. Barrel-shaped awnings shall be used over arched windows or doorways and
square or rectangular awnings shall be used on square or rectangular windows
and doorways.
7. Awnings shall not be internally illuminated, shall be at least four (4) feet wide,
and awnings on a single building face shall use the same awning design and
color on each building floor.
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8. Permanent, fixed security grates or grilles in front of windows are prohibited.
Any necessary security grilles shall be placed inside, behind the window display
area.
9. Storefronts shall be framed by support piers and lintels.
10. Storefronts shall be primarily made of eighty (80) percent or more of clear glass.
11. Doorways shall be recessed.
12. Storefront windows shall use clear glass and sit above a base, commonly called
a “bulkhead,” of eighteen (18) to thirty-six (36) inches in height. Bulkheads shall
be designed as prominent and visible elements of the building facade and shall
include the use of one or more of the following materials: ornamental glazed
tile in deep rich hues, either plain or with patterns; dark or light marble panels;
or pre-cast concrete.
13. Service access to the building for loading and maintenance functions shall not
exceed twenty (20) percent of the project frontage on any facing street.
14. Where windows are proposed within ten (10) feet of another building, the
windows shall be offset horizontally at least 12 inches (edge to edge) or use
clearstory windows, glass block or non-operable opaque windows so as not to
have a direct line-of sight into adjacent units.
C. Roof Designs. Residential projects shall comply with the following roof design
standards:
1. Roof lines shall be varied to break up the mass of the building. A building with
a roofline longer than fifty (50) feet shall incorporate changes in roof heights of
at least one (1) vertical elevation change of at least two (2) feet.
2. Overhanging eaves shall extend twelve (12) inches or more past the supporting
walls. This does not apply to gable faces.
3. Steeply pitched (45 degrees or more) mansard roofs are prohibited.
4. Roof-mounted equipment shall not be visible from the public right of way and
integrated within the architecture of the building.
5. The termination of a parapet shall not be visible from the public right of way or
adjacent property. The parapet shall wrap around the entire roof, return at least
eight (8) feet around corners, or die into an adjacent, taller wall.
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6. Cornices and parapets shall:
a. Be utilized to conceal flat roofs and screen any roof -mounted
mechanical equipment from the public right-of-way and adjacent
properties.
b. Match the building’s primary façade exterior colors and materials.
7. Rooflines shall be vertically articulated at least every fifty (50) feet along the
street frontage, using two of the following architectural elements: parapets,
varying cornices, reveals, clerestory windows, or varying roof height and/or
form.
D. Massing and Articulation. Residential projects shall comply with the following
massing and articulation standards:
1. Buildings shall be designed to reduce apparent mass by dividing façades into
a series of smaller components. Components shall be distinguished from one
another through two (2) or more of the following:
a. Variations in the geometry or massing of the roof or variations in roof
height of two (2) feet or more.
b. Changes in wall plane of one (1) foot or more.
c. Changes in texture, material, or surface colors.
d. Provide a minimum two (2) foot eave on the front elevation. This
requirement does not apply to gable faces.
2. Buildings shall have massing breaks (offsets, recesses, or projections) at least
every fifty (50) feet along street frontage through the use of varying setbacks,
building entries and recesses, or structural bays. Offsets, recesses, or
projections shall vary in depth and/or direction of at least twelve (12) inches
and a minimum width of four (4) feet.
3. The first floor of a mixed-use project within fifty (50) feet of the street frontage
shall be taller than the floors above, with a minimum plate height of ten (10)
feet.
4. Buildings shall include horizontal lines that match established horizontal lines
of adjacent buildings.
5. Buildings in the downtown shall provide 80% of the building facade located at
the back of the sidewalk unless space between the building and sidewalk is a
part of a pedestrian feature such as plazas, courtyards, or outdoor eating areas.
17.69.040 – Additional Design Details
A. Applicability. This section shall apply to eligible residential projects in all zones,
including the Downtown Commercial (C-D) zone.
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B. Parking Areas. Residential projects shall comply with the following parking
standards:
1. Parking areas shall be designed consistent with Chapter 12.38 (Parking and
Driveway standards).
2. When parking lots are proposed along street frontages, they shall be screened
by a wall, fence, hedge or raised planter. The chosen screening material shall
be a minimum height of three (3) feet and consistent with Section 17.70.070
(Fence, Walls, and Hedges). A fence or wall shall include a minimum three-
foot-wide landscaped area between the wall or fence and the street or sidewalk.
The hedge and planter shall have a planting area width of three (3) feet.
Screening provided near a driveway shall have a maximum height of 2.5 feet
and screening at roadway intersections shall comply with Section 17.70.210
(Vision Clearance Triangle at Intersections).
3. Parking lots shall be planted with shade trees. A minimum of one twenty-four
(24) inch box specimen tree, shall be required for every ten (10) parking
spaces, or portion thereof, planted in structural soil, and shall be located
uniformly throughout the parking area , excluding parking areas covered by
solar panels. Tree species shall include any of the following:
a. Acer rubrum (Red Maple)
b. Ginkgo biloba (‘Fairmont’ Ginkgo)
c. Platanus racemosa (California Sycamore)
d. Platanus x acerifolia (London Plane)
e. Platanus occidentalis (American Sycamore)
f. Quercus agrifolia (Coast Live Oak)
g. Tilia cordata (Littleleaf Linden)
h. Ulmus parvifolia (‘Drake’ Chinese Elm)
i. Ulmus americana (American Elm)
j. Zelkova serrata (Zelkova ‘Green Vase’)
C. Bicycle Parking Areas. Residential projects shall comply with the following bicycle
parking standards:
1. Long term bicycle parking spaces shall be enclosed, lockable, and located
within the residential building on the first floor unless the building includes
elevator access to the upper floors.
2. Long term bicycle parking spaces shall provide a minimum of one (1) outlet
and an additional outlet per ten (10) bicycle parking spaces for charging
electric bicycles.
3. Long term bicycle parking racks shall be designed to allow the user to lock
the bicycle to the rack and keep at least one bicycle wheel on the ground or
provide a means for the user to roll the bicycle onto a rack and lift it up to a
second level (example: the Two-Tier Double Docker Bike Rack by Ground
Control Systems).
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D. Pedestrian Access. Residential projects shall comply with the following pedestrian
access standards:
1. A system of pedestrian walkways shall connect all buildings on a site to each
other, to onsite automobile and bicycle parking areas, and to any onsite open
space areas or pedestrian amenities.
2. An onsite walkway shall connect the principal building entry or entries to a
public sidewalk on each street frontage.
E. Lighting. Residential projects shall comply with the following lighting standards:
1. Project exterior and parking lot lighting shall comply with Section 17.70.100
(Lighting and Night Sky Preservation).
F. Fencing. Residential projects shall comply with the following fencing standards:
1. Any proposed fencing shall be consistent with Section 17.70.070 (Fence,
Walls, and Hedges).
2. Chain link fencing is not allowed.
G. Trash Enclosure Design. Residential projects shall comply with the following trash
enclosure design standards:
1. Trash enclosures shall accommodate for three (3) waste streams: trash,
recycling, and organics and shall be designed consistent with Section
17.70.200.
2. Trash enclosures shall be designed to include accent materials and colors that
match the main residential building(s).
3. Designs of trash enclosures shall comply with the City’s engineering standards.
H. Miscellaneous. Residential projects shall comply with the following miscellaneous
standards:
1. All mechanical and electrical equipment shall be located internally within the
proposed buildings. If equipment cannot be located internally due to code
requirements, it shall be screened using a combination of at least two of the
following: paint color, landscaping, fencing, or walls consistent with other City
standards.
2. Any required backflow preventer and double -check assembly shall be located
inside the building within twenty (20) feet of the front property line. Where this
is not possible, due to code requirements, the backflow preventer and double -
check assembly shall be located in the street yard and screened using a
combination of at least two of the following: paint color, landscaping, fencing or
walls consistent with other City standards.
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3. Fire Department equipment required to be accessible by an exterior door shall
be integrated into the exterior building design by using the same materials and
colors.
SECTION 5. Severability. If any section, subsection, sentence, clause, or phrase
of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of
any court of any competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would have
passed this Ordinance, and each and every section, subsection, sentence, clause, or
phrase not declared invalid or unconstitutional without regard to whether any portion of
the Ordinance would be subsequently declared invalid or unconstitutional.
SECTION 6. A summary of this ordinance, together with the names of Council
members voting for and against, shall be published at least five (5) days prior to its final
passage, in The Tribune, a newspaper published and circulated in this City. This
ordinance shall go into effect at the expiration of thirty (30) days after its final passage.
INTRODUCED on the _____ day of _________ 2021, AND FINALLY ADOPTED
by the Council of the City of San Luis Obispo on the _____ day of _____________ 2021,
on the following vote:
AYES:
NOES:
ABSENT:
__________________________
Mayor
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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