HomeMy WebLinkAbout11-12-2019 Council Agenda Packet - ContinuedTuesday, November 12, 2019
6:30 PM CONTINUED
REGULAR MEETING
Council Chamber
990 Palm Street
San Luis Obispo Page 1
CALL TO ORDER: Mayor Heidi Harmon
ROLL CALL: Council Members Carlyn Christianson, Aaron Gomez, Erica A. Stewart,
Vice Mayor Andy Pease and Mayor Heidi Harmon
PLEDGE OF ALLEGIANCE: Council Member Erica A. Stewart
PROCLAMATION
1.NATIONAL HOSPICE AND PALLIATIVE CARE MONTH
Mayor Harmon will proclaim the month of November as "National Hospice and Palliative
Care Month."
PUBLIC COMMENT PERIOD FOR ITEMS NOT ON THE AGENDA
(not to exceed 15 minutes total)
The Council welcomes your input. You may address the Council by completing a speaker slip
and giving it to the City Clerk prior to the meeting. At this time, you may address the Council
on items that are not on the agenda. Time limit is three minutes. 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.
CONSENT AGENDA
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.
San Luis Obispo City Council Agenda November 12, 2019 Page 2
2.WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES
(PURRINGTON)
Recommendation:
Waive reading of all resolutions and ordinances as appropriate.
3.DRAFT MINUTES REVIEW - OCTOBER 22, 2019 CITY COUNCIL MEETING
(PURRINGTON)
Recommendation:
Approve the minutes of the City Council meeting held on October 22, 2019.
4.AN ORDINANCE TO ADOPT BY REFERENCE THE 2019 CALIFORNIA
BUILDING AND FIRE CODES WITH LOCAL AMENDMENTS
(CODRON / AGGSON / MAGGIO)
Recommendation:
Adopt an Ordinance entitled, “An Ordinance of the City Council of the City of San Luis
Obispo, California, amending Title 15 of the Municipal Code to adopt by reference and
amend the latest editions of the California Building Standards Codes and adopting findings
of fact to support the amendments.”
5.POLICE EVIDENCE ACCOUNT (CANTRELL / BLEDSOE)
Recommendation:
1.Authorize the transfer of funds from Fund 701 General Agency Fund – Police (for
Evidence funds) in the amount of $139,258 to General Fund balance; and
2.Authorize the Finance Director to return claimed funds that have been validated by the
Police Department, up to $7,500 to claimant from the Evidence Fund account; and
3.Authorize the City Manager to approve the close out of the Evidence Fund account
annually, at the end of each fiscal year, and appropriate funds accordingly; and
4.Adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis
Obispo, California, authorizing the transfer of funds from Fund 701 General Agency
Fund – Police Evidence Funds, to General Fund Balance.”
6.PARKS AND RECREATION OFFICE REHABILITATION PROJECT,
SPECIFICATION NO. 91562 (STANWYCK / KLOEPPER)
Recommendation:
Approve the Project Plans and Special Provisions for the Parks and Recreation Office
Rehabilitation Project, Specification 91562, authorize staff to advertise for bids and
authorize the City Manager to award the construction contract for the Bid Total if the lowest
responsible bid is within the Engineer’s Estimate $340,000.
San Luis Obispo City Council Agenda November 12, 2019 Page 3
7. ISLAY HILL PARK PLAYGROUND RENOVATION, SPECIFICATION NO. 91654
(STANWYCK / KLOEPPER)
Recommendation:
1. As recommended by the Parks and Recreation Commission, approve the Project Plans
and Special Provisions for the Islay Hill Park Playground Renovation Project,
Specification Number 91654; and
2. Authorize staff to advertise for bids and authorize the City Manager to award the
construction contract if the lowest responsible bid is within the publicly disclosed
Funding Amount of $300,000; and
3. Approve a City Sole Source purchase from GameTime Equipment in an amount not to
exceed $150,000 for purchase of playground equipment and authorize Finance Director
to execute Purchase Order upon receipt of final quote.
8. SCHEDULE OF CITY COUNCIL MEETINGS FOR 2020 (PURRINGTON)
Recommendation:
Adopt the proposed 2020 Regular City Council meeting schedule with meetings normally
held the first and third Tuesday of every month, with the following exceptions:
1. Reschedule the Regular City Council meeting of January 7 to January 14, 2020,
2. Reschedule the Regular City Council Meeting of November 3 to November 10, 2020,
3. Cancel the Regular City Council meetings of August 4 and December 15, 2020.
9. AMENDMENT TO LEGAL SERVICES AGREEMENT FOR CONTRACT DEPUTY
CITY ATTORNEY SERVICES (DIETRICK / HICKS / WHITE)
Recommendation:
Adopt a Resolution entitled, “A Resolution of the City of San Luis Obispo, California,
approving an amendment to the Legal Services Contract with Hanley and Fleishman, LLP,
and Related Budgetary Appropriations” authorizing the City Attorney to execute a Third
Amendment to the Legal Services Agreement.
San Luis Obispo City Council Agenda November 12, 2019 Page 4
PUBLIC HEARING AND BUSINESS ITEMS
10. PUBLIC HEARING TO INTRODUCE AN ORDINANCE TO REZONE
PROPERTIES AT 609 & 633 PALM, 610, 614 & 630 MONTEREY, 970 & 972
NIPOMO STREETS, AND REVIEW OF A NEW PERFORMING ARTS FACILITY
AND A NEW PARKING STRUCTURE WITHIN THE DOWNTOWN
COMMERCIAL ZONE (CODRON / STANWYCK /COHEN / BURDE – 90 MINUTES)
Recommendation:
1. Introduce an Ordinance entitled, “An Ordinance of the City Council of the City of San
Luis Obispo, California, rezoning properties at 609 & 633 Palm, 610, 614 & 630
Monterey, 970 & 972 Nipomo Streets from Office with a Historic District Overlay (O-
H) and Medium-High Density Residential (R-3) to Downtown Commercial Zone with a
Historic Overlay (C-D-H) consistent with the Palm Nipomo Parking Structure Project
with an addendum to the Certified Environmental Impact Report as represented in the
Council Agenda Report and attachments dated November 5, 2019 (RZ-0460-2019).”
2. Adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis
Obispo, California, approving the Architectural Design of a new Performing Arts
Facility (SLO Rep Theatre) and a new Parking Structure, a deviation in the height and
floor area ratio for the parking structure, Use Permits to allow the SLO Rep Theatre and
a Parking Structure within the Downtown Commercial Zone, and adopt a General Plan
Amendment changing the project site from Office and Medium-High Density
Residential to General Retail with an addendum to the Certified Environ mental Impact
Report as represented in the City Council Agenda Report and attachments dated
November 5, 2019 (609 & 633 Palm, 610, 614 & 630 Monterey, 970 & 972 Nipomo
Streets; ARCH-0415-2019, USE-0416-2019, ARCH-0448-2019, USE-0388-2017 &
GENP-0389-2017).”
11. ANNUAL PUBLIC HEARING FOR THE TOURISM BUSINESS IMPROVEMENT
DISTRICT (HERMANN / CANO – 30 MINUTES)
Recommendation:
1. Receive testimony regarding the City Council’s intention to continue the San Luis
Obispo Tourism Business Improvement District and determine whether a legally
sufficient protest is made; and
2. If no legally sufficient protest is made, adopt a Resolution entitled, “A Resolution
of the City Council of the City of San Luis Obispo, California, declaring the basis
for and the levy of the assessment for the San Luis Obispo Tourism Business
Improvement District and affirming the establishment of the District.”
San Luis Obispo City Council Agenda November 12, 2019 Page 5
LIAISON REPORTS AND COMMUNICATIONS
(Not to exceed 15 minutes)
Council Members report on conferences or 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 his or her activities. In addition, subject to Council Policies and Procedures,
they may provide a reference to staff or other resources for factual informat ion, 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)
ADJOURNMENT
The next Regular City Council Meeting is scheduled for Tuesday, November 19, 2019 at 5:30
p.m. and 6:00 p.m., respectively, in the Council Chamber, 990 Palm Street, San Luis Obispo,
California.
LISTENING ASSISTIVE DEVICES are available for the hearing impaired--please see City 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) 781-7100 at least 48 hours before the meeting, if possible.
Telecommunications Device for the Deaf (805) 781-7410.
City Council regular meetings are televised live on Charter Channel 20. 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 www.slocity.org. Persons with questions concerning
any agenda item may call the City Clerk’s Office at (805) 781-7100.
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San Luis Obispo Page 1
Tuesday, October 22, 2019
Regular Meeting of the City Council
CALL TO ORDER
A Regular Rescheduled Meeting of the San Luis Obispo City Council was called to order on
Tuesday, October 22, 2019 at time 5:30 p.m. in the Council Chamber, located at 990 Palm Street,
San Luis Obispo, California, by Mayor Harmon.
ROLL CALL
Council Members
Present: Council Members Carlyn Christianson, Aaron Gomez, Erica A. Stewart, Vice
Mayor Andy Pease, and Mayor Heidi Harmon.
Absent: None
City Staff
Present: Derek Johnson, City Manager; Christine Dietrick, City Attorney; and Teresa
Purrington, City Clerk; were present at Roll Call. Other staff members presented
reports or responded to questions as indicated in the minutes.
PUBLIC COMMENT ON CLOSED SESSION ITEMS
None.
---End of Public Comment---
CLOSED SESSION
A.CONFERENCE REGARDING PROPERTY NEGOTIATIONS
Pursuant to Government Code §54956.8
Property: APN 001-137-013
Agency Negotiators: Derek Johnson, City Manager
Christine Dietrick, City Attorney
Shelly Stanwyck, Assistant City Manager
Greg Hermann, Deputy City Manager
Charles Bell, Assistant City Attorney
Tim Bochum, Deputy Director of Public Works
Negotiating Parties: Paul J. Vanderheyden Separate Property Trust
Under Negotiation: Price and terms of payment
ADJOURN AT 5:50 P.M. TO THE REGULAR MEETING OF TUESDAY, OCTOBER 22, 2019 IN
THE COUNCIL CHAMBER, 990 PALM STREET, SAN LUIS OBISPO, CALIFORNIA
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San Luis Obispo City Council Minutes of October 22, 2018 Page 2
CALL TO ORDER
A Regular Rescheduled Meeting of the San Luis Obispo City Council was called to order on
Tuesday, October 22, 2019 at 6:00 p.m. in the Council Chamber, located at 990 Palm Street, San
Luis Obispo, California, by Mayor Harmon.
ROLL CALL
Council Members
Present: Council Members Carlyn Christianson, Aaron Gomez, Erica A. Stewart, Vice
Mayor Andy Pease, and Mayor Heidi Harmon.
Council Members
Absent: None
City Staff
Present: Derek Johnson, City Manager; Christine Dietrick, City Attorney; and Teresa
Purrington, City Clerk; were present at Roll Call. Other staff members presented
reports or responded to questions as indicated in the minutes.
PLEDGE OF ALLEGIANCE
Council Member Gomez led the Pledge of Allegiance.
CITY ATTORNEY REPORT ON CLOSED SESSION
City Attorney Dietrick stated that the City Council met in Closed Session on one matter of real
property negotiations regarding property at 1480 Monterey. Staff was given direction to proceed
with negotiations. There was discussion on price and terms however there was no further
reportable discussion.
PROCLAMATIONS
1. DOMESTIC VIOLENCE AWARENESS MONTH
Mayor Harmon presented a Proclamation to Kristen Rambo, Executive Director of Stand
Strong, and fellow Board Members Joan Wenglikowski and Robin Mitchell Hee, declaring
October to be “Domestic Violence Awareness Month.”
2. ARBOR DAY
Mayor Harmon presented a Proclamation to Rob Combs and Anthony Whipple from the
Urban Forestry Division, declaring November 2, 2019 as “Arbor Day.”
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San Luis Obispo City Council Minutes of October 22, 2018 Page 3
PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA
Jeffery Specht
Kris Roudenbush
Greg Wynn
Rebecca Kallal
Bob Nannings
Dan Kallal
Don Hedrick
---End of Public Comment---
CONSENT AGENDA
ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY VICE
MAYOR PEASE, CARRIED 5-0 to approve Consent Calendar Items 3 thru 9.
Public Comment
Item 9 – Jeffery Specht
---End of Public Comment---
3. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES
CARRIED 5-0, to waive reading of all resolutions and ordinances as appropriate.
4. DRAFT MINUTES REVIEW - OCTOBER 1, 2019 CITY COUNCIL MEETING
CARRIED 5-0, to approve the minutes of the City Council meeting held on October 1, 2019.
5. HISTORIC SIGNIFICANCE DETERMINATION FOR A CONTRIBUTING LIST
PROPERTY AT 1013 ELLA STREET AND 2028 JENNIFER STREET
CARRIED 5-0, to adopt Resolution No. 11052 entitled, “A Resolution of the City Council of
the City of San Luis Obispo, California, removing the property at 1013 Ella Street and 2028
Jennifer Street from the Contributing Properties List of Historic Resources” determining that
the structure does not meet eligibility criteria for listing as a Historic Resource.
6. FINAL ACCEPTANCE OF A PORTION OF PUBLIC IMPROVEMENTS FOR
TRACT 3063 PHASE 1 – A RESIDENTIAL SUBDIVISION AT 3987 ORCUTT ROAD
(RIGHETTI RANCH)
CARRIED 5-0, to adopt Resolution No. 11053 entitled, “A Resolution of the City Council of
the City of San Luis Obispo, California, accepting the Public Improvements and certifying
completion of the Private Improvements for Tract 3063-Phase 1 (3987 Orcutt Road)”
releasing the securities for the accepted portions of Phase 1 of Tract 3063 and authorizing the
Director of Public Works to accept the remaining Phase 1 public improvements, then release
those securities once the improvements are deemed completed.
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San Luis Obispo City Council Minutes of October 22, 2018 Page 4
7. AUTHORIZE ADVERTISEMENT OF DISINFECTION BYPRODUCT REDUCTION
AND WATER TREATMENT PLANT PIPE GALLERY IMPROVEMENT PROJECT,
SPECIFICATION NO. 1000044
CARRIED 5-0, to:
1. Approve the plans and specifications for the Disinfection Byproduct Reduction and Water
Treatment Plant Pipe Gallery Improvements Project, Spec. No. 1000044; and
2. Authorize staff to advertise the Project for bids; and
3. Authorize the City Manager to award the construction contract for the Project if the lowest
responsible bid is within available project funding; and
4. Adopt Resolution No. 11054 entitled, “A Resolution of the City Council of the City of
San Luis Obispo, California, authorizing use of Water Fund Unreserved Working Capital
for construction of the Disinfection Byproduct Reduction and Water Treatment Plant Pipe
Gallery Improvements Project, Specification No. 1000044” authorizing a budget transfer
of $1,042,174 to the Project account.
8. APPROVE A MEMORANDUM OF UNDERSTANDING WITH FIRST 5 SAN LUIS
OBISPO COUNTY FOR PARTICIPATION IN A MULTI AGENCY CHILD CARE
CAPACITY-BUILDING STUDY
CARRIED 5-0, to approve the proposed Memorandum of Understanding (MOU) with First 5
San Luis Obispo County and authorize the City Manager to execute the MOU in a form
subject to approval of the City Attorney’s Office.
9. AGREEMENT WITH INTEGRATED WASTE MANAGEMENT AUTHORITY AND
CENTRAL COAST PARTNERS TO SUPPORT COMMUNITY BASED SOCIAL
MARKETING TO EDUCATE THE COMMUNITY ON THE TRASH IMPACTS ON
THE ENVIRONMENT
CARRIED 5-0, to:
1. Authorize entering into an agreement with the Integrated Waste Management Authority
(IWMA) to help raise awareness of proper trash disposal and educate the community on
ways they can help; and
2. Authorize entering into an agreement with the Central Coast Partners for Water Quality
(CCPWQ) to formalize the partnership amongst the agencies; and
3. Adopt Resolution No. 11055 entitled, “A Resolution of the Council of the City of San
Luis Obispo, California approving an amendment to the 2019-20 Budget Allocation”
adding the Trash Community Based Social Marketing (CBSM) marketing campaign to
the FY 19-21 Financial Plan and accepting $25,000 from IWMA.
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PUBLIC HEARING ITEMS AND BUSINESS ITEMS
10. PUBLIC HEARING: TO INTRODUCE AN ORDINANCE TO ADOPT BY
REFERENCE THE 2019 CALIFORNIA BUILDING AND FIRE CODES WITH
LOCAL AMENDMENTS
Community Development Director Michael Codron, Fire Chief Keith Aggson, Fire Marshall
Roger Maggio and Building and Safety Supervisor Mark Sadowski provided an in-depth staff
report and responded to Council questions.
Public Comments:
Jon Griesser
Don Hedrick
---End of Public Comment---
ACTION: MOTION BY VICE MAYOR PEASE, SECOND BY COUNCIL MEMBER
CHRISTIANSON, CARRIED 5-0 to introduce an Ordinance No. 1670 (2019 Series) entitled,
“An Ordinance of the City Council of the City of San Luis Obispo, California, amending Title
15 of the Municipal Code to adopt by reference and amend the latest editions of the California
Building Standards Codes and adopting findings of fact to support the amendments.”
11. PUBLIC HEARING: REVIEW OF APPEAL (FILED BY TAQUERIA SANTA CRUZ,
SLO; APPLICANT) OF THE PLANNING COMMISSION’S DECISION TO
APPROVE A REQUEST TO EXTEND HOURS OF OPERATION FOR
COMMERCIAL ACTIVITIES WITHIN A MIXED-USE DEVELOPMENT,
LOCATED AT 1308 MONTEREY STREET, WITH THE MODIFIED CONDITIONS
RESTRICTING HOURS OF OPERATION FOR COMMERCIAL SUITE 140 TO 9:00
PM (APPL-0594-2019)
Council Members Gomez, and Vice Mayor noted meeting with one of the residents regarding
the appeal. Council Member Stewart noted meeting with George Garcia and Amy Blalock
regarding the appeal. Council Member Christianson attended the Planning Commission
meeting regarding this appeal but reported having no ex parte communications. Mayor
Harmon reported having no ex parte communications.
Community Development Director Michael Codron and Associate Planner Kyle Bell provided
an in-depth staff report and responded to Council questions.
Carol Florence, Applicant Representation provided an overview of the appeal and responded
to Council questions.
Public Comments:
Amy Blalock
Mark Henry
Randall Blalock
Don Hedrick
---End of Public Comment---
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San Luis Obispo City Council Minutes of October 22, 2018 Page 6
ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY
VICE MAYOR PEASE, CARRIED 4-1 (WITH COUNCIL MEMBER GOMEZ VOTING
NO) to adopt Resolution No. 11056 entitled, “A Resolution of the City Council of the City of
San Luis Obispo, California, Uphold an Appeal of the Planning Commission decision and
thereby upholding the Administrative Hearing Officers approval modifying Conditions of
approval for limiting the hours of operation for the commercial activities within an existing
Mixed-Use Development. The project is Categorical Exemption from Environmental Review
as represented in the Planning Commission agenda report and attachments dated July 10, 2019
(1308 Monterey Street, APPL-0594-2019 of DIR-4082-2016).”
With the following change to Section 3:
3. The hours of operation shall be restricted to 8:00 AM to 8:00 PM for all commercial
activity on the second floor, and 8:00 AM to 9:00 PM for all commercial activity on the
ground floor, until all active noise violations are resolved. Once all active noise violations
are resolved, hours of operation shall be restricted per tenant suite as identified below;
a. Suite 110: 8:00 AM to 9:00 PM
b. Suite 120: 8:00 AM to 9:00 PM
c. Suite 140: 8:00 AM to 10:00 PM 9:30 PM
d. Suite 210: 8:00 AM to 8:00 PM
e. Suite 230: 8:00 AM to 8:00 PM
f. Suite 240: 8:00 AM to 8:00 PM
g. Suite 250: 8:00 AM to 8:00 PM
The hours of operation for all outdoor food services shall operate no earlier than 8:00 AM
and shall not remain open later than 9:00 PM daily.
COUNCIL COMMUNICATIONS AND LIAISON REPORTS
Mayor Harmon indicated she attended the True North Leadership conference in Santa Cruz paid
for by the city. She also attended walk to school day, City Farm for the Harvest Festival and to
support pacific beach high school program, Ride share’s parking day, CPR training and spoke at
domestic violence vigil and went to the Tiny Home event,
Council Member Stewart attended the League of California Cities conference in Long Beach paid
for by the City. She also attended City Farm’s Harvest Festival, SLO diversity commission
meeting, tiny home expo and National Association of Women Business Owners and was the m.c.
for the graduation of Class 28 for Leadership SLO
Council Member Christianson attended the League of California Cities conference in Long Beach
paid for by the City.
Council Member Gomez attended the League of California Cities conference in Long Beach paid
for by the City. He indicated the IWMA passed the poly styrene ban (#6 plastics) and working to
address the CRV issue and have appointed a task force to work on this.
Vice Mayor Pease attended the League of California Cities conference in Long Beach paid for by
the City. She also attended the Net Zero conference in Los Angeles.
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San Luis Obispo City Council Minutes of October 22, 2018 Page 7
ADJOURNMENT
The meeting was adjourned at 8:26 p.m. The next Regular City Council Meeting is scheduled for
Tuesday, November 12, 2019 at 6:00 p.m., in the Council Chamber, 990 Palm Street, San
Luis Obispo, California.
__________________________
Teresa Purrington
City Clerk
APPROVED BY COUNCIL: XX/XX/2019
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Department Name: CDD, Fire
Cost Center:
For Agenda of:
Placement:
Estimated Time:
4006, 8305
November 12, 2019
Consent
N/A
FROM: Michael Codron, Community Development Director
Keith Aggson, Fire Chief
Prepared By: Mark Sadowski, Building & Safety Supervisor
Rodger Maggio, Fire Marshal
SUBJECT: AN ORDINANCE TO ADOPT BY REFERENCE THE 2019 CALIFORNIA
BUILDING AND FIRE CODES WITH LOCAL AMENDMENTS
RECOMMENDATION
Adopt an ordinance (Attachment A) amending Chapters 15.02 and 15.04 of the Municipal Code
adopting by reference the 2019 editions of the 1) California Building, 2) Residential, 3)
Electrical, 4) Plumbing, 5) Mechanical, 6) Energy, 7) Existing Building, 8) Historical Building,
9) Green Building and 10) Fire Codes, 11) the 1997 editions of the Uniform Housing Code and
the Uniform Code for the Abatement of Dangerous Buildings, and the 12) 2018 edition of the
International Property Maintenance Code, with amendments.
DISCUSSION
On October 22, 2019, the City Council introduced Ordinance No. 1690 (2019 Series), which
adopts the 2019 California Building and Fire Codes with local amendments. The ordinance is
now ready for second reading and adoption.
The proposed ordinance first repeals existing chapters 15.02 and 15.04 of the municipal code and
then replaces them with new chapters. Chapter 15.02 adopts each part of the 2019 CA Building
Standards Code by reference to include the CA Building Code, CA Residential Code, CA
Electrical Code, CA Plumbing Code, CA Mechanical Code, CA Energy Code, CA Existin g
Building Code, CA Historical Building Code, CA Green Building Standards Code, CA Fire
Code, and the Uniform Housing Code. It also adopts the Uniform Code for the Abatement of
Dangerous Buildings and the International Property Maintenance Code which provide minimum
maintenance provisions for existing buildings. A new Chapter 15.04 is provided which re-adopts
the City’s existing amendments and some minor new amendments proposed by staff including:
Amendments retained from previous code adoption with minor modification:
CONSTRUCTION CODE
1.Coordination between the flood related construction provisions and other city standards.
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New amendments with this adoption:
CONSTRUCTION CODES
1. Amended administrative section to include applicability for the use of shi pping
containers.
2. Added language to administrative section clarifying fence materials exempt from permit
requirements.
FIRE CODE
1. Prohibition of open burning, cooking, or warming fires in publicly owned lands to
address illegal campfires.
2. Limiting propane use to 5-gallon containers for outdoor residential use.
CONCURRENCES
The proposed adoption of new and updated codes was reviewed for concurrence by the City’s
Development Review Team consisting of members from Community Development, Fire, Public
Works, Utilities, and Administration.
ENVIRONMENTAL REVIEW
The project is exempt from environmental review per CEQA Guidelines under the General Rule
(Section 15061(b)(3)). The project involves updates and revisions to existing regulations. The
proposed code amendments are consistent with California Law, specifically the CA Health &
Safety Code Sections 17958.7 and 18941.5. It can be noted with certainty that the proposed
Municipal Code text amendments will have no significant effect on the environment.
FISCAL IMPACT
Budgeted: Yes/No (reference Financial Plan page# in narrative) Budget Year:
Funding Identified: Yes/No
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current Funding
Request
Remaining
Balance
Annual
Ongoing Cost
General Fund $12,000 N/A $8,534 N/A
State
Federal
Fees
Other:
Total $12,000 N/A $8,534 N/A
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There are no fiscal impacts as the adoption of local amendments does not increase the cost of
enforcing the regulations mandated by the State. Updated code books are required to be
purchased every three years with the adoption of the codes and the expense amounting to
$12,000 was budgeted for under the current FY 19-20 operating budget.
ALTERNATIVES
The City Council may elect to adopt the CA Building Standards Code without some or all of the
proposed local amendments.
Attachments:
Draft Ordinance_2019 Building Codes
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O 1690
ORDINANCE NO. 1690 (2019 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AMENDING TITLE 15 OF THE MUNICIPAL
CODE TO ADOPT BY REFERENCE AND AMEND THE LATEST
EDITIONS OF THE CALIFORNIA BUILDING STANDARDS CODES AND
ADOPTING FINDINGS OF FACT TO SUPPORT THE AMENDMENTS
WHEREAS, the State of California adopts and updates the California Building Standards
Code on a triennial basis, which constitutes the building and fire code regulations applicable to all
occupancies throughout the State, and
WHEREAS, the State has published the 2019 Edition of the California Building Standards
Code, comprised of various model codes and State amendments, which will become effective on
January 1, 2020, and
WHEREAS, pursuant to the California Health and Safety Code, Section 17958.5, local
jurisdictions are permitted to amend the California Building Standards Code as reasonably
necessary based on local climatic, geological or topographical conditions, provided such
amendments are not less restrictive than the requirements found in the State codes, and
WHEREAS, the California Health and Safety Code, Sections 17958.7 and 18941.5,
requires the City Council to make express findings that each such amendments are reasonably
necessary; and
WHEREAS, such findings must be made available as a public record and a copy thereof,
with each such amendment, shall be filed with the California Building Standards Commission
and/or the Department of Housing and Community Development, and
WHEREAS, it is the desire and intent of the City Council of the City of San Luis Obispo
to provide citizens with the greatest degree of fire, life and structural safety in buildings in the
most cost effective manner by adopting that body of regulations referred to as the California
Building Standards Code with amendments specific to the City of San Luis Obispo;
NOW, THEREFORE BE IT ORDAINED, by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Environmental Determination. The project is exempt from environmental
review per CEQA Guidelines under the General Rule (Section 15061(b)(3)). The project involves
updates and revisions to existing regulations. The proposed code amendments are consistent with
California Law, specifically the CA Health & Safety Code Sections 17958.7 and 18941.5. It can
be seen with certainty that the proposed Municipal Code text amendments will have no significant
effect on the environment.
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Ordinance No. 1690 (2019 Series) Page 2
O 1690
SECTION 2. The findings justifying previous changes and modifications to the adopted
construction and fire codes as contained in Ordinance No. 1033 (1985 Series), Ordinance No. 1105
(1987 Series), Ordinance No. 1169 (1990 Series), Ordinance No. 1170 (1990 Series), Ordinance
No. 1213 (1992 Series), Ordinance No. 1287 (1995 Series), Ordinance No. 1288 (1995 Series),
Ordinance No. 1336 (1998 Series), Ordinance No. 1353 (1999 Series), Ordinance No 1423 (2002
Series), Ordinance No. 1453 (2004 Series), Ordinance 1510 (2007 Series), Ordinance 1555 (2010
Series), Ordinance 1595 (2013 Series), and Ordinance 1630 (2016 Series), are hereby re-affirmed,
but are otherwise hereby superseded by this ordinance to the extent inconsistent herewith.
SECTION 3. The provisions of the State Building Standards Code are hereby modified,
changed and amended, as provided for in this ordinance, based upon the foregoing findings and
those set forth herein and that said Council takes said action because of the public interest in
protecting life and preserving public safety and property. The City Council hereby determines that
Sections 101.2, 105.2, 602.1, 705.11 903.2, 903.3.1.1, 903.4, 903.4.3, 905.3.1, 907.6.6, 910.3.2,
1030.1(2), 1506.3, 1804.3, 1804.4, 1809.7, Table 1809.7, 1907, 3109, G102.2, G501.1, G1001.3,
G1001.6, J101.1, J102, J103.1-J103.2, J104.2, J110.1 of the 2019 California Building Code,
Section R310.1, R313.3.3., R322.1, R337.1.2, R403 and R404 of the 2019 California Residential
Code, Section 314.4 and 715.2 of the 2019 California Plumbing Code, Article 230.70 (A)(1) of
the 2019 California Electrical Code, and Sections 302.1, 307.1.1, 307.2, 307.4.1, 307.4.2,
308.1.6.3, 405.7, 503.1, 503.1.1, 503.1.2, 503.2, 503.2.5, 503.4.1, 503.5, 503.6, 507.2, 507.5.4.1,
507.5.1, 603.1.4, 603.9, 608.1, 901.4.2, 901.4.4, 901.6, 903.2, 9 903.2.21, 903.2.22, 903.3.1.1,
903.3.1.1.1, 903.4, 903.4.3, 905.3.1, 907.6.6, 910.3.2.1, 1030.1(2), 2306.2, 2306.2.3, 2306.2.4,
2306.2.4.1, 2306.2.6, 3304.5, 3310.1, 3312.1, 4901.1, 4905.3, 5601.1, 5704.2.7, 5704.2.7.5.8,
5704.2.8.3, 5704.2.8.11, 5704.2.9, 5704.2.13.1.4, 5706.2.4, 5706.2.5, 6104.2, and Appendix
Sections B105.2, D103.1, D103.4, D103.6, D103.6.1, D103.6.2, D104.1, D105.2, D106.1 and
D107.1 of the 2019 California Fire Code are required to be modified due to the findings contained
herein to be more restrictive requirements than those set forth in the California State Building
Standards;
SECTION 4 - Findings. The City Council finds that each of the changes or modifications
to measures referred to therein are reasonably necessary because of local climatic, geological, or
topographical conditions in the area encompassed by the boundaries of the City of San Luis
Obispo, and the City Council further finds that the following findings support the local necessity
for the changes or modifications:
FINDING 1
That the City of San Luis Obispo is situated at the base of a watershed of the Santa Lucia Mountains
and that flooding of San Luis, Chorro, Stenner, Old Garden, and Brizzolara Creeks results in
conditions rendering fire department vehicular traffic unduly burdensome or impossible as
witnessed in major floods that occurred in 1952, 1961, 1969, 1973, 1978, 1982, and 1995.
Furthermore, flood conditions described above create the potential for overcoming the ability of
the fire department to aid or assist in fire control, evacuations, rescues and other emergency task
demands inherent in such situations. The resulting overburdening of fire department personnel
may cause a substantial or total lack of protection against fire for the buildings and structures
located in the City of San Luis Obispo. The afore-described conditions support the imposition of
fire protection requirements greater than those set forth in the California State Building Standards
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Code and, in particular, support the imposition of more restrictive requirements than set forth in
Sections 101.2, 602.1, 705.11, 903.2, 903.3.1.1, 903.3.1.1.1, 903.4, 903.4.3, 905.3.1, 907.6.6,
910.3.2, 1506.3, G102.2, G501.1, G1001.3, G1001.6, and of the 2019 California Building Code,
Sections R313.3.3 R322.1 and R337.1.2 of the 2019 California Residential Code, Article 230.70
(A)(1) of the 2019 California Electrical Code, and Sections 302.1, 307.1.1, 307.2, 307.4.1, 307.4.2,
308.1.6.3, 405.7, 503.1, 503.1.1, 503.1.2, 503.2, 503.2.5, 503.4.1, 503.5, 503.6, 507.2, 507.5.4.1,
507.5.1, 603.1.4, 603.9, 608.1, 901.4.2, 901.4.4, 901.6, 903.2, 9 903.2.21, 903.2.22, 903.3.1.1,
903.3.1.1.1, 903.4, 903.4.3, 905.3.1, 907.6.6, 910.3.2.1, 1030.1(2), 2306.2, 2306.2.3, 2306.2.4,
2306.2.4.1, 2306.2.6, 3304.5, 3310.1, 3312.1, 4901.1, 4905.3, 5601.1, 5704.2.7, 5704.2.7.5.8,
5704.2.8.3, 5704.2.8.11, 5704.2.9, 5704.2.13.1.4, 5706.2.4, 5706.2.5, 6104.2, and Appendix
Sections B105.2, D103.1, D103.4, D103.6, D103.6.1, D103.6.2, D104.1, D105.2, D106.1 and
D107.1 of the 2019 California Fire Code.
FINDING 2
The flood and rain events result in conditions wherein stormwater can inundate the wastewater
treatment system as witnessed in major floods that occurred in 1952, 1961, 1969, 1973, 1978,
1982, and 1995. Furthermore, rain events and flood conditions described above create a condition
referred to as Inflow and Infiltration (I/I) that allow rain and flood waters to flow and/or seep into
the wastewater system and overcome the ability of the wastewater collection system and Water
Reclamation Facility (WRF) to convey and treat sewage. The resulting overburdening of the
wastewater system can result in threats to public health, public and private property and water
quality and result in violations and fines from the State of California, the Environmental Protection
Agency (EPA) or others. The afore-described conditions support the imposition of code
requirements more restrictive than those set forth in Section 715.2 of the 2019 California Plumbing
Code.
FINDING 3
That the City of San Luis Obispo is situated near three major faults each capable of generating
earthquakes with a magnitude of 7.5. These are the San Andreas to the east of the City, the
Nacimiento-Rinconada that crosses Hwy 101 north of the City then parallels the City to the east,
and the Hosgri to the West. Other faults of importance are the Huasna and West Huasna to the
Southeast of the City, the San Simeon to the Northwest, and the Edna and Edna Extended faults
which enter the southern areas of the City. In as much as these faults are included as major
California earthquake faults, which are subject to becoming active at any time, the City of San
Luis Obispo is particularly vulnerable to devastation should such an earthquake occur. The
potential effects include isolating the City of San Luis Obispo from the North and South due to the
potential for collapsing of freeway overpasses or a slide on both the Cuesta and Ontario Grades
and the potential for horizontal or vertical movement of the Edna fault rendering surface travel
across the southern extremities of the city unduly burdensome or impossible. Additional potential
situations inherent in such an occurrence include loss of the City's two main water sources (the
Salinas and Whale Rock reservoirs), broken natural-gas mains causing structure and other fires,
leakage of hazardous materials, the need for rescues from collapsed structures, and the rendering
of first aid and other medical attention to large numbers of people. The protection of human life
and the preservation of property in the event of such an occurrence support the imposition of fire
protection requirements greater than those set forth in the California State Building Standards Code
and in particular support the imposition of more restrictive requirements than set forth in Sections
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101.2, 105.2, 602.1, 705.11, 903.2, 903.3.1.1, 903.4, 903.4.3, 905.3.1, 907.6.6, 910.3.2, and 1506.3
of the 2019 California Building Code, Section R313.3.3 and R337.1.2 of the 2019 California
Residential Code, Article 230.70 (A)(1) of the 2019 California Electrical Code, and 302.1, 307.1.1,
307.2, 307.4.1, 307.4.2, 308.1.6.3, 405.7, 503.1, 503.1.1, 503.1.2, 503.2, 503.2.5, 503.4.1, 503.5,
503.6, 507.2, 507.5.4.1, 507.5.1, 603.1.4, 603.9, 608.1, 901.4.2, 901.4.4, 901.6, 903.2, 9 903.2.21,
903.2.22, 903.3.1.1, 903.3.1.1.1, 903.4, 903.4.3, 905.3.1, 907.6.6, 910.3.2.1, 1030.1(2), 2306.2,
2306.2.3, 2306.2.4, 2306.2.4.1, 2306.2.6, 3304.5, 3310.1, 3312.1, 4901.1, 4905.3, 5601.1,
5704.2.7, 5704.2.7.5.8, 5704.2.8.3, 5704.2.8.11, 5704.2.9, 5704.2.13.1.4, 5706.2.4, 5706.2.5,
6104.2, and Appendix Sections B105.2, D103.1, D103.4, D103.6, D103.6.1, D103.6.2, D104.1,
D105.2, D106.1 and D107.1 of the 2019 California Fire Code.
FINDING 4
That the central commercial area in the City of San Luis Obispo consists of mixed conditions that
create the potential for possible conflagration, including congested streets during the business day,
numerous older buildings without adequate internal fire-resistivity, and contemporary low-rise
buildings. Significant spread of fire in said area will actually exceed the fire suppression
capabilities of regional firefighting personnel. The continued development of the San Luis Obispo
commercial area and the current and potential development of high---rise buildings pose a
substantial threat of fire to human life, public safety, and the preservation of property and support
the imposition of fire protection requirements greater than those set forth in the California State
Building Standards Code, and in particular, support the imposition of more restrictive requirements
than set forth in Sections 602.1, 705.11, 903.2, 903.3.1.1, 903.3.1.1.1, 903.4, 903.4.3, 905.3.1,
907.6.6, 910.3.2.1, 1030.1(2), and 1506.3 of the 2019California Building Code, Section R310.1,
R313.3.3 R322.1 and R337.1.2 of the 2019 California Residential Code, Article 230.70 (A)(1) of
the 2019 California Electrical Code, and Sections 302.1, 307.1.1, 307.2, 307.4.1, 307.4.2,
308.1.6.3, 405.7, 503.1, 503.1.1, 503.1.2, 503.2, 503.2.5, 503.4.1, 503.5, 503.6, 507.2, 507.5.4.1,
507.5.1, 603.1.4, 603.9, 608.1, 901.4.2, 901.4.4, 901.6, 903.2, 9 903.2.21, 903.2.22, 903.3.1.1,
903.3.1.1.1, 903.4, 903.4.3, 905.3.1, 907.6.6, 910.3.2.1, 1030.1(2), 2306.2, 2306.2.3, 2306.2.4,
2306.2.4.1, 2306.2.6, 3304.5, 3310.1, 3312.1, 4901.1, 4905.3, 5601.1, 5704.2.7, 5704.2.7.5.8,
5704.2.8.3, 5704.2.8.11, 5704.2.9, 5704.2.13.1.4, 5706.2.4, 5706.2.5, 6104.2, and Appendix
Sections B105.2, D103.1, D103.4, D103.6, D103.6.1, D103.6.2, D104.1, D105.2, D106.1 and
D107.1 of the 2019 California Fire Code.
FINDING 5
That the City of San Luis Obispo is bisected by a major freeway (Hwy 101), traversing in the
north/south direction and a major highway (Hwy 1) traversing in an east/west direction. The City
is also transected by a mainline railroad in the north/south direction. It is a frequent occurrence for
the aforementioned highways and railway to support the transportation of hazardous materials.
The potential for release or threatened release of a hazardous material along one of these routes is
highly probable given the volume of material transported daily. Incidents of this nature will
normally require all available emergency response personnel to prevent injury and loss of life, and
to prevent as far as practicable, property losses. Emergency personnel responding to said incidents
may be unduly impeded and delayed in accomplishing an emergency response as a result of this
situation, with the potential result of undue and unnecessary risk to the protection of life and public
safety, particularly in those buildings or structures without the protection of automatic fire
sprinklers. The above-described- problems support the imposition of fire protection requirements
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greater than those set forth in the California State Building Standards Code, and in particular
support the imposition of more restrictive requirements than set forth in Sections 602.1, 705.11,
903.2, 903.3.1.1, 903.4, 903.4.3, 905.3.1, 907.6.6, 910.3.2, and 1506.3 of the 2019 California
Building Code, Section R313.3.3 and R337.1.2 of the 2019 California Residential Code, Article
230.70 (A)(1) of the 2019 California Electrical Code, and 302.1, 307.1.1, 307.2, 307.4.1, 307.4.2,
308.1.6.3, 405.7, 503.1, 503.1.1, 503.1.2, 503.2, 503.2.5, 503.4.1, 503.5, 503.6, 507.2, 507.5.4.1,
507.5.1, 603.1.4, 603.9, 608.1, 901.4.2, 901.4.4, 901.6, 903.2, 9 903.2.21, 903.2.22, 903.3.1.1,
903.3.1.1.1, 903.4, 903.4.3, 905.3.1, 907.6.6, 910.3.2.1, 1030.1(2), 2306.2, 2306.2.3, 2306.2.4,
2306.2.4.1, 2306.2.6, 3304.5, 3310.1, 3312.1, 4901.1, 4905.3, 5601.1, 5704.2.7, 5704.2.7.5.8,
5704.2.8.3, 5704.2.8.11, 5704.2.9, 5704.2.13.1.4, 5706.2.4, 5706.2.5, 6104.2, and Appendix
Sections B105.2, D103.1, D103.4, D103.6, D103.6.1, D103.6.2, D104.1, D105.2, D106.1 and
D107.1 of the 2019 California Fire Code.
FINDING 6
That seasonal climatic conditions during the late summer and fall create numerous serious
difficulties in the control and protection against fire situations in the City of San Luis Obispo. The
hot, dry weather in combination with Santa Lucia (offshore) winds frequently results in wildland
fires in the brush-covered slopes on the Santa Lucia Mountains, San Luis Mountain, and the Irish
Hills areas of the City of San Luis Obispo. The aforementioned areas completely surround the
City. When a fire occurs in said areas, such as occurred in 1985 when the Los Pilitas fire burned
six days and entered the City and damaged many structures, the entirety of local fire department
personnel is required to control, monitor, fight and protect against such fire situations in an effort
to protect life and preserve property and watershed land. The same climatic conditions may result
in the concurrent occurrence of one or more fires in the more populated areas of the City without
adequate fire department personnel to protect against and control such a situation. Therefore, the
above---described findings support the imposition of fire-protection requirements greater than
those set forth in the California State Building Standards Code, and in particular support the
imposition of more restrictive requirements than set forth in Sections 602.1, 705.11, 903.2,
903.3.1.1, 903.4, 903.4.3, 905.3.1, 907.6.6, 910.3.2, 1030.1(2), and 1506.3.1 of the 2019 California
Building Code, Section 310.1, 313.3.3 and R337.1.2 of the 2019 California Residential Code,
Article 230.70 (A)(1) of the 2019 California Electrical Code, and Sections 302.1, 307.1.1, 307.2,
307.4.1, 307.4.2, 308.1.6.3, 405.7, 503.1, 503.1.1, 503.1.2, 503.2, 503.2.5, 503.4.1, 503.5, 503.6,
507.2, 507.5.4.1, 507.5.1, 603.1.4, 603.9, 608.1, 901.4.2, 901.4.4, 901.6, 903.2, 9 903.2.21,
903.2.22, 903.3.1.1, 903.3.1.1.1, 903.4, 903.4.3, 905.3.1, 907.6.6, 910.3.2.1, 1030.1(2), 2306.2,
2306.2.3, 2306.2.4, 2306.2.4.1, 2306.2.6, 3304.5, 3310.1, 3312.1, 4901.1, 4905.3, 5601.1,
5704.2.7, 5704.2.7.5.8, 5704.2.8.3, 5704.2.8.11, 5704.2.9, 5704.2.13.1.4, 5706.2.4, 5706.2.5,
6104.2, and Appendix Sections B105.2, D103.1, D103.4, D103.6, D103.6.1, D103.6.2, D104.1,
D105.2, D106.1 and D107.1 of the 2019 California Fire Code.
FINDING 7
That for the most part, the soils in the City of San Luis Obispo are medium to highly expansive in
nature, and such soils may cause damage to foundations, structures and underground utilities if not
properly mitigated through known construction techniques. Furthermore, a significant part of the
City lies on hills and rolling topography subject to earth slides and movements and present
problems to developments constructed in such areas due to surface water drainage and disposal.
The above-described conditions support the imposition of requirements more restrictive than those
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set forth in the California State Building Standards Code and, in particular, support the imposition
of greater requirements than those set forth in Sections 105.2, 1804.3, 1809.7, Table 1809.7, 1907,
3109, and Appendix Sections J101 J102, J103.1-J103.2, J104.2, J110.1 of the 2019 California
Building Code, Section R403 and R404 of the 2019 California Residential Code and Section 314.4
and 715.2 of the 2019 California Plumbing Code.
FINDING 8
In regards to the adoption of the Uniform Housing Code, the Uniform Code for the Abatement of
Dangerous Buildings, the International Property Maintenance Code, and Chapter 1.24 of this code,
it is hereby determined and found that the alternate abatement procedures and requirements
contained in these codes are equivalent to those provided by the State Housing Law (CCR, Title
25). These codes provide minimum fire, life safety, and sanitary standards and administrative
procedures for the maintenance of existing buildings.
FINDING 9
In regard to the amendments to California Building Code Sections 103.1, 104.10.2, 104.12,,
105.3.2, 105.3.3, 105.5, 105.7, 109.4, 109.4.1, 112.4, 112.5, 113, 116.1, 202, California
Residential Code Section R109.1.2, California Mechanical Code Chapter I Division II and Table
104.5, California Plumbing Code Chapter I Division II and Table 104.5 and IPMC Section 101.1,
these provisions are administrative in nature and do not constitute “building standards” as defined
by law, and therefore a finding of local necessity is not required.
SECTION 5. Chapter 15.02 of the San Luis Obispo Municipal Code is hereby amended
in its entirety to read as follows:
SECTION 15.02.010 ADOPTION OF CODES
Fourteen documents, three (3) each of which are on file in City offices, identified by the Seal of
the City of San Luis Obispo, marked and designated as the California Code of Regulations, Title
24, Parts 2, 2.5, 3, 4, 5, 6, 8, 9, 10, 11, and 12 also known as the California Building Standards
Code to include the 2019 editions of the California Building Code (Part 2, Volumes 1 and 2), the
California Residential Code (Part 2.5), and the California Fire Code (Part 9) published by the
International Code Council, the 2019 edition of the California Electrical Code (Part 3) published
by the National Fire Protection Association, the 2019 editions of the California Mechanical Code
(Part 4) and the California Plumbing Code (Part 5) published by the International Association of
Plumbing and Mechanical Officials, the 2019 edition of the California Energy Code (Part 6), the
California Green Building Standards Code (Part 11), the California Historical Building Code (Part
8), the California Existing Building Code (Part 10), the 2019 California Referenced Standards
Code (Part 12), the 2018 edition of International Property Maintenance Code (IPMC) published
by the International Code Council, and the 1997 editions of the Uniform Housing Code and the
Uniform Code for the Abatement of Dangerous Buildings published by the International
Conference of Building Officials are hereby adopted including chapters, sections and appendices
not adopted by agencies of the State of California. Furthermore, only the chapters, sections and
appendices of the 2019 California Residential Code and the 2019 California Green Building
Standards Code adopted by the State of California are hereby adopted. These regulations
collectively will be known as the Building Construction and Fire Prevention Regulations of the
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City of San Luis Obispo. The provisions of such are hereby referred to, adopted, and made a part
hereof as if fully set out in this Chapter except as modified hereinafter.
SECTION 15.02.020 VIOLATION PENALTIES
Persons who shall violate a provision of the California Fire Code or shall fail to comply with any
of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the
approved construction documents or directive of the fire code official, or of a permit or certificate
used under provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not
more than 1,000 dollars or by imprisonment not exceeding one year, or both such fine and
imprisonment. Each day that a violation continues after due notice has been served shall be deemed
a separate offense.
SECTION 6. Chapter 15.04 of the San Luis Obispo Municipal Code is hereby amended
in its entirety to read as follows:
SECTION 15.04 CONSTRUCTION AND FIRE PREVENTION REGULATIONS
SECTION 15.04.010 BUILDING OFFICIAL AND FIRE CODE OFFICIAL DESIGNATED
The Chief Building Official is hereby designated as the building official and code official for the
City of San Luis Obispo. The Fire Chief is hereby designated as the fire code official for the City
of San Luis Obispo. Where the “authority having jurisdiction” is used in the adopted codes, it shall
mean the building official or fire code official, as applicable.
SECTION 15.04.020 AMENDMENTS; CALIFORNIA BUILDING CODE
A. Delete Appendixes A, B, D, E, H, K and M.
B. Amend Chapter 1, Division II, Section 101.2 to read as follows:
101.2 Scope. The provisions of this code shall apply to the construction, alteration,
relocation, enlargement, replacement, repair, equipment, use and occupancy, location,
maintenance, removal and demolition of every building or structure, including pre-
manufactured shipping containers, or any appurtenances connected to or attached to such
buildings or structures.
Exception: The provisions of the California Residential Code for One- and Two-family
Dwellings shall apply to the construction, alteration, movement, enlargement, replacement,
repair, equipment, use and occupancy, and location of detached one- and two-family
dwellings and townhouses not more than three stories above grade plane in height with a
separate means of egress and their accessory structures not more than two stories above
grade plane in height and 3000 sq. ft. in area.
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C. Amend Chapter 1, Division II, Section 103.1 to read as follows:
103.1 Creation of enforcement agency. The Building and Safety Division is
hereby created and the official in charge thereof shall be known as the building official.
D. Add Chapter 1, Division II, Section 104.10.2 to read as follows
104.10.2 Alternate Means and Methods Fee. When a request for approval of an
Alternate Means and Methods is proposed under Section 104.10, an Alternate Means
and Methods fee shall be paid at the time of submitting the documents for review. Said
fee shall be in accordance with the schedule as established by the applicable governing
authority.
E. Add Chapter 1, Division II, Section 104.12 to read as follows:
104.12 Airspace subdivisions. The building official shall have the authority to
apply the building ordinances of the City of San Luis Obispo and those building
regulations mandated by State law to be enforced by the local agency to buildings and
structures containing one or more airspace lots as defined in this code so as to treat the
entirety of such buildings or structures as if they were on or within a single lot,
provided:
1. That such buildings or structures or portions thereof would otherwise conform
to such ordinances and regulations, but for the creation of such airspace lots;
and
2. That a covenant agreement, in a form designed to run with the land and
satisfactory to the Community Development Director, be recorded with the
Office of County Recorder and a copy filed with the Community Development
Department by the owners binding themselves and future owners and assigns
to keep, preserve and maintain all portions of such buildings or structures in
accordance with and pursuant to such building ordinances and regulations.
F. Amend Chapter 1, Division II, Section 105.2 Building items 1, 2 and 5 to read as
follows:
Work exempt from permit.
Building:
1. One-story detached accessory structures associated with an R-3 occupancy
building used as tool and storage sheds, playhouses and similar uses, provided the
floor area is not greater than 120 square feet (11 m2). Maximum building height
shall be 12 ft. above grade to highest point of structure. Such structure must comply
with all provision of Title 17 of the Municipal Code.
2. Fences not over 6 feet high constructed of conventional lightweight materials
including wood, vinyl, and wrought iron.
5. A water tank or a group of water tanks intended for storage of irrigation water
only supported directly on grade if the capacity does not exceed 600 gallons in total
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on a parcel, the height does not exceed seven feet, and the ratio of height to width
does not exceed 2:1 (provided that water tanks with minor ratio deviances may be
allowed under this section in the discretion of the Chief Building Official, subject
to review of the deviation by the Chief Building Official and verification that such
minor deviations do not adversely impact structural stability), and it is not visible
from the public right-of way that abuts the front yard.
G. Amend Chapter 1, Division II, Section 105.3.2 to read as follows:
105.3.2 Time limitation of application. An application for a permit for any proposed
work shall be deemed to have been abandoned 180 days after the date of filing, unless
such application has been pursued in good faith or a permit has been issued; except that
the building official is authorized to grant one or more extensions of time for additional
periods not exceeding 180 days. The extension shall be requested in writing and
justifiable cause demonstrated. In order to renew action on an application after
expiration, the applicant shall resubmit plans and pay a new plan review fee if
additional review by the City is necessary. An application for a permit that is abandoned
after adoption of new mandatory building codes by the State may not be extended and
must comply with the new regulations.
H. Add Chapter 1, Division II, Section 105.3.3 to read as follows:
105.3.3 Plan review fees. When submittal documents are required by Section 107.1,
a plan review fee shall be paid at the time of submitting the submittal documents for
plan review. Said plan review fee shall be in accordance with the schedule as
established by the applicable governing authority.
Separate plan review fees shall apply to permits for retaining walls and major drainage
structures in conjunction with grading. For excavation and fill on the same site, the
plan review fee for grading shall be based on the volume of excavation or fill,
whichever is greater.
The plan review fees specified in this section are separate fees from the permit fees
specified in Section 109.2 and are in addition to the permit fees.
Where submittal documents are incomplete or changed so as to require additional plan
review, or where the project involves deferred submittal items as defined in Section
107.3.4.1, an additional plan review fee may be charged at a rate established by the
applicable governing authority.
I. Amend Chapter 1, Division II, Section 105.5 to read as follows
105.5 Expiration. Every permit issued shall become invalid unless the work on the
site authorized by such permit is commenced within 180 days after its issuance, or if
the work authorized on the site by such permit is suspended or abandoned for a period
of 180 days after the time the work is commenced. Work shall be deemed abandoned
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if an inspection required to be performed under the work authorized by the permit is
not approved within 180 days of the most recent prior approved inspection. The
building official is authorized to grant, in writing, one or more extensions of time, for
periods not more than 180 days each. The extension shall be requested in writing and
justifiable cause demonstrated. A permit that is abandoned after adoption of new
mandatory building codes by the State may not be extended and must be submitted for
review to comply with the new regulations.
Permits issued to correct code violations pursuant to a code enforcement case shall be
valid for a period of 90 days. Extensions to the permit may be granted at the discretion
of the building official. Performance or approval of a required inspection will not
automatically extend the permit.
J. Amend Chapter 1, Division II, Section 105.7 to read as follows:
105.7 Placement and Posting of Permit. A copy of the issued job posting card
shall be displayed on the construction site within 20 feet of the curb and shall be
visible and accessible to the public from the public right of way until completion of
the project.
K. Amend Chapter 1, Division II, Section 109.4 to read as follows:
109.4 Work Commencing Before Permit Issuance. Any person who
commences any work on a building, structure, electrical, gas, mechanical or plumbing
system before obtaining the necessary permits shall be subject to a special investigation
fee. Special Investigation fees are equal to 100% of the normally established permit fee
and are in addition thereto, unless a lessor amount is determined to be appropriate by
the building official. The building official may waive all or a portion of the special
investigation fee in the following cases:
1. Where a property owner inherits unpermitted construction through the purchase of
a property and voluntarily seeks a permit following initial discovery or notification of
the violation.
2. When a property owner commences emergency repairs to protect life or property
without first obtaining a permit during an emergency situation such as a natural disaster
or severe weather conditions, provided that the property owner obtains a permit for
such repairs as soon as practicable thereafter and no enforcement action is required.
3. In other cases where the building official determines that unpermitted work did not
result from an intent to avoid compliance with building codes or permit requirements.
L. Add Chapter 1, Division II, Sections 109.4.1 to read as follows:
109.4.1 Code Enforcement Investigation Fee. When work requiring a permit is
discovered and through the investigation of the Code Enforcement Division a person
obtains the necessary permits to correct the work performed, a Code Enforcement Fee
will be required at a rate established by the applicable governing authority. This fee is
in addition to the Special Investigation Fee.
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M. Add Chapter 1, Division II, Sections 111.3.1 to read as follows:
111.3.1 Temporary Certificate of Occupancy Fee. When an applicant wishes to
receive permission to occupy a structure and they have not completed the work
required under their permit and they request a temporary certificate of occupancy for
limited use of the building, a fee shall be required for preparation of the agreement
and certificate for the limited use of the building. Such fee shall be set at a rate
established by the applicable governing authority. Additional inspections required to
verify compliance with the temporary occupancy shall be required to be paid in
advance at the current hourly inspection rate.
N. Add Chapter 1, Division II, Sections 112.4 and 112.5 to read as follows:
112.4 Underground utility services. All new electric, telephone, television, and
other communication service connections, for all new, altered, or enlarged buildings
shall be provided by underground wiring. Extension of electric or communication
distribution lines to serve such projects shall be by underground wiring.
Exceptions:
1. A building located in residential or conservation/open space zone
established by the jurisdiction's zoning regulations, provided that there are
existing buildings on the property that are served by overhead connection
lines.
2. Replacement or relocation of electric service equipment served by existing
overhead wiring.
3. Where determined by the building official to be impractical or infeasible
within the standards and practices of the utility or other companies
providing such services.
Where the utility or other company's distribution system is underground, the service
lines shall terminate at a connection point designated by the utility company. Where
the utility or other company's distribution is overhead, the service lines shall terminate
as a pole riser on a pole designated by the utility company.
112.5 Storage of solid waste containers. All new Group R, Division 3
occupancies shall provide a space adequate in size to store and screen all solid waste
(trash, recycling and green waste) containers when viewed from the public right-of-
way. The storage area shall have minimum dimensions of 3 feet (914 mm) by 8 feet
(2438 mm) or 6 feet (1829 mm) by 6 feet (1829 mm) and shall not conflict with required
parking spaces. If the storage area is located in the front yard setback established by
other ordinances, the storage area shall be screened by a fence, partition or other
enclosure in compliance with maximum height limitations. In no case shall a partition
or enclosure required by this section be less than 48 inches (1219 mm) above adjacent
grade.
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O. Amend Chapter 1, Division II, Section 113 to read as follows:
113.1 General. In order to hear and decide appeals of orders, decisions or
determinations made by the building official, code official or fire code official relative
to the application and interpretations of the California Building Standards Code, the
Uniform Housing Code, the Uniform Code for the Abatement of Dangerous Buildings,
and the International Property Maintenance Code, there shall be and is hereby created
a Board of Appeals. Said Board shall also serve as the Housing Appeals Board and the
Local Accessibility Appeals Board referenced in the California Building Standards
Code. The building official or fire code official shall be an ex officio member and shall
act as secretary to said board but shall have no vote upon any matter before the board.
The Board of Appeals shall be appointed by the applicable governing authority and
shall hold office at its pleasure. The board shall adopt rules of procedure for conducting
its business.
113.2 Limitations on authority. An application for appeal shall be based on a
claim that the true intent of this code or the rules legally adopted hereunder have been
incorrectly interpreted, the provisions of this code do not fully apply, or an equally
good or better form or construction is proposed. The board shall have no authority to
waive requirements of this code. For appeals relating to accommodations for the
disabled, the authority of the board shall include the ability authorize reasonable
alternatives to disabled access requirements imposed by the California Building
Standards Code.
113.3 Qualifications. The board of appeals shall consist of seven members, five
of which who are qualified by experience and training to pass on matters pertaining to
building construction and building service equipment, hazards of fire, explosions,
hazardous conditions or fire protection systems and are not employees of the
jurisdiction. For matters subject to the appeal process referenced in H & S Code
19957.5 paragraph (b) regarding accommodations for persons with physical
disabilities, the board of appeals shall include two additional members who shall be
persons with disabilities as defined in the California Building Code.
113.4 Fees. A fee titled “Appeal of Building Official Decision” or “Handicapped
Board of Appeals” shall be collected for appeal of a decision of the building official,
code official or fire code official to the appropriate board of appeals.
P. Amend Chapter 1, Division II, Section 116.1 of to read as follows:
116.1 Conditions. Structures or existing equipment that are or hereafter become
unsafe, unsanitary or deficient because of inadequate means of egress facilities,
inadequate light and ventilation, or which constitute a fire hazard, or are otherwise
dangerous to human life or public welfare, or that involve illegal or improper
occupancy or inadequate maintenance, shall be deemed an unsafe condition. Unsafe
structures shall be taken down and removed or made safe, as the building official deems
necessary and as provided for in this section and the Uniform Housing Code, the
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Uniform Code for the Abatement of Dangerous Buildings, and the International
Property Maintenance Code, as adopted. A vacant structure that is not secured against
entry shall be deemed unsafe.
Q. Amend Section 202 by addition of the definitions for Boarding House, Airspace Lot
and Airspace Subdivision and Rainwater Harvesting System to read as follows:
Boarding House. A building arranged or used for lodging for compensation, with or
without meals, and not occupied as a single-family unit. A boarding house may have
only one kitchen or facility for eating and cooking and such facility must be accessible
to all residents or guests. See also definition of Congregate Residence.
Lot, Airspace. A division of the space above or below a lot with finite width, length
and upper and lower elevation occupied or to be occupied by a use, building or portion
thereof, group of buildings or portions thereof, and accessory buildings or portions
thereof, or accessory uses. An Airspace lot shall be identified on a final map or a parcel
map in the office of the County Recorder with a separate and distinct number or letter.
An Airspace lot shall have access to appropriate public rights of way by means of one
or more easements or other entitlements to use in a form satisfactory to the Chief
Building Official and the City Engineer.
Rainwater Harvesting System. A storm drainage collection system that collects
rainwater from the roof area of a structure or structures as recommended by the
American Rainwater Catchment System Association (ARCSA) guidelines or an
equivalent standard as approved by the Building Official and the San Luis Obispo
County Environmental Health Department. See also definition of Rainwater Catchment
System.
Subdivision, Airspace. An airspace subdivision shall be as defined in Chapter 16 of
the San Luis Obispo Municipal Code.
R. Add Section 602.1.2 to read as follows:
602.1.2 Commercial fire zone. Construction of interior walls, floors, ceilings and
partitions as a part of additions or alterations to any existing building or structure
located within the commercial fire zone shown in Figure 6-A shall be constructed with
5/8" Type "X" gypsum wallboard or its equivalent regardless of all other lesser
minimum requirements to the contrary.
Exception: Buildings protected throughout by an approved automatic fire sprinkler
system.
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FIGURE 6-A – COMMERCIAL FIRE ZONE
S. Amend Section 705.11 by addition of item 7 to the Exceptions to read as follows:
7. The building is protected throughout by an approved automatic fire sprinkler system.
T. Delete Sections 903.2 through 903.2.10.1. Add new Sections 903.2 and 903.2.1
through 903.2.10.1 to read as follows:
903.2 Where required. An approved automatic fire sprinkler system shall be
installed:
1. Throughout new buildings.
Exceptions:
1. Buildings containing Groups A, B, E, F, H-4, M, S, and U
occupancies where floor area is not more than 1000 square feet (92.9
m2), unless located in the commercial fire zone shown in Figure 6-
A.
2. Buildings of non-combustible construction located in the
commercial fire zone shown in Figure 6-A containing Groups A, B,
E, F, H-4, M, S, and U occupancies where floor area is not more
than 1000 square feet (92.9 m2).
3. Buildings located in the commercial fire zone shown in Figure 6-A
containing Groups A, B, E, F, H-4, M, S, and U occupancies where
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floor area is not more than 1000 square feet (92.9 m2) and the
building is entirely surrounded by yards or public ways not less than
20 feet (6096 mm) in width.
2. Throughout an existing building whenever alterations or additions result in an
increase of more than 1000 square feet (92.9 m2) of floor area, including
mezzanines or additional stories, or whenever the cost of alterations to an
existing building having a floor area of more than 1000 square feet (92.9m 2)
exceeds 50 percent of the replacement cost of the building as determined by the
building official. The cost of alteration and increase in floor area shall include
all corresponding data from permits issued to the building for the previous five
years.
Exception: Group R, Division 3 and Group U occupancies.
3. In additions to existing buildings equipped with an automatic fire sprinkler
system.
4. Throughout an existing building where there is an occupancy classification
change for floor area exceeding 1000 square feet (92.9m2). The provisions of
Section 3406.1 shall not eliminate the requirement for an automatic fire
sprinkler system.
Exceptions:
1. An attached Group U occupancy changed to a Group R, Division 3
occupancy, provided the building was constructed before July 7,
1990 and there is no increase in floor area.
2. Occupancy classification changes to Groups F, M, S, and U from
an equivalent category as defined in previous editions of this code.
5. In buildings where cellulose nitrate film or pyroxylin plastics are manufactured,
stored or handled.
For the purpose of requiring the automatic fire sprinkler systems specified in this
chapter, the floor area within the surrounding exterior walls together with the floor area
within the horizontal projection of the roof shall be considered as one building.
903.2.1 through 903.2.10 not used. Text continues with Section 903.2.11.
U. Amend Sections 903.3.1.1 and 903.3.1.1.1 to read as follows:
903.3.1.1 NFPA 13 sprinkler systems. Where other provisions of this code require
that a building or portion thereof be equipped throughout with an automatic sprinkler
system in accordance with this section or where a building is considered as mixed
occupancy due to the presence of two or more uses that are classified into different
occupancy groups, sprinklers shall be installed throughout in accordance with NFPA 13
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as amended in Chapter 35 except as provided in Section 903.3.1.1.1. Sprinkler system
designs referenced in Sections 903.3.5.2 and 903.3.8 shall require special approval by
the fire code official.
903.3.1.1.1 Exempt locations. In other than Group I-2, I-2.1 and I-3 occupancies,
automatic sprinklers shall not be required in the following rooms or areas where such
rooms or areas are protected with an approved alternative automatic fire extinguishing
system in accordance with Section 904. Sprinklers shall not be omitted from any room
merely because it is damp, of fire-resistance-rated construction or contains electrical
equipment.
1. Any room where the application of water, or flame and water, constitutes a
serious life or fire hazard.
2. Any room or space where sprinklers are considered undesirable because of the
nature of the contents, when approved by the fire code official, provided such
rooms or areas are separated from the remainder of the building by fire barriers
consisting of not less than 1-hour fire-resistance-rated walls and 2-hour fire-
resistance–rated floor/ceiling assemblies.
3. Generator and transformer rooms separated from the remainder of the building
by walls and floor/ceiling or roof/ceiling assemblies having a fire-resistance
rating of not less than 2 hours.
V. Amend Section 903.4 to read as follows, with Exceptions to remain:
903.4 Sprinkler system monitoring and alarms. All valves controlling the water
supply for automatic sprinkler systems, pumps, tanks, water levels and temperatures,
critical air pressures, and water-flow switches on all sprinkler systems shall be
electrically supervised by a central station service listed by Underwriters Laboratories
for receiving fire alarms in accordance with NFPA 72. The central station shall contact
and notify the police/fire dispatch center immediately on notification of an alarm and
prior to making contact with the protected premises.
W. Amend Section 903.4.3 and add Exception to read as follows:
903.4.3 Isolation control valves. Approved supervised indicating control valves shall
be provided at the point of connection to the riser on each floor in all buildings two or
more stories in height or in single-story buildings having a gross floor area of 10,000
square feet or more zoned into no more than 5,000 square- foot areas for the purpose
of maintaining system integrity for life safety and evacuation.
Exception: Isolation control valves may be omitted in buildings equipped with an
automatic fire extinguishing system installed in accordance with Section 903.3.1.3.
X. Amend Section 905.3.1 to read as follows, with Exceptions to remain:
905.3.1 Building Height. Class III standpipe systems shall be installed throughout
buildings where the floor level of the highest story is located more than 30 feet (9144
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mm) above the lowest level of the fire department vehicle access, or where the floor
level of the lowest story is located more than 30 feet (9144 mm) below the highest level
of fire department vehicle access and in any parking structure exceeding one level
above or one level below grade.
Y. Amend Section 907.6.6 to read as follows:
907.6.6 Monitoring. Fire alarm systems required by this chapter or by the California
Building Code or the California Fire Code shall be monitored by an approved central
station service listed by Underwriters Laboratory for receiving fire alarms in
accordance with NFPA 72. The central station shall contact and notify the police/fire
dispatch center immediately on notification of an alarm and prior to making contact
with the protected premises.
Exception: Supervisory service is not required for:
1. Single and multiple station smoke alarms required by Section 907.2.11.
2. Group I-3 occupancies shall be monitored in accordance with Section
907.2.6.3.
3. Automatic sprinkler systems in one and two-family dwellings.
Z. Add Section 910.3.2.1 to read as follows:
910.3.2.1 Sprinklered buildings. Where installed in buildings equipped with an
approved automatic sprinkler system, smoke and heat vents shall be designed to operate
automatically by actuation of a heat responsive device rated at least 100 degrees above
the operating temperature of the sprinkler heads.
AA. Delete Section 1030.1 Item 2, Exception 6
BB. Add Section 1506.3.1 to read as follows:
1506.3.1 Wood shake and shingle roof covering limitations. Wood shake or shingle
roof coverings shall not be installed on any building.
Exception: A wood shake or wood shingle system listed as a Class A-rated roof
covering.
CC. Add Section 1804.4.2 to read as follows:
1804.4.2 Drainage. Provisions shall be made for the control and drainage of surface
water around buildings. Drainage systems necessary shall be adequate to prevent water
from entering and accumulating under the building. Drainage water from
improvements and land contour changes shall not drain onto or across adjacent
properties except in recorded drainage easements, natural waterways, or where the
discharge is designed in accordance with the Drainage Design Manual.
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DD. Add Section 1809.7.1 to read as follows:
1809.7.1 Depth of isolated footings. Isolated footings and piers, exterior of perimeter
foundation, shall have a minimum depth of 24 inches (609.6 mm) below the lowest
adjacent natural undisturbed grade.
EE. Modify Table 1809.7 to read as follows:
TABLE 1809.7
FOOTINGS SUPPORTING WALLS OF LIGHT-FRAME CONSTRUCTION a b c d e h
NUMBER OF FLOORS
SUPPORTED BY THE
FOOTING f
WIDTH OF FOOTING
(inches)
THICKNESS OF
FOOTING
(inches)
DEPTH BELOW GRADE
(inches)
Perimeter Interior
1 12 6 21 12
2 15 8 24 18
3 18 8g 30 24
a Depth of footings shall be in accordance with Section 1809.4.
b The ground under the floor shall be permitted to be excavated to the elevation of the top of the footing.
c Interior stud bearing walls shall be permitted to be supported by isolated footings. The footing width and length shall be twice
the width shown in this table and the footings shall be spaced not more than 6 feet on center.
d See section 1905 for additional requirements for concrete footings of structures assigned to Seismic Design Category C, D, E
or F.
e For thickness of foundation walls see section 1807.1.6.
f Footings shall be permitted to support a roof in addition to the stipulated number of floors. Footings supporting roofs only shall
be as required for supporting one floor. Slabs supported on grade need not be considered a floor for purposes of footing depths
and widths.
g Plain concrete footings for Group R-3 occupancies shall be permitted to be 6 inches thick.
h A grade beam 12" in width shall be provided at garage openings. Depth shall be as specified in this table.
FF. Amend Section 1907 to read as follows:
1907.1 General. The thickness of concrete floor slabs supported directly on the
ground shall be not less than 4 inches (101.6 mm). Concrete floor slabs shall be
underlain with a minimum of 4 inches (101.6 mm) of clean granular material. A 6-mil
(0.006 inch; 0.15 mm) polyethylene vapor retarder with joints lapped not less than 6
inches (152 mm) shall be placed between the base course or subgrade and the concrete
floor slab, or other approved equivalent methods or materials shall be used to retard
vapor transmission through the floor slab.
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Exception: A vapor retarder is not required:
1. For detached structures accessory to occupancies in Group R-3, such as
garages, utility buildings or other unheated facilities.
2. For unheated storage rooms having an area of less than 70 square feet (6.5
m2) and carports attached to occupancies in Group R-3.
3. For buildings or other occupancies where migration of moisture through the
slab from below will not be detrimental to the intended occupancy of the
building.
4. For driveways, walks, patios and other flatwork which will not be enclosed
at a later date.
5. Where approved based on local site conditions.
1907.2 Minimum reinforcing. Minimum reinforcing for slabs on grade shall be No.
3 bars at 24 inches (609.6 mm) on center each way placed at midpoint of slab thickness.
Slab reinforcement shall extend to within 2 inches (50.8 mm) of the exterior edge of
slabs.
1907.3 Slab to foundation connection. Tie bar reinforcing between slabs on grade
and foundation stem walls shall be No. 3 bars at 24 inches (609.6 mm) on center, placed
in foundation walls and bent at least 24 inches (609.6 mm) into the slabs and tied to the
slab reinforcing.
Exception: Floating slabs justified by an engineered design.
1907.4 Moisture content. Moisture content for expansive soils shall be 100 percent
of optimum to a depth of 18 inches (609.6 mm) below slab bottoms and shall be
maintained until slabs are poured. Soils under slabs shall be tested for moisture content
and slabs shall be poured within 24 hours of obtaining the required moisture content.
The area under raised floors need not be premoistened.
1907.5 Penetrations. Openings in slabs on grade for bathtub piping and traps,
planters or other similar uses shall be sealed with concrete not less than 2 inches (50.8
mm) in thickness.
Exception: Plastic tub boxes may be used in lieu of concrete if properly sealed
around all edges and pipe penetrations.
GG. Add Sections 3109.3 through 3109.5 to read as follows:
3109.3 Access to pool. Pools shall be accessible by means of ladders or steps.
There shall be not less than one such access for each 300 square feet (27.87 m2) of pool
area equally distributed around the perimeter.
3109.4 Lighting. Pools shall be equipped with artificial lighting adequate to
illuminate all underwater areas.
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3109.5 Abandoned pools. A pool that is not used, is neglected, and is a hazard to
health and safety, shall be filled to the satisfaction of the building official. Before
filling, holes shall be made in the bottom of the pool to insure proper drainage.
Abandoned pools determined to be unsafe by the building official shall be abated in
accordance with the International Property Maintenance Code.
HH. Amend Appendix Section G102.2 to read as follows:
G102.2 Establishment of flood hazard areas. Flood hazard areas are established in
the current edition of the City of San Luis Obispo’s Flood Insurance Rate Maps. All
construction work within designated flood hazard areas shall comply with the
Floodplain Management Regulations contained in San Luis Obispo Municipal Code
Section 17.84.
For the enforcement provisions of this appendix for flood resistant construction under
the purview of the City Engineer, Building Official may mean City Engineer.
II. Amend the title of Appendix Section G501 to read as
“BUILDINGS AND MANUFACTURED HOMES”
JJ. Amend Appendix Section G501.1 to read as follows:
G501.1 Elevation. All new and replacement buildings and/or manufactured homes
to be built, placed or substantially improved within a flood hazard area shall comply
with the Floodplain Management Regulations contained in San Luis Obispo Municipal
Code Section 17.84.
KK. Amend Appendix Section G1001.3 to read as follows:
G1001.3 Elevation. Utility and miscellaneous Group U buildings and structures,
including substantial improvement of such buildings or structures, shall comply with
the Floodplain Management Regulations contained in San Luis Obispo Municipal Code
Section 17.84.
LL. Amend Appendix Section G1001.6 to read as follows:
G1001.6 Protection of mechanical and electrical systems. New or replacement
electrical equipment, heating, ventilating, air conditioning, and other service facilities
shall be either protected or elevated to at least 1 foot above base flood elevation in
conformance to San Luis Obispo Municipal Code Section 17.84. Sewer laterals shall
be protected with backwater valves where the finish floor of the structure is located less
than 1’ above the BFE at the next upstream sewer manhole.
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MM. Amend Appendix Section J101.1 to read as follows:
J101.1 Scope. The provisions of this chapter apply to grading, excavation and
earthwork construction, including fills, embankments, and work within waterways.
Where conflicts occur between the technical requirements of this chapter and the
geotechnical report, the geotechnical report shall govern. This appendix recognizes the
importance of the waterways of the city and the need to regulate all changes to these
waterways.
For the enforcement provisions of this appendix for grading in new subdivisions under
the purview of the City Engineer, building official shall mean city engineer.
NN. Add Appendix Sections J101.3 through J101.7 to read as follows:
J101.3 Hazardous conditions. Whenever the building official determines that any
existing excavation or embankment or fill on private property has become a hazard to
life and limb, or endangers property, or adversely affects the safety, use or stability of
a public way or drainage channel, the owner of the property upon which the excavation
or fill is located, or other person or agent in control of said property, upon receipt of
notice in writing from the building official, shall within the period specified therein
repair or eliminate such excavation or embankment so as to eliminate the hazard and
be in conformance with the requirements of this code.
J101.4 Dust control. All graded surfaces shall be wetted, protected or contained
in such manner as to prevent dust or spill upon any adjoining property or street.
J101.5 Emergency grading. The building official may authorize emergency
grading operations upon any site when necessary for the protection of the public health,
safety and welfare. Other city departments may take emergency action necessary to
protect public facilities.
J101.6 Special grading standards. The topography of a site proposed for
development shall remain substantially in its natural state. Mass recontouring shall not
be allowed. In all cases the average cross slope of a site shall be determined prior to
any grading operations or approval of any grading plan. Where a site does not slope
uniformly, the building official or city engineer shall determine average cross slope by
proportional weighting of the cross slopes of uniformly sloping subareas. The
percentage of the site, exclusive of building area, to remain in its natural state shall be
in accordance with Table J101.6.
All graded planes shall be rounded on all edges to blend with natural slopes. The
rounded edges shall have a radius equal to one-half the height of the cut or fill slope.
Exception: Grading specifically approved and/or conditioned in conjunction with a
tentative subdivision map, development proposal, or similar entitlement consistent with
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General Plan policies and other hillside standards is not subject to the specific grading
limitations noted in this section.
J101.7 Approval for building construction. Prior to commencement of any
building construction, pursuant to a building permit for the graded site, a benchmark
shall be provided to verify that the building site is graded in conformance with the
approved grading plan. No building construction shall be started until the building
official or city engineer has verified that the rough grading conforms to the approved
plan, including any interim or permanent erosion control measures deemed necessary.
OO. Amend Appendix Section J102 by addition of the following definitions:
AVERAGE CROSS SLOPE shall mean the ratio, expressed as a percentage, of the
vertical difference in elevation to the horizontal distance between two points on the
perimeter of the area, with the line connecting the two points being essentially
perpendicular to the contours between the two points. Different portions of any area
may have different average cross slopes.
WATERWAY shall mean a well-defined natural or manmade channel, creek, river,
lake or swale that conveys surface water, storm runoff, or other natural drainage either
year-round or intermittently.
PP. Amend Appendix Section J103 to read as follows:
J103.1 Permits required. Except as exempted in Section J103.2, no grading shall
be performed without first having obtained a permit therefore from the building official.
A grading permit does not include the construction of retaining walls or other
structures. A grading permit shall be required for all work within any waterway,
including, but not limited to, earthwork, construction of drainage devices or erosion
control devices, removal of vegetation and modifications of banks and the bottom of
the waterway which may in the natural course of events lead to changes in flow
characteristics. A grading permit shall be required for all work that will create a
stockpile of any earth material, subject to the surety bond required by Section J103.4
to guarantee restoration of the site to a natural or other condition acceptable to the
building official.
J103.2 Exempted Work. A grading permit shall not be required for the following:
1. Grading in an isolated, self-contained area, provided there is no danger to the
public, and that such grading will not adversely affect adjoining properties.
2. Excavation for construction of a structure permitted under this code.
3. Cemetery graves.
4. Refuse disposal sites controlled by other regulations.
5. Excavations for wells, or trenches for utilities.
6. Mining, quarrying, excavating, processing, or stockpiling of rock, sand, gravel,
aggregate, or clay controlled by other regulations, provided such operations do
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not affect the lateral support of, or significantly increase stresses in, soil on
adjoining properties.
7. Exploratory excavations performed under the direction of a registered design
professional.
8. An excavation which does not exceed fifty cubic yards and (1) is less than 2
feet (610 mm) in depth or (2) does not create a cut slope greater than 5 feet
(1524 mm) in height and steeper than 1-unit vertical to 2 units horizontal.
9. A fill less than 1 foot (305 mm) in depth and placed on natural terrain with a
slope flatter than 1 unit vertical to 5 units horizontal, or less than 3 feet (914
mm) in depth, not intended to support structures, that does not exceed 50 cubic
yards (38.3 m3) on any one lot and does not obstruct a drainage course.
10. Routine streambed silt removal and vegetation control approved by the City
Engineer.
Exemption from the permit requirements of this appendix shall not be deemed to grant
authorization for any work to be done in any manner in violation of the provisions of
this code or any other laws or ordinances of this jurisdiction.
J103.3 Early grading. A grading permit shall not be issued prior to issuance of a
building permit for the project unless:
1. A tentative minor subdivision or tract map, use permit, architectural review
commission project approval or similar authorization has been granted; and
2. Related street and utility grades have been established; and
3. A surety bond in accordance with Section J103.4 is deposited to guarantee
restoration of the site to a natural or other condition acceptable to the building
official should the project not proceed to completion.
J103.4 Bonds. The building official may require bonds in such form and amounts
as may be deemed necessary to ensure that the work, if not completed in accordance
with the approved plans and specifications, will be corrected to eliminate hazardous
conditions or restore a graded site to the original condition. In lieu of a surety bond,
the applicant may file a cash bond or instrument of credit with the building official in
an amount equal to that which would be required in the surety bond.
The city engineer may require that bonds be posted to recover the full costs of any
damage to public right-of-way which may occur because of the peculiar nature or large
scope of the project, such as transportation of fill or heavy equipment on local streets
not designed to accommodate the traffic.
QQ. Amend Appendix Section J104.2 to read as follows:
J104.2 Site plan requirements. In addition to the provisions of Appendix Section
107, a grading plan shall show the existing grade and finished grade in contour intervals
of sufficient clarity to indicate the nature and extent of the work and show in detail that
it complies with the requirements of this code. The plans shall show the existing grade
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on adjoining properties in sufficient detail to identify how grade changes will conform
to the requirements of this code. The plans shall show existing drainage conditions and
drainage devices and all proposed changes thereto. The plans shall include the location
and dimension of all trees on the site which are 3 inches (76.2 mm) in diameter or larger
at the trunk, measured at 4.5 feet (1.37 m) above ground level, trees to be removed and
trees to remain. A preservation plan shall be submitted for all trees to remain. The plans
shall indicate where excess material, rocks, or rubble will be disposed of.
RR. Amend Appendix Section J110.1 to read as follows:
J110.1 General. All disturbed surfaces shall be prepared and maintained to control
erosion.
Exception: Erosion control measures need not be provided on cut slopes not
subject to erosion due to the erosion-resistant character of the materials.
Erosion control shall be installed as soon as practicable and prior to calling for final
inspection. Erosion control plantings shall be established in accordance with City
Engineering Standards and/or to the satisfaction of the Building Official.
SS. Add Appendix Table J101.6 as follows:
TABLE J101.6
GRADING TO REMAIN IN NATURAL STATE
Percent Average Cross Slope Percent of Site to Remain in Natural State
0-5 0
6-10 25
11-15 40
16-20 60
21-25 80
26-30 90
Above 30 100
SECTION 15.04.030 AMENDMENTS; CALIFORNIA RESIDENTIAL CODE
Adopt as approved by state agencies and amend the following sections:
A. Delete Chapter 1, Division II. Administration of the residential code shall be as set
forth in Chapter 1, Division II of the California Building Code.
B. Amend Section R109.1.2 Exception to read as follows:
Exception: Back-filling of ground-source heat pump loop systems tested in
accordance with ASTM Standards prior to inspection shall be permitted.
C. Delete Section R310.1, Exception 2
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D. Add Section R313.3.3.5 to read as follows:
R313.3.3.5 Sprinkler Activation Alarm. An alarm audible from all sleeping rooms
shall be provided.
E. Amend Section R322.1 to read as follows:
R322.1 General. Buildings and structures constructed in whole or in part in flood
hazard areas (including A or V Zones) identified in the current edition of the City of
San Luis Obispo’s Flood Insurance Rating Map shall be designed and constructed in
accordance with the provisions contained in this section and the flood plain
management regulations contained in San Luis Obispo Municipal Code Section 17.84,
whichever is more stringent. Buildings and structures located in whole or in part in
identified floodways shall be designed and constructed in accordance with ASCE 24.
F. Add Section R337.1.2 to read as follows:
R337.1.2 Establishment of limits. The City of San Luis Obispo is considered a
“Community at Risk” due to the threat of wildfire impacting the urban community. The
City shall continue to enhance the fire safety and construction codes for new buildings
in order to reduce the risk of urban fires that may result from wildfires. New buildings
citywide shall incorporate the following construction methods and materials: Ignition
resistant exterior wall coverings; Fire sprinkler protection in attic areas (at least one
“pilot head”); Ember resistant vent systems for attics and under floor areas, protected
eaves, and Class ‘A’ roof coverings as identified in the California Building Code
Chapter 7A.
G. Delete Sections R403 and R404 and add R403.1 to read as follows:
R403.1 Foundations. The design of foundations to support structures regulated under
the California Residential Code shall be per California Building Code Section 1809 or
1810.
SECTION 15.04.040 AMENDMENTS; CALIFORNIA EXISTING BUILDING CODE
A. Amend Appendix Section A101 to read as follows:
SECTION A101
PURPOSE
The purpose of this chapter is to promote public safety and welfare by reducing the risk
of death or injury that may result from the effects of earthquakes on existing buildings
of unreinforced masonry wall construction.
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The provisions of this chapter are intended as minimum standards for structural seismic
resistance established primarily to reduce the risk of life loss or injury. Compliance
with these standards will not necessarily prevent loss of life or injury or prevent
earthquake damage to retrofitted buildings.
B. Amend Appendix Section A102.1 to read as follows:
A102.1 General. The provisions of this chapter shall apply to all existing buildings
having at least one unreinforced masonry wall. The elements regulated by this chapter
shall be determined in accordance with Table A102.1. Except as provided herein, other
structural provisions of the building code shall apply. This chapter does not apply to
the alteration of existing electrical, plumbing, mechanical or fire safety systems.
Exceptions:
1. Warehouses or similar structures not used for human habitation unless
housing emergency equipment or supplies.
2. A building having five living units or less.
C. Amend Appendix Section A103 to add the following definitions:
LEVEL A STRENGTHENING of an unreinforced masonry building is compliance
with the provisions of this chapter, limited to the removal of or bracing of parapets,
installation of anchors between walls and roof, and installation of anchors between
walls and floors.
LEVEL B STRENGTHENING of an unreinforced masonry building is compliance
with all provisions of this chapter.
D. Amend Appendix Section A109.2 to read as follows:
A109.2 Selection of Procedure. Buildings shall be analyzed by the General
Procedure of Section A110, which is based on Chapter 16 of the California Building
Code, or when applicable, buildings may be analyzed by the Special Procedure of
A111. Buildings with a substantially complete steel or concrete frame capable of
supporting gravity dead and live loads and that utilize unreinforced masonry walls as
non-bearing infill between frame members shall be analyzed by a procedure approved
by the building official. Qualified historic structures may be analyzed per the California
Building Standards Code, Part 8, California Historical Building Code.
E. Add new Appendix Section A115 entitled "Administrative Provisions" to read as
follows:
SECTION A115
ADMINISTRATIVE PROVISIONS
A115.1 Compliance Requirements.
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A115.1.1 Strengthening deadlines. The owner of a building within the scope of this
chapter shall structurally alter the building to conform to Level B Strengthening by July
1, 2010 or when one of the following occurs:
1. The value of additions, alterations, and/or maintenance repairs requiring a
building permit, cumulative from March 4, 1992, exceeds 50 percent of the
replacement cost of the building established by the building official per
Appendix Section 108.3 of the Building Code, which may include a certified
appraisal report. The cumulative value of alterations and maintenance repairs
need not include reroofing, Level A Strengthening, and installation of an
automatic fire sprinkler system.
Exception: Buildings containing more than one tenant space if the floor
area of altered tenant spaces, cumulative from March 4, 1992, does not
exceed 50 percent of the total floor area of the building.
2. The use of the building changes to a different division of the same occupancy
group or to a different occupancy group.
Exceptions:
1. Notwithstanding the provisions of Section 3408 of the Building
Code, buildings containing more than one occupancy classification
need not be strengthened if the total floor area for changes in use,
cumulative from March 4, 1992, does not exceed 50 percent of the
floor area of the building.
2. Occupancy classification changes to Groups F, M, S and U from an
equivalent category as defined in the previous editions of this code.
3. An occupancy classification change to a Group R-2 Occupancy with
not more than five dwelling units.
4. An occupancy classification change to a Group S Occupancy used
exclusively as a warehouse with no human habitation.
3. If Level A strengthening work is completed by July 1, 2007, completion of the
remaining work to satisfy Level B strengthening requirements may be delayed
until July 1, 2012. If Level A work is not completed by July 1, 2007, the City
Council will set a Level B completion deadline for each building on the basis
of relative hazard, but not later than July 1, 2010.
Exception: The building official, on a case-by-case basis, may approve an
alternate strengthening plan deemed equivalent to Level A strengthening if:
1. A greater than 50 percent reduction in the unreinforced masonry
hazard for the building is accomplished by July 1, 2007; and,
2. A written agreement includes an acceptable work plan and timeline;
and,
3. The plan completes Level B strengthening by July 1, 2012.
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A115.1.2 Permits. The owner of a building within the scope of this chapter shall
submit a complete application for a building permit to the building official to strengthen
the building to Level B requirements by July 1, 2005. The building permit shall be
obtained by January 1, 2006 and shall remain valid until required Level B strengthening
work is completed per Section A115.1.1.
Exception: For seismic strengthening or demolition projects that require approval
of a planning application by a City process, the planning application shall be
submitted to the Community Development Department by July 1, 2005. The
application for building or demolition permit shall be submitted following approval
of the planning application, and a building or demolition permit shall be obtained
by January 1, 2006.
A115.1.3 Posting of sign. The owner of a building within the scope of this chapter
shall post, at a conspicuous place near the primary entrances to the building, a sign
provided by the building official stating “This is an unreinforced masonry building.
Unreinforced masonry buildings may be unsafe in the event of a major earthquake”.
The sign shall be posted within 60 days of receipt by the building owner per installation
standards established by the building official.
A115.2 Notice and Order
A115.2.1 General. The building official shall, within 30 days of the determination
that a building is of unreinforced masonry construction issue a notice and order as
provided in this section to the owner of a building within the scope of this chapter.
A115.2.2 Service of notice and order. A notice or order issued pursuant to this
section shall be in writing and shall be served either personally or by certified or
registered mail upon the owner as shown on the last equalized assessment roll, and
upon the person, if any, in apparent charge or control of the building. The failure of any
such person to receive such notice or order shall not affect the validity of any
proceedings taken under this chapter or relieve any such person from any duty or
obligation imposed on him by the provisions of this chapter.
A115.2.3 Content of notice and order. The notice shall specify that the building has
been determined by the building official to be within the scope of this chapter and,
therefore, is subject to the minimum seismic standards of this chapter. The order shall
direct the owner to obtain a building or demolition permit as required by this chapter
and cause the building to be structurally altered to conform to the provisions of this
chapter or cause the building to be demolished. The notice or order shall be
accompanied by a copy of Section A115.1, which sets forth the owner's responsibilities.
A115.3 Appeal. The owner of the building may appeal the building official's initial
determination that the building is within the scope of this chapter to the Board of
Appeals established by Chapter 1, Division II, Section 113 of the California Building
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Code, as adopted. Such appeal shall be filed with the Board within 60 days from the
service date of the order described in Section A115.2. Any appeal shall be decided by
the Board no later than 90 days after filing and the grounds thereof shall be stated
clearly and concisely. Appeals or requests for modifications from any other
determinations, orders or actions by the building official pursuant to this chapter shall
be made in accordance with the procedures established in Chapter 1, Division II,
Section 104.10 of the California Building Code.
A115.5 Recordation. At the time that the building official serves the
aforementioned notice, the building official shall also file and record with the office of
the county recorder a certificate stating that the subject building is within the scope of
this chapter and is a potentially earthquake hazardous building. The certificate shall
also state that the owner thereof will be ordered to structurally analyze the building to
determine compliance with this chapter.
If the building is either demolished, found not to be within the scope of this chapter, or
is structurally capable of resisting minimum seismic forces required by this chapter as
a result of structural alterations or an analysis, the building official shall file and record
with the office of the county recorder a form terminating the status of the subject
building as being classified within the scope of this chapter.
A115.6 Enforcement. If the owner in charge or control of the subject building fails
to comply with any order issued by the building official pursuant to this chapter within
the time limit set forth in Section A115.1, the building official shall verify that the
record owner of this building has been properly served. If the order has been served
on the record owner, then the following provisions apply:
1. The building official may order that the entire building be vacated and that the
building remain vacated until such order has been complied with. If compliance
with such order has not been accomplished within 90 days after the date the
building has been ordered vacated or such additional time as may have been
granted by the Board of Appeals, the building official may order its demolition
in accordance with the provisions of Sections 107, 108, and 109 of the
International Property Maintenance Code.
2. Any person who violates any provision of this chapter is guilty of a misdemeanor
and is subject to the penalty as provided for in Chapter 1.12 of the City of San
Luis Obispo Municipal Code. The City may also pursue alternative civil remedies
as set forth in Section 1.12.090 of the Municipal Code.
A115.7 Program monitoring and annual report. During January of each year,
the building official shall submit a report to the City Council outlining the progress to
date concerning reduction of the hazards presented by the unreinforced masonry
building inventory for the City. The report shall include:
1. The number of unreinforced masonry buildings strengthened, demolished, or
otherwise eliminated from the inventory;
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2. The number of unreinforced masonry buildings remaining on the inventory,
including the status of orders issued pursuant to this Chapter that are not
resolved.
A115.8 Automatic Fire Sprinkler Systems. Buildings within the scope of this
chapter located in the commercial fire zone shown in Figure 9-A of the California Fire
Code, as amended, shall install an automatic fire sprinkler system in conjunction with
level B strengthening deadlines in accordance with Section 903.2.1 of the California
Fire Code, as amended in Municipal Code Section 15.04.100, unless a later installation
date is granted by both the building official and fire code official.
TT. Add Appendix Chapter A6 to read as follows:
Appendix Chapter A6
DEMOLITION AND MOVING
OF BUILDINGS
SECTION 601
GENERAL
A601.1 Purpose. The purpose of this appendix is to establish minimum standards
and procedures for the demolition and relocation (moving) of buildings and structures
to safeguard life, property, health and public welfare. It is also intended to ensure that
moved buildings are structurally sound, sanitary, habitable, and that they will
harmonize with existing development in the area to which they are to be moved.
A601.2 Scope. This appendix sets forth rules and regulations to control demolition
and relocation operations, establishes the administrative procedures for review of an
application to demolish or move a building, and provides for the issuance of permits.
A601.3 Appeals. Any person aggrieved by a decision made under the terms of this
chapter may appeal such decision. For matters concerning the technical provisions of
this code, such appeal shall be subject to the provisions of the Chapter 1, Division II
Section 113 of the California Building Code; for all other matters, the appeal provisions
of Chapter 1.20 of the Municipal Code shall apply.
SECTION 602
DEFINITIONS
Section A602 General. For the purposes of this appendix, certain terms, words and
their derivatives shall be defined as specified in this section.
ARC means the Architectural Review Commission appointed by the City Council.
CHC means the Cultural Heritage Committee appointed by the City Council.
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Demolition means the complete or partial removal of a structure.
Foundation means the structure, usually of concrete, resting on or in the ground,
including the footing, on which a building is erected.
Foundation wall means the walls of concrete or masonry that support a building.
Inventory of Historical Resources is the Master List of Historic Resources and the
Listing of Contributing Properties within Historical Preservation Districts approved by
the City Council.
Municipal Code means the San Luis Obispo Municipal Code.
Potential Historic Resource means a building which may meet the Criteria for
Historic Listing found in the City of San Luis Obispo Historic Preservation Program,
but which has not been evaluated or listed as an historic resource.
Slab means a flat piece of material, usually of concrete, placed on the ground for use
as a building floor, patio, driveway, walk, ball court and/or similar uses.
Structure means any human made site feature, including signs, walls, fences,
buildings, monuments, or similar features.
Substructure means the foundation of a building or structure including the piers and
piles.
SECTION A603
PERMIT REQUIREMENTS
A603.1 Permit required. The demolition or relocation (moving) of any building
or structure shall not commence until a permit has been issued by the building official
in accordance with the provisions of this chapter and Chapter 1, Division II of the
California Building Code.
Exception: Temporary construction offices.
A permit to move a building shall be a building permit when the building is relocated
within the limits of the city. A permit to move a building shall be a demolition permit
when the building is relocated to a site outside of the city limits.
A603.2 Moving and Relocation of Buildings.
A603.2.1 Inspection of buildings to be moved. All buildings to be moved into or
within the city shall be inspected by the building official to determine compliance with
this code and suitability for moving prior to permit issuance.
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A603.2.2 Transportation and building permits required. For moving projects, a
transportation permit shall be obtained from the public works director subsequent to
issuance of a moving permit. Building, plumbing, electrical, and mechanical permits
shall be required for all work necessary for the placement of a moved or relocated
building.
A603.3 Procedure for permit application processing. Prior to issuance of a
permit to demolish or relocate a building or structure, the permit application shall be
subject to the following:
1. Demolition or relocation of historical resource. For any structure located on
a property listed on the Inventory of Historical Resources, an application for
Architectural Review shall be submitted and require approval prior to issuance
of a permit for building relocation or demolition. The application shall include
plans for replacement structures, at the discretion of the Community
Development Director.
2. Demolition or relocation of structure not designated historical. For any
structure that is not located on a property listed on the Inventory of Historical
Resources and that is over 50 years old, the Community Development Director
shall determine if the structure or structures proposed for demolition are a
potential historic resource. If the Community Development Director determines
that the structure or structures is/are a potentially historic resource(s), the
applicant shall submit an application for Architectural Review. If the
Community Development Director determines the structure or structures not to
be a potential historic resource, the applicant shall provide evidence that for a
period of not less than 90 days from date of permit application, the building was
advertised in a local newspaper on at least 3 separate occasions not less than 15
days apart, as available to any interested person to be moved; and submit
historic documentation for the structure in accordance with criteria established
by the Community Development Director and the Cultural Heritage Committee.
Exceptions for Structures Not Designated Historical:
1. A building or structure determined by the building official to be a dangerous
building as defined in the International Property Maintenance Code which
poses an imminent, serious threat to the health, safety or welfare of
community residents or people living or working on or near the site, and for
which historic documentation acceptable to the Community Development
Director has been submitted.
2. Accessory buildings, sheds, garages and similar structures, unless
determined to be a potential historic resource by the Community
Development Director.
A603.4 Guarantee. Prior to issuance of a permit to demolish or move a building
or structure, the applicant shall provide the city with a guarantee in such form and
amount as may be deemed necessary by the building official to assure completion of
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demolition or moving, removal of all debris, cleanup of the site, repair of damage to
public improvements, erection of barricades when required and filling of depression
below adjacent grade. The amount of the guarantee for demolition shall be not less than
one thousand dollars or twenty percent of the value of the demolition contract price,
whichever is greater. The amount of the guarantee for moving a building or structure
shall be twenty percent of the total value of all work to be accomplished and associated
with moving of the building, but not less than five thousand dollars. Work required to
comply with this section may be completed by the city after the time limits stated have
expired and shall be paid from the deposit. The deposit shall not be released until such
work is completed.
Exceptions:
1. No guarantee will be required when the demolition permit is issued at the
same time as a building permit for a redevelopment project.
2. When the structure to be moved is to be relocated outside the limits of the
city, the amount of the guarantee may be reduced when approved by the
building official, but in no case shall be less than one thousand dollars.
A603.5 Indemnity. Every person, firm or corporation to whom permission has
been granted under the terms of this chapter and other ordinances to utilize public
property for the demolition or moving of any building or structure shall at all times
assume responsibility for any damage to public property. Such permission shall be
further conditioned that any person, firm or corporation shall, as a consideration for the
use of public property, at all times release, hold harmless and indemnify the city and
all of its agents and employees from any and all responsibility, liability, loss or damage
resulting to any persons or property caused by or incidental to the demolition or moving
work. Written indemnification in a form acceptable to the city attorney shall be
provided.
A603.6 Damage to public property. As a condition of obtaining a permit to
demolish or move any building or structure, the permittee shall assume liability for any
damage to public property occasioned by such moving, demolition, or removal
operations. Applicants for demolition permits shall provide information and plans
when requested for protection of public property. Information and plans shall be
specific as to type of protection, structural adequacy and location. Approval to use or
occupy public property shall be obtained before proceeding with demolition work.
A603.7 Insurance. Prior to the issuance of a permit to demolish or move any
building or structure, the permit applicant shall deposit with the building official a
certificate of liability insurance naming the city as an additional insured party on the
insurance policy. Such insurance shall be valid at all times during demolition or moving
operations. The liability insurance coverage shall be in an amount of at least five
hundred thousand dollars per occurrence for injuries, including accidental death to any
one person, and subject to the same limit for each additional person, in an amount at
least one million dollars on account of any one accident: and property damage in an
amount at least five hundred thousand dollars.
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Exception: Demolition of a wood frame building not greater than two stories or
twenty-five feet in height, measured to the top of the highest point of the roof,
provided the building is not less than twenty feet from public property lines or, if
less than twenty feet from public property lines, adequate protection is provided for
pedestrians and public property to the satisfaction of the building official.
A603.8 Disconnecting service lines. Prior to the issuance of a permit to demolish
or relocate a building or structure, the permit applicant shall complete the following to
the satisfaction of the building official:
1. Electrical service. The power to all electric service lines shall be shut-off and
all such lines cut or disconnected outside the property line. Prior to the cutting
of such lines, the property owner or his agent shall notify and obtain the
approval of the electric service agency.
2. Other service. All gas, water, steam, storm, sanitary sewers, and other service
lines shall be shut-off and/or abandoned as required by the public works
director, utilities director, or other agency
SECTION A604
PUBLIC SAFETY REQUIREMENTS
A604.1 General. The demolition or moving of any building shall not commence
until structures required for protection of persons and property are in place. Such
structures and the demolition work shall conform to the applicable provisions of
Chapter 33 of the California Building Code. Prior to permit issuance, a schedule of
operations shall be submitted to the building official for review and approval, and shall
set forth a sequence of work on the building, the need to barricade public streets, details
of travel to and from the site for hauling operations, route of moving, estimated
completion date, and any other significant work which may require inspection or
coordination with city departments.
A604.2 Dust and debris. During demolition operations, all material removed shall
be wet sufficiently or otherwise handled to control the dust incidental to removal.
All adjacent streets, alleys and other public ways and places shall be kept free and clear
of all rubbish, refuse and loose material resulting from the moving, demolition or
demolition removal operations, except as allowed by temporary encroachment permits
approved by the public works director.
SECTION A605
REMOVAL OF MATERIALS
A605.1 General. All building rubble and debris shall be removed from the
demolition site to an approved point of disposal.
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A605.2 Foundations. All foundations, concrete slabs and building substructures
shall be removed to the satisfaction of the building official.
Exception: Foundations, concrete slabs on grade and building substructures may
remain if the site is fenced to the satisfaction of the building official.
A605.3 Completion. Upon completion of the removal of a building or structure by
either demolition or moving, the ground shall be left in a smooth condition free of
demolition debris. Holes in the ground, basements or cellars, shall be filled to existing
grade.
Exception: The filling of such excavation may not be required when a building
permit has been issued for a new building on the site and the construction thereof
is to start within sixty days after the completion of demolition or moving operations
and the permittee provides a temporary barricade protecting the excavation on all
sides to the satisfaction of the building official.
SECTION 15.04.050 AMENDMENTS; CALIFORNIA MECHANICAL CODE
A. Delete Chapter 1, Division II and Table 104.5. Administration of the mechanical code
shall be as set forth in Chapter 1, Division II of the California Building Code.
B. Delete Appendix Chapter E.
SECTION 15.04.060 AMENDMENTS; CALIFORNIA PLUMBING CODE
A. Delete Chapter 1, Division II, Table 104.5 and Appendix Chapters F and L.
Administration of the plumbing code shall be as set forth in Chapter 1, Division II of
the California Building Code.
B. Amend Section 314.4 to read as follows:
314.4 All excavations shall be completely backfilled as soon after inspection as
practicable. A layer of sand or fine gravel shall be placed in all sewer trenches to
provide a leveling and laying bed for pipe. Adequate precaution shall be taken to ensure
proper compactness of backfill around piping without damage to such piping. Trenches
shall be backfilled in thin layers to twelve (12) inches (.3 m) above the top of the piping
with clean earth which shall not contain stones, boulders, cinderfill, frozen earth,
construction debris or other materials which would damage or break the piping or cause
corrosive action. Mechanical devices such as bulldozers, graders, etc., may then be
used to complete backfill to grade. Fill shall be properly compacted. Suitable
precautions shall be taken to ensure permanent stability for pipe laid in filled or made
ground.
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C. Amend Section 715.2 to read as follows:
715.2 Joining Methods and Materials. Joining methods and materials for building
sewers shall be as prescribed in this code and shall only have joints that are glued,
solvent cemented, heat fused or welded.
Exception: “Strongback” type couplings may be used when connecting new or
replaced pipe to existing materials.
D. Add Section 1101.3.1 to read as follows:
1101.3.1 Rainwater Harvesting. Storm water drainage may be directed to an
approved rainwater harvesting system and used as an alternate source of water for non-
potable uses as approved by the Building Official and the San Luis Obispo County
Environmental Health Department. The installation and use of such a system or systems
must be designed to not interact with the potable water system, the building sanitary
sewer or drainage systems that flow to any creek. Rainwater harvesting systems must
be maintained in such manner as to not cause damage to neighboring properties.
E. Amend Section 1601.3, Exceptions: to read as follows:
Exceptions:
(1) A permit is not required for exterior rainwater catchment systems used for outdoor
non-spray irrigation with a maximum storage capacity of 600 gallons where the
tank is supported directly upon grade, the ratio of height to diameter or width does
not exceed 2 to 1 (except as exempted by the Chief Building Official upon
confirmation of structural stability), and it does not require electrical power or a
makeup water supply connection, the height does not exceed seven feet, and it is
not visible from the public right-of-way that abuts the front yard.
(2) A permit is not required for exterior rainwater catchment systems used for spray
irrigation with a maximum storage capacity of 360 gallons
SECTION 15.04.070 AMENDMENTS; CALIFORNIA ELECTRICAL CODE
A. Administration of the electrical code shall be as set forth in Chapter 1, Division II of
the California Building Code.
B. Amend Article (A)(1) to read as follows:
(1) Readily Accessible Location. The service disconnecting means shall be installed at a readily
accessible location either outside the building or other structure, or inside nearest the
point of entrance of the service conductors. The disconnecting means shall be
accessible to emergency personnel, either directly or by a remote actuating device,
without requiring transit of the building interior. Dedicated electrical equipment rooms
located at the building perimeter and providing direct access to the outside shall satisfy
accessibility for emergency personnel.
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SECTION 15.04.080 AMENDMENTS; INTERNATIONAL PROPERTY
MAINTENANCE CODE
A. Delete Chapter 1 with the exception of Section 101.1 which is amended to read as
follows:
101.1 Administrative Provisions. The administrative provisions for the
enforcement of the International Property Maintenance Code shall be as set for the in
the Uniform Housing Code, The Uniform Code for the Abatement of Dangerous
Buildings, and other provisions of the San Luis Obispo Municipal Code.
SECTION 15.04.090 PERMITS REQUIRED FOR WELL CONSTRUCTION
A. No person shall construct, repair, modify, abandon or destroy any water well without
first obtaining a permit from the City. As used herein, "water well" shall mean an
artificial excavation constructed by any method for the purpose of extracting water
from, or injecting water into, the underground.
B. All work performed pursuant to each such permit shall be in conformance with all State
laws and standards including applicable portions of Department of Water Resources
Bulletin No. 74-81, all City ordinances, resolutions and policies relating thereto, and
such permit conditions as may be imposed by the City.
C. Any water well-constructed, repaired, modified, destroyed, abandoned, or operated in
violation of this section or the permit requirements shall constitute a public nuisance
which may be abated by the City. A person who digs, drills, excavates, constructs, owns
or controls any well and abandons such well and a person who owns, occupies,
possesses or controls any premises on which an abandoned well exists shall cap or
otherwise securely cover, cap or protect the entrance to the well. The capping or
covering shall be so constructed and installed as will prevent any human being from
suffering any bodily injury or death, through accident or inadvertence, by reason of the
existence of the well.
15.04.100 AMENDMENTS; CALIFORNIA FIRE CODE
A. Delete Appendix Chapter A.
B. Amend Chapter 1, Division II, Section 101.1 to read as follows:
101.1 Title. These regulations shall be known as the Fire Code of the City of San
Luis Obispo, may be cited as such and will be referred to herein as “this code”.
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C. Amend Chapter 1, Division II, Section 105.1.1 to read as follows:
105.1.1 Permits required. Permits required by this code shall be obtained from the
fire code official. A fee for each permit shall be paid prior to issuance of the permit, in
accordance with the schedule as established by the applicable governing authority.
Issued permits shall be kept on the premises designated therein at all times and shall be
readily available for inspection by the fire code official.
D. Amend Chapter 1, Division II, Section 108 to read as follows:
108 Board of appeals established. In order to hear and decide appeals of
orders, decisions or determinations made by the fire code official relative to the
application and interpretation of this code, there shall be and is hereby created a board
of appeals. The board of appeals shall be established as set forth in Chapter 1, Division
II Section 113 of the California Building Code, as amended in Section 15.04.020 of the
San Luis Obispo Municipal Code. The fire code official shall be an ex officio member
of said board but shall have no vote on any matter before the board. The board shall
adopt rules of procedure for conducting its business and shall render all decisions and
findings in writing to the appellant with a duplicate copy to the fire code official.
E. Amend Chapter 1, Division II, Section 109.3 to read as follows:
109.4 Violation penalties. Persons who shall violate a provision of this code or
shall fail to comply with any of the requirements thereof or who shall erect, install,
alter, repair or do work in violation of the approved construction documents or directive
of the fire code official, or of a permit or certificate used under provisions of this code,
shall be guilty of a misdemeanor, punishable by a fine of not more than 1,000 dollars
or by imprisonment not exceeding one year, or both such fine and imprisonment. Each
day that a violation continues after due notice has been served shall be deemed a
separate offense.
F. Amend Chapter 1, Division II, Section 111.4 to read as follows:
111.4 Failure to comply. Any person who shall continue any work after having
been served with a stop work order, except such work as that person is directed to
perform to remove a violation or unsafe condition, shall be liable to a fine of not less
than that established by Municipal Code Section 1.12.040.
G. Amend Section 302.1 to add the following definition to read as follows:
SKY LANTERN. An Airborne lantern typically made of paper with a wood frame
containing a candle, fuel cell composed of waxy flammable material or other open
flame which serves as a heat source to heat the air inside the lantern to cause it to lift
into the air. Sky candles, fire balloons and airborne paper lanterns mean the same as
sky lanterns.
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H. Amend Section 307.1.1 and 307.2 to read as follows:
307.1.1 Prohibited open burning. No waste matter, combustible material or refuse
shall be burned in the open air within the city. Agricultural, ceremonial or similar types
of fires may be approved when authorized by the fire code official. Open burning,
cooking or warming fires are prohibited on brush-covered public lands within the city.
307.2 Permit required. A permit shall be obtained from the fire code official in
accordance with Section 105.6 prior to kindling a fire for recognized silvicultural or
range or wildlife management practices, prevention or control of disease or pests.
Application for such approval shall only be presented by and permits issued to the
owner of the land upon which the fire is to be kindled.
I. Amend Sections 307.4.1 and 307.4.2 to read as follows:
307.4.1 Bonfires. Bonfires shall be prohibited.
307.4.2 Recreational fires. Recreational fires shall be prohibited.
Exception: Recreational fires may be permitted in approved, non-combustible
commercially built containers, measuring no more than 3 feet in diameter and 2 feet
tall, raised at least 6 inches off the ground with non-combustible legs and having a
non-combustible spark arrester screen with holes no larger than ¼ inch. The ground
beneath this container shall be clear of combustible material for 10 feet in diameter,
and 10 feet away from combustible construction. The material being burned shall
be wood only and shall not include pressure treated lumber. A pre-connected
garden hose shall be accessible.
J. Amend Section 308.1.6.3 to read as follows:
308.1.6.3 Sky lanterns. The ignition and launching of sky lanterns are prohibited.
Exceptions:
(1) Upon approval of the fire code official, sky lanterns may be used under the
following conditions:
(a) When necessary for religious or cultural ceremonies and adequate
safeguards have been taken in the discretion of the fire code official. Sky
lanterns must be tethered in a safe manner to prevent them from leaving the area
and must be constantly attended until extinguished.
K. Amend Section 405.7 to read as follows:
405.7 Initiation. Where a fire alarm system is provided, emergency evacuation
drills shall be initiated by activating the fire alarm system. Prior to initiating an alarm,
the person initiating the alarm shall contact the fire alarm monitoring company and
advise the company’s dispatcher of the fire drill. In cases where the fire alarm system
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is not monitored by a central station, notification shall be provided to the fire
department dispatch center.
L. Amend Section 503.1.1 and 503.1.2 to read as follows:
503.1.1 Buildings and facilities. Approved fire apparatus access roads shall be
provided for every facility, building or portion of a building hereafter constructed or
moved into or within the jurisdiction. The fire apparatus access road shall comply with
the requirements of this section and shall extend to within 150 feet (45 720 mm) of all
portions of the facility and all portions of the exterior walls of the first story of the
building as measured by an approved route around the exterior of the building or
facility.
Exceptions: The fire code official is authorized to increase the dimension of 150
feet (45720 mm) to 300 feet (91440 mm) where:
1. The building is equipped throughout with an approved automatic sprinkler
system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3.
2. Fire apparatus access roads cannot be installed because of topography,
waterways, nonnegotiable grades or other similar conditions, and an approved
alternative means of fire protection is provided.
3. There is not more than two Group R-3 or Group U Occupancies, provided, in
the opinion of the fire code official, firefighting or rescue operations would not
be impaired.
503.1.2 Additional access. The fire code official is authorized to require more than
one fire apparatus access/egress road based on the potential for impairment of a single
road by vehicle congestion, condition of terrain, climatic conditions or other factors
that could limit access/egress.
M. Amend Section 503.2.5 to read as follows:
503.2.5 Dead Ends. Dead-end fire apparatus access roads in excess of 150
feet (45 720 mm) in length shall be provided with an approved area for turning
around fire apparatus.
Exception: Where buildings along the dead-end road are protected by an approved
fire sprinkler system throughout, the distance may be increased to 300 feet (91 440
mm).
N. Amend Section 503.4.1 as follows:
503.4.1 Traffic calming devices. Traffic calming devices may be installed
provided they obtain acceptance of the design and approval of the constru ction by the
fire code official.
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O. Amend Section 505.1 to read as follows:
505.1 Address numbers. New and existing buildings shall have approved
address numbers, building numbers or approved building identification placed in a
position that is plainly legible and visible from the street or road fronting the property.
These numbers shall contrast with their background. Address numbers shall be Arabic
numerals or alphabetical letters. Numbers shall not be spelled out. Numbers shall be
a minimum of 5 inches (102 mm) high with a minimum stroke width of 0.5 inch (12.7
mm) or as otherwise determined necessary by the fire code official. Where required
by the fire code official, address identification shall be provided in additional approved
locations to facilitate emergency response. Where access is by means of a private road
and the building cannot be viewed from the public way, a monument, pole or other sign
or means shall be used to identify the structure. Address identification shall be
maintained.
P. Amend Section 507.2 to read as follows:
507.2 Type of water supply. A water supply shall consist of reservoirs, pressure
tanks, elevated tanks, water mains or other fixed systems connected to the municipal
water system and capable of providing the required fire-flow.
Q. Amend Section 507.5.1 and delete Exceptions 1 to read as follows:
507.5.1 Where required. Where a portion of the facility or building hereafter
constructed or moved into or within the jurisdiction is more than 300 feet (91440 mm)
from a hydrant on a fire apparatus access road, as measured by an approved route
around the exterior of the facility or building, on-site fire hydrants and mains shall be
provided where required by the fire code official.
R. Add Section 507.5.4.1 to read as follows:
507.5.4.1 Authority to remove obstruction. The fire code official and his authorized
representatives shall have the power and authority to remove or cause to be removed,
without notice, any vehicle, or object parked or placed in violation of the California
Fire Code. The owner of any item so removed shall be responsible for all towing,
storage and other charges incurred.
S. Amend Section 603.1.4 to read as follows:
603.1.4 Fuel Oil. The grade of fuel oil used in a burner shall be that for which the
burner is approved and as stipulated by the burner manufacturer. Oil containing
gasoline shall not be used.
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T. Amend Section 603.9 to read as follows:
603.9 Gas meters. Above-ground gas meters, regulators and piping subject to
damage shall be protected by a barrier complying with Section 312 or otherwise
protected in an approved manner. Gas meters shall be permanently marked and
identified as to the building or system served.
U. Amend Section 608.1 to read as follows:
Section 608.1 Scope. Stationary storage battery systems having an electrolyte
capacity of more than 50 gallons (189 L) for flooded lead acid, nickel cadmium (Ni-
Cd) and valve-regulated lead acid (VRLA), or 1,000 pounds (454 kg) for lithium-ion
and lithium metal polymer, used for facility standby power, emergency power, or
uninterrupted power supplies or the indoor storage of electric carts, cars, fork-lifts and
similar equipment, shall comply with this section and Table 608.1.
V. Amend Section 901.4.2 and Section 901.4.4 to read as follows:
901.4.2 Non-required fire protection systems. Any fire protection system or
portion thereof not required by this code or the California Building Code may be
allowed, when approved by the fire code official, to be furnished for partial or complete
protection provided such installed system meets the requirements of this code and the
California Building Code.
901.4.4 Additional fire protection systems. In occupancies of a hazardous nature,
where special hazards exist in addition to the normal hazards of the occupancy, or
where the fire code official determines that access for fire apparatus is unduly difficult,
or the location is beyond the four-minute response time of the fire department, the fire
code official shall have the authority to require additional safeguards. Such safeguards
include, but shall not be limited to, the following: automatic fire detection systems, fire
alarm systems, automatic fire extinguishing systems, standpipe systems, or portable or
fixed extinguishers. Fire protection equipment required under this section shall be
installed in accordance with this code and applicable referenced standards.
W. Amend Section 901.6 to read as follows:
Section 901.6 Inspection, testing and maintenance. Fire detection, alarm and
extinguishing systems, mechanical smoke exhaust systems, and smoke and heat vents
shall be maintained in an operative condition at all times and shall be replaced or
repaired where defective. Non-required fire protection systems and equipment shall be
inspected, tested and maintained or removed. No person shall cause a response of
emergency personnel due to failure of notifying police/fire dispatch of any drill, testing,
maintenance, installation of, repair or alteration to any fire protection system.
X. Amend Section 903.2, add Section 903.2.1 and 903.2.2 and delete Sections 903.2.1
through 903.2.10 to read as follows:
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903.2 General. An automatic fire-extinguishing system shall be installed in new
buildings as set forth in Section 903.2 of the California Building Code as amended by
Section 15.04.020 of the San Luis Obispo Municipal Code.
903.2.21 Existing buildings in commercial fire zone. Existing buildings located in
the commercial fire zone shown in Figure 9-A that are provided with an underground
fire sprinkler lateral, shall have an automatic fire sprinkler system installed and
operational within 24 months of the approval and acceptance of the lateral by the City.
Exceptions:
1. The installation of an automatic fire sprinkler system required by Section
903.2.1 in a building of unreinforced masonry construction not strengthened by
July 1, 2007 shall coincide with the strengthening dates established by
Resolution #9890 (2007). City Council established dates range from 2008 to
2010 based on the relative hazard of the building.
2. An automatic fire sprinkler system required by Section 903.2.1 in a building of
unreinforced masonry construction strengthened as required by Appendix
Chapter 1 of the 1997 Uniform Code for Building Conservation, as amended,
prior to July 1, 2007, shall be completed and operational by July 1, 2012.
3. An automatic fire sprinkler system required by Section 903.2.1 in a building of
unreinforced masonry construction strengthened as required by Appendix
Chapter 1 of the 1997 Uniform Code for Building Conservation, as amended,
prior to October 1, 2004, shall be completed and operational by January 1, 2017.
FIGURE 9-A – COMMERCIAL FIRE ZONE
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903.2.22 Notification. Whenever the fire code official determines that a building is
subject to the minimum requirements of Section 903.2.1, the building owner shall be
notified in writing that an automatic fire-sprinkler system shall be installed in the
building.
The notice shall specify in what manner the building fails to meet the minimum
requirements of Section 903.2.1. It shall direct that plans be submitted, that necessary
permits be obtained, and that installation be completed by the specified date. The fire
department shall serve the notice, either personally or by certified or registered mail,
upon the owner as shown on the last-equalized assessment roll and upon the person, if
any, in real or apparent charge or control of the building.
Section 903.2.3 through Section 903.2.10 not used. Text continues with Section
903.2.11.
Y. Amend Sections 903.3.1.1 and 903.3.1.1.1 to read as follows:
903.3.1.1 NFPA 13 sprinkler systems. Where other provisions of this code
require that a building or portion thereof be equipped throughout with an automatic
sprinkler system in accordance with this section and where a building is considered as
mixed occupancy due to the presence of two or more uses that are classified into
different occupancy groups, sprinklers shall be installed throughout in accordance with
NFPA 13 as amended in Chapter 80 except as provided in Section 903.3.1.1.1.
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903.3.1.1.1 Exempt locations. In other than Group I-2, I-2.1 and I-3
occupancies, automatic sprinklers shall not be required in the following rooms or areas
where such rooms or areas are protected with an approved alternative automatic fire
extinguishing system in accordance with Section 904. Sprinklers shall not be omitted
from any room merely because it is damp, of fire-resistance-rated construction or
contains electrical equipment.
1.-7. No change.
Z. Amend Section 903.4 to read as follows, with Exceptions to remain:
903.4 Sprinkler system monitoring and alarms. All valves controlling the water
supply for automatic sprinkler systems, pumps, tanks, water levels and temperatures,
critical air pressures, and water-flow switches on all sprinkler systems shall be
electrically supervised by a central station service listed by Underwriters Laboratories
for receiving fire alarms in accordance with NFPA 72. The central station shall contact
and notify the police/fire dispatch center immediately on notification of an alarm and
prior to making contact with the protected premises.
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AA. Amend Section 903.4.3 and add Exception to read as follows:
903.4.3 Isolation control valves. Approved supervised indicating control valves
shall be provided at the point of connection to the riser on each floor in all buildings
two or more stories in height or in single-story buildings having a gross floor area of
10,000 square feet or more zoned into no more than 5,000 square- foot areas for the
purpose of maintaining system integrity for life safety and evacuation.
Exception: Isolation control valves may be omitted in building equipped with an
automatic fire extinguishing system installed in accordance with Section 903.3.1.3.
BB. Amend Section 905.3.1 to read as follows:
905.3.1 Height. In other than Group R-3 and R-3.1 occupancies, Class III standpipe
systems shall be installed throughout at each floor where any of the following occur.
1. Buildings where the floor level of the highest story is located more than 30 feet
(9144 mm) above the lowest level of fire department vehicle access.
2. Buildings that are four or more stories in height.
3. Buildings where the floor level of the lowest story is located more than 30 feet
(9144 mm) below the highest level of fire department vehicle access.
4. Buildings that are two or more stories below the highest level of fire department
vehicle access.
5. In any parking structure exceeding one level above or one level below grade.
CC. Amend Section 907.6.6 to read as follows:
907.6.6 Monitoring. Fire alarm systems required by this chapter or by the
California Building Code shall be monitored by an approved central station service
listed by Underwriters Laboratory for receiving fire alarms in accordance with NFPA
72 and this section. The central station shall contact and notify the police/fire dispatch
center immediately on notification of an alarm and prior to making contact with the
protected premises.
Exception: Monitoring by a central station service is not required for:
1. Single- and multiple station smoke alarms required by Section 907.2.11.
2. Group I-3 occupancies shall be monitored in accordance with Section 907.2.6.3.
3. Automatic sprinkler systems in one- and two-family dwellings.
DD. Add Section 910.3.2.1 to read as follows:
Section 910.3.2.1 Sprinklered buildings. Where installed in buildings equipped with
an approved automatic sprinkler system, smoke and heat vents shall be designed to
operate automatically by actuation of a heat responsive device rated at least 100 degrees
above the operating temperature of the sprinkler heads.
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EE. Delete Section 1030.1 Item 2, Exception 6
FF. Amend Section 2306.2 and delete 2306.2.6, to read as follows:
2306.2 Method of storage. Approved methods of storage for Class I, II and III
liquid fuels at motor fuel-dispensing facilities shall be in accordance with Sections
2306.2 through 2306.2.5.
GG. Amend Section 2306.2.3 (3) to read as follows:
3. Tanks containing fuels shall not exceed 8,000 gallons (30 274 L) in individual
capacity or 16,000 gallons (60 549 L) in aggregate capacity. Installations with
the maximum allowable aggregate capacity shall be separated from other such
installations by not less than 100 feet (30 480 mm).
HH. Amend Sections 2306.2.4 and 2306.2.4.1 to read as follows, and delete Section
2306.2.4.2:
2306.2.4 Above-ground tanks located in above-grade vaults or below-grade
vaults. Above-ground tanks used for storage of Class I, II, or III liquid motor fuels are
allowed to be installed in vaults located above grade or below grade in accordance with
Section 5704.2.8 and shall comply with Sections 2306.2.4.1 and 2306.2.4.2. Tanks in
above-grade vaults shall also comply with Table 2306.2.3 and the fuel shall not be
offered for resale.
2306.2.4.1 Tank capacity limits. Tanks storing Class I, II or III liquids at an
individual site shall be limited to a maximum individual capacity of 8,000 gallons (30
274 L) and an aggregate capacity of 16,000 gallons (60 549 L).
II. Amend Section 2306.2.6 items 1 and 6 to read as follows:
1. The special enclosure shall be liquid tight and vapor tight. A leak detection-
monitoring system capable of detecting liquid and providing an audible and
visual alarm shall be installed and tested annually.
6. Tanks containing Class I, II, or III liquids inside a special enclosure shall not
exceed 2,000 gallons (7569 L) in individual capacity or 6,000 gallons (22706
L) in aggregate capacity.
JJ. Delete Section 3304.3 and amend Section 3304.5 to read as follows.
Section 3304.5 Fire watch. When required by the fire code official for construction,
alteration or building demolition that is hazardous in nature, qualified personnel shall
be provided to serve as on-site fire watch. Fire watch personnel shall be provided with
at least one approved means for notification of the fire department and their sole duty
shall be to perform constant patrols and watch for the occurrence of fire.
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KK. Amend Section 3310.1 to read as follows:
Section 3310.1 Required access. Approved vehicle access for firefighting shall be
provided to all construction or demolition sites. Vehicle access shall be provided to
within 150 feet of all combustible material. Vehicle access shall be provided by either
temporary or permanent roads, capable of supporting vehicle loading under all weather
conditions. Vehicle access roads shall be maintained until permanent fire apparatus
access roads are available.
LL. Amend Section 3312.1 to read as follows:
Section 3312.1 When required. An approved water supply for fire protection,
either temporary or permanent, shall be made available prior to combustible material
arriving on the site.
MM. Amend Section 4901.1 to read as follows:
4901.1 Scope. The mitigation of conditions where a wildfire burning in vegetative
fuels may readily transmit fire to buildings and threaten to destroy life, overwhelm fire
suppression capabilities, or result in large property losses shall comply with this
chapter. In determining requirements for properties located within the wildland-urban
interface fire area, the fire code official may be guided by the requirements of the
International Wildland-Urban Interface Code and National Fire Protection Association
Standards.
NN. Amend Section 4902.1, definition of Wildland-Urban Interface Fire Area to read as
follows:
Wildland-Urban Interface Fire Area: is a geographical area identified by the state as
a “Fire Hazard Severity Zone” in accordance with the Public Resources Code Sections
4201 through 4204 and Government Code Section 51175 through 51189, or other areas
designated by the enforcing agency to be at a significant risk from wildfires. Within
the City of San Luis Obispo this includes those areas designated as local very high fire
hazard severity zones.
OO. Amend Section 4905.3 to read as follows:
4905.3 Establishment of limits. The City of San Luis Obispo is considered a
“Community at Risk” due to the threat of wildfire impacting the urban community. The
City shall continue to enhance the fire safety and construction codes for new buildings
in order to reduce the risk of urban fires that may result from wildfires. New buildings
citywide shall incorporate the following construction methods and materials: Ignition
resistant exterior wall coverings; Fire sprinkler protection in attic areas (at least one
“pilot head”); Ember resistant vent systems for attics and under floor areas, protected
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eaves, and Class ‘A’ roof coverings as identified in the California Building Code
Chapter 7A.
PP. Amend Section 5601.1 and add exceptions 11 and 12 to read as follows:
5601.1 Scope. The provisions of this chapter shall govern the possession,
manufacture, storage, handling, sale and use of explosives, explosive materials,
fireworks, rockets, emergency signaling devices and small arms ammunition.
Manufacture, possession, storage, sale, transportation, handling or use of explosive
materials and the manufacture of explosive material and/or all fireworks, including Safe
and Sane as designated by the Office of the State Fire Marshal, is prohibited within the
City.
Exceptions:
1. - 10 as written.
11. Use and handling of fireworks for display in accordance with Section 5601.1.3
exception (3) when authorized by the fire code official and in full compliance
with Title 19, Division I, Chapter 6.
12. The transportation, handling or use of explosive materials in conjunction with
a City permitted construction or demolition project, subject to approval of the
fire code authority and conforming to the requirements of the California Code
of Regulations, Title 19, Division 1, Chapter 10.
QQ. Amend Section 5704.2.7 and Delete the Exception to Section 5704.2.7.5.8 to read as
follows:
5704.2.7 Design, construction and general installation requirements for tanks.
All tanks shall be protected tanks as defined in Section 5702. The design, fabrication,
and construction of tanks shall comply with NFPA 30. Tanks shall be of double-walled
construction and listed by Underwriters Laboratories (UL). Each tank shall bear a
permanent nameplate or marking indicating the standard used as the basis of design.
5704.2.7.5.8 Over-fill prevention. An approved means or method in accordance with
Section 5704.2.9.7.6 shall be provided to prevent the over-fill of all Class I, II and IIIA
liquid storage tanks. Storage tanks in refineries, bulk plants or terminals regulated by
Sections 5706.4 or 5706.7 shall have over-fill protection in accordance with API 2350.
An approved means or method in accordance with Section 5704.2.9.7.6 shall be provided
to prevent the overfilling of Class IIIB liquid storage tanks connected to fuel-burning
equipment inside buildings
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RR. Amend 5704.2.8.3 to read as follows:
5704.2.8.3 Secondary containment. Vaults shall be liquid tight and there shall be no
backfill around the tank or within the vault. The vault floor shall drain to a sump. For
pre-manufactured vaults, liquid tightness shall be certified as part of the listing
provided by a nationally recognized testing laboratory. For field-erected vaults, liquid
tightness shall be certified in an approved manner.
SS. Add Section 5704.2.8.11.1 to read as follows:
5704.2.8.11.1 Monitoring and detection. Activation of vapor detection systems
shall also shut off dispenser pumps. Monitoring and detection systems shall be
inspected and tested annually.
TT. Amend Sections 5704.2.9 to read as follows:
5704.2.9 Above-ground tanks outside of buildings. Above-ground storage of
flammable and combustible liquids in tanks outside of buildings shall comply with
Section 5704.2 and Sections 5704.2.9.1 through 5704.2.9.7.9 and Section 2306.2.3,
condition 3.
UU. Amend Section 5704.2.13.1.4 to read as follows:
5704.2.13.1.4 Tanks abandoned in place. A tank owner/operator proposing to
abandon a tank in place shall submit a permit application to the fire department for
assessment of soil contamination around the tank and product, vent and vapor piping.
If contamination is confirmed, a work plan for additional assessment or remediation
shall be submitted to the fire department within 30 days. If a tank is approved for
abandonment in place, the property owner will be required place a deed notice on the
property. The deed notice shall be notarized and recorded with the San Luis Obispo
County Clerk Recorder’s Office within 30 days of tank abandonment. Tanks
abandoned in place shall be as follows:
VV. Amend 5706.2.4 and the Exception to Section 5706.2.4 to read as follows:
5706.2.4 Permanent and temporary tanks. The capacity of permanent above-
ground tanks containing Class I, II or III liquids shall not exceed 1,100 gallons (4164L).
The capacity of temporary aboveground tanks containing class I, II, or III liquids shall
not exceed 8,000 gallons (30 274 L). Tanks shall be of the single-compartment design,
double-walled construction and shall be listed by Underwriters Laboratory (UL).
Exception: Permanent aboveground tanks of greater capacity which meet the
requirements of 5704.2, as amended, may be permitted when approved by the fire
code official.
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WW. Amend Section 5706.2.5 to read as follows:
5706.2.5 Type of tank. Tanks shall be listed for use by Underwriters Laboratory
(UL), provided with top openings only, and overfill protection, and approved
hoses/nozzles. Tanks shall be of double-walled construction or be provided with
secondary containment. Elevated gravity discharge tanks shall be permitted only by
approval of the fire code official.
XX. Amend Section 6104.2 to read as follows:
6104.2 Maximum capacity within established limits. The installation of any
liquid petroleum gas (LPG) tank over 500 gallons (1892 L) water capacity is prohibited
unless approved by the fire code official. In residential occupancies, LPG containers
are limited to 5 gallons (19 L) for use in outdoor appliances.
YY. Amend the Exception to Appendix Section B105.1 and the title of Table B105.1 (1)
to read as follows:
B105.2 One- and two-family dwellings. The minimum fire-flow and flow
duration for one- and two-family dwellings shall be as specified in Tables B105.1 (1)
and B105.1 (2).
Table B105.1(1)
REQUIRED FIRE-FLOW FOR ONE- AND TWO-FAMILY DWELLINGS
The remainder of the table is unchanged.
ZZ. Amend the Exception to Appendix Section B105.2 to read as follows:
B105.2 Buildings other than one- and two-family dwellings. The minimum fire-
flow and flow duration for buildings other than one- and two-family dwellings shall be
as specified in Table B105.1 (2).
Exception: A reduction in required fire-flow of up to 50 percent, as approved by
the fire code official, may be allowed when the building is provided with an
approved automatic sprinkler system installed in accordance with Section 903.3.1.1
or 903.3.1.2. The resulting fire-flow shall not be less than 1,500 gallons per minute
(5678 L/min) for the prescribed duration as specified in Table B105.1(2).
AAA. Amend Appendix Section D103.1 to read as follows:
D103.1 Access road width with a hydrant. Where a fire hydrant is located on a
fire apparatus road, the minimum road width shall be 26 feet (7925 mm). See Figure
D103.1.
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Exceptions to Figure D103.1: Cul-de-sac diameter may be a minimum of 70 feet
as approved by the fire code official. Parking in cul-de-sacs of less than 96 feet in
diameter shall be approved by the fire code official.
BBB. Amend Appendix Section D103.4, Table D103.4 and Figure D103.1 to read as
follows:
D103.4 Dead ends. Dead-end fire apparatus access roads in excess of 150 feet shall
be provided with width and turnaround provisions in accordance with Table D103.4,
as amended.
Exception: Where buildings along the dead-end road are protected by an approved
fire sprinkler system throughout, the distance may be increased to 300 feet (91 440
mm).
Table D103.4: The minimum fire apparatus turnaround cul-de-sac diameter shall
be 70 feet, curb to curb, when posted “No Parking”.
CCC. Amend Appendix Section D103.6 through D103.6.2 to read as follows:
D103.6 Signs. Where required by the fire code official, fire apparatus roads shall
be marked with permanent NO PARKING--FIRE LANE signs per city standards.
Signs shall be posted on one or both sides of the fire appar atus road as required by
Section D103.6.1 or D103.6.2.
D103.6.1 Roads less than 28 feet in width. Fire apparatus roads 20 to less than 28
feet wide shall be posted on both sides as a fire lane.
D103.6.2 Roads 28 or greater feet in width. Fire apparatus roads 28 to less than 36
feet wide shall be posted on one side of the road as a fire lane.
DDD. Amend Appendix Section D104.1 to read as follows:
D104.1 Buildings exceeding three stories or 30 feet in height. Buildings or
facilities exceeding 30 feet (9144 mm) or three stories in height shall have adequate
means of fire department access for each structure as approved by the fire code official.
EEE. Amend the Exception to Appendix Section D104.2 to read as follows:
D104.2 Buildings exceeding 62,000 square feet in area. Buildings or facilities
having a gross building area of more than 62,000 square feet (5760 m2) shall be
provided with two separate and approved fire apparatus access roads.
Exception: Buildings located in the commercial fire zone as shown on Figure 9-
A of this code may be provided with fire apparatus access roads having a minimum
width of 20 feet when approved by the fire code official.
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FFF. Amend Appendix Section D105.2 by adding an exception to read as follows:
D105.2 Width. Aerial fire apparatus access roads shall have a minimum
unobstructed width of 26 feet (7925 mm) in the immediate vicinity of any building or
portion of a building more than 30 feet (9144 mm) in height.
Exception: Buildings located in the commercial fire zone as shown on Figure 9-A
of this code may be provided with fire apparatus access roads having a minimum
width of 20 feet when approved by the fire code official.
GGG. Amend Section D106.1 to read as follows:
D106.1 Projects having more than 100 dwelling units. Multiple-family
residential projects having more than 100 dwelling units shall be equipped throughout
with two separate and approved fire apparatus access roads.
HHH. Delete Appendix Section D106.2.
III. Amend Appendix Section D107.1 and delete Exception 1 to read as follows:
D107.1 One- or two-family dwelling residential developments. Developments
of one- or two-family dwellings where the number of dwelling units exceeds 30 shall
be provided with separate and approved fire access roads and shall meet the
requirements of D104.3. Where the number of dwelling units is less than 30, the fire
code official may require additional access in accordance with Section 503.1.2.
Exception: The number of dwelling units on a single fire apparatus access road
shall not be increased unless fire apparatus access roads will connect with future
development, as determined by the fire code official.
SECTION 7. The Chief Building Official and Fire Code Official are hereby authorized
and directed to transmit a copy of this ordinance to the California Building Standards Commission
as required by California Health and Safety Code Section 17958.7.
SECTION 8. If any provision of this Ordinance is for any reason held to be invalid by a
court of competent jurisdiction, the City of San Luis Obispo hereby declares that it would have
passed each and every remaining provision irrespective of such holding in order to accomplish the
intent of this ordinance.
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SECTION 9. A summary of this ordinance, approved by the City Attorney, together with
the ayes and noes shall be published at least 5 days prior to its final passage in the Tribune, a
newspaper published and circulated in said City, and the same shall go into effect at the expiration
of 30 days after its final passage, but not before January 1, 2020. A copy of the full text of this
ordinance shall be on file in the Office of the City Clerk on and after the date following introduction
and passage to print and shall be available to any member of the public
INTRODUCED on the 22nd day of October 2019, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the 12th day of November 2019, on the following
roll call vote:
AYES:
NOES:
ABSENT:
Mayor Heidi Harmon
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, this _________ day of ___________________, _____________.
______________________________
Teresa Purrington
City Clerk
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Department Name: Police
Cost Center:
For Agenda of:
Placement:
Estimated Time:
8001
November 12, 2019
Consent
N/A
FROM: Deanna Cantrell, Chief of Police
Prepared By: John Bledsoe, Police Lieutenant
SUBJECT: POLICE EVIDENCE ACCOUNT
RECOMMENDATION
1.Authorize the transfer of funds from Fund 701 General Agency Fund – Police (for Evidence
funds) in the amount of $139,258 to General Fund balance; and
2.Authorize the Finance Director to return claimed funds that have been validated by the Police
Department, up to $7,500 to claimant from the Evidence Fund account; and
3.Authorize the City Manager to approve the close out of the Evidence Fund account annually,
at the end of each fiscal year, and appropriate funds accordingly; and
4.Adopt a Resolution (Attachment A) to appropriate funds in the General Fund for the purpose
of purchasing public safety equipment and/or other police related items.
DISCUSSION
The San Luis Obispo Police Department currently has approximately $139,258 held in the
General Agency Fund specific for Police Evidence funds. These funds have been found or seized
by the San Luis Obispo Police Department and held as evidence or booked for safekeeping. In
some cases, evidence associated with an active case cannot be released until the case has been
adjudicated (or settled in court). The time can be lengthy for most case adjudications.
According to the California Government Code §§50050 – 50057 and the Department’s Lexipol
policy, if the money found or seized is no longer required as evidence and remains unclaimed for
over three years, the department shall publish a notice for a period of two consecutive weeks in a
local newspaper. If any money remains unclaimed after the date designated in the notice, the
money will become the property of the City and can be transferred to the City’s General Fund.
A public notice was published by the City on August 29, 2019 and September 5, 2019, in the
New Times newspaper (a periodical that the City uses for all publication notices) for a total of
two weeks (Attachment B). However, there were no attempts from the public to claim any of the
evidence funds.
The department is requesting the unclaimed amount of $139,258 be transferred and appropriated
to the General Fund for Police use. The department will consult with the City Manager regarding
purchases; in general, purchases may include evidence management equipment, facility repairs
and improvements, training, and safety equipment. All of the uses will be one time and for the
purposes of enhancing or maintaining police services.
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Policy Context
Lexipol Policy 803.7.2
UNCLAIMED MONEY
If found or seized money is no longer required as evidence and remains unclaimed after
three years, the Department shall cause a notice to be published each week for a period of
two consecutive weeks in a local newspaper of general circulation (Government Code §
50050). Such notice shall state the amount of money, the fund in which it is held and that the
money will become the property of the agency on a designated date not less than 45 days and
not more than 60 days after the first publication (Government Code § 50051).
Any individual item with a value of less than $15.00, or any amount if the depositor/owner's
name is unknown, which remains unclaimed for a year or by order of the court, may be
transferred to the general fund without the necessity of public notice (Government Code §
50055).
If the money remains unclaimed as of the date designated in the published notice, the money
will become the property of this City and transferred to the City's General Fund
(Government Code § 50053).
Government Code Sections 50050 – 50057 (Attachment C)
Public Engagement
Per the Lexipol Policy, a notice was published for in the New Times newspaper. The public will
also have the opportunity to provide comment either in writing prior to the Council meeting or in
person as part of the public Council meeting.
CONCURRENCE
The City Finance Director and City Attorney both concur with the staff recommendation.
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: No Budget Year: 2019/20
Funding Identified: Yes
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Fiscal Analysis:
Funding Sources FY Cost Annualized On-
Going Cost
Total Project Cost
General Fund $139,258
State
Federal
Fees
Other:
Total $139,258
ALTERNATIVE
Council could deny this request and authorize the money to be returned to the General Fund for
other purposes. Staff does not recommend this alternative. The department met with staff from
the City Attorney’s office and the recommendation was to follow the attached Government Code
section which enables the City to take ownership of these funds if not claimed. The department
can use these funds to purchase critical equipment and conduct minor repairs that are currently
unfunded due to limited budgets and the Fiscal Health Response Plan.
Attachments:
a - Draft Resolution
b - Public Notice Proof of Publication
c - Government Code Sections 50050-50057
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R ______
RESOLUTION NO. _____ (2019 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AUTHORIZING THE TRANSFER OF FUNDS
FROM FUND 701 GENERAL AGENCY FUND – POLICE EVIDENCE
FUNDS, TO GENERAL FUND BALANCE
WHEREAS, the San Luis Obispo Police Department has a balance of approximately
$139,258 in the General Agency Fund for Police Evidence Funds,
WHEREAS, these funds have been found or seized by the San Luis Obispo Police
Department and held as evidence or booked for safekeeping, and funds are from cases that have
been adjudicated and unclaimed for three years or more;
WHEREAS, the City published a public advertisement for a two-week time period and
$139,258 remains unclaimed;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. That pursuant to Government Code Sections 50050-50057 of the State of
California, and the City of San Luis Obispo Police Lexipol Policy 803.7.2; if found or seized
money is no longer required as evidence and remains unclaimed after three years, the Department
shall cause a notice to be published and if the money remains unclaimed, the money will become
the property of this City and transferred to the City’s General Fund Balance.
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Resolution No. _____ (2019 Series) Page 2
R ______
SECTION 2. That all unclaimed funds will be appropriated from General Fund Balance
to the Police Department operating budget for the purpose of purchasing items related to Police
services.
Upon motion of _______________________, seconded by _______________________,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _____________________ 2019.
____________________________________
Mayor Heidi Harmon
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, this __________ day of ______________________, __________.
____________________________________
Teresa Purrington
City Clerk
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CODE TEXT
GOVERNMENT CODE - GOV
TITLE 5. LOCAL AGENCIES [50001 - 57550]
( Title 5 added by Stats. 1949, Ch. 81. )
DIVISION 1. CITIES AND COUNTIES [50001 - 52203]
( Division 1 added by Stats. 1949, Ch. 81. )
PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 -
51298.5]
( Part 1 added by Stats. 1949, Ch. 81. )
CHAPTER 1. General [50001 - 50290]
( Chapter 1 added by Stats. 1949, Ch. 81. )
ARTICLE 3. Financial Affairs [50050 - 50057]
( Article 3 added by Stats. 1949, Ch. 81. )
50050.
For purposes of this article, “local agency” includes all districts. Except as otherwise provided by law,
money, excluding restitution to victims, that is not the property of a local agency that remains unclaimed
in its treasury or in the official custody of its officers for three years is the property of the local agency after
notice if not claimed or if no verified complaint is filed and served. At any time after the expiration of the
three-year period, the treasurer of the local agency may cause a notice to be published once a week for two
successive weeks in a newspaper of general circulation published in the local agency. At the expiration of
the three-year period, money representing restitution collected on behalf of victims shall be deposited into
the Restitution Fund or used by the local agency for purposes of victim services. If a local agency elects to
use the money for purposes of victim services, the local agency shall first document that it has made a
reasonable effort to locate and notify the victim to whom the restitution is owed. The local agency may
utilize fees collected pursuant to subdivision (l) of Section 1203.1 or subdivision (f) of Section 2085.5 of
the Penal Code to offset the reasonable cost of locating and notifying the victim to whom restitution is
owed. With respect to moneys deposited with the county treasurer pursuant to Section 7663 of the Probate
Code, this three-year period to claim money held by a local agency is extended for an infant or person of
unsound mind until one year from the date his or her disability ceases.
For purposes of this section, “infant” and “person of unsound mind” have the same meaning as given to
those terms as used in Section 1441 of the Code of Civil Procedure.
(Amended by Stats. 2013, Ch. 457, Sec. 1. (AB 934) Effective January 1, 2014.)
50051.
The notice shall state the amount of money, the fund in which it is held, and that it is proposed that the
money will become the property of the local agency on a designated date not less than forty-five days nor
more than sixty days after the first publication of the notice.
(Added by Stats. 1949, Ch. 81.)
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50052.
Upon or prior to publication, a party of interest may file a claim with the treasurer which must include the
claimant’s name, address, amount of claim, the grounds on which the claim is founded, and any other
information that may be required by the treasurer. The claim shall be filed before the date the unclaimed
money becomes the property of the local agency as provided under Section 50051 and the treasurer shall
accept or reject that claim. If the claim is rejected by the treasurer, the party who submitted the claim may
file a verified complaint seeking to recover all, or a designated part, of the money in a court of competent
jurisdiction within the county in which the notice is published, and serves a copy of the complaint and the
summons issued thereon upon the treasurer. The copy of the complaint and summons shall be served within
30 days of receiving notice that the claim was rejected. The treasurer shall withhold the release of the
portion of unclaimed money for which a court action has been filed as provided in this section until a
decision is rendered by the court.
(Amended by Stats. 1984, Ch. 866, Sec. 2.)
50052.5.
(a) Notwithstanding Section 50052, the treasurer may release to the depositor of the unclaimed money, their
heir, beneficiary, or duly appointed representative, unclaimed money if claimed prior to the date the money
becomes the property of the local agency upon submitting proof satisfactory to the treasurer, unless the
unclaimed money is deposited pursuant to Section 7663 of the Probate Code.
(b) Notwithstanding Section 50052, the treasurer may release unclaimed money deposited with the county
treasurer pursuant to Section 7663 of the Probate Code, to any adult blood relative of either the decedent or
the decedent’s predeceased spouse.
(c) Notwithstanding Section 50052, the treasurer may release unclaimed money deposited with the county
treasurer pursuant to Section 7663 of the Probate Code to the parent who has legal and physical custody of
a minor who is a blood relative of either the decedent or the decedent’s predeceased spouse without the
need to appoint a legal guardian for the minor as follows:
(1) If the value of the unclaimed money deposited with the county treasurer is five thousand dollars ($5,000)
or less, the treasurer may release the money according to Section 3401 of the Probate Code.
(2) If the value of the unclaimed money deposited with the county treasurer is sixty thousand dollars
($60,000) or less, and the money is not released under paragraph (1), the unclaimed money may be released
by the treasurer to the parent who shall, after payment of any costs incurred in making the claim, hold the
money in trust, to be used only for the care, maintenance, and education of the minor, and the parent shall
be liable therefor to the minor under the fiduciary laws of this state. The money held in trust shall be released
to the minor when the minor reaches the age of majority.
(d) The claim shall be presented to the county treasurer in affidavit form and signed under penalty of
perjury. Notwithstanding Section 13101 of the Probate Code, the claimant, to be entitled to the entire
escheated estate, needs only to establish with documentary proof the existence of a blood relationship to
either the decedent or of the predeceased spouse, if any, and the documentary proof, if regular on its face,
need not be certified. Notwithstanding Section 13101 of the Probate Code, the claimant shall not be required
to declare that no other person has an equal or superior claim to the escheated estate.
The county treasurer may rely in good faith on the sworn statements made in the claim and shall have no
duty to inquire into the truth or credibility of evidence submitted.
In paying out the escheated estate, the county treasurer shall be held harmless to all. Payment shall act as
total acquittance and shall completely discharge the county treasurer from any liability.
If the county treasurer rejects any claim made hereunder, the claimant may take his or her grievance to the
Superior Court of the county holding the escheated estate.
Any claim paid hereunder shall be paid without interest.
(Amended by Stats. 2000, Ch. 333, Sec. 1. Effective January 1, 2001.)
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50053.
When any such money becomes the property of a local agency and is in a special fund, the legislative body
may transfer it to the general fund.
(Added by Stats. 1949, Ch. 81.)
50054.
Whenever any city or county or city and county renders construction services or constructs public works
for any city, county, city and county or any other governmental agency below the level of the state
government, the price charged for such services or construction shall be sufficient to reimburse the
governmental body performing such services for the full cost thereof including labor, material, equipment
costs or rentals and a reasonable allowance for overhead. In computing overhead, without limitation on
other factors properly includable, there shall be allocated to the overhead cost its proportionate share of
indirect labor and administrative costs.
(Added by Stats. 1971, Ch. 558.)
50055.
Any other provision of this article notwithstanding, any individual items of less than fifteen dollars ($15),
or any amount if the depositor’s name is unknown, which remain unclaimed in the treasury or in the official
custody of an officer of a local agency for the period of one year or upon an order of the court may be
transferred to the general fund by the legislative body without the necessity of publication of a notice in a
newspaper.
(Amended by Stats. 1996, Ch. 89, Sec. 1. Effective July 1, 1996.)
50056.
The responsibilities of the treasurer as provided under this article may be delegated by the treasurer to the
agency, district, or department that maintains the supporting records of the unclaimed money based on the
initial receipt or deposit of that money or both.
(Added by Stats. 1984, Ch. 866, Sec. 4.)
50057.
For individual items in the amount of five thousand dollars ($5,000) or less, the legislative body of any
county may, by resolution, authorize the county treasurer to perform on its behalf any act required or
authorized to be performed by it under Sections 50050, 50053, and 50055. The resolution shall require that
the county auditor be informed of each act performed under the authorization.
(Amended by Stats. 2011, Ch. 382, Sec. 2. (SB 194) Effective January 1, 2012.)
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Department Name: Public Works
Cost Center:
For Agenda of:
Placement:
Estimated Time:
7001
November 12, 2019
Consent
N/A
FROM: Shelly Stanwyck, Interim Public Works Director
Prepared By: Shelsie Kloepper, Engineer III
SUBJECT: PARKS AND RECREATION OFFICE REHABILITATION PROJECT,
SPECIFICATION NO. 91562
RECOMMENDATION
Approve the Project Plans (Attachment A) and Special Provisions (Attachment B) for the Parks
and Recreation Office Rehabilitation Project, Specification 91562, authorize staff to advertise for
bids and authorize the City Manager to award the construction contract for the Bid Total if the
lowest responsible bid is within the Engineer’s Estimate $340,000.
DISCUSSION
Background
The Parks and Recreation office building was constructed and has been occupied since 1997.
Since opening, there have been no improvements to the interior of the building (paint or flooring)
since its original construction. The staff working out of this building perform a variety of
activities which result in a mixture of both office and field related work in all type of weather
conditions. Due to the nature of the work performed by staff based out of this building (in the
field, parks, and facilities during all weather conditions), the age of the building, the service to
the public and the passage of twenty years, the interior of the building requires rehabilitation. At
this stage, the flooring and the fabric furniture cannot be sufficiently cleaned or is worn out.
The rehabilitation of the Parks and Recreation Office building includes new furniture in some
areas as well as the rearrangement of modular furnishing to create a new open office layout. The
new layout will reflect the use of areas by multiple staff members at different times of day, and
incorporate new “all weather” flooring, painting throughout the building, and an IT infrastructure
upgrade (the facility has the oldest fiber of all City facilities and it must be upgraded). Parks and
Recreation Staff will work out of other city facilities while construction is underway.
Previous Council or Advisory Body Action
This project was identified in the 2017-19 Financial Plan that was approved by Council. This
project was not completed during the 2017-19 financial plan because funds were re-appropriated
to complete the Laurel Lane Complete Street project. The project is an approved CIP in the
2019-21 Financial Plan (Page 351).
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Policy Context
Per the October 2018 Purchasing Policy Update to the July 2015 Financial Management Manual,
Council approval is required for Public Projects that cost over $175,000.
Public Engagement
Public engagement was done during the initial identification of this project to be included in the
2017-19 Financial Plan. The Parks and Recreation Commission has also been apprised of this
project.
CONCURRENCE
There is concurrence from the Community Development Department through its review of the
project for building permit issuance. This project also has concurrence from the Parks and
Recreation Department through its involvement in the project development process and review
of project plans.
ENVIRONMENTAL REVIEW
This project is exempt from environmental review under Section 15301 Class 1 (existing
facilities) of the California Environmental Quality Act (CEQA) Guidelines because the project
proposes to work within the existing building footprint and replace furniture with similar
equipment. The project is consistent with the applicable general plan policies as well as with
applicable City Regulations.
FISCAL IMPACT
Budgeted: Yes Budget Year: 2019-20
Funding Identified: Yes
Fiscal Analysis:
Funding Sources Current FY Cost Annualized
On-going Cost
Total Project
Cost
General Fund: Capital
Outlay Fund Local
Revenue Measure
$400,000 $400,000
State
Federal
Fees
Other:
Total $400,000 N/A $400,000
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Project Cost Estimate
Construction Estimate $340,000
Contingency (20%) $60,000
Total for Project $400,000
The Parks and Recreation Office Rehabilitation Project was originally identified in the 2017-19
Financial Plan (page E2-29 through E2-30). The project is was funded for design and partially
funded for construction in FY 18-19 and construction in 2019-20. In June 2018, staff
recommended, and Council approved, the appropriation of this project’s construction funding of
$61,000 to the Laurel Lane Complete Streets Project. Sufficient funding remained to complete
the project design phase.
Additional funding was requested and approved in the 2019-21 Financial Plan; this additional
budget allocation was necessary to support the need for new modular furniture and IT Equipment
that would further extend the functionality of the facility, as well as provide additional
contingency funds to support increasing costs of construction. The approved budget appropriated
$400,000 to support the project construction phase, which is 100% funded through the Local
Revenue Measure.
ALTERNATIVES
Deny authorization to advertise. Denying authorization to advertise this project is not
recommended because the Parks and Recreation Office Building is in need of rehabilitation and
advertising this project for bids will allow the City to capitalize on the investment made to date
for design development.
Attachments:
a - COUNCIL READING FILE - 91562 Project Plans
b - COUNCIL READING FILE - 91562 Project Special Provisions
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Department Name: Public Works
Cost Center:
For Agenda of:
Placement:
Estimated Time:
5002
November 12, 2019
Consent
N/A
FROM: Shelly Stanwyck, Assistant City Manager Community Services
Prepared By: Shelsie Kloepper, Engineer III
SUBJECT: ISLAY HILL PARK PLAYGROUND RENOVATION, SPECIFICATION NO.
91654
RECOMMENDATION
1.As recommended by the Parks and Recreation Commission, approve the Project Plans
(Attachment A) and Special Provisions (Attachment B) for the Islay Hill Park Playground
Renovation Project, Specification Number 91654; and
2.Authorize staff to advertise for bids and authorize the City Manager to award the
construction contract if the lowest responsible bid is within the publicly disclosed
Funding Amount of $300,000; and
3.Approve a City Sole Source purchase from GameTime Equipment in an amount not to
exceed $150,000 for purchase of playground equipment and authorize Finance Director
to execute Purchase Order upon receipt of final quote.
DISCUSSION
Background
Replacing playground equipment in the City’s parks limits the City’s liability exposure and
keeps the City in compliance with State regulations. In 1999, staff developed a plan to identify
replacement of the City’s park playground equipment, which anticipates the useful life of the
equipment to be 15 years. Islay Hill Park Playground was built in 1997 and is the next
playground scheduled to be replaced. In 2008, the State passed AB 1144 which mandates that all
play equipment constructed between 1994 and 1999 must be replaced or upgraded within 15
years of installation.
The scope of the Islay Hill Park Playground Renovation is to replace the existing playground
equipment and provide a new playground layout within the existing playground footprint. The
project also includes Americans with Disabilities Act (ADA) path of travel upgrades from the
parking lot to the playground.
Staff contracted with Wallace Group to propose new playground layout alternatives, engage in
public outreach and discussion of improvement options, and design the playground renovation as
well as the associated civil engineering and site improvements. During the preliminary design
phase, Wallace Group worked with several playground equipment vendors and presented options
from three different vendors to the Parks and Recreation Commission (PRC). The PRC approved
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Figure 1: Five to twelve-year-old interconnective climbing course
a final playground layout with equipment manufactured by GameTime. The final GameTime
layout incorporates shade features for all ages and focuses on a unique interconnective climbing
course for the five to twelve-year-old play area. The layout also included many of the most voted
on elements from the public outreach events for the two to five-year-old play area including
mini-monkey bars, musical components, a teeter-totter, and a spinner.
In order for the contractor to be able to construct the playground as approved by PRC, the
contractor must use GameTime play equipment. GameTime equipment provides a discount to
government organizations when purchased directly. Staff recommends purchasing the play
equipment directly from GameTime Equipment (Attachment C) which will reduce construction
cost by approximately $20,000.
Previous Council or Advisory Body Action
This project was identified in the 2017-19 Financial Plan that was approved by Council. The
PRC approved the proposed project layout with GameTime equipment at the April 3, 2019,
meeting.
Policy Context
Per the October 2018 Purchasing Policy Update to the July 2015 Financial Management Manual,
Council approval is required for Public Projects that cost over $175,000. The PRC is an advisory
body that reviews projects and provides recommendations to Council. Through the review and
approval of the Islay Hill Park Playground layout the PRC recommends approval of the project
to Council.
Public Engagement
Public engagement was done throughout the design of this project. Several public outreach
events were conducted at the park and the park design was discussed at the February 6, 2019
(Attachment D), and April 3, 2019 (Attachment E), PRC Meetings. During the February 6th
meeting the PRC reviewed layouts from three playground vendors and provided feedback to
create the final layout. During the April 3rd meeting the PRC approved the final layout with
GameTime equipment.
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CONCURRENCE
There is concurrence from Parks and Recreation, Public Works, and Community Development
Departments.
ENVIRONMENTAL REVIEW
This project is exempt from environmental review under Section 15301 Class 1 (existing
facilities) of the California Environmental Quality Act (CEQA) Guidelines because the project
proposes to replace the existing playground with similar equipment. The project is consistent
with the applicable general plan policies as well as with applicable City Regulations.
FISCAL IMPACT
Budgeted: Yes Budget Year: 2020
Funding Identified: Yes
Fiscal Analysis:
Funding Sources Current FY Cost
Annualized
On-going Cost
Total Project
Cost
General Fund: Local
Revenue Measure Fund $500,000 $500,000
State
Federal
Fees
Other:
Total $500,000 N/A $500,000
Project Cost Estimate
City Playground
Equipment Purchase
$150,000
Construction Estimate $270,000
Contingency (28% of
Construction Estimate)
$75,000
Materials Testing $5,000
Total for Project $500,000
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Item 7
While the construction estimate is $270,000, staff is requesting authorization to award a contract
up to the Publicly Disclosed Funding amount of $300,000 in compliance Public Contract Code
Section 20103.8C. If the full $300,000 have to be allocated, the construction contingency will be
lowered accordingly.
This project is funded by the Local Revenue Measure.
ALTERNATIVES
The Council could choose to deny authorization to advertise. This is not recommended because
the playground equipment is deteriorating, and the playground will need to be closed if not
replaced soon.
Attachments:
a - COUNCIL READING FILE - Project Plans
b - COUNCIL READING FILE - Project Special Provisions
c - Sole Source Justification for GameTime
d - COUNCIL READING FILE - February 6, 2019 PRC Meeting Minutes
e - COUNCIL READING FILE - April 3, 2019 PRC Meeting Minutes
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City of San Luis Obispo Sole Source Justification Form
GameTime c/o Great Western
It is the policy of the City of San Luis Obispo to solicit quotations or bids for purchases of commodities or
services for specified dollar amounts and to select vendors on a competitive basis (See City of San Luis
Obispo Financial Management Manual, Section 201, Exhibit 201‐B).
Pursuant to San Luis Obispo Municipal Code Chapter 3.24.060, certain acquisitions in which the products
or services may only be obtained from a single source may be purchased without engaging in bidding
procedures. Such Sole Source acquisitions must be justified in sufficient detail to explain the basis for
suspending the usual competitive procurement process and approved by the approving authority before
such a purchase is made.
1. What product or service is being requested? Why is it necessary?
The purchase of park playground equipment. The playground equipment is required for the Islay Hill
Park Playground Renovation project.
2. Is this “brand” of product or services offered the only one that meets the City’s requirements? If
yes, what is unique about the product/services?
This vendor produces equipment that will completely match the layouts that were reviewed and
approved by the Parks and Recreation commission. There are other playground equipment
manufacturers, but GameTime’s equipment was specifically chosen by the Parks and Recreation
Commission.
3. Is the product or service proprietary or is it available from various dealers? Have you verified this?
Playground equipment is available from various dealers, but this specific layout can only be created
from GameTime. This was verified during the design stage.
4. Have other products/vendors been considered? If yes, which products/vendors have been
considered and how did they fail to meet the City’s requirements?
Yes two other playground equipment manufacturers were considered and reviewed. The Parks and
Recreation Commission and the public reviewed layouts from other manufacturers. The other
vendors’ products and layout designs were ultimately not selected as the best fit for this park
renovation.
5. Is the purchase an upgrade or addition to an existing system or brand of products adopted citywide?
If so, will purchase of this product avoid other costs as opposed to purchasing another product or
service (e.g., additional training required; data conversion; implementation of a new system; etc.)?
This purchase will be an upgrade to the existing system in order to meet current ADA and State
Requirements. The purchase of this equipment directly from the manufacturer will result in a $20,000
discount for the City. Purchase of this equipment is specific to the Islay Park Renovation Project,
future park renovations may utilize another equipment manufacturer.
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Item 7
City of San Luis Obispo Sole Source Justification Form
6. Is this a request for services by a contractor with necessary, unique and critical knowledge of
established City systems or programs? If so, will using the contractor’s services avoid other costs
(e.g.: significant staff time in compiling information, data transfers, etc.)?
This request does not eliminate the need for a competitive bidd ing process for the construction of the
project. The Contractor will be required to meet the appropriate licensing requirements to install the
purchased equipment.
7. What is the quoted price for the product or services and is it reasonable (based on other products
or services in the same field or based on historical pricing for the City for similar products or
services)?
The estimated price for the playground equipment is $144,502.26. This is a reasonable fee for the
equipment provided.
Approved:
______________________________________ _____________________
Name: Date
Title:
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Item 7
Department Name: Administration
Cost Center:
For Agenda of:
Placement:
Estimated Time:
1021
November 12, 2019
Consent
N/A
FROM: Greg Hermann, Deputy City Manager
Prepared By: Teresa Purrington, City Clerk
SUBJECT: SCHEDULE OF CITY COUNCIL MEETINGS FOR 2020
RECOMMENDATION
Adopt the proposed 2020 Regular City Council meeting schedule with meetings normally held
the first and third Tuesday of every month, with the following exceptions:
1.Reschedule the Regular City Council meeting of January 7 to January 14, 2020,
2.Reschedule the Regular City Council Meeting of November 3 to November 10, 2020,
3.Cancel the Regular City Council meetings of August 4 and December 15, 2020.
DISCUSSION
The City Council’s regular meetings are scheduled for the first and third Tuesday of every month
pursuant to Section 1.1.2.1 of the Council Policies & Procedures. The proposed 2020 meeting
schedule is provided for Council consideration (Attachment A).
Summer and Winter Council Meeting Schedule
Since 1994, it has been the practice of the City Council to cancel a regular meeting in the months
of August and/or December. This practice allows the Council an opportunity to plan vacations,
reduce meeting absences, and maximize public participation. Historically the first meeting in
August has been cancelled and when the second meeting in December falls close to the holidays,
the second meeting in December has been cancelled.
Election Day
After reviewing the calendar for the November 2020 Election, staff recognized that the date of
the first regular City Council meeting of November 2020 is Tuesday, November 3; as is the
General Municipal Election, Therefore, in accordance with past practice, staff is recommending
that the first regular meeting in November be rescheduled to Tuesday, November 10, 2020.
Policy Context
The recommended action follows Section 1.1.2.1 of the Council Policies & Procedures with the
City Council’s regular meetings scheduled generally for the first and third Tuesday of every
month and previously established practice for cancelling and rescheduling of meetings.
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Public Engagement
This is an administrative item and the meeting dates are established in the Council Policies and
Procedures. Public comment regarding this item can be provided to the City Council through
written correspondence and through public testimony at the meeting.
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: N/A Budget Year: N/A
Funding Identified: N/A
Fiscal Analysis:
Funding Sources Current FY Cost
Annualized
On-going Cost
Total Project
Cost
General Fund N/A
State
Federal
Fees
Other:
Total
There are no fiscal impacts associated with approving the Council meeting dates for 2020 as they
are already accounted for in the annual budget.
ALTERNATIVES
Council could choose a different date in August and/or December to cancel or choose not to
cancel either of those meetings.
Attachments:
a - 2020 Schedule of City Council Meetings
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Regular Meetings Holidays
Recommend Cancellation
Re-scheduled Regular
October November December
January February March
April May June
2020
City Council Meeting Schedule
July August September
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Item 8
Department Name: City Attorney
Cost Center:
For Agenda of:
Placement:
Estimated Time:
1501
November 12, 2019
Consent
N/A
FROM: Christine Dietrick, City Attorney
Prepared By: Bailey Hicks, Legal Assistant
Kelly White, Legal Assistant/Paralegal
SUBJECT: AMENDMENT TO LEGAL SERVICES AGREEMENT FOR CONTRACT
DEPUTY CITY ATTORNEY SERVICES
RECOMMENDATION
1.A Third Amendment to the Legal Services Agreement with the law firm of Hanley and
Fleishman, LLP, adding an additional eight months to the agreement and increasing the
cumulative not-to-exceed amount from $180,000 to $228,000.
2.The Finance Director to appropriate funds currently held in a City liability account to the
City Attorney’s contract services budget in the amount of $21,707.05 and authorizing the
use of those funds and funds currently available within department budget to support the
contract amendment.
3.The City Attorney to re-allocate the funds approved to support this contract amendment if
the City Attorney determines that the workload demand or service needs of the office can
be more efficiently or cost effectively addressed by retention of temporary, part-time
staffing or through different contract services arrangements.
DISCUSSION
Over the 30 months of the agreement, Hanley and Fleishman, LLP has consistently shown itself
to be a cost-effective resource. Most notably making numerous court appearances, in support of
the filing of misdemeanor criminal citations, responding to records and subpoena requests, and
acting as advisor to Code Enforcement staff, in addition to providing supplemental personnel and
general municipal advisory services to address increasing baseline workload. These services are
provided on a flat-rate basis so that unpredictable spikes in workload do not result in
unpredictable cost increases. This arrangement has proven cost effective and integral to
supporting the transition of the new Assistant City Attorney, while allowing regular staff of the
department to address other organizational demand for ongoing legal services on major projects
and high priority and emerging issues.
Because of their performance to date, the City Attorney recommends extending the term of the
current flat-rate, month-to-month agreement by eight months (to May 31, 2020) and to increase
the not-to-exceed amount to $228,000. The City Attorney recommends this amendment
(Attachment A) as a means to accomplish the goals for which department has been given
contract and staffing budget. The contract remains terminable for convenience or financial need
with 30 days’ notice.
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Item 9
BACKGROUND
Previous Council or Advisory Body Action
In June 2017 the City Council authorized the First Amendment to this agreement, and in
November 2018 authorized the Second Amendment (Attachment B).
Public Engagement
This is an administrative item, so no outside public engagement was completed. Public comment
can be provided to the City Council through written correspondence prior to the meeting and
through public testimony at the meeting.
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: Partially (see table below) Budget Year: 2019/20
Funding Identified: Yes
Fiscal Analysis:
Funding Sources
Total Funding
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund:
temp. salaries
$8,800
(previously budgeted)
$1,292.95
(previously
appropriated) $7,507.05 N/A
General Fund:
contract services
$25,000
(previously budgeted)
$25,000
(previously
appropriated) $0 N/A
State $0 $0 $0
Federal $0 $0 $0
Fees $0 $0 $0
Other:
Code Enforcement
Settlements
$21,707.05
(previously
unbudgeted)
$21,707.05
(appropriation
requested) $0 N/A
Total $55,507.05 $48,000 $6,200 N/A
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Item 9
The City Attorney Department’s contract services account was previously allocated $25,000 for
code enforcement use, which is appropriated within the department’s current budget and the City
Attorney is requesting it be encumbered in support of the contract extension. The City also
accumulated funds in the City liability account in the amount of $21,707.05 from previous code
enforcement settlements completed by the Department; the funds being previously
unappropriated, but the City Attorney is requesting they be appropriated by Council for this code
enforcement support use (Attachment C). The remaining funding of $1,292.95 for the contract
amendment requested, will come from the existing temporary salaries account with in the City
Attorney’s Department current budget. The Department is requesting to use these funds for
continued and expanded support of code enforcement services that are included in this
Agreement.
ALTERNATIVES
Do not authorize the Third Amendment to the Agreement. The consequences of this action
would be to limit the department’s ability to efficiently accomplish the code enforcement,
records, development review and other general municipal law support services expected of it,
including the timely filing of misdemeanor criminal citations and related court appearances.
Attachments:
a - Third Amendment to Agreement with Hanley and Fleishman
b - First & Second Amendment to Agreement with Hanley and Fleishman
c - Draft Resolution
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Item 9
THIRD AMENDMENT TO AGREEMENT
This Second Amendment to Agreement is made and entered in the City of San Luis Obispo on
, by and between the CITY OF SAN LUIS OBISPO, a municipal corporation,
herein after referred to as City, and HANLEY AND FLEISHMAN, LLP, a limited liability partnership,
hereinafter referred to as Consultant.
W I T N E S S E T H:
WHEREAS, on April 1, 2017, the City entered into an Agreement with Consultant for
professional legal services to serve as a contract deputy city attorney; and
WHEREAS, on June 6, 2017, the parties executed a First Amendment to said Agreement; and
WHEREAS, on November 1, 2018, the parties executed a Second Amendment to said
Agreement; and
WHEREAS, the City has received excellent and efficient service to date from Consultant under
said Agreement; and
WHEREAS, the parties seek to modify certain provisions of the Agreement between them.
NOW, THEREFORE, in consideration of their mutual promises, obligations and covenants
hereinafter contained, the parties hereto agree as follows:
1.The “COMPENSATION.” Section is modified to read “…a sum not to exceed six
thousand dollars ($6,000.00) per month, or $228,000 over the term of the Agreement.
2.The last sentence of the “TERM AND TERMINATION.” Section is modified to read
“This Agreement shall continue until termination, until May 31, 2020, or until modified
by written Agreement of the parties.”
3.All other terms and conditions of the Agreement, as amended hereby, remain in full force
and effect.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day
and year first above written.
CITY OF SAN LUIS OBISPO
By:________________________________
J. Christine Dietrick, City Attorney
Signed on __________________________
HANLEY AND FLEISHMAN, LLP
By: ________________________________
Roy A. Hanley
Its:
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R ______
RESOLUTION NO. _____ (2019 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, APPROVING AN AMENDMENT TO THE
LEGAL SERVICES CONTRACT WITH HANLEY AND FLEISHMAN,
LLP, AND RELATED BUDGETARY APPROPRIATIONS
WHEREAS, in April 2017 the law firm Hanley and Fleishman, LLP, (“H&F”) began
providing professional legal services to the City through an agreement to provide contract Deputy
City Attorney services related to general municipal prosecution, transactional and advisory
support; and
WHEREAS, H&F, as contract Deputy City Attorney, provided the City with various types
of support as assigned by the City Attorney, including filing and making in-person court
appearances in support of criminal misdemeanor complaints for violations of the City’s municipal
code; and
WHEREAS, H&F has continually proven to be a reliable and efficient source of legal
services at a negotiated flat rate, as the workload of the City Attorney’s Office has increased, and
the City Attorney has needed to delegate tasks to address demands in a timely manner; and
WHEREAS, the workload of the City Attorney’s Office continues to require legal services
in addition to those provided by its two regular staff members (the City Attorney and Assistant
City Attorney); and
WHEREAS, over the term of the City’s contract with H&F, funding to support the contract
has come from City Attorney’s Office budget for contract services and temporary salaries; these
funds being appropriated in the budget for use towards such purposes; and
WHEREAS, at this time, the City Attorney requests an amendment of the H&F contract
to extend the term through May 31, 2020 at the existing flat rate, which would require the
encumbrance of an additional $48,000 to support the contract extension; and
WHEREAS, the City has recovered $21,707.05 through settlement agreements related to
various code enforcement cases, which is currently being held in a City liability account, which
has not been appropriated to any other purpose; and
WHEREAS, the City Attorney requests the balance of settlement agreement funds be used
towards the requested contract amendment to fund continued and expanded code enforcement
legal support services.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Approve and authorize the City Attorney to execute the proposed contract
amendment with H&F extending the term through May 31, 2020 and approve the use of currently
budgeted and appropriated contract services ($25,000) and temporary salaries ($1,292.95) funding,
as well as currently unbudgeted and unappropriated code enforcement settlement agreement funds
($21,707.05), as specified in the staff report.
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Item 9
Resolution No. _____ (2019 Series) Page 2
R ______
SECTION 2. Direct the Finance Director to move the balance of $21,707.05 currently in
a City liability account for code enforcement settlement agreements to the City Attorney contract
services budget line.
SECTION 3. Authorize the City Attorney to re-allocate the funds approved to support
this contract amendment if the City Attorney determines that the workload demand or service
needs of the office can be more efficiently or cost effectively addressed by retention of temporary,
part-time staffing or through different contract services arrangements.
Upon motion of _______________________, seconded by _______________________,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _____________________ 2019.
____________________________________
Mayor Heidi Harmon
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, this __________ day of ______________________, __________.
____________________________________
Teresa Purrington
City Clerk
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Item 9
Department Name: Community Development
Cost Center:
For Agenda of:
Placement:
Estimated Time:
4003
November 12, 2019
Public Hearing
90 minutes
FROM: Michael Codron, Community Development Director
Prepared By: Rachel Cohen, Associate Planner
SUBJECT: REVIEW OF A NEW 23,344-SQUARE FOOT PERFORMING ARTS
FACILITY AND A NEW 162,909-SQUARE FOOT PARKING STRUCTURE
WITH 404 PARKING SPACES, INCLUDING ARCHITECTURAL REVIEW, A
GENERAL PLAN AMENDMENT CHANGING THE PROJECT SITE FROM
OFFICE AND MEDIUM-HIGH DENSITY RESIDENTIAL TO GENERAL
RETAIL, A ZONE CHANGE FROM OFFICE WITH A HISTORIC DISTRICT
OVERLAY (O-H) AND MEDIUM-HIGH DENSITY RESIDENTIAL (R-3) TO
DOWNTOWN COMMERCIAL ZONE WITH A HISTORIC OVERLAY (C-D-
H), A DEVIATION TO THE HEIGHT AND FLOOR AREA RATIO
MAXIMUM FOR THE PARKING STRUCTURE, AND USE PERMITS TO
ALLOW A PERFORMING ARTS FACILITY AND A PARKING
STRUCTURE WITHIN THE DOWNTOWN COMMERCIAL ZONE WITH AN
ADDENDUM TO THE PREVIOUSLY CERTIFIED FINAL
ENVIRONMENTAL IMPACT REPORT (EID-0349-2017) TO ADDRESS THE
REZONE AND GENERAL PLAN AMENDMENT FOR THE PROJECT.
RECOMMENDATION
1.Adopt a Resolution (Attachment A) approving the project; and
2.Introduce an Ordinance (Attachment B) rezoning the property for the proposed uses.
REPORT-IN-BRIEF
Two new structures are being proposed on the subject properties. SLO Repertory Theatre (SLO
Rep Theatre) is proposing a new 23,344-square foot performing arts facility with two
performance spaces, rehearsal space, workshop and storage areas, lobby, a balcony and roof deck
and administrative offices (Attachment C). The City of San Luis Obispo is proposing a new
162,909-square foot parking structure with 404 parking spaces (Attachment D). The proposed
project requires review of the following:
1.Architecture;
2.A General Plan Amendment changing the project site from Office and Medium-High
Density Residential to General Retail;
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Item 10
3. A zone change from Office with a Historic District Overlay (O-H) and Medium-High
Density Residential (R-3) to Downtown Commercial Zone with Historic Overlay (C-D-H);
4. Exception to the height and floor area ratio for the parking structure;
5. Use permits to allow a theater, parking structure, and ground floor residential within the
Downtown Commercial zone; and
6. An addendum to the certified Final Environmental Impact Report (FEIR).
The architectural design of project was reviewed by the Architectural Review Commission
(ARC), the Cultural Heritage Committee (CHC), for consistency with the Community Design
Guidelines and the Historic Preservation Program Guidelines respectively. The ARC provided
comments to the applicants and ultimately recommended the Planning Commission recommend
approval of the architecture. The CHC recommended the Planning Commission find the Parking
Structure architectural designs compatible with the Downtown Historic District and continued
the review of the Heyd Adobe and the SLO Rep Theater components of the project with
direction. The Planning Commission considered the recommendations from the ARC and CHC
as well as reviewed the other project components listed above.
After reviewing the project and receiving public comment, the Planning Commission
recommends the City Council approve the proposed Palm Nipomo Parking Structure project and
recommends the forthcoming building that will line the parking structure include residential
units, based on the architectural concept that was presented at the October 23, 2019 Planning
Commission meeting. The Planning Commission made a second motion and recommends the
Council consider developing a process to identify parties to move the adobe and find creative
adaptation for its use (Attachments E and F).
DISCUSSION
Site Data
Applicant SLO Rep and City of SLO
Representative SLO Rep – Bryce Engstrom
City of SLO – Richard Burde
Zoning O-H (Office-Historic District Overlay)
and R-3 (Medium-High Density
Residential)
General Plan Office and Medium-High Residential
Site Area 1.38
Environmental
Status
Certified FEIR and an Addendum
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Background
In 2003 the City Council identified constructing the Palm Nipomo Parking Structure as a Major
City Goal. Since that time, City staff has worked with the Council and the public in a variety of
study sessions, meetings, and workshops to assemble properties, refine the design and conduct an
environmental review of the overall project (Attachment G). Through the design process, the
project was expanded to include a performing arts theater. The Parking Structure and Theatre
have been included most recently in the Downtown Concept Plan 2017 update.
Previous Council or Advisory Body Action
The Architectural Review Commission (ARC), Cultural Heritage Committee (CHC), Planning
Commission (PC) and City Council have been involved in various components of review of the
proposed project. Below is the recent background of the advisory bodies that have been involved
in the entitlement process to date.
• October 23, 2019 – Planning Commission reviewed the project and recommended that
the City Council approve the project as proposed and made a recommendation that the
forthcoming building that will line the parking structure include residential units, based
on the architectural concept that was presented at the October 23, 2019 Planning
Commission meeting. The Planning Commission made a second motion and
recommended the Council consider developing a process to identify parties to move the
adobe and find creative adaptation for its use.
• September 23, 2019 – CHC reviewed the proposed project plans and recommended the
PC find the Palm Nipomo parking structure compatible with the Downtown Historic
District. They recommended continuance on the review of the Heyd Adobe component of
the project and continuance of the review of the facade design of the SLO Rep Theatre.
• September 16, 2019 – ARC reviewed the revised plans that incorporated their direction
and made a recommendation that the PC find the project consistent with the Community
Design Guidelines with direction that the applicant of the SLO Rep Theatre revise the
façade of the building with better balance and proportion of the wall cladding -
specifically, reduce the variegated terracotta facade at the exterior of the black box
theatre and at the upper portion of the walls of the main theatre projecting above the roof
deck level (approximately at the 218.45 foot elevation and above) and soften the contrast
of the terracotta tiles with each other.
• August 19, 2019 – ARC reviewed the proposed architecture of the project and the ARC
continued the review and provided seven directional items to the applicants requesting
the applicants produce elevations and renderings that showed the two structures together
and to include a revised western elevation of the parking structure that had more
articulation and design.
• July 17, 2018 – City Council reviewed and adopted the Final Environmental Impact
Report (FEIR) Palm Nipomo Parking Structure Project (Attachment H). The CHC, ARC
and PC each reviewed the document and provided comments and recommendations to the
City Council.
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Item 10
Project Description
Site General Plan Amendment and Rezone
The applicants are requesting a General Plan Map Amendment to change the project site land use
designations from Office and Medium-High Density Residential to General Retail. This also
requires a rezone of the six parcels from Office with a Historic District Overlay (O-H) and
Medium-High Density Residential (R-3) to Downtown Commercial zone with a Historic Overlay
(C-D-H).
Figure 1: General Plan Map Amendment: Left map shows existing General Plan land use designation; Right map
shows the proposed change to the General Plan land use designation.
Office
Medium High
Residential
General
Retail
Figure 2: Rezone Changes: Left map shows existing zoning; Right map show the proposed change to the zoning.
Office with
Historic Overlay
Medium High
Density
Residential
Downtown
Commercial
with Historic
Overlay
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Item 10
Site Layout
The project consists of two new structures that have been planned in consideration of one
another. Figure 3 shows the proposed site layout and the location of each of the proposed
buildings. The red arrows indicate the vehicle points of entry and exit at the parking structure.
The blue arrows indicate where pedestrians leave and enter the parking structure. The green
arrow indicates the main entrance to the SLO Rep Theatre. Phase two is the development of a
“liner” building – a building that will be constructed in front of the Parking Structure (see Figure
3, diagonal cross-hatched area). The design team has provided sketches of what this building
may look like, however the design of the building will require separate review when a specific
project is proposed.
SLO Rep Theatre – Architecture & Use Permit
SLO Rep Theatre is proposing a new 23,344-square foot performing arts facility with two
performance spaces, rehearsal space, workshop and storage areas, lobby, a balcony and roof deck
and administrative offices. The architecture is a contemporary design with rectilinear form that is
broken up with curved walls and upper story setbacks. The façade employs the use of a terra
cotta rainscreen, smooth troweled plaster, a glass curtain wall, and aluminum awnings. Per Table
2-1 of the Zoning Regulations, a theatre in the C-D zone requires a Minor Use Permit (MUP).
Figure 3: Proposed site layout for the SLO Rep Theatre and the Palm
Nipomo Parking Structure.
SLO Rep
Theatre
Parking
Structure
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Item 10
Table 1: SLO Rep Project Statistics
Site Details Proposed Allowed/Required*
Front Setback 0 feet 0 feet
Maximum Height of
Structure
42 feet 5 inches 50 feet
Max Building Coverage 51% 100%
F.A.R. 1.16 3.0
Total # Parking Spaces
Bicycle Parking
0 (Pay in-lieu fees)
0**
67
13
*2018 Zoning Regulations
**Bicycle parking is a code requirement and the project will have to comply
Palm Nipomo Parking Structure – Architecture, Use Permit & Deviation from
Development Standards
The City of San Luis Obispo is proposing a new 162,909-square foot parking structure with 404
parking spaces. The architecture is mission style design and the form is based on the functional
requirements of a parking structure. The structure is articulated with arched shaped openings,
rectilinear openings, columns and architectural towers. Exterior materials include smooth
troweled plaster, pre-cast concrete column bases, terra cotta tile roofing, pre-cast masonry along
the base of the towers and stairs and decorative tile. Per Table 2-1 of the Zoning Regulations, a
parking structure within the C-D zone requires a Conditional Use Permit (CUP). The applicant is
also requesting deviations from development standards for additional height and increased Floor
Area Ratio (F.A.R.) for the parking structure (see Table 2 below).
Table 2: Parking Structure Project Statistics
Site Details Proposed Allowed/Required*
Front Setback 0 feet 0 feet
Maximum Height of
Structures
50 feet
with 17-foot 4-inch
elevator/stair tower
features and approx. 10-
foot-tall solar structures
50 feet
Max Building Coverage 80% 100%
F.A.R. 4.11 3.0
Total # Parking Spaces
Electric Vehicle Parking
Bicycle Parking
404
43 EV Ready
32
No specific requirement
40 EV Ready
Director’s Determination
*2018 Zoning Regulations
1 A Floor Area Ratio (F.A.R) greater than 3.0 is allowed pursuant to Section 17.86.200 of the Zoning Ordinance.
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Item 10
Policy Context
Staff carefully evaluated the proposed project’s General Plan Amendment, Rezone, Architecture
and Use Permits in the context of General Plan goals and policies and the City’s Zoning Code,
and received feedback from the ARC and the CHC regarding consistency of the project with the
Community Design Guidelines and Historic Preservation Guidelines. Based on the project’s
contribution to and alignment with these goals, policies, and requirements, staff is
recommending that the Planning Commission recommend that the City Council adopt a
resolution approving the project.
Consistency with the General Plan
The Land Use Element (LUE) dedicates Chapter 4 to policies regarding land use and
development of Downtown. Policy 4.1 states,
Downtown is the community’s urban center serving as the cultural, social,
entertainment, and political center of the City for its residents, as well as home
for those who live in its historic neighborhoods. The City wants its urban core to
be economically healthy and realizes that private and public investments in the
Downtown support each other. Downtown should also provide a wide variety of
professional and government services, serving the region as well as the city. The
commercial core is a preferred location for retail uses that are suitable for
pedestrian access, off-site parking, and compact building spaces. Civic, cultural
and commercial portions of Downtown should be a major tourist destination.
Downtown's visitor appeal should be based on natural, historical, and cultural
features, retail services, entertainment and numerous and varied visitor
accommodations (underlining added to highlight project consistency).
Entertainment/Cultural Facilities
The LUE further discusses Entertainment and Cultural Facilities located in the downtown. Policy
4.3 states, Cultural facilities, such as museums and galleries should be Downtown. Entertainment
facilities, such as nightclubs and theaters shall be in the Downtown. Additional policies
regarding Cultural Facilities state:
5.2.2. Mission Plaza Area – The City shall promote the area around the Mission
Plaza for cultural facilities (Figure 5).
Figure 4: LUE map (Figure 5) showing the location of the Cultural Facilities Area
including Mission Plaza and Monterey Street from Mission Plaza to Nipomo Street
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Item 10
5.2.3. Community Arts Support – The City shall continue to support community arts
programs through a variety of means, such as loans, grants, and help in obtaining sites.
5.2.5. Land Acquisition – The City will work with community organizations to
secure land for cultural facilities in the Downtown area.
As proposed, the SLO Rep Theatre will be located near Mission Plaza along Monterey Street in
the Cultural Facilities Area.
Parking
LUE Policy 4.14 states, The City shall ensure there is a diversity of parking opportunities in the
Downtown. Any major increments in parking supply should take the form of structures, located
at the edges of the commercial core, so people can walk rather than drive between points within
the core. Retail uses outside the core, and professional office developments, may have on -site
parking for customers and clients. The proposed parking structure is consistent with fulfilling
this policy.
Circulation Element, Policy 13.2.4. (Public Parking Structures) states the City shall only approve
construction of additional public parking structures after considering the findings and results of
a parking supply and demand study. Early in the Downtown parking discussion, a parking study
was completed that estimated that the City would have an increased parking demand of 250-500
spaces every five years. The Palm Nipomo Parking Structure was initially envisioned to
accommodate approximately 450 spaces for 10 years of growth2. As the project has been refined,
the total number of actual spaces is now 404.
The parking demand and potential usage of the Palm Nipomo Structure has been studied a
number of times over the last decade. Most recently, a parking analysis was done by Walker
Parking Consultants (2015) which analyzed project parking demand for current and future
development in the area, as well as closures of public parking lots for the Hotel Cerro and Hotel
SLO (Chinatown) projects. The analysis redistributed that parking into existing and proposed
structures and forecast new demand from private development projects. The consultant
concluded that the usage of the project is contingent upon development in the area (short and
long term) and if long term projects develop the structure could see up to a 92% effective supply
rate on a daily basis. The analysis concluded that:
“……the structure represents an opportunity to provide parking for future
development, efficiently, and in a way that is likely to be more environmentally
friendly and walkable for downtown than would individual sites that each
provide their own parking. Given the Phase II development being contemplated,
if the City is willing to make a significant investment (or partner with
developers) to provide funding for a long-term capital investment, the structure
represents an opportunity for careful planning in the downtown using shared,
public parking.”
2 919 Palm Street Parking Structure contains 242 parking spaces and was built to accommodate the loss of the Court
Street surface parking lot and the Chinatown surface parking lot and was not designed for future growth of the
Downtown.
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Additionally, this study was done prior to the update of the Downtown Physical Concept Plan
(2016) that has made significant new recommendations for public infrastructure changes most
notably the reduction of on street parking to allow for new amenities such as widened sidewalks
for outdoor dining and retail space, new bicycle facilities and public transit facilities (see Figure
5 below). The Palm Nipomo project will allow for future redistribution of this parking space
demand into an already available facility. As proposed, the new parking structure is consistent
with the policies for providing parking within the Downtown and promoting more efficient use
of private and public spaces.
Consistency with the Downtown Concept Plan
The Downtown concept Plan was adopted in July 2017. The Downtown Concept Plan is the
community’s vision for how downtown San Luis Obispo should be developed over the next 25
years and is to be used as a guidance for development projects and for public improvements
downtown. The proposed project is described in this Plan within “Block 10;” A new parking
structure on the corner of Palm and Nipomo Streets is envisioned to include office mixed use
along Nipomo Street, the Theatre relocated along Monterey Street, and public use on a portion
of the rooftop. Additionally, the Concept Plan describes the Central Downtown to include an
expanded, vibrant, and art-filled Cultural District, the focus of which is along Monterey Street
between Nipomo and Chorro Streets (blocks
10, 11, and 19). Visitors arriving in cars can
park in the new parking structure at Palm and
Nipomo Streets, then walk to the theater,
Children’s Museum, expanded History Center,
Museum of Art, Mission San Luis Obispo de
Tolosa, and Mission Plaza in a short two-block
stretch (Blocks 11 and 19). Figure 5 shows one
of the concepts from the Downtown Concept
Plan that considers relocating parking spaces to
other uses in the long-term development of
Downtown.
Figure 5: Conceptual Street Type B cross section on for Marsh or Higuera Street
with two vehicle travel lanes, angled parking on one side of the street, a protected
cycle track, and sidewalks that widen to 24’ in between parking areas, allowing
for additional pedestrian experiences.
Figure 6: Snapshot of Block 10 of the Downtown
Concept Plan
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Item 10
Consistency with the Zoning Regulations
SLO Rep Theatre: The SLO Rep Theatre proposal complies with the lot coverage, floor area
ratios, and building height requirements for the Downtown Commercial zone with a Historic
District overlay (see Section 6.2.1 Project Statistics above). The performing arts facility use
requires a Minor Use Permit. The SLO Rep Theatre mission is to strengthen theatre’s cultural
influence and enriches the Central Coast by producing professional theatre, nurturing artists
and providing theatre education for children and adults. This is consistent with the definition in
the Zoning Regulations that states Theaters are Facilities for indoor display of films, motion
pictures, or dramatic, musical, or live performances. This classification may include incidental
food and beverage services to patrons.
The SLO Rep Theatre has administrative office hours, and public hours (performances).
Administrative office hours are Tuesday-Saturday, 8:00 AM-6:00 PM and Public Hours are
Wednesday - Friday: 5:30 PM - 10:00 PM and Saturday-Sunday: 12:00 PM - 10:00 PM. Services
and activities that occur on the site include: administrative office work; theatre rehearsals; theatre
performances; youth classes/camps; adult classes/camps; and internal and outside meetings and
events. The new space will have 7 full-time and 17 part-time employees. With the two theater
spaces in the new venue, there is the potential for two performances happening simultaneously
thus there is a proposed minimum of 50 attendees and a maximum of 300 attendees. The
Planning Commission recommends that the City Council find the project consistent with the
Zoning Regulations and approve the proposed use permit for a theatre in the Downtown
Commercial zone.
Parking Structure: Per Table 2.1, Parking Facilities require a Conditional Use Permit for a
parking structure within the C-D zone. The Zoning Regulations further state in Section 17.86.200
(Parking as a Primary Use), Where parking as a primary use is permitted in compliance with
Table 2-1: Uses Allowed by Zone … discretionary permit approval may include deviations from
otherwise applicable development standards. The Palm Nipomo Parking Structure is requesting
deviations from the height and F.A.R. requirements of the Downtown Commercial zone. The
Parking Structure has a 4.1 F.A.R. and the Zoning Regulations states the maximum F.A.R. of 3.0
for the C-D zone. Additionally, the project includes elevator and stair towers that extend 7 feet, 4
inches above 10-foot allowed projections above the 50-foot building height. These deviations are
necessary to meet the project goal of maximizing the parking on the site and meeting as clo se as
possible the goal of 400 parking spaces.
The parking structure will be accessible 24 hours a day, seven days a week. Currently the first 60
minutes are free and $1.25/hour or fraction thereof. Parking rates for the structure will apply as
follows:
8:00 AM to 7:00 PM Monday through Wednesday
8:00 AM to 11:00 PM Thursday through Saturday
1:00 PM to 7:00 PM Sunday
The parking structure will also operate DROP (Downtown Residential Overnight Parking
Program) for those residents who live Downtown and include short-term and long-term bicycle
parking. The Planning Commission recommends that the City Council find the project consistent
with the Zoning Regulations and approve the proposed use permit and the deviation to the height
and F.A.R.
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Item 10
Consistency with the Community Design Guidelines
The ARC recommended that the Planning Commission find the Parking Structure and the SLO
Rep Theatre architectural designs consistent with the Community Design Guidelines (CDG) with
specific direction to the SLO Rep Theatre applicant. The façade of the SLO Rep Theatre was
revised based on the ARC’s direction and determined by the Planning Commission to be
consistent with the CDG for Downtown development (Chapter 4.2). The Planning Commission
finds the Parking Structure and the SLO Rep Theatre architectural designs consistent with the
CDG and recommends that City Council approve the architectural designs of both structures.
Figure 8: View of the Parking Structure from the corner of Palm and Nipomo Streets
Figure 8: View of SLO Rep Theatre from Monterey Street
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Item 10
Consistency with Historic Preservation Program Guidelines
The CHC provided three recommendations regarding the proposed project. These
recommendations are listed below.
1. Parking Structure - Recommended that the Planning Commission find the Parking
Structure architectural designs compatible with the Downtown Historic District.
2. Heyd Adobe - Recommend continuance of the Heyd Adobe component of the project to a
date uncertain, having found that the destruction of the Hyde Adobe, an element of the
project that makes it incompatible with the historic preservation guidelines and goals of
the City, and continue the item directing city staff and the applicant to present feasible
options for leaving the adobe in the current location, moving it to another location on the
same site or to another site altogether.
3. SLO Rep Theatre - Recommended continuance of the SLO Rep Theater component of
the project to a date uncertain, with direction that the applicant present more cohesive
coloring and materials treatment of the exterior fabric, a less busy and variegated design
such that it’s compatible with the immediately surrounding historic buildings of the
downtown historic district.
The CHC recommended a continuance of the Heyd Adobe component of the project and
recommended that the project evaluate within its design the preservation of the Heyd Adobe in
situ (current location), relocation on site, or moving the structure to another site. When certifying
the Final EIR, the City Council, was provided information concerning impacts to the historic
structures on site and all alternatives, which included a discussion of retaining the Heyd Adobe
and other Contributing Historic Resources. The City Council’s decision to certify the Final EIR,
including Findings of Overriding Considerations, supported the determination that preserving the
historic properties on site did not satisfy project objectives of establishing a performing arts
venue (SLO Rep Theatre) and the development of a new parking structure.
The CHC’s purview or scope of review for the project, was to provide a recommendation on the
proposed project’s consistency with development in the vicinity within the Downtown Historic
District. Therefore, it was not within the CHC’s purview to recommend a continuance of the
project with direction to explore retaining the Heyd Adobe onsite by redesigning the project or to
evaluate relocation alternatives.
The CHC also provided feedback regarding the design of the SLO Rep Theatre. Staff requested
the CHC provide specific direction on what needed to be changed to be compatible with the
Downtown Historic District, but no specifics were given. The direction discusses revising the
exterior materials and color variation; very similar to the direction provided by the ARC. As
mentioned above, the applicant made changes to the exterior design to provide a more cohesive
façade treatment that is less busy and variegated. Staff’s assessment is that the applicant’s
submitted changes in response to ARC action also addresses CHC direction. The CDG and the
Historic Preservation Program Guidelines (HPPG) overlap in their review criteria for the Historic
District and characteristics that make the district unique (Section 5.2.2). HPPG Section 3.2.1
discusses that new structures within a Historic District shall be designed to be architecturally
compatible with the district’s prevailing historic character. Based on the changes made by the
applicant, the Planning Commission concurred and recommends that the City Council approve
the revised design and find it compatible with the Downtown Historic District and consistent
with HPPG Sections 3.2.1 and 5.2.2.
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Item 10
The preservation of the Heyd Adobe in situ or on site makes the proposed parking structure and
SLO Rep Theatre as currently designed totally infeasible. Changing the design to accommodate
the Heyd Adobe in situ or onsite would likely delay the project for a year and the City and SLO
Rep would incur substantial redesign costs.
The City is required to notice the proposed demolition of all residential structures that would be
displaced as a result of the respective projects and the public has claimed structures and wholly
bore the costs of relocation and preservation.
The Planning Commission approved a second motion and recommends the Council consider
developing a process to identify parties to move the adobe and find creative adaptation for its
use. If the City Council were to decide to relocate the structure with City funds, the estimated
costs for relocation and restoration are likely to exceed a $1 million dollars.
Public Engagement
Consistent with the City’s Public Engagement and Noticing (PEN) Manual and the City’s
Municipal Code, the project was noticed per the City’s notification requirements for
Development Projects. Newspaper legal advertisements were posted in New Times ten days
prior to each advisory body meeting (ARC, CHC, PC, and City Counci l). Additionally, postcards
were sent to both tenants and owners of properties located within 300 feet of the project site ten
days before each advisory body hearing. Public comment was provided to the advisory bodies
through written correspondence and through public testimony at each of the hearings.
CONCURRENCE
All City Departments have reviewed the project and have provided comments that are
incorporated into the recommended resolution as conditions of approval.
ENVIRONMENTAL REVIEW
On July 17, 2018, the City Council certified the Final Environmental Impact Report (FEIR State
Clearinghouse Number 2017051011), adopted a Mitigation Monitoring and Reporting Program,
adopted the following CEQA Findings and Mitigation Measures related to the Palm Nipomo
Parking Structure Project, and made a Statement of Overriding Considerations. The adopted
FEIR identified that the project will result in significant and unavoidable impacts to: 1)
Aesthetics – The scale and massing of the parking structure interrupting the transition from the
Dana Street grouping of historic resources from the remainder of the Downtown Historic District
to the east; 2) Cultural and Tribal Cultural Resources – Removal of two historic resources from
the project site; and 3) Noise – Short-term construction noise. The FEIR also found that there
would be significant impacts that can be mitigated to less than significant in the categories of
aesthetics, cultural and tribal cultural resources, transportation, air quality, biological resources,
geology and soils, and hazardous materials. Some impacts related to aesthetics, cultural
resources, noise, and transportation were found to be less than significant.
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The project is proposed to remain the same as the project assessed in the adopted FEIR; however
the project now proposes to change the land use designation from Public to Downtown
Commercial and the zoning from Public Facility with a Historic Overlay (PF-H) to Downtown
Commercial with a Historic Overlay (C-D-H) to allow for the uses as they are described and
analyzed in the FEIR. No physical changes to the project or proposed uses are proposed to occur
which were evaluated previously in the certified FEIR. The change in the land use designation
necessitated preparation of an Addendum (Attachment I) to the certified FEIR to address the
project changes, per State CEQA Guidelines Section 15162. The Addendum includes an updated
project description and incorporates the additional analysis for inclusion in the environmental
record. The updated analysis does not materially change the findings and conclusions of the
FEIR, making a Subsequent EIR unnecessary pursuant to Section 15162 of the State CEQA
Guidelines.
FISCAL IMPACT
Budgeted: Yes Budget Year: 2019-21
Funding Identified: Fee supported activity based on 100% cost recovery.
Fiscal Analysis:
Funding Sources Current FY Cost
Annualized
On-going Cost
Total Project
Cost
General Fund N/A
State
Federal
Fees
Other:
Total
The fiscal impact associated with the construction and operation of a new parking structure on
the project site has been evaluated as part of the Parking Fund analysis associated with the 2019-
21 Financial Plan (the new theatre will be funded separately by SLO Rep). The total design
budget for the parking structure is $1,581,989.15 which is supported by the parking fund. The
design consultant, Watry, has a contract for $1,473,950. Watry has billed us $75,361.25 so far.
Additionally, $14,300 of the design budget was used for a seminar with Kimley-Horn regarding
EV charging strategies and future parking trends. Additional fiscal analysis will occur as part of
awarding a contract to construct the facility. Currently the parking fund has approximately $8.6
million for construction and $28.6 million shown in FY 2020-21, however the bulk of the
construction funds will come from debt financing. Staff anticipates having a quote from the
design team on the total cost of the parking structure within the next week.
Overall, there are no fiscal impacts associated with entitling the project. In addition, the proposed
uses have been long contemplated and were evaluated as part of the overall fiscal and economic
analysis of the City’s 2014 General Plan update. When the General Plan was prepared, it was
accompanied by a fiscal analysis, which found that overall the General Plan was fiscally
balanced. Accordingly, since the proposed project is consistent with the General Plan, it has a
neutral fiscal impact.
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Item 10
ALTERNATIVES
1. Deny the project. An action denying the application should include findings that cite the
basis for denial and should reference inconsistency with the General Plan, Community
Design Guidelines, Historic Preservation Program Guidelines, Zoning Regulations or other
policy documents.
2. Continue the item. An action to continue the item should include a detailed list of additional
information or analysis required to make a recommendation on the project.
Attachments:
a - Draft Resolution
b - Draft Ordinance
c - COUNCIL READING FILE - SLO Rep Plans
d - COUNCIL READING FILE - Parking Structure Plans
e - Electrical Design Technical Memo
f - COUNCIL READING FILE - PC Draft Minutes 10-23-2019
g - COUNCIL READING FILE - PC Final Resolution 10-23-2019
h - Palm Nipomo Parking Structure Project Timeline
i - COUNCIL READING FILE - Reso -10923 Final EIR
j - Palm Nipomo FEIR Addendum
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Item 10
R ______
RESOLUTION NO. _____ (2019 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, APPROVING THE ARCHITECTURAL DESIGN
OF A NEW PERFORMING ARTS FACILITY (SLO REP THEATRE) AND
A NEW PARKING STRUCTURE, A DEVIATION IN THE HEIGHT AND
FLOOR AREA RATIO FOR THE PARKING STRUCTURE, USE
PERMITS TO ALLOW THE SLO REP THEATRE AND A PARKING
STRUCTURE WITHIN THE DOWNTOWN COMMERCIAL ZONE, AND
ADOPT A GENERAL PLAN AMENDMENT CHANGING THE PROJECT
SITE FROM OFFICE AND MEDIUM-HIGH DENSITY RESIDENTIAL TO
GENERAL RETAIL WITH AN ADDENDUM TO THE CERTIFIED
ENVIRONMENTAL IMPACT REPORT AS REPRESENTED IN THE
CITY COUNCIL AGENDA REPORT AND ATTACHMENTS DATED
NOVEMBER 5, 2019 (609 & 633 PALM, 610, 614 & 630 MONTEREY, 970 &
972 NIPOMO STREETS; ARCH-0415-2019, USE-0416-2019, ARCH-0448-
2019, USE-0388-2017 & GENP-0389-2017)
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public
hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on
October 23, 2019, for the purpose of considering the architectural design of a new performing arts
facility and a new parking structure, a deviation in the height and Floor Area Ratio (F.A.R.) for
the parking structure, use permits to allow the SLO Rep Theatre and a parking structure within the
Downtown Commercial Zone and adopt a General Plan Amendment changing the project site from
Office and medium-high density residential to General Retail for the property located at 609 &
633 Palm, 610, 614 & 630 Monterey, 970 & 972 Nipomo Streets to facilitate the proposed project;
and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing
in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on November
5, 2019, for the purpose of approving the architectural design of a new performing arts facility and
a new parking structure, a deviation in the height and Floor Area Ratio (F.A.R.) for the parking
structure, use permits to allow the SLO Rep Theatre and a parking structure within the Downtown
Commercial Zone and adopt a General Plan Amendment changing the project site from Office and
medium-high density residential to General Retail; and
WHEREAS, the City Council finds that the proposed project is consistent with the General
Plan as amended, the purposes of the Zoning Regulations, and other applicable City ordinances;
and
WHEREAS, the Planning Commission has recommended that the “Liner Building”
component of the project be used for housing; and
WHEREAS, notice of said public hearing were made at the time and in the manner
required by law; and
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R ______
WHEREAS, The City Council has duly considered all evidence, including the testimony
of the applicant, interested parties, and the evaluation and recommendations by staff, presented at
said hearing.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Findings. The City Council does hereby approve the proposed project based
on the following findings:
1. The project will not be detrimental to the health, safety, or welfare of those working or
residing in the vicinity since the proposed project is consistent with the site’s Downtown
Commercial zoning designation and will be subject to conformance with all applicable
building, fire, and safety codes.
General Plan Amendment Findings:
2. The proposed General Plan Amendment is consistent with policy direction for the area
included in the General Plan, and in particular with the following General Plan policies:
LUE Policy 4.1, because the project provides off-site parking, civic, cultural, entertainment
and mixed-use opportunities for Downtown; LUE Policies 4.3, 5.2.2, 5.2.3, and 5.2.5,
which promote the development of Entertainment and Cultural Facilities in the downtown;
and LUE Policy 4.14 and Circulation Element policy 13.2.4 which support the construction
of parking structures.
3. The General Plan Amendment allows for the implementation of the proposed project by
updating the City’s General Plan land use map to reflect the development anticipated by
the proposed Palm Nipomo Parking Structure Project.
4. The site is physically suited for the proposed project because the project is consistent with
the 2017 Downtown Concept Plan.
Palm Nipomo Parking Structure Architectural Design Findings:
5. The proposed new building is consistent with Historic Preservation Program Guidelines
Section 3.2.1 because the building is designed to be architecturally compatible with
Downtown Historic District structures.
6. The project design maintains consistency with the Community Design Guidelines Chapter
4 (Downtown Design Guidelines), Sections 4.2 (A-D) by providing: human scale and
proportion, architectural design that complements the character of the surrounding
neighborhood, transparency and provides architectural interest on all four sides of the
building.
7. The project design is consistent with the Community Design Guidelines Section 6.3(A-B,
D-E) because the project includes convenient pedestrian linkages to the sidewalk along
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Resolution No. _____ (2019 Series) Page 3
R ______
each street, pedestrian access and alternative paving materials while minimizing “vast seas
of parking” by proposing a structure as opposed to surface parking lots.
SLO Rep Theatre Architectural Design Findings:
8. The proposed new building is consistent with Historic Preservation Program Guidelines
Sections 3.2.1 and 5.2.2 because the building is designed to be architecturally compatible
with Downtown Historic District structures.
9. The project design maintains consistency with the Community Design Guidelines Chapter
4 (Downtown Design Guidelines), Sections 4.2 (A-D) by providing: human scale and
proportion, various upper story setbacks, includes similar vertical elements that are found
in the surrounding architecture of the existing buildings, an architectural design that
complements the character of the surrounding neighborhood, transparency is included in
the front façade with the inclusion of glass curtain walls and provides architectural interest
on all four sides of the building.
Palm Nipomo Parking Structure Use Permit Findings:
10. The proposed use is allowed with a use permit within the Downtown Commercial (C-D)
zone and complies with all other applicable provisions of the Zoning Regulations.
11. The proposed parking structure use is located where a parking structure is called out on the
2017 Downtown Concept Plan.
12. The parking structure use is consistent with LUE policy 4.14 and Circulation Element
policy13.2.4 that state that any major increases in parking should take the form of a
structure located at the edge of the commercial core and that additional parking should be
supported by a parking study.
13. The site is physically suitable in terms of its design, location, shape, size, and operating
characteristics of the proposed use; traffic generation and the provision of public and
emergency vehicle access; public protection services; and the provision of utilities.
14. The establishment and subsequent operation or conduct of the use will not, because of the
circumstances and conditions applied in the particular case, be detrimental to the health,
safety or welfare of the general public or persons residing or working in the neighborhood
of the use, or be detrimental or injurious to property or improvements in the vicinity of the
use.
SLO Rep Theatre Use Permit Findings:
15. The proposed use is allowed with a use permit within the Downtown Commercial (C-D)
zone and complies with all other applicable provisions of the Zoning Regulations.
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16. The proposed SLO Rep Theatre use is located where a theater is called out on the 2017
Downtown Concept Plan.
17. The proposed SLO Rep Theatre use is consistent with LUE policies 5.2.2, 5.2.3, and 5.2.5
because the theater will be located near Mission Plaza along Monterey Street in the Cultural
Facilities Area.
18. The site is physically suitable in terms of its design, location, shape, size, and operating
characteristics of the proposed use; traffic generation and the provision of public and
emergency vehicle access; public protection services; and the provision of utilities.
19. The establishment and subsequent operation or conduct of the use will not, because of the
circumstances and conditions applied in the particular case, be detrimental to the health,
safety or welfare of the general public or persons residing or working in the neighborhood
of the use, or be detrimental or injurious to property or improvements in the vicinity of the
use.
Palm Nipomo Parking Structure deviation from height and F.A.R Findings:
20. The proposed increase in height and F.A.R. for the project is consistent with 2018 Zoning
Regulations Section 17.86.200 (Parking as a Primary Use) that states, Where parking as a
primary use is permitted in compliance with Table 2-1: Uses Allowed by Zone …
discretionary permit approval may include deviations from otherwise applicable
development standards because the parking structure is designed to meet certain building
and engineering standards.
SECTION 2. Environmental Review. On July 17, 2018, the City Council certified the
Final Environmental Impact Report (FEIR State Clearinghouse Number 2017051011), adopted a
Mitigation Monitoring and Reporting Program, and adopted CEQA Findings and Mitigation
Measures, including a Statement of Overriding Considerations, for the Palm Nipomo Parking
Structure Project per Resolution No. 10923 (2018 Series).
The City Council adopts the following findings to approve the Addendum to the certified
FEIR: 1) the minor technical changes addressed in the Addendum do not materially change the
findings and conclusions of the certified FEIR; 2) no substantial changes are proposed or would
occur that would require major revisions to the certified FEIR; 3) no new significant environmental
effects are identified and there would not be a substantial increase in the severity of previously
identified significant effects; 4) the project would not result in any significant effects that would
be substantially more severe than what was identified in the certified FEIR. Furthermore, the
applicant will comply with all mitigation measures and environmentally mitigating project features
included in the certified FEIR.
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SECTION 3 . Action. The City Council does hereby approve the proposed project
(ARCH-0415-2019, USE-0416-2019, ARCH-0448-2019, USE-0388-2017, & GENP-0389-2017)
subject to the following conditions. Conditions of Approval shall be applied to specific project
components and shall not restrict or limit the ability for certain aspects of the project to move
forward.
General Plan Amendment and Rezone
1. The General Plan shall be amended as shown in Exhibit A.
2. The Amendment shall apply only to the properties currently proposed to be occupied by
the Project, i.e. to the Project site.
Palm Nipomo Parking Structure Architectural Design
Planning Division - Community Development Department
3. Final project design and construction drawings submitted for a building permit shall be in
substantial compliance with the project description and plans approved by the City Council.
A separate, full-size sheet shall be included in working drawings submitted for a building
permit that lists all conditions of project approvals listed and mitigation measures in the
MMRP as sheet number 2. Furthermore, as identified in the EIR, environmentally
mitigating project features shall be included in the final project design.
4. Reference shall be made in the margin of listed items as to where in plans requirements are
addressed. Any change to approved design, colors, materials, landscaping, or other
conditions of approval must be approved by the Director or Architectural Review
Commission, as deemed appropriate.
5. Plans submitted for a building permit shall call out the colors and materials of all proposed
building surfaces and other improvements.
6. The building plan submittal shall include privacy screening that will restrict the ability for
users of the parking structure to overlook into the adjacent property while using the
southeastern stairway to the satisfaction of the Community Development Director.
7. The locations of all exterior lighting, including bollard style landscaping or path/parking
lighting, shall be included in plans submitted for a building permit. All wall-mounted
lighting fixtures shall be clearly called out on building elevations included as part of
working drawings. All wall-mounted lighting shall complement building architecture,
subject to the approval of the Community Development Director. The lighting schedule for
the building shall include a graphic representation of the proposed lighting fixtures and cut
sheets on the submitted building plans. The selected fixture(s) shall be shielded to ensure
that light is directed downward consistent with the requirements of the City’s Night Sky
Preservation standards contained in Chapter 17.23 of the 2015 Zoning Regulations.
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8. Plans submitted for a building permit shall clearly state the type/model of bicycle racks
proposed, location and dimensions of all 32 short and long-term bicycle parking spaces.
All long-term bicycle parking spaces shall be located within the parking structure.
Sufficient detail shall be provided about the placement and design of bike racks to
demonstrate compliance with relevant Engineering Standards and Community Design
Guidelines and this condition of approval, to the satisfaction of the Public Works and
Community Development Directors.
9. Plans submitted for a building permit shall include window details indicating the type of
materials for the window grids, their dimensions, and colors. Plans shall demonstrate the
use of high-quality materials for the window grids that reflect the architectural style of the
project to the approval of the Community Development Director.
10. Mechanical and electrical equipment shall be located internally to the structure or site. With
submittal of working drawings, the applicant shall clearly show the location and sizes of
any proposed condensers and other mechanical equipment. If any mechanical equipment
is to be placed on the roof, plans submitted for a building permit shall confirm that parapets
or other roof features will adequately screen them. A line-of-sight diagram may be required
to confirm that proposed screening will be adequate. This condition applies to initial
construction and later improvements.
11. The location of any required backflow preventer and double-check assembly shall be
shown on all site plans submitted for a building permit and shown and called out on the
landscaping plans. Construction plans shall also include a scaled diagram of the equipment
proposed. Where possible, as determined by the Utilities Director, equipment shall be
located inside the building within 20 feet of the front property line. Where this is not
possible, as determined by the Utilities Director, the back-flow preventer and double-check
assembly shall be located in the street yard and screened using a combination of paint color,
landscaping and, if deemed appropriate by the Community Development Director, a low
wall. The size and configuration of such equipment shall be subject to review and approval
by the Utilities and Community Development Directors.
12. A final landscaping plan, including irrigation details and plans, shall be submitted to the
Community Development Department along with working drawings. The legend for the
landscaping plan shall include the sizes and species of all groundcovers, shrubs, and trees
with corresponding symbols for each plant material showing their specific locations on
plans. Street trees species shall comply with City standards and may include palm trees.
Engineering Division – Public Works/Community Development Department
13. The Parking Structure shall conform to the overall proposed campus designs and approvals
for the Palm Nipomo Parking Structure Project and any subsequent agreements between
the SLO Rep Theatre and the City. The project shall also conform to previously approved
bulb-out and crossing designs for the Monterey Place project located at 667 Monterey.
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14. The project address should be established prior to building permit application if possible.
Otherwise, the address will be established during permit review and prior to permit
issuance.
15. A separate demolition plan and permits are required for the structures located on the project
site. The plan shall include an inventory of all improvements located on the City parcel
and within the public right-of-way. Any historic materials shall be noted and shall include
a matrix of the proposed disposition. Unless otherwise proposed or required to be re-used
within the project, the historic granite curbing, walls, and stairs located on the project site
shall be preserved and delivered to an approved location to the satisfaction of the City.
16. The demolition plans shall show the location of all existing utilities. Existing utilities shall
be approved for re-use or shall be abandoned per City Engineering Standards. The
applicant should confirm whether any utilities remain from the previous demolition of the
structure(s) located on the project site. City improvement plan records and/or sewer
mainline televising records are available upon request.
17. A lot line adjustment or merger shall be processed by a separate Planning application
through the Planning Division to remove the underlying property lines. Unless otherwise
specifically approved for deferral by the City, all underlying parcels shall be merged prior
to building permit issuance.
18. Projects involving the construction of new structures generally requires that complete
frontage improvements be installed or that existing improvements be upgraded per city
standard. MC 12.16.050
19. New curb, gutter, sidewalk, curb ramps, bulb-outs, street parking, signage, striping, parking
meters, street tree plantings, street lighting, demolitions, etc. shall be completed as a
condition of the project. Except where standard streetlights are required, the frontage
improvements shall include new pedestrian level streetlights per the approved master plan
and City Engineering Standards.
20. The project is located within the Mission Style Sidewalk District of downtown. Unless
otherwise directed and approved by the Public Work or Community Development
Directors, all new or replaced improvements shall be constructed in the Mission Style per
City Engineering Standards.
21. All proposed street furniture shall conform to City Engineering Standards and Community
Design Guidelines. Final furniture placement and aesthetics shall consider need, phasing,
pedestrian circulation, line-of-sight, and future maintenance. The proposed furniture and
layout shall be approved to the satisfaction of the Public Works and Community
Development Directors.
22. City Engineering standards include a preference for parkways over integral sidewalks
where adequate sidewalk width is available and street parking has been removed. The final
design for the Nipomo Street frontage shall consider whether parkways or tree plantings in
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tree wells is preferred. Direction on this item shall be approved to the satisfaction of Public
Works and Community Development Directors.
23. The street tree and landscape planting plan shall consider line of sight for vehicles and
pedestrians. Unless approved by the City, new tree plantings along Nipomo should be
located near the face of curb per City Engineering Standards.
24. The improvement plans and building plan submittal shall include all sidewalk dimensions
and clearances. Pedestrian clear space shall be shown along Nipomo for the existing street
trees to remain within the widened sidewalk. Clearances shall be shown to both the face
of curb, interim patio improvements, and to the face of the future office addition. The
commercial/residential addition plans may need to show a building or building entry in
consideration of the existing trees to provide for minimum pedestrian passage widths.
25. As recommended by the Planning Commission, the liner building should be used for
housing and staff is directed to evaluate the feasibility of moving forward with a
public/private partnership to entitle and develop housing on this portion of the site, to be
built after construction of the parking structure is completed.
26. The final street width and sidewalk widening along Nipomo may need to be adjusted to
accommodate a bulb-out for the driveway approach into the garage and for the pedestrian
crossing at Dana.
27. The decorative crosswalks shall conform to the City Engineering Standards in effect or in
an approved draft form at the time of construction. Flashers for the uncontrolled crossings
shall be approved by the Public Works Department. Unless, solar powered equipment is
specifically approved at one or more locations, secondary power shall be provided to
activate the flashers.
28. Any proposed phasing of the public improvements shall be approved by the City. If
phased, interim improvements may be required to provide a reasonable transition between
adjoining projects.
29. The required public improvements may be shown with the building permit submittal or
could be processed as a separate public improvement plan. The on-site plans and off-site
plans shall agree. Unless otherwise approved by the City, the building permit plans shall
not be approved or permits issued until the adjoining public improvements are approved.
Record plans shall be provided for the work within the public right-of-way at the
completion of the project.
30. The building plan submittal shall include a complete site, grading, drainage, and utility
plan. If proposed grading, drainage, and utilities are to be permitted under a separate
submittal, this information shall be shown “for reference only” on the building plan
submittal. The plan shall show all existing and proposed underground and overhead utilities
for reference. All utility company meters, vaults, equipment, and transformers shall be
shown for reference.
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31. All new wire utilities shall be underground. Unless otherwise approved by the City, the
underground service(s) shall be achieved without use of utility poles within the public
right-of-way.
32. The required PGE service work and their preliminary design memo shall be reviewed and
approved by the City and the engineer of record prior to commencing with final designs.
The final PGE handout package shall be approved prior to building permit issuance or shall
be listed as a deferred submittal item. The plan shall clarify how secondary service will be
maintained or re-served to the remaining properties to the east.
33. The demolition plan, topo plan, and/or site electrical plan shall show all existing joint poles,
parking lot lighting, light numbers and wattage, PGE services, and tele-com services. The
plans shall include JP/SL #1561, SL pole #1741/120388413, and JP #643/110368243.
34. JP #643 appears to carry secondary power and tele-com to serve the Palm and Monterey
properties to the east from their respective rear yards. The lines appear to terminate at
JP/SL #1499/120388414 located within City Parking Lot #9. The plans shall clarify how
service will be maintained to the existing services. If service can be reserved from JP
#1499 in Parking Lot #9, existing off-site JP #643 would become a terminal pole and might
be abandoned in favor of a new pole and guy located off the common property line.
35. Handrails for any on-site stairs or ramps shall not encroach into the public right-of-way or
public sidewalk area and shall comply with current Americans with Disabilities Act (ADA)
code.
36. The building plan submittal and project drainage report shall show and note compliance
with the Drainage Design Manual, Floodplain Management Regulation, and the Post
Construction Stormwater Regulations. The stormwater BMP’s shall be located outside the
public right-of-way unless otherwise specifically approved by the City. The PCR
compliance approach and strategy shall consider how the treatment of runoff from the
altered or replaced public improvements will be managed. Some stormwater BMP’s
designed to treat runoff from public streets and sidewalks may be located within the Public
right-of-way.
37. The building plan submittal shall clarify whether the lower floor of the parking structure
and future commercial/residential structure are located above the base flood elevation
(BFE). If not, the structure and openings shall be floodproofed and constructed of flood
resistant materials. All building service equipment and elevators shall be located outside
the mapped flood zone, 1’ above the BFE, or floodproofed to 1’ above the BFE.
38. The building plan submittal shall include a complete grading and drainage plan. The plan
shall evaluate whether there is existing run-on from the neighboring upslope properties.
The plans shall clarify the extent of any run-on and shall clarify how the drainage will be
collected and conveyed to an approved outlet. A portion of the roof from an adjoining
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structure with a zero setback appears to discharge onto this site. An analysis of the entire
limits of the watershed tributary to the easterly property line will be required.
39. The building plan submittal shall include a complete tree summary showing all existing
trees, tree diameters, species, and proposed disposition. The plan shall include trees on
neighboring properties with tree canopies/root zones that may encroach into the area of
construction disturbance. A tree preservation plan shall be provided as part of the building
plans to clarify how all trees proposed to remain will be protected during demolition and
construction.
40. Street trees are required as a condition of the building permit. The landscape and irrigation
plans shall show irrigation improvements and sleeves under the sidewalk to provide
irrigation to any parkway plantings and/or tree wells. Street tree species and plantings shall
be in accordance with the City Engineering Standards and may include palm trees.
Transportation Division - Public Works Department
41. The proposed uncontrolled crosswalks on Nipomo Street and Monterey Street shall be
designed to include features such as flashers, decorative pavement treatment, warning
signage, pavement markings, and bulbouts similar to other crosswalks in the downtown
area. The specific design treatments at all proposed crosswalks shall be approved by the
City Public Works Department in conjunction with review off the public improvement
plans.
42. Design of proposed bulbouts, driveways and other intersection geometric modifications
shall include vehicle turning path analysis using appropriate design vehicles as identified
in the City’s Engineering Standards to the satisfaction of the Public Works Director.
Designs shall consider placement of street trees, landscaping and other vertical features
near intersections, driveways and pedestrian crossings in order to maintain adequate sight
distance per City Engineering Standards.
43. Sidewalk landscaping, street furniture and/or other elements shall be designed to
discourage pedestrian crossings of Nipomo Street at the northeast corner of the Nipomo
Street/Monterey Street intersection, the southwest corner of the Nipomo Street/Dana Street
intersection, and the southeast corner of the Nipomo Street/Palm Street intersection.
44. Frontage improvements shall include installation of standard streetlights and downtown
pedestrian lighting per City Standards to the satisfaction of the Public Works Director.
45. Consistent with Mitigation Measure T-1 per the project’s Final EIR, prior to issuance of
each building permit, the construction contractor(s) shall develop a construction
management plan for review and approval of the Community Development and Public
Works Departments to identify traffic management strategies to address traffic congestion,
construction staging/traffic control, parking demand and other transportation concerns
related to project construction activities.
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46. Where frontage improvements are proposed, sidewalks shall have a minimum of eight (8)
feet clear width, unless otherwise approved by the Public Works Director.
47. Consistent with Mitigation Measure T-3 per the project’s Final EIR, the public
improvement plans shall incorporate improvements to the Dana Street/Nipomo and
Monterey Street/Nipomo Street intersections to enhance pedestrian safety and
accessibility. At a minimum, the public improvements shall include the following elements
to the satisfaction of the Public Works Director:
a. High-visibility crosswalk markings or other intersection enhancements, with
directional curb ramps across Nipomo Street from the northwest corner of Dana
Street/Nipomo Street to the southwest corner of the parking structure.
b. High-visibility crosswalk markings or other intersection enhancements, with
directional curb ramps across Nipomo Street from the southeast corner of Monterey
Street/Nipomo Street across Nipomo Street.
c. Standard crosswalks or other intersection enhancements, with directional curb
ramps across Monterey Street and Dana Street where they intersect with Nipomo
Street.
d. Reduce corner curb radii on the southwest corner of Dana Street/Nipomo Street and
the northeast corner of Monterey Street/Nipomo Street.
48. Final designs for the Palm Street access driveway to the parking structure shall be refined
to provide acceptable visibility sight triangles for both vehicular traffic on Palm Street and
pedestrians crossing the driveway.
Utilities Department
49. The proposed utility infrastructure shall comply with the latest engineering design
standards effective at the time the building permit is obtained and shall have reasonable
alignments needed for maintenance of public infrastructure.
50. The project shall construct a new sewer lateral and water services for the proposed use.
51. Revisions to the existing sewer and water infrastructure, that may result from the proposed
land use modifications, shall be completed to the satisfaction of the Utilities Director to
minimize impacts to operations and maintenance of the services.
52. Underground dewatering systems for basements shall discharge to an on-site retention
system or shall obtain an environmental compliance permit prior to issuance of an
occupancy permit.
53. Final grades and alignments of all public and/or private water, and sewer services shall be
approved to the satisfaction of the Utilities Department. The final location, configuration,
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and sizing of on-site service laterals and meters shall be approved by the Utilities Director
in conjunction with the review of the building plans, fire sprinkler plans, and/or public
improvement plans.
54.Projects generating more than two cubic yards of total waste shall comply with AB 1826,
and local waste management ordinance to reduce greenhouse gas emissions. Trash
enclosure(s) shall conform the requirements by the San Luis Garbage Company, and refuse
bins shall be sized to provide a reasonable level of service. Separate refuse bins shall be
accommodated within the site for waste, recycling, and organics.
55.Tree wells shall maintain a 10-foot clearance to the existing sewer and water mains. New
curbs along the frontage improvements shall maintain a 2-foot clearance between the lip
of gutter and the existing sewer or water mains.
SLO Rep Theatre Architectural Design
Planning Division - Community Development Department
56.The applicant shall defend, indemnify, and hold harmless the City and/or its agents,
officers, and employees from any claim, action, or proceeding against the City and/or its
agents, officers, or employees to attack, set aside, void, or annul the approval by the City
of this project, and all actions relating thereto, including but not limited to environmental
review (“Indemnified Claims”). The City shall promptly notify the applicant of any
Indemnified Claim upon being presented with the Indemnified Claim, and City shall fully
cooperate in the defense against an Indemnified Claim.
57.Final project design and construction drawings submitted for a building permit shall be in
substantial compliance with the project description and plans approved by the City Council.
A separate, full-size sheet shall be included in working drawings submitted for a building
permit that lists all conditions of project approvals listed and mitigation measures in the
MMRP as sheet number 2. Furthermore, as identified in the EIR, environmentally
mitigating project features shall be included in the final project design.
58.Reference shall be made in the margin of listed items as to where in plans requirements are
addressed. Any change to approved design, colors, materials, landscaping, or other
conditions of approval must be approved by the Director or Architectural Review
Commission, as deemed appropriate.
59.The design of the proposed SLO Rep Theatre shall be consistent with the proposed façade
redesign included in the plans submitted as part of the Planning Commission staff report
dated October 23, 2019. The building permit submittal shall accurately show the location
of all the terra cotta tiles and which colors will be located where.
60.Plans submitted for a building permit shall call out the colors and materials of all proposed
building surfaces and other improvements.
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61.The locations of all exterior lighting, including bollard style landscaping or path/parking
lighting, shall be included in plans submitted for a building permit. All wall-mounted
lighting fixtures shall be clearly called out on building elevations included as part of
working drawings. All wall-mounted lighting shall complement building architecture,
subject to the approval of the Community Development Director. The lighting schedule for
the building shall include a graphic representation of the proposed lighting fixtures and cut
sheets on the submitted building plans. The selected fixture(s) shall be shielded to ensure
that light is directed downward consistent with the requirements of the City’s Night Sky
Preservation standards contained in Chapter 17.23 of the 2015 Zoning Regulations.
62.Plans submitted for a building permit shall clearly state the type/model of bicycle racks
proposed, location and dimensions of all 13 short and long-term bicycle parking spaces.
All long-term bicycle parking spaces shall be located within the building. Sufficient detail
shall be provided about the placement and design of bike racks to demonstrate compliance
with relevant Engineering Standards and Community Design Guidelines, to the satisfaction
of the Public Works and Community Development Directors.
63.Plans submitted for a building permit shall include window details indicating the type of
materials for the window frames and mullions, their dimensions, and colors. Plans shall
include the materials and dimensions of all lintels, sills, surrounds recesses and other
related window features. Plans shall demonstrate the use of high-quality materials for the
windows that reflect the architectural style of the project and are compatible with the
neighborhood character, to the approval of the Community Development Director.
64.Mechanical and electrical equipment shall be located internally. With submittal of working
drawings, the applicant shall include sectional views of the building, which clearly show
the sizes of any proposed condensers and other mechanical equipment. If any condensers
or other mechanical equipment is to be placed on the roof, plans submitted for a building
permit shall confirm that parapets and other roof features will adequately screen them. A
line-of-sight diagram may be required to confirm that proposed screening will be adequate.
This condition applies to initial construction and later improvements.
65.The location of any required backflow preventer and double-check assembly shall be
shown on all site plans submitted for a building permit, including the landscaping plan.
Construction plans shall also include a scaled diagram of the equipment proposed. Where
possible, as determined by the Utilities Director, equipment shall be located inside the
building within 20 feet of the front property line. Where this is not possible, as determined
by the Utilities Director, the back-flow preventer and double-check assembly shall be
located in the street yard and screened using a combination of paint color, landscaping and,
if deemed appropriate by the Community Development Director, a low wall. The size and
configuration of such equipment shall be subject to review and approval by the Utilities
and Community Development Directors.
66.A final landscaping plan, including irrigation details and plans, shall be submitted to the
Community Development Department along with working drawings. The legend for the
landscaping plan shall include the sizes and species of all groundcovers, shrubs, and trees
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with corresponding symbols for each plant material showing their specific locations on
plans. Street trees species shall comply with City standards and may include palm trees.
67.The applicant shall pay parking in-lieu fees for 67 parking spaces prior to building permit
issuance unless another agreement is supported by the City to the satisfaction of the
Community Development and Public Works Directors.
Engineering Division – Public Works/Community Development Department
68.The Parking Structure shall conform to the overall proposed campus designs and approvals
for the Palm Nipomo Parking Structure Project and any subsequent agreements between
the SLO Rep Theatre and the City. The project shall also conform to previously approved
bulb-out and crossing designs for the Monterey Place project located at 667 Monterey.
69.The project address should be established prior to building permit application if possible.
Otherwise, the address will be established during permit review and prior to permit
issuance.
70.A separate demolition plan and permits are required for the structures located on the project
site. The plan shall include an inventory of all improvements located on the City parcel
and within the public right-of-way. Any historic materials shall be noted and shall include
a matrix of the proposed disposition. Unless otherwise proposed or required to be re-used
within the project, the historic granite curbing, walls, and stairs located on the project site
shall be preserved and delivered to an approved location to the satisfaction of the City.
71.The demolition plans shall show the location of all existing utilities. Existing utilities shall
be approved for re-use or shall be abandoned per City Engineering Standards. The
applicant should confirm whether any utilities remain from the previous demolition of the
structure(s) located on the project site. City improvement plan records and/or sewer
mainline televising records are available upon request.
72.Projects involving the construction of new structures generally requires that complete
frontage improvements be installed or that existing improvements be upgraded per city
standard. MC 12.16.050
73.New curb, gutter, sidewalk, curb ramps, bulb-outs, street parking, signage, striping, parking
meters, street tree plantings, street lighting, demolitions, etc. shall be completed as a
condition of the project. Except where standard streetlights are required, the frontage
improvements shall include new pedestrian level streetlights per the approved master plan
and City Engineering Standards.
74.The project is located within the Mission Style Sidewalk District of downtown. Unless
directed otherwise and approved by Public Works or Community Development Directors,
all new or replaced improvements shall be constructed in the Mission Style per City
Engineering Standards.
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75.Any proposed phasing of the public improvements shall be approved by the City. If phased,
interim improvements may be required to provide a reasonable transition between
adjoining projects.
76.The required public improvements may be shown with the building permit submittal or
could be processed as a separate public improvement plan. The on-site plans and off-site
plans shall agree. Unless otherwise approved by the City, the building permit plans shall
not be approved or permits issued until the adjoining public improvements are approved.
77.The building plan submittal shall include a complete site, grading, drainage, and utility
plan. If proposed grading, drainage, and utilities are to be permitted under a separate
submittal, this information shall be shown “for reference only” on the building plan
submittal. The plan shall show all existing and proposed underground and overhead
utilities for reference. All utility company meters, vaults, equipment, and transformers
shall be shown for reference.
78.All new wire utilities shall be underground. Unless otherwise approved by the City, the
underground service(s) shall be achieved without a net increase of utility poles within the
public right-of-way.
79.The required PGE service work and their preliminary design memo shall be reviewed and
approved by the City and the engineer of record prior to commencing with final designs.
The final PGE handout package shall be approved prior to building permit issuance or shall
be listed as a deferred submittal item. The plan shall clarify how secondary service will be
maintained or re-served to the remaining properties to the east.
80.Handrails for any on-site stairs or ramps shall not encroach into the public right-of-way or
public sidewalk area and shall comply with current Americans with Disabilities Act (ADA)
code.
81.The building plan submittal and project drainage report shall show and note compliance
with the Drainage Design Manual, Floodplain Management Regulation, and the Post
Construction Stormwater Regulations. The stormwater BMP’s shall be located outside the
public right-of-way unless otherwise specifically approved by the City. The PCR
compliance approach and strategy shall consider how the treatment of runoff from the
altered or replaced public improvements will be managed. Some stormwater BMP’s
designed to treat runoff from public streets and sidewalks may be located within the Public
right-of-way.
82.The building plan submittal shall clarify that the access into the lower floor and basement
exit systems are located above the base flood elevation (BFE). Unless otherwise approved
by the City, a one-foot freeboard should be provided above the BFE. All building service
equipment shall be located outside or above the BFE.
83.The building plan submittal shall include a complete grading and drainage plan. The plan
shall evaluate whether there is existing run-on from the neighboring upslope properties.
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The plans shall clarify the extent of any run-on and shall clarify how the drainage will be
collected and conveyed to an approved outlet. A portion of the roof from an adjoining
structure with a zero setback appears to discharge onto this site. An analysis of the entire
limits of the watershed tributary to the easterly property line will be required.
84.The building plan submittal shall include a complete tree summary showing all existing
trees, tree diameters, species, and proposed disposition. The plan shall include trees on
neighboring properties with tree canopies/root zones that may encroach into the area of
construction disturbance. A tree preservation plan shall be provided to clarify how all trees
proposed to remain will be protected during demolition and construction.
85.Street trees are required as a condition of the building permit. The landscape and irrigation
plans shall show irrigation improvements and sleeves under the sidewalk to provide
irrigation to any parkway plantings and/or tree wells. Street tree species and plantings shall
be in accordance with the City Engineering Standards and may include palm trees.
Transportation Division - Public Works Department
86.Pursuant to Chapter 4.56 of the City of San Luis Municipal Code, the project shall be
responsible for paying applicable transportation impact fees prior to issuance of building
permits.
87.Per Mitigation Measure T-1 of the Palm/Nipomo Parking Structure Project EIR, a
Construction Management Plan shall be submitted for review and approval by the Public
Works and Community Development Departments. Prior to issuance of building permits
and encroachment permits for the proposed theater project, a Construction Management
Plan must be approved by the Public Works and Community Development Departments -
either as a combined plan for the parking structure and theater project or as a stand-alone
plan for the theater project only.
Utilities Department
88.The proposed utility infrastructure shall comply with the latest engineering design
standards effective at the time the building permit is obtained and shall have reasonable
alignments needed for maintenance of public infrastructure.
89.The project must construct a new sewer lateral and water services for the proposed use.
90.MAWA and ETWU calculations shall be provided for the proposed landscape plan per the
following formula: http://www.slocity.org/government/department-directory
91.Projects generating more than two cubic yards of total waste shall comply with AB 1826,
and local waste management ordinance to reduce greenhouse gas emissions. Trash
enclosure(s) shall conform the requirements by the San Luis Garbage Company, and refuse
bins shall be sized to provide a reasonable level of service. Separate refuse bins shall be
accommodated within the site for waste, recycling, and organics.
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Resolution No. _____ (2019 Series) Page 17
R ______
92.Applicant will need to obtain in writing that the proposed enclosures and collection method
meets the San Luis Garbage Company (SLG) requirements. SLG can be contacted at (805)
543-0875. The proposed plans show large waste containers at the bottom of the access
ramp near the north boundary of the project, which will be difficult to access. Please consult
with SLG to review the access and ensure the large bins will not create a safety hazard. All
three waste streams need to be included in the proposed trash enclosure per Section 2.1.1-
D of the Uniform Design Criteria.
93.Driveways and access routes to the trash enclosure shall be designed to accommodate the
size and weight of the garbage trucks; a written confirmation from the San Luis Garbage
Company shall be included in the building permit plans for the proposed project. The trash
enclosure area shall have a maximum slope of two percent in a way that waste services will
not interfere with vehicular or pedestrian traffic.
94.Tree wells shall maintain a 10-foot clearance to the existing sewer and water mains. New
curbs along the frontage improvements shall maintain a 2-foot clearance between the new
lip of gutter and the outside edge of existing sewer or water mains.
95.Underground dewatering systems for basements shall discharge to an on-site retention
system or shall obtain an environmental compliance permit prior to issuance of an
occupancy permit.
Palm Nipomo Parking Structure Use Permit
96.The proposed parking structure shall operate in substantial compliance with the project
description approved by the City Council.
SLO Rep Theatre Use Permit
97.The applicant shall defend, indemnify, and hold harmless the City and/or its agents,
officers, and employees from any claim, action, or proceeding against the City and/or its
agents, officers, or employees to attack, set aside, void, or annul the approval by the City
of this project, and all actions relating thereto, including but not limited to environmental
review (“Indemnified Claims”). The City shall promptly notify the applicant of any
Indemnified Claim upon being presented with the Indemnified Claim, and City shall fully
cooperate in the defense against an Indemnified Claim.
98.The proposed SLO Rep theatre shall operate in substantial compliance with the project
description approved by the City Council.
Upon motion of _______________________, seconded by _______________________,
and on the following roll call vote:
AYES:
NOES:
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Resolution No. _____ (2019 Series) Page 18
R ______
ABSENT:
The foregoing resolution was adopted this 12th day of November 2019.
____________________________________
Mayor Heidi Harmon
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, this ______ day of ______________, 2019.
____________________________________
Teresa Purrington
City Clerk
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Resolution No. _____ (2019 Series) Page 19
R ______
EXHIBIT A
Palm Nipomo Parking Structure Project General Plan Amendment Map Change
Existing Proposed
Office
Medium-
High
Residential
General
Retail
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ORDINANCE NO. _______ (2019 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO, CALIFORNIA, REZONING PROPERTIES AT
609 & 633 PALM, 610, 614 & 630 MONTEREY, 970 & 972 NIPOMO
STREETS FROM OFFICE WITH A HISTORIC DISTRICT
OVERLAY (O-H) AND MEDIUM-HIGH DENSITY RESIDENTIAL
(R-3) TO DOWNTOWN COMMERCIAL ZONE WITH A
HISTORIC OVERLAY (C-D-H) CONSISTENT WITH THE PALM
NIPOMO PARKING STRUCTURE PROJECT WITH AN
ADDENDUM TO THE CERTIFIED ENVIRONMENTAL IMPACT
REPORT AS REPRESENTED IN THE COUNCIL AGENDA
REPORT AND ATTACHMENTS DATED NOVEMBER 5, 2019
(RZ-0460-2019)
WHEREAS, the Planning Commission of the City of San Luis Obispo
conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San
Luis Obispo, California, on October 23, 2019, and recommended a revision to the City’s
Zoning Map (Exhibit 1 attached) consistent with the Palm Nipomo Parking Structure
Project as part of the entitlement process for the project (RZ-0460-2019); and
WHEREAS, the City Council of the City of San Luis Obispo conducted a
public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis
Obispo, California, on November 5, 201 9 , for the purpose of approving the rezone ;
and
WHEREAS, the City Council finds that the proposed amendments are
consistent with the General Plan as amended, the purposes of the Zoning Regulations,
and other applicable City ordinances; and
WHEREAS, the City Council adopted a Final Environmental Impact Report
(FEIR) for the project (SCH #2017051011) that addressed impacts related to the rezone
at its public hearing of July 17, 2018, and review of the Addendum at its public hearing
of November 5, 2019; and
WHEREAS, notices of said public hearings were made at the time and in the
manner required by law; and
WHEREAS, the City Council has duly considered all evidence, including the
testimony of the applicant, interested parties, and the evaluation and recommendations by
staff, presented at said hearing.
NOW, THEREFORE, BE IT ORDAINED , by the City Council of the
City of San Luis Obispo as follows:
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Ordinance No. ______ (2019 Series) Page 2
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SECTION 1. Environmental Determination. The City Council hereby finds that
this action has been environmentally reviewed pursuant to the provisions of the
California Environmental Quality Act (Public Resources Code Sections 21000, et
seq. (“CEQA”), the State CEQA Guidelines (California Code of Regulations, Title 14,
Sections 15000, et seq.) and the City's local standards. On July 17, 2018, the City
Council certified the Final Environmental Impact Report (SCH #2017051011), adopted a
Mitigation Monitoring and Reporting Program, and adopted CEQA Findings and
Mitigation Measures, including a Statement of Overriding Considerations, for the Palm
Nipomo Parking Structure Project per Resolution No. 10923 (2018 Series). A Notice of
Determination was filed with the San Luis Obispo County Clerk Recorder’s Office on
July 19, 2018.
The City Council adopts the following findings to approve the Addendum to the certified
FEIR: 1) the minor technical changes addressed in the Addendum do not materially
change the findings and conclusions of the certified FEIR; 2) no substantial changes are
proposed or would occur that would require major revisions to the certified FEIR; 3) no
new significant environmental effects are identified and there would not be a substantial
increase in the severity of previously identified significant effects; 4) the project would
not result in any significant effects that would be substantially more severe than what was
identified in the certified FEIR. Furthermore, the applicant will comply with all
mitigation measures and environmentally mitigating project features included in the
certified FEIR.
SECTION 2. Findings. Based upon all evidence, the City Council makes the
following findings:
a)The rezone allows the implementation of the Palm Nipomo Parking Structure
Project by rezoning the site to be consistent with the General Plan as amended.
b)The rezone is consistent with General Plan Land Use Element policies and map as
amended related to the Palm Nipomo Parking Structure Project, including the land
uses and conceptual development envisioned for the area for following reasons: 1)
The rezone would facilitate the General Plan Land Use map as amended and
reflect General Plan development parameters for the area; and 2) the rezone would
facilitate appropriate infill development and construction consistent with the City’s
Downtown Concept Plan and support General Plan policies for the development of
Downtown.
c)The rezone will not create non-conforming uses at the site because any existing
uses that remain on site would be allowed under the new zoning.
SECTION 3 . Action. The City Council of San Luis Obispo hereby approves
the rezone and land use map amendment as shown in attached “Exhibit 1,” which is
consistent with the land use designations included in the General Plan as amended.
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Ordinance No. _____ (2019 Series) Page 3
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SECTION 4 . Severability. If any section, subsection, sentence, clause, or
phrase of this Ordinance is for any reason held to be invalid or unconstitutional by
a decision of any court of any competent jurisdiction, such decision shall not affect
the validity of the remaining portions of this Ordinance. The City Council hereby
declares that it would have passed this Ordinance, and each and every section,
subsection, sentence, clause, or phrase not declared invalid or unconstitutional
without regard to whether any portion of the Ordinance would be subsequently
declared invalid or unconstitutional.
SECTION 5. A summary of this ordinance, together with the names of Council
members voting for and against, shall be published at least five (5) days prior to its final
passage, in The Tribune, a newspaper published and circulated in this City. This
ordinance shall go into effect at the expiration of thirty (30) days after its final passage.
INTRODUCED on the 12th day of November, 2019, AND
FINALLY ADOPTED by the Council of the City of San Luis Obispo on
____ day of _____________, 2019, on the following vote:
AYES:
NOES:
ABSENT:
______________________________
Mayor Heidi Harmon
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, this ____ day of _________________,
2019.
Teresa Purrington, City Clerk
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Ordinance No. XXXX (2019 Series) Page 5
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Exhibit 1. Amended Land Use Map and Rezoning Map
Palm Nipomo Parking Structure Project Amended Land Use and Rezoning Map
Existing Proposed
Medium-High
Residential (R-3)
Office with a
Historic Overlay
(O-H)
Downtown
Commercial with
a Historic Overlay
(C-D-H)
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MEMORANDUM
Date: October 4, 2019
TO: Project File
FROM: Richard Burde, PE, Engineer III
Chris Read, Sustainability Manager
CC:
Project Team
VIA: Matt Horn, PE, City Engineer
Brian Nelson PE, Supervising Civil Engineer
SUBJECT: Electrical Design Recommendations for Palm - Nipomo Garage
Introduction
For the last several years the City has aspired to develop the existing surface lot at the corner of
Palm and Nipomo into a multi-level parking structure. Design of the structure began in March
2019 and is currently underway by the project design consultant, Watry Design, Inc. Construction
is expected to start by the end of 2020. In addition to adding much needed parking to the downtown
core, this development provides a valuable opportunity for the City to gain experience in
implementing green technologies in a major capital project while balancing the monetary costs
associated with such advancements.
The Palm–Nipomo Parking Structure is scheduled to go to City Council for approval on November
5, 2019. With the project currently in the preliminary design stage, City Administration staff asked
Public Works staff to investigate and make recommendations on the appropriate level of
implementation of green technologies, including solar and electrical vehicle charging.
This document provides a discussion of the benefits and challenges of such a project and provides
recommendations for prudent levels of green technology implementation in the design of the
structure’s electrical system.
Background
As stated in the City’s Climate Action Plan, San Luis Obispo has set a goal for becoming carbon
neutral by 2035. If this ambitious milestone is to be achieved all viable opportunities for
implementing green technology must be taken advantage of. However, mass implementation of
many emerging green technologies is often cost prohibitive and the City’s desire to show
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leadership in environmental sustainability must always be balanced by the monetary costs
associated with these advancements.
The new parking structure at Palm and Nipomo will require a heavy investment from the City and
is expected to have a life span of 50 years or more. This makes it critical for City staff to thoroughly
consider current technologies and consumer trends in parking, as well as try to anticipate how
emerging technologies might affect the future use of parking structures.
Palm-Nipomo Proposal (Preliminary Implementation of Green Technologies)
To date, Watry Design Inc. has produced a preliminary layout of the garage which includes 403
stalls on five levels. Of the 403 total stalls, 43 have been equipped with electric vehicle (EV)
charging stations, or roughly 10% of total stalls. This allocation of EV stalls is in line with the
current City Zoning Regulations see section 17.72.040 which requires 10% of stalls to be EV ready
and an additional 25% of stalls to be made EV capable.
In addition to EV charging, Watry’s preliminary layout includes photovoltaic (PV) panels on the
structure’s top level with coverage equaling 8,935 of the 32,000 total square feet. Photovoltaic
panels would be used to offset the energy demands of the garage, including load requirements of
EV charging stations, as well as reduce the City’s overall dependence on traditional power sources.
Any excess power produced would be directed to the grid, making clean energy available for use
elsewhere.
Green Technologies Currently Available
Upon receiving Watry’s preliminary design, City staff researched whether expanding the use of
green technologies in the Palm–Nipomo structure would be practical. The following section
outlines the current capabilities, limitations, and costs associated with EV chargers and PV panels.
In addition, the potential use of battery walls to offset peak demand electrical pricing will be
explored.
EV Charging – There are now over a million electric vehicles on the road across the US and a
million more are expected within the next three years. California leads the U.S. in EV purchases
where 7.1% of new cars sold in the state are electric. This trend in increased electric vehicle use
presents an opportunity for parking garage operators to attract customers by providing charging
stations in their structures.
Currently there are three primary options available for charging electric vehicles:
• Level 1 chargers - generally installed at private residences, they operate on a 120 Volts
Alternating Current (AC) and require 8-12 hours to fully charge an electric battery.
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• Level 2 chargers - the most common type of chargers, these operate on a 240 Volts AC
plug and require 4-6 hours to fully charge an electric battery. Level 2 chargers are
compatible with all electric and hybrid vehicles.
• Level 3 chargers - known as direct current (DC) Fast Chargers, they operate on a 480 Volts
DC and can provide an 80% charge in as little as 30 minutes.
All 43 EV-ready stalls currently being proposed in the Palm–Nipomo structure are Level 2
chargers, each of which will demand 6.656 kilowatts of electricity while in use.
Operating Costs of EV Charging
In April of 2019, the City installed 19 EV Level 2 charging stations in the Marsh St. parking
garage, making it the City’s first significant implementation of EV charging. Despite the growing
popularity of electric vehicles in California and the strong occupancy rates of the general stalls at
Marsh St., use of the charging stations remains low. This is true even though the City only collects
its typical parking rates and does not pass along electrical fees associated with charging to the
consumer.
Analysis by the Parking Services Programs has determined that the average price for power used
in the Marsh St. garage is $0.36 per kilowatt hour, with peak rates of $0.58 per kilowatt hour.
Therefore, a car parked and charging during peak rates incurs an energy cost to the City of
$3.86/hour while only paying $1.50/hr in parking fees.
At this rate, a customer fully charging a vehicle during a 6-hour stay would pay $7.50 in parking
fees ($1.50/hour with the first hour free). During this time the City would incur $23.16 in electrical
costs during peak times which equates to a $15.66 loss to provide this service ($7.50 of parking
fees minus $23.16 electrical cost). During average rate times, the cost of electricity is lower but
still equates to a $6.90 loss to provide this service.
Providing EV charging stalls also brings hidden or “soft” costs to the project by reducing the
parking structures revenue potential. Due to the enlarged space requirements of the EV charging
stations and the need to maintain ADA-compliant paths of travel, the addition of EV charging
stations beyond the 10% base requirement will require the elimination of traditional stalls, further
impacting the structures potential for generating revenue. For example, making the parking
structure 100% EV capable would reduce the total stall count by 35 stalls, roughly 8.6%. With
debt financing being pursued for construction funding any potential impact on the structures ability
to generate revenue must be carefully considered.
Photovoltaic panels - Photovoltaic (PV) technology has been used on small scales to convert light
into electricity for decades, but with advancements in PV technology over the last 20 years their
use as a clean, reliable source of energy has become common. Today, PV panels annually produce
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27.3 Terawatt hours worth of electricity in California, making it the second most utilized energy
source in the state. This mass implementation has also contributed to the capital cost of PV systems
dropping by approximately 34% over the last 5 years.
Preliminary cost estimates for photovoltaic systems vary based on size and design specifics , but
for the purposes of assessing the viability of implementation, a conservative cost of $3.00/watt
will be used. At this price point, assuming average electrical cost of $0.36 per kwh incurred at the
Marsh St. structure, it would take 5.7 years at 4 hours of production a day for the panels to pay for
themselves. Applying peak rates of $0.58/kwh to the analysis would be reduced this to 3.54 years.
With a lifespan for the panels of 20-30 years and minimal maintenance required to keep them
functioning efficiently, PV implementation is clearly of benefit.
Battery Walls - The last few years have also brought significant advancements in battery
technology. Often used to complement PV systems, battery walls can store solar power produced
during daylight hours, making it available for EV charging at night. A charged battery can also be
used to offset power used during peak pricing times by bridging the gap between the power output
of a PV system and the draw of high-energy equipment such as EV chargers.
At a price point of $7500 each, wall batteries require routine maintenance, and have a lifespan of
10 years or less. These units also require additional storage space that can house control systems,
as well as cooling and ventilation systems.
Although additional cost analysis would be needed in order to accurately quantify the total price
for battery wall implementation, preliminary calculations suggest this is not economically feasible.
Palm – Nipomo Design Recommendations
EV Chargers - Currently the California Green Code requires a parking structure of 200 units or
more to provide 6% of total stalls to EV charging. This requirement is high compared to other
states which highlights the commitment to environmental sustainability the City of San Luis
Obispo has shown by requiring 10% EV ready and an additional 25% capable.
It is the recommendation of City staff to implement the EV standards set forth in the City Zoning
Regulations of 10% EV ready and 25% EV capable, which is a larger implementation than required
in the California Green Code.
Photovoltaic panels – Staff recommends increasing the use of photovoltaic panels from 8,935
square feet (sf) currently being proposed to 17,147 sf. This increase requires installation of
photovoltaic panels along the perimeter of the top level of the parking structure which may change
the aesthetic look of the structure as seen from the street.
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Battery wall - Battery walls are not deemed economically feasible at this time and should not be
implemented in the design of the garage.
Policy Considerations
Although this memo is focused on the capital investments associated with the proposed parking
garage, Public Works and the Office of Sustainability met to discuss additional policy
considerations that could help support staff design recommendations. It is recommended that
these policy considerations be presented at the November 5 City Council meeting and that the
issues are resourced and addressed as the construction component of the project moves forward.
The City has converging needs around rapidly increasing housing production, reducing vehicle
miles traveled, reducing congestion, supporting active transportation and transit, enhancing
downtown and implementing the downtown concept plan, addressing cost-of-living and equity
issues, and reducing greenhouse gas emissions. The Palm/Nipomo garage should exist to serve
the success of these broader policy priorities, and under this context the following policy and
operational considerations should be considered:
1. Allowing downtown residents to park and charge overnight – This could allow new
residential developments to have reduced parking requirements, would provide off-peak
charging revenue, would provide access to charging for downtown residents, and would
allow greater utilization of the garage.
2. A program to test EV charging rates – Given the dynamic pricing capabilities of
ChargePoint chargers, the existing Marsh Street and the proposed Palm/Nipomo garages
provide an opportunity to test rates to strike the correct balance between cost recovery
and utilization. Initial ideas include:
a. Equity rates that provide free or significantly reduced charging for income
qualified residents
b. Special rates for overnight charging
c. Partnership with hotels and tourism groups (e.g., TBID, Chamber of Commerce,
Downtown Association) to receive subsidies on charging rates that allow City
cost recovery and cheap charging for visitors
d. Full cost recovery for all other users
3. A program that illustrates how the project supports full implementation of the Downtown
Concept Plan. Substantial economic development opportunities exist through
implementation of the Downtown Concept Plan, including through reclaiming on-street
parking spaces for commerce and recreation and through enhancing active transportation
accessibility. An approach that allows projects to shift their EV charging space
requirements to the Palm/Nipomo garage could achieve objectives related to providing
chargers without compromising the implementation of the plan.
4. A marketing campaign to drive utilization – The existing Marsh street chargers are a
substantial investment, but they have not been supported with marketing, signage, or site
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aesthetic enhancements. A collaboration with tourism and downtown organizations, as
well as with the City’s communications resources, could help drive greater utilization.
Conclusion
With uncertainty regarding the future public demand for EV charging and a bid market that is
producing much higher than anticipated construction costs, it is hard to justify increasing project
scope for infrastructures that may never be fully utilized. The electrical design recommendations
proposed by staff above was the result of weighing cost of implementation, current usage, and
future projected use of green technologies
Further implementation of the Downtown Master Plan also includes the construction of additional
parking structures and will provide new opportunities for implementing green technologies should
the cost-benefit analysis change in the future.
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PHASE 3:
PUBLIC ENGAGEMENT & EIR PREPARATION
PHASE 4:
PUBLIC MEETINGS
PHASE 1:
DESIGN OPTION ANALYSIS
PHASE 2:
REFINE DESIGN
2003
May 25, 2004
City Council Meeting
• Review schematic
design options
2004 2005 2006 2007 2008 2009
2003
City Council Meeting
• Palm-Nipomo Parking
Structure established
as a major City goal
July 5, 2005
City Council Meeting
• Review design
refinements
April 24, 2007
City Council Meeting
• Identify preferred
Option D3
December 1, 2009
City Council Meeting
• Approve RFPs
for design &
environmental
2010 2011 2012
2010
• Parking Structure
Stakeholder &
Steering Committee
meetings
October 20, 2010
• Parking Structure
Public Workshop #1
2013 2014 2015 2016 2017 2018 2019
January 19, 2016
City Council Meeting
• Directs staff to move
forward with the full
project EIR
May 10, 2017
Planning Commission
• Conceptual review of
the project and EIR
scoping
City Council & Planning
Commission Hearings
Stakeholder Interviews &
Public Workshops
Architectural Review &
Cultural Heritage
Committees
PALM AND NIPOMO
PARKING STRUCTURE &
SLO REPERTORY THEATRE
PROJECT TIMELINE
DATE: OCTOBER 1, 2019
LEGENDAugust, 2016
• Theatre Full
Feasibility Study
completed
July 17, 2018
City Council Meeting
• EIR Review and
certification
September 16, 2019
Architectural Review
Committee
• Design Refinements
Reviewed
January 22, 2018
Cultural Heritage
Committee
• EIR Review
2010
• Watry & design team
begin work on Parking
Structure project January 3, 2012
City Council Meeting
• Directs staff to
prepare RFP for EIR
March 17, 2009
City Council Meeting
• Review financial
analysis and parking
demands
October 18, 2012
• Theatre Stakeholder
Meeting/ Design
Questionnaire
November 16, 2012
• Theatre Public
Workshop #1
November 28, 2012
• Theatre Public
Workshop #2
February 13, 2014
• Theatre presents
design to City staff
• First draft of MOU
created
November, 2016
• Theatre Campaign
staff and consultants
contracted
December 2016
• Parking Structure
Stakeholder
Interviews
November, 2018
City Council Meeting
• Exclusive Negotiating
Agreement passed
September 23, 2019
Cultural Heritage
Committee
• Design Review
August 19, 2019
Architectural Review
Committee
• Design Review
February, 2015
• Theatre’s MOU second
draft completed
February, 2018
• Theatre MOU
updated to meet draft
Exclusive Negotiating
Agreement by City
January 19, 2011
• Parking Structure
Public Workshop #2
January 17, 2017
• Creative Vision Team
Stakeholders Meeting
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ADDENDUM TO THE
CERTIFIED FINAL ENVIRONMENTAL IMPACT REPORT
FOR THE
CITY OF SAN LUIS OBISPO
PALM NIPOMO PARKING STRUCTURE PROJECT
JULY 2019
A. INTROUCTION
This document is an Addendum to the Final Environmental Impact Report (EIR) prepared for the Palm
Nipomo Parking Structure Project (SCH# 2017051011). The EIR was certified by the City of San Luis
Obispo on July 17, 2018. The Addendum is intended to bring the existing California Environmental
Quality Act (CEQA) documentation as up to date as appropriate, based on minor changes to the
approved project. Because there are no new or more severe significant impacts or mitigation measures
as a result of this updated analysis, an Addendum is the appropriate CEQA document.
B. ADDENDUM REQUIREMENTS
The Addendum has been prepared in accordance with the relevant provisions of CEQA and the State
CEQA Guidelines as implemented by the City of San Luis Obispo. According to Section 15164(a) of the
State CEQA Guidelines, “The lead agency or responsible agency shall prepare an addendum to a
previously certified EIR if some changes or additions are necessary but none of the conditions described
in Section 15162 calling for preparation of a subsequent EIR have occurred.” Section 15162(a) of the
State CEQA Guidelines states that no subsequent EIR shall be prepared for a project unless the lead
agency determines, on the basis of substantial evidence in the light of the whole record, one or more of
the following:
1) Substantial changes are proposed in the project which will require major revisions of the previous
EIR or Negative Declaration due to the involvement of new significant environmental effects or a
substantial increase in the severity of previously identified significant effects;
2) Substantial changes occur with respect to the circumstances under which the project is
undertaken which will require major revisions of the previous EIR or Negative Declaration due to
the involvement of new significant environmental effects or a substantial increase in the severity
of previously identified significant effects; or
3) New information of substantial importance, which was not known and could not have been
known with the exercise of reasonable diligence at the time the previous EIR or Negative
Declaration was adopted, shows any of the following:
A. The project will have one or more significant effects not discussed in the previous EIR or
Negative Declaration;
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B. Significant effects previously examined will be substantially more severe than shown in the
previous EIR or Negative Declaration;
C. Mitigation measures or alternatives previously found not to be feasible would in fact be
feasible, and would substantially reduce one or more significant effects of the project, but
the project proponents decline to adopt the mitigation measure or alternative; or
D. Mitigation measures or alternatives which are considerably different from those analyzed in
the previous EIR or Negative Declaration would substantially reduce one or more significant
effects on the environment, but the project proponents decline to adopt the mitigation
measure or alternative.
This Addendum does not require circulation because it does not provide significant new information
that changes the certified EIR in a way that deprives the public of a meaningful opportunity to comment
upon a substantial adverse environmental effect of the project or a feasible way to mitigate or avoid
such an effect.
This Addendum includes this introduction, a description of the proposed actions addressed in the
Addendum as they relate to the original project, and an evaluation that concludes that no new or more
severe impacts would result. The City shall consider this Addendum with the certified Final EIR as part of
the approval of the amended project.
The CEQA documentation for this project, including this Addendum and certified Final EIR, is available
for review at the Community Development Office, located at 919 Palm Street, San Luis Obispo,
California. It is also available on the City’s website at https://www.slocity.org/government/department-
directory/community-development/documents-online/environmental-review-documents/-folder-1903.
C. PREVIOUS CEQA DOCUMENTATION
An EIR was prepared for the original Palm Nipomo Parking Structure Project and circulated for public
and agency review in 2018. The Final EIR was adopted with a decision to proceed with the project by the
City of San Luis Obispo on July 17, 2018. A Notice of Determination (NOD) was prepared, and there were
no legal challenges to the adequacy of the Final EIR during the 30-day statute of limitations associated
with the NOD, pursuant to CEQA (Public Resources Code Section 21167 and CEQA Guidelines Section
15094).
D. REASONS WHY AN ADDENDUM IS APPROPRIATE
Since adoption of the EIR and the decision to proceed with the project by the City of San Luis Obispo on
July 17, 2018, a change to the site’s proposed zoning and land use designation has occurred. This
document is an Addendum to the Final EIR to document the updated project description, so that the
Final EIR, with the most recent project information, may be used by the City for purposes of its
environmental review. This Addendum incorporates the additional analysis for inclusion in the
environmental record. The updated analysis does not materially change the findings and conclusions of
the Final EIR, making a Subsequent EIR unnecessary pursuant to Section 15162 of the State CEQA
Guidelines.
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E. UPDATED PROJECT ELEMENTS
As amended, the construction and operation of the approved above-ground, five-level parking structure,
non-profit theater, and 5,000 square feet of commercial space would continue to be developed in the
same location on the project site as the original project as described in the EIR. The discretionary actions
identified in the EIR included a General Plan amendment from Office and Medium-High Density
Residential to Public and a Zone Change from Office with a Historic Overlay (O-H) and Medium High
Density Residential (R-2) to Public Facility with a Historic Overlay (PF-H).
The City is now proposing to change the land use designation from Public to Downtown Commercial and
the zoning from Public Facility with a Historic Overlay (PF-H) to Downtown Commercial with a Historic
Overlay (C-D-H) to allow for the uses as they are described and analyzed in the EIR. No physical changes
to the project or proposed uses would occur.
F. UPDATED ENVIRONMENTAL IMPACT ANALYSIS
This section addresses the updates to the impact analysis in the EIR as a result of the project changes
described above. As described in the EIR, the Palm Nipomo Parking Structure project would result in
significant and unavoidable impacts with respect to alteration of visual character, demolition of historic
resources, and construction noise. All other impacts were determined to be less than significant with
mitigation or less than significant/no impact.
The proposal to change the land use designation to Downtown Commercial and zoning of the site to
Downtown Commercial with a Historic Overlay (C-D-H) would not result in any physical or operational
changes to the project. Construction and operation of the project on the site would continue to operate
as analyzed in the EIR. The Public Facility (PF) zone, which was previously proposed for the project, does
not fully comply with the specific commercial uses, setbacks, and heights for the approved project
evaluated in the EIR. With the proposed land use designation and zoning change, the commercial space
and non-profit theater would continue to be developed to a height of 41 to 43 feet and the maximum
height of the parking structure would continue to be 50 feet. The proposed zone change to Downtown
Commercial with Historic Overlay (C-D-H) would allow the development of buildings on the site to a
maximum height of 50 feet, thus reducing the requirement of a Planning Commission Use Permit to
allow deviations from the Public Facility zone. With the proposed land use designation and zoning
change, the project would continue to be developed with an approximately 200 x 200 square foot floor
area and 10 foot setback from the eastern project boundary. Proposed setbacks would not change from
what was previously evaluated in the EIR. The proposed Downtown Commercial zone does not have
setback requirements, thus reducing the requirement of a Use Permit to allow setback deviations from
the Public Facility zone. As previously analyzed and concluded, the proposed project would be
substantially taller and wider than the other surrounding development, altering the surrounding visual
character, resulting in a significant and unavoidable impact.
The change in zoning and land use designation would not alter any of the impacts as compared to the
approved project covered in the EIR and would not result in new or significantly increased
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environmental impacts with respect to cultural resources, noise, and traffic. The change in zoning and
land use designations would not alter or change the existing historic resources on-site, would not result
in changes to vehicle trip generation, construction or operational noise levels, or degrade levels of
service on adjacent roadways and intersections, beyond what was previously analyzed in the EIR.
G. DETERMINATION
In accordance with Section 15164 of the State CEQA Guidelines, the City of San Luis Obispo has
determined that this Addendum to the certified Final EIR is necessary to document changes that have
occurred regarding the proposed zoning and land use for the project site since the Final EIR was
originally certified. The City has reviewed and considered the information contained in this Addendum
and finds that no new or more severe environmental impacts would occur as a result of the project
changes. Accordingly, the preparation of subsequent CEQA analysis that would require public
circulation is not necessary.
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Item 10
Department Name: Administration and IT
Cost Center:
For Agenda of:
Placement:
Estimated Time:
1006
November 12, 2019
Public Hearing
30 minutes
FROM: Greg Hermann, Deputy City Manager
Prepared By: Molly Cano, Tourism Manager
SUBJECT: ANNUAL PUBLIC HEARING FOR THE TOURISM BUSINESS
IMPROVEMENT DISTRICT
RECOMMENDATION
1.Conduct a public hearing to receive testimony regarding the City Council’s intention to
continue the San Luis Obispo Tourism Business Improvement District and determine
whether a legally sufficient protest is made; and
2.If no legally sufficient protest is made, adopt a Resolution affirming the continuation of the
San Luis Obispo Tourism Business Improvement District, setting forth the basis for the
assessment, and levying the assessment upon hotels in the district for fiscal year 2019-20
(Attachment A).
DISCUSSION
Background & Previous Council Action
On October 1, 2019, Council reviewed and approved the San Luis Obispo Tourism Business
Improvement District (TBID) board’s annual report pursuant to Municipal Code Section
12.42.060 (Attachment B).
The City’s Municipal Code further requires that, after the approval of the annual report, Council
may choose to adopt a resolution of intention to levy an annual assessment for that fiscal year
and schedule a public hearing to receive any written or oral protests against the district .
Resolution No. 11050 (2019 Series), setting such a hearing, was adopted on October 1, 2019
(Attachment C).
Following the October 1, 2019, Council action, all lodging businesses within the district
including hotels, motels, bed and breakfast properties and the City permitted homestays, were
noticed for the public hearing scheduled for November 5, 2019. Those notices were sent on
October 24, 2019 to all assessed properties.
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Council Action: Public Hearing and Resolution
As set forth in Sections 36524 and 36525 of the California Streets and Highways Code and San
Luis Obispo Municipal Code Section 12.42.060, the Council has the ability to continue the San
Luis Obispo TBID at the public hearing, unless oral or written protests are received from City
hoteliers that will pay 50% or more of the proposed assessments. Under Municipal Code Section
12.42.060, protests are weighted based upon the annual assessment for the prior year by each
hotel. Staff will have assessment information available at the meeting, but for confidentiality
reasons, this information is not made public before or at the meeting. In the event that a
sufficient negative protest occurs, no further proceedings to continue the levy of assessments for
that fiscal year shall take place.
At the conclusion of the public hearing, if insufficient protest is received, Council may then
adopt a resolution affirming the continuation of the San Luis Obispo TBID, setting forth the
basis for the assessment, and levying the assessment upon hotels in the district for fiscal year
2019-20.
Policy Context
As referenced in the City’s Municipal Code, 12.42.060 and Sections 36524 and 36525 of the
California Streets and Highways Code, after approval of the annual report the City Council shall
follow the hearing process. At the public hearing, the City Council shall hear and consider all
protests. If written protests are received from hotel businesses in the district paying fifty percent
or more of the annual assessment, no further proceedings to continue the levy of assessments
shall take place. The protests shall be weighted based upon the annual assessment for the prior
year by each hotel business. (Ord. 1517 § 3 (part), 2008)
Public Engagement
This item is on the agenda for the November 5, 2019 Council meeting and will follow all
required postings and notifications. The public may have an opportunity to comment on this item
at or before the meeting.
All Advisory Body Meetings for the TBID were noticed in accordance with Brown Act
standards.
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.
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FISCAL IMPACT
Budgeted: Yes Budget Year: 2019-20
Funding Identified: Yes
Fiscal Analysis:
Funding Sources Current FY Cost
Annualized
On-going Cost
Total Project
Cost
General Fund
State
Federal
Fees
Other: TBID Fund 1,606,600 1,606,600
Total 1,606,600*
* In 2019-20, the TBID projected revenue is $1,606,600, which is intended to be used for
tourism marketing and promotion as outlined in the TBID Strategic Plan and 2019-20 TBID
Marketing Plan. All costs associated with TBID program expenditures are paid with TBID
revenues. The City retains 2% of TBID revenues to offset administrative overhead which is
approximately $32,132 in FY 2019-20.
ALTERNATIVES
Delay the public hearing. Staff does not recommend this alternative because all legally required
noticing has been completed. In addition to the legal noticing, staff provided additional
constituent outreach. In the event that the City receives close to 50% protest, the Council could
delay the public hearing in order verify protest submissions.
Deny the resolution. Staff does not recommend this alternative if the requirements to deny the
resolution under the legal protest specifications were not met.
Attachments:
a - Daft Resolution
b - Action Update for October 1, 2019 Council Meeting
c - Resolution 11050 (2019 Series) Declaring Intention to Continue TBID
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R ______
RESOLUTION NO. _____ (2019 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, DECLARING THE BASIS FOR AND THE LEVY
OF THE ASSESSMENT FOR THE SAN LUIS OBISPO TOURISM
BUSINESS IMPROVEMENT DISTRICT AND AFFIRMING THE
ESTABLISHMENT OF THE DISTRICT
WHEREAS, the Parking and Business Improvement Law of 1989, sections 36500 et seq.
of the Streets and Highways Code, authorizes cities to establish business improvement districts for
several purposes, one of which is promotion of tourism; and
WHEREAS, the lodging businesses within the proposed City of San Luis Obispo Tourism
Business Improvement District had requested the City of San Luis Obispo establish such a self-
assessment improvement district in 2008; and
WHEREAS, the San Luis Obispo Tourism Business Improvement District was established
in July 2008, and the San Luis Obispo Tourism Business Improvement District Law was
incorporated into the Municipal Code under Chapter 12.42; and
WHEREAS, the City Council appointed an advisory board to carry out the functions
specified in Street and Highways Code Section 36530, and to provide oversight, guidance, and
recommendations regarding the use of the assessment funds; and
WHEREAS the San Luis Obispo Tourism Business Improvement District Law and the
Parking and Business Improvement Law of 1989 requires the advisory body to prepare and submit
an annual report stating proposed changes, improvements and activities for the fiscal year; and
WHEREAS, such report was filed and approved by the City Council on October 1, 2019
WHEREAS, on October 1, 2019 the City Council adopted Resolution No. 11050 (2019
Series) declaring its intention to continue the San Luis Obispo Tourism Business Improvement
District in 2019-20; and
WHEREAS, notices regarding the approval of the public hearing were sent on October 24,
2019 to all assessed properties; and
WHEREAS, the City Council held a duly noticed Public Hearing on November 5, 2019
to allow for protests, as contemplated by Streets and Highway Code Section 36524; and
WHEREAS, sufficient written or oral protest was not received from hotel businesses in
the district which pay fifty percent or more of the assessment;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
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R ______
a)The establishment of Tourism Business Improvement District in the City of San Luis
Obispo in accordance with the San Luis Obispo Tourism Business Improvement
District Law, San Luis Obispo Municipal Code Chapter 12.42, and the California
Streets and Highways Code, section 36500 et seq. (Parking and Business Improvement
Law of 1989) is affirmed.
b)The assessment levied by the Tourism Business Improvement District shall be used to
promote lodging at the hotels within the district and administer marketing programs
that increase overnight lodging.
c)The assessment shall be levied and allocated by the City of San Luis Obispo.
d)The assessment shall to be levied on all “hotels”, as that term is defined in San Luis
Obispo Municipal Code section 3.04.020, to wit: any structure, or any portion of any
structure, which is occupied or intended or designed for occupancy by transients for
dwelling, lodging or sleeping purposes, and includes any hotel, inn, tourist home or
house, motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment
house, dormitory, public or private club, mobile home or house trailer at a fixed
location, or other similar structure or portion thereof.
e)The assessment shall be based on two percent (2%) of gross room rent.
f)New hotels shall not be exempt from immediate assessment.
Upon motion of _______________________, seconded by _______________________,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _____________________, 2019.
____________________________________
Mayor Heidi Harmon
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, this ______ day of ______________, 2019.
____________________________________
Teresa Purrington, City Clerk
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Action Update
CITY OF SAN LUIS OBISPO CITY COUNCIL
Tuesday, October 1, 2019
Regular Meeting of the City Council
CALL TO ORDER
A Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday, October 1, 2019
at 6:00 p.m. in the Council Chamber, located at 990 Palm Street, San Luis Obispo, California, by Mayor
Harmon.
CLOSED SESSION
A: CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
City Attorney Dietrick stated that the Council met in closed session on one matter for existing litigation
Kristoffersen vs. City of San Luis Obispo in the case of civil action #2:19-cv-07369-VAP-SS by motion
of Council Member Christianson and second by Vice Mayor Pease on a vote of 5-0 to approve a tentative
settlement that has been filed with the court. City Attorney Dietrick reported out the terms of the
settlement, a copy of the full settlement agreement is available in the City Clerk’s office.
CONSENT AGENDA
3.WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES
CARRIED 5-0 to waive reading of all resolutions and ordinances as appropriate.
4.DRAFT MINUTES REVIEW - SEPTEMBER 17, 2019 CITY COUNCIL MEETING
CARRIED 5-0, to approve the minutes of the City Council meeting held on September 17, 2019.
5.2019 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT APPLICATION
CARRIED 5-0, to authorize staff to submit an application for a 2019 Edward Byrne Memorial Justice
Assistance Grant in the amount of $12,859 and authorize the City Manager to execute necessary grant
documents and direct the appropriation of monies into the accounts required to administer and fulfill the
obligations of the grant.
6.APPROVAL OF THE FINAL MAP FOR TRACT 3063 - PHASE 2, 3987 ORCUTT ROAD
(FMAP 2005-2018)
CARRIED 5-0, to adopt Resolution No. 11047 (2019 Series) entitled, “A Resolution of the City Council
of the City of San Luis Obispo, California, approving the Final Map for Tract 3063 – Phase 2 (3987
Orcutt Road, FMAP-2005-2018)” and authorize the Mayor to execute a Subdivision Agreement and
Private Access Drainage Easements.
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Action Update – City of San Luis Obispo City Council Meeting of October 1, 2019 Page 2
7. APPROVAL OF THE FINAL MAP FOR TRACT 3113, 3063 ROCKVIEW PLACE (SBDV-
1211-2017)
CARRIED 5-0, to adopt Resolution No. 11048 (2019 Series) entitled, “A Resolution of the Council of
the City of San Luis Obispo approving the Final Map for Tract 3113 (3063 Rockview Place, Sbdv-1211-
2017),” and authorize the Mayor to execute a Subdivision Agreement.
PUBLIC HEARING ITEMS AND BUSINESS ITEMS
8. PUBLIC HEARING: REVIEW OF APPEALS FILED BY DAMIEN MAVIS, APPLICANT,
AND DAVID JOY, APPELLANT, CONCERNING THE PLANNING COMMISSION’S
DECISION REGARDING PROPERTY LOCATED AT 1121 MONTALBAN
CARRIED 5-0 to adopt Resolution No. 11049 (2019 Series) entitled, “A Resolution of the City
Council of the City of San Luis Obispo, California, upholding the appeal of the applicant (APPL-
0393-2019) to remove Condition No. 3 that Planning Commission added to restrict access to
bedrooms to a single door rather than the proposed double doors; and denying the appeal of the
appellant (APPL-0394-2019), thereby granting final approval of the development of a three-story
mixed-use development consisting of 15 residential units and 430 square feet of commercial space.
The project includes two Affordable Housing Alternative Incentive Requests for a density bonus of
97.5 percent and Relief of Site Development Standards to allow ground floor residences within the
first 50 feet of floor area adjacent to the street. The project is Categorically Exempt from
Environmental Review. As represented in the staff report and attachments dated September 17, 2019”
with the following changes.
The Director’s approve regarding unbundling the parking shall be final (non-appealable).
Prior to the issuance of the building permit, the applicant shall provide a Trip Reduction Plan to
reduce vehicle trips to and from the property, the plan shall clearly identify the responsibility for
monitoring and reporting the progress of the Trip Reduction Program to the satisfaction of the
Community Development Director and the Transportation Division. The Trip Reduction Plan shall
be clear on the performance measures, how they will be monitored/measured.
To support the neighborhood compatibility and city-wide VMT reduction goals, applicant shall
develop and implement a Car Free program to actively discourage car ownership, with special focus
on tenants who choose not to lease on-site parking. The program will be integrated with the Trip
Reduction Plan and will promote and support non-car transportation through education and possible
incentives.
STUDY SESSION ITEMS
9. STUDY SESSION ON SHARED BICYCLE SERVICES
By consensus, Council directed staff to receive and file the presentation regarding shared bicycle
services and provided the following direction:
Return to Council with a framework for a policy and request for proposals.
Would like to see a program model associated with getting funding for bike infrastructure.
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Action Update – City of San Luis Obispo City Council Meeting of October 1, 2019 Page 3
Hybrid (docking and dock less) component seems most useful.
Pilot program with checking in at the six months point is important.
Stakeholders – Cal Poly, Cuesta, Downtown SLO, Mass Transit, and hotels
Program that includes e-bike, analog bikes and bikes that are geared to a variety of user-
abilities (i.e., recumbent, bikes with baskets, and child seats.)
PUBLIC HEARING ITEMS AND BUSINESS ITEMS
10. 2018-19 ANNUAL REPORT OF THE TOURISM BUSINESS IMPROVEMENT DISTRICT
(TBID)
CARRIED 5-0 to receive and approve the TBID Board’s 2018-19 annual report and adopt Resolution
No. 11050 (2019 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo,
California, declaring its intention to continue the San Luis Obispo Tourism Business Improvement
District, to continue the basis for and to levy the assessment for the district, and to set a date for the
public hearing on the district and the assessment for 2019-20” at the same rate as in the fiscal year
2018-19.
11. CONSIDERATION OF THE PROPOSED RENEWAL OF THE SAN LUIS OBISPO
COUNTY TOURISM MARKETING DISTRICT (SLOCTMD)
CARRIED 5-0 to
a. Authorize the San Luis Obispo County Board of Supervisors to renew the SLOCTMD inclusive
of lodging properties within the City of San Luis Obispo to be funded by a 1.5% gross room rent
assessment for a term of ten years and based on support from properties representing over 50% of
taxable rents in the City of San Luis Obispo; and
b. Adopt Resolution No. 11051 (2019 Series) entitled, “A Resolution of the City Council of the City
of San Luis Obispo, California, granting consent to the County of San Luis Obispo to renew the
San Luis Obispo County Tourism Marketing District” within the City of San Luis Obispo, to be
funded by a 1.5% gross room rent assessment.
ADJOURNMENT
The meeting was adjourned at 11:08 p.m.
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RESOLUTION NO. 11050 (2019 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, DECLARING ITS INTENTION TO CONTINUE
THE SAN LUIS OBISPO TOURISM BUSINESS IMPROVEMENT
DISTRICT, TO CONTINUE THE BASIS FOR AND TO LEVY THE
ASSESSMENT FOR THE DISTRICT, AND TO SET A DATE FOR THE
PUBLIC HEARING ON THE DISTRICT AND THE ASSESSMENT FOR
2019-20
WHEREAS, the Parking and Business Improvement Law of 1989, sections 36500 et seq.
of the Streets and Highways Code, authorizes cities to establish business improvement districts for
several purposes, one of which is promotion of tourism; and
WHEREAS, the lodging businesses within the proposed City of San Luis Obispo Tourism
Business Improvement District had requested the City of San Luis Obispo establish such a self-
assessment improvement district in 2008; and
WHEREAS, the San Luis Obispo Tourism Business Improvement District was established
in July 2008 and incorporated into the Municipal Code under Chapter 12.42; and
WHEREAS, the assessment went into effect on October 1, 2008; and
WHEREAS, the City Council appointed an advisory board to provide oversight, guidance,
and recommendations regarding the use of the assessment funds; and
WHEREAS, the City Municipal Code and the Parking and Business Improvement Law
require the advisory board to prepare and submit an annual report stating proposed changes,
improvements and activities for the fiscal year; and
WHEREAS, an annual report was prepared pursuant to Section 36533 of the Streets and
Highway Code; and
WHEREAS, notices regarding the approval of the annual report were sent on September
20, 2019 to all assessed properties.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
a) That the Tourism Business Improvement District Annual Report for fiscal year 2018-
19 as filed by the advisory body is hereby approved.
b) The San Luis Obispo City Council proposes to continue the established Tourism
Business Improvement District in the City of San Luis Obispo in accordance with City
Municipal Code Chapter 12.42 and the California Streets and Highways Code, sections
36500 et seq. (Parking and Business Improvement Law of 1989).
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Resolution No. 11050 (2019 Series)
c) The assessment levied by the Tourism Business Improvement District shall be used to
promote lodging at the hotels within the district and administer a marketing program
that increases overnight hotel stays pursuant to the set goals.
d) The assessment will be levied and allocated by the City of San Luis Obispo.
e) The assessment is proposed to be levied on all "hotels", as that term is defined in San
Luis Obispo Municipal Code section 3.04.020, to wit: any structure, or any portion of
any structure, which is occupied or intended or designed for occupancy by transients
for dwelling, lodging or sleeping purposes, and includes any hotel, inn, tourist home or
house, motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment
house, dormitory, public or private club, mobile home or house trailer at a fixed
location, or other similar structure or portion thereof.
f) The assessment shall be based on two percent (2%) of gross room rent.
g) New hotels shall not be exempt from immediate assessment.
h) The public hearing, held pursuant to the City Municipal Code Chapter 12.42 and the
Parking and Business Improvement Law of 1989, section 36535 of the Streets and
Highways Code, is to allow for comments on the Tourism Business Improvement
District and proposed assessment, and is hereby set for 6 P.M., Tuesday, October 16,
2018, before the City Council of San Luis Obispo at the City Council Chambers at 990
Palm Street, San Luis Obispo, California.
i) At the public hearing, the testimony of all interested persons for or against the
continuation of the Tourism Business Improvement District, the boundaries of the
Tourism Business Improvement District, or the furnishing of specified types of
improvements or activities will be heard.
j) Any protest against the continuation ofthe Tourism Business Improvement District and
the levying of the assessment, or any aspect thereof, may be made in writing. Any
written protest shall contain a description of the business in which the person signing
the protest is not shown on the official records of the City of San Luis Obispo as the
owner of the business, then the protest shall contain or be accompanied by written
evidence that the person is the owner of the authorized representative of the business.
Any protest as to the regularity or evidence of the proceedings shall be in writing and
clearly state the irregularity or defect to the City of San Luis Obispo at 990 Palm Street,
San Luis Obispo, CA 93401. A protest may be withdrawn at any time before the
conclusion of the public hearing.
k) If, at the conclusion of the public hearing, there are of record, written protests by the
owners of businesses within the proposed Tourism Business Improvement District that
will pay fifty percent (50%) or more of the total assessments of the entire Tourism
Business Improvement District, no further proceedings to continue the Tourism
Business Improvement District shall occur. New proceedings to form the Tourism
Business Improvement District shall not be undertaken again for a period of at least one
1) year from the date of the finding. If the majority of written protests are only as to
an improvement or activity proposed, then that type of improvement or activity shall
not be included in the Tourism Improvement District.
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Item 11
Resolution No. 11050 (2019 Series)
BE IT FURTHER THEREFORE RESOLVED, the City Clerk is instructed to provide
notice as required by the City Municipal Code Chapter 12.42 and the Parking and Business
Improvement Law of 1989, section 36534, subpart (a)(7) of the Streets and Highways Code, to
wit: the City Clerk shall give notice of the public hearing by causing the resolution of intention to
be published once in a newspaper of general circulation in the City no less than seven days before
the public hearing.
Upon motion of Council Member Gomez, seconded by Council Member Christianson, and
on the following roll call vote:
AYES:
NOES:
ABSENT:
Council Members Christianson, Gomez, Stewart, Vice Mayor Pease and
Mayor Harmon
None
None
The foregoing resolution was adopted on October 1, 2019.
ATTEST:
1 2~0-'?tWu-.,~'
Teresa Purrington
City Clerk
ri tine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my han~d affixed the official seal of the City
of San Luis Obispo, California, this \) t\ day of CJ o\a fC , '.2...019, .
eresa Purrington
City Clerk
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