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HomeMy WebLinkAbout07-21-2026 Agenda Packet City Council AGENDA Tuesday, July 21, 2026, 5:30 p.m. Council Chambers, 990 Palm Street, San Luis Obispo Council Meetings are now held in a hybrid format, which means participation is allowed both in- person and virtually through teleconference. For a complete list of ways to view/participate in meetings, review the Participation Guide. In person attendees of City Council or Advisory Body meetings are eligible to receive one hour of complementary parking; restrictions apply, visit Parking for Public Meetings for more details. Agendas and Staff Reports: Agendas and staff reports for regular meetings are commonly posted one week in advance of the meeting date. Staff Agenda correspondence regarding questions from Council received after the staff reports are published will be posted by 1:00 PM on the day of the meeting. Contact the City Clerk's Office with questions by emailing cityclerk@slocity.org. ONLINE PARTICIPATION: Zoom: To join the Regular Meeting, click this link https://slocity.zoomgov.com/j/1651630886 on any computer or mobile device. Telephone: Call 1-669-254-5252 and enter the Meeting’s ID # 165 163 0886 to join by telephone audio only. Public Comment during the meeting: In person public comment: Fill out a speaker card and give it to the City Clerk. Online public comment: Use the Zoom “raise your hand” button or telephone call in press *9 on your telephone (*6 to unmute/mute) when the comment period on your item of interest begins. You will be notified when you’ve been unmuted and it’s your turn to speak.: Public Comment prior to the meeting (must be received 3 hours before the start of the meeting. Correspondence received before the meeting will not be read aloud during the meeting): Email - Submit to emailcouncil@slocity.org. In the subject line, please include the date of the meeting and the item number (if applicable). Mail - Address letters to the City Clerk's Office at 990 Palm Street, San Luis Obispo, California, 93401. Voicemail - Call (805) 781-7164 and leave a voicemail. Please state and spell your name, the agenda item number, and leave your comment. *All correspondence will be publicly archived and distributed to councilmembers; however, submissions received after the deadline may not be processed until the following day. Pages 1.CLOSED SESSION (4:00 PM START) Please click the link below to join the Closed Session for Public Comment: https://slocity.zoomgov.com/j/1651630886 Or call 1-669-254-5252 Webinar ID: 165 163 0886 1.a CALL TO ORDER Mayor Erica A. Stewart will call the Closed Session of the San Luis Obispo City Council to order at 4:30 PM in the Council Hearing Room at City Hall, 990 Palm Street, San Luis Obispo. 1.b CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) and paragraphs (2) and (3) of subdivision (e) of California Government Code Section 54956.9: No. of potential cases: One. The facts and circumstances related to the exposure to litigation arise from allegations related to the potential application of the City’s recent Mobile Home Park Rent Stabilization Ordinance amendments to existing long term leases. The facts and circumstances are set forth in greater detail in correspondence from a mobile home park resident advocate, as well as mobile home park owner representative and legal counsel for that park representative, received by the City Council, which are on file and available for review upon request to the City Clerk. 1.c CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION Pursuant to paragraph (1) of subdivision (d) of California Government Code Section 54956.9. Name of case: Michael Loew v. City of San Luis Obispo, Whitney McDonald, Scott Collins, Timothea Tway, and Christine Dietrick, San Luis Obispo Superior Court Case No. 26CV-0365 1.d ADJOURNMENT The Council will hold a Regular Meeting of the San Luis Obispo Council in the Council Chambers at City Hall, 990 Palm Street, San Luis Obispo. 2.CALL TO ORDER Mayor Erica A. Stewart will call the Regular Meeting of the San Luis Obispo City Council to order. 3.PLEDGE OF ALLEGIANCE Council Member Mike Boswell will lead the Council in the Pledge of Allegiance. 4.PRESENTATIONS 4.a INTRODUCTION AND OATH OF OFFICE - FIRE CHIEF RANDY HARRIS City Manager Whitney McDonald will introduce Fire Chief Harris. City Clerk Teresa Purrington will administer the Oath of Office. 4.b SAN LUIS OBISPO COUNTY 2026 POINT-IN-TIME COUNT UPDATE Receive and file a presentation from SLO County’s Homeless Services Division on the 2026 Point-in-Time Count, including City of SLO and Countywide data. 4.c CITYWIDE SINGLE VOTE COMMUNICATIONS UPDATE The Council will received an update on communications outreach for Citywide Single Vote. 4.d CITY MANAGER REPORT Receive a brief report from City Manager Whitney McDonald. 5.PUBLIC COMMENT PERIOD FOR ITEMS NOT ON THE AGENDA Not to exceed 15 minutes. The Council welcomes your input. State law does not allow the Council to discuss or take action on issues not on the agenda, except that members of the Council or staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights (Gov. Code sec. 54954.2). Staff may be asked to follow up on such items. 6.CONSENT AGENDA Not to exceed 15 minutes. Matters appearing on the Consent Calendar are expected to be non-controversial and will be acted upon at one time. A member of the public may request the Council to pull an item for discussion. Pulled items shall be heard at the close of the Consent Agenda unless a majority of the Council chooses another time. The public may comment on any and all items on the Consent Agenda within the three-minute time limit. Recommendation: To approve Consent Calendar Items 6a to 6k. 6.a WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES Recommendation: Waive reading of all resolutions and ordinances as appropriate. 6.b MINUTES REVIEW - MAY 26, 2026 SPECIAL MEETING AND JUNE 16, 2026 REGULAR CITY COUNCIL MINUTES 13 Recommendation: Approve the minutes of the City Council meeting held on May 26, 2026 and June 16, 2026. 6.c ADVISORY BODY APPOINTMENT FOR AN UNSCHEDULED VACANCY ON THE HOUSING AUTHORITY BOARD 27 Recommendation: Confirm the appointment of William Bartlett to the Housing Authority Board (HAB) for the remainder of the vacated term ending on June 30, 2027. 6.d ANNUAL CANNABIS BUSINESS PROGRAM UPDATE 31 Recommendation: Receive an update on the City’s Cannabis Business Program. 6.e ADOPTION OF FY 2026-27 COMMUNITY PROMOTION PROGRAMS FOR TOURISM BUSINESS IMPROVEMENT DISTRICT (TBID) AND PROMOTIONAL COORDINATING COMMITTEE (PCC) 37 Recommendation: As recommended by the Tourism Business Improvement District (TBID) Board and the Promotional Coordinating Committee (PCC): Authorize the City Manager to enter into program expenditures and various contracts for the TBID not to exceed the 2026-27 projected revenue of $1,952,383 (excludes administration overhead and staffing costs), based on the recommendations by the TBID Board; 1. This includes, but is not exclusive of, approval of the funding of the first year of an extended two-year contract with Noble Studios for marketing services in the amount of $1,250,000; a. The funding of the contracts with the SLO Chamber ofb. Commerce for Guest Services and Public Relations in the amount of $148,000; and The funding of the contract with Badger Branding for content marketing services in the amount of $107,700; and c. Authorize the City Manager to use the TBID Fund Balance of $1,630,929 for tourism marketing expenditures in FY 2026-27 in accordance with City policy; and 2. Approve amendments to Article 7 in TBID’s Bylaws to reflect an increase in fund reserve from $100,000 to 20% of projected annual revenue; and 3. Authorize the City Manager to enter into various contracts and program expenditures for Community Promotions not to exceed the FY 2026-27 program budget of $352,000 (excludes staffing costs) based on the recommendations by the PCC; 4. This includes the funding of the contracts with the SLO Chamber of Commerce for Guest Services, Public Relations, and Cultural Arts & Community Promotions (CACP) Grant Marketing Support in the amount of $194,250; a. The FY 2026-27 CACP allocations in the amount of $100,000 and authorization to execute individual agreements with each grant recipient; b. Additionally, authorize the City Manager or her designee to modify allowed uses of grant funding when executing contracts for the FY 2026-27 CACP grant recipients in cases where the grantee’s specific line items in their proposed marketing or advertising plan has shifted but retains its overall intended purpose; and c. Authorize the City Manager or her designee to use discretion in accepting or rejecting submitted expenses from the FY 2026-27 CACP grant recipients, up to the approved grant amount for each recipient, while ensuring overall purpose and intent remains consistent with recommendations from the Promotional Coordinating Committee and approval by City Council. Grantees must notify staff of any requested deviation in the use of funds in advance of the expenditure, and staff will bring any substantial deviations back to the PCC for consideration. d. 6.f FREEWAY MAINTENANCE AGREEMENT AND PROJECT SPECIFIC MAINTENANCE AGREEMENT WITH THE STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION 73 Recommendation: Adopt a draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, authorizing execution of a Freeway Maintenance Agreement with Caltrans for portions of State Route 101 within the City limits”; and 1. Adopt a draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, authorizing execution of a Project-Specific Maintenance Agreement with Caltrans for portions of State Highway Route 1 within the City limits.” 2. 6.g SELECTION OF VOTING DELEGATE AND ALTERNATES FOR THE 2026 LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE 147 Recommendation: Appoint Council Member Mike Boswell as the Voting Delegate and Council Member Jan Marx as Alternate Voting Delegate to vote on the City’s behalf at the Annual Business Meeting of the League of California Cities on Thursday, September 24, 2026. 6.h 2026 ANNUAL MONITORING FOR THE SAN LUIS RANCH DEVELOPMENT AGREEMENT, MITIGATION MEASURES, AND PROJECT CONDITIONS 149 Recommendation: Receive and file the 2026 annual monitoring report for the San Luis Ranch Development Agreement, mitigation measures, and required project conditions. 6.i 2026 ANNUAL MONITORING FOR THE AVILA RANCH DEVELOPMENT AGREEMENT, MITIGATION MEASURES, AND PROJECT CONDITIONS 223 Recommendation: Receive and file the 2026 annual monitoring report for the Avila Ranch Development Agreement, mitigation measures, and required project conditions. 6.j CONSIDER PARTICIPATING IN THE URBAN COUNTY OF SAN LUIS OBISPO, OVERSEEN BY THE COUNTY OF SAN LUIS OBISPO, FOR THE 2027-2029 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM CYCLES 297 Recommendation: Adopt a draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, Approving the Participation in the San Luis Obispo Region Urban County, Overseen by the County of San Luis Obispo, for the 2027-2029 Community Development Block Grant Federal Program Cycles”; and 1. Authorize the City Manager to sign the 2027-2029 Cooperation Agreement to participate in the San Luis Obispo Region Urban County. 2. 6.k POLICE DEPARTMENT GRANT APPLICATIONS FOR FY 2026-27 317 Recommendation: Authorize the Police Department to submit grant applications to the following agencies: a. California Highway Patrol Cannabis Tax Fund Grant Program in an amount of $134,200; b. COPS Hiring Program Grant in an amount of $125,000 1. If the California Highway Parol Cannabis Tax Fund grant is awarded, authorize the City Manager and Chief of Police to execute related grant documents and authorize the Finance Director to make necessary budget adjustments upon the award of the grant. 2. Authorize staff to suspend and remove funding for the current School Resource Officer position, due to the loss of revenue from the San Luis Coastal Unified School District. 3. Adopt a draft resolution entitled, “A Resolution of the Council of the City of San Luis Obispo, California, accepting a grant award provided through the California Highway Patrol Cannabis Tax Fund Grant Program to increase education, prevention and enforcement programs focusing on driving under the influence of alcohol and other drugs and authorizing the City Manager and Chief of Police to execute all related grant documents”. 4. 7.LIAISON REPORTS AND COMMUNICATIONS Not to exceed 15 minutes. Council Members report on subcommittee assignments, listed below, and other City activities. At this time, any Council Member or the City Manager may ask a question for clarification, make an announcement, or report briefly on their activities. In addition, subject to Council Policies and Procedures, they may provide a reference to staff or other resources for factual information, request staff to report back to the Council at a subsequent meeting concerning any matter or take action to direct staff to place a matter of business on a future agenda. (Gov. Code Sec. 54954.2) Mayor Stewart Vice Mayor Francis Council Member Boswell Council Member Marx Council Member Shoresman SLO Council of Governments Airport Land Use Community Action Partnership Air Pollution Control District CP Campus Planning Committee Regional Economic Action Coalition Nacimiento Water Project SLO Climate Coalition County Water Resources Advisory Committee Downtown Association Board CA Men’s Colony Advisory Committee Zone 9 Advisory Committee Local Agency Formation Commission Homeless Services Oversight Committee Performing Arts Center Commission Integrated Waste Management Authority SLO Regional Transit Authority Visit SLO County Advisory Committee Central Coast Clean Energy 8.ADJOURNMENT The next Regular Meeting of the City Council will be held on August 4, 2026 at 5:30 p.m. in the Council Chambers at City Hall, 990 Palm Street, San Luis Obispo. LISTENING ASSISTIVE DEVICES for the hearing impaired - see the Clerk. The City of San Luis Obispo wishes to make all of its public meetings accessible to the public. Upon request, this agenda will be made available in appropriate alternative formats to persons with disabilities. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such request to the City Clerk’s Office at (805) 781-7114 at least 48 hours before the meeting, if possible. Telecommunications Device for the Deaf (805) 781-7410. City Council meetings are televised live on Charter Channel 20 and the City's YouTube Channel: www.youtube.com/CityofSanLuisObispo. Agenda related writings or documents provided to the City Council are available for public inspection in the City Clerk’s Office located at 990 Palm Street, San Luis Obispo, California during normal business hours, and on the City’s website https://www.slocity.org/government/mayor-and-city-council/agendas-and- minutes. Persons with questions concerning any agenda item may call the City Clerk’s Office at (805) 781-7114. Page 12 of 322 1 Council Minutes May 26, 2026, 5:30 p.m. Council Chambers, 990 Palm Street, San Luis Obispo Council Members Present: Council Member Mike Boswell, Council Member Jan Marx, Council Member Michelle Shoresman, Vice Mayor Emily Francis, Mayor Erica A. Stewart City Staff Present: City Manager Whitney McDonald, Christine Dietrick, City Attorney, Teresa Purrington, City Clerk _____________________________________________________________________ 1. CLOSED SESSION (4:45 START) 1.a 1. CALL TO ORDER 1.b CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION ACTION: City Attorney Christine Dietrick reported that the Council met in Closed Session regarding conference with legal counsel on anticipated litigation regarding liquidated damages on a construction project details are on file with the City Clerk’s office and there was no reportable action taken. 1.c ADJOURNMENT 2. CALL TO ORDER A Special Meeting of the San Luis Obispo City Council was called to order on May 26, 2026 at 5:30 p.m. at Council Chambers, 990 Palm Street, San Luis Obispo, by Mayor Stewart. 3. PLEDGE OF ALLEGIANCE Mayor Stewart led the Council in the Pledge of Allegiance. 4. PUBLIC COMMENT FOR ITEMS ON THE AGENDA ONLY 5. STUDY SESSION 5.a CODE ENFORCEMENT PRIORITIES – SAFE AND LIVABLE NEIGHBORHOODS AND HOUSING (180 MINUTES) Page 13 of 322 2 Timmi Tway, Community Development Director and Joh Mezzapesa, Code Enforcement Supervisory provided an in-depth staff report and responded to Council questions. Public Comments: Laurel Smith Renoda Campbell Donelle DuFault Zach Quattrocchi Dominic Alonso Alec Sanchez Ben Pfaff Matthew Dysart Nathan Burke Ashton Robbins Neal Parthsarathy Eliran Solmon Joshua Pinsky Sofia Zimkowski Ela Wajewoda Sue Olivas Bruno Givffrida Kari Howell Brett Cross Rhianna Duri Sherry Lin Lean Burnett Julia Alber Terrance Harris Courtney Kienow Gerri Clemens Tyler Coari Garrett Philbin Thomas Burt Lisa Jouet Jenn Fields Rachel Whalen Karen Adler Tim Townley Russell Hall Shannon Larrabee Kathy Walker Steve Delmartini Carolyn Smith ---End of Public Comment- -- The Council received a presentation on the City’s Code Enforcement program, took public testimony, and provided the following direction to staff: Keep current code enforcement response priorities and goal timelines in place.  What this looks like: Continuing to prioritize life‑safety issues, safe housing, and high‑impact cases while maintaining existing service level targets. Staff will continue to monitor case timelines and trends. Consider exploring changes to the code enforcement fine structure and fines.  What this may look like: Staff will conduct a review of existing fine structures and fines as well as recent changes in state law to Page 14 of 322 2 determine if there are changes that are warranted to clarity and/or effectiveness. Changes to the fine structure may come f orward as part of a work plan item for next budget cycle. Any changes would involve public hearings/outreach. Pursue internal work to identify efficiencies in the code enforcement team and processes to improve capacity as cases continue to rise  What this may look like: Staff will review workflows to reduce bottlenecks, identify areas where we can documentation and case tracking, evaluate technology tools, and assessing staffing structure to maximize capacity. Staff will identify opportunities to streamline processes and strengthen consistency, especially related to some of our most frequently addressed issues (shopping carts, etc.) Continue to enforce existing Greek house‑related violations  What this may look like: We will continue to enforce our municipal code related to Greek housing when we receive complaints and/or concerns, ensuring consistent application of existing regulations, and providing clear communication to Greek organizations about expectations and compliance timelines. We will continue to work with Cal Poly to determine how to best get information to Fraternity and Sorority members about how to comply with the code. Consider a work plan item for the next budget cycle to explore changes to Greek house‑related regulations (requires public meetings and hearings)  What this may look like: This would involve a work plan item to be considered for next budget cycle. It would include reviewing current Greek house regulations, identifying gaps or enforcement challenges, engaging stakeholders, and developing potential regulatory updates for Council consideration. This would involve multiple opportunities for public engagement and meetings. Continue to focus on safe housing issues and address them as a high priority  What this looks like: Prioritizing inspections and enforcement for substandard housing when complaints are received. Staff will continue to push information out about code enforcement as a resource for safe housing concerns. Page 15 of 322 3 Consider a future discussion on banning smoking in multifamily buildings  What this may look like: If resources allow, this may be offered for consideration for inclusion as a work program item for CDD during the next budget cycle. 6. ADJOURNMENT The meeting was adjourned at 11:00 p.m. The next Regular Meeting of the City Council will be held on June 2, 2026 at 5:30 p.m. in the Council Chambers at City Hall, 990 Palm Street, San Luis Obispo. APPROVED BY COUNCIL: XX/XX/202X Page 16 of 322 1 Council Minutes June 16, 2026, 5:30 p.m. Council Chambers, 990 Palm Street, San Luis Obispo Council Members Present: Council Member Mike Boswell, Council Member Jan Marx, Council Member Michelle Shoresman, Vice Mayor Emily Francis, Mayor Erica A. Stewart City Staff Present: City Manager Whitney McDonald, Christine Dietrick, City Attorney, Teresa Purrington, City Clerk _____________________________________________________________________ 1. CLOSED SESSION (4:00 PM START) 1.a CALL TO ORDER 1.b CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Mayor Stewart declared a conflict on this item. (Due to a potential conflict of Government Code Section 87100.) City Attorney Christine Dietrick indicated that the Council met in Closed Session regarding anticipated litigation and there was no reportable action taken. 1.c CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION City Attorney Christine Dietrick indicated the Council met in Closed Session regarding anticipated litigation regarding allegations challenging the validity of impact fees as noted on the agenda. There was no reportable action taken, only direction on settlement discussions but no final action. 1.d CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Council Member Marx declared a conflict on this item. (Due to owning a mobile home in the city which is occupied by her daughter,) City Attorney Christine Dietrick indicated that the Council met in Closed Session regarding anticipated litigation related to various allegations about Page 17 of 322 2 the applicability and litigation threats regarding retroactivity around our mobile home park stabilization Ordinance Amendments. There was no reportable action taken. 1.e CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Vice Mayor Francis declared a conflict on this item. (Due to a potential conflict under Government Code Section 87100.) City Attorney Christine Dietrick indicated that the Council met in Closed Session regarding anticipated litigation and there was no reportable action taken. 1.f ADJOURNMENT Closed Session adjournment at 6:00 PM to the Regular City Council meeting. 2. CALL TO ORDER A Regular Meeting of the San Luis Obispo City Council was called to order on June 16, 2026 at 6:00 p.m. in the Council Chambers, 990 Palm Street, San Lu is Obispo, by Mayor Stewart. 3. PLEDGE OF ALLEGIANCE Council Member Shoresman led the Council in the Pledge of Allegiance. 4. PRESENTATIONS 4.a JUNETEENTH PROCLAMATION Mayor Stewart read a proclamation declaring June 20, 2026, as Juneteenth Day. 4.b ADVISORY BODY RECOGNITION Mayor Stewart presented Certificates of Recognition to Robert Jorgensen, Planning Commissioner and Tony Skapinsky Citizen Revenue Enhancement Oversight Commissioner for completing two full terms on their Advisory Body. Also recognized was Robin Kisinger, Mass Transportation Committee Member who was unable to attend the meeting. 4.c CITY MANAGER REPORT City Manager Whitney McDonald provided a report on upcoming projects. Page 18 of 322 3 5. PUBLIC COMMENT PERIOD FOR ITEMS NOT ON THE AGENDA Public Comment: Gerri Clemens Jesse Arnold Fitzgerald Kelly Shawn Harris Bruce Judson --End of Public Comment-- 6. CONSENT AGENDA Council Member Shoresman requested that Item 6i be pulled from the Consent Agenda for discussion. Public Comment: Nathan Rubinoff - Item 6c --End of Public Comment-- Motion By Council Member Marx Second By Council Member Shoresman To approve Consent Calendar Items 6a to 6h. Ayes (5): Council Member Boswell, Council Member Marx, Council Member Shoresman, Vice Mayor Francis, and Mayor Stewart CARRIED (5 to 0) 6.a WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES Waive reading of all resolutions and ordinances as appropriate. 6.b MINUTES REVIEW - JUNE 2, 2026 COUNCIL MINUTES Approve the minutes of the City Council meeting held on June 2, 2026. 6.c 2026 ANNUAL APPOINTMENTS TO CITY ADVISORY BODIES As recommended by the Council Liaison Subcommittees, make appointments to the City of San Luis Obispo’s Advisory Bodies and continue to recruit for any unfilled vacant positions. 6.d REVIEW OF APPLICATION TO DESIGNATE 207 BROAD STREET AS A HISTORIC LANDMARK Page 19 of 322 4 Adopt Resolution No. 11659 (2026 Series) entitled “Resolution by the City Council of the City of San Luis Obispo, California, designating the Property Located at 207 Broad Street as a Landmark Historic Resource, called the Gary Cully House and John Wilshusen Patio (Application No. HIST-0981-2025),” as recommended by the Cultural Heritage Committee. 6.e AUTHORIZATION TO AWARD CALIFORNIA WATERLINE REPLACEMENT (TAFT TO MILL), SPECIFICATION NO. 2000563 1. Approve the project plans and special provisions for the California Waterline Replacement (Taft to Mill), Specification No. 2000563; and, 2. Award a construction contract to Specialty Construction in the amount of $1,986,673 for the California Waterline Replacement (Taft to Mill), Specification No. 2000563; and, 3. Authorize the City Engineer to issue Contract Change Orders up to the available project budget (Account 2000563), and up to any amended budget subsequently approved by the City Manager per City Purchasing Policy approval thresholds; and 4. Find the action exempt from the California Environmental Quality Act. 6.f ADOPT A RESOLUTION CALLING THE NOVEMBER 3, 2026 GENERAL MUNICIPAL ELECTION AND ADOPTING REGULATIONS Adopt Resolution No. 11660 (2026 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, calling for the holding of a General Municipal Election on Tuesday, November 3, 2026, for the election of certain Officers as required by the provisions of the Cit y Charter, adopting regulations for Candidate Statements, and requesting the Board of Supervisors of the County of San Luis Obispo to consolidate a General Municipal Election with the Statewide General Election to be held on November 3, 2026, pursuant to Section 10403 of the Elections Code.” 6.g CONSIDERATION OF FUNDING PRIORITIES FOR THE DEI HIGH IMPACT GRANT As recommended by the Human Relations Commission, approve the Diversity, Equity, and Inclusion High Impact Grant funding priorities for future grant cycles including, and starting with, Fiscal Year 2026-27. Page 20 of 322 5 6.h SAN LUIS OBISPO RAILROAD MUSEUM – AMENDED AND RESTATED LEASE AGREEMENT Approve an Amended and Restated Lease Agreement between the City of San Luis Obispo and the San Luis Obispo Railroad Museum. 6.i AMENDMENT TO MANAGEMENT COMPENSATION RESOLUTION FOR DEPARTMENT HEAD EMPLOYMENT CONTRACTS City Manager Whitney McDonald provided an overview of the staff report and responded to Council questions. Public Comments: Steve Barasch Leslie Halls ---End of Public Comment--- Motion By Vice Mayor Francis Second By Council Member Boswell 1. Adopt Resolution No. 11661 (2026 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, approving an amendment to the July 1, 2025, through June 30, 2028, Unrepresented Management Compensation and Benefits Resolution” authorizing the City Manager to negotiate and execute individual employment contracts with Department Heads, providing variations in one-time compensation and benefits within approved budgets and within the parameters established by the Resolution, subject to approval as to form by the City Attorney; with the changes included in the Staff Agenda Correspondence, and 2. Authorize the City Manager to execute an individual employmen t contract with the Police Chief with recommended changes to compensation to address compaction that exceeds the proposed parameters established by the Resolution. Ayes (4): Council Member Boswell, Council Member Shoresman, Vice Mayor Francis, and Mayor Stewart Noes (1): Council Member Marx CARRIED (4 to 1) Page 21 of 322 6 7. PUBLIC HEARING AND BUSINESS ITEMS 7.a ADOPT THE MULTI-JURISDICTIONAL HAZARD MITIGATION PLAN (60 MINUTES) Fire Chief Randy Harris and Emergency Response Manager Joe Little provided an in-depth staff report and responded to Council questions. Public Comments: None ---End of Public Comment--- Motion By Council Member Shoresman Second By Vice Mayor Francis Adopt Resolution No. 11662 (2026 Series) entitled “A Resolution of the City Council of the City of San Luis Obispo, California, Approving the County of San Luis Obispo Multi-Jurisdictional Hazard Mitigation Plan 2025 Update.” Ayes (5): Council Member Boswell, Council Member Marx, Council Member Shoresman, Vice Mayor Francis, and Mayor Stewart CARRIED (5 to 0) 7.b ADOPTION OF THE 2025 URBAN WATER MANAGEMENT PLAN, 2025 (30 MINUTES) Assistant Utilities Director Shawn Scott and Deputy Director - Water Mychal Boerman provided an in-depth staff report and responded to Council questions. Public Comments: None ---End of Public Comment--- Motion By Council Member Shoresman Second By Council Member Marx 1. Adopt Resolution No. 11663 (2026 Series) entitled “A Resolution of the Council of the City of San Luis Obispo, California, adopting the 2025 Urban Water Management Plan”; Page 22 of 322 7 2. Adopt Resolution No. 11664 (2026 Series) entitled “A Resolution of the Council of the City of San Luis Obispo, California, adopting the 2025 Water Shortage Contingency Plan”; 3. Receive and file the City’s 2026 Water Supply and Demand Assessment; and 4. Find that adoption of the 2025 Urban Water Management Plan and 2025 Water Shortage Contingency Plan is exempt from CEQA pursuant to State CEQA Guidelines Section 15282(v) and California Water Code Section 10652, and that receiving and filing the 2026 Water Supply and Demand Assessment is exempt pursuant to CEQA Guidelines Section 15061(b)(3). Ayes (5): Council Member Boswell, Council Member Marx, Council Member Shoresman, Vice Mayor Francis, and Mayor Stewart CARRIED (5 to 0) 7.c ANNUAL UPDATE ON THE IMPLEMENTATION OF THE DIVERSITY, EQUITY, AND INCLUSION STRATEGIC PLAN (45 MINUTES) Matt Pennon, DEI Manager and Samantha Vethavanam, Admin Specialist provided an in-depth staff report and responded to Council questions. Public Comments: None ---End of Public Comment--- Motion By Council Member Marx Second By Vice Mayor Francis Receive and file the annual update on the implementation status of the Diversity, Equity, and Inclusion Strategic Plan.and directed staff to provide Council with a memo regarding what visible representation, focused specifically around Pride, that would be most meaningful to the community. Ayes (5): Council Member Boswell, Council Member Marx, Council Member Shoresman, Vice Mayor Francis, and Mayor Stewart CARRIED (5 to 0) Page 23 of 322 8 7.d SOUTH STREET AND KING COURT CROSSING PROJECT MODIFICATION, SPECIFICATION NO. 2001059 (30 MINUTES) Luke Schwartz, Transportation Manager provided an in-depth staff report and responded to Council questions. Public Comments: Kristen Kent Roberto Ponte Aleksandra Wydzga Shawn McNabb Arora Wilcox Dustin Hiatt Daniel See Gary Clay Helene Finger ---End of Public Comment--- Motion By Mayor Stewart Second By Council Member Shoresman 1. Approve a modification to the South Street and King Court Crossing Project (Specification No. 2001059), authorizing installation of a standard traffic signal in lieu of a pedestrian hybrid beacon; and, 2. Authorize the City Engineer to approve modifications to project plans and specifications and approve associated construction Contract Change Orders as needed to facilitate project modifications up to the available project budget and consistent with California Public Contract Code, including any amendments authorized by the City Manager. Ayes (5): Council Member Boswell, Council Member Marx, Council Member Shoresman, Vice Mayor Francis, and Mayor Stewart CARRIED (5 to 0) 8. LIAISON REPORTS AND COMMUNICATIONS Council Liaison reports were continued to the next meeting. Page 24 of 322 9 9. ADJOURNMENT The meeting was adjourned at 11:00 p.m. The next Regular Meeting of the City Council will be held on July 21, 2026 at 5:30 p.m. in the Council Chambers at City Hall, 990 Palm Street, San Luis Obispo. The Regular Meeting of July 7, 2026 will be cancelled, as approved by Council on November 4, 2025 during their annual review of the 2026 meeting calendar. APPROVED BY COUNCIL: XX/XX/202X Page 25 of 322 Page 26 of 322 Item 6c Department: Administration Cost Center: 1021 For Agenda of: 7/21/2026 Placement: Consent Estimated Time: N/A FROM: Greg Hermann, Deputy City Manager Prepared By: Sara Armas, Deputy City Clerk SUBJECT: ADVISORY BODY APPOINTMENT FOR AN UNSCHEDULED VACANCY ON THE HOUSING AUTHORITY BOARD RECOMMENDATION Confirm the appointment of William Bartlett to the Housing Authority Board (HAB) for the remainder of the vacated term ending on June 30, 20 27. POLICY CONTEXT The Advisory Body Handbook outlines the recruitment procedures, membership requirements, and term limits for City Advisory Bodies. Also contained in the Advisory Body Handbook are the bylaws for all Advisory Bodies, some of which include additional membership requirements. Additionally, the City Council Policies and Procedures Manual describes the “Appointment Procedure” and “Process” for Advisory Body appointments. Recruitment and appointment recommendations were performed in conformance with all recruitment procedures, processes, and bylaws found in these resources. California Government Code Section 54972, Local Appointments List (Maddy Act) requires that on or before December 31st of each year each legislative body shall prepare an appointments list for their boards, commissions, and committees whose members serve at the pleasure of the legislative body. This obligation was met and is on -going. DISCUSSION Annual appointments to the various City Advisory Bodies were made at the June 16, 2026 City Council meeting. The process for those appointments included recruitment by the City Clerk’s Office, interviews, and recommendations by the respective Council Liaison Subcommittees, with final confirmation of those recommendations made by the full Council. The applications of qualified candidates who are not chosen for immediate appointment are held for one-year for possible consideration in the event an unscheduled vacancy occurs. When unscheduled vacancies occur throughout the year, outreach to the qualified applicant list is conducted along with any necessary new recruitment for the given vacancies. Page 27 of 322 Item 6c Housing Authority Board: The HAB had three unscheduled vacancies open for applications during Annual Recruitment: two citizen-at-large positions and one Tenant Representative position. Two of the three positions were filled upon completion of Annual Recruitment; therefore, recruitment was continued for the remaining cit izen-at-large position. This recent recruitment identified one qualified applicant. The Council Liaison Subcommittee, consisting of Mayor Stewart, conducted an interview and recommend s William Bartlett to fill the vacant term ending June 30, 2027. Other Vacancies: In addition to the vacancy on the HAB, the City Clerk’s Office is currently recruiting for two unscheduled vacancies on the Mass Transportation Committee (MTC).  The Senior Representative position on the MTC is currently open as there were no applications received upon the previous member’s final term expiring. To qualify for this position, applicants must be at least 62 years of age and a resident of the City.  The Cal Poly Representative has been vacant as of June 5, 2026. This position is designated by Cal Poly and has no term expiration . Applications for these volunteer positions may be found on the City’s Job Opportunities webpage. Public Engagement Notices that the City was accepting applications for the above listed Advisory Bodies were placed on the City’s website and “e-notification” service, listed in the annual Local Appointments List (Maddy Act Notice – Government Code Section 54972), posted on the City website and City Information kiosk, and distributed via City social media outlets in February 2026 for the Annual Recruitment cycle. Following Maddy Act guidelines, notices were posted in the City Information kiosk outside City Hall and on the Advisory Body Vacancies page of the City’s website alerting the public that the City was specifically accepting applications for the vacancy on the HAB. CONCURRENCE As presented in the recommendation, the Council Liaison Subcommittee for the HAB is in concurrence with the stated recommendation along with the City Clerk’s Office, who coordinated and organized the process. ENVIRONMENTAL REVIEW The California Environmental Quality Act does not apply to the recommended action in this report, because the action does not constitute a “Project” under CEQA Guidelines under Section 15378. Page 28 of 322 Item 6c FISCAL IMPACT Budgeted: Yes Budget Year: 2026-27 Funding Identified: N/A Fiscal Analysis: Funding Sources Total Budget Available Current Funding Request Remaining Balance Annual Ongoing Cost General Fund $ $ $ $ State Federal Fees Other: Total $N/A $ $ $ There is no fiscal impact for the appointment of the Advisory Body member. Administration of the process is considered in the City Clerk’s annual budget. ALTERNATIVES Council could recommend changes to the Subcommittee recommended appointment or direct staff to re-open recruitment for additional candidates. Page 29 of 322 Page 30 of 322 Item 6d Department: Community Development Cost Center: 4001 For Agenda of: 7/21/2026 Placement: Consent Estimated Time: N/A FROM: Timmi Tway, Community Development Director Prepared By: Ivana Gomez, Cannabis Business Coordinator SUBJECT: ANNUAL CANNABIS BUSINESS PROGRAM UPDATE. RECOMMENDATION Receive an update on the City’s Cannabis Business Program. POLICY CONTEXT In January 2019, the City Council directed staff to provide annual updates regarding implementation of the Cannabis Business Program. Consistent with that direction, staff returns annually with information regarding cannabis operators in the City, cannabis tax and permit fee revenue, and relevant state and federal regulatory activity. REPORT-IN-BRIEF The Annual Cannabis Business Program Update provides an opportunity for staff to update the City Council on the overall status and implementation of the Cann abis Business Program and to identify potential policy or regulatory changes to improve administrative and operational processes. At the time of the last update on May 6, 2025, staff presented the annual update and also included a proposed ordinance clarifying amendments to the cannabis regulations (SLOMC § 17.86.080)1. This year, staff has not identified any amendments that are necessary to administration of the program. Accordingly, this report provides: 1) an update on cannabis operators in the City; 2) cannabis tax and permit fee revenue forecast updates; and 3) a brief overview of state and federal cannabis regulatory activity. DISCUSSION Cannabis Operators The City currently has two operating cannabis retail storefronts—Megan’s Organic Market (280 Higuera St) and SLOCAL Roots (3535 S Higuera St). On June 5, 2025, Megan’s Organic Market applied for an amendment to their Conditional Use Permit to allow 1 Item 7a. Annual Cannabis Business Program Update and Introduction of Ordinance for Zoning Code Amendments Page 31 of 322 Item 6d 2 delivery services from their existing retail storefront location at 280 Higuera Street. The Planning Commission reviewed the request at a regular public hearing on August 27, 2025, and voted 4-0 to approve the amendment which allows Megan’s to offer delivery services to their existing operation2. Megan’s initiated their delivery operations in April of 2026. Under state and local law, Megan’s may deliver to any jurisdiction provided they comply with applicable state and local regulations including tax remittance requirements imposed by other jurisdictions. SLOCAL Roots, located at 3535 South Higuera Street, has continued construction activities associated with the previously approved phased development of the site. The approved project included retail operations initially occurring within a smaller building on site while the larger primary retail building was completed. Construction of the primary retail building is now substantially complete, and the transition is anticipated to occur in summer of 2026, subject to final inspections and certificate of occupancy issuance. Upon completion of the transition, the smaller building will support administrative functions. As part of SLOCAL Roots’ transition to its larger retail building, City staff, including the Cannabis Business Coordinator, Police Department, and Code Enforcement, conducted a site visit at SLOCAL Roots on June 3, 2026 to verify implementation of the approved security measures. No changes to approved operational requirements or hours of operation are associated with the transition. Application Period From July 1 through July 31, 2025, the City opened the application process and accepted applications for both competitive permit types (retail storefronts) and non -competitive permit types (all other cannabis business permit types). The application period followed the voluntary withdrawal of a previously issued contingent retail storefront operator permit and associated Conditional Use Permit approved during the prior application cycle, resulting in one retail storefront permit becoming available3. The City received two retail storefront applications during the application period, which were evaluated using the Cannabis Business Operator Permit Scoring Guidelines and City Council-adopted merit criteria. Because the Municipal Code limits the number of retail storefront permits citywide to three (SLOMC § 17.86.080(E)(10)(b)(ii)), the highest- scoring applicant, Stiiizy SLO, was awarded a contingent operator permit on December 18, 2025, for the approved location at 2400 Broad Street. As of the date of this report, the applicant has not yet submitted a Conditional Use Permit application. Prior to commencing operations, the applicant must obtain a Conditional Use Permit, state license, and any required building permits associated with the project. The applicant must also demonstrate the legal right to occupy and use the proposed location for the approved cannabis use prior to issuance of a Final Operator Permit. Pursuant to SLOMC § 9.10.070(D), the operator permit must be activated within twenty-four months of issuance, 2 PC-1108-25 (MOD-0424-2025 -- 280 Higuera St.) 3 Embarc SLO was previously awarded a contingent operator permit and CUP to operate at 2400 Broad Street. Embarc SLO withdrew both applications on May 21, 2025. A new application period opened from July 1, 2025, through July 31, 2025. Page 32 of 322 Item 6d 3 or by December 18, 2027. Under the Municipal Code, activation occurs upon issuance of all required approvals and licenses and the commencement of commercial cannabis operations at the approved location. Cannabis Tax and Permit Fee Revenue Revenue generated from the City's Cannabis Business Program supports a variety of core municipal services that benefit residents of San Luis Obispo. This revenue is generated from cannabis business taxes, application and licensing fees, and other regulatory fees associated with commercial cannabis operations. These funds are allocated to the City’s General Fund, supporting essential community services as well as the continued administration of the cannabis program. Cannabis Tax Revenue Figure 1 (below) illustrates actual and budgeted cannabis tax revenue for Fiscal Years (FY) 2021-22 through 2025-26, with estimated full year results for FY 2025-26 as actuals are not yet available. Cannabis tax revenue decreased significantly in FY 2024-25 and continued to decrease modestly in FY 2025-26. Figure 1: Cannabis Tax Revenue FY 2021-22 through FY 2025-26 (estimate) The table above includes an estimate for FY 2025-26 actuals. Based on year-to-date results and typically observed seasonality, it is anticipated that full year revenue will be below budget and future budgets have been adjusted accordingly. The decline in cannabis tax revenue is generally consistent with broader market trends affecting California's regulated cannabis industry. The City continues to monitor cannabis tax compliance through independent audits conducted by a licensed certified public FY 2021-22 FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 Actual $998,874 $1,127,744 $1,116,495 $814,502 $742,771 Budgeted $1,000,000 $1,100,000 $1,100,000 $1,100,000 $1,000,000 $0 $200,000 $400,000 $600,000 $800,000 $1,000,000 $1,200,000 Actual Budgeted Page 33 of 322 Item 6d 4 accounting firm. The most recent audits found both licensed operators to be in compliance with the City's cannabis tax requirements. Cannabis Permit Fee Revenue In addition to tax revenue, the City collects business fees to recover the costs of administering the Cannabis Business Program. These include application fees for new commercial cannabis operator permits, annual renewal fees for existing operators, and ownership transfer fees, which are less common4. Fee revenue projections are based on the anticipated number of applications, annual permit renewals, and potential ownership transfer requests. The City has budgeted $104,000 in cannabis-related permit fee revenue for the upcoming fiscal year, assuming only the renewal fees of the two existing operators. Figure 2 provides an overview of actual and budgeted cannabis permit fee revenue for FY 2021-22 through FY 2025-26, with estimated results for FY 2025-26 as actuals are not yet available. Figure 2: Cannabis Permit Fee Revenue FY 2021-22 through FY 2025-26 The table above shows the volatility in this revenue stream as operators have entered and exited the local market. Results for FY 2025-26 are estimated assuming renewal fees 4 Transfer of Ownership: In accordance with Section 9.10.120 of the San Luis Obispo Municipal Code, transfers of Commercial Cannabis Operator Permits are allowed only if they meet specific criteria, including compliance with the original application and Community Benefit Agreement. A fixed fee of $14,836.46 is required for all transfer requests. FY 2021-22 FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 Actual $127,380 $147,295 $149,990 $220,078 $100,000 Budget $157,000 $177,000 $171,000 $232,600 $100,000 $0 $50,000 $100,000 $150,000 $200,000 $250,000 Actual Budget Page 34 of 322 Item 6d 5 from the two existing operators as revenue has not been booked yet. Future budgets assume renewals from the same two existing operators only. State Law and Federal Law During the reporting period, the California Department of Cannabis Control adopted several regulatory updates related to state cannabis licensing, cultiva tion operations, sanitation standards, and product regulations, and is currently considering additional rulemaking related to cultivation tracking, track-and-trace requirements, pesticide testing, and product standards. These actions are primarily administrative and operational in nature and do not affect local land use authority or require amendments to the City's Cannabis Business Program at this time. At the federal level, cannabis remains regulated under the Controlled Substances Act. During the reporting period, federal agencies continued to evaluate cannabis policy and regulatory frameworks, including actions related to certain state -licensed medical cannabis activities. In April 2026, the federal government reclassified certain state - licensed medical cannabis products from Schedule I to Schedule III and established a pathway for eligible medical cannabis operators to pursue federal registration. While these changes may affect aspects of state licensing and business operations for retailers holding both adult-use and medicinal license designations, they do not affect local permitting requirements, and adult-use cannabis remains federally prohibited. Staff has not identified any state or federal regulatory changes that necessitate amendments to the City's Cannabis Business Program at this time. ENVIRONMENTAL REVIEW The California Environmental Quality Act (CEQA) does not apply to the recommended action in this report, as the action does not constitute a “Project” under CEQA Guidelines Section 15378. FISCAL IMPACT Budgeted: Yes Budget Year: 2026-27 Funding Identified: N/A Fiscal Analysis: Funding Sources Total Budget Available Current Funding Request Remaining Balance Annual Ongoing Cost General Fund $N/A State Federal Fees Other: Total $N/A Page 35 of 322 Item 6d 6 This item has no fiscal impact, as it does not propose any changes to the adopted budget or result in new expenditures or revenues. The update is informational in nature and reflects existing operations and fee structures previously approved by the City Council as part of the 2025–27 Financial Plan. ALTERNATIVES 1. Direct staff to return with proposed amendments to the Cannabis Business Program or Municipal Code if the City Council determines that policy or regulatory changes warrant further consideration. Page 36 of 322 Item 6e Department: Administration Cost Center: 1006 and 1007 For Agenda of: 7/21/2026 Placement: Consent Estimated Time: N/A FROM: Greg Hermann, Deputy City Manager Prepared By: Jacqui Clark-Charlesworth, Tourism & Community Promotions Manager SUBJECT: ADOPTION OF FY 2026-27 COMMUNITY PROMOTION PROGRAMS FOR TOURISM BUSINESS IMPROVEMENT DISTRICT (TBID) AND PROMOTIONAL COORDINATING COMMITTEE (PCC) RECOMMENDATION As recommended by the Tourism Business Improvement District (TBID) Board and the Promotional Coordinating Committee (PCC): 1. Authorize the City Manager to enter into program expenditures and various contracts for the TBID not to exceed the 2026-27 projected revenue of $1,952,383 (excludes administration overhead and staffing costs), based on the recommendations by the TBID Board; a) This includes, but is not exclusive of, approval of the funding of the first year of an extended two-year contract with Noble Studios for marketing services in the amount of $1,250,000; b) The funding of the contracts with the SLO Chamber of Commerce for Guest Services and Public Relations in the amount of $148,000; and c) The funding of the contract with Badger Branding for content marketing services in the amount of $107,700; and 2. Authorize the City Manager to use the TBID Fund Balance of $1,630 ,929 for tourism marketing expenditures in FY 2026-27 in accordance with City policy; and 3. Approve amendments to Article 7 in TBID’s Bylaws to reflect an increase in fund reserve from $100,000 to 20% of projected annual revenue; and 4. Authorize the City Manager to enter into various contracts and program expenditures for Community Promotions not to exceed the FY 2026 -27 program budget of $352,000 (excludes staffing costs) based on the recommendations by the PCC; a) This includes the funding of the contracts with the SLO Chamber of Commerce for Guest Services, Public Relations, and Cultural Arts & Community Promotions (CACP) Grant Marketing Support in the amount of $194,250; b) The FY 2026-27 CACP allocations in the amount of $100,000 and authorization to execute individual agreements with each grant recipient; c) Additionally, authorize the City Manager or her designee to modify allowed uses of grant funding when executing contracts for the FY 2026-27 CACP Page 37 of 322 Item 6e grant recipients in cases where the grantee’s specific line items in their proposed marketing or advertising plan has shifted but retains its overall intended purpose; and d) Authorize the City Manager or her designee to use discretion in accepting or rejecting submitted expenses from the FY 2026-27 CACP grant recipients, up to the approved grant amount for each recipient, while ensuring overall purpose and intent remains consistent with recommendations from the Promotional Coordinating Committee and approval by City Council. Grantees must notify staff of any requested deviation in the use of funds in advance of the expenditure, and staff will bring any substantial deviations back to the PCC for consideration. REPORT-IN-BRIEF Two of the core programs with the City’s Off ice of Economic Development & Tourism are the Tourism Business Improvement District (TBID) and the Promotional Coordinating Committee (PCC). While these advisory bodies have separate program functions and budgets, together, they both work to promote San Luis Obispo locally, regionally, nationally, and internationally. This report includes recommendations for the approval of the annual budgets and work program for the PCC and TBID. These recommendations are based on the thorough review and consideration of each of the advisory bodies. This report describes the major line items of each program’s budget, contracting partners, and the overall strategy for these programs. POLICY CONTEXT As referenced in the City’s Municipal Code, Section 12.42.030 (Authorized Use), TBID revenue is used for the promotion of tourism.1 DISCUSSION Background With the adoption of the supplemental 2025-27 Financial Plan, the City Council initially approved the program budget and defined the work program for the Community Promotions program for the PCC and the TBID. Based on the allocated program budgets, both advisory bodies established recommendations for use of funding in FY 2026-27 with respective contract considerations. Both programs are overseen and administered by advisory bodies to the 1 12.42.030 – Authorized Use: A. The general promotion of tourism within the district is to include costs as specified in the business plan to be adopted annually by the city council. Page 38 of 322 Item 6e City Council. The PCC makes recommendations regarding the use of Community Promotions funding and the TBID Board recommends the use of the TBID assessment. Tourism Business Improvement District (TBID) The TBID began the program development and budget allocation process in January 2026 with a fund balance and budget update presentation followed by discussing the goals, priorities, and direction for the FY 2026-27 program. During this process, the TBID Board gave direction to recommend amendments to Article 7 in the Bylaws and to update the TBID fund reserve to 20% of the projected annual budget, which in FY2026 -27 totals $459,826. This is an increase from the previously adopted $100,000 fund reserve and reflects the Board’s desire to remain fiscally responsible while continuing to maintain a healthy fund balance (Attachment C – TBID Bylaw Leg Draft 2026). The TBID Fund Balance reflects assessment revenue collected in prior years that has not yet been allocated to marketing or promotional programs and is not part of the base budget. Authorizing use of this balance in FY 2026-27 allows the City to fund tourism marketing initiatives that support the TBID's core purpose: increasing overnight visitation and lodging demand within San Luis Obispo. This use of fund balance is consistent with the City's Fund Balance and Reserve Policy, which permits designated special revenue fund balances to be appropriated for the specific purpose for which the assessment was established. Because TBID assessments are levied on lodging businesses specifically to fund tourism promotion, this fund balance is restricted in use and cannot be redirected to general Cit y operations. Staff recommends drawing on this balance to support one-time expenses such as the creation of branded promotional items, reprinting the Visit SLO destination brochure, updating marketing assets, additional advertising spend, a consultant to support the TBID’s events and partnership strategy, and other opportunities that might arise in FY 2026-27, ensuring the TBID's accumulated resources are actively deployed toward its intended purpose rather than remaining idle. The current total is approximately 20% of the existing fund balance with additional plans as capacity allows. Additionally, the TBID Board communicated the importance of aligning the budget direction, program priorities, and funding commitments with the implementation of the imperatives outlined in the 2025-2030 TBID Strategic Plan, as well as the 2-year TBID Strategic Marketing & Business Plan, which is undergoing an update for FY 2026-28. The TBID strategic objectives are to: 1. Ensure Organizational Excellence 2. Deliver Smart Growth 3. Build Meaningful Partnerships 4. Activate the SLO Life After thorough review and consideration, the TBID Board has identified program priorities and budget allocations for the focus of the TBID marketing efforts in fiscal year 2026 -27. Page 39 of 322 Item 6e The list below includes the most notable allocations (Attachment A – TBID FY27 Line- Item Budget) Tourism Marketing Services with Noble Studios: $1,250,000 The TBID will maintain their largest budget allocation (approximately 56%) towards the marketing service agreement with the contracted agency-of-record, Noble Studios. This is the third year of a contract that had an initial two-year term and allows for one two-year contract extension. Content Marketing Services with Badger Branding: $107,700 To efficiently manage the organic content channels through various social media networks, the TBID will continue to retain the local content marketing provider Badger Branding for strategy, execution, and management. This is another one-year contract with this vendor utilized through the City’s on-call communications list. SLO Chamber of Commerce Contract Services: $148,000 This is a one-year agreement with the San Luis Obispo Chamber of Commerce for the shared services in partnership with the PCC for Guest Services ($74,800) and Public Relations Services ($69,000 plus $4,200 for hard costs related to media monitoring service). Cal Poly Athletics Partnership: $65,000 This is the second year of a two-year partnership agreement with Cal Poly Athletics to promote collaboration between local hotels and the lodging needs of the Cal Poly Athletic program. Sustainable SLO Initiative: $22,991 The TBID will continue to allocate 1% of TBID revenue in the 2026-27 fiscal year to Keys for Trees, a sustainability initiative in partnership with ECOSLO aimed at offsetting the carbon impact of visitors in the community. Membership in Industry Associations & Promotional Cooperative Marketing Programs: $74,975 The TBID will invest collectively approximately $44,975 in fiscal year 2026 -27 to maintain membership in organizations including Central Coast Tourism Council, California Travel Association, California Hotel and Lodging Association, and SLO Coast Wine Collective. In addition, the TBID has allocated $30,000 for cooperative marketing opportunities with these organizations, Visit SLO CAL, and others. Events and Promotions: $76,000 The TBID has allocated up to $50,000 for general event promotion and sponsorships, plus $1,000 for event activations and collateral, and $25,000 for seasonal promotions. Research and Program Development: $50,000 In FY 2026-27, the TBID plans to invest up to $50,000 in funding for various program development and research initiatives, including hiring a consultant to support Page 40 of 322 Item 6e Objective 3 of the Visit San Luis Obispo 2025-2030 Strategic Plan focused on creating an updated events and partnerships strategy. Staffing Contingency Fund: $85,000 The TBID included an $85,000 staffing contingency to explore contract support for majority administrative functions for the tourism program in the coming year — giving the organization flexibility to grow capacity as needs evolve. More detailed discussion of these major line items is provided below. Noble Studios & Uniquely Driven Fiscal year 2026-27 will be the first year of an extended Main Services Agreement with Noble Studios for comprehensive marketing services, which include Brand Strategy & Management, Account Strategy & Project Management, Creative Services, Paid Media and Search Strategy & Management, Website Maintenance & Services, Content Development & Reporting. In spring of 2024, the TBID completed a thorough Marketing Service RFP evaluation and interview process, ultimately selecting Noble Studios to continue as the TBID agency-of-record. During the May 1, 2024 meeting, the TBID Board approved the selection of Noble Studios as the TBID agency-of-record for a total of two years, and then on June 10, 2026, the Board approved the two -year extension and allocation of funding totaling $1,250,000 for the contract, including public relations through a subcontractor partnership with Uniquely Driven, a national boutique public relations firm. Badger Branding Badger Branding serves as the Content Agency for the TBID. Services provided by this contractor include the development and implementation of a Social Media Marketing Strategy, Online Community Engagement, Content Creation and Procurement, and Analysis and Reporting for the TBID’s Visit San Luis Obispo and ShareSLO social media accounts. The initial contract between the City and the Badger Branding for the TBID began in September 2021. In FY 2026 -27, the TBID will once again utilize the City’s approved on-call consultant agreement with Badger Branding for the content marketing contracted services. The TBID Board has recommended the allocation of $107,700 to Badger Branding for content marketing services in FY 2026-27. SLO Chamber of Commerce The TBID continues to partner with the San Luis Obispo Chamber for Commerce for the continuation of various contracts including Public Relations and Guest Services, and currently the TBID maintains one-year services agreements with the San Luis Obispo Chamber for Commerce for those work programs in partnership with the PCC. In FY 2026-27, the TBID Board has recommended funding a Public Relations contract in the amount of $69,000, and the Guest Services agreement in the amount of $74,800 , which includes the continuation of the phone and availability service and the special promotions support service, and finally the media monitoring service expenditure of $4,200 to support a joint service with the PCC to monitor media pick-up and story production. Both shared contracts saw an increase of 10% in TBID’s share of costs as visitor-facing work continues to demand growth and PCC’s budget underwent a reduction in funds through a Citywide Page 41 of 322 Item 6e budget process. Specific services for TBID support include but are not limited to, tracking hotel room availability, operating the TBID’s dedicated phone line and website chat feature, fulfilling information requests on San Luis Obispo and maintaining a presence at Cal Poly events and Downtown SLO Thursday Night Farmers’ Market engaging visitors to SLO. In addition, the SLO Chamber maintains a boots -on-the group public relations presence, working directly with TBID’s national PR agency, Uniquely Driven and hosting journalists in SLO through deep stakeholder partnerships. Industry Associations & Programs The Board also considered membership and programs with the following industry associations within California: 1. Central Coast Tourism Council (CCTC): The Board has recommended maintaining membership with the CCTC in the amount up to $950. 2. California Travel Association (CalTravel): The Board has recommended membership with the CalTravel organization in the amount up to $1,025. 3. SLO Coast Wine Collective: The Board has recommended membership with the SLO Coast Wine Collective in the amount up to $8,000. 4. California Hotel and Lodging Association (CHLA): The Board has recommended the investment in the TBID constituent membership in the amount of up to $35,000. In addition, the TBID will be partnering for the fifth year with the Office of Sus tainability and ECOSLO on the continuation of the Keys for Trees initiative aimed at offsetting the carbon impact of visitors in San Luis Obispo. The TBID has allocated 1% of the FY 2026- 27 projected revenue, approximately $23,000, to this program. The remaining TBID program funds are allocated to program expenses including cooperative marketing opportunities with organizations like Visit SLO CAL or CCTC, funding to explore additional resource needs, attendance at industry conferences and additional partnerships and event sponsorships, investment in organizational services, and marketing and promotional initiatives. These expenditures and contract commitments have been reviewed and approved by the TBID Board and the final complete line -item budget allocations were approved by TBID Board for recommendation to City Council at the TBID Board meeting June 10, 2026. (Attachment D – June 10, 2026 TBID Minutes) Staff requests Council authorization for the City Manager to enter into contracts and program expenditures for the Tourism Business Improvement District not to exceed the FY 2026-27 projected revenue of $1,952,383, excluding administration overhead and staffing costs, and consistent with the recommendations of the TBID Board. This includes funding for the first year of an extended two-year marketing services contract with Noble Page 42 of 322 Item 6e Studios, contracts with the SLO Chamber of Commerce for guest services and public relations, and a contract with Badger Branding for content marketing services. Staff also requests authorization to use $1,630,929 of the TBID Fund Balance for tourism marketing expenditures in FY 2026-27, and approval of amendments to Article 7 of the TBID Bylaws to increase the fund reserve requirement from $100,000 to 20% of projected annual revenue. Promotional Coordinating Committee (PCC) The purpose of the PCC is to enhance the quality of life for residents of San Luis Obispo and to enhance the experience for visitors to San Luis Obispo. This mission was the guiding force behind the budget consideration for the PCC. During the June 10, 2026, meeting, the PCC finalized the FY 2026-27 budget allocations including the continuation of Guest Services and Public Relations efforts, strategic initiative investment for community placemaking, and the funding of the Promotional Grant program of CACP (Attachment E – June 10, 2026 PCC Minutes). The major line items are summarized below: 1. Cultural Arts and Community Promotion Grant program: $100,000 The PCC maintained the available budget for CACP grants at $100,000 from the FY25-26 Community Promotions program budget and is recommending that full amount in funding based on the extensive application review and evaluation process. 2. SLO Chamber of Commerce Contract Services: $191,000 Fiscal year 2026-27 includes one-year agreements with the San Luis Obispo Chamber of Commerce for the shared services in partnership with the TBID for Guest Services ($122,200) and Public Relations Services ($46,000) through contracted work efforts. In addition, the PCC will maintain a one-year agreement for Grant Promotional Support ($30,000). 3. Community Placemaking & Cultural Vitality Projects: $22,750 The PCC has designated $22,750 in funds available for the development of new or in support of existing projects to enhance the quality of life in San Luis Obispo through strategic placemaking investments in alignment with the adopted FY 2025 -27 Major City Goal work efforts. The funding will be available for projects deemed important by the PCC to advance the goals of the committee. 4. ARTober: $15,000 In 2023, the PCC created ARTober, a program celebrating National Arts & Humanities Month during the month of October and providing a new community activation. The PCC has set aside funding to contract with Verdin Marketing for up to $15,000 for the execution of paid media hard costs and promotional items for ARTober, a program in alignment with the adopted 2025-27 Major City Goal work efforts surrounding supporting the cultural arts and promoting the city as an appealing community for people to live, work, visit and invest. Page 43 of 322 Item 6e 5. Lunar New Year Activation: $15,000 The PCC has allocated $15,000 in its 2027 budget to fund a Lunar New Year celebration, building on its previous support of the past three years of downtown festivities. This investment aligns with PCC priorities and the 2025–27 Major City Goals to support Downtown vitality, support diverse community engagement and representation, and foster economic resilience and cultural vitality. More detailed discussion of these major line items is provided below. SLO Chamber of Commerce Through the PCC and TBID, the City continues to partner with the San Luis Obispo Chamber of Commerce for the continuation of various services to support the resident and visitor experience in SLO. As stated above, FY 2026 -27 will commence one-year agreements with the San Luis Obispo Chamber for Commerce for various contract partnerships including Public Relations, Guest Services and Grant Promotional Support for marketing services to support grant recipients. The City has a long partnership with the San Luis Obispo Chamber for Commerce for these work programs, a nd the SLO Chamber is uniquely suited to perform this work on behalf to the City through the PCC. PCC’s portion of the contracts shared with the TBID was reduced 10% (from 70% of Guest Services to 60% and from 50% of Public Relations to 40%). Specific services for PCC include but are not limited to utilization of the Visitor Center as a fulfillment for pick-up and delivery of Support Local promotions like ARTober and SLO Restaurant Month, information gathering and reporting on demographic data, and maintaining a fully trained and knowledgeable staff able to deliver excellent customer service to visitors and residents alike. Additionally, the SLO Chamber provides public relations services for Support Local promotions and City-led initiatives as well as marketing support for CACP grant funded recipients hosting events in the city. The PCC has recommended funding the one-year contracts as follows: 1. Public Relations in the amount of $46,000 plus $2,800 for hard costs related to media monitoring service. 2. Guest Services in the amount of $112,200. 3. Grant Promotional Support in the amount of $30,000 for the support of CACP grant awardees with promotional and marketing services. Cultural Arts and Community Promotions Grant Program The PCC has been offering promotional grant funding for decades, in which local non - profit organizations can utilize the funding to promote the cultural, recreational, or social activities in our community. The CACP Grant maintains a competitive annual application for funding and allows multiple organizations to apply under a single non -profit fiscal sponsor. The PCC maintained the historical allocation of $100,000 for the FY 2026 -27 Community Promotions program budget for events occurring July 1, 2026 – June 30, 2027. The grant Page 44 of 322 Item 6e cycle was opened on February 3, 2026, and applications were due on March 17, 2026. Notices were placed throughout City channels to advertise the availability of the grant funding application for local non-profit organizations. Additionally, previous grant recipients were notified via email regarding the grant availability. On February 18 and 20, 2026, the PCC held in-person and virtual information sessions, respectively. The purpose of these meetings was to meet with all interested organizations, in troduce the grant funding criteria used during the evaluation process and answer any questions from the applicants. At deadline for grant application submittal, the City received 30 applications with funding requests amounting to $232,182. The PCC’s CACP subcommittee met to review the applications, compare the requests to the grant criteria, and allocate funding accordingly. On May 12, 2026, the PCC held a public hearing with all applicants to allow for public comment before the recommendati on was forwarded to the City Council for consideration and approval. The committee received two public comments from the grant applicants and ultimately approved updated recommendations for the FY 2026-27 funding allocations to 25 organizations. (Attachment F – CACP FY 2026-27 Funding Recommendations). As approved by Council for FY 2025-26 CACP awardees at the December 2, 2025 meeting, it is once again recommended that the City Manager or her designee be able to use discretion in accepting or rejecting expenses that differ from what was proposed from the FY 2026-27 grant recipients, up to the approved grant amount for each recipient, while ensuring overall purpose and intent remains consistent with recommendations from the Promotional Coordinating Committee and the original approval by City Council. Grantees must notify staff of any requested deviation in the use of funds in advance of the expenditure, and staff will bring any substantial deviations back to the PCC for consideration. ARTober The PCC has allocated up to $15,000 to support paid media and marketing opportunities for the third year of ARTober, a celebration of National Arts & Humanities Month in San Luis Obispo. The program, which also includes Piano in the Plaza, is designed to engage the community, promote awareness, and support nonprofit organizations in the arts, culture and humanities sector. ARTober specifically ties into the adopted 2025 -27 Major City Goal work efforts to support the cultural arts and promote the city as an appealing community for people to live, work, visit, and invest. The PCC contracts with Verdin Marketing for the creative, management and paid media portions of this program and has set aside $15,000 for paid media and promotional budget in October 2026. Verdin Marketing already initiated the planning, creative development, and management of ARTober 2026, with this portion of the contract funded through proposed rollover FY 2025-26 budgeted funds. Lunar New Year The PCC previously supported components of the 2024 celebration in Historic Chinatown and 2026 celebration in Mission Plaza and seeks to continue that engagement to bring a Lunar New Year celebration to the community. The committee has expressed its intent to Page 45 of 322 Item 6e once again support a Lunar New Year celebration and has allocated $15,000 in its budget for this purpose in 2027. This investment aligns with the PCC’s strategic objectives and supports the adopted 2025–27 Major City Goals to improve the local business environment, support Downtown vitality, help businesses thrive, promote the City as an appealing community for people to live, work, visit, and inves t, and support increased access and belonging for all community members. Community Placemaking & Cultural Vitality Projects The PCC has allocated $22,750 in funds for the development of additional projects that enhance the quality of life in San Luis Obispo through strategic placemaking, cultural vitality investments, or community promotion efforts. This funding aligns with the adopted 2025–27 Major City Goal work efforts and will be driven at supporting new or existing programs with the aim to stimulate community-wide economic activity, helping businesses thrive. The remaining Community Promotions program funds are allocated to program expenses including attendance at industry conferences, additional partnerships, and marketing and promotional initiatives. Staff requests Council authorization for the City Manager to enter into contracts and program expenditures for Community Promotions not to exceed the FY 2026-27 program budget of $352,000, consistent with the recommendations of the Promotional Coordinating Committee. This includes funding for contracts with the SLO Chamber of Commerce for guest services, public relations, and CACP grant marketing support, and the FY 2026-27 CACP grant allocations totaling $100,000, along with authorization to execute individual agreements with each grant recipient. Staff also requests authorization for the City Manager or her designee to make limited adjustments to CACP grant expenditures — including shifts in specific line items that retain the grant's overall intended purpose, and discretion to accept or reject submitted expenses up to each recipient's approved grant amount — with any substantial deviations brought back to the PCC for consideration. Previous Council or Advisory Body Action The following advisory body actions were taken to support these recommendations: 1. PCC approval of the contract and line -item budget allocations on June 10, 2026, for recommendation to City Council. 2. PCC approval of CACP grant awards on May 12, 2026, for recommendation to City Council. 3. TBID approval of contract and line-item budget allocations on June 10, 2026 , for recommendation to City Council. Public Engagement All TBID and PCC meetings were noticed in accordance with Brown Act standards. The public will also have the opportunity to provide public comment before or during the July 21, 2026, City Council meeting. Page 46 of 322 Item 6e ENVIRONMENTAL REVIEW The California Environmental Quality Act (CEQA) does not apply to the recommended action in this report, because the action does not constitute a “project” under CEQA Guidelines sec. 15378. FISCAL IMPACT Budgeted: Yes Budget Year: 2026-27 Funding Identified: Yes Fiscal Analysis: Funding Sources Total Budget Available Current Funding Request Remaining Balance Annual Ongoing Cost General Fund: (inclusive of staffing costs) $ 387,938 $ 387,938 $0 $0 State Federal Fees Other: TBID Fund (inclusive of staffing costs) $2,299,130 $2,299,130 $0 $0 Total $2,641,085 $2,641,085 $0 $0 ALTERNATIVES 1. The Council could choose to fund the contracts or program allocations at different levels or modify the scope of services. If Council directs changes to the TBID or PCC budget or contracts, staff would work with the advisory body and contractor(s)parties to revise the relevant scope, bud get, and timeline to reflect Council's direction. Because the proposed expenditures reflect negotiated agreements between the parties, changes may require renegotiation of contract terms before revised agreements can be brought back to Council for approval. This process would add time before affected programs could move forward and may affect the scope or timing of associated deliverables. Page 47 of 322 Item 6e 2. The Council could continue consideration of the funding priorities. Council could postpone action on this item to allow additional time to review and deliberate on the recommended program allocations for either the TBID or PCC, or both. Staff notes that a delay in approval may affect the ability to execute contracts and initiate programming for FY 2026-27. 3. The Council could authorize certain contracts and expenditures now while holding others for further review. Under this alternative, any grantee request to change how awarded funds are spent — including shifts in project scope, timeline, or budget line items — would be submitted in writing to PCC staff for review. Staff would bring the request back to the PCC for a recommendation, and any change would require Council approval before funds could be released or adjusted. This preserves Council's direct oversight of public grant funds but adds processing time to grantee requests, which could delay time-sensitive projects and increase staff coordination between grant cycles and Council meeting schedules. ATTACHMENTS A – TBID FY 2026-27 Line-Item Budget B – PCC FY 2026-27 Line-Item Budget C – TBID Bylaw Leg Draft 2026 D – June 10, 2026 TBID Minutes E – June 10, 2026 PCC Minutes F – CACP FY 2026-27 Funding Recommendations Page 48 of 322 TBID Budget 2026-27 Income Source 2026-27 TOT Revenue Assumption (City) $ 11,495,652 TBID Assessment (20% of TOT Revenue)2,299,130$ Carryover/Available Fund Balance Transfer TBID Program Budget 2,299,130$ Fund Reserve 459,826$ Expenditure FY 26-27 % of Budget Operations/Staffing Administration Overhead (2% of TBID Assessment)45,983$ 2.1% Staffing (1 FTE & .5 FTE)300,764$ 13.5% Staffing Contingency 85,000$ 3.8% Contracts & Marketing Services Marketing Contract - Noble Studios 1,250,000$ 56.3% PR- Chamber of Commerce 69,000$ 3.1% Guest Services- Chamber of Commerce 74,800$ 3.4% Media Monitoring Service Fee - Chamber of Commerce 4,200$ 0.2% Co-op Marketing Program Funding 30,000$ 1.4% Content Marketing Services - Badger Branding 107,700$ 4.9% Partnerships Cal Poly Athletics 65,000$ 2.9% EcoSLO - Sustainability Initiative 22,991$ 1.0% SLO Coast Wine Collective Membership 8,000$ 0.4% Kind Traveler 9,500$ 0.4% Events & Promotions General Events Promotion 50,000$ 2.3% Event Activation + Collateral 1,000$ 0.0% Seasonal Promotion 25,000$ 1.1% Tradeshows Tradeshows 15,000$ 0.7% Tourism Conferences 7,500$ 0.3% Tourism Organizations CCTC Dues 950$ 0.0% Smith Travel Report 2,707$ 0.1% CalTravel Membership 1,025$ 0.0% California Hotel & Lodging Association 35,000$ 1.6% Research + Program Research + Program Development 50,000$ 2.3% Support/ Meetings Tourism Program Expenses 7,500$ 0.3% FAM Trip Hosting 15,000$ 0.7% Services/Online Tools/Fulfillment (Dropbox, Survey Monkey, Sprout)8,500$ 0.4% Contingency Contingency Fund 7,010$ 0.3% Total Committed 2,299,130$ Funds Remaining 0$ Total 2,299,130$ Page 49 of 322 Page 50 of 322 Budget 2026-27 FY 26 Budget FY 27 Projected Budget 372,600$ 352,000$ Carryover 50,510$ Total Budget 423,110$ 352,000$ Expenditure 2025-26 2026-27 Notes Expenditure Grant Funding 100,000$ 100,000$ Funding available for CACP Grants Grant Promotional Contract 30,000$ 30,000$ Grant Support agreement w SLO Chamber; one- year agreement Community Placemaking & Cultural Vitality Projects 20,000$ 22,750$ Available for projects deemed important by the PCC to advance the goals of the committee ARTober 10,000$ 15,000$ Available for paid media and promotions as part of ARTober campaign. Lunar New Year Activation 19,500$ 15,000$ Available to support a 2026 Lunar New Year celebration. Guest Services 121,275$ 112,200$ Agreement w SLO Chamber; Shared commitment w/TBID - updated to 60/40 spilt PCC/TBID; one-year agreement PR Contract 50,000$ 46,000$ Agreement w SLO Chamber; Shared commitment w TBID - updated to 40/60 split PCC/TBID; one-year agreement Media Monitoring Service 3,500$ 2,800$ Agreement w SLO Chamber; Shared commitment w/TBID - updated to 40/60 spilt PCC/TBID; one-year agreement Tear-off Maps 7,500$ 3,250$ Agreement with the SLO Chamber to update design and reprint downtown tear-off maps Support Cost 5,000$ 5,000$ Staff expenses: meetings, materials, conferences/travel etc. Administration 31,547$ 36,102$ Staff salary - to be adjusted by Finance & HR based on actuals Total Committed 366,775$ 352,000$ -$ 352,000$ Updated 06/10/2026 Community Promotions Budget Worksheet Page 51 of 322 Page 52 of 322 N. Tourism Business Improvement District Board Bylaws (T/SP) ARTICLE 1. PURPOSE The Tourism Business Improvement District Board (TBID Board) advises the Council in the administration and use of the TBID assessment funds. The Board recommends projects to promote tourism to the City of San Luis Obispo to directly benefit the City’s lodging industry. ARTICLE 2. MEMBERSHIP The TBID Board shall consist of seven members from the San Luis Obispo City lodging industry as appointed by the Council. Because of the diversity among assessment district members represented by the Board, including local, regional and national lodging industry interests, it is neither practical nor advisable to limit Board membership to City residents. Accordingly, membership on the TBID Board shall be exempt from residency requirements otherwise applicable to City Advisory bodies. Board members shall be appointed for a term of four years, commencing on April 1st or any other date as directed by the Council. No Board member shall serve more than two consecutive terms (eight years) on the TBID Board. Any Board member who has been appointed to fill a vacant seat in mid-term shall not be precluded from thereafter serving two four-year terms (eight years), so long as the initial, partial term is less than one year. One member of the TBID Board shall be appointed by the Board to the Promotional Coordinating Committee for a term concurrent with his/her TBID Board term. In the event no member of the Board can serve on both Boards, the responsibility will fall to the Chair. ARTICLE 3. OFFICERS The officers shall be a Chairperson and a Vice Chairperson, each of whom shall be elected for a one-year term at the March meeting of the TBID Board for a term starting in April. No Board member shall serve more than two consecutive one-year terms as Chairperson or Vice Chairperson. Any Board member who has been appointed to fill a vacant seat as Chairperson or Vice Chairperson in mid-term shall not be precluded from thereafter serving as Chairperson or Vice Chairperson for two consecutive one-year terms, so long as the initial, partial term is less than six months. Special elections for Chair or Vice Chair shall be held at the first meeting following the unscheduled resignation of an officer, or other reason for an officer position to become vacant. The Chairperson shall preside over all meetings of the TBID Board, prepare all meeting agendas with staff, and otherwise perform such duties as directed by the TBID Board or Council. The immediate Past Chairperson shall automatically serve as the Vice Chairperson in order to give support to the incoming Chairperson and guarantee continuity and stability for the board Page 53 of 322 proceedings during the absence of the Chairperson. The Vice Chairperson shall serve in the absence or incapacity of the Chairperson. ARTICLE 4. MEETINGS 1. The TBID Board shall hold a regular meeting each month and no fewer than ten times per year. 2. The meetings are to be held in the Council Hearing Room, City Hall, 990 Palm Street, San Luis Obispo, California the second Wednesday of each month, unless another location and/or time has been announced as required by California law. 3. The meetings shall be open to the public. 4. A quorum is the majority of the total number of established members of the board. 5. All actions of the TBID Board shall be by a majority vote or consensus and shall be directed through the Chairperson. 6. Minutes of each meeting shall be taken, shall be available as a public record and forwarded to the Council if requested. 7. A special meeting may be called at any time by the Chairperson or by a majority of the Board members currently serving on the TBID Board, provided each member is given written notice of the special meeting at least 24 hours prior to the meeting, and the time and place of the special meeting is announced as required by California Law. 8. All meetings shall be conducted in general accordance with Robert’s Rules of Order, newly revised edition, subject to minor variation by the Chair as appropriate to the needs of the advisory body. 9. All Board members present at a meeting shall vote on any motion or resolution brought before the TBID Board, except when abstaining due to a conflict of interest. 10. Any Board member with a conflict of interest shall not vote on or participate in any discussion of an item or in any way attempt to influence the decision on such item. 11. Any failure to attend three consecutive meetings or a total of six regular meetings within any twelve-month period shall result in that member being automatically considered for replacement. Page 54 of 322 ARTICLE 5. FUNCTIONS AND DUTIES The functions and duties of the TBID Board shall include, but not be limited to, the following: 1. Plan a comprehensive program to promote tourism to the City of San Luis Obispo and prepare an annual marketing program consistent with industry goals and objectives. 2. Develop advertising and promotional programs and projects to benefit the lodging industry in San Luis Obispo. 3. Present an annual assessment report to the City Council regarding the implemented promotional programs and projects. 4. Perform any other lawful tasks as directed by the Council. ARTICLE 6. AMENDMENTS These bylaws may be amended by the Council, upon the recommendations of two -thirds of the members currently serving on the TBID Board, provided that the text of any such proposed amendment shall have first been provided in writing to each Board member. ARTICLE 7. FUND RESERVE POLICY The purpose of the Fund Reserve policy for the TBID is to ensure stability of the program under economic uncertainties. For the TBID Fund the level of the reserve has been established at 20% of the TBID’s projected annual budget. Under this policy, it is allowable for total expenditures to exceed revenues in a given year; however, the fund reserve can only be used to fund “one -time,” non-recurring expenditures upon TBID Board approval. In the instance funds are used, the reserve fund would be replenished to the established level in the next fiscal year. Page 55 of 322 Page 56 of 322 1 Tourism Business Improvement District Board Minutes June 10, 2026, 10:00 a.m. Council Hearing Room, 990 Palm Street, San Luis Obispo TBID Board Present: Member Mark Eads, Member Nipool Patel, Member Dante Specchierla, Chair Clint Pearce TBID Board Absent: Member Prashant Patel, Vice Chair Lori Keller City Staff Present: Tourism & Community Promotions Manager Jacqui Clark- Charlesworth and Tourism Intern Olivia Roman _____________________________________________________________________ 1. CALL TO ORDER A Regular Meeting of the San Luis Obispo Tourism Business Improvement District Board was called to order on June 10, 2026 at 10:03 a.m. in the Council Hearing Room at City Hall, 990 Palm Street, San Luis Obispo, by Chair Pearce. 2. PUBLIC COMMENT FOR ITEMS NOT ON THE AGENDA Public Comment: None --End of Public Comment-- 3. CONSENT Public Comment: None --End of Public Comment-- Motion By Member Nipool Patel Second By Member Specchierla To approve Consent Items 3.a through 3.g. Ayes (4): Member Eads, Member Nipool Patel, Member Specchierla, and Chair Pearce Absent (2): Member Patel and Vice Chair Keller CARRIED (4 to 0) Page 57 of 322 2 3.a MINUTES OF TBID SPECIAL MEETING ON MAY 14 3.b SMITH TRAVEL REPORT (STR) 3.c TRANSIENT OCCUPANCY TAX (TOT) REPORT 3.d SLO CHAMBER PUBLIC RELATIONS MONTHLY REPORT 3.e SLO CHAMBER GUEST SERVICES MONTHLY REPORT 3.f NOBLE STUDIOS & UNIQUELY DRIVEN MARKETING MONTHLY REPORT 3.g BADGER BRANDING ORGANIC SOCIAL REPORT 4. BUSINESS ITEMS 4.a CAL TRAVEL SUMMIT PARTICIPATION (10 MIN) Tourism & Community Promotions Manager Jacqui Clark-Charlesworth presented the staff report and responded to inquiries. Public Comment: None --End of Public Comment— Motion By Member Nipool Patel Second By Member Specchierla To approve $3,658 in total funding for staff participation in the CalTravel Summit. Registration to come from FY2025-26 Conference Budget and remaining expenses occurred during the Summit to come from FY2026-27 Conferences Budget. Ayes (4): Member Eads, Member Nipool Patel, Member Specchierla, and Chair Pearce Absent (2): Member Patel and Vice Chair Keller CARRIED (4 to 0) 4.b TBID CONTRACT APPROVALS (20 MIN) Tourism & Community Promotions Manager Jacqui Clark-Charlesworth presented the staff report and responded to inquiries. Public Comment: Garrett Olson Page 58 of 322 3 --End of Public Comment— Motion By Member Eads Second By Member Nipool Patel To approve the contractor agreements as recommended. Badger Branding • 1-year agreement as presented; utilizing City’s on-call communications list. SLO Chamber Guest Services • 1-year agreement as presented for Tier 1. Updated split 40% TBID/60% PCC. SLO Chamber Public Relations & Media Monitoring Service • 1-year agreement as presented for Tier 2. Updated split 60% TBID/ 40% PCC. Ayes (4): Member Eads, Member Nipool Patel, Member Specchierla, and Chair Pearce Absent (2): Member Patel and Vice Chair Keller CARRIED (4 to 0) 4.c FY 2026-27 TBID PROGRAM BUDGET (25 MIN) Tourism & Community Promotions Manager Jacqui Clark-Charlesworth provided an overview of the TBID Program Budget and reported on the recommendations of Management Subcommittee, comprised of Chair Clint Pearce, Member Prashant Patel, and Member Mark Eads. Public Comment: None --End of Public Comment-- Motion By Member Eads Second By Member Specchierla Page 59 of 322 4 Page 60 of 322 5 To approve the FY 2026-27 TBID Budget and program allocations as recommended by Management Subcommittee, Ayes (4): Member Eads, Member Nipool Patel, Member Specchierla, and Chair Pearce Absent (2): Member Patel and Vice Chair Keller CARRIED (4 to 0) 4.d VISIT SLO CAL CO-OP MARKETING CONSIDERATIONS (20 MIN) Tourism & Community Promotions Manager Jacqui Clark-Charlesworth presented the staff report and responded to inquiries. Public Comment: None --End of Public Comment— Motion By Member Eads Second By Member Specchierla To approve the budget spending on the presented cooperative marketing opportunities with Visit SLO CAL as outlined. Program Cost TBID Budget Sojern Media Buy $ 5,000 FY26 Co-op Marketing Economic Impact $ 8,000 FY26 Research & Program Development IPW $7,500 FY27 Tradeshows HotelBeds $6,000 FY26 Co-op Marketing Spartan Race Sponsorship $ 5,000 FY26 General Events Promotion Media & Meetings Mission - Dallas $ 3,000 FY26 Co-op Marketing Meetings & Groups Research $10,000 FY26 Research & Program Development House of Brand DAMS Content $10,000 FY26 Co-op Marketing Del Mar Food & Wine Festival $5,000-$7,000 FY27 Co-op Marketing Various FAM Hosting $500 - $ 1,500 FY27 FAM Trip Hosting Page 61 of 322 6 Ayes (4): Member Eads, Member Nipool Patel, Member Specchierla, and Chair Pearce Absent (2): Member Patel and Vice Chair Keller CARRIED (4 to 0) 4.e ELECTION OF CHAIR & VICE-CHAIR (10 MIN) To elect a Chair and Vice-Chair for the term of July 2026 to June 2027. Public Comment: None --End of Public Comment-- To approve appointing Chair Clint Pearce as Chair and Vice Chair Lori Keller as Vice Chair for the term July 2026 to June 2027 and to re-appoint Dante Specchierla to the TBID seat on the Promotional Coordinating Committee. Motion By Member Eads Second By Member Nipool Patel Ayes (4): Member Eads, Member Nipool Patel, Member Specchierla, and Chair Pearce Absent (2): Member Patel and Vice Chair Keller CARRIED (4 to 0) 5. TBID LIAISON REPORTS & COMMUNICATION 5.a HOTELIER UPDATE Members provided an update on graduation weekend and their observations on occupancy and bookings. 5.b MARKETING COMMITTEE UPDATE No marketing committee meeting was held. 5.c MANAGEMENT COMMITTEE UPDATE No management committee updates. Page 62 of 322 7 5.d PCC UPDATE Jacqui Clark-Charlesworth, Tourism & Community Promotions Manager provided a brief update on PCC activities. 5.e VISIT SLO CAL UPDATE Chair Pearce provided a brief update on Visit SLO CAL activities. 5.f TOURISM PROGRAM UPDATE Tourism & Community Promotions Manager Jacqui Clark-Charlesworth provided an update on the tourism program including that the July 3 Concerts in the Plaza funding for Downtown SLO would be split $15,000 from Economic Development funding and $15,000 from TBID’s FY 2025- 26 General Events Promotion Line Item. 6. ADJOURNMENT The meeting was adjourned at 11:22 a.m. The next Regular Meeting of the Tourism Business Improvement District Board is scheduled for July 8, 2026 at 10:00 a.m. in the Council Hearing Room at City Hall, 990 Palm Street, San Luis Obispo. _________________________ APPROVED BY TOURISM BUSINESS IMPROVEMENT DISTRICT BOARD: XX/XX/202X Page 63 of 322 Page 64 of 322 1 Promotional Coordinating Committee Minutes June 10, 2026, 5:30 p.m. Council Hearing Room, 990 Palm Street, San Luis Obispo PCC Members Present: Committee Member Dan Fredman, Committee Member Dante Specchierla, Committee Member Anni Wang, Committee Member Samantha Welch, Vice Chair Robin Wolf, Chair John Thomas City Staff Present: Tourism & Community Promotions Manager Jacqui Clark- Charlesworth _____________________________________________________________________ 1. CALL TO ORDER A Regular Meeting of the San Luis Obispo Promotional Coordinating Committee was called to order on June 10, 2026 at 5:31 p.m. in the Council Hearing Room at City Hall, 990 Palm Street, San Luis Obispo, by Chair Thomas. 2. PUBLIC COMMENT FOR ITEMS NOT ON THE AGENDA Public Comment: Megan Souza Hollie West --End of Public Comment-- 3. CONSENT Motion By Committee Member Welch Second By Committee Member Wang Ayes (6): Committee Member Fredman, Committee Member Specchierla, Committee Member Wang, Committee Member Welch, Vice Chair Wolf, Chair Thomas CARRIED (6 to 0) 3.a MINUTES OF THE REGULAR MEETING ON MAY 12 3.b 2025-26 COMMUNITY PROMOTION BUDGET REPORT 3.c SLO CHAMBER MONTHLY PUBLIC RELATIONS REPORT 3.d SLO CHAMBER GUEST SERVICES REPORT Page 65 of 322 2 3.e SLO CHAMBER GRANT SUPPORT REPORT 3.f TRANSIENT OCCUPANCY TAX (TOT) REPORT 4. PRESENTATIONS 4.a PUBLIC RELATIONS MONTHLY ACTIVITY UPDATE (15 MIN) Hollie West from SLO Chamber presented the public relations activities report for the months of April and May. Public Comment: None --End of Public Comment-- Action: No action taken on this item. 5. BUSINESS ITEMS 5.a PCC CONTRACT APPROVALS (25 MIN) Tourism & Community Promotions Manager Jacqui Clark-Charlesworth presented the staff report and responded to inquiries. Public Comment: None --End of Public Comment— Motion By Committee Member Welch Second By Committee Member Fredman To approve the contractor agreements as recommended. SLO Chamber Guest Services • 1-year agreement as presented for Tier 1. Updated split 60% PCC/40%TBID. SLO Chamber Public Relations & Media Monitoring Service • 1-year agreement as presented for Tier 2. Updated split 40% PCC/60% TBID. SLO Chamber CACP Grant Marketing Support • 1-year agreement as presented with cost analysis done this FY. Page 66 of 322 3 Budget 2026-27 FY 27 Projected Budget 352,000$ Carryover Total Budget 352,000$ Expenditure 2026-27 Notes Expenditure Grant Funding 100,000$ Funding available for CACP Grants Grant Promotional Contract 30,000$ Grant Support agreement w SLO Chamber; one-year agreement Community Placemaking & Cultural Vitality Projects 22,750$ Available for projects deemed important by the PCC to advance the goals of the committee ARTober 15,000$ Available for paid media and promotions as part of ARTober campaign. Lunar New Year Activation 15,000$ Available to support a 2026 Lunar New Year celebration. Guest Services 112,200$ Agreement w SLO Chamber; Shared commitment w/TBID - updated to 60/40 spilt PCC/TBID; one-year agreement PR Contract 46,000$ Agreement w SLO Chamber; Shared commitment w TBID - updated to 40/60 split PCC/TBID; one-year agreement Media Monitoring Service 2,800$ Agreement w SLO Chamber; Shared commitment w/TBID - updated to 40/60 spilt PCC/TBID; one-year agreement Tear-off Maps 3,250$ Agreement with the SLO Chamber to update design and reprint downtown tear- off maps Support Cost 5,000$ Staff expenses: meetings, materials, conferences/travel etc. Administration 35,938$ Staff salary - to be adjusted by Finance & HR based on actuals Total Committed 352,000$ Ayes (6): Committee Member Fredman, Committee Member Specchierla, Committee Member Wang, Committee Member Welch, Vice Chair Wolf, Chair Thomas CARRIED (6 to 0) 5.b FY 26-27 COMMUNITY PROMOTIONS PROGRAM BUDGET (30 MIN) Tourism & Community Promotions Manager Jacqui Clark-Charlesworth presented the staff report and responded to inquiries. Public Comment: None --End of Public Comment— Motion By Committee Member Wang Second By Vice Chair Wolf To approve the FY 2026-27 PCC Budget and program allocations as recommended. Page 67 of 322 4 Ayes (6): Committee Member Fredman, Committee Member Specchierla, Committee Member Wang, Committee Member Welch, Vice Chair Wolf, Chair Thomas CARRIED (6 to 0) 5.c CULTURAL ARTS & COMMUNITY PROMOTIONS GRANT LIAISONS (10 MIN) Tourism & Community Promotions Manager Jacqui Clark-Charlesworth presented the staff report and responded to inquiries. Public Comment: Megan Souza --End of Public Comment-- Board Member Liaison assignments to the FY 2026-27 Cultural Arts & Community Promotions Grant recipients are as follows: AAPI SLO - Committee Member Samantha Welch Cal Poly Arts - Committee Member Dan Fredman Central Coast Comedy Theatre - Committee Member Anni Wang Central Coast Shakespeare Festival - Vice Chair Robin Wolf City Farm SLO - Committee Member Dante Specchierla Civic Ballet of San Luis Obispo - Committee Member Samantha Welch Diversity Coalition of San Luis Obispo - Vice Chair Robin Wolf Downtown SLO - Vice Chair Robin Wolf ECOSLO - Committee Member Anni Wang Festival Mozaic - Committee Member Dan Fredman History Revisited - Chair John Thomas Hospice of SLO County - Chair John Thomas Latino Outreach Council - Committee Member Samantha Welch Performing Arts Center SLO - Committee Member Anni Wang Saint Andrew Greek Orthodox Church - Chair John Thomas Page 68 of 322 5 SLO Beaver Brigade - Committee Member Anni Wang SLO Botanical Garden - Vice Chair Robin Wolf SLO Int Film Fest - Yet to be confirmed Committee Member Megan Souza SLO Master Chorale - Yet to be confirmed Committee Member Megan Souza SLO Museum of Art - Committee Member Samantha Welch SLO Repertory Theatre - Chair John Thomas SLO Symphony - Committee Member Dan Fredman SLO Climate Coalition - Yet to be confirmed Committee Member Megan Souza The GALA Pride & Diversity Center - Committee Member Dante Specchierla The History Center of SLO County - Committee Member Dante Specchierla 5.d ELECTION OF CHAIR & VICE-CHAIR (10 MIN) Tourism & Community Promotions Manager Jacqui Clark-Charlesworth presented the staff report and responded to inquiries. Public Comment: None --End of Public Comment-- Motion By Committee Member Wang Second By Committee Member Fredman To approve appointing Vice Chair Robin Wolf as Chair and Committee Member Dante Specchierla as Vice Chair for the term July 2026 to June 2027. Ayes (6): Committee Member Fredman, Committee Member Specchierla, Committee Member Wang, Committee Member Welch, Vice Chair Wolf, Chair Thomas CARRIED (6 to 0) 6. PCC LIAISON REPORTS AND COMMUNICATION Page 69 of 322 6 6.a CACP LIAISON REPORT – Liaison Assignments No CACP Liaison report updates. 6.b COMMITTEE OUTREACH UPDATE – Committee Report Committee Member Welch provided brief information regarding the America's 250th Celebration and Concerts in the Plaza 30th Anniversary Festival 6.c TBID BOARD REPORT – TBID Meeting Minutes: May 14, 2026 Committee Member Specchierla provided an update on items the TBID has been working on. 6.d TOURISM PROGRAM UPDATE – Staff Report Tourism & Community Promotions Manager Jacqui Clark-Charlesworth provided an update on the Tourism Program. 7. ADJOURNMENT The meeting was adjourned at 7:05 p.m. The next Regular Meeting of the Promotional Coordinating Committee is scheduled for July 8, 2026 at 5:30 p.m. in the Council Hearing Room at City Hall, 990 Palm Street, San Luis Obispo. _________________________ APPROVED BY PROMOTIONAL COORDINATING COMMITTEE: XX/XX/202X Page 70 of 322 ORGANIZATION NAME EVENT NAME RECOMMENDATIONS DESIGNATED FUNDING ALLOCATIONS AAPI SLO AAPI SLO ANNUAL FESTIVAL $2,010.00 To be used towards grant funding request as presented. CAL POLY ARTS CAL POLY ARTS' GLOBAL MUSIC SERIES 2026-2027 $4,000.00 To be used towards social media, print, and radio ads. CANZONA WOMEN'S ENSEMBLE WINTER REVERIE $0.00 Event not aligned with current funding priorities. CENTRAL COAST COMEDY THEATER ONE-DAY IMPROV FESTIVAL $1,500.00 To be used toward social media, print, digital, radio advertising. CENTRAL COAST SHAKESPEARE FESTIVAL CENTRAL COAST SHAKESPEARE FESTIVAL $3,500.00 To be used for marketing and advertising, no printed banner. CITY FARM SLO 6TH ANNUAL SHEEP SHEARING SHINDIG $2,000.00 To be used towards social media and radio advertising and photo/videography, no printed materials. CIVIC BALLET OF SAN LUIS OBISPO THE WONDERFUL WIZARD OF OZ $1,500.00 To be used towards grant funding request as presented. DIVERSITY COALITION SAN LUIS OBISPO COUNTY WOMEN OF COLOR SYMPOSIUM $3,000.00 To be used towards regional advertising. DOWNTOWN SLO CONCERTS IN THE PLAZA $10,000.00 To be used 75% towards the audience of their choice and 25% of funding towards out- of county targeting with advertising of their choice. ECOSLO CREEKS TO COAST CLEANUP $3,000.00 To be used towards grant funding request as presented. FESTIVAL MOZAIC FESTIVAL MOZAIC SUMMER MUSIC AND ARTS FESTIVAL $4,500.00 To be used towards grant funding request as presented. HISTORY REVISTED 40TH ANNUAL CENTRAL COAST RENAISSANCE FESTIVAL $6,500.00 To be used towards out of county advertising only. HOSPICE OF SAN LUIS OBISPO COUNTY LIGHT UP A LIFE $1,200.00 To be used towards social media, print, and radio advertising. LATINO OUTREACH COUNCIL DIA DE LOS MUERTOS $5,990.00 To be used towards grant funding request as presented. PERFORMING ARTS CENTER SAN LUIS OBISPO JOURNEY TO OZ $3,000.00 To be used towards grant funding request as presented. SAINT ANDREW GREEK ORTHODOX CHURCH SAN LUIS OBISPO GREEK FESTIVAL $3,000.00 To be used towards radio and print advertising. SAN LUIS OBISPO BEAVER BRIGADE 5TH ANNUAL CENTRAL COAST BEAVER BRIGADE $5,000.00 To be used towards radio and print advertising. SAN LUIS OBISPO BOTANICAL GARDEN NATURE LIGHTS $3,500.00 To be used towards social media, print, and radio advertising. SAN LUIS OBISPO COMMUNITY ICE RINK SLO HOLIDAY COMMUNITY ICE RINK $0.00 Application did not meet the submission requirements. SLO INTERNATIONAL FILM FESTIVAL, INC 2027 SLO FILM FESTIVAL $8,000.00 To be used towards grant funding request as presented. SLO MASTER CHORALE 26/27 FALL FESTIVAL CONCERT / HOLIDAY FESTIVAL / LUX $2,500.00 To be used towards radio, print and broadcast advertising. SAN LUIS OBISPO MUSEUM OF ART BUNNIE REISS NATURE MURAL INSTALLATION AND PROGRAMMING $5,500.00 To be used towards social media, print, digital and radio advertising. SAN LUIS OBISPO REPERTORY THEATRE FOREVER PLAID $5,000.00 To be used towards grant funding request as presented. SAN LUIS OBISPO SOCCER CLUB CENTRAL COAST UNITED SUMMER CLASSIC $0.00 Request outside the scope of current funding criteria. SAN LUIS OBISPO SYMPHONY SAN LUIS OBISPO SYMPHONY 2026- 2027 SEASON $5,000.00 To be used towards social media and radio advertising. SLO CLIMATE COALITION SLO EARTHFEST 2027 $4,500.00 To be used towards social media, radio and print advertising. SLO OVERDOSE AWARENESS DAY SLO OVERDOSE AWARENESS DAY $0.00 Event not aligned with current funding priorities. THE GALA PRIDE AND DIVERSITY CENTER CENTRAL COAST PRIDE CELEBRATION 2027 $3,500.00 To be used towards social media and digital advertising and promotional video. THE HISTORY CENTER OF SAN LUIS OBISPO COUNTY SAN LUIS OBISPO COUNTY HISTORY DAY $2,800.00 To be used towards social media, broadcast and print advertising. $100,000.00 Page 71 of 322 Page 72 of 322 Item 6f Department: Public Works Cost Center: 5000 For Agenda of: 7/21/2026 Placement: Consent Estimated Time: N/A FROM: Aaron Floyd, Public Works & Utilities Director Prepared By: Greg Cruce, Deputy Director – Maintenance Operations SUBJECT: Freeway Maintenance Agreement and Project Specific Maintenance Agreement with the State of California, Department of Transportation RECOMMENDATION 1. Adopt a Resolution (Attachment A) titled, “A Resolution of the City Council of the City of San Luis Obispo, California, authorizing execution of a Freeway Maintenance Agreement with Caltrans for portions of State Route 101 within the City limits”; and 2. Adopt a Resolution (Attachment B) titled, “A Resolution of the City Council of the City of San Luis Obispo, California, authorizing execution of a Project-Specific Maintenance Agreement with Caltrans for portions of State Highway Route 1 within the City limits.” POLICY CONTEXT Pursuant to Sections 100.25 and 131 of the Streets and Highways Code, local agencies may request that the State maintain traffic control signal systems on the City’s street system leading to and from the State Highway System if necessary to accommodate freeway traffic in making proper connections between the City and State roadways. These provisions authorize local agencies and Caltrans to allocate maintenance responsibilities for facilities that serve both local and state transportation functions. DISCUSSION Background The City of San Luis Obispo (City) is traversed by both State Route 101 (SR 101) and State Route 1 (SR 1), resulting in a variety of transportation facilities serving both state and local purposes. For decades, the City and the California Department of Transportation (Caltrans) have maintained agreements that assign maintenance responsibilities for roadway, bicycle, pedestrian, landscaping, and related infrastructure located within or adjacent to state highway right-of-way. The proposed agreements update and consolidate longstanding mainte nance responsibilities between the City and Caltrans. A condition of the City’s encroachment permit for the Higuera Complete Streets Project is to have an updated Freeway Maintenance Page 73 of 322 Item 6f (FMA) approved prior to the start of construction, which is supported by approximately $6.95 million in State grant funding. Caltrans utilizes different agreement mechanisms depending on the type of facility being maintained. The proposed FMA addresses maintenance responsibilities associated with SR 101 freeway facilities and local roadway connections, while the proposed Project - Specific Maintenance Agreement (PSMA) consolidates maintenance responsibilities for City-requested improvements located within SR 1 right-of-way. Together, these agreements clarify maintenance responsibilities between the City and Caltrans and support the delivery and maintenance of transportation infrastructure within the City. Freeway Maintenance Agreement (FMA) The City entered into Freeway Agreements with Caltrans in 1961 (Attachment C) and 1972 (Attachment D) related to the construction of freeway facilities and associated local roadway connections within City limits. In 1966, the City entered into an FMA (Attachment E) with Caltrans that established maintenance responsibilities for freeway-related facilities within the City. In 1991, the Council approved an amendment to the FMA that added portions of Olive and Walnut Streets connecting SR 101 and SR 1. The proposed updated FMA (Attachment F) is intended to replace or supersede the current FMA (last amended in 1991), clarify responsibilities, and support efficient maintenance operations. The proposed FMA is for areas adjacent to SR 101 from post - marker 26.5 to post-marker 30.37 within the City limits. All areas of City responsibility within the proposed FMA are clearly identified within maps in Attachment F, Exhibit A. The City did not acquire any new locations of responsibility in the proposed FMA; however, it does include an expanded area of maintenance responsibilities for the City near the Marsh Street interchange (Attachment F, Exhibit A, Location 2), reflecting the City’s use of State property for the Cerro San Luis trailhead and parking area. The proposed FMA for Council’s consideration has been drafted using the same framework as the original 1966 FMA. Additional updates include language for encampment clean-up responsibilities within assigned areas and insurance requirements. Addressing impacts of encampments (e.g., trash) within the identified areas has historically been the City's responsibility; however, the prior FMA did not specifically list this task. The table below summarizes the primary maintenance responsibilities of each agency. Facility Type City Responsibilities Caltrans Responsibilities Vehicular Overcrossings (local streets crossing over Highway 101) Bridge deck surface maintenance, drainage systems, lighting and electrical costs, sidewalks, railings, signs, pavement markings, and other traffic service facilities on the local street crossing. Structural bridge components supporting the freeway system unless specifically assigned to the City. Page 74 of 322 Item 6f Facility Type City Responsibilities Caltrans Responsibilities Walls, Soundwalls1, and Columns Graffiti removal on designated City- facing surfaces. Ownership, structural maintenance, repair, and replacement of soundwalls, walls, and columns. Graffiti removal on State-facing surfaces. Landscaped Areas Weed abatement and vegetation management within designated City- assigned areas. Maintenance of landscaped areas not assigned to the City and areas within Caltrans- maintained facilities. Bicycle Paths, Lanes, and Cycle Tracks Maintenance of bicycle facilities, including pavement markings, signage, delineators, striping, and related improvements. Not a State responsibility Unsheltered Encampments Encampment removal within designated City-assigned areas in accordance with the City's CAMP2 Standards and applicable laws. Encampment response within Caltrans-maintained areas not assigned to the City. Freeway Travel Lanes, Shoulders, Ramps, and State Highway Infrastructure Not a City responsibility. Full maintenance responsibility. (The underlined and italicized “Facility Type” in the above table are not specifically listed in the original FMA; however, the City has historically performed the associated maintenance as new facilities were installed under specific encroachment permits.) In general, the City maintains local transportation facilities that serve residents, businesses, bicyclists, and pedestrians in areas adjacent to SR 101, while Caltrans maintains the freeway system itself. Any facilities or areas not specifically assigned to the City under the agreement remain the responsibility of Caltrans. Project Specific Maintenance Agreement (PSMA) State Route 1 (SR 1) also traverses the City and is owned and maintained by Caltrans. Over the years, the City has partnered with Caltrans to construct community improvements within the State right-of-way, including landscaping, street trees, bicycle facilities, transit amenities, and wayfinding signage. Each improvement was constructed under an individual Caltrans encroachment permit or project agreement that assigned ongoing maintenance responsibility for those specific improvements to the City. Many of these agreements have expired or were associated with programs that are no longer active, including the former Clean California Program. As a result, there is currently 1 Brizzolara Street 2 Compassionate Assistance, Mitigation, and Prevention (CAMP) Standards Page 75 of 322 Item 6f no single agreement that comprehensively documents the City's main tenance responsibilities within the SR 1 corridor. The proposed PSMA (Attachment G) consolidates these existing maintenance obligations into a single agreement. It does not transfer responsibility for SR 1 to the City or create new maintenance obligations. Instead, it documents the City's responsibility for maintaining improvements that it previously requested, funded, and installed while allowing future City-requested improvements to be incorporated thro ugh amendments, if needed. Caltrans will continue to maintain SR 1, including the travel lanes, shoulders, drainage systems, highway structures, and other state transportation infrastructure. The City's responsibilities are limited to the community enhancements identified in the agreement. The table below summarizes the improvements identified in the PSMA Agreement: Example Improvement Responsibility Street trees along Santa Rosa and Walnut Street City Landscaped medians along Santa Rosa through the City limits City Transit shelters installed by the City City Bicycle lane striping and signage installed by the City City Highway 1 travel lanes, pavement, and sidewalks Caltrans Highway drainage and highway structures Caltrans The proposed PSMA provides a single, centralized framework for administering maintenance responsibilities within SR 1 right-of-way, improving clarity, coordination, and continuity between the City and Caltrans. Next Steps The FMA and PSMA presented in this staff report were prepared in coordination with Caltrans District 5 staff. Both agreements have been reviewed by the City Attorney’s Office, Risk Management, and Caltrans State Headquarters. Adoption of the resolutions will authorize the Mayor and City Manager to execute the FMA and PSMA for the identified portions of SR 101 and SR 1 within the City of San Luis Obispo. Previous Council or Advisory Body Action The following agreements or agreement amendments were approved by previous Council actions: April 17, 1961, Freeway Agreement (Attachment C) May 5, 1966, Freeway Maintenance Agreement (Attachment E) July 3, 1972, Freeway Agreement (Attachment D) November 1, 1991, Freeway Maintenance Agreement Amendment Public Engagement Page 76 of 322 Item 6f Community members will have the opportunity to review the proposed agreements following publication of the July 21, 2026 Council Agenda and may provide public comments through agenda correspondence or at the public meeting. CONCURRENCE The City’s Risk Manager concurs with the recommendation. The City Attorney’s Office approves as to form both proposed agreements. ENVIRONMENTAL REVIEW The recommended action is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Existing Facilities). The proposed agreements provide for the operation, repair, maintenance, and minor alteration of existing public transportation facilities involving negligible or no expansion of existing or former use. The agreements clarify maintenance responsibilities between the City and Caltrans and do not authorize new construction or expansion of transportation facilities. FISCAL IMPACT Budgeted: N/A Budget Year: 2026-27 Funding Identified: N/A Fiscal Analysis: Funding Sources Total Budget Available Current Funding Request Remaining Balance Annual Ongoing Cost General Fund $ $ $ $ State Federal Fees Other: Total $0 $ $ $0 The scope of City maintenance responsibilities remains similar to the services delivered under the existing agreement and is funded through department operating budgets or existing capital projects. No new funding is required to fulfill the proposed obligations. ALTERNATIVES Council could decide not to approve the updated agreements or direct modifications to the agreements. Council could choose not to approve the updated agreements with Caltrans, or direct changes to the agreements, which would require review and approval by Caltrans. Not approving or delaying approval of the updated agreements could impact the City’s ability to remain on schedule for the Higuera Complete Streets Project. A requirement of the grant is to have an updated Freeway Maintenance Agreement approved prior to the beginning of construction, which is anticipated for Summer 2026. Page 77 of 322 Item 6f ATTACHMENTS A - Draft Resolution Approving the Freeway Maintenance Agreement B - Draft Resolution Approving the Project-Specific Maintenance Agreement C - April 17, 1961, Freeway Agreement D - July 3, 1972, Freeway Agreement E - May 5, 1966, Freeway Maintenance Agreement F - Exhibit A – Freeway Maintenance Agreement and Map G - Exhibit B – Project Specific Maintenance Agreement and Map Page 78 of 322 R ______ RESOLUTION NO. _____ (2026 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO A FREEWAY MAINTENANCE AGREEMENT WITH CALTRANS FOR THE PORTIONS OF STATE HIGHWAY ROUTE 101 WITHIN THE LIMITS OF THE CITY OF SAN LUIS OBISPO WHEREAS, the California Department of Transportation (“Caltrans”) is responsible for the construction, operation, and maintenance of the State Highway System, including freeway facilities within the City’s jurisdiction; and WHEREAS, in 1961 and 1972, Freeway Agreements were executed between the City of San Luis Obispo (“City”) and Caltrans, permitting control and maintenance over relocated or reconstructed City streets, frontage roads, and other State-constructed local roads; and WHEREAS, certain freeway improvements and appurtenant facilities within or adjacent to the City require ongoing maintenance, including but not limited to landscaping, lighting, drainage, signage, and related infrastructure; and WHEREAS, the City and Caltrans entered into a Freeway Maintenance Agreement dated May 5, 1966, related to the portions of State Route 101 within the limits of the City; and WHEREAS, the City and Caltrans amended the original Freeway Maintenance Agreement on November 5, 1991, to include additional areas; and WHEREAS, the City and Caltrans are in mutual agreement that an updated Freeway Maintenance Agreement will serve the best interests of both agencies and promote efficient maintenance operations. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that: Page 79 of 322 Resolution No. _____ (2026 Series) Page 2 R ______ SECTION 1. The Mayor and City Manager are authorized to execute the “Freeway Maintenance Agreement with the City of San Luis Obispo and Caltrans,” attached as Exhibit A. 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 21st day of July 2026. ___________________________ Mayor Erica A. Stewart ATTEST: ______________________ Teresa Purrington City Clerk APPROVED AS TO FORM: ______________________ J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on ______________________. ___________________________ Teresa Purrington City Clerk Page 80 of 322 R ______ RESOLUTION NO. _____ (2026 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO A PROJECT SPECIFIC MAINTENANCE AGREEMENT WITH CALTRANS FOR THE PORTIONS OF STATE HIGHWAY ROUTE 1 WITHIN THE LIMITS OF THE CITY OF SAN LUIS OBISPO WHEREAS, the California Department of Transportation (“Caltrans”) is responsible for the construction, operation, and maintenance of the State Highway System, including freeway facilities within the City’s jurisdiction; and WHEREAS, certain highway improvements and appurtenant facilities within or adjacent to the City require ongoing maintenance, including but not limited to landscaping, bike lanes, signage, and related infrastructure; and WHEREAS, the City of San Luis Obispo (“City”) has made improvements to portions of Caltrans right-of-way along portions of State Route 1 within the limits of the City through encroachment Permit Agreements; and WHEREAS, the State and City are in mutual agreement that a formal Project Specific Maintenance Agreement will serve the best interest of both agencies and promote efficient maintenance operations. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that: Page 81 of 322 Resolution No. _____ (2026 Series) Page 2 R ______ SECTION 1. The Mayor and City Manage are authorized to execute the “Project Specific Maintenance Agreement with the City of San Luis Obispo and Caltrans,” attached as Exhibit 1. 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 21st day of July 2026. ___________________________ Mayor Erica A. Stewart ATTEST: ______________________ Teresa Purrington City Clerk APPROVED AS TO FORM: ______________________ J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on ______________________. ___________________________ Teresa Purrington City Clerk Page 82 of 322 Page 83 of 322 Page 84 of 322 Page 85 of 322 Page 86 of 322 Page 87 of 322 Page 88 of 322 Page 89 of 322 Page 90 of 322 Page 91 of 322 Page 92 of 322 Page 93 of 322 Page 94 of 322 Page 95 of 322 Page 96 of 322 Page 97 of 322 Page 98 of 322 Page 99 of 322 Page 100 of 322 Page 101 of 322 Page 102 of 322 Page 103 of 322 Page 104 of 322 Page 105 of 322 Page 106 of 322 Page 107 of 322 Page 108 of 322 Page 109 of 322 Page 110 of 322 March 25, 2026 TR #05-6-HB21 SLO-101-26.5/30.37 – City of SLO FMA 1 FREEWAY MAINTENANCE AGREEMENT WITH CITY OF SAN LUIS OBISPO THIS AGREEMENT is made effective this ______ day of ____________, 20__, by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as “STATE” and the CITY of SAN LUIS OBISPO; hereinafter referred to as “CITY” and collectively referred to as “PARTIES”. SECTION I RECITALS 1. On April 17, 1961, a Freeway Agreement was executed between CITY and STATE, wherein the PARTIES consented to certain adjustments of the local street and road system required for the development of a portion of STATE Highway Route (SR) 101, declared a freeway, within the jurisdictional limits of the CITY; and 2. On July 3, 1972, a Freeway Agreement was executed between CITY and STATE, wherein the PARTIES consented to certain adjustments of the local street and road system required for the development of a portion of STATE Highway Route (SR) 101, declared a freeway, within the jurisdictional limits of the CITY; and 3. Recent adjustments to said freeway have now been completed, or are nearing completion, and the PARTIES hereto mutually desire to identify the maintenance responsibilities of the CITY for areas lying within those modified freeway limits; and 4. There is an existing Freeway Maintenance Agreement, with CITY dated May 5, 1966, amended on November 15, 1991. This Agreement is meant to replace or supersede the earlier agreement. NOW THEREFORE IT IS AGREED: SECTION II AGREEMENT 1. PARTIES agree this Agreement shall supersede in its entirety the said Freeway Maintenance Agreement executed by PARTIES on May 5, 1966, and as amended on November 15, 1991. 2. Pursuant to Section 3 of April 17, 1961, and Section 4 of the July 3, 1972 Freeway Agreements, CITY has resumed or will resume control and maintenance over each of the relocated or reconstructed CITY roads, frontage roads, and other Page 111 of 322 March 25, 2026 TR #05-6-HB21 SLO-101-26.5/30.37 – City of SLO FMA 2 STATE constructed local roads, except for any portion which is adopted by STATE as a part of the freeway proper. 3. The degree or extent of maintenance work to be performed, and the standards, therefore, shall be in accordance with the provisions of Section 27 of the Streets and Highways Code and the current edition of the State Maintenance Manual. 4. CITY agrees to continue their control and maintenance of each of the affected relocated or reconstructed CITY streets and roads as shown on that attached hereto, Exhibit A and made a part hereof by this reference. 5. When another planned future improvement has been constructed and/or a minor revision has been effected within the limits of the freeway herein described which will affect the PARTIES’ maintenance responsibility as described herein, and there is mutual agreement on a change in the maintenance responsibilities between PARTIES, the PARTIES can revise the Exhibit A by a mutual written- execution of each of the exhibits. 6. CITY must obtain the necessary Encroachment Permits from STATE’s District 5 Encroachment Permit Office prior to entering STATE right of way to perform CITY maintenance responsibilities. This permit will be issued at no cost to CITY. 7. VEHICULAR OVERCROSSINGS 7.1. CITY will maintain, at CITY expense, the deck wearing surface and structural drainage system (and shall perform such work as may be necessary to ensure an impervious and/or otherwise suitable surface) and all portions of the structure above the bridge deck of a vehicular overcrossing, including, but without limitation, lighting installations (including all electrical costs), drainage facilities, as well as all traffic service facilities (sidewalks, signs, pavement markings, bridge rails, etc.) that may be required for the benefit or control of traffic using that overcrossing. 7.2. As directed by section 92.6 of the Streets and Highways Code, at locations determined by STATE, screening shall be placed on STATE freeway overpasses on which pedestrians are allowed. All screens installed under this program will be maintained by STATE, at STATE expense. 8. VEHICULAR AND PEDESTRIAN UNDERCROSSINGS Page 112 of 322 March 25, 2026 TR #05-6-HB21 SLO-101-26.5/30.37 – City of SLO FMA 3 8.1. CITY will maintain the CITY paved roadway sections as shown on Exhibit A, including the traveled way, shoulders, curbs, sidewalks, wall surfaces (including eliminating graffiti), drainage installations, lighting installations (including all electrical costs) and traffic service facilities that may be required for the benefit or control of traffic using that undercrossing. 8.2. CITY will request STATE’s District Encroachment Permit Engineer to issue the necessary Encroachment Permit for any proposed change in minimum vertical clearances between CITY roadway surface and the structure that results from modifications to the roadway (except when said modifications are made by STATE). If the planned modifications will result in a reduction in the minimum clearance within the traveled way, an estimate of the clearance reduction must be provided to STATE’s Transportation Permit Engineer prior to starting work. Upon completion of that work, a vertical clearance diagram will be furnished to STATE’s Transportation Permit Engineer that shows revised minimum clearances for all affected movements of traffic, both at the edges of the traveled way and at points of minimum clearance within the traveled way. 9. WALLS, SOUNDWALLS, AND COLUMNS – CITY is responsible for debris removal, cleaning, and painting to keep CITY's side of any wall structure or column free of debris, dirt, and graffiti. 10. LANDSCAPED AREAS - CITY is responsible for the maintenance of any plantings or other types of roadside improvements lying outside of the fenced area restricting walk-on access to the freeway. CITY agrees to control weeds at a level acceptable to the STATE. Any weed control performed by chemical weed sprays (herbicides) shall comply with all laws, rules, and regulations established by the California Department of Food and Agriculture. All chemical spray operations shall be reported quarterly (Form LA17) to the STATE to: District 05 Maintenance at 50 Higuera Street, San Luis Obispo, CA 93401. 11. INTERCHANGE OPERATION - It is STATE’s responsibility to provide efficient operation of freeway interchanges, including ramp connections to local streets and roads. 12. ELECTRICALLY OPERATED TRAFFIC CONTROL DEVICES A separate “Shared Cost Electrical Agreement” has been executed allocating costs between parties. Page 113 of 322 March 25, 2026 TR #05-6-HB21 SLO-101-26.5/30.37 – City of SLO FMA 4 13. BICYCLE PATHS, LANES, AND CYCLE TRACKS - CITY is solely responsible for all improvements, including but not limited to the delineation, paving, supportive structural components and bridges (excluding vehicular and pedestrian overcrossings), aggregate base shoulder, retaining walls, all railings, bollards, flexible barriers, curbs, storm water control measures, all fences, guard railing, drainage facilities, and slope and structural adequacy and any plantings or other types of roadside development installed as part of the project located and constructed within CITY jurisdiction in STATE's right of way as depicted in Exhibit A. CITY will maintain, at CITY expense, a safe facility for bicycle and pedestrian travel along the entire length of the path/lane/cycle track by providing sweeping and debris removal when necessary; and all signing and striping, and pavement markings (including green paint), electrical facilities (solar or otherwise) required for the direction and operation of that non-motorized facility. CITY shall perform routine structural and maintenance inspections and repair, replace or complete other improvements necessary to ensure the path/lane/cycle track retains its integrity for the safety of the public using this/these structure(s) and travelers using STATE ROW. 14. GRAFFITI REMOVAL - CITY, at CITY’S sole cost and expense, shall remove all graffiti from areas and facilities described as CITY maintained in this Agreement. CITY is solely responsible for ensuring that any graffiti that in any way resembles a mural, artwork, paintings, or other similar elements shall not be removed without the written authorization of STATE. Graffiti removal must protect air and water quality as required by law. CITY shall conform to the terms stated in STATE’s Maintenance Manual, Volume 1, Family D Chapter, D1.07. 15. UNSHELTERED ENCAMPMENTS – CITY shall remove Persons Experiencing Homelessness (PEH) and any structures, personal property, debris, and/or other items related to the encampment from the locations shown as CITY maintained in Exhibit A subject to applicable State and Federal law. Notwithstanding the terms of this agreement, CITY can also comply with applicable municipal ordinances and policies as long as they are not in conflict with, and meet or exceed, State laws, policies, procedures, and specifications – including, but not limited to, those standards and procedures intended to safeguard the interest of Persons Experiencing Homelessness. CITY shall seek law enforcement presence when dealing with encampments as they see fit. Page 114 of 322 March 25, 2026 TR #05-6-HB21 SLO-101-26.5/30.37 – City of SLO FMA 5 Nothing in this AGREEMENT grants or waives the right of California Highway Patrol (CHP) and other law enforcement agencies having jurisdiction over the locations shown in Exhibit A. 16. LEGAL RELATIONS AND RESPONSIBILITIES 16.1. Nothing within the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not PARTIES to this Agreement or to affect the legal liability of a PARTY to the Agreement by imposing any standard of care with respect to the operation and maintenance of STATE highways and local facilities different from the standard of care imposed by law. 16.2. Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE, under or in connection with any work, authority or jurisdiction conferred upon STATE arising under this Agreement. It is understood and agreed that STATE shall fully defend, indemnify and save harmless CITY and their officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortuous, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this Agreement. 16.3. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction conferred upon CITY and arising under this Agreement. It is understood and agreed that CITY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortuous, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY under this Agreement. 17. PREVAILING WAGES: 17.1. Labor Code Compliance – If the work performed under this Agreement is done under contract and falls within the Labor Code section 1720(a)(1) definition of a "public works" in that it is construction, alteration, demolition, Page 115 of 322 March 25, 2026 TR #05-6-HB21 SLO-101-26.5/30.37 – City of SLO FMA 6 installation, or repair; or maintenance work under Labor Code section 1771, CITY must conform to the provisions of Labor Code sections 1720 through 1815, and all applicable provisions of California Code of Regulations found in Title 8, Chapter 8, Subchapter 3, Articles 1-7. CITY agrees to include prevailing wage requirements in its contracts for public works. Work performed by CITY's own forces is exempt from the Labor Code's Prevailing Wage requirements. 17.2. Requirements in Subcontracts - CITY shall require its contractors to include prevailing wage requirements in all subcontracts when the work to be performed by the subcontractor under this Agreement is a "public works" as defined in Labor Code Section 1720(a)(1) and Labor Code Section 1771. Subcontracts shall include all prevailing wage requirements set forth in CITY's contracts. 18. INSURANCE- CITY and its contractors shall maintain in force, during the term of this agreement, a policy of general liability insurance, including coverage of bodily injury liability and property damage liability, naming the STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess. Coverage shall be evidenced by a certificate of insurance in a form satisfactory to the STATE that shall be delivered to the STATE with a signed copy of this Agreement. 19. TERMINATION - This Agreement may be terminated by timely mutual written consent by PARTIES, and CITY’s failure to comply with the provisions of this Agreement may be grounds for a Notice of Termination by STATE. 20. TERM OF AGREEMENT - This Agreement shall become effective on the date first shown on its face sheet and shall remain in full force and effect until amended or terminated at any time upon mutual consent of the PARTIES or until terminated by STATE for cause. PARTIES are empowered by Streets and Highways Code Section 114 and 130 to enter into this Agreement and have delegated to the undersigned the authority to execute this Agreement on behalf of the respective agencies and covenants to have followed all the necessary legal requirements to validly execute this Agreement. IN WITNESS WHEREOF, PARTIES hereto have set their hands and seals the day and year first above written. Page 116 of 322 March 25, 2026 TR #05-6-HB21 SLO-101-26.5/30.37 – City of SLO FMA 7 THE CITY OF SAN LUIS OBISPO STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION By: __________________________ Mayor By: ___________________________ Deputy District Director Maintenance District 5 Initiated and Approved By: ___________________________ City Manager ATTEST: By: __________________________ City Clerk By: __________________________ City Attorney Page 117 of 322 March 25, 2026 TR #05-6-HB21 SLO-101-26.5/30.37 – City of SLO FMA Exhibit A (Plan map identifying the applicable STATE Routes (Freeway proper) and CITY road(s) and facilities) Page 118 of 322  ! #   #     # #       #  #      #  #         #  #      #   #         #  #      #   #  #        #     # #    #   #  #        #         #  #  #        #     # #  #        #    #    #  #  #                                                                                                !  !       !   !       !   !       !   !       !  !                                                                       "#        ! !         ! !                     !      !   !         !     !    !   !   !              !      !  !         !     !    !   !     ! Page 119 of 322 Page 120 of 322 Page 121 of 322 Page 122 of 322 Page 123 of 322 Page 124 of 322 Page 125 of 322 Page 126 of 322 May 4, 2026 Tr #05-6-HB23 SLO-1-L16.7/17.97 City of San Luis Obispo 1 PROJECT SPECIFIC MAINTENANCE AGREEMENT WITH CITY OF SAN LUIS OBISPO This Project Specific Maintenance Agreement (“AGREEMENT”) is made effective this _______ day of __________, 20___, by and between the State of California, acting by and through the Department of Transportation (“STATE”), and the City of SAN LUIS OBISPO (“LOCAL AGENCY”); each may be referred to individually as a “PARTY” and jointly as “PARTIES.” RECITALS 1. WHEREAS, a Cooperative Agreement 5CA9113 dated August 20, 1991 and 5CA9302 dated October 5, 1993 and Encroachment Permits Nos. 568E761211 dated August 5, 1968, 573E762397 dated November 9, 1973, 0586NMC0315 dated June 24, 1986, 0586NLC0355 dated July 8, 1986, 0588NLC0237 dated August 10, 1988, 0593NLC0378 dated October 27, 1993, 0511NBS0325 dated September 14, 2011, 0515NSI0375 dated October 5, 2015, and 0516NMC0431 dated August 16, 2016 was executed between LOCAL AGENCY and STATE to document the understanding between PARTIES regarding the planned improvement of the State Highway Route (SR) 1 and the adjustments of the local street and road system required for the development of that portion of SR 1 within the jurisdictional limits of the LOCAL AGENCY. 2. WHEREAS, the PARTIES hereto mutually desire to identify the maintenance responsibilities for the features and improvements, as defined herein, constructed or installed within the STATE right of way. 3. Categories of State Highway System (SHS) facilities covered under this AGREEMENT may include but are not limited to the following, which are specifically identified in Exhibit A: A. Bridge – A Bridge is a structure built to span a physical obstacle, including, but not limited to, a water body, valley, or road, allowing for the passage of vehicles, pedestrians, or trains. A Bridge may also include Undercrossings and Overcrossings. B. Complete Street Features and/or Enhancements – These may include, Bikeways (Class I, Class II, Class II with Buffer, Class III, and Class IV), pedestrian paths, bus lanes, parking spaces, sidewalks, crosswalks, textured surfaces, street furniture, roundabouts, signage, roadway Page 127 of 322 May 4, 2026 Tr #05-6-HB23 SLO-1-L16.7/17.97 City of San Luis Obispo 1 lighting, trash enclosures, street trees, tree wells, planters, planter boxes, landscaping, and irrigation. C. Drainage Facilities – Systems or structures designed to manage and direct the flow of water, typically to prevent flooding or waterlogging. Drainage Facilities include a variety of infrastructure components, such as: stormwater drains, sewers, ditches and channels, catch basins, retention or detention ponds, and culverts, inlets and outlets. D. Landscaped Areas – These areas include hardscaping, planting, vegetation, and related landscaping improvements. E. Walls, Retaining Walls, Columns, and Soundwalls – These improvements include structural components of embankments and noise reduction structures constructed within STATE ROW. 4. Definitions of SHS facilities components. A. Bikeway Class I – Provides a completely separated right-of-way designated for the exclusive use of bicycles and pedestrians with crossflows by motorists minimized. B. Bikeway Class II – Provides a restricted right-of-way designated for the exclusive or semi-exclusive use of bicycles with through travel by motor vehicles or pedestrians prohibited, but with vehicle parking and crossflows by pedestrians and motorists permitted. C. Bikeway Class III – Provides a right-of-way on-street or off-street, designated by signs or permanent markings and shared with pedestrians and motorists. D. Bikeway Class IV – Promotes active transportation and provides a right- of-way designated exclusively for bicycle travel adjacent to a roadway and which are separated from vehicular traffic. Types of separation include, but are not limited to, grade separation, flexible posts, inflexible physical barriers, or on-street parking. E. Bridge Rails and Posts – Portions of a Bridge attached to the bridge deck and deck surface. F. Crosswalk – Designated locations for pedestrians who are crossing roadways by defining and delineating paths on approaches to and within signalized intersections, and on approaches to other intersections where traffic stops. G. Deck Surface (Wearing Surface) – The surface of a bridge deck for vehicular traffic over the SHS (e.g., roadway surface). H. Deck – The structural component of a Bridge that supports and is below the Deck Surface (Wearing Surface) and above the Superstructure. I. Lighting – Electrical lamps and light posts installed within STATE ROW. J. Pedestrian Paths – A path or walkway, other than a sidewalk, that is owned by the City, County, or another public entity and is specifically Page 128 of 322 May 4, 2026 Tr #05-6-HB23 SLO-1-L16.7/17.97 City of San Luis Obispo 2 designed for pedestrian travel. The path is usually constructed of concrete, pavers, brick, stone, or asphalt, and it is designed for pedestrian use. K. Sidewalk – A paved path along the side of a road. L. Signage – Signs installed or approved by STATE. M. Street Furniture – Refers to various elements and structures placed along roadways (e.g., benches, trash bins, bicycle racks, lighting, bus stops/bus shelters, signage) to enhance pedestrian experience, improve safety, and contribute to the overall functionality and aesthetic of the street. These elements are designed to support active transportation, such as walking and cycling, while making the public space more comfortable and inviting for people. N. Structural/Roadway Drainage Facilities – Any facility that provides drainage to any location, including, but not limited to, culverts, wing walls, drains, drain inlets, gutters, curbs, and inlet grates. O. Substructure – Structural components of a Bridge that support the Superstructure and distribute the load to bridge footings and foundations. P. Superstructure – Structural portions of a Bridge supported by bridge columns/piers which are located below the Deck. OPERATIVE PROVISIONS 1. Maintenance Standards. PARTIES shall perform all maintenance in compliance with the standards set forth in Streets and Highways Code section 27, and in accordance with California laws, regulations, and STATE standards, including STATE’S Maintenance Manual, Code of Safe Operating Practices, policies, procedures, and specifications in effect and as amended. “Maintain” or “Maintenance” under this AGREEMENT includes routine inspections, repairs, cleaning, and State approved replacements. 2. Maintenance Service Schedule. Upon approval of the necessary Encroachment Permit to perform maintenance, LOCAL AGENCY shall provide STATE’s District Area Maintenance Superintendent, as shown in Exhibit C, at least twenty-four (24) hour prior telephone or email notice before performing any maintenance services under this AGREEMENT. LOCAL AGENCY shall notify the STATE of the frequency of its maintenance services. Maintenance services shall be performed between the hours indicated on the Encroachment Permit or otherwise authorized by STATE and may be performed on weekends and holidays if necessary. Page 129 of 322 May 4, 2026 Tr #05-6-HB23 SLO-1-L16.7/17.97 City of San Luis Obispo 3 3. Revising Exhibits. When another planned future improvement has been constructed and/or a revision to SHS facilities has been affected within the limits of the improvement covered by this AGREEMENT, PARTIES can revise this AGREEMENT by mutually amending, replacing, or providing additional pages to the Exhibits that must be signed by authorized representatives of PARTIES. No formal amendment to the body of this AGREEMENT will be necessary. The revised exhibit will thereafter supersede the previous Exhibit and become part of this AGREEMENT. 4. Amendment to Agreement. Except as provided in the preceding section concerning Exhibit amendments, the terms of this AGREEMENT can be changed only by a formal written amendment executed by all PARTIES. 5. Successors. This AGREEMENT shall be binding upon and inure to the benefit of each of the PARTIES and their respective successors-in-interest including, any subsequently incorporated city or other municipality established within the LOCAL AGENCY’s jurisdictional limits. If the successor city or municipality fails to enter into a new agreement with STATE to accept the obligations of the LOCAL AGENCY, LOCAL AGENCY shall continue to be contractually bound to STATE by the terms of this AGREEMENT. 6. Encroachment Permits. Before LOCAL AGENCY may enter STATE ROW to install any encroachment or perform any maintenance or work in the areas covered by this AGREEMENT, LOCAL AGENCY must first apply for and obtain an encroachment permit(s) from the STATE’s District 5 Encroachment Permit Office as per STATE’s EP policy. An encroachment permit issued by the STATE will be at no cost to LOCAL AGENCY. 1. the improved or unimproved roadway section(s) with STATE’s prior written approval. 7. Graffiti Removal. LOCAL AGENCY, at LOCAL AGENCY’s sole cost and expense, shall remove all graffiti from Undercrossing(s). LOCAL AGENCY is solely responsible for ensuring that any graffiti that in any way resembles a mural, artwork, painting, or other similar elements shall not be removed without the written authorization of STATE. Graffiti removal must protect air and water quality as required by law. LOCAL AGENCY shall conform to the terms stated in STATE’s Maintenance Manual, Volume 1, Chapter, D1.0 8. Complete Streets Features and/or Enhancements. A. The list of elements including, but not limited to, those provided in Exhibit A, were added to the SHS as part of a Complete Streets Project. PARTIES shall be responsible for the maintenance of each of the elements of the Complete Streets Features and/or Page 130 of 322 May 4, 2026 Tr #05-6-HB23 SLO-1-L16.7/17.97 City of San Luis Obispo 4 Enhancements as identified in Exhibit A and shall perform routine structural inspections, maintenance, repair and replace or complete other improvements necessary to ensure the respective features retain their integrity for the safety of the public using these features and travelers using STATE ROW. B. The PARTY identified as responsible in Exhibit A for the respective bikeway shall provide a safe facility for bicycle and pedestrian travel along the entire length of the said bikeway by providing sweeping and debris removal, when necessary, as deemed by STATE. C. The PARTY identified as responsible in Exhibit A shall maintain all signing and striping, electrical facilities (solar or otherwise), and pavement markings required for the direction and operation of that non-motorized facility. D. LOCAL AGENCY shall maintain green painted pavement markings within STATE’s right of way, as shown on Exhibit A. LOCAL AGENCY is responsible for the replacement of green pavement markings when pavement preservation measures are made by STATE. 9. Unsheltered Encampments. STATE shall remove Persons Experiencing Homelessness (PEH) and any structures, personal property, debris, and/or other items related to the encampment from the locations shown in Exhibit A, subject to STATE’s Maintenance Policy Directive 1001 R1, as amended, and applicable State and Federal law. Nothing in this AGREEMENT grants or waives the right of California Highway Patrol (CHP) and other law enforcement agencies having jurisdiction over the Locations shown in Exhibit A. 10. Graffiti Removal. LOCAL AGENCY, at LOCAL AGENCY’s sole cost and expense, shall remove all graffiti from areas identified in Exhibit A. LOCAL AGENCY is solely responsible for ensuring that any graffiti that in any way resembles a mural, artwork, painting, or other similar elements shall not be removed without the written authorization of STATE. Graffiti removal must protect air and water quality as required by law. LOCAL AGENCY shall conform to the terms stated in STATE’s Maintenance Manual, Volume 1, Chapter, D1.07. 11. Landscaped Areas. LOCAL AGENCY is responsible for the maintenance of any plantings or other types of roadside improvements installed by LOCAL AGENCY as permitted encroachments lying inside of STATE ROW as shown in Exhibit A. LOCAL AGENCY agrees to do the following: Page 131 of 322 May 4, 2026 Tr #05-6-HB23 SLO-1-L16.7/17.97 City of San Luis Obispo 5 A. To prune shrubs, tree plantings, and trees to control extraneous growth and ensure STATE standard lines of sight to signs and corner sight distances are always maintained for the safety of the public. B. To replace unhealthy or dead plantings when observed or within 30 days when notified in writing by STATE that plant replacement is required. C. To expeditiously maintain, replace, repair or remove from service any components of landscaping that has become unsafe or unsightly. D. To furnish electricity for irrigation system controls, and lighting system controls for all street lighting systems installed by LOCAL AGENCY. E. To maintain, repair and operate the irrigation systems in a manner that prevents water from flooding or spraying onto STATE highway, spraying parked and moving automobiles, spraying pedestrians on public sidewalks/bike paths, or leaving surface water that becomes a hazard to vehicular or pedestrian/bicyclist travel. F. To control weeds at a level acceptable to the STATE. Any weed control performed by chemical weed sprays (herbicides) shall comply with all laws, rules, and regulations established by the California Department of Food and Agriculture. All chemical spray operations shall be reported quarterly (Form LA17) to the STATE to: District 5 Maintenance at 50 Higuera Street, San Luis Obispo, CA 93401. G. To repair or replace any STATE facilities damaged or disturbed by CITY maintained Landscaping. H. To remove Landscaping and appurtenances and restore STATE owned areas to a safe and attractive condition acceptable to STATE in the event this Agreement is terminated as set forth herein. 12. Legal Relations and Responsibilities. A. No Third-Party Beneficiaries. This AGREEMENT is not intended to create duties, obligations, or rights of third parties beyond the PARTIES to this AGREEMENT. Nor does this AGREEMENT affect a PARTY’s legal liability by imposing any standard of care for the operation and maintenance of STATE highways and Page 132 of 322 May 4, 2026 Tr #05-6-HB23 SLO-1-L16.7/17.97 City of San Luis Obispo 6 LOCAL AGENCY facilities different from the standard of care imposed by law. B. Indemnification. Neither LOCAL AGENCY nor any of its officers or employees is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE in connection with any work, authority or jurisdiction conferred upon STATE pursuant to this AGREEMENT. To the fullest extent permitted by law, STATE shall fully defend, indemnify, and save harmless LOCAL AGENCY and its officers and employees from all claims, suits or actions of every kind occurring by reason of anything done or omitted to be done by STATE, its contractors, sub-contractors, and/or its agents pursuant to this AGREEMENT. Neither STATE nor any of its officers or employees is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by LOCAL AGENCY in connection with any work, authority or jurisdiction conferred upon LOCAL AGENCY pursuant to this AGREEMENT. To the fullest extent permitted by law, LOCAL AGENCY, shall fully defend, indemnify, and save harmless STATE and its officers and employees from all claims, suits or actions of every kind occurring by reason of anything done or omitted to be done by LOCAL AGENCY, its contractors, sub-contractors, and/or its agents pursuant to this AGREEMENT. C. Prevailing Wages and Labor Code Compliance. LOCAL AGENCY shall comply with any and all applicable labor and prevailing wage requirements in Labor Code Sections 1720 through 1815 and implement regulations for any public works or maintenance contracts and subcontracts executed for the LOCAL AGENCY’s work under this AGREEMENT. D. Insurance. LOCAL AGENCY and its contractors shall maintain in force, during the term of this AGREEMENT, a policy of general liability insurance, including coverage of bodily injury and property damage liability, naming the STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence, $2 million in aggregate, and $5 million in excess, as may be amended as the minimum liability coverage limits codified in the State’s Standard Specifications. LOCAL AGENCY will provide a certificate of insurance evidencing this insurance in a form satisfactory to STATE as a condition to STATE’s execution of this AGREEMENT. Page 133 of 322 May 4, 2026 Tr #05-6-HB23 SLO-1-L16.7/17.97 City of San Luis Obispo 7 13. Default. If LOCAL AGENCY fails to perform obligations assumed under this AGREEMENT, STATE may by written notice request that the default be remedied within thirty (30) calendar days. If LOCAL AGENCY fails or refuses to do so, STATE may complete the obligations and seek reimbursement from the LOCAL AGENCY who shall pay the invoice within thirty (30) calendar days. 14. Complete Agreement. This AGREEMENT, along with any attachments, is the full and complete integration of the PARTIES’ agreement with respect to the maintenance of the locations identified in Exhibit A. This AGREEMENT supersedes any previous written or oral agreements between the PARTIES with respect to the locations identified in Exhibit A. Unless otherwise stated, to the extent there is any conflict between this AGREEMENT and any other agreement (written or oral) regarding maintenance of the area identified in Exhibit A, the terms of this AGREEMENT shall control. 15. Severability. The unenforceability, invalidity, or illegality of any provision(s) of this AGREEMENT shall not render the other provisions unenforceable, invalid, or illegal. 16. Waiver. Waiver by any PARTY of any portion of this AGREEMENT shall not constitute a waiver of the same or any other portion hereof. 17. Governing Law. This AGREEMENT shall be governed by and interpreted in accordance with California law. 18. Notice. If either PARTY shall desire or is required to give notice to the other, such notice shall be given in writing, via email, and concurrently delivered by: (a) personal delivery, in which case, notice is effective upon delivery; (b) overnight courier (i.e., Federal Express) with charges prepaid or charged to the sender’s account, in which case, notice is effective when delivered; (c) priority U.S. Mail, in which case, notice shall be deemed delivered on the second business day after the deposit thereof with the U.S. Postal Service. 19. Cost. Any PARTY who is assigned obligation under this AGREEMENT shall complete them at their own costs, unless expressly stated otherwise in this AGREEMENT. Page 134 of 322 May 4, 2026 Tr #05-6-HB23 SLO-1-L16.7/17.97 City of San Luis Obispo 8 20. Termination. This AGREEMENT may be terminated by the mutual written consent of each PARTY. The STATE may terminate this AGREEMENT, should the LOCAL AGENCY fail to perform the requirements of this AGREEMENT at the time and in the manner provided herein. 21. Effective Date. This AGREEMENT shall become effective on the last of the dates each PARTY’s authorized representative has executed this AGREEMENT. 22. Authority. Each individual executing this AGREEMENT on behalf of each PARTY represents and warrants that he/she is duly authorized to execute this AGREEMENT. LOCAL AGENCY represents and certifies that it has, through its regular political process, authorized the execution of this AGREEMENT by appropriate resolution, delegation, or plenary authority, as required. A true and correct copy of the local resolution or ordinance has been provided to the STATE. 23. Electronic Signatures. Electronic signatures of the PARTIES, whether digital or encrypted, are intended to authenticate this written AGREEMENT, and shall have the same force and effect as manual signatures for this AGREEMENT. Page 135 of 322 May 4, 2026 Tr #05-6-HB23 SLO-1-L16.7/17.97 City of San Luis Obispo 14 THE CITY OF SAN LUIS OBISPO STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION By: __________________________ Mayor Initiated and Approved By: ___________________________ CITY Manager By: ___________________________ Deputy District Director Maintenance District 5 ATTEST: By: __________________________ CITY Clerk By: __________________________ CITY Attorney Page 136 of 322 May 4, 2026 Tr #05-6-HB23 SLO-1-L16.7/17.97 City of San Luis Obispo EXHIBIT A (Plan map identifying the applicable STATE Routes and LOCAL AGENCY facilities.) Page 137 of 322 Page 138 of 322 Page 139 of 322  0                                                                                            ! 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Page 143 of 322 May 4, 2026 Tr #05-6-HB23 SLO-1-L16.7/17.97 City of San Luis Obispo EXHIBIT A-1 Complete Street Features STATE LOCAL AGENCY N/A Standard sidewalks X Decorative sidewalks X Class I Bikeway (within STATE R/W) X Class II Bikeway (with stripe buffered) X Class II Bikeway (without buffered) X Class III Bikeway (Shared Lanes and Shared Shoulders) X Class IV Separated Bikeway in STATE R/W (Raised Island with planting or buffer with vertical element) X Green Pavement Markings X Standard crosswalks (including continental or ladder style) X Decorative crosswalks (brick thermoplastic, colored concrete, non-standard plan) X Intersection Lighting/Signal pole (State-standard) X Intersection Lighting/Signal pole (Non-State standard) X Bicycle detection X Pedestrian signal indication and push button X Pedestrian hybrid beacons X In-Roadway Warning Lights at Crosswalks X Roadway Rapid Flashing Beacons (RRFBs) solar X Roadway Rapid Flashing Beacons (RRFBs) hardwired X Street Trees/Tree Wells, Medians (Landscaping), including irrigation systems X Decorative lighting with decorative pole X Bicycle parking (secure bike racks or bike lockers) X Trash/Recycling receptacles X Page 144 of 322 May 4, 2026 Tr #05-6-HB23 SLO-1-L16.7/17.97 City of San Luis Obispo Transit Facilities (Bus Stops, Bus Shelters, and Benches) X Brown City-standard road signs X Custom City signs X Page 145 of 322 May 4, 2026 Tr #05-6-HB23 SLO-1-L16.7/17.97 City of San Luis Obispo Exhibit B PARTY Representatives Contact information. LOCAL AGENCY Attn: Greg Cruce, Deputy Director of Maintenance Operations Address: 25 Prado Road City, Zip: San Luis Obispo, 93401 Contact Number: 805-781-7264 STATE Attn: Tyler Laing Address: 50 Higuera Street City, Zip: San Luis Obispo, 93401 Contact Number: 805-858-8191 STATE AREA MAINTENANCE SUPERINTENDENT Attn: State Maintenance Superintendent: Joshua Milton Email: joshua.milton@dot.ca.gov Phone: 805-922-1987 Page 146 of 322 Item 6g Department: Administration Cost Center: 1021 For Agenda of: 7/21/2026 Placement: Consent Estimated Time: N/A FROM: Greg Hermann, Deputy City Manager Prepared By: Teresa Purrington, City Clerk SUBJECT: SELECTION OF VOTING DELEGATE AND ALTERNATES FOR THE 2026 LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE RECOMMENDATION Appoint Council Member Mike Boswell as the Voting Delegate and Council Member Jan Marx as Alternate Voting Delegate to vote on the City’s behalf at the Annual Business Meeting of the League of California Cities on Thursday, September 24, 2026. Policy Context Per the League of California Cities bylaws, each member city has a right to cas t one vote on matters pertaining to League policy. A city’s voting delegate, and up to two alternates, must be designated by the City Council either by submitting a Voting Delegate Form signed by the City Clerk affirming that the names provided are those selected by the City Council or by adopting a Resolution that reflects the Council action. DISCUSSION The League of California Cities Annual Conference will be held September 23 – 25, 2026, in Anaheim, California. An important component of the Annual Conference is the Annual Resolutions Committee Meeting scheduled for 1:00 p.m. on Thursday, September 24, 2026. At this meeting, the League membership will consider and act on resolutions that establish League policy. To vote at the Resolutions Committee Meeting, the City Council must designate a voting delegate. Council may also appoint two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Council Member Boswell and Council Member Marx volunteered to represent the City as the Voting Delegate and Alternate. Council’s assigned delegates will be provided to Cal Cities on the Voting Delegate form signed by the City Clerk by the September 1st deadline. Public Engagement This is an administrative item, so no formal public engagement was done. Members of the public may provide comment regarding this action either before the City Council meeting or at the meeting. Page 147 of 322 Item 6g ENVIRONMENTAL REVIEW The California Environmental Quality Act does not apply to the recommended action in this report, because the action does not constitute a “Project” under CEQA Guidelines Sec. 15378. FISCAL IMPACT Budgeted: Yes Budget Year: 2026-27 Funding Identified: Yes Fiscal Analysis: Funding Sources Total Budget Available Current Funding Request Remaining Balance Annual Ongoing Cost General Fund $8,500 $ $ State Federal Fees Other: Total $8,500 $ $ $ The necessary financial resources have been included in the 2026-2027 budget for Council Members’ attendance at the League of California Cities Annual Conference. ALTERNATIVES 1. Council could appoint different or alternative Members to represent the City on the Resolutions Committee 2. Council could also decide to appoint a second alternate in the event the Delegate or 1st Alternate is unable to attend. Page 148 of 322 Item 6h Department: Community Development Cost Center: 4003 For Agenda of: 7/21/2026 Placement: Consent Estimated Time: N/A FROM: Timmi Tway, Community Development Director Prepared By: Callie Taylor, Senior Planner SUBJECT: 2026 ANNUAL MONITORING FOR THE SAN LUIS RANCH DEVELOPMENT AGREEMENT, MITIGATION MEASURES, AND PROJECT CONDITIONS RECOMMENDATION Receive and file the 2026 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. A Development Agreement (DA) between the City and MI San Luis Ranch, LLC, was approved by the City Council on August 21, 2018. The original Specific Plan included up to 580 residential units, 150,000 square feet of commercial, a 200-room hotel, 100,000 square feet of office, 2.8 acres of parks, and 53-acres of agriculture or open space including an Agricultural Heritage Center. A Specific Plan Amendment was approved by City Council in November 2020 to allow a density bonus and to construct between 64 to 77 units of affordable housing on a 1.85-acre portion of Lot 7. The density bonus increased the total residential units allowed within the Specific Plan to 654 units. Substantial development has occurred in San Luis Ranch over the past six (6) years. Construction of the previously approved 577 residential units was completed by June 2025, which included all of the market rate housing units entitled by the San Luis Ranch Specific Plan. The 200-room dual brand hotel (Marriott SpringHill Suites and Residence Inn) and the Agricultural Heritage Center (now known as SLO Ranch Farms and Marketplace) were completed in 2025. A blueberry farmer has begun to farm the agricultural site. The bulk of onsite and offsite public improvements were completed prior to 2024. The 11.44-acre Lot 7 Neighborhood Commercial mixed use site and the 4.2-acre Lot 9 Neighborhood Commercial office site have not yet been submitted by the Developer for development review. Progress towards development of the remaining site components has been minimal this past year, with no new submittals from the Developer and no permits issued since the last annual report in 2025. Page 149 of 322 Item 6h Both the DA (Articles 10 and 11) and Mitigation Monitoring and Reporting Plan (MMRP) require annual monitoring and reporting of activities. This report addresses activities that have taken place through May 2026, and whether those activities are in substantial compliance with the DA, applicable project conditions, and Final Environmental Impact Report (FEIR) mitigation measures. As outlined in the report below, the project is in compliance with all provisions of the DA as well as most relevant FEIR mitigation measures and project conditions, except for the affordable housing construction. The three (3) outstanding items of non-compliance identified in this report that require further action include the construction of 64 to 77 affordable housing units on the Lot 7 mixed use site, the installation of street trees on Froom Ranch Way and Dalidio Drive, and development compliance on the agricultural farming site. Due to the ongoing nature of the project, certain aspects are subject to continued monitoring as the project continues to build out. POLICY CONTEXT The approved San Luis Ranch project was found to be consistent with the General Plan at the time of its approval in 2017. 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. The approved 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 will be applied for the project, in exchange for extraordinary public benefits. 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. 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 relevant aspects of the DA itself, as well as the FEIR mitigation measures. This annual report is prepared for compliance with those monitoring and reporting requirements. 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 below. Background 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. A Development Agreement (DA) between the City and MI San Luis Ranch, LLC, was approved by the City Council August 21, 2018. The Final Map for VTTM 3096 was approved by the City Council on November 27, 2018. Site grading Page 150 of 322 Item 6h and construction of improvements began in 2019. The original Specific Plan included up to 580 residential units, 150,000 square feet of commercial, a 200-room hotel, 100,000 square feet of office, 2.8 acres of parks, and 53- acres of agriculture or open space with an Agricultural Heritage Center. A Specific Plan Amendment was approved by City Council on November 17, 2020 to allow a density bonus request and construction of between 64 to 77 units of affordable housing on a 1.85- acre portion of Lot 7, thereby increasing the total residential units allowed within the project to 654 units. Modifications to the commercial square footage identified for the Lot 7 and Lot 9 Commercial Neighborhood sites were also included with the 2020 Specific Plan amendment. The City Council reviewed and provided direction on an initiation request for Lot 7 on December 10, 2024 to allow an additional 276 residential units in place of commercial development. Current development potential for all portions of the Specific Plan is identified in Table 1 below. Figure 1. San Luis Ranch Project Area Map Commercial and Residential Construction Progress As of May 2026, 577 residential units have been constructed and occupied. This includes Page 151 of 322 Item 6h 198 NG-10 single family units, 83 NG-23 single family units, and 296 NG-30 multifamily condominium units. Construction of the 200-room dual brand hotel (Marriott SpringHill Suites and Residence Inn) and the Agricultural Heritage Center (now known as SLO Ranch Farms and Marketplace) were completed in 2025. A blueberry farmer has begun to farm the agricultural site. Construction of the entitled development areas within San Luis Ranch were completed in June of 2025, and there has not been any active construction or new development within the project area since that time. Entitlements have not yet been submitted by the property owner for development of the Lot 7 or Lot 9 Neighborhood Commercial sites. Table 1 below identifies current status of entitlement approvals, construction, and occupancy for all portions of the San Luis Ranch project. Development Area Development Review completed Total Development Potential Constructed and Occupied Remaining (Not Started) NG-10 Single-Unit Residences Entitled by Specific Plan 198 units 198 units - NG-23 Single-Unit Residences Entitled by Specific Plan 83 units 83 units - NG-30 Multifamily Residential The Orchard City Council April 7, 2020 Resolution No. 11110 296 units 296 units - Agricultural Heritage and Learning Center 53- acres Planning Commission Oct. 27, 2021 Resolution PC-1054-21 31,236 sf commercial Onsite farming 31,236 sf commercial Onsite farming - Hotel Site 3.41-acres Neighborhood Commercial Planning Commission July 22, 2020 Resolution PC-1015-20 200 room hotel 200 room hotel - Lot 7 (Mixed Use) 11.44-acres Neighborhood Commercial Not Submitted 114,300 sf commercial 64-77 affordable housing units - 114,300 sf commercial 64-77 affordable housing units Lot 9 (Office) 4.2-acres Neighborhood Commercial Not Submitted 97,000 sf office - 97,000 sf office Total Up to 654 units 145,536 sf commercial Onsite farming 200 room hotel 97,000 sf office 577 units 31,236 sf commercial Onsite farming 200 room hotel 114,300 sf commercial 64-77 affordable housing units 97,000 sf office Table 2. San Luis Ranch Current Development Status (May 2026) Page 152 of 322 Item 6h Public Improvements: All major public improvement projects required for the development have been completed. These include the following major improvements:  Public Improvement Plans (PIPs), including the extension of backbone roadways (Dalidio Drive and Froom Ranch Way) and utilities through the site, for onsite improvements associated with VTTM 3096.  Offsite improvements associated with Froom Ranch Way west of the site to its intersection with Los Osos Valley Road.  The fourth leg of the roundabout at Dalidio Drive and Froom Ranch Way was completed in fall of 2024, where access to the Madonna shopping center is now provided.  Most onsite and offsite public improvements were completed in 2022, and all public improvements were complete by 2025.  Developer worked with City Transportation staff and Caltrans to complete the required monitoring of Highway 101 level of service between Marsh & LOVR.  Central 2.8-acre neighborhood park was constructed within the single-family portion of the Specific Plan area.  Fair share contribution to the cost of construction of the future Prado Road and Highway 101 Interchange was fulfilled by San Luis Ranch on November 15, 2023. San Luis Ranch fulfilled its required 28% contribution towards the Prado Road Interchange with a contribution of $28,415,268 (28% of the $101,483,100 Prado Interchange 2023 cost estimate). The City is continuing with the design development for the Prado Road Interchange in coordination with Caltrans. PROJECT COMPLIANCE Development Agreement A Development Agreement 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. A Development Agreement is adopted by the City via Ordinance. 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 to clarify certain aspects of project implementation. Consistent with Articles 10 and 11 of the DA, a report documenting compliance with the DA must occur on an annual basis. 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 Page 153 of 322 Item 6h 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. One community benefit identified by the DA is for the Developer 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 only unfu lfilled DA obligation described in the non- compliance section below. 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 May 2026. 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 feasible and fully enforceable. Mitigation measures were included in the 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 adopted a Statement of Overriding Considerations to revise phasing and 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. 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. 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 site compliance. 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. The only remaining fair share traffic mitigation fees are ongoing payment of Transportation Impact Fees (“TIF”) which are to be paid with each building permit on the remaining unbuilt portions of the projects (Lot 7 and Lot 9). All mitigation measures related to rehabilitation Page 154 of 322 Item 6h of historical structures have also been completed. The ownership of the open space lots along Prefumo Creek was transferred from the Developer to the SLR Homeowners Association (HOA) in 2024, and the HOA has been coordinating with a project arborist, landscape maintenance contractors, and the project biologist to complete the required maintenance and monitoring, as required by the Habitat Mitigation and Monitoring Plan (HMMP). 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. Items of Non-Compliance, Ongoing Monitoring, and Coordination There are six (6) key items associated with the DA, MMRP, and conditions of approval that are still outstanding and have been identified as unfulfilled DA terms, conditions, or mitigation measures which require ongoing monitoring and coordination . The first three items are non-compliance issues, while the last three items are related to current or ongoing work and continued monitoring. 1. Affordable Housing. Development Agreement Section 7.05 addresses affordable housing provisions. The DA states that the Developer shall integrate affordable units into neighborhoods as required by the Affordable Housing Agreement (DA Exhibit F) for the on-site residential development in compliance with the City’s Inclusionary Housing Ordinance. 34 affordable housing units were required by the City’s Inclusionary Housing Ordinance in order to satisfy the inclusionary requirements of the market rate housing, including 26 very-low-income units to be constructed within the multifamily NG-30 site, plus four (4) low-income units and (4) moderate income units to be constructed within the single-family portions of the development. The eight (8) low- and moderate-income units were completed in conjunction with the surrounding single-family development, dispersed throughout the site, constructed and sold concurrently with the market rate units. The DA requires additional affordable units or payment of in-lieu fees to fulfill the inclusionary requirements of the project’s commercial sites. The commercial components of the SLR project require an additional 34 affordable units to satisfy the commercial portion of the project’s inclusionary requirement, bringing the total project inclusionary requirement to 68 affordable units required by the original DA within the SLR Specific Plan area. Page 155 of 322 Item 6h The DA also required 14 workforce housing units to be provided. The workforce housing units were constructed in the stacked flats and studio units on the NG-30 site, and have been made available to eligible households earning 121 -160% of the area median income. The workforce units have all either been sold or are being rented to qualified renters in the NG-30 portion of the project. 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). On November 17, 2020, a Specific Plan amendment was approved by the City Council to move the 26 very-low income units from the multifamily residential (NG- 30) site to a 1.85-acre area in the Neighborhood Commercial Lot 7. In exchange for relocation of the required 26 very-low income affordable units and a density bonus to increase the total number of market rate un its within the Specific Plan area, the Developer offered an additional four (4) to 17 very-low income units, which are to be constructed in addition to the project’s original affordable housing requirements. The 2020 Specific Plan Amendment increased the total unit count of the project to 654 residential units, including a total of 72 to 85 deed restricted affordable housing units within the Specific Plan area. 64 to 77 of those affordable housing units were approved to be constructed on Lot 7 by the 2020 Specific Plan amendment. The 64 to 77 affordable units on Lot 7 are required to fulfill the project’s inclusionary housing requirements (both commercial inclusionary and market rate housing inclusionary requirements), to comply with the contractual requirements of the DA, and to fulfill the requirements of the density bonus approved by City Council in 2020. 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 and remains out of compliance with this contract requirement. As approved by the 2020 Specific Plan amendment, the majority of the project’s affordable housing is identified for construction on Lot 7, which the Developer intends to transfer to an affordable housing provider (such as People’s Self Help Housing (PSHH)) for construction. A Final Map has not been submitted or recorded by the Developer to establish a parcel that can be dedicated to PSHH. Improvement plans have not been developed and 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 or when PSHH will fund construction of the required affordable housing development. Table 2 is a summary of the affordable housing currently required to be constructed within the Specific Plan area. These totals do 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 156 of 322 Item 6h 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 multifamily development - Transferred in 2020 from multifamily 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 multifamily 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 Table 2. San Luis Ranch Affordable Housing Status (May 2026) It is important to note that construction of the affordable housing remains as a contractual obligation of the DA to be fulfilled by the Developer. The DA states that affordable units shall “be constructed by San Luis Ranch, and/or provided by dedicating and donating improved land to a non-profit affordable housing provider. However, should an affordable housing provider fail to construct the units, the obligation to provide for the 34 deed-restricted affordable housing units remains with San Luis Ranch to complete.” Remaining affordable housing obligations were discussed during the Lot 7 initiation at the City Council hearing of December 10, 2024 where Council concurred with staff’s recommendation that at the time of review for development of Lot 7, additional timing triggers should be added with conditions of approval and included in the development agreement to ensure the affordable units are constructed concurrently with any further development of market rate units. To date, an application for the development of Lot 7 has not been received. Once an application is received for development of Lot 7, staff will ensure the completion of remaining affordable housing, including any additional affordable housing required by the proposed development of Lot 7. Page 157 of 322 Item 6h 2. Street Tree Planting. Condition of approval #55 of San Luis Ranch’s tentative tract map approval required street trees as a condition of development, to be planted as shown on the conceptual landscape plan approved with Vesting Tentative Tract Map 3096. The condition of approval states that street trees shall generally be planted at the rate of one 15 -gallon street tree for each 35 lineal feet of property frontage. The 2019 issued Public Improvement Plans for Tract 3096 did not identify street trees, and therefore the street trees were not installed 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 street frontages. In conversations with the Developer, it has been discussed that the street trees will be installed in conjunction with the development of Lot 7 at the corner of Froom Ranch Way and Dalidio Drive. City staff continues to track this as an unfulfilled condition of approval which must be complet ed by the Developer with build out of the next phase of the project. 3. Agricultural Farming Site. An Agricultural Conservation Easement was dedicated on January 30, 2019, to preserve 42.56 acres of prime farmland for onsite farming within San Luis Ranch. In 2024, the site was leased to an organic blueberry farmer, and site improvements were installed to facilitate farming. Several site improvements were installed without proper permits, including installation of a large water tank and basin. The City issued a Notice of Violation in 2024. Permits and plans were submitted last year but were lacking required information and have not been finalized for issuance. City Code Enforcement recently issued an Administrative Citation due to lack of progress relating to required permits. Continued lack of progress will result in additional citations or other Code Enforcement action. Building and grading permits, proper construction, and inspections are required in order to bring the site into compliance with applicable codes and regulations. In addition, stormwater compliance on site must be maintained in accordance with Regional Water Quality Control Board (RWQCB) standards. Due to the installation of the plastic hoop houses (which did not require building permits), dra inage and impervious surfaces on the property were altered. The property owner needs to obtain RWQCB approval for an agricultural discharge permit and submit verification of compliance to the City. This process was started in 2024; however, has not yet been completed. City staff will continue to pursue compliance through the code enforcement process. 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 provide a buffer between the agricultural site and the residential units.” The following exhibit was required to Page 158 of 322 Item 6h be incorporated into the Specific Plan to identify how the mitigation measure will be fulfilled. Figure 2. Froom Ranch Road Agricultural Buffer, from San Luis Ranch Specific Plan (Figure 4.2) The agricultural property owner planted buffer landscape, including oleander shrubs, last year. Due to a bio swale located on the south side of Froom Ranch Way, the installed agricultural landscape buffer does not provide the same appearance as Figure 2 (above) from the Specific Plan. The installed landscape is not yet mature but should eventually grow into a taller buffer over the next several years. City staff will continue to monitor the site to ensure plantings survive and the landscape buffer is maintained for mitigation measure compliance. 4. Open Space Monitoring and Maintenance. Mitigation Measures BIO-2(a) and BIO- 2(b) require habitat restoration to be completed and monitored for five (5) 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 site grading in 2019 and in July 2021. However, ongoing monitoring reports for the biological restoration areas were not submitted by the Developer for several years between 2020 to 2023. Ownership of the open space property along Prefumo Creek was transferred from the Developer to the SLR Homeowners Association (HOA) in 2024. The HOA has been coordinating with the project arborist, landscape maintenance contractors, and the project biologist over the past two (2) years to complete the required maintenance and monitoring. Two (2) annual reports have been submitted (Year 2024 and Year 2025) to show compliance with the Habitat Mitigation and Monitoring Plan (HMMP). The annual biological monitoring reports show that all riparian mitigation and compensatory tree mitigation plantings are being maintained and are surviving at appropriate rates. These efforts by the HOA have brought the open space site into compliance with the mitigation measures. The HOA’s arborist monitors the health and safety of the large eucalyptus trees within the open space. The arborist and landscape contractor provide site maintenance regularly at the direction of the HOA, and obtain tree removal permits from the City when necessary. Monitoring will continue for three (3) more years, as required by the HMMP. Maintenance bonds from the original Developer are still held by the City to ensure compliance with the FEIR mitigation requirements. Page 159 of 322 Item 6h 5. 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 are currently coordinating with the Developer on cost documentation and will prepare reimbursement agreements for Council consideration at a future date. 6. 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 19, 2025. The next annual CFD report is anticipated to be presented to the City Council in August 2026. Activities Which Have Not Yet Begun 1. Lot 7 Neighborhood Commercial Mixed Use. 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 resubdivision of Lot 7. No development has occurred on the site and the Final Map and site improvement permits have not been submitted. The entitlement for this site is expected to be amended prior to construction in order to authorize a modified site design. 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 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. Add itional 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. Page 160 of 322 Item 6h 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 not yet submitted applications or plans to the City to begin processing the proposed amendments. City staff continues to check in with the Developer and the residential home builder to inquire about applications; but has not received concrete information about potential timing of application submittal. 2. Lot 9 Office/Neighborhood Commercial. 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 97,000 square feet of office buildings. Access to this parcel is provided via a new driveway entrance which was installed with the completion of the fourth leg of the Dalidio Drive and Froom Ranch Way roundabout in 2024. No permits have been submitted or issued for construction on the office lot to date. A Development Plan entitlement is required to be submitted and approved by the City for review of the site prior to construction. 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. CONCURRENCE Ongoing collaboration among departments, including Community Development, Public Works, Utilities, Parks and Recreation, Natural Resources, Sustainability Division, and the City Attorney’s Office, has continued throughout project development and construction. This ongoing collaboration by City staff has been vital to ensure compliance with the DA provisions, mitigation measures, and conditions of approval, and to identify and resolve items of non-compliance, as discussed in this annual report. ENVIRONMENTAL REVIEW Annual monitoring of the Avila 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.” Therefore, the proposed action is categorically exempt from further analysis under CEQA. 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 Page 161 of 322 Item 6h not change any aspect of the approved Avila Ranch project, nor does it introduce the potential for any new environmental impacts. FISCAL IMPACT Budgeted: Yes Budget Year: Annually beginning 2025-26 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. Supplemental taxes are assessed and collected on the project through the Community Facilities District to pay for City services and infrastructure maintenance. 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 August 19, 2025. 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. Page 162 of 322 Item 6h 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 (May 2026) Page 163 of 322 Page 164 of 322 San Luis Ranch Summary of Compliance with Development Agreement May 2026 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 Page 165 of 322 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 166 of 322 San Luis Ranch Summary of Compliance with Mitigation Measures May 2026 Mitigation Measures Item MM ID Summary Description Compliance Status 1 AG-3(a) Agricultural Conflict Avoidance Measures. SP in compliance; installation in progress 2 AG-3(c) Buffer Landscaping. Recently installed; continue to monitor 3 N-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 167 of 322 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. Portions complete; ongoing compliance 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 168 of 322 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 169 of 322 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 170 of 322 San Luis Ranch May 2026 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 Page 171 of 322 29 93 All plans to show compliance with all regulations Completed; ongoing with individual projects 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 /Replanting complete; continue to monitor 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 Page 172 of 322 64 115 Enter into affordable housing agreement with the City, included in DA AHA completed - required units not installed per AHA 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; ongoing 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 Page 173 of 322 99 53 Install street lighting along public streets Completed 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 174 of 322 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated May 2026) 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. Page 175 of 322 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated May 2026) 2 Mitigation Measure Plan Requirements and Timing Monitoring Requirements and Status Responsible 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 Page 176 of 322 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated May 2026) 3 Mitigation Measure Plan Requirements and Timing Monitoring Requirements and Status Responsible Agency or Party 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 Page 177 of 322 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated May 2026) 4 Mitigation Measure Plan Requirements and Timing Monitoring Requirements and Status Responsible 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 Page 178 of 322 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated May 2026) 5 Mitigation Measure Plan Requirements and Timing Monitoring Requirements and Status Responsible 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 Page 179 of 322 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated May 2026) 6 Mitigation Measure Plan Requirements and Timing Monitoring Requirements and Status 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 Page 180 of 322 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated May 2026) 7 Mitigation Measure Plan Requirements and Timing Monitoring Requirements and Status 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; Page 181 of 322 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated May 2026) 8 Mitigation Measure Plan Requirements and Timing Monitoring Requirements and Status Responsible 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 Page 182 of 322 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated May 2026) 9 Mitigation Measure Plan Requirements and Timing Monitoring Requirements and 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 Page 183 of 322 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated May 2026) 10 Mitigation Measure Plan Requirements 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 Page 184 of 322 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated May 2026) 11 Mitigation Measure Plan Requirements 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. Page 185 of 322 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated May 2026) 12 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 Page 186 of 322 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated May 2026) 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 187 of 322 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated May 2026) 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 188 of 322 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated May 2026) 15 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 189 of 322 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated May 2026) 16 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. Page 190 of 322 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated May 2026) 17 Mitigation Measure Plan Requirements 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 Page 191 of 322 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated May 2026) 18 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 Page 192 of 322 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated May 2026) 19 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. Page 193 of 322 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated May 2026) 20 Mitigation Measure Plan Requirements and Timing Monitoring Requirements and Status Responsible 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 Page 194 of 322 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated May 2026) 21 Mitigation Measure Plan Requirements and Timing Monitoring Requirements and Status Responsible 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 Page 195 of 322 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated May 2026) 22 Mitigation Measure Plan Requirements and Timing Monitoring Requirements and Status Responsible 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 Page 196 of 322 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated May 2026) 23 Mitigation Measure Plan Requirements and Timing Monitoring Requirements and Status 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 Page 197 of 322 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated May 2026) 24 Mitigation Measure Plan Requirements and Timing Monitoring Requirements and Status 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. Page 198 of 322 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated May 2026) 25 Mitigation Measure Plan Requirements and Timing Monitoring Requirements and Status 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 Page 199 of 322 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated May 2026) 26 Mitigation Measure Plan Requirements and Timing Monitoring Requirements and Status 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 Page 200 of 322 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated May 2026) 27 Mitigation Measure Plan Requirements and Timing Monitoring Requirements and Status 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 Page 201 of 322 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated May 2026) 28 Mitigation Measure Plan Requirements and Timing Monitoring Requirements and Status 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 202 of 322 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated May 2026) 29 Mitigation Measure Plan Requirements 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 Page 203 of 322 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated May 2026) 30 Mitigation Measure Plan Requirements 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 204 of 322 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated May 2026) 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 205 of 322 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated May 2026) 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 206 of 322 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated May 2026) 33 Mitigation Measure Plan Requirements 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 207 of 322 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated May 2026) 34 Mitigation Measure Plan Requirements 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 Page 208 of 322 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated May 2026) 35 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 Page 209 of 322 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated May 2026) 36 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 Page 210 of 322 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated May 2026) 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. Page 211 of 322 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated May 2026) 38 Mitigation Measure Plan Requirements and Timing Monitoring Requirements and Status 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 Page 212 of 322 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated May 2026) 39 Mitigation Measure Plan Requirements 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 Page 213 of 322 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated May 2026) 40 Mitigation Measure Plan Requirements and Timing Monitoring Requirements and 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 Page 214 of 322 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated May 2026) 41 Mitigation Measure Plan Requirements and Timing 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 Page 215 of 322 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated May 2026) 42 Mitigation Measure Plan Requirements and Timing 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 Page 216 of 322 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated May 2026) 43 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 Page 217 of 322 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated May 2026) 44 Mitigation Measure Plan Requirements and Timing Monitoring Requirements and Status 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 Page 218 of 322 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated May 2026) 45 Mitigation Measure Plan Requirements and Timing Monitoring Requirements and Status 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 Page 219 of 322 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated May 2026) 46 Mitigation Measure Plan Requirements and Timing Monitoring Requirements and Status 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 Page 220 of 322 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated May 2026) 47 Mitigation Measure Plan Requirements and Timing Monitoring Requirements and Status 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 Page 221 of 322 Page 222 of 322 Item 6i Department: Community Development Cost Center: 4003 For Agenda of: 7/21/2026 Placement: Consent Estimated Time: N/A FROM: Timmi Tway, Community Development Director Prepared By: Callie Taylor, Senior Planner SUBJECT: 2026 ANNUAL MONITORING FOR THE AVILA RANCH DEVELOPMENT AGREEMENT, MITIGATION MEASURES, AND PROJECT CONDITIONS RECOMMENDATION Receive and file the 2026 annual monitoring report for the Avila Ranch Development Agreement, mitigation measures, and required project conditions. REPORT-IN-BRIEF On September 19, 2017, the City Council approved the Avila Ranch project, including a Phased Vesting Tentative Map for Tract 3089, a Development Agreement (DA) between the City and Avila Ranch, LLC, and certified the Final Environmental Impact Report (FEIR) for the project. Once completely built out, Avila Ranch would include 740 dwelling units, 15,000 square feet of commercial uses, 17 acres of parks, and 50 acres of agriculture and open space. As of May 2026, 218 single family homes (R-2 zone) are constructed and occupied in Phases 1, 2, and 3. This includes 152 units in Phase 1 and 66 units in Phases 2 and 3. In addition, there are six (6) completed model homes in Phase 1. There are 55 homes currently under construction in Phases 2 and 3. Architectural review for all 740 dwelling units within Phases 1 through 5 has been approved by Planning Commission. Final maps have been recorded for Phases 1, 2, 3, and 5, and the Phase 4 final map is expected to be scheduled for City Council acceptance later this year. Several large public improvement projects required for the development have been completed or are under design development and construction, including extension of Buckley Road, sewer extension and lift station, Earthwood Lane extension, and progress towards Buckley Road widening and installation of bike lanes. Construction of Buckley Road improvement plans is expected to begin early in 2027. These improvements will significantly improve multi - modal circulation on Buckley Road. Accomplishment of this milestone has been made possible since Avila Ranch was able to acquire the offsite right-of-way to install required bike lanes, the south bike bridge, and related widening of Buckley Road. The Buckley Road Improvement plans have also received approvals from the County. Page 223 of 322 Item 6i The DA and the FEIR Mitigation Monitoring and Reporting Program (MMRP) require annual monitoring and reporting of activities. This report addresses development activities for the project that have taken place through May 2026. As detailed in this annual report and the attached spreadsheets, the Avila Ranch project is in compliance with all applicable provisions of the DA, as well as all relevant FEIR mitigation measures. Since many of these also relate to project conditions, this report also evaluates compliance with these conditions and finds that the project is in compliance. Due to the fluid nature of the phased project, certain aspects of the DA, mitigation measures, and project conditions are subject to ongoing monitoring as development occurs and therefore will continue to be evaluated for compliance through project build out. POLICY CONTEXT The approved Avila 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 (DA), required mitigation measures, and project conditions. Compliance with these provisions is discussed in the body of this report. The approved 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 will be applied to the project, in exchange for extraordinary public benefits. 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. Both the DA (Articles 10 and 11) and Mitigation Monitoring and Reporting Plan (MMRP) require annual monitoring and reporting of activities in order to determine whether the project is in compliance with all relevant aspects of the DA itself, as well as the FEIR mitigation measures. DISCUSSION The Avila Ranch project site is located at 175 Venture Drive within the Airport Area Specific Plan. Figure 1 shows the project area with phasing. Page 224 of 322 Item 6i Figure 1. Avila Ranch Project Area Phasing Map Background On September 19, 2017, the City Council approved the Development Plan, Phased Vesting Tentative Tract (VTTM) 3089, Final EIR, and DA between the City and Avila Ranch, LLC. Once completely built out, Avila Ranch would include 740 dwelling units, 15,000 square feet of commercial uses, 17 acres of parks, and 50 acres of agriculture and open space. Entitlements, Final Maps, and Residential Construction Progress As of May 2026, 218 single family homes (R-2 zone) are constructed and occupied in Phases 1, 2, and 3. This includes 152 units in Phase 1 and 66 units in Phases 2 and 3. In addition, there are six (6) completed model h omes in Phase 1. The remaining 21 lots located in Phase 1 will be constructed after Phase 2/3, due to their location surrounding the model homes. There are 55 single family homes (R-2) currently under construction in Phases 2 and 3, which are expected to be completed over the next year by mid-2027. In the past year, three major entitlement milestones have been met: A. Recordation of Phase 5 final map. The Final Map for Phase 5, including 101 R-1 zoned lots, was accepted by City Council on September 16, 2025. The Final Map was recorded on December 22, 2025. The associated Public Improvement Plans have been issued and onsite improvements are underway. Development review was previously approved for the R-1 units in Phase 5 in 2022 by the Planning Commission. Building permits are currently under review by the City, and construction of the model homes for Phase 5 is expected within the next year. Page 225 of 322 Item 6i B. Phase 4 Final Map. The Phase 4 Final Map and associated Public Improvement Plans are currently under review by the City and are expected to be deemed complete this year. City Council acceptance of the Phase 4 Final Map will then be scheduled. The map includes multifamily (R -3) parcels for development of 194 condominiums and townhomes, the large 10 -acre community park, and the project’s remaining agricultural parcels. C. Phase 4 (R-3) Development Plan Approval. On December 10, 2025, the Planning Commission approved a development review application for Phase 4, including 194 R-3 zoned townhomes. Approval was based on a recommendation from the Architectural Review Commission. A Tentative Tract Map for condominium purposes was approved in conjunction with the development review in order to create individual air space units that can be sold for the townhomes. As of 2026, development review for all 740 dwelling units within Phases 1 through 5, have been approved by Planning Commission. For each phase, the Architectural Review Commission reviewed the applicant’s design proposal, and recommended Planning Commission approval subject to conditions. The last remaining project components that will require development review are the neighborhoo d commercial site (which is entitled for 15,000 square feet of commercial uses and potential mixed use and affordable housing units) and the interim fire station that will be located on Earthwood Lane. The commercial parcels were recorded with the Phase 5 Final Map and therefore have been established. The Developer will submit an application for development review of the site for Planning Commission consideration when a commercial tenant or buyer is identified. The proposed interim Fire station can be reviewed in a separate process and would require Moderate Development Review (review by the Architectural Review Commission and final action by the Community Development Director). Final maps have been recorded for Phases 1, 2, 3, and 5 of Tract 3089 for Avila Ranch. The Phase 4 Final Map is expected to be scheduled for City Council acceptance later this year. Phase 6 of the Phased Vesting Tentative Tract Map has been eliminated because the commercial parcels were included with the Phase 5 Final Map, and the re maining agricultural parcels are included in the Phase 4 Final Map. Upon recordation of the Phase 4 Final Map, all parcels entitled with the 2017 Phase Vesting Tentative Tract Map and Avila Ranch Development Plan will be recorded and established as legal p arcels. Table 1 below identifies current status of design approvals, phased Final Map recordation, construction, and occupancy for all phases of the Avila Ranch project. Page 226 of 322 Item 6i Phase Development Review completed Phased Final Map Total Development Potential Constructed and Occupied Under Construction Remaining (Not Started) Phase 1 SFR (R-2) Planning Commission Sept. 22, 2021 Resolution PC- 1046-2021 City Council: Dec. 4, 2018 Recorded: Dec. 23, 2021 179 units 152 units plus 6 model homes - 21 units Public Improvements – Complete Developer to construct last 21 lots near model homes after Phase 2/3 SFRs Phase 2 and 3 SFR (R-2) Planning Commission Sept. 22, 2021 Resolution PC- 1046-2021 City Council: Jan. 23, 2024 Recorded: April 1, 2025 121 units 66 units 55 units - Units currently under construction Public Improvements – Mostly Complete Phase 3 (R-4) Multifamily Apartments Planning Commission Feb. 14, 2024 Resolution PC- 1083-2024 City Council: Dec. 4, 2018 Recorded: Dec. 23, 2021 145 units - - 145 units Lots established with Phase 1 Final Map Approved with 20-Unit Density Bonus; Includes 59 deed restricted units Phases 4 (R-3) Condos and Townhomes Planning Commission Dec. 10, 2025 Resolution PC- 1114-2025 City Council acceptance to be scheduled in 2026 194 units - - 194 units Final Map and Public Improvement Plans currently under review Phase 5 SFR (R-1) Planning Commission Aug. 10, 2022 Resolution PC- 1065-2022 City Council: Sept. 16, 2025 Recorded: Dec. 22, 2025 101 units - - 101 units Public Improvements - Under Construction Building Permits – Under Review Neighborhood Commercial Not yet submitted City Council: Sept. 16, 2025 Recorded: Dec. 22, 2025 15,000 sf commercial - - 15,000 sf commercial Originally Phase 6, however, lots recorded with Phase 5 final map Will submit development review when commercial tenant/buyer is identified Total: 740 units 15,000 sf commercial 218 units plus 6 model homes 55 units 461 units 15,000 sf commercial Table 2. Avila Ranch Current Development Status by Phase (May 2026) Page 227 of 322 Item 6i Affordable Housing The project’s current Affordable Housing Agreements call for 90 affordable and 25 workforce units within the Avila Ranch development. This is an increase compared to the 71 affordable and 25 workforce units that were required by the original 2017 Development Agreement. This increase is a result of a density bonus approved by the Planning Commission for the Phase 3 multifamily affordable site. Phase 1 included six (6) moderate income homes and eight (8) workforce housing units, which have been constructed and sold to qualified buyers. As required by the Development Agreement, Avila Ranch provided $20,000 per workforce unit as downpayment assistant to the buyers. Lot 186, the R-4 multifamily affordable parcel located in Phase 3, will provide the majority of the project’s affordable housing, including 59 low-income and moderate-income rental units and one (1) manager’s unit. Lot 186 has been transferred to C&C Development, an affordable housing provider, who has applied for State Tax Credits for the past several years to fund construction of the low- and moderate-income affordable units in Phase 3. The City was recently notified that the State agency recommended an award of $9.4 million in tax credits for this 60-unit Avila Ranch affordable housing project. Final approval of the allocation was approved by the California Tax Credit Allocation Committee on June 22, 2026. Construction of the 60 units on this site by C&C Development is expected to proceed quickly to build out the project within timeframes identified by the State. Public Improvements: Several large public improvement projects required for the development have been completed or are under design development and construction. A. Public Offsite Improvements. Multiple offsite transportation improvements were required to mitigate for the increase in traffic generated by the development through the project conditions of approval, mitigation measures (MM), and the Development Agreement.  Extension of Earthwood Lane to Suburban Road [Condition #101]  Suburban Road Improvements, S. Higuera to Earthwood [Condition #102]  Sidewalk on portions of Vachell Lane [Condition #124]  Intersection improvements at South Street/Higuera Street [Conditions #112]  Intersection improvements at Tank Farm Road/S. Higuera Street [Condition #114/MM TRANS-7b]  Vachell Lane widening for Class II bike lanes [Condition #105]  Higuera/Suburban Road Striping Modifications  Installation of Class II bicycle lanes along Vachell Lane between Buckley Road and South Higuera Street [Condition #105]  Multi-use path bridge over Tank Farm Creek north of Buckley Road (MM TRANS-11) B. Offsite Improvements in the County. Offsite improvements located outside the City Limits were constructed under a County encroachment permit and will be maintained by the County. Page 228 of 322 Item 6i  Extension of Buckley Road from Vachell Lane to South Higuera Street  Installation of a traffic signal at the newly created intersection with South Higuera Street [Condition #100]. C. Site Grading. Mass grading for all phases of the project has been completed. Biological and Cultural Resource monitors have been onsite during mass grading activities, as required by Mitigation Measures. As part of the temporary mass- graded condition, prior to completion of the permanent Phase 4 and 5 onsite public improvements, there is a need to pump st ormwater from the northeast corner of the project site to a constructed bypass channel that ultimately leads to Tank Farm Creek. This approach is compliant with the Regional Water Quality Control Board, and the Developer is working to implement the permanent improvements, consisting of large diameter culverts, prior to next rainy season to re-establish the pre-occurring drainage pattern and ensure compliance with the City’s Drainage Design Manual. A concern was raised this past year by a neighboring property owner about the interim condition of the mass graded site due to the temporary ponding of water at the northeast corner of the site. In response to this concern, City staff have worked proactively with the Developer to ensure that the permanent improvements are constructed as quickly as possible and that drainage impacts to neighboring properties are avoided as construction progresses and in the ultimate built-out condition of the project. The developer has already submitted a plan revision for this work and has indicated that the improvements will be constructed by September 2026, ahead of the next rainy season starting. D. Onsite Improvements. Construction is complete for the majority of the required Phase 1, 2, and 3 public in-tract improvements. In general, the improvements consist of street construction, curb, gutter, sidewalks, Class 1 multi-use paths, pedestrian paseos, streetlights, water and sewer main extensions, fire hydrants, reclaimed water main, storm drain and stormwater quality improvements, parkways and landscaping. Earthwood Lane was constructed , providing a connection between Suburban Drive and Vachell Lane. Venture Drive was extended to intersect Earthwood Lane at a new roundabout. E. Buckley Road Widening. Avila Ranch has come to an agreement with the property owner on the south side of Buckley Road in order to acquire offsite property to install required bike lanes, the south bike bridge, and related widening of Buckley Road. The County has approved the Buckley Road improvement plans, which include bike lanes and road widening. Construction of these improvements is expected to begin in the next year. This is a major milestone which will greatly improve multimodal circulation on Buckley Road. Parks Section 7.03 of the DA requires the subdivider to dedicate land in excess of that ordinarily required by the City to construct public parks in south San Luis Obispo, an area of the City that presently has a deficiency of park area. The A vila Ranch Development Plan includes ten (10) neighborhood parks throughout the Avila Ranch project area, including one large 9.5 acre community park and sports complex. The Avila Ranch Parks Master Page 229 of 322 Item 6i Plan was reviewed by the Parks and Recreation Commission (PRC) on January 4, 2017, which determined that the proposed park proposal, including related facilities, is consistent with applicable General Plan policies. The City Council approved the Avila Ranch Parks Master Plan on September 19, 2017, as Appendix B of the Avila Ranch Development Plan. Four (4) neighborhood parks were constructed in Phase 1, including Parks A (Sunny Vista park), Park B (The Bend on Earthwood), Park C, and Stevenson Park. Two (2) neighborhood parks have been constructed in Phases 2 and 3. The City is currently coordinating with the Developer on the final design of the large 9.5-acre community park and sports complex, which will be established in Phase 4. The large community park is required to commence construction prior to issuance of occupancy permits for the 5 00th market rate unit and must be constructed prior to the issuance of occupancy permits for the 550th market rate unit. The Parks and Recreation Commission (PRC) has reviewed and provided input regarding the types of recreational amenities that will be in cluded in the community park and to ensure that it meets the needs outlined within the Park and Recreation Blueprint for the Future: 2021-2041 (General Element). This advances the completion of construction of the large community park and ensures that the development meets or exceeds the required ratio of park acreage per 1,000 residents throughout construction, as contemplated during project approval and required by the General Plan. Agriculture and Open Space To compensate for the loss of onsite agricultural lands and to meet the open space objectives of the General Plan, Section 7.04 of the Development Agreement requires Tract 3089 to dedicate at least 50 acres of on-site open space and/or agricultural land and preserve at least 50 acres of offsite open space and/or agricultural land. The Avila Ranch project opted to satisfy a portion of its open space conservation requirements through an in-lieu fee, which was received with Phase 1 map recordation and is paid in full. An easement for 30.5 acres of on-site agricultural land was previously recorded with the Phase 1 map, although this land was located in Phases 4 and 5 and not part of the Phase 1 subdivision. The Phase 1 final map included dedication of 5.46 acres of open space, including creek open space, public trails, and bike paths. The Phase 2-3 final map included 3.6 acres of open space dedication. Phase 5 dedicated 14.34 acres of open space and/or agriculture land to the City. The balance of on -site agricultural lands and open space will be dedicated as 25.48 acres of agricultural land in Phase 4, as shown on the approved tentative map. In total, seven (7) lots will be created for open space and agricultural uses, with a total of 50.68 acres to be dedicated in fee to the City by a separate irrevocable offer of dedication for open space and agricultural purposes. The City and the Developer are currently working to prepare a plan for agricultural operations in order to identify parameters for future farming, well water sources, site access, and parking. Interim Fire Station The Avila Ranch EIR and Development Agreement require an interim fire station to be constructed at Avila Ranch by the 361st residential unit, which is expected to be by mid- Page 230 of 322 Item 6i 2028 based on the Developer’s current expected construction schedule. City staff has been meeting with the Developer since August 2023 to develop site and floor plan designs. Based on the continued growth in the southern portion of the City and the need to provide adequate coverage and staffing to meet current operating standards, the Fire Chief has determined that the station needs to be constructed to serve a 3 -person engine company, rather than a 2-person medic response station as originally proposed by the 2017 Avila Ranch Final EIR. The Developer is providing concept planning to meet the City’s current needs as requested, and the City is also identifying staffing and equipment needs that will be associated with operation of this station, portions of which will be funded by the Avila Ranch CFD. Funding has been included in the Capital Improvement Plan for the current estimated City share of the costs to increase the station capacity to serve a 3-person engine. Reimbursement Agreements Four (4) Reimbursement Agreements have been established between the City and Avila Ranch. Sections 5.04.2(g) and 5.05.3(a) of the Development Agreement require the City to enter into reimbursement agreements and to reimburse the actual hard and soft costs associated with the portion of oversized facilities attributed to the project area. Reimbursements to Avila Ranch are made quarterly based on impact fees collected from development, as benefiting properties develop and pay fair share allocations towards projects, or as fee credits on permits issued to Avila Ranch.  Wastewater Reimbursement Agreement was authorized on June 4, 2019, for construction of the Buckley Lift Station, which has been constructed by Avila Ranch and accepted by the City. On October 15, 2024, the City Council approved an amendment to the Wastewater Reimbursement Agreement to reflect final reimbursable construction costs and to update these costs in the City’s adopted Impact Fee Program.  Recycled Water Reimbursement Agreement was authorized on June 22, 2022, for extension of a segment of a recycled water line on Venture Drive for benefit of other development projects. The City is obligated to collect a proportionate share of the actual cost of the recycled water line from benefiting prope rties and pass through payment to Avila Ranch. There have been no payments issued under this reimbursement agreement due to lack of development by the benefiting properties. The City continues to monitor the benefiting properties for development activity.  Public Transportation Credit and Reimbursement Agreement was authorized on April 1, 2019. The agreement states that Avila Ranch shall receive credits or reimbursements for construction of infrastructure, including the South Higuera sidewalk, turn lanes on South Higuera/South Street and Tank Farm/Higuera, several new or extended Class I and II bicycle lanes and share- use paths, and the LOVR ramp meters. Reimbursements are made to the Developer from impact fee credits towards the LOVR TIF Base Fee and the LOVR TIF Add-on Fee (which are included in the City’s adopted Transportation Impact Fee (TIF) Program), the General Fund, and Mitigation Fees collected from other development projects. Page 231 of 322 Item 6i  Private Reimbursement Agreement was authorized on June 18, 2019. The agreement is to cover certain transportation projects which Avila Ranch is required to install that are not included in the City’s Transportation Impact Fee Program, including the extension of Buckley Road, Earthwood, Suburban, Horizon, and South Higuera/Vachell. Properties which benefit from the improvements are required to reimburse Avila Ranch at the time of development or annexation, based on the proportional share of the capacity of the transportation improvements. The City acts as a passthrough to charge other developments based on their proportional share of the transportation improvements installed by Avila Ranch. City staff and the Developer are currently working on amendments to both the Public and Private Transportation Reimbursement Agreements to reflect final and updated transportation project construction costs. The amendments to the reimbursement agreements will be scheduled for City Council approval once the fair share calculations for benefitting properties are complete. PROJECT COMPLIANCE Development Agreement The Development Agreement (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 will be applied to the project, in exchange for extraordinary public benefits. For example, Tract 3089 provides more affordable housing units than required by the City’s standard inclusionary housing requirements and is dedicating more parkland than ordinarily required by the City. Tract 3089 is also required to construct an interim fire station prior to the construction of the 361st unit to serve the southern portion of the City and to contribute funding to reimburse the City for the recent Los Osos Valley Road (LOVR) interchange project. Implementation of the Avila Ranch project requires substantial new infrastructure to support new development, most of which is the responsibility of the Developer. The approved DA for the project describes the Developer's responsibilities in that regard. As described in the DA and the conditions of approval, some of the improvements being constructed with Tract 3089 are eligible for reimbursement either through impact fee credits or through fair share payments from other Developers. In addition to development activities, it is noted that Avila Ranch has recently completed a change of ownership from WCP Developers, LLC to Trumark Homes (TH Avila Ranch LLC). Trumark purchased the Homebuilding business in October 2023 and purchased the Land Development business in February 2025. Trumark will continue to build out the remainder of the project. The DA is binding on successors and does not require an amendment to reflect the transfer. A DA Memorandum of Agreement (MOA) was executed in September 2021 between the City Manager and the Avila Ranch development team to allow for the advancement of Phases 4 and 5 prior to Phases 2 and 3, provided that improvements required for Phases Page 232 of 322 Item 6i 2 and 3 are included as part of the development. Ultimately, the MOA was not utilized, and the Developer has proceeded with construction of Phases 1, 2, and 3 as originally programed. On September 16, 2025, City Council reviewed and approved a second DA MOA to allow Phase 5 (R-1 single family units) to proceed prior to Phase 4 (R-3 multifamily townhomes), provided that necessary onsite and offsite improvements are installed. The MOA addresses timing requirements such as construction of the large 9.5 - acre community park, timing for construction of the primary affordable housing site in Phase 3, and construction of offsite improvements on Horizon Lane in order to ensure proportional build out of community benefits and improvements related to the project. Attachment A summarizes the project’s current compliance status with respect to relevant provisions of the DA. As of the end of May 2026, the Developer is in compliance with all applicable requirements of the DA with respect to project milestones. As is the case with the MMRP, compliance with provisions that are keyed to later project activities or phases will continue to be monitored by the City to ensure ongoing compliance . Developer’s Impact Fee Protest and Settlement Agreement. The Avila Ranch Development Agreement includes provisions regarding payment of City-wide and project- specific development impact fees. Impact fees were negotiated and agreed upon with the original project Developer, Avila Ranch, LLC, in 2017, and were included in both the original DA and an amendment to the DA which was executed April 16, 2019. Per the DA, the Developer is required to pay for the project’s fair share of the cost to mitigate project impacts as identified in the EIR, Specific Plan, conditions of approval, or otherwise specified in the DA, in effect when each final map is recorded in accordance with AB1600 analysis. The City may adjust the development impact fees not more than once a year with changes no greater than the inflation index identif ied upon imposition of the fee. Sewer and water impact fees shall be paid as identified in the original 2017 DA. The Los Osos Valley Road interchange impact fees shall be paid as agreed upon by the City and the Developer in 2018 and memorialized in the 2019 DA amendment. The Development Agreement was negotiated as a method to extend the life of the tentative maps to provide a 20-year project build out, provided that there is a “true up” of fees at the time each phase of the final map is recorded. This provides the Developer with the time needed to build out the project while also providing the City with the fees needed to provide services and infrastructure at the time of build out. The Development Agreement is a contract and can alter and take precedent ov er any vested fees or expirations that are normally tied to a vested tentative map. In 2022, a dispute arose between the City and the Avila Ranch Developer over the interpretation of several items included in the project’s Development Agreement. Avila Ranch submitted numerous letters to the City in which they protested the payment of certain impact fees under the Development Agreement. It was determined that the dispute would be best resolved through a negotiated settlement overseen by a neutral third part y in mediation. City Council authorized staff to proceed with execution of a tolling agreement of statutes of limitations and authorized staff to participate in mediation in an attempt to resolve the dispute. Between August 2023 and September 2025, City staff, legal counsel, and the Page 233 of 322 Item 6i Avila Ranch Developer participated in many meetings, including several with a mediator, to work towards practical solutions to resolve the contested issues. Through mediation, the City and the Developer came to agreement regarding the fees in question. A fiscal reconciliation was completed to evaluate all development impact fees that were being charged to the Avila Ranch project. This detailed permit by permit analysis was done to ensure accuracy of the permit charges and ensure consistency with the approved Development Agreement. In addition, the settlement agreement also outlined terms for the ultimate acceptance of Basin A, which was a point of dispute due to the year-round water present in the bottom of the basin. The settlement agreement outlined a responsibility for the developer to continue to maintain Basin A until completion of Phases 1, 2, and 3 of the project so that the proper maintenance needs of the basin could be understood, and the City could confirm that ongoing maintenance of the basin was consistent with what was originally contemplated when it was originally approved. Prior to completion of Phases 1, 2, and 3 of Avila Ranch, the developer and City will meet again to formally review and agree to the transfer in maintenance responsibility for Basin A. In 2025, a Settlement Agreement was finalized to resolve the 2022 dispute, and the agreement was presented to the City Council for consideration on November 4, 2025. The agreement includes a list of action items for both parties, as well as disbursement of the disputed funds which were held in an escrow account. The Settlement Agreement was executed and recorded in November 2025. As part of the mediation, fee schedules were developed to clearly identify development impact fees for all phases of the project. The City and the Developer are in agreement regarding fees for future phases of the project. 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. Mitigation measures were included in the Final Environmental Impact Report (EIR) for Avila Ranch, certified by the City Council on September 19, 2017. The Mitigation Monitoring and Reporting Program (MMRP) describes the procedures for the implementation of the mitigation measures identified in the Final EIR. 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. In some instances, compliance is ongoing (e.g., with respect to biological and cultural resource issues) or currently in process of being completed. In other 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). 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. Page 234 of 322 Item 6i 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 Avila Ranch subdivision map (Phased Vesting Tentative Map for Tract 3089) approved by the City Council on September 19, 2017. Attachment C shows the current status of compliance with all relevant project conditions. In summary, the project is in compliance with all applicable project conditions required to date. The City continues to track conditions of approval and mitigation measures related to unit counts and impacts for various phases of the development. Some conditions of approval have been fulfilled, while some are ongoing, and others will be addressed in later phases of project construction. Community Facilities District On October 24, 2017, the City Council approved the Mello-Roos Avila Ranch Community Facilities District (CFD) Resolution of Formation to provide ongoing funding for City services and infrastructure maintenance (“Avila Ranch Community Facilities District No. 2017-1”). The CFD for Avila Ranch is a special tax assessment in the district which was established to fund authorized services, maintenance, and facilities. The City is authorized to levy the tax through the annual property tax roll. Fiscal Year 2022-23 was the first year in which the special tax was levied against taxable parcels of the CFD. The Mello-Roos Community Facilities Act of 1982 as well as Section 10(ii) of the CFD resolution have an annual reporting requirement, similar to the requirement for annual reporting of the MMRP and DA which is included in the Development Agreement. The City's Finance Department is responsible for preparing an annual repor t 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 August 19, 2025. Public Engagement An extensive public review process was completed with the approval of the Tentative Map and Avila Ranch Development Plan. The annual monitoring of the Avila 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 235 of 322 Item 6i CONCURRENCE Ongoing collaboration among departments, including Community Development, Public Works, Utilities, Parks and Recreation, Natural Resources, Sustainability Division, and the City Attorney’s Office, has continued throughout project development and construction. This ongoing collaboration by City staff has been vital to ensure compliance with the DA provisions, mitigation measures, and conditions of approval, as identified in this annual report. ENVIRONMENTAL REVIEW Annual monitoring of the Avila Ranch DA and MMRP is categorically exempt from 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.” Therefore, the proposed action is categorically exempt from further analysis under CEQA. 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 Avila Ranch project, nor does it introduce the potential for any new environmental impacts. FISCAL IMPACT Budgeted: Yes Budget Year: Annually beginning 2025-26 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 5.04.2.(i) of the Avila Ranch Development Agreement requires the Developer to pay for staff and consultant costs related to annual Mitigation Monitoring and Reporting Program evaluation and Development Agreement review. This year City staff prepared the annual review internally, and billed Avila 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 236 of 322 Item 6i Supplemental taxes are assessed and collected on the project through the Community Facilities District to pay for City services and infrastructure maintenance. 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 August 19, 2025. ALTERNATIVES 1. Council could decide to provide direction to staff regarding the annual monitoring report for the Avila Ranch 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 Avila Ranch project. If Council provides this direction, staff requests detailed information as to why the annual report is rejected so that 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 Avila Ranch Development Agreement B – Summary of Compliance with the Avila Ranch MMRP C – Summary of Compliance with the Avila Ranch Project Conditions D – Avila Ranch Mitigation Monitoring and Reporting Plan (May 2026) Page 237 of 322 Page 238 of 322 Avila Ranch Compliance with Development Agreement, Map Conditions, and Mitigation Measures May 2026 Avila Ranch Development Agreement Item DA ID Summary Description Compliance Status 1 1.03.a.1 Agreement terminates on 20th anniversary of effective date (11/2/37) ongoing; annually 2 1.03.a.2 Agreement terminates (11/2/24) if Ph 1-2 backbone infrastructure not in place COMPLETED 3 1.03.a.3 Agreement terminates once development and conditions are satisfied ongoing; annually 4 1.04.1 & 1.04.2 Agreement must be executed 5 days after Ordinance adoption; to County Recorder within 10 days COMPLETED 5 5.03 Form Community Facilities District (CFD) or other financing mechanisms ongoing; COMPLETED 6 5.04.2.f Payment of all then-current processing fees for any subsequent planning applications and permits ongoing; as new applications are made 7 5.04.2.g Reimbursement/ Credits for developer improvements beyond fair share cost ongoing; per reimbursement agreements 8 5.04.2.i Payment of staff & consultant time: DA Review, MMFP, CFD, election costs, and admin costs ongoing 9 5.04.2.j Payment of California Department of Fish & Wildlife fees + County/Clerk Recorder Fees COMPLETED 10 5.05.4.c City to annually monitor whether there is a General Fund shortfall from fees collected ongoing 11 6.02.2 City may require oversizing of backbone infrastructure, under certain conditions as needed 12 6.04.1 Applicant to make all reasonable efforts to purchase off-site improvement properties as needed, in process 13 7.02.1.b Developer to complete first two phases and infrastructure within 7 years of effective date ongoing 14 7.02.1.c Developer to conform with phasing shown in Table ongoing, per DA memos 15 7.03 Developer to dedicate 18.25 acres of parkland to satisfaction of PRC ongoing with each phased Final Map 16 7.04 Developer to dedicate at least 50 acres of ag/open space onsite and preserve 50 acres offsite ongoing with each phased Final Map 17 7.05 Provide affordable and workforce housing per Exhibit G site dedicated to C&C, funding obtained 18 7.07 Developer to provide accelerated compliance with energy standards ongoing; installation with each unit/phase 19 7.08.a Developer to provide accelerated compliance with Climate Action Plan ongoing; installation with each unit/phase 20 7.08.c Install water infrastructure for offsite annexations near Broad and Buckley per Exhibit H Completed per 2018 & 2023 water modeling 21 7.08.d Developer to dedicate 20x40 land for future water well site to City on Lots 594, 406, or 398 dedication with Phase 4, 5, 6 Final Maps 22 7.11 Construct all needed traffic improvements shown on Exhibit C; plus fair share portions of others ongoing, in process 23 7.12 construct and/or fund bike improvements per Exhibit J ongoing, in process 24 7.13.6 Developer to provide all cable for internet connections as utilities are constructed 25 10.01 Annual evaluation of the MMRP and DA to ensure compliance ongoing; annually 26 11.01 Annual evaluation of the MMRP to ensure compliance ongoing; annually 27 11.02 Annual evaluation of the DA to ensure compliance ongoing; annually 28 11.02.02 CDD to issue "Finding of Development Agreement Compliance" based on review ongoing; annually 29 12.01 Any DA provision out of compliance must be cured within 60 days ongoing; no non-compliance issues to cure Page 239 of 322 30 7.09 Build all necessary storm drain facilities Shown on PIPs for construction 31 5.04.2.b; Amendm Payment of all development impact fees: Citywide (Police, Fire, TIF) & Project Specific (LOVR Add-on) With each building permit and Final Map 32 5.04.2.c Payment of development impact fees: Water & Sewer With each building permit and Final Map 33 7.13.1 Include airport hazard related language in CC&Rs included in CC&Rs for each Phase 34 7.10 Build interim fire station on Lot 302 at buildout of 361st unit Design in process, on track for May 2028 Page 240 of 322 Avila Ranch May 2026 Mitigation Measures Item MM ID Summary Description Compliance Status 1 AG-2a Install fencing and signs along Buckley to minimize trespass Installation to be verified in the field and PIPs - Phase 6 2 AG-2b Landscape plans to include trees and shrubs to minimize dust plans to indicate compliance; installation to be verified in the field Phase 6 3 AG-2c Add 20-foot hedgerow of trees along east side of Vachell completed with Phase 1 improvements 4 BIO-2b Prepare Biological Mitigation Plan - habitat restoration BMMP completed Jan 2019; field verify as needed 5 BIO-2c Prepare Biological Mitigation Plan - wetland and riparian mitigation BMMP completed Jan 2019; field verify as needed 6 BIO-2d Preserve southern 275 feet of N-S creek to protect riparian woodland BMMP completed Jan 2019; field verify as needed 7 BIO-2e Stockpile emergent vegetation (cattails) to plant later in realigned creek BMMP completed Jan 2019; field verify as needed 8 BIO-2j Tank Farm Creek Class I bike bridge to be placed outside mapped riparian BMMP completed Jan 2019; field verify as needed 9 BIO-3b Implement special status species protection measures BMMP completed Jan 2019; field verify as needed 10 BIO-4 Conduct bat surveys in building proposed for demolition Plan Completed; field monitoring as needed 11 BIO-5a Shield all lights facing Tank Farm Creek BMMP completed Jan 2019; field verify as needed 12 BIO-5b Tank Farm Creek restoration to include native trees to minimize light spillover BMMP completed Jan 2019; field verify as needed 13 BIO-6 All work within 100 feet of Tank Farm Creek to occur April 15-October 15 BMMP completed Jan 2019; field verify as needed 14 HYD-2a Submit Master Drainage Plan Following Sept 2018 Phase 1 Drainage Report; field verify as needed 15 HYD-3a Submit Cumulative Master Drainage Plan Following Sept 2018 Phase 1 Drainage Report; field verify as needed 16 HYD-3b Design bridges, culverts and drainge per City specs City verifying as needed through review of improvement plans 17 HYD-4a Geotech study needed for HDD areas - part of Utilities Plan City verifying as needed through review of improvement plans 18 HYD-4b Frac-Out Contingency Plan needed for HDD areas - part of Utilities Plan Frac-Out Plan Prepared April 2022; followed as needed 19 UT-2 Utility infrastructure subject to city approval. Applicant to construct. City verifying as needed through review of improvement plans 20 AQ-1a Prepare Construction Activity Management Plan (CAMP) Completed Feb 2019; field verify as needed Page 241 of 322 21 AQ-2a Implement APCD conservation requirements Shown on plans; need to field verify 22 AQ-2b Implement APCD AQ Handbook strategies Shown on plans; field verify as needed 23 BIO-1a Prepare Biological Mitigation Plan - implement BMPs BMMP completed Jan 2019; need to field verify BMPs 24 PS-1 Prepare and implement Security Plan with SLOPD Ongoing; with each Phased Final Map 25 PS-2 Fair Share Contribution to Fire Protection Service as part of CFD Included in CFD; completed 26 TRANS-3b Install traffic calming measures required by Policy 8.1.3 will be reviewed for compliance. 27 TRANS-5 Pro Rata share for Buckley/227 roundabout Map 28 TRANS-8a Pay LOVR subarea fee Ongoing w/ each building permit 29 TRANS-8b Re-time signal at LOVR/Higuera In partial compliance; applicant and city are cooperating to ensure full compliance 30 TRANS-14 Pay citywide TIF for Class I bike path from Buckley/Higuera to LOVR/SB101 Satisfied with Citywide TIF payment 31 TRANS-15b Pay fair share to improve Tank Farm/Higuera Satisfied with Citywide TIF payment 32 TRANS-15c Pay fair share to improve Tank Farm/Horizon Satisfied with Citywide TIF payment 33 TRANS-15d Pay fair share to improve Buckley/Vachell share paid prior to Final Map recordation 34 TRANS-2a Prepare Transportation Improvement Phasing Plan Complete with Phase 1 35 TRANS-3a City to review roadways and driveways for compliance with City standards Complete for Phase 1 36 AG-1 Agricultural Conservation Easement To be verified by City 37 AQ-1c Develop offsite mitigation strategy 3 months before grading permits APCD per letter of 3/21/19 38 BIO-1b Hire biological monitor to oversee construction activities Monitor approved; field monitoring as needed 39 BIO-2h Tank Farm Creek project activities to be performed when creek is dry BMMP completed Jan 2019; field verify as needed 40 CR-3a Retain archaeologist and Native American monitor prior to Phase 1 grading Monitor approved; field monitoring as needed 41 CR-3b Educational materials prior to grading and construction Monitor working with construction team 42 GEO-3 Prepare geotech study prior to site development Following Jan 2019 Geotech Plan 43 GEO-4 Geotech investigation to examine soil settlement Following Jan 2019 Geotech Plan 44 GEO-5 Geotech investigation to examine soil expansion Following Jan 2019 Geotech Plan 45 GEO-6 Geotech investigation to examine subsidence Following Jan 2019 Geotech Plan 46 HAZ-1 Prepare Health and Safety Plan Following July 2020 Health and Safety Plan 47 HYD-1a Submit NOI for discharge to SWRCB stormwater unit WDID for Phase 1 completed; WDID for Phases 2-6 pending 48 HYD-1b Submit SWPPP 45 days prior to start of work Completed Jan 2018 49 HYD-1c Install 8 drainage outlets in Tank Farm Creek during dry season (May-Oct) Field verification required per WDID 50 NO-1a Limit grading/construction timing to daylight hours and not on Sunday Field verify as needed Page 242 of 322 51 NO-1b Implement Noise attenuation techniques - BMPs Field verify as needed 52 TRANS-1 Prepare Construction Transportation Management Plan Phase 1, 2, & 3 CTMP completed; Ongoing with each phase after that 53 AQ-1b Use low or no emission paints Field verification required 54 GEO-1 Building and infrastructure design to meet CBC Field verification required 55 GEO-7 Limit GW pumping during drought in conjunction with subsidence findings Field verification required 56 NO-3a Include noise mitigation in residential design Verified through building plan approvals 57 TRANS-4 Prepare improvement plan for Horizon, Earthwood, and Suburban remainder in Phase 4 58 TRANS-6 NB RT lane at South/Higuera intersection Complete 59 TRANS-7a Higuera/Prado improvements; Prado Road widening Satisfied through Citywide TIF payment 60 TRANS-7b Tank Farm/Higuera second SB LT lane Complete 61 TRANS-10a Add ADA sidewalks on east side of Higuera from City limit to LOVR In design, construction required prior to Phase 2 62 TRANS-10b Add ADA sidewalks on east side of Higuera from Vachell to LOVR Complete 63 TRANS-10c Add ADA sidewalks on south side of Suburban from Higuera to Earthwood Complete 64 TRANS-13 Pay citywide TIF for second SB RT lane at LOVR/Higuera Satisfied through Citywide TIF payment 65 TRANS-15a Pay fair share to improve Prado/Higuera Satisfied through Citywide TIF payment 66 HYD-5 Prepare Development Maintenance Manual P1 Drainage Report (Sept 2018); Prelim Stormwater O&M Plan PH2-6 (May 2022) 67 TRANS-12 Bus stop provisions Phase 1 bus turnout complete; Phase 6 turnout pending 68 TRANS-11 Construct 2 bike bridges on Buckley over Tank Farm Creek Moved 1 bridge to Phase 4 69 CR-2a Data Recovery measures for CA-SLO-2798/H Field verification required; coordinate with monitor 70 CR-2b Retain monitor following grading of CA-SLO-2798/H City to approve monitor 71 GEO-2 Retail stores--goods stacked no higher than 8 feet Field verification required 72 BIO-2g Prepare post-construction landscape and restortion report for each phase BMMP completed Jan 2019; field verify as needed 73 BIO-2i Hydroseed bare soils when grading is completed for each phase BMMP completed Jan 2019; field verify as needed 74 BIO-3a City-approved biologist to conduct onsite training to construction workers BMMP completed Jan 2019; field verify as needed 75 BIO-3c Survey for CRLF in Tank Farm Creek 48 hours prior to construction BMMP completed Jan 2019; field verify as needed 76 BIO-3d Survey for pond turtle in Tank Farm Creek 48 hours prior to construction BMMP completed Jan 2019; field verify as needed 77 NO-1c Contractor to inform resiednts within 300 feet of noise Field verify as needed 78 NO-3b Buckley Road rubberized asphalt PW to verify BB12:E85uckley Road Widening Plan provisions through PIP approvals Page 243 of 322 Page 244 of 322 Avila Ranch May 2026 Map Conditions Item Condition Summary Description Compliance Status 1 5 Applicant to hold city harmless Ongoing 2 1 Submit written report showing compliance with conditions Developer provides with each Final Map 3 3 Avigation easements must be recorded Disclosures with each Final Map 4 6 All easements must be shown on Final Map With each phased Final Map 5 7 All offers of dedication must be shown on Final Map and PIPs With each phased Final Map 6 8 County-City line must be shown on Final Map and PIPs With each phased Final Map 7 9 Include 10' wide tree easement and PUE across front of Res lot; 15-ft PUE in front of Comm Confirmed; with each phased Final Map 8 10 Offsite easement dedications as needed Confirmed; with each phased Final Map 9 11 CFD must be fully operational prior to first phase Map approval Completed 10 15 Offsite ROW to be acquired by developer to the extent possible, otherwise condemnation In process - required for offsite PIPs 11 17 Secondary access required where more than 30 dwellings proposed Completed 12 18 fire access to be provided to satisfaction of fire chief Confirmed 13 19 All streets to conform to City Engineering Standards and the Specific Plan Confirmed; with each phased Final Map 14 20 All subdivision improvements to conform to City Engineering Standards and the Specific Plan Confirmed; with each phased Final Map 15 21 Final street sections to be approved in conjunction with drainage report Confirmed; with each phased Final Map 16 22 Traffic circle and roundabout to confirm to City Engineering Standards Confirmed; with each phased Final Map 17 33 Street trees required - one 15-gallon per 35 lineal feet Confirmed; with each phased PIP 18 97 Final Map to comply with City Engineering Standards Confirmed; with each phased Final Map 19 99 Transportation Improvement Phasing Plan to be submitted with each phase Confirmed for Phase 1; update with Phase 5 20 119 Dedicate access easements (between lots 7-10; 19-22; 87; 183; 230; 312 or 318; 341/342) Confirmed; with each phased Final Map 21 123 Add roadway classification sheet to Final Map consistent with EIR recommendations Confirmed; with each phased PIP 22 24 Improvement Plans to include line of sight analysis Confirmed; with each phased PIP 23 25 Improvement Plans to address all conditions and mitigation Confirmed; with each phased PIP 24 29 Jurisdictional permits needed from key agencies Phase 1 complete; will continue to monitor 25 34 PIPs to include analysis of tree removal Trees to be preserved identified on PIPs 26 37 PIPs must show all existing improvements and plans to keep or remove included in PIP's Page 245 of 322 27 38 PIPs must show public and private easements Confirmed; with each phased PIP 28 39 street paving to be included in PIPs included in PIP's 29 40 PIPs to include construction phasing and management plan Confirmed; with each phased PIP 30 41 Developer to get copy of County as-built for Venture Lane and Vachell Lane; show improvements in PI Improvements included in PIP's 31 42 Street lighting and other improvements may be required for Venture and Vachell in PIPs Coordinating with City staff 32 43 Retaining wall and/or fence along property lines subject to Planning approval or ARC, SP or exception Included in PIP's 33 44 PIPs to show mail receptacles Mailbox kiosk shown in PIP's 34 45 Use porous concrete or pavers for private parking areas as feasible Ongoing with each phased PIP 35 46 PIPs to show access to common areas, trails, and linear parkways per ADA and CBC requirements Confirmed; with each phased PIP 36 54 City utilities in Buckley/Vachell to be approved by City and County via encroachment permit Buckley extension administered by County 37 55 PIPs to show gas main and easements Confirmed; with each phased PIP 38 56 PIPs to show water, sewer and storm drains Confirmed; with each phased PIP 39 58 Public utilities to be located in accordance with City and PUC Confirmed; with each phased PIP 40 59 PIPs to show water meters Confirmed; with each phased PIP 41 60 Final sewer report required prior to PIPs per Utilities dept. 42 61 PIPs to show overhead wire utilities Confirmed; with each phased PIP 43 62 Street widening will required undergrounding utilities Confirmed; with each phased PIP 44 63 Underground existing overhead wiring Overhead wires west side Vachell remain 45 65 Irrigation to use recycled water; public park could use recycled water Confirmed; with each phased PIP 46 66 Landscape Plan to be consistent with City water conservation efforts Confirmed; with each phased PIP 47 68, 69 PIPs to verify how wetland features to be protected; non-native plants to be contained Project biologist evaluating with each phase 48 71 Final pads to include certified pad construction and elevations verified as needed by City Engineer 49 72 Cut and fill slopes to be protected as recommended by soils engineer verified as needed by City Engineer 50 73 Easement agreement needed for onsite creeks and channels; CFD HOA or other private maintenance verified by City 51 74-76 Grading and drainage plans required verified by City Engineer 52 77 PIPs to include complete grading, drainage and erosion control plans verified by City Engineer 53 78 Final drainage report and PIPs to consider on- and offsite drainage (Tract 2943--Earthwood) verified by City Engineer 54 79 Final drainage report and PIPs to consider run-on from 125 Venture verified by City Engineer 55 80 Final drainage report and PIPs to consider run-on from NE corner of Vachell and Venture verified by City Engineer 56 82 Indicate revised floodplain on PIPs and Final Map verified by City Engineer 57 83 Indicate various drainage, well and other features on final map verified by City Engineer 58 84 provide final HEC-RAS modeling for drainage verified by City Engineer Page 246 of 322 59 85, 86 final drainage plans must address trash removal verified by City Engineer 60 95 Obtain and approve SWPPP RWQCB, with each phase 61 101 Earthwood to be restriped for Class II bike lanes Confirmed 62 121 PIPs to include striped bike lanes on streets with Class II bikeways Confirmed; installed with each phased PIP 63 4 Enter into and record affordable housing agreement with City Done for phase 1 & 3. Phase 4 pending 64 14 Notice of Requirements to be recorded at City's written request with recordation of Final Map Completed with each phased map 65 16 Prove property title for offsite improvements ongoing with future permits 66 23 Developer to file Notice of Requirements with each map phase Completed with each phased map 67 35 PIPs for onsite and offsite to be approved prior to map recordation Completed with each phased map 68 100 Complete Improvement Plans for signal at LOVR/Higuera, sign at Higuera/Buckley for 101 access Complete 69 101 Earthwood extension to be designed Confirmed, completed with Phase 1 70 116a Pay fair share fees for roundabout at Buckley/227 Confirmed - AR paid FULL fee directly to County prior to Phase 1 Final Map recordation. 71 116b Pay fair share fees for second SB RT lane at Higuera/LOVR Confirmed, weighted portion of this fee associated with Phase 1 paid prior to final map recordation. Will pay addition portion of fee with subsequent phases. 72 116c Pay fair share fees for Class I bike path from Buckley/Higuera to LOVR/SB 101 Satisfied with payment of Citywide TIF fees 73 116d Pay fair share fees for widening Prado/Higuera intersection (dual LT, dual thru, RT) Satisfied with payment of Citywide TIF fees 74 116e Pay fair share fees for Higuera/Tank Farm cumulative improvements Satisfied with payment of Citywide TIF fees 75 116f Pay fair share fees for Tank Farm/Horizon improvements (NB RT or roundabout) Satisfied with payment of Citywide TIF fees 76 117 Design and initiate improvements to allow two bus stops; Final Map to reflect Confirmed for Phase 1 PIPs 77 118 Complete design for in-tract traffic calming, per MM TRANS-3b goes with each map phase 78 26 Separate permits required from SLO County for construction staging; City to review Encroachment permits issued and will continue to monitor 79 47 No potable water used during construction; recycled water to be used Utilities Dept to monitor 80 53 Relocate utilities affected by road improvements outside tract boundary approved by Utilities Director 81 67 Obtain permits from RWQCB, ACOE and CDFW verified by Engineering 82 94 Verify LID compliance of grading and drainage plans verified by Project Soils Engineer 83 96 Verify compliance with AQ standards from APCD APCD verified in letter 84 128 AG and OS areas to be delineation prior to demolition, subdivision grading and development PIP's show no work in AG or OS area. 85 129 Grading plan to show interface between AG and OS, creeks, roads, and bikeways temporary fencing required Page 247 of 322 86 130 Conduct pre-construction surveys for Vernal Pool Fairy Shrimp where appropriate; consult USFWS Biologist monitoring 87 48 Recycled water pipeline infrastructure to be in place Confirmed; with each phased PIP 88 49 Water pipeline infrastructure to be in place Confirmed; with each phased PIP 89 50 Sewer infrastructure to be in place Confirmed; with each phased PIP 90 51, 52 Dry utilities infrastructure to be in place approved by Utilities Engineer 91 57 public utilities to be approved by City Engineer shown on plans. Will remain a requirement prior to building permits. 92 64 Preliminary undergrounding plans to be processed through PG&E Processed through PG&E 93 70 Engineering soils testing may be needed on a lot-by-lot basis; final pads to be approved as determined by City Engineer or Building Official 94 81 Demonstrate compliance with FEMA and City floodplain management requirements verified by City Engineer and FEMA 95 98 Construction to occur consistent with EIR phasing Per DA memos, mitigtaion required per EIR 96 101 Earthwood extension to be built Complete 97 102 Suburban improvements from S. Higuera to Earthwood designed and construction initiated Portion required for Phase 1 (Suburban from Higuera to Earthwood) complete 98 105 Install Class II bike lanes along Vachell, between Buckley and Higuera Complete 99 110 Construct roundabout - Earthwood and Venture Complete 100 111 Initiate construction of S. Higuera sidewalks - between Vachell and LOVR Complete 101 112 Initiate NB extension of RT lane from Higuera to South Complete 102 114 Initiate Higuera/Tank Farm near-term improvements - second SB left turn to Tank Farm Complete 103 115 pay applicable citywide, LOVR subarea and AASP subarea transportation impact fees Ongoing w/ each building permit 104 122 Trip reduction plan is required; draft required prior to Phase 1 building permits Trip Reduction Plan approved by Transportation Division 105 124 Install continuous sidewalk along Vachell from Venture northward Complete 106 125 Design and install SB LT lane on Vachell at Venture Complete 107 126 Design ramp meter at SB 101/LOVR and submit to Caltrans for approval and encroachment permit Part 1 (LOVR SB On-Ramp) is ongoing, but no longer tied to Phase 1 per COA amendment approved w/ Phase 1 Final Map. 108 126 Design ramp meter at SB 101/Higuera and submit to Caltrans for approval and encroachment permit Part 2 (Meter at US 101/S. Higuera) has been eliminated per revised COA language 109 2 Noise and safety disclosures to potential occupants and owners Included in disclosures recorded with phased Final Maps 110 102 Complete Suburban improvements Portion required for Phase 1 complete. Page 248 of 322 111 103 Vachell/Venture; Vachell/Earthwood--access restricted to emergency, transit and bikes--completed Complete. Access restrictions on Vachell/Earthwood and Vachell/Venture removed w/ completion of Buckley Extension and interim left-turn restrictions at Vachell/Higuera. Permanent left turn restrictions at Vachell/Higuera required prior to Phase 2 112 111 Complete S. Higuera sidewalks - between Vachell and LOVR Complete 113 112 Complete NB extension of RT lane from Higuera to South Complete 114 114 Complete Higuera/Tank Farm near-term improvements - second SB left turn to Tank Farm Complete 115 117 Complete bus stops Earthwood bus stop completed; verifying routes with SLO Transit/RTA 116 122 Trip reduction plan is required; approval required prior to Phase 1 occupancy Complete, approved by Transportation Division 117 126 Complete construction of SB 101/LOVR ramp meter Ongoing, design in progress. COA revised w/ Phase 1 Final Map, no longer tied to Phase 1 118 116g Pay fair share fees for Buckley/Vachell improvements (signal or roundabout) Confirmed, weighted portion of this fee associated with Phase 1 paid prior to final map recordation. Will pay addition portion of fee with subsequent phases. 119 100 Design and construction of Buckley ext must be initiated before Phase 2 building permits Extension complete 120 104 Higuera/Venture--access restricted to emergency, transit and bikes--construction initiated Temp left turn restrictions installed. Permanent improvements still required prior to Phase 2 121 111 Initiate construction of S. Higuera sidewalks - between LOVR and City limit Portion from LOVR to Vachell complete. Portion from City Limits to Vachell in design, construction required prior to Phase 2 122 100 Buckley, signal, Class I bike path, Vachell, streetlights must be built prior to Phase 2 occupancy complete 123 104 Higuera/Venture--access restricted to emergency, transit and bikes--completed See above. 124 111 Complete S. Higuera sidewalks - between LOVR and City limit See above. 125 106 Complete design of improvements and make efforts to acquire needed offsite land In process - required for offsite PIPs 126 102 Improvements from Earthwood to Horizon initiated TBD - design in process 127 106 Initiate construction of Jespersen connection to Suburban TBD 128 107 Initiate construction of Buckley Road frontage improvements ROW aquired. Permits ready to issue 129 110 Construct roundabout - Jespersen and Venture TBD 130 110 Construct roundabout - Jespersen and Wright TBD Page 249 of 322 131 102 Improvements from Earthwood to Horizon completed TBD 132 106 Complete Jespersen improvements TBD 133 107 Complete Buckley improvements ROW aquired. Permits ready to issue 134 12 All private improvements to be owned and maintained by HOA ongoing ss appropriate 135 13 All stormwater facilities to be owned and maintained by HOA ongoing as appropriate 136 27 Stormwater BMPs for Buckley Road subject to review and approval from SLO County County permit - shown 137 28 Detailed plans for offsite improvements needed ongoing 138 30 Access rights for key roadways to be offered ongoing with each map 139 31 Subdivider to install public street lights per city (and where applicable) County standards Ongoing, with each phase 140 32 Private street light allowed per City standards ad/or ARC approvals ongoing with each phase subject to ARC 141 36 Demo permit required for removal of existing buildings and infrastructure ongoing as appropriate 142 87 Developer to prepare O&M manual for creek maintenance/stormwater BMPs verified by City Engineer 143 88 Homeowners to be notified of BMP requirements ongoing ; with home sales 144 89-93 Maintenance responsibilities for creeks to be followed by HOA or CFD as applicable verified by Natural Resources Manager as appropriate 145 103 remove the above access restrictions completed with Buckley extension 146 108 Specifications for Buckley intersection connections Completed 147 109 Construct 2 bike bridges, one on each side of the existing Buckley-Tank Farm bridge Bridge on north side complete. South side prior to Phase 4 per Council. 148 113 Pay fair share of Higuera/Prado near-term improvements-Prado bridge, left-turn lane at intersection Satisfied with Citywide TIF payment 149 120 On-street parking shall be prohibited except on local streets Confirmed 150 127 Provide potential for water well irrigation in OS/AG areas; wells to be approved by the city Record with Phase 4 Final Map Page 250 of 322 MITIGATION MONITORING AND REPORTING PROGRAM Avila Ranch Development Project 1 MITIGATION MONITORING AND REPORTING PROGRAM The following Mitigation Monitoring and Reporting Program (MMRP) provides a summary of each mitigation measure for the proposed Avila Ranch Development Project and the monitoring implementation responsibility for each measure. The approved Development Plan, is also referred to as the Mitigated Project Alternative (MPA) as described and analyzed in Section 5.4.2.2 of the Final EIR, rather than the originally proposed Project. The MMRP for the MPA will be in place through all phases of the Project, including design, construction, and operation. Note that for clarity, the original mitigation measures that applied to the proposed project are included in this document, but where they do not apply in part or in total to the MPA, portions are stricken as appropriate. RESPONSIBILITIES The City of San Luis Obispo (City) will act as the lead implementing agency and approve a program regarding reporting or monitoring for the implementation of approved mitigation measures for this Project to ensure that the adopted mitigation measures are implemented as defined in the Final Environmental Impact Report (EIR) for the Avila Ranch Development Project. For each MMRP activity, the Applicant will either administer the activity or delegate it to staff, consultants, or contractors. The Applicant will ensure that monitoring is documented as required and that deficiencies are promptly corrected. The designated environmental monitor depending on the provision specified below (e.g., City staff, environmental monitor, certified professionals, etc.) will track and document compliance with mitigation measures, note any problems that may result, and take appropriate action to remedy problems. The City or its designee(s) will ensure that each person delegated any duties or responsibilities is qualified to monitor compliance. MONITORING PROCEDURES Many of the monitoring procedures will be conducted during the construction phase of the Project. The City or its designee(s) and the environmental monitor(s) are responsible for integrating the mitigation monitoring procedures into the construction process in coordination with the Applicant. To oversee the monitoring procedures and to ensure success, the environmental monitor assigned to a monitoring action must be onsite during the applicable portion of construction that has the potential to create a significant environmental impact or other impact for which mitigation is required. The environmental monitor is responsible for ensuring that all procedures specified in the monitoring program are followed. Page 251 of 322 MITIGATION MONITORING AND REPORTING PROGRAM 2 Avila Ranch Development Project MONITORING TABLE For each mitigation measure, Table 1 identifies 1) the full text of the mitigation; 2) plan requirements and applicable timing; 3) and how the action will be monitored and the agency responsible for verifying compliance. Page 252 of 322 MITIGATION MONITORING AND REPORTING PROGRAM 3 Avila Ranch Development Project Mitigation Measure Plan Requirements & Timing Monitoring/Compliance Aesthetics and Visual Resources MM VIS-3. The Applicant shall include the development of the entire landscape and open space buffer outside of the URL within Phase 1 of the construction period. Vegetation within the buffer would provide partial screening of ongoing construction. The Development Plan and landscape plan shall indicate installation of the entire open space buffer within Phase 1. The Applicant shall complete the installation of the open space buffer prior to the issuance of grading building permits for Phase 2. This mitigation has been incorporated into the MPA Project design. The City shall ensure compliance within the Development Plan and landscape plan. The City shall confirm this feature is incorporated within Project plans. Agricultural Resources MM AG-1. The Applicant shall establish an offsite agricultural conservation easement or pay in-lieu fees to a City designated fund dedicated to acquiring and preserving agricultural land. While the City’s priority is that such agricultural land be acquired in the closest feasible proximity to the City, mitigation may be implemented using one of the following options: a. The Applicant shall ensure permanent protection of farmland of equal area and quality, which does not already have permanent protection, within the City of San Luis Obispo, consistent with City Policy 8.6.3(C) and AASP Policy 3.2.18. The Applicant shall identify and purchase or place in a conservation easement a parcel of land of at least 71 acres of equal quality farmland, or provide in -lieu fees to allow the City to complete such an acquisition. b. If no suitable parcel exists within the City limits, the Applicant shall identify and purchase or place in a conservation easement a parcel of farmland, of equal quantity and quality, within the City’s Sphere of Influence that is threatened by development of nonagricultural uses. The parcel shall be placed in an a gricultural conservation easement (refer to Figure 2 in the Land Use Element for City Sphere of Influence). The Applicant may also provide in-lieu fees to allow the City to complete such an acquisition. c. In the event that no suitable land is available within the City limits or City’s Sphere of Influence, the Applicant shall identify and purchase or place in a conservation easement a parcel of farmland, of equal quantity and quality, within the City’s urban reserve or greenbelt that is threatened by development of nonagricultural uses. This parcel shall be placed in an agricultural conservation easement (refer to Figure 1 in the Land Use Element for City Planning Area). The Applicant may also provide in -lieu fees to allow the City to complete such an acquisition. d. In the event that no suitable land for an agricultural conservation easement is available for purchase within the City limits, the City’s Sphere of Influence, or urban Notices, fees, and/or dedication of agricultural conservation easements shall be completed by the Applicant prior to the issuance of grading and building permits divided between Phases 1 and 2 of the Project based upon the acreage of prime soils impacted by each phase. The City shall ensure compliance with Policy LU 8.6.3(C) with the collection of mitigation fees or establishment of the agricultural easement. Compliance Status: In-lieu payment for phases 1, 2, and 3 paid in full. In compliance. Page 253 of 322 MITIGATION MONITORING AND REPORTING PROGRAM 4 Avila Ranch Development Project Mitigation Measure Plan Requirements & Timing Monitoring/Compliance reserve or greenbelt Planning Area, the Applicant shall identify and purchase or pl ace in a conservation easement a parcel of farmland, of equal quantity and quality, within County lands (e.g., agricultural lands north and south of Buckley Road) that is considered to be threatened by the conversion to nonagricultural use. This parcel sha ll be placed in an agricultural conservation easement. The Applicant may also provide in-lieu fees to allow the City to complete such an acquisition. The Applicant shall demonstrate that such land is as close in proximity to the City as feasible. To address potential agricultural land use conflicts, the Applicant shall coordinate with the City and County to fund installation of fencing and signs along Buckley Road to minimize potential for increases in trespass and vandalism of adjacent agricultura l areas. Along the south side of Buckley Road, the use of three strand barbwire fencing would be acceptable. Along the north side of the Buckley Road extension bordering the Class I bike path, spit rail fencing shall be installed or other fencing acceptable to the County. The Applicant shall clearly identify all proposed measures such as fencing, landscaping, agricultural buffers, etc. within the Development Plan and VTM. The City Natural Resources Manager and planning staff, in coordination with the County, as needed, shall review the Development Plan and VTM to ensure that design includes installation of fencing and signs. The City Natural Resources Manager and planning staff shall also review the final landscape plan to ensure that the species mix and density of proposed plantings would provide an adequate landscape buffer. The City shall review final development to ensure inclusion of appropriate buffers and should consult with County Agricultural Department staff to ensure the adequacy of agricultural buffers, and their consistency with the County Agricultural Buffer Policies and Procedures. Field inspections at appropriate Project phases shall confirm installation and compliance. Compliance Status: Phase 6 improvement plans to indicate compliance; installation to be verified in the field Phase 6 MM AG-2b. To reduce the potential for noise, dust, and pesticide drift to affect future Project residents, the Applicant shall ensure that Project landscape plans include planting of The Applicant shall clearly identify all proposed measures such as fencing, The City Natural Resources Manager and planning staff Page 254 of 322 MITIGATION MONITORING AND REPORTING PROGRAM Avila Ranch Development Project 5 Mitigation Measure Plan Requirements & Timing Monitoring/Compliance a windrow of trees and shrubs along the proposed southern landscape berm and eastern Project site boundary at a sufficient density to buffer the site from surrounding agricultural operations. landscaping, agricultural buffers, etc. within the Development Plan and VTM. shall 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 Project phases shall confirm installation and compliance. Compliance Status: Installation of berm is complete on south project boundary. Phase 4 and 6 improvement plans to indicate compliance; including tree plantings; installation to be verified in the field at Phase 4 and Phase 6 final improvement sign off MM AG-2c. To augment the existing 100-foot agricultural buffer to the Caltrans property to the west of the Project site, the Applicant shall add a 20-foot hedgerow/windrow of trees and vegetation along the east side of Vachell Lane. The Applicant shall clearly identify all proposed measures such as fencing, landscaping, agricultural buffers, etc. within the Development Plan and VTM. The City shall review final development to ensure inclusion of appropriate buffers and should consult with County Agricultural Department staff to ensure the adequacy of agricultural buffers, and their consistency with the County Agricultural Buffer Policies and Procedures. Field inspections at appropriate Project phases shall confirm installation and compliance. Compliance Status: completed with Phase 1 improvements Air Quality and Greenhouse Gas Emissions MM AQ-1a. A Construction Activity Management Plan (CAMP) shall be included as part of Project grading and building plans and shall be submitted to the APCD and to the City for review and approval prior to the start of construction. In addition, the contractor or bui lder shall designate a person or persons to monitor the dust control program and to order 1. The CAMP shall be submitted to the APCD and the City for review and approval prior to acceptance of final Development Plan and recordation of final VTM. City staff shall ensure measures are depicted on the CAMP and all submitted grading and construction plans for each Page 255 of 322 MITIGATION MONITORING AND REPORTING PROGRAM 6 Avila Ranch Development Project Mitigation Measure Plan Requirements & Timing Monitoring/Compliance increased watering, as necessary, 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 of such persons shall be provided to the APCD prior to land use clearance for map recordation and grading. The plan shall include but not be limited to the following elements:  A Dust Control Management Plan that encompasses the following dust control measures:  Reduce the amount of disturbed area where possible;  Water trucks or sprinkler trucks shall be used during construction to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this would require twice-daily applications. All dirt stock pile areas should be sprayed daily as needed. Increased watering frequency would be required when wind speeds exceed 15 miles per hour (mph). Reclaimed water or the onsite water well (non-potable) shall be used when possible. 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 should 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 native gras s 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 APCD;  All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as possible. In addition, building pads should be laid 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;  All trucks hauling dirt, sand, soil, or other loose materials are to be covered or shall maintain at least two feet of freeboard 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 should be used where feasible;  All of these fugitive dust mitigation measures shall be shown on grading and building plans; and 2. All required fugitive dust and emissions control measures shall be noted on all on grading and building plans and all construction activities shall adhere to measures throughout all grading, hauling, and construction activities. 3. The contractor or builder shall provide City monitoring staff and the APCD with name and contact information of onsite dust and emissions control monitor(s) who was approved prior to grading permit issuance for each Project Phase. Monitor duties include: a) assure compliance with all dust control requirements including those covering weekends and holidays, b) order watering, as necessary, to prevent transport of dust offsite, c) attend the pre-construction meeting. The dust control components apply from the beginning of any grading or construction until Final Building Inspection Clearance is issued and landscaping is successfully installed. Project phase. The dust and emissions control monitor shall be responsible for compliance during construction activities. City grading and building inspectors shall spot check and ensure compliance onsite. APCD inspectors would be responsible for conducting periodic site visits to ensure compliance and respond to nuisance complaints. Compliance Status: Phase 1 CAMP completed in Feb 2019; verify compliance in field as needed. The Phase 2/3 CAMP was submitted and approved by APCD in 2023. Future phases will have separate CAMPs Page 256 of 322 MITIGATION MONITORING AND REPORTING PROGRAM Avila Ranch Development Project 7 Mitigation Measure Plan Requirements & Timing Monitoring/Compliance  The contractor or builder shall designate a person or persons to monitor the fugitive dust control 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 holiday and weekend periods when work may not be in progress. The name and telephone number of such persons shall be provided to the APCD Compliance Division prior to the start of any grading, earthwork or demolition. 2. Implementation of the following BACT for diesel-fueled construction equipment, where feasible. The BACT measures shall include:  Use of Tier 3 and Tier 4 off-road equipment and 2010 on-road compliant engines;  Repowering equipment with the cleanest engines available; and  Installing California Verified Diesel Emission Control Strategies. 3. Implementation of the following standard air quality measures to minimize diesel emissions:  Maintain all construction equipment in proper tune according to manufacturer’s specifications;  Fuel all off-road and portable diesel powered equipment with CARB -certified motor vehicle diesel fuel (non-taxed version suitable for use off-road).  Use diesel construction equipment meeting CARB’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 CARB’s 2007 or cleaner certification standard for on-road 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- and off-road diesel equipment shall not be allowed to idle for more than five minutes. Signs shall be posted in the designated queuing areas to remind drivers and operators of the five-minute idling limit;  Diesel idling within 1,000 feet of sensitive receptors in not permitted;  Staging and queuing areas shall not be located within 1,000 feet of sensitive receptors;  Electrify equipment when feasible;  Substitute gasoline-powered in place of diesel-powered equipment, where feasible; and,  Use alternatively fueled construction equipment onsite where feasible, such as compressed natural gas (CNG), liquefied natural gas (LNG), propane o r biodiesel. Page 257 of 322 MITIGATION MONITORING AND REPORTING PROGRAM 8 Avila Ranch Development Project Mitigation Measure Plan Requirements & Timing Monitoring/Compliance 4. Tabulation of on- and off-road construction equipment (age, horse-power, and miles and/or hours of operation); 5. Schedule construction truck trips during non -peak hours (as determined by the Public Works Director) to reduce peak hour emissions; 6. Limit the length of the construction work-day period; and 7. Phase construction activities, if appropriate. MM AQ-1b. 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, such as Benjamin Moore Natura Paint (Odorless, Zero VOC Paint). The Applicant or builder shall consider additional measures to reduce daily and quarterly ROG and NOx levels related to architectural coatings, such as extending coating applications by limiting daily coating activities. ROG and NOx reduction measures shall be indicated on all building and construction plans submitted to City prior to the issuance of building permits for each Project Phase. City staff shall ensure measures are depicted on all submitted building and construction plans. City building inspectors shall ensure compliance. Compliance Status: Requirements noted on approved building permit plans. Field verify as needed. MM AQ-1c. In order to further reduce Project air quality impacts, a n offsite mitigation strategy shall be developed and agreed upon by the developer, City, and APCD at least three months prior to the issuance of grading permits, including added funding for circulation improvements and transit operations. Such funding may be in the form of cash payment or included as part of the obligation of the Community Facilities District. The Applicant shall provide this funding at least two months prior to the start of construction to help facilitate emission offsets that are as real-time as possible. Offsite mitigation strategies shall include one or more of the following:  Replace/repower San Luis Obispo Regional Transit Authority (SLORTA) transit buses;  Purchase VDECs for transit buses; and  Fund expansion of existing SLORTA transit services. 1. The Applicant shall prepare and submit the offsite mitigation strategy to the APCD for review and to the City for approval at least three months prior to the issuance of grading permits for Phase 1 construction. 2. The Applicant shall provide funding to the APCD at least two months prior to the start of construction. The APCD and City staff shall ensure offsite mitigation measures are appropriate. The APCD shall ensure the receipt of funding. Compliance Status: At least 3 months prior to grading permits, coordinate with APCD. See letter dated 3/21/2018 MM AQ-2a. The Applicant shall include the following:  Water Conservation Strategy: The Applicant shall install fixtures with the EPA WaterSense Label, achieving 20 percent reduction indoor. The Project shall install drip, micro, or fixed spray irrigation on all plants other than turf, also including the EPA WaterSense Label, achieving 15 percent reduction in outdoor landscaping.  Solid Waste: The Applicant shall institute recycling and composting services to achieve a 15 percent reduction in waste disposal, and use waste efficient landscaping. The Applicant shall indicate the above measures on the Development Plan and building plans prior to acceptance of the final Development Plan and recordation of the VTM. City staff shall ensure measures are indicated on plans. City building inspectors shall ensure compliance after completion of each Phase. Compliance Status: Shown on building plans; field verify during building inspections as needed. Page 258 of 322 MITIGATION MONITORING AND REPORTING PROGRAM Avila Ranch Development Project 9 Mitigation Measure Plan Requirements & Timing Monitoring/Compliance  Fugitive Dust: The Applicant shall replace ground cover of at least 70 percent of area disturbed in accordance with CARB Rule 403.  Energy Conservation Strategy: The Applicant shall install additional solar and alternative energy features (e.g., solar panels on commercial buildings; solar canopies over commercial parking areas). Solar and additional energy features to be shown in Phase 6 plans. MM AQ-2b. Consistent with standard mitigation measures set forth by the APCD, Projects generating more than 50 lbs/day of combined ROG + NOx or PM10 shall implement all feasible measures within Table 3-5 of the Air Quality Handbook. The Applicant shall include the mitigation measures in Table 3-5 of the 2012 SLO County APCD CEQA Air Quality Handbook, as indicated in the column “Describe How Project Will Include This Measure” in Table 3.3-9, above. All feasible standard mitigation measures shall be included as part of the Project prior to acceptance of the final Development Plan and recordation of the final VTM. City staff shall ensure the above measures are incorporated into the development plan and building plans prior to permit issuance. 1. City staff shall ensure measures are on plans. City staff shall work with the Applicant to ensure that these strategies are implemented. 2. APCD inspectors or other City-approved compliance monitors shall conduct periodic site visits to ensure compliance and respond to nuisance complaints. Compliance Status: Shown on plans; field verify as needed. Biological Resources MM BIO-1a. The Applicant shall prepare and implement a Biological Mitigation Plan that identifies construction-related staging and maintenance areas and includes Project -specific construction best management practices (BMPs) to avoid or minimize impacts to biological resources, including all measures needed to protect riparian woodland along Tank Farm Creek, minimize erosion, and retain sediment on the Project site. Such BMPs shall include (but not be limited to) the following: 1) Construction equipment and vehicles shall be stored at least 100 feet away from Tank Farm Creek and adjacent riparian habitat, and all construction vehicle maintenance shall be performed in a designated offsite vehicle storage and maintenance area. 2) Prior to construction activities adjacent to Tank Farm Creek, the creek 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, whichever is further from the creek, and shall be maintained throughout the construction period for each phase of development. 3) In the event that construction must occur within the creek or 20 -foot 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. The Biological Mitigation Plan shall be submitted for review and approval by the City prior to acceptance of the final Development Plan and recordation of the final VTM. The plan shall be designed to address all construction-related activities during all phases of development until all disturbed areas are permanently stabilized. 1. The City shall review and approve the Biological Mitigation Plan to ensure that all BMPs and appropriate mitigation measures have been included. The City shall review the construction plans for each phase of development to ensure consistency with the Biological Mitigation Plan. 2. City staff shall periodically inspect the Project site during major grading and construction within or adjacent to Tank Farm Creek. Compliance Status: Page 259 of 322 MITIGATION MONITORING AND REPORTING PROGRAM 10 Avila Ranch Development Project Mitigation Measure Plan Requirements & Timing Monitoring/Compliance 4) Construction shall occur during daylight hours (7:00 AM to 7:00 PM or sunset, whichever is sooner) 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 creek banks. 5) Construction equipment shall be inspected at the beginning of each work day to ensure that no wildlife species is residing within any construction equipment (e.g., species have not climbed into wheel wells, engine compartments, or under tracks since the equipment was last parked). Any sensitive wildlife species found during inspections shall be gently encouraged to leave the Project site by a qualified biologist or otherwise trained and City-approved personnel. 6) Pallets or secondary containment areas for chemicals, drums, or bagged materials shall be provided. Should material spills occur, materials and/or con taminants shall be cleaned from the Project site and recycled or disposed of to the satisfaction of the Regional Water Quality Control Board (RWQCB). 7) All trash and construction debris shall be picked up and properly disposed at the end of each day and waste dumpsters shall be covered with plastic sheeting at the end of each workday and during storm events. All sheeting shall be carefully secured to withstand weather conditions. 8) The Applicant shall implement erosion control measures designed to minimize eros ion and retain sediment on the Project site. Such measures shall include installation of silt fencing, straw waddles, or other acceptable erosion control devices along the perimeter of Tank Farm Creek and at the perimeter of all cut or fill slopes. All drainage shall be directed to sediment basins designed to retain all sediment onsite. 9) Concrete truck and tool washout should occur in a designated location such that no runoff will reach the creek. 10) All open trenches shall be constructed with appropriate exit ramps to allow species that incidentally fall into a trench to escape. All open trenches shall be inspected at the beginning of each work day to ensure that no wildlife species is present. Any sensitive wildlife species found during inspections shall be g ently encouraged to leave the Project site by a qualified biologist or otherwise trained and City -approved personnel. Trenches will remain open for the shortest period necessary to complete required work. 11) Existing facilities and disturbed areas shall be used to the maximum extent possible to minimize the amount of disturbance of undeveloped areas and all construction access roads and staging areas shall be located to avoid high quality habitat and minimize habitat fragmentation. Mitigation Plan completed in Jan 2019; subject to field verification as construction occurs. 2024 Q3 report includes the year 1 status report of the Phase 1 mitigation. Mitigation sites have achieved year 1 success criteria, as defined by the Wetland and Riparian Mitigation and Monitoring Plan (WRMMP). Years 2-5 monitoring to be completed for the creek corridor. A separate biological monitoring and mitigation plan is being prepared as of 2025 to address future construction on the east side of the project. MM BIO-1b. The Applicant shall retain a qualified Environmental Monitor, subject to review and approval by the City and in consultation with CDFW, RWQCB, and USFWS to oversee compliance of the construction activities with the Biological Monitoring Plan and applicable laws, regulations, and policies. The Environmental Monitor shall monitor all construction activities, conduct a biological resources education program for all The City shall select a qualified Environmental Monitor and a CDFW- approved qualified biologist prior to issuance of grading and building permits for each phase of construction. The Environmental The Environmental Monitor shall monitor all grading and construction, conduct regular site inspections, and is responsible for compliance of Page 260 of 322 MITIGATION MONITORING AND REPORTING PROGRAM Avila Ranch Development Project 11 Mitigation Measure Plan Requirements & Timing Monitoring/Compliance construction workers prior to the initiation of any clearing or construction activities, and provide quarterly reports to the City regarding construction activities, enforcement issues and remedial measures. The Environmental Monitor shall be responsible for conducting inspections of the work area each work day to ensure that excavation areas, restored habitats, and open water habitats in the area do not have oil sheen, liquid oil, or any other potential exposure risk to wildlife. If any exposure risk is identified, the Environmental Monitor shall implement measures that could include, but are not limited to, ha zing, fencing, and wildlife removals to eliminate the exposure risk. In addition, a CDFW-approved biologist shall be present during all construction occurring within 50 feet of Tank Farm Creek, riparian habitat, drainages, and seasonal or permanent wetlands. The biologist shall also conduct sensitive species surveys immediately prior to construction activities (within the appropriate season) and shall monitor construction activities in the vicinity of habitats to be avoided (see also, MM BIO -3 and all subparts below). The work area boundaries and other off-limit areas shall be identified by the biologist and/or Environmental Monitor on a daily basis. The biologist and/or Environmental Monitor shall inspect construction and sediment control fencing each work day during construction activities to ensure that sensitive species are not exposed to hazards. Any vegetation clearing activities shall be monitored by the biologist and/or Environmental Monitor. Monitor and CDFW-approved qualified biologist shall be present onsite to monitor construction activities. the construction and the above BMPs within MM BIO-1a. During construction, the Environmental Monitor shall submit quarterly monitoring reports to the City to ensure compliance with the Biological Mitigation Plan and applicable laws, regulations, and policies. The qualified biologist shall be onsite during all construction within 50 feet of sensitive creek and riparian habitat areas. Compliance Status: Monitor approved; field verification ongoing as activities occur. See Biological Mitigation & Monitoring Plan, by Althouse and Meade, dated January 2019. BMMP Quarterly Reports are being submitted to City Natural Resources. MM BIO-2a. Project designs shall be modified to realign the Tank Farm Class I bicycle path and relocate manufactured slopes for housing pads in order to create a minimum of a 35 -foot creek setback from either the top of the bank of Tank Farm Creek or edge of riparian habitat, whichever is further, for at least 90 percent of corridor length. No more than 10 percent of the length of the corridor (700 linear feet) shall have a setback of less than 35 feet, but at least 20 feet from the top of the bank or edge of riparian canopy, whichever is further. However, in any instance the creek setback shall be no less than 20 feet from the edge of riparian canopy or top of bank, whichever is further, consistent with Section 17.16.025 of the City of San Luis Obispo Zoning Regulations. The Applicant shall revise the proposed Project to move the location of the Tank Farm Class I bicycle path and manufactured slopes to be outside the City-approved creek setback. The revised Development Plan and VTM shall clearly indicate the 35-foot creek setback line from the top of the bank or riparian edge, whichever is further. The Applicant shall clearly delineate any portions of development within the 35-foot creek setback. In addition, the Applicant shall submit creek cross sections along various locations of Tank Farm Creek that demonstrate compliance. The City shall review and approve these modifications prior The City shall ensure compliance the specific creek setbacks through review and approval of the final VTM, grading plan, and final Development Plan, along with monitoring reports prepared as part of MM BIO-1b. Compliance Status: Ongoing; subject to review. City staff verifies creek setbacks with each building permit submittal and improvement plan submittal. Page 261 of 322 MITIGATION MONITORING AND REPORTING PROGRAM 12 Avila Ranch Development Project Mitigation Measure Plan Requirements & Timing Monitoring/Compliance to acceptance of the final Development Plan and recordation of the final VTM. Verified with approved Phase 1 Improvement Plans; check plans for future Phases. MM BIO-2b. The Biological Mitigation Plan shall provide details on timing and implementation of required habitat restoration and shall be prepared in consultation with the City’s Natural Resource Manager and CDFW. A copy of the final plan shall be submitted to the City for review and approval. The plan shall be implemented by the Project Applicant, under supervision by the City and Environmental Monitor, and: 1) Characterize the type, species composition, spatial extent, and ecological functions and values of the wetland and riparian habitat that will be removed, lost, or damaged. 2) Describe the approach that will be used to replace the wetland and riparian habitat removed, lost, or adversely impacted by the Project, including a list of the soil, plants, and other materials that will be necessary for successful habitat replaceme nt, and a description of planting methods, location, spacing, erosion protection, and irrigation measures that will be needed. Restoration and habitat enhancement shall include use of appropriate native species and correction of bank stabilization issues. Wetland restoration or enhancement areas shall be designed to facilitate establishment of wetland plants such as willows, cottonwoods, rushes, and creeping wild rye. 3) Describe the habitat restoration ratio to be used in calculating the acreage of habitat to be planted, consistent with MM BIO-2c through 2e below and the findings in the Biological Report (Appendix I). 4) Describe the program that will be used for monitoring the effectiveness and success of the habitat replacement approach. 5) Describe how the habitat replacement approach will be supplemented or modified if the monitoring program indicates that the current approach is not effective or successful. 6) Describe the criteria that will be used to evaluate the effectiveness and success of the habitat replacement approach. 7) Indicate the timing and schedule for the planting of replacement habitat. 8) Habitat restoration or enhancement areas shall be established within the Project boundaries, adjacent to and contiguous with existing wetlands to the maximum extent possible. Habitats suitable for Congdon’s tarplant and other native wetland species shall be created onsite. If Congdon’s tarplant is found in areas proposed for disturbance, the affected individuals shall be replaced at a 1:1 ratio through seeding in a suitable conserved natural open space area. A management plan for the species shall be developed consistent with applicable scientific literature pertinent to this species. 9) Habitat restoration or enhancement sites shall be placed within deed-restricted area(s), and shall be maintained and monitored for a minimum of five years. If The Biological Mitigation Plan shall specify the location, timing, species composition, and maintenance of all habitat restoration and enhancement efforts. Completed pre- construction species surveys shall be submitted to the City within 10 days of completion. Construction work shall not commence until after the completion of surveys and approval of the Biological Mitigation Plan. Any required permits shall be obtained from the state and federal agencies prior to the issuance of grading or building permits. The Biological Mitigation Plan shall be prepared by the Applicant and submitted to the City for approval prior to acceptance of the final Development Plan and recordation of the final VTM. The City shall: 1. Review and approve the Biological Mitigation Plan. 2.Review construction plans for each phase of development to ensure consistency with the Biological Mitigation Plan. 3. Select a qualified biologist prior to issuance of all grading and building permits. 4. Review findings of the surveys submitted with quarterly construction reports. 5. Ensure compliance with Sections 3505 and 3503.1 of the Fish and Game Code of California. After the completion of each phase, the qualified biologist shall inspect the site as follows: quarterly for the first two years, semi-annually during the third year, and annually for the fourth and fifth years. Annual reports demonstrating compliance with the Biological Mitigation Plan and any needed corrective actions shall be submitted to the City for five years after completion of each phase. Qualified biologist and/or Environmental Monitor shall monitor for compliance during ongoing construction. Compliance Status: Page 262 of 322 MITIGATION MONITORING AND REPORTING PROGRAM Avila Ranch Development Project 13 Mitigation Measure Plan Requirements & Timing Monitoring/Compliance sufficient onsite mitigation area is not practicable, an offsite mitigation plan shall be prepared as part of the Biological Mitigation Plan and approved by permitting agencies. 10) The Biological Mitigation Plan shall identify appropriate restoration and enhancement activities to compensate for impacts to seasonal creek, wetland, and riparian habitat, including a detailed planting plan and maintenance plans using locally obtained native species and include habitat enhancement to support native wildlife and plant species. 11) A weed management plan and weed identification list shall be included in the Biological Mitigation Plan. 12) Habitat restoration or enhancement areas shall be maintained weekly for the first three years after Phase completion and quarterly thereafter. Maintenanc e shall include eradication of noxious weeds found on California Department of Food and Agriculture Lists (CDFA) A and B. Noxious weeds on CDFA list C may be eradicated or otherwise managed. 13) Mitigation implementation and success shall be monitored quarterly for the first two years after completion of each Phase, semi-annually during the third year, and annually the fourth and fifth years. Annual reports documenting site inspections and site recovery status shall be prepared and sent to the County and approp riate agencies. See Biological Mitigation & Monitoring Plan, by Althouse and Meade, dated January 2019 Subject to field verification when grading and construction occur. BMMP Quarterly Reports are being submitted to City Natural Resources MM BIO-2c. Within the required Biological Mitigation Plan, all temporary and permanent impacts to riparian trees, wetlands, and riparian habitat shall be mitigated, as follows: 1) Temporary impacts to wetland and riparian habitat shall be mitigated at a minimum 1:1 mitigation ratio for restoration (area of restored habitat to impacted habitat). 2) Permanent impacts to state jurisdictional areas, including isolated wetlands within agricultural lands and riparian habitat will be mitigated at a 1.5:1 ratio (area of restored and enhanced habitat to impacted habitat). 3) Permanent impacts to federal wetlands shall be mitigated at a minimum 3:1 ratio (1:1 area of created to impacted habitat plus 2:1 area of created/enhanced habitat to impacted habitat). 4) Riparian trees four inches or greater measured at diameter-at-breast-height (DBH) shall be replaced in-kind at a minimum ratio of 3:1 (replaced: removed). Trees measured at 24 inches or greater 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). Permanent impacts to riparian vegetation shall be mitigated at a 3:1 ratio to ensure no net loss of acreage and individual plants. The Biological Mitigation Plan shall demonstrate compliance with mitigation ratios and be submitted to the City for approval prior to acceptance of the final Development Plan and recordation of the final VTM. Tree and vegetation replacement shall occur within the same construction phase as tree and vegetation removal. The City shall ensure compliance with requirements for the Biological Mitigation Plan. The Environmental Monitor shall ensure compliance during restoration activities. Compliance Status: See Biological Mitigation & Monitoring Plan, by Althouse and Meade, dated January 2019. Subject to field verification when grading and construction occur. BMMP Quarterly Reports are being submitted to City Natural Resources. Page 263 of 322 MITIGATION MONITORING AND REPORTING PROGRAM 14 Avila Ranch Development Project Mitigation Measure Plan Requirements & Timing Monitoring/Compliance 5) Replacement trees shall 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. Replacement plants shall be monitored 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. 2024 Q3 report includes the year 1 status report of the Phase 1 mitigation. Mitigation sites have achieved year 1 success criteria, as defined by the Wetland and Riparian Mitigation and Monitoring Plan (WRMMP). MM BIO-2d. Project design shall be modified to preserve at a minimum the southern 275 feet of the North-South Creek Segment to protect all existing mature riparian woodland, and the proposed drainage plan shall be altered to con vey remaining surface water flows from areas to the north to this channel. Applicant shall revise Development Plan and VTM to preserve a minimum of 275 feet of the North-South Creek Segment along its southern reach. Revised plans shall be submitted and approved by the City prior to acceptance of the final Development Plan and recordation of the final VTM. The City shall review and ensure compliance of protection and restoration measures within the required Biological Mitigation Plan. Compliance Status: Mitigation Plan approved and Phase 1 plans modified to meet requirement. Requirement has been fulfilled in full. MM BIO-2e. To minimize impacts to riparian habitat, the Project shall stockpile sufficient emergent vegetation (e.g., cattails) for later planting in the realigned reach of Tank Farm Creek. Stockpiled vegetation shall be placed in earthen basins with the roots covered with moist soil and maintained in a moist condition during construction operations. Biological Mitigation Plan shall demonstrate compliance and be submitted to the City for approval prior to acceptance of the final Development Plan and recordation of the final VTM. The Environmental Monitor shall ensure compliance with the Biological Mitigation Plan during restoration activities. Compliance Status: Mitigation Plan approved; Developer wis working with project biologist to cut, harvest, and replace habitat in the corridor as required. Monitoring to continue. MM BIO-2f. The reconstructed portion of Tank Farm Creek shall be engineered to provide similar characteristics to the existing creek channel and banks, including sinuosity, gradient, and channel capacity. The reconstructed stream channel shall be vegetated with appropriate riparian tree and shrub species, and monitored as part of the required Biological Mitigation Plan. The Biological Mitigation Plan shall demonstrate compliance and be submitted to the City for review and approval prior to acceptance of the final Development Plan and recordation of the final VTM. This mitigation does not apply to the MPA. The City shall ensure compliance with the requirements of the Biological Mitigation Plan. The Environmental Monitor shall also ensure compliance with during restoration activities. Compliance shall also be Page 264 of 322 MITIGATION MONITORING AND REPORTING PROGRAM Avila Ranch Development Project 15 Mitigation Measure Plan Requirements & Timing Monitoring/Compliance demonstrated within the Biological Mitigation Plan annual report for Phase 3 submitted to the City. MM BIO-2g. A post-construction landscape and restoration report for each phase shall be prepared by the Environmental Monitor based on as-built drawings and site inspections to document the final grading, plantings, and habitat restoration activities. The report sha ll include as-built plans prepared after restoration, grading, and mitigation habitat plantings are complete. The as-built plans shall be prepared by landscape and grading contractors responsible for realignment and restoration within Tank Farm Creek. The Applicant shall submit to the all post- construction landscape and restoration reports within 60 days of final installation of plant materials for each phase. The City shall review post- construction landscape and restoration reports and ensure compliance prior to approval of grading and building permits for each new phase of construction. Environmental Monitor shall ensure compliance with approved Biological Mitigation Plan for all restoration activities. Compliance Status: BMMP completed Jan 2019. Quarterly reports are being submitted by project biologist, plus annual reports, as required. In compliance. MM BIO-2h. Project activities within Tank Farm Creek and drainage channels, including any tree pruning or removals, any necessary erosion repairs, or culvert removals, shall be performed when the channel is dry, planned to the satisfaction of the City Engineer and Natural Resource Manager per City Drainage Manual Standards, and be subject to monitoring by the Environmental Monitor. Upon removal of the existing steel culvert currently used for farm access across Tank Farm Creek, the channel shall be restored to match conditions immediately upstream and downstream including channel width, gradient, and vegetation. Compliance with the City Drainage Manual Standards shall be demonstrated within the final Development Plan and grading plans for each phase and be subject to City review and approval prior to acceptance of the final Development Plan and recordation of the final VTM. The City shall be notified at least 10 business days in advance of any work to be performed within the creek or drainage channels. The City shall ensure compliance with standards on the final Development Plan and VTM. The Environmental Monitor shall monitor activities within the creek and drainage channels. Compliance Status: BMMP completed Jan 2019; field verify as needed. MM BIO-2i. To reduce erosion and runoff from all exposed soils, all bare disturbed soils shall be hydroseeded at the completion of grading for each construction phase. The seed mix shall contain a minimum of three locally native grass species and may contain one or two sterile non-native grasses not to exceed 25 percent of the total seed mix by count. Seeding shall be completed no later than November 15 of the year in which Project activities occurred. All exposed areas where seeding is considered unsuccessful after 90 days shall Seeding shall be completed no later than November 15 of the year in which Project activities occurred. The Environmental Monitor shall monitor hydroseeding activities for compliance. Compliance shall be demonstrated within the quarterly reports for Page 265 of 322 MITIGATION MONITORING AND REPORTING PROGRAM 16 Avila Ranch Development Project Mitigation Measure Plan Requirements & Timing Monitoring/Compliance receive a second application or seeding, straw, or mulch as soon as is practical to reduce erosion. construction activities (refer to MM BIO-1a and 1b). Compliance Status: BMMP completed Jan 2019; field verify as needed. Requirements included on Phase 1 & 2/3 PIPs MM BIO-2j. The Tank Farm Creek Class I bicycle path bridge footings for creek crossings shall be placed outside mapped riparian areas and outside the top of the bank of the channel invert. The Class I bridges shall be located within areas that have little to no riparian vegetation. No construction activities or equipment shall occur in the stream channel. The placement of the bridge and footings shall be indicated on the Development Plan, VTM, and Biological Mitigation Plan, and shall show the bridges’ placement in relation to existing vegetation and the creek channel and banks. The Applicant shall demonstrate compliance with Development Plan, VTM, and Biological Mitigation Plan subject to City review and approval prior to acceptance of the final Development Plan and recordation of the final VTM. The City shall review the Biological Mitigation Plan, final Development Plan and final VTM to ensure compliance. Compliance Status: Tank Farm Creek Class I bicycle path bridge footings reviewed with Phase 2 PIPs. An increased span of the footings was incorporated into the design, engineers worked to accomplish this. Constructed footings outside riparian corridor per requirements. MM BIO-3a. The City-approved qualified biologist shall conduct training to all construction personnel to familiarize construction crews with sensitive species that have the potential to occur within the Project site. This may include but is not limited to: California red -legged frog, western pond turtle, Steelhead trout, bats, migratory birds, and Con gdon’s tarplant. The educational program shall include a description what constitutes take, penalties for take, and the guidelines that would be followed by all construction personnel to avoid take of species during construction activities. Descriptions of the California red-legged frog and its habits, Congdon’s tarplant, nesting and migratory birds that may be encountered, and all other sensitive species that have a potential to occur within the vicinity of Project construction shall be provided. The construction crew foreman shall be responsible for ensuring that crew members comply with the guidelines and that all new personnel receive the training before partaking in construction activities. All construction personnel shall complete special status species training prior to partaking in any Project-related activities, and again prior to the commencement of each Project phase. Ongoing weekly “tail- gate” trainings shall occur during construction activities performed within 50 feet of creek, wetland, and riparian areas. The construction foreman shall demonstrate compliance and completion of training with training logs. The City- approved qualified biologist shall verify completion of training. Training logs shall be submitted to the City along with quarterly reports during construction (refer to MM BIO- 1a). Compliance Status: Page 266 of 322 MITIGATION MONITORING AND REPORTING PROGRAM Avila Ranch Development Project 17 Mitigation Measure Plan Requirements & Timing Monitoring/Compliance See Biological Mitigation & Monitoring Plan, by Althouse and Meade, dated January 2019. BMMP Quarterly Reports and annual reports are being submitted to City Natural Resources. MM BIO-3b. The Biological Mitigation Plan shall address wildlife and special status species movement as follows:  Migratory and Nesting Bird Management. Grading and construction activities shall avoid the breeding season (typically assumed to be from February 15 to August 15) to the extent practicable, particularly within 50 feet of Tank Farm Creek and riparian or wetland habitat. If Project activities must be conducted during this period, pre- construction nesting bird surveys shall take place within one wee k of habitat disturbance associated with each phase, and if active nests are located, the following shall be implemented: o Construction activities within 50 feet of active nests shall be restricted until chicks have fledged, unless the nest belongs to a rap tor, in which case a 200-foot activity restriction buffer shall be observed. o A pre-construction survey report shall be submitted to the City immediately upon completion of the survey. The report shall detail appropriate fencing or flagging of the buffer zone and make recommendations on additional monitoring requirements. A map of the Project site and nest locations shall be included with the report. o The Project biologist conducting the nesting survey shall have the authority to reduce or increase the recommended buffer depending upon site conditions and the species involved. A report of findings and recommendations for bird protection shall be submitted to the City prior to vegetation removal.  Bat Colony Management. Prior to removal of any trees over 20 inches diameter-at- breast-height (DBH), a survey shall be conducted by a CDFW-approved qualified biologist to determine if any tree proposed for removal or trimming harbors sensitive bat species or maternal bat colonies. Maternal bat colonies shall not be disturbed. If a non-maternal roost is found, the qualified biologist 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 shall have similar cavities or crevices to those which are removed, including access, ventilation, dimensions, height above ground, and thermal conditions. If a bat colony is excluded from the Project site, appropriate alternate bat habitat shall be installed in the Project site. To the extent practicable, alternate bat house installation shall be installed near the onsite drainage. 1. The Biological Mitigation Plan shall include a management plan for migrating and nesting birds, bat colonies, Congdon’s tarplant, and sensitive species and shall be submitted for review and approval by the City prior to acceptance of final Development Plan and recordation of the final VTM. 2. Construction shall be conducted between August 16 and February 14 unless pre- construction surveys are completed. Completed pre-construction species surveys (i.e., nesting, bat surveys, etc.) shall be submitted to the City within 10 days of completion. Construction work shall not commence until after the completion of surveys. 3. Required permits shall be obtained from state and federal agencies prior to issuance of grading or building permits. The City shall: 1.Ensure compliance on the Biological Mitigation Plan. The City shall review findings of the surveys submitted with quarterly construction reports 2.Ensure compliance with Sections 3505 and 3503.1 of the Fish and Game Code of California. 3. The qualified biologist and/or Environmental Monitor shall monitor for compliance during ongoing construction. Compliance Status: See Biological Mitigation & Monitoring Plan, by Althouse and Meade, dated January 2019. Subject to field verification when grading and construction occur. BMMP Quarterly Reports and annual reports are being submitted to City Natural Resources. Page 267 of 322 MITIGATION MONITORING AND REPORTING PROGRAM 18 Avila Ranch Development Project Mitigation Measure Plan Requirements & Timing Monitoring/Compliance  Congdon’s Tarplant Management. Prior to initiation of construction, the Applicant shall fund a site survey for Congdon’s tarplant, and: o If Congdon’s tarplant is found in areas proposed for building, the affected individuals shall be replaced at a 1:1 ratio through seeding in a suitable conserved natural open space area. o A mitigation and monitoring plan for the species shall be developed consistent with applicable scientific literature pertinent to this species. The plan shall provide for the annual success over an area of at least 1,330 square feet with approximately 500-750 individuals (the current aerial extent) and be implemented to reduce impacts to Congdon’s tarplant to a less than significant level. o The mitigation plan shall be incorporated into the Biological Mitigation Plan, wherein wetland sites shall be created and Congdon’s tarplant seeds from the site shall be reintroduced.  Sensitive Species Management. Injury or mortality to the California red-legged frog, western pond turtle, and steelhead shall be avoided. The plan shall include the following measures: pre-Project surveys; worker awareness; cessation of work in occupied areas; relocation (if necessary) of frogs, turtles, and steelhead from the work area by a professional biologist authorized by the USFWS and/or CDFW; and monitoring by a qualified biologist during construction. Necessary permits shall be obtained from the state (CDFW) and federal (USACE and USFWS) regulatory agencies with jurisdiction. Any other sensitive species observed during the pre-construction surveys shall be relocated out of harm’s way by the qualified biologist into the nearest suitable habitat as determined in consultation with the jurisdictional resource agency outside the disturbance area. MM BIO-3c. Within 48 hours prior to construction activities within 50 feet of Tank Farm Creek, drainages, and seasonal wetlands, the Project site shall be surveyed for California red-legged frogs by a qualified biologist. If any California red -legged frogs are found, work within 25 linear feet in any direction of the frog shall not start until the frog has been moved from the area. The USFWS shall be consulted for appropriate action; the Applicant shall obtain a Biological Opinion from the USFWS and any additional au thorization required by other regulatory agencies prior to the commencement of work. The USFWS-qualified biologist, Environmental Monitor, or USFWS personnel may determine that frog -exclusion fencing is necessary to prevent overland movement of frogs if concerns arise that frogs could enter construction areas. Frog-exclusion fencing should contain no gaps and must extend at least 18 inches above ground; fences may be opened during periods of no construction (e.g., weekends) to prevent entrapment. No construction activities within 50 feet of frog habitat shall occur prior to California red-legged frog surveys. Completed surveys shall be submitted to City along with quarterly construction reports. The City shall review findings of the surveys submitted with quarterly construction reports. Biologist shall ensure compliance during ongoing construction activities and with USFWS recommended actions. Compliance Status: See Biological Mitigation & Monitoring Plan, by Althouse and Meade, dated January 2019. Subject to field verification when grading and construction occur. BMMP Quarterly Page 268 of 322 MITIGATION MONITORING AND REPORTING PROGRAM Avila Ranch Development Project 19 Mitigation Measure Plan Requirements & Timing Monitoring/Compliance Reports are being submitted to City Natural Resources. MM BIO-3d. Within 48 hours prior to construction activities within 50 feet of Tank Farm Creek, drainages, seasonal wetlands, and riparian habitat, the Project site shall be surveyed for western pond turtles by a qualified biologist. If any western pond turtles are found, work shall cease until the turtle is relocated to the nearest suitable habitat. The qualified biologist shall monitor all ground breaking work conducted within 50 feet of western pond turtle habitat. The City-approved biologist Environmental Monitor may determine that silt fencing shall be installed adjacent to western pond turtle habitat if concerns arise that th e western pond turtle overland movement could allow them to access construction areas . No construction activities within 50 feet of frog habitat shall occur prior to the completion of western pond turtle surveys. Completed surveys shall be submitted to City along with quarterly construction reports. The City shall review findings of the surveys submitted with quarterly construction reports demonstrating compliance. The biologist and/or Environmental Monitor shall ensure compliance during ongoing construction activities and with USFWS recommended actions. Compliance Status: See Biological Mitigation & Monitoring Plan, by Althouse and Meade, dated January 2019. Subject to field verification when grading and construction occur. BMMP Quarterly Reports are being submitted to City Natural Resources. MM BIO-3e. Construction of the realigned portion of Tank Farm Creek, including planting of riparian vegetation, watering, and bank stabilization, shall be conducted prior to removal of the North-South Creek Segment to provide a fully connected wildlife movement area through Tank Farm Creek throughout the construction period. Project phasing shall be adjusted as needed to accommodate this sequence of construction activities . The Applicant shall demonstrate phasing and creek restoration within the Development Plan, VTM and Biological Mitigation Plan. Applicant shall submit to the City for review and approval prior to acceptance of the final Development Plan and recordation of the final VTM. This measure would not apply to the MPA. The City shall review the Biological Mitigation Plan, Development Plan, and VTM for compliance. The Environmental Monitor shall monitor creek realignment and the removal of North-South Creek Segment for compliance. MM BIO-4. The required Biological Mitigation Plan shall address bat colonies for the Buckley Road Extension site. Bat surveys shall be conducted in buildings proposed for demolition. If surveys determine bats are present, bat exclusion devices shall be installed between August and November, and building demolition would occur between November and March. If demolition of structures must occur during the bat breeding season, buildings must be inspected and deemed clear of bat colonies/roosts within seven days of demolitio n and an appropriately trained and approved biologist must conduct a daily site-clearance during demolition. If bats are roosting in a structure in the Project site during the daytime but are not part of an active maternity colony, then exclusion measures must include one-way valves that allow bats to get out but are designed so that the bats may not re -enter the structure. A bat colony management plan shall be submitted for review and approval prior to acceptance of the final Development Plan and recordation of the final VTM. Completed bat surveys shall be submitted within 10 days of completion. Construction work shall not commence until completion of surveys or relocation of any non-maternal bat colonies. Exclusion measures shall be installed prior to initiation of construction of Phase 2. The City shall review findings of the bat surveys submitted with quarterly construction reports The qualified biologist and/or Environmental Monitor shall monitor for compliance during ongoing construction. Compliance Status: Page 269 of 322 MITIGATION MONITORING AND REPORTING PROGRAM 20 Avila Ranch Development Project Mitigation Measure Plan Requirements & Timing Monitoring/Compliance See Biological Mitigation & Monitoring Plan, by Althouse and Meade, dated January 2019. Subject to field verification when grading and construction occur. BMMP Quarterly Reports are being submitted to City Natural Resources. MM BIO-5a. All exterior building lights facing Tank Farm Creek shall be hooded to prevent light spillover into the creek; all residential street lights over 10 feet in height shall be setback a minimum of 100 feet from the top of the creek bank and hooded and/or directe d away from the creek. Any night lighting adjacent to the creek (e.g., walkway lights) shall be of low voltage and hooded downward. Artificial light levels within 20 feet of the top of the creek bank shall not exceed 1-foot candle or the lowest level of illumination found to be feasible by the City. This mitigation measure shall be incorporated appropriately and subject to City review and approval prior to acceptance of the final Development Plan and recordation of the final VTM. The City shall review the final Development Plan, Biological Mitigation Plan, and lighting plan to ensure compliance. Compliance Status: See Phase 1 Improvement Plans; verify for future phases MM BIO-5b. Tank Farm Creek restoration/enhancement plantings shall include native vegetation, such as oaks, cottonwoods, willows, and sycamores along the entire length of the Project’s creek frontage in order to minimize light spillover into the creek. Measure shall be incorporated as part of the Biological Mitigation Plan to subject to City review and approval prior to acceptance of the final Development Plan and recordation of the final VTM. The City shall review the final Development Plan, landscape plans and restoration plans to ensure compliance. Compliance Status: See Biological Mitigation & Monitoring Plan, by Althouse and Meade, dated January 2019 with quarterly updates City to verify on each Phase PIP MM BIO-6. All work within 100 feet of Tank Farm Creek, including work within the creek setback, shall occur outside the rainy season (April 15 to October 15, unless approved otherwise by the RWQCB), during periods when the creek channel is dry and water flows are absent. This measure shall be included within the Biological Mitigation Plan and subject to City review and approval prior to acceptance of the Final Development Plan and recordation of the final VTM. During construction, quarterly documentation demonstrating compliance shall be submitted to the City. The City shall review and approve the Biological Mitigation Plan to ensure this issue is addressed and prior to the onset of construction for each phase. The City shall ensure compliance in detailed grading and construction plans. The onsite Environmental Monitor shall ensure that Page 270 of 322 MITIGATION MONITORING AND REPORTING PROGRAM Avila Ranch Development Project 21 Mitigation Measure Plan Requirements & Timing Monitoring/Compliance construction within 100 feet of the creek is halted during a wet weather event. Compliance Status: BMMP completed Jan 2019; field verify as needed. Cultural Resources MM CR-2a. Data recovery through controlled grading of CA-SLO-2798/H shall occur prior to the start of construction to seek buried features and additional diagnostic artifacts. The Applicant shall retain a Registered Professional Archaeologist familiar with the types of historic and prehistoric resources that could be encountered within the Project site and a Native American monitor to supervise the controlled grading, which shall occur in 10 - centimeter lifts to culturally sterile sediments or maximum construction dep th (whichever is reached first).  Any formed tools exposed during grading shall be collected. If archaeological features are exposed (including but not limited to hearths, storage pits, midden deposits, or structural remains), the archaeologist shall temporarily redirect grading to another area so the features can be exposed, recorded, and sampled according to standard archaeological procedures. Organic remains shall be dated using the radiocarbon method and the geochemical source and hydration rim thickness of any obsidian shall be determined. Technical analyses of plant remains, bone and shell dietary debris, and other important materials shall also be performed.  Artifacts, features, and other materials recovered through this process shall be described, illustrated, and analyzed fully in a technical report of findings; the analysis shall include comparative research with other sites of similar age. In addition to the technical report, the findings from this research shall be published in an appropriate scientific journal. The Applicant shall fund all technical reporting and subsequent publication. Controlled grading shall occur prior to other earthwork, grading, and ground disturbing activities in Phase 5. Phase 5 grading plans shall reflect controlled grading methods within the plan notes. Technical analysis and reporting shall be completed within 18 months following completion of controlled grading. The City shall ensure the grading plans for Phase 5 development reflect a controlled grading approach. The Project archaeologist and Native American monitor shall ensure compliance during construction. Compliance Status: See Archaeological Data Recovery at CA‐SLO‐ 2798/H and CA‐SLO‐2902 Report by Applied Earthworks, dated December 2021. Fulfilled for data recovery of known sites in Phase 5 area. Archeological report submitted May 2024. Archeological monitors ongoing during grading and excavation MM CR-2b. Following completion of controlled grading of CA-SLO-2798/H, the Applicant shall retain a Registered Professional Archaeologist and a Native American consultant to monitor all further earth disturbances within Phase 5 to ensure that previously unidentified buried archaeological deposits are not inadvertently exposed and damaged. In the event archaeological remains are encountered during grading or other earth disturbance, work in the vicinity shall be stopped immediately and redirected to another location until the Project archaeologist evaluates the significance of the find pursuant to City Archaeological Resource Preservation Program Guidelines. If remains are found to be significant, they shall be The conditions for monitoring and treatment of discoveries shall be printed on all building and grading plans. Prior to issuance of building and grading permits for Phase 5 of the Project, the Applicant shall submit to the City a contract or Letter of Commitment with the Registered Professional Archaeologist. The City shall review and approve the selected archaeologist to ensure they meet City permit compliance staff shall confirm monitoring by archaeologist and tribal representative and City grading inspectors shall spot check field work. The Native American monitor and/or Project archaeologist shall ensure actions are consistent with Page 271 of 322 MITIGATION MONITORING AND REPORTING PROGRAM 22 Avila Ranch Development Project Mitigation Measure Plan Requirements & Timing Monitoring/Compliance subject to a Phase 3 mitigation program consistent with Ci ty Guidelines and funded by the Applicant. appropriate professional qualification standards. mitigation measure and implemented in the event of any inadvertent discovery. Compliance Status: Avila Ranch has a contract in place with a Registered Professional Archaeologist (Applied Earthworks) and a Native American consultant to monitor grading. Monitoring will continue with remaining phases, including completion of Phase 4 & 5 grading in spring 2025. MM CR-3a. Prior to the issuance of building and grading permits for Phase 1, the Applicant shall retain a City-approved Registered Professional Archaeologist and a Native American monitor to be present during all ground disturbing activities within the Project site and Buckley Road Extension site. In the event of any inadvertent discovery of prehistoric or historic-period archaeological resources during construction, all work within 50 feet of the discovery shall immediately cease (or greater or lesser distance as needed to protect the discovery and determined in the field by the Project archaeologist). The Applicant shall immediately notify the City of San Luis Obispo Community Development Department. The Project archaeologist shall evaluate the significance of the discovery pursuant to City Archaeological Resource Preservation Program Guidelines prior to resuming any activities that could impact the site/discovery. If the Project archaeologist determines that the find may qualify for listing in the CRHR, the site shall be avoided or shall be subject to a Phase 3 mitigation program consistent with City Guidelines and funded by the Applicant. Work shall not resume until authorization is received from the City. The conditions for monitoring and treatment of discoveries shall be printed on all building and grading plans. Prior to issuance of building and grading permits for each Phase of the Project, the Applicant shall submit to the City a contract or Letter of Commitment with the Registered Professional Archaeologist. The City shall review and approve the selected archaeologist to ensure they meet appropriate professional qualification standards. City permit compliance staff shall confirm monitoring by archaeologist and tribal representative and City grading inspectors shall spot check field work. The Native American monitor and/or Project archaeologist shall ensure actions are consistent with mitigation measure and implemented in the event of any inadvertent discovery. Compliance Status: Applied Earthworks was retained for Phase1 ground disturbing activities. Padre Associates was retained for the Buckley Road Extension. Buckley Road Extension is complete. Archaeological monitoring will be required on future Buckley Road bike bridge permit where grading will occur in previously Page 272 of 322 MITIGATION MONITORING AND REPORTING PROGRAM Avila Ranch Development Project 23 Mitigation Measure Plan Requirements & Timing Monitoring/Compliance undisturbed areas. This will be a condition on permit. MM CR-3b. Prior to construction, workers shall receive education regarding the recognition of possible buried cultural remains and protection of all cultural resources, including prehistoric and historic resources, during construction. Such training shall provide construction personnel with direction regarding the procedures to be followed in the unlikely event that previously unidentified archaeological materials, including Native American burials, are discovered during construction. Training would also inform construction personnel that exclusion zones must be avoided and that unauthorized collection or disturbance of artifacts or other cultural materials is not allowed. The training shall be prepared by the Project archaeologist and shall provide a description of the cultural resources that may be encountered in the Project site, outline steps to follow in the event that a discovery is made, and provide contact information for the Project archaeologist, Native American monitor, and appropriate City personnel. The training shall be conducted concurrent with other environmental or safety awareness and education programs for the Project, provided that the program elements pertaining to archaeological resources is provided by a qualified instructor meeting applicable professional qualifications stand ards. Prior to earthwork activities for each phase, construction workers shall participate in an educational program that will enable them to recognize and report possible buried cultural remains and protect all cultural resources, including prehistoric and historic resources. The educational program shall be outlined within the archaeological testing and mitigation program and submitted to the City for approval prior to issuance of grading permits for each phase. The Project archaeologist shall verify the training has been completed by all construction workers and shall ensure construction workers follow cultural resource recovery protocols. Compliance Status: Both Applied Earthworks and Padre Associates have conducted training for all construction personnel. This will be ongoing as a condition on all project grading permits. Geological Resources MM GEO-1. Design and construction of the buildings, roadway infrastructure and all subgrades shall be engineered to withstand the expected ground acceleration that may occur at the Project site. The design shall take into consideration the soil type, potential for liquefaction, and the most current and applicable seismic attenuation methods that are available. All onsite structures shall comply with applicable p rovisions of the 2010 California Building Code (CBC), local codes, and the most recent California Department of Transportation seismic design standards. The final recommendations shall be approved by the City Geotechnical Engineer prior to construction activities. Recommendations shall be included on grading plans. The Applicant shall retain a geotechnical engineer and an engineering geologist to make recommendations and to inspect and verify field conditions prior to and during the implementation of critical Project components (e.g., site preparation, grading, and construction of foundation slabs). The Applicant-retained geotechnical engineer and engineering geologist shall also inspect the site prior to the final site inspection by the City building inspectors. Compliance Status: City staff reviews for compliance as needed. See building plans. Page 273 of 322 MITIGATION MONITORING AND REPORTING PROGRAM 24 Avila Ranch Development Project Mitigation Measure Plan Requirements & Timing Monitoring/Compliance MM GEO-2. For commercial 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. Applicant shall indicated this measure on Project plans. City building inspectors shall ensure compliance. Compliance Status: TBD; later phase (Phase 6) – to be noted on plans. MM GEO-3. A geotechnical study shall be prepared for the Project site prior to site development. This report shall include an analysis of the liquefaction potential of the underlying materials according to the most current liquefaction analysis procedures. If the Project site is confirmed to be in an area prone to seismically-induced liquefaction, appropriate techniques to minimize liquefaction potential shall be prescribed and implemented. All onsite structures, transportation infrastructure, and subgrades shall co mply with applicable methods of State and Local Building Codes and all transportation infrastructure shall comply with the most current California Department of Transportation design standards. Suitable measures to reduce liquefaction impacts could include one or more of the following techniques, as determined by a registered geotechnical engineer: • Specialized design of foundations by a structural engineer; • Removal or treatment of liquefiable soils to reduce the potential for liquefaction; • Drainage to lower the groundwater table to below the level of liquefiable soil; • In-situ densification of soils or other alterations to the ground characteristics; or • Other alterations to the ground characteristics. The final recommendations shall be approved by the City Geotechnical Engineer prior to construction activities. Recommendations shall be included on grading plans. The Applicant shall retain a geotechnical engineer and an engineering geologist to make recommendations and to inspect and verify field conditions prior to and during the implementation of critical Project components (e.g., site preparation, grading, and construction of foundation slabs). The Applicant-retained geotechnical engineer and engineering geologist shall also inspect the site prior to the final site inspection by the City building inspectors. Compliance Status: Following Jan 2019 Geotech Plan. See various geotechnical reports prepared by GeoSolutions, Inc. City staff reviews for compliance as needed. MM GEO-4. The Site Geotechnical Investigation shall include an evaluation of the potential for soil settlement beneath the Project site. If the Project site is identified to be in a high potential for settlement zone based on the Site Geotechnical Investigation, the building foundations, transportation infrastructure, and subgrades shall be designed by a structural engineer to withstand the existing conditions, or the site shall be graded in such a manner as to address the conditions. Suitable measures to reduce settlement impacts could include one or more of the following techniques, as determined by a qualified geotechnical engineer: • Excavation and recompaction of onsite or imported soils; • Treatment of existing soils by mixing a chemical grout into the soils prior to recompaction; or The final recommendations shall be approved by the City Geotechnical Engineer prior to construction activities. Recommendations shall be included on grading plans. The Applicant shall retain a geotechnical engineer and an engineering geologist to make recommendations and to inspect and verify field conditions prior to and during the implementation of critical Project components (e.g., site preparation, grading, and construction of foundation Page 274 of 322 MITIGATION MONITORING AND REPORTING PROGRAM Avila Ranch Development Project 25 Mitigation Measure Plan Requirements & Timing Monitoring/Compliance Foundation design that can accommodate certain amounts of differential settlement such as post tensional slab and/or ribbed foundations designed in accordance with the CBC. slabs). The Applicant-retained geotechnical engineer and engineering geologist shall also inspect the site prior to the final site inspection by the City building inspectors. Compliance Status: Following Jan 2019 Geotech Plan. See various geotechnical reports prepared by GeoSolutions, Inc. City staff reviews for compliance as needed. MM GEO-5. The Site Geotechnical Investigation shall include an evaluation of the potential for soil expansion beneath the Project site. If the Project site is identified to be in a high expansive soil zone based on the Site Geotechnical Investigation, the foundations and transportation infrastructure shall be designed by a structural engineer to withstand the existing conditions, or the site shall be graded in such a manner as to address the conditions. Suitable measures to reduce impacts from expansive soils could include one or more of the following techniques, as determined by a qualified geotechnical engineer: • Excavation of existing soils and importation of non-expansive soils; and Foundation design to accommodate certain amounts of differential expansion such as post tensional slab and/or ribbed foundations designed in accordance with the CBC. The final recommendations shall be approved by the City Geotechnical Engineer prior to construction activities. Recommendations shall be included on grading plans. The Applicant shall retain a geotechnical engineer and an engineering geologist to make recommendations and to inspect and verify field conditions prior to and during the implementation of critical Project components (e.g., site preparation, grading, and construction of foundation slabs). The Applicant-retained geotechnical engineer and engineering geologist shall also inspect the site prior to the final site inspection by the City building inspectors. Compliance Status: Following Jan 2019 Geotech Plan. See various geotechnical reports prepared by GeoSolutions, Inc. City staff reviews for compliance as needed. Page 275 of 322 MITIGATION MONITORING AND REPORTING PROGRAM 26 Avila Ranch Development Project Mitigation Measure Plan Requirements & Timing Monitoring/Compliance MM GEO-6. The Site Geotechnical Investigation shall include soil parameter analyses to determine the potential for subsidence at the Project site. If the potential for subsidence is found to be significant, then structural and grading engineering measures shall be implemented to incorporate the results of the geotechnical study. These measures would be similar to those recommended to mitigate impacts to soil settlement. The Applicant shall retain a geotechnical engineer and an engineering geologist to make recommendations and to inspect and verify field conditions prior to and during the implementation of critical Project components (e.g., site preparation, grading, and construction of foundation slabs). The Applicant-retained geotechnical engineer and engineering geologist shall also inspect the site prior to the final site inspection by the City building inspectors. Compliance Status: Following Jan 2019 Geotech Plan. See various geotechnical reports prepared by GeoSolutions, Inc. City staff reviews for compliance as needed. MM GEO-7. During drought periods, groundwater pumping limitations for the unconsolidated aquifer underlying the Project site shall be assessed and implemented to prevent soil subsidence. The Applicant shall provide annual groundwater pumpage and monitoring reports to the City Public Works Department for the onsite groundwater well. The City Public Works Department shall ensure compliance and implement limitations on groundwater pumping during drought years. Compliance Status: Following Jan 2019 Geotech Plan. See various geotechnical reports prepared by GeoSolutions, Inc. City staff reviews for compliance as needed. Hazards and Hazardous Materials MM HAZ-1. Prior to earthwork and demolition activities, a site-specific Health and Safety Plan shall be developed per California Occupational Safety and Health Administration The Applicant shall submit the Site-specific Health and Safety Plan to the City prior to The City and County shall ensure compliance. An Page 276 of 322 MITIGATION MONITORING AND REPORTING PROGRAM Avila Ranch Development Project 27 Mitigation Measure Plan Requirements & Timing Monitoring/Compliance (Cal/OSHA) requirements. The Health and Safety Plan shall include appropriate best management practices (BMPs) related to the treatment, handling, and disposal of NOA and ACMs. A NOA Construction and Grading Project Form shall be submitted to the APCD prior to grading activities. All construction employees that have the potential to come into co ntact with contaminated building materials and soil/bedrock shall be briefed on the safety plan, including required proper training and use of personal protective equipment. During earthwork and demolition activities, procedures shall be followed to eliminate or minimize construction worker or general public exposure to heavy hydrocarbons and other potential contaminants in soil and groundwater, and potential ACMs within potential demolished materials. Procedures shall include efforts to control fugitive dust, contain and cover excavation debris piles, appropriate laboratory analysis of soil for waste characterization, segregation of contaminated soil from uncontaminated soil, and demolished materials. The applicable regulations associated with excavation, removal, transportation, and disposal of contaminated soil shall be followed (e.g., tarping of trucks and waste manifesting). issuance of grading and building permits, and/or demolition permits. Applicant shall conduct necessary construction employee training prior to construction initiation. Environmental Monitor shall be made available to monitor environmental compliance of the construction activities. The City and County shall also inspect the Project site during construction to ensure compliance with required plans. Compliance Status: Following Health and Safety Plan prepared by Padre Associates, dated July 2020 and offsite Health and Safety Plan dated May 2021. Ongoing. Hydrology and Water Quality MM HYD-1a. Prior to the issuance of any construction/grading permit and/or the commencement of any clearing, grading, or excavation, the Applicant shall submit a Notice of Intent (NOI) for discharge from the Project site to the California SWRCB Storm Water Permit Unit. Prior to issuance of grading permits for Phase 1 the Applicant shall submit a copy of the NOI to the City. The City shall review noticing documentation prior to approval of the grading permit. City monitoring staff will inspect the site during construction for compliance. Compliance Status: WDID for Phase 1 completed; See WDID 3‐40C387863 WDID for Phases 2-6 completed; See WDID 3- 40C399656. Ongoing. MM HYD-1b. The Applicant shall require the building contractor to prepare and submit a Storm Water Pollution Prevention Plan (SWPPP) to the City 45 days prior to the start of work for approval. The contractor is responsible for understanding the State General Perm it and instituting the SWPPP during construction. A SWPPP for site construction shall be developed prior to the initiation of grading and implemented for all construction activity on the Project site in excess of one (1) acre, or where the area of disturba nce is less than one acre but is part of the Project’s plan of development that in total disturbs one or more acres. The SWPPP shall identify potential pollutant sources that may affect the quality of discharges to storm water, and shall include specific BMPs to control the discharge of material from the site. The following BMP methods shall include, but would not be limited to: The Applicant shall prepare a SWPPP that includes the above and any additional required BMPs. The SWPPP and notices shall be submitted for review and approval by the City prior to the issuance of grading permits for Phase 1 construction. The SWPPP shall be designed to address erosion and sediment control during all phases of development of the site until all disturbed areas are permanently stabilized. City monitoring staff shall periodically inspect the during grading to monitor runoff and after conclusion of grading activities. The Applicant shall keep a copy of the SWPPP on the Project site during grading and construction activities. Page 277 of 322 MITIGATION MONITORING AND REPORTING PROGRAM 28 Avila Ranch Development Project Mitigation Measure Plan Requirements & Timing Monitoring/Compliance Temporary detention basins, straw bales, sand bagging, mulching, erosion control blankets, silt fencing, and soil stabilizers shall be used. Soil stockpiles and graded slopes shall be covered after 14 days of inactivity and 24 hours prior to and during inclement weather conditions. Fiber rolls shall be placed along the top of exposed slopes and at the toes of graded areas to reduce surface soil movement, as necessary. A routine monitoring plan shall be implemented to ensure success of all onsite erosion an d sedimentation control measures. Dust control measures shall be implemented to ensure success of all onsite activities to control fugitive dust. Streets surrounding the Project site shall be cleaned daily or as necessary. BMPs shall be strictly followed to prevent spills and discharges of pollutants onsite (material and container storage, proper trash disposal, construction entrances, etc.). Sandbags, or other equivalent techniques, shall be utilized along graded areas to prevent siltation transport to the surrounding areas. Additional BMPs shall be implemented for any fuel storage or fuel handling that could occur onsite during construction. The SWPPP must be prepared in accordance with the guidelines adopted by the SWRCB. The SWPPP shall be submitted to the City along with grading/development plans for review and approval. The Applicant shall file a Notice of Completion for construction of the development, identifying that pollution sources were controlled during the construction of the Project and implementing a closure SWPPP for the site Compliance Status: Completed January 2018. See WDID 3‐40C387863. MM HYD-1c. Installation of the eight drainage outlets within Tank Farm Creek shall occur within the dry season (May through October). The Applicant shall demonstrate compliance within grading and construction plans subject to City review and approval prior to issuance of grading permits for each Project phase. The City shall review grading and construction plans for all phases to ensure compliance. City grading monitors shall spot check for compliance. Compliance Status: See WDID 3‐40C387863. Field verify as needed. MM HYD-2a. The Applicant shall prepare and submit a Master Drainage Plan. The Master Drainage Plan shall address cumulative regional drainage and flooding impacts on the Project site, including construction and stream stability, and set forth measu res to coordinate Project drainage with Chevron Tank Farm remediation and drainage improvements. The Master Drainage Plan shall be implemented pursuant to the City’s SWMP submitted by the City to the RWQCB under the NPDES Phase II program and pursuant to t he programs developed under the City of San Luis Obispo General Plan and the City of San Luis Obispo The Master Drainage Plan shall be submitted to the City Public Works Director and City Natural Resources prior to final Development Plan approval and recordation of the final VTM. The Construction Drainage Plan shall be updated by the Applicant and resubmitted to the City prior to the issuance of grading permits for each Project phase. The City shall review the Master Drainage Plan. The Environmental Monitor shall confirm installation of all drainage, retention, and treatment facilities and monitor effectiveness during and post- storm events. The Page 278 of 322 MITIGATION MONITORING AND REPORTING PROGRAM Avila Ranch Development Project 29 Mitigation Measure Plan Requirements & Timing Monitoring/Compliance Waterways Management Plan. The Master Drainage Plan shall meet the following requirements:  Development of a Construction Drainage Plan that details the con trol and retention of runoff for each phase of construction, and clearly displays the location of bioretention facilities, their retention capacity and relationship to subsurface drainage culverts, alignment of creek and drainage channels for each phase.  Ensure that onsite detention facilities, particularly the pocket park/bioswale, are designed to safely retain flood flows using either gently sloping exterior slopes (e.g., 4:1) or provide safety fencing around perimeters, consistent with applicable City standards.  Characterization of drainage from the East-West Channel and conveyance of flows after removal of this channel.  Demonstrate peak flows and runoff for each phase of construction.  Be coordinated with habitat restoration efforts, including measures to minimize removal of riparian and wetland habitats, contouring of creek invert to create pools and removal of trash or debris as appropriate.  Location and extent of vegetated Swales designed to reduce sediment and particulate forms of metals and other pollutants along corridors of planted grasses or native vegetation.  Location and extent of vegetated Filter Strips, 15 -foot wide vegetated buffer strips that also reduce sediment and particulate forms of metals and nutrients.  The use, location and capacity of Hydrodynamic Separation Products to reduce suspended solids greater than 240 microns, trash and hydrocarbons. These hydrodynamic separators must be sized to handle peak flows from the Project site consistent with applicable regulatory standards. Environmental Monitor shall prepare a brief report for submittal to the City with regarding effectiveness of detention and treatment facilities for each Phase after completion and recommended corrective actions (if required). Compliance Status: Following Sept 2018 Phase 1 Drainage Report prepared by RRM; field verify as needed. MM HYD-2b. The removal of North-South Creek Segment and East-West Channel and realigning the 850-foot segment of Tank Farm Creek shall not be completed until after Chevron Tank Farm property remediation has been completed and only after the existing Tank Farm Creek headwall is decommissioned and a detention pond is created that would lead to the proposed Tank Farm Creek headwall at the northern boundary of the Project site. The Applicant shall complete these realignments and alteration in coordination with the Chevron Tank Farm property remediation. The Master Drainage Plan shall set forth measures to coordinate Project drainage with Chevron Tank Farm remediation and drainage improvements, and shall be submitted to the City Public Works Director and City Natural Resources Manager for approval prior to issuance of grading permits for Phase 3. This measure does not apply to the MPA. The City shall confirm that Chevron Tank Farm property remediation is completed and review the Master Drainage Plan, grading and construction plans for compliance. MM HYD-2c. Offsite drainage from the east that currently flows into the East-West Channel shall be routed into surface detention and treatment facilities and then into subsurface drainage facilities to connect to the proposed drainage outlets into Tank Farm Creek onsite. The Applicant shall demonstrate compliance with measure on the VTM, Utilities Plan, and Master Drainage Plan, which shall be submitted to the City prior to final The City shall review and approve plans prior to Development Plan approval. Page 279 of 322 MITIGATION MONITORING AND REPORTING PROGRAM 30 Avila Ranch Development Project Mitigation Measure Plan Requirements & Timing Monitoring/Compliance The Applicant shall include these plans in the VTM, Utilities Plan, Construction Drainage Plan, and Master Drainage Plan. Development Plan approval and recordation of the final VTM. Construction Drainage Plan shall be updated by the Applicant and resubmitted to the City prior to the onset of development for each phase. This measure does not apply to the MPA. MM HYD-3a. The Applicant shall prepare a Master Drainage Plan which shall consider cumulative regional drainage and flooding impacts of the Project, and shall be submitted to the City Public Works Director for approval and shall meet the following requirements:  There shall be no significant net increase in upstream or downstream floodwater surface elevations for the 100-year floodplain as a result of changes in floodplain configuration and building construction. A significant threshold of a 2.5 -inch increase in floodwater surface elevations or 0.3 feet per second increase in stream velocities shall be used. This shall be demonstrated to the satisfaction of the City Engineer or County Public Works Director based on an Applicant furnished hydraulic analysis.  There shall be no significant net decrease in floodplain storage volume as a result of a new development or redevelopment projects. This can be achieved by a zero-net fill grading plan, which balances all fill placed on the 100-year floodplain with cut taken from other portions of the floodplain within the Project site of the application, or with cut exported offsite. Specifically, all fill placed in a floodplain shall be balanced with an equal amount of soil material removal (cut) and shall not decrease floodplain storage capacity at any stage of a flood (2, 10, 50, or 100 -year event).  A net increase in fill in any floodplain is allowed only when all the conditions listed in the Managed Fill Criteria of the DDM are also met. The Applicant shall demonstrate compliance on the Master Drainage Plan and shall be submitted for review and approval by the City Public Works Director prior to final Development Plan approval and recordation of the final VTM. The City shall review and approve the Master Drainage Plan. The Environmental Monitor shall review field compliance and report any flooding and drainage issues to the City over the 10-year Project construction period. Compliance Status: Following Sept 2018 Phase 1 Drainage Report prepared by RRM; field verify as needed. MM HYD-3b. All bridges, culverts, outfalls, and modifications to the existing creek channels must be designed and constructed in compliance with the City’s Drainage Design Manual and approved by the City Engineer, USACE, CDFW, and Central Coast RWQCB, and must meet city standards and policies. The Applicant shall prepare the Master Drainage Plan, VTM, and Utilities Plan, demonstrating compliance with mitigation, which shall be submitted for review to USACE, CDFW, and Central Coast RWQCB before approval by the City prior to final Development Plan approval and recordation of the final VTM. The City, USACE, CDFW, and Central Coast RWQCB shall check for compliance on plans. The Environmental Monitor shall review field compliance and report issues associated with construction of drainage improvements to the City over the 10-year Project construction period. Compliance Status: Following Sept 2018 Phase 1 Drainage Report prepared by RRM; City verifying as needed through review of improvement plans. Page 280 of 322 MITIGATION MONITORING AND REPORTING PROGRAM Avila Ranch Development Project 31 Mitigation Measure Plan Requirements & Timing Monitoring/Compliance MM HYD-4a. A site-specific, geotechnical investigation shall be completed in areas proposed for HDD. Preliminary geotechnical borings shall be drilled to verify that the proposed depth of HDD is appropriate to avoid frac-outs (i.e., the depth of finest grained sediments and least fractures) and to determine appropriate HDD methods (i.e., appropriate drilling mud mixtures for specific types of sediments). The investigation shall include results from at least three borings, a geologic cross section, a discussion of drilling conditions, and a history and recommendations to prevent frac-outs. Geotechnical investigations shall be made, and a report of findings submitted to the City for approval. Findings shall be incorporated into the final Utilities Plan prior to approval of the final Development Plan and recordation of the final VTM. The City shall review the findings of the geotechnical investigations and final Utilities Plan. Compliance Status: Following Sept 2018 Phase 1 Drainage Report prepared by RRM; City verifying as needed through review of improvement plans. MM HYD-4b. A Frac-out Contingency Plan shall be completed and shall include measures for training, monitoring, worst case scenario evaluation, equipment and materials, agency notification and prevention, containment, clean up, and disposal of released drilling muds. Preventative measures would include incorporation of the recommendations of the geotechnical investigation to determine the most appropriate HDD depth and drilling mud mixture. In accordance with the RWQCB, HDD operations shall occur for non-perennial streams such as Tank Farm Creek only when the stream is dry, and only during daylight hours. In addition, drilling pressures shall be closely monitored so that they do not exceed those needed to penetrate the formation. Monitoring by a minimum of two City -approved monitors (located both upstream and downstream, who will move enough to monitor the entire area of operations) shall occur throughout drilling operations to ensure swift response in the event of a frac-out, while containment shall be accomplished through construction of temporary berms/dikes and use of silt fences, straw bales, absorbent pads, straw wattles, and plastic sheeting. Clean up shall be accomplished with plastic pails, shovels, portable pumps, and vacuum trucks. The Frac-out Contingency Plan shall be submitted to the City, and the RWQCB shall review the plan. The Applicant shall prepare a Frac-out Contingency Plan and submit to the RWQCB for review and the City for approval prior to approval of the final Development Plan and recordation of the final VTM. Two City-approved monitors shall be onsite during HDD drilling activities to monitor construction. Compliance Status: Frac-Out Plan Prepared April 2022 for Phase 1; followed as needed. A Frac‐out report is being drafted for Phase 2‐6 work. This addresses only two locations on project site where boring under creek is needed. Coordinating with project biologist as required. MM HYD-5. A Development Maintenance Manual for the Project shall include detailed procedures for maintenance and operations of any storm water facilities to ensure long -term operation and maintenance of post-construction storm water controls. The maintenance manual shall require that storm water 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 15 th) 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 Development Maintenance Manual shall include the following:  All loading docks and trash storage areas shall be setback a minimum of 150 feet from the top of the creek bank. No outdoor storage or larger trash receptacles shall be The Applicant shall prepare and update the Development Maintenance Manual for each phase of the Project. The City shall review and approve prior to the issuance of the certificate of occupancy for the first unit of each phase. The City shall review for compliance. Compliance Status: P1 Drainage Report (Sept 2018); Prelim Stormwater O&M Plan PH2-6 (May 2022). Page 281 of 322 MITIGATION MONITORING AND REPORTING PROGRAM 32 Avila Ranch Development Project Mitigation Measure Plan Requirements & Timing Monitoring/Compliance permitted within this setback area. All trash and outdoor storage areas shall be operated to reduce potential impacts to riparian areas;  Runoff shall be directed away from trash and loading dock areas;  Trash and loading dock areas shall be screened or walled to minimize offsite transport of trash;  Bins shall be lined or otherwise constructed to reduce leaking of liquid wastes;  Trash and loading dock areas shall be paved;  Impermeable berms, drop inlets, trench catch basin, or overflow containment structures around docks and trash areas shall be installed to minimize the p otential for leaks, spills or wash down water to enter the drainage system and Tank Farm Creek; and,  The developer or acceptable maintenance organization shall complete inspections of the site to ensure compliance with BMPs and water quality requirements o n a semi- annual basis (May 15 and October 15 of each year). A detailed summary report prepared by a licensed Civil Engineer shall be submitted to the City of San Luis Obispo Public Works Department. The requirements for inspection and report submittal shall be recorded against the property. Noise MM NO-1a. 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, as shown in Table 3.9-8 and Table 3.9-9 of the FEIR, 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. At the pre- construction meeting all construction workers shall be briefed on restricted construction hour limitations. A workday schedule shall be adhered to for the duration of construction of all phases. Permit compliance monitoring staff shall perform periodic site inspections to verify compliance with activity schedules and respond to complaints. Compliance Status: Notes included on issued plans & permits. Field verify as needed. MM NO-1b. For all construction activity at the Project site, noise attenuation techniques shall be employed to ensure that noise levels are maintained within levels allowed by the City of San Luis Obispo Municipal Code, Title 9, Chapter 9.12 (Noise Control). Such te chniques 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 a barrier that meets a sound transmission class (a rating of how well noise barriers attenuate sound) of 25. The Applicant shall designate the equipment area with acoustic shielding on building and grading plans. Equipment and shielding shall be installed prior to construction and throughout construction activities. Construction plans shall identify Best Management Practices (BMPs) and be submitted to the City prior to grading and building permit issuance for each Project Phase. BMP’s shall be conveyed to City staff shall ensure compliance throughout all construction phases. Permit compliance monitoring staff shall perform periodic site inspections to verify compliance with activity schedules. Page 282 of 322 MITIGATION MONITORING AND REPORTING PROGRAM Avila Ranch Development Project 33 Mitigation Measure Plan Requirements & Timing Monitoring/Compliance  All diesel equipment shall be operated with closed engine doors and shall be equipped with factory-recommended mufflers.  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. construction workers prior to commencement of construction. Compliance Status: Ongoing. Notes included on issued plans & permits. Field verify as needed. MM NO-1c. The contractor shall inform residents and business operators at properties within 300 feet of the Project site of proposed construction timelines and noise complaint procedures to minimize potential annoyance related to construction noise. Noise-related complaints shall be directed to the City’s Community Development Department. 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 mailing list shall be submitted 10 days prior to initiation of any earth movement. City staff shall ensure compliance throughout all construction phases. Permit compliance monitoring staff shall perform periodic site inspections to verify compliance with activity schedules and respond to complaints. Compliance Status: Ongoing for each phase. Field verify as needed. MM NO-3a. R-1 and R-2 residential units planned in the area of the Project site within 300 feet of Buckley Road and R-4 units in the northwest corner of the Project site shall include noise mitigation for any potential indoor space and outdoor activity areas that are confirmed to be above 60 dBA as indicated in the Project’s Sound Level Assessment. The following sha ll be implemented for residential units with noise levels exceeding 60 dBA:  Outdoor Activity Area Noise Mitigation. Where exterior sound levels exceed CNEL = 60 dBA, noise reduction measures shall be implemented, including but not limited to:  Exterior living spaces of residential units such as yards and patios shall be oriented away from Project boundaries that are adjacent to noise-producing uses that exceed exterior noise levels of CNEL = 60 dBA, such as roadways and industrial/commercial activities.  Construction of additional sound barriers/berms with noise-reducing features for affected residences.  Exterior Glazing. Exterior window glazing for residential units exposed to potential noise above Ldn=60 dBA shall achieve a minimum Outdoor-Indoor Transmission Class (OITC) 24 / Sound Transmission Class (STC) 30. Glazing systems with dissimilar thickness panes shall be used. The Applicant shall demonstrate compliance with mitigation on Project engineering and architectural plans for residential areas within Phase 1 and Phase 5 of development prior to the issuance of grading and building permits for Phases 1 and 5. City staff shall ensure compliance with required site design and noise reduction measures on final Project engineering and architectural plans prior to the issuance of Phase 1 and Phase 5 grading and building permits. Compliance Status: Verified through building plan approvals. Sound studies submitted and measures implemented where required. Sounds walls to be installed in Phase 3 (verify on PIPs) Page 283 of 322 MITIGATION MONITORING AND REPORTING PROGRAM 34 Avila Ranch Development Project Mitigation Measure Plan Requirements & Timing Monitoring/Compliance  Exterior Doors Facing Noise Source. According to Section 1207.7 of the Californ ia Building Code, residential unit entry doors from interior spaces shall have a combined STC 28 rating for any door and frame assemblies. Any balcony and ground floor entry doors located at bedrooms shall have an STC 30 rating. Balconies shall be oriented away from the northwest property line.  Exterior Walls. Construction of exterior walls shall consist of a stucco or engineered building skin system over sheathing, with 4-inch to 6-inch deep metal or wood studs, fiberglass batt insulation in the stud cavity, and one or two layers of 5/8-inch gypsum board on the interior face of the wall. If possible, electrical outlets shall not be installed in exterior walls exposed to noise. If not possible, outlet box pads shall be applied to all electrical boxes and sealed with non-hardening acoustical sealant.  Supplemental Ventilation. According to the California Building Code, supplemental ventilation adhering to OITC/STC recommendations shall be provided for residential units with habitable spaces facing noise levels exceeding Ldn=60 dBA, so that the opening of windows is not necessary to meet ventilation requirements. Supplemental ventilation can also be provided by passive or by fan-powered, ducted air inlets that extend from the building’s rooftop into the units. If installed, ducted air inlets shall be acoustically lined through the top-most 6 feet in length and incorporate one or more 90-degree bends between openings, so as not to compromise the noise insulating performance of the residential unit’s exterior envelo pe.  Sound Walls. Sound walls shall be built on the north and east property lines of the Project in Phase 3 that adjoin Suburban Road. The barrier shall consist of mortared masonry. Further, proposed carports with solar canopies shall be installed around th e western and northern perimeter of the R-4 units, and these units shall be setback a minimum of 100 feet from the property line.  Landscaping. Landscaping along the north and east Project site boundaries that adjoin Suburban Road shall include a line of closely space trees and shrubs with sufficient vegetative density to help reduce sound transmission. Trees to be installed in Phase 3, 4, and 6 where required based on noise levels. Berm has been constructed on south project boundary. MM NO-3b. Buckley Road widening improvements shall include the use of rubberized asphalts or alternative paving technology to reduce noise levels for sensitive receptors near the roadway. Applicant shall demonstrate compliance with mitigation on Project engineering and architectural plans for development prior to construction of the roadway. Plans shall be subject to review and approval by County Public Works staff to ensure feasibility and consistency with established design standards for County roads. City staff shall ensure compliance on Project engineering and architectural plans prior to construction of the Buckley Road Extension. Compliance Status: Shown on Buckley Road widening plans. PIPs approved by SLO County. Public Services Page 284 of 322 MITIGATION MONITORING AND REPORTING PROGRAM Avila Ranch Development Project 35 Mitigation Measure Plan Requirements & Timing Monitoring/Compliance MM PS-1. The Applicant shall prepare and implement a brief Security Plan for the Project site. The Security Plan shall be prepared in consultation with the SLOPD and address public safety concerns in common or public spaces, parks, bike paths and open space areas, the commercial center, and parking lots. The Security Plan shall set forth lighting requirements, security recommendations for parks, open space and trails (e.g., visibility, lighting, etc.), and establish rules for use of the public areas. The Security Plan shall incorporate and address all required and recommended SLOPD security measures and shall be subject to review and approval by the SLOPD. Review and approval of the Security Plan may occur prior to or subsequent to acceptance of the final Development Plan recordation of the final VTM. The Applicant shall demonstrate incorporation of SLOPD recommended security measures into the Development Plan prior to the issuance of grading and construction permits for each phase. The City and SLOPD shall review the final Development Plan, Security Plan, and construction plans for each Project phase to ensure implementation of recommendations. Compliance Status: Security Plan has submitted to City staff for each phase. City to verify status - ongoing. MM PS-2. Fair Share Contribution. The Applicant shall agree to pay a fair share contribution to a future citywide or area-wide fire protection service protection development impact fee program. Additionally, the AASP should be amended to include a fee program to fund the City’s fifth fire station and/or integrate such fair share fee programs into the proposed Community Facilities District (CFD). The City shall review and approve a fee program within the AASP or as part of the CFD to fund the new SLOFD fifth fire station and staffing. The Applicant shall pay development impact fees prior to recordation of the final VTM or enter into a binding written agreement with the City to pay a fee appropriate to the amount and size of Project development based upon the amounts set forth in the new fire protection development impact fee program. The City shall ensure full payment of development impact fees and/or formation of the CFD. Compliance Status: See DA Section 7.10 regarding Interim Fire Station and credits. CFD has been formed and includes Fire funding. Fire development impact fees charged with each building permit. Credits to impact fees provided to developer based on costs of interim fire station construction and land dedication Transportation and Traffic MM TRANS-1. The Applicant shall prepare a Construction Transportation Management Plan for all phases of the proposed Project for review and approval by the City prior to issuance of grading or building permits to address and manage traffic during construction. The Plan shall be designed to:  Prevent traffic impacts on the surrounding roadway network;  Restrict construction staging to within the Project site; The Applicant shall submit the Construction Transportation Management Plan to the City for review and approval prior to issuance of grading or building permits. The Construction Transportation Management Plan shall be updated as needed to reflect changing conditions over the Project’s 10- year construction schedule. The Applicant The City shall ensure compliance with the Construction Transportation Management Plan with periodic inspections of the Project site during construction. Complaints related to construction traffic at the site Page 285 of 322 MITIGATION MONITORING AND REPORTING PROGRAM 36 Avila Ranch Development Project Mitigation Measure Plan Requirements & Timing Monitoring/Compliance  Minimize parking impacts both to public parking and access to private parking to the greatest extent practicable;  Ensure safety for both those construction vehicles and works and the surrounding community; and  Prevent substantial truck traffic through residential neighborhoods. The Construction Transportation Management Plan shall be subject to review and approval by the Public Works Director to ensure that the Plan has been designed in accordance with this mitigation measure. This review shall occur prior to issuance of grading or building permits. It shall, at a minimum, include the following: Ongoing Requirements throughout the Duration of Construction:  A detailed Construction Transportation Management Plan for work zones shall be maintained. At a minimum, this shall include parking and travel lane configurations; warning, regulatory, guide, and directional signag e; and area sidewalks, bicycle lanes, and parking lanes. The Plan shall include specific information regarding the Project’s construction activities that may disrupt normal pedestrian and traffic flow and the measures to address these disruptions. Such Plan shall be reviewed and approved by the Community Development Department and implemented in accordance with this approval.  Work within the public right-of-way shall be reviewed and approved by the City on a case by case basis based on the magnitude and typ e of construction activity. Generally work shall be performed between 8:30 AM and 4:00 PM. This work includes dirt hauling and construction material delivery. Work within the public right-of-way outside of these hours shall only be allowed after the issuance of an after-hours construction permit administered by the Building and Safety Division. Additionally restrictions may be put in place by Public Works Department depending on particular construction activities and conditions.  Streets and equipment shall be cleaned in accordance with established Public Works requirements.  Trucks shall only travel on a City-approved construction route. Limited queuing may occur on the construction site itself.  Materials and equipment shall be minimally visible to the public ; the preferred location for materials is to be onsite, with a minimum amount of materials within a work area in the public right-of-way, subject to a current Use of Public Property Permit.  Provision of off-street parking for construction workers, which may include the use of a remote location with shuttle transport to the site, if determined necessary by the City.  Project Coordination Elements That Shall Be Implemented Prior to Commencement of Construction: shall conduct necessary construction employee training prior to the commencement of construction. The City Public Works Department, Community Development Department, Police Department, and Fire Department, and nearby residences and businesses shall be notified of the construction schedule prior to initiation of construction. The Applicant shall submit individual traffic control plans and part of encroachment permits for work within the public right-of-way. shall be directed to the City Public Works Department. Compliance Status: Phase 1 Construction Transportation Management Plan, prepared by Padre Associates, dated June 2020. Updated plan provided for phases 2-6 has been submitted to city. Developer to continue to maintain contact with Buckley Road property owners. Page 286 of 322 MITIGATION MONITORING AND REPORTING PROGRAM Avila Ranch Development Project 37 Mitigation Measure Plan Requirements & Timing Monitoring/Compliance  The traveling public shall be advised of impending construction activities that may substantially affect key roadways or other facilities (e.g., information signs, portable message signs, media listing/notification, and implementation of an approved Construction Impact Mitigation Plan).  A Use of Public Property Permit, Excavation Permit, Sewer Permit, or Oversize Load Permit, as well as any Caltrans permits required for any construction work requiring encroachment into public rights-of-way, detours, or any other work within the public right-of-way shall be obtained.  Timely notification of construction schedules shall be provided to all affected agencies (e.g., Police Department, Fire Department, Public Works Department, and Community Development Department) and to all owners and residential and commercial tenants of property within a radius of ¼ mile.  Construction work shall be coordinated with affected agencies in advance of start of work. Approvals may take up to two weeks per each submittal. Public Works Department approval of any haul routes for construction materials and equipment deliveries shall be obtained MM TRANS-2a. The Applicant shall create and submit a Transportation Improvement Phasing Plan to the City for review and approval, and shall ensure that construction of the Project follows the sequential phasing order utilized in the TIS for such improvements. The Plan shall address the timing and general design of all on and offsite transportation improvements. The Applicant shall submit a final Transportation Improvement Phasing Plan for each final map development phase of the Project for the City for review and approval prior to recordation of the first final Vesting Tract Map (VTM). The City shall review grading and development plans and offsite transportation improvements for each phase prior approval of permits for each phase. The City shall ensure that construction per phase occurs sequentially through periodic construction monitoring. Compliance Status: Complete. See Transportation Improvement Phasing Plan PH1‐2, and PH3‐6, prepared by RRM, dated February 2019. Document ties offsite mitigation to unit construction and phasing. Transportation Improvement Phasing Plan to be updated to reflect project’s modified phasing build out. Update will be submitted by Developer prior to Phase 5 Final Map recording. MM TRANS-2b. The Applicant shall defer installation of turn restrictions on Vachell Lane/South Higuera Street until the Buckley Road Extension is completed and operational The Transportation Improvement Phasing Plan shall include requirements for the turn restriction to be installed following The City shall verify that the Applicant installs the turn restriction upon completion of Page 287 of 322 MITIGATION MONITORING AND REPORTING PROGRAM 38 Avila Ranch Development Project Mitigation Measure Plan Requirements & Timing Monitoring/Compliance under Phase 2. This measure shall be completed simultaneously with the removal measu res of temporary closures discussed in MM TRANS-2c. completion of Buckley Road Extension. This mitigation has been incorporated into the MPA Project design. the Buckley Road Extension. The City shall confirm this feature is incorporated within Project plans. MM TRANS-2c. As part of Phase 1 development, the Applicant shall initially restrict ingress and egress to only emergency vehicles, transit, bicycles, and pedestrians at the border of the Project site on Venture Drive and at the intersection of Vachell Lane and Earthwood Lane. These measures shall be removed upon the completion of the Buckley Road Extension in Phase 2 and implemented concurrently with those measures required in MM TRANS -2b to allow full access into the subdivision. The Applicant shall work with SLO Transit to establish an interim route in the Project vicinity during Phase 1. The Applicant shall install an interim turn -around location within the Project site or other measures as deemed appropriate by the City to accommodate this interim transit access due to required site access limitations noted above. Prior to recordation of the VTM the Applicant shall submit Public Improvement Plans for review and approval by the City for Phase 1 development that design and incorporate restrictions at Venture Drive and at the intersection of Vachell Lane/Earthwood Lane. Construction of circulation improvements shall be completed and operational prior to occupancy of Phase 1 development but may also need to be completed during construction periods if vehicle intrusion is encountered. The interim transit route and bus turn around location or other measures acceptable by the City shall be installed by the Applicant prior to issuance of the occupancy permit for the first residential unit of Phase 1 development. This mitigation has been incorporated into the MPA Project design. The City shall verify that the Applicant installs the circulation improvements that would allow for interim transit service prior to occupancy of Phase 1 development, and removes them upon completion of Buckley Road Extension in Phase 2. The City shall confirm this feature is incorporated within Project plans. MM TRANS-2d. To remain consistent with proposed bicycle facilities listed in the BTP, the Applicant shall design and construct Class II bicycle lanes that connect to the regional bicycle network along the entire stretch of Vachell Lane, between Buckley Road and South Higuera Street, as part of Phase 1. The City Public Works Department shall ensure improvements meet design standards. Prior to recordation of the final VTM, the Applicant shall submit public improvement plans for review and approval by the City (and as necessary, the County) to install Class II bicycle facilities along Venture Drive from Buckley Road to Higuera Street. Construction of bicycle facilities shall be completed and operational prior to issuance of occupancy permits for the first residential unit of Phase 1 development. This mitigation has been incorporated into the MPA Project design. The City shall verify that the Applicant installs the improvements in accordance to the approved design plans. The City shall confirm this feature is incorporated within Project plans. MM TRANS-2e. The Applicant shall design and construct the Jespersen Road/Horizon Lane connection as part of Phase 4 between Suburban Road and the Project boundary. The City Public Works Department shall ensure improvements meet safety design criteria. Prior to recordation of the final VTM for Phase 4, the Applicant shall submit a public improvement plans for review and approval by the City. Construction of roadway connections to the Project site shall be completed and open to travel no later than The City shall verify that the Applicant installs the improvements in accordance to the approved phase and design plans. The City shall confirm Page 288 of 322 MITIGATION MONITORING AND REPORTING PROGRAM Avila Ranch Development Project 39 Mitigation Measure Plan Requirements & Timing Monitoring/Compliance the issuance of an occupancy permit for the 100th residential unit of Phase 4 development. This mitigation has been incorporated into the MPA Project design. this feature is incorporated within Project plans. MM TRANS-2f. To remain consistent with the BTP and City policies, the Applicant shall design and construct all Buckley Road improvements along the Project frontage, from the Tank Farm Creek Bridge to the eastern site boundary, including but not limited to, the proposed Class I bicycle path, and Class II bicycle lanes on the Buckley Road frontage as part of Phase 4. Prior to recordation of the final map for Phase 4, the Applicant shall submit an improvement plan for the Buckley frontage Class II bicycle lanes and the Buckley Road frontage Class I bicycle path for review and approval by the City and as necessary, the County. These bicycle lanes and the bicycle path shall be completed prior to issuance of the occupancy permit for the 50th unit of Phase 4 development. This mitigation has been incorporated into the MPA Project design. The City shall verify that the Applicant installs the improvements in accordance to the approved design plans The City shall confirm this feature is incorporated within Project plans. MM TRANS-3a. Project roadway and driveway design shall be reviewed and approved by the City to ensure compliance with City engineering standards and not conflict with intersection functional areas (e.g., aligning driveways on opposite sides of the roadway, position driveways as far upstream from intersections as possible). Prior to recordation of the final VTM the Applicant shall submit a final roadway design plan to the City for review and approval that demonstrates compliance with City roadway design standards and access management requirements. The City shall review Project, development and grading plans for each phase of the Project The City shall conduct periodic inspections of the Project site during construction to ensure compliance. Compliance Status: Complete with Phase 1 and 2/3. See approved Phase 1 and Phase 2/3 Improvement Plans. Verify with future phases MM TRANS-3b. The Applicant shall install traffic calming measures (e.g., speed bumps, pedestrian bulb-outs, etc.) to control speed levels along internal roadways of the Project site, including the extensions of Venture Drive, Horizon Lane, and Jespersen Road as required by Policy 8.1.3. The Applicant shall submit public improvement plans to the City for review and approval prior to recordation of the final VTM, to ensure roadway design meets City standards and adequate traffic calming features are installed to meet City requirements. The City shall review and approve the final VTM and public improvement plans to ensure these plans are consistent with City standards. The City shall ensure compliance with the design plan with periodic inspections of the Project site during construction. Page 289 of 322 MITIGATION MONITORING AND REPORTING PROGRAM 40 Avila Ranch Development Project Mitigation Measure Plan Requirements & Timing Monitoring/Compliance Compliance Status: Satisfied through Phase 1. PIPs for subsequent phases will be reviewed for compliance. MM TRANS-4. The Applicant shall prepare an improvement plan for Horizon Lane, Earthwood Lane, and Suburban Road, including roadway, bicycle, and pedestrian improvements. Improvements shall be constructed by the Applicant in coordination with the phasing plan required by MM TRANS-2a, to ensure the Applicant constructs all offsite roadway improvements in a timely manner consistent with Project phasing. The Project Applicant shall:  Prepare a detailed improvement plan for Horizon Lane to bring this road into conformance with City standards for a commercial collector of width between 44 to 60 feet from Suburban Road to the Project boundary. This plan shall be developed in coordination with adjacent property owners and the City Public Works Department. Horizon Lane shall not be connected to the Project site until such a plan has been completed and improvements are completed in accordance with the phasing plan, as part of Phase 4. The section of Horizon Lane/Jespersen Road from the Project boundary to Buckley Road shall be designated as a residential collector with a width of roadway between 40 and 60 feet. Per MM TRANS-2e, construction of the Horizon Road from Suburban Road to Phase 4 of the Project shall be completed and open to travel prior to the issuance of any occupancy permit for the 100th residential unit of Phase 4 development.  Design and improve the intersection of Horizon Lane/Suburban Road to be consistent with City Uniform Design Criteria and Municipal Code Standards.  Coordinate with the property owners along Earthwood Lane and City staff to complete the Earthwood Lane Extension to the Project site as part Phase 1. Earthwood Lane shall be developed to full City standards for a residential collector. Residential collectors shall be 44 to 60 feet wide as required by the City’s Uniform Design Criteria.  Coordinate with the property owners along Suburban Road and City staff to prepare a detailed improvement plan for Suburban Road to bring this road into conformance with City standards. This plan shall address widening of substandard sections near the east end of this roadway, completion of missing sidewalk segments, installation of street trees, pedestrian crossings (e.g., Suburban Road at Earthwood Lane). In accordance to the City’s Engineering Standards and Specifications – Uniform Design Criteria, a commercial collector road shall be 44 to 68 feet wide to effectively serve commercial and industrial uses. Improvements from Earthwood Lane to Higuera Street shall be done as part of Phase 1. Improvements from Earthwood Lane to The Applicant shall submit public improvement plans for Horizon Lane, Earthwood Lane, and Suburban Road, to the City for review and approval prior to the recordation of the final map for each respective phase as required in the mitigation measure. The plan shall be subject to review and approval by the City with improvements required to be completed to occupancy in each phase. The City shall ensure compliance with the design plan with periodic inspections of the Project site during construction. Compliance Status: Horizon Lane & Suburban shall be addressed in the Phase 4 Improvement Plans Earthwood approved with Phase 1 PIPs. See Transportation Improvement Phasing Plan PH1‐2, and PH3‐6, prepared by RRM, dated February 2019 Page 290 of 322 MITIGATION MONITORING AND REPORTING PROGRAM Avila Ranch Development Project 41 Mitigation Measure Plan Requirements & Timing Monitoring/Compliance Horizon Lane shall be done as part of Phase 4 development, prior to the connection of Horizon Lane with the Project site.  Prepare a detailed phasing plan that identifies reasonable timing of such improvements for Suburban Road, Horizon Lane, and Earthwood Lane. The phasing plan shall be developed in close coordination with City staff. Per MM TRANS 2e, Construction of the Suburban Road improvements from Horizon Road from Earthwood shall be completed and open to travel prior to issuance of an occupancy permit for the 100th residential unit of Phase 4 development. The Suburban Road improvement from Earthwood to Higuera and the Earthwood improvements on the Project site and between the Project and Suburban shall be completed prior to issuance of the occupancy permit for the 1st dwelling unit. MM TRANS-5. The Applicant shall pay a pro-rata fair share fee to fund the installation of a roundabout at the Buckley Road/SR 227 intersection as identified in the SLOCOG SR 227 Operations Study. The City shall collect the fair share fee and coordinate payment of Project fair share fees to help fund improvements with the County. Alternatively, the City should consider an amendment of the AASP impact fee program to establish a new areawide fee to help fund improvements to the intersection to offset cumulative development impacts. If an amended AASP fee is created by the City it will suffice as appropriate mitigation for the Project’s participation in these improvements. A fair share mitigation fee for improvements shall be paid to the Project prior to final VTM recordation. If the City amends the AASP impact fee program to include improvements to the intersections of Buckley Road/SR 227, the Applicant shall pay the impact fees prior to issuance of a building permit for each unit. The City shall verify the inclusion of the fee program within the AASP shall collect the pro-rated fee. Compliance Status: Complete - AR paid fair share fee to County w/ Phase 1 Map. MM TRANS-6. The Applicant shall design and construct the extension of the northbound right turn-lane at the South Street/Higuera Street intersection, to provide more storage capacity. Prior to recordation of the final VTM for Phase 1, the Applicant shall submit public improvement plans for review and approval by the City for the extension of the northbound right turn lane from Higuera to South. These improvements may be eligible for credits for Project payments of the Citywide TIF program. Construction of roadway improvements shall be completed and operational prior to the issuance of occupancy permits for the first residential unit for Phase 1 development. The City shall verify that the Applicant installs the improvements in accordance to the approved design plans. Compliance Status: Complete. MM TRANS-7a. The Applicant shall design and construct a second northbound left -turn lane at the intersection of South Higuera Street/Prado Road. The Applicant shall also pay a fair share fee for the widening of Prado Road Creek Bridge west of South Higuera Street by participating in the citywide transportation impact fee program. As part of Phase 1 development, the Applicant shall submit public improvement plans that details improvement to South Higuera Street/Prado Road intersection for review and approval by the City. These improvements are part of the AASP financing plan and may be eligible for fee credits or reimbursements. Construction of The City shall verify that the Applicant installs the improvements in accordance to the approved design plans and pays its fair share fee for the widening of Prado Road Creek Bridge. Page 291 of 322 MITIGATION MONITORING AND REPORTING PROGRAM 42 Avila Ranch Development Project Mitigation Measure Plan Requirements & Timing Monitoring/Compliance these improvements shall occur only after completion of the City widening of the Prado Road Creek Bridge. Construction of roadway improvements shall be completed and operational prior to the issuance of an occupancy permit for the first residential unit of Phase 1 development. However, if the SLO Creek Bridge widening project has been delayed, the Public Works Director shall have the authority to defer these improvements until that work can be completed. The City may also undertake this intersection improvement as a capital improvement project. In that event, the mitigation measure shall be satisfied when the improvement is programmed in the City’s multi-year Capital Improvement Plan and Financial Plan. Compliance Status: Satisfied through Citywide TIF payment. MM TRANS-7b. The Applicant shall design and construct a second southbound left -turn lane at the Tank Farm Road/South Higuera Street intersection. As part of Phase 1 development, the Applicant shall submit public improvement plans for construction of a second southbound left-turn lane at the Tank Farm Road/South Higuera Street intersection for review and approval by the City. These improvements are part of the AASP financing plan and may be eligible for fee credits or reimbursements. Construction of roadway improvements shall be completed and operational prior to the issuance of an occupancy permit for the first residential unit of Phase 1 development. The City shall verify that the Applicant installs the improvements in accordance with approved design plans. Compliance Status: Complete. MM TRANS-7c. The Applicant shall design and install the restriping of Suburban Road to extend the length of the westbound left- and right-turn lane at the Suburban Road/South Higuera Street intersection. Prior to acceptance of the recordation of the final VTM for Phase 1, the Applicant shall submit public improvement plans to address improvements to the Suburban Road and South Higuera Street intersection for review and approval by the City. Construction of roadway improvements shall be completed and operational prior to the issuance of occupancy permits the first unit of Phase 1 development. This mitigation has been incorporated into the MPA Project design. The City shall verify that the Applicant installs the improvements in accordance to the approved design plans. The City shall confirm this feature is incorporated within Project plans. Page 292 of 322 MITIGATION MONITORING AND REPORTING PROGRAM Avila Ranch Development Project 43 Mitigation Measure Plan Requirements & Timing Monitoring/Compliance MM TRANS-7d. In coordination with the opening of the Buckley Road Extension as part of Phase 2, the Applicant shall design and install measures to restrict left turns into and out of the Vachell Lane/South Higuera Street intersection. Prior to recordation of the fina l VTM, the Applicant shall submit public improvement plans to address improvements to the Vachell Lane and South Higuera Street intersection for review and approval by the City. Construction of roadway improvements shall be completed and operational prior to issuance of occupancy permits for the first residential unit of Phase 2 Project development. This mitigation has been incorporated into the MPA Project design. The City shall verify that the Applicant installs the improvements in accordance to the approved design plans. The City shall confirm this feature is incorporated within Project plans. MM TRANS-8a. The Project is located within the Los Osos Valley Road interchange Sub Area fee program, and, as such, the Applicant shall pay the Los Osos Valley Roa d subarea fee, for the cost of reconstructing the Los Osos Valley Road/U.S. Highway 101 interchange project and improvements along Los Osos Valley Road. The fee shall be associated with the number of dwelling units and the square footage of commercial development in the Project site and shall be paid the time of building permit issuance . The Los Osos Valley Road fee program requires payment of fees prior to each building permit issuance. The Applicants shall pay the Los Osos Valley Road subarea fee prior to issuance of permits for all units. The City shall verify the Applicant has contributed its fair share payment and ensure adequate funding is collected for the improvements. Compliance Status: Ongoing w/ each building permit. MM TRANS-8b. In coordination with the Applicant, the City shall retime the traffic signal at Los Osos Valley Road/South Higuera Street intersection and installation of signage at the South Higuera Street/Buckley Road intersection (terminus of the Buckley Road Extension) to inform drivers of additional access to U.S. Highway 101 at Ontario Road. The City Public Works Department shall ensure the improvements and signage meet safety criteria. Prior to recordation of the final VTM for Phase 2, the Applicant shall submit public improvement plans for review and approval by the City, which addresses retiming of the traffic signal. Construction of roadway improvements and signage installation at Buckley Road shall be completed and operational prior to the issuance of occupancy permits for the first residence of Phase 2 development. The City shall verify that the Applicant installs the improvements in accordance to the approved design plans. Compliance Status: In progress MM TRANS-10a. The Applicant shall design and construct ADA-compliant sidewalks and ADA ramps on the east side of South Higuera Street to provide continuous paths of travel from the City limit line to Los Osos Valley Road. Prior to recordation of the final VTM, the Applicant shall submit a public improvement plans for sidewalk improvements along South Higuera Street for review and approval by the City. Construction of pedestrian improvements shall be completed and operational prior to the issuance of an occupancy permits for Phase 2 development. The City shall verify that the Applicant installs the improvements in accordance to the approved design plans. Compliance Status: Construction required prior to Phase 2. Complete. Page 293 of 322 MITIGATION MONITORING AND REPORTING PROGRAM 44 Avila Ranch Development Project Mitigation Measure Plan Requirements & Timing Monitoring/Compliance MM TRANS-10b. The Applicant shall design and construct continuous sidewalks along the east side of South Higuera Street from Vachell Lane to Los Osos Valley Road including ADA ramps at the Vachell Lane and South Higuera Street intersection, as illustrated in Figure 3.12-6 in the FEIR. Prior to recordation of the final VTM for Phase 1, the Applicant shall submit public improvement plans for review and approval by the City. Construction of pedestrian improvements shall be completed and operational prior to the issuance of an occupancy permit for the first residence of Phase 1 development. The City shall verify that the Applicant installs the improvements in accordance to the approved design plans. Compliance Status: Complete. MM TRANS-10c. The Applicant shall design and construct continuous ADA-compliant sidewalks and ADA ramps along the south side of Suburban Road from South Higuera Street to Earthwood Lane. A receiving ramp shall be installed on the north side of Suburban Road at Earthwood Lane. Prior to recordation of the final VTM for Phase 1, the Applicant shall submit public improvement plans for review and approval by the City. Construction of pedestrian improvements shall be completed and operational prior to the issuance of an occupancy permit for the first residence of Phase 1 development. The City shall verify that the Applicant installs the improvements in accordance to the approved design plans. Compliance Status: Complete. MM TRANS-11. The Applicant shall construct two (2) separated bicycle bridges on each side of Buckley Road at Tank Farm Creek and provide connections to Buckley Road so as to provide continuous and safe bicycle routing along Buckley Road. These sections of roadway and creek crossings are under the jurisdiction of the County and would need to meet both City and County design standards to the greatest extent feasible and are subject to approval of the City’s Public Works Director. Prior to recordation of the final VTM for Phase 2, the Applicant shall submit a Public Improvement Plan for the Buckley Road Class II bicycle lanes and the separated bicycle bridges across Tank Farm Creek. These improvements shall occur concurrently with the extension of Buckley Road to South Higuera Street during Phase 2. The City shall verify that the Applicant has modified the Project design to be in accordance with the BTP and the AASP. Compliance Status: North bridge required prior to Phase 2 occupancy. Shown on Phase 2 PIPs South bridge to be constructed with Buckley widening and bicycle lanes in Phase 4 (deferred by EIR addendum) MM TRANS-12. The Applicant shall coordinate with SLO Transit to ensure that adequate service would be provide to the two proposed bus stops and Project area. The bus stops shall be constructed by the Applicant within the respective pha se’s development area. To assure adequate service is provided to the two new bus stops onsite, the Applicant shall pay for and install any physical improvements to Earthwood Lane and Suburban Road needed to accommodate future service to the site. In addition, the proposed transit service onsite shall meet standards stated in Policy 3.1.6, Service Standards. Prior to issuance of an occupancy permit for the 50th residence of Phase 1 development, the Applicant shall ensure adequate transit service would be available for the Project site. The City shall verify that the Applicant ensures adequate transit service for the Project site. Compliance Status: Phase 1 bus turnout complete; Phase 6 turnout pending. Page 294 of 322 MITIGATION MONITORING AND REPORTING PROGRAM Avila Ranch Development Project 45 Mitigation Measure Plan Requirements & Timing Monitoring/Compliance MM TRANS-13. The City shall amend the Citywide TIF to include a fee program for the installation of a second southbound right-turn lane at the Los Osos Valley Road/South Higuera Street intersection, or create a separate mitigation fee for this purpose. The Applicant shall pay its fair share of the improvement costs through the payment of the Citywide TIF of the ad hoc mitigation fees, as appropriate, to the City prior to issuance of building permits. If at the time of building permit issuance the City has not amended the Citywide TIF to include the extension of the southbound right turn lane from Higuera to Los Osos Valley Road, the City shall establish an ad hoc fee program for that purpose. The Applicant will pay its fair share of the improvement by payment of the amended Citywide TIP for the ad hoc fee. The City shall verify that the Project has paid its fees at the time of building permit issuance. Compliance Status: Satisfied through Citywide TIF payment. MM TRANS-14. If approved by City Council, the City shall amend the TIF, or some other fee program, to include a fee program for the installation of a Class I bicycle path from Buckley Road/South Higuera Street intersection to Los Osos Valley Road/U.S. Highway 101 southbound ramps intersection, connecting to the Bob Jones Trail. The Applicant shall pay its fair share fee to fund the improvement through the adopted fee program. Alternatively, the City may establish a special or ad hoc mitigation fee program to fund the Project’s share of these improvements. The City shall include this improvement in the updated Citywide TIF. The Applicant shall pay its fair share fees to the City prior to issuance of an occupancy permit for the first residential unit of each phase of development. If at the time of building permit issuance the City has not amended the Project into the TIF program, the Applicant will be required to pay fare share funding for the project through an ad hoc fee to be paid prior to receiving building permits. The City shall verify payment of fair share fees to install the improvement in accordance with the BTP and City requirements. Compliance Status: Satisfied through Citywide TIF payment. MM TRANS-15a. The Applicant shall pay its fair share fee to the City to fund the widening of the Prado Road/South Higuera Street intersection to acc ommodate a dual left-turn lane, dual thru-lanes, and a right-turn lane on all approaches. Part of this share may be contained within existing fee programs or ultimately incorporated into the Citywide TIF program. If amended into the Citywide TIF an impact fee program, payment of those fees will address project impacts. Unless incorporated into the Citywide TIF program the Applicant shall pay its fair share fees to the City prior to issuance of building permits. The mitigation fee shall be determined by the City prior to VTM recordation and will be adjusted annually for CPI until final building permits are complete. Alternatively, the Applicant could pay the full fee as part of Final map recordation for each phase of development. The City shall verify that adequate funding is collected to install these improvements. Compliance Status: Satisfied through Citywide TIF payment. MM TRANS-15b. The Applicant shall pay its fair share mitigation fees to fund improvements to the intersection of Higuera/Tank Farm Road to provide: 1) extension of the northbound right-turn lane, 2) the installation of a “pork chop” island to assist pedestrian crossings, and 3) widening on the south side of Tank Farm to provide a slip lane for right turning traffic. The City should consider incorporating this improvement into the AASP Fee program. The mitigation fee shall be determined by the City prior to VTM recordation and will be adjusted annually for CPI until final building permits are complete. Alternatively, the Applicant could pay the full fee as part of final map recordation for each phase of development. If the City amends the AASP program to include this improvement, the Applicant shall the AASP subarea fee program to mitigate this impact. The City shall verify that adequate funding is collect to install these improvements. Compliance Status: Satisfied through Citywide TIF payment. Page 295 of 322 MITIGATION MONITORING AND REPORTING PROGRAM 46 Avila Ranch Development Project Mitigation Measure Plan Requirements & Timing Monitoring/Compliance MM TRANS-15c. The City shall review the cross sections for improvements to Tank Farm Road/Horizon Lane intersection as proposed within AASP to ensur e long-term geometrics meet the objectives of the General Plan. The Applicant shall pay fair share mitigation fees to fund the installation of an additional northbound right-turn lane or a roundabout at the Tank Farm Road/Horizon Lane intersection. The City should consider incorporating this improvement into the AASP fee program. The mitigation fee shall be determined by the City prior to VTM recordation and will be adjusted annually for CPI until final building permits are complete. Alternatively, the Applicant could pay the full fee as part of final map recordation for each phase of development. If the City amends the AASP program to include this improvement, the Applicant shall pay the AASP subarea fee program to mitigate this impact. The City shall verify that adequate funding is collected for these improvements. Compliance Status: Satisfied through Citywide TIF payment. MM TRANS-15d. The Applicant shall pay its fair share fees to fund the installation of a traffic signal or a single-lane roundabout at the Buckley Road/Vachell Lane intersection. While not required, this work may be implemented as part of the Buckley Road extension being installed as part of Phase 2 of the Project. The City should consider incorporating this improvement into the AASP fee program. The mitigation fee shall be determined by the City prior to VTM recordation and will be adjusted annually for CPI until final building permits are complete. Alternatively, the Applicant could pay the full fee as part of final map recordation for each phase of development. If the City amends the AASP program to include this improvement, the Applicant shall pay the AASP subarea fee program to mitigate this impact. The City shall verify that adequate funding is collected for the improvement. Compliance Status: Weighted portion of fee paid with each phase. Phase 1 and Phase 2/3 share was paid prior to Final Map recordation, and included payment of 20 density bonus units. Utilities MM UT-2. The size, location, and alignment of all on- and offsite water, wastewater, and energy infrastructure offsite shall be subject to review and approval by the City’s Public Works and Utilities Departments. The Applicant shall be responsible for constructing all required onsite and offsite utility improvements and well as for repaving of damaged roadways. The Applicant is required to implement the above standard mitigation measures prior to Development Plan or permit approval. City staff shall ensure the above measures are incorporated into the Development Plan and building plans prior acceptance of the final Development Plan and recordation of the final VTM. City staff shall ensure measures are on plans. City staff can work with the Applicant to ensure that these strategies are implemented. Compliance Status: City verifying as needed through review of improvement plans. Page 296 of 322 Item 6j Department: Community Development Cost Center: 4007 For Agenda of: 7/21/2026 Placement: Consent Estimated Time: N/A FROM: Timmi Tway, Community Development Director Prepared By: Ethan Estrada, Assistant Planner SUBJECT: CONSIDER PARTICIPATING IN THE URBAN COUNTY OF SAN LUIS OBISPO, OVERSEEN BY THE COUNTY OF SAN LUIS OBISPO, FOR THE 2027-2029 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM CYCLES RECOMMENDATION 1. Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, Approving the Participation in the San Luis Obispo Region Urban County, Overseen by the County of San Luis Obispo, for the 2027 -2029 Community Development Block Grant Federal Program Cycles” (Attachment A); and 2. Authorize the City Manager to sign the 2027-2029 Cooperation Agreement to participate in the San Luis Obispo Region Urban County (Attachment C). POLICY CONTEXT The recommendation to participate in the 2027 -2029 Urban County for the Community Development Block Grant program is consistent with the Major City Goals for Housing and Homelessness Response, specifically Housing and Neighborhood Livability – Healthy, Safe, and Affordable Task 21 and the Homelessness Response goal to Collaborate with Partners to Prevent and Reduce Homelessness. Annual Community Development Block Grant (CDBG) funding provides vital support for local service providers, which aligns with the City’s Homelessness Response Strategic Plan, including the following Regional Collaboration and Engagement objective: Work collaboratively with the County’s Homeless Services Division to establish and support regional priorities, equitable and transparent allocation of resources, and to implement strategies in alignment with shared regional goals. 1 Housing and Neighborhood Livability – Healthy, Safe, and Affordable Task 2: “Promote the expansion and diversification of housing opportunities for all.” Page 297 of 322 Item 6j Additionally, participation in this agreement is consistent with policies provided in the City’s Housing Element, including: HE Policy 2.4: Encourage housing production for all financial strata of the City’s population, as allocated in the Regional Housing Needs Allocation, for the 6th cycle planning period. The number of units per income category are: extremely low and very low income, 825 units; low income, 520 units; moderate income, 604 units; and above moderate income, 1,405 units. HE Policy 8.1: Encourage housing development that meets a variety of special needs, including large families, single parents, disabled persons, the elderly, students, veterans, farmworkers, the homeless, or those seeking congregate care, group housing, single - room occupancy, or cohousing accommodations, u tilizing universal design. DISCUSSION Background Currently, the City, as well as Arroyo Grande, Atascadero, Morro Bay, Paso Robles, Pismo Beach, and the unincorporated areas of the County San Luis Obispo (“County”), are members of the Urban County for the 2024-2026 Cooperation Agreement term. Under this current agreement, the City’s participation in the Urban County will continue until June 30, 2027. The benefits of participating as a member are described in more detail in the next section below. On June 8, 2026, the County issued a letter to all eligible jurisdictions regarding participation in the Urban County for the 2027 -2029 Cooperation Agreement (“Agreement”) term that will encompass the 2027 -2028, 2028-2029, and 2029-2030 CDBG program cycles (Attachment B). The letter informed City staff that U.S. Department of Housing and Urban Development (HUD) reduced the timeline2 provided for jurisdictions to prepare their agreements. To comply with this new timeline, the County has proposed a restructuring of this process into two phases. Phase 1 includes the a pproval of a simplified version of the Agreement (Attachment C) that only includes the federally mandated components (discussed further below); Phase 2 includes the creation of individual Memoranda of Understanding (MOU) between each of the participating jurisdictions and the County to outline all other operational details. The County intends for these MOUs to be finalized by Fall 2027. Staff will bring the MOU before Council for final approval before submittal to the County. To continue participating in the Urban County, the legislative body of the jurisdiction must adopt a resolution approving the execution of the Agreement (Phase 1) that sets the terms and requirements of participation (Attachment C). The term of the Agreement is for a period of three CDBG program cycles commencing July 1, 2027, and ending on June 30, 2029. Upon execution of the Agreement, neither the County nor the City may terminate, withdraw, or be removed from the program during the three-year program period. 2 In the invitation to participate (Attachment B) the County provided a timeline stipulating that a resolution to adopt the Agreement must be submitted to the County by July 19. The County has been notified that the City would not be able to provide a resolution by that date and that staff will provide them with one as soon as possible. The County is agreeable on this matter. Page 298 of 322 Item 6j Benefits of Participating in the Urban County The Urban County has enabled participating jurisdictions to maximize the grant funds available, as HUD is able to disperse funds directly to the Urban County. The County, via the Urban County, is then able to disperse these funds to p articipants via formula-based allocations. Without this system, the City would have to compete for CDBG funding at the state level, would not be guaranteed a consistent annual CDBG allocation, and if granted funding at the state level, would be responsible for extensive administrative duties and reporting requirements. The County provides administrative support to the City’s CDBG program as a benefit of participating in the Urban County. County staff are a liaison with HUD and are responsible for:  Federal environmental reviews (NEPA)  Labor compliance, Section 3, and IDIS3 reporting  Procurement oversight  Administering funds to and monitoring of sub -recipients  Community needs assessment  Fair housing compliance Additionally, the City establishes its own CDBG funding priorities. Given that these priorities and recommendations are consistent with HUD’s CBDG regulations, the City is able to allocate CDBG funds to recipients of its choosing. The City has received a total of $1,476,814 in CDBG grant funding within the 2024 -2025, 2025-2026, and 2026-2027 CDBG program cycles combined. A majority of these funds have been allocated to affordable housing projects and community partners who provide supportive housing services (e.g., 1422 Monterey Street, Prado Homeless Services Center, etc.). Changes to the Cooperation Agreement Structure Due to the two-phased process discussed above, starting with the 2027-2029 program cycle, the Agreement has been adjusted to only include the federally mandated components that HUD requires. In previous years, these components, as well as other operational details such as the allocation of administrative funds, were all included within the Cooperation Agreement. However, this year, following execution of the Agreement, participating jurisdictions will establish MOUs with the County to finalize all other operational details (e.g., allocation of admin funds, responsibilities of parties, public services costs, conflict resolution, etc.). Doing so allows the Urban County to remain in compliance with HUD timelines and provides participating jurisdictions and the County increased flexibility to modify these details when needed, rather than locking these details into a Cooperation Agreement that can only be modified every three years. 3 Integrated Disbursement and Information System (IDIS) – HUD’s centralized online database used to track and report on CDBG funding and accomplishments. Page 299 of 322 Item 6j Public Engagement This item has been noticed in compliance with the City’s notification requirements, as a part of the July 21, 2026, City Council Meeting Agenda. The public has the opportunity to comment on the item at and / or before the meeting. In addition, as a part of the CDBG process, public hearings are held annually to establish funding priorities, to prepare the Human Relations Committee’s funding recommendations, and Council’s final approval of CDBG funding allocations. CONCURRENCE The Community Development Department, City Manager, and City Attorney’s Office have reviewed the new Cooperation Agreement presented by the County of San Luis Obispo. ENVIRONMENTAL REVIEW The California Environmental Quality Act (CEQA) does not apply to the recommended action in this report, as the action does not constitute a “Project” under CEQA Guidelines Section 15378. FISCAL IMPACT Budgeted: Yes Budget Year: 2027-29 Funding Identified: No Fiscal Analysis: Funding Sources Total Budget Available Current Funding Request Remaining Balance Annual Ongoing Cost General Fund $ N/A State Federal Fees Other: Total $N/A There is no direct fiscal impact from the recommended actions. Costs to administer the CDBG program will be funded through the grant itself. CDBG funds received under the program provide an outside source of funding for affordable housing and social service programs that would otherwise not be funded or would draw fu nding from other priority City programs, services, and financial sources. Page 300 of 322 Item 6j ALTERNATIVES 1. Elect to not participate in the 2027-2029 Urban County. Should Council pursue this option, the City would have to compete for CDBG funds at the state level, likely receiving less than it would have through the Urban County if awarded any funding at all. Additionally, opting out of this Cooperation Agreement would result in increased program administrative costs. 2. Elect to participate in the 2027-2029 Urban County but alter the Cooperation Agreement. Should Council pursue this option, any requested changes would have to be compliant with HUD requirements. Additionally, due to the restricted HUD timeline, any such altered Cooperation Agreement would require immediate Council approval. ATTACHMENTS A - Draft Resolution approving participation in the 2027-2029 CDBG Federal Program B - Invitation to Participate in 2027-2029 Urban County C - Draft City of San Luis Obispo 2027-2029 Cooperation Agreement Page 301 of 322 Page 302 of 322 R ______ RESOLUTION NO. _____ (2026 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, APPROVING THE PARTICIPATION IN THE SAN LUIS OBISPO REGION URBAN COUNTY, OVERSEEN BY THE COUNTY OF SAN LUIS OBISPO, FOR THE 2027-2029 COMMUNITY DEVELOPMENT BLOCK GRANT FEDERAL PROGRAM CYCLES WHEREAS, the County of San Luis Obispo (“County”), a political su bdivision of the State of California, and the City of San Luis Obispo (“City”), a municipal corporation, desire to participate in the Community Development Block Grant (CDBG) Program administered by the U.S. Department of Housing and Urban Development (HUD); and WHEREAS, said program will promote the public health, safety, and welfare by providing grant funds to be used by the City and County (“parties”) to improve housing opportunities for low- and moderate-income households, to encourage economic reinvestment, to improve community facilities and public services, and to provide other housing-related facilities or services; and WHEREAS, HUD requires that the parties enter into a cooperation agreement to define their rights and obligations as a prerequisite of participation in the CDBG Program; and WHEREAS, the City desires to continue its participation for the upcoming 2027 - 2029 Community Development Block Grant federal program cycles. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that: SECTION 1. Findings. Based upon all the evidence, the City Council makes the following findings: a) The proposed Cooperation Agreement is consistent with the General Plan and with City and County policies encouraging cooperation between agencies on issues of regional significance such as affordable housing and public services. b) The proposed Cooperation Agreement will promote the public health, safety, and welfare by enabling the City and County to participate in HUD’s Urban County entitlement program, thus making funds available for a variety of housing projects, economic development, and public service programs not otherwise possible or available. c) The City and County will enter into a Memorandum of Understanding that will establish administrative policies and procedures, performance standards, funding schedules, project descriptions and funding, and guidelines for CDBG program implementation. Page 303 of 322 Resolution No. _____ (2026 Series) Page 2 R ______ SECTION 2. Environmental Determination. Participation in the San Luis Obispo region urban county does not constitute a project, as defined in California Environmental Quality Act (CEQA) Guidelines § 15378, and is not subject to environmental review. SECTION 3. Action. The City Council does hereby authorize the City Manager to sign the Urban County Cooperation Agreement with the County to enable continued joint participation in the Urban County CDBG program administered by HUD for fiscal years 2027-2029. SECTION 4. Community Development Director Authority. The Community Development Director is hereby authorized to act on behalf of the City in connection with the implementation of the agreement, on -going operation of the CDBG program, and all other activities necessary to carry out the agreement, including execution of the Cooperation Agreement and the associated Memorandum of Understanding thereto. 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 _______________ 2026. ___________________________ Mayor Erica A. Stewart ATTEST: Page 304 of 322 Resolution No. _____ (2026 Series) Page 3 R ______ ______________________ Teresa Purrington City Clerk APPROVED AS TO FORM: ______________________ J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on ______________________. ___________________________ Teresa Purrington City Clerk Page 305 of 322 Page 306 of 322 COUNTY OF SAN LUIS OBISPO DEPARTMENT OF SOCIAL SERVICES Homeless Services Division Devin Drake Director Linda Belch Deputy Director ____________________________________________________________________________________________________________________ __________________________________________________________________________________ County of San Luis Obispo Department of Social Services P.O. BOX 8119, San Luis Obispo, CA 93403-8119 | (P) 1-805-788-9491 | (F) 805-788-2457 | slocounty.ca.gov/dss June 8, 2026 Whitney McDonald, City Manager City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 934201 Subject: Urban County Participation Decision Letter Dear Ms. McDonald, Thank you for the City of San Luis Obispo’s continued participation in the Urban County of San Luis Obispo (“Urban County”) and for your partnership in delivering critical community development and housing programs. We are writing to invite the City to participate in the Urban County for the upcoming 2027–2029 Cooperation Agreement term. Under the City’s current 2024–2026 Cooperation Agreement, participation will continue through June 30, 2027. To ensure uninterrupted eligibility for U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) entitlement funds, participating jurisdictions must execute a new Cooperation Agreement for the next three-year cycle. Participation Requirements for the 2027–2029 Term To confirm the City’s participation in the Urban County for fiscal years 2027–2028, 2028–2029, and 2029– 2030, please complete the following steps: 1. Submit an official letter to the County stating the City’s intent to participate. • Email to Marge Castle at mrcastle@co.slo.ca.us by July 8, 2026. Page 307 of 322 ___________________________________________________________________________________________________________________________________ County of San Luis Obispo Department of Social Services P.O. BOX 8119, San Luis Obispo, CA 93403-8119 | (P) 1-805-788-9491 | (F) 805-788-2457 | slocounty.ca.gov/dss Eligibility and Funding Implications If the City elects to participate in the Urban County: • The City will be eligible for HUD CDBG entitlement funding through the Urban County for all three fiscal years. • Participation does not preclude the Urban County from applying for HOME, State CDBG, or State ESG funds. • Consistent with HUD requirements, participating jurisdictions are not eligible to apply directly to the State CDBG Program for the duration of the Cooperation Agreement. Next Steps: The County is currently drafting the 2027–2029 Cooperation Agreement and will submit to HUD for review prior to ratification. We anticipate providing this to the cities to review within the next week. The County will need to receive a signed copy of the 2027–2029 Cooperation Agreement no later than Friday, July 17th. The County will take the 2027–2029 Cooperation Agreements to the County Board of Supervisors for ratification on Tuesday, August 4th. The County must submit the Urban County qualification package to HUD no later than Monday, August 10th. If the City chooses not to participate, it must notify both the County and the HUD Los Angeles Field Office by July 8, 2026. We value our partnership with the City of San Luis Obispo and look forward to continuing to work together to support community development and housing needs across the region. Please feel free to contact us with any questions or if you need assistance preparing your council resolution. If you have any questions or concerns regarding this process or the County’s HUD programs, please contact Marge Castle, Program Manager, at (805) 788-9491. Best regards, Marge Castle Program Manager Page 308 of 322 Page 1 of 8 COOPERATION AGREEMENT BETWEEN THE COUNTY OF SAN LUIS OBISPO AND THE CITY OF SAN LUIS OBISPO FOR JOINT PARTICIPATION IN THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, THE HOME INVESTMENT PARTNERSHIPS PROGRAM, AND THE EMERGENCY SOLUTIONS GRANT PROGRAM FOR FISCAL YEARS 2027 THROUGH 2029 THIS COOPERATION AGREEMENT is made and entered into on the date and year last written below, by and between the County of San Luis Obispo, a political subdivision of the State of California, hereinafter called “County,” and the City of San Luis Obispo, a municipal corporation of the State of California, located in the County of San Luis Obispo, hereinafter called “City;” jointly referred to as “Parties”. WITNESSETH WHEREAS, in 1974, the U.S. Congress enacted, and the President signed a law entitled, The Housing and Community Development Act of 1974, herein called the “Act.” The Act is omnibus legislation relating to federal involvement in a wide range of housing and community development activities and contains eight separate titles; and WHEREAS, Title I of the Act is entitled “Community Development” and governs programs for housing and community development within metropolitan cities and urban counties or communities by providing financial assistance annually for area-wide plans and for housing, public services, and public works programs; and WHEREAS, the Community Development Block Grant Program (hereinafter referred to as “CDBG”), the HOME Investment Partnerships Act Program (hereinafter referred to as “HOME”), and the Emergency Solutions Grant Program (hereinafter referred to as “ESG”) are consolidated under Title I of the Act; and WHEREAS, the County has requested of the federal Department of Housing and Urban Development, hereinafter referred to as “HUD,” designate the County as an “Urban County;” and WHEREAS, the County needs to requalify as an urban county and will be eligible to receive CDBG funds provided that the County’s entitled cities defer their entitlement to the County to enable both the County and the entitlement cities to jointly participate in the program; and WHEREAS, the City desires to participate jointly with the County in the Urban County as authorized by signing this Cooperation Agreement; and Page 309 of 322 Page 2 of 8 WHEREAS, if HUD redesignates the County as an urban county, then the County may also be eligible to receive funds from the HOME Program and the ESG Program; and WHEREAS, the CDBG Regulations issued pursuant to the Act provide qualified urban counties must submit an application to HUD for funds, and cities and smaller communities within the metropolitan area not qualifying as metropolitan cities may join the County in said application and thereby become a part of a more comprehensive County effort; and WHEREAS, as the urban county applicant, the County must take responsibility and assume all obligations of an applicant under federal statues, including: the analysis of needs, the setting of objectives, the development of community development and housing assistance plans, the consolidated plan, and the assurances of certifications; and WHEREAS, by executing this Agreement, the Parties hereby give notice of their intention to participate in the urban county CDBG, HOME, and ESG Programs; and WHEREAS, the City Manager of the City of San Luis Obispo is authorized to execute this Agreement on behalf of the City; and WHEREAS, the Chairperson of the Board of Supervisors or the Chief Executive Officer of the County of San Luis Obispo is authorized to execute this Agreement on behalf of the County NOW THEREFORE, in consideration of the mutual promises, recitals and other provisions hereof, the Parties agree as follows: Page 310 of 322 Page 3 of 8 SECTION I. General. A. Full Cooperation. The County and the City agree to cooperate to undertake, or assist in undertaking, essential community development and housing assistance activities, as approved and authorized between the Parties in the CDBG Agreements, including the Consolidated Plan. B. Term of Agreement. This Agreement shall remain in effect for the three- year program period of Federal Fiscal Years 2027, 2028, and 2029, and until funds granted and program income received during the three-year period are expended and the funded activities are completed. Neither the County nor the City may terminate, withdraw, or be removed from the program during the three-year program period. The three (3) year period commences on October 1, 2027, through September 30, 2030. a. The County shall, by the date in the Urban County Qualification Deadlines published on the HUD Exchange Urban Counties website for the next qualification period, notify the Participating Jurisdictions by letter of their right not to participate in the Urban County. C. Scope of Agreement. This Agreement covers the following formula funding programs administered by HUD where the County is awarded and accepts funding directly from HUD: the CDBG Program, the HOME Program, and the ESG Program. a. The participating City understands and agrees that it may receive a formula allocation under the HOME and ESG Programs only through the Urban County. This does not preclude the Urban County or City from applying for HOME or ESG funds from the State, if the State allows. b. The participating City understands and agrees that it may not apply for grants under the State CDBG Program for the fiscal years during the period in which the Municipality participates in the Urban County’s CDBG Program. D. Amendments. The Parties agree to adopt amendment(s) to this Agreement as may be required by HUD to meet any new Urban County Qualification requirement(s), when applicable. Failure by either Party to adopt any such amendment, and to submit such amendment to HUD, will void the agreement for such qualification period. SECTION II. Program Administration. Page 311 of 322 Page 4 of 8 A. City Agreements. Pursuant to 24 CFR 570.501(b), the City is subject to the same requirements applicable to subrecipients, including the requirement of executing a written agreement with the County as set forth in 24 CFR 570.503. B. Use of Program Income. The County may transfer the program income to the City, upon its termination of Urban County participation, provided that the City begins participating as an independent CDBG Entitlement grantee and agrees to use the program income in its own CDBG Entitlement program. C. Fair Housing Implementation. The Parties agree that no Urban County funding shall be allocated or expended for activities in or in support of any cooperating unit of general local government that does not affirmatively further fair housing within its own jurisdiction or that impedes the County’s actions to comply with its fair housing certification. D. Consolidated and Further Continuing Appropriations Act. The Parties to this Agreement understand and agree that they may not sell, trade, or otherwise transfer all or any portion of CDBG funds to a Metropolitan City, Urban County, unit of general local government, or insular area that directly or indirectly receives CDBG funds in exchange for any funds, credits, or non-Federal considerations, but must use such funds for activities eligible under Title I of the Housing and Community Development Act of 1974, as amended. E. Special Provisions for the Urban County. The Urban County is prohibited from funding activities in, or in support of, any Participating Jurisdiction that impedes the County’s actions to comply with the County’s Fair Housing Certification. Noncompliance with the duty to affirmatively further fair housing by a Participating Jurisdiction may constitute noncompliance by the Urban County. SECTION III. Compliance with Federal Statutes and Regulations. A. General. The County and the City shall take all actions necessary to assure compliance with the County’s certification under Section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended, that the grant will be conducted and administered in conformity with: a. Title VI of the Civil Rights Act of 1964 (and the implementing regulations at 24 CFR Part 1); Page 312 of 322 Page 5 of 8 b. The Fair Housing Act, and the implementing regulations at 24 CFR Part 100, and will comply with the obligation to duty to affirmatively further fair housing; and c. Section 109 of Title 1 of the Housing and Community Development Act of 1974, and the implementing regulations at 24 CFR Part 6, which incorporates: i. Section 504 of the Rehabilitation Act of 1973, and the implementing regulations at 24 CFR Part 8; ii. Title II of the Americans with Disabilities Act, and the implementing regulations at 28 CFR Part 35; iii. The Age Discrimination Act of 1975, and the implementing regulations at 24 CFR Part 146; iv. Section 3 of the Housing and Urban Development Act of 1968; v. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and the implementing regulations at 49 CFR Part 24; vi. Section 104(d) of Housing and Community Development Act of 1974, and the implementing regulations at 24 CFR Part 42; and d. Other applicable laws Page 313 of 322 Page 6 of 8 B. Certification Regarding Policies Prohibiting Use of Excessive Force and Regarding Enforcement of State and Local Laws Barring Entrances. The County and the City each have adopted and are enforcing: a. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and b. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction. NOW, THEREFORE, it is agreed between the parties hereto that: Agreement Signatures. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, when taken together, shall constitute one and the same agreement. This Agreement may be executed and delivered by facsimile or scanned signature by any of the Parties and the receiving Party may rely on the receipt of such document so executed and delivered by facsimile or email as if the original had been received. The Parties hereto have caused this Agreement to be executed and attested by their proper officer thereunder duly authorized. Page 314 of 322 Page 7 of 8 IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and the year set forth below. COUNTY OF SAN LUIS OBISPO, A Political Subdivision of the State of California Jimmy Paulding Chairperson of the Board of Supervisors ATTEST: Matthew P. Pontes Ex-Officio Clerk of the Board of Supervisors BY: Deputy Clerk (SEAL) APPROVED AS TO FORM AND LEGAL EFFECT: Jon Ansolabehere County Counsel By: Deputy County Counsel Dated: Page 315 of 322 Page 8 of 8 CITY OF SAN LUIS OBISPO, a California Municipal Corporation BY: Whitney McDonald City Manager Date: APPROVED AS TO FORM AND LEGAL EFFECT: By: Christine Dietrick City Attorney Dated: Page 316 of 322 Item 6k Department: Police Cost Center: 8001 For Agenda of: 7/21/2026 Placement: Consent Estimated Time: Click or tap here to enter text. FROM: Rick Scott, Police Chief Prepared By: Melissa Ellsworth, Senior Business Analyst SUBJECT: POLICE DEPARTMENT GRANT APPLICATIONS FOR FY 2026-27 RECOMMENDATION 1. Authorize the Police Department to submit grant applications to the following agencies: a. California Highway Patrol Cannabis Tax Fund Grant Program in an amount of $134,200; b. COPS Hiring Program Grant in an amount of $125,000 2. If the California Highway Parol Cannabis Tax Fund grant is awarded, authorize the City Manager and Chief of Police to execute related grant documents and authorize the Finance Director to make necessary budget adjustments upon the award of the grant. 3. Authorize staff to suspend and remove funding for the current School Resource Officer position, due to the loss of revenue from the San Luis Coastal Unified School District. 4. Adopt a draft resolution entitled, “A Resolution of the Council of the City of San Luis Obispo, California, accepting a grant award provided through the California Highway Patrol Cannabis Tax Fund Grant Program to increase education, prevention and enforcement programs focusing on driving under the influence of alcohol and other drugs and authorizing the City Manager and Chief of Police to execute all related grant documents”. POLICY CONTEXT The recommended actions are consistent with the City of San Luis Obispo’s Financial Management Manual, Section 740 – Grant Management Policy. The policy states that Council must approve all grant applications in excess of $5,000 and delegates receipt and contract execution to the City Manager. DISCUSSION The City has partnered with San Luis Coastal Unified School District for over ten years to assign a full time School Resource Officer to the high schools and middle school throughout the community. Over that time, the District provided funding based on a Memorandum of Understanding that provided funding amounts ranging from 37.5% to 100% of salary and benefits. For FY 2025-26, funding from the District covered the SRO Page 317 of 322 Item 6k position entirely. The District recently confirmed that it is unable to fully fund the SRO position for the 2026-27 Fiscal Year, without this funding, the Department is recommending elimination of one full time equivalent Police Officer position. The District has also indicated it would be able to provide partial funding sufficient to cover the City’s cost share if a grant is awarded to the City under the COPS Hiring Program. Office of Community Oriented Policing Services – COPS Hiring Program The purpose of COPS Hiring Program, funded by the U.S. Department of Justice Office of Community Oriented Policing Services, is to fund law enforcement agencies to hire and/or rehire additional career sworn law enforcement officers/deputies in an effort to increase their community policing capacity and crime prevention efforts. Funding under this program may be used to hire or rehire sworn career law enforcement officers, which includes filling existing officer/deputy vacancies that are no longer funded in the agency’s budget. These positions must be in addition to currently budgeted (funded) level of sworn positions, and the officers must be hired on or after the official award start date on the notice of award. The COPS Hiring Program will cover up to 75% of the entry level salary and limited benefits for a period of 3-years. There is a minimum cost share of 25% for the City to be reimbursed by the District, and the maximum federal share for a position is $125,000 over the 3-year period (not per year, spanning the 3-year period). Agencies must retain the funded position for a minimum of 12 months following the 3-years of funding. Absorbing the grant position through attrition is not allowable, and the position must be retained and funded through the City’s General Fund. The grant application is completed in a two -step process, the first deadline is July 23rd, and the second deadline is July 29th. If the grant is awarded, staff will return to Council and request authorization to accept the grant, review the executed MOU, and to restore funding for the School Resource Officer FTE Cannabis Tax Fund Grant Program In 2016, Proposition 64 (the Control, Regulate, and Tax Adult Use of Marijuana Act) was passed which mandated the state to set aside funding for the California Highway Patrol to award grants to local governments and non-profits to work toward reducing impaired driving accidents, increase public awareness surrounding dangers of impaired driving and support safer roadways. Staff is requesting funds to conduct additional DUI saturation patrols, DUI checkpoints, and purchase equipment such as a narcotic analyzer (portable device used to safely identify controlled substances in the field) and PAS (Preliminary Alcohol Screening/breathalyzer) devices. The grant application was due in May. Staff did not request Council approval prior to submitting the application because the deadline required timely submission, and the approval request was not scheduled in time to meet the grant deadline. If Council denies this request, the application can be withdrawn or the award can be declined. Page 318 of 322 Item 6k Public Engagement This item is on the agenda for the July 21, 2026 City Council meeting and will follow all required postings and notifications. The public may have an opportunity to comment on this matter at or before the meeting. CONCURRENCE The Director of Finance concurs with staff’s recommendation. ENVIRONMENTAL REVIEW The California Environmental Quality Act (CEQA) does not apply to the recommended action in this report because the action does not constitute a project under CEQA Guidelines Section 15378. FISCAL IMPACT Budgeted: No Budget Year: 2026-27 Funding Identified: No Fiscal Analysis: Funding Sources Total Grant Request Current Funding Request Remaining Balance Annual Ongoing Cost DOJ – COPS Hiring Program Grant 125,000 (3-year period) See chart below CHP Cannabis Grant 134,200 Total 259,200 Matching funds are only required under the COPS Hiring Grant. The grant requires at least a 25% cash match, and the grantee must assume a progressively larger share of the cost each year. The chart below outlines estimated General Fund obligations (to be paid for by the San Luis Coastal Unified School District) and estimated grant funding over the grant period (grant will only fund for a 3-year period). The District has agreed, if grant funds are awarded, to a 5-year agreement term. Page 319 of 322 Item 6k Estimated Entry Level Officer Salary/Benefits Funding Source Year 1 FY 26-27 Year 2 FY 27-28 Year 3 FY 28-29 Year 4 FY 29-30 Year 5 FY 30-31 Total COPS Grant $46,000 $41,000 $38,000 $0 $0 $125,000 City $0 $0 $0 $0 $0 $0 SLCUSD $93,565 $105,543 $115,870 $161,564 $169,642 $646,185 Total Salary/Benefits $139,565 $146,543 $153,870 $161,564 $169,642 $771,185 ALTERNATIVES Do not submit grant applications or decline funding. Grants provide funding for specialized equipment purchases and overtime costs associated with focused enforcement and education opportunities. Without grant funds the department would be unable to carryout these programs which increase safety in the community. Additionally, without COPS Grant funding, the department would be unable to provide a School Resource Officer position to the District and this position would not be an added FTE. ATTACHMENTS A - Draft Resolution accepting a grant award provided through the California Highway Patrol Cannabis Tax Fund Grant Program Page 320 of 322 R RESOLUTION NO. (2026 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, ACCEPTING A GRANT AWARD PROVIDED THROUGH THE CALIFORNIA HIGHWAY PATROL CANNABIS TAX FUND GRANT PROGRAM TO INCREASE EDUCATION, PREVENTION AND ENFORCEMENT PROGRAMS FOCUSING ON DRIVING UNDER THE INFLUENCE OF ALCOHOL AND OTHER DRUGS AND AUTHORIZING THE CITY MANAGER AND CHIEF OF POLICE TO EXECUTE ALL RELATED GRANT DOCUMENTS WHEREAS, the San Luis Obispo Police Department (the "Police Department") through the City of San Luis Obispo desires to undertake programs to increase education, prevention, and enforcement of laws related to driving under the influence of alcohol and other drugs; and WHEREAS, on July 21, 2026, the Council authorized the Police Department to submit a grant application to the California Highway Patrol Cannabis Tax Fund Grant Program (CTFGP) to conduct compliance activities and purchase related equipment to enforce laws related to driving under the influence of alcohol and drugs; and WHEREAS, in May 2026, the Police Department was notified of the CTFGP grant award; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The Chief of Police or his designee is hereby authorized to submit a grant application consistent with program requirements to pursue a grant administered by the California Highway Patrol CTFGP, including the Police Department's February 2026 application. SECTION 2. The City Manager of the City of San Luis Obispo and the Chief of Police are authorized to accept awarded funds and to execute all grant related documents, including the grant agreements, any extensions or amendments thereof, and any subsequent contract with the State in relation to the CTFGP. SECTION 3. The Finance Director is authorized to make the necessary budget adjustments upon the award of the grant. SECTION 4. The City agrees that any liability arising out of the performance of this contract, including civil court actions for damages, shall be the responsibility of the grant recipient and the authorizing agency and acknowledges that the California Highway Patrol and the CTFGP disclaim responsibility for any such liability. Page 321 of 322 R Resolution No. (2026 Series) Page 2 SECTION 5. Grant funds received hereunder shall not be used to supplant expenditures controlled by this body. Upon motion of __________________, seconded by___________________, and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this ______day of _____________2026. __________________________ Mayor Erica Stewart ATTEST: ____________________________ Teresa Purrington City Clerk APPROVED AS TO FORM: ____________________________ J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on ______________________. __________________________ Teresa Purrington City Clerk Page 322 of 322