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HomeMy WebLinkAboutWaterman Responsive Emails1 From:Hill, Robert Sent:Thursday, October 14, 2021 4:41 PM To:McClish, Teresa Subject:Rosa Butron ENA Attachments:Exclusive Negotiating Agreement for Rosa Butron Adobe - FINAL SIGNED.pdf Hi Teresa, Please find the approved and fully executed ENA attached. Let me know if you have questions or want to chat… Thanks, Bob EXCLUSIVE NEGOTIATING AGREEMENT This Exclusive Negotiating Agreement (“Agreement”) is entered into on _________________________ (the “Effective Date”), by and between the City of San Luis Obispo, a California charter municipal corporation ("the City'') and Ecologistics, a California non-profit corporation, through the Peace Project, an unincorporated association which operates under fiscal sponsorship by Ecologistics, and Smart Share Housing Solutions, Inc., a California non-profit organization. These entities shall be jointly referred to as the “Parties”. Ecologistics, operating through the Peace Project, and Smart Share Housing Solutions shall be jointly referred to as the “Project Partners”. RECITALS WHEREAS, the City is the legal owner of the property located at 466 Dana Street in San Luis Obispo, California (the “Property”) commonly known as the Rosa Butron de Canet Adobe; and WHEREAS, the City received the Property as a life estate gift from Mary Gail Black in 1989 and desires to preserve and maintain the historic adobe structure, trees, and grounds that comprise the Property, as well as public recreational uses, all in keeping with the donative intent of the gift; and WHEREAS, in March 2020, pursuant to City Council direction, the City issued a Request for Information (“RFI”) soliciting community partners that may be interested in working with the City towards restoration, adaptive reuse, and long-term stewardship of the City’s Rosa Butron de Canet Adobe. Further, it was anticipated at this time that the chosen community partner(s) would enter into a negotiation period with the City, and if all parties choose to move forward following the negotiation period, the Parties would enter into a long-term lease agreement for use of the site; and WHEREAS, the City received meritorious responses to the RFI from both the Peace Project and Smart Share Housing Solutions. Through subsequent conversations, both groups entered into a Memorandum of Understanding (“MOU”) dated August 13, 2020, and incorporated herein by reference, in order to set forth a vision for a shared project to be known as the Waterman Peace Village (“Peace Village”), as well as identification of tasks and responsibilities agreed upon by both groups; and WHEREAS, the Peace Village project, as currently described, entails rehabilitation and adaptive re-use of the adobe structure, construction of a new multi-use straw bale studio facility, and installation of tiny housing units, together with related on-site and off-site (if any) improvements on or appurtenant to the Property; and WHEREAS, the Parties recognize that the exact site plan, improvements, and location of improvements that can be accommodated by the Property cannot be determined at this time, and understand that the Property has certain zoning requirements, regulations, and development restrictions including permissible uses, maintenance of trees, street setbacks, creek protection, and other provisions that affect the net buildable and usable land; and WHEREAS, the City’s Financial Management Manual allows exclusive negotiations for long term lease of City property when the there is a clear link between the proposal and accomplishment of significant City goals, plans or policies; and WHEREAS, the City considers the restoration, adaptive reuse, and long-term stewardship of the Property to be in the public interest and in accordance with the City's goals and policies. DocuSign Envelope ID: 077C96F1-E208-43CA-B81F-386E02C03738 10/4/2021 | 7:57 PM PDT NOW, THEREFORE, in consideration of the mutual covenants, conditions, promises and agreements herein set forth, the parties agree as follows: AGREEMENT 1. RECITALS. The above Recitals are true and are incorporated herein by reference. 2. TERM. This Agreement shall commence upon the Effective Date and shall continue in effect for a period of two (2) years (the “Term”), unless sooner terminated as provided herein. The Parties may extend the Term of this Agreement in writing upon mutual consent. 3. PURPOSE. The purpose of this Agreement is to enable the Parties to explore the feasibility of designing, permitting, constructing, and financing the Peace Village on the Property. 4. CITY’S OBLIGATIONS. The City shall, during the Term of this Agreement: a. Exclusivity. Negotiate exclusively with the Project Partners as the future tenant of the Property. b. Project Entitlements and Permitting Requirements. The City will work with the Project Partners to review zoning and General Plan requirements and any other applicable local, state, or federal regulations. The intent of this portion of the Agreement is for the Parties to reach an understanding of the legally permissible uses and restrictions on the Property; however, the City legally cannot, and therefore does not, contractually agree as to how it will exercise its legislative authority to administer the General Plan and its zoning and land use authority. c. Environmental Review. The City will act as Lead Agency pursuant to the requirements of the California Environmental Quality Act. If any project-specific environmental documentation is necessary in order for the City to conduct its environmental review, such documentation shall be at the Project Partners sole cost and expense. 5. PROJECT PARTNERS’ OBLIGATIONS. Project Partners shall, during the term of this Agreement: a. Non-Profit Status. Be a California non-profit corporation in good standing and be exempt from state and federal income taxes under section 501 (c) (3) of the Interna l Revenue Code. b. Proof of Financial Ability. Provide to the City's reasonable satisfaction that it has the financial ability to design, construct and operate the Peace Village on the Property. At a minimum the Project Partners shall: i. Preliminary Cost Estimates. Provide the City with preliminary capital development cost estimates (including but not limited to planning, design, engineering and construction) and two (2) year operating cost estimates, within these established timeframes: 1. Primary Component Plan: Smart Share Housing Solutions and Peace Project, jointly, for the adobe rehab, initial site infrastructure and public neighborhood park installation; by one year from effective date of this agreement; DocuSign Envelope ID: 077C96F1-E208-43CA-B81F-386E02C03738 2. Secondary Component Plan S1: Smart Share, solely, for the tiny housing unit component; by one year of effective date of this agreement; and 3. Secondary Component Plan S2: Peace Project, solely, for the New Studio component; by two years from the effective date of this agreement. 4. Inability of Smart Share to provide cost estimates for its housing project or the Peace Project to provide cost for its New Studio project will not prevent the Primary Component Plan, adobe rehab, or other secondary project component. 5. Cost estimates will be updated as design progresses, at least every 6 months. 6. The Project Partners will include the payment of prevailing wages in estimates for construction. ii. Fundraising Plans. Provide the City with fundraising and / or financing plans with milestones that are acceptable to, and approved by, the City Manager, whose approval shall not be unreasonably withheld, delayed or conditioned, within these established timeframes: 1. Primary Component Plan: Smart Share Housing Solutions and Peace Project, jointly, for the adobe rehabilitation, initial site infrastructure and public neighborhood park installation; by one year of effective date of this agreement; 2. Secondary Component Plan S1: Smart Share, solely, for the tiny housing unit component; by one year of effective date of this agreement; and 3. Secondary Component Plan S2: Peace Project, solely, for the New Studio component; by two years from the effective date of this agreement. 4. Inability of Smart Share to provide cost estimates for its housing project or the Peace Project to provide cost for its New Studio project will not prevent the Primary Component Plan, adobe rehabilitation, or other secondary component. 5. Milestones shall, at a minimum, prior to commencement of lease negotiations demonstrate to the City Finance Director’s reasonable satisfaction that the Project Partners have available at least 50% of all the funds necessary to design and construct the Primary component, at a minimum, and/or either or both of the Secondary Components in addition to the Primary Component. “Funds necessary” may include cash on hand, donor pledges or evidence of financing. 6. Inability for one or other of the parties (i.e. the Peace Project to fund and construct its Secondary New Studio project or Smart Share to fund and construct its Secondary housing project) will not prevent the Primary Component adobe rehabilitation and other project components. iii. Annual Financials. Annually, commencing on or before December 31st of 2022, provide the City with a current financial statement, copy of most recent filed state and federal tax returns, and copies of current bank statements, to demonstrate fundraising results for the Peace Village. iv. Formal Development Application. Finalize and submit a formal development application for the Peace Village to the City. v. Compensation for City Review Costs. Discuss and finalize how City processing and review costs will be funded. Notwithstanding, parties will agree to seek cost estimates prior to entering into lease. DocuSign Envelope ID: 077C96F1-E208-43CA-B81F-386E02C03738 c. Environmental Review Information. Provide the City promptly with all information necessary to conduct any subsequent environmental review of the Peace Village that may be necessary. This information includes, but is not limited to, square footage of structures; square footage of various uses such as public or common areas, storage, studio, and other accessory structures, and any other information deemed necessary by City to conduct its evaluation and inform its environmental determination. 6. TERMINATION. Either the City or Project Partners may terminate this Agreement with or without cause and without liability to the other party at any time by providing forty-five (45) days’ written notice to the other party. 7. CONDITIONS PRECEDENT TO LEASE NEGOTIATION AND EXECUTION. All of the following conditions must be met as conditions precedent prior to lease execution for the Property: a. Lease negotiation: 1. Project Due Diligence. The Parties have reviewed zoning and General Plan requirements and any other applicable local, state, or federal regulations and agree with the likely conditions and requirements that will be necessary to carry out the project. 2. Availability of Funds for Design, Construction, and Operation. Prior to execution of the lease, Project Partners demonstrate to the City Manager’s reasonable satisfaction that they have met all applicable financial milestones in the fundraising and financing plan approved by the City Manager, at a minimum, for Primary Component, adobe rehab and public park. 3. Obligations Met. Both City and Project Partners have met all of their respective obligations under the Agreement, for Primary Component, at a minimum, and agree that the Peace Village appears economically feasible, physically possible, and legally permissible. b. Non-Profit Status. Project Partners have established and maintain non-profit and tax- exempt status under applicable state and federal law. c. Design and Construction Schedule. Prior to lease execution, Project Partners shall provide, to the City’s Community Development Director’s reasonable satisfaction, a design and construction schedule, demonstrating, at a minimum, the Peace Village will be constructed and completed within 7 years of the execution of the long-term lease, allowing for Primary and Secondary component phasing, and the potential for either Secondary component to be removed from the project description, without sacrificing the project as a whole, as described in section 5. 8. GENERAL LEASE TERMS. As the Parties enter into the exclusive negotiations, the Parties desire that the lease include the following general provisions; provided, the actual language of each provision is subject to further negotiation, and most material terms and provisions of the lease have not yet been discussed. The City shall not lease the land for minimal rent unless the lease is completely acceptable to the City and approved by the City Attorney. The following provisions serve as guidelines of the Parties’ general intent but nothing in this paragraph shall be interpreted as an agreement or offer to lease upon the terms, provisions or language set forth below. DocuSign Envelope ID: 077C96F1-E208-43CA-B81F-386E02C03738 a. Project Partners shall commence construction of the Peace Village no later than one (1) year after the execution of the lease agreement and shall complete construction of the Peace Village within seven (7) years after execution of lease. Project Partners shall not commence construction of the Peace Village unless and until they have demonstrated, to the City’s Finance Manager’s reasonable satisfaction prior to expiration of the year within which Project Partners are to commence construction, that they have all of the funds necessary to design and construct, at a minimum, the Primary Component (adobe rehabilitation, site infrastructure and public park construction), as well as operate for at least two (2) years after completion of construction, plus a 15% contingency, available in cash or approved financing (the “Required Funds”). 1. Secondary component tiny house construction will commence within 3 years, and; 2. Secondary component New Studio construction will commence within 5 years of lease agreement. 3. If Project Partners do not timely demonstrate that they have the Required Funds, or if Project Partners fail to timely begin or timely complete construction of the Primary Component, Project Partners shall be in substantial default, and the lease shall automatically terminate unless City agrees otherwise in writing. Failure of Smart Share or Peace Project to complete either one or both of the Secondary Components will not place Project Partners in default. 4. The Peace Village shall be deemed complete only upon issuance of a Certificate(s) of Occupancy. b. Minimum 55-year term with the right of first refusal for additional lease years provided that the Project Partners are in good standing at the time of the renewal. c. Rent of $1.00 per year provided Project Partners: 1. Are a California non-profit corporation in good standing; and 2. Are a federal and state income tax exempt 501 (c)(3) entity; and use the Property solely as described herein, consistent with the RFI and other related City approved community uses. 3. Project Partner’s failure to maintain their non-profit corporate status in good standing or its tax-exempt status under applicable state and federal law or to use the Property for any purpose other than as approved and related City approved community uses during the term or any extended term of the lease, shall be a material breach of the lease. In the event any such breach occurs, City may, at its option, either terminate the lease or raise the rent to fair market rates for neighboring commercial uses. d. Project Partners shall design, construct, operate and maintain the Peace Village and all street frontage and landscaping, utility extensions and connections, and other improvements, based on agreed upon and approved plans and specifications, at its sole cost and expense without any assistance from the City, unless otherwise agreed to by the City. e. Project Partners agree and understand that the City’s Cultural Heritage Committee shall have the opportunity to review the Peace Village project in order to ensure consistency with the City’s Historic Preservation Guidelines and any other applicable guidance or regulations, including the Secretary of the Interior’s Standards for Historic Preservation. DocuSign Envelope ID: 077C96F1-E208-43CA-B81F-386E02C03738 f. Project Partners shall be responsible for meeting or mitigating all conditions, impacts, mitigations and requirements identified in the environmental review and entitlement processes for issues associated with the Project Partners’ operation of the Peace Village on the Property, at Project Partners’ sole cost and expense. Some cost sharing between the City and Project Partners may be possible, i.e. tree maintenance, hardscape improvements, historic structure repair and infrastructure costs, where they support public access and purpose. g. Project Partners shall take all reasonable efforts to preserve, protect, and maintain the heritage trees and grounds of the Property in accordance with a Tree Preservation and Protection Plan agreed to by the Parties. h. If the Project Partners are not in material compliance with the Lease or ceases to be financially solvent and to maintain the Property in a commercially reasonable manner, the lease shall contain provisions for the City to declare a default of the Lease, for Project Partners to effect a reasonable cure of the default(s), and for the City to terminate the Lease if the default(s) are not cured pursuant to the terms and conditions of the Lease, and for the Remainder Property to revert to the City. i. Prevailing wages shall be paid by Project Partners for construction of the Peace Village and related improvements where applicable. j. Payment of possessory interest and other taxes by Project Partners. k. Other long-term landlord protection ground lease provisions, such as City standard insurance requirements, indemnity provisions, attorneys’ fees, prohibitions against nuisance, waste, requiring maintenance at the Project Partners’ expense. l. The City will not subordinate its interest in the Property to any financing. 10. AMENDMENT. This Agreement may be extended, amended, or modified with the mutual consent of the parties. Any such extension, amendment or modification from the terms of this Agreement shall be in writing and shall be effective only upon approval by the City Council. 11. COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by reference, shall constitute the complete agreement between the parties. No oral agreement, understanding or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding or representation be binding upon the parties. 12. NOTICE. All notices to the parties shall be in writing and shall be sent by United States mail, postage prepaid by registered or certified mail addressed as follows: 13. AUTHORITY TO EXECUTE AGREEMENT. Both City and Project Partners warrant and represent that each individual executing the Agreement on behalf of each party is a person duly authorized and empowered to execute agreements for such party. DocuSign Envelope ID: 077C96F1-E208-43CA-B81F-386E02C03738 IN WITNESS WHEREOF, the parties execute this Agreement on the day and year first above written. CITY OF SAN LUIS OBISPO ____________________________ Vice Mayor Erica A. Stewart ATTEST: ____________________________ Teresa Purrington, City Clerk APPROVED: ___________________________ Derek Johnson, City Manager APPROVED TO AS FORM: ____________________________ J. Christine Dietrick, City Attorney ECOLOGISTICS, a California non-profit corporation, as fiscal sponsor for The Peace Project ____________________________ Stacy Hunt, President SMART SHARE HOUSING SOLUTIONS, a California non-profit corporation _____________________________ Joanna Balsamo-Lilien, Vice Chair DocuSign Envelope ID: 077C96F1-E208-43CA-B81F-386E02C03738 1 From:Anne Wyatt <anne@smartsharehousingsolutions.org> Sent:Tuesday, September 6, 2022 4:35 PM To:E-mail Council Website Cc:Hill, Robert; McClish, Teresa; Bell, Kyle; Leveille, Brian Subject:Waterman Village update with ENA required items Attachments:Waterman Village Update to Council Sept 2022.pdf This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Dear Mayor Stewart and Council Members: Smart Share is pleased to submit this progress update report on the Waterman micro-village project at 466 Dana St. Please find within ENA required components for the one year point September 21st: 1) general indication of ability to raise funds with funds raised to date; 2) fundraising plans 3) project cost estimates; and 4) rough operating budget. Please let us know if you have questions or if further detail may be helpful to you. On behalf of our board of directors, staff, more than 200 project donors to date, and our extensive volunteer team, we're grateful for this opportunity to add affordable homes to this beautiful infill site and restore the Butron de Canet adobe. We look forward to continuing to work with you. -a -- Warmly, Anne Wyatt Executive Director, Smart Share Housing Solutions, Inc. a nonprofit public benefit 501(c)(3) corporation with programs HomeShareSLO; ADU SLO/Tiny House Consulting; Co-Living Collaborative P.O. Box 15034, San Luis Obispo, CA 93406 (805) 215-5474 office; (805) 296-0013 cell SmartShareHousingSolutions.org To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. Creating Housing Solutions by Connecting People and homes 1 From:Goode, Owen Sent:Wednesday, June 28, 2023 2:03 PM To:Margaret Castle Cc:Bell, Kyle; McClish, Teresa; Malicoat, Debbie Subject:CDBG Payment Request 2022-23 Program Year Attachments:Payment Request Form CDBG 2022-23.xlsx; Funds Expended 2022 Capacity Building.pdf; Funds Expended 2022 Admin.pdf; Payment Request 2022-23.pdf Good afternoon, Marge, Please see the attached payment request letter, with supporting documentation, for reimbursement of the Administration and Capacity Building programs that were implemented by the City of San Luis Obispo during the 2022-23 Community Development Block Grant program year. Please let me know if there is additional documentation you need for the City to be reimbursed or if you have any questions. Thank you. Best, Owen Goode Assistant Planner Community Development 919 palm street, San Luis Obispo, CA 93401-3218 E ogoode@slocity.org slocity.org Stay connected with the City by signing up for e-notifications TOTAL FUNDS: Capacity Building Total: $17,297.50 Task Time (hours) Total Expense Program Grants-In-Aid Awards 2.0 $ 346.00 Administration Human Relations Commission – CDBG Meeting Prep 1.0 $ 173.00 Administration Human Relations Commission – Community Needs Workshop Agenda Preparation 7.0 $ 1,211.00 Administration Community Needs Workshop Press Release Preparation 2.0 $ 346.00 Administration Human Relations Commission – Community Needs Workshop 5.0 $ 865.00 Administration City Council Agenda Report – CDBG Report 17.0 $ 2,941.00 Administration City Council Consideration of 2022 CDBG Funding Priorities 2.0 $ 346.00 Administration Staff Review and Development of Funding Recommendations for 2022 16.0 $ 2,768.00 Administration 2022 City Administrative and Capacity Building Application Preparation 4.0 $ 692.00 Administration Human Relations Commission Review of CDBG Recommendations 3.0 $ 519.00 Administration Housing Element Annual Progress Report 20.0 $ 3,460.00 Administration Affordable Housing Fund Status Report for CDBG Grant Request Review 15.0 $ 2,595.00 Administration Year End Report Preparation 10.0 $ 1,730.00 Administration FY 2022-23 TOTAL: Capacity Building 104.00 $ 17,992.00 TOTAL FUNDS: Capacity Building Total: $17,297.50 Task Time (hours) Total Expense Program HouseKeys Affordable Housing Inventory 2.0 $ 346.00 Capacity Building Missing Middle Housing Implementation Webinar .5 $ 86.50 Capacity Building Below Market Rate Housing Administrator Meeting 1.0 $ 173.00 Capacity Building Affordable Housing Loan Administration 1.5 $ 259.50 Capacity Building Zoning Regulations Update – Flexible Density (Housing Element Implementation) 3.0 $ 519.00 Capacity Building Homelessness Strategic Plan 4.0 $ 692.00 Capacity Building Equity Share Program 3.0 $ 519.00 Capacity Building Local Reviewing Agency Anderson Hotel 2.0 $ 346.00 Capacity Building Homelessness Strategic Plan 4.0 $ 692.00 Capacity Building Waterman Village Affordable Housing Project 4.0 $ 692.00 Capacity Building Zoning Regulations Update – Flexible Density 4.0 $ 692.00 Capacity Building Zoning Regulations Update – Flexible Density 6.0 $ 1,038.00 Capacity Building HouseKeys Affordable Housing Inventory 3.0 $ 519.00 Capacity Building Affordable Housing Reconveyance 1.0 $ 173.00 Capacity Building Zoning Regulations Update – Flexible Density 5.0 $ 865.00 Capacity Building Zoning Regulations Update – Flexible Density 5.0 $ 865.00 Capacity Building HouseKeys Affordable Housing Inventory 2.0 $ 346.00 Capacity Building Affordable Housing Agreement Update 4.0 $ 692.00 Capacity Building Affordable Housing Agreements for ARPA Funding 4.0 $ 692.00 Capacity Building Housing and Homelessness Response Meeting 4.0 $ 692.00 Capacity Building BEGIN Loan Application Review 2.0 $ 346.00 Capacity Building Zoning Regulations Update – Flexible Density 3.0 $ 519.00 Capacity Building Affordable Housing Agreement Review 2.0 $ 346.00 Capacity Building HouseKeys Affordable Housing Inventory 2.0 $ 346.00 Capacity Building Senate Bill 9 Application Review 4.0 $ 692.00 Capacity Building Down Payment Assistance Program for Avila Ranch 3.0 $ 519.00 Capacity Building Down Payment Assistance Program for Avila Ranch 4.0 $ 692.00 Capacity Building Senate Bill 9 Policy Implementation 6.0 $ 1,038.00 Capacity Building Equity Share Affordability Program 2.0 $ 346.00 Capacity Building Senate Bill 9 Community Engagement 3.0 $ 519.00 Capacity Building Affordable Housing Loan Review 3.0 $ 519.00 Capacity Building Affordable Housing Agreement Update 2.0 $ 346.00 Capacity Building Affordable Housing Agreements for ARPA Funding 3.0 $ 519.00 Capacity Building Affordable Housing Agreement Update 2.0 $ 346.00 Capacity Building Affordable Housing Equity Share Program 3.0 $ 519.00 Capacity Building Senate Bill 9 Review – 19,030 3.0 $ 519.00 Capacity Building Affordable Housing Agreement for ARPA Funding 4.0 $ 692.00 Capacity Building Accessory Dwelling Unit Meeting 3.0 $ 519.00 Capacity Building Homelessness Response Strategic Plan 8.0 $ 1,384.00 Capacity Building Senate Bill 9 Review 4.0 $ 692.00 Capacity Building Zoning Regulations Update - Flexible Density 9.0 $ 1,557.00 Capacity Building Regional Housing Action Team Meeting 11.0 $ 1,903.00 Capacity Building Anderson Hotel Close of Escrow 30.0 $ 5,190.00 Capacity Building FY 2022-23 TOTAL: Capacity Building 179.00 $ 30,966.50 June 28, 2023 Margaret Castle Department of Social Services 3433 South Higuera San Luis Obispo, CA 93401 Re: Request for Grant Payment for City of San Luis Obispo 2021 Community Development Block Grant (CDBG) Program Administration Dear Harlee, Please prepare two checks in the amount of $17,297.50 each, to the City of San Luis Obispo, for the 2022 CDBG-funded Program Administration and Capacity Building activities, for the period of July 1, 2022, through June 30, 2023. These documents are provided per the 2021-23 Cooperative Agreement with the County of San Luis Obispo and Federal CDBG Regulations. If you have any questions, please reach me by phone at (805) 781-7576 or via email at ogoode@slocity.org. Thank you, Owen Goode, Assistant Planner cc. Debbie Malicoat, Accounting Manager Controller Attachments: 1. Payment Request Form 2. Itemized Expenses Creating Housing Solutions by Connecting People and Homes Annual Waterman Village Progress Report to City of San Luis Obispo Report date 1/17/2024 for calendar year 2023 Dear Bob:On behalf of our Smart Share team working to develop the Waterman Village of affordable homes,we appreciate your support and assistance and that of the City,our project partner.Please find attached 2023 financial statements and 2022 tax returns from Smart Share, per ENA requirement,(Sec.5(b)iii): “Annual Financials.Annually,commencing on or before December 31st of 2022,provide the City with a current financial statement, copy of most recent filed state and federal tax returns,and copies of current bank statements,to demonstrate fundraising results for the Peace Village.” In general,Smart Share Housing has expended a total of $138,481.36 in hard costs–fees to contractors and the City–for development of Waterman Village in the period from January 2021 to December 2023 In addition,volunteer in kind contributions are conservatively estimated at $52,662. Waterman Village Expenditure Summary Detail: Category Expense 2022/prior years 2023 2024 Total Architectural 25201.64 39511.75 64713.39 City/permit/envir 46041.97 16194.1 62236.07 Engineer/survey 0 11482.5 11482.5 Arborist 0 2380 2380 Volunteer in Kind 31370 21292 52662 Staff SSHS/fundraising --TBD City land-TBD TOTAL Expend.102613.61 90860.35 0 193473.96 Aside from $11,655,funds awarded from the City of San Luis Obispo’s Human Services grant program during the years 2022 and 2023,Smart Share has funded all other expenses, $181,818.96,from private donors and volunteers.A $50,000 development grant from the County of San Luis Obispo/ARPA has been awarded,and will be expended in 2024.It is worth noting that Smart Share has not tracked cost of staff time or fundraising efforts,to date,and has internally funded cost of staff time from reserves.These items will be tracked as of 2024. Waterman Village Expense Detail: Pledges and Reserves for upcoming expense:As shown by 2023 year end balance sheet, Waterman Village contribution reserves on hand/assets total $248,380.97 with the $50,000 County ARPA contribution (not yet deducted)=$298,380.97.Total agency assets as of year end, per balance sheet,$425,121.84,a slight decrease from 2022 year end,due to Waterman Village expenditures and minimal fundraising activities in 2023. Pledges due:In addition to Waterman Village reserves on hand,development pledges of upwards of $400,000 will be due and payable upon project entitlement and construction commencement. Between Waterman Village reserves,roughly $400,000,and more than $400,000 in cash and in kind pledges due,Smart Share currently has $800,000 in project funds for the next steps of development in hand and payable and looks forward to adding in awards from the CIty and foundations in 2024. As always,please let us know if there are other items or higher level of detail that may be of help to you or others.We continue to aim for a high level of efficiency and full transparency in our development process. Attachments:Waterman Village Expenditure Detail;2023 financials–balance sheet,P&L;2022 tax return ec 31, 23 Nov 30, 23 $ Change Dec 31, 22 $ Change Deferred Grant Income City of San Luis Obispo 22-23 5,066.65 5,733.32 -666.67 3,999.98 1,066.67 1:00 PM Smart Share Housing Solutions 01/11/24 Balance Sheet Accrual Basis As of December 31, 2023 Page 1 1 From:Goode, Owen Sent:Wednesday, January 17, 2024 12:33 PM To:McClish, Teresa Subject:FW: Annual Report for Waterman Village for year end 2023 Attachments:Dec 2023 Bal Sheet.pdf; Annual WV Report to City for 2023.pdf; Dec 2023 P&L(1).pdf; taxreturns2022SSHS(1).pdf This just came through. Owen Goode pronouns he/him/his Assistant Planner (805) 781-7576 Community Development 919 palm street, San Luis Obispo, CA 93401-3218 E ogoode@slocity.org slocity.org Stay connected with the City by signing up for e-notifications From: Anne Wyatt <anne@smartsharehousingsolutions.org> Sent: Wednesday, January 17, 2024 12:29 PM To: Hill, Robert <rhill@slocity.org> Cc: Lisa Gonzalez <lgonzo@fix.net>; Vicki van den Eikhof <vicki@smartsharehousingsolutions.org>; Joanna Balsamo-Lilien <balsamo_lilien@yahoo.com>; Goode, Owen <ogoode@slocity.org> Subject: Annual Report for Waterman Village for year end 2023 This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Dear Bob, please find 2023 year end Waterman Village project development activity report and supporting documents, attached, as required per terms of ENA. We look forward to the word that application resubmitted to Owen last week has been deemed complete, with an agreed upon date targeted for 9 Feb, and that the project can move into public hearing process soon with an updated ENA, if approved by Council on Feb. 6th. As always, please let us know what else may assist. As mentioned, I'' be away 25 Jan-15 Feb, so please do not hesitate to reach out to Vicki, LIsa or Joanna, copied above, if you need anything during that time. With thanks to All, -a -- Warmly, Anne Wyatt 2 Executive Director, Smart Share Housing Solutions, Inc. a nonprofit public benefit 501(c)(3) corporation with programs HomeShareSLO; ADU SLO; Co-Living Collaborative P.O. Box 15034, San Luis Obispo, CA 93406 (805) 215-5474 office; (805) 296-0013 cell SmartShareHousingSolutions.org Creating Housing Solutions by Connecting People and homes Electronic Filing OnlySchedule B (Form 990) (2022)Page 2 Name of organization Employer identification number Smart Share Housing Solutions, Inc.82-3151265 Part I Contributors (see instructions). Use duplicate copies of Part I if additional space is needed. (a)(b)(c)(d) No.Name, address, and ZIP + 4 Total contributions Type )Foreign Country: (a)(b)(c)(d) No.Name, address, and ZIP + 4 Total contributions Type of contribution 2 City of San Luis Obispo Person X 990 Palm Steeet Payroll San Luis Obispo CA 93401 $8,000 Noncash Foreign State or Province:(Complete Part II for noncash contributions.) )Foreign Country: Schedule B (Form 990) (2022) Smart Share Housing Solutions, Inc.82-3151265 © Government Grants Description Total 1 City of San Luis Obispo, 990 Palm St., San Luis Obispo, CA 93401 8,000 Smart Share Housing Solutions, Inc.82-3151265 Item 5f Department: Administration Cost Center: 1005 For Agenda of: 2/6/2024 Placement: Consent Estimated Time: N/A FROM: Greg Hermann, Deputy City Manager Prepared By: Robert Hill, Sustainability & Natural Resources Official SUBJECT: AMENDED AND RESTATED EXCLUSIVE NEGOTIATING AGREEMENT WITH SMART SHARE HOUSING SOLUTIONS RECOMMENDATION Approve the draft Amended and Restated Exclusive Negotiating Agreement with Smart Share Housing Solutions, in a final form satisfactory to the City Attorney. POLICY CONTEXT The City’s Financial Management Manual (Section 475 -C) allows exclusive negotiations for long term leases of City property, as well as provisions for leases to non -profit organizations, where there is a clear link between the proposal and accomplishment of significant City goals, plans or policies and where the proposal has a clear and measurable community benefit. The proposed project entails rehabilitation and adaptive re-use of the City-owned Rosa Butron Adobe together with installation of a “tiny home” village that will provide affordable housing units. Staff considers the activities described for The Waterman Village to be in the public interest in accordance with the City's historic preservation goals, the Conservation and Open Space Element of the General Plan that provides policy regarding adaptive re-use of the City’s historic structures, with the Downtown Concept Plan, and with the Housing Element of the General Plan. Accordingly, the proposed project appears to meet the basic policy framework and parameters for entering into an Exclusive Negotiating Agreement (ENA) in accordance with the Financial Management Manual. DISCUSSION Background – Property History The City of San Luis Obispo has owned the Rosa Butron Adobe located at 466 Dana Street since 1989. The City Council adopted a Resolution of Acceptance at that time and agreed to acquire the property as a life estate gift from Ms. Mary Gail Black for site stewardship, restoration, and public uses. It is understood that the donor’s intent was for the City to hold ownership and take care of the property over the long-term, including both the residence and the grounds. Page 73 of 241 Item 5f The Rosa Butron Adobe is listed as a historic residence on the City’s Master List of Historical Resources. Only the front room of the existing structure is the circa. 1845 historic adobe itself, while a subsequent veranda that was added around 1865 is also considered to be a contributing component of the structure’s historicism. The house is currently vacant, although the City does provide basic maintenance and upkeep to the house and grounds. It is important to note that the Rosa Butron Adobe needs extensive refurbishment, restoration, or rehabilitation prior to it being suitable for occupancy. City resources to maintain and restore its suite of adobe properties are limited and this effort is part of a larger movement towards seeking community partners to help activate these valuable historic resources. Previous Council Action Following City Council’s direction, staff issued a Request for Interest (RFI) document seeking community partners to help the City rehabilitate and re -use the Rosa Butron Adobe. The RFI was issued on March 6, 2020, to known interested parties, broadly to non-profit hubs such as The San Luis Obispo County Community Foundation and SPOKES: Resources for Non -Profits, and to local affordable housing organizations including the Housing Authority and People’s Self-Help Housing. As a result of the RFI process, on September 7, 2021, the City Council approved an Exclusive Negotiating Agreement with Smart Share Housing Solutions and the Peace Project (operating under fiscal sponsorship from Ecologistics, Inc.) that set forth a vision for a shared project known as the Waterman Peace Village, as well as identification of tasks, milestones, and responsibilities agreed upon by both groups. On November 29, 2022, however, the City’s staff issued a written notice of termination to the Peace Project based on the mutual understanding that the Peace Project would not be able to meet its fundraising milestones and continue to move forward with its portion of the shared project contemplated by the ENA. Amended and Restated Exclusive Negotiating Agreement The “Waterman Village” project, as now currently envisioned, entails rehabilitation and adaptive re-use of the adobe structure and installation of tiny housing units, together with related on-site and off-site (if any) improvements on or appurtenant to the property, to be completed entirely by Smart Share. The art studio proposed by the Peace Project is no longer a part of the proposed site development. The key highlights of the ENA remain as follows: 1. Two-year term for exclusive negotiations. 2. Maintenance of non-profit status at all times. 3. Fundraising plan submittal and proof of financial ability to complete the project. 4. Lease negotiation and execution can begin upon satisfactory due diligence, including zoning and / or General Plan requirements, submittal of satisfactory design and construction schedule, and evidence of available funds. 5. Anticipated lease terms include a 55-year term and rent of $1 per year. Page 74 of 241 Item 5f 6. Standard review and approval process, including public hearings with the Cultural Heritage Committee and other applicable City bodies, as well completion of the environmental review process prior to any construction. In addition, the draft Amended and Restated ENA allows for Smart Share Housing to have site access necessary to show the property and structure to prospective donors and funders, as well as to place their Demonstration Cottage in the parking area to the side of the adobe to show the exterior appearance and interior accommodations of a “tiny home”. These provisions are subject to revocable right-of-entry and encroachment permits from the City. Public Engagement The RFI that first set forth this process was published on the City’s website, together with a notification item, and was broadly distributed. The existing ENA was approved at a duly noticed City Council meeting in September 2021, and any member of the public may provide comments on the Amended and Restated ENA that is the subject of this report at or before the meeting. It is important to note that this item requests the City Council’s review and consideration of the Amended and Restated ENA only; any subsequent lease agreement and project that may arise from these negotiations are subject to additional, future public review processes. CONCURRENCE The City’s Community Development Department concurs with the recommendation from both a housing and historic preservation perspective. ENVIRONMENTAL REVIEW Entering into the Amended and Restated ENA is not a Project, in and of itself, in accordance with the California Environmental Quality Act (CEQA). However, any future activities that meet the definition of a “Project” under CEQA Guidelines will be subject to the environmental review process. FISCAL IMPACT Budgeted: No Budget Year: 2023-25 Funding Identified: No Page 75 of 241 Item 5f Fiscal Analysis: Funding Sources Total Budget Available Current Funding Request Remaining Balance Annual Ongoing Cost General Fund State Federal Fees Other: Total N/A N/A N/A N/A The recommended action does not entail any direct expenditures. Modest staff time to complete review of the tasks identified in the Amended and Restated ENA and attend to the agreement and partnership is supported within the operating budgets of the City Administration and IT and Community Development Departments. Advancing affordable and workforce housing through collaboration with local non-profit partners, as well as continuing to support the preservation of the City’s adobes, are both strategies that are included in the Major City Goals for the 2023-25 Financial Plan. Smart Share has not yet completed cost estimating for the project, anticipated as a future step by the ENA, and it is therefore unknown as this time the amount of affordable housing funds that may be requested. Any allocation of City affordable housing funds would happen through the customary process and be evaluated based on established funding criteria (see City Council Resolution No. 9263 (2001 Series)). ALTERNATIVES The City Council may request changes or may decide not to approve the Amended and Restated Exclusive Negotiating Agreement with Smart Share Housing Solutions. This action is not recommended by staff because the proposed action is administrative and in furtherance of prior Council direction. ATTACHMENTS A - Draft Amended and Restated Exclusive Negotiating Agreement with Smart Share Housing Solutions. Page 76 of 241 Page 1 of 7 AMENDED AND RESTATED EXCLUSIVE NEGOTIATING AGREEMENT This Amended and Restated Exclusive Negotiating Agreement (“Agreement”) is entered into on the “Effective Date”), by and between the City of San Luis Obispo, a California charter municipal corporation ("the City'') and Smart Share Housing Solutions, Inc., a California non-profit organization (“Smart Share”). City and Smart Share shall be jointly referred to as the “Parties”. RECITALS WHEREAS, the City is the legal owner of the property located at 466 Dana Street in San Luis Obispo, California (the “Property”) commonly known as the Rosa Butron de Canet Adobe; and WHEREAS, the City received the Property as a life estate gift from Mary Gail Black in 1989 and desires to preserve and maintain the historic adobe structure, trees, and grounds that comprise the Property, as well as public recreational uses, all in keeping with the donative intent of the gift; and WHEREAS, in March 2020, pursuant to City Council direction, the City issued a Request for Information RFI”) soliciting community partners that may be interested in working with the City towards restoration, adaptive reuse, and long-term stewardship of the City’s Rosa Butron de Canet Adobe. Further, it was anticipated at this time that the chosen community partner(s) would enter into a negotiation period with the City, and if all parties choose to move forward following the negotiation period, the Parties would enter into a long-term lease agreement for use of the site; and WHEREAS, the City received meritorious responses to the RFI from both the Peace Project and Smart Share Housing Solutions. On September 7, 2021, the City Council approved, and on October 4, 2021, the City, the Peace Project, and Smart Share entered into an Exclusive Negotiating Agreement that set forth a vision for a shared project known as the Waterman Village, as well as identification of tasks, milestones, and responsibilities agreed upon by both groups; and WHEREAS, on November 29, 2022, the City issued a written notice of termination to the Peace Project based on the mutual understanding that the Peace Project would not be able to meet its fundraising milestones and continue to move forward with the shared project contemplated by the ENA; and WHEREAS, the Waterman Village project, as now currently described, entails rehabilitation and adaptive re-use of the adobe structure and installation of tiny housing units, together with related on-site and off-site if any) improvements on or appurtenant to the Property, to be completed entirely by Smart Share; and WHEREAS, the Parties recognize that the exact site plan, improvements, and location of improvements that can be accommodated by the Property cannot be determined at this time, and understand that the Property has certain zoning requirements, regulations, and development restrictions including permissible uses, maintenance of trees, street setbacks, creek protection, and other provisions that affect the net buildable and usable land; and WHEREAS, the City’s Financial Management Manual allows exclusive negotiations for long term lease of City property when the there is a clear link between the proposal and accomplishment of significant City goals, plans or policies; and WHEREAS, the City considers the restoration, adaptive reuse, and long-term stewardship of the Property to be in the public interest and in accordance with the City's goals and policies. Page 77 of 241 Amended and Restated Exclusive Negotiating Agreement City of San Luis Obispo and Smart Share Housing Solutions, Inc Page 2 of 7 NOW, THEREFORE, in consideration of the mutual covenants, conditions, promises and agreements herein set forth, the parties agree as follows: AGREEMENT 1. RECITALS. The above Recitals are true and are incorporated herein by reference. 2. TERM. This Agreement shall commence upon the Effective Date and shall continue in effect for a period of two (2) years (the “Term”), unless sooner terminated as provided herein. The Parties may extend the Term of this Agreement in writing upon mutual consent. 3. PURPOSE. The purpose of this Agreement is to enable the Parties to explore the feasibility of designing, permitting, constructing, and financing the Waterman Village on the Property. 4. CITY’S OBLIGATIONS. The City shall, during the Term of this Agreement: a. Exclusivity. Negotiate exclusively with Smart Share as the future tenant of the Property. b. Project Entitlements and Permitting Requirements. The City will work with Smart Share to review zoning and General Plan requirements and any other applicable local, state, or federal regulations. The intent of this portion of the Agreement is for the Parties to reach an understanding of the legally permissible uses and restrictions on the Property; however, the City legally cannot, and therefore does not, contractually agree as to how it will exercise its legislative authority to administer the General Plan and its zoning and land use authority. c. Environmental Review. The City will act as Lead Agency pursuant to the requirements of the California Environmental Quality Act. If any project-specific environmental documentation is necessary in order for the City to conduct its environmental review, such documentation shall be at Smart Share’s sole cost and expense. d. Site Access. City shall provide Smart Share with access to the site and the adobe structure, subject to a separate right-of-entry agreement, in order for Smart Share to provide tours and site visits with prospective donors and funders, as well as for access by Smart Share’s design and engineering professionals. Smart Share may also place its Demonstration Cottage (“Demo Cottage”) upon the property in the existing side parking area, subject to a separate encroachment permit, to facilitate Smart Share showing prospective donors the general exterior size and interior accommodations of one of the proposed Waterman Village homes, as well as to facilitate site tours with donors and act as a base for planning activities of technical team members, only. Under no circumstances, however, shall Smart Share hook up the Demo Cottage to any on - site utilities or allow for any residential use of any kind, nor shall this provision be construed as constituting a tenancy. City reserves the right to require that Smart Share remove the Demo Cottage from the premises with 45-day notice or in accordance with otherwise applicable requirements of the encroachment permit. Page 78 of 241 Amended and Restated Exclusive Negotiating Agreement City of San Luis Obispo and Smart Share Housing Solutions, Inc Page 3 of 7 5. SMART SHARE OBLIGATIONS. Smart Share shall, during the term of this Agreement: a. Non-Profit Status. Be a California non-profit corporation in good standing and be exempt from state and federal income taxes under section 501 (c) (3) of the Internal Revenue Code. b. Proof of Financial Ability. Provide to the City's reasonable satisfaction that it has the financial ability to design, construct and operate the Waterman Village on the Property. At a minimum, Smart Share shall provide: i. Preliminary Cost Estimates. Provide the City with preliminary capital development cost estimates (including but not limited to planning, design, engineering and construction) and two (2) year operating cost estimates, within one year from the effective date of this agreement. This shall include estimates for Adobe rehabilitation, initial site infrastructure and public neighborhood park feature installation, as well as installation of the tiny housing units. Cost estimates will be updated as design progresses, at least every 6 months. Smart Share will include the payment of prevailing wages in estimates for construction. ii. Fundraising Plans. Provide the City with fundraising and / or financing plans with milestones that are acceptable to, and approved by, the City Manager, whose approval shall not be unreasonably withheld, delayed or conditioned, within one year of the effective date of this agreement. This shall include the Adobe rehabilitation, initial site infrastructure and public neighborhood park feature installation, as well as installation of the homes tiny housing unit component of the project. Fundraising milestones shall, at a minimum, prior to commencement of lease negotiations, demonstrate to the City Finance Director’s reasonable satisfaction that Smart Share has available at least 50% of all the funds necessary to design and construct the project. “Funds necessary” may include cash on hand, donor pledges or evidence of financing. iii. Annual Financials. By January 31 of each calendar year, Smart Share shall s provide the City with a current financial statement, copy of most recent filed state and federal tax returns, and copies of current bank statements, to demonstrate fundraising results for the Waterman Village. iv. Formal Development Application. Finalize and submit a formal development application for the Waterman Village to the City. v. Compensation for City Review Costs. Discuss and finalize how City processing and review costs will be funded. Notwithstanding, parties will agree to seek cost estimates prior to entering into lease. c. Environmental Review Information. Provide the City promptly with all information necessary to conduct any subsequent environmental review of the Waterman Village that may be necessary. This information includes, but is not limited to, square footage of structures; square footage of various uses such as public or common areas, storage, studio, and other accessory structures, and any other information deemed necessary by City to conduct its evaluation and inform its environmental determination. Page 79 of 241 Amended and Restated Exclusive Negotiating Agreement City of San Luis Obispo and Smart Share Housing Solutions, Inc Page 4 of 7 6. TERMINATION. Either the City or Smart Share may terminate this Agreement with or without cause and without liability to the other party at any time by providing forty-five (45) days’ written notice to the other party. 7. CONDITIONS PRECEDENT TO LEASE NEGOTIATION AND EXECUTION. All of the following conditions must be met as conditions precedent prior to lease execution for the Property: a. Lease negotiation: i. Project Due Diligence. The Parties have reviewed zoning and General Plan requirements and any other applicable local, state, or federal regulations and agree with the likely conditions and requirements that will be necessary to carry out the project. ii. Availability of Funds for Design, Construction, and Operation. Prior to execution of the lease, Smart Share has demonstrated to the City Manager’s reasonable satisfaction that they have met all applicable financial milestones in the fundraising and financing plan approved by the City Manager. iii. Obligations Met. Both City and Smart Share have met all of their respective obligations under the Agreement, and agree that the Waterman Village appears economically feasible, physically possible, and legally permissible. b. Non-Profit Status. Smart Share shall maintain non-profit and tax-exempt status under applicable state and federal law. c. Design and Construction Schedule. Prior to lease execution, Smart Share shall provide, to the City’s Community Development Director’s reasonable satisfaction, a design and construction schedule, demonstrating, at a minimum, the Waterman Village will be constructed and completed within 7 years of the execution of the long-term lease. 8. GENERAL LEASE TERMS. As the Parties enter into the exclusive negotiations, the Parties desire that the lease include the following general provisions; provided, the actual language of each provision is subject to further negotiation, and most material terms and provisions of the lease have not yet been discussed. The City shall not lease the land for minimal rent unless the lease is completely acceptable to the City and approved by the City Attorney. The following provisions serve as guidelines of the Parties’ general intent but nothing in this paragraph shall be interpreted as an agreement or offer to lease upon the terms, provisions or language set forth below. a. Smart Share shall commence construction of the Waterman Village no later than one (1) year after the execution of the lease agreement and shall complete construction of the Waterman Village within seven (7) years after execution of lease. Smart Share shall not commence construction of the Waterman Village unless and until they have demonstrated, to the City’s Finance Manager’s reasonable satisfaction prior to expiration of the year within which Smart Share is to commence construction, that they have all of the funds necessary to design and construct, at a minimum, the adobe rehabilitation, tiny home installation, site infrastructure and public park feature construction, as well as operate for at least two (2) years after completion of construction, plus a 15% contingency, available in cash or approved financing (the “Required Funds”). Page 80 of 241 Amended and Restated Exclusive Negotiating Agreement City of San Luis Obispo and Smart Share Housing Solutions, Inc Page 5 of 7 If Smart Share does not timely demonstrate that they have the Required Funds, or if Smart Share fails to timely begin or timely complete construction of the project, Smart Share shall be in substantial default, and the lease shall automatically terminate unless City agrees otherwise in writing. The Waterman Village shall be deemed complete only upon issuance of a Certificate(s) of Occupancy. b. Minimum 55-year term with the right of first refusal for additional lease years provided that Smart Share are in good standing at the time of the renewal. c. Rent of $1.00 per year provided Smart Share: i. Is a California non-profit corporation in good standing; and ii. Are a federal and state income tax exempt 501 (c)(3) entity; and use the Property solely as described herein, consistent with the RFI and other related City approved community uses. iii. Smart Share’s failure to maintain their non-profit corporate status in good standing or its tax-exempt status under applicable state and federal law or to use the Property for any purpose other than as approved and related City approved community uses during the term or any extended term of the lease, shall be a material breach of the lease. In the event any such breach occurs, City may, at its option, either terminate the lease or raise the rent to fair market rates for neighboring commercial uses. d. Smart Share shall design, construct, operate and maintain the Waterman Village and all street frontage and landscaping, utility extensions and connections, and other improvements, based on agreed upon and approved plans and specifications, at its sole cost and expense without any assistance from the City, unless otherwise agreed to by the City. e. Smart Share agrees and understands that the City’s Cultural Heritage Committee shall have the opportunity to review the Waterman Village project in order to ensure consistency with the City’s Historic Preservation Guidelines and any other applicable guidance or regulations, including the Secretary of the Interior’s Standards for Historic Preservation. f. Smart Share shall be responsible for meeting or mitigating all conditions, impacts, mitigations and requirements identified in the environmental review and entitlement processes for issues associated with Smart Share’s operation of the Waterman Village on the Property, at Smart Share’s sole cost and expense. Some cost sharing between the City and Smart Share may be possible, i.e., tree maintenance, hardscape improvements, historic structure repair and infrastructure costs, where they support public access and purpose. g. Smart Share shall take all reasonable efforts to preserve, protect, and maintain the heritage trees and grounds of the Property in accordance with a Tree Preservation and Protection Plan agreed to by the Parties. Page 81 of 241 Amended and Restated Exclusive Negotiating Agreement City of San Luis Obispo and Smart Share Housing Solutions, Inc Page 6 of 7 h. If Smart Share is not in material compliance with the Lease or ceases to be financially solvent and to maintain the Property in a commercially reasonable manner, the lease shall contain provisions for the City to declare a default of the Lease, for Smart Share to effect a reasonable cure of the default(s), and for the City to terminate the Lease if the default(s) are not cured pursuant to the terms and conditions of the Lease, and for the Remainder Property to revert to the City. i. Prevailing wages shall be paid by Smart Share for construction of the Waterman Village and related improvements where applicable. j. Payment of possessory interest and other taxes, as may be required, will be paid by Smart Share. k. Other long-term landlord protection ground lease provisions, such as City standard insurance requirements, indemnity provisions, attorneys’ fees, prohibitions against nuisance, waste, and requiring maintenance will be at Smart Share’s expense. l. The City will not subordinate its interest in the Property to any financing. 10. AMENDMENT. This Agreement may be extended, amended, or modified with the mutual consent of the parties. Any such extension, amendment or modification from the terms of this Agreement shall be in writing and shall be effective only upon approval by the City Council. 11. COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by reference, shall constitute the complete agreement between the parties. No oral agreement, understanding or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding or representation be binding upon the parties. 12. NOTICE. All notices to the parties shall be in writing and shall be sent by United States mail, postage prepaid by registered or certified mail addressed as follows: 13. AUTHORITY TO EXECUTE AGREEMENT. Both City and Smart Share warrant and represent that each individual executing the Agreement on behalf of each party is a person duly authorized and empowered to execute agreements for such party. Page 82 of 241 Amended and Restated Exclusive Negotiating Agreement City of San Luis Obispo and Smart Share Housing Solutions, Inc Page 7 of 7 IN WITNESS WHEREOF, the parties execute this Agreement on the day and year first above written. CITY OF SAN LUIS OBISPO Mayor Erica A. Stewart ATTEST: Teresa Purrington, City Clerk Approved: Derek Johnson, City Manager Approved to as form: J. Christine Dietrick, City Attorney SMART SHARE HOUSING SOLUTIONS, a California non-profit corporation Joanna Balsamo-Lilien, Chair, Board of Directors Page 83 of 241 Page 84 of 241 1 From:Amini, David Sent:Friday, June 7, 2024 4:45 PM To:Margaret Castle Cc:McClish, Teresa; Malicoat, Debbie Subject:CDBG Payment Request 2023-24 Program Year Attachments:Funds Expended 2023 Administration.pdf; Funds Expended 2023 Capacity Building.pdf; Payment Request 2023-24.pdf; Payment Request Form_City of SLO_CDBG_2023-24.xlsx Hi Marge, Please see the attached payment request letter, with supporting documentation, for reimbursement of the Administration and Capacity Building programs that were implemented by the City of San Luis Obispo during the 2023-24 Community Development Block Grant program year. Please let me know if there is additional documentation you need for the City to be reimbursed or if you have any questions. Thank you, David Amini Housing Coordinator Community Development 919 Palm, San Luis Obispo, CA 93401-3218 E DAmini@slocity.org T 805.781.7524 slocity.org Stay connected with the City by signing up for e-notifications TOTAL FUNDS: Administration Total Funds Granted: $15,966.50 Task Time (hours) Total Expense Program Grants-in-Aid Awards 1.5 259.50$ Administration Human Relations Commission - CDBG Meeting Prep 1.0 173.00$ Administration Human Relations Commission - Community Needs Workshop Agenda Prep 6.0 1,038.00$ Administration Community Needs Workshop Press Release Prep 2.5 432.50$ Administration Human Relations Commission - Community Needs Workshop Agenda Prep 4.0 692.00$ Administration City Council Agenda Report - CDBG Report 16.0 2,768.00$ Administration City Council Consideration of 2023 CDBG Funding Priorities 2.0 346.00$ Administration Staff Review and Development of Funding Recommendations for 2023 16.0 2,768.00$ Administration 2023 City Administrative and Capacity Building Application Prep 4.0 692.00$ Administration Human Relations Commission Review of CDBG Recommendations 3.0 519.00$ Administration Housing Element Annual Progress Report 17.0 2,941.00$ Administration Affordable Housing Fund Status Report for CDBG Grant Request Review 12.0 2,076.00$ Administration Year End Report Preparation 9.5 1,643.50$ Administration FY 2023-2024 TOTAL: Capacity Building 94.5 16,348.50$ TOTAL FUNDS: Capacity Building Total Funds Granted: $15,966.50 Task Time (hours) Total Expense Program HouseKeys Affordable Housing Inventory 10.0 1,730.00$ Capacity Building Below Market Rate Housing Administrator Meeting 16.0 2,768.00$ Capacity Building Affordable Housing Program Loan Administration 8.0 1,384.00$ Capacity Building Homelessness Response Steering Committee Meeting 20.0 3,460.00$ Capacity Building Waterman Village Affordable Housing Project 15.0 2,595.00$ Capacity Building Equity Share Program Administration 12.0 2,076.00$ Capacity Building Affordable Housing Agreement Preparation 20.0 3,460.00$ Capacity Building 736 Orcutt Closing Calls 6.0 1,038.00$ Capacity Building Broad Street Place Closing/Perm Conversion Calls 9.0 1,557.00$ Capacity Building 1422 Monterey Design/Planning Meeting 2.0 346.00$ Capacity Building Zoning Regulations Update - ADU Provisions 6.5 1,124.50$ Capacity Building BMR Administrator RFP Preparation 2.5 432.50$ Capacity Building BEGIN Loan Application Review 8.0 1,384.00$ Capacity Building Housing and Homelessness Response Group Meeting 10.0 1,730.00$ Capacity Building Senate Bill 9 Application Review 12.5 2,162.50$ Capacity Building Avila Ranch/San Luis Ranch BMR Closings 9.0 1,557.00$ Capacity Building Regional Housing Action Team Meetings 14.5 2,508.50$ Capacity Building FY 2023-24 TOTAL: Capacity Building 181.0 31,313.00$ June 7, 2024 Harlee Hopkins Department of Planning and Building 976 Osos Street, Room 300 San Luis Obispo, CA 93408 Re: Request for Grant Payment for City of San Luis Obispo 2023 Community Development Block Grant (CDBG) Program Administration Dear Harlee, Please prepare two checks in the amount of $15,942.66 each, to the City of San Luis Obispo, for 2023 CDBG- funded Program Administration and Capacity Building activities, for the period of July 1, 2023, through June 30, 2024. These documents are provided per the 2021-23 Cooperative Agreement with the County of San Luis Obispo and Federal CDBG Regulations. If you have any questions, please reach me by phone at (805) 781-7524 or via email at damini@slocity.org. Thank you, David Amini, Housing Coordinator cc. Debbie Malicoat, Accounting Manager Controller Attachments: 1. Payment Request Form 2. Progress Report 3. Itemized Expenses Project Name Project Address Invoice Number Q1 Q2 Q3 Q4 Line Item Total Budget December January February March April May June July August September October November Remaining Balance Capacity Building 15,942.66$ 31,313.00$ (15,370.34)$ Administration 15,942.66$ 16,348.50$ (405.84)$ -$ -$ Total 31,885.32$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 47,661.50$ (15,776.18)$ Notes: Certification: Name: Signature: Title: Date: County Staff Use Only: Homeless Division Program Approval Date Date Finance staff initials Funding Source Grant Term Instructions: Please complete the column associated with the period you are requesting payment for, monthy. CDBG 2023-24 Itemize all costs by budget line item, arranged in the same order as the approved budget. Payment requests will not be reimbursed without proper documentation. Phone #(805) 781-7524Organization Name Contact Name Email City of San Luis Obispo, Community Development David Amini, Housing Coordinator damini@slocity.org Homeless Services - County of San Luis Obispo (ca.gov) │ SS_HomelessServices@co.slo.ca.us Funds drawn date Balance (after request) To request reimbursement: complete this form, attach source documents and proof of payment(s), certify information is accurate, obtain an authorized signature, and submit via email to SS_HomelessGrants@co.slo.ca.us Please do NOT send this request directly to the County Auditor-Controller's Office. CDBG Capacity Building and Administration 919 Palm St, San Luis Obispo, CA 93401 I am an authorized and qualified official who reviewed the attached expenditures. I hereby certify that information provided for the period identified is correct, accurate, reliable, and represent authentic records of time and services provided as acquired. COUNTY OF SAN LUIS OBISPO DEPARTMENT OF SOCIAL SERVICES Payment Request Form June July August September October November December January February March April May In-Kind Match -$ Cash Match -$ Total Match -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Assessment of Service Needs -$ Assistance with Moving Costs -$ Case Management -$ Child Care -$ Education Services -$ Employment Assistance -$ Food -$ Housing/Counseling Services -$ Legal Services -$ Life Skills -$ Mental Health Services -$ Outpatient Health Services -$ Outreach Services -$ Substance Abuse Treatment Services -$ Transportation -$ Utility Deposits -$ Operating -$ Total Supportive Services -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Instructions: In correspondence with categories you are billing for on your payment request, please enter costs specific to the HUD subcategories for supportive services as well as monthly match. COUNTY OF SAN LUIS OBISPO DEPARTMENT OF SOCIAL SERVICES Financial Report- APR 1 From:Shristie, Alicia@HCD <Alicia.Shristie@hcd.ca.gov> Sent:Friday, December 20, 2024 3:31 PM To:McDonald, Whitney; McClish, Teresa; Tway, Timothea (Timmi); Amini, David; James, Dillon Cc:Evans, Edona@HCD; Sullivan, Claire@HCD; HCD Contracts Office Subject:RE: 23-PIP-18487 - Executed Attachments:23-PIP-18487 -213-Executed.pdf Flag Status:Flagged EXECUTED AGREEMENT NUMBER 23-PIP-18487 The contract between the Department of Housing and Community Development and your Organization has been executed. Attached to this email is a scanned version of the signed fully executed Std 213. The effective date of the contract is identified in the lower right-hand corner of the Std. 213 underneath the “Contract Manager Date Signed” box. Thank you for contracting with HCD. Should you have any questions, comments, or concerns about the contract process, please feel free to contact us. Alicia Shristie Contracts Analyst Housing & Community Development 651 Bannon Street, Suite 400 | Sacramento, CA 95811  Alicia.Shristie@hcd.ca.gov | Cell: 916-490-2685 From: McDonald, Whitney <WMcDonal@slocity.org> Sent: Tuesday, December 17, 2024 11:48 AM To: Shristie, Alicia@HCD <Alicia.Shristie@hcd.ca.gov> Cc: Evans, Edona@HCD <Edona.Evans@hcd.ca.gov>; Evans, Edona@HCD <Edona.Evans@hcd.ca.gov>; Sullivan, Claire@HCD <Claire.Sullivan@hcd.ca.gov>; Tway, Timothea (Timmi) <TTway@slocity.org>; James, Dillon <djames@slocity.org>; Amini, David <DAmini@slocity.org>; McClish, Teresa <tmcclish@slocity.org> Subject: Re: 23-PIP-18487 - Pending Alicia, et al. , This is to confirm that I, as authorized signatory for the City of San Luis Obispo, accept e-signing the Agreement. From: McClish, Teresa <tmcclish@ slocity. org> Sent: Tuesday, December 17, 2024 11: 01 AM To: Shristie, Alicia@ HCD Alicia, et al., This is to confirm that I, as authorized signatory for the City of San Luis Obispo, accept e-signing the Agreement. From: McClish, Teresa <tmcclish@slocity.org> Sent: Tuesday, December 17, 2024 11:01 AM To: Shristie, Alicia@HCD <Alicia.Shristie@hcd.ca.gov>; McDonald, Whitney <WMcDonal@slocity.org> Cc: Evans, Edona@HCD <Edona.Evans@hcd.ca.gov>; Evans, Edona@HCD <Edona.Evans@hcd.ca.gov>; Sullivan, Claire@HCD 2 <Claire.Sullivan@hcd.ca.gov>; Tway, Timothea (Timmi) <TTway@slocity.org>; James, Dillon <djames@slocity.org>; Amini, David <DAmini@slocity.org> Subject: RE: 23-PIP-18487 - Pending Good morning, Alicia: Please accept the executed standard agreement for the City of San Luis Obispo’s Prohousing Incentive Program funds (23-PIP-18487). City Manager, Whitney McDonald, will confirm acceptance and e-signing this agreement. Please let us know if you require anything further and thank you for the opportunity to participate in the program. Teresa McClish From: Shristie, Alicia@HCD <Alicia.Shristie@hcd.ca.gov> Sent: Wednesday, November 20, 2024 1:04 PM To: Tway, Timothea (Timmi) <TTway@slocity.org>; McClish, Teresa <tmcclish@slocity.org> Cc: Evans, Edona@HCD <Edona.Evans@hcd.ca.gov>; Evans, Edona@HCD <Edona.Evans@hcd.ca.gov>; Sullivan, Claire@HCD <Claire.Sullivan@hcd.ca.gov> Subject: 23-PIP-18487 - Pending This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. *NOTE: AGREEMENT MUST BE SIGNED & DATED BY: City Manager of the City of San Luis Obispo PENDING AGREEMENT NUMBER 23-PIP-18487 Please Reply to All Confirming Receipt of This Email The attached file is the electronic version of the pending Standard Agreement between the California Department of Housing and Community Development (HCD) and your organization. This file includes the STD 213 and Exhibit(s). To view this file, you will need Adobe Reader 8.0 or higher. Please use one of the following options to return the signed Standard Agreement STD 213. Do NOT return the Exhibit page(s). 1. Electronic Signature (E-sig) or Scanned Copy:  Sign, scan, and Reply All to this pending Standard Agreement email notification the attached, fully signed STD 213 within 30 days of receipt.  All signers must be included in the reply all email and they must respond confirming acceptance of e-signing this Agreement. 2. US Mail Delivery:  Print one copy of the Standard Agreement, STD 213.  The hardcopy must contain original, wet signature(s). Signature(s) in blue ink is preferred. DO NOT send photocopies of the signed STD 213 page(s).  Return the signed STD 213 within 30 days from the date of this email to: Department of Housing and Community Development Attn: Contracts Office, Alicia Shristie 651 Bannon Street, Suite 400 Sacramento, CA 95811 If the original resolution(s) did not authorize a designated official to sign the STD 213 and amendments thereto, your governing body must adopt a resolution authorizing a designated official(s) to sign the STD 213 and any subsequent 3 amendments. If the authorized designee as reflected in the resolution, the awarded NOFA amount or your entity status has changed, you are required to provide, to the Department, a new resolution consistent with the terms of the NOFA award and adopted by your Board Once HCD approves and executes the Standard Agreement, the signed STD 213 will be emailed to you. An original signed STD 213 may also be provided to you, via U.S. mail, upon request. Please Note: This Standard Agreement will not be effective until it is signed by the Awardee’s designated official and the Department. The State shall not be liable for any payments on goods/services provided prior to final approval. The Department reserves the right to cancel any pending Standard Agreement in its entirety if not returned within the required 30-day period. Should you have any questions or comments regarding the Standard Agreement process, please contact me directly, via email, or at the number listed below. If you have any questions or concerns regarding the content of your Standard Agreement, please call your HCD Program Representative. Thank you for contracting with HCD. It is our hope that you find this process efficient and effective in meeting your contracting needs. Alicia Shristie Contracts Analyst Housing & Community Development 651 Bannon Street, Suite 400 | Sacramento, CA 95811  Alicia.Shristie@hcd.ca.gov | Cell: 916-490-2685 Type text here Edona Evans 12/18/2024 City of San Luis Obispo 23-PIP-18487 Page 1 of 3 EXHIBIT A Prohousing Incentive Program (PIP) NOFA Date: 01/23/2024 Approved Date: 06/11/2024 Preparation Date: 09/10/2024 AUTHORITY, PURPOSE AND SCOPE OF WORK 1. Authority Pursuant to Health and Safety Code section 50470, subdivision (b)(2)(C)(i), the State of California Department of Housing and Community Development (the “Department” or “State”) has established the Prohousing Incentive Program (“PIP” or the “Program” as defined in Attachment C of the Guidelines) for Local Governments and Localities. This Standard Agreement, along with all its exhibits (the “Agreement”), is entered into under the authority of, and in furtherance of, the purpose of the Program. Pursuant to Health and Safety Code Section 50470, subdivision (d) (“PIP Statute”), the Department has issued the Prohousing Incentive Program Guidelines and Notice of Funding Availability (“NOFA”) dated January 23, 2024, to govern administration of the fund and carry out the Program. 2. Purpose In accordance with the authority cited above, the Grantee has been awarded financial assistance in the form of a grant from the Program. The Department has agreed to make the grant to provide financial assistance to accelerate housing production for housing related projects and programs that assist in addressing the unmet housing needs of their local communities pursuant to the terms of the PIP Statute, Guidelines and NOFA, and Permanent Local Housing Allocation (PLHA) Statute and Guidelines, and this Agreement. By entering into this Agreement and thereby accepting the award of the Program funds, the Grantee agrees to comply with the terms and conditions of the PIP Statute, Guidelines and NOFA, and PLHA Statute and Guidelines, and this Agreement, the representations contained in the application, and the requirements of the authority cited above. Based on the representations made by the Grantee, the State shall provide a grant in the amount shown in Exhibit B, Section 2, Grant and Reimbursement Limit. 3. Definitions Terms not otherwise defined herein shall have the same meaning as definitions set forth in Health and Safety Code Section 50470 and Attachment C of the PIP Guidelines and Definition Section (Section 101) of the PLHA Guidelines. 4. Scope of Work City of San Luis Obispo 23-PIP-18487 Page 2 of 3 EXHIBIT A Prohousing Incentive Program (PIP) NOFA Date: 01/23/2024 Approved Date: 06/11/2024 Preparation Date: 09/10/2024 The “Scope of Work” or “Work” for this Agreement shall be used to accelerate housing production for housing related projects and programs that assist in addressing the unmet housing needs of their local communities. Uses shall consist of one or more of the eligible uses described in Guidelines set forth in the PIP Application, Exhibit E of this Agreement and any other supplemental forms prescribed by the Department in full accordance with this Agreement, PIP Guidelines and PLHA Guidelines Section 301. Where eligible uses in PIP Guidelines Section 601 differ from PLHA Guidelines Section 301, the Department will defer to PLHA Guidelines except for eligible uses 7 (accessibility modifications) and 10 (fiscal incentives). A Local government that receives an allocation shall use no more than five percent of the allocation for costs related to the administration of the Activity(ies) for which the allocation was made. Staff and overhead costs directly related to carrying out the eligible activities described in the PIP and PLHA Statute and Guidelines are “activity costs” and not subject to the cap on “administrative costs.” A Local government may share any funds available for administrative costs with entities that are administering its allocation. The Scope of Work may in no event be revised or altered without the Department’s prior written consent and approval, and such consent and approval is within the Department’s sole and absolute discretion. The Department reserves the right, but assumes no obligation, to review and approve any and all Work. 5. Department Contract Coordinator The Department’s Contract Coordinator of this Agreement is the Housing Policy Development Senior Program Manager, or the Manager’s designee. Unless otherwise informed, any notice, report, or other communication required by this Agreement shall be sent by email to the Department Contract Coordinator at ProhousingIncentive@hcd.ca.gov. 6. Grantee Contract Coordinator The Grantee’s Contract Coordinator for this Agreement is the Authorized Representative listed below. Authorized Representative Name: Timothea Tway Authorized Representative Title: Director of Community Development Department Agency Name: City of San Luis Obispo City of San Luis Obispo 23-PIP-18487 Page 3 of 3 EXHIBIT A Prohousing Incentive Program (PIP) NOFA Date: 01/23/2024 Approved Date: 06/11/2024 Preparation Date: 09/10/2024 Address: 990 Palm Street San Luis Obispo, CA 93401 Phone Number: (805)781-7187 Email Address: ttway@slocity.org City of San Luis Obispo 23-PIP-18487 Page 1 of 5 EXHIBIT B Prohousing Incentive Program (PIP) NOFA Date: 1/23/2024 Approved Date: 06/11/2024 Preparation Date: 09/10/2024 BUDGET DETAIL AND PAYMENT PROVISIONS 1. Application for Funds A. Grantee has submitted to the Department an Application for a Grant under the Program. The Department is entering into this Agreement on the basis of, and in reliance on fact, information, assertions and representations contained in the Application and any subsequent modifications or additions thereto approved by the Department. The Application and any approved modifications and additions thereto are hereby incorporated into this Agreement. B. The Grantee warrants that all information, facts, assertions, and representations contained in the Application and approved modifications and additions thereto are true, correct, and complete to the best of the Grantee’s knowledge. In the event that any part of the Application and any approved modification and addition thereto is untrue, incorrect, incomplete, or misleading, in such a manner that would substantially affect the Department's approval, disbursement, reimbursement, or monitoring of the funding and the grant or activities governed by this Agreement, the Department may declare a breach hereof and take such action or pursue such remedies as are provided for breach hereof. 2. Grant and Reimbursement Limit The Department’s decision to approve or deny an application or request for funding pursuant to the Program, and its determination of the amount of funding provided, shall be final. The maximum total amount granted and disbursable to the Grantee pursuant to this Agreement shall not exceed $750,000.00. 3. Grant Timelines A. This Agreement is effective upon approval by all parties and the Department, which is evidenced by the date signed by the Department on page one, Standard Agreement, STD 213 (the “Effective Date”). B. The grant term begins on the day the Department and the grantee have fully executed the Standard Agreement as described in Exhibit D(1). C. All reimbursement requests for Grant funds must be submitted to the Department no later than March 30, 2026. D. Upon completion of all deliverables within the Standard Agreement and prior to processing final invoicing, the awardee shall submit a Close Out Report. City of San Luis Obispo 23-PIP-18487 Page 2 of 5 EXHIBIT B Prohousing Incentive Program (PIP) NOFA Date: 1/23/2024 Approved Date: 06/11/2024 Preparation Date: 09/10/2024 E. The Grantee shall deliver to the Department all supporting documents of Work performed on or before March 30, 2026, to ensure meeting the June 30, 2026, expenditure deadline. Under special circumstances, as determined by the Department, the Department may modify the March 30, 2026, reimbursement deadline but may not go beyond the expenditure deadline. F. It is the responsibility of the Grantee to monitor the project and timeliness of requests for reimbursement before the expenditure deadline. G. The grant term ends on June 30, 2027. 4. Conditions of Reimbursement A. The Department shall not award or disburse funds unless it determines that the grant funds shall be expended in compliance with the terms and provisions of the Guidelines, the NOFA, and this Agreement. B. Grant funds shall only be used by the Grantee for project activities approved by the State that involve the preparation and adoption of project activities as stated in the Scope of Work. C. A Grantee that receives funds under this Program may use a subcontractor. The subcontractor shall provide for compliance with all the requirements of the Program. The subcontract shall not relieve the Grantee of its responsibilities under the Program. D. After the contract has been executed by the Department and all parties, approved and eligible costs for eligible activities may be reimbursed for the project(s) upon completion of deliverables as set forth in the PIP Application, Exhibit E of this Agreement, and any other supplemental forms prescribed by the Department and subject to the terms and conditions of this Agreement. Applicants may request disbursements in advance of activity initiation under unique and/or unusual circumstances including but not limited to feasibility, lack of resources, or unavailability of funds. E. Only approved and eligible costs incurred for work after the NOFA date, continued past the date of execution and acceptance of the Standard Agreement and completed during the grant term until the expenditure deadline will be reimbursable. F. Approved and eligible costs incurred prior to the NOFA date are ineligible, unless otherwise approved by the Department. City of San Luis Obispo 23-PIP-18487 Page 3 of 5 EXHIBIT B Prohousing Incentive Program (PIP) NOFA Date: 1/23/2024 Approved Date: 06/11/2024 Preparation Date: 09/10/2024 G. The Contractor may request that eligible uses or grant funds may be revised without an amendment to this Agreement. This request must be made in writing to HCD and shall be effective only upon written HCD approval. HCD’s decision to approve or deny any such request shall be final. 5. Performance The Grantee shall take such actions, pay such expenses, and do all things necessary to complete the scope of work and within the terms and conditions 6. Fiscal Administration A. The Grantee is responsible for maintaining records which fully disclose the activities funded by the PIP grant. Adequate documentation for each reimbursable transaction shall be maintained to permit the determination, through an audit if requested by the State, of the accuracy of the records and the allowability of expenditures charged to Prohousing Incentive Program grant funds. If the allowability of expenditure cannot be determined because records or documentation are inadequate, the expenditure may be disallowed, and the State shall determine the reimbursement method for the amount disallowed. The State’s determination of the allowability of any expense shall be final. B. Prior to receiving grants, the Grantee shall submit the following documentation: 1) Government Agency Taxpayer ID Form (GovTIN; Fi$cal form). 2) A Request for Funds on a form and manner provided by the Department; and 3) Any and all additional documentation that may be requested by the Department in the prescribed form and manner. C. Grant fund payment will be made on a reimbursement basis. Project invoices will be submitted to the Department by the grantee on a quarterly basis or, if earlier, upon completion of deliverables. D. The Department recognizes that budgeted deliverable amounts are based upon estimates. Grantees may request, in writing, a budget adjustment across deliverables subject to written approval by the Department, as long as the total budget does not exceed the maximum amount awarded to the Grantee. E. Work must be completed prior to requesting reimbursement, unless otherwise approved by the Department. City of San Luis Obispo 23-PIP-18487 Page 4 of 5 EXHIBIT B Prohousing Incentive Program (PIP) NOFA Date: 1/23/2024 Approved Date: 06/11/2024 Preparation Date: 09/10/2024 F. Grant funds cannot be reimbursed until this Standard Agreement has been fully executed. G. The Grantee will be responsible for compiling all invoices and supporting documentation and reporting documents. Invoices must be accompanied by reporting materials where appropriate. Invoices without the appropriate reporting materials will not be paid. Failure to provide requested documentation to HCD could result in exclusion from consideration for grants in future program years. H. Supporting documentation may include but is not limited to purchase orders, receipts, progress payments, subcontractor invoices, timecards, or any other documentation as deemed necessary by the Department to support the reimbursement to the Grantee for expenses in accordance with the Grantee’s PIP Application and the PIP Guidelines. I. The Grantee will submit documentation to the Department detailing actual costs incurred, which must be based on clear and completed objectives and deliverables as outlined in the PIP Application, Exhibit E of this Agreement, and any other supplemental forms prescribed by the Department J. In unique and/or unusual circumstances, the Department may consider alternative arrangements (e.g., disbursements in advance of activity initiation) to reimbursement and payment methods. Unusual circumstances include but are not limited to feasibility, unavailable funds or lack of resources and substantial progress in expenditure. K. The Department may withhold Grant funds until the grant terms have been fulfilled. L. The Department may withhold eligible Program Grants in future program years until terms of this Agreement have been fulfilled to the satisfaction of the Department. 7. Budget Contingency Clause A. The Department’s provision of funding to Grantee pursuant to this Agreement is contingent on the continued availability of PIP funds and continued state authorization for PIP activities. The Department’s provision of funding is subject to amendment or termination due to lack of funds or proper authorization. This Agreement is subject to written modification or termination, as necessary, by the Department in accordance with requirements contained in any future state legislation and/or regulations. If funding for any fiscal year is reduced or deleted City of San Luis Obispo 23-PIP-18487 Page 5 of 5 EXHIBIT B Prohousing Incentive Program (PIP) NOFA Date: 1/23/2024 Approved Date: 06/11/2024 Preparation Date: 09/10/2024 for purposes of this program, the Department shall have the sole discretion to cancel this Agreement without cause, no liability occurring to the Department, or amend the current Agreement and amount allocated to Grantee. City of San Luis Obispo 23-PIP-18487 Page 1 of 12 EXHIBIT D Prohousing Incentive Program (PIP) NOFA Date: 1/23/2024 Approved Date: 06/11/2024 Preparation Date: 09/10/2024 PIP TERMS AND CONDITIONS 1. Effective Date, Commencement of Work This Agreement is effective upon the date of the Department representative’s signature on page one of the full executed Standard Agreement, STD 213. Grantee agrees that work under this Agreement shall not commence until execution of the STD 213, (the “Effective Date”). 2. Strict Compliance Grantee will strictly comply with the terms, conditions and requirements of the PIP Statute, Guidelines and NOFA, and PLHA Statute and Guidelines, and this Agreement. 3. Contractor’s Application for Funds A. Grantee has submitted to the Department an Application for a Grant under the Program. B. Grantee warrants that all information, facts, assertions and representations contained in the Application and approved modifications and additions thereto are true, correct, and complete to the best of Grantee’s knowledge. 4. Eligible Activities A. Grant funds awarded to the Grantee and expended by either the Grantee or any entity to which Grantee awards funds shall be used for the eligible activities set forth in Exhibit A(4). The following additional requirements shall apply: B. Each Grantee shall submit a Plan contained in Exhibit E detailing: 1) The manner in which allocated funds will be used for eligible activities. 2) A description of how the Plan is consistent with the programs set forth in the Local government’s Housing Element. 3) The following for each proposed Activity: a) A description of each proposed Activity and the percentage of funding allocated to it. b) A description of major steps/actions and a proposed schedule required for the implementation and completion of the Activity. City of San Luis Obispo 23-PIP-18487 Page 2 of 12 EXHIBIT D Prohousing Incentive Program (PIP) NOFA Date: 1/23/2024 Approved Date: 06/11/2024 Preparation Date: 09/10/2024 c) Where applicable, the period of affordability and level of affordability for each Activity. Rental Projects are required to have affordability periods of at least fifty-five years. C. If funds are used for the acquisition, construction, or rehabilitation of for-sale housing projects or units within for-sale housing projects, the grantee shall record a deed restriction against the property that will ensure compliance with one of the following requirements if the property is no longer the primary residence of the homeowner due to sale, transfer or lease, unless it is in conflict with the requirements of another public funding source or law: 1) PIP loan and any interest thereon shall be reused consistent with the Eligible Activities specified in Exhibit A(4); or, 2) The initial owner and any subsequent owner shall sell the home at an Affordable housing cost to a qualified Lower-Income or Moderate- Income household; or, 3) The homeowner and the Local government shall share the equity in the unit pursuant to an equity-sharing agreement. The grantee shall reuse the proceeds of the equity-sharing agreement consistent with the Eligible Activities specified in Exhibit A(4). D. If funds are used for the development of an affordable rental housing project, and the Local government makes the PIP assistance in the form of a loan to the Sponsor of the project, the loan shall be evidenced through a Promissory Note secured by a Deed of Trust. E. If funds are used as a loan, Grantees are required to implement a program income reuse plan describing how repaid loans and any interest thereon shall be reused for Eligible Activities specified in Exhibit A(4). 5. Scope of Work Revisions and Terms/Amendments A. Adjustments to the terms within this Agreement must be completed as a contract amendment. Contract amendments must be approved by the Department prior to implementation. If approved, contract amendments shall automatically be deemed a part of, and incorporated into, this Agreement. Approval shall be provided in writing, as appropriate. Contract amendments shall include but not be limited to: 1) Changes in the total grant amount; City of San Luis Obispo 23-PIP-18487 Page 3 of 12 EXHIBIT D Prohousing Incentive Program (PIP) NOFA Date: 1/23/2024 Approved Date: 06/11/2024 Preparation Date: 09/10/2024 2) Changes in Payee(s); 3) Changes in the expiration date of this Agreement; 4) Changes to the grant term date; 5) Changes to the Reimbursement Deadline. B. Revisions to the Scope of Work that may not require a contract amendment will be subject to the review and approval of the Housing Policy Development Senior Program Manager, or Manager’s Designee. Such revisions must be approved by the Department prior to implementation. Approval shall be provided in writing, as appropriate. Adjustments to the Scope of Work (Exhibit E) shall include but not be limited to: 1) An increase or reduction of activity scope; 2) Changes to or reallocations among activities that do not change the total award amount; 3) Changes in affordability and level of affordability for each activity; 4) Changes to activity start and/or completion dates. 6. Core Practices A Grantee or Subrecipient must provide eligible activities in a manner consistent with the housing first practices described in California Code of Regulations, title 25, section 8409(b)(1)-(6). A Grantee or Subrecipient allocated funds for eligible activities that provide permanent housing shall incorporate the core components of Housing First as provided in Section 8255(b) of the Welfare and Institutions Code. 7. Monitoring Grant Activities A. Grantee shall monitor the activities selected and awarded by them to ensure compliance with PIP requirements. An onsite monitoring visit of Subrecipients and any other service providers may occur whenever determined necessary by the Grantee, but at least once during the Grant period. B. The Department will monitor the performance of the Grantee based on a risk assessment and according to the terms of this Agreement. The Department may City of San Luis Obispo 23-PIP-18487 Page 4 of 12 EXHIBIT D Prohousing Incentive Program (PIP) NOFA Date: 1/23/2024 Approved Date: 06/11/2024 Preparation Date: 09/10/2024 also monitor any Subrecipients of the Grantee as the Department deems appropriate based on a risk assessment. C. As requested by the Department, the Grantee shall submit to the Department all PIP monitoring documentation necessary to ensure that Grantee and its Subrecipients are in continued compliance with PIP requirements. Such documentation requirements and the submission deadline shall be provided by the Department at the time such information is requested from the Grantee. 8. Reporting/Audits A. During the term of the Standard Agreement, the Department may request a performance report that demonstrates satisfaction of all requirements identified in the Standard Agreement and other Program requirements with emphasis on eligible activities, eligible uses, ineligible uses, and expenditures, according to timelines and budgets referenced herein. B. Grantees shall submit a report, in the form and manner prescribed by the Department, by April 1 of the year following the receipt of funds, and annually thereafter until funds are expended. The annual report shall contain a detailed report which must include, at a minimum: 1) Identification of the Eligible Activities to which the Grantee committed program funds, and the income levels of households assisted; 2) Amounts awarded to Subrecipients with the activity(ies) identified; 3) Identification of the Eligible Activities upon which the Contractor expended program funds, and the income levels of households assisted and the affordability level for any units assisted; and 4) Close out report for contracts that were fully expended and in which all activities funded were completed during the fiscal year. C. The Department may request additional information, as needed. D. At any time during the term of the Standard Agreement, the Department reserves the right to perform or cause to be performed a financial audit. At the Department’s request, the Contractor shall provide, at its own expense, a financial audit prepared by a certified public accountant. The State of California has the right to review project documents and conduct audits during and over the project life. City of San Luis Obispo 23-PIP-18487 Page 5 of 12 EXHIBIT D Prohousing Incentive Program (PIP) NOFA Date: 1/23/2024 Approved Date: 06/11/2024 Preparation Date: 09/10/2024 E. If a financial audit is required by the Department, the audit shall be performed by an independent certified public accountant. Selection of an independent audit firm shall be consistent with procurement standards contained in 24 CFR 85.36. 1) The Contractor shall notify the Department of the auditor's name and address immediately after the selection has been made. The contract for the audit shall allow access by the Department to the independent auditor's working papers. 2) The Contractor is responsible for the completion of audits and all costs of preparing audits. 3) If there are audit findings, the Contractor must submit a detailed response acceptable to the Department for each audit finding within ninety (90) days from the date of the audit finding report. 9. Retention and Inspection Records A. The Contractor is responsible for maintaining records, which fully disclose the activities funded by the Grant. Adequate documentation of each transaction shall be maintained to permit the determination, through an audit if requested by the State, of the accuracy of the records and the allowability of expenditures charged to Grant funds. B. The Grantee, its staff, contractors and subcontractors shall establish and maintain an accounting system and reports that properly accumulate incurred project costs by line. The accounting system shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for payment vouchers and invoices. C. The Eligible Applicant shall maintain documentation of its normal procurement policy and competitive bid process (including the use of sole source purchasing), and financial records of expenditures incurred during the project in accordance with GAAP. D. The Eligible Applicant must establish a separate ledger account for receipts and expenditures of grant funds and maintain expenditure details in accordance with the scope of work, project timeline and budget. Separate bank accounts are not required. E. The Contractor agrees that the Department or its designee shall have the right to review, obtain, and copy all records and supporting documentation pertaining to City of San Luis Obispo 23-PIP-18487 Page 6 of 12 EXHIBIT D Prohousing Incentive Program (PIP) NOFA Date: 1/23/2024 Approved Date: 06/11/2024 Preparation Date: 09/10/2024 performance of this Agreement. The Contractor agrees to provide the Department or its designee, with any relevant information requested. 1) The Contractor agrees to permit the Department or its designee access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees who might reasonably have information related to such records and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with the PLHA Statutes, the NOFA, and this Agreement. F. The Contractor further agrees to retain all records for a period of five years after the end of the term of this Agreement: 1) If any litigation, claim, negotiation, audit, monitoring, inspection or other action has been started before the expiration of the required record retention period, all records must be retained until completion of the action and resolution of all issues, which arise from it. 2) The Contractor also agrees to include in any contract that it enters in an amount exceeding $10,000, the Department’s right to audit the contractor’s records and interview their employees. The Contractor shall comply with the caveats and be aware of the penalties for violation of fraud and for obstruction of investigation as set forth in California Public Code Section 10115.10. G. The determination by the Department of the eligibility of any expenditure shall be final. If the eligibility of any expenditure cannot be determined because records or documentation are inadequate, the expenditure may be disallowed, and the Department shall determine the reimbursement method for the amount disallowed. H. The Contractor shall retain all books and records relevant to this Agreement for a minimum of five years after the end of the term of this Agreement. Records relating to any and all audits or litigation relevant to this Agreement shall be retained for five years after the conclusion or resolution of the matter. I. Subcontractors employed by the Grantee and paid with moneys under the terms of this Standard Agreement shall be responsible for maintaining accounting records as specified above. The Grantee shall monitor and enforce subcontracts accordingly. City of San Luis Obispo 23-PIP-18487 Page 7 of 12 EXHIBIT D Prohousing Incentive Program (PIP) NOFA Date: 1/23/2024 Approved Date: 06/11/2024 Preparation Date: 09/10/2024 10. Breach and Remedies of Non-Performance A. The Department may monitor expenditures and activities of an applicant, as the Department deems necessary, to ensure compliance with Program requirements. B. Any dispute concerning a question of fact arising under this Standard Agreement that is not disposed of by agreement shall be decided by the Department’s Housing Policy Development Manager, or the Manager’s designee, who may consider any written or verbal evidence submitted by the Grantee. The decision of the Department’s Housing Policy Development Manager or Designee shall be the Department’s final decision regarding the dispute. C. Neither the pendency of a dispute nor its consideration by the Department will excuse the Grantee from full and timely performance in accordance with the terms of this Standard Agreement. D. In the event that it is determined, at the sole discretion of the Department, that the Grantee is not meeting the terms and conditions of the Standard Agreement, immediately upon receiving a written notice from the Department to stop work, the Grantee shall cease all work under the Standard Agreement. The Department has the sole discretion to determine that the Grantee meets the terms and conditions after a stop work order, and to deliver a written notice to the Grantee to resume work under the Standard Agreement. E. Both the Grantee and the Department have the right to terminate the Standard Agreement at any time upon 30 days written notice. The notice shall specify the reason for early termination and may permit the Grantee or the Department to rectify any deficiency(ies) prior to the termination date. The Grantee will submit any requested documents to the Department within 30 days of the early termination notice. F. At any time, if the Department finds the applicant falsely proposed information in the application or as part of the application review, including documentation related to incentive payments (e.g., affordability, enhancements), the Department may require the repayment of funds or decline reimbursement. G. The Department may, as it deems appropriate or necessary, require the repayment of funds from a grantee, or pursue any other remedies available to it by law for failure to comply with Program requirements (Health and Safety Code section 50515.04(e). H. The following shall constitute a breach of this Agreement: City of San Luis Obispo 23-PIP-18487 Page 8 of 12 EXHIBIT D Prohousing Incentive Program (PIP) NOFA Date: 1/23/2024 Approved Date: 06/11/2024 Preparation Date: 09/10/2024 1) Grantee’s failure to comply with any of the terms and conditions of this Agreement. 2) Use of, or permitting the use of, grant funds provided under this Agreement for any ineligible costs or for any activity not approved under this Agreement. 3) Any failure to comply with the deadlines set forth in this Agreement unless approved by the Program Manager. I. In addition to any other remedies that may be available to the Department in law or equity for breach of this Agreement, the Department may at its discretion, exercise the following remedies: 1) Disqualify the Grantee from applying for future Program Funds or other Department administered grant programs; 2) Revoke existing PIP award(s) to the Grantee; 3) Decline reimbursement of funds; 4) Require the return of unexpended Program funds disbursed under this Agreement; 5) Require repayment of Program funds disbursed and expended under this Agreement; 6) Require the immediate return to the Department of all funds derived from the use of Program funds including, but not limited to recaptured funds and returned funds; 7) Seek, in a court of competent jurisdiction, an order for specific performance of the obligation defaulted upon, or the appointment of a receiver to complete the obligations in accordance with the PIP requirements; and 8) Other remedies available at law, or by and through this Agreement. J. All remedies available to the Department are cumulative and not exclusive. K. The Department may give written notice to the Grantee to cure the breach or violation within a period of not less than fifteen (15) days. City of San Luis Obispo 23-PIP-18487 Page 9 of 12 EXHIBIT D Prohousing Incentive Program (PIP) NOFA Date: 1/23/2024 Approved Date: 06/11/2024 Preparation Date: 09/10/2024 11. Termination A. The Department may terminate this Agreement at any time for cause by giving a minimum of thirty days’ notice of termination, in writing, to the Grantee. Cause shall consist of, violations of any terms and/or special conditions of this Agreement, the PIP Statutes, Guidelines or NOFA. Upon termination of this Agreement, unless otherwise approved in writing by the Department, any unexpended funds received by the Grantee shall be returned to the Department within thirty days of the notice of termination. B. This Agreement is subject to any additional restrictions, limitations or conditions, or statute, regulations or any other laws, whether federal or those of the State of California, or of any agency, department, or any political subdivision of the federal or the State of California governments, which may affect the provisions, terms or funding of this Agreement in any manner. C. The Department has the option to terminate this Agreement under the thirty-day cancellation clause or to amend this Agreement to reflect any reduction of funds. 12. Waivers No waiver of any breach of this Agreement shall be held to be a waiver of any prior or subsequent breach. The failure of the Department to enforce at any time the provisions of this Agreement, or to require at any time, performance by the Grantee of these provisions, shall in no way be construed to be a waiver of such provisions nor to affect the validity of this Agreement or the right of the Department to enforce these provisions. 13. Relocation Grantee shall comply with all requirements of applicable California relocation law (Gov. Code, § 7260 et seq. and the regulations promulgated thereunder at Cal. Code Regulations, Title. 25, § 6000 et seq.). Any relocation plan for the Development shall be subject to the review and approval by the State. 14. Relationship of Parties It is expressly understood that this Standard Agreement is an agreement executed by and between two independent governmental entities and is not intended to, and shall not be construed to, create the relationship of agent, servant, employee, partnership, joint venture or association, or any other relationship whatsoever other than that of an independent party. City of San Luis Obispo 23-PIP-18487 Page 10 of 12 EXHIBIT D Prohousing Incentive Program (PIP) NOFA Date: 1/23/2024 Approved Date: 06/11/2024 Preparation Date: 09/10/2024 15. Third-Party Contracts A. All state-government funded procurements must be conducted using a fair and competitive procurement process. The Grantee may use its own procurement procedures as long as the procedures comply with all City/County laws, rules and ordinances governing procurement, and all applicable provisions of California state law. B. Any contract entered into as a result of this Agreement shall contain all the provisions stipulated in the Agreement to be applicable to the Grantee’s sub- recipients, contractors, and subcontractors. Copies of all agreements with sub- recipients, contracts, and subcontractors must be submitted to the Department’s program manager upon request. C. The Department does not have a contractual relationship with the Grantee’s sub- recipients, contractors, or subcontractors, and the Grantee shall be fully responsible for all work performed by its sub-recipients, contractors, or subcontractors. D. In the event the Grantee is partnering with another jurisdiction or forming a collaborative effort between the Grantee and other jurisdictions who are grantees of the PIP, the Grantee acknowledges that each partner and/or all entities forming the SB 2 PIP collaborative are in mutual written agreement with each other but are contractually bound to the Department under separate, enforceable contracts. E. In the event the Grantee is partnering with another jurisdiction or forming a collaborative effort with other entities that are not grantees of the Prohousing Incentive Program, the Department shall defer to the provisions as noted in subsections 8(B) and 8(C) of this Section. F. The Grantee agrees to comply with all conditions of this Agreement including the Special Conditions set forth in Exhibit E. These conditions shall be met to the satisfaction of the Department prior to disbursement of funds. The Grantee shall ensure that all Subrecipients are made aware of and agree to comply with all conditions of this Agreement and the applicable State requirements governing the use of Grant funds. The Grantee shall ensure that all Subrecipients are qualified to do business and in good standing with the California Secretary of State and the California Franchise Tax Board. Failure to comply with these conditions may result in cancellation of this Agreement. City of San Luis Obispo 23-PIP-18487 Page 11 of 12 EXHIBIT D Prohousing Incentive Program (PIP) NOFA Date: 1/23/2024 Approved Date: 06/11/2024 Preparation Date: 09/10/2024 16. Compliance with State and Federal Laws, Rules, Guidelines and Regulations A. The Grantee agrees to comply with all state and federal laws, rules and regulations that pertain to construction, health and safety, labor, fair employment practices, equal opportunity, and all other matters applicable to the grant, the Grantee, its contractors or subcontractors, and any other grant activity. B. During the performance of this Agreement, the Grantee assures that no otherwise qualified person shall be excluded from participation or employment, denied program benefits, or be subjected to discrimination based on race, color, ancestry, national origin, sex, gender, gender identity, gender expression, genetic information, age, disability, handicap, familial status, religion, or belief, under any program or activity funded by this contract, as required by Title VI of the Civil Rights Act of 1964, the Fair Housing Act (42 USC 3601-20) and all implementing regulations, and the Age Discrimination Act of 1975 and all implementing regulations. C. The Grantee shall include the nondiscrimination and compliance provisions of this clause in all agreements with its sub-recipients, contractors, and subcontractors, and shall include a requirement in all agreements with all of same that each of them in turn include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts they enter into to perform work under the Prohousing Incentive Program. D. The Grantee shall, in the course of performing project work, fully comply with the applicable provisions of the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.) E. The Grantee shall adopt and implement affirmative processes and procedures that provide information, outreach and promotion of opportunities in the Prohousing Incentive Program project to encourage participation of all persons regardless of race, color, national origin, sex, religion, familial status, or disability. This includes, but is not limited to, a minority outreach program to ensure the inclusion, to the maximum extent possible, of minorities and women, and entities owned by minorities and women, as required by 24 CFR 92.351. 17. Litigation City of San Luis Obispo 23-PIP-18487 Page 12 of 12 EXHIBIT D Prohousing Incentive Program (PIP) NOFA Date: 1/23/2024 Approved Date: 06/11/2024 Preparation Date: 09/10/2024 A. If any provision of this Agreement, or an underlying obligation, is held invalid by a court of competent jurisdiction, such invalidity, at the sole discretion of the Department, shall not affect any other provisions of this Agreement and the remainder of this Agreement shall remain in full force and effect. Therefore, the provisions of this Agreement are, and shall be, deemed severable. B. The Grantee shall notify the Department immediately of any claim or action undertaken by or against it, which affects or may affect this Agreement or the Department, and the Grantee shall take such action with respect to the claim or action as is consistent with the terms of this Agreement and the interests of the Department. 18. Special Conditions The State reserves the right to add any special conditions to this Agreement it deems necessary to assure that the policy and goals of the Program are achieved. City of San Luis Obispo 23-PIP-18487 Page 1 of 3 EXHIBIT E Prohousing Incentive Program (PIP) NOFA Date: 1/23/2024 Approved Date: 06/11/2024 Preparation Date: 07/31/2024 PROGRAM-SPECIFIC PROVISIONS AND SPECIAL CONDITIONS 1. Program-specific Provisions The following are project-specific terms and conditions and shall inform the references made to project-specific information not contained in the Standard Agreement. 2. Budget Detail: Grantee has been awarded the following grant activity amounts: $750,000.00 Estimated allocation may not exceed: $750,000.00 Payees: City of San Luis Obispo, People’s Self-Help Housing Corporation, Smartshare Housing Solutions, Housing Authority of the City of San Luis Obispo, Transitions Mental Health Association The authorized Payee(s) is/are specified below: Name: City of San Luis Obispo Amount: $750,000 Name: People’s Self-Help Housing Corporation Amount: $400,000 Name: Smartshare Housing Solutions Amount: $150,000 Name: Housing Authority of the City of San Luis Obispo Amount: $150,000 Name: Transitions Mental Health Association Amount: $50,000 3. Consistency with Housing Element Programs: Provide a description of how the Plan is consistent with the programs set forth in the Local government’s Housing Element. The City’s Housing Element identifies increased housing production as a major goal. Affordability is also identified as a major goal, with continuation of the Affordable Housing Fund program described within. The Affordable Housing Fund is intended to accelerate production of affordable housing projects with the goal of supporting 4 developments per year. This is achieved through direct financial assistance to affordable housing projects that are ready for construction. The PIP funds will enable the City to make loans from the Affordable Housing Fund to 4 eligible projects. City of San Luis Obispo 23-PIP-18487 Page 2 of 3 EXHIBIT E Prohousing Incentive Program (PIP) NOFA Date: 1/23/2024 Approved Date: 06/11/2024 Preparation Date: 07/31/2024 Project Timeline, Budget, and Statement of Work (Plan): PROJECT TIMELINE AND BUDGET AND STATEMENT OF WORK Objective Responsible Party Est. Cost Begin End Deliverable Notes Objective: Award funds to 4 separate affordable housing projects in the City. City of San Luis Obispo $750,000 9/1/2024 6/1/2025 Fund disbursement Subtask: Award funds to Calle Joaquin Homekey Project. Claim reimbursement for development activities City/People’s Self-Help Housing $400,000 9/1/2024 12/1/2025 Development of a 75 unit affordable housing community targeting formerly homeless populations Subtask: Award funds to Waterman Village Project. Claim reimbursement for development activities City/SmartShare Housing Solutions $150,000 12/1/2024 12/1/2025 Development of a 20 unit affordable housing community serving low to very-low incomes Subtask: Award funds to Monterey Crossing Senior Housing Project. Claim reimbursement for development Housing Authority of the City of San Luis Obispo $150,000 11/1/2024 6/1/2025 Development of a 55 unit affordable housing community serving low income seniors and individuals. Subtask: Award funds to TMHA Supportive Housing Project. Claim reimbursement for development Transitions Mental Health Association $50,000 11/1/2024 4/1/2025 Development of a 3-bedroom ADU in an existing residential property with permanent supportive housing. Total Estimated Cost: $750,000 City of San Luis Obispo 23-PIP-18487 Page 3 of 3 EXHIBIT E Prohousing Incentive Program (PIP) NOFA Date: 1/23/2024 Approved Date: 06/11/2024 Preparation Date: 07/31/2024 4. Special Terms and Conditions The following Special Conditions are applicable to this Standard Agreement: None. 1 Council Minutes March 4, 2025, 5:30 p.m. Council Chambers, 990 Palm Street, San Luis Obispo Council Members Present: Council Member Mike Boswell, Council Member Emily Francis, Council Member Jan Marx, Vice Mayor Michelle Shoresman, Mayor Erica A. Stewart City Staff Present: City Manager Whitney McDonald, Christine Dietrick, City Attorney, Teresa Purrington, City Clerk _____________________________________________________________________ 1. CALL TO ORDER A Regular Meeting of the San Luis Obispo City Council was called to order on March 4, 2025 at 5:30 p.m. in the Council Chambers, 990 Palm Street, San Luis Obispo, by Mayor Stewart. 5. CONSENT AGENDA Motion By Council Member Francis Second By Council Member Boswell To approve Consent Calendar Items 5a to 5f. Ayes (5): Council Member Boswell, Council Member Francis, Council Member Marx, Vice Mayor Shoresman, and Mayor Stewart CARRIED (5 to 0) 5.a WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES Waive reading of all resolutions and ordinances as appropriate. 5.b MINUTES REVIEW - FEBRUARY 11, 2025 AND FEBRUARY 18, 2025 COUNCIL MINUTES Approve the following minutes of the City Council: • February 11, 2025 - Closed Session Meeting • February 18, 2025 - Regular Meeting 2 5.c AUTHORIZE AMENDMENTS TO ENCAMPMENT RESOLUTION FUND SUBRECIPIENT AGREEMENT WITH THE COUNTY FOR IMPLEMENTATION OF THE WELCOME HOME VILLAGE PROJECT AND EXECUTION OF A REIMBURSEMENT AGREEMENT WITH THE COUNTY FOR A SEWER MAIN EXTENSION 1. Authorize staff to amend the Encampment Resolution Fund Subrecipient Agreement with the County of San Luis Obispo for implementation of the Welcome Home Village Project; and 2. Authorize the City Manager to execute a Reimbursement Agreement with the County of San Luis Obispo for the City’s construction of the Bishop Street sewer main extension (Sierra Way Sewer Replacement Project, Specification No. 2000539 Additive Alternate A) to serve the Welcome Home Village Project, not to exceed $357,000; and 3. Authorize the Finance Director to appropriate up to $71,400 from the Capital Projects Reserve LRM Fund to the Sierra Way Sewer Replacement Project, Specification No. 2000539, in support of Contract Change Orders associated with the Sierra Way Sewer Replacement Project, Specification No. 2000539, Additive Alternate A; and 4. Authorize the City Engineer to approve Contract Change Orders associated with the Sierra Way Sewer Replacement Project, Specification No. 2000539, Additive Alternate A up to the available project budget, including subsequently approved budget approved by the Finance Director up to $428,400; and 5. Find the actions exempt from the California Environmental Quality Act (CEQA). 5.d AUTHORIZATION TO ADVERTISE THE GROUNDWATER WELL DRILLING PROJECT, SPEC. 2091506, AND ADOPTION OF THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM FOR THE GROUNDWATER CONTAMINATION CHARACTERIZATION PROJECT 1. Approve the project plans and special provisions for the Groundwater Well Drilling Project, Specification Number 2091506; and 2. Authorize staff to advertise for bids; and 3 3. Authorize the City Manager to award the Construction Contract pursuant to Section 3.24.190 of the Municipal Code if the lowest responsive and responsible bid is within the available budget for the Groundwater Well Drilling Project; and 4. Authorize the City Engineer to approve Contract Change Orders up to the available project budget; and 5. Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, recommending adoption of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Groundwater Contamination Characterization Project”; and 6. Authorize the City Manager to approve contract amendments for the project, not to exceed a cumulative total of $7,750,429. 5.e APPROVE RELEASE OF A REQUEST FOR QUALIFICATIONS FOR ON- CALL COMMUNICATION SUPPORT SERVICES Approve the release of a Request for Qualifications to establish a new list of prequalified on-call consultants to support public information and communications efforts for up to five years and authorize the City Manager authority to execute on-call agreements with selected consultants. 5.f 2025 SEWER SYSTEM MANAGEMENT PLAN UPDATE, ADOPTION AND RECERTIFICATION 1. Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, adopting the 2025 Sewer System Management Plan Update,” approving the 2025 Sanitary Sewer Management Plan; and 2. Authorize the City’s Director of Utilities, or designee, to recertify the 2025 Sanitary Sewer Management Plan with the State Water Resources Control Board. 6. PUBLIC HEARING AND BUSINESS ITEMS 6.a REVIEW AN APPEAL OF A PLANNING COMMISSION DECISION TO APPROVE THE WATERMAN VILLAGE PROJECT AT 466 DANA STREET (ARCH-0329-2022, EID-0637-2022) Council Member(s) Francis, Marx and Boswell, Vice Mayor Shoresman and Mayor Stewart noted their Ex Parte Communications regarding the project. 4 Motion By Council Member Boswell Second By Vice Mayor Shoresman To a dopt the 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).” Ayes (5): Council Member Boswell, Council Member Francis, Council Member Marx, Vice Mayor Shoresman, and Mayor Stewart CARRIED (5 to 0) 6.b INTRODUCE AN ORDINANCE AMENDING TITLE 16 (SUBDIVISION REGULATIONS) AND TITLE 17 (ZONING REGULATIONS) OF THE MUNICIPAL CODE ADDRESSING STATE LEGISLATIVE UPDATES ON ACCESSORY AND JUNIOR ACCESSORY DWELLING UNITS AND URBAN LOT SPLITS Motion By Council Member Boswell Second By Vice Mayor Shoresman As recommended by the Planning Commission, introduce a Draft Ordinance entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California, approving an update to the City’s Subdivision Regulations (Title 16) and Zoning Regulations (Title 17) to implement State Legislative Updates on Accessory and Junior Accessory Dwelling Units and Urban Lot Splits; and an Update to the City’s Zoning Regulations (Title 17) to Provide Clarifications to Regulations for Affordable Housing Projects with an Exemption from Environmental Review (CEQA).” with the following change to Section 5. 16.15.020 B.1: 1. A minor urban lot split shall not be located on any site identified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of California Government Code Section 65913.4, unless the development satisfies the requirements specified therein. Such sites include, but are not limited to, prime farmland, wetlands, high or very high fire hazard severity zones, special flood hazard areas, regulatory floodways, and lands identified for conservation or habitat preservation as specifically defined in Government Code Section 65913.4. 5 Ayes (5): Council Member Boswell, Council Member Francis, Council Member Marx, Vice Mayor Shoresman, and Mayor Stewart CARRIED (5 to 0) 6.c CITY WORKFORCE VACANCIES, RECRUITMENT, AND RETENTION TRENDS (AB 2561) Motion By Council Member Francis Second By Council Member Marx 1. Adopt a Draft Resolution entitled, “A Resolution of the Council of the City of San Luis Obispo, California adopting ‘Policies and Procedures for the Public Hearing under AB 2561’”; and 2. Conduct a public hearing regarding, and receive and file the City of San Luis Obispo Workforce Vacancies, Recruitment, and Retention Trends presentation. Ayes (5): Council Member Boswell, Council Member Francis, Council Member Marx, Vice Mayor Shoresman, and Mayor Stewart CARRIED (5 to 0) 6.d AUTHORIZE PG&E AGREEMENT, ADOPT GOVERNMENT CODE 4217 FINDINGS, AND ISSUE WORK ORDER TO ADVANCE MUNICIPAL FACILITY ENERGY SYSTEM RETROFITS Motion By Council Member Francis Second By Council Member Marx 1. Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, making findings on energy savings and authorizing a Services Agreement with the Pacific Gas and Electric Company pursuant to California Government Code Section 4217” and thereby approve the use of a design-build procurement method consistent with Government Code Section 4217; and 2. Authorize the City Manager to execute a Services Agreement with Pacific Gas and Electric Company (PG&E) to provide turnkey services for energy conservation assessments of City facilities and installation of energy conservation measures; and 6 3. Authorize the City Manager to execute a Work Order for an Investment Grade Audit for the Municipal Facility Energy System Retrofit Project. Ayes (5): Council Member Boswell, Council Member Francis, Council Member Marx, Vice Mayor Shoresman, and Mayor Stewart CARRIED (5 to 0) 8. ADJOURNMENT The meeting was adjourned at 9:17 p.m. The next Regular City Council Meeting is scheduled for March 18, 2025 at 5:30 p.m. in the Council Chambers at City Hall, 990 Palm Street, San Luis Obispo. 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 Butrón 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 September 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 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. 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 plan. 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 the 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 act (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 the 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 17.140.070 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 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 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 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 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 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 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 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: Page 472 of 717 Resolution No. _____ (2025 Series) Page 9 R ______ 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 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 the 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 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. 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 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 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 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 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 service 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 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 Page 484 of 717 Resolution No. _____ (2025 Series) Page 21 R ______ 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 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 project 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 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. 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" ' '84VuvPAREPage492of717 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 PAGE5Page493 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 PAGE686Page494of717 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// Email Name S-rcffi{ote 6 rtlx PA p, Mailing Address andZip Code E,A U/rpPhone o 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 LuisObispoMunicipalCodeorTiile17, Chapter 12.126 of the Sa n Luis Obispo Municipal Code, Iherebyappealthedecisionofthe: 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 onNameandDepartment) (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 councirshouldconsiderI:[:tn:i:T':f E* ffi,Ifl g:",llx;Tpi,t-Jvo,,, appear vou i iv aft ach aaii 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 - / \ ii 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 withCityCouncilconsiderationofanappeal, including publib notification , allappeals pertaining toaplanningapplicationorplojectaresubjecttothefollowingwhichmustaccompanytheappealform:$2,583.46 filinq feen I hereby agree to appear andlor send a repres,entative to appear on my behalf when,s for a public 2 City Councit. * r*#.rc,it - '' /*A /4 Zel"q the 7 / ir(,ul iDgiit iu'-e;ii;iu"it aii app{tai uutiie:t wiif} uelliiiii ie_:tFrui-rsiriitnte\r. lI you ile a;l appeat,please understand t!1Ut must be rr'earo within a5 d"vriror riring this form,, except formattersarisingunderTitle17 (zoning Regulations) of the san r-ris obispo Municipal code shallbegovernedbythosechapters. You will be notified in writinj of the exact date your appeat wi1beheardbeforetheCouncit. you or^ yorr iupi"."nLli"i-ryUE" *o."tgd t" " ttrm rhe,pubtichaarinnanrl {^ hr: nranarar{ {n rnaLa .r.r, i. ".ooJ-V^,,-.ffirnnrr i<r ri;i+a;l;;Frninr rroc A continuance may be granted under certain and unusual circumstances. lf you feelyouneedtorequestacontinuan-ce, you must sybmit vou, eqr"st in writing to the city clerk. pleasebeadvisedthatifyourrequestforiontinuance-is reieived ii"i tn9 " pp"i ir noti""o to the public, thecouncilmaynotbeabigtograntthereluestforcontinuin"" submifting a request forcontinuancevvvurrv. vuerstrlvv .rru.,L ,rr;r;,r' ;u vr-rr.--; ,rru, uurrurr ru q. rr-re ui'uururrurr-ur- r.rru'Jr;r, J,ruur)uriri. t{aV",-l*/,'f" l'1 G$ r4/p/z * Page 2otZPage499 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++.lgiiJltt/ 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 nrnrrhna,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 nnnathaleccrrrillt """" " 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.,.^-^--. ^-- ^-_,- -_rJqugtlitrlaUl,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 thencouncirnanRobertGriffin, chat lliss Mary Gail Black was desirous of bequeathingtochecityherhistoricpropertyat464-466 Dana srreer which includesthe150yearoldCanetAdobe, curiently her hone. It was deternined atthlstimethattheproposedbequestwouldbeanexcellentadditionrothecityParkandRecreationhistoricalrestorationprogran, as was the JackHouseProject, and Miss Black so anended her wilt. rn late Ju]"y.1?gg, che ciry Artorney's office was conracred byMissaJacllsarrorney-inaicati"g rh"i she souid like to give rhe properryrotheGltynorciftheGicywouldagreetoaLifeEstaieduringtherenalnderofhernaturallifeandacceptrniintenanceresponsibilityfIrthegardensandbuildingsduringthlsLlfeEsrate. Scaff frou Parks and Recreation, public works and the AEtorney'sOfficemetwithMissBlackandheratrorneytoinspecttheproperryanadeterrninedlhatroofcoverrepair, utiliclservice naintenanceandbi'weekly garden and tree rnaintenance vould be necessary. l,Iiss B1ackalsorequestedthatcheCityberesponsibleforwaterandsewercostsnecessarytoservicechepropercyandtomalntainhercurrentpropertyandfloodinsurancepolicies. The Grant Deed for the property which includesallagreenentsisaEtachedhereto. CoNCURRENCE: The Park and Recreatlon Conmission discussed rhlsproposedgiftandwereofEheconsensusthacthernagnlcud,e of the gifc anbthepotenEialforparkandrecreaEionuseofthepropertyfaroutweighedthecostsofrepairandnaintenance. The comnission-r"ctrr-ended acefptance. ALTERNATIVES: 1. Accept grant of property located at 464 and 466 Dana StreetfronMissMaryGallBlackandagreetonaintainpropertyandser'icesasindicatedinGrantDeed, Thls alternative nould add propercy ro thecityParkSystemandrequlreappropriationoffundsforFiscalyearlggg-E9toacconplishtheuaintenanceofthegardensandstructures. MEETI}.IG DATE: Glft of Hlsrorlcal properry g6a-468 Dana street) ro cityfronl{lss itary Gall Black SUBJECT Adopt Resolutlon Acceprrng GIft of property andApproprraceNecessaryFundstoAcconDllshMilntenancenesponsiblLttlesIndlc,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 4d4AriDqeeuaNnSrRbEt, 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-JPage511 of 717 Resoluclon No (f988 Serles) page 2 3, The Clry Clerk,s Offlce shallfuco: 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-gPage513 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 1-3'4Page514 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-7Page515 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 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 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 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 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 the 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 in 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 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 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 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. 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 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. 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.”