HomeMy WebLinkAbout09-01-2020 Agenda PacketTuesday, September 1, 2020
San Luis Obispo Page 1
Based on the threat of COVID-19 as reflected in the Proclamations of Emergency issued by both the Governor of
the State of California, the San Luis Obispo County Emergency Services Director and the City Council of the City
of San Luis Obispo as well as the Governor’s Executive Order N-29-20 issued on March 17, 2020, relating to the
convening of public meetings in response to the COVID-19 pandemic, the City of San Luis Obispo will be
holding all public meetings via teleconference. There will be no physical location for the Public to view the
meeting. Below are instructions on how to view the meeting remotely and how to leave public comment.
Additionally, members of the City Council are allowed to attend the meeting via teleconference and to participate
in the meeting to the same extent as if they were present.
Using the most rapid means of communication available at this time, members of the public are encouraged
to participate in Council meetings in the following ways:
1.Remote Viewing - Members of the public who wish to watch the meeting can view:
•View the Webinar (recommended for the best viewing quality):
➢Registration URL: https://attendee.gotowebinar.com/register/31 13198313997530891
➢Webinar ID: 191-406-203
➢Telephone Attendee: +1 (213) 929-4212, Audio Access Code:596-177-069
•Televised live on Charter Cable Channel 20
•View a livestream of the meeting on the City’s YouTube channel: http://youtube.slo.city
2.Public Comment - The City Council will still be accepting public comment. Public comment can be
submitted in the following ways:
•Mail or Email Public Comment
➢Received by 5:00 PM on the day of meeting - Can be submitted via email to
emailcouncil@slocity.org or U.S. Mail to City Clerk at 990 Palm St. San Luis Obispo, CA
93401. All emails will be archived/distributed to councilmembers, however, submissions after
5:00 p.m. on the day of the meeting may not be archived/distributed until the following day.
Emails will not be read aloud during the meeting.
•Verbal Public Comment
➢In Advance of the Meeting - Call (805) 781-7164; state and spell your name, the agenda item
number you are calling about and leave your comment. The verbal comments must be limited to 3
minutes. All voicemails will be forwarded to the Council Members and saved as Agenda
Correspondence. Voicemails will not be played during the meeting.
➢During the meeting – Join the webinar (instructions above). Once the meeting has started, please
put your name and the item # you would like to speak on in the questions box. During public
comment for the item, your name will be called, and your mic will be unmuted. Contact the office
of the City Clerk at cityclerk@slocity.org for more information.
All comments submitted will be placed into the administrative record of the meeting.
San Luis Obispo City Council Agenda September 1, 2020 Page 2
5:00 PM CLOSED SESSION TELECONFERENCE
Not Broadcasted via Webinar
CALL TO ORDER: Mayor Heidi Harmon
ROLL CALL: Council Members Carlyn Christianson, Andy Pease, Erica A. Stewart,
Vice Mayor Aaron Gomez and Mayor Heidi Harmon
Closed Session Webinar registration link: https://global.gotomeeting.com/join/361812317
You can also dial in using your phone:
United States: +1 (408) 650-3123
Access Code: 361-812-317
PUBLIC COMMENT ON CLOSED SESSION ITEMS ONLY
CLOSED SESSION
A.PUBLIC EMPLOYEE DISCIPLINE / DISMISSAL / RELEASE
Pursuant to Government Code § 54957(b)(1)
ADJOURNMENT
Adjourn to the Regular Meeting of the City Council scheduled for Tuesday, August 21, 2020, at
6:00 p.m. via teleconference.
San Luis Obispo City Council Agenda September 1, 2020 Page 3
6:00 PM REGULAR MEETING TELECONFERENCE
Broadcasted via Webinar
CALL TO ORDER: Mayor Heidi Harmon
ROLL CALL: Council Members Carlyn Christianson, Andy Pease, Erica A. Stewart,
Vice Mayor Aaron Gomez and Mayor Heidi Harmon
APPOINTMENTS
1.APPOINTMENTS TO THE DIVERSITY, EQUITY, AND INCLUSION TASK
FORCE (HARMON / STEWART – 60 MINUTES)
Recommendation:
As recommended by Diversity, Equity, Inclusion Steering Committee appoint up to 11
members to the Diversity, Equity, Inclusion Taskforce.
2.ADVISORY BODY APPOINTMENTS FOR UNSCHEDULED VACANCIES
(PURRINGTON – 5 MINUTES)
Recommendation:
Confirm appointment of Joe Benson, as recommended by the Council Liaison
Subcommittee, for the Administrative Review Board (ARB).
PUBLIC COMMENT PERIOD FOR ITEMS NOT ON THE AGENDA
(Not to exceed 15 minutes total)
The Council welcomes your input. State law does not allow the Council to discuss or take
action on issues not on the agenda, except that members of the Council or staff may briefly
respond to statements made or questions posed by persons exercising their public testimony
rights (Gov. Code sec. 54954.2). Staff may be asked to follow up on such items.
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 September 1, 2020 Page 4
3. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES
(PURRINGTON)
Recommendation:
Waive reading of all resolutions and ordinances as appropriate.
4. MINUTES REVIEW - AUGUST 18, 2020 CITY COUNCIL MINUTES
(PURRINGTON)
Recommendation:
Approve the minutes of the City Council meeting held on August 18, 2020.
5. SECOND READING AND ADOPTION OF ORDINANCE NO. 1687 (2020 SERIES)
REZONING PROPERTIES AT 1144 CHORRO STREET, 876, 890 MARSH, 895, 898,
973 HIGUERA STREETS FROM DOWNTOWN COMMERCIAL (C-D-H AND C-D)
TO (C-D-H-PD AND C-D-PD) TO PROVIDE FOR A PLANNED DEVELOPMENT
OVERLAY (CODRON / BELL)
Recommendation:
Adopt Ordinance No. 1687 (2020 Series) entitled, “An Ordinance of the City Council of the
City of San Luis Obispo, California, Approving A Planned Development Overlay for seven
properties within the Downtown Commercial Zone and amending the Zoning Regulations
Map to change the zoning designation of the associated properties from C-D-H to C-D-H-
PD and C- D to C-D-PD, respectfully, including a Mitigated Negative Declaration of
Environmental Review, as represented in the staff report and attachments dated August 18,
2020 (1144 Chorro, 868 and 870 Monterey, 876 and 890 Marsh, 895, 898, 973 Higuera
Streets: PDEV-0509-2019, & EID-0475-2019).”
6. ADOPTION OF THE MODIFIED CULTURAL GRANTS-IN-AID PROGRAM
(HERMANN / CANO)
Recommendation:
1. As recommended by the Promotional Coordinating Committee, adopt the Modified
Cultural Grants-In-Aid (GIA) Program for fiscal year 2020-21; and
2. Authorize the City Manager to execute various agreements and grant expenditures for
Modified Cultural GIA Program not to exceed the 2020-21 program budget of $100,000
based on the recommendations by the PCC.
San Luis Obispo City Council Agenda September 1, 2020 Page 5
PUBLIC HEARING AND BUSINESS ITEMS
7.REVIEW OF THE 6TH CYCLE HOUSING ELEMENT UPDATE AND A
NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT
(CODRON / COREY / COHEN – 90 MINUTES)
Recommendation:
1.Adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis
Obispo, California, endorsing a Negative Declaration of Environmental Impact and
amendments to the Housing Element of the General Plan as represented in the Council
Agenda Report and attachments dated September 1, 2020 (GENP-0217-2020 & EID-
0218-2020);” and
2.Direct staff to make updates to the Housing Element, consistent with feedback provided
by the Planning Commission and the State’s Department of Housing and Community
Development (HCD); and
3.Authorize staff to continue to work with HCD to ensure that the document fully
complies with its guidelines; and
4.Direct staff to return to the City Council for final approval of the Housing Element,
following HCD’s determination that it fully complies with State law and HCD
guidelines.
8.REVIEW OF A COMMON INTEREST VESTING TENTATIVE TRACT MAP
(VTTM NO. 3140) TO CREATE TEN RESIDENTIAL LOTS LOCATED WITHIN
THE MILLS STREET HISTORIC DISTRICT AND ADOPT THE ASSOCIATED
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION (1137 PEACH ST,
ARCH-0568-2019) (CODRON / VAN LEEUWEN – 45 MINUTES)
Recommendation:
Adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis
Obispo, California, approving a Common Interest Vesting Tentative Tract Map No. 3140 to
create ten (10) residential lots and the development review of five new two-story single-
family residential structures in the Medium Density, Historic Preservation Overlay (R-2-H)
Zone, and adopting a Mitigated Negative Declaration of Environmental Review (ARCH-
0568-2019, SBDV-0571-2019, EID-0800-2019).”
San Luis Obispo City Council Agenda September 1, 2020 Page 6
9. INTRODUCE AN ORDINANCE AMENDING CHAPTER 2.14, REVENUE
ENHANCEMENT OVERSIGHT COMMISSION, OF THE MUNICIPAL CODE
(HERMANN / BETZ – 20 MINUTES)
Recommendation:
1. Introduce an Ordinance entitled, “An Ordinance of the City Council of the City of San
Luis Obispo, California, amending Sections 2.14.010, 2.14.020, and 2.14.040 of the San
Luis Obispo Municipal Code Chapter 2.14 Revenue Enhancement Oversight
Commission;” and
2. Direct staff to return to the City Council for the second reading of the ordinance as part
of the certification of results of the General Municipal Election of November 3, 2020.
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 information, request staff to
report back to the Council at a subsequent meeting concerning any matter, or take action to
direct staff to place a matter of business on a future agenda. (Gov. Code Sec. 54954.2)
ADJOURNMENT
The next Regular City Council Meeting is scheduled for Tuesday, September 15, 2020 at 6:00
p.m., via teleconference.
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.
RECEIVED
AUG 31 2020
SLO CITY CLERK
1010 Marsh St., San Luis Obispo, CA 93401
(805) 546-8208 • FAX (805) 546-8641
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of San Luis Obispo,
[ am a citizen of the United States and a
resident of the county aforesaid; .I am over the
age of eighteen years, and not a party interested
in the above entitled matter. 1 am the principal
clerk of the printer of the New Tinies, a
newspaper of general circulation, printed and
published weekly in the City of San Luis
Obispo, County of San Luis Obispo, and which
has been adjudged a newspaper of general
circulation by the Superior Court of the County
of San Luis Obispo, State of California, under
the date of February 5, 1993, Case number
CV72789: that notice of which the annexed
is a printed copy (set in type not smaller than
nonpareil), has been published in each regular
and entire issue of said newspaper and not in
any supplement thereof on the following dates,
to -wit: .//
jl gu S Z 1
in the year 2020.
I certify (or declare) under the the penalty of
perjury that the foregoing is true and correct.
Dated at San Luis Obisp , Calif o iaP this
day Za ofC12020.
Patricia Horton, New Times Legals
Proof of Publication of
OMNMM NO. W (M SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO, CALIFORNIA, APPROVING A PLANNED
DEVELOPMENT OVERLAY FOR SEVEN PROPERTIES WITHIN
THE DOWNTOWN COMMERCIAL. ZONE AND AMENDING
THE 2GN1NG REGULATtONS MAP TO CHANGE THE ZONING
DESIGNATION OFTIIE ASSOCIATED PROPERTIES FROM C-D-H
To C-D-H-PD AND" TO GD-PD, RESPECTFULLY, INULIDING
A MITIGATED NEGATM DECLARATION OF ENVIRONMENTAL
REVIEW,, AS REPRESENTED IN THE STAFF REPORT AND
ATTACHMENTS DATED AUGUST is, 290 (1144 CHORRO,
8M AND " MONTEREY. M AND 890 MARSH, s95t 899. 971
HIGUStA SIRFETS PDEV-9.2M%& OD W5-2M9)
NOTICE IS HEREBY GiM drat the City Council of the Cit of San
Luis Obispo, California, at its Regular Meoling of August I 2tTYA,
laboducad the above t@!ed ordinance upon a motWn by Cotmcll
MemberChristianson, second byCoomil Member Stewart, and
on the following roll call vote:
AYES: Council Member Christianson, Stewart
and Mayor Harmon
RECUSED: Council Member Pease and Vice Mayor
Gomez
gfd7nance No. 1f�@2� - An Drdinonce rezoning the
subjecr propertiesat $144 Chorm Street, 876,890Marsh, and 895,
898, s73 Higuers Streets from Dowmawm Commercial (C-D•H
and C-D) to (C-D-H-Pp and C•A-PD) to provide for a Planned
Development Owrlay. The Planned Dovalapment Ovarloy Unitas
the subject properties for the purposes of allocated residential
density allowances between property lines.
A full and complete copy of the ordinance will be available
for Inspection as part of the publWied agenda packet for tho
September 1, MO Cuunril Meeting, or you may call (805) 781-
71M for more Infomwtion.
NOTICE ISHER£EY GIVEN that the City Councif of the Cary of San
Luis Obispo will considor adopling the ordinance at its Regular
Meeting of September 1, 20 id Go PJTL While rile Council
uncourages public panicipation, growing concern about the
CDVIO.19 pandemlc hos requimd Chet public nlacongs W hold
vio Lela eonference. Meetings con be viewed on Gavemnron!
Access Channel 20 at stren nad live from die City's YauTuba
channel at Itap1A1Wubo3lo.ti* Public comment, prior to
the start of the meeting, may be submitted in writing to the City
Marks Dlfice, 990 Palm Street. Son Luis Obispo, CA 904M1 or by
email to emailcounc0®slocityorg.
Teresa Purrington,
City Clerk
August27,2020
Ati m.@ PnSonaV MrM❑ nJmiNNI'MG Ofhl 'eUSINfSS/Public Nouv /11 ro, of Nh
RECEIVED
AUG 2 5 2020
SLO CITY CLERK
1010 Marsh St., San I
(805) 546-8208 . F I SAN LUIS OBISPO CITY COUNCIL
NOTICE OF PUBLIC HEARING
The San Luis Obispo City Council invites all interested persons
to participate in a public meeting on Tuesday, September
1, 2020. at 60 p.m. While the Council encourages public
participation, growing concern aboutthe COVID-19 pandemic
PROOF OF PUBLICATION
has required that public meetings be held via teleconference.
Meetings can be viewed on Govommont Arc Channel 20
(2015.5 C.C.P,)
or streamed live from the City's YouTube Channel at btfpVl
youtubeslo.city. Public comment, prior to the start of the
meeting, may be submitted in writing via U.S. Mail delivered
STATE OF CALIFORNIA,
to the City Clerk's office at 990 Palm Street, San Luis Obispo,
CA 93401 or by email to emailcouncil®slocty.org.
County of San Luis Obispo,
Public Hearing Items:
I am a citizen of the United States and a
A Public Hearing to review five new two -bedroom, two-
resident of the county aforesaid; .I am over the
story single-family residences, each with an attached
two -car garage. The project site is withinthe Mill Street
age of eighteen years, and not a party interested
Historic Districfand includesthe retention offive,two-
in the above entitled matter. I am the principal
bedroom, single -story residences, which are on the
clerk of the printer of the New Tintes, a
Contributing List of Historic Properties. The project also
includes a common -interest subdivision to create ten
newspaper of general circulation, printed and
lots, each will contain one of the ten residences. The
published weekly in the City of San Luis
applicant has requested exceptions from development
standardsto allow interior side setbacks to be reduced
Obispo, County of San Luis Obispo, and which
and to allow required parking to be provided in tandem.
has been adjudged a newspaper of general
A Mitigated Negative Declaration of environmental
circulation by the Superior Court of the County
review(rmatiis ontactproposed.
For more information, contact Kyle Van Leeuwen, Assistant
of San Luis Obispo, State of California, under
Planner, in the Ciry'sCommunity Development Department at
the date of February 5, 1993, Case number
(805)781-7091orbyemail,,kleeuwen®slocityorg.
A Public Hearing to review the 6th Cycle Housing
CV72789: that notice of which the annexed
Element Update and a Negative Declaration of
is a printed copy (set in type not smaller than
Environmental Impact The Housing Element is a state
nonpareil), has been published in each regular
required element of the General Plan that must be
updated according to a cycle established bythe State's
and entire issue of said newspaper and not in
Department of Housing and Community Development
any supplement thereof on the following dates,
Updating the Housing Bement is a key step in the Ck ys
efforts to expand affordable housing opportunities and
to -wit:
is required by California Government Code Section
65%0- 65589.8
ZQ
For more information, contact Rachel Cohen, Associate
Planner, in the Cityls Community Development Department at
in the year 2020.U
(805)781-7574orbyemail, rcohen®slociryorg.
I certify (or declare) under the the penalty of
A Public Hearing to introduce an ordinance
perjury that the foregoing is true and correct.
amending Municipal Code Chapter 2.14 (Revenue
Enhancement Oversight Commission). The intent of
Dated at San Luis Obis , Callf .la, this
the proposed amendment is to broaden community
day 710 of , 2020-
member representation on the Revenue Enhancement
Oversight Commission (REOC) and to build in
additional accountability and community engagement
�)
opportunities to ensure the spending priorities align
1V
with the community and City Council's vision for long-
term investment
Patricia Horton, New Times Legals
For more information, contact Ryan Betz; Assistant to the City
Manager, in the City'sAdministration Department at(805) 781-
7589 or by email, rbetziftlocity org.
The City Council may also discuss other hearings or business
items before or after the items listed above. If you challenge
the proposed project in court, you may be limited to raising
only those issues you or someone else raised at the public
hearing described in this notice, or in written correspondence
delivered to the City Council at, or priorto, the public hearing.
Reports for this meeting will be available for review online at
www.slocity.org no later than 72 hours prior to the meeting.
Please call the City Clerk's Office at (805) 781-7100 for more
information. The City Council meeting will be televised live
on Charter Cable Channel 20 and live streaming on the Citys
YouTube channel httpsV/youtube.slo.cky.
Teresa Purrington
City Clerk
Ad in & Pl'I-.1U.NING Adn,WNINIG Nniin:JPn For NI,
City of San Luis Obispo
August20,2020
Department Name: Administration
Cost Center: 1001
For Agenda of: September 1, 2020
Placement: Appointment
Estimated Time: 60 Minutes
FROM: Derek Johnson, City Manager
Prepared By: Victoria Tonikian, Interim Executive Assistant to the City Manager / Fiscal Officer
SUBJECT: APPOINTMENTS TO THE DIVERSITY, EQUITY, AND INCLUSION TASK
FORCE
RECOMMENDATION
As recommended by Diversity, Equity, Inclusion Steering Committee appoint up to 11 members
to the Diversity, Equity, Inclusion Taskforce.
DISCUSSION
At the July 7, 2020 City Council meeting, Council approved the creation of a Diversity, Equity,
and Inclusion Task Force (DEI-TF) as part of a wider effort to help make the city an inclusive
and safe community for everyone. The Task Force will be led by May or Heidi Harmon and
Council Member Erica A. Stewart and will be comprised of up to 11 members of the community.
The objectives of the DEI-TF are to (Full Objectives and Scope):
1. Support the work of DE&I Providers that support marginalized communities with
directed funding for proven or promising impactful, sustainable projects.
2. A framework / potential scope for a 21-23 DE&I-focused Major City Goal.
3. Provide a recommendation on the role and function of the HRC in relation to DE&I
efforts
As outlined in Attachment 1, the timeline selection and review of DEI -TF members is as follows:
1. July 7, 2020 – City Council Review and Authorization
2. July 8 – August 3, 2020 Task Force recruitment Discovery
3. August 11 – August 26, 2020 Interviews for Task Force members
4. August 27, 2020 – Applicants notified
5. September 1, 2020 – Member recommendations to City Council for approval
The application period was open from July 13 through August 3 and 95 applications were
received. City Manager Derek Johnson, Mayor Heidi Harmon, Council Member Erica A. Stewart
and our consultants have been reviewing the applications and hosting virtual interviews. Due to
the tight timeline of the application review process, staff will provide agenda correspondence to
the City Council prior to the September 1, 2020 City Council meeting with the recommendations
for appointment to the DEI-TF.
Item 1
Packet Page 1
Public Engagement
Public outreach was done on social media, print ad and direct contact during the application
period which was open from July 13 through August 3.
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 CE QA Guidelines Sec. 15378.
FISCAL IMPACT
Budgeted: N/A Budget Year: N/A
Funding Identified:
Fiscal Analysis:
Funding Sources
Total Budget
Available
Current Funding
Request
Remaining
Balance
Annual
Ongoing Cost
General Fund N/A
State
Federal
Fees
Other:
Total $
ALTERNATIVES
1. The City Council could choose to not make appointments to the Diversity, Equity, and
Inclusion Task Force. This is not recommended as at the July 7, 2020 City Council meeting
the City Council approved the creation of the Task Force.
2. The City Council could choose to make changes to the recommended appointments of the
Diversity, Equity, Inclusion Steering Committee.
Item 1
Packet Page 2
Department Name: Administration
Cost Center: 1021
For Agenda of: September 1, 2020
Placement: Consent
Estimated Time: N/A
FROM: Greg Hermann, Deputy City Manager
Prepared By: Teresa Purrington, City Clerk
Kevin Christian, Deputy City Clerk
SUBJECT: ADVISORY BODY APPOINTMENTS FOR UNSCHEDULED VACANCIES
RECOMMENDATION
Confirm appointment of Joe Benson, as recommended by the Council Liaison Subcommittee, for
the Administrative Review Board (ARB).
DISCUSSION
Due to a lack of candidates, recruitment for an unfilled vacancy has continued for the ARB since
April 2019 (16 months). Our recent mid-year recruitment push for various advisory body
vacancies was successful in generating multiple candidates for this position. Teleconference
interviews with the candidates were held by the Council Liaison Sub-committee on August 13,
2020. The Council Liaison Sub-committee found Joe Benson to be the most qualified of the three
candidates interviewed by his background experience and interview performance.
Policy Context
The Advisory Body Handbook, last adopted by City Council in February 2018, outlines the
recruitment procedures, membership requirements, and term limits. Also contained in the
Advisory Body Handbook are the bylaws for all advisory bodies, some of which include
additional membership requirements. Additionally, the City Council Policies and Procedures
Manual, last adopted in August 2019, describes the “Appointment Procedure” and “Process” for
Advisory Body appointments. Recruitment and appointment recommendations were performed
in conformance with all recruitment procedures, processes, and bylaws found in these resources.
Public Engagement
Recruitment for the ARB has been open continuously since the 2018 annual recruitment cycle,
was advertised in print media, posted on the City website and social media, and has been listed
and noticed as required by the “Maddy Act” (GC 54972, Local Appointments List) for both the
2018 and 2019 recruitment cycles.
Item 2
Packet Page 3
CONCURRENCE
The Council Liaison Subcommittees concur with the recommendations.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to the recommended actions in this
report, because the action does not constitute a “Project” under CEQA Guidelines sec. 15378.
FISCAL IMPACT
Budgeted: Yes/No Budget Year: 2020-21
Funding Identified: Yes/No
Fiscal Analysis:
Funding Sources Current FY Cost
Annualized
On-going Cost
Total Project
Cost
General Fund N/A
State
Federal
Fees
Other:
Total
There is no additional impact for appointment of Advisory Body members.
ALTERNATIVES
Council could recommend changes to the recommended appointment or direct staff to re -open
recruitment for additional candidates. This is not recommended as recruitment for the ARB has
resulted in few candidates, and the continued small membership size of the body could make
definitive decisions unattainable.
AVAILABLE FOR REVIEW
All applications are available for public review, by request, in the Office of the City Clerk, which
can be reached at (805) 781-7100 or cityclerk@slocity.org during normal business hours.
Item 2
Packet Page 4
Tuesday, August 18, 2020
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 August
18, 2020 at 6:00 p.m. by Mayor Harmon, with all Council Members teleconferencing.
ROLL CALL
Council Members
Present: Council Members Carlyn Christianson, Andy Pease, Erica A. Stewart,
Vice Mayor Aaron Gomez, 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.
A. RECEIVE AN UPDATE FROM THE EMERGENCY SERVICE DIRECTOR AND
PROVIDE COVID-19 RELATED DIRECTION BASED ON CURRENT STATUS
Emergency Services Director Derek Johnson provided an in-depth staff report and
responded to Council questions.
Public Comments:
Eric Vieum
---End of Public Comment---
ACTION: MOTION BY COUNCIL MEMBER PEASE, SECOND BY COUNCIL
MEMBER CHRISTIANSON, CARRIED 5-0 to:
1. Receive an update from the Emergency Services Director related to COVID-19; and
2. Adopt Resolution No. 11149 (2020 Series) entitled, “A Resolution of the City Council of
the City of San Luis Obispo, California, affirming actions of the Emergency Services
Director.”
Item 4
Packet Page 5
San Luis Obispo City Council Minutes of August 18, 2020 Page 2
APPOINTMENTS
1. ADVISORY BODY APPOINTMENTS FOR UNSCHEDULED VACANCIES
City Clerk Purrington presented the contents of the report.
Public Comment:
None
---End of Public Comment---
ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY VICE
CHAIR GOMEZ, CARRIED 5-0 to confirm appointments, as recommended by the Council
Liaison Subcommittees, for the Tourism Business Improvement District Board (TBID), the
Personnel Board (PB), and the Human Relations Commission (HRC).
PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA
Kris Roudebush
---End of Public Comment---
CONSENT AGENDA
Public Comment:
Item 4 – Kelsey Zazanis
Item 4 – Ryan Gelston
---End of Public Comment---
ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL
MEMBER STEWART, CARRIED 5-0 to approve Consent Calendar Items 2 thru 14.
2. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES
CARRIED 5-0, to waive reading of all resolutions and ordinances as appropriate.
3. MINUTES REVIEW - JULY 21, 2020 CITY COUNCIL MINUTES
CARRIED 5-0, to approve the minutes of the City Council meeting held on July 21, 2020.
4. AMENDMENT TO THE CITY’S INVESTMENT POLICY AND MANAGEMENT PLAN
CARRIED 5-0,
1. As recommended by the Investment Oversight Committee, adopt an amendment to the City’s
Investment Policy & Management Plan to incorporate an ESG Investing approach; and
2. Direct staff to amend the current investment advisory agreement with PFM Asset
Management LLC to include ESG Investing and authorize the City Manager to execute the
amended agreement; and
3. Adopt Resolution No. 11150 (2020 Series) entitled, “A Resolution of the City Council of the
City of San Luis Obispo, California, updating Position, Payment Disbursement, and Receipt
Authority.”
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5. 2020 STANDARD SPECIFICATIONS AND ENGINEERING STANDARDS
UPDATE; STREET CLOSURES FOR SPECIAL EVENTS
CARRIED 5-0,
1. Adopt Resolution No. 11151 (2020 Series) entitled “A Resolution of the Council of the
City of San Luis Obispo approving revised Standard Specifications and Engineering
Standards for Construction;” and
2. Authorize the City Engineer to release projects currently in design or approved by
Council under the 2018 City Standard Specifications on a case by case basis; and
3. Adopt Resolution 11152 (2020 Series) entitled “A Resolution of the City Council of the
City of San Luis Obispo, California, Authorizing the Public Works Director to Approve
Temporary Closures of City Streets for Special Events, Construction Activities or Other
Purposes.”
6. APPROVE THE ACQUISITION OF PROPERTY ADJACENT TO LOS OSOS
VALLEY ROAD FROM THE CALIFORNIA DEPARTMENT OF
TRANSPORTATION TO THE CITY OF SAN LUIS OBISPO
CARRIED 5-0, adopt Resolution No. 11153 (2020 Series) entitled, “A Resolution of the
City Council of the City of San Luis Obispo, California, to approve the acquisition of
property adjacent to Los Osos Valley Road from the California Department of
Transportation (Caltrans) to the City of San Luis Obispo (City) based on the determination
of General Plan conformance with an exemption from environmental review, as represented
in the staff report and attachments dated August 18, 2020 (GENP-0251-2020).”
7. 2019-20 PAYMENT REDUCTION AND APPROVAL OF A TRANSIT
AGREEMENT EXTENSION BETWEEN THE CITY OF SAN LUIS OBISPO AND
CAL POLY
CARRIED 5-0,
1. In response to changes in service usage under the terms of the 2019-20 Transit
Agreement due to impacts of COVID-19 approve a reduction to Cal Poly’s payment for
the 4th Quarter by $99,964; and
2. Adopt Resolution No. 11154 (2020 Series) entitled, “A Resolution of the City Council of
the City of San Luis Obispo, California, authorizing the City Manager to execute an
extension of the 2011-2016 Transit Subsidy Agreement between the City of San Luis
Obispo and Cal Poly.”
8. AUTHORIZATION TO PURCHASE MULTI-SPACE PAY STATIONS FOR ON-
STREET PARKING MANAGEMENT
CARRIED 5-0,
1. Adopt Resolution No. 11155 (2020 Series) entitled, “A Resolution of the City Council
of the City of San Luis Obispo, California, authorizing the City Manager to execute a
Sole Source Contract for purchase and installation of Multi-Space Pay Stations and a
Sole Source Contract for operation and maintenance of Multi-Space Pay Stations with
IPS Group, Incorporated” in an amount not to exceed the available project budget; and
2. Authorize the City Manager to execute a separate sole source contract with IPS Group
for the operation and maintenance of the Multi-Space Pay Stations.
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9. AUTHORIZATION TO NEGOTIATE, EXECUTE, AND MODIFY AGREEMENTS
FOR PARKING FUND LEASE SPACES
CARRIED 5-0, to adopt Resolution No. 11156 (2020 Series) entitled, “A Resolution of the
City Council of the City of San Luis Obispo, California, authorizing the City Manager to
negotiate, execute, and modify Commercial Lease Agreements for Parking Fund Lease
Spaces” with tenants of property located at 860 Pacific Street Suites 101 through 105.
10. AUTHORIZATION TO APPLY FOR FEDERAL EMERGENCY MANAGEMENT
AGENCY (FEMA) ASSISTANCE TO FIREFIGHTERS GRANT (AFG) AND THE
CALIFORNIA FIRE FOUNDATION WILDFIRE SAFETY & PREPAREDNESS
GRANT
CARRIED 5-0, to:
1. Authorize the Fire Department to apply for a grant to the Federal Assistance to
Firefighters Grant (AFG) Program for the amount of $137,510 to send two EMT
firefighters through Certified Paramedic Training; and
2. Authorize the Fire Department to apply for a grant to the California Fire Foundation
Wildfire Safety & Preparedness Grant Program for the amount of $14,953.52 to
purchase Personal Protective Equipment coats for wildland firefighting; and
3. Authorize the City Manager, or their designee, to execute the grant documents and
approve the budget changes necessary to appropriate the grant amount upon notification
that the grant has been awarded.
11. UPDATED MITIGATION MEASURES FOR THE SAN LUIS RANCH SPECIFIC
PLAN
CARRIED 5-0, to:
1. Adopt Resolution No. 11157 (2020 Series) entitled, “A Resolution of the City Council
of the City of San Luis Obispo, California, modifying Mitigation Measures and
Mitigation Monitoring and Reporting Plan and approving an addendum to the Final
Supplemental EIR for the San Luis Ranch Project for property located at 1035 Madonna
Road ("San Luis Ranch");” and
2. Approve an Addendum to the certified Final Supplemental Environmental Impact
Report (FSEIR) to satisfy CEQA compliance for this action.
12. SELECTION OF VOTING DELEGATE AND ALTERNATES – LEAGUE OF
CALIFORNIA CITIES ANNUAL CONFERENCE
CARRIED 5-0, to appoint Council Member Erica A. Stewart as the Voting Delegate and
Council Member Andy Pease and Council Member Carlyn Christianson as Alternate Voting
Delegates to vote on the City’s behalf at the Annual Business Meeting of the League of
California Cities on Friday, October 9, 2020.
13. AUTHORIZATION TO UPDATE THE CITY’S MASTER FEE SCHEDULE TO
ADD A CHILDCARE FEE ASSOCIATED WITH PROVIDING CHILDCARE
DURING SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT’S (SLCUSD)
PERIOD OF DISTANCE LEARNING
CARRIED 5-0, to adopt Resolution No. 11158 (2020 Series) entitled, “A Resolution of the
City Council of the City of San Luis Obispo, California, adopting new fees and amending
the 2020-21 Master Fee Schedule.”
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14. AUTHORIZATION TO AMEND THE CURRENT CONTRACT FOR CHANGE
MANAGEMENT AND ECONOMIC RECOVERY TO INCLUDE PROJECT
MANAGEMENT AND EXPERTISE RELATED TO DIVERSITY, EQUITY, AND
INCLUSION
CARRIED 5-0, to authorize the City Manager to execute a contract amendment in the
amount of $76,025 with Catalyst Consulting to support facilitation and support services as it
is related to the Diversity, Equity, and Inclusion Task Force (DEI -TF).
PUBLIC HEARING ITEMS AND BUSINESS ITEMS
15. ADOPTION OF THE 2020 CLIMATE ACTION PLAN FOR COMMUNITY
RECOVERY
Community Development Director Michael Codron and Sustainability Manager Chris Read
provided an in-depth staff report and responded to Council questions.
Public Comments:
Justin Bradshaw
Betsy Schwartz
Caitlin Lewis
Janine Rands
Barry Rands
---End of Public Comment---
ACTION: MOTION BY MAYOR HARMON, SECOND BY VICE MAYOR GOMEZ,
CARRIED 5-0 to adopt Resolution No. 11159 (2020 Series) entitled, “A Resolution of the
City Council of the City of San Luis Obispo, California, approving the Climate Action Plan
for Community Recovery and associated California Environmental Quality Act Greenhouse
Gas Emission Thresholds and guidance including a Negative Declaration of Environmental
Review (EID-0275-2020).”
Mayor Harmon announced that Item 17 would be heard next because Council Member Pease
and Vice Mayor Gomez would be recusing themselves from Item 16.
17. AMENDMENT TO GENERAL PLAN, LAND USE ELEMENT, AND WATER AND
WASTEWATER MANAGEMENT ELEMENT
Utilities Director Aaron Floyd and Utilities Project Manager Jennifer Metz provided an in -
depth staff report and responded to Council questions.
Public Comments:
None
---End of Public Comment---
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ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY
COUNCIL MEMBER PEASE, CARRIED 5-0 to adopt 11161 (2020 Series) Resolution
entitled, “A Resolution of the City Council of the City of San Luis Obispo, California,
adopting amendments to the Land Use Element and Water and Wastewater Management
Element of the General Plan (GENP-0188-2020) and accepting an addendum to the Land
Use and Circulation Element (LUCE) Update EIR and Water and Wastewater Management
Element Negative Declaration (Citywide, GENP-0188-2020).
Council Member Pease indicated she was going to recuse herself from the next item due to
recent working relationship with the project architect. Vice Mayor Gomez indicated he was
going to recuse himself from the next item due to the location of the project to his business.
Council Member Pease and Vice Mayor Gomez left the meeting at 8:05 PM.
RECESS
Council recessed at 8:05 p.m. and reconvened at 8:15 p.m., with Council Members Christianson
and Stewart and Mayor Harmon present.
16. INTRODUCE AN ORDINANCE REZONING SUBJECT PROPERTIES FROM C-D-
H AND C-D TO C-D-H-PD AND C-D-PD TO PROVIDE A PLANNED
DEVELOPMENT OVERLAY, AND DEVELOPMENT REVIEW OF A SIX-STORY
MIXED-USE BUILDING CONSISTING OF APPROXIMATELY 30,000 SQUARE
FEET OF COMMERCIAL/OFFICE SPACE AND 50 RESIDENTIAL DWELLING
UNITS (1144 CHORRO)
Council Members Christianson and Stewart, and 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.
Mark Rawson, the applicant’s representative, presented a PowerPoint and responded to
questions.
Public Comments:
Betsy Schwartz
Caitlin Lewis
Allan Cooper
---End of Public Comment---
ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY
COUNCIL MEMBER STEWART, CARRIED 3-0-2 (With Council Member Pease and
Vice Mayor Gomez recused) to:
1. Introduce Ordinance No. 1687 (2020 Series) entitled, “An Ordinance of the City Council
of the City of San Luis Obispo, California, approving a Planned Development Overlay
for seven properties within the Downtown Commercial Zone and amending the Zoning
Regulations Map to change the zoning designation of the associated properties from C-
D-H to C-D-H-PD and C-D to C-D-PD, respectfully, including a Mitigated Negative
Declaration of Environmental Review, as represented in the staff report and attachments
dated August 18, 2020 (1144 Chorro, 868 and 870 Monterey, 876 and 890 Marsh, 895,
898, 973 Higuera Streets: PDEV-0509-2019, & EID-0475-2019);” and
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2. Adopt Resolution No. 11160 (2020 Series) entitled, “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);” and
3. Adopt an Initial Study/Mitigated Negative Declaration for the project.
With the following changes:
• Added Finding #5 to the Ordinance:
o The additional density allowed on the development project site as part of the
Planned Development rezoning is acceptable to the City Council in part due to
the provision of the additional Community Benefits as outlined in the project
description and required by the City’s Community Benefits policy. The additional
height being allowed through the City Council’s action enables more housing
units, all under 650 square feet, that also exceed the City’s minimum
requirements for affordability.
• Added Condition #46 from the Tree Committee
• Remove Condition C under Community Benefit
COUNCIL COMMUNICATIONS AND LIAISON REPORTS
None
ADJOURNMENT
The meeting was adjourned at 9:36 p.m. The next Regular City Council Meeting is scheduled for
Tuesday, September 1, 2020 at 6:00 p.m., via teleconference.
__________________________
Teresa Purrington
City Clerk
APPROVED BY COUNCIL: XX/XX/2020
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blank.
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Department Name: Community Development
Cost Center: 4003
For Agenda of: September 1, 2020
Placement: Consent
Estimated Time: N/A
FROM: Michael Codron, Community Development Director
Prepared By: Kyle Bell, Associate Planner
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1687 (2020
SERIES) REZONING PROPERTIES AT 1144 CHORRO STREET, 876, 890
MARSH, 895, 898, 973 HIGUERA STREETS FROM DOWNTOWN
COMMERCIAL (C-D-H AND C-D) TO (C-D-H-PD AND C-D-PD) TO
PROVIDE FOR A PLANNED DEVELOPMENT OVERLAY
RECOMMENDATION
Adopt Ordinance No. 1687 (2020 Series) (Attachment A) rezoning the subject properties from
Downtown Commercial (C-D-H and C-D) to (C-D-H-PD and C-D-PD) to include a Planned
Development Overlay, based on findings and subject to conditions as outlined in the draft
Ordinance.
DISCUSSION
On August 18, 2020, the City Council voted 3:0:2
(two Council Members were recused) to introduce
Ordinance No. 1687, rezoning the properties at
1144 Chorro Street, 876 and 890 Marsh, 895, 898,
973 Higuera Streets from Downtown Commercial
(C-D-H and C-D) to (C-D-H-PD and C-D-PD) to
include a Planned Development (PD) Overlay, as
delineated in Figure 1.
Policy Context
As discussed in the Council Agenda Report dated
August 18, 2020, the project is consistent with the
policies outlined in the Land Use Element and
Housing Element and support the Major City Goal
of Housing.
Figure 1: PD-Overlay Boundaries
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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 for each public hearing associated with the project. Newspaper legal
advertisements were posted in the New Times ten days prior to the hearing. Additionally,
postcards were sent to both tenants and owners of properties located within 300 feet of the
project site ten days before the hearing. Public comment on the project and the associated
environmental document was provided to the advisory bodies through written correspondence
and through public testimony at the hearing.
CONCURRENCE
The project has been reviewed by various City departments and divisions including: Planning,
Engineering, Arborist, Transportation, Building, Utilities, and Fire. Comments have been
incorporated into the adopted resolution as conditions of approval.
CONSISTENCY COVID-19 ORDERS AND CURRENT FISCAL CONTINGENCY PLAN
This activity is presently allowed under the State and Local emergency orders associated with
COVID-19. This Project and associated staff work will be reimbursed by the Developer directly
or indirectly through fees and therefore consistent with the guidance of the City’s Fiscal Health
Contingency Plan.
ENVIRONMENTAL REVIEW
On August 18, 2020, the City Council adopted Resolution No. 11160 (2020 Series) adopting the
Final IS/MND for the development project and PD-Overlay and adopted CEQA findings
including a mitigation and monitoring plan. A Notice of Determination was filed with the San
Luis Obispo Clerk Recorder’s Office on August 19, 2020.
FISCAL IMPACT
Budgeted: No Budget Year: N/A
Funding Identified: No
Funding Sources Current FY Cost
Annualized
On-going Cost
Total Project
Cost
General Fund N/A
State
Federal
Fees
Other:
Total N/A
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When the General Plan was prepared, it was accompanied by a fiscal impact 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.
ALTERNATIVE
1. Modify the proposed ordinance. The City Council may make minor, non-substantive changes
to the proposed Ordinance for the staff to incorporate in the final documents. Any material
changed to the Final Ordinance would require further review by staff and the Planning
Commission followed by re-introduction of the Ordinance by the Council.
Attachments:
a - Draft Ordinance
a - Exhibit A to Draft Ordinance
b - COUNCIL READING FILE - Project Plans
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O 1687
ORDINANCE NO. 1687 (2020 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, APPROVING A PLANNED DEVELOPMENT
OVERLAY FOR SEVEN PROPERTIES WITHIN THE DOWNTOWN
COMMERCIAL ZONE AND AMENDING THE ZONING
REGULATIONS MAP TO CHANGE THE ZONING DESIGNATION OF
THE ASSOCIATED PROPERTIES FROM C-D-H TO C-D-H-PD AND C-
D TO C-D-PD, RESPECTFULLY, INCLUDING A MITIGATED
NEGATIVE DECLARATION OF ENVIRO NMENTAL REVIEW, AS
REPRESENTED IN THE STAFF REPORT AND ATTACHMENTS
DATED AUGUST 18, 2020 (1144 CHORRO, 868 AND 870 MONTEREY,
876 AND 890 MARSH, 895, 898, 973 HIGUERA STREETS: 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 (PD-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 web
based public hearing on July 8, 2020, recommending approval of the Planned Development
Overlay to the City Council 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.
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law; and
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Ordinance No. 1687 (2020 Series) Page 2
O 1687
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. Based upon all the evidence, the Council makes the following
findings:
1. The proposed PD-Overlay furthers the goals of the General Plan for compatible
development because the Land Use Element (LUE) encourages residential dwellings
within all new commercial developments and indicates that commercial core properties
may serve as receiver sites for transfer of development credits, thereby having higher
residential densities than otherwise allowed (LUE 4.2.1). The PD-Overlay serves as an
opportunity for the transfer of density allowances from the Downtown Centre to be
redistributed throughout the PD-Overlay providing opportunities to develop higher
density projects within the Downtown Core.
2. The proposed PD-Overlay will not be detrimental to the health, safety and welfare of
those living and working in the vicinity since the proposed changes to the City's maps
accommodate the existing and future development of the site with uses and
improvements that will be compatible with other properties in the surrounding vicinity.
3. The project is consistent with the General Plan policies and implements Housing
Element policies by allowing expansion of residential land uses in order to help meet
the Quantified Objectives by supporting residential infill development and promote
higher residential density where appropriate.
4. The PD-Overlay does not provide for any modifications to development standards
applicable to projects within the Downtown Commercial (C-D) zone that would result
in any development that would be inconsistent with the development potential of any
other property within the C-D zone, and all associated development within the PD-
Overlay shall be subject to applicable provisions of the Zoning Regulations.
5. The additional density allowed on the development project site as part of the Planned
Development rezoning is acceptable to the City Council in part due to the provision of
additional Community Benefits as outlined in the project description and required by
the City’s Community Benefits (section reference). The additional height being
allowed through the City Council's action enables more housing units, all under 650
square feet, that also exceed the City's minimum requirements for affordability.
SECTION 2. California Environmental Quality Act (CEQA) Findings, Mitigation
Measures, and Mitigation Monitoring Program. The City Council hereby adopts the proposed
Mitigated Negative Declaration of Environmental Impact finding that it adequately identifies the
projects potential significant impacts with incorporation of the following mitigation measures and
monitoring programs:
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Ordinance No. 1687 (2020 Series) Page 3
O 1687
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.
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.
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O 1687
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,
Quarrying, and Surface Mining Operations (93105) and SLOAPCD requirements. 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; and
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.
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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.
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 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.
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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.
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 issu ed, 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 reasonably 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.
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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.).
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 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.
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• 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.
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.
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• 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 3. Action. The City Council hereby approves the application PDEV-0509-2019
& EID-0475-2019 and adopts an Ordinance to establish a PD-Overlay for seven properties within
the C-D zone for the purposes of transferring density credits from the Downtown Centre to
adjacent properties, as set forth in Exhibit A, subject to the following conditions.
1. The PD-Overlay is intended solely for the purposes of transferring of density
allowances from the Downtown Centre to adjacent properties within the PD-Overlay
(§17.70.040.B.1), all future development shall conform to all other development
standards as established by the Zoning Regulations, and other applicable City
standards.
2. The subject properties within the PD-Overlay boundaries provide residential density at
a ratio of 36 density units per acre (77.76 density units), projects proposed within the
PD-Overlay shall not exceed the overall density allowance for the collective area of the
properties within the boundaries of the PD-Overlay and shall remain in conformance
with density allowances as established in the C-D zone Development Standards
(§17.32), unless otherwise permitted under the provisions of the Density Bonus Law
(Government Code § 65915).
3. Any new development within the PD-Overlay that results in the construction of new
residential units shall provide a minimum of 25 percent of the residential units within
the project as affordable to households of very low, low, or moderate-income
households, consistent with all provisions established under Municipal Code Chapter
17.140.
4. Any new development within the PD-Overlay that results in the construction of new
residential units shall achieve greater energy efficiency than standard developments
through the incorporation of green building techniques, scoring at least a silver rating
on the LEED or other equivalent rating system, or achieve a zero-net energy use,
subject to the satisfaction of the Community Development Director.
5. Prior to issuance of a building permit for any new development that results in the
transfer of density credits within the PD-Overlay, 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 for the duration
of the PD-Overlay. The covenant shall identify the responsibilities for maintenance and
public access of the Downtown Centre, subject to the satisfaction of the Community
Development Director.
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SECTION 4. Severability. If any subdivision, paragraph, sentence, clause, or phrase of
this Ordinance is, for any reason, held to be invalid or unenforceable by a court of competent
jurisdiction, such invalidity or unenforceability shall not affect the validity or enforcement of the
remaining portions of this Ordinance, or any other provisions of the city' s rules and regulations.
It is the city' s express intent that each remaining portion would have been adopted irrespective of
the fact that any one or more subdivisions, paragraphs, sentences, clauses, or phrases be declared
invalid or unenforceable
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 i nto effect at
the expiration of thirty (30) days after its final passage.
INTRODUCED on the 18th day of August 2020, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the _____ day of ____________, 2020, 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, on _____________________.
____________________________________
Teresa Purrington
City Clerk
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Department Name: Administration
Cost Center: 1007
For Agenda of: September 1, 2020
Placement: Consent
Estimated Time: N/A
FROM: Greg Hermann, Deputy City Manager
Prepared By: Molly Cano, Tourism Manager
SUBJECT: ADOPTION OF THE MODIFIED CULTURAL GRANTS-IN-AID PROGRAM
Recommendation:
1. As recommended by the Promotional Coordinating Committee, adopt the Modified Cultural
Grants-In-Aid (GIA) Program for fiscal year 2020-21 (Attachment A); and
2. Authorize the City Manager to execute various agreements and grant expenditures for
Modified Cultural GIA Program not to exceed the 2020-21 program budget of $100,000
based on the recommendations by the PCC.
DISCUSSION
The City of San Luis Obispo's PCC, under direction of the City Council, recognizes that cultural,
social, and recreational organizations make significant contributions to the overall quality of life
in the City of San Luis Obispo. Accordingly, the City sponsors a Cultural GIA program to
promote such activities within the community.
Background
The PCC has been administering the City’s annual Cultural GIA program for decades. Each year
approximately $100,000 in grant funds is awarded exclusively to local non-profit organizations
for the promotion of cultural activities and events. Historically, the annual process requires that
GIA proposals are submitted during the month of March for the fiscal year beginning in July.
Grant applications are not considered outside the annual application period. In general, grants are
awarded to non-profit organizations to aid in the support of events or activities that are of local
cultural benefit to the residents or of tourism promotion advantage to the City and must be used
exclusively for marketing purposes. The grant process is extremely competitive with l ocal non-
profit organizations.
With the current restrictions on large group gatherings due to the COVID-19 pandemic, the PCC
was forced to terminate the regular Cultural GIA application process for 2020 -21 and establish a
modified program in order to better align with the current needs of the community.
Program Modifications
Due to COVID-19, special events in our community are being reimagined. The PCC has
reconfigured the GIA program to reflect those changes and has maintained the full allocation
intended to support these grants within their program budget to support events in the community
in a new way.
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During fiscal year 2020-21, changes to the GIA program include accepting applications for the
modified GIA program throughout the year and PCC to consider such applications on a monthly
basis – as opposed to the annual application period that has been followed historically.
Applications will be reviewed by a GIA subcommittee of PCC members and awards will be
recommended to the full PCC. Grants will be awarded in accordance with the outlined criteria
and at the discretion of the PCC. The funding amount per grant award will be fixed per
application and the program will be discontinued once the funding has been exhausted. Based on
the program budget of $100,000, there is a total of 40 grants available at the funding level of
$2,500 each. A new term within the modified GIA program allows for grant funding to be used
to fund production expenses as well as marketing expenses - both of which must be directly
related to the event or activity.
Additionally, the PCC has defined the event eligibility for consideration and award of the
modified GIA program, which requires events to be virtual or in-person passive. To be
considered for grant funding the event or activity must meet the current State and County health
and safety guidelines, including but not limited to size of gathering, type of gathering, adherence
to sanitization and distancing guidelines. Events that are political in nature, or represent a sole
party, candidate or affiliation are not eligible. Events must support the City’s meta goal of
economic recovery, stability, and resiliency and be in alignment with the City’s core values.
Grant requests must be for programs and events that occur during the funding cycle of July 1,
2020 – June 30, 2021. The complete list of program guidelines and specification are included as
Attachment A.
Additionally, the PCC has simplified the grant application which will be available as a digital
form for applicants to complete and submit (Attachment B). Applications submitted to the PCC
will be evaluated both in terms of the applicant and the grant proposal using the following
criteria:
• Organization must be a non-profit.
• Priority will be given to events that take place in the City of San Luis Obispo or events of
special benefit to the City of San Luis Obispo and its residents.
• Grant requests must be of cultural, social, and/or recreational benefit to the residents of the
City of San Luis Obispo.
• Events must be in line with public health and safety guidelines.
• Events must take place during the City’s fiscal year July 1, 2020 through June 30, 2021.
• Additional consideration will be given to events that address sustainability, diversity and
inclusivity practices.
• Events must support the City’s meta goal of economic recovery, stability, and resiliency and
be in alignment with the City’s core values.
• Application must adhere to the budget requirements outlined in the use of grant funding
including 25% of grant to be spent on marketing expenditures.
• Demonstrated financial need is considered, although events with potential promotional
benefit to the City of San Luis Obispo will be given higher consideration.
• Past grant performance of the organization is considered. Please note that integration of the
City’s logo and the recognition of the City’s support of the event are imperative to receive
grant funding for a consecutive year.
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The PCC will evaluate the effectiveness of this modified GIA program on an ongoing basis and will
modify the elements including applicant or event criteria, evaluation guidelines, and even the value
of the fixed grant amounts throughout the year as community needs evolve.
Program Communication & Outreach
The offering of this program will be widely communicated by the City and made accessible to
non-profit organizations within the City. The communication and outreach plan includes:
• Direct communication to previous GIA applicants and grant recipients
• Communication via the City website and social media channels
• Paid public notifications placements
• Press release to local media
• Partner organization outreach i.e. SLO Chamber of Commerce
Previous Council or Advisory Body Action
The following Council action was taken to support these recommendations:
• At the July 7, 2020 City Council meeting, the Council approved the 2020-21 Community
Promotions Program including the allocation of $100,000. (Attachment C)
The following advisory body actions were taken to support these recommendations:
• At the August 12, 2020 regular monthly meeting, the PCC approved the program
guidelines and application document for recommendation to City Council. (Attachment D)
Public Engagement
The public engagement was adequately done in order to prepare these recommendations to City
Council. All Advisory Body Meetings for the PCC were noticed in accordance with Brown Act
standards.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to the recommended action in this
report, because the action does not constitute a “Project” under CEQA Guidelines Sec. 15378.
FISCAL IMPACT
Budgeted: Yes Budget Year: 2020-21
Funding Identified: Yes
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Fiscal Analysis:
Funding Sources Current FY Cost
Annualized
On-going Cost
Total Project
Cost
General Fund –
Community Promotions $100,000 N/A $100,000
State
Federal
Fees
Other:
Total $100,000 N/A $100,000
During the adoption of the 2019-21 Financial Plan Supplement and 2020-21 Budget, the City
Council approved the PCC recommended allocation of $100,000 towards the Cultural GIA
program.
ALTERNATIVES
Deny request to authorize City Manager to execute various agreements and grant
expenditures for the Modified Cultural GIA Program. Staff does not recommend this
alternative because it will greatly reduce the efficiency and flexibility of the modified program to
meet the needs of the community.
Attachments:
a - 2020-21 Modified GIA Program Guidelines and Specification
b - 2020-21 Modified GIA Application (Draft)
c - Council Action Update dated 07/07/2020
d - Promotional Coordinating Committee Draft Minutes dated 08/12/2020
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City of San Luis Obispo Cultural Grants-In-Aid Program
FY 2020-21 Modified Program Guidelines and Specification
The City of San Luis Obispo's Promotional Coordinating Committee (PCC), under direction of the City Council,
recognizes that cultural, social and recreational organizations make significant contributions to the overall
quality of life in the City of San Luis Obispo. Accordingly, the City sponsors a Grants-In-Aid program to
promote such activities within the community. The City awards annual promotional grants totaling
approximately $100,000 to various organizations each year. Due to COVID-19 and the restrictions on group
gatherings, the PCC has temporarily modified the annual program to reflect the current environment for local
community events.
During fiscal year 2020-21, applications for the modified GIA program will be accepted throughout the year
and considered by the PCC monthly. Applications will be reviewed, and grants are awarded in accordance
with the criteria described herein and at the discretion of the PCC.
The funding amount per grant award will be fixed per application and the program will be discontinued once
the funding has been exhausted. Based on the program budget of $100,000, there is a total of 40 grants
available at the funding level of $2500 each.
Modified Cultural GIA Program Specifications:
1. Use of Funds: GIA funds are to be used for the production and marketing expenses related to execution
of an event or activity of cultural, social, and/or recreational benefit to the residents of the City of San
Luis Obispo.
2. Ongoing or Rolling Application Period: Applications for funding through the modified GIA program will be
accepted at any point throughout the year until funds are exhausted.
3. Application Submittal Deadline & Requirements: The cutoff date for application submittals is the 1st day
of each month. Applications received prior to or by 12:00 pm on the first day of each month will be
considered by the PCC during the next regular committee meeting. Example: Applications submitted
between September 2 – October 1 will be reviewed at the October 14 regular monthly meeting of the PCC.
All applications and supporting material must be submitted electronically through the digital GIA
Application FORM. Incomplete applications will not be accepted.
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4. Use of Grant Funding: Grant funding must exclusively be used to fund production and marketing expenses
directly related to the event or activity. Example expenditures include service fee for virtual platform,
COVID modifications, purchase of PPE, performer/artist/speaker. It is required that a minimum of 25%
($625) of the awarded funds must be spent on marketing/advertising expenses. Grants are not given for
the following expenses: office overhead, staff, equipment; scholarships / honoraria; or general
organization operating expenses.
5. Awarding of a Grant: Only one grant per event may be awarded, however organizations may be awarded
up to two separate grants within the fiscal year to support different programs.
6. Applicant Eligibility. To be considered for grant funding, organizations must have non -profit status
(Articles of Incorporation, 501(c)(3) or (c)(6) status, Federal ID number and Tax -Exempt Notification)
prior to grant submittal. Applicant organization must have a clearly stated purpose and function and
be responsible for the planning and provision of a cultural, social or recreational program/event.
Applicant must demonstrate that it has the managerial and fiscal competence to complete the
proposed project. The organization must be in good standing with the City. Final reporting and
organization history will be considered in funding recommendations and during each application
review. Organizations that received a prior promotional grant during a previous funding cycle must
have complied with all reporting requirements to be considered for a 2020-21 grant. The organization
must extend its program to the general public and may not exclude anyone by reason of race, religion,
sex, national origin, sexual orientation, age, physical, mental or economic status. The applicant
organization must comply with the final report evaluation process as requested by the Promotional
Coordinating Committee.
7. Event Eligibility: Events that are virtual or in-person passive are eligible for this grant. To be considered
for grant funding the event or activity must meet the current State and County health and safety
guidelines including but not limited to size of gathering, type of gathering, adherence to sanitization
and distancing guidelines. Events that are political in nature, or represent a sole party, candidate or
affiliation are not eligible. Events must support the City’s meta goal of economic recovery, stability,
and resiliency and be in alignment with the City’s core values. Grant requests must be for programs
and events that occur during the funding cycle of July 1, 2020 – June 30, 2021.
8. Application Evaluation: Applications submitted to the Promotional Coordinating Committee will be
evaluated both in terms of the applicant and the grant proposal using the following criteria:
• Organization must be a non-profit.
• Priority will be given to events that take place in the City of San Luis Obispo or events of special benefit
to the City of San Luis Obispo and its residents.
• Grant requests must be of cultural, social, and/or recreational benefit to the residents of the City of
San Luis Obispo.
• Events must be line with public health and safety guidelines.
• Events must take place during the City’s fiscal year July 1 through June 30.
• Additional consideration will be given to events that address sustainability, diversity and inclusivity
practices.
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• Events must support the City’s meta goal of economic recovery, stability, and resiliency and be in
alignment with the City’s core values.
• Application must adhere to the budget requirements outlined in the use of grant funding including
25% of grant to be spent on marketing expenditures.
• Demonstrated financial need is considered, although events with potential promotional benefit to
the City of San Luis Obispo will be given higher consideration.
• Past grant performance of the organization is considered. Please note that integration of the City’s
logo and the City’s support of the event are imperative in order to receive grant funding for a
consecutive year.
9. Application Disposition: Applications may be 1) Accepted or 2) Rejected by the PCC.
10. Disbursement of Funds: If the application is accepted by the PCC, the approved grant will be disbursed
via check within 60 days of receiving the signed grant agreement.
11. Final Reporting Requirements. If approved for funding, a final report including an administrator’s report,
statistical survey, financial report, recognition, and proof of funding must be turned in within 90 days of
funded event. Final report must be received and approved prior to submitting any additional applications.
12. Minimum Requirements: If approved for funding, event organizer will be held responsible to fulfill the
signed contract, final event reporting, repayment of unused or incorrectly used grant funds, and obtaining
all necessary permits for event use.
13. Committee Discretion: This application does not commit the PCC to award any grant or to pay any costs
incurred in the preparation of this application or to procure or contract for services or supplies. The City
through the PCC reserves the right to accept or reject any or all applications received, or to cancel in part
or in its entirety this application, if it is in the best interest of the City to do so. GIA funding are made
available at the City of San Luis Obispo PCC’s discretion.
How to Apply: The application must be submitted in the following manner
• Completed digital application submitted electronically through the digital GIA Application
FORM.
• tax exempt certification
• signed statement of limitations and payment disbursement (Attachment 4)
It is important that your application provide all the requested information. Clear, concise and original
applications are best.
Applications are due on or before 12:00 noon first day of each month for consideration that month.
PCC meetings are held on the second Wednesday of each month at 5:30 p.m. unless otherwise posted.
Requests for meeting attendance or questions can be sent to the City’s Tourism Manager Molly Cano at
mcano@slocity.org
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GIA APPLICATION FORM
DATE(S) OF
EVENT: ______________________________________________________________________
NAME OF
EVENT: ______________________________________________________________________
NAME OF ORGANIZATION:
ADDRESS OF ORGANIZATION: _________________________________________________
WEBSITE URL:________________________________________________________________
NAME OF EVENT CONTACT PERSON:
NAME OF ORG. CONTACT PERSON:
TELEPHONE NUMBER:
E-MAIL ADDRESS:
Please complete the entire application, answering all requests for information.
1. Provide a brief description of your organization and its cause including how this project or activity
supports the overall goals of the organization. (Word Limit: 250 max)
2. Provide a brief description of the event or activity the grant is being used to support. (Word Limit:
100 max)
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3. What is the expected event attendance? (Reference item 7 on the program specification document
for application guidelines and the Public Health guidance to ensure adherence)
4. Who is your target audience and how will you promote the event to reach your desired audience?
(Word Limit: 100 max and bulleted list is acceptable)
5. Do you plan to sell tickets or is it a free event?
Tickets____ Free____
If tickets are required, please provide the price range. ________________________________
6. Is your organization a local non-profit in the City of San Luis Obispo?
Yes ___ No ____
7. Will your event be held virtual, in person or a hybrid with both elements? (if completely virtual,
skip to question 10) (Reference item 7 on the program specification document for application
guidelines and the Public Health guidance to ensure adherence)
Virtual ___ In-Person Passive____ Hybrid____
8. Provide your safety plan describing how your event is adhering to gathering guidelines (social
distancing, reduced capacities, PPE, etc. Reference item 7 on the program specification document
for application guidelines and the Public Health guidance to ensure adherence) (Word Limit: 100
max and bulleted list is acceptable.)
9. Describe any environmental sustainability practices related to the event. (Word Limit: 100 max and
bulleted list is acceptable.)
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10. Describe how the organization will encourage inclusive participation from diverse populations. (Word
Limit: 100 max and bulleted list is acceptable.)
11. Grant Funding Allocation: Please provide the projected grant allocation in the chart below. Outline the
event component line item description for each projected expense and the corresponding projected
grant allocation. (Please note, a minimum of 25% or $625 of the grant funding must be allocated
toward marketing expenses.)
Event Component Expense Allocated Grant Amount
Total $
Be sure to include all supplemental materials as requested. Thank you.
Application due on the 1st of each month by 12:00 pm (noon) for consideration that month.
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Action Update
CITY OF SAN LUIS OBISPO CITY COUNCIL/DISASTER COUNCIL
Tuesday, July 7, 2020
Regular Meeting of the City Council / Disaster Council
CALL TO ORDER
A Regular Meeting of the San Luis Obispo City Council / Disaster Council was called to order on Tuesday,
July 7, 2020 at 6:00 p.m. via teleconference by Mayor Harmon.
A. RECEIVE AN UPDATE FROM THE EMERGENCY SERVICES DIRECTOR AND AFFIRM,
MODIFY OR REPEAL THE EMERGENCY SERVICES DIRECTOR PROCLAMATION
DATED JULY 1, 2020 CLOSING BARS AND OTHER ONSALE ALCOHOL SERVING
ESTABLISHMENTS OVER THE JULY 4, 2020 HOLIDAY WEEKEND AND LIMITING
BAR OCCUPANCY AND OTHER ONSALE ALCOHOL ESTABLISHMENTS TO 25%
UNTIL FURTHER ACTION
CARRIED 5-0 to adopt Resolution No. 11137 (2020 Series) entitled, “A Resolution of the City
Council of the City of San Luis Obispo, California, affirming actions of the Emergency Services
Director.” with modifications described in the agenda correspondence distributed prior to the Council
meeting.
APPOINTMENTS
1. ADVISORY BODY APPOINTMENT FOR AN UNSCHEDULED VACANCY ON THE
PROMOTIONAL COORDINATING COMMITTEE
CARRIED 5-0 to approve the appointment of Lori Lerian to the Promotional Coordinating
Committee as recommended by the Council Liaison Subcommittee.
CONSENT AGENDA
2. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES
CARRIED 5-0, to waive reading of all resolutions and ordinances as appropriate.
3. MINUTES REVIEW - JUNE 16, 2020 CITY COUNCIL MEETING
CARRIED 5-0, to approve the minutes of the City Council meeting held on June 16, 2020.
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Action Update – City of San Luis Obispo City Council Meeting of July 7, 2020 Page 2
4. ADDITION OF THE PROPERTY AT 1789 SANTA BARBARA AVENUE TO THE MASTER
LIST OF HISTORIC RESOURCES AS THE LOZELLE AND KATIE FLICKINGER
GRAHAM HOUSE
CARRIED 5-0, to adopt Resolution No. 11139 (2020 Series) entitled, “A Resolution of the City
Council of the City of San Luis Obispo, California, adding the property located at 1789 Santa Barbara
Avenue to the Master List of Historic Resources as “The Lozelle and Katie Flickinger Graham
House” (HIST -0144-2020).”
5. SECOND READING OF ORDINANCE NO. 1684 AND 1685 (2020 SERIES) INTRODUCED
BY THE CITY COUNCIL ON JUNE 16, 2020, TO ADD LOCAL AMENDMENTS TO THE
ENERGY CODE IN TITLE 15 AND TO AMEND TITLE 17 TO PROVIDE LIMITED TERM
REGULATORY FLEXIBILITY TO SUPPORT ALL-ELECTRIC NEW BUILDINGS
CARRIED 4-0-1 (COUNCIL MEMBER PEASE RECUSED), to
1. Adopt Ordinance No. 1684 (2020 Series) entitled, “An Ordinance of the City Council of the City
of San Luis Obispo, California, establishing the Clean Energy Choice Program by amending the
City of San Luis Obispo Building Code to require higher energy performance for newly
constructed structures” implementing an Energy Reach Code entitled “Local Amendments to Part
6 (Energy) of the 2019 California Building Code” adding Chapter 15.04.110, entitled
“Amendments – California Energy Code”, to the Municipal Code; and
2. Adopt Ordinance No. 1685 (2020 Series) entitled, “An Ordinance of the City Council of the City
of San Luis Obispo, California, amending Title 17 (Zoning Regulations) of the Municipal Code
supporting the Clean Energy Choice Program (PL-CODE-0062-2020)” implementing regulatory
flexibility through December 31, 2022 in support of the Clean Energy Choice Incentive Program;
and
3. Direct staff to submit the approved local amendments and accompanying required submittal
forms and information to the California Energy Commission to initiate the local amendments to
California Energy Code review and approval process.
6. REQUEST OF TRANSITIONS-MENTAL HEALTH ASSOCIATION TO REALLOCATE
AFFORDABLE HOUSING FUNDS FROM BRANCH STREET APARTMENTS TO BISHOP
STREET STUDIOS
CARRIED 4-0-1 (COUNCIL MEMBER CHRISTIANSON RECUSED), to adopt Resolution No.
11140 (2020 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo,
California, approving the reallocation of Affordable Housing Funds to Transitions-Mental Health
Association from Branch Street Apartments to Bishop Street Studios (in the amount of $20,644).”
7. ADOPT A RESOLUTION UPDATING THE CITY’S MASTER FEE SCHEDULE, THE
CURRENT FEE FOR ENVIRONMENTAL IMPACT DETERMINATION, AND APPLY
NEEDED CORRECTIONS TO ADOPTED FEES
CARRIED 5-0, to adopt Resolution No. 111041 (2020 Series) entitled, “A Resolution of the City
Council of the City of San Luis Obispo, California, adopting new fees and amending the 2020-21
Master Fee Schedule.”
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Action Update – City of San Luis Obispo City Council Meeting of July 7, 2020 Page 3
8. CONSIDERATION OF REMOVAL OF ADVISORY BODY MEMBER
CARRIED 5-0, to approve the removal of James Papp from the Cultural Heritage Committee.
PUBLIC HEARING ITEMS AND BUSINESS ITEMS
9. AUTHORIZATION TO PURCHASE TWO ELECTRIC TRANSIT VEHICLES
CARRIED 5-0 to approve the purchase of two electric buses for $1,744,259 using the California
Department of Goods and Services Statewide Cooperative Purchasing Contract.
10. 2020-21 COMMUNITY PROMOTIONS PROGRAM – TOURISM BUSINESS
IMPROVEMENT DISTRICT & PROMOTIONAL COORDINATING COMMITTEE
CARRIED 5-0 to
1. Authorize the City Manager to enter into various contracts and program expenditures for the
TBID not to exceed the 2020-21 program budget of $1,014,000 (excludes staffing costs) based
on the recommendations by the TBID Board and the adopted TBID Fund revenue projections as
part of the 2020-21 Budget Supplement; and
2. Authorize the City Manager to enter into contracts utilizing the TBID Fund un-appropriated fund
balance from the 2019-20 fiscal year, following the completion of the City’s audited financial
statements, for tourism marketing expenditures in 2020-21 based on the recommendations by the
TBID Board; and
3. Authorize the City Manager to use the TBID Fund Reserve of $100,000 for tourism marketing
expenditures in 2020-21 in accordance with the TBID reserve policy; and
4. Authorize the City Manager to enter into various contracts and program expenditures for
Community Promotions not to exceed the 2020-21 program budget of $368,000 (excludes staffing
costs) based on the recommendations by the PCC.
11. CONSIDERATION OF THE 2020-21 HUMAN RELATIONS COMMISSION GRANTS-IN-
AID FUNDING RECOMMENDATIONS
CARRIED 4-0-1 (COUNCIL MEMBER CHRISTIANSON RECUSED) to
1. As recommended by the Human Relations Commission, approve the 2020-21 Grants-in-Aid
funding allocations in the amount of $150,000; and
2. Authorize the Community Development Director to execute agreements with each grant recipient.
12. CREATION OF A DIVERSITY, EQUITY, AND INCLUSION TASK FORCE
CARRIED 5-0 to adopt Resolution No. 11142 (2020 Series) entitled, “A Resolution of the City
Council of the City of San Luis Obispo, California, creating the Task Force for Diversity, Equity and
Inclusion and defining its term and charge.”
With the following changes:
• Taskforce members shall reside in the County of San Luis Obispo and have frequent affiliation
and knowledge of the City
• Replace the word prejudice with discrimination
• Marginallized cultural groups
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Action Update – City of San Luis Obispo City Council Meeting of July 7, 2020 Page 4
13. NOVEMBER 3, 2020 GENERAL MUNICIPAL ELECTION
CARRIED 5-0 to adopt Resolution No. 11143 (2020 Series) entitled “A Resolution of the City
Council of the City of San Luis Obispo, California, calling for the holding of a General Municipal
Election to be held on Tuesday, November 3, 2020, for the election of certain Officers as required by
the provisions of the Charter, adopting regulations for Candidate Statements, and requesting the
Board Of Supervisors of the County Of San Luis Obispo to consolidate a General Municipal Election
with the Statewide General Election to be held on November 3, 2020, pursuant to § 10403 of the
Elections Code with the change to the Resolution as stated at the meeting.
ADJOURNMENT
The meeting was adjourned at 9:48 p.m.
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DRAFT Minutes – Promotional Coordinating Committee Meeting of August 12, 2020 Page 1
Minutes - DRAFT
PROMOTIONAL COORDINATING COMMITTEE
Wednesday, August 12, 2020
Regular Meeting of the Promotional Coordinating Committee
CALL TO ORDER
A Regular Meeting of the San Luis Obispo Promotional Coordinating Committee was called to
order on Wednesday, August 12, 2020 at 5:30 p.m., by Chair Matteson via teleconference.
ROLL CALL
Present: Chair Dana Matteson, Vice Chair John Thomas, Members Ryan Heath, Stephanie
Stackhouse, Lori Lerian and John Conner
Absent: Member Samantha Welch
Staff: Tourism Manager Molly Cano and City Clerk Teresa Purrington
PUBLIC COMMENT ITEMS NOT ON THE AGENDA
None
--End of Public Comment--
CONSENT ITEMS
ACTION: UPON MOTION BY VICE CHAIR CONNER, SECONDED BY COMMITTEE
MEMBER THOMAS, CARRIED 6-0-1 (WITH MEMBER WELCH ABSENT), to approve the
Consent Agenda items 1 thru 7.
C.1 Minutes of the Meeting on July 8, 2020
C.2 2020-21 Community Promotions Budget Report
C.3 Public Relations Report
C.4 Visitors Center Report
C.5 TOT Report
PRESENTATIONS
1. PUBLIC RELATIONS MONTHLY ACTIVITY UPDATE
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DRAFT Minutes – Promotional Coordinating Committee Meeting of August 12, 2020 Page 2
Jacqui Clark-Charlesworth, SLO Chamber provided a PowerPoint presentation and
responded to Committee inquiries.
Public Comment
None.
--End of Public Comment--
No action was taken on this item.
BUSINESS ITEMS
1. SUPPORT LOCAL PROGRAM - #SLOready
Tourism Manager Molly Cano provided a PowerPoint presentation and responded to
Committee inquiries.
Public Comment
None.
--End of Public Comment--
ACTION: UPON MOTION BY COMMITTEE MEMBER LERIAN, SECONDED BY
COMMITTEE MEMBER STACKHOUSE, CARRIED 6-0-1 (WITH MEMBER WELCH
ABSENT), to reallocate the funds in the amount of $2000 for Support Local Influencer
program back to the PCC budget.
2. 2020-21 CULTURAL GIA MODIFIED PROGRAM
Tourism Manager Molly Cano provided a PowerPoint presentation and responded to
Committee inquiries.
Public Comment
None.
--End of Public Comment--
ACTION: UPON MOTION BY COMMITTEE MEMBER HEATH, SECONDED BY
COMMITTEE MEMBER THOMAS, CARRIED 6-0-1 (WITH MEMBER WELCH
ABSENT) to forward an approval recommendation to City Council regarding the modified
guidelines and application, as amended at the meeting.
PCC LIAISON REPORTS AND COMMUNICATION
1. COMMITTEE OUTREACH UPDATE – COMMITTEE REPORT
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DRAFT Minutes – Promotional Coordinating Committee Meeting of August 12, 2020 Page 3
Member John Thomas informed the Committee that the Greek Festival offically cancelled their
event for September.
2. TBID BOARD REPORT – TBID Meeting Minutes: July 8, 2020
John Conner provided a brief overview of the TBID Board Meeting.
3. TOURISM PROGRAM UPDATE
Tourism Manager Cano provided a brief Tourism Program update.
ADJOURNMENT
The meeting was adjourned at 6:42 p.m. The next Regular Promotinal Coordinating Committee
meeting is scheduled for Wednesday, September 9, 2020 at 5:30 p.m., via teleconference.
APPROVED BY THE PROMOTIONAL COORDINATING COMMITTEE: XX/XX/2020
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Department Name: Community Development
Cost Center: 4003
For Agenda of: September 1, 2020
Placement: Public Hearing
Estimated Time: 60 minutes
FROM: Michael Codron, Community Development Director
Prepared By: Rachel Cohen, Associate Planner
SUBJECT: REVIEW OF THE 6TH CYCLE HOUSING ELEMENT UPDATE AND A
NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT
RECOMMENDATION
1. Consider the Planning Commission recommendation to adopt a Resolution approving the
Housing Element Update and the changes incorporated into the Housing Element based on
Planning Commission direction; and
2. Direct staff to make updates to the Housing Element, consistent with feedback provided by
the Planning Commission and the State’s Department of Housing and Community
Development (HCD); and
3. Authorize staff to continue to work with HCD to ensure that the document fully complies
with its guidelines; and
4. Direct staff to return to the City Council for final approval of the Housing Element, following
HCD’s determination that it fully complies with State law and HCD guidelines.
REPORT-IN-BRIEF
The Housing Element is a State required element of the City’s General Plan that must be updated
according to a cycle established by HCD. Updating the Housing Element is a key step in the
City’s efforts to expand affordable housing opportunities and is required by California
Government Code Sections 65580- 65589.8. The deadline for adoption of the updated Housing
Element is December 31, 2020. Once adopted, the under review “6th Cycle” Draft Housing
Element will replace the current Housing Element adopted by the City and certified by the State
in 2015 and will become the guiding document for City housing actions through 2028. The
update process is a tool to modify housing policies and programs to reflect the chang ing needs,
resources, and conditions in the community, and to respond to changes in state and federal
housing law.
Over the last year, the City of San Luis Obispo, as well as the County and other cities within the
County have been in the process of updating their Housing Elements based on the new 6th Cycle
Regional Housing Needs Allocation (RHNA) requirements enforced by HCD. The Housing
Element has been updated in response to input received through multiple public presentations,
meetings, online surveys, and a workshop, as well as other correspondence received over the past
year.
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Additionally, in coordination with the County, all cities within the County, and San Luis Obispo
Council of Governments (SLOCOG), a new chapter (Chapter 4) is proposed to be added to the
City’s Housing Element. Chapter 4 contains a regional vision and includes policies focused
specifically on fostering regional collaboration to plan and develop housing and supportive
infrastructure.
On July 22, 2020, the Planning Commission recommended the City Council approve the
Negative Declaration of Environmental Impact and adopt the Draft Housing Element update
(Attachment B). A complete version of the Draft Housing Element can be found on the City’s
Housing Element website at: https://www.slocity.org/government/department-
directory/community-development/affordable-housing/housing-element.
Once a jurisdiction has completed a draft update to its housing element, it is required to be
submitted for review and certification by the State of California. The Housing Element is the
only Element in the City’s General Plan that requires this review and certification process. HCD
has been tasked to review Housing Elements for compliance with state law. HCD has 60 days to
review the draft Housing Element and work with the City on any changes to the document. At
the end of the 60 days, HCD issues a letter with its findings. The letter is usually a good indicator
that HCD will certify the Housing Element, with recommended modifications, once it is adopted
by the City Council. Having a certified Housing Element allows the City to access State funds
for future housing projects.
On July 7, 2020, the City submitted a draft of the Housing Element Update to HCD for review.
On August 6, 2020, City staff held a phone conference with staff from HCD to discuss their
preliminary review of the Draft Housing Element Update. HCD staff provided direction
regarding needed technical changes including items such as additional clarification and
information regarding the City’s analysis of its housing inventory and asked that the City add
specific quantitative language to some of the proposed programs. Overall, HCD was supportive
of the City’s efforts and strategies to increase housing affordability and production. Staff is
currently working closely with HCD to address these items and achieve a determination of
compliance with State law.
Currently, staff is recommending the City Council adopt a resolution endorsing the proposed
modifications to the Housing Element Update. Staff will return to Council for final approval of
the Housing Element Update once HCD determines that the updated draft is consistent with its
guidelines.
DISCUSSION
Housing Element Update and Regional Housing Needs Allocation
State law establishes a schedule for cities and counties to periodically update their Housing
Elements of the General Plan. Under this schedule, the City’s Housing Element update is due to
HCD by December 31, 2020 and has until the end of April 2021 to receive HCD certification. As
a part of this update, the City is required to develop programs designed to meet its share of the
surrounding region’s housing needs for all income groups, as determined by the region’s council
of governments.
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The Regional Housing Needs Allocation (RHNA) process ensures that each jurisdiction accepts
responsibility, within its physical and financial capability to do so, for the housing needs of its
residents and for those people who might reasonably be expected to move there. The City has
been allotted a RHNA of 3,354 housing units to plan for in the new 6th Cycle Housing Element.
Table 1: Regional Housing Needs Allocation (RHNA) for San Luis Obispo County,
Jan. 2019 – Dec. 2028
Very
Low
Income
24.6%1
Low
Income
15.5%1
Moderate
Income
18.0%1
Above
Moderate
Income
41.9%1
Totals Percent
City RHNA to
Total RHNA
Number of Units
Arroyo Grande 170 107 124 291 692 6%
Atascadero 207 131 151 354 843 8%
Grover Beach 91 57 66 155 369 3%
Morro Bay 97 60 70 164 391 4%
Paso Robles 356 224 259 607 1,446 13%
Pismo Beach 113 71 82 193 459 4%
San Luis Obispo 825 520 603 1,406 3,354 31%
Unincorporated County 801 505 585 1,365 3,256 30%
Totals 2,660 1,675 1,940 4,535 10,810 100%
Source: San Luis Obispo Council of Governments (SLOCOG), 2019
1Percent of total housing need in each jurisdiction.
Residential Development Capacity
As part of the Housing Element update process, jurisdictions must document their residential
land capacity to show how their RHNA can be met. The City has completed this analysis and has
approximately 359 acres of vacant, underutilized, blighted, or underdeveloped property that can
accommodate approximately 3,155 dwelling units (a substantial portion of these units are located
with the Avila Ranch planning area and San Luis Ranch Specific Plan). In addition, the City has
issued building permits for 537 residential units within the 6th Cycle planning period. 729
residential units have received planning entitlements and an estimated 995 units are in the
pipeline (a number of these units are located with the Orcutt Area Specific Plan, Froom Ranch
Area, and 650 Tank Farm). Based on these numbers, the City’s residential capacity exceeds the
3,354-unit RHNA, and therefore, a property rezoning program will not be required by HCD for
certification of the City’s Housing Element update.
Previous Advisory Body and Council Review
Kick-off of the 6th Cycle Housing Element update began in April 2019 with a Public Forum on
Housing, followed by a Study Session with the City Council that included an update on the
City’s housing programs. This City Council update included a status report on the Housing
Major City Goal for FY 2017-19 and 2019-21, State housing law, Housing Element and required
update, production and housing affordability.
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This Study Session was also presented to the Planning Commission later in April. Below is a
timeline of the advisory body meetings that have occurred about the 6th Cycle Housing Element
Update:
• Planning Commission Meeting – July 22, 2020
• Planning Commission Meeting – June 10, 2020
• Human Relations Commission Meeting – June 3, 2020
• Planning Commission Meeting – April 24, 2019
• Public Forum and City Council Meeting – April 2, 2019
Comments and direction provided at these meetings, as well as through public engagement and
the Housing Major City Goal were important for informing proposed modifications to the
Housing Element Update.
Public Engagement
In addition to discussing the Housing Element update at public meetings, the City facilitated
several presentations, two online surveys, and a public workshop.
• Online Survey – June 8, 2020 – June 24, 2020
• Chamber of Commerce (Economic Development Committee) – June 4, 2020
• Economic Vitality Corporation and the Home Builders Association – May 13, 2020
• Chamber of Commerce (Economic Development Committee) – April 2, 2020
• Online Survey – December 10, 2019 – January 10, 2020
• Housing Element Workshop – December 10, 2019
• Association of Realtors – July 23, 2019
In December 2019, prior to COVID-19, the City hosted an in-person workshop and an online
survey to garner feedback on the needs, issues, and opportunities of housing within the City of
San Luis Obispo. Approximately 30 people participated in the workshop and 77 people
participated in the online survey. This is equivalent to 5.4 hours of public comment at 3 minutes
per response. The following is an overview of public feedback and comments received for each
category, which were considered and incorporated into Chapter 3 (Goals, Policies, and
Programs) of the Housing Element Update where appropriate:
1. Needs
• Affordable housing
• Workforce (missing middle) housing
• Housing for families
• Student housing
• Senior housing
• Housing near employment
• More housing
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2. Issues
• Affordable housing
• Insufficient number of housing units to rent or purchase
• Not enough diversity in the types of housing
• Higher density housing
3. Opportunities
• Increase residential densities where appropriate, such as downtown
• Provide more student housing on campus
• Rehabilitate existing housing resources
The City provided another opportunity for the community to provide specific feedback regarding
the proposed modifications to Chapter 3 (Goals, Policies & Programs) of the Housing Element.
This was accomplished through another online survey in the place of an in-person public
workshop during the COVID-19 restricted activity period. 337 individuals visited the survey and
78 individuals responded to the questions (this is equivalent to 3.9 hours of public comment at 3
minutes per response). The second online survey asked participants to note if anything that was
missed or needed to be modified in the proposed changes, if there were additi onal housing topics
that should be considered, and requested ideas on how to increase the production and
affordability of housing in the community.
The responses identified housing concepts that are included throughout various goals, policies,
and programs such as:
• Promote ADA/special needs housing
• Promote affordable senior housing projects
• Support high density housing developments
• Support local preference
• Infrastructure planning (e.g. pedestrian, bicycle, improvements, etc.)
• Include amenities within housing developments such as: community gardens, common
open space, parks, car share programs, and edible landscaping.
• Affordable housing
• Senior housing
• Homeless/Transition housing
The responses also included ideas for increasing production and affordability of housing that
staff will consider with program implementation. These ideas include:
• Update Inclusionary Housing Ordinance
• Reduce setback requirements
• Pre-approved ADU plans
• Reduce parking requirements
• Higher density and taller buildings in Downtown
• Reduce fees
• Round all densities to the nearest 0.5
• Upzone each residential zone to the next highest density
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Goals, Policies and Programs – Chapter 3
The 6th Cycle Draft Housing Element and its appendices (Attachment D) include information
such as updated demographic and residential capacity information, housing constraints and
resources, and implementation. The core of the Housing Element, however, falls under Chapter
3: Goal, Policies and Programs, which provides direction and a plan for how the City will
achieve the accommodation of 3,354 units as required by HCD.
Chapter 3 of the Housing Element has been updated in response to input received through 12
presentations, meetings, online surveys, and a public workshop, as well as other correspondence
over the past year and a half. Staff presented to the Planning Commission on June 10, 2020 and
July 22, 2020 regarding proposed modifications to the Housing Element’s goals, policies and
programs based on public comment, the changing needs, resources, and conditions in the
community, and state law. The Planning Commission provided direction to staff regarding those
modifications. The tables in the following discussion and Attachment C show legislative changes
in red and changes based on the Planning Commission direction in blue.
The City Council should review the proposed modifications to Chapter 3 and provide comments
or direction as appropriate. Some of the more substantive proposed changes or additions are
highlighted below for consideration, however, the City Council may comment and/or provide
direction on any of the goals, policies, or programs within Chapter 3. A brief description is
provided explaining why the proposed modification or addition or removal better achieves
housing goals or state requirements. Modifications are broken into four tables: 1) New or
Modified Goals, Policies, and Programs; 2) Removed Goals, Policies, and Program; 3) Zoning
Regulations Update; and 4) AB 1600 and Fee Schedule Update.
New or Modified Goals, Policies, and Programs
Org
#
New
# Goal Goal/Policy/Program Reason for Modification
New or Modified Goals, Policies, and Programs
1.4 Safety Assist owners of older residences
with information on ways to repair
and upgrade older structures to meet
higher levels of building safety,
efficiency, and sustainability.
Per Planning Commission (PC) comments on
June 10, 2020, staff is recommending a new
policy that supports improvements to older
residential structures.
2.15 2.13 Affordability Update the Inclusionary Housing
Ordinance, including Table 2A,
based on findings and
recommendations in the 2020
Affordable Housing Nexus Study
and conduct further feasibility
analysis in order to Eevaluate the
Inclusionary Housing Ordinance
requirements and the effect of Table
2A on the City’s ability to provide
affordable housing in the
proportions shown in the Regional
Housing Needs Allocation, per
Policy 2.4.
In March of 2020, the City completed the 2020
Affordable Housing Nexus Study. The Study’s
findings and recommendations indicate that the
City’s Inclusionary Housing Ordinance needs to
be updated to better reflect the correct
proportion of inclusionary affordable units
required as a part of new development within the
City. This program has been added to recognize
and prioritize this work effort.
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Org
#
New
# Goal Goal/Policy/Program Reason for Modification
New or Modified Goals, Policies, and Programs
2.15 Affordability Evaluate a flexible density pilot
program and initiate an update of the
Zoning Regulations and Community
Design Guidelines to incorporate
flexible density development
options in Downtown Core and
portions of Upper Monterey and
Mid-Higuera Special Focus Areas to
support the production of smaller
residential units (150 to 600 square
feet).
This program was recommended in part by input
from the community and the work program
associated with the Housing Major City Goal.
The community and Council identified that the
Downtown Core and portions of Upper
Monterey and Mid-Higuera Special Focus Areas
could be appropriate for higher density housing
development. The program seeks to evaluate
how the City might allow flexible density
beyond what is allowed in these areas to support
the production of smaller units (150-600 square
feet in size).
4.6 4.6 Mixed-Income
Housing
Consider aAmending the City’s
Inclusionary Housing Ordinance and
Affordable Housing Incentives to
require that affordable units in a
development be of similar size,
number of bedrooms, character and
basic quality as the nonrestricted
units in locations that avoid
segregation of such units including
equivalent ways to satisfy the
requirement. Also evaluate adjusting
the City’s allowable sales prices for
deed-restricted affordable units per a
variety of unit types.
The Inclusionary Housing Ordinance was last
reviewed in 2007. Based on community
feedback, staff is recommending language be
added to the program to include consideration
and clarification regarding affordability (by unit
type), location of affordable units (onsite,
dispersion, off-site, etc.), equivalent size of units
(number of bedrooms), and equivalent options to
meet these requirements. This modification
seeks to address concerns that projects meet
inclusionary requirements with smaller units,
units on a separate property, or units constructed
by another entity.
Goal
5
Goal
5
Housing
Variety
Goal 5 – Housing Variety and
Tenure. Provide variety in the
location, type, size, tenure, and style
of dwellings.
Staff is recommending that this goal, and several
of the policies within, be modified to focus on
housing variety rather than tenure which is
covered under Goal 3: Housing Conservation.
5.3 Housing
Variety
Encourage the development of a
variety of “missing middle” housing
types.
This policy is based on community feedback and
the work program associated with the Housing
Major City Goal to address the need for more
housing. Missing middle housing types include
duplexes, triplexes, quadplexes, cottages, etc.
Policy 5.4 also replaces Program 2.16 which
discusses workforce housing. Creating a
workforce level of affordability was examined
and found that it could not be successfully
implemented on a citywide basis as there are no
existing State standards for such an income
level. Policy 5.4 sets the framework for the
newly proposed Program 5.6.
5.4 Housing
Variety
Evaluate opportunities for
promoting “missing middle”
housing types (e.g. duplex, triplex,
quadplex, cottages, etc) to increase
housing options in the City.
To implement new Policy 5.3, this program
proposes that the City evaluate ways in which to
increase the number of housing units available
to the missing middle by specifically exploring
ways to promote specific housing types such as
duplexes, triplexes, quadplexes, cottages, etc.
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Org
#
New
# Goal Goal/Policy/Program Reason for Modification
New or Modified Goals, Policies, and Programs
6.8 6.6 Housing
Production
Consistent with the City’s goal to
stimulate higher density infill where
appropriate in the Downtown Core
(C-D Zone), Upper Monterey, and
Mid-Higuera Special Focus Areas,,
the City shall consider changes to
the Zoning Regulations that would
allow for flexible density standards
that support the development of
smaller apartments and efficiency
units.
This policy was updated to encourage additional
residential units not only in Downtown, but in
Upper Monterey and Mid-Higuera Special
Focus Areas consistent with the City’s Major
City Goal work program and new Program 2.15.
6.13 6.12 Housing
Production
Continue to develop incentives to
encourage additional housing in the
Downtown, Upper Monterey, and
Mid-Higuera Special Focus Areas
Downtown Core (C-D Zone),
particularly in mixed-use
developments. Density based on
flexible density average unit size in
a project should be explored to
encourage the development of
smaller efficiency units.
This program was modified to be consistent with
Policy 6.6 and support the City’s Major City
Goal work program and new Program 2.15.
Goal
7
Goal
7
Neighborhood
Quality
Goal 7 - Neighborhood Quality.
Maintain, preserve and enhance the
quality and livability of
neighborhoods. encourage
neighborhood stability and owner
occupancy, and improve
neighborhood appearance, function
and sense of community.
Staff is recommending that this goal be modified
to focus on providing quality of life in
neighborhoods, removing language associated
with neighborhood stability and owner
occupancy. This language was removed to focus
the goal on neighborhood quality, amenities, and
access and not on whether a neighborhood has
renter or owner-occupied housing. Focus on
home ownership is included in Goal 10. This
modified language is consistent with Goal 7’s
existing policies and programs that focus on
amenities, outdoor space (public/private),
walkability, access to transit, schools, parks,
commercial centers, maintaining setbacks, and
overall character and quality of established
neighborhoods.
---- 7.9 Neighborhood
Quality
Encourage neighborhood design
elements that improve overall health
of residents such as providing safe
and convenient opportunities to
access healthy food and attractive
places for recreational exercise.
This is a new policy that has been added per
recommendation of the Planning Commission to
address public health and housing.
---- 7.14 Neighborhood
Quality
Encourage new developments with
10 or more residential units be
reviewed and scored by the Healthy
Communities Work Group prior to
submitting a planning application to
the City.
This is a new program recommended by the
Planning Commission to support Policy 7.9.
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Org
#
New
# Goal Goal/Policy/Program Reason for Modification
New or Modified Goals, Policies, and Programs
---- 7.15 Neighborhood
Quality
Encourage developments with 10 or
more residential units to include the
following: outdoor visiting and
gathering spaces, places to exercise
or recreate, and spaces reserved for
edible landscape or community
gardens.
This is a new program recommended by the
Planning Commission to support Policy 7.9.
Goal
10
Goal
10
Local
Preference
Maximize affordable housing
opportunities for those individuals
who are employed in business that
are located in geographic areas that
are customarily included in the
City’s annual jobs-housing balance
analysis who live or work in San
Luis Obispo while seeking to
balance job growth and housing
supply.
Based on community feedback and a need for
more housing for local individuals who work in
the City or nearby vicinity, staff is
recommending Goal 10 be updated to focus on
providing housing for individuals who are
employed in business that are located in
geographic areas that are customarily included
in the City’s annual jobs-housing balance
analysis.
10.2 Local
Preference
Encourage, and where legally
allowed, require new housing
development to give preference in
the following order: 1) individuals
who are employed in business that
are located in geographic areas that
are customarily included in the
City’s annual jobs-housing balance
analysis, 2) individuals residing in
the County, and 3) finally to
individuals from outside the County.
This is a new policy that staff is recommending
to support proposed revisions to Goal 10. This
policy sets preferences for new for-sale housing
developments in the initial offering and sales to
improve the City’s jobs-housing balance, reduce
competition from outside buyers and allow those
that work in the City the opportunity to live in
the City, thereby reducing commute times.
10.4 Local
Preference
Encourage residential developers to
sell or rent their projects to those
residing or employed in the City
first before outside markets.
Staff is recommending that the City continue to
work with housing developers to limit for sale
units to owner-occupants for the first five years
after sale. This is a strategy that has been
implemented as part of the Avila Ranch and San
Luis Ranch projects to encourage local home
ownership opportunities rather than outside
investor properties.
Removed Goals, Polices, and Programs
Over the last several years, the City has been able to implement various policies and programs,
as well as determine that other policies and programs no longer fit the current needs and issues of
the community or no longer comply with new state regulations. As such, staff is recommending
the following be removed from the 6th Cycle Housing Element.
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Org
# Goal Goal/Policy/Program Reason for Removal
Removed Goals, Policies, and Programs
3.3 Housing
Conservation
Encourage seismic upgrades of older
dwellings to reduce the risk of bodily
harm and the loss of housing in an
earthquake.
All multi-family structures have been retrofitted and
single-family residences are exempt from seismic
retrofits. Additionally, any upgrades to older residential
structures is now covered in the proposed new Policy
1.4.
3.8 Housing
Conservation
Adopt an ordinance that implements
policy 3.2 to discourage removal or
replacement of affordable housing.
Affordable housing units are protected by the State of
California Housing Accountability Act, SB 330 (see
Policy 3.2), and the “no net loss” requirements of SB
166. An ordinance is no longer required.
6.2 Housing
Production
New commercial developments in the
Downtown Core (C-D Zone) shall
include housing, unless the City makes
one of the following findings:
Housing is likely to jeopardize the
health, safety or welfare of residents or
employees; or
The property’s shape, size, topography
or other physical factor makes
construction of new dwellings
infeasible.
Updated to be consistent with Zoning Regulations
update. The Zoning Regulations require housing as a
part of any development within the downtown.
6.6 Housing
Production
Property located behind the former
County General Hospital shall be
designated a “Special Considerations”
zone and may be considered suitable
for residential development after
further analysis and environmental
review, provided that development be
limited to site areas with average slopes
of less than 20 percent, that
approximately one-half of the total site
area be dedicated for open space and/or
public use, and that an additional water
tank be provided if determined
necessary to serve new development.
Completed as a part of the LUE update as part of the
special focus areas section; Program 8.6. General
Hospital Site.
8.3 Special
Housing
Needs
Encourage manufactured homes in
Specific Plan Areas by:
A) When the City considers adopting
new specific plans, including policies
that support
owner-occupied manufactured
home parks with amenities such as
greenbelts, recreation facilities, and
shopping services within a master
planned community setting. Such parks
could be specifically designed to help
address the needs of those with
mobility and transportation limitations.
Manufactured homes are allowed in all residential
zones; applicants have not shown any interest in
creating new manufactured home parks. New, higher
density development is more efficient and cost effective.
The most recent affordable housing projects have all
been multi-family apartments.
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Org
# Goal Goal/Policy/Program Reason for Removal
Removed Goals, Policies, and Programs
B) Establishing lot sizes, setback, and
parking guidelines that allow for
relatively dense placement of
manufactured homes within the master
planned neighborhood.
C) Locating manufactured home parks
near public transit facilities or provide
public transportation services to the
manufactured home parks to minimize
the need for residents to own
automobiles.
9.3 Sustainable
Housing, Site
and
Neighborhoo
d Design
Preserve the physical neighborhood
qualities in the Downtown Planning
Area that contribute to sustainability.
Some ways to do this include:
A) Maintain the overall scale, density
and architectural character of older
neighborhoods surrounding the
Downtown Core.
B) Encourage the maintenance and
rehabilitation of historically designated
housing stock.
The Historic Preservation Ordinance preserves and
protects historic structures and districts. Additionally,
the Conservation and Open Space Element includes
Policies 3.3.4, 3.3.5, that direct preservation of historic
buildings, districts, and neighborhoods. Program 3.6.3
directs construction within historic districts.
Goal
11
Suitability Goal 11 - Suitability. Develop and
retain housing on sites that are suitable
for that purpose.
Policies and programs within Goal 11 are covered by the
other Goals of the Housing Element, the Housing Major
City Goal, the Conservation and Open Space Element,
the Land Use Element, and the Safety Element.
11.1 Suitability Where property is equally suited for
commercial or residential uses, give
preference to residential use. Changes
in land use designation from residential
to non-residential should be
discouraged.
See discussion under Goal 11 above.
11.2 Suitability Prevent new housing development on
sites that should be preserved as
dedicated open space or parks, on sites
subject to natural hazards such as
unmitigable geological or flood risks,
or wild fire dangers, and on sites
subject to unacceptable levels of man-
made hazards or nuisances, including
severe soil contamination, airport noise
or hazards, traffic noise or hazards,
odors or incompatible neighboring
uses.
See discussion under Goal 11 above.
11.3 Suitability The City will continue to ensure the
ability of legal, non-conforming uses to
continue where new development is
proposed.
See discussion under Goal 11 above.
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Regional Vision for Housing – Chapter 4
San Luis Obispo County is a rural coastal county with seven cities and numerous unincorporated
communities that depend on collaborative relationships between and among government agencies,
community organizations, and residents to solve the region’s significant issues including
inadequate supply of affordable housing and resilient water, wastewater, and transportation
infrastructure and resources. In early 2020, local agencies adopted a San Luis Obispo Countywide
Regional Compact to establish a united regional framework to unlock our potential to develop an
adequate supply of housing and infrastructure that support our economic prosperity.
The County and all seven Cities worked collaboratively to develop the region’s first Reg ional
Infrastructure and Housing Strategic Action Plan (Regional Plan) that identifies actions to address
these issues. A key component of the Regional Plan is the integration of efforts to address critical
housing and related infrastructure needs. As part of the Housing Element update process,
representatives of the County, seven Cities and San Luis Obispo Council of Governments
(SLOCOG) developed Chapter 4 (see Attachment 3, Draft Housing Element) to showcase the
ongoing commitment of each agency to this collaborative effort. Chapter 4 presents a regional
vision and eight policies focused specifically on fostering regional collaboration to plan and
develop housing and supportive infrastructure.
Planning Commission Action
On July 22, 2020, the Planning Commission unanimously recommended the City Council adopt a
resolution approving updates to the City’s Housing Element and Negative Declaration of
Environmental Impact. The Planning Commission provided feedback at both the June 10th and
July 22nd meetings regarding minor revisions to the goals, policies and programs, including an
additional policy and two new programs to address healthy communities. The proposed
modifications of the Planning Commission are highlighted in Attachment C in blue text.
California Department of Housing and Community Development (HCD)
Once a jurisdiction has completed a draft update to its housing element, it is required to be
submitted for review and certification by the state of California. The Housing Element is the only
Element in the General Plan that requires this review and certification process. The Department of
Housing and Community Development (HCD) has been tasked to review Housing Elements for
compliance with state law. HCD has 60 days to review the draft Housing Element and work with
the City on any changes to the document. At the end of the 60 days, HCD issues a letter with their
findings. The letter is usually a good indicator that HCD will certify the Housing Element, with
their recommended modifications, once it is adopted by the City Council. Having a certified
Housing Element allows the City to access state funds for future housing projects.
On July 7, 2020, the City submitted a draft of the Housing Element Update to HCD for review.
On August 6, 2020, City staff held a phone conference with staff from HCD to discuss their
preliminary review of the draft Housing Element Update. HCD provided direction regarding
needed technical changes including items such as additional clarification and information
regarding the City’s analysis of its housing inventory and asked that the City add specific
quantitative language to some of the proposed programs. Overall, HCD was supportive of the
City’s efforts and strategies to increase housing affordability and production. Staff is currently
working closely with HCD to address these items and achieve a determination of compliance with
state law.
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Policy Context
The proposed amendments to the Housing Element are consistent with other land use goals and
policies of the General Plan.
CONCURRENCE
Staff comments have been incorporated into the draft Housing Element.
ENVIRONMENTAL REVIEW
A Negative Declaration of Environmental Impact is recommended for the Housing Element
Update (Attachment E). No potentially significant or significant impacts were identified. A
Negative Declaration is therefore recommended for adoption in accordance with CEQA
Guidelines section 15063(b)(2): “The lead agency shall prepare a negative declaration if there is
no substantial evidence that the project or any of its aspects may cause a significant effect on the
environment.” A 30-day public comment period was opened on July 9, 2020. A Notice of Intent
to Adopt was filed with the County- Clerk Recorder and the State Clearing House.
FISCAL IMPACT
Budgeted: No Budget Year:
Funding Identified: No
Fiscal Analysis:
Funding Sources Current FY Cost
Annualized
On-going Cost
Total Project
Cost
General Fund N/A
State
Federal
Fees
Other:
Total
There is no direct fiscal impact associated with this action. The Housing Element Update is a
work program in the Housing Major City Goal adopted as part of the 19-21 Financial Plan.
ALTERNATIVES
1. Modify the Proposed 6th Cycle Housing Element. The Council may modify the proposed
Housing Element. Specific direction should be given to staff regarding any modifications.
2. Continue the review of the 6th Cycle Housing Element. An action to continue the item
should include direction to staff on pertinent issues.
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Attachments:
a - Draft Resolution
b - Planning Commission Resolution No. PC-1017-2020
c - Chapter 3 Legislative Matrix
d - COUNCIL READING FILE - Draft Housing Element
e - COUNCIL READING FILE - Initial Study
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R ______
RESOLUTION NO. _____ (2020 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, ENDORSING A NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT AND AMENDMENTS TO THE HOUSING
ELEMENT OF THE GENERAL PLAN AS REPRESENTED IN THE
COUNCIL AGENDA REPORT AND ATTACHMENTS DATED
SEPTEMBER 1, 2020 (GENP-0217-2020 & EID-0218-2020)
WHEREAS, State law requires cities and counties to adopt a general plan. The General
Plan includes nine required elements, one of which is the Housing Element. The Housing Element
must be updated every eight (8) years or as otherwise provided by State law; and
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a web
based public hearing, on July 22, 2020, and recommended that the City Council approve a Negative
Declaration of Environmental Impact and amendments to the Housing Element to address the
changing needs, resources, and conditions in the Community, as required by State law; and
WHEREAS, the City Council of the City of San Luis Obispo conducted a web based
public hearing, on September 1, 2020, for the purpose of considering the Negative Declaration of
Environmental Impact and amendments to the Housing Element; and
WHEREAS, the City facilitated 12 presentations, meetings, online surveys, and a public
workshop to identify housing needs, issues and opportunities in the community and inform policy
and program changes for the 6th Cycle Housing Element Update; and
WHEREAS, notices of said public hearing 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 RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Findings. This Council, after considering the 6th Cycle Housing Element
update, the Planning Commission’s recommendations, staff recommendations, public testimony
and correspondence, and reports thereon, makes the following findings:
1. The proposed amendments included in the draft 6th Cycle Housing Element are consistent
with other land use goals and policies of the General Plan.
2. The proposed amendments are appropriate and necessary to ensure that the City’s Housing
Element meets State law and the changing needs, resources, and conditions in the
community.
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Resolution No. ______ (2020 Series) Page 2
3. The City facilitated 12 presentations, meetings, online surveys, and a public workshop to
identify housing needs, issues and opportunities in the community and inform policy and
program changes for the 6th Cycle Housing Element Update.
4. The City has evaluated its ability to accommodate its Regional Housing Need Allocation
(RHNA) number of 3,354 dwellings by December 2028 and determined there is sufficient
land suitable for residential development to accommodate the RHNA number within the
planning period.
5. Achieving Housing Element State certification will promote affordable housing
opportunities and help achieve adopted housing goals by making the City eligible for
various housing grants and financial incentives, and will foster cooperation among local
and state agencies in addressing an urgent need for affordable housing in the City.
SECTION 2: Environmental Review. The City Council does hereby endorse a Negative
Declaration of Environmental Impact in accordance with CEQA Guidelines section 15063(b)(2):
“The lead agency shall prepare a negative declaration if there is no substantial evidence that the
project or any of its aspects may cause a significant effect on the environment.”
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Resolution No. ______ (2020 Series) Page 3
SECTION 3. Action. The City Council does hereby approve the proposed amendments
to the Housing Element, which is incorporated herein by reference subject to final review of
approval of sections by the State Department of Housing and Community Development and any
changes shall be brought back for final approval.
Upon motion of Council Member ___________________, seconded by Council Member
__________________, and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of ___________ 2020.
____________________________________
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, on _____________________.
____________________________________
Teresa Purrington
City Clerk
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GENP-0217-2020 & EID-0218-2020
Attachment B: Housing Element Chapter 3 Legislative Draft Matrix
The matrix below provides a legislative draft of Housing Element Chapter 3: goals, polices, and
programs. Each modification is shown in red; modifications based on Planning Commission
direction and public comment are shown in blue. Policies are highlighted in gray.
# New # Goals Policy/Program Reason for Modification
Goal 1 - Safety: Provide safe, decent shelter for all residents.
1.1 1.1 Safety Assist those citizens unable to obtain safe shelter
on their own.
1.2 1.2 Safety Support and inform the public about fair housing
laws and programs that allow equal housing
access for all city residents.
1.3 1.3 Safety Maintain a level of housing code enforcement
sufficient to correct unsafe, unsanitary or illegal
conditions and to preserve the inventory of safe
housing, consistent with City Council’s code
enforcement priorities.
Updated to be consistent with current
code enforcement priorities.
1.4 Safety Assist owners of older residences with
information on ways to repair and upgrade older
structures to meet higher levels of building safety,
efficiency, and sustainability.
Per Planning Commission (PC)
comments on June 10, 2020, staff is
recommending a new policy that
supports improvements to older
residential structures.
1.4 1.5 Safety Correct unsafe, unsanitary or illegal housing
conditions, improve accessibility and energy
efficiency and improve neighborhoods by
Rehabilitate using Federal, State and local
housing funds, such as Community Development
Block Grant Funds, with the objectives of 30
single-family, 75 multi-family, 10 historic, and
20 mobile homes for extremely low, very low,
low and moderate income homeowners and
renters during the planning period.
Added language from Program 3.9.
The RHNA provides the objectives
for the 6th Cycle Housing Element.
1.5 1.6 Safety Continue code enforcement to expedite the
removal of illegal or unsafe dwellings, to
eliminate hazardous site or property conditions,
and resolve chronic building safety problems.
1.6 ----- Safety Consider a Rental Inspection Program to improve
the condition of the City’s Housing Stock.
In May 2015 the City Council adopted
the Rental Housing Inspection
Ordinance. In March 2017 the City
Council voted to repeal the ordinance.
1.7 1.7 Safety Continue to support local and regional solutions
to homelessness by funding supportive programs
services, and housing solutions. such as the
Maxine Lewis Memorial Shelter and The Prado
Day Center.
Maxine Lewis Memorial Shelter and
the Prado Day Center are now housed
within the 40 Prado Homeless Service
Center.
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# New # Goals Policy/Program Reason for Modification
1.8 ----- Safety Create an educational campaign for owners of
older residences informing them of ways to
reduce the seismic hazards commonly found in
such structures and encouraging them to
undertake seismic upgrades.
Unreinforced masonry buildings have
been retrofitted to meet current
building code requirements. Proactive
education is complete because no
additional structures need seismic
retrofits. Although complete, staff
will continue to have information
available regarding seismic hazards
for those community members
interested in further education.
Goal 2 - Affordability: Accommodate affordable housing production that helps meet the City’s quantified objectives.
2.1 2.1 Affordability Income Levels For Affordable Housing
households. For purposes of this Housing
Element, affordable housing is that which is
obtainable by a household with a particular
income level, as further described in the City’s
Affordable Housing Standards. Housing
affordable to Extremely Low, Very Low, Low,
and Moderate income persons or households
shall be considered “deed-restricted affordable
housing.” Income levels are defined as follows:
❑ Extremely low 30% or less of County Area
median household income
❑ Very low: 31 to 50% of County Area median
household income.
❑ Low: 51% to 80% of County Area median
household income.
❑ Moderate: 81% to 120% of County Area
median household income.
❑ Above moderate: 121% or more of County
Area median household income.
2.2 2.2 Affordability Index of Affordability. The Index of
Affordability shall be based on the City’s
Affordable Housing Standards, updated annually
per the County of San Luis Obispo’s Area
Median Income determined by California
Department of Housing and Community
Development. whether the monthly cost of
housing fits within the following limits:
For extremely low income households, not more
than 25% of monthly income.
For very low- and low-income households, not
more than 25% of monthly income.
For moderate income households, not more than
30% of monthly income.
For above-moderate income households, no
index.
These indices may be modified or expanded if the
State of California modifies or expands its
definition of affordability for these income
groups.
Updated the policy to have the ability
to remain consistent with
standardized County data.
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# New # Goals Policy/Program Reason for Modification
2.3 2.3 Affordability For housing to qualify as “deed-restricted
affordable” under the provisions of this Element,
guarantees must be presented that ownership or
rental housing units will remain affordable for the
longest period allowed by State law, or for a
shorter period under an equity-sharing or housing
rehabilitation agreement with the City.
The Equity Share Program has a 45-
year deed restriction if an owner does
not choose to exercise the equity share
option.
2.4 2.4 Affordability Encourage housing production for all financial
strata of the City's population, as allocated in the
proportions shown in the Regional Housing
Needs Allocation, for the 2014 – 2019 6th cycle
planning period. The number of units per income
category are These proportions are: extremely
low and income /, 12 percent, very low income,
12 percent 825 units; low income, 16 percent 520
units; moderate income, 18 percent 604 units; and
above moderate income, 42 percent 1,405 units.
Updated with the new RHNA under
the 6th Cycle Housing Element.
2.5 2.5 Affordability Continue to manage the Affordable Housing
Fund so that the fund serves as a sustainable
resource for supporting affordable housing
development. The fund shall serve as a source of
both grant funding and below market financing
for affordable housing projects; and funds shall
be used to support a wide variety of housing types
at the following income levels: extremely low,
very low, low, and moderate, but with a focus on
production efficiency to maximize housing
benefits for the City’s financial investment, and
to support high quality housing projects that
would not be feasible without Affordable
Housing Fund support.
2.6 2.6 Affordability Continue to review existing and proposed
building, planning, engineering and fire policies
and standards as housing developments are
reviewed to determine whether changes are
possible that could assist the production of
affordable housing, or that would encourage
preservation of housing rather than conversion to
non-residential uses, provided such changes
would not conflict with other General Plan
policies. Such periodic reviews will seek to
remove regulations that have been superseded,
are redundant or are no longer needed.
2.7 2.7 Affordability Continue to prioritize implement existing
procedures that speed up the processing of
applications, construction permits, and water and
sewer service priorities for affordable housing
projects. City staff and commissions shall give
such projects priority in allocating work
assignments, scheduling, conferences and
hearings. and in preparing and issuing reports and
water and sewer service allocations.
Updated language to be consistent
with City policies and processes.
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# New # Goals Policy/Program Reason for Modification
2.8 ----- Affordability Continue to pursue outside funding sources for
the payment of City impact fees so that new
dwellings that meet the City’s affordable housing
standards can mitigate their facility and service
impacts without adversely affecting housing
affordability.
Reductions have been built into the
new fee structure that was approved as
a part of AB 1600 in 2018.
2.9 ----- Affordability To the extent outside funding sources can be
identified to offset impacts on City funds, exempt
dwellings that meet the moderate income,
Affordable Housing Standards from planning,
building and engineering development review
and permit fees, including water meter
installation fee. Maintain exemptions for
extremely-low, very-low and low-income
households.
Reductions have been built into the
new fee structure that was approved as
a part of AB 1600 in 2018.
2.10 2.8 Affordability Continue to coordinate public and private sector
actions to encourage the development of housing
that meets the City’s housing needs.
2.11 2.9 Affordability Continue to assist with the issuance of bonds, tax
credit financing, loan underwriting or other
financial tools to help develop or preserve
affordable units through various programs.
including, but not limited to: (1) below market
financing through the SLO County Housing Trust
Fund and (2) subsidized mortgages for extremely
low, very-low, low- and moderate income
persons and first-time home buyers, and (3) self-
help or “sweat equity” homeowner housing.
Eliminating the examples allows for
more opportunities and flexibility to
fund affordable housing
opportunities.
2.12 2.10 Affordability Consider updating the Affordable Housing
Standards to include incorporating Homeowners’
Association (HOA) fees and a standard allowance
for utilities in the calculation for affordable rents
and home sales prices.
Added language based on findings
and recommendations from the 2020
Affordable Housing Nexus Study.
2.13 2.11 Affordability In conjunction with the Housing Authority and
other local housing agencies, continue to provide
on-going technical assistance and education to
tenants, property owners and the community at
large on the need to preserve at-risk units as well
as the available tools to help them do so.
2.14 2.12 Affordability In conjunction with local housing providers and
the local residential design community, continue
to Continue to provide technical assistance
planning services as requested by the public,
builders, design professionals and developers
regarding design strategies to achieve affordable
housing and density bonuses.
Updated language to be consistent
with City policies and processes.
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# New # Goals Policy/Program Reason for Modification
2.15 2.13 Affordability Update the Inclusionary Housing Ordinance,
including Table 2A, based on findings and
recommendations in the 2020 Affordable
Housing Nexus Study and conduct further
feasibility analysis in order to Eevaluate the
Inclusionary Housing Ordinance requirements
and the effect of Table 2A on the City’s ability to
provide affordable housing in the proportions
shown in the Regional Housing Needs
Allocation, per Policy 2.4.
Added language based on findings
and recommendations from the 2020
Affordable Housing Nexus Study.
2.16 ----- Affordability The City will evaluate and consider including a
workforce level of affordability in its Affordable
Housing Standards to increase housing options in
the City for those making between 121 percent
and 160 percent of the San Luis Obispo County
median income. This affordability category
cannot be used to meet inclusionary housing
ordinance requirements and is not eligible for
City Affordable Housing Funds.
Creating a workforce level of
affordability was examined and found
that it could not be successfully
implemented on a citywide basis as
there are no existing State standards
for such an income level.
2.17 2.14 Affordability Continue to consider support increasing
residential densities above state density bonus
allowances for projects that provide housing for
extremely low, very low and extremely low
income households.
Reordered wording.
2.15 Affordability Evaluate a flexible density pilot program and
initiate an update of the Zoning Regulations and
Community Design Guidelines to incorporate
flexible density development options in
Downtown Core and portions of Upper Monterey
and Mid-Higuera Special Focus Areas to support
the production of smaller residential units (150 to
600 square feet).
This program was recommended in
part by input from the community and
the work program associated with the
Housing Major City Goal. The
community and Council identified
that the Downtown and portions of
Upper Monterey and Mid-Higuera
Special Focus Areas could be
appropriate for higher density housing
development.
Goal 3 - Housing Conservation: Conserve existing housing and prevent the loss of safe housing and the displacement
of current occupants.
3.1 3.1 Housing
Conservation
Continue to encourage the rehabilitation,
remodeling or relocation of sound or rehabitable
housing rather than demolition. Demolition of
non-historic housing may be permitted where
conservation of existing housing would preclude
the achievement of other housing objectives or
adopted City goals.
3.2 3.2 Housing
Conservation
Discourage the removal or replacement of
housing affordable to extremely low, very-low,
low- and moderate income households, and avoid
permit approvals, private development,
municipal actions or public projects that remove
or adversely impact such housing unless such
actions are necessary to achieve General Plan
objectives and: (1) it can be demonstrated that
rehabilitation of lower-cost units at risk of
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replacement is financially or physically
infeasible, or (2) an equivalent number of new
units comparable or better in affordability and
amenities to those being replaced is provided, or
(3) the project will correct substandard, blighted
or unsafe housing; and (4) removal or
replacement will not adversely affect housing
which is already designated, or is determined to
qualify for designation as a historic resource.
3.3 ----- Housing
Conservation
Encourage seismic upgrades of older dwellings to
reduce the risk of bodily harm and the loss of
housing in an earthquake.
All multi-family structures have been
retrofitted and single-family
residences are exempt from seismic
retrofits. Additionally, any upgrades
to older residential structures is now
covered in the proposed new Policy
1.4.
3.4 3.3 Housing
Conservation
Encourage the construction, preservation,
rehabilitation or expansion of residential hotels,
group homes, integrated community apartments,
and single-room occupancy dwellings.
3.5 3.4 Housing
Conservation
Preserve historic homes and other types of
historic residential buildings, historic districts
and unique or landmark neighborhood features.
3.6 ----- Housing
Conservation
Preserve the fabric, amenities, yards (i.e.
setbacks), and overall character and quality of life
of established neighborhoods.
Moved to Goal 7: Neighborhood
Quality & Design and is now Policy
7.9.
3.7 3.5 Housing
Conservation
Encourage and support creative strategies for the
rehabilitation and adaptation and reuse of
residential, commercial, and industrial structures
for housing.
3.8 ----- Housing
Conservation
Adopt an ordinance that implements policy 3.2 to
discourage removal or replacement of affordable
housing.
Affordable housing units are
protected by the State of California
Housing Accountability Act, SB 330
(see Policy 3.2), and the “no net loss”
requirements of SB 166. An
ordinance is no longer required.
3.9 ----- Housing
Conservation
Correct unsafe, unsanitary or illegal housing
conditions, improve accessibility and energy
efficiency and improve neighborhoods by
collaborating with agencies offering
rehabilitation programs. City will use State or
Federal grants or other housing funds to
implement the program and provide services such
as home weatherization, repair and universal
access improvements.
Consolidated this program by adding
the first sentence to Policy 1.4 which
provides a broader context to support
all housing including the preservation
of existing housing.
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3.10 3.7 Housing
Conservation
Continue to encourage the creation of dwellings
in the Downtown Core (C-D Zone) and the
Downtown Planning Area by continuing the "no
net housing loss" program, consistent with
Chapter 17.86 17.142 (Downtown Housing
Conversion Regulations) of the Zoning
Regulations.
Updated to be consistent with Zoning
Regulations update.
3.11 3.8 Housing
Conservation
Continue to identify residential properties and
districts eligible for local, State or Federal
historic listing in accordance with guidelines and
standards to help property owners repair,
rehabilitate and improve properties in a
historically and architecturally sensitive manner.
3.12 3.9 Housing
Conservation
Continue to monitor and track affordable housing
units at-risk of being converted to market rate
housing annually. Provide resources to support
the Housing Authority, and local housing
agencies, purchase and manage at-risk units.
3.13 3.10 Housing
Conservation
Working with non-profit organizations, faith-
based organizations, or the Housing Authority of
the City of San Luis Obispo, the City will
encourage rehabilitation of residential,
commercial or industrial buildings to expand
extremely low, very-low, low or moderate
income rental housing opportunities.
Goal 4 - Mixed-Income Housing. Preserve and accommodate existing and new mixed income neighborhoods and seek
to prevent neighborhoods or housing types that are segregated by economic status.
4.1 4.1 Mixed-Income
Housing
Within newly developed neighborhoods, housing
that is affordable to various economic strata
should be intermixed rather than segregated into
separate enclaves. The mix should be comparable
to the relative percentages of extremely low,
very-low, low, moderate and above-moderate
income households in the City’s quantified
objectives.
4.2 4.2 Mixed-Income
Housing
Include both market-rate and affordable units in
apartment and residential condominium projects
and intermix the types of units. Affordable units
should be comparable in size, appearance, and
basic quality to market-rate units.
4.3 4.3 Mixed-Income
Housing
Extremely-low and very low-income housing,
such as that developed by the Housing Authority
of the City of San Luis Obispo or other housing
providers, may be located in any zone that allows
housing, and should be dispersed throughout the
City rather than concentrated in one
neighborhood or zone.
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4.4 4.4 Mixed-Income
Housing
In its discretionary actions, housing programs and
activities, the City shall affirmatively further fair
housing and promote equal housing opportunities
for persons of all economic segments of the
community.
4.5 4.5 Mixed-Income
Housing
Review new development proposals for
compliance with City regulations and revise
projects or establish conditions of approval as
needed to implement the mixed-income policies.
4.6 4.6 Mixed-Income
Housing
Consider aAmending the City’s Inclusionary
Housing Ordinance and Affordable Housing
Incentives to require that affordable units in a
development be of similar size, number of
bedrooms, character and basic quality as the
nonrestricted units in locations that avoid
segregation of such units including equivalent
ways to satisfy the requirement. Also evaluate
adjusting the City’s allowable sales prices for
deed-restricted affordable units per a variety of
unit types.
Added language based on findings
and recommendations from the 2020
Affordable Housing Nexus Study.
Goal 5 - Housing Variety and Tenure. Provide variety in the location, type, size, tenure, and style of dwellings.
5.1 ----- Housing
Variety
Encourage the integration of appropriately
scaled, special needs housing into developments
or neighborhoods of conventional housing.
AB 101 allows this type of housing in
all zones and there is limited ability
control scale and design.
5.2 5.1 Housing
Variety
Encourage mixed-use residential/commercial
projects in all commercial zones, especially those
close to activity centers where compatible with
existing and planned surrounding development.
to include live-work and work-live units where
housing and offices or other commercial uses are
compatible.
Combined with Policy 5.3 to form one
policy that encourages mixed-use
development, consistent with the
Zoning Regulations update which no
longer identifies live/work or
work/live units separately from
mixed-use.
5.3 ----- Housing
Variety
Encourage the development of housing above
ground-level retail stores and offices to provide
housing opportunities close to activity centers
and to use land efficiently.
See above.
5.4 5.2 Housing
Variety
New planned In general, housing developments
of twenty (20) or more units should provide a
variety of dwelling types, sizes and styles or
forms of tenure.
5.3 Housing
Variety
Encourage the development of a variety of
“missing middle” housing types.
This new policy is based on
community feedback and the work
program associated with the Housing
Major City Goal to address the need
for more housing. Missing middle
housing types include duplexes,
triplexes, quadplexes, cottages, etc.
Policy 5.4 also replaces Program 2.16
which discusses workforce housing.
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5.5 ----- Housing
Variety
Review new developments for compliance with
City regulations and revise projects or establish
conditions of approval as needed to implement
the housing variety and tenure policies.
Updated language to be consistent
with City policies and processes.
5.4 Housing
Variety
Evaluate opportunities for promoting “missing
middle” housing types (e.g. duplex, triplex,
quadplex, cottages, etc) to increase housing
options in the City.
New program to implement new
Policy 5.3.
5.5 Housing
Variety
Consider amending the Zoning Regulations to
streamline the permitting process for mixed-used
projects in commercial zones.
New program to support Policy 5.1.
Goal 6 - Housing Production. Plan for Facilitate the production of new housing to meet the full range of community
housing needs.
6.1 6.1 Housing
Production
Consistent with the growth management portion
of its Land Use Element and the availability of
adequate resources, the City will plan to
accommodate up to 3,354 dwelling units for the
6th cycle housing element update in accordance
with the assigned Regional Housing Needs
Allocation.1,144 dwelling units between January
2014 and June 2019 in accordance with the
assigned Regional Housing Needs Allocation.
Updated to be consistent with the 6th
Cycle RHNA.
6.2 ---- Housing
Production
New commercial developments in the Downtown
Core (C-D Zone) shall include housing, unless
the City makes one of the following findings:
Housing is likely to jeopardize the health, safety
or welfare of residents or employees; or
The property’s shape, size, topography or other
physical factor makes construction of new
dwellings infeasible.
Updated to be consistent with Zoning
Regulations update. The Zoning
Regulations require housing as a part
of any development within the
downtown.
6.3 6.2 Housing
Production
If City services must be rationed to development
projects, residential projects will be given priority
over non-residential projects. As required by SB
1087, Housing affordable to lower income
households will be given first priority.
6.4 6.3 Housing
Production
City costs of providing services to housing
development will be minimized. Other than for
existing housing programs encouraging housing
affordable to extremely low, very-low and low
income persons, the City will not make new
housing more affordable by shifting costs to
existing residents.
6.5 6.4 Housing
Production
When sold, purchased, or redeveloped for public
or private uses, City-owned properties within the
urban reserve shall include housing as either a
freestanding project or part of a mixed-use
development where land is suitable and
appropriate for housing.
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6.6 ----- Housing
Production
Property located behind the former County
General Hospital shall be designated a “Special
Considerations” zone and may be considered
suitable for residential development after further
analysis and environmental review, provided that
development be limited to site areas with average
slopes of less than 20 percent, that approximately
one-half of the total site area be dedicated for
open space and/or public use, and that an
additional water tank be provided if determined
necessary to serve new development.
Completed as a part of the LUE
update as part of the special focus
areas section; Program 8.6. General
Hospital Site.
6.7 6.5 Housing
Production
Support the redevelopment of excess public and
private utility properties for housing where
appropriately located and consistent with the
General Plan.
6.8 6.6 Housing
Production
Consistent with the City’s goal to stimulate
higher density infill where appropriate in the
Downtown Core (C-D Zone), Upper Monterey,
and Mid-Higuera Special Focus Areas,, the City
shall consider changes to the Zoning Regulations
that would allow for flexible density standards
that support the development of smaller
apartments and efficiency units.
This policy was updated to encourage
additional residential units not only in
Downtown, but in Upper Monterey
and Mid-Higuera Special Focus Areas
consistent with the City’s Major City
Goal work program and new Program
2.15.
6.9 6.7 Housing
Production
Encourage and support employer/employee
financing programs and partnerships to increase
housing opportunities specifically targeted
towards the local workforce.
Revised language allows for more
flexibility and creativity to implement
the policy.
6.10 6.8 Housing
Production
To help meet the 6th cycle RHNA production
targets Quantified Objectives, the City will
support residential infill development and
promote higher residential density where
appropriate.
Updated to be consistent with the 6th
Cycle RHNA.
----- 6.9 Housing
Production
Specific plans for any new area identified shall
include R-3 and R-4 zoned land to ensure
sufficient land is designated at appropriate
densities to accommodate the development of
extremely low-, very low- and low-income
dwellings.
Converted Program 6.14 into a policy.
6.11 6.10 Housing
Production
Maintain the General Plan and Residential
Growth Management Regulations (SLOMC
17.88144) exemption for new housing in the
Downtown Core (C-D zone), accessory dwelling
units (ADUs), and new housing in other zones
that is enforceably for deed-restricted for
extremely-low, very low, low- and moderate
income households, pursuant to the Affordable
Housing Standards.
Updated to be consistent with Zoning
Regulations update.
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6.12 6.11 Housing
Production
Continue to allow flexible parking regulations for
housing development, especially in the
Downtown Core (C-D Zone), including the
possibilities of flexible use of city parking
facilities by Downtown residents, where
appropriate, and reduced or no parking
requirements where appropriate guarantees limit
occupancies to persons without motor vehicles or
who provide proof of reserved, off-site parking.
Such developments may be subject to
requirements for parking use fees, use limitations
and enforcement provisions.
6.13 6.12 Housing
Production
Continue to develop incentives to encourage
additional housing in the Downtown, Upper
Monterey, and Mid-Higuera Special Focus Areas
Downtown Core (C-D Zone), particularly in
mixed-use developments. Density based on
flexible density average unit size in a project
should be explored to encourage the development
of smaller efficiency units.
Modified to be consistent with Policy
6.6.
6.14 ---- Housing
Production
Specific plans for any new expansion area
identified shall include R-3 and R-4 zoned land
to ensure sufficient land is designated at
appropriate densities to accommodate the
development of extremely low, very-low and low
income dwellings. These plans shall include sites
suitable for subsidized rental housing and
affordable rental and owner-occupied dwellings,
and programs to support the construction of
dwellings rather than payment of in-lieu housing
fees. Such sites shall be integrated within
neighborhoods of market-rate housing and shall
be architecturally compatible with the
neighborhood.
Converted to Policy 6.9.
6.15 6.13 Housing
Production
Consider General Plan amendments to rezone
commercial, manufacturing or public facility
zoned areas for higher-density, infill or mixed-
use housing where compatible with surrounding
development land development patterns are
suitable and where impact to Low-Density
Residential areas is minimal. For example, areas
to be considered for possible rezoning include,
but are not limited to the following sites:
A. Portions of South Broad Street Corridor and
Little Italy area
B. 1499 San Luis Drive (rezone vacant and
underutilized School District property)
C. 1642 Johnson Avenue (vacant School
District property)
D. 4325 South Higuera Street (former P.G.&E.
yard)
E. 4355 Vachell Lane (vehicle storage)
Updated to remove sites that have
been developed and added new sites
that may be considered for additional
housing development.
New language added per the
recommendation of the PC at the June
10, 2020 meeting.
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F. 173 Buckley Road (Avila Ranch)
G. 2143 Johnson Avenue (adjacent to County
Health Department)
H. 3710 Broad Street (Plumbers and
Steamfitters Union)
I. 11950 Los Osos Valley Road (Pacific Beach
High School)
J. 2500 Block of Boulevard Del Campo
(adjacent to Sinsheimer Park)
K. 12165 & 12193 Los Osos Valley Road
(adjacent to Home Depot)
L. 1150 & 1160 Laurel Lane (Atoll Business &
Technology Center)
M. 600 Tank Farm Road (Temporary
Unimproved Parking Area)
N. 12500 Los Osos Valley Road (053-141-013)
(Agricultural fields and San Luis Creek)
O. Los Osos Valley Road (053-161-020)
(Agricultural fields and San Luis Creek)
6.16 6.14 Housing
Production
Continue to provide resources that support the
SLO County Housing Trust fund’s efforts to
provide below market financing and technical
assistance to affordable housing developers as a
way to increase affordable housing production in
the City of San Luis Obispo.
6.17 6.15 Housing
Production
Encourage residential development through infill
development and densification within City Limits
and in designated expansion areas over new
annexation of land.
6.18 6.16 Housing
Production
Seek opportunities with other public and private
agencies to identify excess, surplus, ans
underutilized parcels for residential development.
and public utilities to identify, assemble, develop,
redevelop and recycle surplus land for housing,
and to convert vacant or underutilized public,
utility or institutional buildings to housing.
Consistent with new State law.
6.19 6.17 Housing
Production
Continue to incentivize affordable housing
development consistent with SLOMC
(Affordable Housing Incentives). with density
bonuses, parking reductions and other
development incentives, including City financial
assistance.
Simplified as the requirements are
outlined in the City’s Municipal
Code. Reference to City financial
assistance was removed because it is
not a “development incentive.”
6.20 6.18 Housing
Production
Continue to financially assist in the development
of housing affordable to extremely low, very-low,
low- or and moderate income households during
the planning period using State, Federal and local
funding sources, with funding priority given to
projects that result in the maximum housing
benefits for the lowest household income levels.
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6.21 6.19 Housing
Production
Actively seek new revenue sources, including
State, Federal and private/non-profit sources, and
financing mechanisms to assist with development
of affordable housing affordable to development
for extremely low, very low and low or moderate
income households and first- time homebuyers.
6.22 ---- Housing
Production
Continue to exempt the rehabilitation or
remodeling of up to 4 dwellings of up to 1200
square feet each from Architectural Review
Commission review. New multi-unit housing
may be allowed with “Minor or Incidental” or
staff level architectural review, unless the
dwellings are located on a sensitive or historically
sensitive site.
Implemented. Section 17.106.030 has
been added to the 2018 Zoning
Regulations update which references
SLOMC Chapter 2.48 that includes
language that exempts the
rehabilitation or remodeling of up to 4
dwellings of up to 1,200 square feet
each from Architectural Review
Commission review.
6.23 ----- Housing
Production
Assist in the production of affordable housing by
identifying vacant or underutilized City-owned
property suitable for housing, and dedicate public
property, where feasible and appropriate for such
purposes, as development projects are proposed.
Implemented. Staff completed an
inventory of City-owned property and
found that no City-owned properties
are suitable for housing.
6.24 ----- Housing
Production
Community Development staff will proactively
provide information for properties suitable for
housing as identified in the Land Use and
Housing Elements.
Implemented. Staff actively provides
information regarding any land
identified in the Housing Element or
the Land Use Element that may be
suitable for housing development
possibilities.
6.25 ----- Housing
Production
Evaluate and consider amending the General Plan
to designate the 46 acres associated with the
former County General Hospital as a “Special
Considerations” zone, suitable for housing
development on areas of the site of less than 20
percent average slope, provided that open space
dedication and public improvements are part of
the project.
Completed. The Land Use Element
was updated in 2015 to include
Program 8.6 which identified the
General Hospital site as a Special
Planning Area.
6.26 6.20 Housing
Production
Continue to update the Affordable Housing
Incentives (Chapter 17.90140, SLOMC) and
Zoning Regulations to ensure density bonus
incentives are consistent with State Law.
Updated to be consistent with Zoning
Regulations update.
6.27 ----- Housing
Production
Evaluate and consider increasing the residential
density allowed in the Neighborhood-
Commercial (C-N), Office (O) and Downtown
Commercial (C-D) zoning districts. The City will
evaluate allowing up to 24 units per acre in the C-
N and O zones, and up to 72 units per acre in the
C-D zone, twice the current density allowed in
these areas.
A detailed analysis of increasing the
residential density allowed in various
zoning districts was considered and
evaluated as a part of the zoning
update and determined that it would
need to be part of a larger update to
the Land Use Element (LUE) and
require additional environmental
review.
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6.28 ----- Housing
Production
Evaluate how lot patterns (i.e. size, shape, slope)
in the City’s multi-family zones affect the City’s
ability to meet housing production policies. If
warranted, consider setting a minimum number
of dwellings on each legal lot in the R-2, R-3 and
R-4 zones, regardless of lot size, when other
property development standards, such as parking,
height limits and setbacks can be met.
Implemented. In 2018 the Zoning
Regulations were updated to include
minimum number of dwellings on
each legal lot in the R-2, R-3 and R-4
zones, regardless of lot size as long as
the development can meet all property
development standards, such as
parking, height limits and setbacks.
6.29 ----- Housing
Production
Continue to pursue incentives to encourage
development of Secondary Dwelling Units
(SDUs). Possible incentives include SDU design
templates, flexible development standards, fee
reductions or deferrals, or other measures to
encourage the construction of SDUs where
allowed by zoning.
Implemented. The City updated the
Zoning Regulations in 2018 and 2020
to be consistent with State law
regarding SDUs (now called ADUs –
Accessory Dwelling Units). In
addition, the City has also eliminated
impact fees requirements for ADUs.
6.30 6.21 Housing
Production
Evaluate and consider updating adopting the
Subdivision and Zoning Regulations changes to
support small lot subdivisions, ownership
bungalow court development Eliminate the one
acre minimum lot area for PD overlay zoning,
and other alternatives to conventional subdivision
design.
The Zoning Regulations were updated
in 2018 and included a revision to the
PD overlay zoning to allow a
minimum of one-half of a contiguous
acre for a PD (as opposed to a one acre
minimum).
6.31 ----- Housing
Production
Consider scaling development impact fees for
residential development based on size, number of
bedrooms, and room counts.
Completed as a part of the AB 1600
and fee schedule update.
6.32 6.22 Housing
Production
Continue to submit annual the Housing Element
Annual Progress Reports (APR) to the State
Department of Housing and Community
Development and the Governor’s Office of
Planning and Research on or before April 1st of
each year for the prior calendar year, pursuant to
per Government Code Section 65400.
Goal 7 - Neighborhood Quality. Maintain, preserve and enhance the quality and livability of neighborhoods. encourage
neighborhood stability and owner occupancy, and improve neighborhood appearance, function and sense of
community.
Modified to provide focus on neighborhood quality, amenities, and access and less on specific tenure. Where projects propose
home ownership, Goal 10: Local Preference, outlines policies and programs to support local home ownership.
7.1 7.1 Neighborhood
Quality
Within established neighborhoods, new
residential development should shall be of
compatible design character, size, density and
quality that respects the existing neighborhood
character, to enhance and maintains the quality of
life for existing and future residents.
Reworded for consistency with state
law.
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7.2 7.2 Neighborhood
Quality
Higher density housing should maintain high
quality standards for unit design, privacy,
security, on-site amenities, and public and private
open space. Such standards should be flexible
enough to allow innovative design solutions. in
special circumstances, e.g. in developing mixed-
use developments or in housing in the Downtown
Core.
7.3 ----- Neighborhood
Quality
Within established neighborhoods, housing
should not be located on sites designated in the
General Plan for parks or open space.
Covered by polices within the
Conservation and Open Space
Element and the Land Use Element.
7.4 7.3 Neighborhood
Quality
Within expansion areas, New residential
developments should incorporate be an integral
part of an existing neighborhood or should
establish a new neighborhood, with pedestrian
and bicycle linkages that provide direct,
convenient and safe access to adjacent
neighborhoods, schools, parks, and shopping
areas.
The City no longer has any areas that
are considered “expansion areas.” The
Policy should apply to all new
residential projects.
7.5 7.4 Neighborhood
Quality
Discourage the creation of walled-off or physical
separations between residential enclaves, or of
separate, unconnected tracts to enhance, is
discouraged because physical separations prevent
the formation of safe, walkable, and enjoyable
neighborhoods.
Reworded for clarity.
7.6 7.5 Neighborhood
Quality
Housing should shall be sited to enhance safety
along neighborhood streets and in other public
and semi-public areas.
7.7 7.6 Neighborhood
Quality
The physical design of neighborhoods and
dwellings should promote walking and bicycling
and preserve open spaces and views.
7.8 7.7 Neighborhood
Quality
Continue to encourage strategies and programs
that increase long-term residency and
stabilization in neighborhoods.
---- 7.8 Neighborhood
Quality
Preserve the fabric, amenities, yards (i.e.
setbacks), and overall character and quality of life
of established neighborhoods.
Policy 3.6 was moved to Goal 7 as it
better relates to Neighborhood
Quality than Housing Conservation.
---- 7.9 Neighborhood
Quality
Encourage neighborhood design elements that
improve overall health of residents such as
providing safe and convenient opportunities to
access healthy food and attractive places for
recreational exercise.
This is a new policy that has been
added as recommended by the
Planning Commission to address
public health and housing.
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7.9 7.10 Neighborhood
Quality
Continue to utilize a diverse range of outreach
methoods implement varied strategies, including
such as early notification through email
notifications electronic media, the City’s website
and social media accounts improvements, and
neighborhood outreach meetings, etc., to ensure
residents are aware of and able to participate in
planning decisions affecting their neighborhoods
early in the planning process.
Updated to be consistent with current
requirements and policies.
7.10 7.11 Neighborhood
Quality
Continue to work directly with neighborhood
groups and individuals to address concerns
pertaining to Identify specific neighborhood
needs, problems, trends and opportunities for
physical improvements.
7.11 7.12 Neighborhood
Quality
Continue to fund neighborhood improvements,
including parks, sidewalks, traffic calming
devices, crosswalks, parkways, street trees and
street lighting to improve aesthetics, safety and
accessibility.
7.12 ----- Neighborhood
Quality
Continue to develop and implement
neighborhood parking strategies, including
parking districts, to address the lack of on- and
off-street parking in residential areas.
Implemented. The City has a process
where Neighborhood Parking
Districts can be created. The City has
also been working on the creation of
demand-based parking strategies.
7.13 7.13 Neighborhood
Quality
Continue the City’s Neighborhood Services and
proactive enforcement Code Enforcement
programs to support neighborhood wellness.
---- 7.14 Neighborhood
Quality
Encourage new developments with 10 or more
residential units be reviewed and scored by the
Healthy Communities Work Group prior to
submitting a planning application to the City.
This is a new program recommended
by the Planning Commission to
support Policy 7.9.
---- 7.15 Neighborhood
Quality
Encourage developments with 10 or more
residential units to include the following: outdoor
visiting and gathering spaces, places to exercise
or recreate, and spaces reserved for edible
landscape or community gardens.
This is a new program recommended
by the Planning Commission to
support Policy 7.9.
Goal 8 - Special Housing Needs. Encourage the creation and maintenance of housing for those with special housing
needs.
8.1 8.1 Special
Housing
Needs
Encourage housing development that meets a
variety of special needs, including large families,
single parents, disabled persons, the elderly,
students, veterans, the homeless, or those seeking
congregate care, group housing, single-room
occupancy or co-housing accommodations,
utilizing universal design.
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8.2 8.2 Special
Housing
Needs
Preserve manufactured housing or mobile home
parks and support changes in these forms of
tenure only if such changes provide residents
with greater long-term security or comparable
housing in terms of quality, cost, and livability.
8.3 ----- Special
Housing
Needs
Encourage manufactured homes in Specific Plan
Areas by:
A) When the City considers adopting new
specific plans, including policies that support
owner-occupied manufactured home parks with
amenities such as greenbelts, recreation facilities,
and shopping services within a master planned
community setting. Such parks could be
specifically designed to help address the needs of
those with mobility and transportation
limitations.
B) Establishing lot sizes, setback, and parking
guidelines that allow for relatively dense
placement of manufactured homes within the
master planned neighborhood.
C) Locating manufactured home parks near
public transit facilities or provide public
transportation services to the manufactured home
parks to minimize the need for residents to own
automobiles.
Manufactured homes are allowed in
all residential zones; applicants have
not shown any interest in creating new
manufactured home parks. New,
higher density development is more
efficient and cost effective. The most
recent affordable housing projects
have all been multi-family
apartments.
8.4 8.3 Special
Housing
Needs
Encourage Cal Poly University to continue to
develop on-campus student housing to meet
existing and future needs and to lessen pressure
on City housing supply and transportation
systems.
8.5 8.4 Special
Housing
Needs
Strengthen the role of on-campus housing by
encouraging Cal Poly University to require
freshmen and sophomore students to live on
campus.
8.6 8.5 Special
Housing
Needs
Locate fraternities and sororities on the Cal Poly
University campus. Until that is possible, they
should be located in Medium-High and High-
Density residential zones near the campus.
8.7 8.6 Special
Housing
Needs
Encourage Cal Poly University to develop and
maintain faculty and staff housing, consistent
with the General Plan.
8.8 8.7 Special
Housing
Needs
Disperse special needs living facilities
throughout the City where public transit and
commercial services are available, rather than
concentrating them in one district.
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8.9 8.8 Special
Housing
Needs
Support Continue to support regional efforts to
address homelessness implement the document
“The Path Home: San Luis Obispo County’s 10
Year Plan to End Chronic Homelessness”.
Revised to be consistent with current
activities and SB 101.
8.10 8.9 Special
Housing
Needs
Encourage a variety of housing types that
accommodate persons with disabilities, and
promote aging in place, and include amenities
such as visiting space, first floor accessibility,
etc.including a goal of “visitability” in new
residential units, with an emphasis on first-floor
accessibility to the maximum extent feasible.
Based on community feedback, this
policy was revised to highlight that
housing for persons with disabilities
or aging in place should include
amenities that support those living
within the units.
8.11 ----- Special
Housing
Needs
Encourage changes to City regulations that would
support the special housing needs of disabled
persons, including persons with developmental
disabilities.
Completed. Regulations have been
updated to address special housing
needs. In addition, the building code
is regularly updated to meet State and
Federal requirements.
8.12 8.10 Special
Housing
Needs
Assist the homeless and those at risk of becoming
homeless by supporting shelters, temporary
housing, and transitional housing. and by
facilitating general housing assistance.
The role of the City is not to place
individuals in housing. There are
several local non-profits involved
with helping people find housing. The
City, if contacted, connects people to
these local organizations.
8.13 8.11 Special
Housing
Needs
Continue to provide resources that support local
and regional solutions to meeting the needs of the
homeless and continue to support, jointly with
other agencies, shelters and programs, such as
Housing First and Rapid Rehousing, for the
homeless and for displaced individual and
families. women and children.
8.14 8.12 Special
Housing
Needs
Continue to enforce the mobile home rent
stabilization program to minimize increases in the
cost of mobile home park space rents.
8.15 8.13 Special
Housing
Needs
Continue to look for Support opportunities in
specific plan areas within the City suitable for
tenant-owned mobile-home parks, cooperative or
limited equity housing, manufactured housing,
self-help housing, or other types of housing that
meets special needs.
8.16 8.14 Special
Housing
Needs
Advocate developing more housing and
refurbishing campus housing at Cal Poly
University.
8.17 8.15 Special
Housing
Needs
Work with Cal Poly University Administration to
secure designation of on-campus
fraternity/sorority living groups.
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8.18 8.16 Special
Housing
Needs
Jointly develop and implement a student housing
plan and Continue to support “good neighbor
programs” with Cal Poly State University, Cuesta
College, the City and local City residents. The
program would seek to improve communication
and cooperation between all groups the City and
the schools, set on campus student housing
objectives and establish clear, effective standards
for about student housing in residential
neighborhoods.
Revised for clarity.
8.19 8.17 Special
Housing
Needs
Provide public educational information at various
City Offices, on the City website, and other
electronic media platforms the Community
Development Department public counter on
universal design concepts (i.e. aging in place) for
new and existing residential dwellings.
Revised for clarity.
8.20 8.18 Special
Housing
Needs
Transitional Housing and Supportive Housing:
Continue to allow the establishment of
transitional and supportive housing in all zoning
districts where residential uses are allowed.
Amend the Zoning Regulations to allow
homeless shelters, transitional housing and
supportive housing (low barrier navigation
centers) in all residential zones, areas zoned for
mixed-uses, and nonresidential zones permitting
multifamily uses without a conditional use permit
to be alignment with Government Code Section
65660 (AB 101).
Revised to be consistent with State
law.
8.21 8.19 Special
Housing
Needs
Continue to look for partnership opportunities
with non-profit housing developers and service
providers to that can be acquire vacant, blighted,
or underutilized properties (land, retail or
commercial space, motels, apartments, housing
units, mobile home parks) for and conversion into
affordable permanent and supportive housing and
permanent supportive housing for homeless
persons and families.
Revised to broaden the opportunities
for the City to partner with local non-
profit housing developers.
8.22 ----- Special
Housing
Needs
Consider addition of an overlay zone to existing
and future mobile home and trailer park sites to
provide constructive notice that additional
requirements, such as rent stabilization and a
mobile home park conversion ordinance may
apply.
The City’s Municipal Code contains a
Mobile Home Park Rent Stabilization
Ordinance that applies citywide to all
mobile home parks. The Ordinance
satisfies this program by protecting
owners and renters of mobile homes
from unreasonable rent increases.
Staff has evaluated that an overlay
zone would not provide any additional
benefit.
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8.23 8.20 Special
Housing
Needs
Continue to seek State, Federal, and local funding
sources to encourage the creation and financially
assist the development of housing for persons
with developmental disabilities. The City will
seek grantopportunities for housing construction
and rehabilitation specifically targeted for
persons with developmental disabilities.
Consolidated the wording of this
program. No change in the content.
8.24 ----- Special
Housing
Needs
Continue to coordinate with the County, social
services providers and non-profit organizations
for delivery of existing, improved and expanded
services, including case management, drug,
alcohol, detoxification, and mental health
services.
This program is covered in Program
8.21.
8.25 8.21 Special
Housing
Needs
Continue to coordinate engage with the County
Department of Social Services, Homeless
Services Oversight Council (HSOC), social
services providers, and non-profit organizations
and Friends of Prado Day Center (FPDC) to
identify, evaluate, and implement strategies to
reduce the impacts of homelessness on the City.
Updated language to be consistent
with current organizations and
agencies.
8.22 Special
Housing
Needs
Work with other jurisdictions to advocate for
State legislation that would: 1) provide funding to
help Cal Poly University provide adequate on-
campus student housing, and 2) allow greater
flexibility for State universities and community
colleges to enter into public-private partnerships
to construct student housing.
Relocated Program 10.6.
Goal 9 - Sustainable Housing Site, and Neighborhood Design. Encourage housing that is resource conserving, healthful,
economical to live in, environmentally benign, and recyclable when demolished.
9.1 9.1 Sustainable
Housing, Site
and
Neighborhood
Design
Residential developments should promote
sustainability consistent with the Climate Action
Plan (CAP) and California Building Energy
Efficiency Standards – Title 24 in their design,
placement, and functionality use. Sustainability
can be promoted through a variety of housing
strategies, including the following:
A) Maximize use of renewable, recycled-content,
and recycled materials, and minimize use of
building materials that require high levels of
energy to produce or that cause significant,
adverse environmental impacts.
B) Incorporate renewable energy features into
new homes, including passive solar design, solar
hot water, solar power, and natural ventilation
and cooling.
C) Minimize thermal island effects through
reduction of heat-absorbing pavement and
increased tree shading.
Avoid building materials that may contribute to
health problems through the release of gasses or
glass fibers into indoor air.
Updated to be consistent with current
City and State policies. Strategies
were removed because they are
outlined in the CAP and Title 24.
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D) Design dwellings for quiet, indoors and out,
for both the mental and physical health of
residents.
F) Design dwellings economical to live in
because of reduced utility bills, low cost
maintenance and operation, and improved
occupant health.
G) Use construction materials and methods that
maximize the recyclability of a building’s parts.
Educate public, staff, and builders to the
advantages and approaches to sustainable design,
and thereby develop consumer demand for
sustainable housing.
I) City will continue to refer to a sustainable
development rating system, such as the LEED or
GreenPoint programs when evaluating new
development proposals.
9.2 9.2 Sustainable
Housing, Site
and
Neighborhood
Design
Residential units site, subdivision layouts, and
neighborhood designs amenities should be
coordinated to support make residential
sustainable design work. Some ways to do this
include:
A) Design subdivisions to maximize solar access
for each dwelling and site.
B) Design sites so residents have usable outdoor
space with access to both sun and shade.
C) Streets and access ways should minimize
pavement devoted to vehicular use.
D) Use neighborhood retention basins to purify
street runoff prior to its entering creeks. Retention
basins should be designed to be visually attractive
as well as functional. Fenced-off retention basins
should be avoided.
E) Encourage cluster development with
dwellings grouped around significantly-sized,
shared open space in return for City approval of
smaller individual lots.
F) Treat public streets as landscaped parkways,
using continuous plantings at least six feet wide
and where feasible, median planters to enhance,
define, and to buffer residential neighborhoods of
all densities from the effects of vehicle traffic.
Examples were removed as
innovative sustainable designs are
extensive.
9.3 ----- Sustainable
Housing, Site
and
Neighborhood
Design
Preserve the physical neighborhood qualities in
the Downtown Planning Area that contribute to
sustainability. Some ways to do this include:
A) Maintain the overall scale, density and
architectural character of older neighborhoods
surrounding the Downtown Core.
B) Encourage the maintenance and rehabilitation
of historically designated housing stock.
The Historic Preservation Ordinance
preserves and protects historic
structures and districts. Additionally,
the Conservation and Open Space
Element includes Policies 3.3.4, 3.3.5,
that direct preservation of historic
buildings, districts, and
neighborhoods. Program 3.6.3 directs
construction within historic districts.
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9.4 9.3 Sustainable
Housing, Site
and
Neighborhood
Design
To promote energy conservation and a cleaner
environment, Continue to encourage the
development of dwellings with energy-efficient
designs, utilizing passive and active solar
features, and the use of energy-saving techniques
that exceed minimums prescribed by State law.
9.5 9.4 Sustainable
Housing, Site
and
Neighborhood
Design
Actively Continue to promote water conservation
through housing and site design to help moderate
the cost of housing.
9.6 9.5 Sustainable
Housing, Site
and
Neighborhood
Design
Support programs that provide financing for
sustainable home upgrade projects such as
installation of solar panels, heating and cooling
systems, water conservation and windows to
improve the energy efficiency of the City’s
existing housing stock.
9.7 9.6 Sustainable
Housing, Site
and
Neighborhood
Design
Continue to educate planning and building staff
and citizen review bodies on energy conservation
issues, including the City’s energy conservation
policies and Climate Action Plan. Staff shall
work with applicants to achieve the City’s energy
conservation goals.
9.8 9.7 Sustainable
Housing, Site
and
Neighborhood
Design
Continue to provide assurance of long-term solar
access for new or remodeled housing and for
adjacent properties, consistent with historic
preservation guidelines and revise regulations
found to be inadequate.
9.9 ----- Sustainable
Housing, Site
and
Neighborhood
Design
Continue to implement the Water Quality Control
Board’s “Post-Construction Stormwater
Management Requirements for Development
Projects in the Central Coast Region”, to reduce
the amount of impermeable surface.
Implemented. All development
projects are required to include Post-
Construction Stormwater
Management Requirements as a part
of a project application, which allows
staff to verify that the project is
consistent with the Regional Water
Board’s Requirements.
9.10 9.8 Sustainable
Housing, Site
and
Neighborhood
Design
Implement Climate Action Plan programs that
increase the production of “green” housing units
and projects and require use of sustainable and/or
renewable materials, water and energy
technologies (such as, but not
limited to solar, wind, or thermal).
9.11 9.9 Sustainable
Housing, Site
and
Neighborhood
Design
Continue to promote building materials reuse and
recycling in site development and residential
construction, including flexible standards for use
of salvaged, recycled, and “green” building
materials. Continue the City’s
construction and demolition debris recycling
program as described in Chapter 8.05 of the
Municipal Code.
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9.12 ----- Sustainable
Housing, Site
and
Neighborhood
Design
Consider incentivizing dwelling units to a
minimum size of 150 square feet, consistent with
the California Building Code, by reduced impact
fees and property development standards.
Implemented. The City has
implemented a reduction in the impact
fees for smaller units with AB 1600
and the fee schedule update.
Additionally, ADU requirements
have been revised to be consistent
with state law and impact fees
removed in order to incentivize the
development of this type of smaller
unit.
9.13 9.10 Sustainable
Housing, Site
and
Neighborhood
Design
Continue to support Consider participating in
financing programs for sustainable home
improvements such as solar panels, heating and
cooling systems, water conservation and energy
efficient windows.
Goal 10 - Local Preference. Maximize affordable housing opportunities for those individuals who are employed in
business that are located in geographic areas that are customarily included in the City’s annual jobs -housing balance
analysis who live or work in San Luis Obispo while seeking to balance job growth and housing supply.
Based on community feedback and a need for more housing for local individuals who work in the City or nearby vicinity, Goal
10 has been updated to focus on providing housing for individuals who are employed in business that are located in geographic
areas that are customarily included in the City’s annual jobs-housing balance analysis.
10.1 10.1 Local
Preference
Administer City housing programs and benefits,
such as First Time Homebuyer Assistance or
affordable housing lotteries, to give preference to
individuals as outlined in Policy 10.2. to: 1)
persons living or working in the City or within the
City’s Urban Reserve, and 2) persons living in
San Luis Obispo County.
Revised to be consistent with new
Policy 10.2.
10.2 ----- Local
Preference
Cal Poly State University and Cuesta College
should actively work with the City and
community organizations to create positive
environments around the Cal Poly Campus by:
A) Establishing standards for appropriate student
densities in neighborhoods near Campus;
B) Promoting homeownership for academic
faculty and staff in Low-Density Residential
neighborhoods in the northern part of the City;
and
C) Encouraging and participating in the
revitalization of degraded neighborhoods.
This Policy did not address local
preference. Supporting housing for
employees at Cal Poly, Cuesta, CMC,
etc. is covered in Policy 10.2.
10.2 Local
Preference
Encourage, and where legally allowed, require
new housing development to give preference in
the following order: 1) individuals who are
employed in business that are located in
geographic areas that are customarily included in
the City’s annual jobs-housing balance analysis,
2) individuals residing in the County, and 3)
finally to individuals from outside the County.
This new policy sets preferences for
new, for-sale housing developments
in the initial offering and sales to
improve the City’s jobs-housing
balance, reduce competition from
outside buyers and allow those that
work in the City the opportunity to
live in the City, thereby reducing
commute times.
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10.3 Local
Preference
Continue to work with the County of San Luis
Obispo for any land use decisions that create
significant expansion of employment in the
unincorporated areas adjacent to the City to
mitigate housing impacts on the City.
10.4 Local
Preference
Encourage residential developers to sell or rent
their projects to those residing or employed in the
City first before outside markets.
Added to implement Policy 10.2.
10.5 Local
Preference
Work with Cal Poly to address the link between
enrollment and the expansion of campus housing
programs at Cal Poly University to reduce
pressure on the City's housing supply.
This program is covered in Program
8.16.
10.6 Local
Preference
Work with other jurisdictions to advocate for
State legislation that would: 1) provide funding to
help Cal Poly University provide adequate on-
campus student housing, and 2) allow greater
flexibility for State universities and community
colleges to enter into public-private partnerships
to construct student housing.
Relocated under Goal 8 as Program
8.22.
Goal 11 - Suitability. Develop and retain housing on sites that are suitable for that purpose.
Policies and programs within Goal 11 are covered by the other Goals of the Housing Element, the Housing Major City Goal,
the Conservation and Open Space Element, the Land Use Element, and the Safety Element.
11.1 Suitability Where property is equally suited for commercial
or residential uses, give preference to residential
use. Changes in land use designation from
residential to non-residential should be
discouraged.
11.2 Suitability Prevent new housing development on sites that
should be preserved as dedicated open space or
parks, on sites subject to natural hazards such as
unmitigable geological or flood risks, or wild fire
dangers, and on sites subject to unacceptable
levels of man-made hazards or nuisances,
including severe soil contamination, airport noise
or hazards, traffic noise or hazards, odors or
incompatible neighboring uses.
11.3 Suitability The City will continue to ensure the ability of
legal, non-conforming uses to continue where
new development is proposed.
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Department Name: Community Development
Cost Center: 4003
For Agenda of: September 1, 2020
Placement: Public Hearing
Estimated Time: 45 Minutes
FROM: Michael Codron, Community Development Director
Prepared By: Kyle Van Leeuwen, Assistant Planner
SUBJECT: REVIEW OF A COMMON INTEREST VESTING TENTATIVE TRACT MAP
(MAP NO. 3140) TO CREATE TEN RESIDENTIAL LOTS. THE PROJECT IS
WITHIN THE MILL STREET HISTORIC DISTRICT AND INCLUDES FIVE
NEW TWO-BEDROOM, TWO-STORY SINGLE-FAMILY RESIDENCES
AND THE RETENTION OF FIVE, TWO-BEDROOM, SINGLE-STORY
RESIDENCES, WHICH ARE ON THE CITY’S CONTRIBUTING LIST OF
HISTORIC PROPERTIES. THE PROJECT HAS REQUESTED EXCEPTIONS
FROM DEVELOPMENT STANDARDS TO ALLOW INTERIOR SIDE
SETBACKS TO BE REDUCED AND A REQUEST TO ALLOW REQUIRED
PARKING FOR THREE OF THE FIVE EXISTING RESIDENCES TO BE
PROVIDED IN TANDEM. AN INITIAL STUDY/MITIGATED NEGATIVE
DECLARATION IS PROPOSED.
RECOMMENDATION
Adopt a Resolution approving Vesting Tentative Tract Map (VTTM) No. 3140, the project
design, and adopt the associated Initial Study/Mitigated Negative Declaration (Attachment A).
DISCUSSION
Background
The applicant proposes to construct five new two -bedroom, two-story single-family residences
on a 0.86-acre site within the Mill Street Historic District. The site is north of the downtown core
in a neighborhood characterized by single-family and multi-family uses, with some offices to the
west near Santa Rosa Street. The site is currently developed with five existing single-family
residences, which are Contributing Historic Resources and will be retained in their existing
locations.
The project proposes one new residence on the corner of Peach and Toro Streets, with the four
other residences located interior to the site behind the existing structures. The project also
includes a subdivision of the property into ten lots; each lot would contain one single-family
residence. The applicant has requested exceptions from development standards to allow interior
side setbacks from proposed property lines to be reduced (five feet where seven feet is the
standard, six feet where eight feet is the standard, seven feet where eight or nine feet is the
standard, and eight feet where eleven feet is the standard), and to allow required parking for three
of the five existing residences to be provided in tandem (Attachment B, Project Plans and
Vesting Tentative Tract Map).
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Consistency with Subdivision Regulations
The applicant is requesting a common interest subdivision that includes easements for shared
vehicular access, sewer, drainage, and utilities. The vesting tentative map also identifies at least
150 square feet per residential unit of open space. In this type of common interest subdivision,
each lot is subject to the property development standards of the R-2 zone. These include
standards for lot coverage, density, and setbacks. All proposed lots are appropriately sized to
allow for a two-bedroom unit on each lot and are consistent with lot coverage standards. Some
setback reductions have been requested and are discussed further below.
TABLE 1. SUBDIVISION: LOT SIZE AND SIDE SETBACKS FROM PROPOSED
PROPERTY LINES
Lot Lot Size (sf) Structure Proposed Required**
East West East West
1 3,621 Existing 5 10 5 5
2 3,718 Existing 10 5 5 5
3 3,704 Existing 7* 6* 8 8
4 3,855 Existing 5* 8 7 7
5 3,739 New NA 7* NA 9
6 4,370 Existing NA 5 NA 5
7 3,617 New 7* 8 8 8
8 3,617 New 8* 8 11 8
9 3,622 New 9 9 8 8
10 3,624 New 11 NA 11 NA
*Exception Requested **Per City Zoning Regulations
Consistency with Zoning Regulations
The project design complies with density, lot coverage, building height, and front setback
development standards for the Medium-Density Residential (R-2) zone, and is compliant with
side and rear setback standards from all existing property lines. However, the project includes
requested exceptions to side setbacks standards in relation to the proposed property lines of the
common interest subdivision (see Table 1 Subdivision: Lot Size and Side Setbacks from
Proposed Property Lines). The project also includes a request to allow parking to be provided in
tandem for three of the five existing residences.
Side Setback Exceptions: The Zoning Regulations (§17.70.170 D.2.c.) provides that a reduction
in the side and rear setback standards may be approved within new residential subdivisions. The
proposed setbacks are consistent with this section because a separation of ten feet between
buildings will be maintained and an acceptable level of solar exposure will be provided
consistent with General Plan Conservation and Open Space Element (COSE) Policy 4.5.1.1
1 COSE Policy 4.5.1 To encourage use of solar energy, reasonable solar access shall be provided and protected.
The City will protect reasonable solar exposure for existing collectors and likely locations of future collectors, both
active and passive. Standards for the subdivision and development of property should assure desirable solar access,
as described in Table 2. Protection beyond that established by the City may be provided by recorded agreement
among private parties. Table 2. Desired Solar Access for: Residential uses between six and 12 dwellings per acre
(…) on sites less than one acre - Most roof areas, nearly all second-story and most first-story south walls should be
unshaded between 10 a.m. and 3 p.m. on the winter solstice.
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This policy calls for south facing walls and building roofs to be unshaded during midday hours
on the winter solstice. Consistency with this policy is illustrated by the solar study provided by
the applicant in project plans (Attachment B), showing that most roof areas, nearly all second-
story and most first-story south walls will be unshaded between 10:00 a.m. and 3:00 p.m. on the
winter solstice. All setbacks provided along existing property lines on the perimeter of the site
are consistent with Zoning Regulations standards.
Tandem Parking: The project also includes a request to allow parking for three of the five
existing residences to be in provided in tandem. The requested tandem parking approval will
formalize the parking scenario already in use for much of the site. The four residences fronting
Peach Street currently have access to onsite parking on three existing driveways that are wide
enough for only one car. This leaves one residence with no onsite parking. Staff has worked with
the applicant to develop a parking plan that will provide and formalize parking locations for all
existing residences facing Peach Street. This is accomplished though approval of tandem parking
and access to the proposed driveway isle. Additionally, the existing residence facing Toro Street
would be provided parking by utilizing the existing driveway along the south property line, also
in tandem. The draft council resolution includes conditions 8, 9, & 10, which require the final
map to identify the location of this required parking for the existing residences, but also provides
flexibility for a modified scenario if desired by the applicant. This modified scenario will be
supported if the number of tandem spaces can be reduced, consistent with the recommendation
of the Planning Commission.
Previous Advisory Body Action
On June 22, 2020, the Cultural Heritage Committee (CHC) reviewed the project and
recommended the Planning Commission (PC) find the project consistent with the Historic
Preservation Ordinance and Guidelines. The applicant also agreed to work with a subcommittee
of the CHC to explore options to provide additional architectural variety in architectural styling
of the interior structures (Attachment C, CHC Staff Report and Draft Meeting Minutes).
On June 30, 2020, City staff and members of the applicant’s architectural team met with two of
the CHC subcommittee members. The subcommittee members agreed that the modifications
made by the applicant’s architectural team successfully provided a variety in styling that better
reflects the neighborhood and setting (Attachment D, Staff Memo and Modified Project
Renderings).
On July 6, 2020, the Architectural Review Commission (ARC) reviewed the project, including
the modifications reviewed and agreed upon by the CHC subcommittee, and recommended the
PC find the project consistent with the Community Design Guidelines, with one recommended
condition to add “street trees” adjacent to the shared driveway along adjacent fencing.
(Attachment E, ARC Staff Report and Meeting Minutes).
On July 22, 2020, the Planning Commission (PC) considered the recommendations of the CHC
and ARC and reviewed the project for consistency with the General Plan, Zoning Regulations,
Subdivision Regulations, and applicable City development standards and guidelines. The PC
recommended approval of the project to the City Council, with minor changes to the proposed
conditions of approval (Attachment F, PC Resolution).
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Those changes included: (1) additional language allowing flexibility regarding the location of
parking for the existing residences to reduce the need for tandem parking; (2) a new condition
requiring additional plantings along the southern property line to provide additional privacy for
neighbors; and (3) specifically requiring that the parkway along Peach Street be restored to
facilitate the planting of required street trees (Attachment G, PC Staff Report and Draft Meeting
Minutes). These recommendations are included in the Draft Resolution (Attachment A) as
Conditions 8 through 10, 7, and 35, respectively.
Policy Context
The General Plan Land Use Element (LUE) provides policies for the conservation and
development of residential neighborhoods. LUE Policy 2.2.7 encourages infill development and
rehabilitation efforts that contribute positively to existing neighborhoods.2 The project is
consistent with this policy because it proposes infill development of a residential site within a
residential neighborhood and includes the retention of the five units existing on site. The project
is also consistent with LUE Policies 2.8 and 4.2.1 (A & B),3 pertaining to the Downtown
residential areas because the project includes the protection of existing homes and the creation of
additional dwellings within established density limits, which does not significantly change the
existing character of the area. The project also has the potential to reduce automobile dependence
in the Downtown area consistent with LUE Policy 2.9,4 which also supports sustainability goals.
The General Plan Housing Element also provides policies and programs that speak specifically
to supporting infill and densification within City Limits.5
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 for each public hearing associated with the project. Newspaper legal
advertisements were posted in the New Times ten days prior to the hearing. Additional ly,
postcards were sent to both tenants and owners of properties located within 300 feet of the
project site ten days before the hearing.
2 LUE Policy 2.2.7. The City shall promote infill development, redevelopment, rehabilitation, and adaptive reuse
efforts that contribute positively to existing neighborhoods and surrounding areas.
3 LUE Policy 2.8. In Downtown residential areas, the City should encourage the rehabilitation and maintenance of
existing housing. Additional dwellings may be permitted, in keeping with density limits, provided that the
existing character of the area is not significantly changed. Demolition of structurally sound dwellings shall be
strongly discouraged.
LUE Policy 4.2.1 A. Existing residential uses within and around the commercial core should be protected, and
new ones should be developed. B. Dwellings should be provided for a variety of households.
4 LUE Policy 2.9. The City shall encourage the development of Downtown housing that minimizes the need for
automobile use and minimizes the storage of vehicles in surrounding neighborhoods.
5 Housing Element Policy 6.10. To help meet the Quantified Objectives, the City will support residential infill
development and promote higher residential density where appropriate.
Housing Element Program 6.17 Encourage residential development through infill development and densification
within City Limits and in designated expansion areas over new annexation of land.
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CONCURRENCE
The proposed project has been reviewed by the Community Development Department (Planning,
Building, and Engineering), Public Works Department (Transportation), Utilities Department,
Fire Department, and City Arborist. Specifically, the engineering review included an evaluation
of the proposed approach to manage onsite drainage, and concluded the measures proposed are
consistent with City standards for low impact development. Staff comments provided during
review of the proposed project are incorporated into the presented evaluation and conditions of
approval.
CONSISTENCY COVID-19 ORDERS AND CURRENT FISCAL CONTINGENCY PLAN
This activity is presently allowed under the State and Local emergency orders associated with
COVID-19. This Project and associated staff work will be reimbursed by the Developer directly
or indirectly through fees and therefore consistent with the guidance of the City’s Fiscal Health
Contingency Plan.
ENVIRONMENTAL REVIEW
The proposed project has been analyzed pursuant to the California Environmental Quality Act
(CEQA). An Initial Study-Mitigated Negative Declaration (IS/MND) was prepared and
circulated from June 11, 2020 through July 11, 2020 (Attachment H, Initial Study/Mitigated
Negative Declaration). Comments were received from the State Department of Toxic Substances
Control recommending certain broad-based evaluations be included in the MND Hazards and
Hazardous Materials section. In review of these recommendations, staff finds that the Initial
Study sufficiently identifies the potential impacts related to hazardous materials for this project
and project site. Given the project’s size, location, surroundings, type (residential), and the
limited amount of grading required for the project, potential impacts would be mitigated by
Mitigation Measures AQ-3, AQ-4 and AQ-5. This was the only comment received during the 30-
day public comment period. The applicant has agreed to all mitigation measures proposed
specific to this project.
FISCAL IMPACT
Budgeted: No Budget Year: N/A
Funding Identified: No
Funding Sources Current FY Cost
Annualized
On-going Cost
Total Project
Cost
General Fund N/A
State
Federal
Fees
Other:
Total N/A
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When the General Plan was prepared, it was accompanied by a fiscal impact analysis, which
found that overall, the General Plan was fiscally balanced. Since the project does not propose to
change the General Plan designations of the site, it has a neutral fiscal impact.
ALTERNATIVES
1. Deny the Vesting Tentative Tract Map #3140 and the project design . Staff does not
recommend this alternative, because the project complies with the City’s Subdivision
Regulations and Zoning Regulations and would help meet the City’s housing objectives.
Findings of the City Council concerning such a recommendation would require development
of findings to support the recommendation.
2. Continue the item. The Council may continue its review of the project if additional
information is needed to make a decision. If additional information is needed, direction
should be provided to staff so that it can be presented at that subsequent hearing. The Council
may direct staff and the applicant to make specific changes to the project.
Attachments:
a - Draft Resolution
b - COUNCIL READING FILE - Project Plans and Vesting Tentative Tract Map
c - COUNCIL READING FILE - CHC Staff Report and Meeting Minutes dated 06/22/2020
d - COUNCIL READING FILE - Staff Memo and Modified Renderings
e - COUNCIL READING FILE - ARC Staff Report and Meeting Minutes dated 07/06/2020
f - Planning Commission Draft Resolution
g - COUNCIL READING FILE - PC Staff Report and Draft Minutes dated 07/22/2020
h - COUNCIL READING FILE - Initial Study-Mitigated Negative Declaration
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R ______
RESOLUTION NO. _____ (2020 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, APPROVING A COMMON INTEREST
VESTING TENTATIVE TRACT MAP NO. 3140 TO CREATE TEN (10)
RESIDENTIAL LOTS AND THE DEVELOPMENT REVIEW OF FIVE
NEW TWO-STORY SINGLE-FAMILY RESIDENTIAL STRUCTURES IN
THE MEDIUM DENSITY, HISTORIC PRESERVATION OVERLAY (R-2-
H) ZONE, AND ADOPTING A MITIGATED NEGATIVE DECLARATION
OF ENVIRONMENTAL REVIEW (ARCH-0568-2019/SBDV-0571-
2019/EID-0800-2019)
WHEREAS, the Cultural Heritage Committee of the City of San Luis Obispo conducted
a web based public hearing on June 22, 2020, recommending the Planning Commission find the
project consistent with the Historic Preservation Ordinance and Historic Preservation Program
Guidelines, pursuant to a proceeding instituted under ARCH-0568-2019, SBDV-0571-2019, and
EID-0800-2019, Levi Seligman, applicant; and
WHEREAS, the Architectural Review Commission of the City of San Luis Obispo
conducted a web based public hearing on June 6, 2020, recommending the Planning Commission
find the project consistent with the Community Design Guidelines, pursuant to a proceeding
instituted under ARCH-0568-2019, SBDV-0571-2019, and EID-0800-2019, Levi Seligman,
applicant and
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a web
based public hearing on July 22, 2020, for the purposes of considering SBDV-0571-2019, ARCH-
0568-2019 and EID-0800-2019, a vesting tentative tract map subdividing an approximately 0.86-
acre site into 10 lots, the design of the project, and considered an Initial Study-Mitigated Negative
Declaration (IS-MND) analyzing the proposed vesting tentative tract map and project design, Levi
Seligman, applicant; and;
WHEREAS, the City Council of the City of San Luis Obispo conducted a web based
public hearing on September 1, 2020, for the purpose of considering SBDV-0571-2019, ARCH-
0568-2019 and EID-0800-2019, a vesting tentative tract map subdividing an approximately 0.86-
acre site into 10 lots, the design of the project, and considered an Initial Study-Mitigated Negative
Declaration (IS-MND) analyzing the proposed vesting tentative tract map and project design; and
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Findings. The City Council hereby approves the project (SBDV 0571-2019,
ARCH-0568-2019, & EID-0800-2019), based on the following findings:
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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 Land Use Element Policy 2.2.7 because the project includes
infill development and rehabilitation efforts that contribute positively to the existing
neighborhood and surrounding area.
3. The project is consistent with Land Use Element Policy 2.8 because the project includes the
rehabilitation and maintenance of existing housing and provides additional dwellings that
keep with density limits and do not significantly change the existing character of the area in
a Downtown residential area.
4. The project is consistent with Land Use Element Policy 2.9 because the project provides
Downtown housing that minimizes the need for automobile use and storage of vehicles in
surrounding neighborhoods.
5. The project is consistent with Land Use Element Policy 4.2.1 because the project protects
existing and provides new residential uses around the Downtown core and contributes to the
variety of housing types in the area.
6. The project is consistent with Housing Element policies and programs (6.10 and 6.17)
because the project consists of residential infill development.
7. The project is consistent with the 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.
8. As conditioned, the project is consistent with the Zoning Regulations, since the proposed
building design complies with property development standards for height, coverage, and
parking, for the Medium Density Residential (R-2) zone.
Architectural Review Findings
9. The project is consistent with the Historic Preservation Ordinance and Historic Preservation
Program Guidelines for construction in historic districts because the structures are designed
to be architecturally compatible with the districts prevailing character and nearby historic
resources. The project is consistent with the scale, massing, rhythm, signature architectural
elements, exterior materials, siting and street yard setbacks of the district's historic structures
and does not sharply contrast with, significantly block public views of, or visually detract
from, the historic architectural character of historically designated structures located on or
adjacent to the project site.
10. As conditioned, the project is consistent with the Community Design Guidelines for Infill
Development because the architectural style is complementary to the surrounding
neighborhood and is designed consistent with the prevailing setback pattern of the
neighborhood (CDG, Chapter 5.3 & 5.4).
11. As conditioned, the project design is consistent with the Community Design Guidelines by
providing a variety of architectural treatments that add visual interest and articulation to the
building design that are compatible with the design and scale of the existing structures in the
surrounding neighborhood (CDG, Chapter 5.3).
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Subdivision Findings
12. The site is physically suited for the type of development allowed in the medium-density (R-
2) zone and provides for passive and natural heating or cooling opportunities i n the
subdivision.
13. The tentative map, as conditioned, will comply with all environmental mitigation measures
prescribed herein, and therefore is consistent with the California Environmental Quality Act
and the Initial Study-Mitigated Negative Deceleration (IS-MND).
14. The design of the vesting tentative map and proposed improvements are not likely to cause
serious health problems or substantial environmental damage since further development or
redevelopment of the proposed parcels will occur consistent with the City’s Development
Standards, Mitigation Measures, and Conditions of Approval.
15. The project insures safe, orderly development because the project complies with the City’s
housing goals and the City’s General Plan to maintain a compact urban form.
Variable Side and Rear Setback in New Subdivision Findings
16. The reduced side and rear setbacks proposed (a setback of five feet where seven is the
standard, six feet where eight feet is the standard, seven feet where nine feet is the standard,
and eight feet where eleven feet is the standard) are consistent with section 17.70.170. (D.2.c)
of the Zoning Regulations, because a separation of at least 10 feet between buildings on
adjacent lots will be maintained and an acceptable level of solar exposure will be guaranteed
by the proposed setbacks consistent with the solar access standards of General Plan
Conservation and Open Space Element Policy 4.5.1. The setbacks are consistent with this
policy because most roof areas, nearly all second-story south walls, and most first-story south
walls will be unshaded between 10 a.m. and 3 p.m. on the winter solstice.
17. All proposed side and rear building setback exceptions meet the five-foot minimum
requirement specified in the Zoning Regulations for the R-2 zone.
18. All setbacks between proposed structures and previously established property lines are
consistent with Zoning Regulations Standards for the R-2 Zone.
Tandem Parking Findings
19. As conditioned, the proposed tandem parking for residential use is consistent with section
17.72.090 (C.1) because the spaces are identified for the exclusive use of occupants of a
designated dwelling.
20. The proposed tandem parking provides needed flexibly on a site constrained by the location
of existing historic structures and existing parking arrangements.
21. The proposed tandem parking is safe and compatible with the surrounding neighborhood
because both Peach and Toro Streets are classified as Residential Local streets and are
consistent with the current parking arrangement on site and in the neighborhood.
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SECTION 2. Environmental Review. The City Council hereby adopts the proposed Initial
Study/Mitigated Negative Declaration (IS/MND) of Environmental Impact, 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.
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. In addition, 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 holiday and weekend periods when work may not be in progress. The
name and telephone number of such persons shall be provided to the City Community
Development Department prior to commencement of construction. 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.
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a. Reduce the amount of disturbed area where possible.
b. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne
dust from leaving the site and from exceeding the SLOAPCD’s limit of 20%
opacity for greater than 3 minutes in any 60-minute period. Increased watering
frequency would be required whenever wind speeds exceed 15 miles per hour.
Reclaimed (non-potable) water should be used whenever possible.
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 1 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 soil binders, jute netting, or other methods approved in advance
by the SLOAPCD.
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 are used.
h. Vehicle speed for all construction vehicles shall not exceed 15 miles per hour 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 2 feet of freeboard (minimum vertical distance between top of load
and top of trailer) in accordance with California Vehicle Code Section 23114.
j. “Track Out” is defined as sand or soil that adheres to and/or agglomerates on the
exterior surfaces of motor vehicles and/or equipment (including tires) that may then
fall onto any highway or street as described in California Vehicle Code Section
23113 and California Water Code Section 13304. To prevent track out, designate
access points and require all employees, subcontractors, and others to use them.
Install and operate a “track-out prevention device” where vehicles enter and exit
unpaved roads onto paved streets. The track-out prevention device can be any
device or combination of devices that are effective at preventing track out, located
at the point of intersection of an unpaved area and a paved road. Rumble strips or
steel plate devices need periodic cleaning to be effective. If paved roadways
accumulate tracked out soils, the track-out prevention device may need to be
modified.
k. Sweep streets at the end of each day if visible soil material is carried onto adjacent
paved roads. 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 should be shown on grading and building
plans.
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m. The contractor or builder shall designate a person or persons whose responsibility
is to ensure any fugitive dust emissions do not result in a nuisance and to enhance
the implementation of the mitigation measures as necessary to minimize dust
complaints and reduce visible emissions below the SLOAPCD’s limit of 20%
opacity for greater than 3 minutes in any 60-minute period. Their duties shall
include holidays and weekend periods when work may not be in progress (for
example, wind-blown dust could be generated on an open dirt lot). The name and
telephone number of such persons shall be provided to the SLOAPCD Compliance
Division prior to the start of any grading, earthwork, or demolition (Contact Tim
Fuhs at 805-781-5912).
AQ-3 Prior to initiation of ground-disturbing activities, the applicant shall retain a registered
geologist to conduct a geologic evaluation of the property, including sampling and testing
for NOA in full compliance with SLOAPCD requirements and the CARB ATCM for
Construction, Grading, Quarrying, and Surface Mining Operations (17 CCR 93105). 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 NOA, the applicant must file an Asbestos ATCM exemption request
with the SLOAPCD.
AQ-4 If NOA are determined to be present on-site, proposed earthwork, demolition, and
construction activities shall be conducted in full compliance with the various regulatory
jurisdictions regarding NOA, including the CARB ATCM for Construction, Grading,
Quarrying, and Surface Mining Operations (17 CCR 93105) and requirements stipulated
in the National Emission Standard for Hazardous Air Pollutants (NESHAP; 40 Code of
Federal Regulations [CFR] Section 61, Subpart M – Asbestos). These requirements
include, but are not limited to, the following:
a. Written notification, within at least 10 business days of activities commencing, to
the SLOAPCD;
b. Preparation of an asbestos survey conducted by a Certified Asbestos Consultant;
and
c. Implementation of applicable removal and disposal protocol and requirements for
identified NOA.
AQ-5 Prior to initiation of demolition 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 structures onsite:
a. Demolition of the on-site structures 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.
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b. If during the demolition of the existing structures, 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.
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 and documentation showing compliance with
measures AQ-4 and AQ-5 to the City Community Development Department upon completion and
prior to issuance of grading permits.
BIOLOGICAL RESOURCES
BIO-1 If feasible, tree removal associated with any future residential (or accessory) development
at the project site shall be scheduled to occur from September 16 to January 31, outside of
the typical nesting bird season, to avoid potential impacts to nesting birds. If tree removal
or other construction activities are proposed during the nesting season (February 1 through
September 15), prior to any ground disturbing activity, surveys for active nests shall be
conducted by a qualified biologist within one week prior to the start of activities. If nesting
birds are located on or near the proposed project site, they shall be avoided until they have
successfully fledged, or the nest is no longer deemed active. A non-disturbance buffer of
50 feet will be placed around non-listed, passerine species, and a 250-foot buffer will be
implemented for raptor species. All activity will remain outside of that buffer until a
qualified biologist has determined that the young have fledged or that proposed
construction activities would not cause adverse impacts to the nest, adults, eggs, or young.
If special-status avian species are identified, no work shall be conducted until an
appropriate buffer is determined in consultation with the City and the California
Department of Fish and Wildlife and/or the U.S. Fish and Wildlife Service.
Monitoring Program: These conditions and measures shall be noted on all grading and
construction plans. The City Community Development Department and Natural Resources
Manager shall verify compliance through regular inspections and review of monitoring reports, as
necessary.
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CULTURAL RESOURCES
CR-1 Cultural Resource Awareness Training. Prior to construction activities, a qualified
archaeologist shall conduct a cultural resource awareness training for all construction
personnel including the following:
a. Review the types of archaeological artifacts that may be uncovered;
b. Provide examples of common archaeological artifacts to examine;
c. Review what makes an archaeological resource significant to archaeologists and
local native Americans;
d. Describe procedures for notifying involved or interested parties in case of a new
discovery;
e. Describe reporting requirements and responsibilities of construction personnel;
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.
CR-2 If cultural resources are encountered during subsurface earthwork activities, all ground
disturbing activities within a 25-foot radius of the find shall cease and the City shall be
notified immediately. Work shall not continue until a City-qualified archaeologist assesses
the find and determines the need for further study. If the find includes Native American
affiliated materials, a local Native American tribal representative will be contacted to work
in conjunction with the City-approved archaeologist to determine the need for further
study. A standard inadvertent discovery clause shall be included in every grading and
construction contract to inform contractors of this requirement. Any previously
unidentified resources found during construction shall be recorded on appropriate
California Department of Parks and Recreation (DPR) forms and evaluated for significance
in terms of CEQA criteria by a qualified archaeologist.
If the resource is determined significant under CEQA, the qualified archaeologist shall
prepare and implement a research design and archaeological data recovery plan, in
conjunction with locally affiliated Native American representative(s) as necessary, that will
capture those categories of data for which the site is significant. The archaeologist shall
also perform appropriate technical analysis, prepare a comprehensive report, and file it with
the Central Coast Information Center (CCIC), located at the University of California, Santa
Barbara, and provide for the permanent curation of the recovered materials.
CR-3 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 and locally affiliated Native American representative(s) (as
necessary) shall be notified. State Health and Safety Code Section 7050.5 requires that no
further disturbance of the site or any nearby area reasonably 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. These requirements shall be printed on
all building and grading plans.
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Monitoring Program: These conditions shall be noted on all grading and construction plans. The
City shall review and approve the City-qualified archaeologist consistent with the Archaeological
Resource Preservation Program Guidelines.
HAZARDS AND HAZARDOUS MATERIALS
Implement Mitigation Measures AQ-3, AQ-4, and AQ-5.
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 and documentation showing compliance with
measures AQ-4 and AQ-5 to the City Community Development Department upon completion and
prior to issuance of grading permits.
NOISE MITIGATION
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.).
N-2 Construction plans shall note construction hours, truck routes, and all construction noise
Best Management Practices (BMPs) on project plans, which 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.
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N-3 Construction activities shall be conducted so that the maximum noise levels at affected
properties will not exceed 75 dBA for single-family residences where feasible.
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 complaint 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.
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.
TRIBAL CULTURAL RESOURCES
Implement Mitigation Measures CR-1 through CR-3.
Monitoring Program: These conditions shall be noted on all grading and construction plans. The
City shall review and approve the City-qualified archaeologist consistent with the Archaeological
Resource Preservation Program Guidelines.
UTILITIES AND SERVICES SYSTEM
Implement Mitigation Measures AQ-1 through AQ-5, BIO-1, CR-1 through CR-3, and N-1
through N-5.
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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 and documentation showing compliance with
measures AQ-4 and AQ-5 to the City Community Development Department upon completion and
prior to issuance of grading permits. BIO-1, CR-1 through CR-3, and N1 through N-5 shall be
noted on all grading and construction plans. The City Community Development Department shall
verify compliance through regular inspections and review of monitoring reports, as necessary.
SECTION 3. Action. The City Council hereby approves the common interest subdivision
and project design with the incorporation of appropriate conditions. 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 grants final approval, subject to the following conditions:
Planning Division - Architectural Conditions
1. Final project design and construction drawings submitted for a building permit shall be in
substantial compliance with the project plans approved by the PC (ARCH-0568-2019 &
SBDV-0571-2019). A separate, full-size sheet shall be included in working drawings
submitted for a building permit that lists all 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. Plans submitted for a building permit shall call out the colors and materials of all proposed
building surfaces and other improvements. Colors and materials shall be consistent with the
color and material board submitted and/or reviewed at the Architectural Review Commission
hearing on June 6, 2020.
3. 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.
4. 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 repr esentation 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 17.70.100
of the Zoning Regulations.
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5. 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.
6. Plans submitted for a building permit shall show no less than five trees to be planted along
the north edge of the common drive isle, spaced approximately 35 feet apart, and of a species
on the City’s approved street tree list.
7. Plans submitted for a building permit shall show trees or other means of vertical landscaping
along the southern edge of the project site to provide privacy and screening between new
structures and existing residential properties on Mill Street.
Planning Division – Subdivision Conditions
8. The subdivider shall include on the final map an access and parking easement for the benefit
of lot 2 that secures the use of no less than 56.8 feet of the existing driveway between the
residences at 1143 Peach Street and 1151 Peach Street, extending from the northwest property
line, or an alternative parking scenario acceptable to the Community Development Director
to reduce tandem parking.
9. The subdivider shall include on the final map an access and parking easement for the benefit
of lot 4 that secures the use of no less than 56.8 feet of the existing driveway between the
residences at 1151 Peach Street and 1163 Peach Street, extending from the northwest property
line, or an alternative parking scenario acceptable to the Community Development Director
to reduce tandem parking.
10. The subdivider shall include on the final map two access and parking easements for the benefit
of lot 3 that secures the use of no less than 18.4 feet of the existing driveway between the
residences at 1143 and 1151 Peach Street, and the existing driveway between the residences
at 1151 and 1163 Peach Street, adjacent to and extending from the new common drive isle, or
an alternative parking scenario acceptable to the Community Development Director to reduce
tandem parking.
Engineering Division – Public Works/Community Development - Architectural Conditions
11. Except for any proposed “model home(s)”, the subdivision map shall be recorded prior to
building permit issuance for new dwellings.
12. The building plan submittal shall show and label all property lines, dedications, public
easements, and private easements in accordance with the tract map. The building plans shall
show and label all existing and proposed survey monumentation for reference. The plan shall
note the required monument preservation or replacement for any disturbed monuments
13. The building plan submittal shall show and label all existing and proposed frontage
improvements and sidewalk furniture located within the public right-of-way to scale on the
site plan for reference. Improvements to be shown include but are not limited to curb, gutter
& sidewalk, driveway approaches, catch basins, curb ramps, fire hydrants, street lights, utility
poles, parking meters, curb and street painting, overhead and underground utility services,
utility vaults, water meter vaults, water and sewer services, utility abandonments, street signs,
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sidewalk underdrains, fences, retaining walls, landscape improvements, and street trees. Plan
must differentiate between existing frontage improvements and new frontage improvements.
New improvements shall include reference to the applicable Engineering Standards.
14. Prior to building permit issuance, any existing steps, concrete pads, walls, fences, etc. that are
located in the right-of-way shall be removed or relocated unless an encroachment agreement
is requested and approved by the city.
15. Projects involving the construction of new structures require that complete frontage
improvements be installed and that existing improvements be upgraded per City Engineering
Standards. Pursuant to Municipal Code 12.16.050, plans submitted for a building permit shall
show these improvements.
16. Any sections of damaged or displaced curb, gutter & sidewalk or driveway approach shall be
repaired or replaced to the satisfaction of the Public Works Director. All areas to be repaired
or replaced shall be shown on the building plan submittal for referen ce.
17. Sections of damaged curb, gutter, or sidewalk adjacent to the large ficus trees on Peach Street
shall be repaired or replaced due to root intrusion to the satisfaction of the Public Works
Director. New bulb-outs may be considered to retain existing trees. A site visit shall be
arranged with the Community Development and/or Public Works Department to coordinate a
site visit with the City Arborist to discuss areas to be repaired and/or replaced. Areas to be
repaired or replaced shall be shown on the building plans submittal for reference.
18. The building plan submittal shall show the existing curb ramp at the corner of Peach and Toro
and clarify if it complies with current Americans with Disabilities Act (ADA), City Standard
#4440, and Cal Trans Standards Plan RSP A88A.
19. The building plan submittal shall show the existing shared driveway curb drop off between
1137 & 1127 Peach Street. Provide details of this curb drop off transition and any treatment
features that will be included and installed to mitigate the interface. If a property line fence
is proposed, the fence height and line-of-sight analysis shall conform to City standards.
20. The subdivision improvement plans may be included within the building permit plan set.
Separate record drawings (as-built) plans may be required at the completion of the project. A
separate subdivision improvement plan review fee will be required based on the fee schedule
in effect at the time of plan submittal. A separate encroachment permit will be required to
cover the required Public Works Department inspections.
21. The building permit submittal shall show and note compliance with the Post Construction
Stormwater Regulations and the City’s Drainage Design Manual. This project is considered
to be a common plan and is not a single-family residential project for purposes of evaluating
the Performance Requirement triggers. The altered and/or replaced frontage improvements
shall be included in the area analysis. Unless the net impervious area is less than 5,000 square
feet, compliance with Performance Requirement 2 will be required
22. The building plan submittal shall include an operations and maintenance manual as required
for the Post Construction Stormwater improvements, if applicable. A private stormwater
conveyance agreement will be required and shall be recorded prior to final inspection
approvals.
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23. Documents submitted for a building permit shall show compliance with the grading ordinance
of the adopted building code, and a summary drainage report or note on building plans shall be
provided showing the pre vs. post drainage analysis for the 2 through 100-year storm with plans
submitted for a building permit. Improved or diverted drainage shall not be directed across the
side or rear property lines unless conveyed in an existing waterway, or a drainage easement.
24. The building plan submittal shall include a complete grading and drainage plan for this project.
The plan shall show the existing and proposed contours and/or spot elevations to clearly depict
the proposed grading and drainage. The plan shall show and label the high point elevation or
grade break at the yard areas and drainage arrows to show the proposed drainage. Plans shall
include the finished floor (FF) of the residences/garage, patio finish surface elevations, finish
grade elevations, and yard drainage.
25. Plans submitted for a building permit shall show that any improved drainage is directed to a
non-erosive outlet and ultimately discharged to the face of curb on Peach Street with an
approved sidewalk underdrain, per City Engineering Standards.
26. The building submittal shall include a complete site utility plan. The utility plan shall show all
existing and proposed on-site and off-site utilities. Show the location of all overhead and
underground utilities along with the location of any utility company meters. Show all existing
and proposed improvements located within the public right-of-way if applicable.
27. The building submittal shall show all new wire utilities to serve the development on all ten
parcels to be underground. The underground wiring shall be achieved without a net increase in
wood utility poles located within the public right-of-way unless otherwise approved by the City
and serving utility companies. Interim overhead wiring may be proposed to provide
replacement services to the existing residences until the PGE underground service to the
subdivision is available for the underground conversion.
28. PG&E and Tele-Com plans shall be provided in conjunction with the building plan submittal
and/or subdivision plans. Preliminary plans shall be reviewed by the engineer of record for
consistency with the overall design. The final PG&E handout package shall be reviewed and
approved by the engineer of record and the City prior to construction. PG&E, AT&T, and
Charter plans shall not be deferred unless specifically approved for deferral by the City.
29. If allowed by PG&E, plans submitted for a building permit shall show and reference a new
streetlight to be located on the existing wood joint pole on Toro Street, in accordance with
Engineering Standards #1010.G, #7520, and #7910.
30. Plans submitted for a building permit shall show newly provided driveway and parking areas in
compliance with the Parking and Driveway Standards for dimensions, maneuverability, slopes,
drainage, and materials. Alternate paving material shall be provided consistent with project
plans and to the satisfaction of the Planning Division.
31. A final landscape plan shall be included with plans submitted for a building permit and shall
show a line-of-sight analysis for new plantings at driveway approaches to the satisfaction of the
City Engineer
32. The building plan submittal shall show all existing trees to be removed and trees to be retained.
The plan shall show any neighboring trees with canopies/root zones within the area of
construction disturbance. Tree preservation measures shall be shown and noted on the building
plans to the satisfaction of the Community Development and Public Works Departments
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33. Safety pruning may be required for any existing street trees depending upon the scope of
proposed work and required construction activities. If required, any existing street trees along
the property frontage shall be safety pruned to the satisfaction of the City Arborist prior to
building permit issuance.
34. Plans submitted for a building permit shall show street trees at an approximate rate of one tree
per each 35 lineal feet of frontage. The City Arborist shall approve the proposed tree species
based on the location, soils type, and overhead wiring conflicts. The City Arborist shall review
and approve the tree species for the newly planted parkway trees prior to acceptance as
satisfying the street tree requirement.
35. The building plan shall show the removal of the infilled parkway to provide a tree planting area
for new street trees. Parkway plantings shall include provisions for irrigation from the on-site
irrigation system. All parkways shall be kept with plantings, groundcovers, or stable landscape
materials and shall be free of any debris for perpetuity.
36. The building plan submittal shall show the limits of the existing catch basin opening and
infrastructure for reference.
Engineering Division – Public Works/Community Development - Subdivision Conditions
37. The subdivision shall be recorded with a final map. The map preparation and monumentation
shall be in accordance with the city’s Subdivision Regulations, Engineering Standards, and the
Subdivision Map Act. The parcel map shall use U.S. Customary Units in accordance with the
current City Engineering Standards.
38. All map exhibits and legal descriptions shall be prepared by a California Licensed Land
Surveyor or Civil Engineer authorized to practice land surveying.
39. Prior to map recordation, Park In-Lieu fees shall be paid for the proposed new dwelling
units/lots. Credit for the existing houses to remain will be applicable.
40. A separate subdivision improvement or miscellaneous public improvement plan is not required.
The building plan submittal may be used to show some or all of the required private on -site
subdivision improvements. Improvements located within the public right-of-way will require
a separate encroachment permit and associated inspection fees based on the fee schedule in
effect at the time of permit issuance. A separate subdivision improvement plan revi ew fee and
subdivision map check fee will be required for the Public Works Department review and
inspection of the public subdivision/development improvements and map in accordance with
the most current fee resolution.
41. The site development plan submittal shall show any parking, access, utility, site, and/or drainage
improvements required to support the proposed subdivision. The building plan submittal shall
show all existing public and/or private utilities and improvements shall be approved to the
satisfaction of the Community Development Director and Public Works Director prior to
recordation of the parcel map. Unless otherwise waived or deferred, the site/utility plan shall
include drainage improvements, water, sewer, storm drains, gas, electricity, telephone, cable
TV, and any related utility company meters for each parcel if applicable. Any utility relocations,
demolitions, and/or other on-site work shall be completed with proper permits and receive final
inspection approvals prior to recordation of the parcel map.
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42. If “all electric” residences are proposed, gas service may not be required to each parcel. If
proposed, a “Notice of Requirements” may be required for concurrent recordation with the
map to identify the lack of gas service to any parcel(s).
43. Plans submitted for subdivision shall show the proposed water service lateral(s), meter sizing,
and private service laterals, sized in accordance with the approved fire sprinkler plans. Unless
a design exception is specifically approved, City Engineering Standards limit a meter
manifold to 4 1” water meters. A separate service lateral and meter manifold may be required
to accommodate the number of units, fire flow requirements, and the potential addition of a
common area landscape meter.
44. Any easements including but not limited to provisions for all public and private utilities,
access, grading, drainage, storm drain systems, construction, common driveways, and
maintenance of the same shall be shown on the final map and/or shall be recorded separately
prior to map recordation if applicable. Said easements may be provided for in part or in total
as blanket easements.
45. A 10’ Street Tree easement and 10’ PUE shall be shown and noted on the map along both the
Peach and Toro street frontages.
46. A separate public pedestrian easement may be required behind the new or redeveloped
driveway approach(es) to accommodate the ADA sidewalk extension(s).
47. The map may be recorded prior to construction of the required public and/or private
subdivision improvements. If so, the map conditions or code requirements may be satisfied
by the preparation and approval of a subdivision improvement plan. A subdivision agreement
and guarantee will be required for this process.
48. An Operation and Maintenance Manual and Private Stormwater Conveyance Agreement shall
be provided in conjunction with the development project. The Stormwater Agreement shall
be recorded separately or concurrent with the map recordation.
49. The final map shall include reference to the project soils report in accordance with the
subdivision regulations. The report may be included on the cover sheet of the map or could
be included on an “additional map sheet”.
Utilities Department
50. Plans submitted for a building permit shall label all existing sewer laterals to remain or to be
abandoned per City Standards.
51. Plans submitted for a building permit showing sewer and water services shall be in accordance
with the engineering design standards in effect at the time the building permit is approved.
52. Plans submitted for a building permit shall clarify the size of existing and proposed water
services and water meters for the project.
53. 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.
54. The building permit submittal shall include the San Luis Garbage Company letter of service
within the plan set.
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55. The City’s Development Standards for Solid Waste Services require that single family
residential projects with interior storage are designed and constructed to include adequate
storage space for three 96-gallon waste wheelers. The minimum space required shall be 92”
side by 36” deep by 6’ tall. This area shall be depicted on the plans submitted for a building
permit or a Conditional Exception Application shall be provided.
56. Plans submitted for a building permit shall show the location of garbage, recycling and
organic bins located for pickup.
57. Projects having landscape areas greater than 500 square feet shall provide a Maximum
Applied Water Allowance calculation as required by the Water Efficient Landscape
Standards; Chapter 17.87 of the City’s Municipal Code.
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Indemnification
58. 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 _________________, seconded by Council Member
_________________, and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _____________________ 2020.
____________________________________
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, on ____________________.
____________________________________
Teresa Purrington
City Clerk
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RESOLUTION NO. PC-XXXX-20
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SAN LUIS OBISPO, CALIFORNIA, RECOMMENDING THE CITY
COUNCIL ADOPT A MITIGATED NEGATIVE DECLARATION OF
ENVIRONMENTAL REVIEW, A COMMON INTEREST VESTING
TENTATIVE TRACT MAP NO. 3140 TO CREATE TEN (10)
RESIDENTIAL LOTS, AND APPROVE THE DEVELOPMENT REVIEW
OF FIVE NEW TWO-STORY SINGLE-FAMILY RESIDENTIAL
STRUCTURES IN THE MEDIUM DENSITY, HISTORIC
PRESERVATION OVERLAY (R-2-H) ZONE (ARCH-0568-2019/SBDV-
0571-2019/EID-0800-2019)
WHEREAS, the Cultural Heritage Committee of the City of San Luis Obispo conducted
a web based public hearing on June 22, 2020, recommending the Planning Commission find the
project consistent with the Historic Preservation Ordinance and Historic Preservation Program
Guidelines, pursuant to a proceeding instituted under ARCH-0568-2019, SBDV-0571-2019, and
EID-0800-2019, Levi Seligman, applicant; and
WHEREAS, the Architectural Review Commission of the City of San Luis Obispo
conducted a web based public hearing on June 6, 2020, recommending the Planning Commission
find the project consistent with the Community Design Guidelines, pursuant to a proceeding
instituted under ARCH-0568-2019, SBDV-0571-2019, and EID-0800-2019, Levi Seligman,
applicant and
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a web
based public hearing on July 22, 2020, pursuant to a proceeding instituted under ARCH-0568-
2019, SBDV-0571-2019, and EID-0800-2019, Levi Seligman, applicant; and
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law; and
WHEREAS, the Planning Commission 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.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
San Luis Obispo as follows:
SECTION 1. Findings. The Planning Commission hereby recommends the City Council
approve the project (ARCH-0568-2019, SBDV 0571-2019, & EID-0800-2019), based on the
following findings:
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
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will be compatible with the scale and character of the neighborhood.
2. The project is consistent with Land Use Element Policy 2.2.7 because the project includes
infill development and rehabilitation efforts that contribute positively to the existing
neighborhood and surrounding area.
3. The project is consistent with Land Use Element Policy 2.8 because the project includes the
rehabilitation and maintenance of existing housing and provides additional dwellings that
keep with density limits and do not significantly change the existing character of the area in
a Downtown residential area.
4. The project is consistent with Land Use Element Policy 2.9 because the project provides
Downtown housing that minimizes the need for automobile use and storage of vehicles in
surrounding neighborhoods.
5. The project is consistent with Land Use Element Policy 4.2.1 because the project protects
existing and provides new residential uses around the Downtown core and contributes to the
variety of housing types in the area.
6. The project is consistent with Housing Element policies and programs (6.10 and 6.17)
because the project consists of residential infill development.
7. The project is consistent with the 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.
8. As conditioned, the project is consistent with the Zoning Regulations, since the proposed
building design complies with property development standards for height, coverage, and
parking, for the Medium Density Residential (R-2) zone.
Architectural Review Findings
9. The project is consistent with the Historic Preservation Ordinance and Historic Preservation
Program Guidelines for construction in historic districts because the structures are designed
to be architecturally compatible with the districts prevailing character and nearby historic
resources. The project is consistent with the scale, massing, rhythm, signature architectural
elements, exterior materials, siting and street yard setbacks of the district's historic structures
and does not sharply contrast with, significantly block public views of, or visually detract
from, the historic architectural character of historically designated structures located on or
adjacent to the project site.
10. As conditioned, the project is consistent with the Community Design Guidelines for Infill
Development because the architectural style is complementary to the surrounding
neighborhood and is designed consistent with the prevailing setback pattern of the
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neighborhood (CDG, Chapter 5.3 & 5.4).
11. As conditioned, the project design is consistent with the Community Design Guidelines by
providing a variety of architectural treatments that add visual interest and articulation to the
building design that are compatible with the design and scale of the existing structures in the
surrounding neighborhood (CDG, Chapter 5.3).
Subdivision Findings
12. The site is physically suited for the type of development allowed in the medium -density (R-
2) zone and provides for passive and natural heating or cooling opportunities in the
subdivision.
13. The tentative map, as conditioned, will comply with all environmental mitigation measures
prescribed herein, and therefore is consistent with the California Environmental Quality Act
and the Initial Study-Mitigated Negative Deceleration (IS-MND).
14. The design of the vesting tentative map and proposed improvements are not likely to cause
serious health problems or substantial environmental damage since further development or
redevelopment of the proposed parcels will occur consistent with the City’s Development
Standards, Mitigation Measures, and Conditions of Approval.
15. The project insures safe, orderly development because the project complies with the City’s
housing goals and the City’s General Plan to maintain a compact urban form.
Variable Side and Rear Setback in New Subdivision Findings
16. The reduced side and rear setbacks proposed (a setback of five feet where seven is the
standard, six feet where eight feet is the standard, seven feet where nine feet is the standard,
and eight feet where eleven feet is the standard) are consistent with section 17.70.170. (D.2.c)
of the Zoning Regulations, because a separation of at least 10 feet between buildings on
adjacent lots will be maintained and an acceptable level of solar exposure will be guaranteed
by the proposed setbacks consistent with the solar access standards of General Plan
Conservation and Open Space Element Policy 4.5.1. The setbacks are consistent with this
policy because most roof areas, nearly all second-story south walls, and most first-story south
walls will be unshaded between 10 a.m. and 3 p.m. on the winter solstice.
17. All proposed side and rear building setback exceptions meet the five-foot minimum
requirement specified in the Zoning Regulations for the R-2 zone.
18. All setbacks between proposed structures and previously established property lines are
consistent with Zoning Regulations Standards for the R-2 Zone.
Tandem Parking Findings
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19. As conditioned, the proposed tandem parking for residential use is consistent with section
17.72.090 (C.1) because the spaces are identified for the exclusive use of occupants of a
designated dwelling.
20. The proposed tandem parking provides needed flexibly on a site constrained by the location
of existing historic structures and existing parking arrangements.
21. The proposed tandem parking is safe and compatible with the surrounding neighborhood
because both Peach and Toro Streets are classified as Residential Local streets and are
consistent with the current parking arrangement on site and in the neighborhood.
SECTION 2. 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 Planning
Commission hereby recommends the City Council adopt 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;
b. Diesel idling within 1,000 feet of sensitive receptors shall not be permitted;
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.
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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.
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. In addition, 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 holiday and weekend periods when work may not be in progress. The
name and telephone number of such persons shall be provided to the City Community
Development Department prior to commencement of construction. 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.
a. Reduce the amount of disturbed area where possible.
b. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne
dust from leaving the site and from exceeding the SLOAPCD’s limit of 20% opacity
for greater than 3 minutes in any 60-minute period. Increased watering frequency
would be required whenever wind speeds exceed 15 miles per hour. Reclaimed
(non-potable) water should be used whenever possible.
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 1 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 soil binders, jute netting, or other methods approved in advance
by the SLOAPCD.
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 are used.
h. Vehicle speed for all construction vehicles shall not exceed 15 miles per hour 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 2 feet of freeboard (minimum vertical distance between top of load
and top of trailer) in accordance with California Vehicle Code Section 23114.
j. “Track Out” is defined as sand or soil that adheres to and/or agglomerates on the
exterior surfaces of motor vehicles and/or equipment (including tires) that may then
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fall onto any highway or street as described in California Vehicle Code Section
23113 and California Water Code Section 13304. To prevent track out, designate
access points and require all employees, subcontractors, and others to use them.
Install and operate a “track-out prevention device” where vehicles enter and exit
unpaved roads onto paved streets. The track-out prevention device can be any
device or combination of devices that are effective at preventing track out, located
at the point of intersection of an unpaved area and a paved road. Rumble strips or
steel plate devices need periodic cleaning to be effective. If paved roadways
accumulate tracked out soils, the track-out prevention device may need to be
modified;
k. Sweep streets at the end of each day if visible soil material is carried onto adjacent
paved roads. 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 should be shown on grading and building
plans.
m. The contractor or builder shall designate a person or persons whose responsibility
is to ensure any fugitive dust emissions do not result in a nuisance and to enhance
the implementation of the mitigation measures as necessary to minimize dust
complaints and reduce visible emissions below the SLOAPCD’s limit of 20%
opacity for greater than 3 minutes in any 60-minute period. Their duties shall
include holidays and weekend periods when work may not be in progress (for
example, wind-blown dust could be generated on an open dirt lot). The name and
telephone number of such persons shall be provided to the SLOAPCD Compliance
Division prior to the start of any grading, earthwork, or demolition (Contact Tim
Fuhs at 805-781-5912).
AQ-3 Prior to initiation of ground-disturbing activities, the applicant shall retain a registered
geologist to conduct a geologic evaluation of the property, including sampling and testing
for NOA in full compliance with SLOAPCD requirements and the CARB ATCM for
Construction, Grading, Quarrying, and Surface Mining Operations (17 CCR 93105). 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 NOA, the applicant must file an Asbestos ATCM exemption request
with the SLOAPCD.
AQ-4 If NOA are determined to be present on-site, proposed earthwork, demolition, and
construction activities shall be conducted in full compliance with the various regulatory
jurisdictions regarding NOA, including the CARB ATCM for Construction, Grading,
Quarrying, and Surface Mining Operations (17 CCR 93105) and requirements stipulated
in the National Emission Standard for Hazardous Air Pollutants (NESHAP; 40 Code of
Federal Regulations [CFR] Section 61, Subpart M – Asbestos). These requirements
include, but are not limited to, the following:
a. Written notification, within at least 10 business days of activities commencing, to
the SLOAPCD;
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b. Preparation of an asbestos survey conducted by a Certified Asbestos Consultant;
and
c. Implementation of applicable removal and disposal protocol and requirements for
identified NOA.
AQ-5 Prior to initiation of demolition 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 structures onsite:
a. Demolition of the on-site structures 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 structures, 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.
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 and documentation showing compliance with
measures AQ-4 and AQ-5 to the City Community Development Department upon completion and
prior to issuance of grading permits.
BIOLOGICAL RESOURCES
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BIO-1 If feasible, tree removal associated with any future residential (or accessory) development
at the project site shall be scheduled to occur from September 16 to January 31, outside of
the typical nesting bird season, to avoid potential impacts to nesting birds. If tree removal
or other construction activities are proposed during the nesting season (February 1 through
September 15), prior to any ground disturbing activity, surveys for active nests shall be
conducted by a qualified biologist within one week prior to the start of activities. If nesting
birds are located on or near the proposed project site, they shall be avoided until they have
successfully fledged or the nest is no longer deemed active. A non -disturbance buffer of
50 feet will be placed around non-listed, passerine species, and a 250-foot buffer will be
implemented for raptor species. All activity will remain outside of that buffer until a
qualified biologist has determined that the young have fledged or that proposed
construction activities would not cause adverse impacts to the nest, adults, eggs, or young.
If special-status avian species are identified, no work shall be conducted until an
appropriate buffer is determined in consultation with the City and the California
Department of Fish and Wildlife and/or the U.S. Fish and Wildlife Service.
Monitoring Program: These conditions and measures shall be noted on all grading and
construction plans. The City Community Development Department and Natural Resources
Manager shall verify compliance through regular inspections and review of monitoring reports, as
necessary.
CULTURAL RESOURCES
CR-1 Cultural Resource Awareness Training. Prior to construction activities, a qualified
archaeologist shall conduct a cultural resource awareness training for all construction
personnel including the following:
a. Review the types of archaeological artifacts that may be uncovered;
b. Provide examples of common archaeological artifacts to examine;
c. Review what makes an archaeological resource significant to archaeologists and
local native Americans;
d. Describe procedures for notifying involved or interested parties in case of a new
discovery;
e. Describe reporting requirements and responsibilities of construction personnel;
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.
CR-2 If cultural resources are encountered during subsurface earthwork activities, all ground
disturbing activities within a 25-foot radius of the find shall cease and the City shall be
notified immediately. Work shall not continue until a City-qualified archaeologist assesses
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the find and determines the need for further study. If the find includes Native American
affiliated materials, a local Native American tribal representative will be contacted to work
in conjunction with the City-approved archaeologist to determine the need for further
study. A standard inadvertent discovery clause shall be included in every grading and
construction contract to inform contractors of this requirement. Any previously
unidentified resources found during construction shall be recorded on appropriate
California Department of Parks and Recreation (DPR) forms and evaluated for significance
in terms of CEQA criteria by a qualified archaeologist.
If the resource is determined significant under CEQA, the qualified archaeologist shall
prepare and implement a research design and archaeological data recovery plan, in
conjunction with locally affiliated Native American representative(s) as necessary, that will
capture those categories of data for which the site is significant. The archaeologist shall
also perform appropriate technical analysis, prepare a comprehensive report, and file it with
the Central Coast Information Center (CCIC), located at the University of California, Santa
Barbara, and provide for the permanent curation of the recovered materials.
CR-3 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 and locally affiliated Native American representative(s) (as
necessary) shall be notified. State Health and Safety Code Section 7050.5 requires t hat no
further disturbance of the site or any nearby area reasonably 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. These requirements shall be printed on
all building and grading plans.
Monitoring Program: These conditions shall be noted on all grading and construction plans. The
City shall review and approve the City-qualified archaeologist consistent with the Archaeological
Resource Preservation Program Guidelines.
HAZARDS AND HAZARDOUS MATERIALS
Implement Mitigation Measures AQ-3, AQ-4, and AQ-5.
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 and documentation showing compliance with
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measures AQ-4 and AQ-5 to the City Community Development Department upon completion and
prior to issuance of grading permits.
NOISE MITIGATION
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.).
N-2 Construction plans shall note construction hours, truck routes, and all construction noise
Best Management Practices (BMPs) on project plans, which 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 75 dBA for single-family residences where feasible.
N-4 For all construction activity at the project site, additional noise attenuation techniques s hall
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.
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• 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 complaint 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.
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.
TRIBAL CULTURAL RESOURCE
Implement Mitigation Measures CR-1 through CR-3.
Monitoring Program: These conditions shall be noted on all grading and construction plans. The
City shall review and approve the City-qualified archaeologist consistent with the Archaeological
Resource Preservation Program Guidelines.
UTILITIES AND SERVICES SYSTEM
Implement Mitigation Measures AQ-1 through AQ-5, BIO-1, CR-1 through CR-3, and N-1
through N-5.
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 and documentation showing compliance with
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measures AQ-4 and AQ-5 to the City Community Development Department upon completion and
prior to issuance of grading permits. BIO-1, CR-1 through CR-3, and N1 through N-5 shall be
noted on all grading and construction plans. The City Community Development Department shall
verify compliance through regular inspections and review of monitoring reports, as necessary.
SECTION 3. 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 Planning Commission (PC) hereby grants
final approval to the project with incorporation of the following conditions:
Planning Division - Architectural Conditions
1. Final project design and construction drawings submitted for a building permit shall be in
substantial compliance with the project plans approved by the PC (ARCH-0568-2019 &
SBDV-0571-2019). A separate, full-size sheet shall be included in working drawings
submitted for a building permit that lists all 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. Plans submitted for a building permit shall call out the colors and materials of all proposed
building surfaces and other improvements. Colors and materials shall be consistent with the
color and material board submitted with Architectural Review application or reviewed at the
Architectural Review Commission hearing on June 6, 2020 and Planning Commission
Hearing on July 22, 2020.
3. 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.
4. 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 Chapter 17.70.100
of the Zoning Regulations.
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5. 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.
6. Plans submitted for a building permit shall show no less than five trees to be planted along
the north edge of the common drive isle, spaced approximately 35 feet apart, and of a species
on the City’s approved street tree list.
7. Plans submitted for a building permit shall show trees or other means of vertical landscaping
along the southern edge of the project site to provide privacy and screening between new
structures and existing residential properties on Mill Street.
Planning Division – Subdivision Conditions
8. The subdivider shall include on the final map an access and parking easement for the benefit
of lot 2 that secures the use of no less than 56.8 feet of the existing driveway between the
residences at 1143 Peach Street and 1151 Peach Street, extending from the northwest property
line, or an alternative parking scenario acceptable to the Community Development Director
to reduce tandem parking.
9. The subdivider shall include on the final map an access and parking easement for the benefit
of lot 4 that secures the use of no less than 56.8 feet of the existing driveway between the
residences at 1151 Peach Street and 1163 Peach Street, extending from the northwest property
line, or an alternative parking scenario acceptable to the Community Development Director
to reduce tandem parking.
10. The subdivider shall include on the final map two access and parking easements for the benefit
of lot 3 that secures the use of no less than 18.4 feet of the existing driveway between the
residences at 1143 and 1151 Peach Street, and the existing driveway between the residences
at 1151 and 1163 Peach Street, adjacent to and extending from the new common drive isle, or
an alternative parking scenario acceptable to the Community Development Director to reduce
tandem parking.
Engineering Division – Public Works/Community Development - Architectural Conditions
11. Except for any proposed “model home(s)”, the subdivision map shall be recorded prior to
building permit issuance for new dwellings.
12. The building plan submittal shall show and label all property lines, dedications, public
easements, and private easements in accordance with the tract map. The building plans shall
show and label all existing and proposed survey monumentation for reference. The plan shall
note the required monument preservation or replacement for any disturbed monuments
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13. The building plan submittal shall show and label all existing and proposed frontage
improvements and sidewalk furniture located within the public right-of-way to scale on the
site plan for reference. Improvements to be shown include but are not limited to curb, gutter
& sidewalk, driveway approaches, catch basins, curb ramps, fire hydrants, street lights, utility
poles, parking meters, curb and street painting, overhead and underground utility services,
utility vaults, water meter vaults, water and sewer services, utility abandonments, street signs,
sidewalk underdrains, fences, retaining walls, landscape improvements, and street trees. Plan
must differentiate between existing frontage improvements and new frontage improvements.
New improvements shall include reference to the applicable Engineering Standards.
14. Prior to building permit issuance, any existing steps, concrete pads, walls, fences, etc. that are
located in the right-of-way shall be removed or relocated unless an encroachment agreement
is requested and approved by the city.
15. Projects involving the construction of new structures require that complete frontage
improvements be installed and that existing improvements be upgraded per City Engineering
Standards. Pursuant to Municipal Code 12.16.050, plans submitted for a building permit shall
show these improvements.
16. Any sections of damaged or displaced curb, gutter & sidewalk or driveway approach shall be
repaired or replaced to the satisfaction of the Public Works Director. All areas to be repaired
or replaced shall be shown on the building plan submittal for reference.
17. Sections of damaged curb, gutter, or sidewalk adjacent to the large ficus trees on Peach Street
shall be repaired or replaced due to root intrusion to the satisfaction of the Public Works
Director. New bulb-outs may be considered to retain existing trees. A site visit shall be
arranged with the Community Development and/or Public Works Department to coordinate a
site visit with the City Arborist to discuss areas to be repaired and/or replaced. Areas to be
repaired or replaced shall be shown on the building plans submittal for reference.
18. The building plan submittal shall show the existing curb ramp at the corner of Peach and Toro
and clarify if it complies with current Americans with Disabilities Act (ADA), City Standard
#4440, and Cal Trans Standards Plan RSP A88A.
19. The building plan submittal shall show the existing shared driveway curb drop off between
1137 & 1127 Peach Street. Provide details of this curb drop off transition and any treatment
features that will be included and installed to mitigate the interface. If a property line fence
is proposed, the fence height and line-of-sight analysis shall conform to City standards.
20. The subdivision improvement plans may be included within the building permit plan set.
Separate record drawings (as-built) plans may be required at the completion of the project. A
separate subdivision improvement plan review fee will be required based on the fee schedule
in effect at the time of plan submittal. A separate encroachment permit will be required to
cover the required Public Works Department inspections.
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21. The building permit submittal shall show and note compliance with the Post Construction
Stormwater Regulations and the City’s Drainage Design Manual. This project is considered
to be a common plan and is not a single-family residential project for purposes of evaluating
the Performance Requirement triggers. The altered and/or replaced frontage improvements
shall be included in the area analysis. Unless the net impervious area is less than 5,000 square
feet, compliance with Performance Requirement 2 will be required
22. The building plan submittal shall include an operations and maintenance manual as required
for the Post Construction Stormwater improvements, if applicable. A private stormwater
conveyance agreement will be required and shall be recorded prior to final inspection
approvals.
23. Documents submitted for a building permit shall show compliance with the grading ordinance
of the adopted building code, and a summary drainage report or note on building plans shall
be provided showing the pre vs. post drainage analysis for the 2 through 100-year storm with
plans submitted for a building permit. Improved or diverted drainage shall not be directed
across the side or rear property lines unless conveyed in an existing waterway, or a drainage
easement.
24. The building plan submittal shall include a complete grading and drainage plan for this
project. The plan shall show the existing and proposed contours and/or spot elevations to
clearly depict the proposed grading and drainage. The plan shall show and label the high
point elevation or grade break at the yard areas and drainage arrows to show the proposed
drainage. Plans shall include the finished floor (FF) of the residences/garage, patio finish
surface elevations, finish grade elevations, and yard drainage.
25. Plans submitted for a building permit shall show that any improved drainage is directed to a
non-erosive outlet and ultimately discharged to the face of curb on Peach Street with an
approved sidewalk underdrain, per City Engineering Standards.
26. The building submittal shall include a complete site utility plan. The utility plan shall show
all existing and proposed on-site and off-site utilities. Show the location of all overhead and
underground utilities along with the location of any utility company meters. Show all existing
and proposed improvements located within the public right-of-way if applicable.
27. The building submittal shall show all new wire utilities to serve the development on all ten
parcels to be underground. The underground wiring shall be achieved without a net increase
in wood utility poles located within the public right-of-way unless otherwise approved by the
City and serving utility companies. Interim overhead wiring may be proposed to provide
replacement services to the existing residences until the PGE underground service to the
subdivision is available for the underground conversion.
28. PG&E and Tele-Com plans shall be provided in conjunction with the building plan submittal
and/or subdivision plans. Preliminary plans shall be reviewed by the engineer of record for
consistency with the overall design. The final PG&E handout package shall be reviewed and
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approved by the engineer of record and the City prior to construction. PG&E, AT&T, and
Charter plans shall not be deferred unless specifically approved for deferral by the City.
29. If allowed by PG&E, plans submitted for a building permit shall show and reference a new
streetlight to be located on the existing wood joint pole on Toro Street, in accordance with
Engineering Standards #1010.G, #7520, and #7910.
30. Plans submitted for a building permit shall show newly provided driveway and parking areas
in compliance with the Parking and Driveway Standards for dimensions, maneuverability,
slopes, drainage, and materials. Alternate paving material shall be provided consistent with
project plans and to the satisfaction of the Planning Division.
31. A final landscape plan shall be included with plans submitted for a building permit and shall
show a line-of-sight analysis for new plantings at driveway approaches to the satisfaction of
the City Engineer.
32. The building plan submittal shall show all existing trees to be removed and trees to be
retained. The plan shall show any neighboring trees with canopies/root zones within the area
of construction disturbance. Tree preservation measures shall be shown and noted on the
building plans to the satisfaction of the Community Development and Public Works
Departments.
33. Safety pruning may be required for any existing street trees depending upon the scope of
proposed work and required construction activities. If required, any existing street trees along
the property frontage shall be safety pruned to the satisfaction of the City Arborist prior to
building permit issuance.
34. Plans submitted for a building permit shall show street trees at an approximate rate of one tree
per each 35 lineal feet of frontage. The City Arborist shall approve the proposed tree species
based on the location, soils type, and overhead wiring conflicts. The City Arborist shall
review and approve the tree species for the newly planted parkway trees prior to acceptance
as satisfying the street tree requirement.
35. The building plan shall show the removal of the infilled parkway to provide a tree planting
area for new street trees. Parkway plantings shall include provisions for irrigation from the
on-site irrigation system. All parkways shall be kept with plantings, groundcovers, or stable
landscape materials and shall be free of any debris for perpetuity.
36. The building plan submittal shall show the limits of the existing catch basin opening and
infrastructure for reference.
Engineering Division – Public Works/Community Development - Subdivision Conditions
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Resolution No. PC-xxxx-20
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37. The subdivision shall be recorded with a final map. The map preparation and monumentation
shall be in accordance with the city’s Subdivision Regulations, Engineering Standards, and
the Subdivision Map Act. The parcel map shall use U.S. Customary Units in accordance with
the current City Engineering Standards.
38. All map exhibits and legal descriptions shall be prepared by a California Licensed Land
Surveyor or Civil Engineer authorized to practice land surveying.
39. Prior to map recordation, Park In-Lieu fees shall be paid for the proposed new dwelling
units/lots. Credit for the existing houses to remain will be applicable.
40. A separate subdivision improvement or miscellaneous public improvement plan is not
required. The building plan submittal may be used to show some or all of the required private
on-site subdivision improvements. Improvements located within the public right-of-way will
require a separate encroachment permit and associated inspection fees based on the fee
schedule in effect at the time of permit issuance. A separate subdivision improvement plan
review fee and subdivision map check fee will be required for the Public Works Department
review and inspection of the public subdivision/development improvements and map in
accordance with the most current fee resolution.
41. The site development plan submittal shall show any parking, access, utility, site, and/or
drainage improvements required to support the proposed subdivision. The building plan
submittal shall show all existing public and/or private utilities and improvements shall be
approved to the satisfaction of the Community Development Director and Public Works
Director prior to recordation of the parcel map. Unless otherwise waived or deferred, the
site/utility plan shall include drainage improvements, water, sewer, storm drains, gas,
electricity, telephone, cable TV, and any related utility company meters for each parcel if
applicable. Any utility relocations, demolitions, and/or other on-site work shall be completed
with proper permits and receive final inspection approvals prior to recordation of the parcel
map.
42. If “all electric” residences are proposed, gas service may not be required to each parcel. If
proposed, a “Notice of Requirements” may be required for concurrent recordation with the
map to identify the lack of gas service to any parcel(s).
43. Plans submitted for subdivision shall show the proposed water service lateral(s), meter sizing,
and private service laterals, sized in accordance with the approved fire sprinkler plans. Unless
a design exception is specifically approved, City Engineering Standards limit a meter
manifold to 4 1” water meters. A separate service lateral and meter manifold may be required
to accommodate the number of units, fire flow requirements, and the potential addition of a
common area landscape meter.
44. Any easements including but not limited to provisions for all public and private utilities,
access, grading, drainage, storm drain systems, construction, common driveways, and
maintenance of the same shall be shown on the final map and/or shall be recorded separately
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Resolution No. PC-xxxx-20
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prior to map recordation if applicable. Said easements may be provided for in part or in total
as blanket easements.
45. A 10’ Street Tree easement and 10’ PUE shall be shown and noted on the map along both the
Peach and Toro street frontages.
46. A separate public pedestrian easement may be required behind the new or redeveloped
driveway approach(es) to accommodate the ADA sidewalk extension(s).
47. The map may be recorded prior to construction of the required public and/or private
subdivision improvements. If so, the map conditions or code requirements may be satisfied
by the preparation and approval of a subdivision improvement plan. A subdivision agreement
and guarantee will be required for this process.
48. An Operation and Maintenance Manual and Private Stormwater Conveyance Agreement shall
be provided in conjunction with the development project. The Stormwater Agreement shall
be recorded separately or concurrent with the map recordation.
49. The final map shall include reference to the project soils report in accordance with the
subdivision regulations. The report may be included on the cover sheet of the map or could
be included on an “additional map sheet”.
Utilities Department
50. Plans submitted for a building permit shall label all existing sewer laterals to remain or to be
abandoned per City Standards.
51. Plans submitted for a building permit showing sewer and water services shall be in accordance
with the engineering design standards in effect at the time the building permit is approved.
52. Plans submitted for a building permit shall clarify the size of existing and proposed water
services and water meters for the project.
53. 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.
54. The building permit submittal shall include the San Luis Garbage Company letter of service
within the plan set.
55. The City’s Development Standards for Solid Waste Services require that single family
residential projects with interior storage are designed and constructed to include adequate
storage space for three 96-gallon waste wheelers. The minimum space required shall be 92”
side by 36” deep by 6’ tall. This area shall be depicted on the plans submitted for a building
permit or a Conditional Exception Application shall be provided.
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Resolution No. PC-xxxx-20
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56. Plans submitted for a building permit shall show the location of garbage, recycling and
organic bins located for pickup.
57. Projects having landscape areas greater than 500 square feet shall provide a Maximum
Applied Water Allowance calculation as required by the Water Efficient Landscape
Standards; Chapter 17.87 of the City’s Municipal Code.
Indemnification
58. 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.
On motion by ________________, seconded by _________________, and on the following
roll call vote:
AYES:
NOES:
REFRAIN:
ABSENT:
The foregoing resolution was passed and adopted this 22nd day of July, 2020.
_____________________________
Brian Leveille, Secretary
Planning Commission
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Department Name: City Administration
Cost Center: 1001
For Agenda of: September 1, 2020
Placement: Public Hearing
Estimated Time: 20 minutes
FROM: Greg Hermann, Deputy City Manager
Prepared By: Ryan Betz, Assistant to the City Manager
SUBJECT: INTRODUCE AN ORDINANCE AMENDING CHAPTER 2.14, REVENUE
ENHANCEMENT OVERSIGHT COMMISSION, OF THE MUNICIPAL CODE
RECOMMENDATION
1. Introduce an Ordinance (Attachment A) amending Chapter 2.14, Revenue Enhancement
Oversight Commission, of the Municipal Code; and
2. Direct staff to return to the City Council for the second reading of the ordinance as part of the
certification of results of the General Municipal Election of November 3, 2020.
DISCUSSION
Background
On July 21, 2020, the City Council approved the placement of a ballot measure question to the
voters whether to amend Chapter 3.15 of the Municipal Code with a Community Services and
Investment Local Transactions (Sales) and Use Tax on the November 3, 2020 ballot.
At that meeting, the Council directed staff to return with proposed amendments to Chapter 2.14,
Revenue Enhancement Oversight Commission, of the Municipal Code. That chapter established
a five-member citizen advisory body, the Revenue Enhancement Oversight Commission
(REOC), to review, report, and make recommendations to the City Council on the use of the
half-cent, local general sales tax. The REOC is also responsible for reviewing an audit report of
the use of the funds, approving the annual community report and report in brief before it is
distributed to every household within the City, and holding an annual citizen oversight meeting
to gather input from the community on the use of the funds prior to making recommendations to
the City Council as part of the budget process. Every two years, as part of the Financial Plan
process, the REOC joins the City Council as part of the Community Forum to receive input on
the community’s top priorities and use of the Local Revenue Measure. Annual reports showing
the audited expenditures for the Local Revenue Measure can be found on the City’s website.
The REOC plays an important role of citizen oversight, input, and accountability and is a best
practice commonly found in other cities with a local revenue measure.
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Proposed Amendments to Chapter 2.14
Based on Council direction, the intent of the proposed amendments to Chapter 2.14 is to broaden
community member representation on the REOC and to build in additional accountability and
community engagement opportunities to ensure spending priorities align with the community ’s
and City Council’s vision for long-term investment. Specifically, the proposed amendments
cover several sections of Chapter 2.14, Revenue Enhancement Oversight Commission, of the
Municipal Code (Attachment A). Section 2.14.020 adds language to the desired experience for
residents being considered by the City Council to be appointed to the REOC. The following
amendment is proposed:
2.14.020 Members and appointment
The REOC shall consist of five members who are residents of the city. Members shall be
appointed by the whole city council through a public application and appointment
process. When recruiting members, the city will seek members who have experience with
finance, budgeting, municipal accounting or represent a sales tax generating business.
The next proposed amendment, in section 2.14.040, adds a section directing the REOC to
recommend long-term community service and investment priorities to the City Council every
eight years. The following amendment is proposed:
2.14.040 Powers and duties
G. Long-Term Priority Setting. Every eight years, the City will incorporate a long-term
priority setting exercise into the Financial Plan development process to determine the
long-term community services and investment priorities for the use of Local Revenue
Measure funds. This exercise shall include receiving input from residents, community
members, and the REOC regarding spending priorities with priorities being set by the
City Council as a part of the development of the Financial Plan.
The remaining proposed amendments are administrative in nature and will not go into effect
unless the ballot measure is approved by the voters as part of the November 3, 2020 general
election.
Previous Council or Advisory Body Action
1. July 21, 2020 City Council Meeting
Policy Context
The recommended amendment to 2.14.020, Members and appointment, is consistent with the
language in the City of San Luis Obispo’s Advisory Body Handbook (Section 1(C)) regarding
membership qualifications and the appointment process. The language states the City of San
Luis Obispo encourages participation of a wide variety of its citizens through service on an
advisory body. Additionally, the recommended amendment to 2.14.040, Powers and duties, is
consistent with language in the adopted Fiscal Responsibility Philosophy (Resolution No. 10546
(2014 Series)) regarding community input and aligning investment in the community.1
1 2014, Fiscal Responsibility Philosophy Section 2 – Definition. Fiscal responsibility is the balanced approach to
providing the infrastructure maintenance and services that preserve and enhance the quality of life in our community
as identified and prioritized through community input.
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Public Engagement
This item is on the agenda for the September 1, 2020 City 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.
CONCURRENCE
The City Attorney and Director of Finance 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: Yes Budget Year: 2020-21
Funding Identified: Yes
Fiscal Analysis:
Funding Sources Current FY Cost
Annualized
On-going Cost
Total Project
Cost
General Fund N/A
State
Federal
Fees
Other:
Total $0
This item does not have any direct costs, however, should the ballot measure be approved by the
voters as part of the November 3, 2020 general election, the measure is projected to provide
approximately $21,600,000 annually in revenue and could be used for general community
services and infrastructure needs.
Section 3 (D) – Aligned Investments. The City shall allocate resources in alignment with community needs and
priorities for maintaining and/or adding capital projects, assets, or services.
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ALTERNATIVES
1. The Council may choose to deny the proposed amendments. Staff does not recommend this
based upon a desire to broaden community member representation on the REOC and to build
in additional accountability and community engagement opportunities to ensure the spending
priorities align with the community and City Council’s vision for long -term investment.
2. The Council may choose to modify the proposed amendments. Should the Council choose
to modify the proposed amendments, staff requests direction on the specific language to be
modified.
Attachments:
a - Draft Ordinanance
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O _____
ORDINANCE NO. ______ (2020 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AMENDING SECTIONS 2.14.010, 2.14.020, and
2.14.040 OF THE SAN LUIS OBISPO MUNICIPAL CODE CHAPTER 2.14
REVENUE ENHANCEMENT OVERSIGHT COMMISSION
WHEREAS, the City of San Luis Obispo (City) is a municipal corporation duly organized
under the California Constitution and laws of the State of California; and
WHEREAS, on July 21, 2020, the City Council adopted Resolution No. 11145, submitting
to the voters a question whether to extend the existing, voter-approved local transaction (sales) and
use tax at a 1.5¢ rate, until ended by voters. The resolution also stated that any extension and
enhancement of existing, voter-approved funding will continue to require a citizen revenue
enhancement oversight commission (REOC) to ensure funds are spent consistent with the
community’s priorities; and
WHEREAS, the REOC reviews revenues and expenditures from the local transaction
(sales) and use tax, reports to the community and the City Council about the City’s stewardship of
these revenues, and recommends expenditures to the City Council that are consistent with the
purpose of the general purpose tax and the preferences of the City residents; and
WHEREAS, the City Council desires to expand the qualifications of candidates to be
appointed on the REOC to broaden the views and representation of the community; and
WHEREAS, the City's voter-approved local transaction (sales) and use tax includes
substantial accountability measures including: requirements for independent annual financial
audits; integration of use of funds into the City's budget and goal-setting process; annual
community reports; and annual citizen engagement meetings; and
WHEREAS, the City recognizes the importance of periodically reviewing the long-term
community services and investment priorities to align with the community’s priorities; and
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis
Obispo, as follows:
SECTION 1. Chapter 2.14 of the City's Municipal Code is hereby amended and re-enacted
in full to read as follows:
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Ordinance No. ______ (2020 Series) Page 2
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Chapter 2.14
REVENUE ENHANCEMENT OVERSIGHT COMMISSION
2.14.010 Commission established and purpose.
The rRevenue eEnhancement oOversight cCommission (REOC) is hereby established to review,
report, and make recommendations regarding the use of revenues collected through the city’s
voter-approved general purpose, one and a half-percent sales tax authorized by Chapter 3.15. The
REOC is authorized to review these tax revenues and expenditures, report on the city’s stewardship
of this general purpose tax and provide recommendations directly to the cCity cCouncil regarding
expenditures of these tax revenues as an integral part of the budget process. The establishm ent of
the REOC shall be effective upon voter approval of a revenue enhancement measure to be
proposed in November 201420 and shall continue in existence as long as Chapter 3.15, adopted
by such measure, is in effect.
2.14.020 Membership and appointment.
The REOC shall consist of five members who are residents of the city. Members shall be appointed
by the whole city council through a public application and appointment process. When recruiting
members, the city will seek members that have experience with finance, budgeting, municipal
accounting or represent a sales tax generating business.
2.14.030 Term of office and compensation.
A. Terms. Of the members first appointed, three shall be appointed for the term of three years,
and two shall be appointed for two-year terms. Subsequent appointments to the REOC shall
be for three years. Vacancies during the term shall be filled by the city council for the
unexpired portion of the term. Members may be removed by the city council with or
without cause by a majority vote of the city council.
2.14.040 Powers and duties.
The REOC shall meet a minimum of four times per year to perform its dutie s, as follows:
A. Generally. The REOC shall have the authority to conduct public hearings as directed by
the city council or city policy. The REOC shall exercise the duties conferred upon it by this
chapter, and as necessary to achieve its purpose.
B. Annual Community Report. The REOC shall conduct a public hearing annually to review
and take public testimony on the essential community services and investment measure
annual report.
C. Annual Audit. The REOC shall meet annually to review the audited financial statements
contained in the comprehensive annual financial report for the essential community
services and investment measure.
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Ordinance No. ______ (2020 Series) Page 3
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D. Annual Citizen Oversight Meeting. The REOC shall hold an annual essential community
services and investment measure community forum for the purpose of taking input from
residents and community members on preferences for the use of the revenues generated by
the essential community services and investment tax.
E. Budget Recommendations. The REOC shall meet for the purpose of making
recommendations to the city council regarding the uses of revenue generated by the
essential community services and investment measure. The REOC shall take into
consideration the input provided by residents and community members during the annual
citizen oversight meeting, the purpose of the essential community services and investment,
the major city goals established by the city council, and the amount of revenue available
from past fiscal years, and projected to be available during the next fiscal year, in making
its budget recommendations to the council.
F. Outreach and Education. The REOC shall be authorized to perform outreach and
educational activities so that residents and community members are informed about the
costs and benefits associated with the collection and use of revenue generated by the
essential community services and investment.
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Ordinance No. ______ (2020 Series) Page 4
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G. Long-Term Community Services and Investment Priorities. Every eight years, the City
will incorporate a long-term priority setting exercise into the Financial Plan development
process to determine the long-term community services and investment priorities for the
use of Local Revenue Measure funds. This exercise shall include receiving input from
residents, community members, and the REOC regarding spending priorities with priorities
being set by the City Council as a part of the development of the Financial Plan.
INTRODUCED on the ____ day of _________ 2020 AND FINALLY ADOPTED on
the _____ day of ___________ 2020 by the Council of the City of San Luis Obispo 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, on __________________.
____________________________________
Teresa Purrington
City Clerk
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