HomeMy WebLinkAboutItem 6a. Appeal of Planning Commission Decision on Waterman Village (466 Dana Street, ARCH-0329-2022) Item 6a
Department: Community Development
Cost Center: 4008
For Agenda of: 3/4/2025
Placement: Public Hearing
Estimated Time: 90 mins
FROM: Timmi Tway, Community Development Director
Prepared By: David Amini, Housing Coordinator
SUBJECT: REVIEW AN APPEAL OF A PLANNING COMMISSION DECISION TO
APPROVE THE WATERMAN VILLAGE PROJECT AT 466 DANA STREET
PROPOSING THE CONSTRUCTION OF 20 LOW -TO VERY-LOW
INCOME HOMES AND REHABILITATION OF THE HISTORIC ROSA
BUTRON ADOBE (ARCH-0329-2022, EID-0637-2022
RECOMMENDATION
Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis
Obispo, California, denying an Appeal of the Planning Commission’s decision approving
the Waterman Village Project (ARCH-0329-2022, EID-0637-2022).”
POLICY CONTEXT
Consistency with the General Plan
The Housing Element encourages residential development in the Downtown Core, with
reduced or no parking requirements where appropriate (HE Policy 6.11).
Additionally, the Housing Element encourages the development of affordable housing
(HE Policy 6.17) that respects neighborhood character (HE Policy 7.1) and provides
pedestrian and bicycle linkages to schools, shopping areas, and parks (HE Policy 7.3).
Land Use Element Policy 2.4.2 requires the City to approve a density bonus for projects
that are located within the Downtown Core, in addition to projects that include affordable
housing for lower income households.
Conservation and Open Space Element Policy 3.6.9, which requires the City to preserve
and rehabilitate City-owned historic adobes through techniques that help fund
rehabilitation and adaptive reuse.
The City’s Regional Housing Needs Allocation (RHNA) requires the City to plan for 1,345
housing units deed restricted to households at low-income or below during the 6th cycle
housing element period of 2019-28. There are currently 761 low-income or below units
remaining in the allocation.
Page 455 of 717
Item 6a
DISCUSSION
Background
The City of San Luis Obispo has owned the Master List Rosa Butr ón Adobe property,
located at 466 Dana Street, since 1989, after acquiring the property as a life estate gift
from Ms. Mary Gail Black. The City provides basic maintenance and upkeep to the adobe
and grounds, but the house is currently vacant and is at risk of ongoing deterioration and
threats to its long-term preservation. On March 6, 2020, at the direction of the City
Council, staff issued a Request for Interest (RFI) document seeking community partners
to help the City rehabilitate and re-use the Rosa Butrón Adobe in accordance with
program guidance found in the Conservation and Open Space Element (2006) of the
General Plan.
As a result of this process, in Septem ber 2021, Council approved an Exclusive
Negotiating Agreement (“ENA”) with Smart Share Housing Solutions and the Peace
Project that set forth a shared vision between those two organizations for the “Waterman
Peace Village.” The City Council further approved an Amended and Restated ENA in
February 2024 with Smart Share Housing Solutions only, and the current project scope
entails rehabilitation and re-use of the adobe structure with the construction of 20 low and
very-low income housing units on the site.
The intent of the ENA is to set forth certain parameters, terms, and conditions precedent
to consideration of a long-term lease with Smart Share Housing Solutions for the site that
would enable the opportunity to achieve both the City Council’s goals for providing
affordable housing (Housing Element Program 6.17) and the rehabilitation and long-term
preservation of City-owned adobes including the Rosa Butrón Adobe (Conservation
Element Program 3.6.9). The ENA required the Cultural Heritage Committee and the
Architectural Review Commission to review the Waterman Village Project in order to
ensure consistency with Historic Preservation Ordinance, Secretary of Interior Standards,
and Historic Preservation Program Guidelines.
Project Description
The applicant, Smart Share Housing Solutions, is proposing a new residential project,
Waterman Village, located at 466 Dana Street that consists of the construction of 20 low
to very-low income, prefabricated affordable homes ranging in size from 220 to 264
square feet (see Attachment D, Project Plans). One unit will be reserved for an on-site
manager. Per the Exclusive Negotiating Agreement, Smart Share will execute a 55 -year
lease on the property with the City and will be responsible for financing, constructing, and
managing the project over its lifespan.
The new units are clustered around the historic adobe and utilize raised pier foundations
to accommodate the 100-year flood plain requirements. Each unit is accessible via a
raised boardwalk with ramps and stairs.
Page 456 of 717
Item 6a
The project includes a request for a concession pursuant to California State Density
Bonus law for a reduction of parking requirements from 29 required vehicle spaces to 4
spaces, as well as a reduction of bicycle parking from 40 required sp aces to 24 spaces.
The project is located in the Downtown Core within short walking distance of shopping,
restaurants, and other amenities, including the Cultural Arts District Parking Structure that
is currently under construction, all of which supports a reduction in required parking
spaces. State density bonus law as well as City Municipal Code section 17.140.070 allow
concessions to development standards in exchange for providing housing to low-income
households. The parking reductions requested by the applicant are therefore allowable
under the City code and are required to be granted by state law.
The project also proposes to rehabilitate the Master List Historic Rosa Butrón Adobe
located on the site. The historic adobe will be used as a community gathering space as
well as office and administrative space for the on -site manager. The project scope
includes the demolition of non-historic additions at the rear of the adobe, as well as
removal of 12 trees with a proposed off -site compensatory planting plan. The trees slated
to removed range from 5 to 37 inch trunks and several are in poor health. The tree species
include pittosporum, persimmon, coastal live oak, and locust.
The City has prepared, and circulated for public review, a Draft Initial Study and Mitigated
Negative Declaration that assesses the potential environmental effects of the project,
pursuant to the California Environmental Quality Act (CEQA).
Figure 1: Project site location map
Page 457 of 717
Item 6a
Previous Council or Advisory Body Action
The Cultural Heritage Committee held a Public Hearing on October 28, 2024 , to evaluate
the project’s consistency with the Historic Preservation Ordinance and provide a
recommendation to the Planning Commission (Agenda Packet).
Public comment was received prior to and during the meeting. This included feedback
regarding the possibility that the project site was the original location of the Mission, as
well as feedback stating that the Grant Deed of the property to the City requires that the
property be used as a park. Additionally, public comment was received expressing
concern with flooding, maintenance access to the creek, parking, and questioning the
ability of the City to financially support the project.
The Committee recommended that the Planning Commission find the proposed project
consistent with the City’s Historic Preservation Ordinance with the following
recommendations:
1. Evaluate the period of significance in the Historic Resources Rep ort for the
potential that the historic period of significance extends to 1989.
2. Evaluate the potential that the site is believed to have been the original location of
Mission San Luis Obispo from 1775 to 1788.
Figure 2: Project site plan showing location of units in relation to the adobe
Page 458 of 717
Item 6a
3. Include requirements for construction staff training for the possibility that burial
sites and artifacts may be encountered from the Mission era.
4. Include historical signage that reflects all periods of significance and the cultural
narrative of the site.
In response to the CHC’s recommendations, staff directed the historic consultant, SWCA,
to evaluate the additional historic context. SWCA did not recommend extending the period
of significance due to insignificant evidence that the adobe played a role in City history
beyond the original period of significance. he Historic Resources Evaluation was updated
to include the information regarding the original location of the Mission. The mitigation
measure regarding construction site staff training was updated to include the possibility
of encountering Mission-era artifacts. Staff also added in a condition of approval requiring
the applicant to provide historical signage to the satisfaction of the CHC.
The Architectural Review Commission held a Public Hearing on November 18, 2024 , to
evaluate the project’s consistency with the Community Design Guidelines and provide a
recommendation to the Planning Commission (Agenda Packet).
Public comment was received prior to and during the meeting. Comments were received
expressing concerns regarding flooding, parking and fire hazards. Additional comments
were received regarding sequencing of the project, financing, and asking the Committee
to make the adobe a priority in the project sequencing.
The Commission found the project to be consistent with the Community Design
Guidelines, with the following recommendations to the Planning Commission:
1. Prioritize the adobe remodel before the new construction.
2. Recommend that the exterior color of the new buildings be gray or a darker color
than the adobe.
3. Add on-site amenities, such as benches and tables and chairs, to provide more
resident community spaces.
4. Include more short-term bike parking for visitors to the property.
In response to the ARC’s recommendations, the applicant’s design team updated the
design drawings to change the exterior color of the new buildings to a darker gray color.
Additionally, benches, tables, and chairs were provided on the site p lan. Additional bike
parking spaces were not added to the plan.
The Planning Commission held a Public Hearing on December 11, 2024, to consider the
recommendations received by the CHC and ARC and provide final approval or denial of
the project’s planning application (Agenda Packet) (Signed Resolution in Attachment E)
Public comment was received prior to and during the meeting. Comments were received
regarding concerns about parking, flooding, fire hazards, in addition to concerns
regarding security due to the density of the project.
Page 459 of 717
Item 6a
The Commission moved unanimously to adopt the Draft Resolution regarding the project,
which provided for the following:
Adoption of the Initial Study/Mitigated Negative Declaration of Environmental
Impact prepared pursuant to CEQA; and
Determination that the City’s action on the subject property to authorize and/or
construct buildings or structures for the purposes of developing affordable housing
is consistent with the General Plan; and
Approval of the proposed construction of 20 low and very low -income residential
units with a parking reduction pursuant to state density bonus law, rehabilitation of
the historic adobe, and associated removal of 12 trees based on findings and
subject to conditions of approval.
The above resolution and associated conditions of approval would constitute the project’s
planning entitlements allowing the project applicant to apply for a building permit.
The Planning Commission made the following changes to the conditions of approval in
the signed Resolution (Attachment E):
Amendment of Condition #55 to add the following language in bold:
“The building permit submittal shall include a site utility plan showing the size of
existing and proposed sewer and water services. The proposed utility
infrastructure shall comply with the latest engineering design standards effective
at the time the building permit is obtained and shall have reasonable alignments
needed for maintenance of public infrastructure along public roads. All residential
units are to be individually metered, with the possibility to consider
submetering feasibility, subject to the approval of the Utilities Director.
Backflow preventors shall be provided for the domestic and landscape if required)
water meters, to the satisfaction of the Utilities Director. Fire flow service shall pass
through a double-check backflow device.”
Amendment of Condition #5, with the following language included: “Bicycle
Parking. Plans submitted for a building permit shall clearly depict the location of all
required short and long-term bicycle parking for all intended uses, as well as
requiring e-bike charging access in the long-term parking area. Plans shall
show all areas designated for long-term bicycle parking such as bicycle lockers,
interior spaces, or storage rooms. Short-term bicycle racks shall be consistent with
the City Active Transportation Plan Design Guidelines and feature “hi-low style”
campus racks (such as “Peak Racks”) or City approved equivalent (inverted “U”
rack designed shall not be permitted) and shall be installed in close proximity to,
and visible from, the main entries into the buildings. Sufficient detail shall be
provided about the compliance with relevant Engineering Standards and
Community Design Guidelines, to the satisfaction of the Public Works and
Community Development Directors.”
Page 460 of 717
Item 6a
Appeal Received
On December 17, 2024, Stephen Barasch, AIA, Ph.D., on behalf of the San Luis Obispo
Property and Business Owners Association (SLOPBOA), timely filed an appeal of the
Planning Commission’s decision (Attachment C). The reasons for the appeal were
stated as follows:
“There is a Restrictive Covenant in the Original Deed requiring the 466 Dana Street
Property to be used solely as a park for Recreational Uses only.”
“The 466 Dana Street property was given to the City of San Luis Obispo in “Public
trust” to be used as a “Park” or for Recreational Uses only.”
“Any use(s) outside of a “Park” or “Recreational” uses must be considered as a
“Ultra Vires Act” and is generally considered void meaning and is completely null
and has no legal effect as it exceeds the authorized powers of a City, therefore it
cannot be enforced in any court.”
“Recent legal cases including but not limited to the Court of Appeals Fourth District
Division 2, California in the Save the Welwood Murray Memorial Library Com v.
City of Palm Springs (215 Cal. App. 3rd 1003, 263 Cal. Rptr. 896 Nov 16, 1989.)”1
“The present proposed use violates the Adopted City Council Resolution of
October 4, 1988.”
Staff Response
The Grant Deed (Attachment B) from Ms. Mary Gail Black to the City made the “request
that the adobe and two adjoining wings that make up the old house, and the trees on that
property be maintained by the city for park or recreational purposes, and that Mildred
Waterman' s name be included in any name that the city gives to this park area.” Council
Resolution 6512 (Attachment D), executed on October 4, 1988, agrees to the conditions
of the Grant Deed and formally accepts the grant of the property. By agreeing to the
conditions of the Grant Deed, the City is not required to only use the property as a park
as described by the appellant above.
It is important to note that the grant deed from Ms. Mary Gail Black to the City makes the
request that the adobe and trees be maintained by the city for park or recreational
purposes. This request is not included as one of the enforceable covenants of t he grant
deed that are specifically enumerated later in the document and include provisions such
as requiring the City to provide water to the site and to be responsible for property taxes
for the site. The enforceable covenants binding upon the City are found in items 1-7 of
the grant deed (Attachment B), and the City’s past actions and the proposed project
comply with these terms. Therefore, the proposed use of the property is not prohibited by
the Grant Deed.
In addition, the proposed project does honor the request of Ms. Mary Gail Black by
preserving the original adobe, naming the project in honor of Mildred Waterman, as well
as setting aside portions of the property as a park-like setting, retaining many of the
existing mature trees on site, and incorporating site elements that provide an opportunity
for public engagement and interaction. The historic adobe will provide community space
for residents.
Page 461 of 717
Item 6a
The City Attorney’s office has reviewed the authority provided by appellant and concluded
that the case cited (Save the Wellwood Murray Memorial Library Com. v. City Council 1)
is not applicable to the facts of the present appeal. In that case, the court found that the
City of Palm Springs could not enter into an agreement for development that conflict ed
with express agreements and conditions of a grant deed conveying library property to the
city. As discussed above, the request from Mary Gail Black that the adobe and trees be
maintained by the city for park or recreational purposes is not an express ag reement or
condition of the grant deed (Attachment B) conveyed to the City. The Planning
Commission’s approval of the proposed project is not an “attempt to divert the use of the
property from its dedicated purposes,” and is therefore not an ultra vires ac t (meaning an
unauthorized act or an act beyond the City’s authority) as appellant contends.
Based on staff’s analysis of the arguments presented by the appellant, staff recommends
that the City Council deny the appeal and uphold the Planning Commission’s decision to
approve the project.
Public Engagement
The Waterman Village project has been presented before three of the City’s advisory
bodies at public hearings. (Cultural Heritage Committee, Architectural Review
Commission, Planning Commission) Public notices were mailed to property owners and
residents within 300 feet of the site, and physical notices were posted on the site in
compliance with all public noticing requirements. Public comment was received at each
advisory body meeting.
CONCURRENCE
The City Attorney’s office has reviewed the appeal and concurs with the staff response
and recommendation to deny the appeal.
The project has been reviewed by the Engineering Division, Transportation Division,
Building Division, Utilities Department, Office of Sustainability and Natural Resources,
and Fire Department. All conditions of approval or informational notes from these
departments and divisions were incorporated into the Planning Commission’s adopted
resolution.
ENVIRONMENTAL REVIEW
Staff prepared, and the Planning Commission adopted, a Mitigated Negative Declaration
for the project under the requirements of CEQA.The MND found that no significant impact
would occur with mitigation measures incorporated . These mitigation measures were
related to Air Quality, Biological Resources, Cultural Resources, and Noise. Native
American Tribes were notified about the project on November 29, 2022, consistent with
state and City regulations, including, but not limited to, Assembly Bill 52. The MND and
1 Appellant attached the text of the Save the Welwood Murray Memorial Library Committee case
but did not provide commentary or an explanation as to its relevance to the appeal.
Page 462 of 717
Item 6a
associated environmental documents were circulated in accordance with all noticing
requirements and no comments were received by staff. The MND was filed with th e
relevant state agencies after the Planning Commission’s project approval.
FISCAL IMPACT
Budgeted: N/A Budget Year: 2025-26
Funding Identified: N/A
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $ N/A $ N/A $ N/A $ N/A
State
Federal
Fees
Other:
Total $ N/A $ N/A $ N/A $ N/A
The decision to approve or deny the appeal does not have a direct fiscal impact on the
City. The costs to review the project itself are paid for by the applicant through permit
fees. The cost for the appeal are paid for by the appellant when the appeal is filed. If
Smart Share executes the ground lease of the property, the anticipated payment to the
City is $1 per year per the ENA.
ALTERNATIVES
1. Continue the appeal to a later date. An action to continue the item should include a
detailed list of additional information or analysis required for City Council to make a
decision. Per Government Code 65905.5 (a), a city shall not conduct more than 5
public hearings in connection with approval of a housing development project. This
hearing is the fourth public hearing regarding this project.
2. Uphold the appeal. Staff analysis of the arguments presented by the appellant do not
support upholding the appeal. Per Government Code 65589.5, the City shall not
disapprove a housing development project unless it can make written findings that the
project would have a specific, adverse impact on the public health or safety, and there
is no feasible method to satisfactorily mitigate or avoid the impact.
ATTACHMENTS
A - Draft Resolution denying the appeal and upholding the Planning Commission’s
approval of the project.
B - Grant Deed
C - Appeal Received
D - City Council Resolution No. 6512 accepting the Grant Deed of the property to the City
E - Signed Planning Commission Resolution 1093-24 approving the project.
Page 463 of 717
Page 464 of 717
R ______
RESOLUTION NO. _____ (2025 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, DENYING AN APPEAL OF THE PLANNING
COMMISSION’S DECISION APPROVING THE WATERMAN VILLAGE
PROJECT (ARCH-0329-2022, EID-0637-2022)
WHEREAS, the Cultural Heritage Committee of the City of San Luis Obispo
conducted a public hearing in the Council Hearing Room of City Hall, 990 Palm Street,
San Luis Obispo, California, on October 28, 2024, recommending the Planning
Commission find the proposed project consistent with the City’s Historic Preservation
Ordinance with four directional items related to historical signage, historic evaluation
recommendations, and construction staff training; and
WHEREAS, the Architectural Review Commission of the City of San Luis Obispo
conducted a public hearing in the Council Hearing Room of City Hall, 990 Palm Street,
San Luis Obispo, California, on November 18, 2024, recommending to the Planning
Commission that the proposed project is consistent with the Community Design
Guidelines and applicable City Standards, with four directional items related to project
timeline, color, adding on site amenities, and bike parking; and
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a
public hearing in the Council Hearing Room of City Hall, 990 Palm Street, San Luis
Obispo, California, on December 11, 2024, and adopted a resolution providing for
adoption of the Initial Study/Mitigated Negative Declaration of Environmental Impact
prepared pursuant to CEQA, the determination that the City’s action on the subject
property to authorize and/or construct buildings or structures for the purposes of
developing affordable housing is consistent with the General Plan , and approval of the
proposed construction of 20 low and very low-income residential units with a parking
reduction pursuant to state density bonus law, rehabilitation of the historic adobe, and
associated removal of 12 trees based on findings and subject to conditions of approval ;
and
WHEREAS, on December 17, 2024, Stephen Barasch, AIA, Ph.D, filed an appeal
on behalf of the San Luis Obispo Property and Business Owners Association (SLOPBOA)
of the Planning Commission’s decision on December 11, 2024; and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public
hearing in the Council Hearing Room of City Hall, 990 Palm Street, San Luis Obispo,
California, on March 4, 2025, for the purpose of considering the appeal of the Planning
Commission’s decision to approve the project (ARCH-0329-2022 and EID-0637-2022),
and has duly considered all evidence; including the record of the Cultural Heritage
Committee, Architectural Review Commission, and Planning Commission hearings;
testimony of the applicant, appellant, and general public; and evaluation and
recommendations by staff presented at said hearing; and
Page 465 of 717
Resolution No. _____ (2025 Series) Page 2
R ______
WHEREAS, notices of the aforementioned public hearings were made at the time
and in the manner required by law.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo the appeal of the Planning Commission’s decision approving the Waterman
Village Project is hereby denied based on the following findings:
SECTION 1. Findings. The City Council hereby denies the appeal and grants final
approval for the project (ARCH-0329-2022, EID-0637-2022), based on the following
findings:
1. The project is consistent with the enforceable covenants found in the Grant Deed
from Mary Gail Black to the City dated July 26, 1989 as well as the Resolution of
Acceptance executed by Council in Resolution No. 6512 dated October 4, 1988.
2. The project is consistent with the Land Use Element of the General Plan because
it supports the City’s land use designation’s purpose and application for Medium -
High Density Residential land uses by providing residential units at the density
level specified in the zone.
3. As conditioned, the project conforms to applicable property development
standards set forth in the Zoning Regulations, for the Medium-High Density
Residential (R-3) zone. The proposed uses are compatible with the project site and
with existing uses in the vicinity, which include multi-family residential uses.
4. The project is consistent with Housing Element Policies 7.1 and 7.3, which
encourage new development that respects neighborhood character and provides
pedestrian and bicycle linkages to schools, shopping areas, and parks.
5. The project is consistent with Conservation and Open Space Element Policy 3.6.9,
which requires the City to preserve and rehabilitate City-owned historic adobes
through techniques that help fund rehabilitation and adaptive reuse.
6. The Cultural Heritage Committee (CHC) reviewed the project on October 28, 2024,
and found the project to be consistent with the City’s Historic Preservation
Ordinance, with recommendations to add interpretive signage explaining the
history and significance of the adobe and site.
7. The Architectural Review Commission (ARC) reviewed the project on November
18, 2024, and found the project to be consistent with the Community Design
Guidelines, with the recommendation for three modifications to the design of the
project.
8. The Planning Commission reviewed the project on December 11, 2024, and
adopted the Initial Study and Mitigated Negative Declaration, finding that, with the
incorporation of specified mitigation measures and the mitigation monitoring
program, environmental impacts of the program will be less than significant.
Page 466 of 717
Resolution No. _____ (2025 Series) Page 3
R ______
9. The Planning Commission further determined that the City’s action on the subject
property to authorize and/or construct buildings or structures for the purposes of
developing affordable housing is consistent with the General Plan , and approved
the proposed construction of 20 low and very low-income residential units with a
parking reduction pursuant to state density bonus law, rehabilitation of the historic
adobe, and associated removal of 12 trees based on findings and subject to
conditions of approval.
10. The requests for a concession for a reduction of site development standards to
reduce the required vehicle parking to provide 4 vehicle spaces where 29 are
normally required, and to reduce the required bicycle parking to provide 26 bicycle
spaces where 45 are normally required, are necessary to facilitate the production
of affordable housing units in accordance with Density Bonus Law and consistent
with the intent of Housing Element programs 2.17, 6.10, 6.11, and 6.19, and the
alternative affordable housing incentives outlined in Section 17.1 40.070 of the
Zoning Regulations.
SECTION 2. Environmental Review. The City Council hereby adopts the Initial
Study and Mitigated Negative Declaration that finds that with the incorporation of the
following mitigation measures and the mitigation monitoring program, environmental
impacts will be less than significant:
Air Quality Mitigation
Mitigation Measure AQ-1. During all construction activities and use of diesel vehicles,
the applicant shall implement the following idling control techniques:
Idling Restrictions Near Sensitive Receptors for Both On- and Off-Road
Equipment.
a. Staging and queuing areas shall be located at the greatest distance feasible from
sensitive receptor locations;
b. Diesel idling shall not be permitted when equipment is not in use;
c. Alternative-fueled equipment shall be used whenever possible; and
d. Signs that specify the no idling requirements shall be posted and enforced at the
construction site.
California Diesel Idling Regulations. On-road diesel vehicles shall comply with Section
2485 of Title 13 of the California Code of Regulations. This regulation limits idling from
diesel-fueled commercial motor vehicles with gross vehicular weight ratings of more than
10,000 pounds and licensed for operation on highways. It applies to Calif ornia- and non-
California-based vehicles. In general, the regulation specifies that drivers of said
vehicles:
a. Shall not idle the vehicle’s primary diesel engine when vehicle is not in use, except
as noted in Subsection (d) of the regulation; and
Page 467 of 717
Resolution No. _____ (2025 Series) Page 4
R ______
b. Shall not operate a diesel-fueled auxiliary power system to power a heater, an air
conditioner, or any ancillary equipment on that vehicle during sleeping or resting
in a sleeper berth for greater than 5 minutes at any location when within 100 feet
of a restricted area, except as noted in Subsection (d) of the regulation.
c. Signs must be posted in the designated queuing areas and job sites to remind
drivers of the 5-minute idling limit. The specific requirements and exceptions in the
regulation can be reviewed at the following website: https://ww2.arb.ca.gov/capp-
resource-center/heavy-duty-diesel-vehicle-idling-information.
AQ -1 Monitoring Plan. The City shall verify all measures are shown on relevant site
plan sheets at the time of submittal of applications for demolition, building, and
construction permits.
Mitigation Measure AQ -2 During all construction and ground-disturbing activities, the
applicant shall implement the following particulate matter control measures such that they
do not exceed the Air Pollution Control District 20% opacity limit and minimize nuisance
impacts. Each measure shall be detailed on the project grading and building plan s:
a. Reduce the amount of the disturbed area where possible;
b. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne
dust from leaving the site and from exceeding the San Luis Obispo County Air
Pollution Control District limit of 20% opacity for greater than 3 minutes in any 60-
minute period. Increased watering frequency would be required whenever wind
speeds exceed 15 miles per hour. Reclaimed (non-potable) water shall be used
whenever possible. When drought conditions exist and water use is a concern, the
contractor or builder shall consider the use of a dust suppressant that is effective
for the specific site conditions to reduce the amount of water used for dust control.
Please refer to the following link from the San Joaquin Valley Air District for a list
of potential dust suppressants: https://ww2.valleyair.org/compliance/dust-
control/reducing-dust-emissions/;
c. All stockpiled dirt shall be sprayed daily and covered with tarps or other dust
barriers, as needed;
d. All roadways, driveways, sidewalks, etc. to be paved shall be completed as soon
as possible, and building pads shall be laid as soon as possible after grading
unless seeding, soil binders or other dust controls are used;
e. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or shall
maintain at least 2 feet of freeboard (minimum vertical distance between top of
load and top of trailer) or otherwise comply with California Vehicle Code Section
23114;
f. “Track-Out” is defined as sand or soil that adheres to and/or agglomerates on the
exterior surfaces of motor vehicles and/or equipment (including tires) that may then
fall onto any highway or street as described in CVC Section 23113 and California
Water Code 13304. To prevent track-out, designate access points and require all
employees, subcontractors, and others to use them. Install and operate a “track -
out prevention device” where vehicles enter and exit unpaved roads onto paved
Page 468 of 717
Resolution No. _____ (2025 Series) Page 5
R ______
streets. The track-out prevention device can be any device or combination of
devices that are effective at preventing track-out, located at the point of intersection
of an unpaved area and a paved road. Rumble strips or steel plate devices need
periodic cleaning to be effective. If paved roadways accumulate tracked out soils,
the track-out prevention device may need to be modified;
g. All fugitive dust mitigation measures shall be shown on grading and building plans;
h. The contractor or builder shall designate a person or persons whose responsibility
is to ensure any fugitive dust emissions do not result in a nuisance and to enhance
the implementation of the mitigation measures as necessary to minimize dust
complaints and reduce visible emissions below the San Luis Obispo County Air
Pollution Control District’s limit of 20% opacity for greater than 3 minutes in any
60-minute period. Their duties shall include holidays and weekend periods when
work may not be in progress (for example, wind-blown dust could be generated on
an open dirt lot). The name and telephone number of such persons shall be
provided to the San Luis Obispo County Air Pollution Control District Compliance
Division prior to the start of any grading, earthwork, or demolition (Contact the
Compliance Division at 805-781-5912).
i. Permanent dust control measures identified in the approved project revegetation
and landscape plans shall be implemented as soon as possible, following
completion of any soil-disturbing activities;
j. Exposed ground areas that are planned to be reworked at dates greater than one
month after initial grading shall be sown with a fast-germinating, non-invasive
grass seed and watered until vegetation is established;
k. All disturbed soil areas not subject to revegetation shall be stabilized using
approved chemical soil binders, jute netting, or other methods approved in
advance by the San Luis Obispo County Air Pollution Control District;
l. Vehicle speed for all construction vehicles shall not exceed 15 miles per hour on
any unpaved surface at the construction site;
m. Sweep streets at the end of each day if visible soil material is carried onto adjacent
paved roads. Water sweepers shall be used with reclaimed water where feasible.
Roads shall be pre-wetted prior to sweeping when feasible; and
n. Take additional measures as needed to ensure dust from the project site is not
impacting areas outside the project boundary.
AQ -2 Monitoring Plan. The City shall verify all measures are shown on relevant site
plan sheets at the time of submittal of applications for demolition, building, and
construction permits.
Mitigation Measure AQ -3. Prior to initiation of demolition/construction activities, the
applicant shall retain a registered geologist to conduct a geologic evaluation of the
property, including sampling and testing for naturally occurring asbestos in full compliance
with California Air Resources Board Air Toxics Control Measure for Construction,
Grading, Quarrying, and Surface Mining Operations (17 California Code of Regulations
Page 469 of 717
Resolution No. _____ (2025 Series) Page 6
R ______
Section 93105) and San Luis Obispo County Air Pollution Control District requirements.
This geologic evaluation shall be submitted to the City of San Luis Obispo Community
Development Department upon completion. If the geologic evaluation determines that the
project would not have the potential to disturb naturally occurring asbestos, the applicant
must file an Asbestos Air Toxics Control Measure exemption request with the San Luis
Obispo County Air Pollution Control District.
AQ -3 Monitoring Plan. The City shall verify receipt of the geologic evaluation at the
time of applicant application for demolition, building, or construction permits, whichever
occurs first.
Mitigation Measure AQ -4. If naturally occurring asbestos is determined to be present
on-site, proposed earthwork and construction activities shall be conducted in full
compliance with the various regulatory jurisdictions regarding naturally occurring
asbestos, including the California Air Resources Board Air Toxics Control Measure for
Construction, Grading, Quarrying, and Surface Mining Operations (17 California Code of
Regulations Section 93105) and requirements stipulated in the National Emission
Standards for Hazardous Air Pollutants (40 Code of Federal Regulations Part 61, Subpart
M - National Emission Standard for Asbestos). These requirements include, but are not
limited to, the following:
a. Written notification, within at least 10 business days of activities commencing, to
the San Luis Obispo County Air Pollution Control District;
b. Preparation of an asbestos survey conducted by a Certified Asbestos Consultant;
and
c. Implementation of applicable removal and disposal protocol and requirements for
identified naturally occurring asbestos.
AQ -4 Monitoring Plan. The City shall verify receipt of the asbestos survey and verify
all measures are shown on relevant site plan sheets at the time of submittal of applications
for demolition, building, and construction permits, if applicable.
Mitigation Measure AQ-5. Regulated asbestos-containing material could be
encountered during the proposed demolition activities and rehabilitation of the Rosa
Butrón Adobe. At the time of application for demolition permits, the project developer shall
demonstrate compliance with the National Emission Standards for Hazardous Air
Pollutants (40 Code of Federal Regulations Part 61, Subpart M - National Emission
Standard for Asbestos) regarding the proper handling, abatement, and disposal of
regulated asbestos-containing material. National Emission Standards for Hazardous Air
Pollutants requirements for regulated structures include, but are not limited to:
a. Hire a Certified Asbestos Consultant to conduct an asbestos survey report.
b. Prepare a written work plan addressing asbestos handling procedures in order to
prevent visible emissions.
c. Submit he asbestos survey report and work plan to the City at the time of
application for demolition and building permits.
Page 470 of 717
Resolution No. _____ (2025 Series) Page 7
R ______
d. Submit a notification form, survey, and work plan to the San Luis Obispo County
Air Pollution Control District, at least 10 business days pri or to demolition,
regardless of regulated asbestos-containing materials.
e. Go to https://www.slocleanair.org/rules-regulations/asbestos.php for more
information.
AQ -5 Monitoring Plan. The City shall verify receipt of the asbestos survey and work
plan and verify all measures are shown on relevant site plan sheets at the time of
submittal of applications for demolition, building, and construction permits, if applicable.
Mitigation Measure AQ -6. If during the demolition or rehabilitation of existing structures
paint is separated from the construction materials (e.g., chemically, or physically), the
paint waste will be evaluated independently from the building material by a qu alified
hazardous materials inspector to determine its proper management. All hazardous
materials shall be handled and disposed of in accordance with federal, state, and local
regulations. According to the California Department of Toxic Substances Control, if the
paint is not removed from the building material during demolition (and is not chipping or
peeling), the material can be disposed of as construction debris (a non -hazardous waste).
The landfill operator will be contacted prior to disposal of building material debris to
determine any specific requirements the landfill may have regarding the disposal of lead -
based paint materials. The disposal of demolition debris shall comply with any such
requirements. The project applicant shall document proof that paint waste has been
evaluated by a qualified hazardous waste materials inspector and handled according to
their recommendation to the City Community Development Department.
AQ -6 Monitoring Plan. The City shall verify receipt of evidence that separated pa int
waste was evaluated by a qualified hazardous waste materials inspector and handled
according to their recommendation, if applicable.
Biological Resources Mitigation
Mitigation Measure BIO-1. The developer shall retain a qualified biologist to conduct
roosting bat surveys prior to proposed demolition/rehabilitation activities. Pre-disturbance
surveys for bats shall include one daytime survey and one dusk survey no more than 14
days prior to the start of construction to determine if bats are roosting in t he abandoned
structure or in any of the trees on the property. If bats are found to be roosting on the
project site, a bat exclusion plan shall be developed by the qualified biologist to ensure
impacts to bats are avoided and submitted to the City for review and approval.
BIO-1 Monitoring Plan. The City shall verify receipt of the survey plan and review and
approve the exclusion plan, if applicable.
Mitigation Measure BIO-2 If construction activities involving ground disturbance
or vegetation removal are proposed at any point during the typical nesting bird season
(February 1–September 15), a nesting bird survey shall be conducted by a qualified
biologist no more than 10 days prior to the start of ground disturbance to determine
presence/absence of nesting birds. Surveys shall cover all areas potentially affected by
Page 471 of 717
Resolution No. _____ (2025 Series) Page 8
R ______
the project via direct impacts (e.g., nest destruction) or indirect impacts (e.g., noise,
vibration, odors, movement of workers or equipment, etc.). If nesting activity is detected,
the following measures shall be implemented:
a. Buffer Establishment. If an active bird nest is observed during preconstruction
surveys or during construction, the qualified biologist shall determine an
appropriate no-disturbance setback based on existing conditions and bird
behavior. These buffers shall remain in place until the breeding season has ended
or until a qualified biologist has determined that the birds have fledged and are no
longer reliant on the nest or parental care for survival.
b. Variance of Buffer Distances. Variance from the no-disturbance buffers
described above may be allowable when there is a compelling biological or
ecological reason to do so, such as when the cons truction area would be
concealed from a nest site by topography. Any variance from the no -disturbance
buffers shall be advised and supported by a qualified biologist. The California
Department of Fish and Wildlife may be contacted for technical assistance if
recommended by the qualified biologist.
c. Nesting Monitoring. If nest buffers are reduced, the biologist shall monitor any
construction activities within the pre-determined setback distance. If nesting birds
show any signs of disturbance, including changes in behavior, significantly
reducing frequency of nests visits, or refusal to visit the nest, the biologist will stop
work and increase the nest buffer. If appropriate on a case -by-case basis, as
determined by the qualified biologist, nest monitoring may be reduced to weekly
spot-check monitoring, at a minimum, if the biologist determines that the nesting
birds have shown no signs of disturbance from construction activities and a
continuation of the same types of construction activities are unlikely to di sturb the
nesting birds. All monitoring reports shall be submitted to the City.
d. Nest Removal. Nests, eggs, or young of birds covered by the Migratory Bird
Treaty Act and California Fish and Game Code shall not be moved or disturbed
until a qualified biologist has determined that the nest has become inactive or
young have fledged and become independent of the nest.
e. Reporting. A qualified biologist shall document all active nests and submit a letter
report to the City of San Luis Obispo documenting project compliance with the
Migratory Bird Treaty Act, California Fish and Game Code, and applicable project
mitigation measures.
BIO-2 Monitoring Plan. The City shall verify receipt of the survey report, active nest
letter report, and monitoring reports, if applicable.
Mitigation Measure BIO-3 Water Pollution Control Plan. At the time of
application for demolition, grading, or building permits, whichever occurs first, the project
applicant shall prepare and submit a Water Pollution Control Plan (WPCP) to be reviewed
and approved by the City. The WPCP shall include, but not be limited to, the following
erosion and sedimentation control methods and shall be implemented during the
construction phases of the project:
Page 472 of 717
Resolution No. _____ (2025 Series) Page 9
R ______
a. If possible, the potential for erosion and sedim entation shall be minimized by
scheduling construction activities during the dry season (June 15–October 31).
b. Sediment and erosion control measures shall be developed by a qualified engineer
to protect water quality and comply with appropriate local and state regulations.
Measures may include the use of silt fence, straw wattles, erosion control blankets,
straw bales, sandbags, fiber rolls, and other appropriate techniques employed to
protect the drainage feature on and farther downstream of the property. All areas
with soil disturbance shall have appropriate erosion controls and other stormwater
protection best management practices installed to prevent erosion potential. All
sediment and erosion control measures shall be installed per the engineer’s
requirements.
c. Spill kits shall be maintained on the project site and a Spill Response Plan shall be
in place.
d. Equipment shall be refueled in designated areas with appropriate spill
containment. Equipment storage shall use drip pans or ground covers as
appropriate to ensure leaks are contained. All equipment and vehicles shall be
checked and maintained on a daily basis to ensure proper operation and to avoid
potential leaks or spills.
e. Concrete washout shall be conducted in specified areas and with appropriate
containment measures to ensure washout does not leave the site and enter the
City of San Luis Obispo’s storm drain system. Washing of equipment, tools, etc.,
shall occur in specified locations where the tainted water will not affect the drainage
or City of San Luis Obispo’s storm drain system.
f. The use of chemicals, fuels, lubricants, or biocides shall be in compliance with all
federal, state, and local regulations. All uses of such compounds shall observe
label and other restrictions mandated by the U.S. Environmental Protection
Agency, California Department of Food and Agriculture, and other federal and
state legislation.
g. All project-related spills of hazardous materials within or adjacent to the project site
should be cleaned up immediately.
BIO-3 Monitoring Plan. The City shall review and approve the WPCP and verify all
measures are shown on relevant site plan sheets.
Cultural Resources Mitigation
Mitigation Measure CR-1 Alternative Building Materials. At the time of application for
building permits, building plans for the residential units shall be reviewed to verify use of
alternate window materials (i.e., other than vinyl) such as wood or another synthetic
material with colors and finishes that better reflect the character of the adobe and nearby
historical resources.
CR-1 Monitoring Plan. The City shall verify all relevant plan sheets have been updated
to identify alternative window materials consistent with this measure.
Page 473 of 717
Resolution No. _____ (2025 Series) Page 10
R ______
Mitigation Measure CR-2 Rehabilitation Plan Implementation. Prior to issuance of a
permit for demolitions or any alterations to the Rosa Butrón Adobe, construction plans
shall include all proposed treatments detailed in the approved Rehabilitation Plan shown
on relevant demolition and/or building permit sheets as callouts and notes to guide the
rehabilitation process and be reviewed and approved by a qualified consultant for
consistency with the approved Rehabilitation Plan and SOI Standards. Final construction
plans shall be reviewed and approved by the Community Development Direc tor. The
qualified consultant shall include either a historic architect that meets the SOI
Qualifications in historic architecture and has demonstrable experience with the
rehabilitation of historic adobe buildings, or an SOI Qualified architectural historian and a
materials conservation specialist with expertise in the preservation and rehabilitation of
adobe buildings. The selected consultant shall be available to assist the design and
construction team throughout the execution of the project to ensure th at treatment
approaches compliant with the SOI Standards for Rehabilitation are being implemented.
The final construction plans shall include:
Assessment of the building that focuses on the existing conditions of specific
architectural systems (i.e. windows, doors, roof) and materials (i.e. adobe and
wood siding). A condition assessment of the building’s structural systems and
inclusion of mechanical and electrical systems shall also be included.
Preparation of detailed Standards compliant treatment recommendations related
to the existing character-defining features of the Rosa Butrón Adobe and their
preservation. In addition to the Standards, treatment recommendations should
also take into consideration other appropriate guidelines and guidance docu ments,
including publications by the National Park Service’ Technical Preservation
Services.
Description of recommendations related to the new construction at the Rosa
Butrón Adobe. This should address fundamental issues including, but not limited
to:
a. The appearance of the new rear elevation, including the forms, fenestration
patterns, materials, and finishes;
b. How the new rear elevation will be integrated into the historic fabric of the side
elevations, as well as the architectural and structural systems of the building,
in a way that complies with the Standards; and
c. Recommendations related to landscape and site improvements around the
Rosa Butrón Adobe, such as drainage, to continue preserving the building in
its rehabilitated configuration.
Treatment recommendations for the continued short- and long-term maintenance
of the Rosa Butrón Adobe.
The above implementation requirements shall be incorporated into construction plan
submittals and shall be administered by the appropriate City Planning staff responsible
for the administration of the Historic Preservation Program to the satisfaction of th e
Page 474 of 717
Resolution No. _____ (2025 Series) Page 11
R ______
Community Development Director and will be required prior to the issuance of any
building or demolition permits.
CR-2 Monitoring Plan. The City shall verify all proposed treatments detailed in the
approved Rehabilitation Plan are shown on relevant demolition and building plan sheets.
The implementation requirements shall be administered by the appropriate City planning
staff responsible for the administration of the Historic Preservation Program to the
satisfaction of the Community Development Director and will be required prior to the
issuance of any building or demolition permits.
Mitigation Measure CR-3 Preconstruction Historic Resources Training. Prior to
issuance of demolition and construction permits, whichever occurs first, all construction
staff shall attend a preconstruction training session that outlines relevant information
related to the treatment of historic resources. This training may be held by City staff
affiliated with the City’s Historic Preservation Program, along with relevant con sultants,
including SOI-Qualified architectural historians, and/or contractors/craftsman with
expertise related to the rehabilitation and preservation of adobe buildings. The training
shall cover key concepts related to historic preservation practices and the City’s Historic
Preservation Program, sensitive scope items related to the demolition and rehabilitation
of the building’s historic core, and general site protocols and procedures during
construction activities that are intended to protect and preserve the Rosa Butrón Adobe.
CR-3 Monitoring Plan. The City shall review the submitted training materials and
trainers’ qualifications to ensure compliance with this measure.
Mitigation Measure CR-4 Construction Protection Protocols. At the time of
application for demolition and construction permits, whichever occurs first, construction
plans shall include protection protocols that will protect the Rosa Butrón Adobe during
construction activities. These measures shall address issues related to the stabilization
of any deteriorated materials at the historic buildings as identified in the Rehabilitation
Plan, identification of appropriate construction equipment to be used on and in proximity
to the historic adobe, and on-site security measures specific to preserving the adobe from
vandalism or other human-related damage. Protocols shall also identify emergency
procedures in the event of inadvertent damage during construction, or damage sustained
in the event of a natural disaster. Final construction plans shall be subject to the review
and approval of the Community Development Director.
CR-4 Monitoring Plan. The City shall review submitted project plans and verify all
protection measures have been identified on relevant plan sheets.
Mitigation Measure CR-5 Selection of Contractors with Rehabilitation Experience.
Prior to issuance of demolition and construction permits, whichever occurs first, the City
shall review and approve the applicant-chosen contractor team for the relevant
demolition, rehabilitation, and construction phases of the project that has demonstrated
experience with preserving and rehabilitating historic resources. Special consideration
shall be given to bid teams that have staff or subcontractors with experience in the
treatment of adobe buildings.
Page 475 of 717
Resolution No. _____ (2025 Series) Page 12
R ______
CR-5 Monitoring Plan. The City shall review the selected contractor’s credentials and
verify they meet the intent of this measure.
Mitigation Measure CR-6 At the time of building and/or grading permit application
submittal, the project applicant shall retain a City of San Luis Obispo-qualified
archaeologist to develop an Archaeological Monitoring Plan for the project. The plan shall
include, but not be limited to:
a. List of personnel involved in the monitoring activities
b. Description of how the monitoring shall occur;
c. Description of frequency of monitoring (e.g., full time, part time, spot checking);
d. Description of what resources are expected to be encountered, including, but not
limited to, mission-era artifacts;
e. Description of circumstances that would result in the halting of work at the project
site;
f. Description of procedures for halting work on the project site and notification
procedures;
g. Description of monitoring reporting procedures;
h. Specific, detailed protocols for what to do in the event of the discovery of human
remains; and
i. Thresholds for reducing and/or discontinuing monitoring in the event resources are
not present and/or the potential to encounter resources is negligible.
The Archaeological Monitoring Plan shall be reviewed and approved by City staff prior to
the issuance of project building and/or grading permits.
CR-6 Monitoring Plan. The City shall review and approve the Archaeological
Monitoring Plan prior to issuance of grading, demolition, or building permits.
Mitigation Measure CR-7 If cultural resources are encountered during subsurface
earthwork activities, all ground-disturbing activities within a 25-foot radius of the find shall
cease and the City shall be notified immediately. Work shall not continue until a City of
San Luis Obispo-qualified archaeologist assesses the find and determines the need for
further study. If the find includes Native American -affiliated materials, a local Native
American tribal representative will be contacted to work in conjunction with the City of
San Luis Obispo-approved archaeologist to determine the need for further study. A
standard inadvertent discovery clause shall be included in every grading and construction
contract to inform contractors of this requirement. Any previously unidentified resources
found during construction shall be recorded on appropriate California Department of
Parks and Recreation forms and evaluated for significance in terms of the California
Environmental Quality Act criteria by a qualified archaeologist.
Page 476 of 717
Resolution No. _____ (2025 Series) Page 13
R ______
If the resource is determined significant under the California Environmental Quality Act,
the qualified archaeologist shall prepare and implement a research design and
archaeological data recovery plan, in conjunction with locally affiliated Native American
representative(s) as necessary, that will capture those categories of data for which the
site is significant. The archaeologist shall also perform appropriate technical analysis,
prepare a comprehensive report, and file it with the Central Coast Information Center,
located at the University of California, Santa Barbara, and provide for the permanent
curation of the recovered materials.
CR-7 Monitoring Plan. The City shall verify halt work measures have been identified
on relevant plan sheets. The City shall notify a local Native American tribal representative,
if applicable. The City shall review and approve the resource evaluation and research
design and archaeological data recovery plan, if applicable.
Mitigation Measure CR-8 In the event that human remains are exposed during earth -
disturbing activities associated with the project, an immediate halt work order shall be
issued, and the City of San Luis Obispo Community Development Director and locally
affiliated Native American representative(s) (as necessary) shall be notified. California
Health and Safety Code Section 7050.5 requires that no further disturbance of the site or
any nearby area reasonably suspected to overlie adjacent human remains shall occur
until the County Coroner has made the necessary findings as to origin and disposition
pursuant to California Public Resources Code Section 5097.98. If the remains are
determined to be of Native American descent, the coroner shall notify the Native
American Heritage Commission within 24 hours. These requirements shall be printed on
all building and grading plans.
CR-8 Monitoring Plan. The City shall verify halt work measures have been identified
on relevant plan sheets. The City shall notify a local Native American tribal representative
and the County Coroner, if applicable.
Noise Mitigation
Mitigation Measure N-1 For the entire duration of the construction phase of the project,
the following noise reduction measures shall be adhered to:
a. Stationary construction equipment that generates noise that exceeds 60
Aweighted decibels at the project boundaries shall be shielded with the most
modern noise control devices (i.e., mufflers, lagging, and/or motor enclosures).
b. Impact tools (e.g., jackhammers, pavement breakers, rock drills, etc.) used for
project construction shall be hydraulically or electrically powered wherever
possible to avoid noise associated with compressed air exhaust from
pneumatically powered tools.
c. Where use of pneumatic tools is unavoidable, an exhaust muffler on the
compressed air exhaust shall be used.
Page 477 of 717
Resolution No. _____ (2025 Series) Page 14
R ______
d. All construction equipment shall have the manufacturers’ recommended noise
abatement methods installed, such as mufflers, engine enclosures, and engine
vibration insulators, intact and operational.
e. All construction equipment shall undergo inspection at periodic intervals to ensure
proper maintenance and presence of noise control devices (e.g., mufflers,
shrouding, etc.).
N-1 Monitoring Plan. The City shall verify noise reduction measures have been
identified on relevant plan sheets.
Mitigation Measure N-2 Construction plans shall note construction hours, truck routes,
and all construction noise reduction measures and shall be reviewed and approved by
the City of San Luis Obispo Community Development Department prior to issuance of
grading/building permits. The City of San Luis Obispo shall provide and post signs stating
these restrictions at construction entry sites prior to commencement of construction and
shall maintain these signs throughout the construction phase of the project. All
construction workers shall be briefed at a preconstruction meeting on construction hour
limitations and how, why, and where noise reduction measures are to be implemented.
N-2 Monitoring Plan. The City shall verify construction hours, truck routes, and noise
reduction measures have been identified on relevant plan sheets.
Mitigation Measure N-3 For all construction activity at the project site, additional noise
attenuation techniques shall be employed as needed to ensure that noise levels are
maintained within levels allowed by the City of San Luis Obispo Municipal Code, Title 9,
Chapter 9.12 (Noise Control). Such techniques shall include, but are not limited to, the
following:
a. Sound blankets shall be used on noise-generating equipment;
b. Stationary construction equipment that generates noise levels above 65
Aweighted decibels at the project boundaries shall be shielded with a barrier that
meets a sound transmission class (a rating of how well noise barriers attenuate
sound) of 25;
c. All diesel equipment shall be operated with closed engine doors and shall be
equipped with factory-recommended mufflers;
d. The movement of construction-related vehicles, except for passenger vehicles,
along roadways adjacent to sensitive receptors shall be limited to the hours
between 7:00 a.m. and 7:00 p.m., Monday through Saturday. No movement of
heavy equipment shall occur on Sundays or official holidays (e.g., Thanksgiving,
Labor Day); and
e. Temporary sound barriers shall be constructed between construction sites and
affected uses.
N-3 Monitoring Plan. The City shall verify noise reduction measures have been
identified on relevant plan sheets.
Page 478 of 717
Resolution No. _____ (2025 Series) Page 15
R ______
Mitigation Measure N-4 The project contractor shall notify residents and business
operators at properties within 300 feet of the project of proposed construction timelines
and noise compliant procedures to minimize potential annoyance related to construction
noise. Signs shall be in place prior to and throughout grading and construction activities
informing the public that noise-related complaints shall be directed to the construction
manager prior to the City of San Luis Obispo Community Development Department.
N-4 Monitoring Plan. The City shall verify receipt of the notice and list of recipients.
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 City Council hereby
grants final approval to the project (ARCH-0329-2022) with incorporation of the following
conditions:
Planning Division
1. Compliance with Conditions. 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-0329-2022). 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 listed items as to where in plans
requirements are addressed. Any change to approved design, colors, materials,
landscaping, or other conditions of approval must be approved by the Director or
Architectural Review Commission, as deemed appropriate.
2. Demolition of Structures Older than 50 Years. Demolition of portions of the existing
building shall not commence until a permit has been issued by the building offic ial.
The applicant shall comply with Municipal Code Chapter 15.04 Construction and
Fire Prevention Regulations, Appendix Chapter A2 Demolition and Moving of
Buildings.
3. Colors and Materials. Plans submitted for a building permit shall call out the colors
and materials of all proposed building surfaces and other improvements. Colors and
materials shall be consistent with the color and material board submitted with the
Development Review application. The color of the exterior siding shall match that of
the updated renderings presented to the Planning Commission. All color and
materials in final permit drawings shall be subject to the satisfaction of the
Community Development Director.
4. Number of Parking Spaces. The applicant has been granted a concession to reduce
the number of required parking spaces under State Density Bonus law. The number
of parking spaces to be provided are 4 vehicle spaces and 26 bicycle spaces.
5. Bicycle Parking. Plans submitted for a building permit shall clearly depict the location
of all required short and long-term bicycle parking for all intended uses. Plans shall
show all areas designated for long-term bicycle parking such as bicycle lockers,
Page 479 of 717
Resolution No. _____ (2025 Series) Page 16
R ______
interior spaces, or storage rooms. Short-term bicycle racks shall be consistent with
the City Active Transportation Plan Design Guidelines and feature “hi-low style”
campus racks (such as “Peak Racks”) or City-approved equivalent (inverted “U” rack
designs shall not be permitted) and shall be installed in close proximity to, and visible
from, the main entries into the buildings. Sufficient detail shall be provided about the
placement and design of bike racks, lockers, and interior spaces to demonstrate
compliance with relevant Engineering Standards and Community Design Guidelines,
to the satisfaction of the Public Works and Community Development Directors.
6. Lighting Plan. Plans submitted for building permit shall include a photometric plan,
demonstrating compliance with maximum light intensity standards not to exceed a
maintained value of 10 foot-candles. The locations of all lighting, including bollard
style landscaping or path lighting, shall be included in plans submitted for a building
permit. All wall-mounted lighting fixtures shall be clearly called out on building
elevations included as part of working drawings. All wall-mounted lighting shall
complement building architecture. The lighting schedule for the building shall include
a graphic representation of the proposed lighting fixtures and cut-sheets on the
submitted building plans. The selected fixture(s) shall be shielded to ensure that light
is directed downward consistent with the requirements of the City’s Night Sky
Preservation standards contained in Chapter §17.70.100 of the Zoning Regulations.
7. Site Maintenance. The storage area for trash and recycling cans shall be screened
from the public right-of-way consistent with §17.70.200 of the Zoning Regulations.
The subject property shall be maintained in a clean and orderly manner at all times,
free of excessive leaves, branches, and other land scape material. The applicant
shall be responsible for the clean-up of any landscape material in the public right-of-
way.
8. Landscaping. The applicant shall submit a landscaping plan containing an irrigation
system plan with submittal of working drawings for a building permit. The legend for
the landscaping plan shall include the sizes and species of all groundcovers, shrubs,
and trees with corresponding symbols for each plant material showing their specific
locations on plans. The surfaces and finishes of hardscapes shall be included on
the landscaping plan. All tree preservation requirements and tree plantings shall
comply with the conditions herein from the City Arborist.
9. Fences. Plans submitted for construction permits shall include elevation and detail
drawings of all walls and fences. Fences, walls, and hedges will comply with the
development standards described in the Zoning Regulations (§17.70.070 –Fences,
Walls, and Hedges).
10. Backflow Preventer. The location of any required backflow preventer and doub le-
check assembly shall be shown on all site plans submitted for a building permit,
including the landscaping plan. Construction plans shall also include a scaled
diagram of the equipment proposed. Where possible, as determined by the Utilities
Director, equipment shall be located inside the building within 20 feet of the front
property line. Where this is not possible, as determined by the Utilities Director, the
Page 480 of 717
Resolution No. _____ (2025 Series) Page 17
R ______
back-flow preventer and double-check assembly shall be located in the street yard
and screened using a combination of paint color, landscaping and, if deemed
appropriate by the Community Development Director, a low wall. The size and
configuration of such equipment shall be subject to review and approval by the
Utilities and Community Development Directors.
11. Noise Compliance. The design of proposed structures shall incorporate noise
attenuating construction techniques that reduces noise exposure to acceptable
levels. Exposure in outdoor activity areas must not exceed 65 dB and indoor
exposure must not exceed 45 dB consistent with the City’s Noise Ordinance. Plans
submitted for construction permits must clearly indicate and describe noise
attenuation measures, techniques, and materials, and demonstrates their
compliance with noise levels limits.
12. Signage. Prior to final occupancy, interpretive historical signage shall be installed to
the satisfaction of the Community Development Director. The interpretive signs shall
reflect all periods of significance and the cultural narrative of the site. The layout,
content, and narrative of the interpretive signage shall be prepared by a qualified
historic consultant and reviewed by the Cultural Heritage Committee.
13. Expiration of Entitlement. If the required building permits are not submitted for the
site development within three years of this discretionary action, the approval shall
expire. Requests for renewals may be granted in conformance with §17.104.070.
Housing Programs – Community Development Department
14. Affordable Housing Agreement. Prior to issuance of building permits, the City and
the applicant shall enter into an Affordable Housing Agreement, to be recorded in
the office of the county recorder. The agreement shall specify mechanisms or
procedures to assure the continued affordability and availability of the residential
units to low-income households, to the satisfaction of the Community Development
Director.
Engineering Division – Public Works/Community Development
15. The building plan submittal shall include a complete site plan with all property lines,
dimensions, easements, survey monumentation, public rights -of-way, and existing
improvements for reference. The plans shall include the most current Boundary
Survey summary and Record of Survey prepared by MBS Land Surveyors. The
property line identifications shall correctly show and label the northerly property line,
if the deed calls are to the centerline (thalweg) of Stenner Creek in accordance with
the latest Record of Survey.
16. The building plan submittal shall show all existing private or public easements,
including any shared driveway easement/agreement. The submittal shall provide
copies of easements if not otherwise included as embedded links in a Preliminary
Title Report.
Page 481 of 717
Resolution No. _____ (2025 Series) Page 18
R ______
17. The building plan submittal shall show and reference any existing improvements to
remain, including any encroachments of site, structure, or utility improvements from
the adjoining properties. The site/civil plans shall show and reference th e “sliver”
parcel and related survey monumentation for reference.
18. The building plan submittal shall include a complete site development plan showing
all existing and proposed public and private improvements including utility
identification and abandonments.
19. A pre-construction meeting shall be scheduled by the developer prior to the
commencement of any construction activities including but not limited to demolition,
construction staging, site preparation, or tree removals/pruning. The inspection shall
include the contractor(s) of record, building, public works, and stormwater inspectors,
City Arborist, project planner, and City Natural Resources Manager or City Biologist.
20. The applicant/contractor shall provide written notice to the neighboring property
owner and tenants located at 460-464 Dana 90 days prior to commencing with
construction that could affect their access. A copy of said notice shall be provided
to the City Planning Division. If the original notice only includes a general schedule,
a separate notice(s) with detailed access closures, etc. shall be provided a minimum
of 10 days prior to any closure.
21. A separate encroachment permit will be required for all work or construction staging
within the public right-of-way.
22. Any sections of damaged or displaced curb, gutter, and/or sidewalk shall be repaired
or replaced to the satisfaction of the Public Works Department. The plans shall show
or note the limit of the known sidewalk replacement. All or portions of the existing
detached/parkway sidewalk improvements may need to be replaced with integral
sidewalk per City Engineering Standards. The applicant shall contact the
Engineering Division to coordinate a detailed site walk to clarify the limits and types
of improvements to be shown in the building plan submittal.
23. The details of the existing driveway approach, if proposed to remain, shall be
included in the plan submittal. If proposed to remain, a design exception may be
required to the approval of by the City Engineer.
24. The plans shall show and label all existing frontage improvements and utilities
located along the Dana Street frontage. Additional clarification may be required to
determine whether one or more sewer laterals may exist along the parcel frontage.
The plans shall identify the 1” pipe/valve that is located within the parkway. The
valve and any piping shall be abandoned or upgraded per City Engineering
Standards to the satisfaction of the City Engineer.
25. The site plan shall provide any additional information or discovery on the abando ned
piping system and improvements located near the top of creek bank. The plans and
reports shall clarify where the existing or former private waste disposal system,
septic tank, and/or leach fields might exist. If not discoverable or if records of thei r
Page 482 of 717
Resolution No. _____ (2025 Series) Page 19
R ______
abandonment do not exist, the plan shall include notes to provide direction to the
contractor(s) on the steps to take upon any discovery of a former private waste
system.
26. The site plan shall show all existing buildings and improvements along with the
proposed disposition. Neighboring structures and site improvements shall be shown
for 464 Dana for reference. Show all existing and proposed parking areas and
compliance with the Parking and Driveway Standards.
27. The site plan shall show and label the existing sections of historic granite curbing (2
sections) leading into the existing unimproved parking area. The plan and reports
shall clarify the proposed disposition or re-use of the granite. If not proposed or
conditioned for use within the site, these sections shall be retained as City property.
28. The site plan shall show the location of the solid, recycle, and green waste container
storage areas per City Standards and guidelines. The solid waste container
placement in the public right-of-way shall be shown and noted on the plans to the
satisfaction of the Public Works Department and San Luis Garbage Company.
Special curb painting or other strategy may be required to accommodate the weekly
placement and pick-up of the containers to the satisfaction of the City.
29. Provide a complete and accurate site plan showing all existing and proposed utilities,
and utility abandonments. The plan shall show and label both the existing overhead
electrical service and separate tele-com wiring service drops for reference. The plan
shall clarify that all wire services to the existing and proposed units shall be
underground. Provide a proposed utility plan for reference. The plan should show
and note that all wire services to the new campus shall be underground. The
utility/demolition plans shall show the existing gas service and note the termination
at the gas main in accordance with City and Gas Company standards.
30. The PGE preliminary memo and final handout package shall be reviewed and
approved by the City prior to commencing with the pertinent construction. The
undergrounding of the electrical service and tele -communication wiring shall be
accomplished without a net increase in utility poles located within the public right -of-
way unless specifically approved by the Community Development Director.
31. The plans and reports shall clarify the proposed and required fire sprinkler system(s)
to the satisfaction of the Building Division and Fire Department. The residential
systems shall be in accordance with City Standards and the pertinent NFPA
Standards. Unless an amended underground is approved for a 2” service lateral,
the plans and related standard references shall be amended. Likewise, if a 2”
underground service is endorsed, the plans shall reference the appropriate 2 ” fire
service standard.
32. The final foundation design shall show and note compliance with the California
Building Code for vertical and lateral loading, tree preservation
requirements/strategies, and the Floodplain Management Regulations.
Page 483 of 717
Resolution No. _____ (2025 Series) Page 20
R ______
33. Provide a preliminary grading and drainage plan for reference. Include some
analysis of the adjoining upslope watershed to clarify whether run -on is expected in
non-flood storm events. The project shall show how any run-on will be accepted and
conveyed in a non-erosive manner to an approved outlet.
34. The plans and submittal shall show and note compliance with the Drainage Design
Manual (DDM), the Floodplain Management Regulations, and the Post Construction
Stormwater Regulations (PCR’s).
35. The preliminary drainage report shall include a response to the bulleted items in
Section 2.3.1 of the DDM. This area may be considered part of the in -fill area of
downtown. The report may still need to consider the project impacts on existing and
proposed flooding depths and velocities in accordance with the Floodplain
Management Regulations and FEMA requirements. The report may need to be
expanded to analyze and clarify the difference in flood storage volume, worst -case
pre vs. post cross-section, and analysis of the ultimate foundation design.
36. The plans and reports shall show and note the Base Flood Elevation (BFE) in
accordance with the FIRM and FIS. The plans and reports shall clarify the strategy
for elevating the new structures and building service equipment at least 1’ above the
BFE. Additional freeboard beyond the proposed 1.1 foot is recommended to avoid
conflicts based on normal construction tolerances and to improve the resiliency of
the campus. The detailed plans for the units shall be provided in conjunction with
this analysis to confirm whether any additional freeboard/protections are required for
building service equipment, ducting, envelope insulation, etc. in accordance with
FEMA standards. Depending upon the final design and analysis, the certification of
the design elevation of the foundation system/finish floor may be required prior to
foundation inspection approvals.
37. The plans and project description should clarify the scope of work and proposal for
the remodel of the existing residence to remain. Show the finish floor elevation of
the adobe structure compared to the Base Flood Elevation. Show and note
compliance with the regulations for the proposed remodel/adaptive reuse of the
existing historic structure and how structures that are substantially remodeled and/or
substantially damaged comply with the current regulations. This Master List Historic
structure is considered to be exempt from these provisions if the structure remains
as master listed after the remodel. Any new building se rvice equipment or utility are
not exempt from compliance with the regulations and protection from flood damage.
Some passive protections or “dry” floodproofing are recommended for the existing
structure to remain.
38. The final drainage report shall show and note compliance with the PCR’s. Provide
a completed checklist and supporting plans and exhibits that document the existing
and proposed impervious areas, performance requirements, and proposed
performance strategies. The analysis shall include a det ail of all existing and
proposed impervious surfaces. Unless otherwise exempt, the plan and analysis shall
include the square footage of all new or altered “impervious” walkways, ramps, deck
Page 484 of 717
Resolution No. _____ (2025 Series) Page 21
R ______
structures, parking areas, and drive aisles. The plans and repo rt shall clarify how
the DMA-A2 drainage area that has run-off directed toward Dana Street will be
treated for Performance Requirement 2 (PR-2), water quality.
39. The building plan submittal shall include the complete site plan and tree survey.
Show and note the diameter and species of each tree. Include a summary of trees
to be removed, relocated, or retained along with any pertinent tree protection
measures. The plan shall show and label any off -site trees that have tree
canopies/root zones that could extend into this campus and could be affected by the
proposed construction. The plans and reports shall include all tree protection notes
and improvements to the satisfaction of the consulting arborist and City Arborist .
City Arborist – Public Works
40. The project shall replant, at a minimum, one tree for every tree removed. All trees
replanted shall be 15-gallon or 24-inch box trees. If the compensatory trees cannot
be accommodated onsite to the satisfaction of the City Arborist, they will be required
at a 2:1 rate offsite. Tree species and size selections are also subject to City Arborist
approval.
41. Street trees are required at a minimum rate of one (1) 15-gallon street tree for each
35 linear feet of frontage. The plans shall show all existing and proposed street trees.
Tree species selections are subject to City Arborist approval.
42. All compensatory trees shall be planted per the City’s Engineering Standards for tree
planting prior to final building inspection. All trees planted as part of a compensatory
plan shall survive and any trees that do not survive or establish in good health shall
be replanted.
43. The building plan submittal shall show all existing trees to be removed and trees to
be retained. The plan shall show any neighboring trees with canopies /root zones
within the area of construction disturbance. Tree protection measures shall be shown
and noted on the building plans in accordance with the Tree Assessment (December
15, 2023) to the satisfaction of the City Arborist.
44. In accordance with the Construction Best Practices outlined in the Tree Assessment,
the Project Arborist shall review and approve the proposed tree protection measures
prior to commencing with any demolition, grading, or construction. The Project
Arborist shall approve any safety pruning, the cutting of substantial roots (greater
than 2-inches in diameter), or grading within the dripline of trees. A city-approved
arborist shall complete pruning using ISA best practices. All required tree protection
measures shall be shown or noted on the building plans.
45. A substantial amount of work will be taking place in the critical root zone of both a
30-inch DBH and 36-inch DBH Coast Live Oak. Additional tree protection measures
need to be put in place to protect the critical root zone to the satisfaction of the City
Arborist. This could include the use of plywood or the application of thick mulch to
minimize compaction to the critical root due to foot traffic or construction equipment.
Page 485 of 717
Resolution No. _____ (2025 Series) Page 22
R ______
The Project Arborist shall be onsite to monitor any digging , or boring taking place in
the critical root zones of any trees to be protected.
46. Consider removing the 37-inch DBH Avocado, shown as protected in the Tree
Assessment Report. Avocados are known for their shallow and sensitive root
systems. The grading for the ADA parking could send the tree into decline. Older
trees can be considerably more sensitive to damage than younger trees. The tree’s
canopy will also need to be cut back to prevent avocados from falling the parking lot
area. This loss of canopy will also negatively affect the tree’s ability to recover from
damage to or loss of its critical root zone.
47. California Fish and Game Code Section 3503.5 and the Migratory Bird Treaty Act of
1972 prevents the removal of trees with active nests. To account for m ost nesting
birds, removal of trees should be scheduled to occur in the fall and winter (between
September 1st and January 31st) and after the young have fledged. If removing trees
during the nesting season (February 1st to August 31st), a qualified biologist shall
inspect any trees marked for removal that contain nests to determine if the nests are
active. If there are active nests, trees shall not be removed and may only be removed
once a qualified biologist provides a confirmation memo that breeding / ne sting is
completed, and young have fledged the nest prior to removal of the tree to the
satisfaction of the Community Development Director or City Biologist.
48. A final landscaping plan, including irrigation details and plans, shall be submitted to
the Community Development Department along with working drawings. The legend
for the landscaping plan shall include the sizes and species of all groundcovers,
shrubs, and trees with corresponding symbols for each plant material showing their
specific locations on plans.
Natural Resources – Office of Sustainability
49. Nesting Birds. All tree removals associated with development at the project site shall
be scheduled to occur outside of the typical nesting bird season (February to
September), to avoid potential impacts to nesting birds in accordance with
Government Code Section 3503 and 3505.5.
50. Sediment and Erosion Control Plan. Plans submitted for a building permit shall
include a sediment and erosion control plan that protects the creek banks and
channel from erosion and prevent sedimentation of the creek near and downstream
from the site. Current Best Management Practices (BMP) should be utilized.
Washing of concrete, paint, tools, or equipment shall occur only in areas where
polluted water and materials can be contained and removed from the site.
51. Construction Buffer. Prior to construction activities of any new structures in areas
within 20 feet of the channel, a setback area of 5-feet from the outer edge of riparian
vegetation will be fenced with orange construction fencing and signed to prohibit
entry. To control sedimentation during and after projec t implementation, silt fencing
shall be installed adjacent to, and outside the orange construction fencing. Once
Page 486 of 717
Resolution No. _____ (2025 Series) Page 23
R ______
construction in the 20-foot setback is complete, the fencing may be removed.
52. Construction Site Maintenance. During construction, no litter or construction debris
shall be placed within the setback. All such debris and waste will be picked up daily
and properly disposed of at an appropriate site. In addition, all project -generated
debris, building materials, and rubbish will be removed from the setback and from
areas where such materials could be washed into the channel.
53. Construction Activity. All refueling, maintenance, and staging of equipment and
vehicles shall occur at least 50 feet from the channel and in a location where a
potential spill would not drain directly toward the channel. Prior to the onset of work
activities, a plan will be in place for prompt and effective response to any accidental
spills.
54. Creek Preservation. Plans submitted for a building permit shall not include any
improvements, modifications, or grading within the top of bank of the creek channel.
Utilities Department
55. The building permit submittal shall include a site utility plan showing the size of
existing and proposed sewer and water services. The proposed utility infrast ructure
shall comply with the latest engineering design standards effective at the time the
building permit is obtained and shall have reasonable alignments needed for
maintenance of public infrastructure along public roads. All residential units are to
be individually metered. Backflow preventors shall be provided for the domestic and
landscape (if required) water meters, to the satisfaction of the Utilities Director. Fire
flow service shall pass through a double-check backflow device.
56. The building permit submittal shall include a final landscape design plan and
irrigation plan and shall identify the square footage of landscaping proposed as part
of the project. If greater than 500 square feet, applicant shall provide a Maximum
Applied Water Allowance (MAW A) calculation. The project’s estimated total water
use (ETWU) to support new ornamental landscaping shall not exceed the project’s
maximum applied water allowance (MAWA). If the project includes one thousand
square feet of landscaping or greater, the project shall provide a separate city-owned
landscape water meter.
57. Plans submitted for a building permit shall comply with the City’s Development
Standards for Solid Waste Services. Plans shall show the location and size of the
bin enclosure(s) that can store the required containers for waste, recycling, and
organics. Plans shall show the location of the discarded materials containers during
pickup if different than the location of the proposed enclosure(s). Provide a copy of
the service review letter from San Luis Garbage within the plan set.
58. Potable city water shall not be used for major construction activities, such as grading
and dust control. Recycled water is available through the City’s Construction Water
Permit program.
Page 487 of 717
Resolution No. _____ (2025 Series) Page 24
R ______
Fire Department
59. Plan sets shall include a separate sheet/s titled F identifying the following fire and
life safety features for the specific project. Site or Civil work involving water supply
information, underground fire line size and location, fire apparatus access and turn -
arounds, location of public/private fire hydrants, fire lanes, location of backflow
device, fire department connection, maximum grade and cross slope, and other
information pertinent to the site. An architectural drawing showing location of fire
sprinkler riser, fire alarm control panel, Knox Box, address numbers, suite numbers,
exiting plan, exit signs, emergency lights, fire extinguishers, door/hardware
schedule, duct detectors, elevator/shaft information, high piled storage areas, trash
locations, required signage, location of exterior awnings, or any other pertinent
information pertaining to the project.
60. Sheet/s titled F shall contain a fire department NOTES section containing
requirements for the individual project. Comments or notes which have been cut and
pasted from previous projects which do not pertain to, or contain wrong information
for, the project being reviewed will be returned for correction and cause a delay in
the plan review process. An example of a standard note might include (Buildings
undergoing construction shall maintain fire safety at all times and shall be in
accordance with Chapter 33 of the 2022 California Fire Code). Notes should also
include any deferred submittal items such as fire protection systems or rack storage.
Be mindful that all code references shall be to current code editions.
Page 488 of 717
Resolution No. _____ (2025 Series) Page 25
R ______
Indemnification
61. Indemnification. 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.
Upon motion of Council Member ___________, seconded by Council Member
___________, and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _________ day of __________ 2025.
___________________________
Mayor Erica A. Stewart
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
Page 489 of 717
Page 490 of 717
RECORDING REQUESTED BY:
Ticor Title Insurance Ccopa
WTIEN RECORDED MAIL TO:
City of San Luis Obispo Attorney
P. 0. Box 8100
990 Palm Street #10
San Luis Obispo, Ca. 93403 -8100
DOC. NO.. 50159
OFFICIAL RECORDS
SAN LUIS OBISPO CO., CA
JUL 2 6 1989
FRANCIS M. COONEY
Escrow No. 165097 -LS (DS) County CJerk- Recorder
THE UNDERSI DECLARES
TIME
9 : 05 W
wun. IaX IS F rbcacTrHt.
DOCUM.EE<`TI'ARY 5r' '11
Computed on full value (Donation)
In the City of San Luis Obispo GRANT DEED
A.P.N. 002 - 401- 002FOR VALUABLE CONSIDERATION,
I o00 RF.
o00CABL
4228
y f
FILED FEE PAID E MPT OUT OF
STATE
receipt of which is hereby acknowledged,
and subject to the covenants, conditions, restrictions and reservations
set forth, MARY GAIL BLACK, a single woman, Grantor, does hereby grant to
the CITY OF SAN LUIS OBISPO, A MUNICIPAL CORPORATION, the hereinafter
described real property in the City of San Luis Obispo, County of San Luis
Obispo, State of California, commonly referred to as 464 and 466 Dana
Street, properly called the Canet Adobe (rather than the "Simmler Adobe"
or the "Waterman Adobe" as it is sometimes referred to) with the request
that the adobe and two adjoining wings that make up the old house, and the
trees on that property be maintained by the city for park or recreational
purposes, and that Mildred Waterman's name be included in any name that
the city gives to this park area. Said property is described as:
ALL THAT PORTION OF BLOCK NO. 60 OF THE CITY OF SAN LUIS OBISPO IN THE
COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA AS LAID DOWN AND DESIGNATED
UPON THE MAP THEREOF COMPILED BY HUBERT C. WARD, CITY SURVEYOR, NOVEMBER
1878, AND FILED FOR RECORD ON JUNE 24, 1882, BOOK A, PAGE 168 OF MAPS IN
THE OFFICE OF THE COUNTY RECORDER OF SAN LUIS OBISPO COUNTY, CALIFORNIA
DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST SOUTHERLY CORNER OF PARCEL "B" OF PARCEL MAP SLO
76 -565 RECORDED IN BOOK 22, PAGE 76 IN THE OFFICE OF THE COUNTY RECORDER;
THIS IS THE POINT OF BEGINNING; THENCE ALONG THE NORTHERLY LINE OF DANA
STREET, SOUTH 53 °07100" WEST A DISTANCE OF 4.98 FEET TO A POINT; THENCE
CONTINUING ALONG SAID NORTHERLY LINE OF DANA STREET SOUTH 37 022'00" WEST A
DISTANCE OF 137.00 FEET TO A POINT; THENCE LEAVING THE NORTHERLY LINE OF
DANA STREET NORTH 52 038'00" WEST TO THE CENTER OF STENNER CREEK; THENCE
NORTHEASTERLY ALONG THE CENTER OF SAID CREEK TO THE MOST WESTERLY CORNER
OF PARCEL "B" OF SAID PARCEL MAP: THENCE ALONG THE WESTERLY LINE OF SAID
PARCEL "B" TO THE POINT OF BEGINNING.
Reserving unto MARY GAIL BLACK a Life Estate during the remainder of
her natural life in and to said real property and premises and all
Improvements thereon, including but not limited to, the sole use, control,
benefit, and income of all of same during her natural life.
LRRh
By acceptance of this deed, said City of San Luis Obispo,
hereinafter referred to as "City ", agrees: JUL 3 1 1989
CLERK
1. To provide water for said property, which shall include C1-1 Y
OBISPO, CA
maintaining continuous water service for Grantor, Grantor's tenants and I
UL 335 5 PAGE 683- Page 491 of 717
the yard to said property during Grantor's lifetime, and the payment of
any and all bills for said service.
2. To provide insurance coverage on said property and Grantor's
adjoining property commonly known as 460 and 462 Dana Street.so long as
that property is also owned by Grantor during her lifetime. That coverage
shall include Grantor's homeowner's, fire, liability and flood insurance
to the same extent that she presently has for said property.
3. To maintain the structures, utility services and yard area on
the described property. Said maintenance shall include structural roof
repair as needed, yard maintenance including thinning and trimming of
trees and shrubbery substantially as the yard is now, and keeping the
water and sewer services operable. Nothing provided for herein should be
construed as preventing Grantor from calling an electrician, plumber or
other service repairman in an emergency, in which event the City will be
responsible for said emergency service bill. Except as provided herein,
City will be responsible for any necessary repairs to said structure
unless the necessity is denied by the City within ten (10) days of
receiving written notice that said repair or maintenance is required.
4. To be responsible for all real property taxes and assessments
imposed upon said property from the date of this deed.
5. To allow ingress and egress over the driveway along the
southwesterly 12' of conveyed property to provide access from Dana Street
to the residences at 460 Dana and 462 Dana Street, Grantor's adjoining
property generally described as San Luis Obispo County Assessor's Parcel
No. 02- 401 -11.
6. To disallow the public use of said property during the lifetime
of Grantor.
7. In the event of failure to comply with any of the covenants and
conditions herein contained, said City, and any successor thereof, shall
forfeit all title to said real property and, in the event of any such
forfeiture, title to said real property shall revert to Grantor.
Dated this 6th day of January, 1989.
MARY GAIL BLACK
JS" ' '84Vu v PAREPage 492 of 717
STATE OF CALIFORNIA )
ss.
COUNTY OF SAN LUIS OBISPO )
A'-1a —3
Pd
On , 1989 before me, the undersigned, a Notary Public in
and for the State, personally appeared MARY GAIL BLACK, personally known
to me or proved to me on the basis of satisfactory evidence to be the
person whose name is subscribed to the within instrument and acknowledged
that she executed the same.
WITNESS my hand and official seal.
2.d ca:d/d P1. dzawu
Notary Public
GERALD W. SHIPSEY
NOTARY PUBLIC
SAN LUIS OBISPO COUNTY .
CALIFORNIA
MY C xnmission Expires on June Z 1989
VuL J 55 PAGE 5Page 493 of 717
C E R T I F I C A'T E O F A C C E P T A N C E
THIS IS TO CERTIFY that the interest in real property conveyed by the
GRANT DEED
dated January 6 19 89 from
MARY GAIL BLACK
to the CITY OF SAN 016 OBISPO; a Political Corporatlon, ie hereby
accepted by the undereigiied officer on bioihjf of the City Council pursuant
to authority conferred by Resolatlon No. 5370 (1884 Series), recorded
June 161 1984, in Volume 2604, Official Records: Page 878, Son Luis Obispo .
County; California, and the Grantee consents to recordation thereof by its
duly authorized officer or his agent.
Date:
ITI,
r . 'K, es City Cl
CITY OF SAN LUIS OBISPO
Aq
on Dunin, Mayor
WL 3355 PAGE 686Page 494 of 717
V .
RESOLUTION NO. 6512 (1988 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ACCEPTING A GIFT OF REAL PROPERTIES LOCATED AT 464 AND
466 DANA STREET, SAN LUIS OBISPO, CALIFORNIA AND
APPROPRIATING NECESSARY FUNDS TO ACCOMPLISH MAINTENANCE
RESPONSIBILITIES FOR THE DURATION OF THE LIFE ESTATE
AS OUTLINED IN GRANT DEED
WHEREAS, Miss Mary Gail Black is desirous of granting to the City of
San Luis Obispo Real Property located at 464 and 466 Dana Street for park
or recreation purposes; and
WHEREAS, Miss Mary Gail Black reserves a Life Estate during the
remainder of her natural life in and to said property and premises; and
WHEREAS, Miss Mary Gail Black requests that the City of San Luis
Obispo assume certain maintenance responsibility for the grounds and
premises as a condition of this grant; and
WHEREAS, the City of San Luis Obispo is desirous of accepting this
grant of Real property and premises for park or recreation purposes; and
WHEREAS, the City of San Luis Obispo accepts certain maintenance
responsibilities as outlined in the Grant Deed, a copy of which is hereto
attached for reference and marked as Exhibit "A ".
NOW, THEREFORE BE IT RESOLVED as follows:
1. The City of San Luis Obispo accepts this most generous grant of
Real properties and premises located at 464 and 466 Dana Street from Miss
Mary Gail Black; and
2. The City of San Luis Obispo agrees,to the conditions of the Grant
t
Deed and appropriates funds in the amount of $7,100 to accomplishing the
required maintenance for Fiscal Year 1988 -89.
c r
R6512
VOL J 55 mt 697
Page 495 of 717
4
Resolution No. 65 (1988 Series) ' 'page 2
3. The City Clerk's Office shall furnish a copy of this Resolution
to: Miss Mary Gail Black, the Director of Recreation and the Director of
Public Works.
On motion of Councilman Settle , seconded by Councilwoman
Rappa and on the following roll call vote,:
AYES: Councilmembers Settle, Rappa, Pinard, Reiss and Mayor Dunin
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 4th day of
October , 1988.
ATTEST
city. C1 k, Pamela Voge
APPROVED:
Qftty-A inistrative Officer
City At ney
D rector of Finance
irector of0i blic Works
of Recreation
VOL 3355 PAGE 68$
END OF DOCUMENT
Page 496 of 717
**x REPRiNT **x
City of San Luis 0bjspo Fjnance
990 Palm $treet
San Luis 0bjspo, CA 93401
(805) 781-7124 r^rww,slocjtY.org
Thank you for your payment.
Have a nice day!
Iuesday Dec 17 ?024 02:31 :]9 Pl',|
Clerk - l,lisc Revenue (CLERKREV)
CITY COUNCIL APPEAL COSTS 2,583 . 48
Total 2,583.49
Check 1 175 2,583 .48
Rcceived From: SAN LUIS OBI$PO PROPERTY
OI||NER$ ASSOCIATIOI,I INC,
Recejpt # : f inance- 17172024-34
Cashien Patrick Koski
Page 497 of 717
OEC I 7 2024
CLERKsLoctw
APPEAL TO THE CITY COUNCIL
Filing Fee
M nppicanVNon-Appticant: $2,589.46
"rI&p
SFCTIOTf 4. APPELLANT INFORMATION
si+Al l,t-ttf fpafd2,ry tr$> BWiwsJ B'wM.leS frSfidlATarN
r- ul L./t I tL,tr !r5t5 r\t'L\ttvrru
Mailing Address and Zp Code
F, tsA42/+5ct//arn scharc-. @ 4o / t(:a/h
Email
Name
^z uilo
.S-rcffi{ote 6 rtlx PA p,Lz{ Pra atoRepresentative's Name [Ze*r(-f4,ift.fsta fs{e/
Mailing Address andZip Code
E,A
'U/rpPhone
o dLlT'G' a-e/, (,r'74TitleEmail
eEr^7rl.l^t r ef ,Ef Ig;FT ,-TE
^OE Ent
1. ln accordance with the procedures set forth in Tifle 1 , Chapter 1.20 of the San Luis ObispoMunicipal Code or Tiile 17, Chapter 12.126 of the Sa n Luis Obispo Municipal Code, I herebyappealthe decision of the:
PLmv*WifyG (rttrfrtl st{Ai' tyu. Wc://)'tcq fr fiaA DANA Sffuo67 9Ln'',jW(Name of Officer,Committee or Commission decision being appealed)
2. The dale the decision being appealed was rendered:,z{;7"//"
3 The annlicalion or nroier:f was entifled
f,:6u'
4. I discussed the matter with the ity staff member:
f;Avt t> A"tl tN l/
following C
l/*as/N>cla oN;tN/rlbF l2kc; 7'4 Ztz+(Staff Member's onName and Department) (sy"yrt,i.NfT N^tbLgffiFN/" (Date)
5. Has this matter
luar "72'F;,i*;ifl|]1:,l/t!,#Hiir-'ppeat? rr so, when was it heard and by whom
Explain specifically w][g!action/s you
"t ":ry":?fing
and vyhv you berieve the councirshould considerI:[:tn:i:T':f E* ffi,Ifl g:",llx;Tpi,t-Jvo,,, appear vou i iv aft ach
"
aa ii iiir-'
SECI'O'V 3, REASO'V FOR APPEAL
Revised and Published 1OlO1lZ4
Page 1 of2
Page 498 of 717
*
f,g
Reaso,4 for Appeal continued t - / \
i i nT^ffi
"ffi ,ry ffi? ffiT *z,rt rWffr, ffiffiffi dtl
uft
i/5
Vor ln ea"u<tp Arv'd /5
,,rD 4Vq orfu
'cb) atf-sizten 4 4
6 lrc il ft
?)
nu (/ *"d has Oo
flw
a/'1
a^sedt*a(
4S
a /6
€sv
^(t
a t
eA
ln a au+.
a/OLscr t
4.
rJrty
City Manager
Department Head
Advisory Body Chairperson. Advisory Body Liaison
City Cterk (originat)
Revised and Published 1OtO1lZ4
tu*/va/ fur*t,ted frt fu fuA,f
or, fl<h
ca.(V
&enco
associated with CityCouncil consideration of an a ppeal, including publib notification , allappeals pertaining to aplanning application or ploject are subject to the following which must accompanythe appealform:$2,583.46
filinq feen
I hereby agree to appear andlor send a repres,entative to appear on my behalf when,s for a public
/2
City Councit. *r*#.rc,it - '' /*A /4 Zel"q
the
-/7 /
ir(,ul iDgiit iu'-e;ii;iu"it aii app{tai uutiie:t wiif} uelliiiii ie_:tFrui-rsiriitnte\r. lI you ile a;l appeat,please understand t!1Ut must be rr'earo within a5 d"vriror riring this form,, except for mattersarising under Title 17 (zoning Regulations) of the san r-ris obispo Municipal code shall begoverned by those chapters. You will be notified in writinj of the exact date your appeat wi1 beheard before the Councit. you or^ yorr iupi"."nLli"i-ryUE" *o."tgd t" "ttrm rhe,pubtichaarinn anrl {^ hr: nranarar{ {n rnaLa .r.r, i. ".ooJ-V^,,-.ffirnnrr i<r ri;i+a;l;;Frninr rroc
A continuance may be granted under certain and unusual circumstances. lf you feel youneed to request a continuan-ce, you must sybmit vou, eqr"st in writing to the city clerk. please beadvised that if your request for iontinuance-is reieived
"ii"i tn9 "pp"i ir noti""o to the public, thecouncil may not be abig to grant the reluest for continuin"" submifting a request for continuancevvvu rrv. vuerstrlvv .rru.,L ,rr;r;,r' ;u vr-rr.--; ,rru, uurrurr ru q. rr-re ui'uururrurr-ur- r.rru'Jr;r, J,ruur)uriri.
t{aV",-l*/,'f"
.:'.''l'1
G$
r4/p/z *
Page 2 otZPage 499 of 717
oave riltc vteiw,oou iviiirtary irienluritrr Lrc;,"rr-Cotn. v. Ciiy..,, i-ru e.rr.a1rgr,cd tuuo...
263 Cal,Rptr. 896
" 215 Cal.App.3d 1003
. l'-nrrrf ^f 4it;rnnt Fnrrrth F)icfricf f)irriqinn ?, Cllifnrnir
SAVE THE WELWOOD MURRAY MEMORIAL
! IBR,A.RY C0IlL4lT'fnF" cic., Plsirrtiff lnd Respondent,
V.
L'ITV CO!]NCI!- OF THE CITY OF PALM
SPR.Ii\CS, ct a1., Defendants ard appeiiants.
No F.005844.
l-
Nov. 16, 1989.
I
As Moditictl Dcc. l, 1989
Synopsis
Nonprofit unincorporated association, which was formed to
stroo p.rirliv iiL,a,.", ilic.i pciiii.r,, i'r,i wrii ul ,,,orr,,l.tu iu
pre\/ent sale of- library properry to developer. The Superior
Court, Riverside County, Noah Ned Jamin, J., entered
judgment directing that writ of mandate issue to compel
city to vacate and set aside participation agreement between
-ir., an.l d.-.,at.'^ar /ritt. 1rFA1'!,..1 Th+ aa!,* .,f A,rn++.lgiiJ ltt/ yn.aiJi. i ;lt i.Ui;:. v. ^ lpFi*i,
McDaniel. J., held that: (l)proposed use of librarv properq
for dining tables, chairs and related equipment and to
provicle opel ai'ea for pcdestiiarr traflic i-iom irearby streets
to commercial development was not consistent with library
n! ! !-nnqes' (r) rvrit di r! n ot im rrerm i ssihlv i ntn rde unon rel etrant
".aciurinistraiive bodies'discretion as io use ofiibrary prqperiy;
and (3) declaratory and injunctive portions ofjudgment, with
.,;',. .'.,,1; G,..,ci,,*,.,^.,, 1,,,..,11., i,,..ri fi.-,I\/rr! rrrwurrr!4rrvl(r rv!rL rL5(trrJ Jgirrlruu,
Moclified and afi]rmecl
Procedural Posture(s): On Appeal
West Headnotes (9)
Ill lVlandarnus Decisions reviewable and
proller iprrdg 6f 1e1rierry
' Appeal does not lie from peremptory writ of
mandate
Applicable t?st f,-.r determining ivhether
proposed use of property, which was deeded
to city fbr use as library was permissible
*as u'hether proposed use u'ou!d "dirr,'ctlv
contribute" tb the dedicated purpose, not whether
prooosed use was "consistent" with the dedicated
pirrpose; where grant deed is for specified,
limited and definite purpose, subject of the grant
cannot be used fbr another and dilferent Duroose.
4 Cases that cite this headnote
t3l Covenants Nature and operation in general
Proposcd iisc of proltcit;' for iliiting tablcs, chairs
alld related equipnrent and to provide, open
area for pedertria.n i.rffic fi'orn neirrh)/ streeis
to commercial development was not consistent
with library purposes and, thus, proposed use
was not perrnissiblc fbr property, which was
deeded to city tbr use as library; proposed
use did not directlv facilitate the acquisitjon,
retention, storage and use ofbooks, manuscripts
and similar materials,
i4l Mandamus Pubi/c buildines and other
property
Writ of mandate compelling city to vacate and
set aside particii;ation agrecnlent rvith cleveltper.
conceming use of property deeded to city for
rrse as lihrarv did not inrpermissiblv intnrde rrpon
""relevant administrative bodies' discretion as to
use of the property; language of writ.did not
prevent eig frorn removing sections of library,
from conveying easenrents or other legal rights
over the propertv or from otherwise undertaking
any acts necessary for library purposes, but
ratheq merely commanded city not to undertake
any actrons rt' theywere done pnmanly tor
nonlibrary puipose oi if they inteifered witlr
library use.
1 Case that cites this headnote
&Iandaruus Judgnrentor-clrder
Writ of mandate. which'compelled citv to
vacate and set aside participation agreementwith
developer regarding use of property deeded to
i21 Cuvciianis },iai.ui'e aiid opelatiun iu gerer.ai
lsl
Page 500 of 717
263 Cal.Rptr. 896
;iiy"i'.,' ucu cJ liLrai j l;..1 i; 5;,,i+.lij'l,..1 i. i .l.'f-:.i.j
city right to pursue temporary ,.interferences,'
with librarv use when temporary interference is
done primarily for library use.
t6l Dedication,.- Misuser or diversion
Puhlic tnrst is cieeted 'r.r.hen propert5,is helrl hy
public entity for benefit ofgeneral public.
I f'rt-e tlrqt nites fhic h-xrln1,r1o
i?l "Dedic,rtio$ h{isuser or di",crsion
Any attempt to divert use of property, which
1i,as ileeded ro cig io be used by cig for
benefit of general public as public library, trom
its dedicated purposes or uses incidental tiereto
rv.iuld ccirst,tutc uliia i,iies ail.
2 Cases that cire this headnote
l8l Injunction .-" Covenants as to Use of
Flopcii;;
fniunction Sale. lease. or other disposition
Iniunction would not lie to nrevent aitv fronr
making express legislative determination that it
would be in best interests of city and its citizens
ro cease using property, which was deeded to
city fbr use as library. for library purposes.ancl
io aiiow property to reveri to gr.aniors' heirs,
however, injunction would lie to enjoin city from
undertaking acts which would constitute breacfr
or"lhe corrdit.iots arrd sovsnauts irllire deed, even
ifthe acts were authorized as part oflegislative
ilecisiiin, whel lhose acts'"votilc! result in loss of
propefty held fbr public benefit withour express
legislative determination that loss of the properry
wal in ths public's best inteiests
2 Cases that cite this headnote
I9l Mandamus .. Costs
Nonpro-tri unincorporateci associa{<ln, which
was formed to save public library and whieh
iiieti pei.ition fol rvi-ii cij'manilate to pr-event sale
of library property to developer, was entitled
to attomey fee award and to further award
ri' itc; ,ll;' .1r1'r,;.. ,f j*..lglriii. wii npliuul,
after judgment, which directed that writ of
mandate issue to compel city to vacate and
set aside amended participation agreement with
developeq was affirmed. West's Ann.Cal.C.C.F.
is !02!5
,{ttornevs anctr Law Firnrs
*1005 **897 Oliver, Stoever, Barr & Einboden, Thomas
\&'. Stoevei aiid William J. .d,janis, City Atty., for respoiidciiis
and appellants.
I.,-,i r\ f',-n-I^il t.,,.,,^+iri,.-^- ^-,{ ,.^^*.^^.1^-+-.J,,' -. ."; i..._....r...;;;;; ;;;j..i jljji.:it,a,_:i).,,.
Opinion
*1006 McDANTEL, Associate Justice.
'rl-^ f':{-, /-'^.,.-^:l -f rl^^ t\:a., .,{.D^t,.. C^-:..,",. +^,,.^+1..._,,.:+l-:::r. \.rsj (,: .iiu i.:i; Ci j,ii;;,-.; Jpi;i;gi;, .vo!1,,!, r:,!r:
the City of Palm Springs (collectively referred to as City),
has appealed from a.iudgment directingthat a writ of rnandate
issue to compel City to vacate and set aside the Second
Amended Parlicipation Agreeurent (the Seconcl Agreenient)
lretu'een Cifv and \I,/eqqmRn l)evelonrnenf f.Ompanr, {the
developer). Such judgment declared that City could not take
. certain actions related to City-owned real property on which
a public library is located, and it f'urther enjoined City and its
agents and employees fronr undertaking such actions in the
lirture. , 'r
FACTS
'l'he Citv of'Palm Springs owns certain rcal firoper-tv wrthin
its corporate limits on the southeast corner of Tahquitz Way
and South Palm Canyon Drive. This property, which will
be ref'ened to as "the Library property," is the site of the
Welwood Murav Memorial Librarv.
The Library Properfy was acquired by City by trvo grant
deeds. The first deed, executed in 193g by George Welwood
Nlurray and lviay i). N,furray, providcd in reievanr part thar.
"NCW this convey-arrce is i:railc upon thc cxplcss agrecrncnts
and conditions herein contained:
Page 501 of 717
.q,-i
Save the \de!.,vcod lVlurray Memoria! !_ShraryrConr. v. City..., ?1S Cal.App.3d .!003"..
263 Cal.Rptr. 896
"(1) The Grantee agrees that if this conveyance is made
it will, either directly or through the palm Springs Library
A;so;iiiiioii, aii;iiiiai; aii,.i.ft;;'c;'u; ;;;t;i,ii,,ti;; iir' ,niii-ii Sp;.i;;g;
Free Puhlic Lihrury uhcl;e menlioned i.n and on futilclings
v,hich crc not4' or may be hereafter placed on lhe property
herehy conyeyed ano will to that **898 end itself expenci,
or in the alternative furnish for expendiurre by said Library
1.."sor!et!+r fhc sr:n! nf lt!ri:st Ti','.t T!:cr-:sand dn!l:rrs in r:rch
year beginning, with the year 1940,'and tirat until the year i940
at least Two Thousand dollars each year will be expended for
iltc rnainteimrrcc r.ri saitl Libiary by saitl l-ibrary Associatiot,
or said City of Palm Springs. i
Thereafter, a building for use as a public library was
ciil;in;ci;il uil 'ilic L;bi;,t-y Fi-rpciiy. .iii,j iliai i;i;ildiii5
contin'res to erist to this clay as a prrhlic lihrary
In l)ecembel 1986, City and its itedevelopment Agency
entered' into an agreement with Wessman Construction
lli::;:an;' (thr :!t.c!cprr), .r'hic!.r :tgl-rc1nent :...i'!! . hr
ret'ered to as the Amencied and Restated partrcipation
Agreement. The Amended and Restated participation
z\gieeriieiiL plu'vide.i iliai. dre clevcluper was to pil.oliase
the Library Property from City and make it part of the
commercial develonment surronndins the Librarv pr-opertv-
wldcir oontureruial cievciopureni i.he deveioper was io
rehabilitate as part of a plan of redevelopment. Under this
ilgreeinent, the famous (at leest locelly) restaiirsnt, Lculse's
Pantry was to be relocated "to the library" thereby providing
a larger opening in fiont of the plaza Theatre. which was
ultimately to be l'errrodeled as; a shopping arcilcle.
Thereaffer, the Save the \Arehvood Murray Menrorinl l..ibrrary
Committee, a nonprofit unincorporated association formed
for a self-explanatory purpose (the Cornmittee), filed a
petition tbr a writ r"rf'rnandare (Case No 5 I 176) to prevent the
sale ot'the Library Proper"ty to the developer. A hearing on
this petition was scheduled fgr October 2. lggl..
*1008 On September 8; t991, the City Council adopted
'ir:lhl:r':g !egit!:rt!cr rc!:rt:d tl 1!.ie c.:1.,.*;,nnt:f tlrc I.ihr:i,
Propel'tv rn accordance wrttr the Arnended and Restated
Participation Agreement. The Cornmittee promptly began
collectirig'$igiratures on lelereuduru peliiiuus to iequire rhc
enabliirg legislation be put to a vote of the electors. Under
Election Code sections relatins to ref'erenda. the Committee
irad i0 days wiiirin which io gather i.he lleccs$ary sigrratuics,
or until October 8, 1987, six days afterthe scheduled hearing
cn its petiticn for a rvril ol'mandate.
Because City had taken the position that the enabling
legislation is not subject tc ref'erendunr, the
Committee feared that City would contend that it would be
flee to sell the I-ibrary property if it were srrccessfi,rl at the
October 2, 1987 hearing even though the 30 day period for
collecting signatures had not-yet expired. The Committee
therefore filed a second action (Case No 51525. refet.recl to
herealter as the second action) in which it sought a remporary
restraining order against the salb, based upon authorities
related to referenda and on the fact that it believed the matter
"(2) iirat tire brrildiugs isicj oi builtlings upon the said pioi oi
land hereby conveyed and the Library thereon contained sirall
f'otei'er be designated ancl knclrt es the '$/elwoor! L4r:na1,
Memorial Libraryl and shall bear a clearly legible inscription
upon a bronze tablet or otherwise to that efl'ect.
"ln case an)a agreement on condition of this deed shall be
viola.terJ or shall fail to he ohserved and fulfillecl by the
Grantee and the same shall continue *1007 in default for
the space of three months, this deed and the conveyance
thereh,v rnade slrall lle voicl arrd of no ell.eci ancl all title to tlre
property and nghts hereby conveyed shall instantiy reveft to
the Grantoi George Welwood Murray, his heirs and hssigns.,,
Thereafteq the question ofthe acceptance ofthis deed and the
l::crr:t!.lr i.f ::l lgrii:::rnt b;, C!ft. tc fec!!it:rtc tht clryi::g-
out of the deed's conditions was submittecl to, alrl upprou",l
by, the qualified electors of City.
The second deed, executed in 1940 by Cornelia B. Wlrite,
nrovided. in relerzant naft:
"This conveyance is made upon the condition that the said
City of'PALh4 SPRINGS either Cireclly or through the palil
Springs Library Association, establish within two years from
and after the date herein. a free public library in buildings to be
erected upon that certain real pr.operty situete at the Southeasi
comer of Palm Canyon Drive and Tahquitz Drive, measuring
80 feet North ancl South by 100 feet East and West" of which
{he parcel herein granted is a part. In case the said condition
of this deed is breached by the City of palm Springs, ancl
such breach continrre for a continuorrs periocl of ninety clays,
then the conveyance hereby made shall be and become void
and ofno effect, and all title to the property and rights herein
described, shall instantly revert to the grantor, her heirs or
assigns."'
Page 502 of 717
263 Cal.Rptr. 896
r l- l. r ... .. f..- --t. -..1 rt_..,. ,l .,.1- .t .-.!.r t.lW U! SUUJ!vi lV i9iVi!tiuuiit OilU !tIr!a aii! COiU OitWUig Vi
reStrained until the referendum process had been completed.
On September 29, 1987, the trial court in the second action
issued a te[lporary res[aining order enjoining the sale oi
the'l-'it r:1"., P!'1rer1\, Lrnt!! thr referendln tra,ie:s cl':!d.1:e""' j ' "i -' -J -'.
completed. Thereafteq the City Council repeiled the enabling
legislation when it became apparent that the referendum
petitions iracj'been signed by enough voters to require an
election.
In due course, a hearing was held'on the petition for a writ of
mandate, and the trial court took the matter under submission.
'i'lre Cornrniitee then filed a nroritin in both actions seeking
attorneys' fees under the private attorney general doctrine
piir-ritiarrt to Code of Civil Proceelur"e ser:tion l0?l .5
While the trial court still had the petition under submission,
ilic Coriiinittec tealncd that City llacl entered into a ,.jii,ir.rrir1
Amended and Restated Participation Agreement', under
which the Cityviould not sellthe I.ihrarv Properfv. huf instead
wouici laze pait ot dre iibrary 'uuiiciing, open up arr encioseci
rear patio area then used to house books and provide space for
library latron$ (rvhich area facerJ the proposed commercial
development) and grant the developer an easement over the
exterior por-tions ot the l,ibrarv propertv tbr the pumose of
,,1;;illg .l"iii;g i;Ll'o, l;;;trl',,;, !quip;;,Lili, aii.l .lirr;l"il;c
items.
'lhe Committee weni back to court and tnoved to reopen the
first action for the purpose of filing a supplemental .petition
reiitieci to tlris Second - -"-' Asr{ienrent, whicit agreerncni
it also believed to be contrary to the pulpose for whid the
Library Property had been granted to City. pursuant to a
stipulation between the palties, the rnatter was rcopened, a
supplemental petition was filed, and the issues raised by the
Seconil ,\grcciiient '"vcri, lrriefeit anel argued by coirnsel.
Thereafter, the trial court announced its intention tq enter
judgurent in lavcl ol tltii Cclnnrittee as to its petiticn firr a
writ of mandate, and also announced its intention to award
tlre Committee its attornerys'fees in hoth actions Counse! for
.rire Comrnirree prepared anri sui:mineci a proposeo jurjgmenr,
and City responded by filing objections to the judgm'ent as
ltr"opo,sed .
, u
tJet'ore the triai court could sign and fjle the judgment,
i,i;c C''i'ii;iii'" 1i.,,;;"1 ili;i Citi' ?tiir iii ilic pl-ori,;s ol
preparing a draft of a proposed"'I'hird Amended and Restated
I';;i,',piiii'i A5,'vviiiuiii," *i n cll ;; ; tl,*f i. .i' a si;lT , rpoi i
and proposed resolutions for action by the City Council
and redevelopment agencv related to the proposed third
parti ci pati on agreement. The Third Participati on Agreem ent
provided for the granting of an easernent to the developer
{r..'er th? I.iL'r:ri' Pllpe{,, 1i'r an), Ir,_rml)r:e re!ate,l to the
adjoining comrnercial development, inciuding the placement
of dining tables, chairs and related equipment, the remodeling
o1' the Library Property irr accordance with .plans ancl
specifications to be aoproved bv City at some later date.
anti tire r-azing oi' approximately toLrr i'eei ol' i.ire iibrary
building's southern side. The proposed Third participation
Agreenrent also required City to appeal the then-as-yet-
unentere<i judgment in the (lommirtee's proceeciing {br a wrir
of mandate.
Baseci on the existence of'this proposed 'Ihird participation
Agreement, the Committee again went back to court and
cbtainerl an oider iri shor.l causc and tcinpoi.rr.y restraining
order which enjoined and restrained the Ciry ahd its agents,
ofrcers, seryants and tepr-esenfatives from.
"1. entering into and executing a Proposed Third Amended
and Resfated Rede.relopment Participation Agreement {the
'Proposed Third Amended Agreement') substantially in the
tbrm of that which was **900 available to the ptrblic at the
.111'c il;l;' rifi-cl;ili tiili.; City .l'lol;i^ Sp,iiig; ol .4.pii.l
4, 1988, a copy ofwhich is attached hereto, or
"2. from entering any agreement which otherwise provides
ibr:
(ri ule graniutg oi 4n easenlerrl. ovel exl.erior portiurrs or ure
parcels on which the Welwood Murray Memorial Library
is situated {the 'Library Property'), oL; (ii) the renova! cf
any portion ofthe structure known as the Welwood Murray
Memorial Library, or: (iii) the requirement by contractual
rweu prvrisrv.. Lj.^aL ilc Ciiy .ri-r1,'v.ri i.iro jujgurcrii iri i.Lir
action, not yet signed or entered. Provided, however, this
order shall not prevent the persons sought to be restrained
hereby from entering into the Proposed Third Amended
and R estated R.edevelopment Participation Agreemeni . .. if
i1 c11rl.lirq c,.1.o+. nti al lv rh - {lrt l,,rvin." I oncr'r, ra.". ..-.{, . i,.:!;t, ;;.5 :,i;:dl;ri6r.
The order then stated that the Third Participation Agreement
could be signed ifit contained language acknowledging the
existcnce of the then-pending proceeding for a pctition for a
u'rit of rnandate. and that in the event the tjnal disposition
of that lawsuit allowed City to modify the Library property
as it and the developer desired, it could do so, but that
Page 503 of 717
Saove the !&elryoed isurray Me*oolu$ [-inra-qy.Gom. v. G!gr..., Zf S Cal.App.Sd .10CI3.-.
263 Cal.Rptr. 896
otherwise the developer would not terminate the participatiou
agreement.
On .lune l. 1988. jud_ument was entered in the first action
in fhvor of the Commiuee. The judgment ordered that a
persmptoly wrir of uraldaie issue comuianding Ciry to vacare
and set aside the Second Agreement insofar as that agreement
relafed fo fhe I ihra1", Pr-oper-fv The irrdgrngnt rlsn pulninpd
,, i-; -.City tiom undcnaking, anci deciardci that it was without power
to underlake, the fbllowing acts:
DISCI]SSION
I)<te.; ,!iii Ai;isetii Li' i:'t'urn ti !'c,.atipitiy lil.ii aJ'hf"tti"tuit'?
tU We first note that an appeal does not lie from a
perempforv vu'rit of manclate We theref'ore constn.te the noiice
of appeal to be tiom the judgrnent of'June I, 1988, which
directed that the writ issUe. (Kcu.rell v. Wut,;ort (1953) ll6
Cal.App.2d 7 69,'172-7 73, 254 P.zd 651.)
,rLii too oiien counsei iaii ro ctlnsicier rvhether rhe acijudicatir_rn
from which they have appealed (an order, a ruling, or
decree) **901 is, in laq appealable. Califomia Rules
of Court, rule 13 has been amended to require, eilbctive
July 1, 1989, that an appellant's opening brief contain a
-::t--.- 4!.-r .1-- - -.^-! :_, -_t--.. t,__._- - :.._!..--.-.-.rrcrlrrrwul urrrr!r rrr(rL rrrv <ryptoi iS iaiiiii ii0i-ri c jijlisiiiviif
which tinally disposes r:f all issues hetween the parties to the
appeal or a statement explaining why'the order or judgment
appealed fiom is othelwise appealabie. l'his later statement,
presumably, would contain some citation to authority for the
pi"cpl:ililr,l i!:tt t!:t nrdc:'rr" ;L:i!gr_.rnt is :rp1e:r!lh!e,
While this rule may have.some salutary effect on the number
uf defuciive apipeals r.vhirh re/rch ihe Couli ulAppeal, il is iiur
view that it would be even more effective to require that all
-notircs of onneol contain such a statement. R-eouiring such a
siaicruerri ai ihe earliest i:ossibie siage ol'ihe appcllatc process
would prevent the preparation ofunnecessary records and, if
ccr:nsel preparec! the nctice of appeal someryhat ahead of its
final du6 date, it might also prevent counsel from mistakenly
failing to file a timely notice of appeal from the order or
.judgurent rvhich is actually appeiilable.
We lherefttre ,\rtgllLst, lbr .futu.re onplit:alion. irnmediol<tlt,
upon learning of an aditrdication, ruling, order, judgment
or sintilar item which is cctntrary to the relief requested or
no,siliorr tt,t,serled hv cotntscl. lhal <ttttnsel prontptl.l, lr.tru.\c
t.'ode. of' (.ivil l,rocedure sectiorts 9()l et ,seq., r,olurne g of'
Wtkitt on California Pwcedure , andttr ctny statutrtr.y schenrc
related to the area oJ' practice involved lsuch as CEOA
or admini,ctrative mandamus) ta determine: (l) whether
+1,,., ..,.l;-...!:,....,/;..,,., ,,,,t;-,.. ...,,...1..* ;,t..1._',.,tt! ._. ,.i_-..,i1._.. ;t.,,,, :,.'..ar, r !,r.,,,6, .,ri;Jr,./it!j;i;;a';I; ,;;' ..;i,,,,...i; ;;a.;,; ;;,
"ruLz (tppealable and. (2) withitr how much time nru,st the
notice oJ'appeal be .filed. We .further suggest, alter havtug
iione sttch research, ti,ul courtsel itrcorporale ir in the notice oJ'
appeal by specifcally asserting that the adjudication, ruling,
"(i) razing a portion of the building located on the Library
Property consisting of approximately the easterly 32 feet
th*reafl (ii) rer:Tc.,.ing t\-,'o eurlLasecl r.ar areas of the library
building known as porches; (iii) razing a portion of the
building on the Library Propertv consistins of approxirnately
the southerly 4 feet, 4 inches thereof, (iv) conveying an
easement or any other legal right overthe exterior porlions of
the l-ibrarv Fropertv. including areas of the rear patio of the
Library Ploperty which have heretofore been enclosed, and;
(v) arry other act done primarily for a non-library use orwhiclr
otherwise interferes with library use on the Library property.
This judgrnent is not intended to prevent an opening of the
rear area ot tlre l-lhrary Properfy" bv removing existing f"encln*e
pior,"ided thal no coniurerciai activity or other norr-library use
shall be permitted or allowed by respondents on the Library
Property."
l"iru iriai uuurr niso awarricti iirc Currrrrriiicc aiiurncys' i'ccs.
purslrant to Code cf Cii,il Procedure section t02l 5.
On August 12, 1988, City tiled its notice of appeai tiom ..the
Perernptory Writ of Mandate entered on July 12, l98U' It
,-.. -1..,.. +1.... C.,ll.. -. .:.-.., ...-.- :.,.,,,., .,..+- ..-C.,.--..-.,v,rrb .LrJiO.:rrrv^^rr !;r Urr Ji.
(1) the proposed use of the Library Property is consistent with
library uses;
(?'! nssnmino ar-.rrendo fhnf fhe nrnpngefl rrse nf the Tihran:
Propeny is a breach of the pubiic trust, the writ intrude! upon
the library's adrninistration's discretion;
'r I Otl 3 ) the inj unctive relief here afforded is inappropriate;
(4) the declaratorn relief portion of the judgment is an abuse
tli'discre[ion; anrl , .
(5) the court erred by awarding attorneys' fees pursuant to
Code of Civil Procedure section 1021 5
Page 504 of 717
Q: ,l
263 Cal.Rptr. 896
uiu!";;.ji,"!5;;,"iii' Lti .i!iiiillt iic;ii. i: ijlj;eL;:t:it!c ri;;r/ 17 r;j;;;5
the authority which supports sxtch assertion.
We turn now to the issues raised by City
Is the Proposed Use of the Library Property
( l;i ;.t i.y I t t t t i ;' i t lt !. i b rttt.i: p t t rpt t:; t s ?
i2i Accorcling to City, the proposed use of the Library
P:"rert,.' ltr.i r!i.i-,, t,,hloc nLri.e. n,r.l ralora.{ aztrinnront...i,"..j D 1rt,_..\,!i- \.,"!r..!,, 1..,'i ;!:1ti,1::-. uaii;ii_;r;:;:i;t,
and to provide an open area for Bedestrian traffrc from the
nearby streets to the commercial developmeqt) is consistent
with library purposes and in f-act will contribute to the use of
the. property for. such pLrrposes. Hov/ever, the applicable test is
not whether a prcposed use is "consistent" r.vith the declicatecl
purpose, or whether it will "contribute" to such purpose, but
whether the proposed use will *directly contribute" to the
dedicated purpose.
The iaw is clear rhar ''w-here a gramt deed is fbr a specified,
limited and definite purpose, the subject of the grant cannot
be used for another and different purpose. [Citations.],'
i I lo b e rts v. diry rry' I) ul os l'e ni e s i',s tctrcs ( i !.i9; 93 Cai. App. 2d
545, 547,209 P.zd 7 .)
lnRoberts, the city ofPalos Verdes had acquired certain land
which had been deeded to the city on the condition that it be
i.ised c;rclusively for" paih pui'poses. The dccrt pruvided tliat
no buildings were to be erected on the properfy except those
.,r,hich the park department might detetmine 1arg1s ,.prieps1l1,
rnoldenlal t0 tile !:onvenlent and/or proper use 0t saici reaity
for park purposes." (1d., atp. 546,2OgP.2d j.) p
'I'he city began consrruction on ihe property of buiidings to
house city-owned trucks and vehicles used fbr improvernent
and rnainienance oi pnrk propeny. 'l'he city acimitteci thai
some of these vehicles were also used for the maintenance
of other city property. Plaintiff sued for injunctive relief to
srop the cortiiiruoiiofl, aileging rhat it vitilated the r.esiriodons
in ihe deed. The trial couft entered judgment to the effect
ilriit the eity coLrld const!'iiot buildir:gs on the property onli,
if tbey were used to house vehicles anci equipment used
exclusively forthe care, maintenance andupkeep ofany city
., ,. -l. ^,.,,,. ...a. .Ir.rr h pl vplr L). -
"
Plaintiff and deferdant cifyboth appealed from thisjuclgment
i:'iaurdn'contelitcii tire city sirouici'ot be aiiowcci [u c''slr.uu[
any buildings; the *1013 cit;i contended **902 it should
Lu iillr,i -.1 i; li.;;c v;l,icl.; ;l;J cqi;ipiiicrii i;i ;.;li bu,l.liii5,
even if the vehicles and equipment were also used to maintain
other city propefi in addition to the city parks.
The reviewing oourt reversed, holding that the city was
in ocsanlc qftetrnfirrry tl :f.ld the fylfd ..!nf,!if"eft!.,," tO the-... - --_I,-. -.D i::lj::
deed's restrictive provisions, i.e., that the city was arguing,
if" structures or concessions were indirectly ',incidental. to
the convenient and/or proper use of said realty for park
purposcs," that such structurcs tvould not be in violation ofthe
deed restrictions. 'lhe aonellate court refirsed to read the worci
"indirectly" into the deed. "Obviously such contention cannot
be upheld. Courts have guarded zealously the restrictive
covenants in donations of properly tbr pubiic use as the
lbresoinq oited decisions will reveal. Such an effort on the
pari oi a rnunioipaiiiy ii.sr-r0cessiul rnay be but the opcning
wedge and, as stated in . Ketly v.'lbwn of Hayward, supra,
[ (1923) 192 Cal.242,219P. i491, 'some future board might
claim that under their discretion a corporation yard and rock-
pile fbr the employ'rnent of prisoners,'and other vcry uscfiil
ad-irrncts to the adnrinistrafion of the econonric atlhirs of the
town, might be located thereupon, until the entire space was
fully so occupied.
"What a *it;r council or board of tnrstees would like to clo
unciel'rvhatevel gtiise it urav,be proposed is nol the tesl as lo
the validity of the proposal. The terms of the deed alone are
controlling.
"Unless the buildings directlv contribute to the use and
enjuyrrrerri..of tire pr'operiy iu cluestion lol p:rrk purposus,
there exi'sts a violation of the restrictions..' (/d., at p. 54g, 209
P.zd 1.)
The appellate court then held that the judgment thus went
beyond the lestrictions in the dced when it purported to give
the citv the risht to house eouiDment and vehicles to be used
for park purposes other than for tire purposes ofthe particular
park dedicated and described in the deed. It reversed the
judgment and remanded the matter tbr retrial on the sole issue
of whether the buildings would be necessary ancl appropriate.
and irenoe "incidental to the colrvenient arrci/or proper use of
said realty for park purposes," with ..park, understood to
mean the park described in the deed.
The holding in Robertswas expan{ed upon in the more recent
r::Se Of ''Riq. (rr. I>y111trtvi2r. v. l.|nlt /1q76\ A? CAI Anf, -ld
99, 132 Cal.Rptr. 835. In that case, Big Sur properries filed a
Page 505 of 717
$ave the W'e0wood Mur.ray Memoc'ial [-lbrary.eou.n. v. Clfyr..., 2.!5 eal.Aglp.gd n009...
263 Cal.Rpir. 896
petition tbr a writ ot mandate to compei the State Department
of'4arks and Recreation to consider its application for an
co.-sr; .:ar:rir i.^. svrnrr..'l * r.nerl o.-r.,,.cr T:,1;^ p,,e.a IrF-iff.- er^r^
._A.e.-^v. i_!.:a
Park tcl Big Sur Properties'private propertv. 'l'he Department
had ref'used to consider *1014 the application because of
resilictious ouruairted iir rhe dceii by wiriuh i{elen Hoopel
Brown had granted the park property to the,state:
given to the consequences that wrll tlow tiom 4 particuiar
interpretation.' fCitation.] Clearly, the consequences of the
:i:p!:::ii:t cl :r:ii::: 5Cl?.5, eld ctlrer iin:i!s:" :.egLrlat!ln:
iwhich Big Sur Properties had arguetl must overricie
restrictive dedicatibnsl, to defeat the public trust doctrine
wouici result in a policy ciiscouraging sucir gills to dre staic
for park purposes. Such an unwise intended result is not to
he readilv implied r.r.rfiq1s pn61fier eonsfnrc:tion is nossible
flCitation.]" ' (1d., at p. 105, 132 Cal.Rptr. 835.) '
l3l Here, City applies these principles to the ibcts extant
and concludes that "it is apparent that the proposed use of
iiic I.ibiail Piol;ciiy ijiiisuatii '''r^!' i - ilic io,-ii;ipriiio,r
Agreemenl is in fact 'reasonahly incidental, to the main
object of the dedication and does 'directly contribute to the
use anci enjoyment of ttre deoicated property.' lCitatrons.j,,
According to Cify, this direct contribution to library purposes
i" ch+,'-n hr. *!rn fan+ fhcf / !_) t!,f i.rrn^m^n+ nrn,,i.lnc f.n.i : I i::! j:6,!t t:: J:::
"'substantial improvements" to the library builcting: (2) rhe
proposed alterations "would dramaticaily increase the flow
t-r.f pedcsilirrn l:raffro ur<iurirl thc iiil.aiy" (our cnrphasis); (.1)
the development would entirely remodel .,the open space area
which is now enclosed- undenrtilized and is in a cletenor-ated
oontiiti<.rn," (this "open spaue arca" consists ol two roonrs
lined with bookshelves filled with books and usecl by library
patrons); and (4) the agreenreirt pro','icles far the..ir.rstallaticr:
of decorative paving, benches, tables, fountains, trees and
planters," which "would greatly improve and aestheticallv'errhltncc
thc patio al'ca of fhc library."
Wehster's .Third New International Dictionar_v, copyright
196l,..defines a library as "a room, a section or series of
sections of a building, or a building itself given.overto books,
nranuscripts, rnr.rsical seores, or other literarri ar rl somefintes
afistic materials 1as paintings or musicai recordings) usu.
kept in some convenient order for use but not for sale. .. .,' (/r/.,
at p. 1304, col. a.) lt is thus apparent, in order to meet the
rule set out in Roberts, Big Sur properties and similar
cases, that a prnlloserl use nllst direcll.t' ttutlrihulc to the trse
and enjoyment of tire property lbr libr-ary purposes: e.g., the
proposed use must directlv facilitate the acqui sition, retention,
storage and use of books, manuscripts and similar materials.
The use proposed by City in no way directly contributes to
these pur;:oses, anci, actuaiiy, in-ar ieasr one way, is antithedcai
to sr:ch purposes, forthe prcposed use *'ould destroy parts of
the building where books are stored and used.
'iire deeri iiom iieien Flooper iln:wn provicied, in relevant
l
par1, " Said real property shall be used in perpetuity as a public
prirk aud f clr tl! lalr{'ul uses illcidetrta! theretc, ex-cept thcsc
uses, whether or not incidental tbereto, which are expressly
nrohibited bv the terms, covenants and conditions hereinafler
sct tbrth." Thc icsti'iction giving i:isc to tlrc action providcd
"Noti.vithstanding the provisions of Public Resources Code
Ser:tion 500:1 5" cr any gerrnane amendnrent thereof or sinrilar-
statute, no private right of way for vehicular tavel or for
the purpose of tiansporting, hauling or conveying timber,
!ogs, tanbark or anrv- other 1:rt'rcluct produced b1- logiling
operati<lns op privately-owned land shall ever be granted to
anv person, finn or corporation upon or actoss anv portion
of the property.... This provision shall not impair or affect
Grantee's authority under said Section 5003.5 to provide
nreans of ingress to and egr-ess fronr saicl real property to
provide ready access thereto by the public " (1d., at p. 102,
I -32 Cll.Rptr. 8i 5, fir. cnritteC.r'
The trial court refused to issue the writ, and Big Sur properties
appealed. The allpellatc courl aflluted, hulding that the public
tnlst upon which the state holds such dedicated land prohibits
.ntivate access **903 rights<rf-wa,v when the properryr is
dedicated exclusively to public park purposes.
F
Qrroting the /lobtl1,s case a$ it involve{ the requirement
that a proposed use musl threctly contribute to the use and
enjoyment of the property for the purposes for which the
properfy was dedicated, : Big Sur Properties noted, in
determining what is "a park purpose[,] we do not look to the
tvpe of sfrrrctrtre erecfe<1, brrt rather, to the use ofthat stritctrrre
in relation to the park. it seems fundamentai that a right-or'-
way for prirrate access across park land to private properfv
beyond the borders ofthe park cannot possibly be incidental
to its use as a public park." (1d., at p. 104. 132 Cal.Rptr.
Q:< \
\).) J. ,
Ihe , Btg Strr Prcperues court aiso baseci its attrmance
of the judgment denying the writ on another basis:
"Ir:iith^f 'rrfinrn rrrr4afninfrr 4,.,,icfc rancir{nrqfinn nrnrr hna,a: !- 1.:,_..,,: i,- .. :qt..t:j "Jj : : : :<ij,,,...--
Page 506 of 717
263 Cal.Rptr.896
I'i a.1.1'il";', tl;c p; 'p.-;;.1 u;;;; ;.1;i'ici;sli. d*;ig;iJ i",, c;il;a;;;c
thduses to which the developer intends to put the surrounding
<nntmercial properfy. namely, to enhance the use of such
property as restaurants and retail businesses by providing
pleasant hreas iu which to walk, eat and converse. and by
in.'rbricin,' lhc fl6.r, nf rrorJncfrirn tfAflC f fn,_rnd t!:e !:hf:n., lld'_--'-"" "'o
into the "foot traJfic" area of the restaurants 6nd retail stores.
It is a matter of common knowledge, and one not reasonably
sublect to dispute, that such activiiies, agreeabie as they may
be, do not ciirectlv contribute to the use of the materials
lbuncl in librirries, and that irr iacl such aciivities are usualiy
considered incompatible with libmry purposes because they
are distracting (conversing) or potentially iarmful to the
boi;ks i"ri' i i brary I'urnishi ngs (eating). Perhaps * *904 impl ici t
in the plan to"open up the courtyard area is the idea that
library piltrons will be iible to sit o,.rtside and enjoy the
beautiiieci surroundings. However, there is no evicience in the
record before us that *101.6 such increased enjoyment will
contdbiitc, cithei dilecili' cr indirectli', to the use of the !ibr.ary
or its contents.
Filaiiy, anci pcriraps urosi noLairiy, rhe piarr to gratlr ilc
developer an easement over the Library property for the uses
or.rtlined in the r,'ariols participation agreements. if execLrterj,
obviously would effectively bar the use of the subservient
tenement tbr the construction of adclitional library wings or
i;.r,i; sl;.;i;lJ il;cy b; i-rcc,ird. S*cli a icsiili is clc;il1. i;i
violation ofthe restriction contained in the 1938 Murray deed,
which required Citv to "forever maintain" the library ..in and
on buildings which are now or nxcty be hereafierplaced on the
Froperl-y. " (Erripirasi s addctl. )
&
l)o;:s !!tt lNf it !nt1te rmi.r.sibli.!tttrutlt LIpa* tht
Releyant Admini strative Bodies' Di.ccretion
ng lo lhe (rsa of tl,le I.ihrqry Propertl,Z
l4l City contends that the language of the writ is too
broad, and that it prevents City orthe relevant agencies from
exercising their discretion as to the best use of the Library
Plopertl, for !ibrar1, purposes, Not so. The ianguage of the
writ does not prevent Cifi ticxrr removing sections of the
library from conveying easements.or other legal rights over
the Library Property or from otherwise undertaking any acts
nece,s.sary.fbr library purposcs, it merely conrmands City not
to rindertake anv such actions if they are done primarilf for a
nr-rniibrary purpose or ilthey inreriere rvith iibrary use.
lSj IIo;"',;i, ili; l;si pl^;.lsl ;!' ilio paiag-;pli ;;;;;plaiii;ri
oi "(v) any other act done primarily for a non-library
use o/ u,hich otherwise interferes \uith librer.v lrse on the
Library Property" (emphasis added), is arguably ambiguous,
in tltat certain acts, for exampie remodelirrg, may be done
nrinroril., f-nr e '(lih.on., rrqa " qnd rrcf nnnathalecc rrrillt """" " j
cerlainly "interf'ere," albeit temporarily, with library use. We
shall therefore modify the judgment to afford City the right to
pursue such "intert'erences"'with iibrary use without risking
a violation of the court's order.
Is Injunctive Relief Inappropriate in the Instant
Case? Is the l)eclaratory llelieJ'Portiotz
of the Judgurent An Abusc ol'Discretion'J
Although City did not raise this issue, we are concemed
about the extent of a court'i power to enioin a legislative
bociy's ciecision-making aurhoriry, Civil Code section -l.i2j
provides, in relevant part, that "[a]n.injunction can not be
granted: ... Sewnth -[t]o prevent a legislative act by a
mr"rnicipal corporation." (bmphasis in original.) However,
*1017 Code of Civil Procedure section 526 provides, also
in lclcvant iiari, that "[a]n injLrnctiou may- bc grantrd in the
following cases: ,.. 7. Where the obligation arises from a
trust." !
16l I7l A public trust is created when properfy is held by a
public entity tbr the benefit of the general public. lSee llr.g
Sur Propertie,s ,p. Mott, suytrct. 62 Cal.App.3d gg, 104. 132
Cal.Rpir. 8;5, 81i C.i.S. Trursis, li 19.) Here, titie ro rhe library
propeity is held by City to be used by City for the benefit of
the general public as a public library. Any attempt to divert
the use of the property from its dedioateci purposes or uses
incidental thcreto woukl constitute an ult a uircs u"t. . (Big
,\trr Ptrttct'tics t:. A,loil sttwtt. 62 Cal Anp id at n qq I 12
Cal.Rptr. 835.)
I'hus, it would be proper noi oniy to issue an injuncrion ro
enforce the oblieation arising from the existence ofthe public
tnrst, i.e., ro enforoe City's obligation i<l use the propedy as
a public library but also to prevent an ultra vires, and hence
nonlegislative, act. (See ,' id.; see also pughe v. Lyle (1935)
I0 F.Supp. 245,248 "Where public offrcers act in breaclr
of trust or without authority, or threaten to do so, and such
acts will result in irrenarahle inirrrv or will make necessatv
a multipiicity of suits at law to obtain adequate redress, they
may be enjoined. See 32 Cor,Jur. 240, t5.247,261,264,
Page 507 of 717
t
263 Cal.Rptr. 896 .;
,1 r
+.
..1: d{ ! i k/ I't ) <t:\fr.,,' cif) ri.11i 1
{:
,,
and cases there cited." See also **90S ,ftanirrn v, Moft
(i976) l7 Cai.iri2ii6,.i30 Cai.Rprr.697,551 p2d t, holding
tirat if a taxpayer can prove that an expenditure of public
liir:ds is iinpi"opei she is entitled to e declaraioiy judgment
to that effect and to injunctive relief if similar e*penditures
;.::.:, l1r:;-::{r.r:: :! i., !!,.1 C.r.,,,,,. ,,.,.1 : i-....r., --C -;t..:t n,.,-,"-.,!..-.,.rrrv tlrrvotglllu rrr rrrw rururw, iriiii; L.Uiit Ui i_i'"rr r rvwwwurv
section 526a, allowing taxpayers to seek injunctive relief
against public ofiicialsto prevent illelal expenditure of, waste
oI, or rnJuly ro, pubiic pl'opet'ty.)
ISI The fir.n nrloe. 1.!) fhSf looialnti'.:e gqfi4n,intl. nef hc
er{oined, but (2) rhat breach ofa rrusr niay be enjoined, when
read together, compel the following conolusion. An injunction
' will ;;ot iic to iliev'cnt Ciiy frorri iiiakifig arl ,sxpi"ess icgislaiivc
determination that it would be in the best interests of City and
ifs cifizens to cease nsing the nronertv t'or librarv oumoses.
aiid to allow'rhe propei-ty to revert to the grantors'heiLs,
but an injunction w,ill lie to enjoin City from undertaking
acts v/h;ch i',,oulC ci:nstit*te a breach of the ccnclitions and
covenants in the deed here, even if such acts are authorized
as part ofa legislative decision (such as City's execution of
tlre parlicipation agreer:rents here), v,hen lhose eclsv,il! re:;ylt
in the loss oJ'property held Jbr the pubtic beneJit ntithout
an expres.T legi,slative cletermincttion that the kt.s:; of' suclt
property is ii the pubtic's besl interests.
Othelwise. Cif.v has concer.led that no case law cah be fourrd
which hoids that both mandamus and injunctive reiief may not .o
be dispensed inthe same *1018 case. and ithas alsofailed to
point out how the issuance ofdeclaratory and injunctive relief,
in addition to the writ of mandate, even if erroneous, has
resuited ln aliy prejndice to rt. I he declaratot-v and tn,unctr/e
portions of the judgment exactly duplicate the provisions of
l!:r 1,.-.i* .i,J .,,.^. 1,-,..- ^^.,.-l-,,.!1,..I 1l-.1r rL.,.,, ^.,,.,;..:..n, ,,.irl,$r,u !r ! r.v , e vuii!i;uiJ ii;iii. ii;u:?u iji {,j.,,u._
the one rnoditication noted above.. are legallv iustitied.
Did the 1i'ial Court Err h1, Awarding Attorneys, Fees
I'trt'st!(tnl to ( oLte of L tr)tt I'rocedure l;,edrotl t 0! t .) !
' I9l The City's only argument as to thepropriety of the award
of atrorneys' t'ees w'as that if rhe judgneilt beiow sirould prove
incorrect, then the award of fees should be reversed. The
,indonnenf helnu"' rril! he nffirmorJ, and qn fho Cnrnfirittee ,.r,nc
entitied to its awarci of I'ees by the triai ooufl, and, under the
same theory a further award of t'ees for the ciefense of its
;-.J.,.^-^--. ^-- ^-_,- -_rJqugtlitrla Ul,i iippcai.
DISPOSITION
Thcjtrdgirieiitis inodilie<i as io ltcm (v) of thcjurlgnrelii ro add
the language, "Thisjudgment is also not intended to prevent
maintenance renair or re,modelinq of the librarv huilcline for
iibraiy purposes." Tlte Coniiiiiitee is awarded iis cos.rs aiid
attorneys' fees on appeal.
Certi fi ed for publication.
CAMPBELL, PJ., and DABNE! J., concur,
All Citations.
215 Clal.App.ld 1003, 26-i Cat.Rptr. 896
Page 508 of 717
ruH crty o[ san lurs oBtspo
Cc'UNtrILAG FIEPc'FIT
FFOM:
BACKGROUND:
Recre s
sone rine ago the city was rnade aware by then councirnanRobert Griffin, chat lliss Mary Gail Black was desirous of bequeathing toche city her historic property at 464-466 Dana srreer which includes the150 year old Canet Adobe, curiently her hone. It was deternined at thlstime that the proposed bequest would be an excellent addition ro the cityPark and Recreation historical restoration progran, as was the Jack HouseProject, and Miss Black so anended her wilt.
rn late Ju]"y.1?gg, che ciry Artorney's office was conracred by MissaJaclls arrorney-inaicati"g rh"i she souid like to give rhe properry rothe Glty norc if the Gicy would agree to a Life Estaie during the renalnderof her natural life and accept rniintenance responsibility fIr the gardensand buildings during thls Llfe Esrate.
Scaff frou Parks and Recreation, public works and the AEtorney'sOffice met with Miss Black and her atrorney to inspect the properry anadeterrnined lhat roof cover repair, utiliclservice naintenance andbi'weekly garden and tree rnaintenance vould be necessary. l,Iiss B1ack alsorequested that che City be responsible for water and sewer costs necessaryto service che propercy and to malntain her current property and floodinsurance policies. The Grant Deed for the property which includes allagreenents is aEtached hereto.
CoNCURRENCE: The Park and Recreatlon Conmission discussed rhls proposedgift and were of Ehe consensus thac the rnagnlcud,e of the gifc anb thepotenEial for park and recreaEion use of the property far outweighed thecosts of repair and naintenance. The comnission-r"ctrr-ended acefptance.
ALTERNATIVES:
1. Accept grant of property located at 464 and 466 Dana Street fronMiss Mary Gall Black and agree to naintain property and ser'ices asindicated in Grant Deed, Thls alternative nould add propercy ro the cityPark System and requlre appropriation of funds for Fiscal year lggg-E9 toacconplish the uaintenance of the gardens and structures.
MEETI}.IG DATE:
Glft of Hlsrorlcal properry g6a-468 Dana street) ro city fronl{lss itary Gall Black
SUBJECT
Adopt Resolutlon Acceprrng GIft of property and ApproprraceNecessary Funds to AcconDllsh Milntenance nesponsiblLttlesIndlc,aced ln Grant Deed.
CAO RECOMMENDATION:
Page 509 of 717
HW crty oF san '
_ ,s oBtspo
CG,UNCIL AGIENEIA FIEPGIFIT
ALTERNATIVES - CONTINUED
2, Do not accept grant of lndlcated property. Ttrls alternatlve
would elfunlnaEe the opporrunlry to add rhla property to the clty park
Systern and also relleve the Clty of any nalntenance responslbllttles.
RECOHHENDATION:
Adopt Resolution accepting glft of property locared ec 464 and 466
Dana Street fron tliss Mary Gall Black and approprlat.e necessary funds to
accorrplish nalntenance responslbllluies outllned ln Grant Deed.
FISCAL IMPACT:
The Publlc lJorks, Parks Maintenance Dtvtsion budget would requlre
addicional appropriattons of $8,000 for Fiscal Yeer 1988-89. Anticipared
expenditures include:
1
2
3
4
5
6
Roof cover replacement/repair ---
Annual wacer/sewer service
Fire/Flood,/Propexty Insurance -.-
81-ueekly gatden/yatd nalntenance
Trinnlng/thlnnlng of nature trees
$ 2,500
700
900
950
1,250
1. 500
$ 7,800
Energency conEingency
Total
Atrachnents
Page 510 of 717
h.bsoturibll lrd.
A RESoLUTiUn Ur tHn Couxcil Or rie crl:r oF sAN Lurs oBtsFo
eccnpriuc n ctFr 0r Ri!{L FnoPbntibs LDcATED Ar 4d4 AriDqee uaNn SrRbEt, san Ltrrs osrslo, cnltponnlA N{D
eppnotRtetiHc NgcEssARy FUr'ros ro AccoupltsH uarNreNANcb
nbspoHst5ii,trrbs Fon tHh puherton or me rrrn esretE
As UUTLiNbO itI GRANr DEbD
mtm,Eas; Mlss ilary caft BlaCk 13 dbsltijils of grairrihg ro ihe Clby of
Sdti LUls Obtspii Rea1, ftopelty iucated at 464 and 456 bshe s*eer fot patt
6r tbbfEdttou pUtposes; ahd
wllbH,has, Hlsi.; Maf Gali llsck rEbet-'ies a Llfe Esrare durftrg the
tenaifldet bf het ttatUtai ltfe tn atrd tu sald propetty and pterulses; rna
wilth.bas; ttlss uaty carl 31act tE(ubsts that the ctty of san Luts
Obfsiio dssirtne cettaltl nalhtefrairce fbspoilslblltty for the groUnds ahd
pteiirlses Cs a cohdltibri of lhts gfaflt; and
wHEhiAs, ihe cfty cif Sait Lijls 0btspo ls desllijtis of acceptirig rhfs
glitit of h,aal propetty attd pteUtsas fot park or fbcteatlon ptitpcises; and
wtlEngAs; the btty of sdrt LUtb bbispo cccepts cbrtaln ma!fitarieiice
fespiiristblilttes ds ijiirllhed fn the Gtciir Dbed, e bopy of whtch is hereto
dLtdbituu ftit tetutetibit dfid uaticgd ae bxhrbrt ;Ai,
NOIJI THEREFORE gg ff RESOLVED as follows:
. :
i. the clty of Sat Luts 0bldpd 66cdpts thls 'rDo3't genero'us granc of
Real pfop'6rties and Sr'€ulses locate'd 6t 464 ahd 456 Datrd Stre'dt froih l{1ss ,
MAry QaIl Blaclc; nnd
2. the Ctcy of Shn lrrls ObfSp'O rigiees to the condltlons of the Grant
Deed and approprlates funds ln the Bmount of $7,800 to accorhpllshtttg ttre
reguired nalntenance for Flscal year 1989-99.
(1e88 sb{resl
4-J-JPage 511 of 717
Resoluclon No (f988 Serles) page 2
3, The Clry Clerk,s Offlce shall fuco: Mlss ltary GalI Black, rhe Director o
Publlc lJorks.
rh
fl
lsh a copy of thls Resolutlon
RecreaElon and Ehe Dlrector of
On uotlon of _ _ , seconded by
and on the follonlng ro11 call vote:
AYES:
NOES:
ATSENI:
che foregoing resolutlon was passed and adopted thls
--,
1988.
Mayor, Ron Dunln
ATTEST
Glty CLerk, Pnmel"a Voges
day of
*******
APPROVED:
Ctty AE v
nlstratlve Offlcer
D reccor of Flnance
lrector llc l{orks
of Recreatlon
Clty
/-J -4Page 512 of 717
!&ul_Qiiu
Ff)li VALtjr\BLn C()NSIDEltATIoft. r'ec()il,l. rrf wlrieh js hereby ackrr)wlr:rl,3r:rJ.
attti sttbjt:ct to tlte r:ovetIattl.s, cotrditiorr:;. r'cstrictions arrrl t,esr:r.\,irt.iolrs
s(1 t fot'th. MARY GAiL BLACX. a singlc wr)nrltr ,' Gr.antor, cloes hereby gl.;gt.L t:r.r
thc CITY ()!: SAN LUis 0tlIsPo, A MitNi(:IPAl, COlrPOHATI0N, the hcrt:irurl tr,r:,
desr;t'ibed t'eal propet'ty in tltr: Ci ty t.rt' S:rrr Lui s 0bispo, Corrnty 9f S;1r [,rri:.i
[.]trispo' st.al,e: of (ja!i!'ot'trja, ()r]nuuor)Jy rrrlr:r.r.rjrl trr.as 40/r alrd 4{iti i);irr;r
Street, []t'olrr]r;ly ci:l leri the C;rrret. nrlolrp (r.atlrep tIan tIe "sinrnr Icr Ar.lrriru.,.
nr; th| "lr-;!tr.::-tn;tlt r\rlollt:" ;rs il js somr:L.i nrrl:,; re!'L-l'tttrj t0) wit.h thr: rrl/rilr,1: I
t. lr;rl t.lte;rrloire Atrd l-wo arij<..rirtjrrr,-. r,,ings l-lrat nrai<e rrp tlte old lto1sr,. ;trrr! iire
t.r'erls r)n t.lrat tlropr'rrty be rnajrrt;rincr.i by t.Lt, ciiy 1s,, pirrk or ler:r.rlir t irrrral
^Dtll't)(rse:i. attri t lr;tl M.i Idred Witl t-'t'rt;rrt':i rr;lnrc hr,. includerj in arty n;inrr: I ll;r j
l:lte (.:j1.\r
11 .i1r';s Lu t.!tjs pirrk artjit. Sajrl pr-rrrrr:,rty is desr:rjberj irr ;rLi;rr;i11,1|.
rleed . nr:11'ke(l E.rh i lr i t "A" .
iissr:l'\ti trg ttltttl IIARY GAIL BLA(:i( ;: l,.i I l Estate dur-ing t)rt: r.r:rr,;r i:rrir::. rrl.
Irc. rral-rr.itl iife irr a^d to said r.eitl pr.opelty ancl premises alrd irli
imltt'rrrrtrntettt.s tltrr'reott. inclrrditrg btrt rrr)t, ] jrniteri to, the sole usr:. {,.,lrt,t.rii,
benefit. t'!llr'l incorne of ail of same riur'!rrrt irer natrrraI life.
lJr.: Lltr: ar:r-'r-'frtaltt:e ol thjs Deerl, srriri (j jtrr ql'San Lujs 05jsr,,r
hercirtat'ier r.eit:r.r.ed to as ,,Ci ty,,, a!.l.eer:
I 1o t;p91tidc watef and gervr)i 1.;rll.qricr.1 fot. Sairl propert.v. riirjelr
shall ittr:irttlr: nraitttaining coritjnu(ius r.,ili.ei';rncl sewer service t.{.,r.rlt.,rlrr,.
6raltitrL"''; 1-i:llilllts at.466 Datra St. l'r:,rl ;rrrri 1-itr- yilrcl to said propr:l't.r.,.i rrli:l;l
G'a.Lor''s ii1'et.ime, ancl the pavment {r! ar:,,, ar)rl all bi.lls for salr: :.rr.r.\.iq:!,
to iit'alrl.ot' ililrl GIirrrtrrt.'s telrants ;rt ,[ (]fi i);rrrt Stre ct dtrring GJ,;inltrr ,r.r
liftrt.ir:e.
f A.-.1 : rtt'arr I rlr:r:rl i
/-3-gPage 513 of 717
?. 1'O pr'ov jtie ltaVrrttrtt f Or itts(triutCe cov(:ragrj ()p sairl prOpef ty All(!
,,t,, U,[,,,,,r,.t.y r)rl.rotr I v krrtrwrr ;rs 4G(t nrtrl 4 GZ I)nn;r St ",1,t. ,r,
long as thal. prupet'l.y is also owrrer'l by GranLor drrring, [rcr. lileLinre, That.
(i(,vr:rage shal ! jltr:ltrrle (jrarrt,ur's lronrr:uwlrer''s. f ir.u, j j;rlti j jtv antl f lotrti
insttrirnce to t. lte sam(i extent tlrat slre presentiy has for.said 1:rro1rert5,.
City t.o rr:jtntrttt'srr Grirrrtor frlr irrsuranc{r pren'irrms upon paymL'rlt l.trtrr.rtol'by
Grantor.
lJ. 'l rt nrititrtttitr t.ite :;tltlctut'(:s. rtl.il.i tv ser.rrict:s ;.rtrrl -\::rtl ;rrr.:ir r.rrr
the descl'ilrerl lrt'rrlre|1.y. S;rir! nrajnt:etreu(je sl:all inClurle |o()f r.t:1rair.i.rs
nt:rtdetl , varrl mit.itttr:nilllcc jrrc trrrl ing t.h!rrr:ing anri trilnrrrirrl,, of t.r.(:i)l; ilnu
sltrubberv sr.rl)sl.rrnt.j;rl )v a:i Llre 5ralcl is rrow, mowin$, edltirrH ;trtri ,,,,u,ovirrg
Jr.:aves und all rrtirt:r. m;rint.r.lnarri:t: to the yard as netrtirrrl {(: it5, sltir.l I tre
|esponsible fot'waleIjrrp; of tr.er:s [wo tjnres a morrt],r cl urirrri Li!e Esi-a,t e]
arrd ket:Ping the watct'an(l st:(rrel'Services operabir:. Notlrjtrg lrrn.,rirlgrl lrrl
herein sltould be cotrstt'uecl as preventing 6rantor f ronr crr lljng at.r
elcctt-iciatr, pJtttlbr:r'ot'ot.lrc:t'sel'vice repajrmarr ill iln ()Dr(.:rp,,,,,.,5; . irr wlriclr
event tlte City will be rcsprlttsible for said emergencV srlrvir:e bi ll.
Uxce[rL as proviclr:rl hrrl'r:jrt, t:rtV wj j I be respOnSiblc. f rrr anV lrr:(:r:SSaI,],
repai rs to said st.r'ucture.
4 . Tr-r br-' rcsJrorrs.i tr lu f or ;rl j t'eal pt'o;_rertV l.;t.\|]s atrri irssi:sstrlellt s
imposed upon said prolterIy fr.onr the date of thjs I]eerl .
5. 'lU aJ lorrr int,rcs^\: arrd egress ovel the dr'isewa-v ;rl,r1p. thi:
sout-llwesterly 12'of (ir)11\/(..r\/i-:rt plooerty to provjde irccrjsli lr.tr:1 D;-rrr;r Strect
f'ot' tirrr res:dents ;il .1 (i(l [)rrrrir and 462 Dana Si t.eet to s;.1 irj rrlnlrr:t.t jr:s.
Grantor's adjoininq I)t.rlpcr-ly genel.ally described ;ts
Assessor''s Par.r:el No. ()2-,tol.. II. Ilr.rwever, p:rrk.i rrp,,
S;ru i.u i s (tir.: s1:o Currrr t 5
ot' r'chicl',:s lry s;rirl
2
1-3'4Page 514 of 717
rusi(l(ints w!thirt tltrt r:asurl(!llt. slr;rii il(: pl'nlribil.t:ri, eNcet)l;ts allrrwr:d by
fit'nrr t rrr' du!.
()
rry, Grarrt.rrr" s l.i ('cl j nlr:.
'l'ri ti i sa I I trw t. lru llrrb I i r: ustr nJ' s;r irl prn1rel.1,1' rltrr irr11 t:hr:
I i f'cLinr: ot' Grautor
? I rr tlre t)vcnl. ol' l'a i J rrt.r: trl cornpJ y wi t.h .itlJr qJ. l.llr: (j1\,t,1attf.s
alld colld itiotls het'ei ll colll.it j neel , .sairl Ci ty, and any srrccesso.r tlre.errf ,
sha t I fot'l'ei l. al I l: i I lel i-o sa jrl rcrr.l prollerty arrcl , jrr tlre qve:lrt .)1. alry
such t'orfei t:ure. ti tle to snirl real ;rropr-'rt_y slr;rl .1. r.evgr.t t() Gr;r.r-or..
Dir Ir:rd tiri s riir5'ol'I !)lt8
!i,\RY 0AiL Bl..ACi.:
.t
4-J-7Page 515 of 717
Page 516 of 717
C i
RESOLUTION NO. 6512 (1988 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ACCEPTING A GIFT OF REAL PROPERTIES LOCATED AT 464 AND
466 DANA STREET, SAN LUIS OBISPO, CALIFORNIA AND
APPROPRIATING NECESSARY FUNDS TO ACCOMPLISH MAINTENANCE
RESPONSIBILITIES FOR THE DURATION OF THE LIFE ESTATE
AS OUTLINED IN GRANT DEED
WHEREAS, Miss Mary Gail Black is desirous of granting to the City of
San Luis Obispo Real Property located at 464 and 466 Dana Street for park
or recreation purposes; and
WHEREAS, Miss Mary Gail Black reserves a Life Estate during the
remainder of her natural life in and to said property and premises; and
WHEREAS, Miss Mary Gail Black requests that the City of San Luis
Obispo assume certain maintenance responsibility for the grounds and
premises as a condition of this grant; and
WHEREAS, the City of San Luis Obispo is desirous of accepting this
grant of Real property and premises for park or recreation purposes; and
WHEREAS, the City of San Luis Obispo accepts certain maintenance
responsibilities as outlined in the Grant Deed,. a copy of which is hereto
attached for reference and marked as Exhibit "A"
NOW, THEREFORE BE IT RESOLVED as follows:
1. The City of San Luis Obispo accepts this most generous grant of
Real properties and premises located at 464 and 466 Dana Street from Miss
Mary Gail Black; and
2. The City of San Luis Obispo agrees to the conditions of the Grant
Deed and appropriates funds in the amount of $7,800 to accomplishing the
required maintenance for Fiscal Year 1988 -89.
R6512
Page 517 of 717
Resolution No. 651* (1988 Series) page 2
3. The City Clerk's Office shall furnish a copy of this Resolution
to: Miss Mary Gail Black, the Director of Recreation and the Director of
Public Works.
On motion of Councilman Settle , seconded by Councilwoman
Rappa and on the following roll call vote:
AYES: Councilmembers Settle, Rappa, Pinard, Reiss and Mayor Dunin
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this _ -.4th -. - - -- day of
October , 1988
It
Mayor, R Dun"'
ATTEST
City C1 k, Pamela Voge
APPROVED:
City A inistrative Officer
Z-7 - -
City At o ey -
D rector of Finance
Page 518 of 717
C
GRANT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
and subject to the covenants, conditions, restrictions and reservations
set forth, MARY GAIL BLACK, a single woman, Grantor, does hereby grant to
the CITY OF SAN LUIS OBISPO. A MUNICIPAL CORPORATION, the hereinafter
described real property in the City-of San Luis Obispo, County of San Luis
Obispo. Stage of California. commonly referred to as 464 and 466 Dana
Street, properly called the Cornet Adobe (rather than the "Simmler Adobe"
or the "Waterman Adobe" as it is sometimes referred to) with the request
that the adobe and t'wo adjoining wings that make up the old house, and the
trees on that property be maintained by the City for park or recreational
purposes, and that Mildred Wat:erman's name be included in any name that
the City gives to this park area. Said property is described in attarhed
deed, marked Exhibit "A ".
Reserving unto MARY GAIL BLACK a Life: Estate during the remainder of
her natural life in and.to said real property and premises and all
improvements thereon, including but. riot limited. to, the sole use, control,
benefit. and income of all of same during her natural life.
By the acceptance of this Deed, said City of San Luis Obispo,
hereinafter referred to as "City," agrees:
1. To provide water and sewer service for said property. whir.h
shall include maintaining continuous water- and sewer service for Grantor,
fk:%
Grantor's tenants at 466 liana Street. and the yard to said property during
Grantor's lifetime. and the payment of any and all bills for said service
to Grantor and Grantor's tenants at. 466 D ;ura Street during Grantor's
lifetime.
A-- 4:granl. +
Page 519 of 717
M
2. . To provide payment for insurance coverage on said property and
Grantor's adjoining property commonly known as 460 anti 462 Dana Street so•
long, as that property is also owned by Grantor during her lifetime. That
coverage shall include Grantor's homeowner's, fire, liabilit.v and flood
insurance-to the same extent that she presently has for said property.
City to-reimburse Grantor for insurance premiums upon payment thereof by
Grantor.
3. To maintain the structures, utility services and yard area on
the described property. Said maintenance shall include roof repair as
needed. yard maintenance including thinning and trimming of trees and
shrubbery substantially as the yard is now, mowing, edging and removing
leaves and all other maintenance to the yard as needed (City shall be
responsible for watering of trees two times a month during Life Estate)
and keeping the water and sewer services operable. Nothing provided for
herein should be.construed as preventing Grantor from calling an
electrician, plumber or other service repairman in an emergency, in which
event the City will be responsible for said emergency service bill.
Except as provided herein, City will be responsible for any necessary
repairs to said structure.
4. To be responsible for all real property taxes and assessments
imposed upon said property from the date of this Deed.
5. To'allow ingress and egress over the driveway alnng the
t'y^ southwesterly 12' of conveyed property to provide access from Dana Street
for the residents at. 460 Dana and 462 Dana Street: to said properties.
7
Grantor's adjoining property generally described as San r.uis Ohispo County
Assessor's. Parcel No. 02--401--11. however, parking of vehicles by said
2 -
t ? —/.,.
0
Page 520 of 717
0
residents within the easement shall be prohibited, except as allowed by
Grantor during Grantor's lifetime.
6. To disallow the public use of said property during the
lifetime of Grantor.
7. In the eve.nt.of failure to comply with any of the covenants
and conditions herein contained; said City, and any successor thereof,
shall forfeit all title to said real property and, in the event of any
such forfeiture. title to -said real property shall revert to Grantor.
Dated this day of 1988.
MARY GAIL BLACK
U
o . -I_ 7
3
o . -I_ 7
Page 521 of 717
rl
Page 522 of 717
Resolution No. PC-1093-24
ARCH-0329-2022 and EID-0637-2022
466 Dana Street
Page 1
RESOLUTION NO. PC-1093-24
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN
LUIS OBISPO ADOPTING THE INITIAL STUDY/MITIGATED NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT PREPARED PURSUANT
TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA);
DETERMINING GENERAL PLAN CONFORMANCE ; AND APPROVING A
PROJECT PROPOSING THE CONSTRUCTION OF 20 LOW - TO VERY-
LOW INCOME AFFORDABLE HOMES WITH A REQUEST FOR A
CONCESSION PURSUANT TO CA STATE DENSITY BONUS LAW FOR A
REDUCTION OF PARKING REQUIREMENTS; REHABILITATION OF THE
MASTER LIST HISTORIC ROSA BUTRÓN ADOBE INCLUDING
DEMOLITION OF PORTIONS OF THE BUILDING AT THE REAR OF THE
STRUCTURE; REMOVAL OF 12 TREES WITH A COMPENSATORY
PLANTING PLAN; (466 DANA ST, ARCH-0329-2022 & EID-0637-2022)
WHEREAS, the Cultural Heritage Committee of the City of San Luis Obispo
conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San
Luis Obispo, California, on October 28, 2024, recommending to the Planning Commission
that the proposed project is consistent with the Historic Preservation Ordinance, with two
recommendations to evaluate elements of the site’s history, and two recommendations
to include construction staff training specific to the Mission era, as well as including
historical signage; and
WHEREAS, the Architectural Review Commission of the City of San Luis Obispo
conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San
Luis Obispo, California, on November 18, 2024, recommending to the Planning
Commission that the proposed project is consistent with the Community Design
Guidelines, with recommendations regarding project sequencing, design changes to color
and on-site amenities, and to increase short-term bike parking for visitors to the property;
and
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a
public hearing in the Council Chamber of City Hall, 990 Palm Street, on December 11,
2024, for the environmental review, general plan conformity and entitlement review of a
project proposing the construction of 20-low to very-low income affordable homes with a
request for a concession pursuant to CA State Density Bonus Law for a reduction in
parking requirements, rehabilitation of the master list historic Rosa Burtron Adobe
including demolition of portions of the building at the rear of the structure and removal of
12 trees with a compensatory planting plan located at 466 Dana Street, pursuant to a
proceeding instituted under ARCH-0329-2022 and EID-0637-2022; Smart Share
Housing, applicant; and
WHEREAS, notice of said public hearing were made at the time and in the manner
required by law; and
Page 523 of 717
Resolution No. PC-1093-24
ARCH-0329-2022 and EID-0637-2022
466 Dana Street
Page 2
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.
NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City
of San Luis Obispo as follows:
SECTION 1. Environmental Review. The Planning Commission hereby adopts the
Initial Study and Mitigated Negative Declaration that finds that with the incorporation of
the following mitigation measures and the mitigation monitoring program, environmental
impacts will be less than significant:
Air Quality Mitigation
Mitigation Measure AQ-1. During all construction activities and use of diesel vehicles,
the applicant shall implement the following idling control techniques:
Idling Restrictions Near Sensitive Receptors for Both On- and Off-Road
Equipment.
a. Staging and queuing areas shall be located at the greatest distance feasible from
sensitive receptor locations;
b. Diesel idling shall not be permitted when equipment is not in use;
c. Alternative-fueled equipment shall be used whenever possible; and
d. Signs that specify the no idling requirements shall be posted and enforced at the
construction site.
California Diesel Idling Regulations. On-road diesel vehicles shall comply with
Section 2485 of Title 13 of the California Code of Regulations. This regulation limits
idling from diesel-fueled commercial motor vehicles with gross vehicular weight ratings
of more than 10,000 pounds and licensed for operation on highways. It applies to
California- and non-California-based vehicles. In general, the regulation specifies that
drivers of said vehicles:
a. Shall not idle the vehicle’s primary diesel engine when vehicle is not in use,
except as noted in Subsection (d) of the regulation; and
b. Shall not operate a diesel-fueled auxiliary power system to power a heater, an air
conditioner, or any ancillary equipment on that vehicle during sleeping or resting
in a sleeper berth for greater than 5 minutes at any location when within 100 feet
of a restricted area, except as noted in Subsection (d) of the regulation.
Page 524 of 717
Resolution No. PC-1093-24
ARCH-0329-2022 and EID-0637-2022
466 Dana Street
Page 3
c. Signs must be posted in the designated queuing areas and job sites to remind
drivers of the 5-minute idling limit. The specific requirements and exceptions in
the regulation can be reviewed at the following website:
https://ww2.arb.ca.gov/capp-resource-center/heavy-duty-diesel-vehicle-idling-
information.
➢ AQ-1 Monitoring Plan. The City shall verify all measures are shown on relevant site
plan sheets at the time of submittal of applications for demolition, building, and
construction permits.
Mitigation Measure AQ-2 During all construction and ground-disturbing activities, the
applicant shall implement the following particulate matter control measures such that
they do not exceed the Air Pollution Control District 20% opacity limit and minimize
nuisance impacts. Each measure shall be detailed on the project grading and building
plans:
a. Reduce the amount of the disturbed area where possible;
b. Use of water trucks or sprinkler systems in sufficient quantities to prevent
airborne dust from leaving the site and from exceeding the San Luis Obispo
County Air Pollution Control District limit of 20% opacity for greater than 3
minutes in any 60-minute period. Increased watering frequency would be
required whenever wind speeds exceed 15 miles per hour. Reclaimed (non -
potable) water shall be used whenever possible. When drought conditions exist
and water use is a concern, the contractor or builder shall consider the use of a
dust suppressant that is effective for the specific site conditions to reduce the
amount of water used for dust control. Please refer to the following link from the
San Joaquin Valley Air District for a list of potential dust suppressan ts:
https://ww2.valleyair.org/compliance/dust-control/reducing-dust-emissions/;
c. All stockpiled dirt shall be sprayed daily and covered with tarps or other dust
barriers, as needed;
d. All roadways, driveways, sidewalks, etc. to be paved shall be completed as soon
as possible, and building pads shall be laid as soon as possible after grading
unless seeding, soil binders or other dust controls are used;
e. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or
shall maintain at least 2 feet of freeboard (minimum vertical distance between top
of load and top of trailer) or otherwise comply with California Vehicle Code
Section 23114;
f. “Track-Out” is defined as sand or soil that adheres to and/or agglomerates on the
exterior surfaces of motor vehicles and/or equipment (including tires) that may
Page 525 of 717
Resolution No. PC-1093-24
ARCH-0329-2022 and EID-0637-2022
466 Dana Street
Page 4
then fall onto any highway or street as described in CVC Section 23113 and
California Water Code 13304. To prevent track-out, designate access points and
require all employees, subcontractors, and others to use them. Install and
operate a “track-out prevention device” where vehicles enter and exit unpaved
roads onto paved streets. The track-out prevention device can be any device or
combination of devices that are effective at preventing track-out, located at the
point of intersection of an unpaved area and a paved road. Rumble strips or steel
plate devices need periodic cleaning to be effective. If paved roadways
accumulate tracked out soils, the track-out prevention device may need to be
modified;
g. All fugitive dust mitigation measures shall be shown on grading and building
plans;
h. The contractor or builder shall designate a person or persons whose
responsibility is to ensure any fugitive dust emissions do not result in a nuisance
and to enhance the implementation of the mitigation measures as necessary to
minimize dust complaints and reduce visible emissions below the San Luis
Obispo County Air Pollution Control District’s limit of 20% opacity for greater than
3 minutes in any 60-minute period. Their duties shall include holidays and
weekend periods when work may not be in progress (for example, wind-blown
dust could be generated on an open dirt lot). The name and telephone number of
such persons shall be provided to the San Luis Obispo County Air Pollution
Control District Compliance Division prior to the start of any grading, earthwork,
or demolition (Contact the Compliance Division at 805 -781-5912).
i. Permanent dust control measures identified in the approved project revegetation
and landscape plans shall be implemented as soon as possible, following
completion of any soil-disturbing activities;
j. Exposed ground areas that are planned to be reworked at dates greater than one
month after initial grading shall be sown with a fast-germinating, non-invasive
grass seed and watered until vegetation is established;
k. All disturbed soil areas not subject to revegetation shall be stabilized using
approved chemical soil binders, jute netting, or other methods approved in
advance by the San Luis Obispo County Air Pollution Control District;
l. Vehicle speed for all construction vehicles shall not exceed 15 miles per hour on
any unpaved surface at the construction site;
Page 526 of 717
Resolution No. PC-1093-24
ARCH-0329-2022 and EID-0637-2022
466 Dana Street
Page 5
m. Sweep streets at the end of each day if visible soil material is carried onto
adjacent paved roads. Water sweepers shall be used with reclaimed water where
feasible. Roads shall be pre-wetted prior to sweeping when feasible; and
n. Take additional measures as needed to ensure dust from the project site is not
impacting areas outside the project boundary.
➢ AQ-2 Monitoring Plan. The City shall verify all measures are shown on relevant site
plan sheets at the time of submittal of applications for demolition, building, and
construction permits.
Mitigation Measure AQ-3. Prior to initiation of demolition/construction activities, the
applicant shall retain a registered geologist to conduct a geologic evaluation of the
property, including sampling and testing for naturally occurring asbestos in full
compliance with California Air Resources Board Air Toxics Control Measure for
Construction, Grading, Quarrying, and Surface Mining Operations (17 California Code
of Regulations Section 93105) and San Luis Obispo County Air Pollution Control District
requirements. This geologic evaluation shall be submitted to the City of San Luis Obispo
Community Development Department upon completion. If the geologic evaluation
determines that the project would not have the potential to disturb naturally occurring
asbestos, the applicant must file an Asbestos Air Toxics Control Measure exemption
request with the San Luis Obispo County Air Pollution Control District.
➢ AQ-3 Monitoring Plan. The City shall verify receipt of the geologic evaluation at the
time of applicant application for demolition, building, or construction permits, whichever
occurs first.
Mitigation Measure AQ-4. If naturally occurring asbestos is determined to be present
on-site, proposed earthwork and construction activities shall be conducted in full
compliance with the various regulatory jurisdictions regarding naturally occurring
asbestos, including the California Air Resources Board Air Toxics Control Measure for
Construction, Grading, Quarrying, and Surface Mining Operations (17 California Code
of Regulations Section 93105) and requirements stipulated in the National Emission
Standards for Hazardous Air Pollutants (40 Code of Federal Regulations Part 61,
Subpart M - National Emission Standard for Asbestos). These requirements include, but
are not limited to, the following:
a. Written notification, within at least 10 business days of activities commencing, to
the San Luis Obispo County Air Pollution Control District;
b. Preparation of an asbestos survey conducted by a Certified Asbestos Consultant;
and
Page 527 of 717
Resolution No. PC-1093-24
ARCH-0329-2022 and EID-0637-2022
466 Dana Street
Page 6
c. Implementation of applicable removal and disposal protocol and requirements for
identified naturally occurring asbestos.
➢ AQ-4 Monitoring Plan. The City shall verify receipt of the asbestos survey and verify
all measures are shown on relevant site plan sheets at the time of submittal of
applications for demolition, building, and construction permits, if applicable.
Mitigation Measure AQ-5. Regulated asbestos-containing material could be
encountered during the proposed demolition activities and rehabilitation of the Rosa
Butrón Adobe. At the time of application for demolition permits, the project developer
shall demonstrate compliance with the National Emission Standards for Hazardous Air
Pollutants (40 Code of Federal Regulations Part 61, Subpart M - National Emission
Standard for Asbestos) regarding the proper handling, abatement, and disposal of
regulated asbestos-containing material. National Emission Standards for Hazardous Air
Pollutants requirements for regulated structures include, but are not limited to:
a. Hire a Certified Asbestos Consultant to conduct an asbestos survey report.
b. Prepare a written work plan addressing asbestos handling procedures in order to
prevent visible emissions.
c. Submit he asbestos survey report and work plan to the City at the time of
application for demolition and building permits.
d. Submit a notification form, survey, and work plan to the San Luis Obispo County
Air Pollution Control District, at least 10 business days prior to demolition,
regardless of regulated asbestos-containing materials.
e. Go to https://www.slocleanair.org/rules-regulations/asbestos.php for more
information.
➢ AQ-5 Monitoring Plan. The City shall verify receipt of the asbestos survey and work
plan and verify all measures are shown on relevant site plan sheets at the time of
submittal of applications for demolition, building, and construction permits, if applicable.
Mitigation Measure AQ-6. If during the demolition or rehabilitation of existing structures
paint is separated from the construction materials (e.g., chemically, or physically), the
paint waste will be evaluated independently from the building material by a qualified
hazardous materials inspector to determine its proper management. All hazardous
materials shall be handled and disposed of in accordance with federal, state, and local
regulations. According to the California Department of Toxic Substances Contr ol, if the
paint is not removed from the building material during demolition (and is not chipping or
peeling), the material can be disposed of as construction debris (a non-hazardous
waste). The landfill operator will be contacted prior to disposal of building material
Page 528 of 717
Resolution No. PC-1093-24
ARCH-0329-2022 and EID-0637-2022
466 Dana Street
Page 7
debris to determine any specific requirements the landfill may have regarding the
disposal of lead-based paint materials. The disposal of demolition debris shall comply
with any such requirements. The project applicant shall document proof that paint waste
has been evaluated by a qualified hazardous waste materials inspector and handled
according to their recommendation to the City Community Development Department.
➢ AQ-6 Monitoring Plan. The City shall verify receipt of evidence that separated paint
waste was evaluated by a qualified hazardous waste materials inspector and handled
according to their recommendation, if applicable.
Biological Resources Mitigation
Mitigation Measure BIO-1. The developer shall retain a qualified biologist to conduct
roosting bat surveys prior to proposed demolition/rehabilitation activities. Pre -
disturbance surveys for bats shall include one daytime survey and one dusk survey no
more than 14 days prior to the start of construction to determine if bats are roosting in
the abandoned structure or in any of the trees on the property. If bats are found to be
roosting on the project site, a bat exclusion plan shall be developed by the qualified
biologist to ensure impacts to bats are avoided and submitted to the City for review and
approval.
➢ BIO-1 Monitoring Plan. The City shall verify receipt of the survey plan and review
and approve the exclusion plan, if applicable.
Mitigation Measure BIO-2 If construction activities involving ground disturbance
or vegetation removal are proposed at any point during the typical nesting bird season
(February 1–September 15), a nesting bird survey shall be conducted by a qualified
biologist no more than 10 days prior to the start of ground disturbance to determine
presence/absence of nesting birds. Surveys shall cover all areas potentially affected by
the project via direct impacts (e.g., nest destruction) or indirect impacts (e.g., nois e,
vibration, odors, movement of workers or equipment, etc.). If nesting activity is detected,
the following measures shall be implemented:
a. Buffer Establishment. If an active bird nest is observed during preconstruction
surveys or during construction, the qualified biologist shall determine an
appropriate no-disturbance setback based on existing conditions and bird
behavior. These buffers shall remain in place unti l the breeding season has
ended or until a qualified biologist has determined that the birds have fledged
and are no longer reliant on the nest or parental care for survival.
b. Variance of Buffer Distances. Variance from the no-disturbance buffers
described above may be allowable when there is a compelling biological or
Page 529 of 717
Resolution No. PC-1093-24
ARCH-0329-2022 and EID-0637-2022
466 Dana Street
Page 8
ecological reason to do so, such as when the construction area would be
concealed from a nest site by topography. Any variance from the no -disturbance
buffers shall be advised and supported by a qualified biologist. The California
Department of Fish and Wildlife may be contacted for technical assistance if
recommended by the qualified biologist.
c. Nesting Monitoring. If nest buffers are reduced, the biologist shall monitor any
construction activities within the pre -determined setback distance. If nesting birds
show any signs of disturbance, including changes in behavior, significantly
reducing frequency of nests visits, or refusal to visit the nest, the biologist will
stop work and increase the nest buffer. If appropriate on a case-by-case basis,
as determined by the qualified biologist, nest monitoring may be reduced to
weekly spot-check monitoring, at a minimum, if the biologist determines that the
nesting birds have shown no signs of disturbance from construction activities and
a continuation of the same types of construction activities are unlikely to disturb
the nesting birds. All monitoring reports shall be submitted to the City.
d. Nest Removal. Nests, eggs, or young of birds covered by the Migratory Bird
Treaty Act and California Fish and Game Code shall not be moved or disturbed
until a qualified biologist has determined that the nest has become inactive or
young have fledged and become independent of the nest.
e. Reporting. A qualified biologist shall document all active nests and submit a
letter report to the City of San Luis Obispo documenting project compliance with
the Migratory Bird Treaty Act, California Fish and Game Code, and applicable
project mitigation measures.
➢ BIO-2 Monitoring Plan. The City shall verify receipt of the survey report, active nest
letter report, and monitoring reports, if applicable.
Mitigation Measure BIO-3 Water Pollution Control Plan. At the time of
application for demolition, grading, or building permits, whichever occurs first, the
project applicant shall prepare and submit a Water Pollution Control Plan (WPCP) to be
reviewed and approved by the City. The WPCP shall include, but not be limited to, the
following erosion and sedimentation control methods and shall be implemented during
the construction phases of the project:
a. If possible, the potential for erosion and sedimentation shall be minimized by
scheduling construction activities during the dry season (June 15 –October 31).
b. Sediment and erosion control measures shall be developed by a qualified
engineer to protect water quality and comply with appropriate local and state
regulations. Measures may include the use of silt fence, straw wattles, erosion
Page 530 of 717
Resolution No. PC-1093-24
ARCH-0329-2022 and EID-0637-2022
466 Dana Street
Page 9
control blankets, straw bales, sandbags, fiber rolls, and other appropriate
techniques employed to protect the drainage feature on and farther downstream
of the property. All areas with soil disturbance shall have appropriate erosion
controls and other stormwater protection best management practices installed to
prevent erosion potential. All sediment and erosion control measures shall be
installed per the engineer’s requirements.
c. Spill kits shall be maintained on the project site and a Spill Response Plan shall
be in place.
d. Equipment shall be refueled in designated areas with appropriate spill
containment. Equipment storage shall use drip pans or ground covers as
appropriate to ensure leaks are contained. All equipment and vehicles shall be
checked and maintained on a daily b asis to ensure proper operation and to avoid
potential leaks or spills.
e. Concrete washout shall be conducted in specified areas and with appropriate
containment measures to ensure washout does not leave the site and enter the
City of San Luis Obispo’s storm drain system. Washing of equipment, tools, etc.,
shall occur in specified locations where the tainted water will not affect the
drainage or City of San Luis Obispo’s storm drain system.
f. The use of chemicals, fuels, lubricants, or biocides shall be in compliance with all
federal, state, and local regulations. All uses of such compounds shall observe
label and other restrictions mandated by the U.S. Environmental Protection
Agency, California Department of Food and Agriculture, and other federal and
state legislation.
g. All project-related spills of hazardous materials within or adjacent to the project
site should be cleaned up immediately.
➢ BIO-3 Monitoring Plan. The City shall review and approve the WPCP and verify all
measures are shown on relevant site plan sheets.
Cultural Resources Mitigation
Mitigation Measure CR-1 Alternative Building Materials. At the time of application
for building permits, building plans for the residential units shall be reviewed to verify
use of alternate window materials (i.e., other than vinyl) such as wood or another
synthetic material with colors and finishes that better reflect the character of the adobe
and nearby historical resources.
➢ CR-1 Monitoring Plan. The City shall verify all relevant plan sheets have been
updated to identify alternative window materials consistent with this measure.
Page 531 of 717
Resolution No. PC-1093-24
ARCH-0329-2022 and EID-0637-2022
466 Dana Street
Page 10
Mitigation Measure CR-2 Rehabilitation Plan Implementation. Prior to issuance of a
permit for demolitions or any alterations to the Rosa Butrón Adobe, construction plans
shall include all proposed treatments detailed in the approved Rehabilitation Plan shown
on relevant demolition and/or building permit sheets as callouts and notes to guide the
rehabilitation process and be reviewed and approved by a qualified consultant for
consistency with the approved Rehabilitation Plan and SOI Standards. Final
construction plans shall be reviewed and approved by the Community Development
Director. The qualified consultant shall include either a historic architect that meets the
SOI Qualifications in historic architecture and has demonstrable experience with the
rehabilitation of historic adobe buildings, or an SOI Qualified architectural historian and
a materials conservation specialist with expertise in the preservation and rehabilitation
of adobe buildings. The selected consultant shall be available to assist the design and
construction team throughout the execution of the project to ensure that treatment
approaches compliant with the SOI Standards for Rehabilitation are being
implemented.
The final construction plans shall include:
• Assessment of the building that focuses on the existing conditions of specific
architectural systems (i.e. windows, doors, roof) and materials (i.e. adobe and
wood siding). A condition assessment of the building’s structural systems and
inclusion of mechanical and electrical systems shall also be included.
• Preparation of detailed Standards compliant treatment recommendations related
to the existing character-defining features of the Rosa Butrón Adobe and their
preservation. In addition to the Standards, treatment recommendations should
also take into consideration other appropriate guidelines and guidance
documents, including publications by the National Park Service’ Technical
Preservation Services.
• Description of recommendations related to the new construction at the Rosa
Butrón Adobe. This should address fundamental issues including, but not limited
to:
a. The appearance of the new rear elevation, including the forms, fenestration
patterns, materials, and finishes;
b. How the new rear elevation will be integrated into the historic fabric of the side
elevations, as well as the architectural and structural systems of the building, in a
way that complies with the Standards; and
Page 532 of 717
Resolution No. PC-1093-24
ARCH-0329-2022 and EID-0637-2022
466 Dana Street
Page 11
c. Recommendations related to landscape and site improvements around the Rosa
Butrón Adobe, such as drainage, to continue preserving the building in its
rehabilitated configuration.
• Treatment recommendations for the continued short- and long-term maintenance
of the Rosa Butrón Adobe.
The above implementation requirements shall be incorporated into construction plan
submittals and shall be administered by the appropriate City Planning staff responsible
for the administration of the Historic Preservation Program to the satisfaction of th e
Community Development Director and will be required prior to the issuance of any
building or demolition permits.
➢ CR-2 Monitoring Plan. The City shall verify all proposed treatments detailed in the
approved Rehabilitation Plan are shown on relevant demolition and building plan
sheets. The implementation requirements shall be administered by the appropriate City
planning staff responsible for the administration of the Historic Preservation Program to
the satisfaction of the Community Development Director and will be required prior to the
issuance of any building or demolition permits.
Mitigation Measure CR-3 Preconstruction Historic Resources Training. Prior to
issuance of demolition and construction permits, whichever occurs first, all construction
staff shall attend a preconstruction training session that outlines relevant information
related to the treatment of historic resources. This training may be held by City staff
affiliated with the City’s Historic Preservation Program, along with relevant consultants,
including SOI-Qualified architectural historians, and/or contractors/craftsm an with
expertise related to the rehabilitation and preservation of adobe buildings. The training
shall cover key concepts related to historic preservation practices and the City’s Historic
Preservation Program, sensitive scope items related to the demolition and rehabilitation
of the building’s historic core, and general site protocols and procedures during
construction activities that are intended to protect and preserve the Rosa Butrón
Adobe.
➢ CR-3 Monitoring Plan. The City shall review the submitted training materials and
trainers’ qualifications to ensure compliance with this measure.
Mitigation Measure CR-4 Construction Protection Protocols. At the time of
application for demolition and construction permits, whichever occurs first, construction
plans shall include protection protocols that will protect the Rosa Butrón Adobe during
construction activities. These measures shall address issues related to the stabilization
of any deteriorated materials at the historic buildings as identified in the Rehabilitation
Plan, identification of appropriate construction equipment to be used on and i n proximity
to the historic adobe, and on-site security measures specific to preserving the adobe
Page 533 of 717
Resolution No. PC-1093-24
ARCH-0329-2022 and EID-0637-2022
466 Dana Street
Page 12
from vandalism or other human-related damage. Protocols shall also identify emergency
procedures in the event of inadvertent damage during construction, or damage
sustained in the event of a natural disaster. Final construction plans shall be subject to
the review and approval of the Community Development Director.
➢ CR-4 Monitoring Plan. The City shall review submitted project plans and verify all
protection measures have been identified on relevant plan sheets.
Mitigation Measure CR-5 Selection of Contractors with Rehabilitation Experience.
Prior to issuance of demolition and construction permits, whichever occurs first, the City
shall review and approve the applicant-chosen contractor team for the relevant
demolition, rehabilitation, and construction phases of the project that has demonstra ted
experience with preserving and rehabilitating historic resources. Special consideration
shall be given to bid teams that have staff or subcontractors with experience in the
treatment of adobe buildings.
➢ CR-5 Monitoring Plan. The City shall review the selected contractor’s credentials
and verify they meet the intent of this measure.
Mitigation Measure CR-6 At the time of building and/or grading permit application
submittal, the project applicant shall retain a City of San Luis Obispo -qualified
archaeologist to develop an Archaeological Monitoring Plan for the project. The plan
shall include, but not be limi ted to:
a. List of personnel involved in the monitoring activities
b. Description of how the monitoring shall occur;
c. Description of frequency of monitoring (e.g., full time, part time, spot checking);
d. Description of what resources are expected to be encountered, including, but not
limited to, mission-era artifacts;
e. Description of circumstances that would result in the halting of work at the project
site;
f. Description of procedures for halting work on the project site and notification
procedures;
g. Description of monitoring reporting procedures;
h. Specific, detailed protocols for what to do in the event of the discovery of human
remains; and
i. Thresholds for reducing and/or discontinuing monitoring in the event resources
are not present and/or the potential to encounter resources is negligible.
Page 534 of 717
Resolution No. PC-1093-24
ARCH-0329-2022 and EID-0637-2022
466 Dana Street
Page 13
The Archaeological Monitoring Plan shall be reviewed and approved by City staff prior
to the issuance of project building and/or grading permits.
➢ CR-6 Monitoring Plan. The City shall review and approve the Archaeological
Monitoring Plan prior to issuance of grading, demolition, or building permits.
Mitigation Measure CR-7 If cultural resources are encountered during subsurface
earthwork activities, all ground-disturbing activities within a 25-foot radius of the find
shall cease and the City shall be notified immediately. Work shall not continue until a
City of San Luis Obispo-qualified archaeologist assesses the find and determines the
need for further study. If the find includes Native American-affiliated materials, a local
Native American tribal representative will be contacted to work in conjunctio n with the
City of San Luis Obispo-approved archaeologist to determine the need for further study.
A standard inadvertent discovery clause shall be included in every grading and
construction contract to inform contractors of this requirement. Any previousl y
unidentified resources found during construction shall be recorded on appropriate
California Department of Parks and Recreation forms and evaluated for significance in
terms of the California Environmental Quality Act criteria by a qualified archaeologis t.
If the resource is determined significant under the California Environmental Quality Act,
the qualified archaeologist shall prepare and implement a research design and
archaeological data recovery plan, in conjunction with locally affiliated Native America n
representative(s) as necessary, that will capture those categories of data for which the
site is significant. The archaeologist shall also perform appropriate technical analysis,
prepare a comprehensive report, and file it with the Central Coast Information Center,
located at the University of California, Santa Barbara, and provide for the permanent
curation of the recovered materials.
➢ CR-7 Monitoring Plan. The City shall verify halt work measures have been identified
on relevant plan sheets. The City shall notify a local Native American tribal
representative, if applicable. The City shall review and approve the resource evaluation
and research design and archaeological data recovery plan, if applicable.
Mitigation Measure CR-8 In the event that human remains are exposed during earth -
disturbing activities associated with the project, an immediate halt work order shall be
issued, and the City of San Luis Obispo Community Development Director and locally
affiliated Native American representative(s) (as necessary) shall be notified. California
Health and Safety Code Section 7050.5 requires that no further disturbance of the site
or any nearby area reasonably suspected to overlie adjacent human remains shall
occur until the County Coroner has made the necessary findings as to origin and
disposition pursuant to California Public Resources Code Section 5097.98. If the
remains are determined to be of Native American descent, the coroner shall notify the
Page 535 of 717
Resolution No. PC-1093-24
ARCH-0329-2022 and EID-0637-2022
466 Dana Street
Page 14
Native American Heritage Commission within 24 hours. These requirements shall be
printed on all building and grading plans.
➢ CR-8 Monitoring Plan. The City shall verify halt work measures have been identified
on relevant plan sheets. The City shall notify a local Native American tribal
representative and the County Coroner, if applicable.
Noise Mitigation
Mitigation Measure N-1 For the entire duration of the construction phase of the
project, the following noise reduction measures shall be adhered to:
a. Stationary construction equipment that generates noise that exceeds 60
Aweighted decibels at the project boundaries shall be shielded with the most
modern noise control devices (i.e., mufflers, lagging, and/or motor enclosures).
b. Impact tools (e.g., jackhammers, pavement breakers, rock drills, etc.) used for
project construction shall be hydraulically or electrically powered wherever
possible to avoid noise associated with compressed air exhaust from
pneumatically powered tools.
c. Where use of pneumatic tools is unavoidable, an exhaust muffler on the
compressed air exhaust shall be used.
d. All construction equipment shall have the manufacturers’ recommended noise
abatement methods installed, such as mufflers, engine enclosures, and engine
vibration insulators, intact and operational.
e. All construction equipment shall undergo inspection at periodic intervals to
ensure proper maintenance and presence of noise control devices (e.g., mufflers,
shrouding, etc.).
➢ N-1 Monitoring Plan. The City shall verify noise reduction measures have been
identified on relevant plan sheets.
Mitigation Measure N-2 Construction plans shall note construction hours, truck
routes, and all construction noise reduction measures and shall be reviewed and
approved by the City of San Luis Obispo Community Development Department prior to
issuance of grading/building permits. The City of San Luis Obispo shall provide and post
signs stating these restrictions at construction entry sites prior to commencement of
construction and shall maintain these signs throughout the construction phase of the
project. All construction workers shall be briefed at a preconstruction meeting on
construction hour limitations and how, why, and where noise reduction measures are to
be implemented.
Page 536 of 717
Resolution No. PC-1093-24
ARCH-0329-2022 and EID-0637-2022
466 Dana Street
Page 15
➢ N-2 Monitoring Plan. The City shall verify construction hours, truck routes, and noise
reduction measures have been identified on relevant plan sheets.
Mitigation Measure N-3 For all construction activity at the project site, additional
noise attenuation techniques shall be employed as needed to ensure that noise levels
are maintained within levels allowed by the City of San Luis Obispo Municipal Code,
Title 9, Chapter 9.12 (Noise Control). Such techniques shall include, but are not limited
to, the following:
a. Sound blankets shall be used on noise-generating equipment;
b. Stationary construction equipment that generates noise levels above 65
Aweighted decibels at the project boundaries shall be shielded with a barrier that
meets a sound transmission class (a rating of how well noise barriers attenuate
sound) of 25;
c. All diesel equipment shall be operated with closed engine doors and shall be
equipped with factory-recommended mufflers;
d. The movement of construction-related vehicles, except for passenger vehicles,
along roadways adjacent to sensitive receptors shall be limited to the hours
between 7:00 a.m. and 7:00 p.m., Monday through Saturday. No movement of
heavy equipment shall occur on Sundays or official holidays (e.g., Thanksgiving,
Labor Day); and
e. Temporary sound barriers shall be constructed between construction sites and
affected uses.
➢ N-3 Monitoring Plan. The City shall verify noise reduction measures have been
identified on relevant plan sheets.
Mitigation Measure N-4 The project contractor shall notify residents and business
operators at properties within 300 feet of the project of proposed construction timelines
and noise compliant procedures to minimize potential annoyance related to construction
noise. Signs shall be in place prior to and throughout grading and construction activities
informing the public that noise -related complaints shall be directed to the construction
manager prior to the City of San Luis Obispo Community Development Department.
➢ N-4 Monitoring Plan. The City shall verify receipt of the notice and list of recipients.
Section 2. Findings. The Planning Commission hereby makes the following findings in
support of the project:
General Plan Conformance
Page 537 of 717
Resolution No. PC-1093-24
ARCH-0329-2022 and EID-0637-2022
466 Dana Street
Page 16
1. The Planning Commission hereby determines that the City’s action to authorize
and/or construct buildings or structures for the purposes of developing affordable
housing is in conformance with the General Plan.
Development Approval: The Planning Commission hereby grants final approval to the
project (ARCH-0329-2022 and EID-0637-2022) based on the following findings:
1. The project is consistent with the Land Use Element of the General Plan because
it supports the City’s land use designation’s purpose and application for Medium -
High Density Residential land uses by providing residential units at the density
level specified in the zone.
2. As conditioned, the project conforms to applicable property development
standards set forth in the Zoning Regulations, for the Medium -High Density
Residential (R-3) zone. The proposed uses are compatible with the project site
and with existing uses in the vicinity, which include multi -family residential uses.
3. The project is consistent with Housing Element Policies 7.1 and 7.3, which
encourage new development that respects neighborhood character and provides
pedestrian and bicycle linkages to schools, shopping areas, and parks.
4. The project is consistent with Conservation and Open Space Element Policy 3.6.9,
which requires the City to preserve and rehabilitate City -owned historic adobes
through techniques that help fund rehabilitation and adaptive reuse.
5. The Cultural Heritage Committee (CHC) reviewed the project on October 28, 2024,
and found the project to be consistent with the City’s Historic Preservation
Ordinance, with recommendations to add interpretive signage explaining the
history and significance of the adobe and site.
6. The Architectural Review Commission (ARC) reviewed the project on November
18, 2024, and found the project to be consistent with the Community Design
Guidelines, with the recommendation for two modifications to the design of the
project.
7. The requests for a concession for a reduction of site development standards to
reduce the required vehicle parking to provide 4 vehicle spaces where 29 are
normally required, and to reduce the required bicycle parking to provide 26 bicycle
spaces where 45 are normally required, are necessary to facilitate the production
of affordable housing units in accordance with Density Bonus Law and consistent
with the intent of Housing Element programs 2.17, 6.10, 6.11, and 6.19, and the
alternative affordable housing incentives outlined in Section 17.140.070 of the
Zoning Regulations.
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
Page 538 of 717
Resolution No. PC-1093-24
ARCH-0329-2022 and EID-0637-2022
466 Dana Street
Page 17
include additional requirements applicable to the project. The Planning Commission
hereby grants final approval to the project with incorporation of the following conditions:
Planning Division
1. Compliance with Conditions. 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-0329-2022). 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 listed items as to where in plans
requirements are addressed. Any change to approved design, colors, materials,
landscaping, or other conditions of approval must be approved by the Director or
Architectural Review Commission, as deemed appropriate.
2. Demolition of Structures Older than 50 Years . Demolition of portions of the existing
building shall not commence until a permit has been issued by the building official.
The applicant shall comply with Municipal Code Chapter 15.04 Construction and
Fire Prevention Regulations, Appendix Chapter A2 Demolition and Moving of
Buildings.
3. Colors and Materials. Plans submitted for a building permit shall call out the colors
and materials of all proposed building surfaces and other improvements. Colors and
materials shall be consistent with the color and material board submitted with the
Development Review application. The color of the exterior siding shall match that of
the updated renderings presented to the Planning Commission. All color and
materials in final permit drawings shall be subject to the satisfaction of the
Community Development Director.
4. Number of Parking Spaces. The applicant has been granted a concession to reduce
the number of required parking spaces under State Density Bonus law. The number
of parking spaces to be provided are 4 vehicle spaces and 26 bicycle spaces.
5. Bicycle Parking. Plans submitted for a building permit shall clearly depict the location
of all required short and long-term bicycle parking for all intended uses, as well as
requiring e-bike charging access in the long-term parking area. Plans shall show all
areas designated for long-term bicycle parking such as bicycle lockers, interior
spaces, or storage rooms. Short-term bicycle racks shall be consistent with the City
Active Transportation Plan Design Guidelines and feature “hi -low style” campus
racks (such as “Peak Racks”) or City-approved equivalent (inverted “U” rack designs
shall not be permitted) and shall be installed in close proximity to, and visible from,
the main entries into the buildings. Sufficient detail shall be provided about the
placement and design of bike racks, lockers, and interior spaces to demonstrate
compliance with relevant Engineering Standards and Community Design Guidelines,
to the satisfaction of the Public Works and Community Development Directors.
6. Lighting Plan. Plans submitted for building permit shall include a photometric plan,
Page 539 of 717
Resolution No. PC-1093-24
ARCH-0329-2022 and EID-0637-2022
466 Dana Street
Page 18
demonstrating compliance with maximum light intensity standards not to exceed a
maintained value of 10 foot-candles. The locations of all lighting, including bollard
style landscaping or path lighting, shall be included in plans submitted for a building
permit. All wall-mounted lighting fixtures shall be clearly called out on building
elevations included as part of working drawings. All wall -mounted lighting shall
complement building architecture. The lighting schedule for the building shall include
a graphic representation of the proposed lighting fixtures and cut -sheets on the
submitted building plans. The selected fixture(s) shall be shielded to ensure that light
is directed downward consistent with the requirements of the City’s Night Sky
Preservation standards contained in Chapter §17.70.100 of the Zoning Regulations.
7. Site Maintenance. The storage area for trash and recycling cans shall be screened
from the public right-of-way consistent with §17.70.200 of the Zoning Regulations.
The subject property shall be maintained in a clean and orderly manner at all times,
free of excessive leaves, branches, and other landscape material. The applicant
shall be responsible for the clean-up of any landscape material in the public right-of-
way.
8. Landscaping. The applicant shall submit a landscaping plan containing an irrigation
system plan with submittal of working drawings for a building permit. The legend for
the landscaping plan shall include the sizes and species of all groundcovers, shrubs,
and trees with corresponding symbols for each plant material showing their specific
locations on plans. The surfaces and finishes of hardscapes shall be included on
the landscaping plan. All tree preservation requirements and tree plantings shall
comply with the conditions herein from the City Arborist.
9. Fences. Plans submitted for construction permits shall include elevation and detail
drawings of all walls and fences. Fences, walls, and hedges will comply with the
development standards described in the Zoning Regulations (§17.70.070 –Fences,
Walls, and Hedges).
10. Backflow Preventer. The location of any required backflow preventer and double -
check assembly shall be shown on all site plans submitted for a building permit,
including the landscaping plan. Construction plans shall also include a scaled
diagram of the equipment proposed. Where possible, as determined by the Utilities
Director, equipment shall be located inside the building within 20 feet of the front
property line. Where this is not possible, as determined by the Utilities Director, the
back-flow preventer and double-check assembly shall be located in the street yard
and screened using a combination of paint color, landscaping and, if deemed
appropriate by the Community Development Director, a low wall. The size and
configuration of such equipment shall be subject to review and approval by the
Utilities and Community Development Directors.
11. Noise Compliance. The design of proposed structures shall incorporate noise
attenuating construction techniques that reduces noise exposure to acceptable
levels. Exposure in outdoor activity areas must not exceed 65 dB and indoor
exposure must not exceed 45 dB consistent with the City’s Noise Ordinance. Plans
Page 540 of 717
Resolution No. PC-1093-24
ARCH-0329-2022 and EID-0637-2022
466 Dana Street
Page 19
submitted for construction permits must clearly indicate and describe noise
attenuation measures, techniques, and materials, and demonstrates their
compliance with noise levels limits.
12. Signage. Prior to final occupancy, interpretive historical signage shall be installed to
the satisfaction of the Community Development Director. The interpretive signs shall
reflect all periods of significance and the cultural narrative of the site. The layout,
content, and narrative of the interpretive signage shall be prepared by a qualified
historic consultant and reviewed by the Cultural Heritage Committee.
13. Expiration of Entitlement. If the required building permits are not submitted for the
site development within three years of this discretionary action, the approval shall
expire. Requests for renewals may be granted in conformance with §17.104.070.
Housing Programs – Community Development Department
14. Affordable Housing Agreement. Prior to issuance of building permits, the City and
the applicant shall enter into an Affordable Housing Agreement, to be recorded in
the office of the county recorder. The agreement shall specify mechanisms or
procedures to assure the continued affordability and a vailability of the residential
units to low-income households, to the satisfaction of the Community Development
Director.
Engineering Division – Public Works/Community Development
15. The building plan submittal shall include a complete site plan with all property lines,
dimensions, easements, survey monumentation, public rights -of-way, and existing
improvements for reference. The plans shall include the most current Boundary
Survey summary and Record of Survey prepared by MBS Land Surveyors. The
property line identifications shall correctly show and label the northerly property line,
if the deed calls are to the centerline (thalweg) of Stenner Creek in accordance with
the latest Record of Survey.
16. The building plan submittal shall show all existing private or public easements,
including any shared driveway easement/agreement. The submittal shall provide
copies of easements if not otherwise included as embedded links in a Preliminary
Title Report.
17. The building plan submittal shall show and reference any existing improvements to
remain, including any encroachments of site, structure, or utility improvements from
the adjoining properties. The site/civil plans shall show and reference the “sliver”
parcel and related survey monumentation for reference.
Page 541 of 717
Resolution No. PC-1093-24
ARCH-0329-2022 and EID-0637-2022
466 Dana Street
Page 20
18. The building plan submittal shall include a complete site development plan showing
all existing and proposed public and private improvements including utility
identification and abandonments.
19. A pre-construction meeting shall be scheduled by the developer prior to the
commencement of any construction activities including but not limited to demolition,
construction staging, site preparation, or tree removals/pruning. The inspection shall
include the contractor(s) of record, building, public works, and stormwater inspectors,
City Arborist, project planner, and City Natural Resources Manager or City Biologist.
20. The applicant/contractor shall provide written notice to the neighboring property
owner and tenants located at 460 -464 Dana 90 days prior to commencing with
construction that could affect their access. A copy of said notice shall be provided to
the City Planning Division. If the original notice only includes a general schedule, a
separate notice(s) with detailed access closures, etc. shall be provided a minimum
of 10 days prior to any closure.
21. A separate encroachment permit will be required for all work or construction staging
within the public right-of-way.
22. Any sections of damaged or displaced curb, gutter, and/or sidewalk shall be repaired
or replaced to the satisfaction of the Public Works Department. The plans shall show
or note the limit of the known sidewalk replacement. All or portions of the existing
detached/parkway sidewalk improvements may need to be replaced with integral
sidewalk per City Engineering Standards. The applicant shall contact the
Engineering Division to coordinate a detailed site walk to clarify the limits and types
of improvements to be shown in the building plan submittal.
23. The details of the existing driveway approach, if proposed to remain, shall be
included in the plan submittal. If proposed to remain, a design exception may be
required to the approval of by the City Engineer.
24. The plans shall show and label all existing frontage improvements and utilities
located along the Dana Street frontage. Additional clarification may be required to
determine whether one or more sewer laterals may exist along the parcel frontage.
The plans shall identify the 1” pipe/valve that is located within the parkway. The
valve and any piping shall be abandoned or upgraded per City Engineering
Standards to the satisfaction of the City Engineer.
25. The site plan shall provide any additional information or discovery on the abandoned
piping system and improvements located near the top of creek bank. The plans and
reports shall clarify where the existing or former private waste disposal system,
septic tank, and/or leach fields might exist. If not discoverable or if records of their
Page 542 of 717
Resolution No. PC-1093-24
ARCH-0329-2022 and EID-0637-2022
466 Dana Street
Page 21
abandonment do not exist, the plan shall include notes to provide direction to the
contractor(s) on the steps to take upon any discovery of a former private waste
system.
26. The site plan shall show all existing buildings and improvements along with the
proposed disposition. Neighboring structures and site improvements shall be shown
for 464 Dana for reference. Show all existing and proposed parking areas and
compliance with the Parking and Driveway Standards.
27. The site plan shall show and label the existing sections of historic granite curbing (2
sections) leading into the existing unimproved parking area. The plan and reports
shall clarify the proposed disposition or re -use of the granite. If not proposed or
conditioned for use within the site, these sections shall be retained as City property.
28. The site plan shall show the location of the solid, recycle, and green waste container
storage areas per City Standards and guidelines. The solid waste container
placement in the public right-of-way shall be shown and noted on the plans to the
satisfaction of the Public Works Department and San Luis Garbage Company.
Special curb painting or other strategy may be required to accommodate the weekly
placement and pick-up of the containers to the satisfaction of the City.
29. Provide a complete and accurate site plan showing all existing and proposed utilities,
and utility abandonments. The plan shall show and label both the existing overhead
electrical service and separate tele -com wiring service drops for reference. The plan
shall clarify that all wire services to the existing and proposed units shall be
underground. Provide a proposed utility plan for reference. The plan should show
and note that all wire services to the new campus shall be underground. The
utility/demolition plans shall show the existing gas service and note the termination
at the gas main in accordance with City and Gas Company standards.
30. The PGE preliminary memo and final handout package shall be reviewed and
approved by the City prior to commencing with the pertinent construction. The
undergrounding of the electrical service and tele -communication wiring shall be
accomplished without a net increase in utility poles located within the public right-of-
way unless specifically approved by the Community Development Director.
31. The plans and reports shall clarify the proposed and required fire sprinkler system(s)
to the satisfaction of the Building Division and Fire Department. The residential
systems shall be in accordance with City Standards and the pertinent NFPA
Standards. Unless an amended underground is approved for a 2” service lateral,
the plans and related standard references shall be amended. Likewise, if a 2”
underground service is endorsed, the plans shall reference the appropriate 2” fire
service standard.
Page 543 of 717
Resolution No. PC-1093-24
ARCH-0329-2022 and EID-0637-2022
466 Dana Street
Page 22
32. The final foundation design shall show and note compliance with the California
Building Code for vertical and lateral loading, tree preservation
requirements/strategies, and the Floodplain Management Regulations.
33. Provide a preliminary grading and drainage plan for reference. Include some
analysis of the adjoining upslope watershed to clarify whether run -on is expected in
non-flood storm events. The project shall show how any run -on will be accepted and
conveyed in a non-erosive manner to an approved outlet.
34. The plans and submittal shall show and note compliance with the Drainage Design
Manual (DDM), the Floodplain Management Regulations, and the Post Construction
Stormwater Regulations (PCR’s).
35. The preliminary drainage report shall include a response to the bulleted items in
Section 2.3.1 of the DDM. This area may be considered part of the in -fill area of
downtown. The report may still need to consider the project impacts on existing and
proposed flooding depths and velocities in accordance with the Floodplain
Management Regulations and FEMA requirements. The report may need to be
expanded to analyze and clarify the difference in flood storage volume, worst -case
pre vs. post cross-section, and analysis of the ultimate foundation design.
36. The plans and reports shall show and note the Base Flood Elevation (BFE) in
accordance with the FIRM and FIS. The plans and reports shall clarify the strategy
for elevating the new structures and building service equipment at least 1’ above the
BFE. Additional freeboard beyond the proposed 1.1 foot is recommended to avoid
conflicts based on normal construction tolerances and to improve the resiliency of
the campus. The detailed plans for the units shall be provided in conjunction with
this analysis to confirm whether any additional freeboard/protections are required for
building service equipment, ducting, envelope insulation, etc. in accordance with
FEMA standards. Depending upon the final design and analysis, the certification of
the design elevation of the foundation system/finish floor may be required prior to
foundation inspection approvals.
37. The plans and project description should clarify the scope of work and proposal for
the remodel of the existing residence to remain. Show the finish floor elevation of
the adobe structure compared to the Base Flood Elevation. Show and note
compliance with the regulations for the proposed remodel/adaptive reuse of the
existing historic structure and how structures that are substantially remodeled and/or
substantially damaged comply with the current regulations. This Master List Historic
structure is considered to be exempt from these provisions if the structure remains
as master listed after the remodel. Any new building service equipment or utility are
not exempt from compliance with the regulations and protection from flood damage.
Page 544 of 717
Resolution No. PC-1093-24
ARCH-0329-2022 and EID-0637-2022
466 Dana Street
Page 23
Some passive protections or “dry” floodproofing are recommended for the existing
structure to remain.
38. The final drainage report shall show and note compliance with the PCR’s. Provide
a completed checklist and supporting plans and exhibits that document the existing
and proposed impervious areas, performance requirements, and proposed
performance strategies. The analysis shall include a detail of all existing and
proposed impervious surfaces. Unless otherwise exempt, the plan and analysis shall
include the square footage of all new or altered “impervious” walkways, ramps, deck
structures, parking areas, and drive aisles. The plans and report shall clarify how
the DMA-A2 drainage area that has run-off directed toward Dana Street will be
treated for Performance Requirement 2 (PR-2), water quality.
39. The building plan submittal shall include the complete site plan and tree survey.
Show and note the diameter and species of each tree. Include a summary of trees
to be removed, relocated, or retained along with any pertinent tree protection
measures. The plan shall show and label any off-site trees that have tree
canopies/root zones that could extend into this campus and could be affected by the
proposed construction. The plans and reports shall include all tree protection notes
and improvements to the satisfaction of the consulting arb orist and City Arborist.
City Arborist – Public Works
40. The project shall replant, at a minimum, one tree for every tree removed. All trees
replanted shall be 15-gallon or 24-inch box trees. If the compensatory trees cannot
be accommodated onsite to the satisfaction of the City Arborist, they will be required
at a 2:1 rate offsite. Tree species and size selections are also subject to City Arborist
approval.
41. Street trees are required at a minimum rate of one (1) 15 -gallon street tree for each
35 linear feet of frontage. The plans shall show all existing and proposed street trees.
Tree species selections are subject to City Arborist approval.
42. All compensatory trees shall be planted per the City’s Engineering Standards for tree
planting prior to final building inspection. All trees planted as part of a compensatory
plan shall survive and any trees that do not survive or establish in good health shall
be replanted.
43. The building plan submittal shall show all existing trees to be removed and trees to
be retained. The plan shall show any neighboring trees with canopies/root zones
within the area of construction disturbance. Tree protection measures shall be shown
and noted on the building plans in accordance with the Tree Assessment (December
15, 2023) to the satisfaction of the City Arborist.
Page 545 of 717
Resolution No. PC-1093-24
ARCH-0329-2022 and EID-0637-2022
466 Dana Street
Page 24
44. In accordance with the Construction Best Practices outlined in the Tree Assessment,
the Project Arborist shall review and approve the proposed tree protection measures
prior to commencing with any demolition, grading, or construction. The Project
Arborist shall approve any safety pruning, the cutting of substantial roots (greater
than 2-inches in diameter), or grading within the dripline of trees. A city -approved
arborist shall complete pruning using ISA best practices. All required tree protection
measures shall be shown or noted on the building plans.
45. A substantial amount of work will be taking place in the critical root zone of both a
30-inch DBH and 36-inch DBH Coast Live Oak. Additional tree protection measures
need to be put in place to protect the critical root zone to the satisfaction of the City
Arborist. This could include the use of plywood or the application of thick mulch to
minimize compaction to the critical root due to foot traffic or construction equipment.
The Project Arborist shall be onsite to monitor any digging, or boring taking place in
the critical root zones of any trees to be protected.
46. Consider removing the 37-inch DBH Avocado, shown as protected in the Tree
Assessment Report. Avocados are known for their shallow and sensitive root
systems. The grading for the ADA parking could send the tree into decline. Older
trees can be considerably more sensitive to damage than younger trees. The tree’s
canopy will also need to be cut back to prevent avocados from falling the parking lot
area. This loss of canopy will also negatively affect the tree’s ability to recover from
damage to or loss of its critical root zone.
47. California Fish and Game Code Section 3503.5 and the Migratory Bird Treaty Act of
1972 prevents the removal of trees with active nests. To account for most nesting
birds, removal of trees should be scheduled to occur in the fall and winter (between
September 1st and January 31st) and after the young have fledged. If removing trees
during the nesting season (February 1st to August 31st), a qualified biologist shall
inspect any trees marked for removal that contain nests to determine if the nests are
active. If there are active nests, trees shall not be removed and may only be removed
once a qualified biologist provides a confirmation memo that breeding / nesting is
completed, and young have fledged the nest prior to removal of the tree to the
satisfaction of the Community Development Director or City Biologist.
48. A final landscaping plan, including irrigation details and plans, shall be submitted to
the Community Development Department along with working drawings. The legend
for the landscaping plan shall include the sizes and species of all groundcovers,
shrubs, and trees with corresponding symbols for each plant material showing their
specific locations on plans.
Natural Resources – Office of Sustainability
49. Nesting Birds. All tree removals associated with development at the project site shall
be scheduled to occur outside of the typical nesting bird season (February to
September), to avoid potential impacts to nesting birds in accordance with
Page 546 of 717
Resolution No. PC-1093-24
ARCH-0329-2022 and EID-0637-2022
466 Dana Street
Page 25
Government Code Section 3503 and 3505.5.
50. Sediment and Erosion Control Plan. Plans submitted for a building permit shall
include a sediment and erosion control plan that protects the creek banks and
channel from erosion and prevent sedimentation of the creek near and downstream
from the site. Current Best Management Practices (BMP) should be utilized.
Washing of concrete, paint, tools, or equipment shall occur only in areas where
polluted water and materials can be contained and removed from the site.
51. Construction Buffer. Prior to construction activities of any new structures in areas
within 20 feet of the channel, a setback area of 5-feet from the outer edge of riparian
vegetation will be fenced with orange construction fencing and signed to prohibit
entry. To control sedimentation during and after project implementation, sil t fencing
shall be installed adjacent to, and outside the orange construction fencing. Once
construction in the 20-foot setback is complete, the fencing may be removed.
52. Construction Site Maintenance. During construction, no litter or construction debris
shall be placed within the setback. All such debris and waste will be picked up daily
and properly disposed of at an appropriate site. In addition, all project -generated
debris, building materials, and rubbish will be removed from the setback and from
areas where such materials could be washed into the channel.
53. Construction Activity. All refueling, maintenance, and staging of equipment and
vehicles shall occur at least 50 feet from the channel and in a location where a
potential spill would not drain directly toward the channel. Prior to the onset of work
activities, a plan will be in place for prompt and effective response to any accidental
spills.
54. Creek Preservation. Plans submitted for a building permit shall not include any
improvements, modifications, or grading within the top of bank of the creek channel.
Utilities Department
55. The building permit submittal shall include a site utility plan showing the size of
existing and proposed sewer and water services. The proposed utility infrastructure
shall comply with the latest engineering design standards effective at the time the
building permit is obtained and shall have reasonable alignments needed for
maintenance of public infrastructure along public roads. All residential units are to
be individually metered, with the possibility to consider submetering feasibility,
subject to the approval of the Utilities Director. Backflow preventors shall be provided
for the domestic and landscape (if required) water meters, to the satisfaction of the
Utilities Director. Fire flow service shall pass through a double -check backflow
device.
56. The building permit submittal shall include a final landscape design plan and
irrigation plan and shall identify the square footage of landscaping proposed as part
of the project. If greater than 500 square feet, applicant shall provide a Maximum
Page 547 of 717
Resolution No. PC-1093-24
ARCH-0329-2022 and EID-0637-2022
466 Dana Street
Page 26
Applied Water Allowance (MAWA) calculation. The project’s estimated total water
use (ETWU) to support new ornamental landscaping shall not exceed the project’s
maximum applied water allowance (MAWA). If the project includes one thousand
square feet of landscaping or greater, the project shall provide a separate city -owned
landscape water meter.
57. Plans submitted for a building permit shall comply with the City’s Development
Standards for Solid Waste Services. Plans shall show the location and size of the
bin enclosure(s) that can store the required containers for waste, recycling, and
organics. Plans shall show the location of the discarded materials containers during
pickup if different than the location of the proposed enclosure(s). Provide a copy of
the service review letter from San Luis Garbage within the plan set.
58. Potable city water shall not be used for major construction activities, such as grading
and dust control. Recycled water is available through the City’s Construction Water
Permit program.
Fire Department
59. Plan sets shall include a separate sheet/s titled F identifying the following fire and
life safety features for the specific project. Site or Civil work involving water supply
information, underground fire line size and location, fire apparatus access and turn-
arounds, location of public/private fire hydrants, fire lanes, location of backflow
device, fire department connection, maximum grade and cross slope, and other
information pertinent to the site. An architectural drawing showing location of fire
sprinkler riser, fire alarm control panel, Knox Box, address numbers, suite numbers,
exiting plan, exit signs, emergency lights, fire extinguishers, door/hardware
schedule, duct detectors, elevator/shaft information, high piled storage areas, trash
locations, required signage, location of exterior awnings, or any other pertinent
information pertaining to the project.
60. Sheet/s titled F shall contain a fire department NOTES section containing
requirements for the individual project. Comments or notes which have been cut and
pasted from previous projects which do not pertain to, or contain wrong information
for, the project being reviewed will be returned for correction and cause a delay in
the plan review process. An example of a standard note might include (Buildings
undergoing construction shall maintain fire safety at all times and shall be in
accordance with Chapter 33 of the 2022 California Fire Code). Notes should also
include any deferred submittal items such as fire protection systems or rack storage.
Be mindful that all code references shall be to current code editions.
Indemnification
61. Indemnification. 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
Page 548 of 717
Resolution No. PC-1093-24
ARCH-0329-2022 and EID-0637-2022
466 Dana Street
Page 27
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 Commissioner Tolle, seconded by Commissioner Jorgensen, and on
the following roll call vote:
AYES: Commissioner Flores, Commissoner Jorgensen, Commissioner Kahn,
Commissioner Tolle, Vice Chair Houghton, and Chair Cooley
NOES: None
REFRAIN: None
ABSENT: Commissioner Munoz-Morris
The foregoing resolution was passed and adopted this 11 th day of December, 2024.
____
Tyler Corey, Secretary
Planning Commission
Page 549 of 717
Page 550 of 717
Waterman Village Appeal
466 Dana Street (ARCH-0329-2022, EID-0637-2022)
March 4, 2025
Subject
Review appeal of a Planning Commission decision to approve the
Waterman Village project at 466 Dana Street proposing the
construction of 20 low-to very-low income homes and rehabilitation of
the historic Rosa Butrón Adobe (ARCH-0329-2022, EID-0637-2022)
Recommendation
Adopt a Draft Resolution entitled, “A Resolution of the City Council of
the City of San Luis Obispo, California, denying an Appeal of the
Planning Commission’s decision approving the Waterman Village
Project (ARCH-0329-2022, EID-0637-2022)”
Project Summary
•Applicant, Smart Share Housing Solutions (SSHS),proposing 20 very-low to low income
affordable homes ranging in size from 220 to 264 square feet.
•Project includes:
•The construction of 20 permanent, small single-occupancy dwellings on raised
foundations, with elevated walkways connecting the units.
•Request for a concession pursuant to Density Bonus law for reduced parking.
•Rehabilitation of Adobe including demolition of portions of the rear of building.
•Removal of 12 trees with a compensatory planting plan, and Mitigated Negative
Declaration has been prepared to address the potential environmental effects of the
project, pursuant to CEQA.
Background
•The City has owned the property since 1989, after acquiring as a gift
from Ms. Mary Gail Black, reserving a life estate to the prior occupant.
•Grant Deed includes both requests and restrictions for property and is
specific regarding what the City "agrees" to and what the City is
"desirous" of doing.
•The specific language of the request is "...that the adobe and two
adjoining wings that make up the old house, and the trees on that
property be maintained by the city for park or recreational purposes“.
Background
•The City provides basic maintenance and
upkeep to the property.
•The adobe is vacant and at risk of ongoing
deterioration and threats to its long-term
preservation.
Background
•On March 6, 2020, at the direction of Council, Request for Interest was issued
seeking community partners to rehabilitate and re-use the Adobe in accordance with
guidance in the General Plan.
•In September 2021, Council approved an Exclusive Negotiating Agreement (“ENA”)
with Smart Share Housing Solutions and the Peace Project.
•City Council approved an Amended and Restated ENA in February 2024 with Smart
Share Housing Solutions only.
Background
•ENA requires Smart Share to achieve project environmental and
planning approvals, and demonstrate full project financing, before
lease is executed with the City and construction can begin.
•Lease must be approved by City Council, prior to construction and
use of property.
Previous Review
•Cultural Heritage Committee held a public hearing on October 28, 2024
•Project was found consistent with Historic Preservation Ordinance, with
recommendations regarding: signage and historic significance. 4-3 vote
•Architectural Review Commission held public hearing on November 18,
2024
•Project was found consistent with Community Design Guidelines, with
recommendations regarding: site furnishings, color, and project sequencing.
Unanimous vote
Planning Commission Decision
Commission unanimously adopted the Draft Resolution which:
•Adopted Initial Study/Mitigated Negative Declaration of Environmental Impact
prepared pursuant to CEQA.
•Determined that the City’s action on the subject property to authorize and/or
construct buildings or structures for the purposes of developing affordable housing
is consistent with the General Plan.
•Approved the proposed project.
•Made minor changes to conditions of approval to add utility submetering and
requiring e-bike charging access.
Appeal Received
Timely appeal filed on December 20, 2024
•Claims that restrictive covenants in the Grant Deed require the property to be
used solely as a park for recreational uses only.
•Claims that any uses outside of a park or recreational uses exceed authorized
powers of the City.
•Claims that the project’s proposed use violates the covenants and/or conditions of
the Grant Deed and City Council resolution of acceptance.
Staff Response
Staff conducted thorough review of appeal points and relevant documents and
policies.
•Grant Deed makes “the request that the adobe and two adjoining wings that make
up the old house, and the trees on that property be maintained by the city for park
and recreational purposes”.
•Request is different from the 7 enforceable covenants of the deed.
Staff Response
•Project honors the request in the following ways:
•Restores the adobe and preserves it for future generations.
•Preserves the park-like setting of property, retaining a majority of mature trees
•Provides signage explaining historical significance of the site
•Incorporates site elements for public engagement and interaction
Council could direct staff or the applicant to ensure further accessibility of the
property to the public for park/recreational purposes.
Staff Response
•Save the Welwood Library vs. Palm Springs
•Grant deed in this case contained express agreements and conditions.
•Planning Commission approval does not constitute an ultra vires act.
•Aller vs. Berkeley Hall School Foundation
•Grant deed contained express material restrictions in deed.
•Grant deed for 466 Dana does not include express material restrictions regarding a park, and
even the request in the deed speaks to specified features on the property (i.e., adobe and trees).
•County of Solano vs. Handlery
•County in this case claimed that their property was unrestricted by express restrictions in grant
deed. Here, the City has complied with all express covenants and conditions and is working with
applicant to honor requests specific to the adobe and trees on the property to the extent
practically feasible.
Staff Response
•Based on review of the Grant Deed, it is clear that the grant deed makes a request
that the property be used for park or recreational purposes.
•The proposed project meets the intent of this request, and it is not an exclusive
restriction placed on the property.
•Staff and the City Attorney’s Office have concluded that the cases presented are not
applicable to the facts of the appeal.
•Staff and the City Attorney’s office recommend that Council deny the appeal and
uphold the Planning Commission’s approval of the project.
Next Steps
If Planning Commission approval is upheld:
•Applicant must meet ENA requirements prior to entering into lease with City.
•Staff will seek Council direction regarding negotiating lease terms.
•Lease to be approved by City Council at a future public meeting prior to
construction and use of property.
Recommendation
Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of
San Luis Obispo, California, denying an Appeal of the Planning Commission’s
decision approving the Waterman Village Project (ARCH-0329-2022, EID-0637-
2022)”
Appeal Language
On December 17, 2024, Stephen Barasch, AIA, Ph.D., on behalf of the San Luis Obispo Property and
Business Owners Association (SLOPBOA), timely filed an appeal of the Planning Commission’s decision
(Attachment C). The reasons for the appeal were stated as follows:
•“There is a Restrictive Covenant in the Original Deed requiring the 466 Dana Street Property to be used
solely as a park for Recreational Uses only.”
•“The 466 Dana Street property was given to the City of San Luis Obispo in “Public trust” to be used as a
“Park” or for Recreational Uses only.”
•“Any use(s) outside of a “Park” or “Recreational” uses must be considered as a “Ultra Vires Act” and is
generally considered void meaning and is completely null and has no legal effect as it exceeds the
authorized powers of a City, therefore it cannot be enforced in any court.”
•“Recent legal cases including but not limited to the Court of Appeals Fourth District Division 2, California
in the Save the Welwood Murray Memorial Library Com v. City of Palm Springs (215 Cal. App. 3rd 1003,
263 Cal. Rptr. 896 Nov 16, 1989.)”
•“The present proposed use violates the Adopted City Council Resolution of October 4, 1988.”
Cultural Heritage Committee Findings
•Project was found to be consistent with the Historic Preservation Ordinance with the following
recommendations:
1.Evaluate the period of significance in the Historic Resources Report for the potential that the historic period
of significance extends to 1989.
2.Evaluate the potential that the site is believed to have been the original location of Mission San Luis Obispo
from 1775 to 1788.
3.Include requirements for construction staff training for the possibility that burial sites and artifacts may be
encountered from the Mission era.
4.Include historical signage that reflects all periods of significance and the cultural narrative of the site.
Responses to CHC Recommendations
•Mitigation measure CR-6 in archaeological monitoring plan – updated to include potential of
encountering Mission era artifacts
•Historic Resources Evaluation Report (HRER) updated to include the possibility that an early site of
Mission San Luis Obispo was located on or within the vicinity of the property
•Environmental consultant did not recommend extension of period of significance
•Condition of approval added to require interpretive signage, to be approved by CHC
Architectural Review Commission Findings
•Project was found to be consistent with the Community Design Guidelines with the following
recommendations:
1.Prioritize the adobe remodel before the new construction.
2.Recommend that the exterior color of the new buildings be gray or a darker color than the adobe.
3.Add on-site amenities, such as benches and tables and chairs, to provide more resident community spaces.
4.Include more short-term bike parking for visitors to the property.
Environmental Review
•Draft Initial Study and Mitigated Negative Declaration prepared for project
•Finds that no significant impact will occur with mitigation measures incorporated
•IS/MND has been formally adopted and filed with the State
Responses to ARC Recommendations
•In response to direction provided by the ARC, the applicant changed the paint color on the new residential
units to a darker gray color, and incorporated benches and tables on the site plan.
General Plan Consistency
•Housing Element Policy 6.11 – residential development in Downtown Core with reduced or no
parking requirements
•Housing Element Policy 7.1 – new development that respects neighborhood character
•Land Use Element Policy 2.4.2 – requires City to approve density bonus for projects in the
Downtown Core, especially those that include affordable housing
•Conservation and Open Space Element Policy 3.6.9 – requires City to preserve and rehabilitate
City-owned historic adobes through adaptive reuse
Consistency with Zoning Regulations
•The project is consistent with all development standards in the Zoning Regulations, except for vehicle
and bicycle parking standards
•Applicant is requesting a concession to these standards under state Density Bonus law.
Density Bonus Concessions Request
•Applicant is proposing 4 vehicle spaces, which is a reduction from 29 required spaces
•Applicant is proposing 26 bicycle spaces, which is a reduction from 45 required spaces
•Planning Commission is required to grant the concession unless it can make specific findings
regarding cost or health and safety impacts
Parking Options
•Dana Street Residential Permit District
•Downtown Monthly Permit Program – overnight parking at 10 hour meters or City parking garages
•Cultural Arts District Parking Structure - 397 vehicle spaces, 32 bicycle parking spaces
Creating Housing Solutions by Connecting
People and Homes
Since 2017 SmartShareHousingSolutions.org
Project possible
only with local,
volunteer team
& more than
200 project
donors!
Thank you!
Site Plans & Elevations
Costs of car ownership
https://www.nytimes.com/2023/09/22/your-money/car-ownership-
costs-increase.html
Property Values & the Myth of Declining Property Values
National Association of Realtors:
https://www.nar.realtor/effects-of-low-income-
housing-on-property-values
Deed Restrictions & Terms of Donation
3 Terms of Donation Request
1.Adobe: “Adobe & 2 adjoining
wings “that make up the old house…
be maintained by the city for park or
recreational purposes”
2.Trees: “maintained by the city for
park or recreational purposes”
3.Project name,Black’s partner
Mildred Waterman: “Mildred
Waterman’s name be included in
any name that the city gives to this
park area”
Tree Preservation–Front Canopy Maintained
Original project proposal for Mildred Waterman Village Park
●Historic preservation and adaptive re-
use of the existing structure with no
maintenance cost to the City: Smart Share
would renovate and maintain the Rosa
Butron de Canet Adobe
●Community park with access to the
historic structure
●Preservation of the historic on-site trees:
●Low income affordable housing units:
●Green building and resource
conservation pilot educational project
●Tourism promotion through site
educational tours and activities:
Density: Dana St. R-3 Multi-family Neighborhood
Density: Dana St. R-3 Multi-family Neighborhood
Rosa Butron de Canet Adobe Rehab: Current Status
Further deterioration & attractive nuisance not in public interest
Profile of the
Daily Telegraph
A story of San Luis Obispo
1921-23
Mary Gail Black
What do you know?“...the encounters with the different people I
met over and over through the day took some
getting used to…I was shy at first.Once I had
met,greeted,and questioned them,I tried to
ignore them the second time I saw one of
them.But there was not great traffic on the
downtown streets,and I could not look away.
Soon I learned,and was greeting each of
them in the afternoon with my question,
‘What do you know?’
even if I had asked it in the morning.”
“Adobe buildings
of an earlier time
were now
scorned for brick
and plaster”
Profile of the Daily Telegraph: A story of San Luis Obispo 1921-23
Mary Gail Black
Rosa Butron de Canet Adobe Rehab
Black meets lifelong friend Waterman 1921
Site Plans & Elevations: Rooflines
OddFellows Hall
Events for up to
375 persons
46 parking spaces
off street lot
Density: OddFellows Meeting Hall (adjacent parcel)
●13 cottages of 226 to roughly 600 square
feet; compatible & compliment adobe
○7 duplexes/ 6 single cottages
○2 homes fully ADA accessible
○All ADA accessible ramp access
Cottage Homes: Types/sizes
Cottage Homes: Types/sizes
Type of housing
●Permanent–not
transitional
●Fully contained–
cooking, bathing &
living
●Utility hook-ups–
standard
●Permanent
foundations
*Demo cottage interior
representation of home
What Waterman Village Is & Is Not: Permanent vs. Temporary
What is Waterman Village?
●20 permanent, below-market rate homes, built
on foundations, each with full bathing, kitchen
and laundry facilities
●A group of efficient small homes (220-260
square feet) and a neighborhood park around
a restored historic adobe that serves as a
gathering center for residents (14 attached and
6 detached)
●A cultural heritage center that models
sustainable living practices, encourages
community interactions through walking and
bicycling, and provides residents and the
community a calm, shaded neighborhood park.
●The all-electric, high efficiency homes and the
adobe with city utilities, along with solar
generating capacity to meet or exceed
California codes.
What Waterman Village is NOT:
●Temporary homeless shelter
●Social services hub
●A no barrier community where
anyone can live; background checks &
qualifications for residency required
●Off-grid cabins without adequate
utility infrastructure
●Unsupervised–management offices &
on-site resident manager
Addressing Site Opportunities & Constraints
Design Incorporation:
●Homes above floodplain; 20 ft. riparian
setback
●Majority of trees maintained & minimally
invasive helical coil foundation
●Adobe rehabilitation
●Front setbacks >40 ft; side 6 ft.
●Shared side driveway & out of easement
●Meets terms of donation to City
●4 neighborhood meetings: incorporated
neighbor requests
Site Opportunities & Constraints:
●Creek Floodplain & Stenner Creek
setbacks
●Abundant Tree Canopy
●Historic Resource: Rosa Butron de Canet
Adobe
●Front and side setbacks & easements
●Shared side driveway
●Terms of donation to City
●Neighbor input–4 meetings & all doors
Parking and Walkability
https://dot.ca.gov/-/media/dot-
media/programs/research-innovation-system-
information/documents/final-reports/ca18-2465-
finalreport-a11y.pdf
Rosa Butron de Canet Adobe: Community Hub
PARLOR
Community
Kitchen
ADA
Restroom
Office
Office
Right Project, Right Density, Right Place, Right Time
Photo/graphic WHAT?
Compatible & Complimentary Infill. Thank you for your approval tonight
Optional-Density
Benefits for the community:
●Enhanced community & socialization
●Preserve majority of on-site trees
●Open up adobe for public access &
shed light on the unique history held
within
●A beautiful, centrally located place for
San Luis Obispo residents of limited
means who want to live simply, in
community, and car-free near
downtown
●Sustainability showplace & education
center
Helps SLO City Meet Its Goals:
●Affordable Housing & Homeless
prevention
●Climate action, open space &
sustainable transportation
●Diversity, equity & inclusion
●Economic resiliency & cultural
vitality
Waterman Village & City Goals
What Waterman Village Is & Is Not: Who will live there?
Project Description
■Site plan/elevations
■Density
■Home types/sizes
■What it IS & IS NOT
■Addressing Site constraints
■Adobe Rehab
Residents of Waterman Village: Changing Demographics
Changes: Inclusivity
Density & Downtown R-3 zone: Broad Angle:
Comparative Development
21 luxury homes on 101 on Ontario Rd. –this
entire project fits into the footprint of one of
those home pads–impacts analysis and question
of how we want to grow–separate presentation?-
-Ashley?
Garden & Edible Landscape
Historic Garden Theory: Papp; speculative
Period of Significance Issue
Report contract negotiated by former project
partners, Peace Project, for their own purposes
Report mysteriously submitted to City months
after contract terminated for non-response and
failure to perform; report contains substantial
project inaccuracies & was publicly distributed,
spreading false and misleading information
Draft Edible Landscape Plan
Haggard Original Plan
Art center photo scan here:
Rosa Burton de Canet Adobe
Team member qualifications
“The oil boom was short lived and
the preachers of progress went on
to other intimation of the town’s
future. And we, like the TRIB of
today, wrote about them. The
extravagant claims we made for the
future San Luis Obispo County
would be regarded as pure hype in
the 1980’s; yet, at the time, in a
general consensus, the press was
taken in by its own stories.”