HomeMy WebLinkAboutR-11464 approving policy regarding City Capital Improvement Projects and Right of Way Encroachment in the Downtown AreaR 11464
RESOLUTION NO. 11464 (2023 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, REQUIRING ADVANCED NOTIFICATION FOR
LONG-TERM CONSTRUCTION PROJECTS AND RIGHT OF WAY
ENCROACHMENT IN THE DOWNTOWN AREA AND A RESTRICTION
OF CONSTRUCTION ACTIVITIES WITHIN THE DOWNTOWN CORE
DURING THE HOLIDAYS THAT IMPACT THE PUBLIC RIGHT OF WAY
WHEREAS, it is essential to maintain and upgrade City infrastructure in order to
provide reliable municipal services and to maintain a healthy local economy; and
WHEREAS, prolonged construction impacts associated with traffic detours and
vehicular, sidewalk, and bike lane closures, as well as materials and equipment
deliveries, can be disruptive to the flow of traffic in the downtown area and affect access
for consumers to the downtown retail core; and
WHEREAS, most businesses and residents are willing to accept a level of
inconvenience, provided that projects are coordinated and managed carefully, and that
the need for anticipated impacts to public circulation and access is communicated; and
WHEREAS, Downtown SLO has requested improved coordination in the
coordination of capital projects in the downtown core, and in the level of communication
between the City and Downtown SLO regarding project purpose and status; and
WHEREAS, long-term construction projects can be disruptive to the success of
Downtown merchants and businesses; and
WHEREAS, the City Council adopted Resolution 9487 (2003 Series), titled: A
RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING
POLICY REGARDING CITY CAPITAL IMPROVEMENT PROJECTS AND RIGHT OF
WAY ENCROACHMENT IN THE DOWNTOWN AREA; and
WHEREAS, Resolution 9487 (2003 Series) only restricted construction activity
during the Holiday period between Thanksgiving and New Year’s Day, but there is also a
need to mitigate long-term disruptions in the downtown at all times of year via advanced
notification to affected businesses; and
WHEREAS, the area bound by this policy should expand to include all areas of the
downtown core as defined in the Land Use Element due to the businesses located there;
and
WHEREAS, Resolution 9487 (2003 Series) only imposed noticing requirements
on City-led construction projects but noticing should also be imposed for private -led
construction projects; and
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WHEREAS, pursuant to City Municipal Code Section 12.04.060, upon receiving
an application for an encroachment permit, the City Engineer shall either approve,
conditionally approve, or reject it and the permit shall include all the conditions required
by City Code and conditions set by the Public Works Director (Director).
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis
Obispo that the following policy is to be followed in the completion of capital improvement
projects and the issuance of Encroachment Permits in the downtown area:
SECTION 1. Resolution 9487 (2003 Series) is hereby repealed and replaced by
this Resolution.
SECTION 2. Unless necessary for emergency access or maintenance,
construction activities that affects a travel lane, bike lane, parking lane, or sidewalk in the
Downtown Area shall not occur between Thanksgiving and New Year’s Day and shall be
restricted by the Public Works Department through the project specifications and through
the Encroachment Permit issued pursuant to Municipal Code Section 12.04.060.
SECTION 3. For purposes of this policy the “Downtown Area” shall include the
Downtown Core as defined in the Land Use Element of the General Plan (Exhibit A).
SECTION 4. For purposes of this policy, “long-term” shall be defined as ten
cumulative business days or more.
SECTION 5. The Public Works Director shall have discretion in allowing long-term
construction projects to commence or to continue between Thanksgiving and New Year’s
Day if it is adequately demonstrated that the project is necessary for emergency access
or maintenance, or that the delay to new construction or suspension of ongoing
construction activities would be overly burdensome to the project proponent while also
minimally disruptive and impactful to downtown businesses and the general public.
SECTION 6. The City shall be bound by the following requirements for Capital
Improvement Projects in the Downtown Area:
a) Provide ample notification to businesses and residents within an area of at least
300 feet of the impacted area, either directly or through its contractors,
regarding planned Capital Improvement Plan projects; and
b) All reasonable steps will be taken by the City staff to ensure ample
communication and coordination relative to planned City projects (non -
emergency) in the downtown, including:
i. A minimum of 30-days notification to Downtown SLO prior to construction;
ii. The preparation of project “fact sheets” for Downtown SLO to fully explain
project purpose and other important information;
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iii. Participation in quarterly “project coordination meetings” with Downtown
SLO;
iv. Attending or conducting community meetings and/or forums and making
presentations for larger complex projects when requested by D owntown
SLO, or as determined by staff;
v. Including in the project specifications requirements that the contractor is
responsible for notification, signage, and procedures to minimize impacts
on affected businesses to the extent feasible; and
c) Downtown SLO shall be responsible for communicating with its membership
regarding project plans and status following receipt of project information from
the City; and
d) The City staff will make every reasonable effort to ensure that:
i. All involved staff members share and communicate accurate information;
and
ii. Projects managed by all departments in the City are properly coordinated.
SECTION 7. Pursuant to the authority provided to the Director in Municipal Code
Section 12.04.060, Council hereby directs the Director to impose the following conditions
on Encroachment Permits issued within the Downtown Area where a travel lane, bike
lane, parking lane, or sidewalk is closed for ten, cumulative business days or more:
a) The Contractor will provide ample notification to businesses and residents
within an area of at least 300 feet of the impacted area, regarding planned
encroachment of the public right-of-way in the downtown area; and
b) All reasonable steps will be taken by the contractor to ensure ample
communication and coordination relative to planned encroachment permit
projects (non-emergency) in the downtown, including:
i. A minimum of 30-days written notification to Downtown SLO prior to
construction. Contractor shall be required to show proof of
communication;
ii. Mailers, doorhangers, and email to all businesses or residents within 300
feet of the impacted right of way a minimum of 30 days prior to impact.
Contractor shall be required to show proof of communication.
c) Downtown SLO shall be responsible for communicating with its membership
regarding project plans and status following receipt of project information from
the Contractor; and
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SECTION 8. The Council hereby directs staff to return to Council with
recommended updates to the Municipal Code to codify the policy contained herein.
Upon motion of Council Member Shoresman, seconded by Council Member
Francis, and on the following roll call vote:
AYES: Council Member Francis, Marx, Shoresman, Vice Mayor Pease, and
Mayor Stewart
NOES: None
ABSENT: None
The foregoing resolution was adopted this 5th day of December 2023.
___________________________
Mayor Erica A. Stewart
ATTEST:
______________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
______________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of San Luis Obispo, California, on ______________________.
___________________________
Teresa Purrington
City Clerk
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Exhibit A
Downtown Core as Defined in the Land Use Element of the General Plan
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