HomeMy WebLinkAboutR-11160 approving development of a six-story mixed-use building within the Downtown Historic District (1144 Chorro, ARCH-1687-2018)R 11160
RESOLUTION NO. 11160 (2020 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, APPROVING DEVELOPMENT OF A SIX-
STORY MIXED-USE BUILDING CONSISTING OF APPROXIMATELY
30,000 SQUARE FEET OF COMMERCIAL/OFFICE SPACE AND 50
RESIDENTIAL DWELLING UNITS, WITHIN THE DOWNTOWN
HISTORIC DISTRICT. THE PROJECT INCLUDES A REZONE TO
PROVIDE A PLANNED DEVELOPMENT OVERLAY, PERMANENT
PRESERVATION OF AN OFF-SITE BUILDING LOCATED AT 868 AND
870 MONTEREY STREET, A NEW DRIVEWAY ALONG MARSH
STREET, AND A REQUEST TO ALLOW A MAXIMUM BUILDING
HEIGHT OF 75 FEET, WHERE 50 FEET IS THE STANDARD IN THE
DOWNTOWN COMMERCIAL ZONE. THE PROJECT INCLUDES A
MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL
IMPACT AS REPRESENTED IN THE STAFF REPORT AND
ATTACHMENTS DATED JULY 8, 2020 (1144 CHORRO, 868 AND 870
MONTEREY, 876 AND 890 MARSH, 895, 898, 973 HIGUERA STREETS
ARCH-1687-2018, PDEV-0509-2019, & EID-0475-2019)
WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing
in the Council Chambers of City Hall, 990 Palm Street, San Luis Obispo, California, on September
17, 2019, initiating the project in consideration of the proposed Community Benefits and
Mandatory Project Features for the Planned Development Overlay, pursuant to a proceeding
instituted under ARCH-1687-2018, PDEV-0509-2019, & EID-0475-2019, Mark Rawson,
applicant; and
WHEREAS, the Architectural Review Commission of the City of San Luis Obispo
conducted a web based public hearing on June 1, 2020, recommending approval of the project with
direction to the Planning Commission for consistency with the Community Design Guidelines,
pursuant to a proceeding instituted under ARCH-1687-2018, PDEV-0509-2019, & EID-0475-
2019, Mark Rawson, applicant; and
WHEREAS, the Cultural Heritage Committee of the City of San Luis Obispo conducted
a web based public hearing on June 22, 2020, recommending approval of the project with direction
to the Planning Commission for consistency with the Historic Preservation Program Ordinance,
and the Historic Preservation Guidelines, pursuant to a proceeding instituted under ARCH-1687-
2018, PDEV-0509-2019, & EID-0475-2019, Mark Rawson, applicant; and
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a web
based public hearing on July 8, 2020, recommending approval of the project with direction to the
City Council for consistency with the Zoning Regulations and General Plan, pursuant to a
proceeding instituted under ARCH-1687-2018, PDEV-0509-2019, & EID-0475-2019, Mark
Rawson, applicant; and
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WHEREAS, the City Council of the City of San Luis Obispo conducted a web based
public hearing on August 18, 2020, pursuant to a proceeding instituted under ARCH-1687-2018,
PDEV-0509-2019, & EID-0475-2019, Mark Rawson, applicant; and
WHEREAS, the City Council of the City of San Luis Obispo has duly considered all
evidence, including the testimony of the applicant, interested parties, and evaluation and
recommendations by staff, presented at said hearing; and
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. Based upon all the evidence, the City Council makes the
following findings, hereby approving the project (ARCH-1687-2018, PDEV-0509-2019, & EID-
0475-2019):
1. As conditioned, the project will not be detrimental to the health, safety, and welfare of
persons living or working at the site or in the vicinity because the project respects site
constraints and will be compatible with the scale and character of the neighborhood.
2. The project is consistent with the Zoning Regulations, since the proposed building
design complies with all property development standards including height, setbacks,
coverage, floor area ratio, and parking for the Downtown-Commercial zone.
3. The project is consistent with the General Plan Land Use Element, because: the
proposed retail, office, and residential uses are consistent with uses intended for the
Downtown area (Land Use Element Policies 3.8.5, 4.1, and 4.2.1). As designed and
conditioned, the project is compatible with historically significant and other existing
buildings in the immediate neighborhood (Land Use Element Policies 4.16 and 4.20.4).
4. The project is consistent with General Plan Land Use Element Policy 2.3.1, because
the project is located within a half-mile of an existing transit stop, and is proximate to
bicycle routes, parks, open space, and commercial uses.
5. The project is consistent with the General Plan Housing Element because the project
provides a variety of residential types, sizes, and style of dwellings (Housing Element
Goal 5), and encourages the development of housing above ground-level commercial
uses (Housing Element 5.3).
6. The project is consistent with the General Plan Conservation and Open Space Element
Policy 4.4.3 because the project promotes higher-density, compact housing to achieve
more efficient use of public facilities and services and to improve the City’s
jobs/housing balance.
7. The project is consistent with Land Use Element Policy 2.3.6 (Housing and Businesses)
and 3.8.5 (Mixed Uses) because the project provides residential dwellings within a
commercial district near neighborhood commercial centers, major activity nodes, and
transit opportunities. Housing at this location is and can be compatible with the
proposed and existing commercial uses on-site and on adjacent properties.
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8. The project is consistent with the Zoning Regulations for Mixed-use Projects (Section
17.70.130) because the proposed building design complies with objective design
criteria and performance standards for mixed-use development by orienting the
building and residential and nonresidential entries toward the street with sufficient
articulation along the street frontage.
Architectural Review Findings
9. As conditioned, the project design is consistent with the City’s Community Design
Guidelines because the architectural design of the project is compatible with the design
and scale of existing structures in the surrounding neighborhood, the project
incorporates articulation to minimize massing, visual linkages are provided through
building orientation, the proposed design demonstrates use of articulated facades by
incorporating textured materials, balconies and decks, and a variety of siding materials
(brick and stucco) is proposed to provide texture, relief, and visual interest consistent
with the Downtown Design Guidelines and visual character of the neighborhood.
10. The proposed height, mass and scale of the project will not negatively alter the overall
character of the neighborhood or the streets’ appearance because the development is
designed in a manner that does not deprive reasonable solar access to public sidewalks
by stepping back upper levels away from the street frontage. The project incorporates
vertical and horizontal wall plan offsets providing a high-quality and aesthetically
pleasing architectural design.
New Driveway Findings
11. The proposed driveway approach will not harm the general health, safety, and welfare
of people living or working in the vicinity of the project site because the number of
vehicles expected to use the driveway is limited to seven parking spaces and there are
no other alternatives, such as service alleys, to provide vehicle access to the site.
Community Benefits Policy Objective Findings
12. As conditioned, the proposed maximum height of 75 feet is appropriate because the
project provides more than 10 percent of the residential units as affordable housing for
moderate-income households (25 percent; 13 units), and the project utilizes a
residential density greater than 36 units per acre (70 units per acre) where the average
floor area of the units is less than 1,000 square feet (423 square feet).
13. As conditioned, the project provides open space in the form of a significant public plaza
by entering into a public access easement and private maintenance agreement for the
existing Downtown Centre, to continue to be open to the public without charge.
14. As conditioned, the project provides for the permanent mode shift towards alternative
transportation for building occupants through a Transportation Demand Management
Program that achieves modal split objectives of General Plan Circulation Element
Policy 1.7.1 (Encourage Better Transportation Habits).
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Floor Area Ratio Exception Findings
15. As conditioned, the project provides for the permanent preservation of the Muzio
Building at 868 and 870 Monterey Street as a listed historic resource within the
Downtown Historic District, through the recordation of a historic preservation
agreement.
SECTION 2. Effective Date. This resolution shall take effect (30) days after the final
adoption of the Ordinance associated with the rezoning of the subject property from C-D-H to C-
D-H-PD (PDEV-0509-2019).
SECTION 3. Environmental Review. An Initial Study/Mitigated Negative Declaration
(IS/MND) has been prepared in accordance with the California Environmental Quality Act
(CEQA) to evaluate the potential environmental effects of the proposed project. The City Council
hereby adopts the IS/MND, based on incorporation of the following mitigation measures, which
will reduce potential environmental impacts to less than significant.
Air Quality
AQ-1 During all construction activities and use of diesel vehicles, the applicant shall implement
the following idling control techniques:
1. Idling Restrictions Near Sensitive Receptors for Both On- and Off-Road Equipment.
a. Staging and queuing areas shall not be located within 1,000 feet of sensitive
receptors if feasible; and
b. Diesel idling within 1,000 feet of sensitive receptors shall not be permitted; and
c. Use of alternative fueled equipment shall be used whenever possible; and
d. Signs that specify the no idling requirements shall be posted and enforced at the
construction site.
2. California Diesel Idling Regulations. On-road diesel vehicles shall comply with Section
2485 of Title 13 of the California Code of Regulations. This regulation limits idling
from diesel-fueled commercial motor vehicles with gross vehicular weight ratings of
more than 10,000 pounds and licensed for operation on highways. It applies to
California and non-California based vehicles. In general, the regulation specifies that
drivers of said vehicles:
a. Shall not idle the vehicle’s primary diesel engine for greater than 5 minutes at any
location, except as noted in Subsection (d) of the regulation; and,
b. Shall not operate a diesel-fueled auxiliary power system (APS) to power a heater,
air conditioner, or any ancillary equipment on that vehicle during sleeping or resting
in a sleeper berth for greater than 5.0 minutes at any location when within 1,000 feet
of a restricted area, except as noted in Subsection (d) of the regulation.
Signs must be posted in the designated queuing areas and job sites to remind drivers of the
5-minute idling limit. The specific requirements and exceptions in the regulation can be
reviewed at the following website: www.arb.ca.gov/msprog/truck- idling/2485.pdf.
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AQ-2 During all construction and ground-disturbing activities, the applicant shall implement the
following particulate matter control measures and detail each measure on the project grading
and building plans:
a. Reduce the amount of disturbed area where possible.
b. Use water trucks or sprinkler systems in sufficient quantities to prevent airborne dust
from leaving the site and from exceeding APCD’s limit of 20% opacity for no greater
than 3 minutes in any 60-minute period. Increased watering frequency shall be required
whenever wind speeds exceed 15 miles per hour (mph) and cessation of grading
activities during periods of winds over 25 mph. Reclaimed (non-potable) water is to be
used in all construction and dust-control work.
c. All dirt stockpile areas (if any) shall be sprayed daily and covered with tarps or other
dust barriers as needed.
d. Permanent dust control measures identified in the approved project revegetation and
landscape plans shall be implemented as soon as possible, following completion of any
soil disturbing activities.
e. Exposed grounds that are planned to be reworked at dates greater than one month after
initial grading shall be sown with a fast germinating, non-invasive, grass seed and
watered until vegetation is established.
f. All disturbed soil areas not subject to revegetation shall be stabilized using approved
chemical binders, jute netting, or other methods approved in advance by the APCD.
g. All roadways, driveways, sidewalks, etc. to be paved shall be completed as soon as
possible. In addition, building pads shall be laid as soon as possible after grading unless
seeding or soil binders or soil binders are used.
h. Vehicle speed for all construction vehicles shall not exceed 15 m.p.h. on any unpaved
surface at the construction site.
i. All trucks hauling dirt, sand, soil, or other loose materials, are to be covered or shall
maintain at least two feet of freeboard (minimum vertical distance between top of load
and top of trailer) in accordance with California Vehicle Code Section 23114.
j. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash
off trucks and equipment leaving the site. Sweep streets at the end of each day if visible
soil material is carried onto adjacent paved roads.
k. Water sweepers shall be used with reclaimed water where feasible. Roads shall be pre-
wetted prior to sweeping when feasible.
l. All PM10 mitigation measures required shall be shown on grading and building plans.
m. The contractor or builder shall designate a person or persons to monitor the fugitive dust
emissions and enhance the implementation of the measures as necessary to minimize
dust complaints, reduce visible emissions below the APCD’s limit of 20% opacity for
no greater than 3 minutes in any 60 minute period. Their duties shall include holidays
and weekend periods when work may not be in progress. The name and telephone
number of such persons shall be provided to the APCD Compliance Division prior to
the start of any grading, earthwork or demolition.
AQ-3 Prior to initiation of demolition/construction activities, the applicant shall retain a
registered geologist to conduct a geologic evaluation of the property including sampling
and testing for naturally occurring asbestos in full compliance with California Air
Resources Board Air Toxics Control Measure (ATCM) for Construction, Grading,
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Quarrying, and Surface Mining Operations (93105) and SLOAPCD requir ements. This
geologic evaluation shall be submitted to the City Community Development Department
upon completion. If the geologic evaluation determines that the project would not have the
potential to disturb asbestos containing materials (ACM), the applicant must file an
Asbestos ATCM exemption request with the SLOAPCD.
AQ-4 If asbestos containing materials (ACM) are determined to be present onsite, proposed
earthwork, demolition, and construction activities shall be conducted in full compliance
with the various regulatory jurisdictions regarding ACM, including the ARB Asbestos Air
Toxics Control Measure (ATCM) for Construction, Grading, Quarrying, and Surface
Mining Operations (93105) and requirements stipulated in the National Emission
Standards for Hazardous Air Pollutants (40 CFR 61, Subpart M – Asbestos; NESHAP).
These requirements include, but are not limited to, the following:
1. Written notification, within at least 10 business days of activities commencing, to the
SLOAPCD;
2. Preparation of an asbestos survey conducted by a Certified Asbestos Consultant; and,
3. Implementation of applicable removal and disposal protocol and requirements for
identified ACM.
AQ-5 Prior to initiation of demolition/construction activities, the applicant shall implement the
following measures to reduce the risk associated with disturbance of ACM and lead-coated
materials that may be present within the existing structure onsite:
a. Demolition of the on-site structure shall comply with the procedures required by the
National Emission Standards for Hazardous Air Pollutants (40 CFR 61, Subpart M –
Asbestos) for the control of asbestos emissions during demolition activities. SLOAPCD
is the delegated authority by the U.S. EPA to implement the Federal Asbestos NESHAP.
Prior to demolition of on-site structures, SLOAPCD shall be notified, per NESHAP
requirements. The project applicant shall submit proof that SLOAPCD has been notified
prior to demolition activities to the City Community Development Department.
b. If during the demolition of the existing structure, paint is separated from the construction
materials (e.g., chemically or physically), the paint waste shall be evaluated
independently from the building material by a qualified hazardous materials inspector
to determine its proper management. All hazardous materials shall be handled and
disposed of in accordance with local, state, and federal regulations. According to the
Department of Toxic Substances Control (DTSC), if the paint is not removed from the
building material during demolition (and is not chipping or peeling), the material can be
disposed of as non-hazardous construction debris. The landfill operator shall be
contacted prior to disposal of lead-based paint materials. If required, all lead work plans
shall be submitted to SLOAPCD at least 10 days prior to the start of demolition. The
applicant shall submit proof that paint waste has been evaluated by a qualified hazardous
waste materials inspector and handled according to their recommendation to the City
Community Development Department.
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Monitoring Program: Measures AQ-1 and AQ-2 shall be incorporated into project grading and
building plans for review and approval by the City Community Development Department.
Compliance shall be verified by the City during regular inspections, in coordination with the
County of San Luis Obispo Air Pollution Control District, as necessary. The applicant shall submit
the geologic evaluation detailed in measure AQ-3 to the City Community Development
Department upon completion. The applicant shall submit proof of written notification to
SLOAPCD as described in measures AQ-4 and AQ-5 to the City Community Development
Department.
Biological Resources
BIO-1 Site preparation, ground-disturbing, and construction activities should be conducted
outside of the migratory bird breeding season when feasible. If such activities are required
during this period, a qualified biologist shall conduct a nesting bird survey and verify that
migratory birds are not nesting in the impact zone. If nesting activity is detected, the
following measures shall be implemented:
a. The project shall be modified via the use of protective buffers, delaying construction
activities, or other methods designated by the qualified biologist to avoid direct take of
identified nests, eggs, and/or young protected under the MBTA and/or California Fish
and Game Code;
b. The Environmental Monitor shall document all active nests and submit a letter report
to City Planning staff and the City’s Sustainability Officer documenting project
compliance with the MBTA, California Fish and Game Code, and applicable project
mitigation measures.
Monitoring Program: Compliance with mitigation measures will be reviewed with plans as part
of the improvement plans and construction drawings. Compliance will be verified by the Natural
Resources Manager in consultation with the Community Development Director, who shall confirm
the conclusion and recommendations of the preconstruction nesting bird surveys and provide site
inspections as necessary to ensure implementation.
Cultural Resources
CR-1 Prior to construction activities, a qualified archaeologist shall conduct cultural resource
awareness training for all construction personnel including the following:
a. Review the types of archaeological artifacts that may be uncovered; and
b. Provide examples of common archaeological artifacts to examine; and
c. Review what makes an archaeological resource significant to archaeologists and local
native Americans; and
d. Describe procedures for notifying involved or interested parties in case of a new
discovery; and
e. Describe reporting requirements and responsibilities of construction personnel; and
f. Review procedures that shall be used to record, evaluate, and mitigate new discoveries;
and
g. Describe procedures that would be followed in the case of discovery of disturbed as
well as intact human burials and burial-associated artifacts.
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CR-2 A qualified archaeologist monitor shall be present during all project related construction
activities that result in disturbance of native soil that may contain archaeological resources.
CR-3 In the event that historical or archaeological remains are discovered during earth disturbing
activities associated with the project, an immediate halt work order shall be issued and the
Community Development Director shall be notified. A qualified archaeologist shall
conduct an assessment of the resources and formulate proper mitigation measures, if
necessary. After the find has been appropriately mitigated, work in the area may resume.
A Chumash representative shall monitor any mitigation excavation associated with Native
American materials. The conditions for treatment of discoveries shall be printed on all
building and grading plans. The City shall review and approve the selected archaeologist,
if needed, to ensure they meet appropriate professional qualification standards, consistent
with the Archaeological Resource Preservation Program Guidelines.
CR-4 In the event that human remains are exposed during earth disturbing activities associated
with the project, an immediate halt work order shall be issued, and the Community
Development Director shall be notified. State Health and Safety Code Section 7050.5
requires that no further disturbance of the site or any nearby area r easonably suspected to
overlie adjacent human remains shall occur until the County Coroner has made the
necessary findings as to origin and disposition pursuant to Public Resources Code Section
5097.98. If the remains are determined to be of Native American descent, the coroner shall
notify the Native American Heritage Commission within 24 hours.
Monitoring Program: These conditions shall be noted on all grading and construction plans. The
City shall review and approve the selected archaeologist monitor, to ensure they meet appropriate
professional qualification standards, consistent with the Archaeological Resource Preservation
Program Guidelines.
Noise
N-1 For the entire duration of the construction phase of the project, the following Best
Management Practices (BMPs) shall be adhered to:
1. Stationary construction equipment that generates noise that exceeds 60 dBA at the
project boundaries shall be shielded with the most modern noise control devises (i.e.
mufflers, lagging, and/or motor enclosures).
2. Impact tools (e.g., jack hammers, pavement breakers, rock drills, etc.) used for project
construction shall be hydraulically or electrically powered wherever possible to avoid
noise associated with compressed-air exhaust from pneumatically powered tools.
3. Where use of pneumatic tools is unavoidable, an exhaust muffler on the compressed-
air exhaust shall be used.
4. All construction equipment shall have the manufacturers’ recommended noise
abatement methods installed, such as mufflers, engine enclosures, and engine vibration
insulators, intact and operational.
5. All construction equipment shall undergo inspection at periodic intervals to ensure
proper maintenance and presence of noise control devices (e.g., mufflers, shrouding,
etc.).
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N-2 Construction plans shall note construction hours, truck routes, and all construction noise
Best Management Practices (BMPs) and shall be reviewed and approved by the City
Community Development Department prior to issuance of grading/building permits.
The City shall provide and post signs stating these restrictions at construction entry sites
prior to commencement of construction and maintained throughout the construction phase
of the project. All construction workers shall be briefed at a pre-construction meeting on
construction hour limitations and how, why, and where BMP measures are to be
implemented.
N-3 Construction activities shall be conducted so that the maximum noise levels at affected
properties will not exceed 80 dBA for multi-family residential and 85 dBA for mixed
residential/commercial uses, restaurants, and meeting places.
N-4 For all construction activity at the project site, additional noise attenuation techniques shall
be employed as needed to ensure that noise levels are maintained within levels allowed by
the City of San Luis Obispo Municipal Code, Title 9, Chapter 9.12 (Noise Control). Such
techniques shall include, but are not limited to:
• Sound blankets shall be used on noise-generating equipment.
• Stationary construction equipment that generates noise levels above 65 dBA at the
project boundaries shall be shielded with a barrier that meets a sound transmission class
(a rating of how well noise barriers attenuate sound) of 25.
• All diesel equipment shall be operated with closed engine doors and shall be equipped
with factory-recommended mufflers.
• The movement of construction-related vehicles, with the exception of passenger
vehicles, along roadways adjacent to sensitive receptors shall be limited to the hours
between 7:00 A.M. and 7:00 P.M., Monday through Saturday. No movement of heavy
equipment shall occur on Sundays or official holidays (e.g., Thanksgiving, Labor Day).
• Temporary sound barriers shall be constructed between construction sites and affected
uses.
N-5 The project contractor shall inform residents and business operators at properties within
300 feet of the project of proposed construction timelines and noise compliant procedures
to minimize potential annoyance related to construction noise. Signs shall be in place prior
to and throughout grading and construction activities informing the public that noise-
related complaints shall be directed to the construction manager prior to the City’s
Community Development Department.
N-6 All noise-generating rooftop building equipment, such as air conditioners and kitchen
ventilation systems, shall be installed away from existing noise-sensitive receptors (i.e.,
residences) or be placed behind adequate noise barriers.
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Monitoring Program: These measures shall be incorporated into project grading and building
plans for review and approval by the City Community Development Department. Compliance shall
be verified by the City during regular inspections.
Transportation
TR-1 Construction Management Plan. Prior to the issuance of each building permit, the
construction contractor shall meet with the Public Works department to determine traffic
management strategies to reduce, to the maximum extent feasible, traffic congestion and
the effects of parking demand by construction workers during construction of this project.
The construction contractor will develop a construction management plan for review and
approval by the Public Works department. The plan shall include at least the following
items and requirements:
• A set of comprehensive traffic control measures, including scheduling of major truck
trips and deliveries to avoid peak traffic and pedestrian hours, detour signs if required,
lane closure procedures, sidewalk closure procedures, signs, cones for drivers, and
designated construction access routes.
• Notification procedures for adjacent property owners and public safety personnel
regarding when major deliveries, detours, and lane closures will occur.
• Location of construction staging areas for materials, equipment, and vehicles.
• Identification of haul routes for movement of construction vehicles that would
minimize impacts on vehicular and pedestrian traffic, circulation and safety; and
provision for monitoring surface streets used for haul routes so that any damage and
debris attributable to the haul trucks can be identified and corrected by the project
applicant.
• Temporary construction fences to contain debris and material and to secure the site.
• Provisions for removal of trash generated by project construction activity.
• A process for responding to and tracking complaints pertaining to construction activity.
• Provisions for monitoring surface streets used for truck routes so that any damage and
debris attributable to the trucks can be identified and corrected.
• It is anticipated that this Construction Traffic Management Plan would be developed
in the context of the City Municipal Code Construction and Fire Prevention
Regulations and the City of San Luis Obispo 2013 Construction & Fire Codes, which
address other issues such as hours of construction onsite, limitations on noise and dust
emissions, and other applicable items.
Monitoring Program: Prior to building permit issuance the Construction Management Plan shall
be submitted to the City Community Development Department and Public Works Department for
review.
SECTION 4. Action. The project conditions of approval do not include mandatory code
requirements. Code compliance will be verified during the plan check process, which may include
additional requirements applicable to the project. The City Council hereby approves the project
with incorporation of the following conditions:
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Planning Division
1. Final project design and construction drawings submitted for a building permit shall be in
substantial compliance with the project plans approved by the City Council (ARCH-1687-
2018, PDEV-0509-2019, & EID-0475-2019). A separate, full-size sheet shall be included in
working drawings submitted for a building permit that lists all mitigation measures,
conditions and code requirements of project approval listed as sheet number 2. Reference
shall be made in the margin of listed items as to where in plans requirements are addressed.
Any change to approved design, colors, materials, landscaping, or other conditions of
approval must be approved by the Director or Architectural Review Commission, as deemed
appropriate.
2. The project shall demonstrate compliance with all mitigation measures and conditions,
applicable to the project site, established under the Planned Development Overlay Ordinance
and associated Mitigated Negative Declaration (PDEV-0509-2019, EID-0475-2019).
3. Plans submitted for a building permit shall call out the colors and materials of all proposed
building surfaces and other improvements, which shall be in substantial conformance with
the exterior elevations approved by the City Council. The applicant shall note the use of
smooth finish stucco on the building plans and all other details of the exterior materials,
including final colors and textures, shall be reviewed and approved by the Community
Development Director.
4. Plans submitted for a building permit shall incorporate the design considerations as described
at the ARC hearing on June 1, 2020, the final designs of the proposed project shall be
modified to incorporate the following items, subject to the satisfaction of the Community
Development Director:
• The columns and cornice along the 45-degree corner element shall be modified to provide
more refined detailing that draws in attention.
• The residential gate feature shall be redesigned to be congruous with the surroundings,
consider pattern that is of a finer grain.
• The landscaping planters along the upper level terrace shall be scaled down in keeping
with the character of downtown.
• The cornice along the third floor shall be modified to provide greater detailing that
presents greater prominence.
• The design shall include greater detailing and refinement of brick detailed elements.
• The design of the bulkheads and spandrels shall consider a more contrasting color or tone.
• The storefront and street level details shall be of a high-quality design consistent with the
intent of the Community Design Guidelines for Downtown Design.
5. Plans submitted for a building permit shall include recessed window details and all other
details including but not limited to awnings, and railings. Plans shall indicate 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 all design
features that reflect the architectural style of the project and are compatible with the
neighborhood character, to the approval of the Community Development Director.
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6. Prior to building permit issuance, the applicant shall submit an application and receive
approval for the installation of public art as part of the project rather than paying the in-lieu
fee (Municipal Code §17.32.030.E.5.b.(2).(g)), or prior to occupancy of the building subject
to the approval of the Community Development Director. Public art shall be installed prior to
occupancy of the building.
7. Prior to building permit issuance, the applicant shall pay Parking In-lieu fees and record a
Parking In-lieu Fee Agreement, or prior to occupancy of the building subject to the approval
of the Community Development Director. Preliminary estimates indicate that the project will
be subject to in-lieu fees for 39 parking spaces for new construction.
8. Prior to the issuance of a building permit, the applicant shall provide a Transportation
Demand Management 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
Transportation Demand Management Plan to the satisfaction of the Community Development
Director and the Transportation Division. The Transportation Demand Management Plan
shall include clearly defined, measurable, and verifiable performance measures, and identify
how they will be monitored/measured by the City Transportation Division.
9. Prior to issuance of a building permit, the applicant shall record an Offer to Dedicate
Pedestrian Easement covenant for the irrevocable and perpetual access for the general public
to use and access the Downtown Centre as a public plaza. The covenant shall identify the
responsibilities for private maintenance and public access of the Downtown Centre, subject
to the satisfaction of the Community Development Director.
10. Prior to issuance of a building permit, the applicant shall record a historic preservation
agreement that provides for the permanent preservation of the Muzio Building at 868 and 870
Monterey Street as a listed historic resource within the Downtown Historic District, subject
to the satisfaction of the Community Development Director.
11. The locations of all lighting, including bollard style landscaping or path lighting, shall be
included in plans submitted for a building permit. All wall-mounted lighting fixtures shall be
clearly called out on building elevations included as part of working drawings. All wall -
mounted lighting shall complement building architecture. The lighting schedule for the
building shall include a graphic representation of the proposed lighting fixtures and cut-sheets
on the submitted building plans. The selected fixture(s) shall be shielded to ensure that light
is directed downward consistent with the requirements of the City’s Night Sky Preservation
standards contained in §17.70.100 of the Zoning Regulations.
12. Mechanical and electrical equipment shall be located internally to the building or shall be
fully screened. 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
Resolution No. 11160 (2020 Series) Page 13
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13. The storage area for trash and recycling cans shall be screened from the public right -of-way.
The subject property shall be maintained in a clean and orderly manner at all times, free of
excessive leaves, branches, and other landscape material. The applicant shall be responsible
for the clean-up of any landscape material in the public right-of-way.
14. 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.
15. 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.
16. The design of the proposed structure shall incorporate site planning measures and noise
attenuating construction techniques that reduce noise exposure to acceptable levels. Exposure
in outdoor activity areas must not exceed 65 dB and indoor exposure must not exceed 45 dB
consistent with the City’s Noise Ordinance. Plans submitted for construction permits must
clearly indicate and describe noise attenuation measures, techniques, and materials, and
demonstrates their compliance with noise levels limits.
17. Prior to building occupancy, the owner of the property shall provide a Residential Noise
Notice in writing for residential occupants stating that the property is located within a
commercial zone in an urban-type environment and that noise levels may be higher than a
strictly residential area.
18. Prior to demolition of the existing structure, the plaques commemorating the Riley’s
Department Store employees shall be retained and incorporated into the fi nal project design,
subject to the satisfaction of the Community Development Director.
19. Demolition of the existing building shall not commence until a permit has been issued by the
building official. The applicant shall comply with §15.04 Construction and Fire Prevention
Regulations, Appendix Chapter A2 Demolition and Moving of Buildings, including but not
limited to, the following: 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.
Resolution No. 11160 (2020 Series) Page 14
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20. Any new proposed signage shall be reviewed by the Community Development Department
to ensure appropriateness for the site and compliance with the Sign Regulations. Signage shall
coordinate with building architecture and the type of land use. The Community Development
Director may refer signage to the Architectural Review Commission if it seems excessive or
out of character with the project.
Affordable Housing – Community Development
21. Prior to issuance of building permits, the city and the project owners shall enter into an
Affordable Housing Agreement, to be recorded in the office of the county recorder. The
agreement shall specify mechanisms or procedures to assure the continued affordability and
availability of the moderate income households resulting in 25 percent of all proposed units
as affordable (13 units) consistent with the provisions and requirements under the Zoning
Regulations (§17.138), to the satisfaction of the Community Development Director.
Engineering Division – Public Works/Community Development
22. The building plan submittal shall include a complete plan of the existing and proposed surface
and utility improvements within the public right-of-way. The plan shall include an inventory
of all existing improvements including signs, utility meters, curb painting, striping, and
parking meters. The plan shall include an inventory and proposed disposition for all furniture
and public improvements to be replaced, retained, reinstalled, or disposed.
23. Plans submitted for a building permit shall identify the final parking space delineations,
signage, striping, limits of red curb, and metered spaces on the plans and shall be approved
by the Public Works Department.
24. The building plans shall show all existing survey monumentation and shall clarify to protect
in place or to be replaced. The existing United States Geological Survey (USGS) monument
per City Benchmark System point 8 shall be retained unless otherwise approved for
replacement.
25. Projects involving the substantial remodel of existing structures requires that complete
frontage improvements be installed or that existing improvements be upgraded per City
Standard (§12.16.050), subject to the satisfaction of the Public Works Director.
26. This property is located in the Mission Style Sidewalk District. All sections of new, altered,
or replaced curb, gutter, sidewalk, curb ramps, or driveway approaches shall be constructed
in the Mission Style per City Engineering Standards. Because of the extent of required
demolitions, new utilities, and existing damaged or displaced curb, gutter, and sidewalk, the
entire Chorro and Marsh street frontages shall be upgraded to replace the standard concrete
with new curb, gutter, and sidewalk.
27. Existing and new meter vaults and tree wells shall be upgraded per City Engineering
Standards and reflected on the building plan submittal. The existing trees shall include new
tree well frames and grates if the root structure will accommodate a grate. Any alternate tree
well design for the existing trees to remain shall be approved to the satisfaction of the Public
Works Department.
Resolution No. 11160 (2020 Series) Page 15
R 11160
28. The project public improvements shall include the installation of new Pedestrian Level
Streetlights along the Chorro and Marsh street frontages per City Engineering Standards and
the approved streetlight layout plan. The final streetlight locations and spacing shall consider
the existing streetlight locations, the location of existing infrastructure, the trees to remain,
and proposed trees. The number and location of streetlights shall be approved by the Public
Works Department.
29. The building plan submittal shall show all existing and proposed work withi n the public right-
of-way. The building plan submittal shall show and note the required floor level at all new
doorways/landings per American with Disabilities Act (ADA) and California Building Code
requirements. The plans shall include a detailed topographic survey to show the finish floor
elevations and adjoining sidewalk elevations. The City may support the potential use of the
public sidewalk to help provide the required level landings by varying the curb heights along
the respective street frontages, subject to the satisfaction of the Public Works Director. The
plan shall include details of the existing sidewalk transition from the 8” curb along Chorro
starting near 1122 Chorro.
30. The building plan submittal shall clearly show and note any replacement waterproofing or
construction required along the new secondary access/egress walkway to Chorro along the
interface with the Wineman Building/1122 Chorro. Modifications to the adjoining building
may require a separate permit.
31. The building plan submittal shall include a complete site utility plan. All existing and proposed
utilities along with utility company meters shall be shown. Existing underground services shall
be shown along with any proposed alterations or upgrades. All work in the public right-of-way
shall be shown or noted. The final details of the private stormdrain connection to the public
system shall be approved by the Public Works Department. A separate inspection port or
cleanout may be required to differentiate between the public and private systems.
32. A separate encroachment agreement may be required for any private improvements that are
approved for location within the public right-of-way.
33. The applicant shall verify that the existing roof drainage systems, basement drains, or sump s
are not connected to the sanitary sewer system to the satisfaction of the Utilities Department.
Any existing inflow or infiltration shall be corrected with proper permits upon discovery.
34. The building plan submittal shall show all required short-term and long-term bicycle parking
(§17.72.070, Table 3-6), and in accordance with standards contained in the 2013 Bicycle
Transportation Plan, 2010 Community Design Guidelines, and any project-specific conditions
to the satisfaction of the Community Development Department. Include details and detail
references on the plans for the proposed bicycle parking facilities and/or racks. The building
plans shall provide a detailed site plan of any racks. Show all dimensions and clearances to
obstructions per City Standard. The project summary shall include the required and proposed
bicycle parking accordingly:
• Short-term bicycle racks such as “Peak Racks” shall be installed in close proximity to, and
visible from, the main entry into the building (inverted “U” rack designs shall not be
permitted). Dimension the minimum clearances between racks shall be per City
standards/adopted guidelines.
Resolution No. 11160 (2020 Series) Page 16
R 11160
• Long-term bicycle parking may consist of lockers installed either within or outside the
building. As an alternative, a lockable room within the building(s) labeled and reserved
for bicycle storage may substitute for bicycle lockers. Provide details and specs for bicycle
lockers to the satisfaction of the Planning Division.
Short-term and long-term bicycle parking areas shall accommodate bicycle parking storage
space for cargo style bicycles, the bicycle storage room or other long-term bicycle storage shall
provide electric vehicle charging equipment.
35. Provisions for trash, recycle, and food waste containment, screening, and collection shall be
approved to the satisfaction of the City and San Luis Obispo Garbage Company. The respective
refuse storage area and on-site conveyance shall consider convenience, aesthetics, safety, and
functionality. Ownership boundaries and/or easements shall be considered in the final design.
Any common storage areas shall be maintained by a Property Owner’s Association or other
property maintenance agreement. The applicant shall provide a copy of any existing, amended,
or new agreement regarding solid waste management within the off-site alley/containment area.
36. This property is located within a designated flood zone as shown on the Flood Insurance Rate
Map (FIRM) for the City of San Luis Obispo. As such, any new or substantially - remodeled
structures and all new building service equipment shall comply with all Federal Emergency
Management Agency (FEMA) requirements and the City’s Floodplain Management
Regulations (§17.78).
37. This property is located in an AO (two-foot depth) Flood Zone; the water surface or base flood
elevation (BFE) of a 100-year storm is two feet above adjacent grade. The structure must be
flood proofed to an elevation that is at least one foot above the BFE or three feet above the
highest adjacent grade. Additional freeboard to two feet above the BFE may result in additional
structure protection and savings on flood insurance and is strongly encouraged.
38. The building plan submittal shall show all proposed floodproofing, floodgate storage areas,
utility protections, etc. The building plan submittal shall include a reduced floor plan showing
and noting the location and type of floodgates and the labeled floodgate storage area/room. The
plan will be forwarded to the Fire Department for inclusion in their records for recurring fire
inspections.
39. All conduits and penetrations into the building shall be sealed against the intrusion of
floodwater. A backwater valve shall be provided on the sanitary sewer to protect from backflow
of a surcharged public sewer. Floors or fixtures not requiring protection shall bypass the valve
in accordance with the California Plumbing Code. The backwater valve shall be located outside
of the public right-of-way.
40. FEMA Elevation and Floodproofing certificates shall be provided at the completion of
construction.
41. Improvements located within the public right-of-way or easement areas shall be shown on the
building plan submittal for reference. A separate encroachment permit will be required from
the Public Works Department for any work or construction staging located within the public
right-of-way or public easement areas.
Resolution No. 11160 (2020 Series) Page 17
R 11160
42. A construction staging and management plan shall be provided to the City and approved prior
to demolition, new construction, and encroachment permit issuance. The plan shall be in
accordance with ADA, City Engineering Standards, established guidelines, policies, and
specifications. The plan shall be approved to the satisfaction of the Public Works and
Community Development departments. The plan may be provided for each phase of
construction and shall include any proposed sidewalk, parking lane, or traffic lane closures.
Unless otherwise approved by the City, sidewalks shall remain open to through pedestrian
traffic with diversions or pedestrian protection structures.
43. The applicant, developer, or contractor of record shall provide a list of businesses that could
be affected by traffic or construction impacts to the City for acceptance. The list shall include
the City and the Downtown Association. Notices shall be provided to the listed contacts about
construction impacts, phasing, and project timing prior to commencing with any demolitions
or construction.
44. The building plan submittal and supporting documentation shall show and note compliance
with the Post Construction Stormwater Regulations as promulgated by the Regional Water
Control Board per Resolution 2013-0032 and any updates to the stormwater codes and
standards in effect at the time of development. Stormwater Control Measures (SCM’s) shall
not be located within the public rights-of-way unless specifically approved by the City
Engineer. The drainage report and Stormwater Control Plan shall clarify whether this project
meets the minimum Urban Sustainability Area requirements for the Downtown Commercial
area.
45. The stormwater control plan and analysis shall include the limits of altered or replaced public
sidewalk. The report and plans shall show and note compliance with all applicable
Performance Requirements. The stormwater control measure for Performance Requ irement
2 shall include Measure 1: Harvesting, infiltration, and/or evapotranspiration before
defaulting to Measure 2 or 3.
46. The building plan submittal shall include four new 36-inch box or larger street trees with tree
wells, grates and guards to the approval of the City Arborist and in accordance with City
Engineering Standards. Tree species shall incorporate deciduous trees along Marsh Street to
increase diversity (i.e. Red Oak or Ginkgo trees) and sizes and all associated planting
requirements shall be per City Engineering Standards, and shall incorporate the use of
structural soils, subject to the approval of the City Arborist and Community Development
Director, as appropriate.
47. The City supports the proposed tree removals with the compensatory tree planting as shown
on the proposed development plans. Unless otherwise waived by the Public Works
Department, the new trees shall be irrigated by the on-site water service piping and irrigation
controllers.
48. The applicant may consider festoon tree lighting improvements for the existing or proposed
new trees. If proposed, the lighting systems and attachments shall be in accordance with City
Standards, policies, and guidelines consistent with the existing Downtown tree lighting
program.
Resolution No. 11160 (2020 Series) Page 18
R 11160
49. Tree protection measures shall be implemented to the satisfaction of the City Arborist. The
City Arborist shall review and approve the proposed tree protection measures prior to
commencing with any demolition, grading, or construction. The City Arborist shall approve
any safety pruning, the cutting of substantial roots, or grading within the dripline of trees. A
City-approved arborist shall complete safety pruning. Any required tree protection measures
shall be shown or noted on the building plans.
Building Division – Community Development
50. Construction plans submitted for Building permits shall be designed in accordance with the
applicable codes in effect at time of submittal. Review of the general information provided
for entitlement is cursory and does not guarantee code compliance for a future construction
submittal.
Utilities Department
51. 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 alig nments
needed for maintenance of public infrastructure along public roads.
52. Per Section 7 of the City’s Engineering Design Standards, the applicant shall provide a
comparison of the existing and proposed sewer generations prior to building permit issuance.
53. The project plumbing calculations shall be used to size the sewer lateral and included in the
design narrative and utility plan, prior to building permit issuance.
54. Plans submitted for a building permit shall demonstrate how the project will connect their
sewer lateral to the existing six-inch VCP sewer main along Chorro Street, to the west of the
project site, with 4” or 6” diameter laterals.
55. Plans submitted for a building permit shall indicate whether commercial uses in the project
include food preparation, provisions for grease interceptors and FOG (fats, oils, and grease)
storage within solid waste enclosure(s) shall be provided with the design. These types of
facilities shall also provide an area inside to wash floor mats, equipment, and trash cans. The
wash area shall be drained to the sanitary sewer.
56. Per Section 6 of the City’s Engineering Design Standards, provide a comparison of the
existing and proposed water generations, prior to building permit issuance.
57. Building permit submittal shall clarify size of existing and proposed water services using a
topographic survey and the new site layout map with proposed water meter sizes per the City’s
Engineering Standards.
58. The project’s commercial and residential uses shall be metered separately. A City owned
master meter shall serve the residential units that are each sub-metered with private meters.
Plans submitted for a building permit shall include the CCR’s for the property
management/homeowner association and shall require that the sub-meters be read by the
association (or P/HOA contracted service).
Resolution No. 11160 (2020 Series) Page 19
R 11160
59. All plans submitted for a building permit shall be consistent with the most recent fire
protection design narrative, including the layout and design of the fire riser room stamped and
signed by a licensed Fire Engineer. A private fire pump and surge tank shall be installed in
order to provide the residual pressures and flows required by the fire pro tection design
narrative. The surge tank shall be designed to have a pressure sustaining mechanism such that
surge forces don’t impinge back into the public water main. The fire system point of
connection shall be made along the existing 8” fire main on Marsh Street. The 8” main can be
upsized by the development between Chorro and Morro if additional capacity is required by
the fire protection design narrative, and must be to the satisfaction of the Utilities Director.
60. The approved fire protection design narrative shall include the fire flow rate(s) (gpm) and
pressures that will be going through the fire pump based on the proposed fire floor area per
NFPA requirements and the City of San Luis Obispo design standards, prior to building permit
issuance.
61. Plans submitted for a building permit shall include a landscape documentation package per
CCR Title 23 MWELO 492.3.
62. The project’s estimated total water use (ETWU) to support new ornamental landscaping shall
not exceed the project’s maximum applied water allowance (MAWA). Information shall be
submitted during the Building Permit Review Process for review and approval by the Utilities
Department prior to issuance of a Building Permit to support required water demand of the
project’s proposed landscaping, following the City’s calculator.
63. Plans submitted for a building permit shall describe how recycled water will be used for major
construction activities, such as grading and dust control as required under §17.70.220
(Prohibited Water Uses). Recycled water is available through the City’s Construction Water
Permit program.
64. 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. Plans submitted for
a building permit shall include a trash enclosure capable of storing the required bins for waste,
recycling, and organics, subject to the satisfaction of the Utilities Director.
65. The building permit submittal shall include trash enclosure details as required by the City’s
Development Standards for Solid Waste Services. The alley to the north of the project site is
used for trash services. The project shall not disrupt the current t rash services that utilize this
alleyway.
66. There are existing city fiber lines within the street right of way adjacent to the west and south
side of the project. Plans submitted for the project’s frontage improvements shall include
provisions to adjust and/or replace existing city owned utilities per the Engineering Design
Standards and to the satisfaction of the Utilities Director including, but not limited to: fiber
cables, splice boxes, pull boxes, water valves, water mains, and service laterals that interfere
as a result of the relocation.
Resolution No. 11160 (2020 Series) Page 20
R 11160
Transportation Division – Public Works
67. Plans submitted for the project’s frontage improvements shall replace signal poles and mast
arm pole assemblies at the intersection of Chorro and Marsh Street in conjunction with
sidewalk replacement, subject to the satisfaction of the Public Works Director. New signal
poles shall conform with current City and Caltrans Standards and locate to current ADA
standards.
68. Plans submitted for the project’s frontage improvements shall demonstrate how the traffic
signal at Marsh and Chorro will conform with ADA requirements for audible pedestrian push-
button assemblies and count-down pedestrian signals. Installation shall conform to MUTCD
and City Standards.
69. Applicant shall submit a separate public improvement plan (PIP) set showing above signal
upgrades from conditions the conditions mentioned above. Traffic signal upgrade design shall
comply with the latest MUTCD and Caltrans design standards at the time the building permit
is obtained.
70. Plans submitted for PIP shall provide details that replace stamped concrete crosswalk at
intersection of Chorro and Marsh Streets with brick paver crosswalk, to conform to ADA and
City Engineering Standards, to the satisfaction of the Public Works Director.
71. Plans submitted for a building permit shall provide details of the vehicle exit from the parking
area onto Marsh Street that demonstrates adequate sightlines of pedestrians on adjacent
sidewalk per City Engineering Standards, subject to the satisfaction of the Public Works
Director.
72. Plans submitted for a building permit, shall include a construction phasing plan and proposed
traffic handling plan during construction as a part of the building plan submittal, subject to
the satisfaction of the Public Works and Community Development Directors.
Resolution No. 11160 (2020 Series) Page 21
R 11160
Indemnification
73. The applicant shall defend, indemnify and hold harmless the City and/or its agents, officers
and employees from any claim, action or proceeding against the City and/or its agents,
officers or employees to attack, set aside, void or annul, the approval by the City of this
project, and all actions relating thereto, including but not limited to environmental review
(“Indemnified Claims”). The City shall promptly notify the applicant of any Indemnified
Claim upon being presented with the Indemnified Claim and the City shall fully cooperate in
the defense against an Indemnified Claim.
Upon motion of Council Member Christianson, seconded by Council Member Stewart,
and on the following roll call vote:
AYES: Council Member Christianson, Stewart, and Mayor Harmon
NOES: None
RECUSED: Council Member Pease and Vice Mayor Gomez
The foregoing resolution was passed and adopted this 18th day of August 2020.
____________________________________
Mayor Heidi Harmon
ATTEST:
_____________________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
______________________________________
J. Christine Dietrick
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, _______________________.
____________________________________
Teresa Purrington
City Clerk