HomeMy WebLinkAbout09-15-2020 Agenda PacketTuesday, September 15, 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 3:00 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
3:00 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 15, 2020 Page 2
San Luis Obispo Page 2
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
PRESENTATIONS
1. PAVEMENT TO PARKS PRESENTATION (WILLIAMSON – 5 MINUTES)
Recommendation:
Receive a presentation from Peter Williamson, Employer Outreach Coordinator with SLO
Rideshare, on the “Pavement to Parks” celebration starting September 1, 2020 and
continuing through October 9, 2020.
2. NATIONAL DRIVE ELECTRIC WEEK PROCLAMATION (HARMON – 5 MINUTES)
Recommendation:
Mayor Harmon will proclaim the week of September 26, 2020 to October 4, 2020 as
“National Drive Electric Week.”
APPOINTMENTS
3. ADVISORY APPOINTMENTS FOR UNSCHEDULED VACANCIES
(PURRINGTON – 5 MINUTES)
Recommendation:
Confirm appointments to the Architectural Review Commission, Cultural Heritage
Committee, and the Tourism Business Improvement District Board, as recommended by the
Council Liaison Subcommittees.
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.
San Luis Obispo City Council Agenda September 15, 2020 Page 3
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.
4. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES
(PURRINGTON)
Recommendation:
Waive reading of all resolutions and ordinances as appropriate.
5. MINUTES REVIEW - AUGUST 28, 2020 AND SEPTEMBER 1, 2020 CITY
COUNCIL MINUTES (PURRINGTON)
Recommendation:
Approve the minutes of the City Council meetings held on August 28, 2020 and September
1, 2020.
6. BIENNIAL REVIEW AND AMENDMENTS TO THE CITY’S CONFLICT OF
INTEREST CODE (HERMANN / CHRISTIAN)
Recommendation:
Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis
Obispo, California amending the City’s Conflict of Interest Code.”
7. 2019 INTEGRATED REGIONAL WATER MANAGEMENT PLAN
(FLOYD / BOERMAN / METZ)
Recommendation:
Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis
Obispo, California adopting the 2019 San Luis Obispo County Integrated Regional Water
Management (IRMW) Plan and finding that the project is statutorily exempt from Section
21000 et seq. of the California Public Resources Code, the California Environmental Quality
Act, pursuant to Section 15262 of the California Environmental Quality Act Guidelines.”
8. FY 2020 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT
APPLICATION (CANTRELL / ELLSWORTH)
Recommendation:
1. Authorize staff to submit an application for the 2020 Edward Byrne Memorial Justice
Assistance Grant in the amount of $11,761; and
2. If the grant is awarded, authorize the City Manager to execute necessary grant documents
and direct the appropriation of monies into the accounts required to administer the grant.
San Luis Obispo City Council Agenda September 15, 2020 Page 4
PUBLIC HEARING AND BUSINESS ITEMS
9. A PUBLIC HEARING TO CONSIDER THE FROOM RANCH PROJECT
ENTITLEMENTS, CERTIFICATION OF THE FINAL ENVIRONMENTAL
IMPACT REPORT, AND INTRODUCTION AN ORDINANCE AMENDING THE
CITY’S ZONING MAP UPON ANNEXATION OF PROPERTIES WITHIN THE
FROOM RANCH SPECIFIC PLAN AREA (CODRON – 90 MINUTES)
Recommendation:
1. As recommended by the Planning Commission, adopt a Resolution entitled, “A
Resolution of the City Council of the City of San Luis Obispo, California, certifying the
Final Environmental Impact Report (EIR) for the Froom Ranch Specific Plan Project,
adopting associated findings and statement of overriding considerations, and approving
the Froom Ranch Specific Plan, General Plan Amendment, Pre-Zoning, Vesting
Tentative Tract Map #3106, and initiation of the annexation process (SPEC-0143-2017,
SBDV-0955-2017, GENP-0737-2019, ANNX-0335-2020, EID-0738-2019; Specific
Plan Area 3; 12165 and 12393 Los Osos Valley Road);” and
2. Introduce an Ordinance entitled, “An Ordinance of the City Council of the City of San
Luis Obispo, California, establishing pre-zoning and amendment of the City’s Zoning
Map to apply upon annexation of properties within the Froom Ranch Specific Plan Area
(SPEC-0143-2017, SBDV-0955-2017, GENP-0737-2019, ANNX-0335-2020, EID-
0738-2019; Specific Plan Area 3; 12165 and 12393 Los Osos Valley Road).”
10. A PUBLIC HEARING TO INTRODUCE AN ORDINANCE REZONING AND
AMENDING THE SPECIFIC PLAN DESIGNATION FOR THE PROPERTY AT 660
TANK FARM ROAD AND AMENDING THE AIRPORT AREA SPECIFIC PLAN
DESIGNATION FOR 3985 BROAD STREET; CONSIDERATION OF A GENERAL
PLAN AMENDMENT APPROVING DEVELOPMENT OF AN ASSISTED LIVING
FACILITY AND CONSIDERATION OF A MITIGATED NEGATIVE
DECLARATION ENVIRONMENTAL DETERMINATION
(CODRON / COREY – 60 MINUTES)
Recommendation:
1. As recommended by the Planning Commission, adopt a Resolution enti tled, “A
Resolution of the City Council of the City of San Luis Obispo, California, approving the
General Plan Amendment for 660 Tank Farm Road, Vesting Tentative Tract Map, Creek
Setback Exception, and Major Development Review approving development of an
Assisted Living Facility and adopting a Mitigated Negative Declaration of
Environmental Review as represented in the City Council agenda report and attachments
dated September 15, 2020 (660 Tank Farm Road, 3985 Broad Street; EID-1484-2018,
SPEC-1482-2018, SBVD-1483-2018, ARCH-1486-2018);” and
San Luis Obispo City Council Agenda September 15, 2020 Page 5
2. Introduce an Ordinance entitled, “An Ordinance of the City Council of the City of San
Luis Obispo, California, rezoning and amending the Specific Plan Designation for the
property at 660 Tank Farm Road from Business Park with Specific Plan Overlay (BP-
SP) to Community Commercial With Specific Plan And Special Focus Overlay (CC-SP-
SF) and amending the Airport Area Specific Plan Designation for 3985 Broad Street to
Community Commercial with Special Focus Area (C-C-SP-SF) and making associated
amendments to the Airport Area Specific Plan to be consistent with the proposed
Northwest Corner Assisted Living Project, and with the General Plan as amended.”
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, October 6, 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
SEP 0 B 2020
SLO CITY CLERK
PROOF OF PUBLICATION
(2015.5 C.C.P.)
1010 Marsh St., San I
(805) 546-8208 . F
STATE OF CALIFORNIA,
County of San Luis Obispo,
I 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. I 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:
t� 3
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 Obispo, -alifo'nia,this
day ,f DGr , 2020.
Patricia Horton, New Times Legals
Adman & P,i.... l/.NTMG Adniin/NI'MG 0f1i ,'HUSINFSS/Public• No.i ,,/' J of Pub
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,
Seplember 15, 2020, at 6:00 p.m. While the Council
encourages public participation, growing concern about
the COVID-19 pandemic has required that public meetings
be held via teleconference. Meetings can be viewed on
Government Access Channel 20 or streamed live from
the City's YouTube Channel at httpV/youtube.slo.city.
Public comment, prior to the start of the meeting, may
be submitted in writing via U.S. Mail delivered to the City
Clerk's office at 990 Palm Street, San Luis Obispo, CA 93401
or by email to emailcouncil®slocity.org.
Public Hearing Items:
• A Public Hearing to review the Froom Ranch Specific
Plan project, which includes a Specific Plan, General
Plan Amendment/Pre-zoning, Vesting Tentative Tract
Map, Annexation, and related actions including
introduction of an Ordinance that would allow for
pre -zoning and an amendment to the Zoning Map and
development of the 109.7-acre Froom Ranch Specific
Plan area, consistent with the proposed Specific Plan.
The Draft Specific Plan includes a mix of land uses,
including a Life Plan Community with 404 units of
independent and assisted senior housing units (known
as Villaggio), up to 174 multi -family residential units,
approximately 100,000 sf of commercial/retail, open
space lover 60% of the Specific Plan area), and a 3.6-
acre public trailhead parkthatwould incorporate four
relocated historic structures within the Froom Ranch
Dairy Complex. A Final Environmental Impact Report
is proposed for certification. Specific Plan Area 3
112165 & 12393 Los Osos Valley Road, SPEC-0143-2017,
SBDV-0955-2017, GENP-0737-2019, ANNX-0335-2020
and EID-0738-2019►.
For more information, contact Emily Creel, Contract
Planner, for the City's Community Development Department
at (805) 539-2870 or by email, ecree0swca.cam.
• A Public Hearing to introduce an Ordinance amending
the Airport Area Specific Plan to amend the land
use designation from Business Park (BP-SP) to
Community -Commercial with Specific Plan and
Special Focus Overlay (C-C-SP-SF); General Plan
Amendment and Rezone, which will amend a portion of
the site from Business Park to Community -Commercial
with Specific Plan and Special Focus Overlay (C-C-SP-
SF►; Vesting Tentative Map (Tract 3115) to create five
(5) lots; Design Review for an assisted -living facility
with 139 units; Creek Setback Exception, and review
of a CEDA Initial Study -Mitigated Negative Declaration
of Environmental Impact (3985 Broad Street & 600 Tank
Farm Road, EID-1484-2018, SPEC-1482-2018, SBDV-
1483-2018 and ARCH-1486-2018).
For more information, contact Brandi Cummings, Contract
Project Manager, for the City's Community Development
Department at (805) 743-7095 or by email, brandi.
cummings®swca.com.
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
prior to, 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 City's YouTube channel https://youtube.
slo.city.
Teresa Purrington
City Clerk
City of San Luis Obispo
September 3, 2020
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Department Name: Administration
Cost Center: 1021
For Agenda of: September 15, 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 appointments to the Architectural Review Commission (ARC), Cultural Heritage
Committee (CHC), and the Tourism Business Improvement District Board (TBID), as
recommended by the Council Liaison Subcommittees detailed below.
DISCUSSION
Recruitment for unfilled vacancies has continued for the ARC and CHC since the annual
recruitment cycle at the beginning of the year. Our recent mid-year recruitment push for various
advisory body vacancies was successful in generating multiple candidates for open positions on
both the ARC and CHC. Teleconference interviews with the candidates for these two
commissions were held by the Council Liaison Subcommittee on September 2, 2020.
Additionally, on September 1, 2020 a member of the Tourism Business Improvement District
Board resigned, creating an unscheduled vacancy for this Advisory Body.
Architectural Review Commission: Based on background experience and interview performance,
the Council Liaison Subcommittee found Ashley Mayou to be their preferred fit for the ARC at
this time, and therefore recommends her for appointment to fill the open seat for the remainder
of the 4-year term, ending March 31, 2024.
Cultural Heritage Committee: There are currently three open seats on the seven-member
committee, meaning that there are just enough members to establish a quorum. This puts the
committee in danger of not being able to take action on items brought before them should a
member be absent or have a conflict of interest. The Council Liaison Subcommittee interviewed
two applicants for the committee and recommends the appointment of Karen Edwards and
Wendy McFarland to fill the remainder of the two, four-year terms, ending March 31, 2023.
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Tourism Business Improvement District Board: The Council Liaison Subcommittee for the TBID
held interviews on July 28, 2020, with current Chair John Conner attending. At that time the
Council Liaison Subcommittee recommended David Smith for future appointment should a
vacancy occur. The Council Liaison Subcommittee was consulted for the current unscheduled
vacancy and recommends David Smith to the remainder of the vacant four-year term, expiring
March 31, 2021.
Recruitment continues for vacancies on the following Advisory Bodies as listed:
• Citizens’ Revenue Enhancement Oversight Commission – One three-year position with a
term expiring June 30, 2022.
• Construction Board of Appeals – One four-year position with a term expiring March 31,
2022.
• Cultural Heritage Committee – One four-year position with a term expiring March 31, 2024.
• Human Relations Commission – One four-year position with a term expiring March 31, 2022.
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 both the ARC and CHC has been open continuously since December 2019, 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). The unscheduled
vacancy on the TBID was posted on the City website along with being listed and noticed as
required by the “Maddy Act” (GC 54972, Local Appointments List).
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.
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FISCAL IMPACT
Budgeted: N/A Budget Year: 2020-21
Funding Identified:
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 appointments or direct staff to re-
open recruitment for additional candidates. This is not recommended for the CHC as the low
number of appointed members jeopardizes their ability to take action on items brought before
them. It is not recommended for the ARC as the Council Liaison Subcommittee has now
interviewed four candidates (two during the annual recruitment and two in September) and feel
they have been quite thorough in their consideration of applicants and the Council’s needs in
their selection process. At this time there are no further applicants for the TBID and therefore
recruitment would have to begin anew for this board.
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.
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San Luis Obispo Page 1
Friday, August 28, 2020
Special Closed Session of the City Council
CALL TO ORDER
A Special Closed Session of the San Luis Obispo City Council was called to order on Friday
August 28, 2020 at time 4:15 p.m. by Mayor Harmon, with all Members present via
teleconference.
ROLL CALL
Council Members
Present: Council Members Carlyn Christianson, Andy Pease, Erica A. Stewart, Vice
Mayor Aaron Gomez, and Mayor Heidi Harmon.
Council Members
Absent: None
City Staff
Present: Derek Johnson, City Manager; Christine Dietrick, City Attorney; and Teresa
Purrington, City Clerk; were present at Roll Call. Other staff members presented
reports or responded to questions as indicated in the minutes.
PUBLIC COMMENT ON CLOSED SESSION ITEMS
None
---End of Public Comment---
CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section
54956.9. No. of potential cases: One.
A point has been reached where, in the opinion of the legislative body of the local agency on the
advice of its legal counsel, based on existing facts and circumstances, there is a significant
exposure to litigation against the local agency. The existing facts and circumstances exposing
the City to litigation include the following:
Attorneys for Tianna Arata have statements in television and newspaper interviews and
social media posts asserting liability against the City of San Luis Obispo related to the arrest
and charging of Ms. Arata.
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San Luis Obispo City Council Minutes of August 28, 2020 Page 2
B. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section
54956.9. No. of potential cases: Four.
A point has been reached where, in the opinion of the legislative body of the local agency on the
advice of its legal counsel, based on existing facts and circumstances, there is a significant
exposure to litigation against the local agency. The existing facts and circumstances exposing
the City to litigation include the following:
Attorneys have made statements in public, and have referenced in the pleadings for criminal
cases People v. Cheyene Eric Orndoff (19F-05074-A) and People v. Vanessa Marie Bedroni
(19F-05074-B), asserting liability against the City on behalf of both defendants and their
children.
City Attorney Christine Deitrick indicated the Council took no reportable action on these two
items.
ADJOURNMENT
The meeting was adjourned at 6:43 p.m. The next Regular City Council Meeting is scheduled
for Tuesday, September 1, 2020 at 5:00 p.m. and 6:00 p.m., via teleconference.
__________________________
Teresa Purrington
City Clerk
APPROVED BY COUNCIL: XX/XX/2020
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San Luis Obispo Page 1
Tuesday, September 1, 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,
September 1, 2020 at 6:00 p.m. in the Council Chamber, located at 990 Palm Street, San Luis
Obispo, California, by Mayor Harmon.
ROLL CALL
Council Members
Present: Council Members Carlyn Christianson, Aaron Gomez, Erica A. Stewart, Vice
Mayor Andy Pease, and Mayor Heidi Harmon.
Council Members
Absent: None
City Staff
Present: Derek Johnson, City Manager; Christine Dietrick, City Attorney; and Teresa
Purrington, City Clerk; were present at Roll Call. Other staff members presented
reports or responded to questions as indicated in the minutes.
CITY ATTORNEY REPORT ON CLOSED SESSION
City Clerk Teresa Purrington reported out on Closed Session for Attorney Mark Amberg. The
Council met in closed session to consider the discipline/dismissal/release of a public employee, a
police officer, pursuant to Government Code Section 54957 (b)(1). On a motion by Vice Mayor
Gomez and second by Council Member Stewart to uphold the dismissal of a public employee, a
police officer, the motion passed on a vote of 5-0.
APPOINTMENTS
1. APPOINTMENTS TO THE DIVERSITY, EQUITY, AND INCLUSION TASK
FORCE
City Manager Derek Johnson provided an in-depth staff report and responded to Council
questions.
Public Comments:
None
---End of Public Comment---
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San Luis Obispo City Council Minutes of September 1, 2020 Page 2
ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY
COUNCIL MEMBER PEASE, CARRIED 5-0 to appoint 13 members to the Diversity,
Equity, Inclusion Taskforce as presented in the staff agenda correspondence.
2. ADVISORY BODY APPOINTMENTS FOR UNSCHEDULED VACANCIES
City Clerk Teresa Purrington provided the staff report and responded to Council questions.
Public Comments:
None
---End of Public Comment---
ACTION: MOTION BY COUNCIL MEMBER PEASE, SECOND BY COUNCIL
MEMBER CHRISTIANSON, CARRIED 5-0 to appoint Joe Benson to the Administrative
Review Board.
PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA
None
---End of Public Comment---
CONSENT AGENDA
ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL
MEMBER STEWART, CARRIED 5-0 (COUNCIL MEMBER PEASE AND VICE MAYOR
GOMEZ RECUSED FROM ITEM 5) to approve Consent Calendar Items 3 thru 6.
3. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES
CARRIED 5-0, to waive reading of all resolutions and ordinances as appropriate.
4. DRAFT MINUTES REVIEW – AUGUST 18, 2020 CITY COUNCIL MEETING
CARRIED 5-0, to 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
CARRIED 3-0-2 (COUNCIL MEMBER PEASE AND VICE MAYOR GOMEZ
RECUSED), to 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).”
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San Luis Obispo City Council Minutes of September 1, 2020 Page 3
6. ADOPTION OF THE MODIFIED CULTURAL GRANTS-IN-AID PROGRAM
CARRIED 5-0, to:
1. 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.
PUBLIC HEARING ITEMS AND BUSINESS ITEMS
7. REVIEW OF THE 6TH CYCLE HOUSING ELEMENT UPDATE AND A
NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT
Department Director Michael Codron, Principal Planner Tyler Corey and Associate Planner
Rachel Cohen provided an in-depth staff report and responded to Council questions.
Public Comments:
Raechelle Bowlay
Vincent Escoto
Molly Kern
---End of Public Comment---
ACTION: Council provided direction and no other action was taken.
RECESS
Council recessed at 8:45 p.m. and reconvened at 8:57 p.m., with all Council Members present.
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)
Council Member Pease indicated she would be recusing herself from this item due to recent
working relationship with the applicant’s Architect. Council Member Pease turned off her
camera and microphone.
Council Members Christianson, and Stewart, and Vice Mayor Gomez and Mayor Harmon
reported having no Ex Parte Communications.
Department Director Michael Codron and Assistant Planner Kyle Van Leeuwen 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 STEWART, CARRIED 4-0-1 (COUNCIL MEMBER PEASE
RECUSED) to adopt Resolution No. 11162 (2020 Series) 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).
Council Member Pease rejoined the webinar at 9:15 PM
9. INTRODUCE AN ORDINANCE AMENDING CHAPTER 2.14, REVENUE
ENHANCEMENT OVERSIGHT COMMISSION, OF THE MUNICIPAL CODE
Deputy City Manager Greg Hermann and Assistant to the City Manager Ryan Betz provided
an in-depth staff report and responded to Council questions.
Public Comments:
Molly Kern
---End of Public Comment---
ACTION: MOTION BY COUNCIL MEMBER PEASE, SECOND BY COUNCIL
MEMBER CHRISTIANSON, CARRIED 5-0 to:
1. Introduce Ordinance No. 1688 (2020 Series) 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.
COUNCIL COMMUNICATIONS AND LIAISON REPORTS
None
ADJOURNMENT
The meeting was adjourned at 9:30 p.m. The next Regular City Council Meeting is scheduled for
Tuesday, September 15, 2020 at 6:00 p.m., via teleconference.
__________________________
Teresa Purrington
City Clerk
APPROVED BY COUNCIL: XX/XX/2020
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Department Name: Administration
Cost Center: 1021
For Agenda of: September 15, 2020
Placement: Consent
Estimated Time: N/A
FROM: Greg Hermann, Deputy City Manager
Prepared By: Kevin Christian, Deputy City Clerk
SUBJECT: BIENNIAL REVIEW AND AMENDMENTS T O THE CITY’S CONFLICT OF
INTEREST CODE
RECOMMENDATION
Adopt a Resolution amending the City’s Conflict of Interest Code (Attachment A).
DISCUSSION
The Political Reform Act (PRA) of 1974 contains a general prohibition that “no public official or
employee at any level of state or local government shall make, participate in making or in any
way attempt to use his/her official position to influence a governmental decision in which s/he
knows or has reason to know s/he has a financial interest.”
A Conflict of Interest Code requires certain employees, who are most likely to be involved in
government decision-making and where potential conflicts may be present, to file an annual
disclosure form. The purpose of this form is to inform the employee and the public of potential
conflicts of interest and situations where disqualification is mandated. The PRA requires that
local agencies adopt a formal Conflict of Interest Code, review its Code biennially in even
numbered years, and make amendments if needed. The review must be completed by October 1,
2020.
The required review of the City’s Conflict of Interest Code has been completed, determining that
an amendment is required to include new designated filer positions, revise the titles of existing
positions, and to delete titles of positions that have been abolished. The Draft City of San Luis
Obispo 2020 Conflict of Interest Code may be found in Attachment B and will be incorporated in
full as Exhibit A to the proposed Resolution. Amendments to the code are detailed in this report.
Should further amendments be necessary, the City will have 90 days to complete and adopt a
final code.
Previous Council Action
On June 16, 2020, as required, the code reviewing body (City Council) directed that a review of
the City’s Conflict of Interest Code be conducted. The Conflict of Interest Code was last updated
by the City Council in September 2018.
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Code Contents
There are three main components of a Conflict of Interest Code:
• Incorporation by reference of the terms of Government Code Section 187300 (Terms of
the Code)
• List of designated positions (The positions that are required to file a Form 700.)
• Disclosure categories (The specific interests to be reported on a Form 700.)
Terms of the Code
The Fair Political Practices Commission (FPPC) advises that agencies are required to incorporate
the provisions of California Code of Regulation §18730 by reference, along with appendices
providing disclosure categories and listing of designated positions, to constitute the formation
and promulgation of a conflict of interest code. Regulation §18730 outlines the references to
statutes and regulations that govern designated positions, disclosure categories, time of filing,
contents of, period covered, manner of reporting, how interests are to be reported, definition of
terms, disqualification as well as prohibition on receipt of honoraria, gifts, loans, and travel
payments. The incorporation of Regulation §18730 provides the legal basis for the code to be a
document that has force and effect. By incorporating the California Code of Regulation into the
City’s Conflict of Interest Code, any amendment to the California Code adopted by the FPPC
will automatically apply to the City Code.
The Commission notes that the responsibility for determining if a code meets the specifications
of Gov’t Code §89309 rests with the code reviewing body (i.e. City Council).
List of Designated Positions
Following Council action on June 16, 2020, directing a review of the City’s Conflict of Interest
Code, all City Department Directors reviewed the current list of Designated Positions
(Attachment C) from the 2018 City Conflict of Interest Code for their respective departments.
The Designated Filer List of positions was examined for inclusion of new positions, possible title
changes to existing positions, job responsibility modifications, and to delete titles of positions
that may have been abolished (since the 2018 Code adoption). Multiple changes were found in
several departments and have therefore been added to the list, been assigned disclosure
categories to match job assignments, and have been included in Attachment C in legislative draft
format. Attachment C specifically outlines modifications to reporting categories and additional
positions which require disclosure.
Proposed Disclosure Categories
The FPPC advises that local codes should enumerate positions that “make or participate in the
making” of government decisions, acting within the authority of his or her position, votes on a
matter, obligates, or commits the agency to any course of action which may foreseeably have a
material financial effect on any financial interest. Additionally, it further defines that employees
“participate in governmental decisions” when - acting within the authority of his or her position
and without significant and substantive or intervening review - the official negotiates, advises, or
makes recommendations to the decision-maker regarding the governmental decision.
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The FPPC has provided advice related to the development of disclosure categories and the need
for “striking an appropriate balance between heading off potential conflicts of interest and an
individual’s right to privacy.” The Commission notes that the most common problem in local
codes is the requirement that employees disclose financial interests that are not related to the
employee’s duties and area of authority. The review of the Categories has determined that no
modifications are necessary since the last review, completed in September 2018.
Other Considerations
Positions Statutorily Required to File Conflict of Interest Disclosure
Council Members and appointed officials (including the City Manager, City Attorney and
members of the Planning Commission) are not designated employees under this conflict of
interest code because they are statutorily required to file conflict disclosures by Government
Code Section 87200 (known as “87200 filers”). The conflicts of interest code supplements those
statutory requirements as to employees and members of City advisory bodies who are not 87200
filers. It is important to note that the list of filers includes members of the San Luis Obispo
Parking Authority and the San Luis Obispo Public Financing Authority. Because the City
Council also serves as both authorities, members of the Council are reminded to include these
positions on their Assuming, Annual and Leaving Statements of Economic Interest.
New Positions
With respect to newly created and temporary positions, the department director shall determine if
a newly created position will make or participate in making governmental decisions on behalf of
the City and, if so assign a disclosure category conforming to the position’s range of duties.
Determinations shall be made in writing and provided to the City Clerk and the Human
Resources Department. Such written determination shall include a description of the newly
created position's duties and based upon that description, a statement of the extent of disclosure
requirements appropriate given the range of duties. All such determinations are public records
and shall be retained for public inspection in the same manner and location as this conflict -of-
interest code. (Gov. Code§ 81008.)
The City Clerk's office shall promptly enter the actual position title of the newly created position
into its electronic Form 700 record management system and ensure that the name of any
individual(s) holding the newly created position is entered under that position title in the record
management system. Additionally, within 90 days of the creation of a newly created position that
must file statements of economic interests, the City shall update this conflict-of-interest code to
add the actual position title in its list of designated positions. (Gov. Code§ 87306.)
Policy Context
The Political Reform Act (GC81000, 1974) requires every local government agency to review its
conflict of interest code biennially, by October 1st.
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Public Engagement
This item is on the agenda for the September 15, 2020 City Council meeting and will follow all
required postings and notifications for City Council Agendas. The public may comment on this
item at or before the meeting.
CONCURRENCE
All City Department Directors have provided input on the revised list of designated filers which
has been incorporated into the proposed revised list of designated positions.
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: N/A
Fiscal Analysis:
Funding Sources Current FY Cost
Annualized
On-going Cost
Total Project
Cost
General Fund N/A
State
Federal
Fees
Other:
Total
There is no fiscal impact to adopting the Code.
ALTERNATIVES
The City Council may make amendments to the proposed update to the City’s Conflict of
Interest Code. If amendments are necessary, the amended code must be provided to Council for
approval within 90 days.
Attachments:
a - Draft Resolution
b - Draft Conflict of Interest Code 2020
c - List of Designated Positions 2020 - Legislative Draft
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R ______
RESOLUTION NO. _______ (2020 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AMENDING THE CITY’S CONFLICT OF
INTEREST CODE
WHEREAS, the Political Reform Act (Government Code Section 81000 et seq.) requires
local government agencies to promulgate and adopt conflict of interest codes; and
WHEREAS, Resolution No. 10938 (2018 Series) adopted on September 18, 2018
amended the City’s Conflict of Interest Code by updating the List of Designated Positions and
Disclosure Categories (Exhibit A); and
WHEREAS, the Political Reform Act requires that the City Council review its Conflict of
Interest Code biennially to determine whether amendments are required; and
WHEREAS, Council Members and appointed officials are not designated employees
under this conflict of interest code because they are statutorily required to file conflicts disclosures
by Government Code Section 87200 (known as “87200 filers”) and this conflicts code is intended
to supplement those statutory requirements as to employees and members of certain advisory
bodies who are not 87200 filers.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
that:
SECTION 1. Resolution No. 10938 (2018 Series) is hereby rescinded.
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Resolution No. _________ (2020 Series) Page 2
R ______
SECTION 2. Pursuant to the Political Reform Act of 1974, Government Code Section
87300 et seq., and Section 18730 of Title 2 of the California Code of Regulations, the City Council
adopts the model conflict of interest code promulgated by the Fair Political Practices Commission
of the State of California as set forth in Section 18730 of Title 2 of the California Code of
Regulations, which model conflict of interest code is incorporated herein by reference, and which,
together with the City’s Disclosure Categories and List of Designated Positions collectively
constitutes the City of San Luis Obispo’s Conflict of Interest Code, as set forth in Exhibit A and
Appendices 1 and 2 of this Resolution. As the model conflict of interest code set forth in Section
18730 of Title 2 of the California Code of Regulations is amended from time to time by State law,
regulatory action of the Fair Political Practices Commission, or judicial determination, the portion
of the City’s Conflict of Interest Code comprising the model conflict of interest code shall be
deemed automatically amended without further action to incorporate by reference all such
amendments to the model conflict of interest code.
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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CONFLICT OF INTEREST CODE - 2020
CITY OF SAN LUIS OBISPO, CALIFORNIA
CONFLICT OF INTEREST CODE ............................................................................................... 2
Section 1. Authority ........................................................................................................................ 2
Section 2. Purpose ........................................................................................................................... 2
Section 3. Code Reviewing Body ................................................................................................... 2
Section 4. Filing Officer ................................................................................................................. 2
Section 5. Code Administrator ........................................................................................................ 2
Section 6. Section 18730 of the California Code of Regulations ................................................... 2
Section 7. Disclosure CateGories ................................................................................................... 3
Section 8. Designated Positions ...................................................................................................... 3
EXHIBIT A Incorporation of California Code of Regulations by Reference ................................ 4
Section 1. Definitions...................................................................................................................... 4
Section 2. Designated Employees. .................................................................................................. 4
Section 3. Disclosure Categories. ................................................................................................... 4
Section 4. Statements of Economic Interests: Place of Filing. ....................................................... 5
Section 5. Statements of Economic Interests: Time of Filing. ....................................................... 5
Section 5.5. Statements for Persons Who Resign Prior to Assuming Office. ................................ 5
Section 6. Contents of and Period Covered by Statements of Economic Interests. ........................ 6
Section 7. Manner of Reporting. ..................................................................................................... 6
Section 8. Prohibition on Receipt of Honoraria. ............................................................................. 8
Section 8.1 Prohibition on Receipt of Gifts in Excess of $500. ..................................................... 8
Section 8.2. Loans to Public Officials. ........................................................................................... 8
Section 8.3. Loan Terms. ................................................................................................................ 9
Section 8.4. Personal Loans. ......................................................................................................... 10
Section 9. Disqualification. ........................................................................................................... 10
Section 9.3. Legally Required Participation. ................................................................................ 11
Section 9.5. Disqualification of State Officers and Employees. ................................................... 11
Section 10. Disclosure of Disqualifying Interest. ......................................................................... 11
Section 11. Assistance of the Commission and Counsel. ............................................................. 11
Section 12. Violations. .................................................................................................................. 11
APPENDIX 1 Disclosure Categories............................................................................................ 13
APPENDIX 2 List of Designated Positions.................................................................................. 14
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CONFLICT OF INTEREST CODE
CITY OF SAN LUIS OBISPO, CALIFORNIA
SECTION 1. AUTHORITY
Government Code Section 87300 requires the City of San Luis Obispo to adopt a Conflict
of Interest Code.
SECTION 2. PURPOSE
The purpose of the City of San Luis Obispo Conflict of Interest Code is to incorporate by
reference the terms of Section 18730 of the California Code of Regulations pertaining to Conflict
of Interest Codes.
SECTION 3. CODE REVIEWING BODY
The City Council of the City of San Luis Obispo shall be the Code Reviewing Body for
the City of San Luis Obispo Conflict of Interest Code.
SECTION 4. FILING OFFICER
The City Clerk of the City of San Luis Obispo shall be the Filing Officer for the City of
San Luis Obispo Conflict of Interest Code. All persons occupying designated positions shall file
Statements of Economic Interests with the City Clerk.
The City Clerk shall make statements available for public inspection and reproduction,
shall retain all statements pursuant to State Law, and shall perform all other duties and
responsibilities of the Filing Officer pursuant to State Law.
SECTION 5. CODE ADMINISTRATOR
The City Manager, or his/her designee, shall be the Code Administrator for the City of San
Luis Obispo Conflict of Interest Code.
The Code Administrator may promulgate further rules and regulations, which are not
inconsistent with the Code, the Political Reform Act, or any regulation of the Fair Political
Practices Commission; to administer the Conflict of Interest Code, including non-substantive
alterations to the Code.
Non-substantive alterations shall be limited to the following:
(A) The reclassification or renaming of previously designated positions.
(B) The deletion of a position for which the classification has been abolished.
(C) Definitional or operational provisions in conformity to a statutory amendment, a
regulation of the Fair Political Practices Commission, or a decision of a Court of
competent jurisdiction.
SECTION 6. SECTION 18730 OF THE CALIFORNIA CODE OF REGULATIONS
Section 18730 of Title 2, Division 6, of the California Code of Regulations, as set forth in
Exhibit A, and any amendment to it duly adopted by the Fair Political Practices Commission, along
with any Appendices, are hereby incorporated by reference and constitutes the Conflict of Interest
Code of the City of San Luis Obispo.
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SECTION 7. DISCLOSURE CATEGORIES
Such persons holding designated positions shall report economic interests as set forth in
Appendix 1.
SECTION 8. DESIGNATED POSITIONS
The positions listed in Appendix 2 are Designated Positions. Officers and employees
holding those positions are Designated Positions and are deemed to make, or participate in the
making of, decisions, which may foreseeably have a material effect on a financial interest.
Consultants may be Designated Positions, as determined by the Code Administrator.
The Members of the City Council, Mayor, City Manager, City Attorney, City Treasurer,
Members of the Planning Commission, other public officials who manage public investments, and
candidates for any offices at election, are required to file Statements of Economic Interest pursuant
to Government Code Section 87200 et seq.
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CONFLICT OF INTEREST CODE
CITY OF SAN LUIS OBISPO, CALIFORNIA
EXHIBIT A
INCORPORATION OF CALIFORNIA
CODE OF REGULATIONS BY REFERENCE
Incorporation by reference of the terms of this regulation along with the designation of
employees and the formulation of disclosure categories in the Appendix referred to below
constitute the adoption and promulgation of a conflict of interest code within the meaning of
Government Code Section 87300 or the amendment of a conflict of interest code within the
meaning of Government Code Section 87306 if the terms of this regulation are substituted for
terms of a conflict of interest code already in effect. A code so amended or adopted and
promulgated requires the reporting of reportable items in a manner substantially equivalent to the
requirements of article 2 of chapter 7 of the Political Reform Act, Government Code Sections
81000, et seq. The requirements of a conflict of interest code are in addition to other requirements
of the Political Reform Act, such as the general prohibition against co nflicts of interest contained
in Government Code Section 87100, and to other state or local laws pertaining to conflicts of
interest.
The terms of a conflict of interest code amended or adopted and promulgated pursuant to
this regulation are as follows:
SECTION 1. DEFINITIONS.
The definitions contained in the Political Reform Act of 1974, regulations of the Fair
Political Practices Commission (2 Cal. Code of Regs. Sections 18100, et seq.), and any
amendments to the Act or regulations, are incorporated by reference into this conflict of interest
code.
SECTION 2. DESIGNATED EMPLOYEES.
The persons holding positions listed in the Appendix are designated employees. It has been
determined that these persons make or participate in the making of decisions which may
foreseeably have a material effect on economic interests.
SECTION 3. DISCLOSURE CATEGORIES.
This code does not establish any disclosure obligation for those designated employees who
are also specified in Government Code Section 87200 if they are designated in this code in that
same capacity or if the geographical jurisdiction of this agency is the same as or is wholly included
within the jurisdiction in which those persons must report their economic interests pursuant to
article 2 of chapter 7 of the Political Reform Act, Government Code Sections 87200, et seq.
In addition, this code does not establish any disclosure obligation for any designated
employees who are designated in a conflict of interest code for another agency, if all of the
following apply:
(A) The geographical jurisdiction of this agency is the same as or is wholly included
within the jurisdiction of the other agency;
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(B) The disclosure assigned in the code of the other agency is the same as that required
under article 2 of chapter 7 of the Political Reform Act, Government Code Section
87200; and
(C) The filing officer is the same for both agencies.1
Such persons are covered by this code for disqualification purposes only. With
respect to all other designated employees, the disclosure categories set forth in the
Appendix specify which kinds of economic interests are reportable. Such a
designated employee shall disclose in his or her statement of economic interests
those economic interests he or she has which are of the kind described in the
disclosure categories to which he or she is assigned in the Appendix. It has been
determined that the economic interests set forth in a designated employee’s
disclosure categories are the kinds of economic interests which he or she
foreseeably can affect materially through the conduct of his or her office.
SECTION 4. STATEMENTS OF ECONOMIC INTERESTS: PLACE OF FILING.
The code reviewing body shall instruct all designated employees within its code to file
statements of economic interests with the agency or with the code reviewing body, as provided by
the code reviewing body in the agency’s conflict of interest code.2
SECTION 5. STATEMENTS OF ECONOMIC INTERESTS: TIME OF FILING.
(A) Initial Statements. All designated employees employed by the agency on the
effective date of this code, as originally adopted, promulgated and approved by the
code reviewing body, shall file statements within 30 days after the effective date of
this code. Thereafter, each person already in a position when it is designated by an
amendment to this code shall file an initial statement within 30 days after the
effective date of the amendment.
(B) Assuming Office Statements. All persons assuming designated positions after the
effective date of this code shall file statements within 30 days after assuming the
designated positions, or if subject to State Senate confirmation, 30 days after being
nominated or appointed.
(C) Annual Statements. All designated employees shall file statements no later than
April 1.
(D) Leaving Office Statements. All persons who leave designated positions shall file
statements within 30 days after leaving office.
SECTION 5.1. STATEMENTS FOR PERSONS WHO RESIGN PRIOR TO ASSUMING
OFFICE.
Any person who resigns within 12 months of initial appointment, or within 30 days of the
date of notice provided by the filing officer to file an assuming office statement, is not deemed to
have assumed office or left office, provided he or she did not make or participate in the making of,
or use his or her position to influence any decision and did not receive or become entitled to receive
any form of payment as a result of his or her appointment. Such persons shall not file either an
assuming or leaving office statement.
(A) Any person who resigns a position within 30 days of the date of a notice from the
filing officer shall do both of the following:
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(1) File a written resignation with the appointing power; and
(2) File a written statement with the filing officer declaring under penalty of
perjury that during the period between appointment and resignation he or
she did not make, participate in the making, or use the position to influence
any decision of the agency or receive, or become entitled to receive, any
form of payment by virtue of being appointed to the position.
SECTION 6. CONTENTS OF AND PERIOD COVERED BY STATEMENTS OF ECONOMIC
INTERESTS.
(A) Contents of Initial Statements.
Initial statements shall disclose any reportable investments, interests in real
property and business positions held on the effective date of the code and income
received during the 12 months prior to the effective date of the code.
(B) Contents of Assuming Office Statements.
Assuming office statements shall disclose any reportable investments, interests in
real property and business positions held on the date of assuming office or, if
subject to State Senate confirmation or appointment, on the date of nomination, and
income received during the 12 months prior to the date of assuming office or the
date of being appointed or nominated, respectively.
(C) Contents of Annual Statements. Annual statements shall disclose any reportable
investments, interests in real property, income and business positions held or
received during the previous calendar year provided, however, that the period
covered by an employee’s first annual statement shall begin on the effective date
of the code or the date of assuming office whichever is later, or for a bo ard or
commission member subject to Government Code Section 87302.6, the day after
the closing date of the most recent statement filed by the member pursuant to 2 Cal.
Code Regs. Section 18754.
(D) Contents of Leaving Office Statements.
Leaving office statements shall disclose reportable investments, interests in real
property, income and business positions held or received during the period between
the closing date of the last statement filed and the date of leaving office.
SECTION 7. MANNER OF REPORTING.
Statements of economic interests shall be made on forms prescribed by the Fair Political
Practices Commission and supplied by the agency, and shall contain the following information:
(A) Investments and Real Property Disclosure.
When an investment or an interest in real property3 is required to be reported,4 the
statement shall contain the following:
1. A statement of the nature of the investment or interest;
2. The name of the business entity in which each investment is held, and a
general description of the business activity in which the business entity is
engaged;
3. The address or other precise location of the real property;
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4. A statement whether the fair market value of the investment or interest in
real property equals or exceeds two thousand dollars ($2,000), exceeds ten
thousand dollars ($10,000), exceeds one hundred thousand dollars
($100,000), or exceeds one million dollars ($1,000,000).
(B) Personal Income Disclosure. When personal income is required to be reported,5 the
statement shall contain:
1. The name and address of each source of income aggregating five hundred
dollars ($500) or more in value, or fifty dollars ($50) or more in value if the
income was a gift, and a general description of the business activity, if any,
of each source;
2. A statement whether the aggregate value of income from each source, or in
the case of a loan, the highest amount owed to each source, was one
thousand dollars ($1,000) or less, greater than one thousand dollars
($1,000), greater than ten thousand dollars ($10,000), or greater than one
hundred thousand dollars ($100,000);
3. A description of the consideration, if any, for which the income was
received;
4. In the case of a gift, the name, address and business activity of the donor
and any intermediary through which the gift was made; a description of the
gift; the amount or value of the gift; and the date on which the gift was
received;
5. In the case of a loan, the annual interest rate and the security, if any, given
for the loan and the term of the loan.
(C) Business Entity Income Disclosure. When income of a business entity, including
income of a sole proprietorship, is required to be reported,6 the statement shall
contain:
1. The name, address, and a general description of the business activity of the
business entity;
2. The name of every person from whom the business entity received
payments if the filer’s pro rata share of gross receipts from such person was
equal to or greater than ten thousand dollars ($10,000).
(D) Business Position Disclosure. When business positions are required to be reported,
a designated employee shall list the name and address of each business entity in
which he or she is a director, officer, partner, trustee, employee, or in which he or
she holds any position of management, a description of the business activity in
which the business entity is engaged, and the designated employee’s position with
the business entity.
(E) Acquisition or Disposal During Reporting Period. In the case of an annual or
leaving office statement, if an investment or an interest in real property was
partially or wholly acquired or disposed of during the period covered by the
statement, the statement shall contain the date of acquisition or disposal.
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SECTION 8. PROHIBITION ON RECEIPT OF HONORARIA.
(A) No member of a state board or commission, and no designated employee of a state
or local government agency, shall accept any honorarium from any source, if the
member or employee would be required to report the receipt of income or gifts from
that source on his or her statement of economic interests. This section shall not
apply to any part time member of the governing board of any public institution of
higher education, unless the member is also an elected official.
Subdivisions (a), (b), and (c) of Government Code Section 89501 shall apply to the
prohibitions in this section.
This section shall not limit or prohibit payments, advances, or reimbursements for travel
and related lodging and subsistence authorized by Government Code Section 89506.
SECTION 8.1 PROHIBITION ON RECEIPT OF GIFTS IN EXCESS OF $500
(A) No member of a state board or commission, and no designated employee of a state
or local government agency, shall accept gifts with a total value of more than $500
in a calendar year from any single source, if the member or employee would be
required to report the receipt of income or gifts from that source on his or her
statement of economic interests. This section shall not apply to any part time
member of the governing board of any public institution of higher education, unless
the member is also an elected official.
Subdivisions (e), (f), and (g) of Government Code Section 89503 shall apply to the
prohibitions in this section.
SECTION 8.2. LOANS TO PUBLIC OFFICIALS.
(A) No elected officer of a state or local government agency shall, from the date of his
or her election to office through the date that he or she vacates office, receive a
personal loan from any officer, employee, member, or consultant of the state or
local government agency in which the elected officer holds office or over which the
elected officer’s agency has direction and control.
(B) No public official who is exempt from the state civil service system pursuant to
subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution
shall, while he or she holds office, receive a personal loan from any officer,
employee, member, or consultant of the state or local government agency in which
the public official holds office or over which the public official’s agency has
direction and control. This subdivision shall not apply to loans made to a public
official whose duties are solely secretarial, clerical, or manual.
(C) No elected officer of a state or local government agency shall, from the date of his
or her election to office through the date that he or she vacates office, receive a
personal loan from any person who has a contract with the state or local government
agency to which that elected officer has been elected or over which that elected
officer’s agency has direction and control. This subdivision shall not apply to loans
made by banks or other financial institutions or to any indebtedness created as part
of a retail installment or credit card transaction, if the loan is made or the
indebtedness created in the lender’s regular course of business on terms available
to members of the public without regard to the elected officer’s official status.
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(D) No public official who is exempt from the state civil service system pursuant to
subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution
shall, while he or she holds office, receive a personal loan from any person who has
a contract with the state or local government agency to which that elected officer
has been elected or over which that elected officer’s agency has direction and
control. This subdivision shall not apply to loans made by banks or other financial
institutions or to any indebtedness created as part of a retail installment or credit
card transaction, if the loan is made or the indebtedness created in the lender’s
regular course of business on terms available to members of the public without
regard to the elected officer’s official status. This subdivision shall not apply to
loans made to a public official whose duties are solely secretarial, clerical, or
manual.
(E) This section shall not apply to the following:
1. Loans made to the campaign committee of an elected officer or candidate
for elective office.
2. Loans made by a public official’s spouse, child, parent, grandparent,
grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law,
nephew, niece, aunt, uncle, or first cousin, or the spouse of any such
persons, provided that the person making the loan is not acting as an agent
or intermediary for any person not otherwise exempted under this section.
3. Loans from a person which, in the aggregate, do not exceed five hundred
dollars ($500) at any given time.
4. Loans made, or offered in writing, before January 1, 1998.
SECTION 8.3. LOAN TERMS.
(A) Except as set forth in subdivision (B), no elected officer of a state or local
government agency shall, from the date of his or her election to office through the
date he or she vacates office, receive a personal loan of five hundred dollars ($500)
or more, except when the loan is in writing and clearly states the terms of the loan,
including the parties to the loan agreement, date of the loan, amount of the loan,
term of the loan, date or dates when payments shall be due on the loan and the
amount of the payments, and the rate of interest paid on the loan.
(B) This section shall not apply to the following types of loans:
1. Loans made to the campaign committee of the elected officer.
2. Loans made to the elected officer by his or her spouse, child, parent,
grandparent, grandchild, brother, sister, parent-in-law, brother-in-law,
sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of
any such person, provided that the person making the loan is not acting as
an agent or intermediary for any person not otherwise exempted under this
section.
3. Loans made, or offered in writing, before January 1, 1998.
(C) Nothing in this section shall exempt any person from any other provision of Title 9
of the Government Code.
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SECTION 8.4. PERSONAL LOANS.
(A) Except as set forth in subdivision (B), a personal loan received by any designated
employee shall become a gift to the designated employee for the purposes of this
section in the following circumstances:
1. If the loan has a defined date or dates for repayment, when the statute of
limitations for filing an action for default has expired.
2. If the loan has no defined date or dates for repayment, when one year has
elapsed from the later of the following:
a. The date the loan was made.
b. The date the last payment of one hundred dollars ($100) or more
was made on the loan.
c. The date upon which the debtor has made payments on the loan
aggregating to less than two hundred fifty dollars ($250) during the
previous 12 months.
(B) This section shall not apply to the following types of loans:
1. A loan made to the campaign committee of an elected officer or a candidate
for elective office.
2. A loan that would otherwise not be a gift as defined in this title.
3. A loan that would otherwise be a gift as set forth under subdivision (A), but
on which the creditor has taken reasonable action to collect the balance due.
4. A loan that would otherwise be a gift as set forth under subdivision (A), but
on which the creditor, based on reasonable business considerations, has not
undertaken collection action. Except in a criminal action, a creditor who
claims that a loan is not a gift on the basis of this paragraph has the burden
of proving that the decision for not taking collection action was based on
reasonable business considerations.
5. A loan made to a debtor who has filed for bankruptcy and the loan is
ultimately discharged in bankruptcy.
(C) Nothing in this section shall exempt any person from any other provisions of Title
9 of the Government Code.
SECTION 9. DISQUALIFICATION.
No designated employee shall make, participate in making, or in any way attempt to use
his or her official position to influence the making of any governmental decision which he or she
knows or has reason to know will have a reasonably foreseeable material financial effect,
distinguishable from its effect on the public generally, on the official or a member of his or her
immediate family or on:
(A) Any business entity in which the designated employee has a direct or indirect
investment worth two thousand dollars ($2,000) or more;
(B) Any real property in which the designated employee has a direct or indirect interest
worth two thousand dollars ($2,000) or more;
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(C) Any source of income, other than gifts and other than loans by a commercial
lending institution in the regular course of business on terms available to the public
without regard to official status, aggregating five hundred dollars ($500) or more
in value provided to, received by or promised to the designated employee within 12
months prior to the time when the decision is made;
(D) Any business entity in which the designated employee is a director, officer, partner,
trustee, employee, or holds any position of management; or
(E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating
$470 or more provided to, received by, or promised to the designated employee
within 12 months prior to the time when the decision is made.
SECTION 9.1. LEGALLY REQUIRED PARTICIPATION.
No designated employee shall be prevented from making or participating in the making of
any decision to the extent his or her participation is legally required for the decision to be made.
The fact that the vote of a designated employee who is on a voting body is needed to break a tie
does not make his or her participation legally required for purposes of this section.
SECTION 9.2. DISQUALIFICATION OF STATE OFFICERS AND EMPLOYEES.
In addition to the general disqualification provisions of Section 9, no state administrative
official shall make, participate in making, or use his or her official position to influence any
governmental decision directly relating to any contract where the state administrative official
knows or has reason to know that any party to the contract is a person with whom the state
administrative official, or any member of his or her immediate family has, within 12 months prior
to the time when the official action is to be taken:
(A) Engaged in a business transaction or transactions on terms not available to members
of the public, regarding any investment or interest in real property; or
(B) Engaged in a business transaction or transactions on terms not available to members
of the public regarding the rendering of goods or services totaling in value one
thousand dollars ($1,000) or more.
SECTION 10. DISCLOSURE OF DISQUALIFYING INTEREST.
When a designated employee determines that he or she should not make a governmental
decision because he or she has a disqualifying interest in it, the determination not to act may be
accompanied by disclosure of the disqualifying interest.
SECTION 11. ASSISTANCE OF THE COMMISSION AND COUNSEL.
Any designated employee who is unsure of his or her duties under this code may request
assistance from the Fair Political Practices Commission pursuant to Government Code Section
83114 and 2 Cal. Code Regs. Sections 18329 and 18329.5 or from the attorney for his or her
agency, provided that nothing in this section requires the attorney for the agency to issue any
formal or informal opinion.
Section 12. Violations.
This code has the force and effect of law. Designated employees violating any provision
of this code are subject to the administrative, criminal and civil sanctions provided in the Political
Reform Act, Government Code Sections 81000 – 91014. In addition, a decision in relation to which
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a violation of the disqualification provisions of this code or of Government Code Section 87100
or 87450 has occurred may be set aside as void pursuant to Government Code Section 91003.
NOTE: Authority cited: Section 83113, Government Code. Reference Sections 87103(e), 87300,
87302, 89501, 89502 and 89503, Government Code.
1 Designated employees who are required to file statements of economic interests under any other
agency’s conflict of interest code, or under article 2 for a different jurisdiction, may expand their
statement of economic interests to cover reportable interests in both jurisdictions, and file copies
of this expanded statement with both entities in lieu of filing separate and distinct statements,
provided that each copy of such expanded statement filed in place of an original statement is signed
and verified by the designated employee as if it were an original. See Government Code Section
81004.
2 See Government Code Section 81010 and 2 Ca. Code of Regs. Section 18115 for the duties of
filing officers and persons in agencies who make and retain copies of statements and forward the
originals to the filing officer.
3 For purposes of disclosure only (not disqualification), an interest in real property does not include
the principal residence of the filer.
4 Investments and interests in real property which have a fair market value of less than $2,000 are
not investments and interests in real property within the meaning of the Political Reform Act.
However, investments or interests in real property of an individual include those held by the
individual’s spouse and dependent children as well as a pro rata share of any investment or interest
in real property of any business entity or trust in which the individual, spouse and dependent
children own, in the aggregate, a direct, indirect or beneficial interest of 10 percent or greater.
5 A designated employee’s income includes his or her community property interest in the income
of his or her spouse but does not include salary or reimbursement for expenses received from a
state, local or federal government agency.
6 Income of a business entity is reportable if the direct, indirect or beneficial interest of the filer
and the filer’s spouse in the business entity aggregates a 10 percent or greater interest. In addition,
the disclosure of persons who are clients or customers of a business entity is required only if the
clients or customers are within one of the disclosure categories of the filer.
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CONFLICT OF INTEREST CODE
CITY OF SAN LUIS OBISPO, CALIFORNIA
APPENDIX 1
DISCLOSURE CATEGORIES
CATEGORY 1 (Broad Disclosure)
All investments, business positions, and sources of income, including gifts, loans, and travel
payments from sources doing business in the jurisdiction of the City.
All interests in real property within the jurisdiction, including property located within a two-mile
radius of any property owned or used by the City.
CATEGORY 2 (Disclosure Related to Contracting/Purchasing)
All investments, business positions, and income, including gifts, loans, and travel payments, from
sources that provide leased facilities, goods, equipment, vehicles, machinery or services, including
training or consulting services, of the type associated with the employee’s job assignment.
CATEGORY 3 (Disclosure Related to Licensing/Permitting)
All investments, business positions, and income, including gifts, loans, and travel payments, from
sources that are subject to the regulatory, permit, or licensing authority of, or have an application
for a license or permit pending before the City, and is subject the employee’s area of authority.
CATEGORY 4 (Disclosure Related to Grants/Service Providers)
All investments, business positions, and income, including gifts, loans, and travel payments, or
income from a nonprofit organization, if the source is of the type to receive grants and other monies
from or through the City, and subject to the employee’s area of authority.
CATEGORY 5 (Consultant Disclosure)
Must report investments, business positions, and income from business entities located in, planning
to do business in, or doing business with the City of San Luis Obispo subject to the following: No
financial interest need be reported unless it is from a source which provides services, supplies,
material, machinery, or equipment of the type utilized by or which is subject to the regulatory
permit or licensing authority of the department by which the consultant is employed.
Department Directors shall determine, based upon the description of the consultant’s duties
outlined in the contract, whether or not a consultant will make or participate in making a
governmental decision, and if so the consultant shall file a Statement of Economic Interest.
NEWLY CREATED/TEMPORARY POSITIONS
With respect to newly created and temporary positions, the department director shall determine if a
newly created position will make or participate in making governmental decisions on behalf of the
City and, if so assign a disclosure category conforming to the position’s range of duties.
Determinations shall be made in writing on an FPPC Form 804 and provided to the City Clerk and
the Human Resources Department.
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CONFLICT OF INTEREST CODE
CITY OF SAN LUIS OBISPO, CALIFORNIA
APPENDIX 2 LIST OF DESIGNATED POSITIONS
DRAFT CHANGES – 2020 CODE REVIEW
DESIGNATED POSITIONS DISCLOSURE CATEGORY
Committees/Commissions/Authorities:
Members of the Architectural Review Commission 3
Members of the Administrative Review Board 1
Members of the Construction Board of Appeals 1
Members of the Cultural Heritage Committee 3
Members of the Housing Authority 1
Members of the Human Relations Committee 4
Members of the Investment Oversight Committee 1
Members of the Parking Authority 1
Members of the Promotional Coordinating Committee 2, 4
Members of the Public Financing Authority 1
Administration Department
Assistant to the City Manager 2
City Clerk 2
Economic Development Manager 2, 3
Network Services Supervisor 2
Deputy City Manager 1
Information Technology Manager 2
Information Services Supervisor 2
Sustainability and Natural Resources Official 2, 3
Sustainability Manager 2
Tourism Manager 2, 4
City Attorney’s Office
Administrative Citation Hearing Officer 1
Assistant City Attorney 1
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DESIGNATED POSITIONS DISCLOSURE CATEGORY
Community Development Department
Building and Safety Supervisor 2, 3
Code Enforcement Supervisor 2, 3
Deputy Director of Community Development 1
Director of Community Development 1
Housing Coordinator 2, 3
Principal Planner 2, 3
Senior Planner 2, 3
Senior Civil Engineer 2, 3
Special Projects Manager 2, 3
Supervising Civil Engineer 2, 3
Community Services
Assistant City Manager 1
Business Manager 2
Finance Department
Accounting Manager/Controller 2, 3
Principal Budget Analyst 2
Senior Accountant 2
Financial Analyst – Purchasing 2, 3
Financial Analyst – Revenue 3
Financial Analyst – Infrastructure Financing 4
Fire Department
Deputy Fire Chief 2, 3
Fire Chief 1
Fire Marshal/Chief Building Official 2, 3
Fire Inspector II 2, 3
Human Resources Department
Director of Human Resources 2
Human Resources Manager 2
Parks & Recreation Department
Director of Parks and Recreation 1
Recreation Manager 2
Recreation Manager (Aquatics, Facilities, & Golf) 2
Police Department
Chief of Police 1
Communication Manager 2
Neighborhood Outreach Manager 2
Police Captain 2, 3
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DESIGNATED POSITIONS DISCLOSURE CATEGORY
Public Works Department
Active Transportation Manager 2
Construction Engineering Manager 2
Deputy Director of Public Works 2, 3
Director of Public Works 1
Fleet Maintenance Supervisor 2
Maintenance Operations Manager 2
Parking Services Manager 2, 3
Parks Maintenance Supervisor 2
Senior Civil Engineer 2, 3
Streets Maintenance Supervisor 2
Supervising Civil Engineer 2, 3
Transit Manager 2, 3
Transportation Manager 2, 3
Urban Forest Supervisor/City Arborist 2, 3
Utilities Department
Deputy Director of Utilities 2, 3
Director of Utilities 1
Environmental Programs Manager 2, 3
Laboratory Manager 2
Solid Waste Coordinator 2
Business Manager 2
Utilities Engineer 2, 3
Utilities Projects Manager 2
Wastewater Collection System Supervisor 2
Wastewater Treatment Plant Supervisor 2
Water Distribution Chief Operator 2
Water Distribution System Supervisor 2
Water Resources Program Manager 2
Water Resource Recovery Facility Chief Operator 2
Water Resource Recovery Facility Chief Maintenance Technician 2
Water Resources Recovery Facility Supervisor 2
Water Treatment Plant Chief Operator 2
Water Treatment Plan Chief Maintenance Technician 2
Water Treatment Plant Supervisor 2
Whale Rock Reservoir Supervisor 2
Other Positions:
Housing Authority Executive Director 1
Consultants 5
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CONFLICT OF INTEREST CODE
CITY OF SAN LUIS OBISPO, CALIFORNIA
APPENDIX 2 LIST OF DESIGNATED POSITIONS
DRAFT CHANGES – 2020 CODE REVIEW
DESIGNATED POSITIONS DISCLOSURE CATEGORY
Committees/Commissions/Authorities:
Members of the Architectural Review Commission 3
Members of the Administrative Review Board 1
Members of the Construction Board of Appeals 1
Members of the Cultural Heritage Committee 3
Members of the Housing Authority 1
Members of the Human Relations Committee 4
Members of the Investment Oversight Committee 1
Members of the Parking Authority 1
Members of the Promotional Coordinating Committee 2, 4
Members of the Public Financing Authority 1
Administration Department
Assistant City Manager (Moved to Community Services) 1
Assistant City Clerk 2
Assistant to the City Manager 2
City Clerk 2
Economic Development Manager 2, 3
Natural Resources Manager 2
Network Services Supervisor 2
Interim Deputy City Manager 1
Interim Deputy Director – Office of Sustainability 2
Information Technology Director 1
Information Technology Manager 2
Information Services Supervisor 2
Special Projects Manager 2,3
Sustainability and Natural Resources Official 2, 3
Sustainability Manager 2
Tourism Manager 2, 4
City Attorney’s Office
Administrative Citation Hearing Officer 1
Assistant City Attorney 1
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San Luis Obispo Conflict of Interest Code Page 2
DESIGNATED POSITIONS DISCLOSURE CATEGORY
Community Development Department
Building and Safety Supervisor 2, 3
Chief Building Official (Combined with Fire Marshall) 2, 3
Code Enforcement Supervisor 2, 3
Deputy Director of Community Development 1
Director of Community Development 1
Housing Program Manager Coordinator 2, 3
Principal Planner 2, 3
Senior Planner 2, 3
Senior Civil Engineer 2, 3
Special Projects Manager 2, 3
Supervising Civil Engineer 2, 3
Community Services
Assistant City Manager 1
Business Manager 2
Finance Department
Accounting Manager/Controller 2, 3
Budget Manager Principal Budget Analyst 2
Director of Finance (Removed as this position is an 87200 filer) 1
Purchasing Financial Analyst - Purchasing 2, 3
Financial Analyst – Revenue 3
Financial Analyst – Infrastructure Financing 4
Fire Department
Deputy Fire Chief 2, 3
Fire Chief 1
Fire Marshal/Chief Building Official 2, 3
Fire Inspector II 2, 3
Human Resources Department
Director of Human Resources 2, 4
Human Resources Manager 2, 4
Parks & Recreation Department
Director of Parks and Recreation 1
Recreation Manager 2
Recreation Supervisor Manager (Aquatics, Facilities, & Golf) 2
Police Department
Chief of Police 1
Communication Manager 2
Neighborhood Outreach Manager 2
Police Captain 2, 3
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DESIGNATED POSITIONS DISCLOSURE CATEGORY
Public Works Department
Active Transportation Manager 2
Construction Engineering Manager 2
Deputy Director of Public Works 2, 3
Director of Public Works 1
Fleet Maintenance Supervisor 2
Maintenance Operations Manager 2
Parking Services Manager 2, 3
Parks Maintenance Supervisor 2
Senior Civil Engineer 2, 3
Streets Maintenance Supervisor 2
Supervising Civil Engineer 2, 3
Transit Manager 2, 3
Transportation Manager 2, 3
Urban Forest Supervisor/City Arborist 2, 3
Utilities Department
Deputy Director of Utilities 2, 3
Director of Utilities 1
Environmental Programs Manager 2, 3
Laboratory Manager 2
Solid Waste Coordinator 2
Utilities Business Manager 2
Utilities Engineer 2, 3
Utilities Projects Manager 2
Wastewater Collection System Supervisor 2
Wastewater Treatment Plant Supervisor 2
Water Distribution Chief Operator 2
Water Distribution System Supervisor 2
Water Resources Program Manager 2
Water Resource Recovery Facility Chief Operator 2
Water Resource Recovery Facility Chief Maintenance Technician 2
Water Resources Recovery Facility Supervisor 2
Water Treatment Plant Chief Operator 2
Water Treatment Plan Chief Maintenance Technician 2
Water Treatment Plant Supervisor 2
Whale Rock Reservoir Supervisor 2
Other Positions:
Housing Authority Executive Director 1
Consultants 5
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Department Name: Utilities
Cost Center: 6001
For Agenda of: September 15, 2020
Placement: Consent
Estimated Time: N/A
FROM: Aaron Floyd, Utilities Director
Prepared By: Mychal Boerman, Utilities Deputy Director, Water
Jennifer Metz, Utilities Project Manager
SUBJECT: 2019 INTEGRATED REGIONAL WATER MANAGEMENT PLAN
RECOMMENDATION
Adopt a Resolution (Attachment A) adopting the 2019 San Luis Obispo County Integrated
Regional Water Management (IRMW) Plan.
DISCUSSION
Background
In 2002, Senate Bill 1672 established the IRWM Act with the purpose of promoting
collaborative, integrated management of water resources on a localized regional basis. Since that
time, California voters have passed a series of propositions, establishing and funding water
resources management efforts under the State’s IRWM Program. These propositions authorized
the Legislature to appropriate grant funds for IRWM plans and projects, and to establish
eligibility requirements. The IRWM Program is administered by State’s Department of W ater
Resources (DWR).
In November 2012, the City signed a Memorandum of Understanding (MOU) along with 23
other local agencies, including the San Luis Obispo County Flood Control District, five other
cities in San Luis Obispo County, Community Services Districts, Resource Conservation
Districts, and Non-Governmental Organizations, who support the multiple water resource and
regional coordination efforts (included in Attachment A). The San Luis Obispo County Flood
Control District is the lead agency under the MOU, and
collectively, the agencies are referred to as the Regional Water
Management Group (RWMG). As of July 2017, the list of
agencies that have signed onto the RWMG MOU has grown to
include 28 participants.
The Flood Control District is responsible for development and
implementation of San Luis Obispo County Region’s IRWM
Plan. The IRWM Plan was initially developed and adopted by
multiple agencies in the county in 2005. The City adopted the
2014 IRWM Plan by Resolution 10553 on September 2, 2014.
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2019 IRWM Plan
To continue to receive state funding, an update to the 2014 IRWM Plan was needed to comply
with the State’s Department of Water Resources (DWR) 2016 guidelines. The 2019 IRWM Plan
(Attachment C) was developed in accordance with the DWR 2016 guidelines and with
participation from the RWMG, the Water Resources Advisory Committee, and the general
public. The 2019 IRWM Plan was completed in May 2020 and provides the following benefits:
1. Provides an in-depth listing of regional water resources problems;
2. Helps focus funding priorities and estimate staffing requirements;
3. Provides opportunities for diverse and integrated solutions to water resource problems;
4. Makes a concerted and documented effort to include the entire community in water
resources planning, including disadvantaged communities (DACs);
5. Provides opportunities to formulate integrated programs and projects for multiple benefits
for the Region;
6. Allows the region to apply for and accept State funding to address water issues;
7. Makes the regional participants eligible for planning and implementation grants;
8. Provides a consolidated and inclusive planning process;
9. Aligns participants to support projects that benefit the region as a whole;
10. Presents a more economical approach to tackling regional problems by combining
administrative and planning costs of several agencies for some regional issues;
11. Enhances the foundation for “good” regional planning.
Through its governance, goals and objectives, and project review process sections, the 2019
IRWM Plan provides a unified framework among the region’s stakeholders for sustainable water
resource management.
One of the eligibility requirements of the IRWM Program is that the 2019 IRWM Plan be
formally accepted, as evidenced by a resolution or other written documentation, by the governing
bodies of each agency that is part of the RWMG responsible for the development and
implementation of the Plan (California Water Code Section 10543). Approving the attached
Resolution (Attachment A) adopting the 2019 IRWM Plan will satisfy the state requirement. The
MOU for the RWMG, that the City signed onto in 2012, is attached to the Resolution to
demonstrate the governance under which the regional efforts are conducted.
In 2016, the San Luis Obispo County IRWM program selected several regional projects to be
funded through Proposition 1’s Disadvantaged Communities (DAC) involvement funding grant
program. The City received $78,125 to fund the value engineering of the 60-percent Water
Resources Recovery Facility (WRRF) project design. In 2019, the City received an additional
$1.3 million for WRRF construction. The City has also applied for future funding for expansion
of the City’s recycled water distribution system under this program.
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Previous Council or Advisory Body Actions
The City Council has conducted the following meetings with associated actions as it relates to
the adoption of the 2019 IRWM Plan:
1. November 2012 - The City signed a Memorandum of Understanding (MOU) to participate as
a member of the Regional Water Management Group along with 23 other local agencies with
San Luis Obispo County who support the multiple water resource and regional coordination
efforts (included in Attachment A).
2. September 2, 2014 - The City Council adopted the 2014 IRWM Plan by Resolution 10553.
The County of San Luis Obispo Board of Supervisors adopted the 2019 IRWM Plan at their
September 1, 2020 meeting.
Policy Context
The City’s General Plan, Water and Wastewater Management Element, Program A2.3.1
addresses the collaborative nature of work on the 2019 IRWM Plan stating that the City will
“Work cooperatively on regional water issues and water resource planning (Water Resource
Advisory Committee, Whale Rock Commission, Groundwater Sustainability Commission, etc.).”
Public Outreach
Outreach efforts for the 2019 IRWM Plan update began in 2016 and included over 30 meetings
and workshops that were open to the public. The stakeholder involvement and public outreach
process is summarized in Section 2.3 of the 2019 IRWM Plan.
ENVIRONMENTAL REVIEW
The 2019 IRWM Plan is a planning study that inventories water resources, strategies, and
potential future projects and programs. Therefore, it is statutorily exempt from California
Environmental Quality Act (CEQA) pursuant to Section 15262 of the CEQA Guidelines
(Feasibility and Planning Studies). Future implementation of any identified projects or programs
would be subject to CEQA review. Attachment D includes the Notice of Exemption.
FISCAL IMPACT
Budgeted: N/A Budget Year: N/A
Funding Identified: N/A
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Fiscal Analysis:
Funding Sources Current FY Cost Annualized
On-going Cost Total Project Cost
General Fund
State
Federal
Fees
Other: Water Fund N/A N/A N/A
Total N/A N/A N/A
The 2019 IRWM Plan was funded by SLO County and a Proposition 1 IRWM Planning Grant
from the California DWR. The City, as a RWMG member agency, provided in-kind services
associated with contributions of information, meeting attendance and document review. There is
no fiscal impact associated with the recommended action. Any identified 2019 IRWM Plan
projects related to the City will be brought to the City Council for consideration prior to any
funding commitments.
ALTERNATIVE
Do not adopt the 2019 IRWM Plan. Staff does not recommend this action as it limits the City’s
ability to be eligible for grant funding.
Attachments:
a - Draft Resolution
b - Exhibit A to the Resolution - MOU with IRWM Program Participants dated 11/18/2012
c - COUNCIL READING FILE - 2019 Integrated Regional Water Management Plan
d - Notice of Exemption
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RESOLUTION NO. _____ (2020 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, ADOPTING THE 2019 SAN LUIS OBISPO
COUNTY INTEGRATED REGIONAL WATER MANAGEMENT PLAN
AND FINDING THAT THE PROJECT IS STATUTORILY EXEMPT
FROM SECTION 21000 ET SEQ. OF THE CALIFORNIA PUBLIC
RESOURCES CODE, THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT, PURSUANT TO SECTION 15262 OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT GUIDELINES
WHEREAS, the State of California has established an Integrated Regional Water
Management grant program pursuant to the Safe Drinking Water, Water Quality and Supply, Flood
Control, River and Coastal Protection Bond Act of 2006 (Public Resources Code Section 75001
et seq.) also known as Proposition 84; and
WHEREAS, the Regional Water Management Group for the San Luis Obispo County
Region as of the date of this resolution consists of agencies including the City of San Luis Obispo,
that have signed a Memorandum of Understanding (Exhibit A) and are listed in Exhibit B; and
WHEREAS, the concepts, direction, and approach to water resources management
embodied in the State’s Integrated Regional Water Management Program guidelines closely match
those of the San Luis Obispo County Region; and
WHEREAS, the San Luis Obispo County Integrated Regional Water Management Plan
was initially developed and adopted by multiple agencies in the County including the City of San
Luis Obispo in 2005, 2007, and 2014; and
WHEREAS, an update to the 2014 San Luis Obispo County Integrated Regional Water
Management Plan is needed in order to effectively and efficiently integrate the region’s water
resources management planning objectives and implementation strategies in the following five key
areas: water supply, groundwater monitoring and management, flood management, ecosystems
and watershed, and water resources management and communications; and
WHEREAS, the 2019 San Luis Obispo County Integrated Regional Water Management
Plan was developed in accordance with the State’s Department of Water Resources 2016
guidelines and with participation from the Regional Water Management Group, the Water
Resources Advisory Committee, and the general public; and
WHEREAS, the San Luis Obispo County Flood Control and Water Conservation District
has coordinated with the Regional Water Management Group to produce the 2019 San Luis Obispo
County Integrated Regional Water Management Plan in accordance with State standards; and
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WHEREAS, the 2019 San Luis Obispo County Integrated Regional Water Management
Plan identifies goals, objectives, strategies, and projects designed to improve regional water supply
reliability, water recycling, water conservation, water quality improvement, stormwater capture
and management, flood management, recreation and access, wetland enhancement and creation,
and environmental and habitat protection and improvement; and
WHEREAS; the City of San Luis Obispo has reviewed the 2019 San Luis Obispo County
Integrated Regional Water Management Plan and has determined that the Plan is exempt from
Section 21000 et seq. of the California Public Resources Code, California Environmental Quality
Act (CEQA), pursuant to Section 15262 of the CEQA Guidelines because the Plan is a planning
study which identifies potential projects, programs, and policies for possible future actions, and
includes possible actions, subject to future adoption and approval.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. The 2019 San Luis Obispo County Integrated Regional Water Management
Plan for the San Luis Obispo County Region is hereby adopted, and Utilities Department staff is
hereby authorized and directed to implement actions consistent with participating in updates to the
plan on a five-year cycle as a Regional Water Management Group Member as described within
the Plan.
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SECTION 2. The adoption of the 2019 San Luis Obispo County Integrated Regional
Water Management Plan for the San Luis Obispo County Region is hereby determined to be
exempt from the requirements of Section 21000 et seq. of the California Public Resources Code
(CEQA), Section 15262 of the CEQA Guidelines.
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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EXHIBIT A: Signed MOU (2012)
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EXHIBIT B
Memorandum of Understanding (MOU) Signatories for
San Luis Obispo County Region IRWM Participants,
Updated July 18, 2017
Agency or Organization
1 San Luis Obispo County
2 San Luis Obispo County Flood Control and Water Conservation District
3 Avila Beach Community Services District
4 California Men’s Colony
5 Cambria Community Services District
6 Cayucos Sanitary District
7 Central Coast Salmon Enhancement
8 City of Arroyo Grande
9 City of Grover Beach
10 City of Morro Bay
11 City of Paso Robles
12 City of Pismo Beach
13 City of San Luis Obispo
14 Coastal San Luis Resource Conservation District
15 Heritage Ranch Community Services District
16 Land Conservancy
17 Los Osos Community Services District
18 Morro Bay National Estuary Program
19 Nipomo Community Services District
20 Oceano Community Services District
21 Templeton Community Services District
22 San Miguel Community Services District
23 San Miguelito Mutual Water Company
24 San Simeon Community Services District
25 Shandon-San Juan Water District
26 South San Luis Obispo County Sanitation District
27 S&T Mutual Water Company
28 Upper Salinas – Las Tablas Resource Conservation District
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Exhibit A
San Luis Obispo County Region
Integrated Regional \Vater ivlanagement Program Participants
i\"lemorandum of Understanding
The undersigned agencies and organizations hereby agree as follows:
1.BACKGROUND
The State of, California has established an Integrated Regional Water Management (IR WM) planning and
grant program pursuant to the Safe Drinking \Vater, \Vater Quality and Supply, Flood Control, River and
Coastal Protection Bond Act of 2006 (Public Resource Code (PRC) Section 75001 et seq., also known as
Proposition 84). This program is anticipated to be perpetuated and/or modified by future Bond acts. The
JR \\'fv1 program provides guidance for collaborative efTons to manage all aspects of ,vater resources in a
region by crossing jurisdictional, \\'atershed, and political boundaries to involve multiple agencies,
stakeholders, individual s, and groups in order to address issues and differing perspectives of all entities
involved through mutually beneficial solutions. Regions that develop JR \\IM plans in accordance ,,·ith
the guidelines are eligible for certain water resources grant funding opportunities ..
In accordance ,vith PRC Section 75001 (et seq.) and State JRWM Program guidelines, a Memorandum of
Understanding (MOU) (dated 2009), signed by eleven agencies within San Luis Obispo County,
established a Regional Water Management Group (RWMG) for the San Luis Obispo County IR\VM
Region, and the San Luis Obispo County IRWM Region was officially accepted by the State in May
2009.
The San Luis Obispo County IR\VM Region water resources stakeholders have determined the need to
update the IRWM MOU in order to meet new State IRWM guidelines, to clarify the governance structure
for IR\V�1 planning in the San Luis Obispo County IR\VM Region, and encourage broader participation.
This f\.10U, in conjunction with the current IR\VM Plan, sets forth the San Luis Obispo County IR\VM
Region's governance structure thereby allo\ving members and other stakeholders to understand ho,v to
participate i� the IR\VM Plan development and implementation.
2.PURPOSE, GOALS, AND APPROACII
2.1 Purpose. The purpose of this MEMORANDUM OF UNDERSTANDING (MOU) is to
establish the n1utual understandings among the San Luis Obispo County Region participants \Vith
respect to their joint efforts to develop and implement an Integrated Regional Water Management
(IR\VM) Plan for the San Luis Obispo County Region, including the definition of common
IR\VM terms, roles and responsibilities oflRWM Program Participants, and decision-ma king
processes.
2.2 Goals. The goal of the IR\VM program is to provide a reliable, long-term, and high
quality \Yater supply, and to establish a unified vision an1ong the participants' goals for water
qual!ty improvement, ecosystem preservation, water supply protection and enhancement, ground
water management and flood management, in the context of social justice and climate change
adap.tation, while protecting the environment. The adopted IR\Vi\1 plan will identify major
wate_r-related goals, objectives and conflicts within the region, consider a broad variety of water
management strategies, identify the appropriate mix of \;Yater demand and supply management
alternatives, water quality protections, flood management strategies, and environmental
ste,vardship actions.
2.3 r\pproach. The San Luis Obispo County Region panicipants are specifying their shared
intent to coordinate and collaborate on water management issues, giving consideration to
disadvantaged communities and Native American tribes and their v.·ater related needs. In order to
IR WM Memorandum of Understanding Page I of 8
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Exhibit A
enhance participation of stakeholders, it will be necessary to· work at a sub-regional level to bener
understand the water resources needs and priorities throughout the region. \Vhen applying for
grants, the San Luis Obispo County Region \Viii strive to distribute the grant funding request
fairly across the geographic region. The goal is to distribute 8\\'arded funding from each grant
cycl� equally across the sub-regions (i.e. one quarter of the overall funding to benefit each of the
three sub-regions' projects/programs and one quarter of the overall funding to benefit regional
projects/programs), to the extent feasible.
3.DEFINITIONS
3.1 lnlegrated Regional \Vater l\1anagement Plan (Plan). A comprehensive plan for a
defined geographic area which shall satisfy the requirements of California's JR WM Program.
3.2 San Luis Obispo County Region (Region). The geographic area of San Luis Obispo
County, \Vhich is cotern1inous with the San Luis Obispo County Flood Control and Water
ConServation District (District) boundary.
3.3 Local Agency. Any city, county, city and county, special district,joint powers authority,
or at.her political subdivision of the state, a public utility as defined in Section 216 of the Public
Utilities Code, or a mutual \Vater company as defined in Section 2725 of the Public Utilities
Code.
3.4 Program Participants. Development and implementation of the Region's Plan is a
collaborative effort undertaken by the Region's participants, as further discussed in Section 4.
The effort is being led by the District, in partnership with the Regional \Vater l\.1anagement
Group, \Vater Resources Advisory Committee, Implementation Affiliates, and Interested
Stakeholders. Only regional projects and programs to be implemented by those agencies which
have adopted the Plan \viii be eligible for grant applications. The Region categorizes IR \VM
Program Participants into the follo\ving:
3.4.1 Regional Water l\.1anagen1ent Group (R\VMG). A group inwhich three or n1ore
local agencies, at least t\VO of \Vhich have statutory authority over \\.'ater supply or \Valer
management, as \veil as those other persons \\.'ho may be necessary for the developn1ent and
implementation of the Plan, participate by means of this memorandum of understanding, in
acco:rdance with requirements of the California \Vater Code (C\VC § 10539). The Region's
R\VMG members are signatories to this MOU, have adopted the current Plan, and may designate
a representative to participate in R\V!v1G activities and its \Vorking Group. l'he entities must be
either a Local Agency or an IRS 501(c)(3) nonprofit organization. The RWMG has the capacity
to carry out projects {i.e. financial resources, management structure, adequate staffing). 'l'he
agencies/organizations that fom1 the RWMG may have planning or implementation projects
eligible for State IRWM grants.
3.4.2 \Vater Resources Advisory Committee {WRAC). l'his is the committee
comprised of water purveyor, resource conservation district. environmental and agricultural, and
other \Valer resources representatives that \Vas originally established in the 1940s to advise the
District Board of Supervisors on water resource issues. The \VRAC is a Brown t\ct con1mit1ee
that meets monthly, with the exception of July and August. Many participants are actively
engaged in issues relevant to Plan development and implementation, and will represent important
stakeholder groups throughout the progran1.
3.4.3 RWMG Working Group (Working Group). The Working Group will involve
representatives from the R\Vj\1G who have technical expertise and are able to work on the details
asso�iated with IR\VM efforts. The \Vorking Group will engage stakeholders at a sub-regional
level in order to better understand the specific \Yater resources needs and priorities of that sub
regi9n.
IR WM Memorandum of Understanding Page 2 of8
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Exhibit A
3.4.4 Implementation Affiliates. These entities will adopt the Plan by resolution, but
\\'ould not be signatories of the MOU. The entities must be either a Local Agency or an IRS
50l(c)(3) nonprofit organization. The Implementation Affiliates have the capacity to carry out
projects (i.e. financial resources, management structure, adequate staffing). In order to have a
planring or implementation project eligible for State IR\Vl\1 grants, agencies must be an
lmpl,ementation Affiliate if they are not a pan of the R WMG.
3.4.5 Interested Stakeholders. 'l'hese individuals, organizations, and nonprofits
(including those that are not IRS 50l(c)(3) nonprofit organizations) who are interested in the
IRWM program. The Interested Stakeholders may sign a letter of support for the Plan, or
otherwise provide input to the R \VlvlG, but v.·ould not be eligible for directly receiving State
IRWM grant funds.
3.5 Sub-regions. The Region's IR WM program seeks to engage stakeholders and
understand the water resources needs of the Region. To adequately ensure this balanced access
and opportunity for participation in the IR \VM program, the R WMG ,viii utilize a sub-regional
geographic structure, allov.·ing more focused planning and local outreach efforts that are later
brou'ght into the context of the overall IR\VM Region. These slib-regions have been deliberately
defilled in tem1s of logical planning and ,vatershed/ hydrogeologic unit boundaries. These "sub
regions" include the North Coast, North County, and South County (see Anachment I).
3.6 Regional Projects or Programs. Projects or programs to be implemented by the
R\VMG and/or Implementation Affiliates are identified in the Plan and are based upon the State's
IR\VM Guidelines under v.·hich the current Plan ,vas adopted, ,vhich includes but is not limited
to: reducing ,vater demand through agricultural and urban ,vater use efficiency, increasing ,vater
supl)lies for any beneficial use, improving operational efficiency and water supply reliability,
improving water quality, improving resource. stewardship, and improving flood management.
3.7 Integration. Assembling into one document the water-related management strategies,
projCcts, programs, and plans of the Region. The development and implementation of the Plan
shou_ld demonstrat e the R \VMG is fanning, coordinating and integrating separate efforts in order
to [Unction as a unified effort in a collaborative n1anner that balances interests and engages a
variCty of stakeholders and seeks to efficiently integrate regional resources. The Plan
deve'Jopment will identify ,vater management strategies for the Region and the priority projects
and programs that demonstrate ho\\' these strategies work together to meet goals identified in
Section 2. It will also identify regional benefits of linkages between projects and plans that
address different primary water-related objectives (for example, identifying regional benefits of
linkages bel\veen a water supply project and a flood management project in the same watershed).
4.IRWM �ROGRAM PARTICIPANTS
4.1 Program Participant Structure. Elements of the Plan will be developed and
in1plemented by the Progran1 Participants. The R \VMG, including the District as the Lead
Agellcy, and the Implementation Affiliates are responsible for Plan development and
implementation.
4.2 Plan Development and Implementation. The Region's Plan that was adopted by the
District, developed in coordination with and approved by stakeholders in 2005, and updated in
2007, will be the basis for subsequent adopted Plans for the Region. The \Vorking Group ,viii
propose changes to the previous versions of the Plan to comply with new State guidelines and
incorporate ne,v infonnation and projects. Since a key element of the IR\VM Program is
integration, the R \VMG will ,vork ,vith Program Participants to identify water management
strategies for the Region and sub-regions and the priority projects that demonstrate how these
strategies "'Ork together to meet the purpose and goals in Section 2. How each Program
IR WM Memorandum of Understanding Page 3 of 8
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Exhibit A
Parti.cipant contributes and participates i!l Plan development and implementation is described
belo�v:
4.2.1 Lead Agency. The District will act as the lead agency for Plan development, will
execute this MOU, and will adopt the Plan in accordance with 4.3 and 4.4 below. The District
will ;ultimately be responsible for the final production of the Region's Plan, hiring consultant(s) to
develop the Plan, and presentations to stakeholders, submittal oflR\VM grant applications, and
exec.ution and administration of grant agreements \Vith the State. As the Lead Agency, the
District \Viii execute and administer agreements with RWMG members and Implementation
t\ffiliates responsible for the implementation of projects that are awarded grants, including data
collection relevant to grant agreements, project reporting, etc. Efforts described in Section 4.2.1
are subject to the availability of funding.
4.2.2 R WMG. Members will execute this MOU and adopt the Plan in accordance with
4.3 and 4.4 below. R\VrvtG members will designate a representative with clear authority to
represent the agency or organization, provide expertise, provide information in a timely manner,
participate in meetings, review and approve technical documents as needed, and \\-'ill provide the
District with their designated representative's contact information. This representative will be
eligible to participate on the Working Group. All RWMG members, whether or not their
repr�sentative is participating in the Working Group, hereby agree to provide information
sufficient to meet State guidelines for their regional projects and programs to be included in the
Plan and participate in the review of the Plan. R \VMG members will consider integrating
projects and programs with other agencies when possible, especially with disadvantaged
cominunities and Native American tribes, in accordance with State IR \VM Guidelines. R \VMG
menibers responsible for the implementation of regional projects and programs a,varded grant
fund_ing will be responsible, through contract with the District, for complying with the provisions
of the District's grant agreement with the State. The RWMG will provide updates to the WRAC
and seek \\'RAC support of recommendations at key decision points.
4.2.3 WRAC. The WRAC will provide a forum for public meetings/ workshops
related to Plan development and implementation at key decision points. The WRAC will revie,v
and comment on the RWMG recommendations to the District's Board of Supervisors at key
decision points.
4.2.4 Working Group. Representatives of the Working Group will be designated by
the R\VMG member and will have clear authority to represent the agency or organization,
provide expertise, provide information in a 1imely manner, participate in meetings, review and
approve technical documents as needed, and will provide the District ,vith their designated
representative's contact information. The District ,,till provide materials V/ith sufficient lead time
for RWMG member and Working Group engagement. The Working Group will develop
information, draft documents and recommendations pertaining to the Plan update consistent with
current State IR\VM Guidelines during Plan development. Efforts are anticipated to include
stakeholder outreach, collection and incorporation of updated data, etc. The Working Group will
develop information and recommendations for IR\VM program planning and implementation,
stakeholder outreach, and pursuit of funding opportunities. All R\VMG members will participate
in t�e process to select the Region's IR\VM projects and programs for grant applications by ,vay
of the \Vorking Group, who will conduct project/program solicitations and evaluations, and will
make recommendations on grant funding allocations. The Working Group will need to conduct
sub-regional public meetings during Plan development and implementation to facilitate
stakeholder participation.
4.2.5 Implementation Affiliates. Implementation Affiliates shall adopt the Plan in
accordance with Section 4.3. Implementation Affiliates will designate a representative with clear
authority to represent the agency or organization, provide expertise, provide information in a
timely manner, participate in meetings, review and approve technical documents as needed, and
williprovide the District with their designated representa1ive's contact information. All
IRWM Memorandum of Understanding Page 4 of8
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Exhibit A
Implementation Affiliates will provide infonnation sufficient to meet State guidelines for their
regional projects and programs to be included in the Plan and participate in the revie\v of the Plan
and for implementation activities, such as project status updates, project reporting, data
collection, etc. Implementation ,\ffiliates will consider integrating projects and programs with
neighboring agencies when possible, especially with disadvantaged comn1unities and Native
American tribes, in accordance with State IRWl\.1 Guidelines. Implementation Affiliates
responsible for the iinplementation of regional projects and programs awarded grant funding will
be responsible, through contract V.'ith the District, for complying \Vith the provisions of the
District's grant agreement with the State.
4.2.6 Interested Stakeholders. Interested Stakeholders may participate in the Plan
deve_lopment and implementation process by way of participation at WRAC and/or RWMG
n1eetings. Interested Stakeholders that are not WRAC members will be notified \\'hen an IR\Vrv1
program item will be revie\ved by the \VRAC if they request inclusion on the IR\VM contact list
(Section 5.6). Sub-regional meetings will be required to ensure Interested Stakeholders,
incl�ding disadvantaged communities, who may not necessarily be able to attend \.\'RAC
meetings, can participate in Plan development and in1plementation.
4.3 IRWM Plan Adoption. Plan approval and adoption will be required of the governing
bodies of RWMG members and Implementation Affiliates. Plan updates to meet new State
guidelines, add new RW�1G Members, add or remove and evaluate regional projects and
programs, or other updates to infonnation do not require Plan re-adoption. Significant changes to
the Plan, including revised goals and objectives, revised methodologies (such as methodology for
evaluating, ranking, and prioritizing projects and programs), revised regional boundaries, or other
changes deemed significant by the R\VMG and the Lead Agency, \Viii require Plan re-adoption
via the decision-making process described in Section 4.5.
4.4 Personnel and Financial H.esources. ltis expected that Program Participants \viii
contribute the resources necessary to fulfill the responsibilities listed within Section 4 of this
MO(). Program Participants that receive implementation grant funding, shall contribute a
propOrtionate share of non-project costs associated \vith the grant agreement, based on a\\.·arded
impl�mentation funding (for example, contributing toward the cost of updating the Plan, should
that be a condition of grant award) ..
4.5 Decision Making. The RWMG shall develop IRWM program materials and will make
recommendations to the Lead Agency at key decision points of the IRWM program. \Vriuen
input will be sought between the representatives of R \VMG members in the event the need for a
decision arises that cannot be brought forth to the RWl\1G before a decision needs to be made.
The District, by way or its Public Works Department, shall notify the RWMG agencies of
recommendations being taken to the District's Board of Supervisors for action. The District's
Board of Supervisors may approve, alter, or return any said recommendation of the R\VMG.
Furthennore, if the District's Board of Supervisors intends to alter an item or proposition
approved by the RWMG, the District's Board of Supervisors shall set forth in \Yriting its findings,
after which the Board will hold a public hearing. The RWMG agencies shall have the right to
app�ar and address the District's Board of Supervisors.
5.MUTUAL UNDERSTANDINGS
5.1 Need for the Region's IRWM Plan
5.1.1 To improve communication and cooperation between public and private agencies
and minimize connict-generated solutions.
5.1.2 To enhance our existing \Vater management efforts by increasing stakeholder
awareness of important issues, providing more opportunities for collaborative efforts and
improving efficiencies in government and water management.
IRWM Memorandum of Understanding Page 5 of 8
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Exhibit A
5.1.3 To qualify for state grants and other funding opportunities only available to those
regions which have developed IR\VM plans.
52 Subject matter scope of the IRWM Plan. The Plan focuses on water supply, water
quality protection and improvement, ecosystem preservation and restoration, groundwater
monitoring and management, and flood management as these are the most prevalent water
reso�rce issues facing the Region.
5.3 Geographical scope of the IR WM Program. The Region for this memorandum is
cotenninous with the boundary of San Luis Obispo County. This is an appropriate geographic
regiqn for integrated regional water management planning because it encompasses all aspects of
wate.r managem ent generally \Vithin the same physical, political, environmental, social, and
econ,omic boundaries. The Region may engage stakeholders within the three sub-regions in order
to better understand the specific water resources needs and priorities of that sub-region, which
,vould then be incorporated into the context of the greater IR \VI\.1 Region planning and
implementation.
The Region is bordered by the Greater Monterey County IR\VM region to the north, the
Santa Barbara County and \Vatersheds Coalition of Ventura County IR\VM regions to the south,
and the Kem County IRWM region to the east.
\Vater resources issues that overlap neighboring regional boundaries are either covered
by existing cooperative water management plans (i.e. Nacitone \Vatershed rvtanagement Plan),
adjudication (i.e. Santa iVlaria Ground\\·ater Basin), and operational agreements (i.e. 1'.'acimiento
Reservoir), or have no defining water resource management issue. All of these items are to be
inclUded in the Region's Plan consistent ,vith the plans of neighboring regions. The R\V/lvlG will
continue to coordinate with neighbo ring regions to address additional water resources issues and
possjble integrated water 1nanagement strategies in our respective IR\VM plans.
5.4 Non-binding nature. This document and participation in the IR \ViVt program efforts are
non�inding, and in no ,vay suggest that a RWMG member or Implementation Affiliate may not
continue its own planning and undertake efforts to secure project funding from any source. An
agen,cy/ organization may ,vithdra,v fron1 participation in accordance ,vith Section 5.7.
5.5 Other on-going regional efforts. Development of the Plan is separate from efforts of
other organizations to develop water-related plans on a regional basis. As the Plan is developed,
work products can be shared \\'ith these separate efforts to provide them with current information.
5.6 Reports and communications. The WRAC, an IRWM contact list, and the District's
\\'ebSite will serve as the forum for updates and correspondence relating to the IR\Vl\.1 program
and Plan development.
5.7 Termination. Because the Plan ,viii require periodic review and updating for use into
the future, it is envisioned that the joint efforts Of those involved Y.'ill be ongoing in maintaining a
living document. Thus this i\.10U will remain as a renection of the understandings of the R \\'MG
Menibers. As indicated, parties to ttiis MOU may tern1inate their involvement at any time, but
must. provide all R \VMG agencies with 30 days' advance notice of intent to terminate.
5.8 Superseded Prior MOU. This MOU super sedes the MOU dated April 21, 2009 (2009
MOU).
5.9 Counterparts. This MOU may be executed in counterparts and has the same force and
effeCt as if all the signatures were obtained in one document.
IRWM Memorandum of Understanding Page 6 of8
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6.SIGNATORIES TO THE MEMORANDUi\I OF UNDERSTANDING
Exhibit A
\Ve, the undersigned representatives of our respective agencies or organizations, acknowledge the above as our understanding of how the San Luis Integrated Regional Water Management Plan will' be developed.
--1�--F-IF--'--''----iVl'----�-----'----,����--J'-�'----signature
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_____ 1_1 _,_J_#_f=----,.-/���O�/�:l.-------dateI I
J.CHRISTINE DIETRICK
City Attorney
IRWM Memorandum of Understanding Page 7 of8
~VEDQORM:-
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Resolution No. 10553 (2014 Series)
Page 11
Exhibit B
Memorandum of Understanding Signatories for
San Luis Obispo County Region IR\VM Participants
Agency or Organization
San Luis Obispo County
San Luis Obispo County Flood Control and Water Conservation District
California Men's Colony
Cambria Community Services District
Central Coast Salmon Enhancement
City of Arroyo Grande
City of Grover Beach
City of Morro Bay
City of Paso Robles
City of Pismo Beach
City of San Luis Obispo
Coastal San Luis Resource Conservation District
Heritage Ranch Community Services District
Land Conservancy
Los Osos Community Services District
Morro Bay National Estuary Program
Nipomo Community Services District
Oceano Community Services District
Templeton Community Services District
San Miguel Community Services District
San Simeon Community Services District
S&T Mutual Water Company
Upper Salinas -Las Tablas Resource Conservation District
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blank.
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Department Name: Police
Cost Center: 8001
For Agenda of: September 15, 2020
Placement: Consent
Estimated Time: N/A
FROM: Deanna Cantrell, Chief of Police
Prepared By: Melissa Ellsworth, Senior Administrative Analyst
SUBJECT: FY 2020 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT
APPLICATION
RECOMMENDATION
1. Authorize staff to submit an application for the 2020 Edward Byrne Memorial Justice
Assistance Grant in the amount of $11,761.
2. If the grant is awarded, authorize the City Manager to execute necessary grant documents and
direct the appropriation of monies into the accounts required to administer the grant.
DISCUSSION
The U.S. Department of Justice Edward Byrne Memorial Justice Assistance Grant (JAG)
Program is the primary provider of federal criminal justice funding to the State and local
jurisdictions. JAG funds may be used to fund technical assistance, training, personnel,
equipment, supplies, contractual support, and criminal justice information systems.
The JAG Program is a non-competitive formula grant and the funding allocation is based on the
population and crime rate of the local jurisdiction. The amount available to the City of San Luis
Obispo for 2020 is $11,761. JAG Program funds must be used to supplement existing local funds
for program activities and cannot replace or supplant funds that have been appropriated for the
same purpose.
The grant application was due on August 19, 2020. Due to timing constraints, staff has already
submitted the grant application; however, if Council requests that the application be retracted
staff will contact the granting agency.
Proposed Use of Grant Funds
The San Luis Obispo Police Department is requesting grant funds to purchase items for facility
repair and office and training equipment.
Item #8
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Policy Context
The recommended actions are consistent with the City of San Luis Obispo’s Financial Management
Manual, Section 740 - Grant Management Policy. The policy states that Council will approve all
grant applications in excess of $5,000 and delegates receipt and contract execution to the City
Manager.
Public Engagement
This item is on the agenda for the September 15, 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.
CONCURRENCES
The Director of the Finance and Information Technology Department concurs 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 Section 15378.
FISCAL IMPACT
Budgeted: No Budget Year: 2020-21
Funding Identified: Partial
Fiscal Analysis:
Funding Sources Current FY
Cost
Annualized
On-going Cost
Total Project
Cost
General Fund (estimated from
Police budget FY 20-21)
$1,000
State
Federal (JAG Grant award) $11,761
Other:
Total $12,761
City matching funds are not required for this grant. The City may draw down any or all JAG funds
after acceptance of the award. To do so, a trust fund must be established in order to maintain the
funds separate from the General Fund.
Some funding from the Police Department’s budget (as shown in the chart above) will be needed
to help bridge the gap between project costs and the grant award.
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ALTERNATIVES
1.Modify the staff recommendation. Council may direct staff to apply for the JAG funds for a
different purpose, as long as the use is consistent with the purpose areas described in this report.
2.Do not submit a grant application. Council may direct staff to not submit a grant application.
The alternative is not recommended. The JAG Program is non-competitive and the funds have
already been allocated to our City upon application, as long as the use is consistent with the
purpose areas described in this report.
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blank.
Department Name: Community Development
Cost Center: 4003
For Agenda of: September 15, 2020
Placement: Public Hearing
Estimated Time: 90 minutes
FROM: Michael Codron, Community Development Director
Prepared By: Shawna Scott, Senior Planner
Emily Creel, Contract Planner
SUBJECT: A PUBLIC HEARING TO CONSIDER THE FROOM RANCH PROJECT
ENTITLEMENTS, CERTIFICATION OF THE FINAL ENVIRONMENTAL
IMPACT REPORT, AND INTRODUCTION AN ORDINANCE AMENDING
THE CITY’S ZONING MAP UPON ANNEXATION OF PROPERTIES
WITHIN THE FROOM RANCH SPECIFIC PLAN AREA
RECOMMENDATION
1. As recommended by the Planning Commission, adopt a Resolution (Attachment A), taking
the following actions to approve the Froom Ranch Project:
a. Certify the Final Environmental Impact Report (Final EIR), adopt appropriate California
Environmental Quality Act (CEQA) Findings and Statement of Overriding
Considerations (Attachment B, Exhibit A to Resolution), and adopt a Mitigation
Monitoring and Reporting Plan (Attachment C, Exhibit B to Resolution); and
b. Approve the Froom Ranch Specific Plan and related project entitlements, including a
General Plan Amendment, pre-zoning, and Vesting Tentative Tract Map No. 3106; and
c. Initiate annexation of the project site by authorizing staff to submit an application for
annexation of the project site to the Local Agency Formation Commission (LAFCO).
2. Introduce an Ordinance establishing pre-zoning and amendment of the City’s Zoning Map to
apply upon annexation of properties within the Froom Ranch Specific Plan Area (Attachment
D and Attachment E, Exhibit A to Ordinance).
REPORT-IN-BRIEF
The Froom Ranch Specific Plan project is proposed by John Madonna of JM Development
Group, Inc. to enable the development and open space preservation of the 109.7-acre site
(Attachment F, Draft Froom Ranch Specific Plan and Attachment G, Vesting Tentative Tract
Map). The project proposes primarily residential development within the Specific Plan area,
including a Life Plan Community known as Villaggio as a major component. There are five
major entitlements being sought:
1. Froom Ranch Specific Plan
2. General Plan Amendment
3. Pre-Zoning
4. Vesting Tentative Tract Map
5. Annexation
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A Final EIR has been prepared for the project and is available on the City’s website:
https://www.slocity.org/Home/ShowDocument?id=27520
The project has been presented before various City advisory bodies dating back to 2016. The
City Council’s role is to review and consider approval of the Froom Ranch Specific Plan and
related entitlements, based on project-related input received from the Planning Commission,
other City advisory bodies, and the Airport Land Use Commission (ALUC) and public
correspondence. As a necessary step related to possible project approval, the City Council must
certify the Final EIR for the project, adopt the CEQA Findings, including a Statement of
Overriding Considerations for impacts determined to be significant and unavoidable (Attachment
B, Exhibit A to Resolution). If the Council certifies the Final EIR and approves the project, staff
will prepare an application to LAFCO to initiate the annexation process.
Based on the analysis in the Final EIR, the project will result in the following significant and
unavoidable impacts:
• Aesthetic and Visual Resources: impacts to visual character, particularly as viewed from
the Irish Hills Natural Reserve trail system and cumulative visual impact
• Air Quality and Greenhouse Gas Emissions: exceedance of San Luis Obispo County Air
Pollution Control District (SLOAPCD) operational thresholds, greenhouse gas emissions,
inconsistency with the 2001 Clean Air Plan
• Biological Resources: cumulative impacts from conversion of agricultural and open lands
to developed urban uses, resulting in losses of open space and habitats supporting
sensitive and/or special-status species, and loss of wildlife corridors
• Cultural and Tribal Cultural Resources: loss of three contributing structures to the Froom
Ranch Dairy historic district
• Hazards, Hazardous Materials, and Wildfire: exacerbation of wildfire risks by developing
adjacent to a Very High Fire Hazard Severity Zone
• Land Use and Planning: potential inconsistency with City plans and policies regarding
protection of aesthetic and scenic quality, cultural resources, and wildfire hazards
• Transportation and Traffic: exacerbation of queuing and peak hour traffic for automobiles
and poor levels of service for pedestrians and bicycle modes under Existing plus Project
conditions and exacerbation of queuing and peak hour traffic for automobiles and poor
levels of service for pedestrians and bicycle modes under Near-Term plus Project
conditions
The MMRP attached to the Draft Resolution (Attachment C, Exhibit B to Resolution)
summarizes the project’s significant and less than significant impacts and mitigation measures.
The Final EIR notes that Alternative 1 (Actionable Alternative) is the Environmentally Superior
Alternative. The 2020 Draft Specific Plan proposes a reduced project alternative that, like
Alternative 1, would substantially reduce potential environmental impacts in comparison to the
originally proposed project. The 2020 Draft Specific Plan’s incorporation of identified mitigation
measures would further reduce potential environmental impacts in comparison to Alternative 1.
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The limited development proposed above 150 feet under the 2020 Draft Specific Plan is less than
that proposed in the originally proposed project and includes uses (the public trailhead park) that
the Draft EIR determined would avoid and reduce environmental impacts when compared to the
original project. The 2020 Draft Specific Plan, although a slight variation of Alternative 1, was
adequately analyzed in the EIR (covered by the analysis of the originally proposed project and
Alternative 1), and would not result in new or more severe impacts not previously analyzed in
the Draft EIR; therefore, additional evaluation is not necessary to meet the requirements of
CEQA.
On August 12, 2020, the Planning Commission reviewed the Final EIR, proposed project, and
CEQA Findings and Statement of Overriding Considerations, and recommended that the City
Council certify the Final EIR, adopt the recommended CEQA Findings and Statement of
Overriding Considerations, and approve the project. The Planning Commission discussed th e
limited development above the 150-foot elevation line (within the active quarry and construction
storage area near Home Depot), and determined that construction of a public park and
approximately 0.7 acre of residential development would be appropriate due to the dynamic
nature of the physical elevation as a result of mining activity, limited visibility of the area as seen
from public roads, and the provision of additional multi-family housing potential. No portion of
Villaggio would be located above the 150-foot elevation, and the entire Upper Terrace would be
zoned Conservation/Open Space. The Planning Commission provided the following direction
for modifications to the Specific Plan, all of which are incorporated into the revised 2020
Specific Plan for the Council’s Consideration:
1. Include at least one area for active recreation in the Madonna Froom Ranch portion of the
project; and
2. Include an interconnected network of pedestrian paths in the Villaggio area that connect
to the public sidewalks and Froom Ranch trail; and
3. Provide additional design guidance for multi-family housing above the 150-foot elevation
line to be sensitive to historic resources in the area, with a farmhouse vernacular
architectural style.
The Planning Commission also recommended that staff present the City Council with options for
a dedicated bikeway on one or both sides of Local Road A from the roundabout to the trailhead
park. Staff has worked with the applicant and identified two options and a recommended
condition of approval for the Council’s consideration.
The August 12, 2020 Planning Commission Agenda Report includes a comprehensive
description and analysis of the Froom Ranch Specific Plan project (refer to Attachment H,
Council Reading File). This Council Agenda Report provides an overview of the project,
references the Planning Commission Agenda Report where appliable, and presents key issues for
the Council’s consideration based on direction received from the Planning Commission and
received public correspondence.
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DISCUSSION
Background
Project Description Summary
John Madonna of JM Development Group, Inc. has proposed a project that includes several
entitlements that would allow development of approximately 43.5 acres of the 109.7-acre project
site. Requested entitlements include a Specific Plan (Attachment F), General Plan Amendment,
pre-zoning, Vesting Tentative Tract Map No. 3106 (Attachment G), and annexation. The Froom
Ranch Specific Plan proposes a mix of land uses, including up to 404 units of independent and
assisted senior housing in a Life Plan Community (LPC) known as Villaggio, up to 174 multi-
family residential units, up to 100,000 square feet of retail-commercial uses (including
potentially a 70,000-square foot hotel), open space (60% of the project site), and a public
trailhead park (see Figures 1 and 2, Zoning/Land Use Map and Conceptual Site Plan). The
project was reviewed by the Planning Commission on August 12, 2020 and the Planning
Commission Agenda Report is included at Attachment D to this report (refer to Council Reading
File). The project is described in detail in Section 3, packet pages 13-22, of the Planning
Commission Agenda Report (Attachment H).
The project includes a request for a General Plan Amendment to allow limited development1
above the 150-foot elevation, and in particular, seeks to amend Policy 6.4.7(H) of the Land Use
Element (LUE), which states that the Irish Hills area “should secure permanent open space with
no building sites above the 150-foot elevation, in conjunction with any subdivision or
development of the lower areas.” This amendment would only allow for residential development
above the identified 150-foot elevation within the northwest corner of the Specific Plan area near
Home Depot, within an area currently used as an active permitted quarry and construction
storage area. The proposed General Plan Amendment would also amend Chapter 8 of the LUE,
Special Focus Areas, to allow an increase in the identified maximum number of residential units
within the Specific Plan area. The proposed General Plan Amendment is described in detail in
Section 3.10, packet pages 20-22, of the Planning Commission Agenda Report (Attachment H).
A detailed analysis of the proposed development above the 150-foot elevation is provided in
Section 5.2, packet pages 35-37, of the Planning Commission Agenda Report (Attachment H).
1 Limited development includes approximately: R-3 (0.7 acre); PF (3.6 acres); and roadway (0.4 acre)
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Figure 2. Conceptual Site Plan
The project proposes to realign approximately 2,145 linear feet (0.41 mile) of Froom Creek
within the Specific Plan area. The project also proposes to relocate, rehabilitate/reconstruct, and
adaptively reuse four historic structures within the Froom Ranch Dairy Complex to the new
public trailhead park, including the Main Residence, Creamery/House, Dairy (Round-Nose)
Barn, and Granary. The proposed creek realignment is described in detail in Section 5.2, packet
pages 37-39, of the Planning Commission Agenda Report (Attachment H). The public trailhead
park and relocation of historic structures is described in Section 3.6, packet pages 16-18, of the
Planning Commission Agenda Report.
Key Project Issues
An analysis of key issues identified through preparation of the EIR and through public review
and comment on the Draft EIR are discussed in detail in Section 5.2, packet pages 35-43, of the
Planning Commission Agenda Report. In addition, the following additional issues were raised in
agenda correspondence for the August 12, 2020 Planning Commission hearing.
Lot 1 and Amendment of the Agricultural Conservation Easement
Agenda correspondence from the California Native Plant Society (CNPS) asserted that City open
space policies and programs clearly state that open space lands requiring special attention (such
as those above the 150-foot elevation) should be protected in City ownership (See General Plan
Open Space Element, Appendix B, Paragraphs 3A, B, E, and G; 4B, C, and D; and 5D). CNPS
asserted that, to provide further protection, a conservation easement held by a qualified
organization other than the City, which restricts permissible uses to those supportive of open
space and wildlife habitat (such as is already the case on the adjacent Irish Hills Natural Reserve)
should also be placed on this Lot 1 and that this permanent protection would help justify the
proposed amendment to the existing onsite Open Space and Agricultural Conservation
Agreement (Attachment I).
Figure 1. Zoning/Land Use Map
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The project currently proposes to pre-zone, and ultimately zone this lot as Conservation/Open
Space, and the Vesting Tentative Tract Map conditions of approval include the following (COA
#36):
36. Separate Open Space and Creek or Biological Easement Agreement(s) shall be
recorded in conjunction with the final map recordation. The easement agreement(s) shall
be developed by the applicant in a format provided by the City.
At this time, the lot is not proposed to be added to the Irish Hills Natural Reserve; however, this
action would not preclude its addition from consideration in the future. Likely considerations
would include an assessment of the City’s ability to obtain and maintain the additional property,
in addition to further conversations and negotiations with the current property owner, John
Madonna and anticipated future owner, Villaggio. Regarding the suggestion for a conservation
easement held by a qualified organization other than the City, this option is not a requirement of
Specific Plan adoption or annexation; however, this action would also not be precluded from
consideration in the future and would require identification of an eligible easement holder and
satisfaction of any requirements that organization may have.
Based on conversations with the applicant team, they are favorably inclined towards dedicating
the land to the City or recording an open space easement over Lot 1 (pursuant to COA #36,
shown above), pending their cultivation of investors upon entitlements. As the City cannot make
dedication of the land to the City a quid pro quo for project approval, staff advises that the
appropriate approach to this issue is to comply with COA #36 and continue assessments and
conversations with the applicant team regarding future dedication following City Council
consideration and annexation proceedings (if the Council moves to approve the project).
As recognized by CNPS, the project sponsors are offering a number of public benefits with the
project, including designation of substantial open space in the sensitive Upper Terrace,
restoration of four historic structures, development of a public trailhead park, amendment and
enlargement of an onsite agricultural conservation easement, and development of a re-established
Froom Creek corridor. CNPS recommended that the Planning Commission make findings
recognizing the public benefit, including through provision of the permanent protection of Lot 1,
part of their final recommendation to City Council. The Planning Commission did not direct staff
to include any additional findings for Council’s consideration. Staff is prepared to incorporate
additional findings into the Resolution if directed by Council.
Development Above the 150-foot Elevation
In its agenda correspondence, CNPS acknowledged the applicant’s effort to redesign the project
to relocate the historic Froom Ranch Dairy Complex buildings into a rural setting as opposed to
the busy, urban setting originally proposed and stated that it withdraws its previous opposition to
the minor amount of private development currently proposed at that location, which will be at or
above the 150 foot elevation line. However, CNPS recommended that the Planning Commission
base the approval of the General Plan Amendment related to development above the 150-foot
elevation on the following findings:
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1. The storage or former quarry area has been so used for many years, with numerous
changes in elevation and ground materials due to quarrying activities and use of the site
for equipment and materials storage; and
2. This use over the years has resulted in the site having very limited habitat value; and
3. Re-grading and proper soil compaction of the site, relocating the historic Froom Ranch
buildings, developing a trailhead park which also serves neighborhood needs, addressing
the need for significant landscaping and habitat enhancement, and other efforts, creates a
particular burden on this portion of the Froom Ranch Specific Plan.
Again, the Planning Commission did not direct staff to include any additional findings for
Council’s consideration; however, staff will be prepared to incorporate additional findings into
the Resolution if directed by Council.
Previous Council or Advisory Body Action
Planning Commission. On August 12, 2020, the Planning Commission reviewed the project and,
with a vote of 6-0-1, recommended certification of the Final EIR, adoption of associated CEQA
Findings and Statement of Overriding Considerations, and approval of the Froom Ranch Specific
Plan, General Plan Amendment, pre-zoning, Vesting Tentative Tract Map, and initiation of the
annexation process. The motion included direction to modify the Specific Plan as described
below. The summary below identifies how these directional items have been addressed and
incorporated into the project.
1. Include at least one area for active recreation in the Madonna Froom Ranch portion of the
project.
Applicant Response. The trailhead park concept reflected as Figure 3-9 on page 3-19 of
the Specific Plan (Attachment F) has been revised to incorporate an approximately 60-
foot by 120-foot active play area.
2. Include an interconnected network of pedestrian paths in the Villaggio area that connect
to the public sidewalks and Froom Ranch trail.
Applicant Response. The Specific Plan was revised to add Policy 5.5.3 and Programs
5.5.3a and 5.5.3b to Section 5.5.3, Private Trails, as follows:
The Life Plan Community includes a system of private trails for the use of its residents
and visitors. The trails would be privately maintained and promote healthy lifestyles for
residents.
Private Trail Policies & Programs:
Policy 5.5.3: A private trail system consistent with Figure 5-11 shall be implemented
within the Life Plan Community area.
Program5.5.3a: Sidewalks within the Life Plan Community shall provide connectivity
and safe places for residents to walk.
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Program 5.53b: Access linkages to trails beyond the Life Plan Community shall be
provided, which would be controlled by coded gates in fencing. These
include: the project’s public trail system along Froom Creek, and the
City open space trails beyond the development. See additional
discussion in Section 3.4.3 and a fencing guideline in Section 4.4.4.
The secondary access road off Los Osos Valley Road will be controlled
by bollards or gates allowing emergency vehicles to enter the site but
restrict passenger vehicles from entering. This road provides an
additional access point for pedestrians and bicyclists.
3. Provide additional design guidance for multi-family housing above the 150-foot elevation
line to be sensitive to historic resources in the area, with a farmhouse vernacular
architectural style.
Applicant Response. The Specific Plan was revised to add Design Guideline 3 to Section
4.3.1, Architectural Styles, as follows:
Consistent with Mitigation Measure CR-13, development plans for the new multi-family
residential development on the south side of the Trailhead Park containing the relocated
historic structures, and west of the point where the secondary access road intersects Local
Road A, shall be subject to the additional design guidelines:
a. New construction shall be compatible with the historic structures through selected
exterior materials and design features, as well as their scale, proportion, and massing.
b. A more traditional architectural style shall be utilized such as Farmhouse vernacular.
c. Roof styles, window details, trim features, and exterior materials shall be consistent
with the selected traditional architectural style.
4. Incorporate all other changes outlined by staff.
Applicant Response. Minor clarifications and corrections identified and recommended by
staff during the Planning Commission hearing are described in a memorandum included
with this report in Attachment F and have been incorporated into the Specific Plan.
5. Present the City Council options for a dedicated bikeway on one or both sides of Local
Road A from the roundabout to the trailhead park.
Staff and Applicant Response. City staff has consulted with the applicant team to identify
two viable options for providing a dedicated bicycle connection along Local Road A.
These two options include: Option 1, Standard Class II Bike Lanes without Parkway
(Figure 3) and Option 2, Advisory Bike Lanes with Parkway (Figure 4). Local Road A, as
originally presented in the Specific Plan, is shown in Figure 5 for comparison. Option 1
includes two ten-foot wide vehicle travel lanes, and a six-foot Class II bike lane and six-
foot wide sidewalks on each side of the roadway; this option does not include a parkway
(Figure 3). Option 2 includes a 16-foot side shared vehicular lane, and a five-foot wide
bike lane, four-foot vegetated buffer, and five-foot sidewalk on each side of the roadway
(Figure 4). The Specific Plan originally identified two 12-foot vehicle lanes and a five-
foot parkway and five-foot sidewalk on each side of the roadway (Figure 5).
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Either option presented above would address direction from the Planning Commission
and would provide dedicated bicycle facilities within the roadway between the
roundabout and the public park. Bicyclists would use the protected bike lane on
Commercial Collector A (extending from Los Osos Valley Road) and proceed to the bike
lane on Local Road A. To allow for further refinement of the improvements based on
Council direction, Staff presents Condition of Approval #93 for consideration:
93. With development of the on-site public improvement plans and prior
to recordation of the Final Map, the Project Applicant shall provide a
dedicated bicycle connection along Local Road A from the on-site
roundabout west to the trailhead park to the satisfaction of the Public
Works Director. This new bicycle connection shall be constructed prior to
issuance of occupancy permits for Phase 3 development of the Specific
Plan (Madonna Froom).
Figure 3. Local Road A Option 1,
Standard Class II Bike Lanes w/out Parkway
Figure 4, Local Road A Option 2,
Advisory Bike Lanes with Parkway
Figure 5, Local Road A,
Original Lane Configuration, No Bike Lane
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Advisory Body Review. The project has undergone multiple additional advisory body reviews,
including two early pre-application reviews in 2016; three conceptual reviews in 2017 and 2018;
five advisory body reviews during circulation of the Draft EIR in 2019; review by the Airport
Land Use Commission in July 2020; and review by the Cultural Heritage Committee in July
2020. A detailed discussion of these reviews is provided in Section 2.0, packet pages 9 -13, of the
Planning Commission Agenda Report (Attachment H).
City Council. The City Council authorized initiation of the Specific Plan on April 5, 2016. The
Council generally supported the concept to reduce the amount of commercial development
within the Specific Plan area and increase residential uses, including through the development of
a LPC within the City. As part of its initiation of the Specific Plan, however, the City Council
required that the project applicant also develop a feasible “actionable alternative” that locates all
development below the 150-foot elevation.
Additional project background, including revisions to the Specific Plan made throughout the
planning process and in response to Council’s previous direction to evaluate an “actionable
alternative”, are described in detail in Section 2, packet pages 9-13, of the Planning Commission
Agenda Report (Attachment H).
Policy Context
In 2014, the adopted Land Use and Circulation Element (LUCE) Update identified three new
Specific Plan and City expansion areas, San Luis Ranch (Special Focus Area [SP]-2), Madonna
on LOVR (SP-3, also known as Froom Ranch), and Avila Ranch (SP-4, located within the
Airport Area Specific Plan). Since 2014, the San Luis Ranch Specific Plan and Avila Ranch
Development Plan were approved and are in the process of development. The third and final
expansion area, Froom Ranch, is located within the City’s Sphere of Influence (SOI), is planned
for growth under Land Use Element SP-3, and would be annexed to the City consistent with the
General Plan, adopted policy, and LAFCO review.
Along with the Final EIR and other entitlements, the City Council’s consideration includes
adoption of a resolution to initiate annexation of the Froom Ranch Specific Plan property to the
City. Following City Council action on project entitlements including adoption of the Specific
Plan and certification of the Final EIR, the project will be submitted to LAFCO for the formal
annexation review process. LAFCO works with the City and County of San Luis Obispo to
negotiate tax sharing and to ensure that a proper plan of services is in place to guide orderly
development of the annexed property. Both the City limits and Urban Reserve Line (URL)
would be amended upon annexation.
The project is based on policy direction included in the General Plan, specifically Land Use
Element Policy 8.1.5, which identifies the Froom Ranch Specific Plan area as SP -3, subject to
policies for the development of a specific plan and certain broad development parameters and
principles. The entire policy is included within Section 5.1, packet page 26, of the Planning
Commission Agenda Report (Attachment H).
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The EIR identified potential inconsistency with 25 City General Plan policies. A detailed
analysis of the project’s consistency with these policies is included in Section 5.1, packet pages
26-34, of the Planning Commission Agenda Report (Attachment H). In its August 12, 2020
Resolution, the Planning Commission found that the Froom Ranch project was consistent with
the City’s General Plan and related policies and standards.
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 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. The City
maintained an Interested Parties list and provided direct notification of project hearings to
individuals on the list. Notices of availability of the Draft EIR and Final EIR were sent to
Interested Parties and Responsible Agencies. A postcard notification of the August 12, 2020
Planning Commission hearing and the City Council hearing was provided to every person,
organization, and agency who provided comments on the Draft EIR.
CONCURRENCE
The City’s review of the Froom Ranch Specific Plan has involved all City departments involved
in the development review process. Conditions of approval have been identified and mitigation
measures will be implemented to ensure that the project is carried out in a manner that is
consistent with City standards. In addition to further consultation with the City Public Works
Transportation Division regarding potential options for additional bicycle facilities within the
Specific Plan area, key issues evaluated by Engineering, Utilities, Fire and Transportation are
summarized on Planning Commission packet page 44. The Airport Land Use Commission
reviewed the project in July 2020 and determined that the project is consistent with the Airport
Land Use Plan.
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 applicant directly or
indirectly through fees and is therefore consistent with the guidance of the City’s Fiscal Health
Contingency Plan.
ENVIRONMENTAL REVIEW
A Draft EIR was prepared for the project and distributed for public review from November 8,
2019 to December 23, 2019. The City received written comments on the Draft EIR from four
state agencies, four local agencies, eight organizations, and ten individuals. In addition, a total of
20 oral testimonies were received from individuals during the Planning Commission and
advisory body hearings in November/December 2019. The Final EIR is a compilation of the
Draft EIR, responses to comments to the Draft EIR, and any changes made as a result of those
comments.
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Based on the analysis in the Final EIR, the project will result in significant and unavoidable
impacts to the following resources: Aesthetics and Visual Resources; Air Quality and
Greenhouse Gas Emissions; Biological Resources; Cultural and Tribal Cultural Resources;
Hazards, Hazardous Materials, and Wildfire; Land Use and Planning; and Transportation and
Traffic. An analysis of key issues identified through the EIR process and public review and
comment are discussed in detail in Section 5.2, packet pages 35-43, of the Planning Commission
Agenda Report (Attachment H).
The Final EIR is available for review on the City’s website:
https://www.slocity.org/Home/ShowDocument?id=27520
The City has prepared a draft set of CEQA Findings, a draft Statement of Overriding
Considerations, and a draft Mitigation, Monitoring, and Reporting Program (MMRP), all of
which are included as exhibits to the Draft Resolution (Attachments A, B, and C, respectively).
The Final EIR must be certified, and the CEQA Findings and Statement of Overriding
Considerations must be adopted, before or concurrent with an action to approve the proposed
project entitlements.
The environmental review process is described in further detail in Section 4.0, packet pages 23 -
25, of the Planning Commission Agenda Report (Attachment H).
FISCAL IMPACT
Budgeted: No Budget Year: N/A
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 N/A
The applicant provided funds for the use of consultant support, including the management,
evaluation, and processing of the Froom Ranch Specific Plan project and preparation of the
associated EIR, Findings, and Statement of Overriding Considerations. Entitlement fees for the
processing of the Vesting Tentative Tract Map were received by the applicant, consistent with
the City’s adopted fee schedule.
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In addition, the proposed land uses are mostly consistent with the land uses identified in the Land
Use Element of the City’s General Plan. When the General Plan was adopted, a fiscal analysis
was prepared that concluded that the City’s land use plans are fiscally balanced, meaning that on
balance the costs of development will be offset by revenue from sales tax, property tax, transient
occupancy tax, and other revenues generated by the project. As a result, the approval of the
Froom Ranch Specific Plan is expected to have neutral fiscal impact on the City’s General Fund.
ALTERNATIVES
1. Continue consideration of the application to a future date. The Council may continue its
review of the project to a date certain hearing if additional time or 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. Direction on changes should be specific
and preferably within the scope of the environmental document prepared for the project.
Changes beyond the scope of the EIR prepared for the project would require additional
environmental review and delay the project entitlement process.
2. Deny the project. The Council may deny the project, based on findings of inconsistency with
California State Law, the City’s General Plan, Zoning Regulations, and other applicable City
regulations.
Attachments:
a - Draft Resolution
b - COUNCIL READING FILE - Exhibit A to the Resolution - Findings of Fact and
Statement of Overriding Considerations
c - COUNCIL READING FILE - Exhibit B to the Resolution - Mitigation Monitoring and
Reporting Program
d - Draft Ordinance
e - Exhibit A to the Ordinance
f - COUNCIL READING FILE - Draft Froom Ranch Specific Plan
g - COUNCIL READING FILE - Vesting Tentative Tract Map 3106
h - COUNCIL READING FILE - PC Minutes, Correspondence, Agenda Report
i - COUNCIL READING FILE - 2010 Ag and Open Space Easement
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RESOLUTION NO. ________ (2020 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, CERTIFYING THE FINAL ENVIRONMENTAL
IMPACT REPORT (EIR) FOR THE FROOM RANCH SPECIFIC PLAN
PROJECT, ADOPTING ASSOCIATED FINDINGS AND STATEMENT OF
OVERRIDING CONSIDERATIONS, AND APPROVING THE FROOM
RANCH SPECIFIC PLAN, GENERAL PLAN AMENDMENT, PRE-
ZONING, VESTING TENTATIVE TRACT MAP #3106, AND INITIATION
OF THE ANNEXATION PROCESS (SPEC-0143-2017, SBDV-0955-2017,
GENP-0737-2019, ANNX-0335-2020, EID-0738-2019; SPECIFIC PLAN
AREA 3; 12165 AND 12393 LOS OSOS VALLEY ROAD)
WHEREAS, on August 12, 2020, the Planning Commission of the City of San Luis Obispo
recommended the City Council 1) certify the Final EIR for the Froom Ranch Specific Plan project
and adopt the CEQA Findings and Statement of Overriding Considerations; and 2) approve the
Froom Ranch project, including all related entitlements, consisting of the Froom Ranch Specific
Plan, General Plan Amendment, pre-zoning the site in anticipation of annexation, Vesting
Tentative Tract Map #3106; and 3) initiate an annexation application to the San Luis Obispo Local
Agency Formation Commission (LAFCO); and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing
on September 15, 2020 via a virtual, online, meeting platform, for the purpose of considering
SPEC-0143-2017, SBDV-0955-2017, GENP-0737-2019, ANNX-0335-2020, and EID-0738-
2019, which include entitlements consistent with the Planning Commission recommendation of
August 12, 2020, including a Specific Plan that would allow up to 578 residential units, up to
100,000 square feet of commercial/retail, a 3.6-acre public trailhead park, and 66.2 acres of open
space on a 109.7-acre site; and
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law; and
WHEREAS, the City Council has duly considered all evidence, including the testimony
of the applicant, interested parties, and the evaluation and recommendations by staff, presented at
said hearing.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
to certify the Final Environmental Impact Report (EIR), and approve the Froom Ranch Specific
Plan, General Plan Amendment/Pre-zoning, and Vesting Tentative Tract Map (“Froom Ranch
Specific Plan Project”), and upon project approval, initiate the annexation process. This resolution
is based on the following California Environmental Quality Act (CEQA) findings, mitigation
measures, and map conditions, with associated annexation findings:
SECTION 1. CEQA Findings, Mitigation Measures and Mitigation Monitoring Program.
Based upon all the evidence, the City Council makes the following CEQA findings in support of
the Froom Ranch Specific Plan project.
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1. The Froom Ranch Specific Plan Final Environmental Impact Report (Final EIR) was
prepared in accordance with the California Environmental Quality Act (CEQA) and the State
CEQA Guidelines, adequately addressing impacts associated with the project.
2. The project is a slight variation of Final EIR Alternative 1, and was adequately analyzed in
the Final EIR, which includes a comprehensive analysis of the originally-proposed project
(which included development above the 150-foot elevation line, including residential
development in the northwestern corner of the project site) and Alternative 1 (which included
development of a public park and incorporation of relocated, restored, and rehabilitated
historic structures in the northwestern corner of the project site). In Residents Against
Specific Plan 380 v. County of Riverside (9 Cal.App.5th 941), the California Court of
Appeals (Fourth Appellate District – Division Two) held that changes to the allocation and
arrangement of uses within a specific plan area that don’t change the kinds of uses permitted,
or the overall extent or density of the proposed development, or the project footprint, did not
require revision and recirculation of the EIR when substantial evidence was provided that
the changes would not result in any new or more severe environmental impacts that were not
previously identified in the EIR. The project is a reduced project alternative that, like
Alternative 1, would substantially reduce potential environmental impacts in comparison to
the originally proposed project. The project’s incorporation of identified mitigation measures
would further reduce potential environmental impacts in comparison to Alternative 1. The
limited development proposed above 150 feet is less than that proposed in the originally
proposed project and includes uses (the public trailhead park) that the EIR determined would
avoid and reduce environmental impacts when compared to the original project. In addition,
as presented in the CEQA Findings of Fact and Statement of Overriding Considerations
(Exhibit A) and Mitigation and Monitoring Program (Exhibit B), identified mitigation
measures have been modified in order to be specifically appliable to the proposed project
and its effects on the environment. Based on substantial evidence in the Final EIR and
“Findings of Fact and Statement of Overriding Considerations”, the modified measures are
equal or more effective because they apply to the proposed project. These measures have
been available for public review through a public hearing process. Therefore, the project
would not result in new or more severe impacts not previously analyzed in the EIR and
additional evaluation is not necessary to meet the requirements of CEQA.
3. The proposed project is consistent with the requirements of the Froom Ranch Specific Plan
Final EIR as proposed based on the CEQA Findings and Statement of Overriding
Considerations, attached hereto as Exhibit A, and prepared consistent with CEQA Guidelines
Sections 15091 and 15093, and this approval incorporates those Final EIR mitigation
measures as applicable to Vesting Tentative Map #3106, as detailed below, and described
more fully in the attached CEQA Findings of Fact and Statement of Overriding
Considerations (Exhibit A) and Mitigation, Monitoring, and Reporting Program (Exhibit B).
4. All potentially significant effects were analyzed adequately in the referenced Final EIR, and
reduced to the extent feasible, provided identified mitigation measures are incorporated into
the project and the mitigation monitoring program (refer to Exhibit B, Mitigation Monitoring
and Reporting Program).
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SECTION 2. Specific Plan, General Plan Amendment/Pre-zoning, and Vesting Tentative
Tract Map Approval with Findings and Conditions. The City Council does hereby certify the
Froom Ranch Specific Plan Final EIR and approve the project, inclusive of applications SPEC-
0143-2017, SBDV-0955-2017, GENP-0737-2019, EID-0738-2019, a Specific Plan, General Plan
Amendment/Pre-zoning, Vesting Tentative Tract Map, and Final EIR, based on the following
findings, and subject to the following conditions:
Findings:
1. The project area was identified as one of three Specific Plan areas designated for
development when the General Plan Land Use and Circulation Elements update was
adopted by the City Council in December 2014 (Specific Plan Area 3, Madonna on LOVR).
The Froom Ranch Specific Plan was prepared to implement this aspect of the General Plan.
2. The Froom Ranch Specific Plan is substantially consistent with policy direction for the
area included in the General Plan, specifically Land Use Element Policy 8.1.5, which
identifies the Froom Ranch area as Special Focus Area (SP-3), subject to policies for the
development of a specific plan and certain broad development parameters and principles,
and as amended by the General Plan Amendment to reflect incorporation of a life plan
community within the Specific Plan area. The Specific Plan is consistent with Policy 8.1.5
because the project proposes compact development limited primarily to the lower portions
of the site, including substantial opportunities for multi-family housing within Madonna
Froom Ranch. The project also provides limited commercial/retail uses and increased
connectivity to adjacent commercial uses to support onsite residential uses. The project
would also develop substantial on- and off-site pedestrian and bicycle facilities as
described in the Final EIR.
3. The General Plan Amendment/Pre-zoning allows the implementation of the Froom Ranch
Specific Plan by:
a. Updating the City’s Land Use Map to reflect the development pattern included in
the Specific Plan;
b. Updating the City’s Circulation Map to reflect the circulation system included in
the Specific Plan;
c. Updating the relevant portions of the General Plan to update statistical data related
to land use acreage and long-term buildout potential; and
d. Providing the pre-zoning information needed for the Local Agency Formation
Commission (LAFCo) to consider annexation of the site to the City, which is a
prerequisite for allowing development on the site under the City’s General Plan.
4. The Specific Plan is substantially consistent with Land Use Element Policies 6.4.1 and
6.4.7 (Hillside Planning Areas, Irish Hills) and Land Use Element Policies 1.4 (Urban
Edges Character), 1.8.5 (Building Design and Siting), 2.3.7 (Natural Features), and
Conservation and Open Space Policies 8.3.1 (Open Space within an Urban Area), 8.3.2
(Open Space Buffers), and 9.2.1 (Views to and from Public Spaces, including Scenic
Roadways) because development is concentrated in the lower area of the site, below the
150-foot development limit line on a majority of the site, which would result in the
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avoidance of sensitive habitats, and minimize potential effects on scenic, biological, and
cultural resources, avoid grading activities on the steeper portions of the project site, and
would place sensitive biological and cultural resources within designated open space.
Development above the 150-foot elevation line in the northwest corner of the site would
be substantially consistent with these General Plan policies because it would be limited to
a public trailhead park, which would incorporate relocated and restored/rehabilitated
historic structures (low impact uses that would support the functions of the open space),
and limited (0.7 acre) residential uses; in addition, the subject area is currently operated as
an active quarry and construction storage area, and does not support any sensitive habitats,
vegetation, or cultural resources.
5. The Specific Plan is consistent with all other applicable General Plan policies as described
and analyzed in the Planning Commission Agenda Report (dated August 12/13, 2020) and
as discussed further in the Final EIR.
6. As conditioned, the Vesting Tentative Tract Map is consistent with the General Plan
because it is consistent with the Froom Ranch Specific Plan, it results in the avoidance of
sensitive environmental resources within the upper elevations of the site, will result in the
addition of senior and multi-family housing units within the City, will allow for
commercial development near Los Osos Valley Road, and would provide needed
infrastructure, roadway, bicycle facility, and public park amenities identified in the City’s
General Plan.
7. Implementation of the Specific Plan and Vesting Tentative Tract Map will not be
detrimental to the health, safety, and welfare of persons living or working at the site or in
the vicinity because conditions of approval and mitigation measures require primary and
emergency access improvements, and comprehensive plans related to wildfire risk and
emergency response as documented in the Final EIR. The building areas would not be
located within the legally required fault setback zone and would avoid the steeper areas of
the project site.
8. The Airport Land Use Commission found the Specific Plan consistent with the Airport
Land Use Plan, as conditioned.
9. Development will occur consistent with the Vesting Tentative Tract Map and the required
architectural review process, which will allow for detailed review of development plans to
assure compliance with City plans, policies, standards, and design guidelines.
10. As conditioned, the design of the subdivision will not conflict with easements for access
through (or use of property within) the proposed subdivision, and the project is consistent
with the pattern of development prescribed in the Froom Ranch Specific Plan.
11. The project will provide affordable housing within the Specific Plan area consistent with
the intent of California Government Code Section 65915, and in compliance with City
policies and the Housing Element.
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12. The proposed treatment of the historic resources contributing to the significance of the
Froom Ranch Dairy Complex is consistent with General Plan policies pertaining to cultural
resources, because the 2020 Draft Specific Plan proposes to relocate and
reconstruct/rehabilitate four individually significant structures into the trailhead park for
adaptive reuse: the Main Residence, Dairy (Round-Nose) Barn, Creamery/House, and
Granary. The Dairy (Round-Nose) Barn would be relocated outside of an underlying fault
line. The three structures that will be demolished are contributors to the Froom Ranch Dairy
Complex but are not individually significant. All historic structures within the Froom
Ranch Dairy Complex would be documented per Secretary of the Interior standards prior
to removal or relocation, and the adopted Mitigation Monitoring and Reporting Program
requires such documentation to be made permanently available to the public.
Denial of the application would constitute an economic hardship because the applicant will
invest in the relocation, rehabilitation, and restoration of four of the seven structures
contributing to the Complex such that they will be incorporated into a public park located
within the Specific Plan area and utilized by the City and the public, and as the three
structures proposed for demolition are not individually significant, restoration or
rehabilitation of these three structures is impractical.
13. The existing Open Space and Agricultural Conservation Easement is subject to and
consistent with the promises, covenants, and conditions identified in the easement, and may
be amended with the written consent of the property owner and the City. The Easement
document states that “The Easement Area may be used for wetland and biological resource
mitigation banking. As used herein, mitigation banking means the restoration, creation,
enchantment [sic] [enhancement] and/or preservation of wetlands and/or biological
resources, for the purpose of providing compensation mitigation as a result of impacts to
similar resources.” The Easement Agreement also allows for “subsequent conservation
easements on the Easement Area, provided that such subsequent easements are for the
purpose of wetland, wildlife habitat or biological resource creation, enhancement or
preservation.” As proposed the amendment is consistent with the purposes of the Easement
Agreement because it would increase the overall size of the Easement Area from 7.1 to 7.8
acres, the proposed area includes similar underlying soils, vegetation, and wetlands as
existing within the current Easement, and the amendment would result in the preservation
of these 7.8 acres for wetland habitat, wildlife habitat, prime agricultural soils/land (as
defined by the San Luis Obispo County, Local Agency Formation Commission), and open
space.
14. The Vesting Tentative Map, as conditioned, will comply with all environmental mitigation
measures prescribed herein, and therefore is consistent with the California Environmental
Quality Act, as implemented through the Froom Ranch Specific Plan Final EIR.
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Vesting Tentative Tract Map Conditions:
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.
Community Development, Planning Division
1. At the time of submittal of a request for approval of a final map, the subdivider shall provide
a written report detailing the methods and techniques employed for complying with these
conditions of approval and the mitigation measures imposed upon certification of the
Environmental Impact Report for the Project.
2. The applicant shall comply with the mitigation measures identified in the adopted
Mitigation, Monitoring, and Reporting Program (Exhibit B). Upon submittal of the Final
Map, and all subsequent entitlements, the applicant shall submit a matrix demonstrating
compliance with the Mitigation, Monitoring, and Reporting Program (Exhibit B).
3. The proposed relocation and rehabilitation/reconstruction of the Froom Ranch historic
buildings shall be completed in conformance with the Final EIR Mitigation, Monitoring,
and Reporting Program. Prior to any grading or commencement of any construction
activities for infrastructure or building construction, a security and protection plan shall be
submitted and approved to the satisfaction of the Community Development Director. The
plan shall detail methods to prevent trespassing and removal of any building materials. Prior
to any grading or commencement of any construction activities for infrastructure or building
construction, a relocation plan prepared or reviewed by a qualified historic architect shall
be submitted for review and approval by the Community Development Director. The plan
shall include, but not be limited to: identification of the methods and measures to relocate
buildings and materials; measures to ensure secure and weather-proof storage of materials
to be retained for incorporation into the relocated, restored, and rehabilitated historic
structures; and an inventory process to document treatment of materials.
4. Prior to final map, County of San Luis Obispo Avigation easements shall be recorded for
each parcel within the development.
5. Prior to the recording of the final map, the applicant shall enter into and record an Affordable
Housing Agreement with the City, detailing the timing of construction of affordable units
on-site, and with guarantees to ensure timely delivery of all of the required affordable
housing units or dedication of real property consistent with Section 2.3 of the Froom Ranch
Specific Plan. Subsequent Affordable Housing Agreements, or an amended Agreement,
may be required upon further subdivision of the Madonna-Froom portion of the project site.
6. Pursuant to Government Code § 66474.9(b), the subdivider shall defend, indemnify and
hold harmless the City and/ or its agents, officers and employees from any claim, action or
proceeding against the City and/or its agents, officers or employees to attack, set aside, void
or annul, the approval by the City of this map and its related approvals, and all actions
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relating thereto, including but not limited to environmental review. The City shall promptly
notify the subdivider of any claim, action, or proceeding and shall cooperate fully in the
defense. If the city fails to promptly notify the subdivider of any claim, action, or
proceeding, or to cooperate fully in the defense, the subdivider shall not thereafter be
responsible to defend, indemnify, or hold the City harmless.
7. This map is conditioned upon the annexation of the property to the city and this approval
shall not be effective until annexation of the property to the city has been completed. If the
annexation is not completed within one year of the date the City Council approves the map
or following any agreed extension in writing, then the approval of the map shall be null and
void. Consequently, no final or parcel map may be filed until the Project site is annexed to
the city.
8. The residential density for the project site is limited to 630 dwelling units. The non-
residential density for the project site is limited to 750 persons. The maximum building
coverage for the project site is limited to 20%.
9. Construction plans for proposed structures shall be submitted via Federal Aviation Agency
(FAA) Form 7460-1 to the Air Traffic Division of the FAA regional office having
jurisdiction over San Luis Obispo County at least 45 days before proposed construction or
application for a building permit, to determine compliance with the provisions of FAR Part
77. The applicant shall also coordinate with the FAA on potential structural encroachments
into the glidescope critical areas as shown on the draft Airport Layout Plan.
10. All extremely and moderately noise-sensitive land uses on the Project site shall include
noise mitigation as required by the Airport Land Use Plan.
11. No structure, landscaping, apparatus, or other feature, whether temporary or permanent in
nature shall constitute an obstruction to air navigation or a hazard to air navigation, as
defined by the Airport Land Use Plan.
12. Any use is prohibited that may entail characteristics which would potentially interfere with
the takeoff, landing, or maneuvering of aircraft at the Airport, including:
• creation of electrical interference with navigation signals or radio communication
between the aircraft and airport;
• lighting which is difficult to distinguish from airport lighting;
• glare in the eyes of pilots using the Airport;
• uses which attract birds and create bird strike hazards;
• uses which produce visually significant quantities of smoke; and
• uses which entail a risk of physical injury to operators or passengers of aircraft (e.g.,
exterior laser light demonstrations or shows).
13. Avigation easements shall be recorded for each property developed within the area
included in the proposed local action prior to the issuance of any building permit or
conditional use permit.
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14. All owners, potential purchasers, occupants (whether as owners or renters), and potential
occupants (whether as owners or renters) will receive full and accurate disclosure
concerning the noise, safety, or overflight impacts associated with airport operations prior
to entering any contractual obligation to purchase, lease, rent, or otherwise occupy any
property or properties within the airport area.
15. Prior to issuance of any grading permits the project proponent shall provide that for every
one (1) acre of prime farmland (as defined by the San Luis Obispo County Local Agency
Formation Commission [LAFCO]) on the site that is permanently converted to non-
agricultural use as a result of project development, one (1) acre of land of comparable
agricultural productivity shall be preserved in perpetuity. The acreage required to meet the
1:1 ratio may be met by on or off-site agricultural conservation easement/deed
restriction(s), as long as this land meets the conditions outlined in this measure and meets
the intent of LAFCO policies. Said mitigation shall be satisfied by the applicant through:
a. Granting a perpetual conservation easement(s), deed restriction(s), or other
farmland conservation mechanism(s) to the City or qualifying entity which has
been approved by the City, such as the Land Conservancy of San Luis Obispo, for
the purpose of permanently preserving agricultural land. The land covered by said
on and/or off-site easement(s) or deed restriction(s) shall be located within or
contiguous to the City’ s Urban Reserve Line or Greenbelt subject to review and
approval of the City’ s Natural Resources Manager; or
b. Making an in-lieu payment to a qualifying entity which has been approved by the
City, such as the Land Conservancy of San Luis Obispo, to be applied toward the
future purchase of compensatory agricultural land in San Luis Obispo County,
together with an endowment amount as may be required. The payment amount
shall be determined by the qualifying entity or a licensed appraiser; or
c. Making an in-lieu payment to a qualifying entity which has been approved by the
City and that is organized for conservation purposes, to be applied toward a future
perpetual conservation easement, deed restriction, or other farmland conservation
mechanism to preserve compensatory agricultural land San Luis Obispo County.
The amount of the payment shall be determined by the qualifying entity or a
licensed appraiser; or
d. Any combination of the above.
Community Development, Engineering Division
15. Secondary access is required from all portions and/or phases of the subdivision where more
than 30 dwelling units are proposed. The location and development of the proposed
secondary access shall be presented to the City for review and approval prior to the
preparation of the related improvement plans or final map approval for each subsequent
map or construction phase. Any temporary or permanent emergency access location,
construction, and controls shall be in accordance with the Fire Code, City Engineering
Standards, and shall be approved to the satisfaction of the Fire Depa rtment and Public
Works Department.
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16. Fire Department access shall be provided for each building construction phase to the
satisfaction of the Fire Chief. Phased street construction shall consider and provide suitable
Fire Department hydrant access, circulation routes, passing lanes, and turn-around areas in
accordance with current City codes and standards.
17. Access controls for the Emergency Vehicle Access roadway shall be approved to the
satisfaction of the Fire Department and Transportation Division of Public Works. The use
of bollards for the entire access width may not be supported. The controls may need to be
set back from the roadway and/or may require an automatic activation system.
18. All public streets shall conform to City Engineering Standards and the Specific Plan,
including curb, gutter, and sidewalk, driveway approaches, and curb ramps as approved by
the City Engineer. Where conflicts occur between the City Engineering Standards and
concepts identified in the specific plan and/or represented on the tentative map, the City
Engineer shall make the final determination of design approval and/or exceptions.
19. All subdivision improvements shall be consistent with the City Engineering Standards
except where the applicant has requested and been granted a formal design exception by
the City Engineer. Design exceptions shall be requested in a format approved by the City
and shall be accompanied by the required application and review fee. The applicant shall
summarize the need for the request, alternatives, and may be asked to propose final
construction details, specifications, and minimum construction tolerances/testing for
review and approval by the City Engineer in support of the request. The request shall be
approved by the City Engineer prior to submittal of complete public improvement plans.
20. Final street sections shall be approved in conjunction with the review and approval of the
final project drainage report. The final design shall consider drainage, transitions, and
accessibility.
21. Final roundabout geometry shall be consistent with applicable engineering standards,
design guidelines, and shall accommodate design vehicle turning movements consistent
with City Engineering Standards.
22. Any required or proposed on-site traffic calming elements shall be designed and installed
by the project applicant. The subdivision is not eligible for future participation in the City’s
Neighborhood Traffic Management Program.
23. The improvement plans shall include a line-of-sight analysis at applicable intersections to
the satisfaction of the Public Works Department. Fence heights and plantings in the areas
of control shall be reviewed in conjunction with the analysis. A separate recorded
agreement or Notice of Requirements for private property owner, HOA, or property owner
association responsibility for the maintenance of sight lines may be required as a condition
of the City Engineer's approval of the development plans.
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24. The subdivision improvement plans shall include full on-site and any off-site public and
private improvements as required to satisfy all mitigation measures, specific plan
requirements, and conditions of approval. The plans shall comply with the City
Engineering Standards, Bicycle Transportation Plan, Community Design Guidelines,
Caltrans Highway Design Manual, Specific Plan, National Association of City
Transportation Officials (NACTO) design guidance, City policies, and applicable County
of San Luis Obispo Public Improvement Standards.
25. Depending upon the timing of the proposed Caltrans relinquishment at Los Osos Valley
Road and Calle Joaquin, a separate plan and permit may be required from Caltrans for
work, construction staging or temporary traffic control that encroaches within the
Caltrans rights-of-way. Said plans, if required, shall be provided to the City of San Luis
Obispo for review and approval of consistency with the project mitigation measures,
conditions of approval, future project entitlements, Specific Plan, and conformance with
the subdivision improvements.
26. If an off-site dedication/acquisition of property for public right-of-way purposes is
necessary to facilitate orderly development and the anticipated project improvements,
the subdivider shall work with the City and the landowner(s) to acquire the necessary
rights-of-way. In the event the subdivider is unable to acquire said rights-of-way, the City
Council may consider lending the subdivider its powers of condemnation to acquire the
off-site right-of-way dedication, including any necessary slope and drainage easements.
If condemnation is required, the subdivider shall agree to pay all costs associated with
the off-site right-of-way acquisition (including attorney fees and court costs).
27. With respect to all off-site improvements, prior to filing of the Final Map, the subdivider
shall either:
a. Clearly demonstrate their right to construct the improvements by showing title or
interest in the property in a form acceptable to the City Engineer; or,
b. Demonstrate, in writing, that the subdivider has exhausted all reasonable efforts to
acquire interest to the subject property and request that the City assist in acquiring
the property required for the construction of such improvements and exercise its
power of eminent domain in accordance with Government Code Section 66462.5
to do so, if necessary. Subdivider shall also enter into an agreement with the City
to pay all costs of such acquisition including, but not limited to, all costs associated
with condemnation. Said agreement shall be in a form acceptable to the City
Engineer and the City Attorney. If condemnation proceedings are required, the
subdivider shall submit, in a form acceptable to the City Engineer, the following
documents regarding the property to be acquired:
i. Property legal description and sketch stamped and signed by a Licensed
Land Surveyor or Civil Engineer authorized to practice land surveying in
the State of California;
ii. Preliminary title report including chain of title and litigation guarantee;
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iii. Appraisal of the property by a City-approved appraiser. In the course of
obtaining such appraisal, the property owner(s) must be given an
opportunity to accompany the appraiser during any inspection of the
property or acknowledge in writing that they knowingly waived the right
to do so;
iv. Copies of all written correspondence with off-site property owners
including purchase summary of formal offers and counter offers to
purchase at the appraised price.
v. Prior to submittal of the aforementioned documents for City Engineer
approval, the subdivider shall deposit with the City all or a portion of the
anticipated costs, as determined by the City Attorney, of the condemnation
proceedings. The City does not and cannot guarantee that the necessary
property rights can be acquired or will, in fact, be acquired. All necessary
procedures of law would apply and would have to be followed.
28. Detailed plans shall be provided for any off-site or out-of-phase improvements in
conjunction with the proposed development phasing plans and timing of mitigation
requirements, unless preliminary or final designs are needed for orderly development
and/or to substantiate the design of an adjoining phase.
29. Any jurisdictional permits from authorities other than the City, including but not limited
to, those from the Army Corps of Engineers, California Fish and Wildlife Service, and the
Regional Water Quality Control Board shall be obtained prior to the City's approval of
improvement plans and the Developer's commencing with work for any construction phase
subject to the jurisdiction of such regulatory agencies.
30. The final map shall show and note an offer for street purposes for the existing improved
section of Calle Joaquin noted as Lot 4 on the tentative map. The final map numbering
shall be adjusted accordingly.
31. The limits of the public and private streets shown on the final map and improvement plans
shall be approved to the satisfaction of the Public Works Director.
32. The proposed park shall be dedicated to the City in fee. Unless otherwise approved by the
City for deferral, Park in -lieu fees shall be paid in conjunction with the map recordation.
If approved for deferral for some or all of the subdivision, a separate agreement or Notice
of Requirements shall be recorded prior to map recordation.
33. Access rights shall be offered for dedication to the City of San Luis Obispo along Los Osos
Valley Road and all on-site public streets (Commercial Collector A, Local Road A) except
at approved driveway locations.
34. The final map shall show and note all existing and proposed easements, the extinguishment
of any public easements. The map shall show the proposed street tree and Public Utility
Easements (PUE’s) for reference. Additional public pedestrian easements may be required
at curb ramps, landings, and ADA sidewalk extensions.
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35. The limit of public trails and paths, private path easements, or areas defined as project
private amenities, and the maintenance of the same shall be approved to the satisfaction of
the Public Works and Community Development directors prior to map recordation and
approval of the subdivision improvement plans.
36. Separate Open Space and Creek or Biological Easement Agreement(s) shall be recorded in
conjunction with the final map recordation. The easement agreement(s) shall be developed
by the applicant in a format provided by the City.
37. Unless covered in other agreements, a separate wildland fuel management/reduction zone
plan and easement agreement will be required in conjunction with the map subdivision
improvement plan approvals.
38. The final map and improvement plans shall include all subdivision boundary, property
corner, and centerline monumentation in accordance with the Subdivision Regulations and
City Engineering Standards. Unless specifically waived by the Public Works Director, the
map and improvement plans shall include additional monumentation for benchmark(s) in
accordance with the City Engineering Standards and City’s Vertical Control Network
(benchmark program).
39. All landscape parkways shall be privately maintained by the property owner, HOA, or
Property Owner Association. Unless otherwise approved by the Public Works Director,
the limited landscape and landscape irrigation required for the medians and roundabout
shall be privately maintained.
40. The final grading and drainage plans and project reports shall show and note compliance
with the project environmental documents, Specific Plan, and any additional requirements
or conditions established with any jurisdictional permits.
41. The final grading plans, reports, and cross-sections shall clarify the limits of low-flow (2-
year event) containment within the realigned and/or enhanced Froom Creek Channel
sections. The plans and reports shall further clarify the extent and limit of stormwater
overflows for events exceeding the 2-year design storm. Additional cross-sections may be
required on the final improvement plans to clarify the limits.
42. The grading plans shall provide additional detail interface between all new areas of grading
and the existing channels, swales, drainages, roadways, driveways, and building pads. The
plans and report shall evaluate all areas of potential run-on along the tract boundary. The
project plans shall show and note how all run-on will be accepted, conveyed, and
discharged in a non-erosive manner.
43. The project and report shall show and note compliance with the City’s Floodplain
Management Regulations, Drainage Design Manual (DDM), and the Post Construction
Stormwater Regulations. The final plans and reports shall clarify how the peak
management stormwater control measures (SCM’s) for the 2 through 10-year storm events
will drain within 48 hours to provide for peak management in back to back storm events in
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accordance with the DDM. The City supports the design and recognition that the Calle
Joaquin culvert will provide outlet controls and peak management for the development.
The final plans and reports shall include a stage vs storage summary and additional
clarification of the water surface elevations for all design storms at critical river stations.
44. The final map shall include an additional map sheet showing the existing and/or proposed
100-year flood zone limits in accordance and an approved CLOMR or LOMR in
accordance with the Subdivision Regulations. The final map shall include reference to the
project soils report.
45. The required CLOMR shall be approved prior to commencing with any potentially adverse
grading. The LOMR shall be processed and approved within 6 months of the completion
of the proposed grading and prior to building permit issuance unless otherwise specifically
approved by the Public Works and Community Development directors.
46. The subdivision improvement plans, and subsequent building plans, shall show that the
building pads will be elevated at least 1’ above the base flood elevation (BFE).
47. Separate notification of review and approval of the drainage report and strategy by Caltrans
may be required if it is determined that the project improvements may impact their rights-
of-way.
48. EPA Requirement: General Construction Activity Storm Water Permits are required for
all storm water discharges associated with a construction activity where clearing, grading
or excavations result in land disturbance of one or more acres. Storm water discharges of
less than one acre, but which is part of a larger common plan of development or sale, also
requires a permit. Permits are required until the construction is complete. To be covered
by a General Construction Activity Permit, the owner(s) of land where construction activity
occurs must submit a completed "Notice of Intent" (NOI) form, with the appropriate fee,
to the State Regional Water Quality Control Board. An application is required to the State
Board under their Stormwater Multi-Application, Reporting, and Tracking System
(SMARTS).
49. The subdivision improvement plan submittal shall show compliance with the Post
Construction Stormwater Requirements as promulgated by the Regional Water Quality
Control Board. The submittal shall include a complete Post Construction Stormwater
Control Plan Template as available on the City’s Website.
50. An operations and maintenance manual will be required for the post construction
stormwater improvements. The manual shall be provided at the time of improvement plan
submittal and shall be accepted by the City prior to approvals. A private stormwater
conveyance agreement will be required and shall be recorded prior to approvals.
51. The drainage report and stormwater control plans shall clarify the limits and extent of water
quality and water quantity controls. If additional treatment will be required for the proposed
individual development sites, a Notice of Requirement shall be recorded in conjunction
with the map recordation to define the future development requirements.
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52. This project is considered a common plan and the single-family residential exceptions will
not apply to this subdivision or subsequent re-subdivision of the Froom Ranch residential
development areas of the Specific Plan.
53. Stormwater SCM’s shall be maintained by the property owner, HOA, or property owner
association. Any SCM’s or appurtenances proposed for location within a public right -of-
way shall first be approved by the Public Works Director. If supported, a separate
encroachment agreement shall be recorded in a format approved by the City.
54. A separate encroachment agreement will be required for any private improvements that have
been specifically approved to cross within, under, or over the existing or proposed public
rights-of-way.
55. The proposed development on this site has the potential to intercept subsurface or spring
water. The constant flow of spring water to the street may create a nuisance. All wall drains
and French drains for any site retaining walls and foundation retaining walls shall outlet to
a natural drainage course, open space, or storm drain system where feasible. Where
infeasible, an engineered dry well or other suitable outlet may be required. Provide a non-
erosive outlet as necessary. Surface runoff from storm events may be directed to the public
street.
56. The future development including basements or subsurface improvements may intercept
standing and/or seasonal groundwater. Additional analysis may be required regarding any
specific impacts related to temporary or permanent dewatering, impacts on the wetlands,
subsidence, or the diversion of subsurface waters. The project soils report should include
some preliminary analysis in conjunction with the subdivision improvement plan submittal.
A Notice of Requirements may be required in conjunction with the map recordation.
57. The subdivider shall install public street lighting and all associated facilities including but
not limited to conduits, sidewalk vaults, fusing, wiring, and luminaires along all existing
and proposed City streets, including along the Los Osos Valley Road project frontage, per
City Engineering Standards. Pedestrian-scale lighting shall be provided on public streets
and trails consistent with the Specific Plan and to the satisfaction of the City Engineer.
58. Private street lighting may be provided along the private streets/alleys/parking areas, pocket
parks, and linear parks per City Engineering Standards and/or as approved in conjunction
with the final Architectural Review Commission (ARC) approvals.
59. Existing overhead wire services shall be undergrounded along Los Osos Valley Road. The
undergrounding shall terminate at existing underground utility points of connection unless
otherwise specifically approved by the Public Works Director. The undergrounding shall
be accomplished without a net increase in utility poles.
60. Street trees are required as a condition of development. Street trees shall generally be
planted at the rate of one 15-gallon street tree for each 35 lineal feet of property frontage.
Landscape plans may include grouping of trees to vary this standard to honor site/public
improvements, achieve visual variety, or to honor line-of-sight corridors within the
subdivision.
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61. The public improvement plans shall provide a final analysis of the trees to be removed and
trees to be retained. The existing trees located along or across the tract boundary, within
areas of utility work, and/or within vacant lots proposed for future development shall be
specifically identified in those plans as removed or retained. The plan/map submittals shall
include a tree preservation plan and/or notice of requirements attached to the final map.
Trees not previously noted and approved for removal shall be retained unless otherwise
specifically approved for removal by the City. A tree preservation plan shall be provided
by a Certified Arborist and approved by the City for any trees to remain or to be relocated.
62. Improvement plans for the entire subdivision, including any off-site improvements shall
be approved to the satisfaction of the Public Works Department, Utilities Department, and
Fire Department prior to map recordation. Off-site improvements may include but are not
limited to roadways, sewer mains, water mains, recycled water mains, and storm drain
improvements. Off-site improvements may include off-site access roadways,
transportation improvements, and utility system improvements.
63. A separate demolition permit will be required from the Building Division for the removal
of any existing structures and related infrastructure. Building removals are subject to the
Building Demolition Regulations including the additional notification and timing
requirements for any structure over 50 years old.
64. A separate building permit will be required for building relocations and associated site,
grading, and utility service connections.
65. The improvement plans shall clearly show all existing structures, site improvements,
utilities, water wells, septic tanks, leach fields, gas and wire services, etc. The plan shall
include any water well and private waste disposal systems that are located within regulated
distances to the proposed drainage and utility improvements. The plan shall include the
proposed disposition of the improvements and any proposed phasing of their demolition
and removal.
66. The improvement plan submittal shall clarify whether any water well(s) to remain will be
temporary for construction or will be retained. Retained water wells shall show compliance
with all City and State regulations. If retained, specific or blanket easements will be
required for the well site, services, appurtenances, tanks, and piping. The well and any
service lines will need to show the required separations from existing and proposed
infrastructure and drainageways.
67. The map and improvement plans shall show and clarify the extent of all existing and
proposed public and private easements. The developer shall provide any additional
clarification regarding the use and disposition of any water wells. Any private water well
service piping that crosses or is proposed to cross an existing or future public right-of-way
shall be approved by the City and shall be covered by an Encroachment Agreement to be
recorded in a format approved by the City. The developer shall provide any additional
clarifications, amendments, and/or quitclaims on any outstanding private easement
agreements, as necessary.
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68. Street paving shall be phased in accordance with City Engineering Standard 7110 unless
unphased construction is otherwise specifically approved by the City Engineer. Phased
construction of the new street pavement shall provide for the ultimate structural street
section and pavement life per the City's Pavement Management Plan and City Engineering
Standards. The engineer of record shall detail the phased paving requirement in the public
improvement plans to the satisfaction of the City Engineer.
69. Separate utilities shall be provided to each lot in accordance with the Subdivision
Regulations. The applicant shall clarify whether gas service is proposed within this
subdivision. The elimination of gas service to any individual lot or portions of the
subdivision must be approved through the City’s Design Exception process in conjunction
with the subdivision improvement plan submittal.
70. The improvement plan submittal shall include a complete construction phasing plan in
accordance with the mitigation measures, conditions of approval, City codes, and
standards. A truck circulation plan and construction management and staging plan shall be
included with any demolition, stockpile, grading, or improvement plan submittal. General
truck routes shall be submitted for review and acceptance by the City. The engineer of
record shall provide a summary of the extent of cut and fill with estimates on the yards of
import and export material. The summary shall include rough grading, utility trench
construction, road construction, AC paving, concrete delivery, and vertical construction
loading estimates on the existing City of San Luis Obispo roadways. The developer shall
either: 1) complete roadway deflection testing before and after construction to the
satisfaction of the City Engineer and shall complete repairs to the pre-construction
condition, or 2) shall pay a roadway maintenance fee in accordance with City Engineering
Standards and guidelines, or 3) shall propose a pavement repair/replacement program
satisfactory to the City Engineer. The roadway impacts analysis and mitigation strategy
shall be approved prior to commencing with grading or construction.
71. The public and private subdivision improvements shall be completed or substantially
complete to the satisfaction of the Public Works and Community Development directors
prior to building permit issuance for new structures in accordance with the Subdivision
Regulations. The proposed historic building relocations are required to support the
entitlements and subdivision improvements and are not subject to these permit limitations.
The improvement plans shall be approved or substantially approved prior to building
relocations to establish final line and grade.
72. Retaining wall and/or retaining wall/fence combinations along property lines shall be
approved to the satisfaction of the Planning Division and shall conform with the zoning
regulations for allowed combined heights or shall be approved through the Architectural
Review Commission (ARC), Specific Plan, or separate Fence Height exception process as
dictated by the City Zoning Regulations.
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73. The ARC plans and public improvement plans shall show the location of the proposed mail
receptacles or mailbox units (MBUs) to the satisfaction of the Postmaster and the City
Engineer. The subdivider shall provide a mailbox unit or multiple units to serve all dwelling
units within this development as required by the Post Master. MBUs shall not be located
within the public right-of-way or public sidewalk area unless specifically approved by the
City Engineer. Contact the Post Master at 805-543-2605 to establish any recommendations
regarding the number, size, location, and placement for any MBUs to serve the several
neighborhoods and occupancies.
74. Porous concrete, pavers, or other surface treatments as approved by the City Engineer shall
be used for private parking areas, V-gutters, private curb and gutter, etc. to the extent
feasible within the over-all drainage design for water quality treatment/retention in
accordance with the specific plan and General Plan.
Fire Department
75. Prior to recordation of the Final Map, the applicant shall provide a Community Fire
Protection Plan pursuant to Mitigation Measure MM HAZ-2, for review and approval by
the City Fire Marshal and City Natural Resources Manager. The vegetation fuel buffer
management zone shall be delineated on the Final Map. Vegetation Management/Fuel
Modification areas shall be maintained in an approved manner.
76. Where gates or barricades are placed on a fire access road or Emergency Vehicle Access
they shall be secured in an approved manner. Electronic gates shall be openable by a Knox
key switch, manual gates or barriers shall only require one lock to open.
77. Needed Fire Flow and all-weather access roads shall be installed and available prior to start
of combustible construction.
Transportation
78. Unless a design exception is approved by the Public Works Director, the Final Map and
public improvement plans shall conform to City adopted Engineering Standards,
Engineering Specifications, Policies and Plans.
79. Project construction and infrastructure shall be completed in the sequential phase order as
evaluated in the Froom Ranch Specific Plan, Final EIR and Transportation Impact Study,
or as agreed to between the City and Developer. If phasing is modified, amendments to the
Specific Plan, Transportation Impact Study, and EIR may be required.
80. Los Osos Valley Road Class IV Bikeways. Unless otherwise approved by the Public
Works Director, prior to issuance of any occupancy permits for the first development
phase, the subdivider shall design and construct Class IV bikeways (protected bike lanes)
along Los Osos Valley Road in the southbound direction between Diablo and South
Higuera and in the northbound direction between South Higuera and Madonna and between
Laguna Lane and Diablo. Bikeway improvements between Calle Joaquin and Froom Ranch
Way shall be substantially consistent with the preferred design concept approved by the
City Council for the Bob Jones Trail (Calle Joaquin to Oceanaire) Connection Project and
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may be eligible for Citywide traffic impact fee credits for eligible construction costs.
Bikeway designs shall be consistent with applicable design guidance as published by the
National Association of City Transportation Officials (NACTO), the Federal Highway
Administration (FHWA), Caltrans and City Engineering Standards. Physical bikeway
separation shall be provided by elevating the bikeway to an intermediate or sidewalk level,
or through installation of a concrete curb/median between the bikeway and motor vehicle
traffic. Green pavement coloring shall be provided at intersection and driveway conflict
points. If Class IV bikeways are not approved for segments within Caltrans right-of-way,
or are deemed infeasible for short segments due to other geometric constraints, alternative
treatments to improve bicycle and pedestrian levels of service may be approved to the
satisfaction of the Public Works Director. Potential alternative treatments include
installation of striped bike lane buffers, street trees, rumble strips/stripes, or other features
that further buffer active transportation users from street traffic.
81. Los Osos Valley Road & Auto Park Way. Prior to issuance of any occupancy permits
for the first development phase, the subdivider shall design and construct intersection
improvements and install a traffic signal at Los Osos Valley Road & Auto Park Way. The
intersection shall be designed as a bicycle protected intersection as conceptually shown in
the Bob Jones Trail (Calle Joaquin to Oceanaire) Connector Project Study Report and
consistent with design best practices published by Caltrans, NACTO, FHWA and
AASHTO. Intersection lane configurations and design elements shall be consistent with
recommendations presented in the Specific Plan EIR and Transportation Impact Study and
City Engineering Standards, including provision of ADA-compliant curb ramps, street
lighting, pedestrian median refuges, corner bulbouts and high-visibility crosswalk
markings. Traffic signal installation costs may be eligible for Los Osos Valley Road
subarea add-on transportation impact fees.
The new traffic signal shall include all equipment and appurtenances necessary for
intended operation per City Standard Specifications and Engineering Standards, including
but not limited to, green powder coated equipment, new controller and cabinet, comm.
block for communications, electrical service enclosure with battery backup system, video
detection system with video encoder and wireless radio, and accessible pedestrian signals.
The new traffic signal shall be interconnected with the adjacent traffic signals along Los
Osos Valley Road.
82. Los Osos Valley Road Median. Prior to issuance of any occupancy permits for the first
development phase, the subdivider shall design and construct a raised median island along
Los Osos Valley Road between the existing median fronting Irish Hills Plaza to Calle
Joaquin. The median design shall include landscaping and irrigation per City Standards
and shall accommodate openings for left-turn access to the satisfaction of the Public Works
Director.
83. Los Osos Valley Road Sidewalks. Prior to issuance of any occupancy permits for the first
development phase, the subdivider shall design and construct ADA-compliant sidewalks
and pedestrian ramps along the west side of Los Osos Valley Road to provide a continuous
path of travel between the existing sidewalk fronting Irish Hills Plaza and Calle Joaquin.
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84. Traffic Calming. Public improvement plans shall include traffic calming along Local
Road A consistent with the project EIR mitigation requirements and to the approval of the
Public Works Director. The subdivision is not eligible for future participation in the City’s
Neighborhood Traffic Management Program.
85. Commercial Collector A & Commercial Collector B Roundabout. The subdivider shall
construct a single-lane urban roundabout at the intersection of Commercial Collector A &
Commercial Collector B. Improvement plans shall be approved prior to issuance of
building permits, while construction of the roundabout shall be completed prior to issuance
of first occupancy permits for Phase 2. Final roundabout geometry shall be consistent with
applicable engineering standards and design guidelines and best practices for bicycle and
pedestrian accessibility and shall accommodate design vehicle turning movements
consistent with City Engineering Standards. The Final Map shall reflect any necessary lot
line adjustments required to accommodate the final roundabout design.
86. Los Osos Valley Road Striping. Where implementation of roadway improvements along
Los Osos Valley Road required substantial realignment of existing roadway striping, the
subdivider may be required to grind and slurry seal the roadway surface prior to installation
of final roadway striping to the satisfaction of the Public Works Director.
87. Transit Service. Prior to recordation of the final map, the applicant shall complete the
design of the bus turnout and stop at the southwest corner of Los Osos Valley Road and
Auto Park Way to the satisfaction of the Public Works Director. The bus stop shall be
constructed by the applicant prior to occupancy of the first development and shall include
an on-street turnout, boarding area, transit shelter, route signage, lighting, bicycle rack, and
waste receptacle per City Standards and to the satisfaction of the City Transit Manager.
The applicant shall coordinate with SLO Transit to ensure that adequate service would be
provided to the new bus stop prior to occupancy of the first development phase.
88. Traffic Impact Fees. Prior to issuance of building permits for each development phase,
the subdivider shall pay applicable Citywide and Los Osos Valley Road subarea add -on
transportation impact fees. The fees for the Life Plan Community shall be levied based on
the “specialty” fee rate, which is calculated based on project trip generation. Trip
generation for the Life Plan Community, as referenced from the project Transportation
Impact Study, includes 1,338 trips and 99 PM peak hour trips. Fees for Madonna Froom
Ranch development shall be based on the number of residential dwelling units and the
square footage of commercial development within the Project site.
89. The Applicant shall submit a traffic engineering study identifying recommended signal
timing plans for the new Los Osos Valley Road/Auto Park Way signal, as well as
recommended timing modifications for existing signalized intersections along the Los Osos
Valley Road corridor between Descanso and South Higuera. The traffic engineering study
recommendations shall identify recommended adjustments to base timing inputs (min and
max green times, pedestrian walk and clearance intervals, yellow and all red times, etc.)
consistent with CA MUTCD guidelines and engineering best practices, as well as
recommended adjustments to coordinated time of day plans (plan times, cycle lengths,
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offsets, splits/force-offs, etc.). Recommended timings should be provided in Synchro format
and in spreadsheet format (excel, csv.). In coordination with the Applicant, the City shall
retime the traffic signals along the Los Osos Valley Road corridor. Timing
recommendations for Caltrans-operated traffic signals will be submitted for review and
potential implementation by Caltrans.
90. Final location of proposed on-site driveway locations shall be reviewed and approved by
the City to ensure compliance with City Engineering Standards and access management
policies.
91. On-street parking shall be prohibited on all public streets within the plan area. Improvement
plans shall include sufficient signage and/or curb paint to convey parking restrictions.
92. Off-site dedication/acquisition of property for public right-of-way purposes may be
necessary to facilitate orderly development, anticipated build-out improvements, and/or to
satisfy mitigation measures, conditions of approval, or compliance with City Standards and
policies. The subdivider shall work with the City and the landowner(s) to acquire the
necessary rights-of-way. In the event that the subdivider is unable to acquire said rights-of-
way, the City Council may consider lending the subdivider its powers of condemnation to
acquire the off-site right-of-way dedication, including any necessary slope and drainage
easements. If condemnation is required, the subdivider shall agree to pay all costs associated
with the off-site right-of-way acquisition (including attorney fees and court costs).
Government Code Section 66462.5.
93. With development of the on-site public improvement plans and prior to recordation of the
Final Map, the Project Applicant shall provide a dedicated bicycle connection along Local
Road A from the on-site roundabout west to the trailhead park to the satisfaction of the
Public Works Director. This new bicycle connection shall be constructed prior to issuance
of occupancy permits for Phase 3 development of the Specific Plan (Madonna Froom).
Utilities
94. The project shall include the proposed sewer generation calculations, based on Section 7 of
the City’s 2018 Engineering Design Standards, in the permit submittal plan set. The
calculations shall include in the scope of the study the minimum depth and size of the
required sewer for the manhole to serve developments to the north and to the east of the
proposed parcel map, and shall be established and approved to the satisfaction of the
Utilities Director.
95. Sewer flow rates and flow velocities shall comply with the requirements of the 2016
Wastewater Collection System Infrastructure Renewal Strategy. Prior to issuance of a
building permit the development’s sewer system shall have: A public 8” sewer main within
public Streets A, B, and C. The sewer main and laterals south of the culvert on Street B shall
be private; the area south of the culvert along Street A, shall be an 8” private system, and
the alignment shall be maintained within the proposed paved roads where feasible. If
shallow groundwater is encountered within the Villaggio area 10-feet below the original
ground surface, the 8” private sewer main and private laterals shall be made with HDPE
pipe.
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96. The two proposed sewer connections shall be made at manholes for public systems and at
wyes for private systems onto the existing 8” sewer main located on the west half of Los
Osos Valley Road.
97. If commercial uses in the project include food preparation, provisions for grease
interceptors and FOG (fats, oils, and grease) storage within solid waste enclosure(s) shall
be provided with the design. These types of facilities shall also provide an area to wash
floor mats, equipment, and trash cans. The wash area shall be drained to the sanitary sewer,
and an environmental compliance permit shall be filed prior to issuance of occupancy
permit.
98. Underground dewatering systems for basements (if needed) shall discharge to an on-site
retention system or shall obtain an environmental compliance permit prior to issuance of
an occupancy permit.
99. Any sewer that crosses beneath a creek shall be sleeved through that section.
100. Any sewer lateral that crosses one proposed parcel for the benefit of another shall provide
evidence that a private utility easement appropriate for those facilities has been recorded
prior to issuance of a Building Permit.
101. Projects involving the construction of new structures requires that complete frontage
improvements be installed or that existing improvements be upgraded per city standard
MC.12.16.050.
102. (MM UT-2) The Applicant shall pay fair share construction costs for replacement of the
24” sewer main, and related appurtenances, crossing HWY 101 through negotiation of a
private reimbursement agreement with the San Luis Ranch. Negotiations of a private
reimbursement agreement shall be facilitated by the City to fulfill the Project’s fair share
financial obligation towards construction of necessary capacity improvements in
accordance with the San Luis Ranch Development Agreement using the project’s proposed
sewer flow rates. The City shall approve the private reimbursement agreement and verify
that the Applicant contributes appropriate fair share construction costs as approved by the
City prior to issuance of building permits. Using the available information provided in the
entitlement application, the current estimated fair share construction cost is 10% for 320 -
feet of a new 24” sewer main, and related appurtenances, crossing Highway 101. The final
proportionate fair share contribution by Froom Ranch for the construction costs shall be
subject to review and approval by the Utilities Director to fulfill environmental mitigation
MM UT-2.
103. The project shall include the proposed water demand calculations, based on Section 6 of
the City’s 2018 Engineering Design Standards, in the permit submittal plan set. As part of
the public improvement plans, a hydraulic model shall be provided with a design narrative
that validates the pipe size, flow rates, and pressures of the proposed improvements and
impacts to the existing systems.
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104. Water flow rates and flow velocities shall comply with the minimum requirements of the
2016 Potable Water Distribution System Operations Master Plan. Water flow rates and
pressures more than what is available from the existing 10” public water main along Los
Osos Valley Road shall be augmented by a private booster pump station, surge tank(s), and
related appurtenances. Prior to issuance of a building permit, the developer’s water main
system shall have: a public 8” PVC water main within Public Streets A, B, and C.
105. Final grades and alignments of all public and/or private water, recycled water, and sewer
shall be approved to the satisfaction of the Utilities Department. The final location,
configuration, and sizing of on-site service laterals and meters shall be approved by the
Utilities Director in conjunction with the review of the building plans, fire sprinkler plans,
and/or public improvement plans.
106. The alignments of public and private water, recycled water, and sewer systems shall be
located under a paved street whenever feasible to facilitate access and maintenance, and to
the satisfaction of the Utilities Engineer.
107. A hydrant assembly shall be installed at ends of proposed potable water mains that are not
looped back into the existing system.
108. The Madonna Froom Ranch Development’s commercial and residential uses shall be
metered separately. All residential units are to be individually metered. Pri vately owned
sub-meters may be provided for residential apartments upon approval of the Utilities
Director. The CCR’s for the property/homeowner association shall require that the sub -
meters be read by the association (or P/HOA contracted service) and each apartment billed
according to water use.
109. The Villaggio development shall be metered with a City-owned master meter. Each
individual unit shall be privately sub-metered per California Green Building Code
requirements.
110. The proposed Villaggio development, which is located south of the proposed culvert along
Road B and west of Los Osos Valley Road, shall have a private domestic loop with a public
6” master meter for potable demands, and a separate private fire loop with an 8” double
check backflow preventer. Structures within the Villaggio Parcel that are served by the
private domestic water loop, and downstream of the public master meter, shall have private
sub-meters, and shall be installed to the satisfaction of the Utilities Director.
111. Existing well(s) planned for abandonment shall be destroyed per County Health
Requirements and the California Department of Water Resources Standard Bulletin 74-81
and 74-90 and the County Health Requirements. A final plan for the disposition of wells
shall be included in the public improvement plans, and the Developer shall comply with
the California Water Code and the regulations imposed by the City in its capacity as the
Groundwater Sustainability Agency pursuant to the Sustainable Groundwater Management
Act (“SGMA”) in all matters related to the Project. Developer acknowledges that SGMA
regulations will be implemented after the Vesting Date and likely throughout its term and
nevertheless agrees to comply with them as to the Project.
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112. Services from existing water wells shall be maintained within the same parcel boundary
per Municipal Code 13.08.370. Parcels with existing wells shall have backflow devices
installed behind all meters service the parcel, consistent with City standards. The applicant
shall provide confirmation that all well and associated service lines are maintained on the
same parcel prior to map recordation, and is provided with the minimum set-back required
by the County Health Department and the California Department of Water Resources.
113. Any existing well within a proposed parcel that meets the well set-back requirements that
is planned for destruction, the Developer may elect to dedicate the well to the Utilities
Department with a 12-foot access easement from a public road. This item may be waived
to the satisfaction of the Utilities Director if the well abandonment is necessary for site
development.
114. The project shall include the proposed recycled water irrigation demand calculations to
meet the criteria of Section 10 of the City’s 2018 Engineering Design Standards in the
permit submittal, showing the City’s MAWA and ETWU calculator table, including all
inputs.
115. Prior to issuance of a building permit, the developer’s recycled water main system shall
have: a public 8” ductile iron recycled water main within Public Streets A, B, and C. The
recycled water main and service laterals serving the Villaggio Parcel shall be private and
shall include a private service beneath the private service road connecting to Los Osos
Valley Road.
116. Recycled water, or another non-potable water source, shall be used for construction water
(dust control, soil compaction, etc.). An annual Construction Water Permit is available
from the City’s Utilities Department.
117. Irrigation systems using recycled water shall be designed and operated as described consistent
with the City’s Procedures for Recycled Water Use, including the requirement that sites
utilizing recycled water require backflow protection on all potable service connections. Three
sets of irrigation plans shall be submitted for review during the City’s improvement plan
and/or building permit review process.
118. 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.
119. 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.
120. Driveways and access routes to all trash and recycling receptacles shall be designed to
accommodate the size and weight of garbage trucks; a written confirmation from the San
Luis Garbage Company shall be included in the building permit plans for the proposed
project.
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Resolution No. _____ (2020 Series) Page 24
R ______
121. Trash enclosure and refuse bins shall be sized to provide a reasonable level of service per
the requirements of the San Luis Garbage Company. Large bin enclosures shall be wide
enough, to accommodate trash, organic, and recycling receptacles, and shall conform to
the engineering design standards.
122. The Froom Ranch Development’s commercial and residential refuse services shall be
separate unless a letter of agreement between the tenants and a Conditional Exception
Application from the City’s Development Standards for Solid Waste Services are provided
to the City with the building permit submittal.
123. The proposed utility infrastructure shall comply with the engineering design standards in
effect during the time a building permit is obtained and shall have reasonable alignments
and clearances needed for maintenance.
124. Revisions to the existing sewer and water infrastructure, that may result from the proposed
land use modifications, shall be completed to the satisfaction of the Utilities Director to
minimize impacts to operations and maintenance of existing or future services.
SECTION 3. Annexation (ANNX-0335-2020). The City Council does hereby approve
initiation of the process of annexing the project site into the City of San Luis Obispo, by
authorizing staff to submit an application for annexation to the San Luis Obispo Local Agency
Formation Commission (LAFCo).
Findings:
1. The project area was identified as one of three Specific Plan areas designated for
development when the General Plan Land Use and Circulation Elements update were
adopted by the City Council in December 2014. The Froom Ranch Specific Plan was
prepared to implement this aspect of the General Plan.
2. The Froom Ranch Specific Plan is within the City’s Sphere of Influence as defined by
LAFCo, which is an area designated for eventual annexation provided that City services
can be provided, and that the annexation is otherwise consistent with LAFCo policies.
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Resolution No. _____ (2020 Series) Page 25
R ______
3. The Froom Ranch Specific Plan as conditionally approved, provides a framework for
providing the necessary City services.
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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O ______
ORDINANCE NO. _____ (2020 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, ESTABLISHING PREZONING AND
AMENDMENT OF THE CITY’S ZONING MAP TO APPLY UPON
ANNEXATION OF PROPERTIES WITHIN THE FROOM RANCH
SPECIFIC PLAN AREA (SPEC-0143-2017, SBDV-0955-2017, GENP-0737-
2019, ANNX-0335-2020, EID-0738-2019; SPECIFIC PLAN AREA 3; 12165
AND 12393 LOS OSOS VALLEY ROAD)
WHEREAS, City General Plan Land Use Element Policies 1.13.3 (Annexation Purpose
and Timing), 1,13,6 (Required Plans), and 8.1.1 (Specific Plan/General Plan Amendment) require
the preparation of a Specific Plan for the Froom Ranch (Madonna on LOVR) area prior to
annexation and further development; and
WHEREAS, a Draft Specific Plan has been prepared for the Froom Ranch (Madonna of
LOVR) area pursuant to the General Plan and the State Government Code; and
WHEREAS, on August 12, 2020 the Planning Commission held a public hearing to
consider the recommendation of staff and consider the Specific Plan map, text, and necessary
changes to the General Plan Map and Zoning Map to implement the Specific Plan for the purpose
of making a recommendation to the City Council; and
WHEREAS, on August 12, 2020 the Planning Commission recommended that the City
Council certify the Final Environmental Impact Report for the Froom Ranch Specific Plan with
findings of significant environmental effects, mitigation measures, and the statement of overriding
considerations; and
WHEREAS, on September 15, 2020, the City Council held a public hearing to consider
the recommendations of the Planning Commission and staff, and to consider the Specific Plan
map, text, and necessary changes to the General Plan Map and Text and Zoning Map to implement
the Specific Plan; and
WHEREAS, the Specific Plan is consistent with the City’s General Plan, as amended; and
WHEREAS, as a result of its deliberations, the City Council has decided to adopt the
Froom Ranch Specific Plan and an ordinance is required to implement the zoning identified in the
Specific Plan.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Environmental Determination. The City Council has certified the Final
Environmental Impact Report (EIR) for the Froom Ranch Specific Plan and finds that the EIR
adequately addresses the potential significant environmental impacts of the proposed Zoning Map
amendment, and reflects the independent judgement of the City Council.
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Ordinance No. _____ (2020 Series) Page 2
O ______
SECTION 2. Zoning Map Amendment and Pre-zoning. The City Council hereby pre-
zones the properties as shown in “Exhibit A” such that the zoning becomes effective upon
annexation.
SECTION 3. Summary. A summary of this ordinance, approved by the City Attorney,
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 a newspaper published and circulated in the City of San Luis
Obispo. This ordinance shall go into effect at the expiration of thirty (30) days after its final
passage.
INTRODUCED on the ____ day of ________ 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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Drainage 4Drainage 4
150-FOOT E L EVATION CONTO
UR LIN
EProposed Froom Creek RealignmentF ro o m C r e e k *Prefumo CreekSan Luis Obispo Creek101
CALLE JOAQUINLOS OSOS VALLEY ROADLOS OSOS VALLEY ROADCALLE JOAQUINAUTO PARK WAYAUTO PARK WAYIRISH HILLSIRISH HILLS
NATURALNATURAL
RESERVERESERVE
VISITOR SERVING COMMERCIALVISITOR SERVING COMMERCIAL
(HOTELS)(HOTELS)
COSTCOCOSTCO
MOUNTAINBROOKMOUNTAINBROOK
CHURCHCHURCH CALLE JOAQUINCALLE JOAQUINLOS OSOS VALLEY ROADAUTO PARK WAYIRISH HILLS
NATURAL
RESERVE
VISITOR SERVING COMMERCIAL
(HOTELS)
COSTCO
MOUNTAINBROOK
CHURCH
F ro o m C r e e k *Prefumo CreekSan Luis Obispo CreekUNINCORPORATEDUNINCORPORATED
SAN LUIS OBISPOSAN LUIS OBISPO
COUNTYCOUNTY
UNINCORPORATED
SAN LUIS OBISPO
COUNTY Proposed Froom Creek RealignmentVILLAGGIOVILLAGGIO
LIFE PLANLIFE PLAN
COMMUNITYCOMMUNITY
MADONNA FROOMMADONNA FROOM
RANCHRANCH
VILLAGGIO
LIFE PLAN
COMMUNITY
MADONNA FROOM
RANCH
AUTOAUTO
DEALERSHIPSDEALERSHIPS
IRISH HILLSIRISH HILLS
PLAZAPLAZA
SHOPPINGSHOPPING
CENTERCENTER
IRISH HILLS
PLAZA
SHOPPING
CENTER
AUTO
DEALERSHIPS
CITY OFCITY OF
SAN LUIS OBISPOSAN LUIS OBISPO
CITY OFCITY OF
SAN LUISSAN LUIS
OBISPOOBISPO
CITY OF
SAN LUIS OBISPO
CITY OF
SAN LUIS
OBISPO
Drainage 3
Drainage 4
Drainage 2
Drainage 1
150-FOOT E L EVATION CONTO
UR LIN
EEMERGENCYEMERGENCY
ACCESSACCESS
POINTPOINT
EMERGENCY
ACCESS
POINT
EMERGENCYEMERGENCY
ACCESSACCESS
EMERGENCY
ACCESS
LOWER
AREA
UPPER
TERRACE
LEGEND
Proposed Specific Plan Land Use
Project Site
Villaggio (Private)
Madonna Froom Ranch
Public Site Access
Roadways: 5.9 acres
Easement for Relocated
Stormwater Basin: 7.1 acres
Reconfigured Open Space
and Agricultural Conservation
Easement
C-R-SP – Retail
Commercial/General
Commercial: 3.0 acres
C/OS-SP – Conservation/
Open Space: 66.2 acres
PF-SP – Public Facilities:
3.6 acres
R-3-SP – Medium-High Density
Residential: 29.2 acres
R-4-SP – High Density Residential:
1.8 acres
*Notes: Roadways within Villaggio are private and are included as
part of the medium high density residential land use.
Froom Creek would be realigned.
Project Land Use Plan 1
FIGURE
Aerial Source: Google 2018.
0 500
SCALE IN FEET
N
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blank.
Department Name: Community Development
Cost Center: 4003
For Agenda of: September 15, 2020
Placement: Public Hearing
Estimated Time: 60 minutes
FROM: Michael Codron, Community Development Director
Prepared By: Brandi Cummings, Contract Planner
SUBJECT: A PUBLIC HEARING TO INTRODUCE AN ORDINANCE REZONING AND
AMENDING THE SPECIFIC PLAN DESIGNATION FOR THE PROPERTY
AT 660 TANK FARM ROAD AND AMENDING THE AIRPORT AREA
SPECIFIC PLAN DESIGNATION FOR 3985 BROAD STREET;
CONSIDERATION OF A GENERAL PLAN AMENDMENT APPROVING
DEVELOPMENT OF AN ASSISTED LIVING FACILITY
RECOMMENDATION
1. As recommended by the Planning Commission, adopt a Resolution (Attachment A)
amending the General Plan for 660 Tank Farm Road from Business Park to Community
Commercial and approving: Vesting Tentative Tract Map to create five (5) lots, Major
Development Review for the assisted living facility, Creek setback exception, design
exception, and adopting the Final Mitigated Negative Declaration of Environmental Review
(Attachment H); and
2. Introduce an Ordinance (Attachment B) amending Zoning, and Specific Plan designations of
660 Tank Farm Road from Business Park (BP-SP) to Community-Commercial with the
Specific Plan and Special Focus overlay (C-C-SP-SF), and changing the Specific Plan
designation for the property at 3985 Broad Street to Community-Commercial with Specific
Plan and Special Focus Overlay to be consistent with the existing General Plan and Zoning
designations (C-C-SP-SF).
SITE DATA
Applicant NKT Development LLC
Westmont Development LP
Representative Carol Florence, Oasis Associates
Zoning Community Commercial with Special Focus Overlay (C-C-SF)
Business Park with Airport Area Specific Plan Overlay (BP-SP)
Airport Area Specific Plan Conservation Open Space Overlay
(C/OS-SP)
General Plan Business Park (BP)
Community Commercial with Special Focus Overlay (C-C-SF)
Conservation Open Space (C/OS-SP)
Site Area 10.07 acres
Environmental
Status
An initial study of environmental impacts has been prepared
with a recommendation for a Mitigated Negative Declaration.
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REPORT-IN-BRIEF
The applicant has proposed a two-story, 133,655 square foot assisted living facility (Westmont
Living facility) with 139 units. The project site is approximately 10-acres and located at the
northwest corner of Broad Street and Tank Farm Road in the Airport Area Specific Plan (AASP).
The majority of the site was rezoned to have a Special Focus Overlay when the 2014 Land Use
and Circulation Element (LUCE) was adopted. The Special Focus Overlay for the site includes
general policy direction that the site will be used as a mixed-use site, provide a strong
commercial presence, include appropriate buffers for creek protection, and pay attention to
connectivity, safety and comfort of bicycle and pedestrian circulation.1
In response to Planning Commission feedback and direction from the Architectural Review
Commission on the original project (Attachment C and E), the project was revised to include
features which enhanced the connectivity of the project components, added additional pedestrian
connection and circulation around the site, and modified architectural design components. On
April 10, 2019, the Planning Commission reviewed the revised project and voted unanimously to
recommend the City Council grant final approval of the project (Attachment D) and adopt the
associated Mitigated Negative Declaration.
The applicant has since revised the development project and is only moving forward with the
Westmont Living facility at this time. However, the recommended General Plan Amendment,
Specific Plan Amendment, and Rezoning apply to the whole site and enable a new commercial
project to be proposed for the corner of Tank Farm and Broad Street. The assisted living and
memory care facility remains as originally proposed. As no changes are proposed to Westmont
Living facility, that project can proceed with City Council hearing, as this part of the project is
still consistent with the previous review of the Architectural Review Commission and Planning
Commission.
The applicant has indicated that future development proposal on the eastern portion of the project
site would include replacing the proposed grocery store use with a medical office and a reduction
in the amount of proposed retail/restaurant space. Any future development, on the eastern
portion of the project site would be processed as a separate entitlement and will require a
separate Architectural Review Commission review and Planning Commission approval.
DISCUSSION
Project Description
The applicant is proposing a five (5) lot subdivision on two (2) parcels with a combined area of
approximately 10.07 acres. Lot 1 of Vesting Tentative Tract Map (VTTM) 3115 would include
the assisted living facility on 4.79 acres, and Lots 2-5 would support future commercial and
office development on 5.28 acres. The proposal is located within the Airport Area Specific Plan
(AASP) located at 3985 Broad Street and 660 Tank Farm Road, San Luis Obispo, CA 93401
(APNs: 053-421-003 and -004). The two-parcel, 10±-acre property, contains a single-family
residence at 660 Tank Farm Road, while 3985 Broad Street is currently vacant.
1 General Plan Land Use Element Policy 8.13 Broad Street at Tank Farm Road Site
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The applicant is requesting a General Plan amendment to change the land use designation of
parcel 053-421-004 from Business Park (BP) to Community Commercial (C-C), an Airport Area
Specific Plan (AASP) amendment to change the specific plan designation of both parcels from
Business Park (BP) to Community Commercial (C-C), and a rezone to change the zoning
designation of parcel 053-421-004 from Business Park (BP) to Community Commercial (C-C-
SF-SP). These changes would allow for a wide range of retail sales and personal services that
serve communitywide needs within the context of distinctive, pedestrian-oriented shopping
centers which may accommodate larger scale uses not appropriate in the Downtown Core. The
existing Conservation/Open Space (C/OS) designations along the creek corridor along the
western property line would remain.
The amendments would allow for the development of an assisted living facility and memory care
facility (Westmont Living) that would occupy the westerly portion of the project site and would
include 139 living units and support/administrative space in a 133,656 square-foot, two-story
independent building, serving residents of 60 years in age and older. Westmont Living would be
a retirement community that provides a spectrum of living options.
Commercial Corner (Broad/Tank Farm)
Final approval for proposed development at the corner of Broad and Tank Farm is not being
sought at this time. However, the applicant has indicated that a future development project would
likely include a commercial center consisting of a medical office and retail/restaurant space.
Conceptual site plans show that the proposed medical office would likely be a 45,000 square-
foot independent detached building located near the SESLOC property to the north. The medical
office would likely house the Dignity Health Comprehensive Cancer Center, an outpatient cancer
treatment and education center. The proposed retail/restaurant development may consist of three
(3) buildings for retail or restaurant use totaling 15,000 square feet in three (3) independent
detached buildings (5,000 square feet each).
Figure 1. Rendering of the Westmont Living facility
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To facilitate potential future California Environmental Quality Act (CEQA) streamlining when a
development project application is submitted for the eastern portion of the project site, the
Mitigated Negative Declaration (MND) analyzes the potential environmental effects of possible
future development projects that could be allowed by the General Plan amendment, Airport Area
Specific Plan Amendment, and rezone, including the conceptual plan for the commercial center,
as discussed above. However, this analysis is not conducted on a project-specific level since
development plans and details may change.
The conceptual site plan for the commercial center is configured with retail/restaurant buildings
along the southeastern corner of the site, adjacent to the Tank Farm-Broad Street intersection.
The proposed medical office would be located at the northeast corner of the site, across from
SESLOC and fronting Broad Street. Parking would primarily be located at the interior of the site,
between the commercial center uses and the Westmont Living facility. Additional parking for the
Westmont Living facility would be located west of the building, parallel to Orcutt Creek.
Project construction would begin with mass grading of the entire project site followed by
development of the Westmont Living development. The Westmont Living facility would be
phased, with 72 assisted living suites and 28 memory care studio units in the first phase and 39
assisted living suites in the second phase. Any development proposed on the eastern portion of
the project would require review and approval for the appropriate entitlements based on the
proposed uses of the commercial center and the project’s consistency with the General Plan,
Airport Area Specific Plan, zoning regulations, and this environmental document, or subsequent
environmental analysis.
Proposed uses, building and lot sizes, and associated parking on each lot are shown in Table 1,
below.
Table 1: Project Statistics
Lot Use Lot Size
(acres)
Building floor
area (sf)
Building
footprint (sf)
Vehicle spaces
provided
Bicycle parking
provided
Lot 1 Assisted living and
memory care 4.79 133,655 77,750 70 6 short-term
5 long-term
Lot 2 Retail/ Restaurant1 0.69 5,0001 5,0001
Lot 3 Retail/ Restaurant1 0.98 5,0001 5,0001
Lot 4 Retail/ Restaurant1 0.93 5,0001 5,0001
Lot 5 Medical Office1 2.68 45,0001 17,9921
1) No application for development has been submitted for lots 2 -5. Future development would require additional
review and entitlement actions. This statistic represents one possible development scenario for the lo t based on
conceptual information from the applicant.
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Creek Setback Exception
The project is seeking a creek setback exception to encroach into approximately 4,963 square-
feet of the setback area for road improvements. To minimize potential impacts to 0.19 acre of
seasonal wetland and ephemeral drainage area through project design, the project includes the
enhancement of approximately 0.06 acres of wetland along the Orcutt Creek corridor, which
would constitute a 3:1 replacement ratio. The enhancement plan provides for the removal of
invasive non-native species and planting of native plants in the northwest corner of the site and
creek setback areas along Orcutt Creek (see Figure 2 below).
Figure 2. Wetland Replacement and Riparian Enhancement Areas
(Note: commercial buildings are shown for conceptual purposes only)
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The proposed project abuts Orcutt Creek as it extends along the western edge of the property,
near the Westmont Living facility. The project proposes a creek setback exception, primarily to
allow a uniform extension of the proposed perimeter road to extend along this edge of the
property (Figure 3, below).
Figure 3 – Creek Setback Exception Areas Adjoining Assisted Living Facility
Zoning standards require a 35’ setback from the creek, and for the majority of the site adjoining
the creek this minimum setback is provided. There are three (3) areas where the placement of
the road infringes on this setback. Two (2) of these areas paralleling the creek, totaling just
under 5,000 sf in area, vary between 1’-12’ in depth. The third area would be the crossing of the
creek with the bridge access from the Agera Grove development at 650 Tank Farm Road. As
noted in Figure 3 above, an area for wetlands enhancement is proposed that can be used in
addition to the corridor enhancement areas to offset the loss of area with this creek setback
exception. In staff’s analysis, the creek setback exception request can be supported since the
encroachment is minor and the project incorporates mitigation and creek restoration. The creek
restoration consists of removal of invasive non-native species and replanting with native
plantings2.
2 COSE Policy 8.7.2 Enhance and restore open space. B. Establish self-sustaining populations of native species that
were historically found in natural habitat areas. 2. To reverse historical trends of creek channelization and
modification, re-establish native riparian vegetation.
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Airport Area Specific Plan Amendment
To be consistent with the LUCE Update in 2014, the proposed amendment to the AASP is to
modify the AASP land use designation from Business Park-Specific Plan to Community-
Commercial-Specific Plan with Special Focus Overlay (C-C-SF-SP) on the entire project site.
The approximately 1.4 acre site at 660 Tank Farm Road at the westerly end of the site adjacent to
Orcutt Creek also requires a General Plan Amendment and Rezone to be consistent with the
application of the C-C-SF-SP zoning to the whole project site (Figure 4, below, and Attachment
B, Exhibit A). The proposed text amendments to the AASP to incorporate the proposed project
into the Specific Plan and to reflect the Special Focus Area are appended to Attachment B as
Exhibit B.
Figure 4. General Plan, Rezone, and Specific Plan Amendment Exhibit
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Project Site Plan
The proposed site plan provides for needed points of connection to the City’s utilities and
circulation systems. The retail/office center and assisted living buildings will have domestic
water, recycled water, sewer, and fire services.
The proposed street frontage improvements for both Tank Farm Road and Broad Street consist of
curb, gutter and sidewalk, and parkways along the project frontages as depicted in the AASP.
The proposed Broad Street entry to the project site will require removal of the right-in/right-out
entry to the SESLOC property.
All roadway improvements reflect the proposed sections noted in the AASP with the exception
that the travel lanes on Tank Farm Road are proposed as eleven (11) feet versus twelve (12) feet,
which is supported by staff. Constraints associated with a “full width” build-out of this road
include: 1) conflicts with the existing drainage facilities at the Mindbody intersection; 2)
relocation of the existing traffic signal pole and facilities; and 3) a sixteen (16) foot jog in the
west bound through lane at the intersection to otherwise widen to the full width Public Works
requirements.
Energy
The project is subject to requirements of the City’s Energy Reach Code for Non-Residential new
construction as either an All-Electric or Mixed-Fuel Building. If an All-Electric Building is
proposed, at the time of construction permit application, the applicant will be required to
demonstrate compliance with the 2019 California Building Code and Reach Code Solar
Requirements. Due to kitchen and meal prep requirements of the facility, it is anticipated that
new construction will have to meet requirements for a Mixed-Fuel Building. As a Mixed-Fuel
Building, the Reach Code requires that the building meet energy budget use requirements and
install a Solar PV system sized to minimum requirements.
Site Circulation
As noted previously, the project site currently has accommodated off-site circulation goals of the
Circulation Element; namely the extension of the Industrial Way-Broad Street roadway through
the SESLOC site and continuing to the Mindbody signalized intersection at Tank Farm Road,
and the potential connection to the secondary access to the project at 650 Tank Farm Road – also
exiting on this perimeter road connection. Access to this perimeter road will be provided on the
Westmont Living facility property to the 650 Tank Farm Road project site to the west via a
bridge crossing on Orcutt Creek. This bridge will be designed and installed consistent with the
conditions, mitigation measures, and requirements of the project at 650 Tank Farm Road.
As noted above, the project would provide an easement to the 650 Tank Farm Road site for the
future construction of a bridge over Orcutt Creak, which would allow for connection of
pedestrian and bicycle facilities between the project site and the 650 Tank Farm Road project.
The 650 Tank Farm Road project includes a pedestrian path along Acacia Creek that would
connect to the Damon-Garcia Sports Complex, consistent with the AASP circulation plan.
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The project is conditioned to provide several bicycle infrastructure improvements, including the
installation of bike racks near building entrances and pathway lighting along the through access
roadway/bikeway from the northern property boundary to Tank Farm Road. Pedestrian access
would be provided to the site from existing sidewalks along Broad Street and Tank Farm Road,
and the project would construction internal pedestrian access between the project site and the
SESLOC property. The project would also be required to provide easements and construct a bus
turnout south of the Broad Street ingress/egress, which would encourage non -vehicle
transportation.
The project contributes to the Circulation Element’s goals of reducing vehicle use by supporting
alternative modes of transportation such as walking and bicycling, and the development of a
circulation system that balances needs of all circulation modes. The project is consistent with
General Plan Policies 2.2.4 and 2.2.5, which discus site connectivity with the surrounding
neighborhood, as the project would provide pedestrian and bicycle connections to the nearby
employment centers at Mindbody and along the Broad Street corridor, and to retail services at
the Marigold Shopping Center.
San Luis Obispo County Airport Land Use Plan (ALUP) Consistency
On August 15, 2018, and again on September 19, 2018, the Airport Land Use Commission
(ALUC) considered a referral of this project from the City. On September 19, 2018, the ALUC
found the Westmont Living facility and commercial center project, including amendments to the
City’s AASP, were consistent with the County’s ALUP based on a series of findings and
conditions (Attachment F). Future development on the eastern portion of the project site would
require a consistency finding with the ALUP and could result in additional conditions from the
ALUC.
Architectural Review Commission
The ARC reviewed the Westmont Living facility on October 15, 2018. During their review the
ARC provided direction on a number of building and site design issues. The applicant has
responded to ARC comments and (Attachment E, ARC Response) included more articulation to
the pedestrian paths of travel, expand variety and landscape treatments along project frontages,
particularly Tank Farm Road, modified building designs to simplify materials and roof forms,
use of canopies and arcades to tie the walkways together and avoid white and mustard color
treatments, preferring a more subdued color theme. With these comments the ARC
recommended the Planning Commission find the project consistent with AASP and Community
Design Guideline standards for development in this area.
Planning Commission
In response to previous Planning Commission conceptual review feedback provided on June 13,
20183and direction from the Architectural Review Commission on the original project
(Attachment C and E), the project was revised to include features which enhanced the
connectivity of the project components, added additional pedestrian connection and circulation
around the site, and modified architectural design components.
3 The Planning Commission’s conceptual policy review of the project was to consider the Special Focus Area
policies and provide any direction to staff and the applicant prior to formal review of project entitlements.
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On April 10, 2019, the Planning Commission reviewed the revised project and considered all of
the project entitlement components including the General Plan Amendments, Rezone, Specific
Plan Amendments, Subdivision, Creek Setback Exception, Architectural review, and associated
environmental review Initial Study-Mitigated Negative Declaration (IS-MND). The Planning
Commission unanimously voted to recommend the City Council grant final approval of the
project (Attachment D) and all associated entitlements and adopt the associated Mitigated
Negative Declaration.
Previous City Council Review
The City Council previously reviewed the project on May 7, 2019. The item was continued with
Council feedback on four main items including solar panels for the assisted living facility,
electric vehicle charging code compliance, inclusion of green waste disposal (composting), and
inclusion of the transit easement condition along Broad Street. The Council also noted concerns
that the bicycle facilities need to be integrated and functional.
At the time the Council heard the item previously, the Reach Code was still in development and
the 2019 Building Code had not yet taken effect. As discussed in the Energy Section above, the
Reach Code now applies to the project and it is anticipated the applicant will have to incorporate
substantial energy efficiency including solar panels to be in compliance with this code. The
current application is also subject to all current Electric Vehicle (EV) parking requirements. The
project will be required to provide at least 10% EV ready spaces and 25% EV capable4 spaces
per current Zoning Regulations. At the May 7, 2019 meeting the applicant previously committed
to implementing composting measures for the assisted living facility and a code requirement in
the resolution notes the requirement to comply with organic waste recycling requirements. As
discussed in the Site Circulation discussion above, the project is consistent with requirements for
bicycle and pedestrian facilities and the project will construct a bus turnout along with frontage
improvements adjacent to the existing SESLOC driveway to be removed on Broad Street.
Parking - Westmont Living Facility
The applicant has included the following parking calculation for the assisting living using the
continuing care community use, which staff has verified is consistent with and exceeds
requirements of the Zoning Regulations.
Table 2: Westmont Living Facility Parking
4 EV Ready spaces are equipped with full electric vehicle charging equipment and EV Capable spaces are served by
an empty raceway to supply power for future EV charging stations at any given time.
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Environmental Review
An initial study has been prepared in accordance with the California Environmental Quality Act
(CEQA) to evaluate the potential environmental effects of the proposed project. A Mitigated
Negative Declaration (MND) is recommended for adoption (see Attachment H). Mitigation
measures in the areas of Air Quality, Biological, Cultural Resources/Tribal Cultural Resources,
Greenhouse Gas, Noise, and Transportation, are recommended to reduce potential impacts to less
than significant levels.
The Draft IS/MND was released for the 30-day public review period on August 6, 2020 and the
public review period will conclude on September 6, 2020. Comments received on the Draft
IS/MND were incorporated as appropriate into the Final IS/MND. The Final IS/MND is
available at the following website: http://www.slocity.org/government/department-
directory/community-development/documents-online/environmental-review-documents
Policy Context
The project is consistent with several community goals, policies and programs for the
development that relate to the project site including Special Focus Area policies, Neighborhood
Connections, Mixed-use Developments and Convenience, and Neighborhood Compatibility.
Attachment G provides the full consistency General Plan and Specific Plan analysis narrative.
Public Engagement
Consistent with the City’s Public Engagement and Noticing (PEN) Manual, the project was
noticed per the City’s notification requirements for Development Projects. A newspaper legal
advertisement was posted in the Tribune 30 and 13 days prior to the Planning Commission
meeting for the notification of environmental determination and review of the project
respectively. A legal advertisement was posted in the New Times 13 days prior to the City
Council meeting. Additionally, postcards were sent to both tenants and owners of properties
located within 300 feet of the project site 10 days before each advisory body 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 each of the
hearings.
CONCURRENCE
The project has been reviewed by various City departments and divisions including: Planning,
Engineering, Transportation, Building, Utilities, and Fire. Comments have been incorporated
into the presented evaluation and conditions of approval.
CONSISTENCY COVID-19 ORDERS AND CURRENT FISCAL CONTINGENCY PLAN
The activity is presently allowed under the State and Local emergency orders associated with
COVID-19. This project and associated staff work will be reimbursed directly or indirectly
through fees and therefore is consistent with the guidance of the City’s Fiscal Health
Contingency Plan.
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FISCAL IMPACT
Budgeted: No Budget Year: N/A
Funding Identified: No
When the General Plan was prepared, it was accompanied by a fiscal impact analysis, which
found that overall, the General Plan was fiscally balanced. The new assisted living use and future
commercial uses would be expected to increase property tax and sale tax revenues for the City
while also increasing municipal service costs. An overall positive fiscal impact to the City is
anticipated. With respect to the cost of processing the application and the associated IS/MND,
these have been the responsibility of the applicant, and hence these actions do not have an impact
on City finances.
ALTERNATIVES
1. Continue consideration of the project. The Council may continue its review of the project to
a date certain hearing if additional time or 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.
2. Direct changes to the project proposal. The Council may direct staff and the applicant to
make specific changes to the project. Direction on changes should be specific and preferably
within the scope of the environmental document prepared for the project. Changes beyond
the scope of the IS/MND prepared for the project would require additional environmental
review and delay the project entitlement process.
3. Deny the project. The Council may deny the project, based on findings of inconsistency with
California State Law, the City’s General Plan, Zoning Regulations, and other applicable City
regulations.
Attachments:
a - Draft Resolution
b - Draft Ordinance
b - Exhibit A to Draft Ordinance
c - COUNCIL READING FILE - Applicant Narrative, PC Minutes, and ARC Minutes
d - Planning Commission Resolution No. PC1002-2019
e - Oasis Associates Response to ARC Review
f - ALUC Consistency Findings and Conditions
g - General Plan and Specific Plan Consistency Analysis
h - COUNCIL READING FILE - Project Plans
i - COUNCIL READING FILE - Initial Study and Mitigated Negative Declaration
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RESOLUTION NO. ______ (2020 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
LUIS OBISPO, CALIFORNIA, APPROVING THE GENERAL PLAN
AMENDMENT FOR 660 TANK FARM ROAD, VESTING TENTATIVE
TRACT MAP, CREEK SETBACK EXCEPTION, AND MAJOR
DEVELOPMENT REVIEW APPROVING DEVELOPMENT OF AN
ASSISTED LIVING FACILITY AND ADOPTING A MITIGATED
NEGATIVE DECLARATION OF ENVIRONMENTAL REVIEW AS
REPRESENTED IN THE CITY COUNCIL AGENDA REPORT AND
ATTACHMENTS DATED SEPTEMBER 15, 2020 (660 TANK FARM
ROAD, 3985 BROAD STREET; EID-1484-2018, SPEC-1482-2018, SBVD-
1483-2018, ARCH-1486-2018)
WHEREAS, t he Planning Commission conducted a public hearing in the Council
Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on April 10, 2019 ,
and recommended that the City Council approve the proposed project which includes a Specific
Plan Amendment, General Plan Amendment and Rezone, Tentative Tract Map, Creek setback
exception, and Architectural review to allow a 133,656 square foot assisted living facility including
139 living units and support services; and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing
on September 15, 2020 in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo,
California, for the purpose of considering the project and associated entitlements; and
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law; and
WHEREAS, State Planning Law allows any mandatory element of the General Plan to be
amended as many as four times in a calendar year and no amendments to the Land Use Element
have occurred this calendar year; 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. The City Council does hereby approve the proposed project
(SPEC-1482-2018, SBVD-1483-2018, ARCH-1486-2018) that includes a Specific Plan
Amendment, General Plan Amendment and Rezone, Tentative Tract Map, Creek setback
exception, and Architectural review to allow development of an assisted living facility up to
133,656 square feet in size including 139 living units and support services based on the following
findings:
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General Plan Amendment, Rezone, and Airport Area Specific Plan Amendment Findings:
1. The proposed amendments to the General Plan, including the rezone, and Airport Area
Specific Plan land use amendments as shown in Exhibit A bring the parcels included in the
project into consistency with existing zoning of the subject parcel which was rezoned to
Community-Commercial with Special Focus Overlay (C-C-SF) when the 2014 Land Use
and Circulation Element update was adopted.
2. The proposed amendments are consistent with policy objectives of the Broad Street and
Tank Farm Road Special Focus area since it would allow for a mix of uses with a strong
commercial presence at the intersection.
3. The AASP as amended is consistent with policy direction for the area included in the
General Plan and in particular the following General Plan policies:
a. LUE Policies 2.2.4 and 2.2.5 provide for neighborhood connections in new
projects, both internally and externally so as to integrate new projects into the
neighborhoods in which they are proposed, as well as take advantage of
opportunities for locating new development close to major employers, retailing and
multi -modal transportation facilities;
b. LUE Policies 2.3.1, 2.3.6 and 2.3.9, which promote quality neighborhoods and
infill development, because the project is located within walking distance to
MindBody Headquarters, SESLOC, other nearby employers as well as retail uses
and personal services;
c. LUE Policy 3.4.1 encourages mixed-use projects in Community-Commercial
districts to provide support services near retailing and office facilities;
d. LUE Policy 8.13 establishes the “Special Focus” Area #12 at the subject site to
facilitate improvements to bicyclist and pedestrian facilities in the project area, and
by integrating uses within the larger established Tank Farm-Broad Street
neighborhood reduce vehicle trips and provide additional employment and retailing
opportunities to this part of town; and
e. The AASP as amended is also consistent with all other applicable General Plan
policies, as described and analyzed in the April 10, 2019 staff report to the Planning
Commission for this project.
4. On September 19, 2018, the County of San Luis Obispo Airport Land Use Commission
found the Westmont Living Facility to be consistent with the Airport Land Use Plan under
authority of Section 2.7 of the ALUP.
5. Amendments as proposed to the AASP will not be detrimental to the surrounding area or
cause a decline in quality of life for residents, employees and others in the project vicinity
since the project has been reviewed and conditioned by City Departments for conformance
with area plans, standards, policies, and regulations applicable to the site.
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Vesting Tentative Tract Map, and Architectural Review findings:
1. The site is physically suitable for the type and density of development proposed, and as
otherwise allowed in the Community -Commercial Zone with Specific Plan and
Special Focus Overlay (C -C -SP-SF).
2. As conditioned, the design of the Vesting Tentative Tract Map is consistent with the
General Plan because the proposed subdivision respects existing site constraints, will
incrementally add to the City’s commercial and adult/senior care inventory, results in
parcels that meet prescribed density standards, and will be consistent with the development
standards of the Airport Area Specific Plan (AASP).
3. The design of the vesting tentative tract map and the proposed improvements as designed
and conditioned herein are not likely to cause serious health problems, substantial
environmental damage or substantially and unavoidably injure fish or wildlife or their
habitat.
4. 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 Declaration (IS-MND).
5. The development provides a public benefit because it provides an assisted living facility
not otherwise available in the immediate area and would allow for a mix of future
commercial and office uses, it is located along a major transit, bike, and pedestrian corridor,
and is in close proximity to workplaces and services.
6. The proposed design exception to allow 11’ travel lanes on Tank Farm Road respond to
existing constraints and are supported by the Public Works Transportation Division since
the minor exception will continue to permit reconfiguration of travel lanes to maximize
safe vehicle movements through the area in a manner consistent with the Circulation
Element.
7. The proposed creek setback exception will permit an appropriate buffer to be established
along the area of the creek-way, will account for the irregular configuration of the subject
property in this area, includes creek habitat restoration, and will not result in a reduction of
open space along this section of Orcutt Creek that would otherwise compromise habitat
protection in the area and is consistent with the policies of the Conservation and Open
Space Elements of the General Plan.
SECTION 2. California Environmental Quality Act (CEQA), Findings, Mitigation
Measures, and Mitigation Monitoring Program. The City Council hereby adopts the Final Initial
Study-Mitigated Negative Declaration (IS-MND, SCH #2019049030), finding it adequately
identifies the projects potential impacts with incorporation of the following mitigation measures
and monitoring programs:
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Air Quality
AQ-1 Standard Control Measures for Construction Equipment
The following standard air quality mitigation measures shall be implemented during the
site preparation and grading phases of construction at the project site:
• Maintain all construction equipment in proper tune according to manufacturer’s
specifications;
• Fuel all off-road and portable diesel powered equipment with CARB-certified motor
vehicle diesel fuel nontaxed version suitable for use off-road);
• Comply with the State Off-Road Regulation;
• Use on-road heavy-duty trucks that meet the CARB’s 2007 or cleaner certification
standard for on-road heavy-duty diesel engines, and comply with the State On-Road
Regulation;
• Construction or trucking companies with fleets that do not have engines in their fleet
that meet the engine standards identified in the above two measures (e.g. captive or
NOX exempt area fleets) may be eligible by proving alternative compliance;
• All on and off-road diesel equipment shall not idle for more than 5 minutes. Signs
shall be posted in the designated queuing areas and or job sites to remind drivers and
operators of the 5 minute idling limit;
• Diesel idling within 500 feet of sensitive receptors shall not be not permitted;7
• Staging and queuing areas shall not be located within 500 feet of sensitive
receptors;6
• Equipment shall be electrified when feasible;
• Gasoline-powered equipment shall be substituted in place of diesel-powered
equipment, where feasible; and
• Alternatively-fueled construction equipment shall be used on-site where feasible,
such as compressed natural gas, liquefied natural gas, propane or biodiesel.
AQ-2 Best Available Control Technology. Diesel construction equipment used during the site
preparation and grading phases shall be equipped with CARB Tier 3 or Tier 4 certified off-
road engines and 2010 on-road compliant engines.
Monitoring Program: These measures shall be noted on project grading and building plans for
review and approval by the City Community Development Department. Compliance shall be
verified during construction by the City during regular inspections, in coordination with the
County of San Luis Obispo Air Pollution Control District, as necessary.
AQ-3 The project would result in ROG and NOx operational emissions that exceed the
SLOAPCD threshold of 25 lbs/day. Prior to issuance of construction permits, the applicant
shall identify at least 8 mitigation measures from Table 3-5 of the SLOAPCD CEQA Air
Quality Handbook to incorporate into the project. Prior to occupancy, final inspection, or
establishment of the use, whichever occurs first, the project shall demonstrate that it has
implemented such measures. If the project obtains a GreenPoint rating or is LEED certified,
the applicant shall only need to implement 6 mitigation measures from Table 3-5 of the
SLOAPCD CEQA Air Quality Handbook.
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Monitoring Program: These measures shall be noted on project grading and building plans for
review and approval by the City Community Development Department. Compliance shall be
verified prior to occupancy or final inspection by the City, in coordination with the County of San
Luis Obispo Air Pollution Control District, as necessary.
AQ-4 This project is greater than 4 acres and within 1,000 feet of sensitive receptors (residential
units). Construction activities can generate fugitive dust, which could be a nuisance to
residents and businesses in close proximity to the proposed construction site. Projects with
grading areas that are greater than 4-acres or are within 1,000 feet of any sensitive receptor
shall implement the following measures to manage fugitive dust emissions such that they
do not exceed the APCD’s 20% opacity limit (APCD Rule 401) or prompt nuisance
violations (APCD Rule 402):
a. Reduce the amount of the 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 APCD’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 mph. Reclaimed (non-potable)
water should be used whenever possible. When drought conditions exist and water
use is a concern, the contractor or builder should consider the use of an APCD-
approved dust suppressant where feasible to reduce the amount of water used for
dust control. Please refer to the following link from the San Joaquin Valley Air
District for a list of potential dust suppressants: Products Available for Controlling
Dust;
c. All dirt stock pile areas should 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 should be implemented as soon as possible, following completion
of any soil disturbing activities;
e. Exposed ground areas that are planned to be reworked at dates greater than one
month after initial grading should 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 should be stabilized using
approved chemical soil binders, jute netting, or other methods approved in advance
by the APCD;
g. All roadways, driveways, sidewalks, etc. to be paved should be completed as soon
as possible. In addition, building pads should be laid as soon as possible after
grading unless seeding or soil binders are used;
h. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved
surface at the construction site;
i. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or
should maintain at least two feet of freeboard (minimum vertical distance between
top of load and top of trailer) in accordance with California Vehicle Code (CVC)
Section 23114;
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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 CVC Section 23113 and California
Water Code 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 ‘trackout 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
trackout 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; and
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 APCD’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 APCD Compliance Division prior
to the start of any grading, earthwork or demolition (Contact Tim Fuhs at 805- 781-
5912).
Monitoring Program: These measures shall be noted on project grading and building plans for
review and approval by the City Community Development Department. Compliance shall be
verified during construction by the City during regular inspections, in coordination with the
County of San Luis Obispo Air Pollution Control District, as necessary.
AQ-5 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.
Monitoring Program: This applicant shall retain a registered geologist to conduct a geologic
evaluation of the property including sampling and testing for naturally occurring asbestos prior to
issuance of grading permits or prior to any site disturbance or grading activities. Compliance shall
be verified during construction by the City during regular inspections, in coordination with the
County of San Luis Obispo Air Pollution Control District, as necessary.
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AQ-6 If asbestos containing materials (ACM) are determined to be present onsite, proposed
earthwork, demolition, and construction activities shall be conducted in full compliance
with the various regulatory jurisdictions regarding ACM, including the ARB Asbestos Air
Toxics Control Measure (ATCM) for Construction, Grading, Quarrying, and Surface
Mining Operations (93105) and requirements stipulated in the National Emission Standards
for Hazardous Air Pollutants (40 CFR 61, Subpart M – Asbestos; NESHAP). These
requirements include, but are not limited to, the following:
1. Written notification, within at least 10 business days of activities commencing, to the
SLOAPCD;
2. Preparation of an asbestos survey conducted by a Certified Asbestos Consultant; and,
3. Implementation of applicable removal and disposal protocol and requirements for
identified ACM.
Monitoring Program: If asbestos containing materials (ACM) are determined to be present
onsite, this measure shall be noted on project grading and building plans for review and approval
by the City Community Development Department. Compliance shall be verified during
construction by the City during regular inspections, in coordination with the County of San Luis
Obispo Air Pollution Control District, as necessary.
AQ-7 The applicant shall implement the following measures to reduce the risk associated with
disturbance of ACM and lead-coated materials that may be present within the existing
structure onsite:
a. Demolition of the on-site structure shall comply with the procedures required by the
National Emission Standards for Hazardous Air Pollutants (40 CFR 61, Subpart M –
Asbestos) for the control of asbestos emissions during demolition activities.
SLOAPCD is the delegated authority by the U.S. EPA to implement the Federal
Asbestos NESHAP. Prior to demolition of on-site structures, SLOAPCD shall be
notified, per NESHAP requirements. The project applicant shall submit proof that
SLOAPCD has been notified prior to demolition activities to the City Community
Development Department.
b. If during the demolition of the existing structure, paint is separated from the
construction materials (e.g., chemically or physically), the paint waste shall be
evaluated independently from the building material by a qualified hazardous materials
inspector to determine its proper management. All hazardous materials shall be handled
and disposed of in accordance with local, state, and federal regulations. According to
the Department of Toxic Substances Control (DTSC), if the paint is not removed from
the building material during demolition (and is not chipping or peeling), the material
can be disposed of as non-hazardous construction debris. The landfill operator shall be
contacted prior to disposal of lead-based paint materials. If required, all lead work plans
shall be submitted to SLOAPCD at least 10 days prior to the start of demolition. The
applicant shall submit proof that paint waste has been evaluated by a qualified
hazardous waste materials inspector and handled according to their recommendation to
the City Community Development Department.
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Monitoring Program: This measure shall be noted on project grading and building plans for
review and approval by the City Community Development Department. Compliance shall be
verified during construction by the City during regular inspections, in coordination with the
County of San Luis Obispo Air Pollution Control District, as necessary.
Biological Resources
BIO-1. Vegetation Removal Timing. Vegetation removal and initial site disturbance for any
project elements shall be conducted between September 1st and January 31st outside of the
nesting season for birds. If vegetation removal is planned for the nesting bird season
(February 1st to August 31st), then preconstruction nesting bird surveys shall be required
within one week prior to construction activities to determine if any active nests would be
impacted by project construction. If no active nests are found, and vegetation removal is
conducted within 5 days of the survey and is done continuously, then no further survey
work shall be required. Additional surveys during the nesting season shall be conducted as
needed if there is any break in vegetation removal, grading and/or construction lasting more
than 5 days. If any active nests are found that would be impacted by vegetation removal,
grading and/or construction, then the nest sites shall be avoided with the establishment of
a non-disturbance buffer zone around active nests as determined by a qualified biologist.
Nest sites shall be avoided and protected within the non-disturbance buffer zone until the
young are no longer reliant on the nest site for survival (have fledged) as determined by a
qualified biologist. All workers shall receive training on good housekeeping practices
during construction that will discourage nests from being established within the work area
(e.g., cover stored pipe ends, cover all equipment being used daily, etc.) A qualified
biologist shall regularly walk the construction area to look for nest starts and review site
for good housekeeping practices. As such, avoiding disturbance or take of an active nest
would reduce potential impacts on nesting birds to a less-than-significant level.
Monitoring Program: This measure shall be noted on all grading and construction plans. In the
event vegetation removal and site disturbance are planning for the bird nesting season, the
applicant shall provide evidence that a qualified biologist has been retained to complete nesting
bird surveys, prior to any site disturbance or grading. The preconstruction surveys shall occur
within one week prior to construction activities. A report shall be submitted by the biologist to the
City Community Development Department and Natural Resources Manager within 48 hours of
completion of surveys. In the event that active nests are found, no work shall commence in the
nest buffer zone until the qualified biologist has provided clearance to commence work. Such
clearance shall be provided to the City Community Development Department and Natural
Resources Manager within 24 hours of such determination. The City Community Development
Department and Natural Resources Manager shall verify compliance.
BIO-2. Clean Water Act Permitting. The applicant shall obtain Clean Water Act (CWA)
regulatory compliance in the form of a permit from the U.S. Army Corps of Engineers
(Corps) or written documentation from the Corps that no permit would be required for the
proposed road crossing. Should a permit be required, the applicant shall implement all the
terms and conditions of the permit to the satisfaction of the Corps. Corps permits and
authorizations require applicants to demonstrate that the proposed project has been
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designed and will be implemented in a manner that avoids and minimizes impacts on
aquatic resources to the extent practicable. Compliance with Corps permitting would also
include obtaining and CWA 401 Water Quality Certification from the Regional Water
Quality Control Board (RWQCB). In addition, the Corps and RWQCB may require
compensatory mitigation for unavoidable permanent impacts on waters of the U.S./State to
achieve the goal of a no net loss of wetland values and functions. As such, with
implementation of the 3:1 ratio of creek enhancement mitigation plantings and regulatory
compliance would reduce potential impacts on waters of the U.S. to a less than significant
level.
Monitoring Program: The applicant shall obtain a permit from the Corps prior to issuance of
grading or construction permits, or prior to any site disturbance or grading activities.
BIO-3. Streambed Alteration Agreement. The applicant shall obtain compliance with Section
1602 of the California Fish and Game Code (Streambed Alteration Agreements) in the
form of a completed Streambed Alteration Agreement or written documentation from the
CDFW that no agreement would be required for the proposed road crossing. Should an
agreement be required, the property owners shall implement all the terms and conditions
of the agreement to the satisfaction of the CDFW. The CDFW Streambed Alteration
Agreement process encourages applicants to demonstrate that the proposed project has
been designed and will be implemented in a manner that avoids and minimizes impacts in
the stream zone. In addition, CDFW may require compensatory mitigation for unavoidable
permanent impacts on waters of the State. As such, with implementation of the 3:1 ratio of
creek enhancement mitigation plantings and regulatory compliance would reduce potential
impacts on waters of the U.S. to a less than significant level.
Monitoring Program: The applicant shall provide evidence of compliance prior to issuance of
grading or construction permits, or prior to any site disturbance or grading activities. The City
Community Development Department and Natural Resources Manager shall verify compliance.
BIO-4. Wetland Replacement and Riparian Enhancement Plan. The applicant shall retain a
qualified biologist to prepare a wetland replacement and riparian enhancement plan. The
plan shall provide for a minimum of 3:1 mitigation area for the wetland area to be impacted
and shall be designed to the satisfaction of the Corps, RWQCB, and CDFW. The plantings
for the riparian enhancement area shall include native species and shall be placed in a
manner to ensure their success. The plan shall include a cost estimate for the
implementation of the plantings. The applicant shall implement the wetland replacement
and riparian enhancement plan within 60 days of completion of grading and site
disturbance activities.
Monitoring Program: The applicant shall submit the plan prior to issuance of grading or
construction permits, or prior to any site disturbance or grading activities. The plan shall be
implemented within 60 days of completion of grading and site disturbance activities. The City
Community Development Department and Natural Resources Manager shall verify compliance.
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BIO-5. Wetland Replacement and Riparian Enhancement Plan Monitorin g. The applicant
shall retain a qualified biologist or landscape architect for the purpose of monitoring the
success of the mitigation planting area. The monitoring contract shall include a requirement
that the monitor conduct, at a minimum, an annual site visit and assessment of the planting
success for 10 years and an annual submittal of a monitoring report to the City Community
Development Department and Natural Resources Manager. The applicant shall also post a
bond for the cost of implementing the mitigation planting. If the monitoring demonstrates
that the plan has been successfully implemented, the bond shall be returned. If the
monitoring demonstrates that the plan has not been successfully implemented, the applicant
shall submit a revised plan for review and approval. If the revised plan successfully
implemented after two years, the City Community Development Department and Natural
Resources Manager shall use the bond to hire a licensed landscape architect to implement
and maintain the revised plan.
Monitoring Program: The applicant shall provide evidence that a qualified biologist or landscape
architect has been retained for the purpose of monitoring the mitigation planting area, and bond
shall be posted, prior to issuance of grading or construction permits, or prior to any site disturbance
or grading activities. The City Community Development Department and Natural Resources
Manager shall verify compliance.
Cultural Resources
CR-1 Halt Work Order for Discovery of Previously Unidentified Cultural Resources. In the
event that historical or archaeological remains are discovered during earth disturbing
activities associated with the project, construction activities shall cease, and the City
Community Development Department shall be notified so that the extent and location of
discovered materials may be recorded by a qualified specialist (paleontologist, historian,
archaeologist) and disposition of artifacts may be accomplished in accordance with state
and federal law. After the find has been appropriately mitigated, work in the area may
resume. A Native American tribal representative shall monitor any mitigation excavation
associated with Native American materials.
CR-2 Halt Work Order for Discovery of Human Remains. In the event that human remains
are unearthed, the applicant shall notify the City Community Development Department and
shall comply with State Health and Safety Code Section 7050.5, which requires that no
further disturbance shall occur until the County of San Luis Obispo Coroner has made a
determination of origin and disposition pursuant to Public Resources Code Section
5097.98. The County Coroner must be notified of the find immediately. If the human
remains are determined to be Native American, the County Coroner will notify the Native
American Heritage Commission within 24 hours, which will determine and notify a Most
Likely Descendant (MLD). The MLD shall complete the inspection of the site within 48
hours of notification and may recommend scientific removal and nondestructive analysis
of human remains and items associated with Native American burials.
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Monitoring Program: These conditions shall be noted on all grading and construction plans. The
City Community Development Department shall verify compliance, including preparation and
implementation of the Monitoring Plan, and review and approval of cultural resources monitoring
reports documenting compliance with required mitigation measures.
Greenhouse Gasses
GHG-1 Monterey Bay Community Power. Prior to final inspection, occupancy, or establishment of
the use, the applicant shall demonstrate that the subject use has made an operational
commitment to participate in Monterey Bay Community Power. Any rental or lease agreement
for individual tenant spaces shall include a requirement that the tenant continue participation
in Monterey Bay Community Power. This participation shall continue until PG&E or another
electric provider provides 100 percent carbon-free electricity, at which point the applicant or
tenant may elect to switch services to such a provider.
Monitoring Program: Compliance shall be verified by the City prior to final inspection or occupancy.
Noise
N-1 Construction Equipment Best Management Practices. For all construction activity at the
project site that exceeds 60 dBA at the property line with the mobile home park to the west,
and for future construction activity associated with development on the eastern portion of the
project site that exceeds 60 dBA at the property line with the Westmont Living facility,
construction equipment noise attenuation techniques shall be employed to ensure that noise
levels are maintained within levels allowed by the City of San Luis Obispo Municipal Code,
Title 9, Chapter 9.12 (Noise Control). Such techniques shall include:
• Sound blankets on noise-generating equipment.
• Stationary construction equipment that generates noise levels above 60 dBA at the project
boundaries shall be shielded with barriers that meet a sound transmission class (a rating of
how well noise barriers attenuate sound) of 25.
• All diesel equipment shall be operated with closed engine doors and shall be equipped with
factory-recommended mufflers.
• For stationary equipment, the applicant shall designate equipment areas with appropriate
acoustic shielding on building and grading plans. Equipment and shielding shall be
installed prior to construction and remain in the designated location throughout
construction activities.
• Electrical power shall be used to power air compressors and similar power tools.
• The movement of construction-related vehicles, with the exception of passenger vehicles,
along roadways adjacent to sensitive receptors shall be limited to the hours between 7:00
AM and 7:00 PM, Monday through Saturday. No movement of heavy equipment shall
occur on Sundays or official holidays (e.g., Thanksgiving, Labor Day).
• As needed, temporary sound barriers shall be constructed between the construction site and
the mobile home park to the west.
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In the event the residential uses at the mobile home park site have been removed (i.e. the site is
under construction), and/or if the Westmont Living facility is not occupied or operational during
future construction of the eastern portion of the project site, then construction equipment noise
attenuation techniques do not need to be implemented.
N-2 Neighboring Property Owner Notification and Construction Noise Complaints. The
contractor shall inform the property owner and current tenants of the mobile home park to
the west of the project site, prior to initiation of any construction activities, of the proposed
construction timelines and noise complaint procedures to minimize potential annoyance
related to construction noise. In the event the residential uses at the mobile home park site
have been removed (i.e. the site is under construction), notification is not required. If the
Westmont Living facility is occupied or operational prior to construction of future uses on
the project site, the contractor shall inform the property owner and current tenants of the
facility of the proposed construction timelines and noise complaint procedures to minimize
potential annoyance related to construction noise. Proof of mailing the notices shall be
provided to the Community Development Department prior to issuance of grading permits
or initiation of site disturbance. Signs identifying the noise complaint procedures shall be
in place before the beginning of and throughout grading and construction activities. Noise-
related complaints shall be directed to the City’s Community Development Department.
Monitoring Program: Construction plans shall note construction hours, truck routes, and
construction Best Management Practices (BMPs) and shall be submitted to th e City for approval
prior to grading and building permit issuance for each project phase. BMPs shall be identified and
described for submittal to the City for review and approval prior to building or grading permit
issuance. BMPs shall be adhered to for the duration of the project. The applicant shall provide and
post signs stating these restrictions at construction site entries. Signs shall be posted prior to
commencement of construction and maintained throughout construction. Schedule and neighboring
property owner notification mailing list shall be submitted 10 days prior to initiation of any earth
movement. The Community Development Department shall confirm that construction noise
reduction measures are incorporated in plans prior to approval of grading/building permit issuance.
All construction workers shall be briefed at a pre-construction meeting on construction hour
limitations and how, why, and where BMP measures are to be implemented. A workday schedule
will be adhered to for the duration of construction for all phases.
City staff shall ensure compliance throughout all construction phases. Building inspectors and
permit compliance staff shall periodically inspect the site for compliance with activity schedules
and respond to complaints.
Transportation
TR-1 Tank Farm Road from Broad through Project Site to Mindbody intersection . The
applicant shall widen Tank Farm Road along the project frontage to provide two westbound
motor vehicle through lanes, bike lanes, landscaped parkway and sidewalk. The ultimate
street cross section shall be in substantial conformance with the typical cross section
identified for the parkway arterial designation in the Airport Area Specific Plan, with final
geometric design elements to be approved to the satisfaction of the Public Works Director.
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Monitoring Program: This improvement shall be incorporated into project improvement plans
for review and approval by the City Community Development and Public Works Departments.
The improvement shall be installed prior to occupancy/final inspection or establishment of any use
on the site. Compliance shall be verified by the City Community Development and Public Works
Departments prior to approval of grading plans and prior to issuance of occupancy certificate or
approval of final inspections.
TR-2 Internal intersection with SESLOC property. The applicant shall install a single-lane
roundabout at the internal site intersection of the Mindbody Road extension adjacent to
SESLOC on the north property line to encourage smooth traffic flow between the sites.
The City Transportation Department Division may approve an alternative intersection
control type, such as all-way stop control, if a roundabout is found to be geometrically
infeasible at this location.
TR-3 Existing SESLOC driveway. The applicant shall remove the existing right-in/right-out
driveway on Broad Street upon completion of the new Broad Street driveway constructed
as part of this project. The applicant shall ensure adequate access is maintained to the
SESLOC property during project construction.
Monitoring Program: This improvement shall be incorporated into project improvement plans
for review and approval by the City Community Development and Public Works Departments.
The improvement shall be installed prior to occupancy/final inspection or establishment of any use
on the site. Compliance shall be verified by the City Community Development and Public Works
Departments prior to approval of grading plans and prior to issuance of occupancy certificate or
approval of final inspections.
TR-4 Tank Farm Road from Old Windmill Lane to Santa Fe Road. The project shall make
a fair share contribution of the cost of widening Tank Farm Road to four lanes between
Santa Fe Road and Old Windmill Lane.
TR-5 Broad Street/Industrial Way. The project shall make fair share project contributions to
convert the east and west approaches from split phasing to permissive phasing and
restriping both approaches to provide dedicated left turn lanes and shared through/right
turn lanes.
TR-6 Fair Share Contributions. The project applicant shall pay Citywide Traffic Impact Fees
to satisfy fair share mitigation obligations towards the following future transportation
improvements:
• Tank Farm Road/Higuera Street: Installation of a second southbound left turn lane.
• Tank Farm Road/Santa Fe Road: Installation of a multi-lane roundabout.
• Broad Street/Tank Farm Road: Installation of a dedicated northbound right turn lane,
addition of a second southbound left turn lane, conversion of the westbound right turn
lane to a shared through/right lane and establish time-of-day timing plans.
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Monitoring Program: The applicant shall pay their fair-share contribution for improvements to
the intersections prior to issuance of construction permits for any structure. Compliance shall be
verified by the City Community Development Department prior to issuance of any construction
permits.
SECTION 3 . Action. The City Council hereby approves the proposed project (SPEC-
1482-2018, SBVD-1483-2018, ARCH-1486-2018) that includes a Specific Plan Amendment,
General Plan Amendment and Rezone, Tentative Tract Map, Creek setback exception, and
Architectural review to the development of up to 133,656 square feet of assisted living facility
including 139 living units and support services, subject to the following conditions:
Planning Division – Community Development Department
1. 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.
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
final approved color and material board.
3. The locations of all exterior lighting, including lighting on the structure, bollard style
landscaping or path lighting, shall be included in plans submitted for a building permit. All
wall-mounted lighting fixtures shall be clearly called out on building elevations included as
part of working drawings. All wall-mounted lighting shall complement building architecture.
The lighting schedule for the building shall include a graphic representation of the proposed
lighting fixtures and cut-sheets on the submitted building plans. The selected fixture(s) shall
be shielded to ensure that light is directed downward consistent with the requirements of the
City’s Night Sky Preservation standards contained in Chapter 17.23 of the Zoning
Regulations.
4. Mechanical and electrical equipment shall be located internally to the building. With submittal
of working drawings, the applicant shall include sectional views of the building, which clearly
show the sizes of any proposed condensers and other mechanical equipment. If any
condensers or other mechanical equipment is to be placed on the roof, plans submitted for a
building permit shall confirm that parapets and other roof features will provide adequate
screening. A line-of-sight diagram may be required to confirm that proposed screening will
be adequate. This condition applies to both initial project construction and later building
modifications and improvements.
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.
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6. The location of any required backflow preventer and double-check assembly shall be shown
on all site plans submitted for a building permit, including the landscaping plan. Construction
plans shall also include a scaled diagram of the equipment proposed. Where possible, as
determined by the Utilities Director, equipment shall be located inside the building within 20
feet of the front property line. Where this is not possible, as determined by the Utili ties
Director, the backflow preventer and double-check assembly shall be located in the street yard
and screened using a combination of paint color, landscaping and, if deemed appropriate by
the Community Development Director, a low wall. The size and configuration of such
equipment shall be subject to review and approval by the Utilities and Community
Development Directors.
7. Inclusionary Housing. Prior to issuance of building permits, inclusionary in-lieu fees of 5%
of building evaluation shall be paid.
8. The following use standards and conditions reflect requirements established under the San
Luis Obispo County Airport Land Use Commission’s (ALUC) determination of consistency
(9-19-2018) and shall be complied with as follows:
a. The Project submitted to the County under Referral Letter dated July 25, 2018 shall be
conditioned by the City to be consistent with said referral, and will not be changed
without the input of the ALUC;
b. Airport Area Specific Plan Amendments as provided herein are limited to the subject
property;
c. Non-residential density for the site within the S-1c Safety Area would be limited to a
maximum 120 persons/acre;
d. Maximum building heights would be 35’;
e. Interior noise standards of the Airport Land Use Plan (ALUP) would be met inside the
assisted living facility;
f. No improvements would constitute a navigation hazard as defined by the ALUP;
g. Uses that would potentially interfere with takeoffs, landings and maneuvering of aircraft
would be prohibited;
h. Avigation easements would be required for the site; and,
i. Disclosures would be provided to potential buyers and tenants regarding airport
operations.
9. For the life of the project, the project shall comply with the San Luis Obispo Air Pollution
Control District regulations, including, but not limited to:
• Rule 501 – developmental burning
• Rule 504 – residential wood combustion
• Portable generators and equipment with engines that are 50 horsepower or greater
require a permit to operate and may require a health risk assessment.
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Code Requirement:
10. REACH CODE COMPLIANCE BUILDING PERMIT SUBMITTAL REQUIREMENTS:
Energy Modeling Report: The project shall submit the final Energy Modeling Report in
the permit plans demonstrating compliance with both the statewide energy code plus the
local energy requirements using either Option 1 or Option 2 below.
Option 1. An All-Electric Building complies with the performance standards if both the
Total Energy Design Rating and the Energy Efficiency Design Rating for the Proposed
Building are no greater than the corresponding Energy Design Ratings for the Standard
Design Building.
Option 2. A Mixed-Fuel Building complies with the performance standards if the energy
budget calculated for the Proposed Design Building has a compliance margin, relative to the
energy budget calculate for the Standard Design Building, of at least the value specified for
the corresponding occupancy type in Table 140.1-A below.
Table 140.1-A MIXED FUEL BUILDING COMPLIANCE MARGINS
Occupancy Type Compliance Margin
Office / Retail 15%
Hotel/motel and High-rise residential 9%
All other occupancies in buildings with both indoor lighting
and mechanical systems
5%
All other occupancies in buildings with indoor lighting or
mechanical systems but not both
5%
Clean Energy Choice Program Building Permit Certificate of Compliance: The project
shall include a completed and signed Clean Energy Choice Program Building Permit
Certificate of Compliance with the energy compliance documentation. The completed
Certificate must be included as an additional submittal on the plan sheets containing the Title
24 Report. Visit the Clean Energy Choice Program Compliance Webpage to download the
certificate: (www.slocity.org/energyreachcode).
FINAL INSPECTION REQUIREMENTS
Clean Energy Choice Program Building Final Inspection Certificate of Compliance:
During the Building Final Inspection, the project team shall deliver a completed and signed
Clean Energy Choice Program Building Final Inspection Certificate of Compliance. If re-
design occurs on the project, the applicant must resubmit the energy compliance model for
review and it must still show compliance with local and state energy standards.
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Engineering Division – Public Works/Community Development Department
11. Any easements including but not limited to provisions for all public and private utilities,
access, grading, drainage, open space, slope banks, construction, public and private streets,
pedestrian and bicycle facilities, common driveways, and maintenance of the same shall be
shown on the final map and/or shall be recorded separately prior map recordation. Said
easements may be provided for in part or in total as blanket easements.
12. The final map and improvement plans shall show the extent of all existing and proposed on-
site and off-site offers of dedication. Subdivision improvement plans and or preliminary
designs may be required for any deferred improvements so that dedication limits can be
established. These improvements may include but are not limited to road construction and
widening, grading and drainage improvements, utility easements, bridges, bike bridges,
transit stops, bikeways, pedestrian paths, and signalized intersections.
13. The final map and/or improvement plans shall show and label the separate access easements
to serve the SESLOC property to the north and the redevelopment project to the west known
as 650 Tank Farm Road. The map and plans shall show and label the proposed private
sewer main easement to serve the proposed SESLOC development to the north. Separate
easement agreements shall be prepared and finalized by the developer.
14. The subdivider shall dedicate a 10’ wide street tree easement and 15’ wide public utility
easement (P.U.E.) across the Broad Street and Tank Farm Road frontages of each lot. Said
easements shall be adjacent to and contiguous with all public right-of-way lines bordering
each lot.
15. Access rights shall be dedicated to the City along the Broad Street and Tank Farm Road
frontages except at approved driveway locations. Said dedications shall be shown and
labeled on the final map.
16. The developer shall include any other out-of-tract offers of dedication related to the need
for public utility extensions related to orderly development of the AASP that are not
otherwise located within a public street.
17. All private improvements shall be owned and maintained by the individual property owners
and/or a Commercial Owner’s Association as applicable. Private improvements include but
are not limited to streets, drive aisles, parking lot improvements, sidewalks, private
pedestrian/bike paths, private sewer mains/laterals, water services, fire services, reclaimed
water services, drainage systems, detention basin(s), site lighting, landscape, landscape
irrigation, and common areas.
18. A notice of requirements or other agreement acceptable to the City of San Luis Obispo may
need to be recorded in conjunction with the Final Map to clarify development restrictions,
fee payments, conditions of development, and references to any pertinent conditions of
approval related to this map and/or off-site requirements.
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19. Off-site improvements, easements and/or dedications may be required to facilitate through
street access and public water, recycled water and sewer main extensions beyond the tract
boundary and in accordance with the AASP.
20. Unless specifically approved by the City, all public and private subdivision improvements
shall be approved prior to map recordation and/or building permit issuance, whichever
occurs first. Subdivision sureties shall be provided for all subdivision improvements if the
map will record prior to completion of the improvements.
21. Unless phased or interim improvements are approved by the City, all pertinent public and
private subdivision improvements shall be completed prior to building occupancy.
22. The subdivider shall remove the off-site right-in/right-out turning island serving the
SESLOC property within the Broad Street right-of-way. This access will be replaced by a
similar on-site access to the perimeter roadway along the northern edge of the site adjoining
the SESLOC property. The new access driveway off of Broad Street shall restrict access to
right-in/right-out/left-in only. The developer shall provide written notice to SESLOC on
the proposed construction schedule and timing related to the off-site public and private
improvements related to the abandonment of the SESLOC driveway. A copy of said
notification shall be provided to the City.
23. A separate building permit/parking lot permit shall be processed for the proposed private
SESLOC on-site improvements required to accommodate the closure of the southerly
SESLOC parking lot access. The driveway shall not be closed until a secondary access is
provided unless otherwise approved by SESLOC and the City.
24. With respect to any off-site improvements, prior to filing of the Final Map, the subdivider
shall either:
a. Clearly demonstrate their right to construct the improvements by showing access to,
title or interest in the property in a form acceptable to the City Engineer; or,
b. Demonstrate, in writing, that the subdivider has exhausted all reasonable efforts to
acquire interest to the subject property and request that the City assist in acquiring the
property required for the construction of such improvements and exercise its power of
eminent domain in accordance with Government Code Section 66462 .5 to do so, if
necessary. Subdivider shall also enter into an agreement with the City to pay all costs
of such acquisition including, but not limited to, all costs associated with
condemnation. Said agreement shall be in a form acceptable to the City Engineer and
the City Attorney. If condemnation proceedings are required, the subdivider shall
submit, in a form acceptable to the City Engineer, the following documents regarding
the property to be acquired:
i. Property legal description and sketch stamped and signed by a Licensed Land
Surveyor or Civil Engineer authorized to practice land surveying in the State of
California;
ii. Preliminary title report including chain of title and litigation guarantee;
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iii. Appraisal of the property by a City approved appraiser. In the course of
obtaining such appraisal, the property owner(s) must be given an opportunity to
accompany the appraiser during any inspection of the property or acknowledge
in writing that they knowingly waived the right to do so;
iv. Copies of all written correspondence with off-site property owners including
purchase summary of formal offers and counter offers to purchase at the
appraised price.
v. Prior to submittal of the aforementioned documents for City Engineer approval,
the Subdivider shall deposit with the City all or a portion of the anticipated costs,
as determined by the City Attorney, of the condemnation proceedings. The City
does not and cannot guarantee that the necessary property rights can be acquired
or will, in fact, be acquired. All necessary procedures of law would apply and
would have to be followed.
25. All public streets shall conform to City Engineering Standards and AASP including curb,
gutter, and sidewalk, driveway approaches, and curb ramps as approved by the City
Engineer. Where conflicts occur between the City Engineering Standards and concepts
identified in the AASP and/or this project approval, a final determination on design shall be
provided by the City Engineer.
26. Final roadway alignment shall be consistent with the AASP, Bike Plan, and City Engineering
Standards except where the applicant has requested and been granted a formal design
exception.
27. The development plans shall be revised to include the circulation changes shown at the
project interface with the SESLOC access driveway to the north as shown on Conceptual
Site Plan sheet SP-1 dated 2/5/19 and Bethel Engineering reference plan sheet 1 of 1 dated
1/23/19. The final orientation of the through street, stop controlled drive aisle, pedestrian
access, and bike connectivity shall be approved to the satisfaction of the City.
28. The improvement plans shall include all final line-of-sight analysis at applicable
intersections to the satisfaction of the Public Works Department. Fence heights and
plantings in the areas of control shall be reviewed in conjunction with the analysis. A
separate recorded declaration, covenant, agreement or Notice of Requirements for private
property owner maintenance of sight lines may be required.
29. Any jurisdictional permits from the Army Corp, Fish and Wildlife, or Regional Water
Quality Control Board required for the drainage, site improvements, street and road
improvements shall be issued prior to plan approval and/or commencing with work within
the respective waterways.
30. All mitigation measures (MM) specific to Transportation requirements shall be provided
as detailed under this Resolution to the satisfaction of the City Engineer.
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31. Access rights for the development at 650 Tank Farm Road shall be dedicated prior to
or concurrent with the recordation of the final map. Improvements for access would be
completed by the development at 650 Tank farm Road under the conditions of their permits.
A shared maintenance program for this access may be prepared between the parties and will
be included with disclosures to prospective tenants and buyers as provided in these
conditions.
32. The subdivider shall install public street lighting and all associated facilities including but
not limited to conduits, sidewalk vaults, fusing, wiring and luminaires along all public
streets and intersections per City Engineering Standards.
33. Private site lighting shall be provided per City Engineering Standards. Unless otherwise
waived by the City, the through access roadway/bikeway from the northerly tract boundary
to the signal at Tank Farm Road shall include street/pathway lighting per City Engineering
Standards and the City’s Bike Plan.
34. Improvement plans for the entire subdivision, including any off-site improvements shall
be approved to the satisfaction of the Public Works Department, Utilities Department,
and Fire Department prior to map recordation.
35. The improvement plans shall clearly show all existing structures, site improvements,
utilities, water wells, septic tanks, leach fields, gas and wire services, etc. The plan shall
include the proposed disposition of the improvements and any proposed phasing of the
removal and demolition. All structures and utilities affected by the proposed lot lines shall
be removed and receive final inspection approvals prior to map recordation.
36. The improvement plan submittal shall include a complete construction phasing plan in
accordance with the conditions of approval, City codes, and standards. A truck circulation
plan and construction management and staging plan shall be included with the improvement
plan submittal. General truck routes shall be submitted for review and acceptance by the
City. The engineer of record shall provide a summary of the extent of cut and fill with
estimates on the yards of import and export material. The summary shall include rough
grading, utility trench construction, road construction, AC paving, concrete delivery, and
vertical construction loading estimates on the existing public roadways. The developer shall
either; 1) complete roadway deflection testing before and after construction to the
satisfaction of the City Engineer and shall complete repairs to the pre-construction condition,
or 2) shall pay a roadway maintenance fee in accordance with City Engineering Standards
and guidelines, or 3) shall propose a pavement repair/replacement program to the
satisfaction of the City Engineer prior to acceptance of the subdivision improvements.
37. Separate utilities, including water, sewer, gas, electricity, telephone, and cable TV shall
be served to each lot to the satisfaction of the Public Works Department and serving
utility companies. All public and private sewer mains shall be shown on the public
improvement plans and shall be constructed per City Engineering Standards unless a
waiver or alternate standard is otherwise approved by the City. The plans shall clearly
delineate and distinguish the difference between public and private improvements.
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38. City recycled water or another non-potable water source, shall be used for construction water
(dust control, soil compaction, etc.). An annual Construction Water Permit is available from
the City’s Utilities Department. Recycled water is readily available near the intersection of
Tank Farm Road and Orcutt Road.
39. Final grades and alignments of all public and/or private water, sewer and storm drains shall
be approved to the satisfaction of the Public Works Director and Utilities Department. The
final location, configuration, and sizing of service laterals and meters shall be approved in
conjunction with the review of the building plans, fire sprinkler plans, and/or public
improvement plans.
40. The improvement plans shall show the location of all domestic and landscape water meters.
The plan shall include service lateral sizes and meter sizes. Sizing calculations may be
required to justify service and meter sizing. Water impact fees related to the irrigation water
meter(s) shall be paid prior to approval of the subdivision improvement plans for each
pertinent map and/or construction phase.
41. Unless otherwise approved by the City, sewer laterals and/or private mains shall connect to
the public sewer main located within Tank Farm Road. If approved for connection in Broad
Street, a comprehensive plan based on the field confirmation of all existi ng public and
private utility depths shall be completed to confirm that a gravity sewer can be achieved
with gradients and utility clearances per City Engineering Standards.
Transportation Division - Public Works Department
42. The project shall pay all required transportation impact fees, including participation in the
Citywide Transportation Impact Fee Program and the County’s Highway 227 Impact Fee
Program, and fair share mitigation contributions as indicated in the traffic impact study, dated
July 2020, and project environmental documents before any building permits are issued.
43. The following required public improvements shall be completed by the property owner prior
to issuance of any occupancy permits:
• Restripe southbound approach at Broad Street/Tank Farm intersection to provide two
(2) left turn lanes, to the satisfaction of the Public Works Director. Improvements
include any required modifications to traffic signal detection, phasing operation and
timings to accommodate additional turn lane. As part of Broad Street striping
modifications, install buffered bike lanes along Broad Street between Industrial and
Tank Farm to the satisfaction of the Public Works Director. A portion of these costs
may be eligible for Citywide Transportation Impact Fee credits.
• Reconstruct the Broad Street project frontage to current City Engineering Standards.
Frontage improvements shall include installation of curb and gutter, a sidewalk -level
Class IV bike lane (protected bike lane) with an entry ramp from the street level, and a
pedestrian sidewalk.
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• Reconstruct the Tank Farm Road project frontage to current City Engineering Standards.
Frontage improvements shall widen the northern side of Tank Farm Road to a cross
section that substantially conforms with the ultimate section identified in the Airport
Area Specific Plan to the satisfaction of the Public Works Director. Frontage
improvements shall include widening to provide a continuous second westbound auto
lane, installation of curb and gutter, a landscaped parkway at the back of curb, sidewalk-
level Class IV bike lane, pedestrian sidewalk and driveway/intersection transitions.
Depending on timing of related frontage improvements with development of the
adjacent property at 650 Tank Farm Road, interim roadway striping and geometric
transitions may be approved to the satisfaction of the Public Works Director.
• Construct protected bicycle intersection features at the northwest corner of the
Broad/Tank Farm intersection to improve bicycle and pedestrian accessibility and
crossing safety. Designs shall be consistent with best practice design guidance published
by the Federal Highway Administration (FHWA), Caltrans, and the National
Association of City Transportation Officials (NACTO). Improvements may require
traffic signal modifications. A portion of these costs may be eligible for Citywide
Transportation Impact Fee credits.
• Abandon SESLOC driveway to the north of the project site and reconstruct sidewalk,
parkway and gutter to City Standards.
• The median on Tank Farm along the project frontage and at the west leg of the Tank
Farm/Mindbody intersection shall be reconstructed in concrete, per City Engineering
Standards to the satisfaction of the Public Works Director.
• Complete median design / access controls for right-in / right-out / left-in access at the
north project driveway on Broad Street, to the satisfaction of the Public Works Director.
If the applicant proposes a driveway design that does not include a raised center median
on Broad Street to physically restrict left-turns exiting the project site, the project
applicant shall be required to provide the following:
a. Fund the costs of preparing a traffic engineering study to be performed a 6 and
12 months following project occupancy by a qualified professional to be selected
from the City’s traffic engineering on-call consultant list. The traffic study shall
review collision history and site observations at the new driveway to determine
if unsafe driver behavior warrants addition of a center median to more effectively
eliminate left-turns exiting the site.
b. Prior to issuance of occupancy permits, the project applicant would be required
to provide a bond to cover the incremental cost needed to install a raised center
median on Broad Street if the findings of the traffic engineering study indicates
that further access controls are warranted. Bonds would be released if the six-
and 12-month traffic studies conclude that no further improvements are required.
• Complete traffic signal modifications and other intersection improvements at the Tank
Farm / Mindbody intersection to the satisfaction of the Public Works Director. Required
traffic signal improvements include modifications to signal poles, signal heads, cables,
pedestrian signals and push buttons, controller programing, cabinet equipment, video
detection, battery backups and all other necessary equipment for the traffic signal to
function in its intended purpose per Caltrans and City of San Luis Obispo Standard
Specifications. Intersection improvements include installation of a dedicated eastbound
left turn pocket (with median), a westbound right-turn pocket, ADA curb ramps on the
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northern corners, pedestrian and bicycle crossing treatments at the north leg of the
intersection, and construction of the new on-site roadway serving as the north leg of the
intersection.
44. If the Tank Farm/Mindbody intersection and traffic signal improvements are constructed
earlier by others prior to development of the proposed Project, the applicant shall be
responsible for a fair share contribution towards 50 percent of these costs via a private
reimbursement agreement or other mechanism to the satisfaction of the Community
Development Director.
45. Project shall grant a public access easement along the entire access roadway (connection
between Mindbody Signal and SESLOC property) to the west of the project site.
46. The project shall make efforts to encourage bicycle and transit users. To this end, the project
shall include the following:
• Transit – The project applicant shall construct a bus turnout per City Engineering
Standard 4920 along Broad Street immediately north of the new ingress/egress driveway.
Transit stop amenities (i.e. flag sign, bench, shelter) shall be provided to the satisfaction
of the City Transit Manager.
• Bike Racks – the following additional elements shall be installed to attract the use of
bicyclists: a) bike racks shall be located as close to building entrances as is practical; b )
at each bike each location, protective rain/sun canopies shall be installed, as well as
security lighting.
Utilities Department
47. The proposed utility infrastructure shall comply with the latest engineering design standards
effective at the time the building permit is obtained, and shall have reasonable alignments
needed for maintenance of public infrastructure.
48. Revisions to the existing sewer and water infrastructure, that may result from the proposed
land use modifications, shall be completed to the satisfaction of the Utilities Director to
minimize impacts to operations and maintenance of the services.
49. Revisions to the city owned fiber optic cable located along the east boundary of the project,
that may result from the proposed land use modifications, shall be adjusted or re-
constructed to the satisfaction of the Utilities Director.
50. The proposed project is within an area subject to shallow ground water. Heat-fused HDPE
pipe shall be used for the proposed private and public sewer collection system to prevent
groundwater infiltration.
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51. Any private sewer services that cross one parcel for the benefit of another shall provide
evidence that a private utility easement appropriate for those facilities has been recorded
prior to final Building Permit. The proposed project shall include a private sewer lateral, no
force main, connecting near the west boundary of the project along Tank Farm Road, and
must be of enough depth to reach the northwest corner of the adjacent parcel to the north
(APN 053-231-050), and to the satisfaction of the Utilities Engineer.
52. If commercial uses in the project include food preparation, provisions for grease interceptors
and FOG (fats, oils, and grease) storage within solid waste enclosure(s) shall be provided
with the design. These types of facilities shall also provide an area inside to wash floor mats,
equipment, and trash cans.
53. The site is within the City’s Water Reuse Master Plan area and landscape irrigation for the
project shall utilize recycled water from the existing service that was stubbed to the property.
The irrigation system shall be designed and operated as described consistent with recycled
water standards in the City’s Procedures for Recycled Water Use, including the requirement
that sites utilizing recycled water require backflow protection on all potable service
connections. The irrigation plans shall be submitted to the Building Department for review
during the City’s building permit review process. Frontage improvements must include
approximately 950-feet of a new 8” recycled water main with new recycled water services
to the project. The alignment of the recycled water mains shall follow the engineering design
standards and shall be designed to the satisfaction of the Utilities Engineer.
54. Public sewer and water pipe infrastructure shall not be extended into private access road, but
public water meters can be installed for each parcel with a dedicated access easement and is
to the satisfaction of the Utilities Engineer.
55. Separate water and recycled water meters shall be provided for each new parcel in an area
accessible by the City.
56. Any sewer lateral that crosses one proposed parcel for the benefit of another shall provide
evidence that a private utility easement appropriate for those facilities has been recorded prior
to issuance of a Building Permit.
57. Recycled water, or another non-potable water source, shall be used for construction water (dust
control, soil compaction, etc.). An annual Construction Water Permit is available from the
City’s Utilities Department.
58. Irrigation systems using recycled water shall be designed and operated as described consistent
with the City’s Procedures for Recycled Water Use, including the requirement that sites
utilizing recycled water require backflow protection on all potable service connections in
accordance with the Engineering Design Standards. Three sets of irrigation plans shall be
submitted for review during the City’s improvement plan and/or building permit review process.
59. Water flow rates and flow velocities shall comply with the minimum requirements of the
2016 Potable Water Distribution System Operations Master Plan.
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60. Final grades and alignments of all public and/or private water, recycled water, and sewer
shall be approved to the satisfaction of the Utilities Department. The final location,
configuration, and sizing of on-site service laterals and meters shall be approved by the
Utilities Director in conjunction with the review of the building plans, fire sprinkler plans,
and/or public improvement plans.
61. The project’s estimated total water use (ETWU) to support new ornamental landscaping
shall not exceed the project’s maximum applied water allowance (MAWA). Information
shall be submitted during the Building Permit Review Process for review and approval by
the Utilities Department prior to issuance of a Building Permit to support required water
demand of the project’s proposed landscaping.
62. A trash enclosure capable of storing the required bins for waste, recycling, and organics
shall be provided.
63. Commercial and residential refuse services shall be separate unless a letter of agreement
between the tenants and a Conditional Exception Application from the City’s Development
Standards for Solid Waste Services are provided to the City with the building permit
submittal.
Code Requirements:
64. Potable water shall not be used for major construction activities, such as grading and dust
control as required under Prohibited Water Uses; Chapter 13.07.070.C of the City’s
Municipal Code. Recycled water is available through the City’s Construction Water Permit
program.
65. At Building Permit submittal, a plan demonstrating adequate capacity for the depositing,
storage, and collection of non-hazardous, trash, recycling, and organic waste shall be
submitted for review and approved by the Utilities Engineer prior to permit issuance. The
plan shall demonstrate compliance with Public Resources Code sections 42649.8-42649.87
on the recycling of organic waste. “Organic waste” includes both yard and food waste.
Recycling and organics containers must be placed adjacent to trash, and must be visible,
accessible, and clearly marked. Trash enclosure storage capacity must be sufficient for
intent of use, and a letter confirming a waste service arrangement with the franchised
hauling company (San Luis Garbage Co.) is required.
The following weblink can be used as a resource to calculate approximate waste
generation:
https://www2.calrecycle.ca.gov/WasteCharacterization/BusinessGroupCalculator
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66. 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.
Upon motion of Council Member_______________, seconded by Council Member
________________, and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was passed and adopted this _____ day of ____________ 2020
____________________________________
Mayor Heidi Harmon
ATTEST:
_____________________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
______________________________________
J. Christine Dietrick
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, on _____________________.
____________________________________
Teresa Purrington
City Clerk
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ORDINANCE NO. ______ (2020 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, REZONING AND AMENDING THE SPECIFIC
PLAN DESIGNATION FOR THE PROPERTY AT 660 TANK FARM
ROAD FROM BUSINESS PARK WITH SPECIFIC PLAN OVERLAY (BP-
SP) TO COMMUNITY COMMERCIAL WITH SPECIFIC PLAN AND
SPECIAL FOCUS OVERLAY (CC-SP-SF) AND AMENDING THE
AIRPORT AREA SPECIFIC PLAN DESIGNATION FOR 3985 BROAD
STREET TO COMMUNITY COMMERCIAL WITH SPECIAL FOCUS
AREA (C-C-SP-SF) AND MAKING ASSOCIATED AMENDMENTS TO
THE AIRPORT AREA SPECIFIC PLAN TO BE CONSISTENT WITH THE
PROPOSED NORTHWEST CORNER ASSISTED LIVING PROJECT,
AND WITH THE GENERAL PLAN AS AMENDED
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a
public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California,
on April 10, 2019, and recommended amendments to the Airport Area Specific Plan (AASP)
including a revision to the City’s Zoning Map and associated text amendments (Exhibits A and B,
attached) consistent with the Northwest Corner Project as part of the entitlement process for the
project (SPEC 1482-2018, SBDV-1483-2018, and ARCH 1486-2018); and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing
on September 15, 2020 in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo,
California, for the purpose of considering the Project and associated entitlements; and
WHEREAS, the City Council finds that the proposed amendments are consistent with
the project’s associated General Plan designations as amended (related to the Northwest Corner
project), the purposes of the Zoning Regulations, and other applicable City ordinances; and
WHEREAS, the City Council adopted an Initial Study/Mitigated Negative Declaration
for the project (SCH #2019049030) that addressed impacts related to the AASP amendments
including the rezone at its public hearing of September 15, 2020; and
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law; and
WHEREAS, the City Council has duly considered all evidence, including the testimony
of the applicant, interested parties, and the evaluation and recommendations by staff, presented at
said hearing.
NOW, THEREFORE, BE IT ORDAINED , by the City Council of the City of San
Luis Obispo as follows:
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SECTION 1. Environmental Determination. The City Council hereby finds that this
action has been environmentally reviewed pursuant to the provisions of the California
Environmental Quality Act (Public Resources Code Sections 21000, et seq. (“CEQA”), the
State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000, et seq.) and
the City's local standards. The City prepared an Initial Study/Mitigated Negative Declaration
and, based on information contained in the initial study, concluded that there was not substantial
evidence, in light of the whole record, that the project as mitigated would have a significant impact
on the environment. The City adopted the Initial Study-Mitigated Negative Declaration on
September 15, 2020, pursuant to Resolution No. ______ (2020 Series), made certain CEQA
findings, and adopted a Mitigation and Monitoring Program. A Notice of Determination was filed
with the San Luis Obispo County Clerk Recorder’s Office on September_____, 2020.
SECTION 2. Findings. Based upon all evidence, the City Council makes the following
findings:
1. The proposed amendments to the General Plan, including the rezone, and Airport Area
Specific Plan land use amendments as shown in Exhibit A bring the parcels included
in the project into consistency with existing zoning of the subject parcel which was
rezoned to Community-Commercial with Special Focus Overlay (C-C-SF) when the
2014 Land Use and Circulation Element update was adopted.
2. The proposed project is consistent with policy objectives of the Broad Street and Tank
Farm Road Special Focus area since it would allow for a mix of uses with a strong
commercial presence at the intersection.
3. The AASP as amended is consistent with policy direction for the area included in the
General Plan and in particular the following General Plan policies:
a. LUE Policies 2.2.4 and 2.2.5 provide for neighborhood connections in new
projects, both internally and externally so as to integrate new projects into the
neighborhoods in which they are proposed, as well as take advantage of
opportunities for locating new development close to major employers, retailing
and multi -modal transportation facilities;
b. LUE Policies 2.3.1, 2.3.6 and 2.3.9, which promote quality neighborhoods and
infill development, because the project is located within walking distance to
MindBody Headquarters, SESLOC, other nearby employers as well as retail uses
and other retail and personal services;
c. LUE Policy 3.4.1 encourages mixed-use projects in Community-Commercial
districts to provide support services near retailing and office facilities;
d. LUE Policy 8.13 establishes the “Special Focus” Area #12 at the subject site to
facilitate improvements to bicyclist and pedestrian facilities in the project area,
and by integrating uses within the larger established Tank Farm-Broad Street
neighborhood reduce vehicle trips and provide additional employment and
retailing opportunities to this part of town; and
e. The AASP as amended is also consistent with all other applicable General Plan
policies, as described and analyzed in the September 15, 2020 staff report to the
City Council for this project.
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4. On September 19, 2018, The County of San Luis Obispo Airport Land Use Commission
found the proposed project to be consistent with the Airport Land Use Plan under authority
of Section 2.7 of the ALUP.
SECTION 3 . Action. The City Council of San Luis Obispo hereby 1) approves the
rezone and land use map amendment as shown in attached “Exhibit A,” which is consistent with
the land use designations included in the General Plan as amended, and 2) approves amendments
of the text of the Airport Area Specific Plan attached hereto marked “Exhibit B”.
SECTION 4 . Severability. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any
competent jurisdiction, such decision shall not affect the validity of the remaining portions of this
Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each
and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional
without regard to whether any portion of the Ordinance would be subsequently declared invalid or
unconstitutional.
SECTION 5. A summary of this ordinance, together with the names of Council members
voting for and against, shall be published at least five (5) days prior to its final passage, in The
Tribune, a newspaper published and circulated in this City. This ordinance shall go into effect at
the expiration of thirty (30) days after its final passage.
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INTRODUCED on the ______ day of _________ 2020, AND FINALLY ADOPTED
by the Council of the City of San Luis Obispo on ____ 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
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CP 0184 15 ● RL A 224 8 ● CLAR B 907
Post-ARC Project Updates
Submitted to the City of San Luis Obispo
NWC of BROAD STREET & TANK FARM ROAD
SPEC-1482-2018 (+)
20 December 2018
REFERENCES
1. NWC Vesting Tentative Tract Map #3115/ Notes from ARC Review 10-15-2018, Watson
Planning Consultants, 17 October 2018
2. Hearing Minutes for the Regular Meeting of the Architectural Review Commission, October
15, 2018
3. Revised and consolidated project plans; “NWC Broad Street at Tank Farm Road” 18 December
2018
Since the initial March 20, 2018 application and submittal, the Northwest Corner of Broad Street and
Tank Farm Road Mixed Use Project has experienced various revisions and iterations in response to staff
comments and various City decision-making and advisory direction.
Below is a synopsis of the design revisions completed in response to the October 15 Architectural
Review Commission’s (ARC) recommendation of approval for the project with specific design
direction. Not outlined in this synopsis are all of the design changes completed prior to the ARC hearing,
however some of the more relevant changes are noted.
Since the project is still “in process”, the applicant has focused on updating the architectural site plans
and details. The civil engineering plans have not been updated to reflect some of the newest
configuration revisions and adjustments. The adjustments do not materially change the site’s grading,
utilities, or other site engineering elements therefore, the Architectural Site Plans takes precedence if
there are any differences between the architectural and civil site plan configurations.
Design Modifications
Westmont Living
1. Loading area and trash enclosure have been relocated to create a patio area adjacent to the Woonerf
and a designated pedestrian crossing to the shopping center.
2. The back of house area, located on the first floor, has been reconfigured to better access the loading
area.
3. Front parking area has been slightly reconfigured to create a patio area and two (2) additional
parking spaces, such that the total parking provided now stands at 72 spaces.
4. Building colors and materials have been are updated. (See response to comment below.)
Shopping Center
1. Additional and enhanced internal pedestrian pathways have been incorporated: east-west path
between Buildings 1 and 5, and a north-south path between buildings 4 and 5. Trellis elements have
been judiciously added to these enhanced pedestrian crossings. (See response to comments below.)
Three (3) vehicle parking spaces were removed to accommodate the pedestrian enhancements, the
total parking provided now stands at 214 spaces.
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2. Tenant signage is now located on the canopy ledge vs. the building wall(s).
3. Building 6 has been reconfigured and shifted to provide additional plaza area along the west and
south frontages. The north storefront glazing has been removed and replaced with trellis to maintain
four-sided architecture, while providing an interior back of house area for tenants and better
establishing public entry points. There is no change building square footage.
4. An additional pedestrian access to the project has been added along the Broad Street frontage.
Circulation & Public Improvements
1. The internal drive aisle between the Westmont facility and shopping center is designed in a
woonerf style; this design was reviewed by the ARC. Renderings of the woonerf design are
included in the updated project plans.
2. A phasing plan has been provided to show the proposed scope of public improvements associated
with the various components of the project.
Several of the ARC directional items were specific to either the Shopping Center or Westmont Living
component, however these references are not explicitly included in the meeting minutes. The
applicable component is noted after the item to provide context to the comment.
NWC = Shopping Center WL = Westmont Living NWC/WL = Sitewide or Circulation
ARC Direction Item Applicant’s Response
1. View pedestrian and bicycle connections
“holistically”, taking into consideration
community connectivity. (NWC/WL)
Additional pedestrian connections have been
added to the site design, see response
comments below for more details.
2.Show bike parking and EV stations dispersed
over sites. (NWC/WL)
Bike parking is distributed throughout the
site, near building entrances. EV stations are
also located at various location in the parking
areas and identified on A-010 and A1.1.
3.Add pedestrian walk along western
wetland/creek edge. (NWC/WL)
See SP-1 for proposed decomposed granite
pathway along creek edge.
4.Internal paseo or plaza. (NWC) Additional pedestrian connections have been
added. (See SP-1) Trellises where appropriate
and feasible have been added along the
connection paths (See TR-01 for design
detail.)
5.Include internal sidewalks-paths of travel from
street frontages to Grocery. (NWC)
6.Distinguish pedestrian walkway materials from
surroundings. (NWC/WL)
7.Include/add sidewalk along woonerf street –
address conflict between truck loading and peds.
(NWC/WL)
A function of the woonerf design is to “share
the road” and blur the hard delineations
between various transportation modes. The
delineated pedestrian crossings to the north
and south of Building 1 provide access to the
westerly sidewalk and the option of sidewalk
travel for pedestrians.
8.Make sidewalk along Tank Farm Rd more
pedestrian friendly (curvilinear, vertical elev).
(NWC/WL)
The 6 foot sidewalk along Tank Farm Road
includes a 5 foot landscaped parkway,
combined with the 15 (or more) feet of
landscaped area on the project, the
pedestrians will enjoy a “universal design”
sidewalk with dappled sunlight thanks to
street trees on both sides. The sidewalk is
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also buffered from the road and consistent
the City’s and Airport Area Specific Plan’s
design standards. See Sidewalk Section on
SP-1.
9.Increase setbacks along Tank Farm Rd. (NWC) Setbacks are consistent with the Airport Area
Specific standards which are 15-feet greater
than that required by the underlaying zoning.
10. Expand Tank Farm Rd landscaping to more
closely mirror the Retail Center landscaping.
(WL)
Street front landscape areas are of similar
size and design for the length of Tank Farm
Road. See SP-1, L1 (Westmont) for landscape
information,
11. More variety in street trees along frontage.
(NWC/WL)
Street tree variety will continue to be
consistent with City street tree standards
12. Avoid truncated hip roofs. (WL) Roof hips have been updated to reflect four-
sided full hip roofs (See Renderings 1 to 9)
13. Remove tack on trellis on 2nd floor –
incorporate true trellis/arbor on ground floor
with ample ground floor growing areas to
support vine growth on trellis/arbor. (WL)
Trellis have been removed from the design
and have been replaced with metal awnings.
See A5.1 for perspective rendering and See
A6.3 for awning detail.
14. Consider use of canopies/arcades to tie
buildings together. (NWC)
The shopping center buildings are designed
with entry awnings with a consistent design
aesthetic. Trellised sections of walkways
provide connection between the buildings.
Outdoor patio spaces have remained open for
flexibility of use and configuration by
tenants.
15. Add shading structures on elevations – passive
solar benefit. (WL)
See response to comment 13.
16. Neutral – restrained color pallets – no white
stucco or mustard colors. (WL)
Building color palette has been updated to a
restrained selection of terra, wood, and taupe
browns.
17. Address “billboard” architecture by revisiting
bldg. elevations and signage. (NWC)
Building faces no longer have any “billboard”
function as all tenant signage is proposed as
ledge signs on the metal canopies. The
building elevations and vertical articulation
are maintained to provide visual interest,
highlight building entry points, and design
character.
18. Define true sign program based on available
sign areas. (NWC/WL)
The project’s ledge signs for tenants complies
with the City-wide sign regulations. The other
monument signs (one for Westmont Living
and one for the Shopping Center were
included in the ARC reviewed designs.
19. Review setbacks of upper floors per
Guidelines (over 14’ – step back upper floor).
(NWC)
Our understanding is that this comment was
made in reference to Building 1
(anchor/grocer) of the shopping center. The
section of the guidelines is provided here for
reference:
Community Design Guideline 3.2.D.4
“Vertical wall articulation. The height of
building walls facing streets or on-site
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pedestrian areas should be varied so that the
vertical mass is divided into distinct, human-
scaled elements. See Figure 3-16.
a. Except on a pedestrian-oriented public
street where buildings are at the back of the
sidewalk, structures over 20 feet in height
(typical for structures of two stories or more)
should step-back the building mass at least
five feet for the portions of the structure above
14 feet (or the height where an actual second
story begins) to provide visual variation.”
Building 1 is a single-story structure with a
roof height of ±19 feet in height. This building
does not have a second story to accommodate
a setback. The parapet and roof heights
range from 22 to 34 feet. This style and
design are consistent, appropriate, and
typical for a well-designed and articulated
retail anchor building.
20. The “angled” building at the corner v. keeping
with the straight street edges. (NWC)
Community Design Guideline 3.1.C.2.b:
“Buildings may be angled to create interesting
juxtapositions if there is a clear and desirable
design goal to be achieved.”
The angle of the corner building responds to
a number of site design factors. The building
responds to an existing easement on the
corner while providing the greatest extent of
street presence possible as an anchor of the
corner. The soft angle of the building
orientation does not appear catawampus in
street view, yet the angle helps activate the
street corner by providing direct pedestrian
access into the center with street view of patio
areas and connections to other buildings.
21. Toning down and simplifying the architecture,
particularly the smaller buildings. (NWC)
Building architecture has been maintained to
provide vertical and horizontal articulation
and human-scale detailing. The center’s
overall design aesthetic provides a sense of
consistency but with individual designs for
each building.
End of Applicant’s Response
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General Plan and Specific Plan Co nsistency Analysis
General Plan Policy Consistency
The 2014 General Plan establishes several community goals, policies and programs for
development that relate to the project site. These include:
• Special Focus Area #12
• Neighborhood Connections
• Mixed-Use Developments and Convenience
• Neighborhood Compatibility
The project’s consistency with each is discussed below:
Special Focus Area #12 – General Plan Policy 8.13 provides that the project site would be a
mixed-use development, providing uses consistent with the “Community Commercial” and
“Office” designations. This policy calls for a strong commercial presence at the corner of Tank
Farm and Broad Street, and to emphasize creek protection and circulation connectivity as noted
above in any land plan. The Westmont Living facility and a similar commercial development was
brought to the Planning Commission on June 13, 2018 for a conceptual policy review to receive
early, conceptual comments on the project’s potential consistency with the Special Focus Area
policies.
Since the Planning Commission recommendation on April 10, 2019, the applicant has revised the
project and is only moving forward with the Westmont Living facility at this time. The assisted
living and memory care facility remains as originally proposed, with no changes. The applicant
has indicated that future development of the eastern portion of the project site would a revised
commercial center, include replacing the proposed grocery store use with a medical office and
reducing the amount of proposed retail/restaurant space. A conceptual site plan of a potential future
development shows that the configuration of structures on the commercial portion of the property
would be altered. Any future development on the eastern portion of the project site, including a
revised commercial center, would require separate application and Architectural Review
Commission and Planning Commission determinations. Future development applications are
expected to incorporate the Planning Commission and Architectural Review Commission concerns
and comments related to consistency with this General Plan policy. These comments relate to
design features that include:
• Articulated walkways within and along the perimeter of the uses, as well as enhanced
connections between future commercial uses and Westmont Living facility.
• Improvements to future commercial service areas located along the central road access
to screen loading and unloading functions for the uses. This includes landscaping to
minimize visibility from off-site.
• Pedestrian meeting areas/plazas to connect pedestrian and bicycle routes into the site.
Neighborhood Connections – General Plan Policies 2.2.4 and 2.2.5 discuss planning for
connectivity both internally to a given project, and as that project relates to the larger neighborhood
context. The subject site is located at the northwest corner of Tank Farm Road and Broad Street
and the project would provide pedestrian and bicycle connections to the nearby employment
centers at Mindbody and along the Broad Street corridor, and to retail services at the Marigold
Shopping Center. Additionally, vehicle circulation connecting to adjoining development would be
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enhanced, providing additional access options to motorists working or visiting the area. Future
development would be reviewed for internal access patterns to promote accessibility from off-site
and facilitate internal access the Westmont Living facility and future commercial uses. The
adjacent Agera Grove mixed-use project would have access into the site via the bridge crossing
Orcutt Creek (to be constructed by Agera Grove with that project). The project would construct an
extension of the Mindbody street that would connect to the SESLOC property and beyond to
Industrial Way. The project is consistent with these General Plan policies.
Mixed-Use Developments and Convenience – General Plan Policies 2.3.1 and 2.3.6 encourage
mixed-use projects to integrate complementary uses close to one another, and to ultimately cut
down on vehicle traffic by making these mixed-use projects accessible to other nearby
neighborhoods. The design of the proposed project adheres to, and is consistent with, the General
Plan policies encouraging retail shopping and food service options located onsite with residential
uses and close to employment centers, transportation corridors, and resident needs.
Neighborhood Compatible Development – General Plan Policy 2.3.9 sets several goals for new
development (specifically residential, but equally applicable to “infill” projects) within established
neighborhoods. The vicinity of the proposed project includes a wide mix of commercial, office,
professional, business park, manufacturing, industrial and residential uses. The proposed project
includes the potential for a mix of these uses as allowable land use types. Architectural design of
the Westmont Living facility is also consistent with architectural stylings found in the nearby area.
The project also incorporates many of these established architectural styles into a well-designed
center that is compatible with scale and design of these neighborhoods. The project is consistent
with this General Plan policy. Future development on the eastern portion of the project site would
be submitted under a separate application and reviewed for consistency with this policy and the
Community Design Guidelines.
Airport Area Specific Plan (AASP) Consistency
First adopted by the City Council in 2005, the AASP included a series of goals, policies, and
programs to comprehensively guide development of the Planning Area. Additional guidelines and
development standards are included in the AASP, as well as infrastructure requirements and a plan
for implementation of the Plan. In 2014 the AASP was updated to reflect current planning
standards for the area.
Overall goals of the Specific Plan include:
• Provide a framework to move from County developments primarily focused on heavier
industrial and manufacturing uses to a blend of these established uses, both inside and
outside the City, with new uses focused on lighter industrial and manufacturing uses,
professional and business park developments, employment centers, retailing services
to support daytime customer demands and limited numbers of residential developments
surrounding the Planning Area.
• Plan for proposed development, including annexations within the Planning Area, so
that public facilities are developed concurrently with new development in a rational
and cost- effective fashion.
• Expand the use of bicycles and pedestrians within the Plan Area as an alternative to
increasing vehicular trips.
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• Protect and enhance natural resources within the AASP, including emphasis on
maintaining visual qualities of the surrounding hills and open space areas and
protection of creek corridors, wetlands and habitat qualities.
The Westmont Living facility, as designed, addresses each of these goals through its design, and
is therefore consistent with the AASP. Future development on the eastern portion of the project
site would be submitted under a separate application and reviewed for consistency with the AASP.
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