HomeMy WebLinkAboutItem 6d. 2025 Annual Monitoring for the San Luis Ranch DA, Mitigation Measures and Project Conditions Item 6d
Department: Community Development
Cost Center: 4003
For Agenda of: 5/6/2025
Placement: Consent
Estimated Time: N/A
FROM: Timmi Tway, Community Development Director
Prepared By: Callie Taylor, Senior Planner
SUBJECT: 2025 ANNUAL MONITORING FOR THE SAN LUIS RANCH
DEVELOPMENT AGREEMENT, MITIGATION MEASURES, AND
PROJECT CONDITIONS
RECOMMENDATION
Receive and file the 2025 annual monitoring report for the San Luis Ranch Development
Agreement, mitigation measures, and required project conditions.
REPORT-IN-BRIEF
On July 18, 2017, the City Council approved the San Luis Ranch (SLR) project, including
the San Luis Ranch Specific Plan and Vesting Tentative Tract Map (VTTM) 3096, which
covers the entire plan area. On July 17, 2018, the Mitigation Monitoring and Reporting
Program (MMRP) was amended to address changes to the phasing of certain
transportation improvements. A Development Agreement (DA) between the City and MI
San Luis Ranch, LLC, was approved by the City C ouncil August 21, 2018. On April 16,
2019, the City Council adopted a Mello-Roos Community Facilities District (CFD),
pursuant to the DA (Ordinance No. 1661).
Both the DA and MMRP require annual monitoring and reporting of activities per Articles
10 and 11 of the DA. This report addresses activities that have taken place during 2024
through the end of March 2025, and whether those activities are in substantial compliance
with the DA, applicable project conditions, and Final Environmental Impact Report (FEIR)
mitigation measures. Generally speaking, the bulk of public improvements were
completed prior to 2024, both onsite and offsite, which prior to their installation were
reviewed and approved by the City’s Public Works, Engineering, and/or Utilities
departments as appropriate. Some follow-ups on these items were completed in 2024,
including construction of the fourth leg of the Dalidio/Froom Ranch Way roundabout to
provide access to the Madonna Shopping Center and the SLR Lot 9 Neighborhood
Commercial parcel.
Substantial housing development has occurred in San Luis Ranch. In all, 577 units were
approved by the Planning Commission through th e development review process prior to
2022, and construction of all 577 units is nearing completion as of March 2025. In 2024,
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construction of the 296 multi-family condominium units was completed. To date, 279 of
the approved 281 single family units are complete and occupied. As of the date of this
report, there are two (2) remaining single family units that are wrapping up construction
on Heirloom Place and are expected to be occupied very soon. Construction on the 64
to 77 affordable housing units currently required on the Lot 7 mixed use site has not yet
begun.
In 2024, construction of the commercial and agricultural portions of the project made
significant progress as well. The 200-room dual brand hotel (Marriott SpringHill Suites
and Residence Inn) received temporary occupancy in March 2025, with only minor
construction items left to be completed. The Agricultural Heritage Center, now known as
SLO Ranch Farms and Marketplace, has completed construction on four (4) of the five
(5) buildings onsite, and several businesses are open and operating. A blueberry farmer
has begun to farm the agricultural site.
As outlined in the report below, the project is in compliance with most applicable
provisions of the DA, as well as most relevant FEIR mitigation measures and project
conditions. Outstanding items that require further action include:
1.) Construction of 64 to 77 affordable housing units on the Lot 7 mixed use site
(64-77 is number of units required by current project; does not reflect future
amendment to Lot 7);
2.) Street tree planting along main roadways surrounding the SLR project site,
including Froom Ranch Way, Dalidio Drive, and Madonna Road as required by
Condition #55, and agricultural buffering trees as required by MM AG -3; and
3.) Verification of mitigation tree planting and remediation of riparian and wetland
habitats per the Habitat Mitigation and Monitoring Plan (HMMP) and BIO
mitigation measures, as well as ongoing annual monitoring.
City staff will continue to work with the Developer to ensure compliance of these items as
the project continues to build out the remaining vacant parcels, including the Lot 7 and
Lot 9 Neighborhood Commercial zoned parcels. Due to the ongoing nature of the project,
certain aspects are subject to continued monitoring. Non-compliance or lack of action
toward compliance may result in actions being taken by the City to encourage compliance
of these required conditions and mitigation measures.
POLICY CONTEXT
The approved San Luis Ranch project was found to be consistent with the General Plan
at the time of its approval. This report focuses on determining whether the multi -phase
project is in compliance with key provisions related to its approval, notably a Development
Agreement, required mitigation measures, and project conditions of approval.
Compliance with these provisions is discussed in the body of this report.
Both the DA and MMRP require annual monitoring and reporting of activities per Articles
10 and 11 of the DA in order to determine whether the project is in compliance with all
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relevant aspects of the DA itself, as well as the Final Environmental Impact Report (FEIR)
mitigation measures. The DA includes a variety of provisions related to the timing of
development, construction of public infrastructure, payment of fees, and in certain
instances reimbursement beyond the project’s fair share for public improvements that
have citywide benefits. This annual report is prepared for compliance with those
monitoring and reporting requirements.
A Community Facilities District (CFD) for San Luis Ranch has been established to provide
funding for infrastructure. The CFD annual tax report is typically prepared at the end of
each fiscal year to coincide with the Citywide annual budget and is therefore not included
in this report. The CFD annual tax report was last completed and presented to Council on
August 20, 2024.
DISCUSSION
The San Luis Ranch project site is located at 1035 Madonna Road, between Madonna
Road, Dalidio Drive, and Highway 101. The San Luis Ranch project site is shown on
Figure 1.
Figure 1. San Luis Ranch Project Area Map
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Background
The following discusses what aspects of the project were in progress or completed in
2024 through end of March 2025, and thus the focus of this report. It also provides
additional context, with a brief encapsulation of the activities that occurred before 202 4,
and highlights activities that are anticipated in 2025 and beyond.
Project Activities Prior to 2024
The following project-related activities occurred prior to 2024:
A. Specific Plan, VTTM 3096, and Final EIR Approval. The San Luis Ranch Specific
Plan (SLRSP) was adopted by the City Council on July 18, 2017. VTTM 3096,
which covers the entire Specific Plan area, was adopted at the same time as the
SLRSP. A Final Environmental Impact Report (“FEIR”) was prepared analyzing
the environmental effects of the propose d development, and the City Council
certified the FEIR for the project, including adopting CEQA findings and a
Statement of Overriding Considerations and a Mitigation Monitoring and Reporting
Plan.
B. Specific Plan Amendment and Final Supplemental EIR. On July 17, 2018, the City
Council approved a Specific Plan Amendment for the project and adopted a
resolution certifying Final Supplemental Environmental Impact Report (“FSEIR”)
for the revised project, which was prepared analyzing the environmental effects of
a revised development project with modified phasing, and the City Council adopted
CEQA Findings and a Statement of Overriding Considerations and an updated
Mitigation Monitoring and Reporting Plan.
C. Development Agreement Approval. The Development Agreement for the San Luis
Ranch project was introduced on July 17, 2018, adopted by the City Council on
August 21, 2018, and recorded on September 18, 2018. The DA has not been
formally amended since its adoption. However, pursuant to Section 9.03 and 9.04
of the DA, three (3) operating memoranda and three (3) Administrative
Amendments were executed by the City Manager and Community Development
Director prior to 2024 that clarified certain aspects of implementing the project.
These documents are provided as Attachments E, F, G, H, I, and J to this report.
Consistent with Articles 10 and 11 of the DA, a report documenting compliance
with the DA must occur on an annual basis.
D. CFD Formation. Pursuant to Section 5.02 of the Development Agreement, a
Mello-Roos Community Facilities District (CFD) was established and approved by
the City Council in February 2019 and formally adopted on April 16, 2019
(Ordinance No. 1661). The CFD also requires an annual report, but this is typically
prepared at the end of each fiscal year to coincide with the Citywide budget and is
therefore not included in this report.
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E. NG-10 (Single Family Residential). The Specific Plan includes up to 198 traditional
single family 40-foot wide, 3,200 square foot lots. Grading was completed for this
21.5-acre portion of the SLRSP in 2021. By March 2024 at the last annual report,
the Developer had completed construction of 123 NG-10 single family residential
units, including the model homes, and the remaining 75 units were either under
construction or had not yet started construction.
F. NG-23 (Medium Density Residential). The Specific Plan includes up to 83 single
family 30-foot wide, 2,400 to 3,000 square foot lots in the Medium Density
Residential zone. Grading was completed for this 7.3-acre portion of the SLRSP
site in 2021. As of the last year’s annual report in March 2024, all 83 of the NG -
23 medium density residential units were completed and occupied. This p ortion of
the Specific Plan has been fully built out and completed.
G. NG-30 (Multi-Family Residential). The City Council approved Vesting Tentative
Tract Map (VTTM) 3150 (which covers this portion of the SLRSP) on April 7, 2020.
The Final Map was approved on October 6, 2020. VTTM 3150 is 10.6-acre portion
of previously approved VTTM 3096, which further subdivided the multi-family
development for 296 condominium lots to be constructed as a variety of unit types
with townhomes, stacked flats, and efficiency units. Housing development on this
site began in 2022. As of March 2024, at the time of last year’s annual report, 202
NG-30 residential units had been constructed.
H. NC (Hotel Project). The Planning Commission approved a Development Plan for
a 200-room dual brand hotel on a 3.41-acre site within the NC zone, July 22, 2020.
A building permit for the 4-story structure was issued in December 2022, and
construction began on the 200-room hotel project in 2023 with an expected 2-year
construction schedule.
I. NC (Commercial Mixed Use Project). Lot 7 under the originally approved VTTM
3096 and Specific Plan was approved for 150,000 square feet of commercial
development intended to serve neighborhood residents as well as visitors on the
11.44-acre Neighborhood Commercial zoned site. On November 17, 2020, the City
Council approved a Specific Plan Amendment and VTTM 3142, which would
accommodate 114,300 SF of commercial and 64-77 affordable housing units on
11 lots within the subdivision. No development has occurred on that site and the
Final Map and site improvement permits have not been submitted. On December
10, 2024, the City Council initiated General Plan and Specific Plan amendments
to facilitate additional residential development on the vacant Lot 7 site. The
Developer proposed amendments to allow an additional 276 market rate rental
apartments and up to 15,000 square feet of Neighborhood Commercial uses in -
lieu of the previously approved commercial development. Additional affordable
units would be required on Lot 7 if an amendment is approved to increase the
number of market rate units. Please refer to the discussion of the affordable
housing requirements of the Development Agreement under the Project
Compliance section of this report below for further discussion.
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J. Ag Heritage Center. The Planning Commission approved the design for the
Agricultural Heritage and Learning Center portion of the project on October 27,
2021. The 53-acre AG-zoned portion of the Specific Plan includes 31,236 square
feet of commercial buildings, including retail, restaurant, a market, agricultural
processing uses, and an agricultural heritage and learning center. Building permits
for the five (5) shell buildings were issued in September 2022 and the shell
buildings were mostly completed in 2023. Tenant improvement permits were
approved for several restaurant, brewery, retail, market, agricultural processing
uses, and a preschool/learning center in 2023 and 2024. Restoration of the historic
structures was in process in 2023 and 2024, with designs consistent with the
Cultural Resources report. The center has been named “SLO Ranch Farms and
Marketplace.” An Agricultural Conservation Easement has been recorded for
approximately 42 acres of prime farmland.
K. Public Improvements. Public Improvement Plans (PIPs) were approved for onsite
improvements associated with VTTM 3096, and these were underway prior to
2022, including the extension of backbone roadways and utilities through the site.
This included the extension of Dalidio Drive and Froom Ranch Way. PIPs were
also approved for offsite improvements associated with Froom Ranch Way west
of the site to its intersection with Los Osos Valley Road, and this roadway was
completed. Nearly all major onsite and offsite public improvements, including
backbone roadways and utilities were completed in 2022. This also includes the
central park within the single family portion of the Specific Plan area.
L. Prado Road Interchange. SLR project mitigation measures required the Developer
to make a fair share contribution to the cost of construction of the future Prado
Road and Highway 101 Interchange. Section 5.04.6 and the Financing Plan in the
SLR DA identified SLR’s Prado Road Interchange Mitigation Fee as 28% of the
total cost of the interchange, and required the payment to be made when the
cumulative occupancy of the project area reached 233 PM peak hour trips. In 2023,
San Luis Ranch fulfilled its required 28% contribution towards the Prado Road
Interchange per requirements of the DA, with a contribution of $28,415,268 (28%
of the $101,483,100 Prado Interchange 2023 cost estimate), as memorialized in
DA Operating Memorandum #3, signed on November 15, 2023 (Attachment G).
Reimbursements were credited for oversizing of some infrastructure built by San
Luis Ranch, reducing the Developer’s net financial obligation to $24,018,752. The
Developer made a cash payment of $14,121,072 on November 17, 2023. CFD
funds of $9,897,680, held from the Developer’s original bond sale in 2020 for
project infrastructure, have been reserved for the City to use towards the Prado
interchange. Collectively, San Luis Ranch’s cash payment and the CFD reserve
described above satisfy the Developer’s full financial obligation toward the Prado
Road Interchange.
The City has continued the design development process for the Prado Road
Interchange in coordination with Caltrans. On February 18, 2025, City staff
presented a project update to the City Council. The interchange has reached the
end of the Project Approval and Environmental Docum ent phase, and the City
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selected a design consultant for final design phase. Design elements will be
brought back to City Council for review throughout this next phase, while staff
seeks additional funding for the project.
Development and Related Activities in 2024 through March 2025
The following development-related activities related to the DA, MMRP, and Project
Conditions took place since the time of the City’s previous annual report, between March
2024 through March 2025:
A. NG-10 (Single Family Residential). As of March 2024, at the time of the last annual
report, the Developer had completed construction of 123 NG -10 single family
residential units. The remaining building permits were issued in 2024, and
construction of the remaining 75 units progressed quickly in 2024. As of March
2025, at the time of this annual report, 196 of the 198 NG -10 single family units
were complete and occupied. There are currently two (2) remaining homes under
construction with only minor items left to be completed. T hese units are expected
to be completed very soon, which will complete the remainder of the market rate
residential units entitled with the original SLR Specific Plan approval.
B. NG-23 (Medium Density Residential). This portion of the Specific Plan was fu lly
built out prior to 2024, with a total of 83 NG-23 units constructed and occupied.
C. NG-30 (Multi-Family Residential). In 2024, the Developer completed construction
of the remaining 94 multi-family residential units, for a total of 296 condominium
units completed on this site. Site improvements were completed in September
2024, including the onsite clubhouse, bike barns, landscape, site improvements,
and informational signage and pathways related to the adjacent open space
parcel. In fall of 2024, the 120-unit Harvest Lofts site was purchased by Cal Poly
University, and the units are intended to be used for staff and faculty housing.
D. NC (Hotel Project). Construction of the 200-room hotel project began in 2023, with
a 2-year construction schedule. In March of 2025, the hotel was substantially
complete, and the City issued a temporary occupancy certificate. Remaining
construction items do not include any health or life safety compliance items; only
minor Planning and Building department corrections items remain to be completed
in order to close out the building permit. Furniture is being moved in, staff training
is taking place, and rental of hotel rooms is expected to begin soon. Completion of
the hotel is a major milestone for the City and the Developer as it fulfills General
Plan goals and improves the fiscal impact of the San Luis Ranch Specific Plan
area for the City.
E. Ag Heritage Center. In 2024, construction of tenant improvements were underway
in the five (5) onsite buildings for several restaurant, brewery, retail, market,
agricultural processing uses, and a preschool. Restoration of the historic structures
was completed, included interpretive signage of the historic buildings . A letter
documenting compliance with Cultural Resources mitigation measures was
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provided by the project Historic Resources consultant in May 2024, allowing the
release of associated bonds. A preschool is open and operating in the historic
Wood Residence onsite. A certificate of occupancy was issued on July 24, 2024
for the first commercial building in the development. As of March 2025,
construction of four (4) of the five (5) buildings onsite was complete, and several
businesses are open and operating. Several additional business tenant
improvements are still being completed. The one (1) remaining building still under
construction is the brewery and restaurant building, which is expected to be
completed soon.
F. Agricultural Farming Site. Tract 3096 is meeting the City’s agricultural land
preservation requirements through a combination of onsite preservation and offsite
easements. An Agricultural Conservation Easement was dedicated on January
30, 2019 to preserve 42.56 acres of prime farmland for onsite farming within the
San Luis Ranch. Efforts related to this issue are in compliance with DA
requirements. In 2024, the site was leased to an organic blueberry farmer and site
improvements were installed to facilitate farming. The City has been working with
the property owner to permit work that was done on the farm site without permits
in 2024, including installation of a water tank and basin, in order to bring the site
into compliance with building, stormwater, and zoning regulations. In November
2024, a building permit was submitted for agricultural accessory structure s near
the Highway 101 frontage. The permit review is still in process, pending
compliance with the Planning Commission’s October 27, 2021 development plan
approval for the agricultural accessory structures.
G. Public Improvements. Nearly all major onsite and offsite public improvements,
including backbone roadways and utilities, were completed prior to 2023. The
fourth leg of the roundabout at Dalidio Drive and Froom Ranch Way required
continued negotiations with the property owner to the east for the necessary right-
of-way in order to obtain an easement for the driveway installation and access. In
March 2024, the easement was obtained by the SLR Developer, and construction
of the fourth leg of the roundabout was completed in fall of 2024. The driveway
access to the Madonna shopping center is now open for public use. The recently
completed driveway also provides access to the vacant 4.2-acre Lot 9
Neighborhood Commercial parcel, which is included in the SLR Specific Plan area
and is identified for future construction of up to 100,000 square feet of office uses.
H. Reimbursement Agreements. As described in the DA and the conditions of
approval, some of the improvements constructed by the Developer with Tract 3096
are eligible for reimbursement, including qualifying oversized wastewater and
transportation infrastructure. In March 2025, the SLR Developer (MI San Luis
Ranch, LLC) submitted an application and cost documentation to the City to initiate
reimbursement agreements for public infrastructure. City staff is currently
reviewing cost documentation and will prepare reimbursement agreements for
Council consideration.
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I. Hazardous Tree Removals. The San Luis Ranch project site includes protected
habitat regulated by jurisdictional agencies and the project EIR, including San Luis
Channel and Prefumo Creek. In 2018, 564 trees were removed as part of the
original approved site preparation for the San Luis Ranch development.
Despite being non-native to California, eucalyptus trees have been monitored in
accordance with the project’s Habitat Mitigation and Monitoring Plan (HMMP) as
existing habitat for sensitive native wildlife , including federal listing candidate
monarch butterfly, nesting birds, and a great blue heron nesting area. In February
2024 and August 2024, the City approved approximately 53 additional eucalyptus
tree removals. The trees were evaluated by the project biologist, project arborist,
City Arborist, and City Natural Resources Official, who determined the trees posed
a hazardous condition due to health decline. All tree removals are subject to
replanting consistent with Mitigation Measures BIO -2(a), BIO-2(b), and the City’s
Tree Removal Ordinance. A comprehensive Tree Replanting Plan was submitted
by the project biologist in September 2024 in conjunction with the recent hazardous
tree removals. The annual monitoring report was submitted by the project biologist
in September 2024 (as required by the HMMP and mitigation measures), which
noted tree replanting was in progress and additional work was required for
compliance. City staff recently observed significant tree plantings and restoration
work being completed on site in March 2025. A compliance report from the project
biologist is expected in spring 2025 to confirm the mitigation and compensatory
tree plantings have been completed.
Remaining Project Components for Which Activities Have Not Yet Begun
A. Lot 7 Residential Development Application. On December 10, 2024, the City
Council reviewed a request from the San Luis Ranch Developer to initiate General
Plan and Specific Plan amendments to facilitate residential development on the
vacant 11.44-acre Lot 7 site. The site is zoned Neighborhood Commercial and is
currently identified in the Specific Plan for 114,300 square feet of commercial
development and between 64-77 affordable units to fulfill the project’s inclusionary
housing obligations. The Developer proposed amendments to allow an additional
276 market rate rental apartments and up to 15,000 square feet of Neighborhood
Commercial uses in-lieu of the previously approved commercial development.
Additional affordable units would be required on Lot 7 if an amendment is approved
to increase the number of market rate units within the project. Current estimates
identify 73-86 affordable units would be required on Lot 7 with the proposed
Specific Plan amendment.
At the initiation meeting, Council provided direction regarding the site design, mix
of land uses, fiscal impacts, and deed-restricted affordable housing units, and
directed City staff to process applications for the proposed amendments. The
Developer has been working on project designs and has not yet submitted
applications or plans to the City to begin processing the proposed amendments.
Applications are expected later this year.
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B. Office Lot 9. A 4.2-acre parcel is located on the southeast side of Froom Ranch
Way and Dalidio Drive near the future Dalidio Highway 101 interchange. The
parcel is zoned Neighborhood Commercial and is identified for approximately
100,000 square feet of office buildings. Access to this parcel is now provided on
site with the completion of construction of the fourth leg of the Dalidio Drive and
Froom Ranch Way roundabout. No permits have been issued for construction on
the office lot to date.
PROJECT COMPLIANCE
Development Agreement
Implementation of the San Luis Ranch project required substantial new infrastructure to
support new development, most of which was the responsibility of the Developer. The
approved Development Agreement (DA) for the project describes the Developer's
responsibilities in that regard.
The DA is a contract authorized by California Planning and Zoning Law and the City’s
Municipal Code that provides certain benefits to the developer, typically in the way of
certainty and assurances to the Developer regarding what rules and fees will be applied
for the project, in exchange for extraordinary public benefits. For example, the Specific
Plan was to provide more affordable housing units than required by the City’s standard
inclusionary housing requirements. The construction of affordable housing units required
by the DA has not been completed and is currently the primary item of DA non -compliance
described in the non-compliance section below.
Tract 3096 constructed offsite improvements to mitigate for the increase in traffic
generated by the development. The Developer is also paying fair share fees for projects
that are not triggered solely by this development but will ultimately be needed upon build -
out of the City. As described in the DA and the conditions of approval, some of the
improvements being constructed with Tract 3096 are eligible for reimbursement , including
wastewater and transportation infrastructure. A reimbursement agreement application
was submitted in March 2025 and is being processed for City Council consideration.
Tract 3096 is meeting the City’s agricultural land preservation requirements through a
combination of onsite preservation and offsite easements. An Agricultural Conservation
Easement was dedicated on January 30, 2019, to preserve 42.56 acres of prime farmland
for onsite farming within the San Luis Ranch. Efforts related to this issue are in compliance
with DA requirements.
Although the DA also addresses financing issues in detail, compliance with these
provisions will be addressed at the end of Fiscal Year 2024-25 in a separate agenda item
related to activities under the Community Facilities District (CFD) that was created
pursuant to the DA.
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Section 7.06.a. of the DA requires that the project “provide for accelerated compliance
with the City’s Energy Conservation Goals and its Climate Action Plan by implementing
energy conservation measures significantly above City standards and norms by providing
for solar PV energy generation for 100 percent of onsite electrical demand at build-out.”
Solar is provided with all of the single and multi-family housing constructed on site. Solar
has also been installed on commercial buildings within the Agricultural Heritage Center
and on the hotel.
Section 5.04.4. of the DA describes an “Early Residential Development Fee” which
requires the applicant to pay a fee to offset impacts to the City’s General Fund for the
cost of services associated with residential development in the event units are
constructed prior to the commercial component of San Luis Ranch. The DA requires an
annual Early Residential Development Fee of $262.00 per completed residential unit to
be paid by the Developer until the first certificate of occupancy is issued for any
commercial use within the project. To satisfy this requirement, MI San Luis Ranch paid
$104,800 in 2024, $56,592 in 2023, and $9,432 in 2022, based on completed residential
units as of February each year. Upon the issuance of the first certificate of occupancy for
any commercial use in the project, the obligation to pay the Early Residential
Development Fee shall terminate and shall thereafter no longer be collected by or paid to
the City. A certificate of occupancy was issued on July 24, 2024 for the first commercial
building in the development; therefore, this fee was not collected in 2025.
Attachment A summarizes the project’s current compliance status with respect to relevant
provisions of the DA. Except as noted below in the “Items of Non-Compliance” section
describing affordable housing construction, the Developer is in compliance with all
applicable requirements of the DA with respect to project milestones as of March 2025.
Mitigation Monitoring and Reporting Program
As part of the environmental review of a development project, the California
Environmental Quality Act (CEQA) requires public lead agencies to impose feasible
mitigation measures in order to substantially lessen or avoid the significant adverse
effects of the project on the physical environment. All mitigation must be f easible and
fully enforceable. Mitigation measures were included in the Final Environmental Impact
Report (FEIR) for San Luis Ranch, certified by the City Council on July 18, 2017. On
July 17, 2018, the City Council certified a Final Supplemental EIR and a dopted a
Statement of Overriding Considerations to revise mitigation measures related to the
Prado Road overpass. Some of the traffic mitigation measures were updated in a
subsequent City Council action taken on August 18, 2020. The Mitigation Monitoring and
Reporting Program (MMRP) describes the procedures for the implementation of the
mitigation measures identified in the FEIR. The MMRP specifies the entity responsible
for monitoring the program and when in the process it should be accomplished.
Attachment D is the updated MMRP, showing the current status of compliance with all
mitigation measures. In summary, the project is in compliance with all applicable
mitigation measures required to date, except as noted in the “Items of Non-Compliance”
section below related to agricultural buffer landscape installation and the Habitat
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Mitigation and Monitoring Plan (HMMP). In some instances, compliance is ongoing (e.g.,
with respect to biological resource issues) or currently in process of being completed . In
some cases, compliance cannot yet be determined because the project has not
progressed sufficiently to trigger the required mitigation (e.g., items that relate to the
design of commercial buildings on Lot 7 and Lot 9). All applicable traffic mitigation has
been completed as required to date. All mitigation measures related to rehabilitation of
historical structures have also been completed. The only remaining fair share traffic
mitigation fees are ongoing payment of Transportation Impact Fees (“TIF”) with each
building permit. Attachment B is a summarized version of the MMRP for easy reference,
with all mitigation measures put in sequential order of when compliance is required.
Project Conditions
Conditions of approval are imposed by the municipality as part of a land development
application to be adhered to and exercised as part of a right granted to the property.
Conditions of approval were adopted as part of the San Luis Ranch subdivision map
(vesting tentative map for Tract 3096) approved by the City Council on July 18, 2017.
Attachment C shows the current status of compliance with all relevant project conditions.
In summary, the project is in compliance or working towards compliance with all
applicable project conditions required to date, with exception of the items noted in the
“Items of Non-Compliance” section below related to street tree planting. Some conditions
of approval have been fulfilled, while some are ongoing, and others will be addressed in
later phases of development.
Notably, the following Transportation conditions of approval were recently completed in
2024. The Developer fulfilled Condition 18, which required monitoring of Highway 101
level of service between Marsh & LOVR, to be funded by the Developer. The Developer
worked with City Transportation staff and Caltrans to complete the required monitoring
last year. Conditions 21 and 38 were completed with the construction of the fourth leg of
the roundabout at Dalidio Drive and Froom Ranch Way, where access to the Madonna
shopping center is now provided.
Items of Non-Compliance
The Developer made progress over the past year on the majority of the remaining project
requirements associated with the parcels that have been developed , including several
compliance items that were identified in last year’s annual report . However, there are
three (3) key items associated with the DA, MMRP, and conditions of approval that are
still outstanding and have been identified as items of non -compliance.
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1. Affordable Housing. Development Agreement Section 7.05 addresses affordable
housing provisions. The DA requires four (4) low-income units and (4) moderate
income units to be constructed within the single family portions of the development.
These eight (8) units were completed in conjunction with the surrounding single
family development and dispersed throughout the site. The DA also required 14
workforce housing units to be provided. Workforce housing units were constructed
in the stacked flats and studio units and are available to eligible households
earning 121-160% of the area median income. The workforce housing units are a
requirement of the DA, but do not count as affordable housing towards the City’s
Regional Housing Needs Allocation (RHNA).
The DA originally required 26 very-low-income units to be constructed within the
multi-family NG-30 site. Units were required to be dispersed throughout the
development and would be constructed at the same time as the market rate multi-
family units. On November 17, 2020, a Specific Plan amendment was approved
by the City Council to move the 26 very-low income units from the multi-family
residential site to the Neighborhood Commercial Lot 7. In exchange for relocation
of the required units, the Developer offered an additional four (4) to 17 very -low
income units, which are to be constructed in addition to the original affordable
housing requirements.
The project also requires commercial inclusionary housing to be fulfilled based on
the City’s 2017 Inclusionary Housing Ordinance, which requires two (2) affordable
units for each acre of commercial development, with an estimated 34 required units
in SLR, to be based on the amount of commercial ultimately developed within the
Specific Plan area. The DA offers an option for the Developer to pay inclusionary
housing in-lieu fees, however, in-lieu fees have not been paid as the Developer
has intended to provide affordable housing on the Lot 7 site to fulfill inclusionary
requirements. With the 2020 Specific Plan amendment, all of the remaining
affordable housing (64-77 units) was moved to a 1.85-acre area of Lot 7, which
has been identified for dedication to People’s Self Help Housing for construction
of the required units.
The following table is a summary of the affordable housing currently required to be
constructed within the Specific Plan area (Does not reflect future potential Lot 7
amendments, which would increase the number of required affordable housing
units if additional market rate units are approved for construction on Lot 7):
Page 47 of 625
Item 6d
Number of Affordable Units Location & Requirement Status
4 low-income units
Required in single family
Zoning NG-23
Completed
4 moderate income units Required in single family
Zoning NG-10
Completed
26 very-low-income units Previously required within multi-family
development - Transferred in 2020 from
multi-family to Lot 7
Not constructed
* Planned to be
developed by
PSHH
Between 4 to 17 additional
very-low-income units
Project benefit proposed in exchange
for transfer of 26 very-low-income units
from multi-family site to Lot 7 in 2020
Not constructed
* Planned to be
developed by
PSHH
Estimated 34 inclusionary
housing units
(income level not yet defined)
or payment of in-lieu fees
Required for commercial inclusionary,
based on 2017 Inclusionary Ordinance
Based on amount of commercial
acreage ultimately constructed
Not constructed
* Planned to be
developed by
PSHH
72-85 affordable units required
** Based on currently approved Specific Plan
Does not include changes to Lot 7 which are expected in the future
8 constructed
64-77 units
unfulfilled
To date, the Developer has constructed only eight (8) of the required 72 to 85 deed
restricted affordable housing units within the Specific Plan area. It is expected that
the affordable housing requirements identified in the table above will increase if a
Specific Plan amendment for additional market rate units on Lot 7 is approved in
the future.
The majority of the projects’ affordable housing is identified for construction on Lot
7 by People’s Self Help Housing (PSHH). A Final Map has not been subm itted or
recorded by the Developer to establish a parcel that can be dedicated to PSHH.
Improvement plans have not been developed . Site access and utilities are not
installed. PSHH has not been able to apply for grant funding as they do not have
site control or ownership, and therefore it is currently not determined how PSHH
will fund construction of the required affordable housing development.
It is important to note that construction of the affordable housing remains as a DA
requirement to be fulfilled by Developer. While build out of the originally approved
577 units within the SLR Specific Plan area are nearly complete, including all
previously approved market rate residential units, the affordable housing
obligations have not been fulfilled.
Page 48 of 625
Item 6d
2. Street Tree Planting and Agricultural Buffer Landscaping. Condition of approval
#55 requires street trees as a condition of development, to be planted as shown
on the conceptual landscape plan approved with Vesting Tentative Tract Map
3096. Street trees shall generally be planted at the rate of one 15-gallon street tree
for each 35 lineal feet of property frontage.
In addition, mitigation measure AG-3(c) requires the installation of agricultural
buffers, including landscaping, to reduce the potential for noise, dust, and pesticide
drift. The mitigation requires the project applicant to plant a “window of trees and
shrubs within the agricultural buffer along Froom Ranch Way at a sufficient density
to buffer the site from surrounding agricultural operations to pro vide a buffer
between the agricultural site and the residential units.” The following exhibit was
required to be incorporated into the Specific Plan to identify how the mitigation
measure will be fulfilled.
Figure 2. From San Luis Ranch Specific Plan
As reported in last year’s annual compliance evaluation, City staff notified the
Developer of the requirements for street trees and agricultural buffering; however,
the Developer has not completed installation of the required trees. The issued
public improvement plans for Tract 3096 did not identify street trees, and therefore
the street trees were not planted on Froom Ranch Way, Dalidio Drive, or Madonna
Road in conjunction with the street improvements. Condition of Approval #55 has
not been fulfilled as the street trees have not been planted along the Froom Ranch
Way, Dalidio Drive, or Madonna Road street frontages. The owner of the
agricultural site recently installed some trees and shrubs along the agricultural site
boundary; however, full compliance with Specific Plan Figure 4.2 above and MM
AG-3c has not been achieved. The City is continuing to look at options to seek
resolution to bring the project frontages into compliance with conditions of approval
and mitigation measures related to street trees and agricultural buffering.
Page 49 of 625
Item 6d
3. Tree Planting and Biological Habitat Mitigation and Monitoring: Mitigation
Measures BIO-2(a) and BIO-2(b) require habitat restoration to be completed and
monitoring for several years to ensure maintenance and survival of biological
mitigation. The majority of the required habitat restoration was completed prior to
2021, with monthly monitoring reports submitted during grading construction in
2019. In July 2021, the Developer submitted the required monitoring report for
nesting birds and monarch butterflies. However, ongoing monitoring reports for the
biological restoration areas were not submitted by the Developer for several years
between 2020 to 2023. In September 2024, the City received the first Annual
Report (identified as Year 1) for the Habitat Mitigation and Monitoring Plan
(HMMP). The report includes detailed evaluation and status of 15 different habitat
and biological actions, most of which have performed very well. Monarch butterflies
continue to roost in the central grove during wintering season, and counts showed
a 200% increase in monarchs compared to the previous two seasons. The 2018
relocation of the great blue herons was not successful; however, the herons
continue to nest successfully in the northern section of the conservation easement
with no visible disturbance.
The September 2024 HMMP Annual Report identified two (2) performance criteria
as not being on track in accordance with the HMMP. The condition of the riparian
and wetland habitat requires significant remediation for compliance with the
performance criteria. In addition, invasive weeds remain pervasive onsite and
significant effort by the Developer is needed to quell the continued spread of
pervasive weeds. These items were flagged by the project biologist in September
2024.
As described earlier in this report, there were approximately 53 large hazardous
eucalyptus trees removed in 2024. The removal of these large trees caused
damage to previous mitigation plantings and triggered a requirement for additional
compensatory tree plantings. As identified in the biologist’s September 2024
HMMP Annual Report, 125 trees were planted in 2023, with 114 alive after year 1.
Approximately additional 85 trees are required to be planted to mitigate the 2024
removals. A City staff site visit in March 2025 confirmed that many recent plantings
have been done onsite. The project biologist is expected to assess the site in
spring 2025 to determine if the additional plantings were completed and are
surviving.
The biological monitoring, habitat restoration, and tree replanting will continue to
be monitored for several years to ensure ongoing compliance. Ownership of the
open space property was transferred from the Developer to the SLR Homeowners
Association (HOA) in 2024. Bonds from the original Developer are still held by the
City to ensure compliance as the EIR mitigation requirements remain as the
responsibility of the Developer to ensure completion as required.
Page 50 of 625
Item 6d
Community Facilities District (CFD)
A Mello-Roos Community Facilities District (CFD) was established and approved by the
City Council in February 2019 and formally adopted on April 16, 2019 (Ordinance No.
1661). The CFD for San Luis Ranch is a special tax assessment in the district which was
established to fund infrastructure.
The City is authorized to levy the tax through the annual property tax roll. In addition,
the City is responsible for the calculation and reporting of the annual special tax in
accordance with the Rate and Method of Apportionment. The City prepares the Annual
Tax Report for the CFD which reports on the status of the CFD, the costs of CFD, and
the amount of special taxes calculated and collected. The City's Finance Department is
responsible for preparing an annual report on the CFD at the end of each fiscal year to
coincide with the Citywide annual budget and is therefore not included in this report. The
CFD annual report was last completed and presented to Council on August 20, 2024.
Previous Council or Advisory Body Action
The following City Council or Advisory Body actions have occurred relevant to the project:
Specific Plan, VTTM 3096, and FEIR Approval. The SLRSP was adopted by the
City Council in July 2017. VTTM 3096, which covers the entire Specific Plan area,
was adopted at the same time as the SLRSP. The City Council certified the Final
Environmental Impact Report for the project, including adopting CEQA findings
and a Statement of Overriding Considerations and a Mitigation Monitoring and
Reporting Plan.
Specific Plan Amendment and Final Supplemental EIR (FSEIR). On July 17, 2018,
the City Council approved a Specific Plan Amendment for the project and adopted
a resolution certifying Final Supplemental Environmental Impact Report (“FSEIR”)
for the revised project, which was prepared analyzing the environmental effects of
a revised development project with modified phasing.
Development Agreement Approval. The Development Agreement (“DA”) for the
San Luis Ranch project was adopted by the City Council on August 21, 2018, and
recorded on September 18, 2018.
Park Design Approval. The Parks and Recreation Commission (PRC) approved
the design of the 2.8-acre central park on November 7, 2018.
Final Map Approval. The Final Map for VTTM 3096 was approved by the City
Council on November 27, 2018.
CFD Formation. Pursuant to Section 5.02 of the Development Agreement, a Mello-
Roos Community Facilities District (CFD) was established and approved by the
City Council in February 2019 and formally adopted on April 16, 2019 (Ordinance
No. 1661).
Page 51 of 625
Item 6d
Updated Mitigation Measures and FEIR Addendum. The City Council approved
updated traffic mitigation measures and adopted a related FEIR Addendum on
August 18, 2020.
Final Map Recordation. The Final Map for VTTM 3096 was accepted by the City
Council and recorded on September 14, 2020.
VTTM 3150 Approval (NG-30 - Multi-Family Residential). The City Council
approved VTTM 3150 on April 7, 2020. The Final Map was approved on October
6, 2020.
NC (Hotel Project). The Planning Commission approved a 200-room dual brand
hotel on a 3.41-acre site within the NC zone on July 22, 2020. The project was
referred to the Airport Land Use Commission to consider whether it complied with
all conditions related to a previous ALUC conformance finding with the ALUP. On
September 2, 2020, the ALUC modified one of its previous conditions to ensure
compliance.
NC (Commercial Mixed Use Project). On November 17, 2020, the City Council
approved a Specific Plan Amendment and VTTM 3142, which would
accommodate up to 114,300 SF of commercial and 77 affordable housing units on
11 lots within the subdivision.
Agricultural Heritage Center. The Planning Commission approved the design for
the Agricultural Heritage and Learning Center portion of the Specific Plan on
October 27, 2021.
Acceptance of Improvements. The City Council adopted a resolution for partial
acceptance of public improvements and certification of completion of required
private improvements for Tract 3150, a multi-family condominium re-subdivision of
Lots 1 and 2 Tract 3096 on February 21, 2023.
Lot 7 Residential Development Application. On December 10, 2024, the City
Council authorized initiation of Specific Plan and General Plan amendments to
facilitate additional residential development on the vacant 11.44-acre Lot 7 site in
lieu of the previously approved commercial development. The applications will be
processed upon submittal by the Developer.
Public Engagement
An extensive public review process was completed with the approval of the Tentative Map
and San Luis Ranch Specific Plan. The annual monitoring of the San Luis Ranch
Development Agreement and associated project mitigation measures and conditions
have a “notify” level of public engagement, which has been accomplished through
this agenda item and associated staff report.
Page 52 of 625
Item 6d
CONCURRENCE
The Community Development Director, Public Works Director, Utilities Director, and
Parks and Recreation Director concur with the recommended action.
ENVIRONMENTAL REVIEW
Annual monitoring of the San Luis Ranch DA and MMRP is categorically exempt from
California Environmental Quality Act (CEQA) according to CEQA Guidelines Section
15306 (Information Collection), which exempts “basic data collection, research,
experimental management, and resource evaluation activities which do not result in a
serious or major disturbance to an environmental resource.” These actions also qualify
for the “common sense” exemption under Section 15061(b)(3), which covers activities
“where it can be seen with certainty that there is no possibility that the activity in
question may have a significant effect on the environment.” Annual monitoring does
not change any aspect of the approved San Luis Ranch project, nor does it introduce
the potential for any new environmental impacts. Therefore, the proposed action is
categorically exempt from further analysis under CEQA.
FISCAL IMPACT
Budgeted: Yes Budget Year: Annually beginning 2024-25
Funding Identified: Yes
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund
State
Federal
Fees
Other:
Total $0 $0 $0 $0
Section 5.03.2.(f) of the San Luis Ranch Development Agreement requires the Developer
to pay for consultant costs related to the annual Mitigation Monitoring and Reporting
Program evaluation and Development Agreement review. This year City staff prepared
the annual review internally, and billed San Luis Ranch for the staff hours to complete the
review and annual report. There are no direct fiscal impacts to the City related to the
MMRP and DA annual review and reporting.
Page 53 of 625
Item 6d
Supplemental taxes are assessed and collected on the project through the Community
Facilities District to pay for infrastructure. The CFD annual compliance report will be a
future agenda item prepared at the end of each fiscal year to coincide with the Citywide
annual budget and is therefore not included in this report. The CFD annual report was
last completed and presented to Council on August 20, 2024.
ALTERNATIVES
1. Council could decide to provide direction to staff regarding the annual
monitoring report for the SLR project and continue the item to a future
meeting. If this alternative is chosen, staff would request that the City Council provide
specific direction as to information that should be further studied or included in the
report.
2. Council could decide to reject the annual monitoring report for the SLR
project. If Council provides this direction, staff requests detailed information as to
why the annual report is rejected so that it additional information can be gathered and
the report can return to the City Council since annual monitoring is a requirement of
the DA.
ATTACHMENTS
A – Summary of Compliance with the San Luis Ranch Development Agreement
B – Summary of Compliance with the San Luis Ranch MMRP
C – Summary of Compliance with the San Luis Ranch Project Conditions
D – San Luis Ranch Mitigation Monitoring and Reporting Plan (March 2025)
E – San Luis Ranch DA Operating Memorandum 1
F – San Luis Ranch DA Operating Memorandum 2
G – San Luis Ranch DA Operating Memorandum 3
H – First Administrative Amendment to San Luis Ranch DA
I – Second Administrative Amendment to San Luis Ranch DA
J – Third Administrative Amendment to San Luis Ranch DA
Page 54 of 625
Development Agreement
Item DA ID Summary Description Compliance Status
1 1.03.a.1 Agreement terminates on 20th anniversary of annexation date in compliance
2 1.03.a.2 Agreement terminates on 15th anniversary of annexation if backbone infrastructure not in place in compliance
3 1.03.a.3 Agreement terminates once development and conditions are satisfied in compliance
4 1.03.a.4 Agreement terminates if annexation doesn't occur within 5 years of DA "Vesting Date" in compliance
5 1.04 Agreement must be executed 5 days after Ordinance adoption; to County Recorder within 10 days COMPLETED ‐ in compliance
6 5.02.1 Form Community Facilities District (CFD) COMPLETED ‐ in compliance
7 5.04.3 Reimbursement for developer improvements beyond fair share cost In process, ongoing
8 5.04.4 Post $300,000 bond to ensure compliance with Section 5.04.4 ongoing; in compliance
9 5.04.5 Prepay $1.5 million for Prado Interchange; early payment toward full mitigation fee; see notes COMPLETED ‐ in compliance
10 7.08 City to use Fee for grant program to replace existing sewer laterals equivalent to 66,000 gpd ongoing; in compliance
11 11.01; 02 Annual evaluation of the MMRP to ensure compliance ongoing; in compliance
12 11.04 Annual evaluation of the DA to ensure compliance ongoing; in compliance
13 11.05 CDD to issue "Finding of Development Agreement Compliance" based on review ongoing; in compliance
14 12.03 Any DA provision out of compliance must be cured within 60 days ongoing; in compliance
15 6.02.3 Land dedications for ROW or infrastructure COMPLETED ‐ in compliance
16 7.03 Dedicate 2.8 acres of onsite parkland and build park Completed; ongoign for individual projects in NC zone
17 7.09 Make Recycled Water facility improvements per Figure 7.2 of SLR SP ongoing; in compliance
18 7.10 Make storm drainage improvements per Figure 7.4 of SLR SP COMPLETED ‐ in compliance
19 7.11 Make floodplain improvements COMPLETED ‐ in compliance
20 7.13.01 CC&Rs disclosure statement required Completed
21 7.13.07 City to allow building permits and occupancy for up to 24 model homes prior to Final Map COMPLETED; in compliance
22 7.08 Pay $300,000 Capacity Offset Fee for sewer improvements In compliance
23 7.03 Dedicate offsite parkland or pay up to $3,175,026 as equivalent Completed; ongoign for individual projects in NC zone
24 7.04 Secure Ag Easement on 30 acres at APN 067‐181‐010 COMPLETED ‐ in compliance
25 7.06 Implement energy saving measures in development ongoing; in compliance; solar to be installed with commercial
26 7.07 Implement water saving measures in development ongoing; in compliance
27 7.13.04 Complete Design Review for all major surface public facilities COMPLETED ‐ in compliance
28 5.03.2.b Pay all Development Impact Fees (DIF) to City per terms of agreement ongoing; in compliance
29 5.04.4 Pay Early Residential Development Fee ($262/unit) at time of each annual DA review Annually; in compliance. No longer required as of 2025
30 5.04.6 Pay remaining Prado Road Mitigation Fee Completed
31 7.12 Make traffic and circulation improvements COMPLETED ‐ in compliance
32 7.05 Provide Affordable Housing or in lieu payment for commerical per Exhibit F of the DA Not in compliance ‐ Affordable housing not constructed per AHA
Page 55 of 625
Page 56 of 625
San Luis Ranch
Summary of Compliance with Mitigation Measures
March 2025
Mitigation Measures
Item MM ID Summary Description Compliance Status
1AG‐3(a) Agricultural Conflict Avoidance Measures.SP in compliance; installation in progress
2AG‐3(c) Buffer Landscaping.To be installed
3N‐5(c)Froom Ranch Way Noise Barrier.Complete
4 REC‐1 Parkland In‐lieu Fees.Yes; ongoing with individual projects
5 BIO‐2(c)Froom Ranch Way Bridge Design to Avoid Riparian Areas.In compliance; annual reporting for 5 years
6 GEO‐1 Earthquake and Ground Acceleration Design and Construction Measures.Yes; ongoing with individual projects
7 GEO‐3 Geotechnical Design.Yes; ongoing with individual projects
8 HWQ‐1(a)Stormwater Pollution Prevention Plan.In compliance; ongoing with each project
9 HWQ‐1(b)Berms and Basins.In compliance; ongoing with each project
10 HWQ‐1(c)Concept Grading Plan and Master Drainage Plan.Complete
11 HWQ‐3(a)Stormwater Quality Treatment Controls.In compliance; ongoing with each project
12 HWQ‐3(b)Stormwater BMP Maintenance Manual.In compliance; annually with each project
13 HWQ‐3(c)Stormwater BMP Semi‐Annual Maintenance Report.In compliance; semi‐annually per project
14 AQ‐2(e) Construction Activity Management Plan.In compliance; ongoing with each project
15 BIO‐2(a)Habitat Mitigation and Monitoring Plan In compliance; annual reports required
16 AG‐1 Agricultural Conservation.Complete
17 AQ‐2(a) Fugitive Dust Control Measures.In compliance; ongoing with each project
18 AQ‐2(b) Standard Control Measures for Construction Equipment.In compliance; ongoing with each project
19 AQ‐2(c) Best Available Control Technology (BACT) for Construction Equipment.In compliance; ongoing with each project
20 AQ‐3(a) Standard Operational Mitigation Measures.In compliance; ongoing with each project
21 AQ‐3(b) Off‐Site Mitigation.In compliance; ongoing with each project
22 BIO‐1(a) Best Management Practices.In compliance; ongoing with each project
23 BIO‐1(b) Worker Environmental Awareness Program Training.In compliance; ongoing with each project
24 BIO‐1(c)Western Pond Turtle and Two‐Striped Garter Snake Impact Avoidance and Minimization.In compliance; annual reports required
25 BIO‐1(d)California Red‐legged Frog, Western spadefoot, and Coast Range Newt Impact Avoidance and Minimization In compliance; annual reports required
26 BIO‐1(e)Steelhead Impact Avoidance and Minimization.In compliance; annual reports required
27 BIO‐1(f)Great Blue Heron and Monarch Butterfly Impact Avoidance and Minimization.In compliance; annual reports required
28 BIO‐1(g)Nesting Birds Impact Avoidance and Minimization.In compliance; annual reports required
Page 57 of 625
29 BIO‐1(h)Roosting Bats Impact Avoidance and Minimization.In compliance; annual reports required
30 BIO‐2(b)Tree Replacement.In process; annual reporting for 3 years
31 CR‐2(a)Retain a Qualified Principal Investigator.In compliance; ongoing with each project
32 CR‐2(b)Unanticipated Discovery of Archaeological Resources.In compliance; ongoing with each project
33 HAZ‐4 Soil Sampling and Remediation In compliance; ongoing with each project
34 HAZ‐6 Naturally Occurring Asbestos Exposure Avoidance and Minimization In compliance; ongoing with each project
35 HWQ‐4 Conditional Letter of Map Revision/Letter of Map Revision.In compliance
36 N‐1(a)Construction Vehicle Travel Route.In compliance; ongoing with each project
37 N‐1(b)Construction Activity Timing.In compliance; ongoing with each project
38 N‐1(c)Construction Equipment Best Management Practices (BMPs).In compliance; ongoing with each project
39 N‐1(d)Neighbor Property Owner Notification and Construction Noise Complaints In compliance; ongoing with each project
40 AG‐3(b) Agricultural Fencing.In process
41 AQ‐2(d) Architectural Coating.In compliance; ongoing with each project
42 CR‐1(c)Informational Display of Historic Resources.Completed, in compliance
43 N‐5(a)Interior Noise Reduction.Completed
44 T‐1(b); T‐8(a); T‐9(c)Intersection 3: Madonna Road & Dalidio Drive/Prado Road Intersection (construct various)Completed
45 T‐1(c) Intersection 5: Madonna & U.S. 101 Southbound Off Ramp (dedicate ROW; pay fair share cost; TDMP)Completed
46 T‐1(e); T‐8(b)Intersection 9: LOVR and Froom Ranch Way (construct various)Completed
47 T‐1(f); T‐8(c)Intersection 10: LOVR and Auto Park Way (dedicate ROW; pay fair share cost; TDMP)Completed
48 T‐1(g); T‐8(g); T‐9(l)Intersection 16: S. Higuera and Tank Farm Road (extend RT pocket to 230'; ROW; pay fair share; TDMP)Completed
49 T‐1(h)Intersection 21: Prado/Dalidio and Froom Ranch Way (construct roundabout)Completed
50 T‐1(i)Intersection 25: Prado/Dalidio and SC Project Driveway (construct roundabout)Completed
51 T‐2(a)Intersection 1: Madonna and LOVR (dedicate ROW; pay fair share cost; TDMP)Completed
52 T‐2(b); T‐9(b)Intersection 2: Madonna and Oceanaire (dedicate ROW; pay fair share cost; TDMP)Completed
53 T‐2(c)Intersection 5: Madonna & U.S. 101 Southbound Off Ramp (extend LT to 150')Completed
54 T‐2(d)Intersection 6: Madonna & U.S. 101 Northbound Off Ramp (dedicate ROW; pay fair share cost; TDMP)Completed
55 T‐2(e)Intersection 7: Madonna and Higuera (dedicate ROW; pay fair share cost; TDMP)Completed
56 T‐2(f); T‐9(h)Intersection 9: LOVR and Froom Ranch Way (construct various)Completed
57 T‐2(g)Intersection 12: LOVR & U.S. 101 Southbound Off Ramp (extend LT to 320')Completed
58 T‐2(h)Intersection 13: LOVR & U.S. 101 Northbound Off Ramp (dedicate ROW; pay fair share cost; TDMP)Completed
59 T‐2(i)Intersection 14: LOVR & Higuera (extend EB RT lane to 180')Completed
60 T‐2(j); T‐9(m)Intersection 18: Prado & Higuera (install 2nd NB LT lane; extend WB RT pocket to 400')Completed
61 T‐3(a)Segments 1‐6: Madonna Road‐‐LOVR to Higuera (construct bikeway; Prado ROW; pay fair share cost; TDMP)Complete
62 T‐3(b)Segments 7‐8: Higuera‐‐Madonna to Prado (Prado ROW; pay fair share cost; TDMP)Complete
63 T‐3(c)Segments 13‐17: LOVR‐‐Madonna to Higuera (construct bikeway; Prado ROW; pay fair share cost; TDMP)Complete
Page 58 of 625
64 T‐3(d)Segments 18‐20: Dalidio/Prado‐‐Froom to Higuera (construct Class I bikepaths)Complete
65 T‐5 Froom Ranch Way Bridge Construction Complete
66 T‐9(d)Intersecton 4: Madonna and El Mercado (see MM T‐1(b))Complete
67 T‐11(a) NB US 101 Prado Off Ramp (pay fair share, dedicate ROW for overpass and NB ramps; TDMP)Complete
68 T‐11(b) NB US 101 North of Prado (pay fair share, dedicate ROW for overpass and NB ramps; TDMP)Complete
69 T‐11(c) NB US 101 North of Madonna (pay fair share, dedicate ROW for overpass and NB ramps; TDMP)Complete
70 HWQ‐4 Conditional Letter of Map Revision/Letter of Map Revision.Complete
71 CR‐1(a)Historical Structure Relocation and Reconstruction Plan.Complete
72 CR‐1(b)Archival Documentation of Historic Buildings.Completed; in compliance
73 N‐5(b)Residential Outdoor Activity Area Noise Attenuation.In compliance
74 N‐5(d)U.S. Highway 101 Noise Barrier at Hotel.In compliance
75 GEO‐2 Operational Seismic Safety Requirement.In compliance; ongoing with each project
76 N‐4(a)HVAC Equipment.In compliance; ongoing with each project
77 N‐4(b)Parking Lot/Loading Dock Orientation and Noise Barrier.In compliance; ongoing with each project
78 AQ‐1 Encourage Telecommuting.In compliance; ongoing with each project
79 T‐1(a)Intersection 1: Madonna and LOVR (optimize signal timing)Ongoing
80 T‐1(d)Intersection 8: Higuera and South Street (signal timing)Ongoing
81 T‐4 Construction Traffic Management Plan Ongoing
82 T‐5 Froom Ranch Way Bridge Construction Complete
83 T‐6 Project Site Intersection Roundabout Control Complete
84 T‐7 Traffic Calming and/or Reconfiguration of New Neighborhood Streets Complete
85 T‐8(d)Intersection 12: LOVR & U.S. 101 Southbound Off Ramp (construct Prado Road overpass)Complete
86 T‐8(e)Intersection 13: LOVR & U.S. 101 Northbound Off Ramp (construct Prado Road overpass)Complete
87 T‐8(f)Intersection 14: LOVR & S. Higuera (construct Prado Road overpass)Complete
88 T‐9(a)Intersection 1: Madonna and LOVR (extend NB RT on LOVR to 295'; SB LT on Madonna to 395')Complete
89 T‐9(b)Intersection 2: Madonna and Oceanaire (extend WB RT on Madonna to 200')Complete
90 T‐9(e)Intersection 5: Madonna & U.S. 101 Southbound Off Ramp (construct Prado Road overpass)Complete
91 T‐9(f)Intersection 6: Madonna & U.S. 101 Northbound Off Ramp (construct Prado Road overpass)Complete
92 T‐9(g)Intersection 8: Higuera and South Street (extend NB Higuera LT to 120')Complete
93 T‐9(i)Intersection 11: LOVR and Calle Joaquin (construct Prado Road overpass w/ NB and SB ramps)Complete
94 T‐9(j)Intersection 12: LOVR & U.S. 101 Southbound Off Ramp (construct Prado overpass w/ NB and SB ramps)Complete
95 T‐9(k)Intersection 14: LOVR & S. Higuera (construct Prado Road overpass w/ NB and SB ramps)Complete
96 T‐10(a)Segments 1‐6: Madonna Road‐‐LOVR to Higuera (construct Prado Road overpass w/ NB and SB ramps)Complete
97 T‐10(b)Segments 15‐16: LOVR‐‐Calle Joaquin to US 101 NB ramps (construct Prado overpass w/ NB and SB ramps)Complete
98 T‐10(c)Segment 24: Pardo/Dalidio‐‐project driveway to Froom (construct Prado overpass w/ NB and SB ramps)Complete
Page 59 of 625
99 T‐11(a) NB US 101 Prado Off Ramp (pay fair share, dedicate ROW for overpass and NB ramps; TDMP)Complete
100 T‐11(b) NB US 101 North of Prado (pay fair share, dedicate ROW for overpass and NB ramps; TDMP)Complete
101 T‐11(c) NB US 101 North of Madonna (pay fair share, dedicate ROW for overpass and NB ramps; TDMP)Complete
Page 60 of 625
San Luis Ranch
Compliance with Development Agreement, Map Conditions, and Mitigation Measures
March 2025
Map Conditions
Item Condition Summary Description Compliance Status
1 116 Subdivider to hold City harmless and indemnify Completed
2 117 Map conditional on completing annexation Annexation completed 10‐18‐18
3 1 Second point of access needed for Multi‐Family Completed
4 2 Second point of access whenever more than 30 units Completed
5 3 all streets less than 28 feet to be no parking on both sides; less than 36 feet on one side Completed
6 4 minimum fire flow of 1,500 gpm within 300 feet of homes; hydrants spaced within 500 feet Completed
7 22 Include "knuckle" design at San Luis Ranch Road and Haystack Place Completed
8 23 Include Class I bikeway from Harvest Street to commecial area Completed
9 24 Include Class I bikeway from San Luis Ranch Road to commercial area Completed
10 25 Dedicate multiple easements along various roadways Completed
11 26 Make all efforts to dedicate 25‐foot easement along 101 for maintenance Completed
12 28 Parallel parking prohibited on Froom Ranch Way Completed
13 29 Adjust final map and PIPs to include right turn lane on Dogwood approach to Madonna Completed
14 30, 60 Show all easements on Final Map Completed
15 31 Show all offers of dedication on Final Map Completed
16 40 show how secondary access will be provided for developments greater than 30 units Completed; ongoing with individual projects
17 41 Fire access to be provided for each building Completed; ongoing with individual projects
18 42 City streets to conform to City Engineering Standards Completed
19 43 Road alignments to conform to City Engineering Standards Completed
20 44 Include parking restriction signs within tract Completed; ongoing with individual projects
21 45 Include center median landscaping on Dalidio and Froom Ranch Way Completed
22 46 Final street sections to be approved in context of project drainage report Completed
23 47 Roundabouts to be designed per City Engineering standards Completed
24 52 Access rights shall be offered for dedication along Madonna, Dalidio, and Froom Ranch Way Completed
25 59 Plans must show all existing structures and proposed improvements Completed
26 60 Map and PIPs must show all easements Completed
27 65 Porous concrete and pavers must be used consistent with Specific Plan Completed; ongoing with individual projects
28 90 Cut and fill slopes to be protected as recommended by soils engineer Completed
29 93 All plans to show compliance with all regulations Completed; ongoing with individual projects
Page 61 of 625
30 96 Indicate revised floodplain on PIPs and Final Map Complete for Final Map and record drawings for PIPs
31 111 Developer to submit written report verifying compliance with these conditions and mitigatio Ongoing
32 114 Record avigation easements on applicable parcels Completed
33 49 Include line‐of‐sight analysis for area intersections Completed
34 50 Subdivision plans to show frontage improvements as needed Completed
35 51 All resource regulatory permits must be acquired before approval of improvement plans Completed
36 56 Prepare analysis of trees to be removed and retained within Tree Preservation Plan Completed /Ongoing ‐ additional replanting in process
37 61 If new street paving is phased, it must be shown in Public Improvement Plans Completed
38 62 Construction phasing plan, truck routes, and staging areas must be shown in PIPs Completed
39 63 Retaining walls and fences to be approved by Planning Division Completed; ongoing with individual projects
40 64 PIPs must show mailboxes Completed
41 66 Common areas, linear parkways and paths must be ADA accessible Completed
42 71 Dry utilities infrastructure to be in place Completed; approved by Utilities Engineer
43 72 Utilities to comply with engineering design standards Completed; approved by Utilities Engineer
44 74 PW and Utilities must approve all water, sewer and utilities layouts Completed; approved by Utilities Director and Public Works Di
45 75 Limit and extent of public utilitites to be approved by City Utilities Dept Completed; approved by Utilities Director and Public Works Di
46 76 Gas main to be located in joint trench in accordance with PUC Completed
47 77 PIPs to show location of all water meters Completed
48 78 Sewer report needed for design of sewer main for development on Lot 1 and 2 Completed
49 79 Approval of overwhead wiring facilities Completed
50 80 Street widening to require undergrounding of any overhead wires Completed
51 81 Approval of overhead wiring facilities required in SE portion of site Completed
52 82 approval of plan for undergrounding utilities Completed
53 83 provide 3 sets of irrigation plans to city Completed
54 86 PIPs to verify how wetland features to be protected Completed / ongoing moniotoring
55 87 PIPs to verify how non‐native plants to be contained Completed / ongoing monitoring
56 94 Improvement Plans must include grading, drainage and erosion control plan. Completed
57 97 Indicate various drainage, well and other features on PIPs Completed
58 98 provide final HEC‐RAS modeling for drainage Completed
59 99 final drainage plans must address Cerro San Luis Channel Completed
60 100 final drainage plans must address trash removal Completed
61 104 Bio‐retention plans or stormwater BMPs to be approved as part of PIPs Completed
62 105 Detention basin to be designed per Waterways Mgmt Plan Drainage Design Manual Completed
63 109 Obtain and approve SWPPP Completed
64 115 Enter into affordable housing agreement with the City, included in DA AHA completed ‐ required units not installed per AHA
Page 62 of 625
65 7 Dedicate land for Prado Interchange; pay fair share fees for interchange per DA Completed ‐ Payment made per DA requirements 11/17/23
66 8a Complete design for Madonna/Dalidio improvements Complete
67 10a Complete design for roundabout at Dalidio/Froom Ranch Way Completed
68 12a Complete design for bike path on Madonna between El Mercado and 101 SB Complete
69 15 Froom Ranch Way design speed not to exceed 35 MPH Complete
70 16a Complete design for improvements to Froom Ranch Way/LOVR intersection Complete
71 17 Madonna/Dalidio and LOVR/Froom to be "bicycle protected" per NACTO guidelines Complete
72 27 Complete design for in‐tract traffic calming improvements Complete
73 32 Dedicate street tree easements Complted with Final Map
74 33 Dedicate offsite easements as necessary Completed
75 35 Establish encroachment agreement for privately maintained facilities in public ROW Completed with Final Map
76 37a pay park in‐lieu fees with recordation of NG‐10 and ‐23 map consistent with DA Completed; ongoing with individual projects
77 38 Make all reasonable efforts to dedicate land for ROW, and show proof of dedication Completed
78 39 Demonstrate that land has been acquired as appropriate Completed
79 48 Record Notice of Requirements that project is ineligible for Parking District or Neigh Tr MgmtCompleted with Final Map
80 57 Improvement Plans (including offsite) must be approved prior to Final Map Completed
81 67 No potable water used during construction; recycled water to be used Utilities Dept to confirm recycled water is operational
82 73 Relocate utilties affected by 101 interchange improvements Completed
83 85 Obtain permits from RWQCB, ACOE and CDFW Completed; permits required ongoign monitoring
84 92 Grading and drainage plans required to show site accessibility Completed
85 95a Comply with FEMA and City requirements; CLOMR‐F approved before construction or fill placCompleted; verified by City Engineer and FEMA
86 108 Verify LID compliance of grading and drainage plans Completed; verfied by Project Soils Engineer
87 110 Verify compliance with AQ standards from APCD in progress/ongoing
88 118 Complete plan to stockpile and salvage topsoil Completed
89 119 Complete Habitat Mitigation and Monitoring Plan HMMP complete 2019; ongoing annual monitoring required
90 8b Make Madonna/Dalidio intersection improvements (per Table 4.12‐1 #2 in SLR EIR) Construction complete.
91 9a Madonna/Oceanaire pedestrian crossing improvements Construction complete.
92 10b Install roundabout at Dalidio/Froom Ranch Way Construction complete.
93 11 Construct extention of LOVR/SB 101 ramp Construction complete.
94 12b Construct bike path on Madonna between El Mercado and 101 SB Construction complete.
95 13 Construct Froom Ranch Way bridge over Prefumo Creek Construction complete.
96 14 Design and construct Froom Ranch Way from LOVR to end; also Class I path and signal at OceConstruction complete.
97 16b Make improvements to Froom Ranch Way/LOVR intersection Construction complete.
98 19 Pay Citywide fees per Developent Agreement see Development Agreement for details
99 53 Install street lighting along public streets Completed
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100 54 Install private lighting based on ARC approval Ongoing pending development of remaining lots
101 55 Install street trees per condition Partially complete; pending street tree installtion
102 68 Recycled water pipeline infrastructure to be in place In Progress; confirm operational
103 69 Water pipeline infrastructure to be in place Completed
104 70 Sewer infrastructure to be in place Completed
105 84 Landscape Plan must be consistent with drought provisions Completed
106 88 Engineering soils testing may be needed on a lot‐by‐lot basis Completed
107 89 Soils engineer to certify all grading for finl pads prior to building permit issuance Completed
108 91 Easement agreement needed for Cerro San Luis Channel Completed
109 95b Comply with FEMA/City reqs; LOMR‐F submitted to FEMA within 6 months of grading compleCompleted; verified by City Engineer and FEMA
110 95c Comply with FEMA/City reqs; LOMR‐F approved by FEMA prior to accptance of final building Completed; verified by City Engineer and FEMA
111 101 Developer to prepare O&M manual for creek maintenance/stormwater BMPs Completed; verified by City Engineer
112 18 Fund Highway 101 Mainline Monitoring Completed 2024
113 113 Provide written disclosure of of airport safety and noise issues to potential occupants Completed
114 36 Notice of requirements related to map conditions to be completed (lots 1, 2 and commercialCompleted
115 37b pay park in‐lieu fees with recordation of NG‐30 map consistent with DA Completed; ongoing with individual projects
116 9b Install "hawk" pedestrian signal at Dogwood and Madonna Construction complete.
117 112 Complete relocation of historic buildings consistent with MM CR‐1 Completed
118 37c pay park in‐lieu fees with recordation of NC map consistent with DA (if housing) Pending development of NC lot(s), to be collected with permits
119 20 Pay fairshare mitigation costs as specified in the Development Agreement see Development Agreement for details
120 21 Access rights to Prado, Madonna and Froom dedicated to City; private access on Dalidio RT inCompleted; Confirmed with Final Map and PIPs.
121 34 Private improvements to be owned and maintained by HOA and/or through CFD No CFD funds for maintenance. See DA and O&M manual
122 58 Demolition permit needed for structure removal, or removal of existing infrastructure Completed
123 102 Homeowners to be notified of BMP requirements In progress/ongoing
124 103 Maintenance responsibilities for stormwater infrastructure to be followed by HOA or CFD as Completed
125 106 CC&Rs sall allow for subdivided parcels to be included in HOA Completed; verified by City Engineer
126 107 Creek stabilization to be approved by City as needed Completed; verified by City Engineer
Page 64 of 625
San Luis Ranch Project EIR
Mitigation Monitoring and Reporting Program (updated March 2025)
MITIGATION MONITORING AND REPORTING PROGRAM
This document is the Mitigation Monitoring and Reporting Program (MMRP) for the San Luis
Ranch Project, proposed in the City of San Luis Obispo, California. Public Resources Code
Section 21081.6(a)(1) requires that a Lead Agency adopt an MMRP before approving a project in
order to mitigate or avoid significant impacts that have been identified in an Environmental
Impact Report (EIR). The purpose of the MMRP is to ensure that the required mitigation
measures identified in the EIR are implemented as part of the overall project development
process. In addition to ensuring implementation of mitigation measures, the MMRP provides
guidance to agency staff and decision-makers during project implementation, and identifies the
need for enforcement action before irreversible environmental damage occurs. Where an impact
was identified to be less than significant in the EIR, no mitigation measures were required.
The San Luis Ranch Project consists of a Specific Plan, General Plan Amendment/Pre-Zoning,
and Development Plan/Vesting Tentative Tract Map for a 131-acre project site, including
annexation of the site into the City of San Luis Obispo. The project includes construction of up
to 580 residential units, 150,000 square feet of commercial development, 100,000 square feet of
office development, and a 200-room hotel, with a portion of the site preserved for agriculture
and open space uses. The following table summarizes the mitigation measures for each issue
area identified in the Final EIR as updated through the Final Supplemental EIR for the project.
Specifically, the table identifies each mitigation measure; the action required for the measure to
be implemented; the time at which the monitoring is to occur; the monitoring conditions; and
the agency or party responsible for ensuring that the monitoring is performed. In addition, the
table includes columns for compliance verification.
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Agency or Party
Compliance Verification
Initial Date Compliance
Agricultural Resources
AG -1 Agricultural Conservation. Prior to issuance of any
grading permits, the project proponent shall provide that for
every one (1) acre of Important Farmland (Prime Farmland,
Farmland of Statewide Importance, and Unique Farmland)
on the site that is permanently converted to non-agricultural
use as a result of project development, one (1) acre of land
of comparable agricultural productivity shall be preserved in
perpetuity. The land dedicated to agriculture pursuant to this
measure shall be of size, location and configuration
appropriate to maintain a viable, working agricultural
operation. The acreage required to meet the 1:1 ratio may
be met by the off-site agricultural conservation
easement/deed restriction proposed by the project applicant,
as long as this land meets the conditions outlined in this
measure. Said mitigation shall be satisfied by the applicant
through:
1) Granting a perpetual conservation easement(s), deed
restriction(s), or other farmland conservation
mechanism(s) to the City or qualifying entity which has
been approved by the City, such as the Land
Conservancy of San Luis Obispo, for the purpose of
permanently preserving agricultural land. The required
easement(s) area or deed restriction(s) shall therefore
total a minimum of 56 acres of Prime Farmland. The
land covered by said on- and/or off-site easement(s) or
deed restriction(s) shall be located within or contiguous
to the City’s Urban Reserve Line or Greenbelt subject
to review and approval of the City’s Natural Resources
Manager; or
2) Making an in-lieu payment to a qualifying entity which
has been approved by the City, such as the Land
Conservancy of San Luis Obispo, to be applied toward
the future purchase of a minimum of 56 acres of Prime
Farmland in San Luis Obispo County, together with an
endowment amount as may be required. The payment
amount shall be determined by the qualifying entity or a
licensed appraiser; or
3) Making an in-lieu payment to a qualifying entity which
has been approved by the City and that is organized for
conservation purposes, to be applied toward a future
perpetual conservation easement, deed restriction, or
other farmland conservation mechanism to preserve a
minimum of 56 acres of Prime Farmland in San Luis
Prior to issuance of any
grading permits for the project,
the applicant shall provide
evidence of the recorded
easement(s), deed
restriction(s), or evidence of
payment to the City Planning
Department or qualifying entity
for approval to demonstrate
compliance with this measure.
Notices, payment of in-lieu
fees, and/or dedication of
agricultural conservation
easements shall be completed
by the applicant prior to
development plan approval.
The City shall ensure
compliance with Land Use
Element Policy 8.6.3. The City
shall make the final decision on
the specific requirements for
agricultural mitigation prior to
development plan approval.
Compliance Status:
City staff worked with
development team in 2019 on
Final map, which slightly
modified the acreages of ag
preserved onsite. City staff
verified substantial conformance
with this mitigation measure in
August 2019. Easement
recorded 9/14/2020.
City of San Luis
Obispo Planning
Department or
qualifying entity;
City of San Luis
Obispo Natural
Resources
Manager.
10-19 Yes
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Compliance Verification
Initial Date Compliance
Obispo County. The amount of the payment shall be
determined by the qualifying entity or a licensed
appraiser; or
4) Any combination of the above.
AG -3(a) Agricultural Conflict Avoidance Measures. The
following language shall be added to Section 4.2.1,
Agricultural Buffer, of the San Luis Ranch Specific Plan:
Agricultural buffers will include City-approved measures
to reduce availability of public access to agricultural
cultivation areas adjacent to the project site (e.g.,
fencing, signs, etc.). Future residents will be notified of
agricultural buffers as part of purchase or lease
agreements.
The applicant shall add the
agricultural buffer
specifications to the Specific
Plan.
Agricultural buffers to be
installed on site per Specific
Plan requirements
The City Natural Resources
Manager shall make the final
decision on the specific
requirements for agricultural
conflict avoidance measures
prior to development plan
approval for the project, and
shall ensure that agricultural
conflict avoidance measures are
implemented in compliance with
applicable General Plan
policies.
Compliance Status:
Language added to revised and
updated Specific Plan following
8-21-18 amendment.
Installation to be verified.
City of San Luis
Obispo Natural
Resources
Manager.
8-18 Specific
Plan –
Yes
Installation
– to be
verified
AG -3(b) Agricultural Fencing. The project applicant shall
coordinate with the City to fund installation of fencing and
signs along Froom Ranch Way and Dalidio Drive/Prado
Road to minimize potential for increases in trespass and
vandalism of adjacent agricultural areas.
The applicant shall clearly
identify agricultural fencing
within the development plan
and tract map.
The City Natural Resources
Manager shall review the
development plan and VTTM to
ensure that design includes
installation of fencing and signs
as required under Mitigation
Measures AG-3(b) and AG-3(c).
The City Natural Resources
Manager shall also review the
final landscape plan to ensure
that the species mix and density
of proposed plantings would
provide an adequate landscape
buffer. Field inspections at
appropriate phases of project
construction shall confirm
installation and compliance with
Mitigation Measures AG-3(b)
and AG-3(c).
City of San Luis
Obispo Natural
Resources
Manager.
2024 In
progress
Installation
– to be
verified
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Agency or Party
Compliance Verification
Initial Date Compliance
Compliance Status:
In progress – to be verified.
City staff is requiring
installation of this with ag site.
AG -3(c) Buffer Landscaping. To reduce the potential for
noise, dust, and pesticide drift to affect future residents on
the project site, the project applicant shall ensure that project
landscape plans include planting of a windrow of trees and
shrubs within the agricultural buffer along Froom Ranch Way
at a sufficient density to buffer the site from surrounding
agricultural operations.
The applicant shall clearly
identify buffer landscaping
within the development plan
and tract map.
The City Natural Resources
Manager shall review the
development plan and VTTM to
ensure that design includes
installation of fencing and signs
as required under Mitigation
Measures AG-3(b) and AG-3(c).
The City Natural Resources
Manager shall also review the
final landscape plan to ensure
that the species mix and density
of proposed plantings would
provide an adequate landscape
buffer. Field inspections at
appropriate phases of project
construction shall confirm
installation and compliance with
Mitigation Measures AG-3(b)
and AG-3(c).
Compliance Status:
Required through the Specific
Plan; installation in progress -
not yet completed.
City of San Luis
Obispo Natural
Resources
Manager.
2024 TBD
Air Quality
AQ -1 Encourage Telecommuting. The project applicant or
developers of individual projects within the Specific Plan
Area shall include provisions to encourage employers within
the proposed commercial, office, and hotel components of
the project to implement telecommuting programs and
include teleconferencing capabilities, such as web cams or
satellite linkage, which will allow employees to attend
meetings remotely without requiring them to travel out of the
area.
The project applicant or
developers of individual
projects within the Specific
Plan Area shall submit proof
that employers within the
proposed commercial, office,
and hotel components of the
project have either
implemented telecommuting
programs or include
teleconferencing capabilities,
The Community Development
Department shall verify
teleconferencing capabilities, if
feasible, are included in tenant
improvements prior to issuance
of occupancy permits.
Compliance Status:
Required and noted on Tract
Map. To be verified when
development occurs.
City of San Luis
Obispo
Community
Development
Department.
1-20
4-20
7-20
11-20
Ongoing
with
individual
projects
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Agency or Party
Compliance Verification
Initial Date Compliance
or proof that such a program is
infeasible.
AQ -2(a) Fugitive Dust Control Measures. Construction
projects shall implement the following dust control measures
so as to reduce PM10 emissions in accordance with
SLOAPCD requirements.
Reduce the amount of the disturbed area where
possible;
Water trucks or sprinkler systems shall be used during
construction in sufficient quantities to prevent airborne
dust from leaving the site. Increased watering
frequency shall be required whenever wind speeds
exceed 15 mph. Reclaimed (non-potable) water or a
SLOAPCD-approved dust suppressant shall be used
whenever possible, to reduce the amount of potable
water used for dust control. Please note that since
water use is a concern due to drought conditions, the
contractor or builder shall consider the use of an
APCD-approved dust suppressant where feasible to
reduce the amount of water used for dust control;
All dirt stock pile areas shall be sprayed daily as
needed;
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;
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;
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
SLOAPCD;
All roadways, driveways, sidewalks, etc. to be paved
shall be completed as soon as possible after grading
unless seeding or soil binders are used;
Vehicle speed for all construction vehicles shall not
exceed 15 mph on any unpaved surface at the
construction site;
Future development shall
incorporate the listed
provisions into development
plans prior to issuance of
grading permits.
The Community Development
Department shall verify
compliance prior to issuance of
grading permits. The
Community Development
Department shall site inspect to
ensure construction is in
accordance with approved
plans.
Compliance Status:
Required in Specific Plan and
noted on Tract Map and
Grading Plans. Permitted
grading efforts comply. Future
grading will require field
verification.
City of San Luis
Obispo
Community
Development
Department.
1-20
4-20
7-20
11-20
10-21
Yes;
ongoing
with
individual
projects
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Monitoring Requirements and
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Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
All trucks hauling dirt, sand, soil, or other loose
materials are to be covered or shall maintain at least
two feet of freeboard (minimum vertical distance
between top of load and top of trailer) in accordance
with California Vehicle Code Section 23114;
Install wheel washers where vehicles enter and exit
unpaved roads onto streets, or wash off trucks and
equipment leaving the site;
Sweep streets at the end of each day if visible soil
material is carried onto adjacent paved roads. Water
sweepers with reclaimed water shall be used where
feasible;
All of these fugitive dust mitigation measures shall be
shown on grading and building plans; and
The contractor or builder shall designate a person or
persons to monitor the fugitive dust emissions and
enhance the implementation of the measures as
necessary to minimize dust complaints, reduce visible
emissions below 20 percent opacity, and to prevent
transport of dust offsite. Their duties shall include
holidays and weekend periods when work may not be
in progress. The name and telephone number of such
persons shall be provided to the SLOAPCD
Compliance Division prior to the start of any grading,
earthwork or demolition.
AQ -2(b) Standard Control Measures for Construction
Equipment. The following standard air quality mitigation
measures shall be implemented during construction
activities at the project site:
Maintain all construction equipment in proper tune
according to manufacturer’s specifications;
Fuel all off-road and portable diesel powered equipment
with ARB certified motor vehicle diesel fuel (non-taxed
version suitable for sue off-road);
Use diesel construction equipment meeting ARB’s Tier
2 certified engines or cleaner off-road heavy-duty diesel
engines, and comply with the State Off-Road
Regulation;
Use on-road heavy-duty trucks that meet the ARB’s
2007 or cleaner certification standard for on-road
Future development shall
incorporate the listed
provisions into development
plans prior to issuance of
grading permits.
The Community Development
Department shall verify
compliance prior to issuance of
grading permits. The
Community Development
Department shall site inspect to
ensure construction is in
accordance with approved
plans.
Compliance Status:
Required in Specific Plan and
noted on Tract Map and
Grading Plans. Permitted
grading efforts comply. Future
grading will require field
verification.
City of San Luis
Obispo
Community
Development
Department.
1-20
4-20
7-20
11-20
10-21
Yes;
ongoing
with
individual
projects
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Monitoring Requirements and
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Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
heavy-duty diesel engines, and comply with the State
On-Road Regulation;
Construction or trucking companies with fleets that do
not have engines in their fleet that meet the engine
standards identified in the above two measures (e.g.
captive or NOX exempt area fleets) may be eligible by
proving alternative compliance;
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:
1. Shall not idle the vehicle's primary diesel engine
for greater than 5-minutes at any location, except
as noted in Subsection (d) of the regulation; and,
2. Shall not operate a diesel-fueled auxiliary power
system (APS) to power a heater, air conditioner, or
any ancillary equipment on that vehicle during
sleeping or resting in a sleeper berth for greater
than 5.0 minutes at any location when within 1,000
feet of a restricted area, except as noted in
Subsection (d) of the regulation.
Off-road diesel equipment shall comply with the 5-
minute idling restriction identified in Section 2449(d)(2)
of the California Air Resources Board's In-Use Off-
Road Diesel regulation.
Signs shall be posted in the designated queuing areas
and or job sites to remind drivers and operators of the 5
minute idling limit;
In addition to the state required diesel idling
requirements, the project applicant shall comply with
these more restrictive requirements to minimize
impacts to nearby sensitive receptors:
1. Signs that specify the no idling areas shall be
posted and enforced at the site.
2. Diesel idling within 1,000 feet of sensitive
receptors is not permitted;
3. Staging and queuing areas shall not be located
within 1,000 feet of sensitive receptors;
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Agency or Party
Compliance Verification
Initial Date Compliance
4. Use of alternative fueled equipment is
recommended;
Electrify equipment when feasible;
Substitute gasoline-powered in place of diesel-powered
equipment, where feasible; and
Use alternatively fueled construction equipment on-site
where feasible, such as compressed natural gas
(CNG), liquefied natural gas (LNG), propane or
biodiesel.
AQ -2(c) Best Available Control Technology (BACT) for
Construction Equipment. The following BACT for diesel-
fueled construction equipment shall be implemented during
construction activities at the project site, where feasible:
Further reducing emissions by expanding use of Tier 3
and Tier 4 off-road and 2010 on-road compliant
engines where feasible;
Repowering equipment with the cleanest engines
available; and
Installing California Verified Diesel Emission Control
Strategies, such as level 2 diesel particulate filters.
These strategies are listed at:
http://www.arb.ca.gov/diesel/verdev/vt/cvt.htm
Future development shall
incorporate the listed
provisions into development
plans prior to issuance of
grading permits.
The Community Development
Department shall verify
compliance prior to issuance of
grading permits. The
Community Development
Department shall site inspect to
ensure construction is in
accordance with approved
plans.
Compliance Status:
Required in Specific Plan and
noted on Tract Map and
Grading Plans. Permitted
grading efforts comply. Future
grading will require field
verification.
City of San Luis
Obispo
Community
Development
Department.
1-20
4-20
7-20
11-20
10-21
Yes;
ongoing
with
individual
projects
AQ -2(d) Architectural Coating. To reduce ROG and NOX
levels during the architectural coating phase, low or no VOC-
emission paint shall be used with levels of 50 g/L or less.
Future development shall
incorporate the listed
provisions into development
plans prior to issuance of
grading permits.
The Community Development
Department shall verify
compliance prior to issuance of
grading permits. The
Community Development
Department shall site inspect to
ensure construction is in
accordance with approved
plans.
Compliance Status:
Required in Specific Plan and
noted on Tract Map. Verified on
City of San Luis
Obispo
Community
Development
Department.
2022 Yes;
ongoing
with
individual
projects
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Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
building permits and field
inspection.
AQ -2(e) Construction Activity Management Plan.
Emissions reduction measures and construction practices
required to comply with Mitigation Measures AQ-2(a)
through AQ-2(d) shall be documented in a Construction
Activity Management Plan (CAMP) and submitted to
SLOAPCD for review and approval at least three months
before the start of construction. The CAMP shall include a
Dust Control Management Plan, tabulation of on and off-
road construction equipment (age, horse-power and miles
and/or hours of operation), construction truck trip schedule,
construction work-day period, and construction phasing. If
implementation of the Standard Mitigation and Best
Available Control Technology measures cannot bring the
project below the Tier 1 threshold (2.5 tons of NOX+ROG
per quarter), off-site mitigation shall be implemented in
coordination with SLOAPCD to reduce NOX and ROG
emissions to below the Tier 1 threshold.
Future development shall
incorporate the listed
provisions into development
plans prior to issuance of
grading permits.
The Community Development
Department shall verify
compliance prior to issuance of
grading permits. The
Community Development
Department shall site inspect to
ensure construction is in
accordance with approved
plans.
Compliance Status:
Required in Specific Plan and
noted on Tract Map and
Grading Plans. Permitted
grading efforts comply. Future
grading will require field
verification.
City of San Luis
Obispo
Community
Development
Department.
Yes;
ongoing
with
individual
projects
AQ -3(a) Standard Operational Mitigation Measures. Prior
to issuance of grading permits, the applicant shall define and
incorporate into the San Luis Ranch Specific Plan standard
emission reduction measures from the SLOAPCD CEQA Air
Quality Handbook to reduce emissions to below daily
threshold levels. Emission reduction measures shall include,
but would not be limited to:
Increase the building energy rating by 20 percent above
2013 Title 24 requirements (used in the California
Emissions Estimator Model) or consistent with 2016
Title 24 requirements, whichever is stricter. Measures
used to reach the 20 percent rating cannot be double
counted;
Utilize onsite renewable energy systems (e.g., solar,
wind, geothermal, low-impact hydro, biomass and bio-
gas); and
Provide bicycle-share program.
In addition, the proposed hotel component of the Specific
Plan shall participate in the SLO Car Free Program, provide
incentives to car-free travelers, and promote the program in
their communication tools.
Future development shall
incorporate the listed
provisions into development
plans and submit proof that
emissions have been
reduced to below daily
threshold levels through a
combination of these
measures and off-site
mitigation (described in
Mitigation Measure AQ-3[b])
prior to issuance of grading
permits.
The Community Development
Department shall verify
compliance prior to issuance of
grading permits. The
Community Development
Department shall site inspect to
ensure development is in
accordance with approved
plans prior to occupancy
clearance. Community
Development staff shall verify
installation in accordance with
approved building plans.
Compliance Status:
Required in Specific Plan and
noted on Tract Map and
Grading Plans. With regard to
the requirement to use onsite
renewable energy systems,
compliance status is verified
with installation for each project
component. Residential units
City of San Luis
Obispo
Community
Development
Department.
1-20
4-20
7-20
11-20
10-21
Yes -
ongoing
with
individual
projects
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and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
include roof top solar. Solar
installed with hotel and ag
heritage buildings.
AQ -3(b) Off-Site Mitigation. If implementation of standard
emission reduction measures from the SLOAPCD CEQA Air
Quality Handbook described in Mitigation Measure AQ-3(a)
is insufficient to reduce emissions to below daily threshold
levels, then the applicant shall coordinate with SLOAPCD to
provide funding for off-site emission reduction measures to
reduce emissions to below daily threshold levels. In
accordance with SLOAPCD methodology, the excess
emissions shall be multiplied by the cost effectiveness of
mitigation as defined in the State’s current Carl Moyer
Incentive Program Guidelines to determine the annual off-
site mitigation amount. This amount shall then be
extrapolated over the life of the project to determine total off-
site mitigation. Off-site emission reduction measures may
include, but would not be limited to:
Developing or improving park-and-ride lots;
Retrofitting existing homes in the project area with
SLOAPCD-approved wood combustion devices;
Retrofitting existing homes in the project area with
energy-efficient devices;
Constructing satellite worksites;
Funding a program to buy and scrap older, higher
emission passenger and heavy-duty vehicles;
Replacing/re-powering transit buses;
Replacing/re-powering heavy-duty diesel school
vehicles (i.e. bus, passenger or maintenance vehicles);
Funding an electric lawn and garden equipment
exchange program;
Retrofitting or re-powering heavy-duty construction
equipment, or on-road vehicles;
Re-powering marine vessels;
Re-powering or contributing to funding clean diesel
locomotive main or auxiliary engines;
Installing bicycle racks on transit buses;
Future development shall
incorporate the listed
provisions into development
plans and submit proof that
emissions have been
reduced to below daily
threshold levels through a
combination of the measures
described in Mitigation
Measure AQ-3(a) and this off-
site mitigation prior to
issuance of grading permits.
The Community Development
Department shall verify
compliance prior to issuance of
grading permits.
Compliance Status:
Required in Specific Plan and
noted on Tract Map and
Grading Plans. Compliance
status to be determined,
pending verification from
project developer that air
emissions have been reduced
to below daily threshold levels.
City of San Luis
Obispo
Community
Development
Department.
1-20
4-20
7-20
11-20
10-21
Some
aspects
TBD;
ongoing
with
individual
projects
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and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
Purchasing particulate filters or oxidation catalysts for
local school buses, transit buses or construction fleets;
Installing or contributing to funding alternative fueling
infrastructure (i.e. fueling stations for CNG, LPG,
conductive and inductive electric vehicle charging, etc.);
Funding expansion of existing transit services;
Funding public transit bus shelters;
Subsidizing vanpool programs;
Subsidizing transportation alternative incentive
programs;
Contributing to funding of new bike lanes;
Installing bicycle storage facilities; and
Providing assistance in the implementation of projects
that are identified in City or County Bicycle Master
Plans.
Biological Resources
BIO-1(a) Best Management Practices. The applicant shall
ensure the following general wildlife Best Management
Practices (BMPs) are required for construction activity within
the San Luis Ranch Specific Plan Area:
No pets or firearms shall be allowed at the project site
during construction activities.
All trash that may attract predators must be properly
contained and removed from the work site. All such
debris and waste shall be picked up daily and properly
disposed of at an appropriate site.
All refueling, maintenance, and staging of equipment
and vehicles shall occur at least 100 feet from Prefumo
Creek and in a location where a spill would not drain
toward aquatic habitat. A plan must be in place for
prompt and effective response to any accidental spills
prior to the onset of work activities. All workers shall be
informed of the appropriate measures to take should an
accidental spill occur.
Pallets or secondary containment areas for chemicals,
drums, or bagged materials shall be provided. Should
material spills occur, materials and/or contaminants
shall be cleaned from the project site and recycled or
Special status species
protection plans and surveys
shall be prepared by the
applicant and shall be
submitted for review and
approval by the City prior to
the approval of grading and
construction permits. Any
required permits shall be
obtained from the state and
federal agencies prior to
issuance of grading permits.
The Environmental Monitor shall
monitor environmental
compliance of the construction
activities throughout the
construction period or as
stipulated in the species- or
resource-specific mitigation
measure and provide monitoring
reports to the City.
Compliance Status:
Required in Specific Plan and
noted on Tract Map and
Grading Plans. Permitted
grading efforts comply. Future
compliance to be determined
through field verification.
HMMP submitted Feb. 2019.
Monitoring reports submitted
2018 and 2019 during
construction.
1-year Annual report submitted
September 2024.
City of San Luis
Obispo approved
Environmental
Monitor.
2018
2019
1-20
4-20
7-20
11-20
10-21
9-24
Yes;
Ongoing
monitoring
required
per HMMP.
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Mitigation Measure
Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
disposed of to the satisfaction of the Regional Water
Quality Control Board (RWQCB).
Prior to construction activities in areas adjacent to
Prefumo Creek and Cerro San Luis Channel, the
drainage features shall be fenced with orange
construction fencing and signed to prohibit entry of
construction equipment and personnel unless
authorized by the City. Fencing should be located a
minimum of 20 feet from the edge of the riparian
canopy or top of bank and shall be maintained
throughout the construction period for each phase of
development. Once all phases of construction in this
area are complete, the fencing may be removed.
To control sedimentation during and after project
implementation, appropriate erosion control BMPs
(e.g., use of coir rolls, jute netting, etc.) shall be
implemented to minimize adverse effects on Prefumo
Creek. No plastic monofilament netting shall be utilized
on site.
Construction equipment shall be inspected at the
beginning of each day to ensure that wildlife species
have not climbed into wheel wells or under tracks since
the equipment was last parked. Any sensitive wildlife
species found during inspections shall be gently
encouraged to leave the area by a qualified biological
monitor or otherwise trained personnel.
All vehicles and equipment shall be in good working
condition and free of leaks.
Environmentally Sensitive Areas shall be delineated by
a qualified biologist prior to construction to confine
access routes and construction areas.
Construction work shall be restricted to daylight hours
(7:00 AM to 7:00 PM) to avoid impacts to nocturnal and
crepuscular (dawn and dusk activity period) species.
No construction night lighting shall be permitted within
100 yards of the top of the Prefumo Creek bank.
Concrete truck and tool washout shall be limited to
locations designated by a qualified biologist such that
no runoff will reach Prefumo Creek or Cerro San Luis
Channel.
All open trenches shall be constructed with appropriate
exit ramps to allow species that accidentally fall into a
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13
Mitigation Measure
Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
trench to escape. Trenches will remain open for the
shortest period necessary to complete required work.
Existing facilities and disturbed areas shall be used to
the extent possible to minimize the amount of
disturbance and all new access roads other than the
Froom Ranch Way Bridge shall be cited to avoid high
quality habitat and minimize habitat fragmentation.
In the event that construction must occur within the
creek or creek setback, a biological monitor shall be
present during all such activities with the authority to
stop or redirect work as needed to protect biological
resources.
BIO-1(b) Worker Environmental Awareness Program
Training. Prior to the initiation of construction activities
(including staging and mobilization), the applicant shall
ensure all personnel associated with project construction
attend a Worker Environmental Awareness Program
(WEAP) training.
The training shall be conducted by a qualified biologist,
to aid workers in recognizing special status resources
that may occur in the project area. The specifics of this
program shall include identification of the sensitive
species and habitats, a description of the regulatory
status and general ecological characteristics of
sensitive resources, and review of the limits of
construction and avoidance measures required to
reduce impacts to biological resources within the work
area. A fact sheet conveying this information shall also
be prepared for distribution to all contractors, their
employers, and other personnel involved with
construction of the project. All employees shall sign a
form provided by the trainer documenting they have
attended the WEAP and understand the information
presented to them.
WEAP training requirements
shall be included on project
plans and shall be submitted
for review and approval by
the City prior to the approval
of grading and construction
permits.
The Environmental Monitor shall
verify environmental compliance
of the construction personnel in
accordance with WEAP training
requirements.
Compliance Status:
Required in Specific Plan and
noted on Tract Map and
Grading Plans. Permitted
grading efforts comply. Future
compliance to be determined
through field verification on
future individual projects.
City of San Luis
Obispo approved
Environmental
Monitor.
1-20
4-20
7-20
11-20
10-21
Yes;
ongoing
with
individual
projects
BIO-1(c) Western Pond Turtle and Two-Striped Garter
Snake Impact Avoidance and Minimization. The applicant
shall ensure the following actions are implemented to avoid
and minimize potential impacts to western pond turtle and
two-striped garter snake (these reptiles utilize similar
habitats; therefore, implementation of the proposed
measures for western pond turtle are also suitable and
appropriate for two-striped garter snake):
Special status species
protection plans and surveys
shall be prepared by the
applicant and shall be
submitted to for review and
approval by the City prior to
the approval of grading and
construction permits. Any
required permits shall be
The Environmental Monitor shall
monitor environmental
compliance of the construction
activities throughout the
construction period or as
stipulated in the species- or
resource-specific mitigation
City of San Luis
Obispo approved
Environmental
Monitor.
1-20
4-20
9-24
Yes;
ongoing
with
individual
projects
Page 77 of 625
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14
Mitigation Measure
Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
A qualified biologist(s) shall conduct a pre-construction
survey within 24 hours prior to the onset of work
activities within and around areas that may serve as
potential western pond turtle habitat. If this species is
found and the individuals are likely to be injured or
killed by work activities, the approved biologist shall be
allowed sufficient time to move them from the project
site before work activities begin. The biologist(s) must
relocate the any western pond turtle the shortest
distance possible to a location that contains suitable
habitat that is not likely to be affected by activities
associated with the project.
Access routes, staging, and construction areas shall be
limited to the minimum area necessary to achieve the
project goal and minimize potential impacts to western
pond turtle habitat including locating access routes and
construction staging areas outside of wetlands and
riparian areas to the maximum extent practicable.
obtained from the state and
federal agencies prior to
issuance of grading permits.
measure and provide monitoring
reports to the City.
Compliance Status:
Required in Specific Plan and
noted on Tract Map and
Grading Plans. Permitted
grading efforts comply. 1- year
Annual monitoring report
submitted Sept 2024.
BIO-1(d) California Red-legged Frog, Western spadefoot,
and Coast Range Newt Impact Avoidance and
Minimization. The applicant shall implement the following to
avoid and minimize potential impacts to CRLF. Because
coast range newt and western spadefoot are amphibians
that utilize similar habitats to CRLF, implementation of the
following measures provided for CRLF shall be implemented
for these species as well.
Only USFWS-approved biologists shall participate in
activities associated with the capture, handling, and
monitoring of CRLF.
Ground disturbance shall not begin until written
approval is received from the USFWS that the biologist
is qualified to conduct the work. If the USFWS does not
authorize the relocation of CRLF occurring within the
project site, CRLF found within the project site shall be
avoided with a 100-foot buffer and no activities shall
occur within that buffer until the CRLF has left the
project site on its own.
Areas of the project site that lie within 100 feet upland
from riparian or jurisdictional areas shall be surrounded
by a solid temporary exclusion fence (such as silt
fencing) that shall extend at least three feet above the
ground and be buried into the ground at least 6 inches
to exclude CRLF from the project site. Plastic
Special status species
protection plans and surveys
shall be prepared by the
applicant and shall be
submitted for review and
approval by the City prior to
the approval of grading and
construction permits. Any
required permits shall be
obtained from the state and
federal agencies prior to
issuance of grading permits.
The Environmental Monitor shall
monitor environmental
compliance of the construction
activities throughout the
construction period or as
stipulated in the species- or
resource-specific mitigation
measure and provide monitoring
reports to the City.
Compliance Status:
Required in Specific Plan and
noted on Tract Map and
Grading Plans. Permitted
grading efforts comply. 1- year
Annual monitoring report
submitted Sept 2024.
City of San Luis
Obispo approved
Environmental
Monitor.
1-20
4-20
9-24
Yes;
ongoing
with
individual
projects
Page 78 of 625
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Mitigation Measure
Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
monofilament netting or other similar material will not
be used. The location of the fencing shall be
determined by a qualified biologist. The fence shall
remain in place throughout construction activities.
Installation of the exclusion fencing shall be monitored
by a qualified biologist to ensure that it is installed
correctly.
During new grading activities in habitats within 100 feet
upland from riparian or jurisdictional areas, a qualified
biologist shall be on-site to recover any spadefoot toads
that may be excavated/unearthed with native material
or found under vegetation. If the animals are in good
health, they shall be immediately relocated to a
designated release area. If they are injured, the animals
shall be turned over to an approved wildlife rehabilitator
until they are in a condition to be released into the
designated release area.
To ensure that diseases are not conveyed between
work sites by the approved biologist, the fieldwork code
of practice developed by the Declining Amphibian
Populations Task Force shall be followed at all times.
BIO-1(e) Steelhead Impact Avoidance and Minimization.
The applicant shall ensure the following actions are
undertaken to avoid and minimize potential impacts to
steelhead:
Before any activities begin on the project, a qualified
biologist will conduct a training session for all
construction personnel. At a minimum, the training will
include a description of the steelhead and its habitat,
the specific measures that are being implemented to
conserve this species for the project, and the
boundaries within which the project may be
accomplished. Brochures, books, and briefings may be
used in the training session, provided that a qualified
person is on hand to answer any questions.
During the duration of project activities, all trash that
may attract predators will be properly contained and
secured, promptly removed from the work site, and
disposed of regularly. Following construction, all trash
and construction debris will be removed from the work
areas.
All refueling, maintenance, and staging of equipment
and vehicles will occur at least 100 feet from riparian
Special status species
protection plans and surveys
shall be prepared by the
applicant and shall be
submitted to for review and
approval by the City prior to
the approval of grading and
construction permits. Any
required permits shall be
obtained from the state and
federal agencies prior to
issuance of grading permits.
The Environmental Monitor shall
monitor environmental
compliance of the construction
activities throughout the
construction period or as
stipulated in the species- or
resource-specific mitigation
measure and provide monitoring
reports to the City.
Compliance Status:
Required in Specific Plan and
noted on Tract Map and
Grading Plans. Permitted
grading efforts comply. 1- year
Annual monitoring report
submitted Sept 2024.
City of San Luis
Obispo approved
Environmental
Monitor.
1-20
4-20
9-24
Yes;
ongoing
with
individual
projects
Page 79 of 625
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Mitigation Measure
Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
habitat or bodies of water and in a location where a
potential spill would not drain directly toward aquatic
habitat (e.g., on a slope that drains away from the water
source). The monitor shall ensure that contamination of
suitable habitat does not occur during such operations.
Prior to the onset of work activities, a plan must be in
place for prompt and effective response to any
accidental spills. All workers shall be informed of the
importance of preventing spills and of the appropriate
measures to take should an accidental spill occur.
The number of access routes, size of staging areas,
and the total area used for construction activities shall
be limited to the minimum area necessary to achieve
the project goals.
The City will only permit work within the immediate
vicinity of Prefumo Creek for times of the year when
potential impacts to steelhead would be minimal. Work
shall be restricted during the wet season (October 15
through April 30) and should ideally occur during the
late summer and early fall during the driest portion of
the year; however, water may still be present during
construction. If work is proposed in the streambed and
water is present during construction, a diversion will be
required to dewater the work area and the following
avoidance and minimization measures will apply:
1. Upstream and downstream passage for fish,
including juvenile steelhead, shall be provided
through or around the construction site at all times
construction is occurring within the Prefumo Creek
streambed.
2. A qualified biologist shall conduct a pre-
construction survey and be present onsite during
the diversion installation and dewatering process
to capture and relocate any trapped steelhead
and/or other fish. Upon approval from the NMFS,
the biologist(s) must relocate these individuals the
shortest distance possible to a location that
contains suitable habitat that is not likely to be
affected by activities associated with the project.
3. Dewatering operations shall employ a five
millimeter mesh screen fastened to the intake
hose to exclude fish and other wildlife species
from the pump.
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Mitigation Measure
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and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
4. Steelhead shall be excluded from the construction
zone with block nets installed upstream and
downstream the of the bridge construction zone.
The distance upstream and downstream for block
net installation will depend on the type of
construction activities occurring in the streambed.
To control sedimentation during and after project
implementation, the following BMPs shall be
implemented. If the BMPs are somehow ineffective,
consultation with the City and appropriate resource
agencies will be undertaken, and all attempts to remedy
the situation will commence immediately.
1. It shall be the owner’s/contractor’s responsibility to
maintain control of the entire construction
operations and to keep the entire site in
compliance.
2. The owner/contractor shall be responsible for
monitoring erosion and sediment control measures
(including but not limited to fiber rolls, inlet
protections, silt fences, and gravel bags) prior,
during and after storm events, monitoring includes
maintaining a file documenting onsite inspections,
problems encountered, corrective actions, and
notes and a map of remedial implementation
measures.
3. Erosion shall be controlled by covering stockpiled
construction materials (i.e. soil, spoils, aggregate,
fly-ash, stucco, hydrated lime, etc.) over 2.0 cubic
yards that are not actively being used, consistent
with the applicable construction general permit, or
through other means of erosion control approved
by the City (e.g., surrounding with straw bales or
silt fencing). The site shall be maintained to
minimize sediment-laden runoff to any storm
drainage system including existing drainage
swales and/or sand watercourses.
a. Construction operations shall be carried
out in such a manner that erosion and
water pollution will be minimized.
b. State and local laws concerning pollution
abatement shall be complied with.
c. If grading operations are expected to denude
slopes, the slopes shall be protected with
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Mitigation Measure
Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
erosion control measures immediately
following grading on the slopes.
4. Specifically, in order to prevent sedimentation and
debris from entering Prefumo Creek during
construction, silt fencing shall be installed along
the top of the banks on the west side of the
channel prior to the onset of construction
activities.
The project biologist will monitor construction activities,
in stream habitat, and overall performance of BMPs
and sediment controls for the purpose of identifying and
reconciling any condition that could adversely affect
steelhead or their habitat. The biologist will halt work if
necessary and will recommend site-specific measures
to avoid adverse effects to steelhead and their habitat.
Equipment will be checked daily for leaks prior to the
initiation of construction activities. A spill kit will be
placed near the creek and will remain readily available
during construction in the event that any contaminant is
accidentally released.
In addition to these avoidance and minimization
measures, Mitigation Measure BIO-2(a) would also
ensure that potential temporary and permanent indirect
impacts to steelhead from the project are reduced as
much as practicable.
BIO-1(f) Great Blue Heron and Monarch Butterfly Impact
Avoidance and Minimization. The applicant shall ensure
the following actions are undertaken to avoid and minimize
potential impacts to overwintering monarch butterflies and
nesting great blue herons.
Tree trimming/removal and construction activities that
affect eucalyptus trees near or within the monarch
overwintering grove or active great blue heron nests
identified in the San Luis Ranch Monarch Trees
Inspection Memo, Results of 2015 and 2016 San Luis
Ranch Heron Rookery Surveys Memo, and San Luis
Ranch – Prefumo Creek Widening Biological
Constraints Memo prepared by Althouse and Meade
(Appendix F), shall not be conducted during the
monarch butterfly overwintering season from October 1
through March 31 if monarch butterflies are present, or
while great blue heron nests are active from February 1
to August 31. If construction activities must be
Special status species
protection plans and surveys
shall be prepared by the
applicant and shall be
submitted to for review and
approval by the City prior to
the approval of grading and
construction permits. Any
required permits shall be
obtained from the state and
federal agencies prior to
issuance of grading permits.
The Environmental Monitor shall
monitor environmental
compliance of the construction
activities throughout the
construction period or as
stipulated in the species- or
resource-specific mitigation
measure and provide monitoring
reports to the City.
Compliance Status:
Required in Specific Plan and
noted on Tract Map and
Grading Plans. Permitted
grading efforts comply.
Nesting bird and monarch
survey submitted for year 2020-
City of San Luis
Obispo approved
Environmental
Monitor.
1-20
4-20
2020
2021
9-24
1-year
Annual
report
submitted
9-2024;
ongoing
with
individual
projects
and
ongoing
monitoring
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Mitigation Measure
Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
conducted during these periods, a qualified biologist
shall conduct overwintering monarch surveys and/or
nesting great blue heron surveys within one week of
habitat disturbance. If surveys do not locate clustering
monarchs or nesting great blue herons, construction
activities may be conducted. If clustering monarchs
and/or nesting great blue herons are located, no
construction activities shall occur within 100 feet of the
edge of the overwintering grove and/or active nest(s)
until the qualified biologist determines that no more
monarchs are overwintering in the grove or the nest(s)
are no longer active.
A qualified biologist shall prepare and implement a
habitat enhancement plan prior to issuance of grading
permits to enhance and restore overwintering and
nesting habitat that is to be preserved. The habitat
enhancement plan shall include native shrubs and trees
such as Monterey Cypress (Hesperocyparis
macrocarpa) that may support heron roosting and
monarch butterfly overwintering. As eucalyptus trees
senesce, they shall be replaced with native species.
Native trees and shrubs shall also be used to
supplement gaps in canopy or act as windbreaks.
Create new offsite nesting habitat for great blue herons
to mitigate for removal of onsite nesting habitat. With a
qualified biologist present, the current rookery may be
moved to a suitable offsite location where the same
great blue herons can resume nesting, following
methods detailed in Crouch et al. (2002). It should be
noted that creating offsite nesting habitat for great blue
herons is experimental and that the relocation
techniques described in Crouch et al. (2002) were used
to relocate black-crowned night heron (Nycticorax
nycticorax). In addition, an agreement with the City will
be required prior to implementation of the offsite
strategy on their property. The methods detailed in
Crouch et al. (2002) include:
a. This entails at least one year of pre-construction
monitoring of the rookery, where the timing of
rookery activities will be noted: arrival of breeding
adults, egg laying, hatching, and fledging. During
this time, audio recordings of adults and juveniles
shall be made.
b. Following the completion of the nesting season in
late summer, a certified arborist specializing in the
2021. No reports in 2022 or
2023.
1- year Annual monitoring report
submitted Sept 2024.
Ongoing requirements per
habitat enhancement plan, tree
protection plan, and open space
easement. Annual reporting
needed to verify compliance.
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Agency or Party
Compliance Verification
Initial Date Compliance
translocation of trees will examine the mature
trees onsite and work with the City’s Natural
Resources Manager to determine whether or not it
is feasible to relocate the mature trees containing
nests across Madonna Road to a suitable location
at Laguna Lake Open Space.
c. Prior to the start of the next nesting season (based
on timing of adult arrival in previous years),
nesting adults will be recruited to the new location
via decoys and playback of vocalizations. The new
location will be monitored regularly by a qualified
biologist for the following three breeding seasons.
BIO-1(g) Nesting Birds Impact Avoidance and
Minimization. The applicant shall ensure the following
actions are undertaken to avoid and minimize potential
impacts to nesting birds:
For construction activities occurring during the nesting
season (generally February 1 to September 15),
surveys for nesting birds covered by the California Fish
and Game Code and the Migratory Bird Treaty Act shall
be conducted by a qualified biologist no more than 14
days prior to vegetation removal. The surveys shall
include the disturbance area plus a 500-foot buffer
around the site. If active nests are located, all
construction work shall be conducted outside a buffer
zone from the nest to be determined by the qualified
biologist. The buffer shall be a minimum of 50 feet for
non-raptor bird species and at least 300 feet for raptor
species. Larger buffers may be required depending
upon the status of the nest and the construction
activities occurring in the vicinity of the nest. The buffer
area(s) shall be closed to all construction personnel
and equipment until the adults and young are no longer
reliant on the nest site. A qualified biologist shall
confirm that breeding/nesting is completed and young
have fledged the nest prior to removal of the buffer.
If feasible, removal of vegetation within suitable nesting
bird habitats will be scheduled to occur in the fall and
winter (between September 1 and February 14), after
fledging and before the initiation of the nesting season.
Special status species
protection plans and surveys
shall be prepared by the
applicant and shall be
submitted to for review and
approval by the City prior to
the approval of grading and
construction permits. Any
required permits shall be
obtained from the state and
federal agencies prior to
issuance of grading permits.
The Environmental Monitor shall
monitor environmental
compliance of the construction
activities throughout the
construction period or as
stipulated in the species- or
resource-specific mitigation
measure and provide monitoring
reports to the City.
Compliance Status:
Required in Specific Plan and
noted on Tract Map and
Grading Plans. Permitted
grading efforts comply.
Nesting bird survey submitted
for year 2020-2021. No reports
in 2022 or 2023.
1- year Annual monitoring report
submitted Sept 2024.
Ongoing requirements per
habitat enhancement plan, tree
protection plan, and open space
easement. Annual reporting
needed to verify compliance.
City of San Luis
Obispo approved
Environmental
Monitor.
1-20
4-20
2020
2021
9-24
1-year
Annual
report
submitted
9-2024;
ongoing
with
individual
projects
and
ongoing
monitoring
BIO-1(h) Roosting Bats Impact Avoidance and
Minimization. The applicant shall ensure the following
Special status species
protection plans and surveys
shall be prepared by the
The Environmental Monitor shall
monitor environmental
compliance of the construction
City of San Luis
Obispo approved
1-20
4-20
Yes;
ongoing
with
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Agency or Party
Compliance Verification
Initial Date Compliance
actions are undertaken to avoid and minimize potential
impacts to roosting bats:
Prior to issuance of grading permits, a qualified biologist
shall conduct a survey of existing structures within the
project site to determine if roosting bats are present.
The survey shall be conducted during the non-breeding
season (November through March). The biologist shall
have access to all interior attics, as needed. If a colony
of bats is found roosting in any structure, further
surveys shall be conducted sufficient to determine the
species present and the type of roost (day, night,
maternity, etc.) If the bats are not part of an active
maternity colony, passive exclusion measures may be
implemented in close coordination with CDFW. These
exclusion measures must include one-way valves that
allow bats to exit the structure but are designed so that
the bats may not re-enter the structure.
If a bat colony is excluded from the project site,
appropriate alternate bat habitat as determined by a
qualified biologist shall be installed on the project site or
at an approved location offsite.
Prior to removal of any trees over 20 inches diameter-
at-breast-height (DBH), a survey shall be conducted by
a qualified biologist to determine if any of the trees
proposed for removal or trimming harbor sensitive bat
species or maternal bat colonies. If a non-maternal
roost is found, the qualified biologist, in close
coordination with CDFW shall install one-way valves or
other appropriate passive relocation method. For each
occupied roost removed, one bat box shall be installed
in similar habitat and should have similar cavity or
crevices properties to those which are removed,
including access, ventilation, dimensions, height above
ground, and thermal conditions. Maternal bat colonies
may not be disturbed.
applicant and shall be
submitted to for review and
approval by the City prior to
the approval of grading and
construction permits. Any
required permits shall be
obtained from the state and
federal agencies prior to
issuance of grading permits.
activities throughout the
construction period or as
stipulated in the species- or
resource-specific mitigation
measure and provide monitoring
reports to the City.
Compliance Status:
Required in Specific Plan and
noted on Tract Map and
Grading Plans. Permitted
grading efforts comply.
1- year Annual monitoring report
submitted Sept 2024.
Ongoing requirements per
habitat enhancement plan, tree
protection plan, and open space
easement. Annual reporting
needed to verify compliance.
Environmental
Monitor.
9-24
individual
projects
BIO-2(a) Habitat Mitigation and Monitoring Plan. A
Habitat Mitigation and Monitoring Plan (HMMP) shall be
prepared which will provide a minimum 2:1 ratio (replaced:
removed) for temporary and permanent impacts to riparian
habitat. The HMMP will identify the specific mitigation sites
and it will be implemented immediately following project
completion. The HMMP shall include, at a minimum, the
following components:
The HMMP required by
Mitigation Measure BIO-2(a)
shall specify the location,
timing, species composition,
and maintenance of all
restored, enhanced, and
newly established riparian and
wetland areas, and tree
replacement. The applicant
The City shall review and
approve the HMMP (and
associated tree replacement
requirements) for compliance
prior to issuance of grading
permits and the onset of
construction for each phase, as
well as the onset of construction
of the Froom Ranch Way Bridge
City of San Luis
Obispo Natural
Resources
Manager; City of
San Luis Obispo
Community
Development
Department.
1-19
9-24
HMMP
prepared
2019;
1-ear
Annual
report
submitted
9-2024
Ongoing
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Agency or Party
Compliance Verification
Initial Date Compliance
Description of the project/impact site (i.e. location,
responsible parties, areas to be impacted by habitat
type);
Goal(s) of the compensatory mitigation project [type(s)
and area(s) of habitat to be established, restored,
enhanced, and/or preserved; specific functions and
values of habitat type(s) to be established, restored,
enhanced, and/or preserved];
Description of the proposed compensatory mitigation
site (location and size, ownership status, existing
functions and values of the compensatory mitigation
site);
Implementation plan for the compensatory mitigation
site (rationale for expecting implementation success,
responsible parties, schedule, site preparation, planting
plan [including plant species to be used, container
sizes, seeding rates, etc.]);
Maintenance activities during the monitoring period,
including weed removal and irrigation as appropriate
(activities, responsible parties, schedule);
Monitoring plan for the compensatory mitigation site,
including no less than quarterly monitoring for the first
year (performance standards, target functions and
values, target acreages to be established, restored,
enhanced, and/or preserved, annual monitoring
reports);
Success criteria based on the goals and measurable
objectives; said criteria to be, at a minimum, at least 80
percent survival of container plants and 80 percent
relative cover by vegetation type;
An adaptive management program and remedial
measures to address negative impacts to restoration
efforts;
Notification of completion of compensatory mitigation
and agency confirmation; and
Contingency measures (initiating procedures,
alternative locations for contingency compensatory
mitigation, funding mechanism).
shall submit the HMMP to the
City for approval prior to
recordation of the VTTM, and
shall update and resubmit to
the City prior to each phase of
construction.
crossing. The applicant shall
submit annual documentation to
the City and appropriate
agencies demonstrating
compliance with HMMP
requirements. The City shall
review and approve the final
Froom Ranch Way Bridge
crossing design for compliance
prior to issuance of grading
permits. Replacement plants
shall be monitored by a qualified
biologist for 5 years with a goal
of at least 70 percent survival at
the end of the 5-year period.
Supplemental irrigation may be
provided during years 1 to 3;
however, supplemental watering
shall not be provided during the
final two years of monitoring.
Compliance Status:
Required in Specific Plan and
noted on Tract Map and
Grading Plans. Permitted
grading efforts comply.
HMMP prepared by developer
and verified by City staff.
Nesting bird survey submitted
for year 2020-2021. No reports
in 2022 or 2023.
1- year Annual monitoring report
submitted Sept 2024.
Ongoing requirements per
habitat enhancement plan, tree
protection plan, and open space
easement. Annual reporting
needed to verify compliance.
annual
reports
required to
comply
BIO-2(b) Tree Replacement. Riparian trees four inches or
greater measured at diameter-at-breast-height (DBH) shall
Tree and vegetation
replacement shall occur within
The City shall review and
approve the tree replacement
City of San Luis
Obispo Natural
9-24 Ongoing
for 3
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Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
be replaced in-kind at a minimum ratio of 3:1 (replaced:
removed). Trees 24 inches or greater inches DBH shall be
replaced in-kind at a minimum ratio of 10:1. Willows and
cottonwoods may be planted from live stakes following
guidelines provided in the California Salmonid Stream
Habitat Restoration Manual for planting dormant cuttings
and container stock (CDFW 2010).
Tree replacement shall be conducted in accordance
with a Natural Habitat Restoration and Enhancement
Plan to be approved by the City’s Natural Resource
Manager.
The Natural Habitat Restoration and Enhancement Plan
shall prioritize the planting of replacement trees on-site
where feasible, but shall allow that replacement trees
may be planted off-site with approval of the City’s
Natural Resource Manager.
Replacement trees may be planted in the fall or winter
of the year in which trees were removed. All
replacement trees will be planted no more than one
year following the date upon which the native trees
were removed.
the same construction phase
as tree and vegetation
removal.
requirements for compliance
prior to issuance of grading
permits and the onset of
construction for each phase.
Replacement plants shall be
monitored by a qualified
biologist for 5 years with a goal
of at least 70 percent survival at
the end of the 5-year period.
Supplemental irrigation may be
provided during years 1 to 3;
however, supplemental watering
shall not be provided during the
final two years of monitoring.
Compliance Status:
Required in Specific Plan and
noted on Tract Map and
Grading Plans. Periodic onsite
monitoring needed during
grading and construction
activities; long-term compliance
with annual inspections for 3
years.
Year 1 Annual monitoring
report submitted September
2024.
Resources
Manager; City of
San Luis Obispo
Community
Development
Department.
years
from
onset of
tree
planting
for
individual
projects;
need
additional
annual
reports to
comply
BIO-2(c) Froom Ranch Way Bridge Design to Avoid
Riparian Areas. The Froom Ranch Way Bridge crossing
footings shall be placed outside mapped riparian areas. The
placement of the bridge and footings shall be indicated on
the Development Plan, VTTM, and HMMP, and shall show
the bridge’s placement in relation to existing vegetation and
the bed and bank of Prefumo Creek.
Tree and vegetation removal
associated with the
construction of the Froom
Ranch Way Bridge crossing
shall be replaced during or
immediately subsequent to
completion of that project
component.
The City shall review and
approve the HMMP for
compliance prior to issuance of
grading permits and the onset of
construction for each phase, as
well as the onset of construction
of the Froom Ranch Way Bridge
crossing. The applicant shall
submit annual documentation to
the City and appropriate
agencies demonstrating
compliance with HMMP
requirements. The City shall
review and approve the final
Froom Ranch Way Bridge
crossing design for compliance
prior to issuance of grading
City of San Luis
Obispo Natural
Resources
Manager; City of
San Luis Obispo
Community
Development
Department.
9-24 Ongoing
for 5
years
starting
with
bridge
activities;
need
additional
annual
reports to
comply
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Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
permits. Replacement plants
shall be monitored by a qualified
biologist for 5 years with a goal
of at least 70 percent survival at
the end of the 5-year period.
Supplemental irrigation may be
provided during years 1 to 3;
however, supplemental watering
shall not be provided during the
final two years of monitoring.
Compliance Status:
Required in Specific Plan and
noted on Tract Map and
Grading Plans. Periodic onsite
monitoring needed during
bridge construction activities;
long-term compliance for 5
years.
Year 1 Annual monitoring
report submitted September
2024.
Cultural Resources
CR-1(a) Historical Structure Relocation and
Reconstruction Plan. In order to implement Specific Plan
Policy 2.5, a relocation and reconstruction plan for the
former spectator’s barn/viewing stand, main residence, and
main barn shall be developed by a qualified historic
architect. The plan shall include a structural/architectural
report documenting existing integrity and conditions and
include detailed treatment methods and measures to ensure
that historic integrity is retained and that all identified
character defining features will be preserved.
The project applicant shall
prepare the relocation and
reconstruction plan for the
main residence and the
spectators’ barn/viewing
stand to the satisfaction of the
Community Development
Director prior to the issuance
of project grading permits.
Project grading plans shall
detail phasing and include
sufficient detail to
demonstrate the sequencing
and completion of the
relocation and reconstruction
plan.
The City shall confirm
completion of and approve the
relocation and reconstruction
plan and archival
documentation. The City shall
also review applicable plans for
compliance with
recommendations of the
relocation and reconstruction
plan and periodically inspect
the site to ensure compliance.
Compliance Status:
Plan verified by city staff, and
relocation is completed.
Reconstruction completed
2024. Historic resources report
City of San Luis
Obispo
Community
Development
Director.
11-19
5-24
Yes -
reconstru
ction
complete.
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Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
submitted May 2024 to verify
completion. Bonds released
May 2024.
CR-1(b) Archival Documentation of Historic Buildings.
The applicant shall provide archival documentation of the
San Luis Ranch Complex in as-built and as-found condition
in the form of an Historic American Building Survey (HABS)
Level II documentation. The documentation shall comply
with the Secretary of the Interior’s Standards for
Architectural and Engineering Documentation (NPS 1990),
and shall include large-format photographic recordation,
detailed historic narrative report, and compilation of historic
research. The documentation shall be completed by a
qualified architectural historian or historian who meets the
Secretary of the Interior’s Professional Qualification
Standards for History and/or Architectural History (NPS
1983). The original archival-quality documentation shall be
offered as donated material to the History Center of San Luis
Obispo County. Archival copies of the documentation shall
also be submitted to the San Luis Obispo County Library.
The applicant shall complete
archival documentation of the
San Luis Ranch Complex
prior to the removal,
relocation, reconstruction,
and/or demolition of the
structures on the project site
to the satisfaction of the
Community Development
Director.
The City shall confirm
completion of and approve the
archival documentation. The
City shall confirm submittal of
the documentation to the
History Center of San Luis
Obispo County and the San
Luis Obispo County Library.
Compliance Status:
City staff confirmed archival
documentation. Reports
submitted by Cultural
Resources consultant.
City of San Luis
Obispo
Community
Development
Director.
11-19
5-24
Yes
CR-1(c) Informational Display of Historic Resources. A
retrospective interpretive display detailing the history of the
San Luis Ranch Complex and the project site, its
significance, and its important details and features shall be
developed by the applicant. The information should be
incorporated into a publicly-accessed building on the project
site, such as the proposed Agricultural Heritage Facilities
and Learning Center, or a publicly-accessed outdoor
location. The display shall include images and details from
the HABS documentation described in Mitigation Measure
CR-1(b) and any collected research pertaining to the historic
property. The content shall be prepared by a qualified
architectural historian or historian who meets the Secretary
of the Interior’s Professional Qualification Standards for
History and/or Architectural History (NPS 1983).
The applicant shall develop
and install an informational
display of the site’s identified
historical resources prior to
opening of the Agricultural
Heritage Facilities and
Learning Center to the public.
The information display shall
be prepared in accordance with
recommendations of a qualified
historic consultant and shall be
approved by the Community
Development Director.
Compliance Status:
Displays installed May 2024.
Reviewed by Cultural
Resources consultant.
City of San Luis
Obispo
Community
Development
Director.
5-24 Yes -
complete
CR-2(a) Retain a Qualified Principal Investigator. In
accordance with Conservation and Open Space Policies
3.5.6 and 3.5.7, a qualified principal investigator, defined as
an archaeologist who meets the Secretary of the Interior’s
Standards for professional archaeology (hereafter qualified
archaeologist), shall be retained to carry out all mitigation
measures related to archaeological resources.
The project applicant shall
retain a qualified principal
investigator prior to the
issuance of grading permits.
The City shall confirm the
qualifications of and approve
the applicant’s choice of a
qualified principal investigator.
Compliance Status:
City of San Luis
Obispo
Community
Development
Department.
11-19
4-20
7-20
11-20
10-21
Yes;
ongoing
with
individual
projects
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Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
Monitoring shall involve inspection of subsurface
construction disturbance at or in the immediate vicinity of
known sites, or at locations that may harbor buried
resources that were not identified on the site surface. A
Native American monitor shall also be present because the
area is a culturally sensitive location. The monitor(s) shall be
on-site on a full-time basis during earthmoving activities,
including grading, trenching, vegetation removal, or other
excavation activities.
Required in Specific Plan and
noted on Tract Map and
Grading Plans. Monitor hired
and in place.
CR-2(b) Unanticipated Discovery of Archaeological
Resources. In the event that archaeological resources are
exposed during construction, all work shall be halted in the
vicinity of the archaeological discovery until a qualified
archaeologist can visit the site of discovery and assess the
significance of the cultural resource. In the event that any
artifact or an unusual amount of bone or shell is encountered
during construction, work shall be immediately stopped and
relocated to another area. The lead agency shall stop
construction within 100 feet of the exposed resource until a
qualified archaeologist/paleontologist can evaluate the find
(see 36 CFR 800.11.1 and CCR, Title 14, Section
15064.5[f]). Examples of such cultural materials might
include: ground stone tools such as mortars, bowls, pestles,
and manos; chipped stone tools such as projectile points or
choppers; flakes of stone not consistent with the immediate
geology such as obsidian or fused shale; historic trash pits
containing bottles and/or ceramics; or structural remains. If
the resources are found to be significant, they must be
avoided or will be mitigated consistent with State Historic
Preservation Office (SHPO) Guidelines.
The project applicant shall
retain a qualified Native
American monitor prior to the
issuance of grading permits.
The requirement that
construction work be stopped
in the event of discovery of
archaeological resources
shall be included on
construction plans prior to the
issuance of grading permits.
The City shall confirm the
qualifications of and approve
the applicant’s choice of a
qualified Native American
monitor. The City shall also
inspect the site periodically
during grading and demolition
to ensure compliance with this
measure. The City shall review
construction plans and
periodically inspect project
construction to ensure
compliance with this measure.
Compliance Status:
Required in Specific Plan and
noted on Tract Map and
Grading Plans. Ongoing
monitoring in place; no
unanticipated resources yet
discovered. Ongoing.
City of San Luis
Obispo
Community
Development
Department.
2019 Yes;
ongoing
with
individual
projects
Geology and Soils
GEO-1 Earthquake and Ground Acceleration Design and
Construction Measures. Design and construction of the
buildings, roadway infrastructure and all subgrades shall be
specifically proportioned to resist Design Earthquake Ground
Motions (Design amax) of SD1=0.481 and SDS=0.832 and
engineered to withstand Maximum Considered Earthquake
(MCE) peak ground acceleration (PGAM) equal to 0.519 g,
as described in the Soils Engineering Report for the project
(GeoSolutions, Inc., 2015). The design should take into
consideration the soil type, potential for liquefaction, and the
These requirements shall be
incorporated into project
design plans submitted for
approval before the issuance
of grading and building
permits.
The Community Development
Department shall verify
compliance prior to issuance of
grading permits. The
Community Development
Department shall site inspect to
ensure development is in
accordance with approved
City of San Luis
Obispo
Community
Development
Department.
2019 Yes;
included
on map
approval;
ongoing
with
individual
projects
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Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
most current and applicable seismic attenuation methods
that are available.
plans prior to occupancy
clearance.
Compliance Status:
Noted on Tract Map and grading
plans. City Engineering to
verify prior to building permits
on each individual project.
GEO-2 Operational Seismic Safety Requirement. For
retail stores included in the project, goods for sale may be
stacked no higher than 8 feet from the floor in any area
where customers are present, unless provisions are made to
prevent the goods from falling during an earthquake of up to
7.5 magnitude. The stacking or restraint methods shall be
reviewed and approved by the City before approval of
occupancy permits, and shall be a standing condition of
occupancy.
These requirements shall be
incorporated into project site
plans submitted for approval
before the approval of final
development plan.
The Community Development
Department shall site inspect to
ensure development is in
accordance with approved
plans prior to occupancy
clearance.
Compliance Status:
Noted on Tract Map and grading
plans. City Engineering to
verify prior to occupancy
clearance on individual
projects.
City of San Luis
Obispo
Community
Development
Department.
2019 Yes;
included
on map
approval;
ongoing
with
individual
projects
GEO-3 Geotechnical Design. The project plans and
specifications shall include the geotechnical
recommendations included in the Soils Engineering Report,
prepared by GeoSolutions, Inc. on May 29, 2015.
Recommendations therein that shall be incorporated into the
final project building plans include specification for the
following components of development preparation and
design:
Building Pad Preparation
Paved Areas Preparation
Pavement Design
Interlocking Concrete Pavers
Conventional Foundations
Post-Tensioned Slabs
Slab-On-Grade Construction
Retaining Walls
Exterior Concrete Flatwork
These requirements shall be
incorporated into project site
plans submitted for approval
before the issuance of grading
and building permits.
The Community Development
Department shall verify
compliance prior to issuance of
grading permits. The
Community Development
Department shall site inspect to
ensure development is in
accordance with approved
plans prior to occupancy
clearance. Community
Development staff shall verify
installation in accordance with
approved building plans.
Compliance Status:
Noted on Tract Map and grading
plans. City Engineering to
verify prior to occupancy
clearance on individual
projects.
City of San Luis
Obispo
Community
Development
Department.
2019 Yes;
included
on map
approval;
ongoing
with
individual
projects
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Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
Hazards and Hazardous Materials
HAZ-4 Soil Sampling and Remediation. Prior to issuance
of any grading permits, a contaminated soil assessment
shall be completed in the portions of land to be graded for
development. Soil samples shall be collected under the
supervision of a professional geologist or environmental
professional to determine the presence or absence of
contaminated soil in these areas. The sampling density shall
be in accordance with guidance from San Luis Obispo
County Environmental Health Services, so as to define the
volume of soil that may require remediation. Laboratory
analysis of soil samples shall be analyzed for the presence
of organochlorine pesticides, in accordance with EPA Test
Method SW8081A, and heavy metals in accordance with
EPA Test Methods 6010B and 7471A. If soil sampling
indicates the presence of pesticides or heavy metals
exceeding applicable environmental screening levels, the
soil assessment shall identify the volume of contaminated
soil to be excavated.
If concentrations of contaminants exceed EPA action levels
and therefore warrant remediation, contaminated materials
shall be remediated either prior to concurrent with
construction and an Environmental Site Assessment (ESA)
shall be prepared. Cleanup may include excavation,
disposal, bio-remediation, or any other treatment of
conditions subject to regulatory action. All necessary reports,
regulations and permits shall be followed to achieve cleanup
of the site. The contaminated materials shall be remediated
under the supervision of an environmental consultant
licensed to oversee such remediation and under the
direction of the lead oversight agency. The remediation
program shall also be approved by a regulatory oversight
agency, such as the San Luis Obispo County Environmental
Health Services, the Regional Water Quality Control Board
(RWQCB), or DTSC. All proper waste handling and disposal
procedures shall be followed. Upon completion of the
remediation, the environmental consultant shall prepare a
report summarizing the project, the remediation approach
implemented, and the analytical results after completion of
the remediation, including all waste disposal or treatment
manifests.
The contaminated soils
assessment and remediation
program, if necessary, shall
be submitted and approved
by the City’s Community
Development Department and
applicable regulatory
oversight agency prior to the
issuance of project grading
permits.
As applicable, the Community
Development Department shall
ensure implementation of a
remediation program according
to the measures included
therein and as approved by a
regulatory oversight agency.
Compliance Status:
Noted on Tract Map and grading
plans. Soil sampling is ongoing
consistent with health and safety
Plan.
City of San Luis
Obispo
Community
Development
Department.
11-19
4-20
7-20
11-20
10-21
Yes;
ongoing
with
individual
projects
HAZ-6 HAZ-6 Naturally Occurring Asbestos Exposure
Avoidance and Minimization:
The measures to avoid and
minimize exposure to NOA
As applicable, the Community
Development Department shall
City of San Luis
Obispo
11-19
4-20
Yes;
ongoing
Page 92 of 625
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29
Mitigation Measure
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and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
a. Prior to earthwork activities, a site-specific health and
safety plan shall be developed per California
Occupational Safety and Health Administration
(CalOSHA) requirements. The plan shall include
appropriate health and safety measures if NOA is
detected in soil or bedrock beneath the project site. All
construction workers that have the potential to come
into contact with contaminated soil/bedrock and
groundwater shall be knowledgeable of the
requirements in the health and safety plan, which
includes proper training and personal protective
equipment. The health and safety plan shall prescribe
appropriate respiratory protection for construction
workers.
b. Prior to beginning construction, a soil and bedrock
analysis for asbestos using polarized light microscopy
and transmission electron microscopy by a qualified
laboratory shall be conducted. Samples of soil shall be
collected from multiple locations across the site, and
bedrock samples shall be collected from locations
where excavation into bedrock is anticipated. If NOA is
detected, appropriate regulations pertaining to
excavation, removal, transportation, and disposal of
NOA shall be followed. The sampling strategy shall
take into account the locations of potential source
areas, and the anticipated lateral and vertical
distribution of contaminants in soil and/or groundwater.
The results of the investigation shall be documented in
a report that is signed by a California Professional
Geologist. The report shall include recommendations
based upon the findings for additional
investigation/remediation if contaminants are detected
above applicable screening levels (e.g., excavate and
dispose, groundwater and/or soil vapor extraction, or in
situ bioremediation).
c. During earthwork activities, appropriate procedures
shall be incorporated in the event that NOA is detected
in soil or bedrock beneath the project site. These
procedures shall be followed to eliminate or minimize
construction worker or general public exposure to
potential contaminants in soil. Procedures shall include
efforts to control fugitive dust, contain and cover
excavation debris piles, appropriate laboratory analysis
of soil for waste characterization, and segregation of
contaminated soil from uncontaminated soil. The
shall be included on project
grading and building plans,
and submitted to and
approved by the City’s
Community Development
Department and, as
applicable, California
Professional Geologist prior to
the issuance of project
grading and building permits.
ensure implementation of
avoidance and minimization
measures included therein and
as approved by a California
Professional Geologist.
Compliance Status:
Noted on Tract Map and grading
plans. Health and Safety Plan
submitted and accepted by
City.
Community
Development
Department.
7-20
11-20
10-21
with
individual
projects
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30
Mitigation Measure
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and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
applicable regulations associated with excavation,
removal, transportation, and disposal of contaminated
soil shall be followed (e.g., tarping of trucks and waste
manifesting). These procedures may be subject to San
Luis Obispo APCD requirements under the California
ARB ATCM for Construction, Grading, Quarrying, and
Surface Mining Operations.
Hydrology and Water Quality
HWQ-1(a) Stormwater Pollution Prevention Plan. All
required actions shall be implemented pursuant to a SWPPP
and SWMP to be prepared by the project applicant and
submitted by the City to the Regional Water Quality Control
Board under the NPDES Phase II program. At a minimum,
the SWPPP/SWMP shall including the following BMPs:
The use of sandbags, straw bales, and temporary de-
silting basins during project grading and construction
during the rainy season to prevent discharge of
sediment-laden runoff into stormwater facilities;
Revegetation as soon as practicable after completion of
grading to reduce sediment transport during storms;
Installation of straw bales, wattles, or silt fencing at the
base of bare slopes before the onset of the rainy
season (October 15th through April 15th);
Installation of straw bales, wattles, or silt fencing at the
project perimeter and in front of storm drains before the
onset of the rainy season (October 15th through April
15th); and/or
Alternative BMPs as approved by the RWQCB as part
of the SWPPP submittal.
The project applicant shall
prepare a SWPPP and SWMP
that identifies construction-
related staging and
maintenance areas, and at a
minimum, the BMPs identified
in Mitigation Measure HWQ-
1(a). The SWPPP and notices
shall be submitted for review
and approval by the City prior
to the initiation of construction.
The SWPPP/SWMP shall be
designed to address erosion
and sediment control during all
phases of development of the
site until all disturbed areas are
permanently stabilized.
The City shall ensure
compliance with the SWPPP. A
Geotechnical Engineer or an
Engineering Geologist shall be
made available to monitor
technical aspects of the grading
activities, including installation of
the drainage outlets and
associated headwalls and
aprons. The City shall also
inspect the site during grading to
monitor runoff and after
conclusion of grading activities.
Compliance Status:
Noted on Tract Map and grading
plans. SWPPP was submitted
prior to issuance of grading
permits.
City of San Luis
Obispo
Community
Development
Department.
1-20
4-20
7-20
11-20
10-21
Yes;
ongoing
with
individual
projects
HWQ-1(b) Berms and Basins. As specified in the SWPPP,
the applicant shall be required to manage and control runoff
by constructing temporary berms, sediment basins, runoff
diversions, or alternative BMP’s as approved by the RWQCB
as part of the SWPPP submittal, in order to avoid
unnecessary siltation into local streams during construction
activities where grading and construction shall occur in the
vicinity of such streams.
Berms and basins shall be constructed when grading
commences and be periodically inspected and
maintained. The project applicant shall sufficiently
The applicant shall include
required berms and basins on
project design plans which
must be reviewed and
approved by the City prior to
the approval of the VTTM.
The City shall ensure
compliance with runoff control
requirements. A Geotechnical
Engineer or an Engineering
Geologist shall be made
available to monitor technical
aspects of the grading activities,
including installation of the
berms and basins. The City
shall also inspect the site during
grading to monitor runoff and
City of San Luis
Obispo
Community
Development
Department.
1-20
4-20
7-20
11-20
10-21
Yes;
ongoing
with
individual
projects
Page 94 of 625
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31
Mitigation Measure
Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
document, to the CCRWQCB satisfaction, the proper
installation of such berms and basins during grading.
after conclusion of grading
activities.
Compliance Status:
Noted on Tract Map and grading
plans. SWPPP was submitted
prior to issuance of grading
permits.
HWQ-1(c) Concept Grading Plan and Master Drainage
Plan. As specified in the SWPPP and the City’s Floodplain
Management Regulations, the applicant shall be required to
submit a Grading Plan and Master Drainage Plan to the
Planning Division and City Public Works Director for
approval prior to approval of the VTTM. The grading and
drainage plans shall be designed to minimize erosion and
water quality impacts, to the extent feasible, and shall be
consistent with the project’s SWPPP. The plans shall include
the following:
a. Graded areas shall be revegetated with deep-rooted,
native, non-invasive drought tolerant species to
minimize slope failure and erosion potential. Geotextile
fabrics shall be used if necessary to hold slope soils
until vegetation is established;
b. Temporary storage of construction equipment shall be
limited to a minimum of 100 feet away from drainages
on the project site; and
c. Erosion control structures shall be installed.
d. Demonstrate peak flows and runoff for each phase of
construction.
e. Be coordinated with habitat restoration efforts, including
measures to minimize removal of riparian and wetland
habitats and trees (Mitigation Measures BIO-2[a] and
BIO-2[b]).
f. Grading and drainage plans shall be submitted for
review and approval by the Planning Division. The
applicant shall ensure installation of erosion control
structures prior to beginning of construction of any
structures, subject to review and approval by the City.
The project applicant shall
prepare a Grading Plan and
Master Drainage Plan. The
Grading Plan and Master
Drainage Plan shall be
submitted for review and
approval by the City prior to
the approval of the VTTM. The
grading and drainage plans
shall be designed to minimize
erosion and water quality
impacts, to the extent
feasible, and shall be
consistent with the project’s
SWPPP.
The City shall ensure
compliance with the grading and
drainage plans. A Geotechnical
Engineer or an Engineering
Geologist shall be made
available to monitor technical
aspects of the grading activities,
including installation of the
drainage outlets and associated
headwalls and aprons. The City
shall also inspect the site during
grading to monitor runoff and
after conclusion of grading
activities.
Compliance Status:
Noted on Tract Map and grading
plans. Master Drainage Report
was part of the plan review
process and was submitted
and approved prior to approval
of the Onsite and Offsite
Improvement Plans.
City of San Luis
Obispo
Community
Development
Department.
1-20
4-20
7-20
11-20
10-21
Yes;
ongoing
with
individual
projects
HWQ-3(a) Stormwater Quality Treatment Controls. BMP
devices shall be incorporated into the stormwater quality
BMP devices shall be
incorporated into the
The applicant shall demonstrate
inclusion of BMPs within the
City of San Luis
Obispo
1-20
4-20
Yes;
ongoing
Page 95 of 625
San Luis Ranch Project EIR
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32
Mitigation Measure
Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
system depicted in the Master Drainage Plan (refer to
Mitigation Measure HWQ-1[c]). The final design of the
stormwater quality system shall be reviewed and approved
by the City.
The Master Drainage Plan shall contain the following
relevant BMPs:
Vegetated bioswales to reduce sediment and
particulate forms of metals and other pollutants along
corridors of planted grasses.
Vegetated buffer strips to reduce sediment and
particulate forms of metals and nutrients.
stormwater quality system
depicted in the Master
Drainage Plan (refer to
Mitigation Measure HWQ-
1[c]). The final design of the
stormwater quality system
shall be reviewed and
approved by the City.
VTTM, Utilities Plan, and Master
Drainage Plan, which shall be
submitted for review and
approval by the City prior to
Development Plan approval and
VTTM recordation.
Compliance Status:
Noted on Tract Map and grading
plans. Stormwater BMP
Maintenance Manual, referred
to as an Operation and
Maintenance (O&M) Manual,
was submitted and approved
as part of the Public
Improvement Plan review
process. It is anticipated that
O&M Manual may need to be
updated if any field changes
occur.
Community
Development
Department and
Public Works
Department.
7-20
11-20
10-21
with
individual
projects
HWQ-3(b) Stormwater BMP Maintenance Manual. The
project applicant shall prepare a development maintenance
manual for the stormwater quality system BMPs (refer to
Mitigation Measure HWQ-3[a]). The maintenance manual
shall include detailed procedures for maintenance and
operations of all stormwater facilities to ensure long-term
operation and maintenance of post-construction stormwater
controls. The maintenance manual shall require that
stormwater BMP devices be inspected, cleaned, and
maintained in accordance with the manufacturer’s
maintenance specifications. The manual shall require that
devices be cleaned prior to the onset of the rainy season
(i.e., October 15th) and immediately after the end of the
rainy season (i.e., May 15th). The manual shall also require
that all devices be checked after major storm events.
The project applicant shall
prepare a development
maintenance manual for the
stormwater quality system
BMPs according to the
specifications in this
measure.
The maintenance manual shall
be submitted for review and
approval by the City prior to
Development Plan approval and
VTTM recordation.
Compliance Status:
Noted on Tract Map and grading
plans. Stormwater BMP
Maintenance Manual, referred
to as an Operation and
Maintenance (O&M) Manual,
was submitted and approved
as part of the Public
Improvement Plan review
process. It is anticipated that
O&M Manual may need to be
updated if any field changes
occur.
City of San Luis
Obispo
Community
Development
Department and
Public Works
Department.
1-20
4-20
7-20
11-20
10-21
Yes;
ongoing
with
individual
projects
HWQ-3(c) Stormwater BMP Semi-Annual Maintenance
Report. The property manager(s) or acceptable
The property manager(s) or
acceptable maintenance
The maintenance reports shall
be submitted for review and
City of San Luis
Obispo
2019 Yes;
included
Page 96 of 625
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Mitigation Measure
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and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
maintenance organization shall submit to the City of San
Luis Obispo Public Works Department a detailed report
prepared by a licensed Civil Engineer addressing the
condition of all private stormwater facilities, BMPs, and any
necessary maintenance activities on a semi-annual basis
(October 15th and May 15th of each year). The requirement
for maintenance and report submittal shall be recorded
against the property.
organization shall submit to
the City of San Luis Obispo
Public Works Department a
detailed report prepared by a
licensed Civil Engineer
addressing the condition of all
private stormwater facilities,
BMPs, and any necessary
maintenance activities on a
semi-annual basis (October
15th and May 15th of each
year)
approval by the City on a semi-
annual basis and shall be
included with the VTTM
recordation.
Compliance Status:
Noted on Tract Map and grading
plans. The requirement for
semi-annual reporting will start
after the completion of
installation of BMPs.
Community
Development
Department and
Public Works
Department.
on map
approvals
To be
verified
as
required
HWQ-4 Conditional Letter of Map Revision/Letter of Map
Revision. The applicant, in conjunction with the City of San
Luis Obispo, shall prepare the CLOMR application and
obtain a LOMR from FEMA.
The applicant shall prepare the
CLOMR application and
submit it to FEMA.
The City will confirm that FEMA
has approved the CLOMR prior
to issuance of a grading permit,
and LOMR prior to occupancy.
Compliance Status:
CLOMR has been submitted to
and approved by FEMA.
City of San Luis
Obispo
Community
Development
Department.
Yes
Page 97 of 625
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Mitigation Measure
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and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
Noise
N-1(a) Construction Vehicle Travel Route. Construction
vehicles and haul trucks shall utilize roadways which avoid
residential neighborhoods and sensitive receptors where
possible. The applicant shall submit a proposed construction
vehicle and hauling route for City review and approval prior
to grading/building permit issuance. The approved
construction vehicle and hauling route shall be used for soil
hauling trips prior to construction as well as for the duration
of construction.
Construction plans shall note
construction hours and truck
routes, and shall be submitted
to the City for approval prior to
grading and building permit
issuance for each project
phase. The Community
Development department shall
confirm that construction noise
reduction measures are
incorporated in plans prior to
approval of grading/building
permit issuance.
City staff shall ensure
compliance throughout all
construction phases. Building
inspectors and permit
compliance staff shall
periodically inspect the site for
compliance with activity
schedules and respond to
complaints.
Compliance Status:
Noted on Tract Map and grading
plans.
City of San Luis
Obispo
Community
Development
Department.
1-20
4-20
7-20
11-20
10-21
Yes;
ongoing
with
individual
projects
N-1(b) Construction Activity Timing. Except for
emergency repair of public service utilities, or where an
exception is issued by the Community Development
Department, no operation of tools or equipment used in
construction, drilling, repair, alteration, or demolition work
shall occur daily between the hours of 7:00 PM and 7:00
AM, or any time on Sundays, holidays, or after sunset, such
that the sound creates a noise disturbance that exceeds 75
dBA for single family residential, 80 dBA for multi-family
residential, and 85 dBA for mixed residential/commercial
land uses across a residential or commercial property line.
Construction plans shall note
construction hours and shall
be submitted to the City for
approval prior to grading and
building permit issuance for
each project phase. Schedule
and neighboring property
owner notification mailing list
shall be submitted 10 days
prior to initiation of any earth
movement. The Community
Development department shall
confirm that construction noise
reduction measures are
incorporated in plans prior to
approval of grading/building
permit issuance.
All construction workers shall
be briefed at a pre-
construction meeting on
construction hour limitations. A
workday schedule will be
adhered to for the duration of
construction for all phases.
City staff shall ensure
compliance throughout all
construction phases. Building
inspectors and permit
compliance staff shall
periodically inspect the site for
compliance with activity
schedules and respond to
complaints.
Compliance Status:
Noted on Tract Map and grading
plans. Periodic onsite
monitoring; verify through
complaints and follow up.
City of San Luis
Obispo
Community
Development
Department.
1-20
4-20
7-20
11-20
10-21
Yes;
ongoing
with
individual
projects
N-1(c) Construction Equipment Best Management
Practices (BMPs). For all construction activity at the project
site, noise attenuation techniques shall be employed to
Construction plans shall note
construction Best
Management Practices
City staff shall ensure
compliance throughout all
construction phases. Building
City of San Luis
Obispo
Community
1-20
4-20
7-20
Yes;
ongoing
with
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Mitigation Measure
Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
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:
Sound blankets on noise-generating equipment.
Stationary construction equipment that generates noise
levels above 65 dBA at the project boundaries shall be
shielded with barriers that meet a sound transmission
class (a rating of how well noise barriers attenuate
sound) of 25.
All diesel equipment shall be operated with closed
engine doors and shall be equipped with factory-
recommended mufflers.
For stationary equipment, the applicant shall designate
equipment areas with appropriate acoustic shielding on
building and grading plans. Equipment and shielding
shall be installed prior to construction and remain in the
designated location throughout construction activities.
Electrical power shall be used to power air compressors
and similar power tools.
The movement of construction-related vehicles, with the
exception of passenger vehicles, along roadways
adjacent to sensitive receptors shall be limited to the
hours between 7:00 AM and 7:00 PM, Monday through
Saturday. No movement of heavy equipment shall
occur on Sundays or official holidays (e.g.,
Thanksgiving, Labor Day).
Temporary sound barriers shall be constructed between
construction sites and affected uses.
(BMPs) and shall be submitted
to the City for approval prior to
grading and building permit
issuance for each project
phase. BMPs shall be
identified and described for
submittal to the City for review
and approval prior to building
or grading permit issuance.
BMPs shall be adhered to for
the duration of the project. The
applicant shall provide and
post signs stating these
restrictions at construction site
entries. Signs shall be posted
prior to commencement of
construction and maintained
throughout construction.
Schedule and neighboring
property owner notification
mailing list shall be submitted
10 days prior to initiation of
any earth movement. The
Community Development
department shall confirm that
construction noise reduction
measures are incorporated in
plans prior to approval of
grading/building permit
issuance.
All construction workers shall
be briefed at a pre-
construction meeting on how,
why, and where BMP
measures are to be
implemented. A workday
schedule will be adhered to for
the duration of construction for
all phases.
inspectors and permit
compliance staff shall
periodically inspect the site for
compliance with activity
schedules and respond to
complaints.
Compliance Status:
Noted on Tract Map and grading
plans. Periodic onsite
monitoring; verify through
complaints and follow up.
Development
Department.
11-20
10-21
individual
projects
N-4(a) HVAC Equipment. Retail HVAC equipment shall be
shielded and located on building rooftops, or a minimum of
100 feet from the nearest residential property line.
These requirements shall be
incorporated into project site
plans submitted for approval
before the issuance of grading
and building permits.
The Community Development
Department shall verify
compliance prior to issuance of
operating permits. The
Community Development
Department shall site inspect to
City of San Luis
Obispo
Community
Development
Department.
11-20
2022
On tract
map and
building
permits;
ongoing
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Mitigation Measure
Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
ensure development is in
accordance with approved plans
prior to occupancy clearance.
Community Development staff
shall verify compliance in
accordance with approved
building plans.
Compliance Status:
Noted on Tract Map.
Compliance required with each
commercial building permit.
Field verification upon
commercial permit final.
with
individual
projects;
field
verify as
needed
N-4(b) Parking Lot/Loading Dock Orientation and Noise
Barrier. If parking areas or loading docks would be located
within 250 feet of the residential properties to the west, a
masonry noise barrier shall be installed along the eastern
boundary of the proposed residences adjacent to the
commercial land use area on the eastern portion of the
project site. The noise barrier shall be constructed of any
masonry material with a surface density of at least three
pounds per square foot, and shall have no openings or gaps.
These requirements shall be
incorporated into project site
plans submitted for approval
before the issuance of grading
and building permits.
The Community Development
Department shall verify
compliance prior to issuance of
operating permits. The
Community Development
Department shall site inspect to
ensure development is in
accordance with approved plans
prior to occupancy clearance.
Community Development staff
shall verify compliance in
accordance with approved
building plans.
Compliance Status:
Noted on Tract Map.
Compliance required with each
commercial building permit.
Field verification upon
commercial permit final.
City of San Luis
Obispo
Community
Development
Department.
11-20
2022
On tract
map and
building
permits;
ongoing
with
individual
projects;
field
verify as
needed
N-5(a) Interior Noise Reduction. The project applicant shall
implement the following measures, or similar combination of
measures, which demonstrate that interior noise levels in
proposed residences adjacent to Froom Ranch Way and
Madonna Road, hotel, and offices would be reduced below
These requirements shall be
incorporated into all
construction documents
submitted for approval before
The Community Development
Department shall verify
compliance prior to issuance of
grading permits. The
Community Development
City of San Luis
Obispo
Community
Development
Department.
1-20
4-20
7-20
11-20
2-21
Yes;
ongoing
with
individual
projects
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37
Mitigation Measure
Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
the City’s 45 dBA CNEL interior noise standard. The
required interior noise reduction shall be achieved through a
combination of standard interior noise reduction techniques,
which may include (but are not limited to):
In order for windows and doors to remain closed,
mechanical ventilation such as air conditioning shall be
provided for all units (Passive ventilation may be
provided, if mechanical ventilation is not necessary to
achieve interior noise standards, as demonstrated by a
qualified acoustical consultant).
All exterior walls shall be constructed with a minimum
STC rating of 50, consisting of construction of 2 inch by
4 inch wood studs with one layer of 5/8 inch Type “X”
gypsum board on each side of resilient channels on 24
inch centers and 3 ½ inch fiberglass insulation.
All windows and glass doors shall be rated STC 39 or
higher such that the noise reduction provided will
satisfy the interior noise standard of 45 dBA CNEL.
An acoustical test report of all the sound-rated windows
and doors shall be provided to the City for review by a
qualified acoustical consultant to ensure that the
selected windows and doors in combination with wall
assemblies would reduce interior noise levels
sufficiently to meet the City’s interior noise standard.
All vent ducts connecting interior spaces to the exterior
(i.e., bathroom exhaust, etc.) shall have at least two 90
degree turns in the duct.
All windows and doors shall be installed in an
acoustically-effective manner. Sliding window panels
shall form an air-tight seal when in the closed position
and the window frames shall be caulked to the wall
opening around the perimeter with a non-hardening
caulking compound to prevent sound infiltration.
Exterior doors shall seal air-tight around the full
perimeter when in the closed position.
The applicant shall submit a report to the Community
Development Department by a qualified acoustical
consultant certifying that the specific interior noise reduction
techniques included in residential, hotel, and office
components of the project would achieve interior noise
levels that would not exceed 45 dBA CNEL.
the issuance of grading
permits.
Department shall site inspect to
ensure development is in
accordance with approved plans
prior to occupancy clearance.
Community Development staff
shall verify installation in
accordance with approved
building plans.
Compliance Status:
Noted on Tract Map and project
plans. Noise study and
architectural compliance
submitted with building permits
Feb. 2021.
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Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
N-5(b) Residential Outdoor Activity Area Noise
Attenuation. Outdoor activity areas (e.g., patios and hotel
pool areas) associated with shared multifamily residential
recreational spaces, hotel, commercial, and office uses shall
be protected from sound intrusion so that they meet the
City’s exterior standard of 60 dBA CNEL. Outdoor activity
areas shall be oriented away from traffic noise such that
intervening buildings reduce traffic noise or shall include
noise barriers capable of reducing traffic noise levels to meet
the City’s exterior standard. Hotel pool areas shall be
located a minimum of 500 feet from the U.S. 101 right-of-
way. Noise barriers may be constructed of a material such
as tempered glass, acrylic glass, or masonry material with a
surface density of at least three pounds per square foot, and
shall have no openings or gaps. The applicant shall submit a
report to the Community Development Department by a
qualified acoustic consultant certifying that the specific
outdoor noise reduction techniques in combination with the
orientation of outdoor activity areas of shared multifamily
residential recreational spaces, hotel, commercial, and
offices would achieve exterior noise levels that would not
exceed 60 dBA CNEL.
These requirements shall be
incorporated into all
construction documents
submitted for approval before
the issuance of grading
permits.
The Community Development
Department shall verify
compliance prior to issuance of
grading permits. The
Community Development
Department shall site inspect to
ensure development is in
accordance with approved plans
prior to occupancy clearance.
Community Development staff
shall verify installation in
accordance with approved
building plans.
Compliance Status:
Noted on Tract Map and project
plans. Noise study submitted
with building permits Feb.
2021.
City of San Luis
Obispo
Community
Development
Department.
1-20
4-20
7-20
11-20
2-21
Yes;
ongoing
with
individual
projects;
field
verify as
needed
N-5(c) Froom Ranch Way Noise Barrier. A masonry noise
barrier or alternative barrier, such as a landscaped berm,
shall be installed along the southern property line of
residential lots that abut Froom Ranch Way to protect
outdoor activity areas (patios and pools) at these residences
from sound intrusion from traffic along Froom Ranch Way.
The noise barrier or berm shall provide, at minimum, a 6 foot
high barrier between Froom Ranch Way and the neighboring
residences from the final grade of whichever use (i.e., Froom
Ranch Way or residences) has a higher final elevation. If a
masonry noise barrier is implemented, the noise barrier shall
be constructed of any masonry material with a surface
density of at least three pounds per square foot, and shall
have no openings or gaps. If an alternative material is used,
the developer shall submit a report to the Community
Development Department by a qualified acoustical
consultant certifying that the specific exterior noise reduction
techniques included would achieve exterior noise levels that
would not exceed 60 dBA CNEL.
These requirements shall be
incorporated into all
construction documents
submitted for approval before
the issuance of grading
permits.
The Community Development
Department shall verify
compliance prior to issuance of
grading permits. The
Community Development
Department shall site inspect to
ensure development is in
accordance with approved plans
prior to occupancy clearance.
Community Development staff
shall verify installation in
accordance with approved
building plans.
Compliance Status:
Noted on Tract Map and project
plans. Masonry wall installed
per requirements.
City of San Luis
Obispo
Community
Development
Department.
2021 Yes -
complete
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Mitigation Measure
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and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
N-5(d) U.S. Highway 101 Noise Barrier at Hotel. If the
hotel includes an outdoor activity area (such as a patio or
pool) a masonry noise barrier or alternative barrier, such as
berms, landscaping, or glass, must be installed along the
eastern property line of the hotel where it abuts the U.S. 101
right of way to protect these outdoor activity areas from
sound intrusion from traffic along U.S. 101. If a masonry
noise barrier is implemented, the noise barrier shall provide,
at minimum, an 8 foot high barrier between U.S. 101 and the
hotel from the final grade of whichever use (i.e., U.S. 101 or
hotel) has a higher final elevation. Such a noise barrier shall
be constructed of any masonry material with a surface
density of at least three pounds per square foot, and shall
have no openings or gaps. If an alternative material is used,
the developer shall submit a report to the Community
Development Department by a qualified acoustical
consultant demonstrating that the specific exterior noise
reduction techniques included in the hotel component of the
project would achieve exterior noise levels that would not
exceed 60 dBA CNEL.
These requirements shall be
incorporated into all
construction documents
submitted for approval before
the issuance of grading
permits.
The Community Development
Department shall verify
compliance prior to issuance of
grading permits. The
Community Development
Department shall site inspect to
ensure development is in
accordance with approved plans
prior to occupancy clearance.
Community Development staff
shall verify installation in
accordance with approved
building plans.
Compliance Status:
Noted on Tract Map and project
plans. Project design includes
interior courtyard, outdoor
spaces screened by structure.
City of San Luis
Obispo
Community
Development
Department.
7-20
2022
2-25
Yes;
ongoing
with hotel
project;
verified
with
building
permits
and final
inspectio
n
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Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
Recreation
REC-1 Parkland In-lieu Fees. The project applicant shall
pay parkland in-lieu fees in accordance with the City’s
parkland in-lieu fee program for the parkland shortage. The
project’s specific fee shall be determined by the City at the
time of project approval, after accounting for parkland
provided within the San Luis Ranch Specific Plan Area. The
in-lieu fees collected from the project shall be directed to
new projects or improvements to existing parks and
recreation facilities within the City of San Luis Obispo parks
system.
The project applicant shall
pay parkland in-lieu fees in
accordance with the City’s
parkland in-lieu fee program
prior to Development Plan
approval.
The Parks and Recreation
Department shall verify
compliance prior to Plan
approval.
Compliance Status:
Noted on Tract Map and project
plans. Payment complete.
City of San Luis
Obispo Parks
and Recreation
Department.
1-20
4-20
7-20
11-20
Yes;
ongoing
with
individual
projects
Transportation
T-1(b), T-8a), T-9(c). Madonna Road & Dalidio
Drive/Prado Road Intersection
1. Extend existing westbound left turn lane on Madonna
Road to Dalidio Drive/Prado Road to 310’
2. Install 2nd westbound 310’ left turn lane on Madonna
Road to Dalidio Drive/Prado Road
3. Install eastbound 250’ right turn pocket on Madonna
Road to Dalidio Drive/Prado Road
4. Install 2nd northbound left shared with through-lane on
Prado Road/Dalidio Drive to Madonna Road
5. Prohibit westbound U-turns on Madonna Road
6. Provide split phase operations & optimize signal timing
Implementation of
improvements shall occur prior
to building permits or
occupancy.
City Public Works staff shall
ensure implementation of these
improvements following
approval of the final design
plans for the Specific Plan Area.
Compliance Status:
Noted on Tract Map and project
public improvements plans.
Construction complete.
City of San Luis
Obispo Public
Works
Department.
2020 Yes
T-1(e), T-2(f), T-8(b), T-9(h). Los Osos Valley Road &
Froom Ranch Way Intersection
1. Install dedicated 230’ right turn lane on northbound
Froom Ranch Way approach to Los Osos Valley Road
2. Extend right turn lane on southbound Froom Ranch Way
approach to Los Osos Valley Road to 110’
3. Install 2nd southbound left turn lane on Froom Ranch
Way approach to eastbound Los Osos Valley Road
Implementation of
improvements shall occur with
Froom Bridge construction.
City Public Works staff shall
ensure implementation of these
improvements following
approval of the final design
plans for the Specific Plan Area.
Compliance Status:
Noted on Tract Map and project
public improvements plans.
Construction complete.
City of San Luis
Obispo Public
Works
Department.
2020 Yes
T-1(f), T-8(c). Los Osos Valley Road & Auto Parkway
Intersection
The developer shall pay fair
share mitigation fees in
accordance with a City-
adopted funding mechanism
City Public Works staff shall
confirm payment of applicable
City of San Luis
Obispo Public
2022
2024
Yes –
ongoing
with
individual
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Mitigation Measure
Plan Requirements
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Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
1. Pay Fair Share Impact fees for Signalization
(Prior to Building Permits or Occupancy)
2. Pay Fair share costs and dedicate necessary
ROW for construction of the Prado Road
Overpass & NB Ramps (Timing & Amount of
Fair Share Payments as established in San
Luis Ranch Development Agreement).
3. Develop a Travel Demand Management Plan
consistent with section 2.4.3 and to the
satisfaction of the Public Works Director
(Prior to Building Permits or Occupancy)
consistent with the
Development Agreement.
TDMP to be established prior
to building permits or
occupancy.
fees, dedication of ROW, and
completion of TDMP.
Compliance Status:
Noted on Tract Map and project
plans. TIF payment with
ongoing building permits. Prado
fair share fee paid 2023. TDMP
submitted with each project
component.
Works
Department.
projects
T-2(g). Los Osos Valley Road & U.S. 101 Southbound
Off Ramp
1. Extend off ramp left turn lane to 320’
Implementation of
improvements shall occur by
building permits or occupancy.
City Public Works staff shall
ensure implementation of these
improvements following
approval of the final design
plans for the Specific Plan Area.
Compliance Status:
Noted on Tract Map and project
plans. Construction complete.
City of San Luis
Obispo Public
Works
Department.
2020 Complete
T-2(h). Los Osos Valley Road & U.S. 101 Northbound
Off Ramp
1. Pay Fair share costs and dedicate necessary ROW for
construction of the Prado Road Overpass & NB Ramps
(Timing & Amount of Fair Share Payments as
established in San Luis Ranch Development
Agreement).
2. Develop a Travel Demand Management Plan consistent
with section 2.4.3 and to the satisfaction of the Public
Works Director (Prior to Building Permits or Occupancy)
The developer shall pay fair
share mitigation fees in
accordance with a City-
adopted funding mechanism
consistent with the
Development Agreement.
TDMP to be established prior
to building permits or
occupancy.
City Public Works staff shall
confirm payment of applicable
fees, dedication of ROW, and
completion of TDMP.
Compliance Status:
ROW dedicated with Final Map.
Prado Fair Share payment
made 11/2023. TDMP
completed and being
implemented with each phase.
City of San Luis
Obispo Public
Works
Department.
11-
2023
Prado –
Complete
TDMP
ongoing
with each
phase
T-1(c), T-2(c). Madonna & U.S. 101 Southbound Off
Ramp
1. Pay Fair share costs and dedicate necessary ROW for
construction of the Prado Road Overpass & NB Ramps
(Timing & Amount of Fair Share Payments as
established in San Luis Ranch Development
Agreement).
The developer shall pay fair
share mitigation fees in
accordance with a City-
adopted funding mechanism
consistent with the
Development Agreement.
TDMP and Madonna ramp
extension to be established
City Public Works staff shall
confirm payment of applicable
fees, dedication of ROW, and
completion of TDMP.
Compliance Status:
City of San Luis
Obispo Public
Works
Department.
2023 Prado –
Complete
TDMP
ongoing
with each
phase
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Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
2. Develop a Travel Demand Management Plan consistent
with section 2.4.3 and to the satisfaction of the Public
Works Director (Prior to Building Permits or Occupancy)
3. Extend northbound Madonna Road left turn lane to 150’
(Prior to Building Permits or Occupancy)
prior to building permits or
occupancy.
ROW dedicated with Final Map.
Prado Fair Share payment
made 11/2023. TDMP
completed and being
implemented with each phase.
T-2(d). Madonna & U.S. 101 Northbound Off Ramp
1. Pay Fair share costs and dedicate necessary ROW for
construction of the Prado Road Overpass & NB Ramps
(Timing & Amount of Fair Share Payments as established
in San Luis Ranch Development Agreement).
2. Develop a Travel Demand Management Plan consistent
with section 2.4.3 and to the satisfaction of the Public
Works Director (Prior to Building Permits or Occupancy)
The developer shall pay fair
share mitigation fees in
accordance with a City-
adopted funding mechanism
consistent with the
Development Agreement.
TDMP to be established prior
to building permits or
occupancy.
City Public Works staff shall
confirm payment of applicable
fees, dedication of ROW, and
completion of TDMP.
Compliance Status:
ROW dedicated with Final Map.
Prado Fair Share payment
made 11/2023. TDMP
completed and being
implemented with each phase.
City of San Luis
Obispo Public
Works
Department.
11-23 Prado –
Complete
TDMP
ongoing
with each
phase
T-2(e). Madonna & Higuera Street
1. Pay Fair share costs and dedicate necessary ROW for
construction of the Prado Road Overpass & NB Ramps
(Timing & Amount of Fair Share Payments as
established in San Luis Ranch Development
Agreement).
2. Develop a Travel Demand Management Plan consistent
with section 2.4.3 and to the satisfaction of the Public
Works Director (Prior to Building Permits or Occupancy)
The developer shall pay fair
share mitigation fees in
accordance with a City-
adopted funding mechanism
consistent with the
Development Agreement.
TDMP to be established prior
to building permits or
occupancy.
City Public Works staff shall
confirm payment of applicable
fees, dedication of ROW, and
completion of TDMP.
Compliance Status:
ROW dedicated with Final Map.
Prado Fair Share payment
made 11/2023. TDMP
completed and being
implemented with each phase.
City of San Luis
Obispo Public
Works
Department.
11-23 Prado –
Complete
TDMP
ongoing
with each
phase
T-2(a). Madonna & Los Osos Valley Road
1. Pay Fair share costs and dedicate necessary ROW for
construction of the Prado Road Overpass & NB Ramps
(Timing & Amount of Fair Share Payments as
established in San Luis Ranch Development
Agreement).
2. Develop a Travel Demand Management Plan consistent
with section 2.4.3 and to the satisfaction of the Public
Works Director (Prior to Building Permits or Occupancy)
The developer shall pay fair
share mitigation fees in
accordance with a City-
adopted funding mechanism
consistent with the
Development Agreement.
TDMP to be established prior
to building permits or
occupancy.
City Public Works staff shall
confirm payment of applicable
fees, dedication of ROW, and
completion of TDMP.
Compliance Status:
ROW dedicated with Final Map.
Prado Fair Share payment
made 11/2023. TDMP
completed and being
implemented with each phase.
City of San Luis
Obispo Public
Works
Department.
11-23 Prado –
Complete
TDMP
ongoing
with each
phase
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Mitigation Measure
Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
T-1(g), T-8(g), T-9(l). Higuera Street & Tank Farm Road
1. Pay Fair share costs and dedicate necessary
ROW for construction of the Prado Road
Overpass & NB Ramps (Timing & Amount of
Fair Share Payments as established in San
Luis Ranch Development Agreement).
2. Develop a Travel Demand Management Plan
consistent with section 2.4.3 and to the
satisfaction of the Public Works Director (Prior
to Building Permits or Occupancy)
3. Extend northbound right turn pocket to 230’
and channelize movement (Prior to Building
Permits or Occupancy)
The developer shall pay fair
share mitigation fees in
accordance with a City-
adopted funding mechanism
consistent with the
Development Agreement.
TDMP and extended NB right
turn pocket to be completed
prior to building permits or
occupancy.
City Public Works staff shall
confirm payment of applicable
fees. City Public Works staff
shall ensure implementation of
these improvements following
approval of the final design
plans for the Specific Plan Area.
Compliance Status:
ROW dedicated with Final Map.
Prado Fair Share payment
made 11/2023. TDMP
completed and being
implemented with each phase.
City of San Luis
Obispo Public
Works
Department.
11-23 Prado –
Complete
TDMP
ongoing
with each
phase
T-2(j), T-9(m). Prado Road & Higuera Street Intersection
1. Install 2nd U.S. 101 northbound left turn lane
2. Extend westbound right turn pocket to 400’
Implementation of
improvements shall occur by
building permits or occupancy.
City Public Works staff shall
ensure implementation of these
improvements following
approval of the final design
plans for the Specific Plan Area.
Compliance Status:
Noted on Tract Map and project
plans. Construction completed.
City of San Luis
Obispo Public
Works
Department.
2022 Complete
T-2(i). Los Osos Valley Road & Higuera Street
1. Extend eastbound right turn lane to 180’
Implementation of
improvements shall occur by
building permits or occupancy.
City Public Works staff shall
ensure implementation of these
improvements following
approval of the final design
plans for the Specific Plan Area.
Compliance Status:
Noted on Tract Map and project
plans. Construction completed.
City of San Luis
Obispo Public
Works
Department.
2022 Complete
T-1(h), T-1(i). Install Multilane Roundabout at
Prado/Dalidio & Froom Intersection
Implementation of
improvements shall occur with
Prado/Dalidio Road
construction.
City Public Works staff shall
ensure implementation of these
improvements following
approval of the final design
plans for the Specific Plan Area.
Compliance Status:
City of San Luis
Obispo Public
Works
Department.
2024 Yes
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Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
Noted on Tract Map and project
plans. Roundabout constructed
2022. 4th leg of roundabout
completed fall 2024.
T-6. Install Multilane Roundabout Control or Restricted
Access at Prado Road/Dalidio Drive & Project Driveways
Implementation of
improvements shall occur with
Prado/Dalidio construction.
City Public Works staff shall
ensure implementation of these
improvements following
approval of the final design
plans for the Specific Plan Area.
Compliance Status:
Noted on Tract Map and project
plans. 4th leg of roundabout
completed fall 2024.
City of San Luis
Obispo Public
Works
Department.
9-24 Yes
T-3(d). Parallel Class I Multiuse Paths or Bike Boulevard
Fair Share Payment:
1. Higuera Street (Madonna Road to Prado Road)
2. Los Osos Valley Road (Madonna Road to Higuera
Street)
3. Madonna Road (Los Osos Valley Road to Higuera
Street)
Construct:
4. Prado Road/Dalidio Drive (Froom Ranch Way to
Higuera Street)
Payment of fair share for
implementation identified
improvements shall occur per
Development Agreement.
Implementation of Prado
Road/Dalidio Drive
improvement shall occur with
Prado construction.
City Public Works staff shall
ensure implementation of this
measure.
Compliance Status:
Noted on Tract Map and project
plans. Construction complete.
City of San Luis
Obispo Public
Works
Department.
2022 Yes
T-3(a). City Transit Headway Optimization
1. Fund assessment of decreasing traffic headways to 25
min
Implementation of
improvements shall be
ongoing as determined
necessary by City Public
Works.
City Public Works staff shall
ensure implementation of these
improvements following
approval of the final design
plans for the Specific Plan Area.
Compliance Status:
Noted on Tract Map and project
plans. Public Works to verify.
City of San Luis
Obispo Public
Works
Department.
TBD
T-1(a, d). City Signal Timing Optimization Implementation of
improvements shall be
ongoing as determined
necessary by City Public
Works.
City Public Works staff shall
ensure implementation of these
improvements following
approval of the final design
plans for the Specific Plan Area.
City of San Luis
Obispo Public
Works
Department.
TBD
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Monitoring Requirements and
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Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
Compliance Status:
Noted on Tract Map and project
plans. Public Works to verify.
T-7. Traffic Calming and/or Reconfiguration of New
Neighborhood Streets
The project applicant shall
include neighborhood traffic
circles at key intersections and
traffic-calming features on final
design plans for development
within the Specific Plan Area.
City Public Works staff shall
confirm inclusion of
neighborhood traffic circles at
key intersections and traffic-
calming features, and approve
final design plans prior to
issuance of grading permits.
Compliance Status:
Noted on Tract Map and project
plans. Installed per PIPs.
Construction complete.
City of San Luis
Obispo Public
Works
Department.
2020 Yes
T-5. Froom Ranch Way Bridge Construction The Froom Ranch Way
bridge connection shall be
completed prior to any
residential or non-
residential building permits
or occupancy permits.
City Public Works staff shall
confirm implementation of this
measure.
Compliance Status:
Noted on Tract Map and project
plans. Installed per PIPs.
Construction complete.
City of San Luis
Obispo Public
Works
Department.
2020 Yes
T-4. Construction Traffic Management Plan The project applicant shall
submit the construction traffic
management plan for review
and approval by the City prior
to the initiation of construction.
The City shall ensure
compliance with the
construction traffic management
plan through routine monitoring
throughout all phases of project
construction.
Compliance Status:
Noted on Tract Map and project
plans. Public Works to verify.
Ongoing with individual projects.
City of San Luis
Obispo Public
Works
Department.
2020 Yes,
Ongoing
With
individual
projects
T-1(a). Madonna & Los Osos Valley Road
1. City optimize signal timing to accommodate increased
project volumes
Ongoing by City. City Public Works staff shall
monitor timing as needed.
City of San Luis
Obispo Public
TBD
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Monitoring Requirements and
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Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
Compliance Status:
Noted on Tract Map and project
plans. Public Works to verify.
Works
Department.
T-2(b), T-9(b). Madonna Road & Oceanaire Drive
1. Pay Fair share costs and dedicate necessary ROW for
construction of the Prado Road Overpass & NB Ramps
(Timing & Amount of Fair Share Payments as
established in San Luis Ranch Development
Agreement).
2. Develop a Travel Demand Management Plan consistent
with section 2.4.3 and to the satisfaction of the Public
Works Director (Prior to Building Permits or Occupancy)
The developer shall pay fair
share mitigation fees in
accordance with a City-
adopted funding mechanism
consistent with the
Development Agreement.
TDMP to be established prior
to building permits or
occupancy.
City Public Works staff shall
confirm payment of applicable
fees, dedication of ROW, and
completion of TDMP.
Compliance Status:
ROW dedicated with Final Map.
Prado Fair Share payment
made 11/2023. TDMP
completed and being
implemented with each phase
City of San Luis
Obispo Public
Works
Department.
11-23 Prado –
Complete
TDMP
ongoing
with each
phase
T-1(d). Higuera Street & South Street
1. City optimize signal timing to accommodate increased
project volumes
Ongoing by City. City Public Works staff shall
monitor timing as needed.
Compliance Status:
Noted on Tract Map and project
plans. Public Works to verify.
City of San Luis
Obispo Public
Works
Department.
TBD
T-11(a). Prado & U.S. 101 Northbound Off Ramp
1. Pay Fair share costs and dedicate necessary ROW for
construction of the Prado Road Overpass & NB Ramps
(Timing & Amount of Fair Share Payments as
established in San Luis Ranch Development
Agreement).
2. Develop a Travel Demand Management Plan consistent
with section 2.4.3 and to the satisfaction of the Public
Works Director (Prior to Building Permits or Occupancy)
The developer shall pay fair
share mitigation fees in
accordance with a City-
adopted funding mechanism
consistent with the
Development Agreement.
TDMP to be established prior
to building permits or
occupancy.
City Public Works staff shall
confirm payment of applicable
fees, dedication of ROW, and
completion of TDMP.
Compliance Status:
ROW dedicated with Final Map.
Prado Fair Share payment
made 11/2023. TDMP
completed and being
implemented with each phase
City of San Luis
Obispo Public
Works
Department.
11-23 Prado –
Complete
TDMP
ongoing
with each
phase
T-11(b). North of Prado & U.S. 101 Northbound Off Ramp
1. Pay Fair share costs and dedicate necessary ROW for
construction of the Prado Road Overpass & NB Ramps
(Timing & Amount of Fair Share Payments as
The developer shall pay fair
share mitigation fees in
accordance with a City-
adopted funding mechanism
consistent with the
Development Agreement.
TDMP to be established prior
City Public Works staff shall
confirm payment of applicable
fees, dedication of ROW, and
completion of TDMP.
Compliance Status:
City of San Luis
Obispo Public
Works
Department.
11-23 Prado –
Complete
TDMP
ongoing
with each
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Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
established in San Luis Ranch Development
Agreement).
2. Develop a Travel Demand Management Plan consistent
with section 2.4.3 and to the satisfaction of the Public
Works Director (Prior to Building Permits or Occupancy)
to building permits or
occupancy.
ROW dedicated with Final Map.
Prado Fair Share payment
made 11/2023. TDMP
completed and being
implemented with each phase
phase
T-11(c). North of Madonna & U.S. 101 Northbound Off
Ramp
1. Pay Fair share costs and dedicate necessary ROW for
construction of the Prado Road Overpass & NB Ramps
(Timing & Amount of Fair Share Payments as
established in San Luis Ranch Development
Agreement).
2. Develop a Travel Demand Management Plan consistent
with section 2.4.3 and to the satisfaction of the Public
Works Director (Prior to Building Permits or Occupancy)
The developer shall pay fair
share mitigation fees in
accordance with a City-
adopted funding mechanism
consistent with the
Development Agreement.
TDMP to be established prior
to building permits or
occupancy.
City Public Works staff shall
confirm payment of applicable
fees, dedication of ROW, and
completion of TDMP.
Compliance Status:
ROW dedicated with Final Map.
Prado Fair Share payment
made 11/2023. TDMP
completed and being
implemented with each phase.
City of San Luis
Obispo Public
Works
Department.
Prado –
Complete
TDMP
ongoing
with each
phase
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071928\12553401v7
1
OPERATING MEMORANDUM NUMBER THREE
BETWEEN
THE CITY OF SAN LUIS OBISPO
AND MI SAN LUIS RANCH, LLC
The Development Agreement by and between the City of San Luis Obispo (the “City”) and MI San
Luis Ranch LLC (“SLR”) dated as of on or about September 18, 2018, and which became effective
on October 18, 2018 (the “Development Agreement”), provides in Section 9.03 of the
Development Agreement that compliance with the requirements of the San Luis Ranch Specific
Plan (the “Specific Plan”), the Conditions of Approval (the “Conditions of Approval”) for the San
Luis Ranch Project (the “Project”), the conditions of approval for Vesting Tentative Tract Map.
No. 3096 (the “VTTM”), and provisions of the Development Agreement (collectively, the Specific
Plan, the Conditions of Approval, the VTTM, and the Development Agreement may be referred
to collectively as the “Project Approvals”) require a close degree of cooperation between the City
and SLR and refinements and further development of the Project may demonstrate that
clarifications are appropriate with respect to the details of performance. The Development
Agreement further provides that if and when City and SLR agree that such clarifications are
necessary or appropriate, they may implement such clarifications through operating memoranda
approved by the City and SLR.
Capitalized terms used in this Operating Memorandum shall carry the same definitions as those
set forth in the Development Agreement.
A. PURPOSE:
The purpose of this Operating Memorandum is to clarify how the Parties will implement the final
funding of the Prado Overpass improvements, described in Exhibit C to the Development
Agreement as the Prado Road/US 101 Interchange and North Bound Ramps (Exhibit C, Table 3,
Item 4) and Prado Southbound Ramps (Exhibit C, Table 3, Item 5), collectively, the “Prado
Overpass Improvements”). The final cost estimate for the Prado Overpass Improvements, as of
the date of this Agreement, have been established at One Hundred One Million Four Hundred
Eighty-Three Thousand One Hundred Dollars ($101,483,100.00) and SLR’s share of the Prado
Overpass Improvements (the “Prado Road Interchange Mitigation Fee”) is Twenty-Eight Million
Four Hundred Fifteen Thousand Two Hundred Sixty-Eight Dollars ($28,415,268.00) which is
equal to 28% of $101,483,100.00.
Section 5.04.6 of the DA provides that SLR shall pay its portion of the Prado Road Interchange
Mitigation Fee prior to the issuance of occupancy permits within the Specific Plan Area that
generate a cumulative total of 233 PM Peak Hour Trips. The Parties acknowledge that the City
has issued occupancy permits that exceed this threshold and that such action does not constitute a
waiver by the City of any related breach or alleged breach of the Development Agreement by SLR,
nor does such action constitute any waiver by the City of remedies for any breach of the
Development Agreement, all of which are expressly acknowledged and reserved to the City.
The parties intend through this Operating Memorandum to confirm the final contribution amount
from SLR for its share of the Prado Road Interchange Mitigation Fee and to document the method
and timing for payment.
The City and SLR previously entered into Operating Memorandum No. 1, Operating
Memorandum No. 2, Administrative Amendment No. 1, and Administrative Amendment No. 2,
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to address certain items with respect public improvements associated with the recordation of Final
Subdivision Maps for the Project.
B. CLARIFICATIONS:
1) Prado Overpass improvements: The Parties acknowledge that the final cost for
the Prado Road Overpass Improvements for purposes of the DA is One Hundred and One Million
Four Hundred Eighty-Three Thousand One Hundred Dollars ($101,483,100.00), and SLR’s
responsibility under the DA of this is Twenty-Eight Million, Four Hundred Fifteen Thousand Two
Hundred Sixty-Eight Dollars ($28,415,268.00), which shall be satisfied as follows:
A. In Operating Memorandum No. 2, the City acknowledged and agreed that “SLR’s
payment toward the Prado Interchange shall be reduced by Two Million Dollars ($2,000,000) in
lieu and in full satisfaction of the City’s Two Million Dollar ($2,000,000) reimbursement
obligations” for oversized or excess public infrastructure describ ed in Operating Memorandum
No. 2.
B. The City acknowledges and agrees that SLR is entitled to reimbursements for
additional public infrastructure in the amount of Two Million Three Hundred Ninety-Six Thousand
Five Hundred Fourteen Dollars and Fifty-Eight Cents ($2,396,514.58), which such amount shall
be applied as a credit to SLR’s share of the Prado Road Interchange Mitigation Fee. These
reimbursements include One Million Nine Hundred Fifty-Six Thousand Eight Hundred Forty-
Eight Dollars and Twenty-Three Cents ($1,956,848.23) eligible for the LOVR/ Froom Intersection
improvements and Four Hundred Thirty-Nine Thousand Six Hundred Sixty-Six Dollars and
Thirty-Five Cents ($439,666.35) eligible for the Froom Ranch Way Widening infrastructure. Such
amounts have been documented through contracts and cancelled checks provided to the City on
November 9, 2023.
C. SLR shall remit to the City the sum of Fourteen Million One Hundred Twenty-One
Thousand Seventy-Two Dollars and Seventy-Six Cents ($14,121,072.76) within five (5) business
days of the mutual execution of this Operating Memorandum.
D. The Parties acknowledge and agree that the City is currently holding funds
generated from the Project’s Community Facilities District (“CFD”) in the amount of Nine Million
Eight Hundred Ninety-Seven Thousand Six Hundred Eighty Dollars and Sixty-Six Cents
($9,897,680.66). Pursuant to Section 11 of that certain Funding, Construction and Acquisition
Agreement, dated as of October 20, 2020, between the City and SLR (the “Funding, Construction
and Acquisition Agreement”), SLR hereby requests, and the City hereb y agrees, to apply such
amount as a credit toward SLR’s Prado Road Interchange Mitigation Fee. Upon application of
such amount for such purpose, SLR agrees that it shall have no further right under the Funding,
Construction and Acquisition Agreement or any other document to request disbursements, credits
or reimbursements from the proceeds of the City of San Luis Obispo Community Facilities District
No. 2019-1 (San Luis Ranch) Special Tax Bonds, Series 2021. SLR further agrees that the City
may request the trustee establish such separate subaccounts as may be necessary or desirable to
effectuate such application of proceeds.
E. Application pursuant to the Funding, Construction and Acquisition Agreement of
the amount of Nine Million Eight Hundred Ninety-Seven Thousand Six Hundred Eighty Dollars
and Sixty-Six Cents ($9,897,680.66), together with the remittance of Fourteen Million One
Hundred Twenty-One Thousand Seventy-Two Dollars and Seventy-Six Cents ($14,121,072.76)
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and reimbursements of Two Million Three Hundred Ninety-Six Thousand Five Hundred Fourteen Dollars
and Fifty-Eight Cents ($2,396,514.58) noted in item B, shall together constitute full and final
satisfaction of SLR’s obligation under the Development Agreement related to the Prado Road
Overpass Improvements and the Prado Road Interchange Mitigation Fee.
F. SLR shall retain the right to collect a “Gap Shortfall” (as defined in the Funding,
Construction and Acquisition Agreement) from generated special taxes in excess of other
obligations of the CFD, provided that the City shall not under any circumstance be obligated to
pay SLR any amount in excess of funds actually collected by the City. In addition, SLR shall be
entitled to all remaining non-applied public and private reimbursements. Lastly, should a 2nd
bond sale take place, SLR shall be entitled to additional reimbursement, payment or credit from
the revenues generated from the 2nd CFD bond sale in the manner and subject to the conditions
specified in the Funding, Construction and Acquisition Agreement, and the City agrees to assist
with the 2nd bond sale in a timely manner.
Promptly upon full execution of this Operating Memorandum, the City shall release any
building permits or final Certificates of Occupancy that the City would have otherwise issued prior
to this Operating Memorandum, but that been withheld pursuant to Section 5.04.6 of the
Development Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the last written
date below.
FOR CITY OF SAN LUIS OBISPO:
Date: _______________ ____________________________________
Derek Johnson, City Manager
FOR MI SAN LUIS RANCH, a Delaware Limited Liability Company:
Date: ________________ ____________________________________
Donald R. Faye, Authorized Agent
DocuSign Envelope ID: AB941829-9A76-4867-8215-80EA536B460C
11/15/2023 | 7:42 AM PST
11/15/2023 | 1:08 PM PST
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