HomeMy WebLinkAboutItem 6i - Approval of Final Map for Tract 3136 Bullock Ranch 3580 Bullock Lane Item 6i
Department: Community Development
Cost Center: 4003
For Agenda of: 10/21/2025
Placement: Consent
Estimated Time: N/A
FROM: Timmi Tway, Community Development Director
Prepared By: Gabriel Munoz-Morris, Supervising Civil Engineer
SUBJECT: APPROVAL OF THE FINAL MAP FOR TRACT 3136, BULLOCK RANCH,
3580 BULLOCK LANE (FMAP-0168-2022)
RECOMMENDATION
Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis
Obispo, California, approving the final map for Tract 3136, Bullock Ranch, and authorizing
the Mayor to execute a Subdivision Agreement in a form subject to the approval of the
City Attorney (3580 Bullock Lane, FMAP-0168-2022).” (Attachment A)
POLICY CONTEXT
This item supports the development of 192 housing units, which directly advances the
“Housing and Neighborhood Livability – Healthy, Safe, and Affordable” Major City Goal
by facilitating sustainable growth that aligns with housing goals. City Council approval is
required for subdivision final maps pursuant to Government Code 66458(a)1.
DISCUSSION
Tract 3136 Bullock Ranch (FMAP-0168-2022) is located at 3580 Bullock Lane as shown
on the Vicinity Map provided as Attachment B.
Background / Previous Council Action
Tract 3136 (FMAP-0168-2022), commonly known as Bullock Ranch, is located at 3580
Bullock Lane (See Vicinity Map - Attachment B) in the Orcutt Area Specific Plan (OASP)
area. A vesting tentative tract map for Tract 3136 was approved by the City Council on
January 11, 2022, by Resolution No. 11299 (2022 Series). The tentative map (Attachment
C) approved a 192-unit mixed use development, including seven live/work u nits, a 585
square foot commercial unit, on-site parking, and other residential community amenities.
The final map creates a total of 14 lots on the 10.93 -acre site.
1 66458(a) The legislative body shall, at the meeting at which it receives the map or, at its next regular meeting
after the meeting at which it receives the map, approve the map if it conforms to all the requirements of this
chapter and any local subdivision ordinance applicable at the time of approval or conditional approval of the
tentative map and any rulings made thereunder. If the map does not conform, the legislative body shall disapprove
the map.
Page 183 of 415
Item 6i
The tentative map and project conditions of approval included the finished buildout of
Bullock Lane as a public collector street from its existing southerly terminus south of
Orcutt Road to the recently constructed roundabout at Tiburon Way/Bullock Lane/Righetti
Ranch Road, providing new connectivity between Orcutt Road and the Orcutt Specific
Plan Area. The developer was successful in acquiring the necessary right -of-way required
for these improvements and is required to complete construction prior to occupancy of
the development.
The tentative map and conditions of approval required the de veloper to design and
construct an extension of the Railroad Safety Trail shared-use path between Tiburon Way
and Orcutt Road along the west side of Bullock Lane, parallel to the Union Pacific Railroad
(UPRR) tracks. However, this condition was contingent on the City acquiring the
necessary easements from UPRR needed to construct the improvements. Unfortunately,
after nearly two years of coordination and negotiations between UPRR and City staff,
UPRR ultimately rejected the City’s request for the easement needed to construct the
shared-use path extension. Instead, UPRR has requested that the City first complete a
series of improvements to the existing at-grade rail crossing on Orcutt Road, such as the
installation of additional flashers, medians, ADA improve ments, and other minor
improvements related to striping and signage, before they will grant the easements
needed for the shared-use path extension. The developer met their obligations per the
conditions of approval and has substantially completed the design for the path extension
per the project conditions of approval; however, they are no longer obligated to construct
the facility due to the City’s inability to secure the required easement from UPRR. Instead,
the developer will provide all design materials to the City and pay their fair share financial
contribution towards future construction of these improvements by the City through
participation in the Citywide and Orcutt Subarea Transportation Impact Fee programs.
In response to the delay associated with acquiring the necessary easements from UPRR,
funding was allocated for City staff to initiate preconstruction work for the trail extension
and Orcutt Road rail crossing improvements requested by UPRR as part of the City’s
2023-25 Financial Plan. The ongoing difficulties with the project design and permitting
required extending this timeline to fully fund the preconstruction and construction work.
The funding was re-programmed in the City’s 2025-27 Financial Plan and is scheduled
for pre-construction in 2032-33 and construction in 2034-35.
The Tract 3136 map will create the following units, lots and easements:
1. 12 lots for 192 multi-family condominium units and one commercial unit.
2. Common areas for parking, private streets, and private drive aisles.
3. Easement for vehicular, pedestrian, bicycle access and utilities.
4. 2 lots for shared access.
Phasing
Previously, the applicant had considered phasing the project in two phases. The Phase
1 Final Map for Tract 3136 was approved by the City Council on August 20, 2024 by
Resolution 11514 (2024 Series). Ultimately, the applicant chose not to proceed with a
Page 184 of 415
Item 6i
phased map and entered negotiations to sell the property and entitlements to another
ownership group. The Phase 1 Final Map for Tract 3136 was not recorded (nor was the
Subdivision Agreement executed). Negotiations for the sale began in fall, 2024 and have
continued over the last year. The sale terms are now finalized and the new ownership
group is interested in pursuing a single, unphased, final map for Tract 3136. City staff
have coordinated closely with the prior and new ownership groups to ensure that a single
final map approval by the City Council at this time will facilitate completion of the project
and construction of the approved 192 housing units.
Subdivision Improvements
The public improvements required for this subdivision consist of street and utility
improvements on Bullock Lane and Ranch House Road along the project frontage s and
to Bullock Lane extending north beyond the project site approximately 300 feet. Access
to the subdivision is provided via Bullock Lane on the west side . On the east side of the
project, Sponza Drive extends into the project site as a private street from the intersection
of Sponza Drive and Ranch House Road. All of the in-tract utilities and streets will be
privately owned and maintained.
The scope of the proposed subdivision improvements to be constructed with Tract 3136
at this time is the same as that discussed in detail in the staff report for Tract 3136
approved by the City Council on January 11, 2022, except for one revision. The multi-use
path along the western side of Bullock Lane adjacent to UPRR right -of-way has been
deferred due to the inability to acquire the needed right-of-way from UPRR, as explained
previously in this report.
Affordable Housing
As identified in Condition #18, the City is actively working with the Subdivider to complete
the Affordable Housing Agreement. The Agreement outlines the transfer of inclusionary
units between the various OASP tracts and identifies the affordable units. The agreement
will be recorded prior to issuance of building permits for the market rate housing. Table 1
below outlines the total number of affordable units for the project and their level of
affordability.
Housing
Type
No. of
Bedrooms
No. of Affordable
Bungalow 1 1 Low
Bungalow 3 1 Moderate
Townhouse 1 1 Moderate
Townhouse 1 1 Low, 2 Moderate
Townhouse 2 1 Moderate
Total 7 units (2 Low, 5 Moderate)
Table 1: Number of Affordable Housing Units – Bullock Ranch
Parks
Tract 3136 does not propose any new park land and is instead a benefiting property in
the Parkland Reimbursement Agreement between the City and Righetti Ranch, L.P. for
Page 185 of 415
Item 6i
the dedication of park land in the OASP with the approvals of Tracts 3063 (Righetti Ran ch)
and 3066 (Jones Ranch). The developer of Tract 3136 is required to pay parkland
reimbursement fees which will be passed through to the developer of Tracts 3063 and
3066 per the fee schedule in the Tract 3136 Subdivision Agreement (Attachment D).
Approving the Final Map
The tentative map has an initial two-year life per Municipal Code Section 16.10.150,
therefore, this vesting tentative map originally had an expiration date of January 11, 2024.
The Subdivision Map Act allows for time extensions to be requested by the Subdivider
and granted by the city. In addition to the extension process outlined in the Subdivision
Map Act, on March 4, 2020, the Governor proclaimed a State of Emergency to exist in
California as a result of the threat of COVID-19. On March 17, 2020, the City Council
adopted Resolution No. 11099 (2020 Series) proclaiming a local emergency and
thereafter affirmed and continued its proclamat ion of local emergency to extend through
the duration of the declared State and/or County proclamations of emergency. On June
16, 2020, Council adopted Resolution No. 11131 (2020 Series) that tolled the expiration
of all discretionary approvals from the declaration of the pandemic emergency (beginning
March 17, 2020). On July 6, 2021, Council adopted Resolution No. 11264 (2021 Series)
that granted various enforcement moratoriums and permit extensions, including planning
applications, for the purpose of economic recovery and the protection of the public health,
safety, and welfare. In February 2023, Council adopted Resolution No. 11396 (2023
Series) terminating the Declaration of a Local Emergency for the COVID -19 Pandemic,
effective February 28, 2023. The termination of the Local Emergency implemented an 18 -
month time extension for discretionary approvals that expired on August 28, 2024.
On September 27, 2024, the Governor approved Assembly Bill 2729 (California
Government Code Section 65914.4) that extends any housing entitlement an additional
18 months for a residential development project that was issued to and was in effect on
January 1, 2024, and will expire prior to December 31, 2025. Specifically, Government
Code Section 65914.4 states that a “housing entitlement” includes:
A ministerial approval, permit, or entitlement by a local agency required as a
prerequisite to issuance of a building permit for a housing development project.
A tentative map, vesting tentative map, or parcel map for which a tentative map or
vesting tentative map, as the case may be, has been approved.
Therefore, effective January 1, 2025, Government Code Section 65914.4 extends the
entitlements for the Tentative Map located at 3580 Bullock Lane until June 30, 2027.
The draft final map for Tract 3136 (Attachment E) is ready for review and approval and
then recordation. Prior to recordation, the developer must p ay all required fees per the
Subdivision Agreement (Attachment D). Pursuant to Section 16.14.080 of the Municipal
Code, the Public Works Director has determined that the final map is in substantial
compliance with the tentative map and approved modifications thereof. Section 66474.1
of the Subdivision Map Act states that “a Legislative body shall not deny approval of a
final or parcel map if it has previously approved a tentative map for the proposed
subdivision and if it finds that the final or parcel map is in substantial compliance with the
Page 186 of 415
Item 6i
previously approved tentative map.” The approval of a final map is considered a
ministerial action.
Appropriate securities will be submitted prior to map recordation to guarantee completion
of the required subdivision improvements as shown in the Subdivision Agreement
(Attachment D). The resolution approving the final map (Attachment A) also authorizes
the Mayor to sign the Subdivision Agreement requiring the Subdivider to complete the
subdivision improvements.
Public Engagement
Public notification for the tentative map, environmental document, and underlying
entitlements occurred with the Planning Commission public hearing on October 27, 2021
when the Planning Commission recommended approval of the project to the City Council,
with conditions, and at the City Council public hearing on January 11, 2022 where the
City Council approved the tentative tract map by adopting Resolution No. 11299 (2022
Series). Approval of the final map is considered a ministerial action, so a public hearing
for this Final Map is not required.
CONCURRENCE
The Director of Public Works and the Natural Resources Manager concur with the
recommended action.
ENVIRONMENTAL REVIEW
The Orcutt Area Specific Plan and an associated Final Environmental Impact Report
(FEIR) were approved and certified by City Council on March 2, 2010. The Bullock Ranch
Vesting Tentative Tract Map #3136 (VTM) was analyzed in a project -specific Initial
Study/Mitigated Negative Declaration (IS/MND), which tiered off the 2010 FEIR. The
VTM was approved and the IS/MND was adopted by City Council Resolution 11299 on
January 11, 2022. Both the 2010 FEIR and subsequent IS/MND constitute the complete
environmental determination for the project.
Approval of the final map is statutorily exempt under the California Environmental Quality
Act (CEQA) pursuant to Section 15268(b)(3) Ministerial Projects (approval of final
subdivision maps) of Title 14 of the California Code of Regulations (State CEQA
Guidelines). Therefore, no further environmental review is required.
FISCAL IMPACT
Budgeted: Yes Budget Year: 2026-Ongoing
Funding Identified: Yes
Page 187 of 415
Item 6i
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $0 $0 $0 $0
State
Federal
Fees
Other: CFD
Total $0 $0 $0 $0
There are no fiscal impacts directly associated with approval of the final map for Tract 3136.
The City will eventually incur costs upon acceptance of the public improvements by the City,
which will occur by separate Council action once the subdivision improvements are deemed
complete. The public improvements include the extension of Bullock Lane and the new
frontage improvements along Ranch House Road. The interior access roads/drive aisles,
on-site utilities, and stormwater improvements are private and will be maintained by a
private owners association.
ALTERNATIVES
Deny approval of the final map. Denying approval of the final map is appropriate only
if findings are made that the requirements or conditions of the tentative map have not
been met or performed (Section 66473 of the Subdivision Map Act) or if findings are made
that the final map is not in substantial compliance with the previously approve d tentative
map (Section 66474.1 of the Subdivision Map Act).
ATTACHMENTS
A - Draft Resolution approving Bullock Ranch Tract 3136 Final Map
B - Vicinity Map
C - Tentative Map (Tract 3136)
D - Draft Subdivision Agreement Tract 3136
E - Draft Final Map (Tract 3136)
Page 188 of 415
R _____
RESOLUTION NO. _______ (2025 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO, CALIFORNIA, APPROVING THE FINAL MAP FOR
TRACT 3136, AND AUTHORIZING THE MAYOR TO EXECUTE A
SUBDIVISION AGREEMENT IN A FORM SUBJECT TO THE APPROVAL
OF THE CITY ATTORNEY (3580 BULLOCK LANE, FMAP-0168-2022)
WHEREAS, the City Council made certain findings concerning the vesting tentative
map for Tract 3136, as prescribed in Resolution No. 11299 (2022 Series); and
WHEREAS, the City is actively working with the subdivider on an Affordable Housing
Agreement for proposed transfer of affordable housing units; and
WHEREAS, all the requirements, conditions and mitigation measures of said
Resolution No. 11299 (2022 Series) will be completed or appropriate securities will be in
place prior to map recordation to guarantee their completion; and
WHEREAS, per Condition of Approval 83(g) of Resolution No. 11299, the Developer
is released of the obligation to construct the bike path on Bullock Lane because the City was
unsuccessful in acquiring the necessary Right-of-Way from Union Pacific Railroad needed
to facilitate the construction of the bike path extension by the Developer; and
WHEREAS, Resolution 11514, approved by the City Council on August 20, 2024,
contemplated a phased project and map approvals and approved the Phase 1 Final Map
for Tract 3136 but the project is now proceeding in an unphased manner and the single Final
map is now ready for acceptance; and
WHEREAS, the Orcutt Area Specific Plan and an associated Final Environmental
Impact Report (FEIR) were approved and certified in March 2010. The Bullock Ranch
Vesting Tentative Tract Map #3136 (VTM) was analyzed in a project-specific Initial
Study/Mitigated Negative Declaration (IS/MND), which tiered off the 2010 FEIR. The VTM
was approved and the IS/MND was adopted on January 11, 2022. Both the 2010 FEIR and
subsequent IS/MND constitute the complete environmental determination for the project;
and
WHEREAS, approval of the final map is statutorily exempt under the California
Environmental Quality Act (CEQA) pursuant to Section 15268(b)(3) Ministerial Projects
(approval of final subdivision maps) of Title 14 of the California Code of Regulations (State
CEQA Guidelines), therefore, no further environmental review is required for approval of the
Tract 3136 final map.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. The final map for Tract 3136 is found to be in substantial conformance
with the tentative map.
Page 189 of 415
Resolution No. (2025 Series) Page 2
R _____
SECTION 2. The final map for Tract 3136 does not create new park land, and
developer must pay Orcutt Area Specific Plan (OASP) area Parkland Reimbursement fees
prior to recordation of the Final Map.
SECTION 3. The City Clerk is authorized to accept easement offers for street
rights-of-way, street tree easements, pedestrian access easements, and p ublic utility
easements dedicated on the map upon completion of the improvements to the satisfaction
of the City with the signing of the final map.
SECTION 4. The Mayor is authorized to execute a Subdivision Agreement for
Tract 3136 in a form subject to approval of the City Attorney.
SECTION 5. Approval of the final map for Tract 3136 is hereby granted with the
understanding that minor changes to the final map for technical accuracy and condition
compliance may still be needed. The Public Works Director is authorized to approve these
changes and submit the map for recordation when it is deemed to be complete and all
conditions are mitigation measures are complied with.
SECTION 6. The Mayor and City staff are authorized to take all actions necessary
to carry out the intent of this resolution.
SECTION 7. Environmental Review. The 2010 Final Environmental Impact Report
for the Orcutt Area Specific Plan and the Initial Study/Mitigated Negative Declaration for
Vesting Tentative Tract Map 3136 constitute the complete environmental determination for
the project. Approval of a final map is statutorily exempt under the California
Environmental Quality Act (CEQA) pursuant to Section 15268(b)(3) Ministerial Projects
(approval of final subdivision maps) of Title 14 of the California Code of Regulations (State
CEQA Guidelines). Therefore, no further environmental review is required.
Upon motion of Council Member ___________, seconded by Council
Member ___________, and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _______________ 20 25.
___________________________
Mayor Erica A. Stewart
ATTEST:
______________________
Teresa Purrington
Page 190 of 415
Resolution No. (2025 Series) Page 3
R _____
City Clerk
APPROVED AS TO FORM:
______________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of San Luis Obispo, California, on ______________________.
___________________________
Teresa Purrington
City Clerk
Page 191 of 415
Page 192 of 415
VICINITY MAP
TRACT 3136 NOT TO SCALE
Page 193 of 415
Page 194 of 415
OHOHOHOHOHOHOH
ARVAPN 053-061-053225230235
223224226
227228229
231
231
231
232233233233
234
236
237
2322222232323233332232322322322232223223222232222322323333223322322322232223223233
N 32°01'02" W 231.32'50'50'30'27'100'57'PIPE LINES EASEMENT2348/OR/112SLOPE MAINTENANCE EASEMENT31/OR/409STREET RIGHT-OF-WAYDOC #17-24305PUBLIC ROAD/UTILITYDOC #90-3826022' SEWER EASEMENTDOC #17-24306
(TO BE ABANDONED)PIPE LINES EASEMENT2348/OR/112PUBLIC STREET/UTILITIESDOC #17-25192STORM DRAIN EASEMENTDOC #17-24540TO BE ABANDONEDFOREFFO'03NOITACIDED27' OFFER OFNOITACIDED53.19'204.00'180.00'182.00'152.83'193.42'240.14'59.00'163.47'158.33'79.28'225.00'224.90'79.30'158.34'240.25'222.30'(E) PARCEL LINETO BE DELETEDSTREET IMPROVMENTSPER APPROVED PLANSTYPSTREET IMPROVMENTSPER APPROVED PLANSTYPPROPOSED AIRSPACECONDOMINIUM TYPPHASE 1PHASE 2PHASE 1PHASE 2PHASE 1PHASE 2335,707 SF219,639 SF913,046 SF831,713 SF443,243 SF546,590 SF1134,375 SF1012,118 SF1241,880 SF1350,146 SF1424,199 SF631,713 SF729,424 SF136,851 SFPROPOSED AIRSPACECONDOMINIUM TYP8' PRIVATEDRAINAGEEASEMENT6' DRAINAGE EASEMENT TO
BENEFIT APN 076-481-007
PROPOSED AIRSPACECONDOMINIUM TYPPROPOSED AIRSPACECONDOMINIUM TYPZONED 'MIXED USE/NEIGHBORHOODCOMMERCIAL (SHADED AREA)SPONZA PL'B' STREET'B' STREET'C' STREETCOURT '1'COURT '2'COURT '4'COURT '3'COURT '5'COURT '6''C' STREETCOURT '11'COURT '10'COURT '9'COURT '7'COURT '8'SPONZA PL'A' STREET'A' STREETArchitecture + Planning17911 Von Karman Ave,Suite 200Irvine, CA 92614949.851.2133ktgy.comBullock RanchSAN LUIS OBISPO, CA # 2018-1068Vesting Tentative Tract 3136SEPTEMBER 28, 2021NORTH40 20 0 40 80SCALE: 1" = 40'B U L L O C K L NU P R RProposed Parcel IndexLotPhaseArea (sf)Condominiums1136,85102119,63983134,707104143,243185146,590166131,713127129,424128131,843129113,046810212,118011234,3753012 241,8802413250,1462414 224,19918OFFERS -25,161-TOTAL -475,935192Existing Parcel IndexPriorAPN Gross NetOWNERPRIORCURRENTLOTSFACRESFACREAnderson 076-481-008 004-705-009PORTION LOT133 1/LS/92237,9305.46231,7395.32Evans076-491-008 053-061-053PORTION LOT134 1/LS/92238,0055.46219,9745.05TOTAL475,93510.93451,71310.37SANDPIPER INVESTMENTS (PRATT)APN 004-705-010PEPPERTREE PROPERTIES (JONES)APN 004-709-026, -027, -028TRACT 3066PSSHAPN 053-061-057MUICKAPN 004-705-005TRACT 3044SANDPIPER INVESTMENTS (PRATT)APN 053-061-056TRACT 3111BLANKET EASEMENT NOTE:ALL ON-SITE AREAS EXCEPT BUILDINGS, PRIVATE PATIOS/PORCHES,AND FENCED REAR YARDS ARE RESERVED FOR COMMON USE, PUE,PRIVATE ACCESS, UTILITY, SEWER, WATER, AND DRAINAGE EASEMENTS.PRIVATE RECIPROCALACCESS EASEMENTPRIVATE RECIPROCALPEDESTRIANACCESS EASEMENTTO THE NORTH OF THE OASP CITY OWNS LANDUNDER WESTERN 30 FEET OF BULLOCK LANEPage 195 of 415
Page 196 of 415
1
SUBDIVISION AGREEMENT – TRACT 3136
THIS SUBDIVISION AGREEMENT – TRACT 3136 (“Agreement”) is dated this
______ day of ________________2025 by and between OHC BULLOCK RANCH, LLC, a
Delaware limited liability company, herein referred to as "Subdivider," and the CITY OF
SAN LUIS OBISPO, herein referred to as the "City."
RECITALS
REFERENCE IS HEREBY MADE to that certain proposed subdivision of real
property in the City of San Luis Obispo, County of San Luis Obispo, State of California, a
description of which is shown on the Final Map of Tract 3136, City of San Luis Obispo,
California, as approved by the City Council on the _____ day of ______________, 2025.
The Subdivider desires that said Tract 3136 be accepted and approved as a Final
Map pursuant to the Subdivision Regulations of the City of San Luis Obispo (Title 16 of the
San Luis Obispo Municipal Code), and
It is a condition of said regulations that the Subdivider agree to install the
improvements set forth in this Agreement.
TERMS AND CONDITIONS:
In consideration of the foregoing, the Subdivider, or assignee, does hereby agree to
construct and install the following subdivision improvements (collectively, the
“Improvements”), in accordance with said subdivision regulations and the approved plans
and specifications dated ____________ ______, 2025 which are on file in the office of the
City Engineer, to wit:
1. CURB, GUTTERS AND SIDEWALKS
2. STREET BASE AND SURFACING
3. WATER MAINS and SEWER MAINS, including sewer laterals to the property line
Page 197 of 415
2
and water services to the curb stop.
4. LANDSCAPING
5. DRAINAGE STRUCTURES
6. STREET LIGHTS
7. ELECTRIC, GAS, TELEPHONE AND CABLE TELEVISION: In addition to the
inspection and approval of such facilities by the City, each public utility shall be
required to file a letter stating that the Subdivider has properly installed all facilities
to be provided by him, and that the said utility is prepared to provide service to
residents upon request.
8. ANY & ALL OTHER IMPROVEMENTS shown on plans or required by Resolution
Number 11299 approved by the City Council on January 11, 2022 (“Project
Approvals”).
All of the Improvements shall be installed per the plans and specifications referenced
above and any modifications thereto approved by the City Engineer (the “Approved
Plans”).
The lines and grades for all of said Improvements shall be established by the
Subdivider in accordance with the Approved Plans.
The Subdivider agrees that the work of installing the Improvements shall begin
within Ninety (90) days from the date of recording of the Tract 3136 final map, and that the
work shall be completed within Twenty-Four (24) months of said recording date, unless an
extension has been granted by the City; the grant of any such extension shall not be
unreasonably withheld by the City. Subdivider further agrees to annually renew the
securities guaranteeing the Improvements until such time as the Improvements are
complete and accepted by the City. It is further provided that if completion of said work is
delayed by acts of God or labor disputes resulting in strike action, the Subdivider shall
have an additional period of time equivalent to such period of delay in which to complete
such work. Any extension of time hereunder shall not operate to release the securities
Page 198 of 415
3
filed with the City pursuant to this Agreement. In this connection, the surety waives the
provisions of Section 2819 of the Civil Code of the State of California.
The Subdivider does also agree to comply with the conditions of approval set forth
in the Project Approvals. Subdivider has paid the necessary fees as indicated on the
attached Exhibits 1 and 2.
The setting of new survey monuments or resetting of disturbed monuments shall be
in accordance with Article 5, paragraph 8771 et seq., of the Professional Land Surveyors
Act, Chapter 15 of the Business and Professions Code of the State of California.
The Subdivider attaches hereto, as an integral part hereof, and as security for the
faithful performance of this Agreement, instrument(s) of credit or bond approved by and in
favor of the City of San Luis Obispo, and conditioned upon the faithful performance of
this Agreement. As shown in Exhibit 2, said instrument(s) of credit or bond shall be in the
amount of $2,967,700 for the public portion of the Improvements and $9,024,834.45
for the private portion of the Improvements.
Completion of the work shall be deemed to have occurred on the date which the
City Council shall, by resolution duly passed and adopted, accept said Subdivision
Improvements according to the Subdivision Plans and Specifications, and any approved
modifications thereto. Neither periodic nor progress inspections or approvals shall bind the
City to accept the Improvements or waive any defects in the same or any breach of this
Agreement.
Subdivider agrees to remedy any defects in the Improvements arising from faulty
workmanship or materials or defective construction of: (a) the public portion of the
Improvements occurring within twelve (12) months after Final Acceptance; and, (b) the
private portion of the Improvements occurring within twelve (12) months after Final
Page 199 of 415
4
Inspection. In accordance with Sections 66499.7 and 66499.9 of the Government Code of
the State of California, upon final completion and acceptance of the work, City will release
all but 10% of the improvement security, that amount being deemed sufficient to guarantee
faithful performance by the Subdivider of his obligation to remedy any defects in the
Improvements arising within a period of one year following the completion and acceptance
thereof.
If the Subdivider fails to complete the Improvements within the prescribed time, the
Subdivider agrees that City may, at its option, declare any instrument of credit or bond
which has been posted by Subdivider to guarantee faithful performance, forfeited and
utilize the proceeds to complete the Improvements, or City may complete said
Improvements and recover the full cost and expense thereof from the Subdivider or its
surety.
The Subdivider has deposited with the City a labor and materials surety or
sureties in the amount of 50% of the above-described subdivision improvements
($1,483,850 and $4,512,417.23) in accordance with State law.
Said Subdivider shall pay an inspection fee for City to inspect the installation of said
Improvements, and to verify that they have been completed in accordance with the
Approved Plans.
If off-site dedication of property is necessary to facilitate the construction of the
required Improvements, the Subdivider and City shall adhere to the requirements of the
Project Approvals with regards to acquiring said off-site dedication.
Pursuant to Government Code Section 66474.9(b), the Subdivider shall defend,
indemnify and hold harmless the City and/or its agents, officers and employees from any
claim, action or proceeding against the City and/or its agents, officers or employees to
Page 200 of 415
5
attack, set aside, void or annul, the approval by the City of this subdivision, and all actions
relating thereto, including but not limited to environmental review (“Indemnified Claims”).
The City shall promptly notify the Subdivider of any Indemnified Claim upon being
presented with the Indemnified Claim and City shall fully cooperate in the defense against
an Indemnified Claim.
It is understood and agreed by and between the Subdivider and the City hereto that
this Agreement shall bind the heirs, executors, administrators, successors and assigns of
the respective parties to this Agreement.
[signatures on following page]
Page 201 of 415
6
IN WITNESS WHEREOF, this Agreement has been executed by:
SUBDIVIDER
OHC BULLOCK RANCH, LLC,
a Delaware limited liability company
By:____________________________
Troy Wahlberg,
Senior Vice President
CITY OF SAN LUIS OBISPO
MAYOR Erica A. Stewart
ATTEST:
CITY CLERK Teresa Purrington
APPROVED AS TO FORM:
CITY ATTORNEY Christine Dietrick
Page 202 of 415
7
EXHIBIT 1
TRACT 3136 PHASE 1
SUBDIVISION AGREEMENT
1. The Subdivider shall deposit a monumentation security in the amount of $12,400 to
guarantee the installation of survey monuments in accordance with the approved map and
payment for same. Said guarantee will be released once the installation of monuments has
been verified and that existing monuments have not been disturbed, and upon receipt by the
City of a letter from the Surveyor indicating that they have completed the work and have
been paid. Subdivider shall adhere to the requirements of California Business and
Professions Code Section 8771 with regards to monument preservation. The monumentation
security also guarantees the replacement of any monuments that were disturbed during
construction, along with filing of Records of Survey or Corner Records required by said
Section 8771.
2. Parkland Reimbursement Payment is to be paid prior to final map recordation in the amount
of $844,800. Refer to Exhibit 2 for details.
3. Public Infrastructure Reimbursement Payment is to be paid prior to final map recordation in
the amount of $121,377 plus 2% interest per year. Refer to Exhibit 2 for details.
4. Reimbursement/ Credit Agreement Fee is to be paid prior to final map recordation in the
amount of $42,793.37. Refer to Exhibit 2 for details.
5. The Subdivider shall pay a roadway maintenance fee to satisfy the roads maintenance
requirements of the City, specifically maintenance caused by a surplus of heavy vehicles
during the temporary construction activities of the project. The fee of $15,000 was
estimated and approved by the City Engineer in accordance with City Engineering
Standards and guidelines.
6. The subdivider shall comply with all requirements of City Council Resolution No. 11299
and Council Resolutions related to approval of the tentative map, approving the Orcutt
Area Specific Plan, and certifying the Final Environmental Impact Report. (3580/3584
BULLOCK LANE FILE #ARCH-0489-2019, SBDV-0490-2019, EID-0345-2020)
Page 203 of 415
8
EXHIBIT 2
TRACT 3136 - FEE AND BOND LIST,
BULLOCK LANE
Bonds and Guarantees:
Amount Form Date
Received
Bond Release Status
Faithful Performance:
1. OFF-SITE IMPROVEMENTS (PIPs)
(FMAP-0177-2022)
$2,967,700 Bond Based on Engineer’s estimate of
probable cost. To be released upon Final
Acceptance.
2. ON-SITE IMPROVEMENTS
(FMAP-0177-2022)
$9,024,834.45
Bond Based on Engineer’s estimate of
probable cost. To be released upon Final
Inspection.
3. Monument Guarantee $12,400
Bond
or CD
To be released upon verification that
monuments have been set and surveyor
has been paid.
Labor & Materials (50% of cost of each of the
above improvements)
1. OFF-SITE IMPROVEMENTS (PIPs)
(FMAP-0177-2022)
$2,967,700 / 2
= $1,483,850
Bond Based on Engineer’s estimate of
probable cost, divided by two.
2. ON-SITE IMPROVEMENTS
(FMAP-0177-2022)
$9,024,834.45 / 2
= $4,512,417.23
Bond Based on Engineer’s estimate of
probable cost, divided by two.
10% Warranty To be collected prior to release of
Faithful Performance Bonds
To be released one-year after Final
Acceptance or Final Inspection as
applicable, if no defects, and approval of
record drawings.
Page 204 of 415
9
Fees:
Amount Form Date
Received
Status
1. Map Check Fee (Paid)
$18,562.00 Check 2022 Paid
(covers original map check)
Additional Map Check Fee (Paid)
$11,200.00 Check December
2023
Paid
2.
Improvement Plan check Fees
For all on-site and off-site applicable
items from case FMAP-0177-2022
$102,114.55
Check
May 2023
PAID IN FULL, MAY 2023
Based on approved construction
estimates
(covers whole Tract 3136 site)
Phase 1 Plan check Fees
(additional fee for splitting into two
phases)
For all on-site and off-site applicable
items from case FMAP-0177-2022
$27,300.00 Check
December
2023
PAID IN FULL, December 2023
Based on approved construction
estimates
(covers Phase 1 and future Phase 2, but
for this subdivision agreement the
phases are put together and phases no
longer apply)
3. Planning Fees for ARCH-0489-2019 $10,619.22
Pay prior to map recordation. Invoiced
11/21/23
4.
Construction Inspection Fees
For all of on-site and off-site applicable
items from case FMAP-0177-2022
$421,227.24
Based on approved construction
estimates.
(covers whole Tract 3136)
5. Roadway Maintenance Fee $15,000
To be deposited in Acct # 40050300-
90346953 Streets Reconstruction and
Resurfacing Master per Public Works
Director
(covers whole Tract 3136)
6. Reimbursement/Credit Agreement Fee
(Developer is eligible for fee credits for
construction of improvements which are
also included in City’s fee program.
Credit Agreement is required.)
$42,793.37
Pay current fee in effect prior map
recording for Tract 3136.
(Staff previously worked with
developers which resulted in a draft
agreement. Payment of fee for services
already performed is still outstanding.)
NOTE: The fee must be paid, a Credit
Agreement must be approved by City
Council, and the Agreement must be
fully executed prior to the first building
permit issuance to receive any fee
credits.
Page 205 of 415
10
7. Parkland Reimbursement Payment:
(Parkland dedicated by Righetti Ranch,
LP. Bullock Ranch is benefiting property
and required to make “Reimbursement
Payment” to Righetti Ranch, under the
Parkland Reimbursement Agreement
between City and Righetti Ranch, L.P.)
$844,800
$4,400/ unit per updated Table 9 of the
OASP PFFP (R-10850, 2017 Series).
Tract 3136 total unit count is 192.
Amount covers all units in Tract 3136.
Due at time of recording subdivision
map for Tract 3136. City to deposit to
GL 725.9104.44316 and pass-through
funds received to Righetti Ranch, LP.
8. Public Infrastructure Reimbursement
Payment:
(Righetti Ranch, LP installed public
infrastructure in greater size and capacity
than required. Bullock Ranch is
benefiting property and required to make
“Infrastructure Reimbursement Payment”
under the Infrastructure Reimbursement
Agreement between City and Righetti
Ranch, L.P.)
$121,377 + 2%
interest per year
Interest calculated from the date City
accepted the public improvements,
10/22/2019, to date developer pays the
fee.
$2,427.54/ year
$202.30/ month
$6.65/ day
Due at time of recording subdivision
map for Tract 3136. City to deposit to
GL 724.9104.44316 and pass-through
funds received to Righetti Ranch, LP.
Impact Fees:
Transportation Impact Fees:
OASP Base Transportation Impact
Fee (vested after 7/1/2018)
OASP Subarea Add-on
Transportation Impact Fee (vested
after 7/1/2018)
$TBD/ unit
$TBD/ unit
Pay current fees in effect based on
permit application date at time of
building permit issuance. Applies to
residential and commercial units.
Utility Impact Fees:
Water Impact Fee
Wastewater Impact Fee
$TBD/ unit
$TBD/ unit
Pay current fees in effect based on
permit application date at time of
building permit issuance. Applies to
residential and commercial units.
Parkland Impact Fees:
Parkland Development Impact Fee
Impact (Orcutt Area)
$TBD/ unit
Pay current fees in effect based on
permit application date at time of
building permit issuance. Applies to
residential units only.
Emergency Services Impact Fees:
Police Impact Fee
Fire Impact Fee
$TBD/ unit
$TBD/ unit
Pay current fees in effect based on
permit application date at time of
building permit issuance. Applies to
residential and commercial units.
9. Affordable Housing Requirements See Affordable
Housing
Agreement
Page 206 of 415
Page 207 of 415
Page 208 of 415
Page 209 of 415
Page 210 of 415
Page 211 of 415
Page 212 of 415
Item 6j
Department: Human Resources
Cost Center: 3001
For Agenda of: 10/21/2025
Placement: Consent
Estimated Time: N/A
FROM: Nickole Domini, Human Resources Director
Prepared By: Kate Auslen, Risk and Benefits Manager
SUBJECT: AUTHORIZATION TO ADVERTISE REQUEST FOR PROPOSALS (RFP)
FOR A DEFERRED COMPENSATION PLAN CONSULTANT AND
FIDUCIARY INVESTMENT ADVISOR; AUTHORIZATION TO ADVERTISE
A SUBSEQUENT RFP TO CONSOLIDATE RECORDKEEPING
SERVICES
RECOMMENDATION
1. Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis
Obispo, California, Designating the City Manager as Plan Administrator for Deferred
Compensation Plans” (Attachment A).
2. Authorize the Director of Human Resources to advertise a Request for Proposals
(RFP) for a Deferred Compensation Consultant (Attachment B);
3. Authorize the Director of Human Resources to advertise a RFP for a Deferred
Compensation Recordkeeper, via the selected Consultant (Attachment C); and
4. Authorize the City Manager to execute professional services agreements with the
selected consultant and selected recordkeeper.
POLICY CONTEXT
The City of San Luis Obispo (“City”) has offered its employees voluntary participation in
deferred compensation retirement plans (“Plans”) since 1979 (Resolution No. 3875).
Additional plan options have been added over the years, and the City has provided
oversight of the Plans through annual plan reviews. In alignment with the Council adopted
Compensation Philosophy (Resolution No. 10248 – 2011 Series), the City is committed
to attracting and retaining well qualified employees by offering competitive compensation.
As part of the Human Resources Department’s work plan, enhancements to t he City’s
benefits program offerings are being pursued.
The City’s Financial Management Manual, Section 202, requires City Council approval
for purchases or contracts at or exceeding $150,000. It is unclear, but possible, that this
project is subject to the requirements of Section 202 because the total amount paid to the
consultant may exceed $150,000 over the course of the five -year term of the agreement,
though these costs are paid by employees and not the City directly. Out of caution, this
item is being presented for City Council approval.
Page 213 of 415