Agenda packet — San Luis Obispo City Council, March 1, 2022 (part 1 of 3)

City Council
AGENDA

Tuesday, March 1, 2022, 5:30 p.m.

Teleconference - Broadcast via Webinar
Pursuant to Executive Orders N-60-20 and N-08-21 executed by the Governor of California, and subsequently Assembly Bill 361, enacted in response to the state of emergency relating to novel coronavirus disease 2019 (COVID-19) and enabling teleconferencing accommodations by suspending or waiving specified provisions in the Ralph M. Brown Act (Government Code § 54950 et seq.), members of the public, City Council, City Manager, City Attorney, City Staff, and City Consultants may participate in this regular meeting by teleconference.

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:

Remote Viewing - Members of the public who wish to watch the meeting can:

Join the Webinar:

URL: https://slocity-org.zoom.us/j/86730270052?pwd=dnc1K0YxeElzNEdvenJrUVVlSS90QT09 Telephone Attendee: +1 (669) 900-6833
Webinar ID: 867 3027 0052; Passcode: 651083
Note: The City utilizes Zoom Webinar for City Council Meetings. All attendees will enter the meeting muted. Prior to joining the meeting, consider reviewing the following tutorials: Joining a Zoom Meeting, Zoom Audio & Video Basics, Basic In-Meeting Navigation Watch the meeting televised live on Charter Cable Channel 20 View a livestream of the meeting on the City’s YouTube channel: http://youtube.slo.city 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 [email protected] 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 public comment for the item you would like to speak on is called, please raise your virtual hand, your name will be called, and your microphone will be unmuted. If you have questions, contact the office of the City Clerk at [email protected] or (805) 781-7100.

Pages

1. CALL TO ORDER
Mayor Erica A. Stewart will call the Regular Meeting of the San Luis Obispo City Council to order.

2. PLEDGE OF ALLEGIANCE
Vice Mayor Christianson will lead the Council in the Pledge of Allegiance.

3. PRESENTATIONS

3.a. CITY MANAGER REPORT
Receive a brief report from City Manager Derek Johnson.

3.b. INTRODUCTION - BEYA MAKEKAU, DIVERSITY EQUITY AND

INCLUSION MANAGER
City Manager Derek Johnson will introduce Beya Makekau as the new Diversity Equity and Inclusion Manager.

3.c. INTRODUCTION - HANS POSCHMAN, ASSISTANT TO THE CITY

MANAGER
Deputy City Manager Greg Hermann will introduce Hans Poschman as the new Assistant to the City Manager.

3.d. PROCLAMATION - WOMEN'S HISTORY MONTH
Mayor Stewart will present a Proclamation declaring the month of March as "Women's History Month."

4. PUBLIC COMMENT PERIOD FOR ITEMS NOT ON THE AGENDA
Not to exceed 15 minutes. 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.

5. CONSENT AGENDA
Not to exceed 15 minutes. 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.

Recommendation:

To approve Consent Calendar Items 5a-5i.

5.a. WAIVE READING IN FULL OF ALL RESOLUTIONS AND

ORDINANCES
Recommendation:

Waive reading of all resolutions and ordinances as appropriate.

5.b. MINUTES REVIEW - FEBRUARY 7, 2022, FEBRUARY 8, 2022, AND FEBRUARY 15, 2022 COUNCIL MINUTES
9 Recommendation:

Approve the following minutes of the City Council:
• February 7, 2022 Special Meeting to hold a Closed Session February 8, 2022 Special Meeting to hold an EOC Training for Elected Officials
•
• February 15, 2022 Regular Meeting

5.c. REAFFIRM RESOLUTION NO. 11278 AUTHORIZING CONTINUING TO MEET VIRTUALLY PURSUANT TO ASSEMBLY BILL 361
19 Recommendation:

Reaffirm Resolution No. 11278 (2021 Series) entitled, “A Resolution of the City of San Luis Obispo, California, proclaiming the continued need to meet by teleconference pursuant to Government Code Section 54953(e).”

5.d. ANNUAL REPORT FOR THE SAN LUIS RANCH MITIGATION

MONITORING AND REPORTING PROGRAM AND DEVELOPMENT

AGREEMENT
25 Recommendation:

Receive and file the annual monitoring report for the San Luis Ranch Mitigation Monitoring and Reporting Program and Development Agreement.

5.e. ANNUAL MONITORING OF THE AVILA RANCH DEVELOPMENT

AGREEMENT AND COMMUNITY FACILITIES DISTRICT
85 Recommendation:

Receive and file the annual monitoring report for the Avila Ranch Development Agreement and Community Facilities District.

5.f. AUTHORIZATION TO SUBMIT 2020-21 LOW CARBON TRANSIT

OPERATIONS PROGRAM (LCTOP) GRANT APPLICATIONS,

ELECTRIC VEHICLE (EV) INFRASTRUCTURE
95 Recommendation:

Adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, authorizing the City Manager or their Designee, to file, execute and fulfill any related Low Carbon Transportation Operations Program Grant Applications, Certifications, Assurances, Forms, Agreements, and Associated Documents on behalf of the City.”

5.g. REQUEST FOR PROPOSALS FOR THE DESIGN OF THE

WASTEWATER MAINTENANCE SHOP
101
Recommendation:

Authorize the issuance of a Request for Proposal (RFP) for the design of the Wastewater Maintenance Shop and,

1. Authorize the City Manager to execute an agreement with the selected consultant; and,

2. Authorize the Finance Director to execute and amend the Purchase Order for the selected consultant within the available project budget.

3. 5.h. SECOND READING AND ADOPTION OF ORDINANCE NO. 1708 (2022 SERIES) APPROVING THE REZONE OF A PROPERTY
LOCATED AT 600 TANK FARM ROAD FROM BUSINESS PARK (BPSP) TO COMMERCIAL SERVICES (C-S-SP), AND ADOPT

ASSOCIATED TEXT AMENDMENTS TO THE AIRPORT AREA

SPECIFIC
129
Recommendation:

Adopt Ordinance No. 1708 (2022 Series) entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California, approving a rezone for property at 600 Tank Farm Road. The project includes amending the Zoning Map to change the zoning designation of the associated properties from Business Park (BP-SP) to Commercial Services (C-S-SP), respectively, and making associated text amendments to the Airport Area Specific Plan to be consistent with the 600 Tank Farm mixed-use development plan in accordance with the adopted Final Environmental Impact Report, as represented in the City Council staff report and attachments dated March 1, 2022 (600 Tank Farm: PR-0005-2021, GENP-0814-2019, SPEC-0407-2020, EID-0608- 2020).”

5.i. LAGUNA LAKE GOLF COURSE CONCESSIONAIRE AGREEMENT

WITH ZEN DOG, LLC
137
Recommendation:

Approve an Agreement with Zen Dog, LLC to provide a food and beverage concessionaire service at the Laguna Lake Golf Course.

6. STUDY SESSION

6.a. AMERICAN RESCUE PLAN ACT AND STATE AND LOCAL FISCAL RECOVERY FUNDS (Estimated Time: 60 minutes)
155
Recommendation:

Direct Staff to return at the 2022-2023 Supplemental Budget to appropriate $3.5 million towards affordable housing that targets extremely low and very low income and/or homeless persons most impacted by COVID-19; $1 million to the infrastructure investment fund; and $100,000 to augment the Human
Relations Commission annual Grants in Aid (GIA) cycle one time to further support health and human services programs or projects; or

1. Provide other strategic budget direction to staff on the use of the unappropriated portion of American Rescue Plan Act
(ARPA) funds (in the amount of $4.6 million) for consideration with the 2022-2023 Supplemental Budget.

2. 6.b. INCLUSIONARY HOUSING ORDINANCE UPDATE AND BELOW

MARKET RATE HOUSING ADMINISTRATION STUDY SESSION
(Estimated Time: 120 minutes)
175
Recommendation:

Receive a presentation and provide feedback on the City’s current inclusionary housing requirements, a preliminary inclusionary housing update recommendation, and the progress to date on the onboarding of a Below Market Rate (BMR) Housing Administrator.

7. PUBLIC HEARING AND BUSINESS ITEMS

7.a. CONSIDERATION OF THE FISCAL YEAR 2022-23 COMMUNITY

DEVELOPMENT BLOCK GRANT (CDBG) FUNDING
RECOMMENDATIONS (Estimated Time: 30 minutes)
303
Recommendation:

As recommended by the Human Relations Commission (HRC), adopt a Resolution entitled, “A Resolution of The City Council of The City of San Luis Obispo, California, approving The 2023 Community Development Block Grant (CDBG) Program” to approve funding allocations for an estimated total of $494,210 of CDBG funds for the 2022-23 Fiscal Year.

8. 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 their 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)

9. ADJOURNMENT
The next Regular Meeting of the City Council will be held in-person in the Council Chambers at City Hall, 990 Palm St., San Luis Obispo. The meeting will take place on March 15, 2022 with an early start time of 5:00 p.m.

NOTE: Zoom participation will not be supported, as this will be an in-person meeting.

LISTENING ASSISTIVE DEVICES for the hearing impaired - see the 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.
1 Council Minutes
February 7, 2022, 5:15 p.m.

Teleconference - Broadcast via Webinar
Council Members

Present:

Council Member Jan Marx, Council Member Andy Pease,
Council Member Michelle Shoresman, Vice Mayor Carlyn
Christianson, Mayor Erica A. Stewart
City Staff Present: Derek Johnson, City Manager, Christine Dietrick, City Attorney, Teresa Purrington, City Clerk
_____________________________________________________________________

1. CALL TO ORDER
A Closed Session of the San Luis Obispo City Council was called to order on February 7, 2022 at 5:15 p.m. by Mayor Stewart, with all Members present via teleconference.

2. PUBLIC COMMENT ON CLOSED SESSION ITEMS ONLY
Public Comment:

Joe Benson
--End of Public Comment--

3. CLOSED SESSION ITEMS

3.a CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code § 54957.6
ACTION: City Attorney Christine Dietrick reported that bargaining direction was provided, and no reportable action was taken.

3.b CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Paragraph (1) of subdivision (d) of Government Code §54956.9; Name of case: Pamela Langley, Renee Askew, Aaron Stinnet, Edward Marquez, Christina Malmen, individuals; and Hope’s Village of SLO, a non-profit corporation v. City of San Luis Obispo, a municipality; and DOES 1 to 10, inclusive; United Stated District Court Central District of California Case No. 2:21-cv-07479
ACTION: City Attorney Christine Dietrick reported no reportable action was taken.

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2 3.c 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. (CVRA) ACTION: City Attorney Christine Dietrick reported no reportable action was taken.

3.d CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code §54956.8
Property:

APN 002-435-023
ACTION: City Attorney Christine Dietrick reported Council provided direction on price and terms of purchase and no other reportable action was taken..

3.e CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION ACTION: City Attorney Christine Dietrick reported that on a Motion by Vice Mayor Christianson, Second by Council Member Marx, and a vote of 5-0, the Council authorized defense of the action and retention of outside legal counsel with authorization for the City Manager to approve the contract, subject to approval of the City Attorney.

4. ADJOURNMENT
The meeting was adjourned at 7:57 p.m. The next Regular City Council Meeting is scheduled for February 15, 2022 at 6:00 p.m. via teleconference.

APPROVED BY COUNCIL: XX/XX/202X

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1 Council Minutes
February 8, 2022, 6:00 p.m.

San Luis Obispo Fire Station #1
2160 Santa Barbara Ave., San Luis Obispo
Council Members

Present:

Council Member Jan Marx, Council Member Andy Pease,
Council Member Michelle Shoresman, Vice Mayor Carlyn
Christianson, Mayor Erica A. Stewart
City Staff Present: Derek Johnson, City Manager
_____________________________________________________________________

1. CALL TO ORDER
A Special Meeting of the San Luis Obispo City Council was called to order on February 8, 2022 at 6:00 p.m. by Mayor Stewart.

2. PUBLIC COMMENT FOR ITEMS ON THE AGENDA ONLY
Public Comment:

None
--End of Public Comment--

3. EMERGENCY OPERATIONS CENTER TRAINING FOR ELECTED OFFICIALS City Council Members attended an Emergency Operations Center training, hosted by San Luis Obispo Fire Station No. 1 staff and the consulting firm, Resolute.

4. ADJOURNMENT
The meeting was adjourned at 9:00 p.m. The next Regular City Council Meeting is scheduled for February 15, 2022 at 6:00 p.m. via teleconference.

APPROVED BY COUNCIL: XX/XX/202X

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1 Council Minutes
February 15, 2022, 6:00 p.m.

Teleconference - Broadcast via Webinar
Council Members

Present:

1. CALL TO ORDER
A Regular Meeting of the San Luis Obispo City Council was called to order on February 15, 2022 at 6:00 p.m. by Mayor Stewart, with all Members present via teleconference.

2. PLEDGE OF ALLEGIANCE
Council Member Shoresman led the Council in the Pledge of Allegiance.

3. PRESENTATIONS

3.a CITY MANAGER REPORT
City Manager Derek Johnson provided a report on upcoming projects and a status update on COVID-19.

3.b TEEN DATING VIOLENCE ACTION AND PREVENTION MONTH

PROCLAMATION
Mayor Stewart presented a proclamation declaring the month of February as "Teen Dating Violence Action and Prevention Month" to Andy Cooper and Zoe Meyer on behalf of Lumina Alliance.

3.c BLACK HISTORY MONTH PROCLAMATION
Mayor Stewart presented a proclamation declaring the month of February as "Black History Month" to the Diversity Coalition San Luis Obispo County.

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2 4. PUBLIC COMMENT PERIOD FOR ITEMS NOT ON THE AGENDA
Public Comment:

Fred Starbuck
Chris Nutts
--End of Public Comment--

5. CONSENT AGENDA
Motion By Vice Mayor Christianson
Second By Council Member Marx
To approve Consent Calendar Items 5a to 5g.

Ayes (5): Council Member Marx, Council Member Pease, Council Member Shoresman, Vice Mayor Christianson, and Mayor Stewart
CARRIED (5 to 0)

5.a WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES Waive reading of all resolutions and ordinances as appropriate.

5.b MINUTES REVIEW - FEBRUARY 1, 2022 COUNCIL MINUTES
Approve the minutes of the City Council meeting held on February 1, 2022.

5.c AUTHORIZATION TO ADVERTISE SANTA ROSA AT MONTEREY
INTERSECTION IMPROVEMENTS, SPECIFICATION NO. 1000559

1. Approve the project plans for Santa Rosa at Monterey Intersection Improvements, Specification Number 1000559; and

2. Authorize staff to advertise for bids; and

3. Authorize the City Manager to award a Construction Contract pursuant to Section 3.24.190 of the Municipal Code for the bid total, if the lowest responsible bid is within the project budget of $1,000,000; and

4. Authorize the City Manager to execute Contract Change Orders in excess of $100,000 if within the total available project budget.

5.d AUTHORIZATION TO ADVERTISE AREA 6 & 7 CURB RAMPS
CONSTRUCTION, SPECIFICATION NO. 1000558

Page 14 of 381 ends

3 1. Approve the project plans and specifications for Area 6 & 7 Curb Ramps, Specification Number 1000558; and

2. Authorize staff to advertise for bids; and

3. Authorize the City Manager to award the Construction Contract pursuant to Section 3.24.190 of the Municipal Code for the bid total, if the lowest responsible bid is within the publicly disclosed funding amount of $890,000; and

4. Adopt Resolution No. 11306 (2022 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, authorizing use of Capital Projects Reserve Fund to support Curb Ramp Construction Work for Area 6 & 7 Curb Ramps, Specification No. 1000558” and appropriate $1,000,000 from the Capital Projects Reserve Fund to the Project Account 1000558; and

5. Approve a transfer of $1,000,000 from Streets Resurfacing and Reconstruction Account (90346) to the Capital Projects Reserve Fund on July 1, 2022; and

6. Authorize the City Manager to execute Contract Change Orders in excess of $100,000.

5.e AUTHORIZE AN APPLICATION FOR THE MIOSSI CHARITABLE TRUST GRANT

1. Approve a grant application in the amount of $10,795 to the Miossi Charitable Trust for a project to study benthic macroinvertebrates in the San Luis Obispo Creek watershed; and

2. If awarded, authorize the City Manager, or their designee, to execute the grant documents and approve the budget changes necessary to appropriate the grant.

5.f SECOND READING AND ADOPTION OF ORDINANCE NO. 1707 (2022 SERIES) AMENDING TITLE 10, CHAPTER 36 (STOPPING, STANDING

AND PARKING FOR CERTAIN PURPOSES OR IN CERTAIN PLACES)

TO REVISE THE PARKING PERMIT PROGRAM FOR COMMERCIAL

PROPERTIES
Adopt Ordinance No. 1707 (2022 Series) entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California, amending Title 10, Chapter 36 (Stopping, Standing and Parking for Certain Purposes or in Certain Places), of the San Luis Obispo Municipal Code.”

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4 5.g AMEND THE 2022 COUNCIL MEETING SCHEDULE TO CANCEL THE APRIL 5, 2022 CITY COUNCIL MEETING
Amend the 2022 City Council meeting calendar to cancel the Regular City Council Meeting of Tuesday, April 5, 2022.

6. PUBLIC HEARING AND BUSINESS ITEMS

6.a FY 2021-22 MID-YEAR BUDGET REVIEW
Finance Director Brigitte Elke and Principal Budget Analyst Natalie Harnett provided an in-depth staff report and responded to Council questions.

Public Comments:

Molly Kern
Angela Tahti
Bettina Swigger
Kelly Donahue
Kevin Harris
Ellie Washington
Catherine Luckett
Dave Christy
Charley Beck
Melody Klemin
---End of Public Comment---
Motion By Vice Mayor Christianson
Second By Council Member Pease

1. Receive and discuss the Mid-Year Budget report based on revised projections for all major funds at the mid-point of the 2021-22 fiscal year; and

2. Adopt Resolution No. 11307 (2022 Series) entitled, “A Resolution of the Council of the City of San Luis Obispo, California, approving amendments to the adopted 2021-22 Budget Appropriations and authorizing the City Manager to approve National Pollutant Discharge Elimination System Permit Violation Settlements” and approve the one-time and ongoing allocations as stated in the Mid-year Budget Report including the annual Transportation Development Act appropriation.; and

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5 The City Council also provided direction to return with recommendations to prioritize $4.5 million of ARPA funding towards housing and homelessness and $100,000 for additional assistance to local non-profits.

Ayes (5): Council Member Marx, Council Member Pease, Council Member Shoresman, Vice Mayor Christianson, and Mayor Stewart
CARRIED (5 to 0)

6.b INTRODUCE AN ORDINANCE TO RENEW A FRANCHISE
AGREEMENT FOR EXISTING PIPELINES WITHIN THE CITY RIGHTSOF-WAY WITH PHILLIPS 66 PIPELINE LLC Public Works Director Matt Horn and Administrative Analyst Paul Fields provided an in-depth staff report and responded to Council questions.

Public Comments:

None
---End of Public Comment---
Motion By Council Member Pease
Second By Council Member Marx
Introduce Ordinance No. 1709 (2022 Series) entitled “An Ordinance of the City Council of the City of San Luis Obispo, California, granting to Phillips 66 Pipeline LLC a franchise to construct, operate and maintain pipelines for the transportation of oil, and other specified materials in the City of San Luis Obispo” to renew a franchise agreement with Phillips 66 Pipeline LLC for common carrier pipelines located in the City’s rights-of-way Ayes (5): Council Member Marx, Council Member Pease, Council Member Shoresman, Vice Mayor Christianson, and Mayor Stewart
CARRIED (5 to 0)

7. LIAISON REPORTS AND COMMUNICATIONS
Council Member Pease noted the Groundwater Sustainability Commission will be submitting the first annual report and comments are due February 23rd with a follow up meeting March 9.

Mayor Stewart has a CAPSLO board meeting on Thursday. Congressman Carbajal will be in town attending the Congressional Women of the Year award on Thursday.

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6 8. ADJOURNMENT
The meeting was adjourned at 10:07 p.m. The next Regular City Council Meeting is scheduled for March 1, 2022 at 6:00 p.m. via teleconference.

APPROVED BY COUNCIL: XX/XX/202X

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Item 5c
Department: Administration
Cost Center: 1021
For Agenda of: 3/1/2022
Placement: Consent
Estimated Time: N/A
FROM: Greg Hermann, Deputy City Manager
Prepared By: Teresa Purrington, City Clerk
SUBJECT: REAFFIRM RESOLUTION NO. 11278 AUTHORIZING CONTINUING TO MEET VIRTUALLY PURSUANT TO ASSEMBLY BILL 361

RECOMMENDATION
Reaffirm Resolution No. 11278 (2021 Series) entitled, “A Resolution of the City of San Luis Obispo, California, proclaiming the continued need to meet by teleconference pursuant to Government Code Section 54953(e).”

DISCUSSION
On October 5, 2021, City Council adopted Resolution No. 11278 (2021 Series) (Attachment A) which proclaimed the continued need to meet by teleconference pursuant to Government Code Section 54953 (e). Adoption of the Resolution reaffirms current County Public Health Officer orders and guidance as well as CalOSHA requirements as the basis for continuing to meet virtually. It should be noted that adoption of the Resolution does not prohibit the conduct of a traditional or hybrid meeting if the circumstances of the declared health emergency change. Additionally, as required by Gov. Code § 54953(e)(G)(3), the City Council must make these findings every 30 days for as long as the City is conducting virtual meetings. Reaffirming the adoption of Resolution 11278 (2021 Series) satisfies this requirement.

The City Council will be returning to in person meeting effective March 15, 2022.

Public Engagement
This is an administrative item, so no outside public engagement was completed. Public comment can be provided to the City Council through written correspondence prior to the meeting or through public testimony at the meeting.

ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to the recommendation in this report, because the action does not constitute a “Project” under CEQA Guidelines sec. 15378.

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Item 5c

FISCAL IMPACT
Budgeted: Yes Budget Year: 2021-22
Funding Identified: Yes
Fiscal Analysis:

Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $ N/A $ $ $
State
Federal
Fees
Other:

Total $N/A $ $ $
The cost to run the meetings virtually and associated staff time are included in the City Clerk and IT annual budget appropriation. Additional costs will be incurred if a hybrid meeting format is desired. If Council would like to move to hybrid meetings, then staff would submit a request for additional funding at the mid-year budget review.

ALTERNATIVES
Council could choose not to adopt the Resolution. Staff does not recommend this action because doing so would put the city out of alignment with County Public Health Order No. 6 and would require that meetings be conducted according to the unamended requirements of the Brown Act.

ATTACHMENTS
A – Resolution No. 11278 (2021 Series)

Page 20 of 381 ends

R 11278
RESOLUTION NO. 11278 (2021 SERIES)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS

OBISPO, CALIFORNIA, PROCLAIMING THE CONTINUED NEED TO

MEET BY TELECONFERENCE PURSUANT TO GOVERNMENT CODE
SECTION 54953(E).

WHEREAS, on March 4, 2020, the Governor of California proclaimed a State of Emergency to exist in California as a result of the threat of novel coronavirus disease 2019 (COVID-19); and
WHEREAS, on March 16, 2020, the City Manager, acting as the Emergency Services Director, approved a proclamation declaring a local emergency as defined in the City of San Luis Obispo Municipal Code Section 2.24.020, due to the threat of the existence and spread of COVID-19; and
WHEREAS, on March 17, 2020, the Governor of California executed Executive Order N-29-20 which suspended and modified specified provisions in the Ralph M. Brown Act (Government Code Section § 54950 et seq.) and authorized local legislative bodies to hold public meetings via teleconferencing and to make public meeting accessible telephonically or otherwise electronically to all members of the public seeking to observe and address the local legislative body; and
WHEREAS, on June 11, 2021, the Governor of California executed Executive Order N-08-21 which extended the provisions of Executive Order N-29-20 concerning teleconference accommodations for public meetings through September 30, 2021; and WHEREAS, on August 31, 2021, the San Luis Obispo County Health Officer, Penny Borenstein, M.D., executed Order No. 6 requiring face coverings in all public indoor settings
WHEREAS, on September 16, 2021, the Governor of California signed into law Assembly Bill 361 amending Government Code § 54953 and providing alternative teleconferencing requirements to conduct public meetings during a proclaimed state of emergency; and
WHEREAS, AB 361 imposes requirements to ensure members of the public are able to attend and participate in public meetings conducted via teleconference, including:
• Notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option;
DocuSign Envelope ID: 75944827-1C51-4DAC-B82C-ECEA431430EA

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Resolution No. 11278 (2021 Series) Page 2
R 11278
• The legislative body shall take no further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments, until public access is restored;
• Prohibits the legislative body from requiring public comments to be submitted in advance of the meeting and specifies that the legislative body must provide an opportunity for members of the public to address the legislative body and offer comments in real time;
• Prohibits the legislative body from closing the public comment period until the public comment period has elapsed or until a reasonable amount of time has elapsed; and
WHEREAS, the City has already implemented and is in full compliance with the requirements listed above when conducting public meetings via teleconference, which are now codified in Government Code § 54953(e)(2)(B-G); and WHEREAS, pursuant to Government Code § 54953(e)(B), the legislative body shall hold a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health and safety of attendees. The City Council must make these findings no later than 30 days after the first teleconferenced meeting is held pursuant to AB 361 (Stats. 2021, ch. 165) after September 30, 2021, and must also make these findings every 30 days thereafter, in order to continue to allow teleconference accessibility for conducing public meetings.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:

SECTION 1. The City Council hereby declares that the recitals set forth above are true and correct, and incorporated into this resolution as findings of the City Council.

SECTION 2. The City Council hereby declares that a state of emergency as a result of the threat of COVID-19 still exists and continues to impact the ability of members of the public, the City Council, City Boards, Commissions, and Committees, City staff and consultants to meet safely in person.

SECTION 3. The State of California and the City of San Luis Obispo continue to follow safety measures in response to COVID-19 as ordered or recommended by the Centers for Disease Control and Prevention (CDC), California Department of Public Health (DPH), and/or County of San Luis Obispo, as applicable, including facial coverings when required and social distancing.

DocuSign Envelope ID: 75944827-1C51-4DAC-B82C-ECEA431430EA

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Resolution No. 11278 (2021 Series) Page 3
R 11278
SECTION 4. The City Council hereby declares that, pursuant to the findings listed in this Resolution, the City Manager is authorized to utilize teleconferencing accessibility to conduct public meetings pursuant to AB 361 and Government Code § 54953, as amended thereby.

SECTION 5. Effective Date of Resolution. This Resolution shall take effect immediately upon its adoption and shall be effective for 30 days. In accordance with AB 361, the City Council shall re-consider the passage of this resolution not less than every 30 days to determine whether a state of emergency continues to directly impact the ability of the members to meet safely in person or whether state or local officials continue to impose or recommend measures to promote social distancing.

Upon motion of Vice Mayor Christianson, seconded by Council Member Marx, and on the following roll call vote:

AYES: Council Member Christianson, Marx, Pease, and Mayor Stewart NOES: None
ABSENT: None
The foregoing resolution was adopted this 5
th day of October 2021.
___________________________
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
DocuSign Envelope ID: 75944827-1C51-4DAC-B82C-ECEA431430EA 10/12/2021 | 9:16 AM PDT

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Item 5d
Department: Community Development
Cost Center: 4003
For Agenda of: 3/1/2022
Placement: Consent
Estimated Time: N/A
FROM: Michael Codron, Community Development Director
Prepared By: Esteban Cano-Gutierrez, Financial Analyst & John Rickenbach, Contractor SUBJECT: ANNUAL REPORT FOR THE SAN LUIS RANCH MITIGATION

MONITORING AND REPORTING PROGRAM AND DEVELOPMENT

AGREEMENT

RECOMMENDATION
Receive and file the annual monitoring report for the San Luis Ranch Mitigation Monitoring and Reporting Program and Development Agreement.

DISCUSSION
Background
On July 18, 2017, the City Council approved the San Luis Ranch project and certified the Final EIR and Mitigation Monitoring and Reporting Program (MMRP). On July 17, 2018, the City Council approved the Development Agreement (DA) between the City and MI San Luis Ranch, LLC. In addition, the MMRP was amended at that time to address minor changes to the phasing of certain required transportation improvements. Both the DA and MMRP require annual monitoring and reporting of activities per Articles 10 & 11 of the DA.

Mitigation Monitoring and Reporting Program and Development Agreement Report The MMRP and DA Report (Attachment A) fulfills that obligation with the current status of compliance with all mitigation measures and DA provisions in the San Luis Ranch Development. In summary, the project is in compliance with all applicable mitigation measures and DA provisions. In some instances, compliance is ongoing (e.g., with respect to biological and cultural resource measures). In other cases, compliance cannot yet be determined because the project has not progressed sufficiently to trigger the required mitigation (e.g., items that relate to the design of commercial buildings).

The San Luis Ranch MMRP and DA Report includes, in addition to the MMRP and DA compliance analysis (including operating memoranda), a reporting on the project’s CEQA documentation, an update regarding the Community Facilities District (CFD), and an update on the project development and public improvements in the project area in general and by subarea.

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Item 5d
Also included in the report are the Mitigation Monitoring and Reporting Program Compliance (Exhibit A), a Summary of Mitigation Compliance (Exhibit B), and a Summary of Development Agreement Compliance (Exhibit C).

Policy Context
San Luis Ranch is a housing project with major infrastructure requirements such as the Prado Road interchange, a significant project that benefits the development, the City as a whole and the entire region equally. In addition, the project provides housing as determined to be consistent with the City's General Plan and the City's Major City Goal for housing production.

Public Engagement
The annual monitoring report requires a “notify” level of public engagement that was accomplished through the publication of the agenda and associated report.

CONCURRENCE
The Finance Department concurs with the financial information contained in this report.

The Engineering Division and Office of Sustainability have reviewed the MMRP and DA and provided compliance status, which is incorporated into the monitoring reports.

ENVIRONMENTAL REVIEW
Annual monitoring of the San Luis Ranch MMRP and DA (including the related CFD) are categorically exempt from California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15306 (Information Collection) and that the action otherwise qualifies for a “common sense” exemption pursuant to Section 15061(b)(3), which covers activities “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” Annual monitoring does not change any aspect of the approved San Luis Ranch project, nor does it introduce the potential for any new environmental impacts. Under Section 15306, the Secretary for the California Natural Resources Agency has concluded that “basic data collection, research and resource evaluation activities which do not result in a serious or major disturbance to an environmental resource” are exempt from CEQA. Therefore, the proposed action is categorically exempt from further analysis under CEQA.

FISCAL IMPACT
Budgeted: No Budget Year: 2021-22
Funding Identified: N/A

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Item 5d
Fiscal Analysis:

Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $0 $ $ $
State
Federal
Fees $153,238.44 0 0 0
Other:

Total $153,238.44 $0 $0 $0
San Luis Ranch is a Community Facility District, and the required infrastructure is funded through a special tax assessment in the district. The City is authorized to levy the tax through the annual property tax roll. While not required under the provisions of the RMA, the City may levy the maximum special tax for developed parcels each fiscal year. Special tax revenues collected, that are not otherwise needed to fund the administration of the CFD, the related debt service, or to replenish the bond reserve fund, may be allocated to “pay-as-you-go cost” for district infrastructure.

In taxing developed parcels for FY 2021-22, there will be a total of $153,238.44 collected of which $118,488.44 are considered “pay-as-you-go” cost.

ALTERNATIVES

1. Council Could provide direction to staff regarding the annual monitoring report for the San Luis Ranch MMRP and DA (including the related CFD) and continue the item to a future meeting.

2. Council could reject the annual monitoring report for the San Luis Ranch MMRP and DA, and by extension, the CFD. This is not recommended since annual monitoring is a requirement of the MMRP and DA, and by extension, the CFD.

ATTACHMENTS
A - San Luis Ranch MMRP and DA Annual Report
Exhibit A – MMRP Compliance
Exhibit B – Mitigation Compliance
Exhibit C – DA Compliance

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1 CITY OF SAN LUIS OBISPO
Mitigation Monitoring and Reporting
Program and Development Agreement

SAN LUIS

RANCH ANNUAL
REPORT

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ANNUAL REPORT FOR THE SAN LUIS RANCH

MITIGATION MONITORING AND REPORTING

PROGRAM AND DEVELOPMENT AGREEMENT
On July 18, 2017, the City Council approved the San Luis Ranch project and certified the Final EIR and Mitigation Monitoring and Reporting Program (MMRP). On July 17, 2018, the City Council approved the Development Agreement (DA) between the City and MI San Luis Ranch, LLC. In addition, the MMRP was amended at that time to address minor changes to the phasing of certain required transportation improvements. Both the DA and MMRP require annual monitoring and reporting of activities per Articles 10 & 11 of the Development Agreement.

Mitigation Monitoring and Reporting Program
Exhibit A and B report on the current status of compliance with all mitigation measures.

In summary, the project is in compliance with all applicable mitigation measures required to date. In some instances, compliance is ongoing (e.g., with respect to biological and cultural resource issues). In other cases, compliance cannot yet be determined because the project has not progressed sufficiently to trigger the required mitigation (e.g., items that relate to the design of commercial buildings). Attachment B is a summarized version of the MMRP for easy reference, with all mitigation measures put in sequential order of when compliance is required.

Development Agreement and Operating Memoranda
The Development Agreement (“DA”) for the San Luis Ranch project was adopted by the City Council on August 21, 2018 and recorded on September 18, 2018. In general terms, it defines the developer’s responsibilities in constructing or financing public infrastructure related to the project and defines the City’s obligations with respect to facilitating development consistent with the adopted San Luis Ranch Specific Plan (“SLRSP”). It also includes an Affordable Housing Plan, which has formed the basis for housing aspects of subsequent development projects under the SLRSP.

The DA has not been formally amended since its adoption. However, pursuant to Section

9.03 of the DA, two operating memoranda have been executed by the City Manager that clarify certain aspects of implementing the project.

Operating Memorandum #1 (OM1) was executed on May 8, 2019 and clarified logistics for implementing certain required improvements under the DA and Conditions of Approval. Operating Memorandum #2 (OM2) was executed on August 7, 2020 and was intended to allow the developer to proceed with the recording of a Final Map with respect to VTTM 3096 and to facilitate the construction of the improvements as contemplated under the terms of the DA, building on OM1.Consistent with Articles 10 and 11 of the DA, a report documenting compliance with the DA must occur on an annual basis. The first such compliance report was presented to the City Council in February 2020 and found

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that all active development applications have complied with all required provisions of the DA (Exhibit C).

California Environmental Quality Act (CEQA) Documentation The San Luis Ranch Specific Plan (SLRSP) Final Environmental Impact Report (Final EIR) was certified in July 2017. A Final Supplemental EIR was certified in July 2018, which studied a Specific Plan Amendment that allowed for more flexibility in project implementation, eliminating strict phasing. An Addendum to the original certified Final EIR was adopted in August 2018, which considered modified traffic mitigation requirements stemming from increased housing potential within the SLRSP, including increased affordable housing within the NC zone. The Addendum was used as the primary CEQA compliance document for a second Specific Plan Amendment, which addressed this increased housing potential. The City Council approved that action on November 17, 2020.

All projects pursuant to the SLRSP must comply with the Mitigation Monitoring and Reporting Program (MMRP). Consistent with Articles 10 and 11 of the DA, a report documenting compliance with the MMRP must occur on an annual basis. The first such compliance report was presented to the City Council in February 2020 and found that all active development applications have complied with all required provisions of the MMRP.

Community Facilities District
Pursuant to Section 5.02 of the Development Agreement, a Mello-Roos Community Facilities District (CFD) was established and approved by the City Council in February 2019 and formally adopted on April 16, 2019 (Ordinance No. 1661).

The CFD is the mechanism that facilitates the collection of revenue as development occurs, that revenue cover bonded indebtedness used for the funding of various public improvements for which the City authorized the CFD in an aggregate principal amount of not to exceed $25,000,000 secured by the levy of the special tax within the CFD. On April 20, 2021 the Council approved the first bond issuance for the aggregate principal amount of $20,500,000.

The CFD is based on the Financing Plan included in the DA. Currently, the developer has issued 58 building permits (23 for low-density residential and 35 for medium-density residential). By allocating 100 percent of the assigned special tax for all developed parcels, the total special tax levy for the FY2021-22 amounts to $153,238.44.

Each fiscal year, the District Administrator will calculate the maximum amount of special tax revenue that may be collected from all taxable parcels in the CFD. Given the fact that the district is currently being build-out, the levy for FY 2021-22 is based on the number of building permits issued by the first week of June 2021. Currently, the developer has issued 58 building permits (23 for low-density residential and 35 for medium-density residential). By allocating 100 percent of the assigned special tax for all developed parcels, the total special tax levy for the FY2021-22 amounts to $153,238.44.

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The initial debt service will be paid for by capitalized interest funds established through the issuance of CFD bonds. In total, interest-only debt service payments for September 2021, and Calendar Year 2022, in the amount of $962,086.67 will be paid by the funds deposited in the Capitalized Interest Fund.

The City is authorized to fund the annual cost of the CFD from the special tax collected.

While not required under the provisions of the RMA, the City may levy the maximum special tax for developed parcels each fiscal year. Special tax revenues collected, that are not otherwise needed to fund the administration of the CFD, debt service, or to replenish the bond reserve fund, may be allocated to pay-as-you-go cost of required public infrastructure.

In taxing developed parcels for FY 2021-22, there will be a total of $118,488.44 collected that is not required for other authorized costs of the CFD. This amount may be used to fund pay-as-you-go costs or could be held by the City to offset FY 2022-23 annual costs.

Project Development and Public Improvements
Several project applications have come forward since the approval of the various documentation described above. The following summarizes the status of each, as well as both on- and off-site public improvements:

A. NG-10 (Single Family Residential).

Grading plans have been approved for this

21.5-acre portion of the SLRSP site, and
grading activity has occurred. Key
roadway infrastructure has been
completed, and the extensions of Froom
Ranch Way and Dalidio Drive are
completed to the point where those two
roadways meet. This 198-unit project was
initiated with the approval of VTTM 3096.

Building permits have been issued for both
model homes and production homes.

Final inspection approvals and occupancy
permits have been issued or are pending
for several homes.

B. NG-23 (Medium Density Residential).

This 83-unit project on a 7.3-acre site was
initiated with the approval of VTTM 3096. Building permits have been issued for both model homes and production homes. Final inspection approvals and occupancy permits have been issued or are pending for several homes.

C. NG-30 (Multi-Family Residential). The Planning Commission approved the development of up to 296 units within the NG-30 zone in February 2020, and recommended approval of VTTM 3150 to the City Council, which approved the VTTM on

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April 7, 2020. The Final Map was approved on October 6, 2020. VTTM 3150 is 10.6- acre portion of previously approved VTTM 3096. This project included a substantial affordable housing component. However, the Planning Commission also allowed for the affordable component of this project to be transferred to the commercially zoned area within the SLRSP (NC zone) if a suitable project in that area were proposed and approved. The historic ranch structures within that area have been evaluated, and the appropriate ones have been moved to the AG portion of the SLRSP. Building permits have been issued for the different multi-family product types and the respective builders have commenced construction.

D. NC (Hotel Project). The Planning Commission approved a 200-room dual brand hotel on a 3.41-acre site within the NC zone on July 22, 2020. The project was referred to the Airport Land Use Commission (ALUC) to consider whether it complied with all conditions related to a previous ALUC conformance finding with the Airport Land Use Plan (ALUP).

On September 2, 2020, the ALUC modified one of its previous conditions to ensure compliance. No building permits have been issued yet.

E. NC (Commercial Mixed-Use Project). On November 17, 2020, the City Council approved a Specific Plan Amendment and VTTM 3142, which would accommodate up to 114,300 SF of commercial and 77 affordable housing units on 11 lots within the subdivision. A Development Plan application would be required that would need to undergo the full range of development review steps. The project responds to the provision of previously approved development in the NG-30 zone that allowed for the potential transfer of the affordability requirement to a possible project in the NC zone. As a Specific Plan Amendment, the project required formal referral to the Airport Land Use Commission (ALUC). On October 21, 2020, the ALUC found the project in compliance with the Airport Land Use Plan.

F. AG (Agricultural Heritage and Learning Center). The Planning Commission approved the Agricultural Heritage and Learning Center portion of the project on October 27, 2021. This project would be located on a specific site identified within the 53-acre AG-zoned portion of the San Luis Ranch Specific Plan and includes 31,236 SF of building area. Building permit applications have been received for this campus and are currently under review.

G. Public Improvements. Public Improvement Plans (PIPs) have been approved for onsite improvements associated with VTTM 3096, and improvements are substantially complete, including the extension of backbone roadways, roundabouts, landscaping, utilities, storm drain systems, the park improvements, trail systems, and the bridge connection between the detached homes and multi-family campus. The extensions of Dalidio Drive and Froom Ranch Way into the site are completed, including the bridge and other roadway improvements that connect Froom Ranch Way to the existing commercial development near Los Osos Valley Road.

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Exhibits
A - Mitigation Monitoring and Reporting Program Compliance B - Summary of Mitigation Compliance
C - Summary of Development Agreement Compliance

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San Luis Ranch Project EIR
Mitigation Monitoring and Reporting Program (updated February 2022)

MITIGATION MONITORING AND REPORTING PROGRAM
This document is the Mitigation Monitoring and Reporting Program (MMRP) for the San Luis Ranch Project, proposed in the City of San Luis Obispo, California. Public Resources Code Section 21081.6(a)(1) requires that a Lead Agency adopt an MMRP before approving a project in order to mitigate or avoid significant impacts that have been identified in an Environmental Impact Report (EIR). The purpose of the MMRP is to ensure that the required mitigation measures identified in the EIR are implemented as part of the overall project development process. In addition to ensuring implementation of mitigation measures, the MMRP provides guidance to agency staff and decision-makers during project implementation, and identifies the need for enforcement action before irreversible environmental damage occurs. Where an impact was identified to be less than significant in the EIR, no mitigation measures were required.

The San Luis Ranch Project consists of a Specific Plan, General Plan Amendment/Pre-Zoning, and Development Plan/Vesting Tentative Tract Map for a 131-acre project site, including annexation of the site into the City of San Luis Obispo. The project includes construction of up to 580 residential units, 150,000 square feet of commercial development, 100,000 square feet of office development, and a 200-room hotel, with a portion of the site preserved for agriculture and open space uses. The following table summarizes the mitigation measures for each issue area identified in the Final EIR as updated through the Final Supplemental EIR for the project.

Specifically, the table identifies each mitigation measure; the action required for the measure to be implemented; the time at which the monitoring is to occur; the monitoring conditions; and the agency or party responsible for ensuring that the monitoring is performed. In addition, the table includes columns for compliance verification.

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San Luis Ranch Project EIR
Mitigation Monitoring and Reporting Program (updated February 2022) 2 Mitigation Measure
Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
Agricultural Resources
AG-1 Agricultural Conservation. Prior to issuance of any grading permits, the project proponent shall provide that for every one (1) acre of Important Farmland (Prime Farmland, Farmland of Statewide Importance, and Unique Farmland)
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 land dedicated to agriculture pursuant to this measure shall be of size, location and configuration
appropriate to maintain a viable, working agricultural
operation. The acreage required to meet the 1:1 ratio may be met by the off-site agricultural conservation
easement/deed restriction proposed by the project applicant, as long as this land meets the conditions outlined in this measure. Said mitigation shall be satisfied by the applicant through:
1) 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 required
easement(s) area or deed restriction(s) shall therefore total a minimum of 56 acres of Prime Farmland. 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
2) 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 a minimum of 56 acres of Prime
Farmland 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
3) 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 a
minimum of 56 acres of Prime Farmland in San Luis
Prior to issuance of any
grading permits for the project,
the applicant shall provide
evidence of the recorded
easement(s), deed
restriction(s), or evidence of
payment to the City Planning
Department or qualifying entity
for approval to demonstrate
compliance with this measure.

Notices, payment of in-lieu
fees, and/or dedication of
agricultural conservation
easements shall be completed
by the applicant prior to
development plan approval.

The City shall ensure
compliance with Land Use
Element Policy 8.6.3. The City
shall make the final decision on
the specific requirements for
agricultural mitigation prior to
development plan approval.

Compliance Status:

City staff worked with
development team in 2019 on
Final map, which slightly
modified the acreages of ag
preserved onsite. City staff
verified substantial conformance
with this mitigation measure in
August 2019.

City of San Luis
Obispo Planning
Department or
qualifying entity;
City of San Luis
Obispo Natural
Resources
Manager.
10-19 Yes

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San Luis Ranch Project EIR
Mitigation Monitoring and Reporting Program (updated February 2022) 3 Mitigation Measure
Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
Obispo County. The amount of the payment shall be
determined by the qualifying entity or a licensed
appraiser; or
4) Any combination of the above.

AG-3(a) Agricultural Conflict Avoidance Measures. The
following language shall be added to Section 4.2.1,
Agricultural Buffer, of the San Luis Ranch Specific Plan:

Agricultural buffers will include City-approved measures to reduce availability of public access to agricultural cultivation areas adjacent to the project site (e.g.,
fencing, signs, etc.). Future residents will be notified of agricultural buffers as part of purchase or lease
agreements.

The applicant shall add the
agricultural buffer
specifications to the Specific
Plan.

The City Natural Resources
Manager shall make the final
decision on the specific
requirements for agricultural
conflict avoidance measures
prior to development plan
approval for the project, and
shall ensure that agricultural
conflict avoidance measures are
implemented in compliance with
applicable General Plan
policies.

Compliance Status:

Language added to revised and
updated Specific Plan following
8-21-18 amendment.

City of San Luis
Obispo Natural
Resources
Manager.
8-18 Yes
AG-3(b) Agricultural Fencing. The project applicant shall coordinate with the City to fund installation of fencing and signs along Froom Ranch Way and Dalidio Drive/Prado
Road to minimize potential for increases in trespass and vandalism of adjacent agricultural areas.

The applicant shall clearly
identify agricultural fencing
within the development plan
and tract map.

The City Natural Resources
Manager shall review the
development plan and VTTM to
ensure that design includes
installation of fencing and signs
as required under Mitigation
Measures AG-3(b) and AG-3(c).

The City Natural Resources
Manager shall also review the
final landscape plan to ensure
that the species mix and density
of proposed plantings would
provide an adequate landscape
buffer. Field inspections at
appropriate phases of project
construction shall confirm
installation and compliance with
Mitigation Measures AG-3(b)
and AG-3(c).

Compliance Status:

City of San Luis
Obispo Natural
Resources
Manager.

In
progress

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San Luis Ranch Project EIR
Mitigation Monitoring and Reporting Program (updated February 2022) 4 Mitigation Measure
Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
Required through the Specific
Plan; funding to be coordinated
through Development
Agreement.

AG-3(c) Buffer Landscaping. To reduce the potential for noise, dust, and pesticide drift to affect future residents on the project site, the project applicant shall ensure that project landscape plans include planting of a windrow of trees and shrubs within the agricultural buffer along Froom Ranch Way at a sufficient density to buffer the site from surrounding agricultural operations.

The applicant shall clearly
identify buffer landscaping
within the development plan
and tract map.

Compliance Status:

Required through the Specific
Plan; landscape plans have not
yet been submitted.

City of San Luis
Obispo Natural
Resources
Manager.

TBD
Air Quality
AQ-1 Encourage Telecommuting. The project applicant or
developers of individual projects within the Specific Plan Area shall include provisions to encourage employers within the proposed commercial, office, and hotel components of the project to implement telecommuting programs and
include teleconferencing capabilities, such as web cams or satellite linkage, which will allow employees to attend meetings remotely without requiring them to travel out of the area.

The project applicant or
developers of individual
projects within the Specific
Plan Area shall submit proof
that employers within the
proposed commercial, office,
and hotel components of the
project have either
implemented telecommuting
programs or include
teleconferencing capabilities,
or proof that such a program is
infeasible.

The Community Development
Department shall verify
teleconferencing capabilities, if
feasible, are included in tenant
improvements prior to issuance
of occupancy permits.

Compliance Status:

Required and noted on Tract
Map. To be verified when
development occurs.

City of San Luis
Obispo
Community
Development
Department.
1-20
4-20
7-20
11-20
Yes;
ongoing
with
individual
projects

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San Luis Ranch Project EIR
Mitigation Monitoring and Reporting Program (updated February 2022) 5 Mitigation Measure
Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
AQ-2(a) Fugitive Dust Control Measures. Construction
projects shall implement the following dust control measures so as to reduce PM10 emissions in accordance with
SLOAPCD requirements.
 Reduce the amount of the disturbed area where
possible;
 Water trucks or sprinkler systems shall be used during construction in sufficient quantities to prevent airborne dust from leaving the site. Increased watering
frequency shall be required whenever wind speeds
exceed 15 mph. Reclaimed (non-potable) water or a
SLOAPCD-approved dust suppressant shall be used
whenever possible, to reduce the amount of potable
water used for dust control. Please note that since
water use is a concern due to drought conditions, the
contractor or builder shall consider the use of an
APCD-approved dust suppressant where feasible to
reduce the amount of water used for dust control;
 All dirt stock pile areas shall be sprayed daily as
needed;
 Permanent dust control measures identified in the
approved project revegetation and landscape plans
shall be implemented as soon as possible following
completion of any soil disturbing activities;
 Exposed ground areas that are planned to be reworked
at dates greater than one month after initial grading
shall be sown with a fast germinating, non-invasive
grass seed and watered until vegetation is established;  All disturbed soil areas not subject to revegetation shall be stabilized using approved chemical soil binders, jute netting, or other methods approved in advance by the
SLOAPCD;
 All roadways, driveways, sidewalks, etc. to be paved
shall be completed as soon as possible after grading
unless seeding or soil binders are used;
 Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the
construction site;
 All trucks hauling dirt, sand, soil, or other loose
materials are to be covered or shall maintain at least
two feet of freeboard (minimum vertical distance
Future development shall
incorporate the listed
provisions into development
plans prior to issuance of
grading permits.

The Community Development
Department shall verify
compliance prior to issuance of
grading permits. The
Community Development
Department shall site inspect to
ensure construction is in
accordance with approved
plans.

Compliance Status:

Required in Specific Plan and
noted on Tract Map and
Grading Plans. Current grading
efforts comply. Future grading
will require field verification.

City of San Luis
Obispo
Community
Development
Department.
1-20
4-20
7-20
11-20
10-21
Yes;
ongoing
with
individual
projects

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San Luis Ranch Project EIR
Mitigation Monitoring and Reporting Program (updated February 2022) 6 Mitigation Measure
Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
between top of load and top of trailer) in accordance
with California Vehicle Code Section 23114;
 Install wheel washers where vehicles enter and exit
unpaved roads onto streets, or wash off trucks and
equipment leaving the site;
 Sweep streets at the end of each day if visible soil
material is carried onto adjacent paved roads. Water
sweepers with reclaimed water shall be used where
feasible;
 All of these fugitive dust mitigation measures shall be shown on grading and building plans; and
 The contractor or builder shall designate a person or persons to monitor the fugitive dust emissions and
enhance the implementation of the measures as
necessary to minimize dust complaints, reduce visible
emissions below 20 percent opacity, and to prevent
transport of dust offsite. Their duties shall include
holidays and weekend periods when work may not be
in progress. The name and telephone number of such
persons shall be provided to the SLOAPCD
Compliance Division prior to the start of any grading,
earthwork or demolition.

AQ-2(b) Standard Control Measures for Construction
Equipment. The following standard air quality mitigation measures shall be implemented during construction
activities 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 ARB certified motor vehicle diesel fuel (non-taxed version suitable for sue off-road);
 Use diesel construction equipment meeting ARB’s Tier
2 certified engines or cleaner off-road heavy-duty diesel engines, and comply with the State Off-Road
Regulation;
 Use on-road heavy-duty trucks that meet the ARB’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
Future development shall
incorporate the listed
provisions into development
plans prior to issuance of
grading permits.

Compliance Status:

Required in Specific Plan and
noted on Tract Map and
Grading Plans. Current grading
efforts comply. Future grading
will require field verification.

City of San Luis
Obispo
Community
Development
Department.
1-20
4-20
7-20
11-20
10-21
Yes;
ongoing
with
individual
projects

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San Luis Ranch Project EIR
Mitigation Monitoring and Reporting Program (updated February 2022) 7 Mitigation Measure
Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
standards identified in the above two measures (e.g.
captive or NOX exempt area fleets) may be eligible by
proving alternative compliance;
 On-road diesel vehicles shall comply with Section 2485 of Title 13 of the California Code of Regulations. This regulation limits idling from diesel-fueled commercial
motor vehicles with gross vehicular weight ratings of
more than 10,000 pounds and licensed for operation on
highways. It applies to California and non-California
based vehicles. In general, the regulation specifies that drivers of said vehicles:

1. Shall not idle the vehicle's primary diesel engine
for greater than 5-minutes at any location, except
as noted in Subsection (d) of the regulation; and,

2. Shall not operate a diesel-fueled auxiliary power
system (APS) to power a heater, air conditioner, or
any ancillary equipment on that vehicle during
sleeping or resting in a sleeper berth for greater
than 5.0 minutes at any location when within 1,000
feet of a restricted area, except as noted in
Subsection (d) of the regulation.
 Off-road diesel equipment shall comply with the 5-
minute idling restriction identified in Section 2449(d)(2) of the California Air Resources Board's In-Use OffRoad Diesel regulation.  Signs shall be posted in the designated queuing areas and or job sites to remind drivers and operators of the 5 minute idling limit;
 In addition to the state required diesel idling
requirements, the project applicant shall comply with
these more restrictive requirements to minimize
impacts to nearby sensitive receptors:

1. Signs that specify the no idling areas shall be
posted and enforced at the site.

2. Diesel idling within 1,000 feet of sensitive
receptors is not permitted;

3. Staging and queuing areas shall not be located
within 1,000 feet of sensitive receptors;

4. Use of alternative fueled equipment is
recommended;
 Electrify equipment when feasible;

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San Luis Ranch Project EIR
Mitigation Monitoring and Reporting Program (updated February 2022) 8 Mitigation Measure
Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
 Substitute gasoline-powered in place of diesel-powered equipment, where feasible; and
 Use alternatively fueled construction equipment on-site where feasible, such as compressed natural gas
(CNG), liquefied natural gas (LNG), propane or
biodiesel.

AQ-2(c) Best Available Control Technology (BACT) for
Construction Equipment. The following BACT for dieselfueled construction equipment shall be implemented during construction activities at the project site, where feasible:
 Further reducing emissions by expanding use of Tier 3 and Tier 4 off-road and 2010 on-road compliant
engines where feasible;
 Repowering equipment with the cleanest engines
available; and
 Installing California Verified Diesel Emission Control Strategies, such as level 2 diesel particulate filters.

These strategies are listed at:
http://www.arb.ca.gov/diesel/verdev/vt/cvt.htm
Future development shall
incorporate the listed
provisions into development
plans prior to issuance of
grading permits.

Compliance Status:

Required in Specific Plan and
noted on Tract Map and
Grading Plans. Current grading
efforts comply. Future grading
will require field verification.

City of San Luis
Obispo
Community
Development
Department.
1-20
4-20
7-20
11-20
10-21
Yes;
ongoing
with
individual
projects
AQ-2(d) Architectural Coating. To reduce ROG and NOX
levels during the architectural coating phase, low or no VOCemission paint shall be used with levels of 50 g/L or less.

Future development shall
incorporate the listed
provisions into development
plans prior to issuance of
grading permits.

Compliance Status:

Required in Specific Plan and
noted on Tract Map. To be field
verified prior to building permits.

City of San Luis
Obispo
Community
Development
Department.

TBD
AQ-2(e) Construction Activity Management Plan.

Emissions reduction measures and construction practices required to comply with Mitigation Measures AQ-2(a)
through AQ-2(d) shall be documented in a Construction
Future development shall
incorporate the listed
provisions into development
The Community Development
Department shall verify
compliance prior to issuance of
grading permits. The
City of San Luis
Obispo
Community

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San Luis Ranch Project EIR
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Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
Activity Management Plan (CAMP) and submitted to
SLOAPCD for review and approval at least three months
before the start of construction. The CAMP shall include a Dust Control Management Plan, tabulation of on and offroad construction equipment (age, horse-power and miles and/or hours of operation), construction truck trip schedule, construction work-day period, and construction phasing. If implementation of the Standard Mitigation and Best
Available Control Technology measures cannot bring the
project below the Tier 1 threshold (2.5 tons of NOX+ROG per quarter), off-site mitigation shall be implemented in coordination with SLOAPCD to reduce NOX and ROG
emissions to below the Tier 1 threshold.
plans prior to issuance of
grading permits.

Community Development
Department shall site inspect to
ensure construction is in
accordance with approved
plans.

Compliance Status:

Required in Specific Plan and
noted on Tract Map and
Grading Plans. Current grading
efforts comply. Future grading
will require field verification.

Development
Department.

AQ-3(a) Standard Operational Mitigation Measures. Prior to issuance of grading permits, the applicant shall define and incorporate into the San Luis Ranch Specific Plan standard emission reduction measures from the SLOAPCD CEQA Air
Quality Handbook to reduce emissions to below daily
threshold levels. Emission reduction measures shall include, but would not be limited to:
 Increase the building energy rating by 20 percent above 2013 Title 24 requirements (used in the California
Emissions Estimator Model) or consistent with 2016
Title 24 requirements, whichever is stricter. Measures
used to reach the 20 percent rating cannot be double
counted;
 Utilize onsite renewable energy systems (e.g., solar, wind, geothermal, low-impact hydro, biomass and biogas); and  Provide bicycle-share program.

In addition, the proposed hotel component of the Specific Plan shall participate in the SLO Car Free Program, provide incentives to car-free travelers, and promote the program in their communication tools.

Future development shall
incorporate the listed
provisions into development
plans and submit proof that
emissions have been
reduced to below daily
threshold levels through a
combination of these
measures and off-site
mitigation (described in
Mitigation Measure AQ-3[b])
prior to issuance of grading
permits.

The Community Development
Department shall verify
compliance prior to issuance of
grading permits. The
Community Development
Department shall site inspect to
ensure development is in
accordance with approved
plans prior to occupancy
clearance. Community
Development staff shall verify
installation in accordance with
approved building plans.

Compliance Status:

Required in Specific Plan and
noted on Tract Map and
Grading Plans. Current grading
efforts comply. Future grading
will require field verification.

City of San Luis
Obispo
Community
Development
Department.
1-20
4-20
7-20
11-20
10-21
Yes;
ongoing
with
individual
projects
AQ-3(b) Off-Site Mitigation. If implementation of standard emission reduction measures from the SLOAPCD CEQA Air
Quality Handbook described in Mitigation Measure AQ-3(a) is insufficient to reduce emissions to below daily threshold levels, then the applicant shall coordinate with SLOAPCD to provide funding for off-site emission reduction measures to reduce emissions to below daily threshold levels. In
accordance with SLOAPCD methodology, the excess
Future development shall
incorporate the listed
provisions into development
plans and submit proof that
emissions have been
reduced to below daily
threshold levels through a
combination of the measures
The Community Development
Department shall verify
compliance prior to issuance of
grading permits.

City of San Luis
Obispo
Community
Development
Department.
1-20
4-20
7-20
11-20
10-21
Yes;
ongoing
with
individual
projects

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San Luis Ranch Project EIR
Mitigation Monitoring and Reporting Program (updated February 2022) 10 Mitigation Measure
Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
emissions shall be multiplied by the cost effectiveness of mitigation as defined in the State’s current Carl Moyer Incentive Program Guidelines to determine the annual offsite mitigation amount. This amount shall then be extrapolated over the life of the project to determine total offsite mitigation. Off-site emission reduction measures may include, but would not be limited to:
 Developing or improving park-and-ride lots;
 Retrofitting existing homes in the project area with
SLOAPCD-approved wood combustion devices;
 Retrofitting existing homes in the project area with
energy-efficient devices;
 Constructing satellite worksites;
 Funding a program to buy and scrap older, higher
emission passenger and heavy-duty vehicles;
 Replacing/re-powering transit buses;
 Replacing/re-powering heavy-duty diesel school
vehicles (i.e. bus, passenger or maintenance vehicles);  Funding an electric lawn and garden equipment
exchange program;
 Retrofitting or re-powering heavy-duty construction
equipment, or on-road vehicles;
 Re-powering marine vessels;
 Re-powering or contributing to funding clean diesel
locomotive main or auxiliary engines;
 Installing bicycle racks on transit buses;
 Purchasing particulate filters or oxidation catalysts for local school buses, transit buses or construction fleets;  Installing or contributing to funding alternative fueling infrastructure (i.e. fueling stations for CNG, LPG,
conductive and inductive electric vehicle charging, etc.);  Funding expansion of existing transit services;
 Funding public transit bus shelters;
 Subsidizing vanpool programs;
 Subsidizing transportation alternative incentive
programs;
 Contributing to funding of new bike lanes;
 Installing bicycle storage facilities; and
described in Mitigation
Measure AQ-3(a) and this offsite mitigation prior to
issuance of grading permits.

Compliance Status:

Required in Specific Plan and
noted on Tract Map and
Grading Plans. Future
compliance to be determined
through field verification.

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San Luis Ranch Project EIR
Mitigation Monitoring and Reporting Program (updated February 2022) 11 Mitigation Measure
Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
 Providing assistance in the implementation of projects that are identified in City or County Bicycle Master
Plans.

Biological Resources
BIO-1(a) Best Management Practices. The applicant shall ensure the following general wildlife Best Management
Practices (BMPs) are required for construction activity within the San Luis Ranch Specific Plan Area:
 No pets or firearms shall be allowed at the project site during construction activities.
 All trash that may attract predators must be properly contained and removed from the work site. All such
debris and waste shall be picked up daily and properly
disposed of at an appropriate site.
 All refueling, maintenance, and staging of equipment
and vehicles shall occur at least 100 feet from Prefumo Creek and in a location where a spill would not drain
toward aquatic habitat. A plan must be in place for
prompt and effective response to any accidental spills
prior to the onset of work activities. All workers shall be informed of the appropriate measures to take should an
accidental spill occur.
 Pallets or secondary containment areas for chemicals, drums, or bagged materials shall be provided. Should
material spills occur, materials and/or contaminants
shall be cleaned from the project site and recycled or
disposed of to the satisfaction of the Regional Water
Quality Control Board (RWQCB).
 Prior to construction activities in areas adjacent to Prefumo Creek and Cerro San Luis Channel, the
drainage features shall be fenced with orange
construction fencing and signed to prohibit entry of
construction equipment and personnel unless
authorized by the City. Fencing should be located a
minimum of 20 feet from the edge of the riparian
canopy or top of bank and shall be maintained
throughout the construction period for each phase of
development. Once all phases of construction in this
area are complete, the fencing may be removed.
 To control sedimentation during and after project
implementation, appropriate erosion control BMPs
(e.g., use of coir rolls, jute netting, etc.) shall be
Special status species
protection plans and surveys
shall be prepared by the
applicant and shall be
submitted for review and
approval by the City prior to
the approval of grading and
construction permits. Any
required permits shall be
obtained from the state and
federal agencies prior to
issuance of grading permits.

The Environmental Monitor shall
monitor environmental
compliance of the construction
activities throughout the
construction period or as
stipulated in the species- or
resource-specific mitigation
measure and provide monitoring
reports to the City.

Compliance Status:

Required in Specific Plan and
noted on Tract Map and
Grading Plans. Current grading
efforts comply. Future
compliance to be determined
through field verification.

City of San Luis
Obispo approved
Environmental
Monitor.
1-20
4-20
7-20
11-20
10-21
Yes;
ongoing
with
individual
projects

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San Luis Ranch Project EIR
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Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
implemented to minimize adverse effects on Prefumo
Creek. No plastic monofilament netting shall be utilized on site.
 Construction equipment shall be inspected at the
beginning of each day to ensure that wildlife species
have not climbed into wheel wells or under tracks since the equipment was last parked. Any sensitive wildlife
species found during inspections shall be gently
encouraged to leave the area by a qualified biological
monitor or otherwise trained personnel.
 All vehicles and equipment shall be in good working
condition and free of leaks.
 Environmentally Sensitive Areas shall be delineated by a qualified biologist prior to construction to confine
access routes and construction areas.
 Construction work shall be restricted to daylight hours (7:00 AM to 7:00 PM) to avoid impacts to nocturnal and
crepuscular (dawn and dusk activity period) species.

No construction night lighting shall be permitted within 100 yards of the top of the Prefumo Creek bank.
 Concrete truck and tool washout shall be limited to
locations designated by a qualified biologist such that no runoff will reach Prefumo Creek or Cerro San Luis
Channel.
 All open trenches shall be constructed with appropriate exit ramps to allow species that accidentally fall into a trench to escape. Trenches will remain open for the
shortest period necessary to complete required work.
 Existing facilities and disturbed areas shall be used to the extent possible to minimize the amount of
disturbance and all new access roads other than the
Froom Ranch Way Bridge shall be cited to avoid high
quality habitat and minimize habitat fragmentation.
 In the event that construction must occur within the
creek or creek setback, a biological monitor shall be
present during all such activities with the authority to stop or redirect work as needed to protect biological
resources.

BIO-1(b) Worker Environmental Awareness Program
Training. Prior to the initiation of construction activities (including staging and mobilization), the applicant shall ensure all personnel associated with project construction WEAP training requirements
shall be included on project
plans and shall be submitted
for review and approval by
The Environmental Monitor shall
verify environmental compliance
of the construction personnel in
City of San Luis
Obispo approved
Environmental
Monitor.
1-20
4-20
7-20
11-20
Yes;
ongoing
with
individual

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San Luis Ranch Project EIR
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Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
attend a Worker Environmental Awareness Program
(WEAP) training.
 The training shall be conducted by a qualified biologist, to aid workers in recognizing special status resources
that may occur in the project area. The specifics of this program shall include identification of the sensitive
species and habitats, a description of the regulatory
status and general ecological characteristics of
sensitive resources, and review of the limits of
construction and avoidance measures required to
reduce impacts to biological resources within the work
area. A fact sheet conveying this information shall also be prepared for distribution to all contractors, their
employers, and other personnel involved with
construction of the project. All employees shall sign a form provided by the trainer documenting they have
attended the WEAP and understand the information
presented to them.
the City prior to the approval
of grading and construction
permits.
accordance with WEAP training
requirements.

Compliance Status:

Required in Specific Plan and
noted on Tract Map and
Grading Plans. Current grading
efforts comply. Future
compliance to be determined
through field verification.
10-21 projects
BIO-1(c) Western Pond Turtle and Two-Striped Garter
Snake Impact Avoidance and Minimization. The applicant
shall ensure the following actions are implemented to avoid and minimize potential impacts to western pond turtle and two-striped garter snake (these reptiles utilize similar habitats; therefore, implementation of the proposed
measures for western pond turtle are also suitable and
appropriate for two-striped garter snake):
 A qualified biologist(s) shall conduct a pre-construction survey within 24 hours prior to the onset of work
activities within and around areas that may serve as
potential western pond turtle habitat. If this species is found and the individuals are likely to be injured or
killed by work activities, the approved biologist shall be allowed sufficient time to move them from the project
site before work activities begin. The biologist(s) must relocate the any western pond turtle the shortest
distance possible to a location that contains suitable
habitat that is not likely to be affected by activities associated with the project.
 Access routes, staging, and construction areas shall be limited to the minimum area necessary to achieve the
project goal and minimize potential impacts to western
pond turtle habitat including locating access routes and construction staging areas outside of wetlands and
riparian areas to the maximum extent practicable.

Special status species
protection plans and surveys
shall be prepared by the
applicant and shall be
submitted to for review and
approval by the City prior to
the approval of grading and
construction permits. Any
required permits shall be
obtained from the state and
federal agencies prior to
issuance of grading permits.

Compliance Status:

Required in Specific Plan and
noted on Tract Map and
Grading Plans. Current grading
efforts comply. Future
compliance to be determined
through field verification.

City of San Luis
Obispo approved
Environmental
Monitor.
1-20
4-20
Yes;
ongoing
with
individual
projects

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San Luis Ranch Project EIR
Mitigation Monitoring and Reporting Program (updated February 2022) 14 Mitigation Measure
Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
BIO-1(d) California Red-legged Frog, Western spadefoot, and Coast Range Newt Impact Avoidance and
Minimization. The applicant shall implement the following to avoid and minimize potential impacts to CRLF. Because
coast range newt and western spadefoot are amphibians
that utilize similar habitats to CRLF, implementation of the following measures provided for CRLF shall be implemented for these species as well.
 Only USFWS-approved biologists shall participate in
activities associated with the capture, handling, and
monitoring of CRLF.
 Ground disturbance shall not begin until written
approval is received from the USFWS that the biologist
is qualified to conduct the work. If the USFWS does not authorize the relocation of CRLF occurring within the
project site, CRLF found within the project site shall be avoided with a 100-foot buffer and no activities shall
occur within that buffer until the CRLF has left the
project site on its own.
 Areas of the project site that lie within 100 feet upland from riparian or jurisdictional areas shall be surrounded by a solid temporary exclusion fence (such as silt
fencing) that shall extend at least three feet above the ground and be buried into the ground at least 6 inches
to exclude CRLF from the project site. Plastic
monofilament netting or other similar material will not be used. The location of the fencing shall be
determined by a qualified biologist. The fence shall
remain in place throughout construction activities.

Installation of the exclusion fencing shall be monitored by a qualified biologist to ensure that it is installed correctly.
 During new grading activities in habitats within 100 feet upland from riparian or jurisdictional areas, a qualified biologist shall be on-site to recover any spadefoot toads that may be excavated/unearthed with native material
or found under vegetation. If the animals are in good
health, they shall be immediately relocated to a
designated release area. If they are injured, the animals shall be turned over to an approved wildlife rehabilitator until they are in a condition to be released into the
designated release area.
 To ensure that diseases are not conveyed between
work sites by the approved biologist, the fieldwork code Special status species
protection plans and surveys
shall be prepared by the
applicant and shall be
submitted for review and
approval by the City prior to
the approval of grading and
construction permits. Any
required permits shall be
obtained from the state and
federal agencies prior to
issuance of grading permits.

Compliance Status:

Required in Specific Plan and
noted on Tract Map and
Grading Plans. Current grading
efforts comply. Future
compliance to be determined
through field verification.

City of San Luis
Obispo approved
Environmental
Monitor.

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Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
of practice developed by the Declining Amphibian
Populations Task Force shall be followed at all times.

BIO-1(e) Steelhead Impact Avoidance and Minimization.

The applicant shall ensure the following actions are
undertaken to avoid and minimize potential impacts to
steelhead:
 Before any activities begin on the project, a qualified biologist will conduct a training session for all
construction personnel. At a minimum, the training will include a description of the steelhead and its habitat, the specific measures that are being implemented to
conserve this species for the project, and the
boundaries within which the project may be
accomplished. Brochures, books, and briefings may be
used in the training session, provided that a qualified person is on hand to answer any questions.
 During the duration of project activities, all trash that may attract predators will be properly contained and
secured, promptly removed from the work site, and
disposed of regularly. Following construction, all trash and construction debris will be removed from the work
areas.
 All refueling, maintenance, and staging of equipment
and vehicles will occur at least 100 feet from riparian habitat or bodies of water and in a location where a
potential spill would not drain directly toward aquatic habitat (e.g., on a slope that drains away from the water source). The monitor shall ensure that contamination of suitable habitat does not occur during such operations.

Prior to the onset of work activities, a plan must be in place for prompt and effective response to any
accidental spills. All workers shall be informed of the importance of preventing spills and of the appropriate
measures to take should an accidental spill occur.
 The number of access routes, size of staging areas,
and the total area used for construction activities shall be limited to the minimum area necessary to achieve
the project goals.
 The City will only permit work within the immediate
vicinity of Prefumo Creek for times of the year when
potential impacts to steelhead would be minimal. Work
shall be restricted during the wet season (October 15
through April 30) and should ideally occur during the
Special status species
protection plans and surveys
shall be prepared by the
applicant and shall be
submitted to for review and
approval by the City prior to
the approval of grading and
construction permits. Any
required permits shall be
obtained from the state and
federal agencies prior to
issuance of grading permits.

Compliance Status:

Required in Specific Plan and
noted on Tract Map and
Grading Plans. Current grading
efforts comply. Future
compliance to be determined
through field verification.

City of San Luis
Obispo approved
Environmental
Monitor.
1-20
4-20
Yes;
ongoing
with
individual
projects

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San Luis Ranch Project EIR
Mitigation Monitoring and Reporting Program (updated February 2022) 16 Mitigation Measure
Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
late summer and early fall during the driest portion of the year; however, water may still be present during
construction. If work is proposed in the streambed and
water is present during construction, a diversion will be required to dewater the work area and the following
avoidance and minimization measures will apply:

1. Upstream and downstream passage for fish,
including juvenile steelhead, shall be provided
through or around the construction site at all times
construction is occurring within the Prefumo Creek
streambed.

2. A qualified biologist shall conduct a preconstruction survey and be present onsite during the diversion installation and dewatering process
to capture and relocate any trapped steelhead
and/or other fish. Upon approval from the NMFS,
the biologist(s) must relocate these individuals the
shortest distance possible to a location that
contains suitable habitat that is not likely to be
affected by activities associated with the project.

3. Dewatering operations shall employ a five
millimeter mesh screen fastened to the intake
hose to exclude fish and other wildlife species
from the pump.

4. Steelhead shall be excluded from the construction
zone with block nets installed upstream and
downstream the of the bridge construction zone.

The distance upstream and downstream for block
net installation will depend on the type of
construction activities occurring in the streambed.
 To control sedimentation during and after project
implementation, the following BMPs shall be
implemented. If the BMPs are somehow ineffective,
consultation with the City and appropriate resource
agencies will be undertaken, and all attempts to remedy the situation will commence immediately.

1. It shall be the owner’s/contractor’s responsibility to maintain control of the entire construction
operations and to keep the entire site in
compliance.

2. The owner/contractor shall be responsible for
monitoring erosion and sediment control measures
(including but not limited to fiber rolls, inlet

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Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
protections, silt fences, and gravel bags) prior,
during and after storm events, monitoring includes
maintaining a file documenting onsite inspections,
problems encountered, corrective actions, and
notes and a map of remedial implementation
measures.

3. Erosion shall be controlled by covering stockpiled
construction materials (i.e. soil, spoils, aggregate,
fly-ash, stucco, hydrated lime, etc.) over 2.0 cubic
yards that are not actively being used, consistent
with the applicable construction general permit, or
through other means of erosion control approved
by the City (e.g., surrounding with straw bales or
silt fencing). The site shall be maintained to
minimize sediment-laden runoff to any storm
drainage system including existing drainage
swales and/or sand watercourses.
a. Construction operations shall be carried
out in such a manner that erosion and
water pollution will be minimized.
b. State and local laws concerning pollution
abatement shall be complied with.
c. If grading operations are expected to denude
slopes, the slopes shall be protected with
erosion control measures immediately
following grading on the slopes.

4. Specifically, in order to prevent sedimentation and
debris from entering Prefumo Creek during
construction, silt fencing shall be installed along
the top of the banks on the west side of the
channel prior to the onset of construction
activities.
 The project biologist will monitor construction activities, in stream habitat, and overall performance of BMPs
and sediment controls for the purpose of identifying and reconciling any condition that could adversely affect
steelhead or their habitat. The biologist will halt work if necessary and will recommend site-specific measures
to avoid adverse effects to steelhead and their habitat.  Equipment will be checked daily for leaks prior to the initiation of construction activities. A spill kit will be placed near the creek and will remain readily available

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Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
during construction in the event that any contaminant is accidentally released.
 In addition to these avoidance and minimization
measures, Mitigation Measure BIO-2(a) would also
ensure that potential temporary and permanent indirect
impacts to steelhead from the project are reduced as
much as practicable.

BIO-1(f) Great Blue Heron and Monarch Butterfly Impact
Avoidance and Minimization. The applicant shall ensure
the following actions are undertaken to avoid and minimize potential impacts to overwintering monarch butterflies and nesting great blue herons.
 Tree trimming/removal and construction activities that affect eucalyptus trees near or within the monarch
overwintering grove or active great blue heron nests
identified in the San Luis Ranch Monarch Trees
Inspection Memo, Results of 2015 and 2016 San Luis
Ranch Heron Rookery Surveys Memo, and San Luis
Ranch – Prefumo Creek Widening Biological
Constraints Memo prepared by Althouse and Meade
(Appendix F), shall not be conducted during the
monarch butterfly overwintering season from October 1
through March 31 if monarch butterflies are present, or while great blue heron nests are active from February 1 to August 31. If construction activities must be
conducted during these periods, a qualified biologist
shall conduct overwintering monarch surveys and/or
nesting great blue heron surveys within one week of
habitat disturbance. If surveys do not locate clustering monarchs or nesting great blue herons, construction
activities may be conducted. If clustering monarchs
and/or nesting great blue herons are located, no
construction activities shall occur within 100 feet of the edge of the overwintering grove and/or active nest(s)
until the qualified biologist determines that no more
monarchs are overwintering in the grove or the nest(s)
are no longer active.
 A qualified biologist shall prepare and implement a
habitat enhancement plan prior to issuance of grading
permits to enhance and restore overwintering and
nesting habitat that is to be preserved. The habitat
enhancement plan shall include native shrubs and trees
such as Monterey Cypress (Hesperocyparis
macrocarpa) that may support heron roosting and
Special status species
protection plans and surveys
shall be prepared by the
applicant and shall be
submitted to for review and
approval by the City prior to
the approval of grading and
construction permits. Any
required permits shall be
obtained from the state and
federal agencies prior to
issuance of grading permits.

Compliance Status:

Required in Specific Plan and
noted on Tract Map and
Grading Plans. Current grading
efforts comply. Future
compliance to be determined
through field verification.

City of San Luis
Obispo approved
Environmental
Monitor.
1-20
4-20
Yes;
ongoing
with
individual
projects

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San Luis Ranch Project EIR
Mitigation Monitoring and Reporting Program (updated February 2022) 19 Mitigation Measure
Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
monarch butterfly overwintering. As eucalyptus trees
senesce, they shall be replaced with native species.

Native trees and shrubs shall also be used to
supplement gaps in canopy or act as windbreaks.
 Create new offsite nesting habitat for great blue herons to mitigate for removal of onsite nesting habitat. With a qualified biologist present, the current rookery may be moved to a suitable offsite location where the same
great blue herons can resume nesting, following
methods detailed in Crouch et al. (2002). It should be
noted that creating offsite nesting habitat for great blue herons is experimental and that the relocation
techniques described in Crouch et al. (2002) were used
to relocate black-crowned night heron (Nycticorax
nycticorax). In addition, an agreement with the City will be required prior to implementation of the offsite
strategy on their property. The methods detailed in
Crouch et al. (2002) include:
a. This entails at least one year of pre-construction
monitoring of the rookery, where the timing of
rookery activities will be noted: arrival of breeding
adults, egg laying, hatching, and fledging. During
this time, audio recordings of adults and juveniles
shall be made.
b. Following the completion of the nesting season in
late summer, a certified arborist specializing in the
translocation of trees will examine the mature
trees onsite and work with the City’s Natural
Resources Manager to determine whether or not it
is feasible to relocate the mature trees containing
nests across Madonna Road to a suitable location
at Laguna Lake Open Space.
c. Prior to the start of the next nesting season (based on timing of adult arrival in previous years),
nesting adults will be recruited to the new location
via decoys and playback of vocalizations. The new
location will be monitored regularly by a qualified
biologist for the following three breeding seasons.

BIO-1(g) Nesting Birds Impact Avoidance and
Minimization. The applicant shall ensure the following
actions are undertaken to avoid and minimize potential
impacts to nesting birds:

Special status species
protection plans and surveys
shall be prepared by the
applicant and shall be
submitted to for review and
approval by the City prior to
The Environmental Monitor shall
monitor environmental
compliance of the construction
activities throughout the
construction period or as
stipulated in the species- or
City of San Luis
Obispo approved
Environmental
Monitor.
1-20
4-20
Yes;
ongoing
with
individual
projects

Page 53 of 381 ends

San Luis Ranch Project EIR
Mitigation Monitoring and Reporting Program (updated February 2022) 20 Mitigation Measure
Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
 For construction activities occurring during the nesting season (generally February 1 to September 15),
surveys for nesting birds covered by the California Fish and Game Code and the Migratory Bird Treaty Act shall
be conducted by a qualified biologist no more than 14
days prior to vegetation removal. The surveys shall
include the disturbance area plus a 500-foot buffer
around the site. If active nests are located, all
construction work shall be conducted outside a buffer
zone from the nest to be determined by the qualified
biologist. The buffer shall be a minimum of 50 feet for non-raptor bird species and at least 300 feet for raptor species. Larger buffers may be required depending
upon the status of the nest and the construction
activities occurring in the vicinity of the nest. The buffer area(s) shall be closed to all construction personnel
and equipment until the adults and young are no longer
reliant on the nest site. A qualified biologist shall
confirm that breeding/nesting is completed and young
have fledged the nest prior to removal of the buffer.
 If feasible, removal of vegetation within suitable nesting bird habitats will be scheduled to occur in the fall and winter (between September 1 and February 14), after
fledging and before the initiation of the nesting season. the approval of grading and
construction permits. Any
required permits shall be
obtained from the state and
federal agencies prior to
issuance of grading permits.
resource-specific mitigation
measure and provide monitoring
reports to the City.

Compliance Status:

Required in Specific Plan and
noted on Tract Map and
Grading Plans. Current grading
efforts comply. Future
compliance to be determined
through field verification.

BIO-1(h) Roosting Bats Impact Avoidance and
Minimization. The applicant shall ensure the following
actions are undertaken to avoid and minimize potential
impacts to roosting bats:
 Prior to issuance of grading permits, a qualified biologist shall conduct a survey of existing structures within the project site to determine if roosting bats are present.

The survey shall be conducted during the non-breeding
season (November through March). The biologist shall
have access to all interior attics, as needed. If a colony of bats is found roosting in any structure, further
surveys shall be conducted sufficient to determine the
species present and the type of roost (day, night,
maternity, etc.) If the bats are not part of an active
maternity colony, passive exclusion measures may be
implemented in close coordination with CDFW. These
exclusion measures must include one-way valves that
allow bats to exit the structure but are designed so that the bats may not re-enter the structure.

Compliance Status:

Required in Specific Plan and
noted on Tract Map and
Grading Plans. Current grading
efforts comply. Future
compliance to be determined
through field verification.

City of San Luis
Obispo approved
Environmental
Monitor.
1-20
4-20
Yes;
ongoing
with
individual
projects

Page 54 of 381 ends

San Luis Ranch Project EIR
Mitigation Monitoring and Reporting Program (updated February 2022) 21 Mitigation Measure
Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
 If a bat colony is excluded from the project site,
appropriate alternate bat habitat as determined by a
qualified biologist shall be installed on the project site or at an approved location offsite.
 Prior to removal of any trees over 20 inches diameterat-breast-height (DBH), a survey shall be conducted by a qualified biologist to determine if any of the trees
proposed for removal or trimming harbor sensitive bat
species or maternal bat colonies. If a non-maternal
roost is found, the qualified biologist, in close
coordination with CDFW shall install one-way valves or
other appropriate passive relocation method. For each
occupied roost removed, one bat box shall be installed
in similar habitat and should have similar cavity or
crevices properties to those which are removed,
including access, ventilation, dimensions, height above ground, and thermal conditions. Maternal bat colonies
may not be disturbed.

BIO-2(a) Habitat Mitigation and Monitoring Plan. A
Habitat Mitigation and Monitoring Plan (HMMP) shall be
prepared which will provide a minimum 2:1 ratio (replaced:
removed) for temporary and permanent impacts to riparian habitat. The HMMP will identify the specific mitigation sites and it will be implemented immediately following project completion. The HMMP shall include, at a minimum, the
following components:
 Description of the project/impact site (i.e. location, responsible parties, areas to be impacted by habitat
type);
 Goal(s) of the compensatory mitigation project [type(s) and area(s) of habitat to be established, restored,
enhanced, and/or preserved; specific functions and
values of habitat type(s) to be established, restored,
enhanced, and/or preserved];
 Description of the proposed compensatory mitigation
site (location and size, ownership status, existing
functions and values of the compensatory mitigation
site);
 Implementation plan for the compensatory mitigation
site (rationale for expecting implementation success,
responsible parties, schedule, site preparation, planting plan [including plant species to be used, container
sizes, seeding rates, etc.]);
The HMMP required by
Mitigation Measure BIO-2(a)
shall specify the location,
timing, species composition,
and maintenance of all
restored, enhanced, and
newly established riparian and
wetland areas, and tree
replacement. The applicant
shall submit the HMMP to the
City for approval prior to
recordation of the VTTM, and
shall update and resubmit to
the City prior to each phase of
construction.

The City shall review and
approve the HMMP (and
associated tree replacement
requirements) for compliance
prior to issuance of grading
permits and the onset of
construction for each phase, as
well as the onset of construction
of the Froom Ranch Way Bridge
crossing. The applicant shall
submit annual documentation to
the City and appropriate
agencies demonstrating
compliance with HMMP
requirements. The City shall
review and approve the final
Froom Ranch Way Bridge
crossing design for compliance
prior to issuance of grading
permits. Replacement plants
shall be monitored by a qualified
biologist for 5 years with a goal
of at least 70 percent survival at
the end of the 5-year period.

Supplemental irrigation may be
provided during years 1 to 3;
however, supplemental watering
City of San Luis
Obispo Natural
Resources
Manager; City of
San Luis Obispo
Community
Development
Department.
1-19 HMMP
prepared;
annual
report
pending
later this
year

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San Luis Ranch Project EIR
Mitigation Monitoring and Reporting Program (updated February 2022) 22 Mitigation Measure
Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
 Maintenance activities during the monitoring period,
including weed removal and irrigation as appropriate
(activities, responsible parties, schedule);
 Monitoring plan for the compensatory mitigation site, including no less than quarterly monitoring for the first year (performance standards, target functions and
values, target acreages to be established, restored,
enhanced, and/or preserved, annual monitoring
reports);
 Success criteria based on the goals and measurable
objectives; said criteria to be, at a minimum, at least 80 percent survival of container plants and 80 percent
relative cover by vegetation type;
 An adaptive management program and remedial
measures to address negative impacts to restoration
efforts;
 Notification of completion of compensatory mitigation and agency confirmation; and
 Contingency measures (initiating procedures,
alternative locations for contingency compensatory
mitigation, funding mechanism).
shall not be provided during the
final two years of monitoring.

Compliance Status:

Required in Specific Plan and
noted on Tract Map and
Grading Plans. HMMP
prepared by developer and
verified by City staff. Annual
report required from developer
later this year.

BIO-2(b) Tree Replacement. Riparian trees four inches or greater measured at diameter-at-breast-height (DBH) shall be replaced in-kind at a minimum ratio of 3:1 (replaced:
removed). Trees 24 inches or greater inches DBH shall be replaced in-kind at a minimum ratio of 10:1. Willows and cottonwoods may be planted from live stakes following
guidelines provided in the California Salmonid Stream
Habitat Restoration Manual for planting dormant cuttings and container stock (CDFW 2010).
 Tree replacement shall be conducted in accordance
with a Natural Habitat Restoration and Enhancement
Plan to be approved by the City’s Natural Resource
Manager.
 The Natural Habitat Restoration and Enhancement Plan
shall prioritize the planting of replacement trees on-site where feasible, but shall allow that replacement trees
may be planted off-site with approval of the City’s
Natural Resource Manager.
 Replacement trees may be planted in the fall or winter of the year in which trees were removed. All
replacement trees will be planted no more than one
Tree and vegetation
replacement shall occur within
the same construction phase
as tree and vegetation
removal.

The City shall review and
approve the tree replacement
requirements for compliance
prior to issuance of grading
permits and the onset of
construction for each phase.

Replacement plants shall be
monitored by a qualified
biologist for 5 years with a goal
of at least 70 percent survival at
the end of the 5-year period.

Supplemental irrigation may be
provided during years 1 to 3;
however, supplemental watering
shall not be provided during the
final two years of monitoring.

Compliance Status:

Required in Specific Plan and
noted on Tract Map and
Grading Plans. Periodic onsite
City of San Luis
Obispo Natural
Resources
Manager; City of
San Luis Obispo
Community
Development
Department.

Ongoing
for 3
years
from
onset of
tree
planting
for
individual
projects

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San Luis Ranch Project EIR
Mitigation Monitoring and Reporting Program (updated February 2022) 23 Mitigation Measure
Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
year following the date upon which the native trees
were removed.
monitoring needed during
grading and construction
activities; long-term compliance
with annual inspections for 3
years.

BIO-2(c) Froom Ranch Way Bridge Design to Avoid
Riparian Areas. The Froom Ranch Way Bridge crossing
footings shall be placed outside mapped riparian areas. The placement of the bridge and footings shall be indicated on the Development Plan, VTTM, and HMMP, and shall show
the bridge’s placement in relation to existing vegetation and the bed and bank of Prefumo Creek.

Tree and vegetation removal
associated with the
construction of the Froom
Ranch Way Bridge crossing
shall be replaced during or
immediately subsequent to
completion of that project
component.

The City shall review and
approve the HMMP for
compliance prior to issuance of
grading permits and the onset of
construction for each phase, as
well as the onset of construction
of the Froom Ranch Way Bridge
crossing. The applicant shall
submit annual documentation to
the City and appropriate
agencies demonstrating
compliance with HMMP
requirements. The City shall
review and approve the final
Froom Ranch Way Bridge
crossing design for compliance
prior to issuance of grading
permits. Replacement plants
shall be monitored by a qualified
biologist for 5 years with a goal
of at least 70 percent survival at
the end of the 5-year period.

Supplemental irrigation may be
provided during years 1 to 3;
however, supplemental watering
shall not be provided during the
final two years of monitoring.

Compliance Status:

Required in Specific Plan and
noted on Tract Map and
Grading Plans. Periodic onsite
monitoring needed during
bridge construction activities;
long-term compliance for 5
years.

City of San Luis
Obispo Natural
Resources
Manager; City of
San Luis Obispo
Community
Development
Department.

Ongoing
for 5
years
starting
with
bridge
activities

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San Luis Ranch Project EIR
Mitigation Monitoring and Reporting Program (updated February 2022) 24 Mitigation Measure
Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
Cultural Resources
CR-1(a) Historical Structure Relocation and
Reconstruction Plan. In order to implement Specific Plan Policy 2.5, a relocation and reconstruction plan for the former spectator’s barn/viewing stand, main residence, and main barn shall be developed by a qualified historic
architect. The plan shall include a structural/architectural report documenting existing integrity and conditions and include detailed treatment methods and measures to ensure that historic integrity is retained and that all identified character defining features will be preserved.

The project applicant shall
prepare the relocation and
reconstruction plan for the
main residence and the
spectators’ barn/viewing
stand to the satisfaction of the
Community Development
Director prior to the issuance
of project grading permits.

Project grading plans shall
detail phasing and include
sufficient detail to
demonstrate the sequencing
and completion of the
relocation and reconstruction
plan.

The City shall confirm
completion of and approve the
relocation and reconstruction
plan and archival
documentation. The City shall
also review applicable plans for
compliance with
recommendations of the
relocation and reconstruction
plan and periodically inspect
the site to ensure compliance.

Compliance Status:

Plan verified by city staff, and
relocation is completed.

City of San Luis
Obispo
Community
Development
Director.
11-19 Yes
CR-1(b) Archival Documentation of Historic Buildings.

The applicant shall provide archival documentation of the San Luis Ranch Complex in as-built and as-found condition in the form of an Historic American Building Survey (HABS) Level II documentation. The documentation shall comply
with the Secretary of the Interior’s Standards for
Architectural and Engineering Documentation (NPS 1990), and shall include large-format photographic recordation, detailed historic narrative report, and compilation of historic research. The documentation shall be completed by a
qualified architectural historian or historian who meets the Secretary of the Interior’s Professional Qualification
Standards for History and/or Architectural History (NPS 1983). The original archival-quality documentation shall be offered as donated material to the History Center of San Luis Obispo County. Archival copies of the documentation shall also be submitted to the San Luis Obispo County Library.

The applicant shall complete
archival documentation of the
San Luis Ranch Complex
prior to the removal,
relocation, reconstruction,
and/or demolition of the
structures on the project site
to the satisfaction of the
Community Development
Director.

The City shall confirm
completion of and approve the
archival documentation. The
City shall confirm submittal of
the documentation to the
History Center of San Luis
Obispo County and the San
Luis Obispo County Library.

Compliance Status:

City staff confirmed archival
documentation.

City of San Luis
Obispo
Community
Development
Director.
11-19 Yes
CR-1(c) Informational Display of Historic Resources. A
retrospective interpretive display detailing the history of the San Luis Ranch Complex and the project site, its
significance, and its important details and features shall be developed by the applicant. The information should be
incorporated into a publicly-accessed building on the project The applicant shall develop
and install an informational
display of the site’s identified
historical resources prior to
opening of the Agricultural
The information display shall
be prepared in accordance with
recommendations of a qualified
historic consultant and shall be
approved by the Community
Development Director.

City of San Luis
Obispo
Community
Development
Director.

TBD

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San Luis Ranch Project EIR
Mitigation Monitoring and Reporting Program (updated February 2022) 25 Mitigation Measure
Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
site, such as the proposed Agricultural Heritage Facilities and Learning Center, or a publicly-accessed outdoor
location. The display shall include images and details from the HABS documentation described in Mitigation Measure
CR-1(b) and any collected research pertaining to the historic property. The content shall be prepared by a qualified
architectural historian or historian who meets the Secretary of the Interior’s Professional Qualification Standards for History and/or Architectural History (NPS 1983).

Heritage Facilities and
Learning Center to the public. Compliance Status:

Displays will need to be
reviewed by Cultural Heritage
Committee, pending final
development plans for Ag
Heritage Center
CR-2(a) Retain a Qualified Principal Investigator. In
accordance with Conservation and Open Space Policies

3.5.6 and 3.5.7, a qualified principal investigator, defined as an archaeologist who meets the Secretary of the Interior’s Standards for professional archaeology (hereafter qualified archaeologist), shall be retained to carry out all mitigation measures related to archaeological resources.

Monitoring shall involve inspection of subsurface
construction disturbance at or in the immediate vicinity of known sites, or at locations that may harbor buried
resources that were not identified on the site surface. A Native American monitor shall also be present because the area is a culturally sensitive location. The monitor(s) shall be on-site on a full-time basis during earthmoving activities, including grading, trenching, vegetation removal, or other excavation activities.

The project applicant shall
retain a qualified principal
investigator prior to the
issuance of grading permits.

The City shall confirm the
qualifications of and approve
the applicant’s choice of a
qualified principal investigator.

Compliance Status:

Required in Specific Plan and
noted on Tract Map and
Grading Plans. Monitor hired
and in place.

City of San Luis
Obispo
Community
Development
Department.
11-19
4-20
7-20
11-20
10-21
Yes;
ongoing
with
individual
projects
CR-2(b) Unanticipated Discovery of Archaeological
Resources. In the event that archaeological resources are exposed during construction, all work shall be halted in the vicinity of the archaeological discovery until a qualified archaeologist can visit the site of discovery and assess the significance of the cultural resource. In the event that any artifact or an unusual amount of bone or shell is encountered during construction, work shall be immediately stopped and relocated to another area. The lead agency shall stop
construction within 100 feet of the exposed resource until a qualified archaeologist/paleontologist can evaluate the find (see 36 CFR 800.11.1 and CCR, Title 14, Section
15064.5[f]). Examples of such cultural materials might
include: ground stone tools such as mortars, bowls, pestles, and manos; chipped stone tools such as projectile points or choppers; flakes of stone not consistent with the immediate geology such as obsidian or fused shale; historic trash pits containing bottles and/or ceramics; or structural remains. If the resources are found to be significant, they must be The project applicant shall
retain a qualified Native
American monitor prior to the
issuance of grading permits.

The requirement that
construction work be stopped
in the event of discovery of
archaeological resources
shall be included on
construction plans prior to the
issuance of grading permits.

The City shall confirm the
qualifications of and approve
the applicant’s choice of a
qualified Native American
monitor. The City shall also
inspect the site periodically
during grading and demolition
to ensure compliance with this
measure. The City shall review
construction plans and
periodically inspect project
construction to ensure
compliance with this measure.

Compliance Status:

Required in Specific Plan and
noted on Tract Map and
Grading Plans. Ongoing
City of San Luis
Obispo
Community
Development
Department.

Yes;
ongoing
with
individual
projects

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San Luis Ranch Project EIR
Mitigation Monitoring and Reporting Program (updated February 2022) 26 Mitigation Measure
Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
avoided or will be mitigated consistent with State Historic Preservation Office (SHPO) Guidelines.
monitoring in place; no
unanticipated resources yet
discovered. Ongoing.

Geology and Soils
GEO-1 Earthquake and Ground Acceleration Design and
Construction Measures. Design and construction of the
buildings, roadway infrastructure and all subgrades shall be specifically proportioned to resist Design Earthquake Ground Motions (Design amax) of SD1=0.481 and SDS=0.832 and
engineered to withstand Maximum Considered Earthquake
(MCE) peak ground acceleration (PGAM) equal to 0.519 g, as described in the Soils Engineering Report for the project (GeoSolutions, Inc., 2015). The design should take into consideration the soil type, potential for liquefaction, and the most current and applicable seismic attenuation methods that are available.

These requirements shall be
incorporated into project
design plans submitted for
approval before the issuance
of grading and building
permits.

Compliance Status:

Noted on Tract Map and grading
plans. City Engineering to
verify prior to building permits.

City of San Luis
Obispo
Community
Development
Department.

Yes;
included
on map
approvals
To be
verified
with
permits
GEO-2 Operational Seismic Safety Requirement. For
retail stores included in the project, goods for sale may be stacked no higher than 8 feet from the floor in any area where customers are present, unless provisions are made to prevent the goods from falling during an earthquake of up to

7.5 magnitude. The stacking or restraint methods shall be reviewed and approved by the City before approval of
occupancy permits, and shall be a standing condition of occupancy.

These requirements shall be
incorporated into project site
plans submitted for approval
before the approval of final
development plan.

The Community Development
Department shall site inspect to
ensure development is in
accordance with approved
plans prior to occupancy
clearance.

Compliance Status:

Noted on Tract Map and grading
plans. City Engineering to
verify prior to occupancy
clearance.

City of San Luis
Obispo
Community
Development
Department.

Yes;
included
on map
approvals
To be
verified
with
permits
GEO-3 Geotechnical Design. The project plans and
specifications shall include the geotechnical
recommendations included in the Soils Engineering Report, prepared by GeoSolutions, Inc. on May 29, 2015.

Recommendations therein that shall be incorporated into the final project building plans include specification for the These requirements shall be
incorporated into project site
plans submitted for approval
before the issuance of grading
and building permits.

The Community Development
Department shall verify
compliance prior to issuance of
grading permits. The
Community Development
Department shall site inspect to
ensure development is in
accordance with approved
City of San Luis
Obispo
Community
Development
Department.

Yes;
included
on map
approvals
To be
verified
with

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San Luis Ranch Project EIR
Mitigation Monitoring and Reporting Program (updated February 2022) 27 Mitigation Measure
Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
following components of development preparation and
design:
 Building Pad Preparation
 Paved Areas Preparation
 Pavement Design
 Interlocking Concrete Pavers
 Conventional Foundations
 Post-Tensioned Slabs
 Slab-On-Grade Construction
 Retaining Walls
 Exterior Concrete Flatwork
plans prior to occupancy
clearance. Community
Development staff shall verify
installation in accordance with
approved building plans.

Compliance Status:

Noted on Tract Map and grading
plans. City Engineering to
verify prior to occupancy
clearance.
permits
Hazards and Hazardous Materials
HAZ-4 Soil Sampling and Remediation. Prior to issuance
of any grading permits, a contaminated soil assessment
shall be completed in the portions of land to be graded for development. Soil samples shall be collected under the
supervision of a professional geologist or environmental professional to determine the presence or absence of
contaminated soil in these areas. The sampling density shall be in accordance with guidance from San Luis Obispo
County Environmental Health Services, so as to define the volume of soil that may require remediation. Laboratory analysis of soil samples shall be analyzed for the presence of organochlorine pesticides, in accordance with EPA Test Method SW8081A, and heavy metals in accordance with
EPA Test Methods 6010B and 7471A. If soil sampling
indicates the presence of pesticides or heavy metals
exceeding applicable environmental screening levels, the soil assessment shall identify the volume of contaminated soil to be excavated.

If concentrations of contaminants exceed EPA action levels and therefore warrant remediation, contaminated materials shall be remediated either prior to concurrent with
construction and an Environmental Site Assessment (ESA) shall be prepared. Cleanup may include excavation,
disposal, bio-remediation, or any other treatment of
conditions subject to regulatory action. All necessary reports, regulations and permits shall be followed to achieve cleanup of the site. The contaminated materials shall be remediated under the supervision of an environmental consultant
licensed to oversee such remediation and under the
direction of the lead oversight agency. The remediation program shall also be approved by a regulatory oversight The contaminated soils
assessment and remediation
program, if necessary, shall
be submitted and approved
by the City’s Community
Development Department and
applicable regulatory
oversight agency prior to the
issuance of project grading
permits.

As applicable, the Community
Development Department shall
ensure implementation of a
remediation program according
to the measures included
therein and as approved by a
regulatory oversight agency.

Compliance Status:

Noted on Tract Map and grading
plans. Soil sampling is ongoing
consistent with health and safety
Plan.

City of San Luis
Obispo
Community
Development
Department.
11-19
4-20
7-20
11-20
10-21
Yes;
ongoing
with
individual
projects

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Mitigation Monitoring and Reporting Program (updated February 2022) 28 Mitigation Measure
Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
agency, such as the San Luis Obispo County Environmental Health Services, the Regional Water Quality Control Board (RWQCB), or DTSC. All proper waste handling and disposal procedures shall be followed. Upon completion of the
remediation, the environmental consultant shall prepare a report summarizing the project, the remediation approach implemented, and the analytical results after completion of the remediation, including all waste disposal or treatment manifests.

HAZ-6 HAZ-6 Naturally Occurring Asbestos Exposure
Avoidance and Minimization:
a. Prior to earthwork activities, a site-specific health and safety plan shall be developed per California
Occupational Safety and Health Administration
(CalOSHA) requirements. The plan shall include
appropriate health and safety measures if NOA is
detected in soil or bedrock beneath the project site. All construction workers that have the potential to come
into contact with contaminated soil/bedrock and
groundwater shall be knowledgeable of the
requirements in the health and safety plan, which
includes proper training and personal protective
equipment. The health and safety plan shall prescribe
appropriate respiratory protection for construction
workers.
b. Prior to beginning construction, a soil and bedrock
analysis for asbestos using polarized light microscopy
and transmission electron microscopy by a qualified
laboratory shall be conducted. Samples of soil shall be collected from multiple locations across the site, and
bedrock samples shall be collected from locations
where excavation into bedrock is anticipated. If NOA is detected, appropriate regulations pertaining to
excavation, removal, transportation, and disposal of
NOA shall be followed. The sampling strategy shall
take into account the locations of potential source
areas, and the anticipated lateral and vertical
distribution of contaminants in soil and/or groundwater.

The results of the investigation shall be documented in a report that is signed by a California Professional
Geologist. The report shall include recommendations
based upon the findings for additional
investigation/remediation if contaminants are detected
above applicable screening levels (e.g., excavate and
The measures to avoid and
minimize exposure to NOA
shall be included on project
grading and building plans,
and submitted to and
approved by the City’s
Community Development
Department and, as
applicable, California
Professional Geologist prior to
the issuance of project
grading and building permits.

As applicable, the Community
Development Department shall
ensure implementation of
avoidance and minimization
measures included therein and
as approved by a California
Professional Geologist.

Compliance Status:

Noted on Tract Map and grading
plans. Health and Safety Plan
submitted and accepted by
City.

City of San Luis
Obispo
Community
Development
Department.
11-19
4-20
7-20
11-20
10-21
Yes;
ongoing
with
individual
projects

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Mitigation Monitoring and Reporting Program (updated February 2022) 29 Mitigation Measure
Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
dispose, groundwater and/or soil vapor extraction, or in situ bioremediation).
c. During earthwork activities, appropriate procedures
shall be incorporated in the event that NOA is detected in soil or bedrock beneath the project site. These
procedures shall be followed to eliminate or minimize
construction worker or general public exposure to
potential contaminants in soil. Procedures shall include efforts to control fugitive dust, contain and cover
excavation debris piles, appropriate laboratory analysis of soil for waste characterization, and segregation of
contaminated soil from uncontaminated soil. The
applicable regulations associated with excavation,
removal, transportation, and disposal of contaminated
soil shall be followed (e.g., tarping of trucks and waste manifesting). These procedures may be subject to San
Luis Obispo APCD requirements under the California
ARB ATCM for Construction, Grading, Quarrying, and
Surface Mining Operations.

Hydrology and Water Quality
HWQ-1(a) Stormwater Pollution Prevention Plan. All
required actions shall be implemented pursuant to a SWPPP and SWMP to be prepared by the project applicant and
submitted by the City to the Regional Water Quality Control Board under the NPDES Phase II program. At a minimum,
the SWPPP/SWMP shall including the following BMPs:
 The use of sandbags, straw bales, and temporary desilting basins during project grading and construction during the rainy season to prevent discharge of
sediment-laden runoff into stormwater facilities;
 Revegetation as soon as practicable after completion of grading to reduce sediment transport during storms;
 Installation of straw bales, wattles, or silt fencing at the base of bare slopes before the onset of the rainy
season (October 15th through April 15th);
 Installation of straw bales, wattles, or silt fencing at the project perimeter and in front of storm drains before the onset of the rainy season (October 15th through April
15th); and/or
 Alternative BMPs as approved by the RWQCB as part
of the SWPPP submittal.

The project applicant shall
prepare a SWPPP and SWMP
that identifies constructionrelated staging and
maintenance areas, and at a
minimum, the BMPs identified
in Mitigation Measure HWQ1(a). The SWPPP and notices
shall be submitted for review
and approval by the City prior
to the initiation of construction.

The SWPPP/SWMP shall be
designed to address erosion
and sediment control during all
phases of development of the
site until all disturbed areas are
permanently stabilized.

The City shall ensure
compliance with the SWPPP. A
Geotechnical Engineer or an
Engineering Geologist shall be
made available to monitor
technical aspects of the grading
activities, including installation of
the drainage outlets and
associated headwalls and
aprons. The City shall also
inspect the site during grading to
monitor runoff and after
conclusion of grading activities.

Compliance Status:

Noted on Tract Map and grading
plans. SWPPP was submitted
prior to issuance of grading
permits.

City of San Luis
Obispo
Community
Development
Department.
1-20
4-20
7-20
11-20
10-21
Yes;
ongoing
with
individual
projects

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San Luis Ranch Project EIR
Mitigation Monitoring and Reporting Program (updated February 2022) 30 Mitigation Measure
Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
HWQ-1(b) Berms and Basins. As specified in the SWPPP,
the applicant shall be required to manage and control runoff by constructing temporary berms, sediment basins, runoff diversions, or alternative BMP’s as approved by the RWQCB as part of the SWPPP submittal, in order to avoid
unnecessary siltation into local streams during construction activities where grading and construction shall occur in the vicinity of such streams.
 Berms and basins shall be constructed when grading
commences and be periodically inspected and
maintained. The project applicant shall sufficiently
document, to the CCRWQCB satisfaction, the proper
installation of such berms and basins during grading.

The applicant shall include
required berms and basins on
project design plans which
must be reviewed and
approved by the City prior to
the approval of the VTTM.

The City shall ensure
compliance with runoff control
requirements. A Geotechnical
Engineer or an Engineering
Geologist shall be made
available to monitor technical
aspects of the grading activities,
including installation of the
berms and basins. The City
shall also inspect the site during
grading to monitor runoff and
after conclusion of grading
activities.

Compliance Status:

Noted on Tract Map and grading
plans. SWPPP was submitted
prior to issuance of grading
permits.

City of San Luis
Obispo
Community
Development
Department.
1-20
4-20
7-20
11-20
10-21
Yes;
ongoing
with
individual
projects
HWQ-1(c) Concept Grading Plan and Master Drainage
Plan. As specified in the SWPPP and the City’s Floodplain Management Regulations, the applicant shall be required to submit a Grading Plan and Master Drainage Plan to the
Planning Division and City Public Works Director for
approval prior to approval of the VTTM. The grading and drainage plans shall be designed to minimize erosion and water quality impacts, to the extent feasible, and shall be consistent with the project’s SWPPP. The plans shall include the following:
a. Graded areas shall be revegetated with deep-rooted,
native, non-invasive drought tolerant species to
minimize slope failure and erosion potential. Geotextile fabrics shall be used if necessary to hold slope soils
until vegetation is established;
b. Temporary storage of construction equipment shall be limited to a minimum of 100 feet away from drainages
on the project site; and
c. Erosion control structures shall be installed.
d. Demonstrate peak flows and runoff for each phase of
construction.

The project applicant shall
prepare a Grading Plan and
Master Drainage Plan. The
Grading Plan and Master
Drainage Plan shall be
submitted for review and
approval by the City prior to
the approval of the VTTM. The
grading and drainage plans
shall be designed to minimize
erosion and water quality
impacts, to the extent
feasible, and shall be
consistent with the project’s
SWPPP.

The City shall ensure
compliance with the grading and
drainage plans. A Geotechnical
Engineer or an Engineering
Geologist shall be made
available to monitor technical
aspects of the grading activities,
including installation of the
drainage outlets and associated
headwalls and aprons. The City
shall also inspect the site during
grading to monitor runoff and
after conclusion of grading
activities.

Compliance Status:

Noted on Tract Map and grading
plans. Master Drainage Report
was part of the plan review
process and was submitted
and approved prior to approval
City of San Luis
Obispo
Community
Development
Department.
1-20
4-20
7-20
11-20
10-21
Yes;
ongoing
with
individual
projects

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San Luis Ranch Project EIR
Mitigation Monitoring and Reporting Program (updated February 2022) 31 Mitigation Measure
Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
e. Be coordinated with habitat restoration efforts, including measures to minimize removal of riparian and wetland
habitats and trees (Mitigation Measures BIO-2[a] and
BIO-2[b]).
f. Grading and drainage plans shall be submitted for
review and approval by the Planning Division. The
applicant shall ensure installation of erosion control
structures prior to beginning of construction of any
structures, subject to review and approval by the City. of the Onsite and Offsite
Improvement Plans.

HWQ-3(a) Stormwater Quality Treatment Controls. BMP
devices shall be incorporated into the stormwater quality system depicted in the Master Drainage Plan (refer to
Mitigation Measure HWQ-1[c]). The final design of the
stormwater quality system shall be reviewed and approved by the City.

The Master Drainage Plan shall contain the following
relevant BMPs:
 Vegetated bioswales to reduce sediment and
particulate forms of metals and other pollutants along
corridors of planted grasses.
 Vegetated buffer strips to reduce sediment and
particulate forms of metals and nutrients.

BMP devices shall be
incorporated into the
stormwater quality system
depicted in the Master
Drainage Plan (refer to
Mitigation Measure HWQ1[c]). The final design of the
stormwater quality system
shall be reviewed and
approved by the City.

The applicant shall demonstrate
inclusion of BMPs within the
VTTM, Utilities Plan, and Master
Drainage Plan, which shall be
submitted for review and
approval by the City prior to
Development Plan approval and
VTTM recordation.

Compliance Status:

Noted on Tract Map and grading
plans. Stormwater BMP
Maintenance Manual, referred
to as an Operation and
Maintenance (O&M) Manual,
was submitted and approved
as part of the Public
Improvement Plan review
process. It is anticipated that
O&M Manual may need to be
updated if any field changes
occur.

City of San Luis
Obispo
Community
Development
Department and
Public Works
Department.
1-20
4-20
7-20
11-20
10-21
Yes;
ongoing
with
individual
projects
HWQ-3(b) Stormwater BMP Maintenance Manual. The
project applicant shall prepare a development maintenance manual for the stormwater quality system BMPs (refer to Mitigation Measure HWQ-3[a]). The maintenance manual
shall include detailed procedures for maintenance and
operations of all stormwater facilities to ensure long-term operation and maintenance of post-construction stormwater controls. The maintenance manual shall require that
stormwater BMP devices be inspected, cleaned, and
maintained in accordance with the manufacturer’s
The project applicant shall
prepare a development
maintenance manual for the
stormwater quality system
BMPs according to the
specifications in this
measure.

The maintenance manual shall
be submitted for review and
approval by the City prior to
Development Plan approval and
VTTM recordation.

Compliance Status:

Noted on Tract Map and grading
plans. Stormwater BMP
City of San Luis
Obispo
Community
Development
Department and
Public Works
Department.
1-20
4-20
7-20
11-20
10-21
Yes;
ongoing
with
individual
projects

Page 65 of 381 ends

San Luis Ranch Project EIR
Mitigation Monitoring and Reporting Program (updated February 2022) 32 Mitigation Measure
Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
maintenance specifications. The manual shall require that devices be cleaned prior to the onset of the rainy season (i.e., October 15th) and immediately after the end of the rainy season (i.e., May 15th). The manual shall also require that all devices be checked after major storm events.

Maintenance Manual, referred
to as an Operation and
Maintenance (O&M) Manual,
was submitted and approved
as part of the Public
Improvement Plan review
process. It is anticipated that
O&M Manual may need to be
updated if any field changes
occur.

HWQ-3(c) Stormwater BMP Semi-Annual Maintenance
Report. The property manager(s) or acceptable
maintenance organization shall submit to the City of San Luis Obispo Public Works Department a detailed report
prepared by a licensed Civil Engineer addressing the
condition of all private stormwater facilities, BMPs, and any necessary maintenance activities on a semi-annual basis (October 15th and May 15th of each year). The requirement for maintenance and report submittal shall be recorded
against the property.

The property manager(s) or
acceptable maintenance
organization shall submit to
the City of San Luis Obispo
Public Works Department a
detailed report prepared by a
licensed Civil Engineer
addressing the condition of all
private stormwater facilities,
BMPs, and any necessary
maintenance activities on a
semi-annual basis (October
15th and May 15th of each
year)
The maintenance reports shall
be submitted for review and
approval by the City on a semiannual basis and shall be included with the VTTM
recordation.

Compliance Status:

Noted on Tract Map and grading
plans. The requirement for
semi-annual reporting will start
after the completion of
installation of BMPs.

City of San Luis
Obispo
Community
Development
Department and
Public Works
Department.

Yes;
included
on map
approvals
To be
verified
as
required
HWQ-4 Conditional Letter of Map Revision/Letter of Map
Revision. The applicant, in conjunction with the City of San Luis Obispo, shall prepare the CLOMR application and
obtain a LOMR from FEMA.

The applicant shall prepare the
CLOMR application and
submit it to FEMA.

The City will confirm that FEMA
has approved the CLOMR prior
to issuance of a grading permit,
and LOMR prior to occupancy.

Compliance Status:

CLOMR has been submitted to
and approved by FEMA.

City of San Luis
Obispo
Community
Development
Department.

Yes

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Mitigation Monitoring and Reporting Program (updated February 2022) 33 Mitigation Measure
Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
Noise
N-1(a) Construction Vehicle Travel Route. Construction
vehicles and haul trucks shall utilize roadways which avoid residential neighborhoods and sensitive receptors where possible. The applicant shall submit a proposed construction vehicle and hauling route for City review and approval prior to grading/building permit issuance. The approved
construction vehicle and hauling route shall be used for soil hauling trips prior to construction as well as for the duration of construction.

Construction plans shall note
construction hours and truck
routes, and shall be submitted
to the City for approval prior to
grading and building permit
issuance for each project
phase. The Community
Development department shall
confirm that construction noise
reduction measures are
incorporated in plans prior to
approval of grading/building
permit issuance.

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.

Compliance Status:

Noted on Tract Map and grading
plans.

City of San Luis
Obispo
Community
Development
Department.
1-20
4-20
7-20
11-20
10-21
Yes;
ongoing
with
individual
projects
N-1(b) Construction Activity Timing. Except for
emergency repair of public service utilities, or where an exception is issued by the Community Development
Department, no operation of tools or equipment used in
construction, drilling, repair, alteration, or demolition work shall occur daily between the hours of 7:00 PM and 7:00 AM, or any time on Sundays, holidays, or after sunset, such that the sound creates a noise disturbance that exceeds 75 dBA for single family residential, 80 dBA for multi-family residential, and 85 dBA for mixed residential/commercial land uses across a residential or commercial property line.

Construction plans shall note
construction hours and shall
be submitted to the City for
approval prior to grading and
building permit issuance for
each project phase. 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 preconstruction meeting on
construction hour limitations. A
workday schedule will be
adhered to for the duration of
construction for all phases.

Compliance Status:

Noted on Tract Map and grading
plans. Periodic onsite
monitoring; verify through
complaints and follow up.

City of San Luis
Obispo
Community
Development
Department.
1-20
4-20
7-20
11-20
10-21
Yes;
ongoing
with
individual
projects
N-1(c) Construction Equipment Best Management
Practices (BMPs). For all construction activity at the project site, noise attenuation techniques shall be employed to Construction plans shall note
construction Best
Management Practices
City staff shall ensure
compliance throughout all
construction phases. Building
City of San Luis
Obispo
Community
1-20
4-20
7-20
Yes;
ongoing
with

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San Luis Ranch Project EIR
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Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
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 65 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 factoryrecommended 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).
 Temporary sound barriers shall be constructed between construction sites and affected uses.
(BMPs) and shall be submitted
to the 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 preconstruction meeting on 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.
inspectors and permit
compliance staff shall
periodically inspect the site for
compliance with activity
schedules and respond to
complaints.

Compliance Status:

Noted on Tract Map and grading
plans. Periodic onsite
monitoring; verify through
complaints and follow up.

Development
Department.
11-20
10-21
individual
projects
N-4(a) HVAC Equipment. Retail HVAC equipment shall be
shielded and located on building rooftops, or a minimum of 100 feet from the nearest residential property line.

These requirements shall be
incorporated into project site
plans submitted for approval
before the issuance of grading
and building permits.

The Community Development
Department shall verify
compliance prior to issuance of
operating permits. The
Community Development
Department shall site inspect to
City of San Luis
Obispo
Community
Development
Department.
11-20 On tract
map; field
verify as
needed

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San Luis Ranch Project EIR
Mitigation Monitoring and Reporting Program (updated February 2022) 35 Mitigation Measure
Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
ensure development is in
accordance with approved plans
prior to occupancy clearance.

Community Development staff
shall verify compliance in
accordance with approved
building plans.

Compliance Status:

Noted on Tract Map. Will apply
once commercial component
begins.

N-4(b) Parking Lot/Loading Dock Orientation and Noise
Barrier. If parking areas or loading docks would be located within 250 feet of the residential properties to the west, a masonry noise barrier shall be installed along the eastern boundary of the proposed residences adjacent to the
commercial land use area on the eastern portion of the
project site. The noise barrier shall be constructed of any masonry material with a surface density of at least three pounds per square foot, and shall have no openings or gaps.

These requirements shall be
incorporated into project site
plans submitted for approval
before the issuance of grading
and building permits.

The Community Development
Department shall verify
compliance prior to issuance of
operating permits. The
Community Development
Department shall site inspect to
ensure development is in
accordance with approved plans
prior to occupancy clearance.

Community Development staff
shall verify compliance in
accordance with approved
building plans.

Compliance Status:

Noted on Tract Map. Will apply
once commercial component
begins.

City of San Luis
Obispo
Community
Development
Department.
11-20 On tract
map; field
verify as
needed
N-5(a) Interior Noise Reduction. The project applicant shall implement the following measures, or similar combination of measures, which demonstrate that interior noise levels in proposed residences adjacent to Froom Ranch Way and
Madonna Road, hotel, and offices would be reduced below the City’s 45 dBA CNEL interior noise standard. The
required interior noise reduction shall be achieved through a combination of standard interior noise reduction techniques, which may include (but are not limited to):

These requirements shall be
incorporated into all
construction documents
submitted for approval before
the issuance of grading
permits.

City of San Luis
Obispo
Community
Development
Department.
1-20
4-20
7-20
11-20
Yes;
ongoing
with
individual
projects;
field
verify as
needed

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Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
 In order for windows and doors to remain closed,
mechanical ventilation such as air conditioning shall be provided for all units (Passive ventilation may be
provided, if mechanical ventilation is not necessary to achieve interior noise standards, as demonstrated by a
qualified acoustical consultant).
 All exterior walls shall be constructed with a minimum STC rating of 50, consisting of construction of 2 inch by 4 inch wood studs with one layer of 5/8 inch Type “X”
gypsum board on each side of resilient channels on 24
inch centers and 3 ½ inch fiberglass insulation.
 All windows and glass doors shall be rated STC 39 or
higher such that the noise reduction provided will
satisfy the interior noise standard of 45 dBA CNEL.
 An acoustical test report of all the sound-rated windows and doors shall be provided to the City for review by a qualified acoustical consultant to ensure that the
selected windows and doors in combination with wall
assemblies would reduce interior noise levels
sufficiently to meet the City’s interior noise standard.  All vent ducts connecting interior spaces to the exterior (i.e., bathroom exhaust, etc.) shall have at least two 90 degree turns in the duct.
 All windows and doors shall be installed in an
acoustically-effective manner. Sliding window panels
shall form an air-tight seal when in the closed position and the window frames shall be caulked to the wall
opening around the perimeter with a non-hardening
caulking compound to prevent sound infiltration.

Exterior doors shall seal air-tight around the full
perimeter when in the closed position.

The applicant shall submit a report to the Community
Development Department by a qualified acoustical
consultant certifying that the specific interior noise reduction techniques included in residential, hotel, and office
components of the project would achieve interior noise
levels that would not exceed 45 dBA CNEL.

Community Development staff
shall verify installation in
accordance with approved
building plans.

Compliance Status:

Noted on Tract Map and project
plans. Will require verification
and site inspection.

N-5(b) Residential Outdoor Activity Area Noise
Attenuation. Outdoor activity areas (e.g., patios and hotel pool areas) associated with shared multifamily residential recreational spaces, hotel, commercial, and office uses shall be protected from sound intrusion so that they meet the City’s exterior standard of 60 dBA CNEL. Outdoor activity These requirements shall be
incorporated into all
construction documents
submitted for approval before
The Community Development
Department shall verify
compliance prior to issuance of
grading permits. The
Community Development
Department shall site inspect to
City of San Luis
Obispo
Community
Development
Department.
1-20
4-20
7-20
11-20
Yes;
ongoing
with
individual
projects;
field

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Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
areas shall be oriented away from traffic noise such that intervening buildings reduce traffic noise or shall include noise barriers capable of reducing traffic noise levels to meet the City’s exterior standard. Hotel pool areas shall be located a minimum of 500 feet from the U.S. 101 right-ofway. Noise barriers may be constructed of a material such as tempered glass, acrylic glass, or masonry material with a surface density of at least three pounds per square foot, and shall have no openings or gaps. The applicant shall submit a report to the Community Development Department by a
qualified acoustic consultant certifying that the specific outdoor noise reduction techniques in combination with the orientation of outdoor activity areas of shared multifamily residential recreational spaces, hotel, commercial, and offices would achieve exterior noise levels that would not exceed 60 dBA CNEL.
the issuance of grading
permits.
ensure development is in
accordance with approved plans
prior to occupancy clearance.

Community Development staff
shall verify installation in
accordance with approved
building plans.

Compliance Status:

Noted on Tract Map and project
plans. Will require verification
and site inspection.
verify as
needed
N-5(c) Froom Ranch Way Noise Barrier. A masonry noise
barrier or alternative barrier, such as a landscaped berm, shall be installed along the southern property line of
residential lots that abut Froom Ranch Way to protect
outdoor activity areas (patios and pools) at these residences from sound intrusion from traffic along Froom Ranch Way.

The noise barrier or berm shall provide, at minimum, a 6 foot high barrier between Froom Ranch Way and the neighboring residences from the final grade of whichever use (i.e., Froom Ranch Way or residences) has a higher final elevation. If a masonry noise barrier is implemented, the noise barrier shall be constructed of any masonry material with a surface
density of at least three pounds per square foot, and shall have no openings or gaps. If an alternative material is used, the developer shall submit a report to the Community
Development Department by a qualified acoustical
consultant certifying that the specific exterior noise reduction techniques included would achieve exterior noise levels that would not exceed 60 dBA CNEL.

These requirements shall be
incorporated into all
construction documents
submitted for approval before
the issuance of grading
permits.

Community Development staff
shall verify installation in
accordance with approved
building plans.

Compliance Status:

Noted on Tract Map and project
plans. Will require verification
and site inspection.

City of San Luis
Obispo
Community
Development
Department.

TBD
N-5(d) U.S. Highway 101 Noise Barrier at Hotel. If the
hotel includes an outdoor activity area (such as a patio or pool) a masonry noise barrier or alternative barrier, such as berms, landscaping, or glass, must be installed along the eastern property line of the hotel where it abuts the U.S. 101 right of way to protect these outdoor activity areas from sound intrusion from traffic along U.S. 101. If a masonry noise barrier is implemented, the noise barrier shall provide, These requirements shall be
incorporated into all
construction documents
submitted for approval before
the issuance of grading
permits.

The Community Development
Department shall verify
compliance prior to issuance of
grading permits. The
Community Development
Department shall site inspect to
ensure development is in
accordance with approved plans
City of San Luis
Obispo
Community
Development
Department.
7-20 Yes;
ongoing
with hotel
project;
field
verify as
needed

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San Luis Ranch Project EIR
Mitigation Monitoring and Reporting Program (updated February 2022) 38 Mitigation Measure
Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
at minimum, an 8 foot high barrier between U.S. 101 and the hotel from the final grade of whichever use (i.e., U.S. 101 or hotel) has a higher final elevation. Such a noise barrier shall be constructed of any masonry material with a surface
density of at least three pounds per square foot, and shall have no openings or gaps. If an alternative material is used, the developer shall submit a report to the Community
Development Department by a qualified acoustical
consultant demonstrating that the specific exterior noise reduction techniques included in the hotel component of the project would achieve exterior noise levels that would not exceed 60 dBA CNEL.
prior to occupancy clearance.

Community Development staff
shall verify installation in
accordance with approved
building plans.

Compliance Status:

Noted on Tract Map and project
plans. Project design includes
interior courtyard, but will
require verification and site
inspection.

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San Luis Ranch Project EIR
Mitigation Monitoring and Reporting Program (updated February 2022) 39 Mitigation Measure
Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
Recreation
REC-1 Parkland In-lieu Fees. The project applicant shall pay parkland in-lieu fees in accordance with the City’s parkland in-lieu fee program for the parkland shortage. The project’s specific fee shall be determined by the City at the time of project approval, after accounting for parkland provided within the San Luis Ranch Specific Plan Area. The in-lieu fees collected from the project shall be directed to new projects or improvements to existing parks and
recreation facilities within the City of San Luis Obispo parks system.

The project applicant shall
pay parkland in-lieu fees in
accordance with the City’s
parkland in-lieu fee program
prior to Development Plan
approval.

The Parks and Recreation
Department shall verify
compliance prior to Plan
approval.

Compliance Status:

Noted on Tract Map and project
plans. Payment pending. Verify
payment with Parks and Rec.

City of San Luis
Obispo Parks
and Recreation
Department.
1-20
4-20
7-20
11-20
Yes;
ongoing
with
individual
projects;
verify
payment
with
Parks
and Rec
Transportation
T-1(b), T-8a), T-9(c). Madonna Road & Dalidio
Drive/Prado Road Intersection

1. Extend existing westbound left turn lane on Madonna
Road to Dalidio Drive/Prado Road to 310’

2. Install 2nd westbound 310’ left turn lane on Madonna Road to Dalidio Drive/Prado Road

3. Install eastbound 250’ right turn pocket on Madonna
Road to Dalidio Drive/Prado Road

4. Install 2nd northbound left shared with through-lane on Prado Road/Dalidio Drive to Madonna Road

5. Prohibit westbound U-turns on Madonna Road

6. Provide split phase operations & optimize signal timing Implementation of
improvements shall occur prior
to building permits or
occupancy.

City Public Works staff shall
ensure implementation of these
improvements following
approval of the final design
plans for the Specific Plan Area.

Compliance Status:

Noted on Tract Map and project
plans. Public Works to verify.

Applies to all traffic mitigation.

City of San Luis
Obispo Public
Works
Department.

Yes
T-1(e), T-2(f), T-8(b), T-9(h). Los Osos Valley Road &
Froom Ranch Way Intersection

1. Install dedicated 230’ right turn lane on northbound Froom Ranch Way approach to Los Osos Valley Road

2. Extend right turn lane on southbound Froom Ranch Way approach to Los Osos Valley Road to 110’

3. Install 2nd southbound left turn lane on Froom Ranch Way approach to eastbound Los Osos Valley Road
Implementation of
improvements shall occur with
Froom Bridge construction.

City Public Works staff shall
ensure implementation of these
improvements following
approval of the final design
plans for the Specific Plan Area.

Compliance Status:

Noted on Tract Map and project
plans. Public Works to verify.

Applies to all traffic mitigation.

City of San Luis
Obispo Public
Works
Department.

Yes
T-1(f), T-8(c). Los Osos Valley Road & Auto Parkway
Intersection
The developer shall pay fair
share mitigation fees in
accordance with a Cityadopted funding mechanism
City Public Works staff shall
confirm payment of applicable
City of San Luis
Obispo Public
Yes

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San Luis Ranch Project EIR
Mitigation Monitoring and Reporting Program (updated February 2022) 40 Mitigation Measure
Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance

1. Pay Fair Share Impact fees for Signalization
(Prior to Building Permits or Occupancy)

2. Pay Fair share costs and dedicate necessary
ROW for construction of the Prado Road
Overpass & NB Ramps (Timing & Amount of
Fair Share Payments as established in San
Luis Ranch Development Agreement).

3. Develop a Travel Demand Management Plan
consistent with section 2.4.3 and to the
satisfaction of the Public Works Director
(Prior to Building Permits or Occupancy)
consistent with the
Development Agreement.

TDMP to be established prior
to building permits or
occupancy.
fees, dedication of ROW, and
completion of TDMP.

Compliance Status:

Noted on Tract Map and project
plans. Public Works to verify.

Applies to all traffic mitigation.

Works
Department.

T-2(g). Los Osos Valley Road & U.S. 101 Southbound
Off Ramp

1. Extend off ramp left turn lane to 320’
Implementation of
improvements shall occur by
building permits or occupancy.

City Public Works staff shall
ensure implementation of these
improvements following
approval of the final design
plans for the Specific Plan Area.

Compliance Status:

Noted on Tract Map and project
plans. Public Works to verify.

Applies to all traffic mitigation.

City of San Luis
Obispo Public
Works
Department.

TBD
T-2(h). Los Osos Valley Road & U.S. 101 Northbound
Off Ramp

1. Pay Fair share costs and dedicate necessary ROW for
construction of the Prado Road Overpass & NB Ramps
(Timing & Amount of Fair Share Payments as
established in San Luis Ranch Development
Agreement).

2. Develop a Travel Demand Management Plan consistent
with section 2.4.3 and to the satisfaction of the Public Works Director (Prior to Building Permits or Occupancy) The developer shall pay fair
share mitigation fees in
accordance with a Cityadopted funding mechanism
consistent with the
Development Agreement.

TDMP to be established prior
to building permits or
occupancy.

City Public Works staff shall
confirm payment of applicable
fees, dedication of ROW, and
completion of TDMP.

Compliance Status:

Noted on Tract Map and project
plans. Public Works to verify.

Applies to all traffic mitigation.

City of San Luis
Obispo Public
Works
Department.

TBD
T-1(c), T-2(c). Madonna & U.S. 101 Southbound Off
Ramp

1. Pay Fair share costs and dedicate necessary ROW for
construction of the Prado Road Overpass & NB Ramps
(Timing & Amount of Fair Share Payments as
The developer shall pay fair
share mitigation fees in
accordance with a Cityadopted funding mechanism
consistent with the
Development Agreement.

TDMP and Madonna ramp
City Public Works staff shall
confirm payment of applicable
fees, dedication of ROW, and
completion of TDMP.

Compliance Status:

City of San Luis
Obispo Public
Works
Department.

TBD

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San Luis Ranch Project EIR
Mitigation Monitoring and Reporting Program (updated February 2022) 41 Mitigation Measure
Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
established in San Luis Ranch Development
Agreement).

2. Develop a Travel Demand Management Plan consistent
with section 2.4.3 and to the satisfaction of the Public Works Director (Prior to Building Permits or Occupancy)

3. Extend northbound Madonna Road left turn lane to 150’ (Prior to Building Permits or Occupancy)
extension to be established
prior to building permits or
occupancy.

Noted on Tract Map and project
plans. Public Works to verify.

Applies to all traffic mitigation.

T-2(d). Madonna & U.S. 101 Northbound Off Ramp

1. Pay Fair share costs and dedicate necessary ROW for
construction of the Prado Road Overpass & NB Ramps
(Timing & Amount of Fair Share Payments as established
in San Luis Ranch Development Agreement).

TDMP to be established prior
to building permits or
occupancy.

City Public Works staff shall
confirm payment of applicable
fees, dedication of ROW, and
completion of TDMP.

Compliance Status:

Noted on Tract Map and project
plans. Public Works to verify.

Applies to all traffic mitigation.

City of San Luis
Obispo Public
Works
Department.

TBD
T-2(e). Madonna & Higuera Street

TDMP to be established prior
to building permits or
occupancy.

City Public Works staff shall
confirm payment of applicable
fees, dedication of ROW, and
completion of TDMP.

Compliance Status:

Noted on Tract Map and project
plans. Public Works to verify.

Applies to all traffic mitigation.

City of San Luis
Obispo Public
Works
Department.

TBD
T-2(a). Madonna & Los Osos Valley Road

TDMP to be established prior
to building permits or
occupancy.

City Public Works staff shall
confirm payment of applicable
fees, dedication of ROW, and
completion of TDMP.

Compliance Status:

Noted on Tract Map and project
plans. Public Works to verify.

Applies to all traffic mitigation.

City of San Luis
Obispo Public
Works
Department.

TBD

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San Luis Ranch Project EIR
Mitigation Monitoring and Reporting Program (updated February 2022) 42 Mitigation Measure
Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
T-1(g), T-8(g), T-9(l). Higuera Street & Tank Farm Road

1. Pay Fair share costs and dedicate necessary
ROW for construction of the Prado Road
Overpass & NB Ramps (Timing & Amount of
Fair Share Payments as established in San
Luis Ranch Development Agreement).

2. Develop a Travel Demand Management Plan
consistent with section 2.4.3 and to the
satisfaction of the Public Works Director (Prior
to Building Permits or Occupancy)

3. Extend northbound right turn pocket to 230’
and channelize movement (Prior to Building
Permits or Occupancy)
The developer shall pay fair
share mitigation fees in
accordance with a Cityadopted funding mechanism
consistent with the
Development Agreement.

TDMP and extended NB right
turn pocket to be completed
prior to building permits or
occupancy.

City Public Works staff shall
confirm payment of applicable
fees. City Public Works staff
shall ensure implementation of
these improvements following
approval of the final design
plans for the Specific Plan Area.

Compliance Status:

Noted on Tract Map and project
plans. Public Works to verify.

Applies to all traffic mitigation.

City of San Luis
Obispo Public
Works
Department.

TBD
T-2(j), T-9(m). Prado Road & Higuera Street Intersection

1. Install 2nd U.S. 101 northbound left turn lane

2. Extend westbound right turn pocket to 400’
Implementation of
improvements shall occur by
building permits or occupancy.

City Public Works staff shall
ensure implementation of these
improvements following
approval of the final design
plans for the Specific Plan Area.

Compliance Status:

Noted on Tract Map and project
plans. Public Works to verify.

Applies to all traffic mitigation.

City of San Luis
Obispo Public
Works
Department.

TBD
T-2(i). Los Osos Valley Road & Higuera Street

1. Extend eastbound right turn lane to 180’
Implementation of
improvements shall occur by
building permits or occupancy.

City Public Works staff shall
ensure implementation of these
improvements following
approval of the final design
plans for the Specific Plan Area.

Compliance Status:

Noted on Tract Map and project
plans. Public Works to verify.

Applies to all traffic mitigation.

City of San Luis
Obispo Public
Works
Department.

TBD
T-1(h), T-1(i). Install Multilane Roundabout at
Prado/Dalidio & Froom Intersection
Implementation of
improvements shall occur with
Prado/Dalidio Road
construction.

City Public Works staff shall
ensure implementation of these
improvements following
approval of the final design
plans for the Specific Plan Area.

Compliance Status:

City of San Luis
Obispo Public
Works
Department.

TYes

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San Luis Ranch Project EIR
Mitigation Monitoring and Reporting Program (updated February 2022) 43 Mitigation Measure
Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
Noted on Tract Map and project
plans. Public Works to verify.

Applies to all traffic mitigation.

T-6. Install Multilane Roundabout Control or Restricted Access at Prado Road/Dalidio Drive & Project Driveways
Implementation of
improvements shall occur with
Prado/Dalidio construction.

City Public Works staff shall
ensure implementation of these
improvements following
approval of the final design
plans for the Specific Plan Area.

Compliance Status:

Noted on Tract Map and project
plans. Public Works to verify.

Applies to all traffic mitigation.

City of San Luis
Obispo Public
Works
Department.

Yes
T-3(d). Parallel Class I Multiuse Paths or Bike Boulevard Fair Share Payment:

1. Higuera Street (Madonna Road to Prado Road)

2. Los Osos Valley Road (Madonna Road to Higuera
Street)

3. Madonna Road (Los Osos Valley Road to Higuera
Street)
Construct:

4. Prado Road/Dalidio Drive (Froom Ranch Way to
Higuera Street)
Payment of fair share for
implementation identified
improvements shall occur per
Development Agreement.

Implementation of Prado
Road/Dalidio Drive
improvement shall occur with
Prado construction.

City Public Works staff shall
ensure implementation of this
measure.

Compliance Status:

Noted on Tract Map and project
plans. Public Works to verify.

Applies to all traffic mitigation.

City of San Luis
Obispo Public
Works
Department.

TBD
T-3(a). City Transit Headway Optimization

1. Fund assessment of decreasing traffic headways to 25 min
Implementation of
improvements shall be
ongoing as determined
necessary by City Public
Works.

City Public Works staff shall
ensure implementation of these
improvements following
approval of the final design
plans for the Specific Plan Area.

Compliance Status:

Noted on Tract Map and project
plans. Public Works to verify.

Applies to all traffic mitigation.

City of San Luis
Obispo Public
Works
Department.

TBD
T-1(a, d). City Signal Timing Optimization Implementation of improvements shall be
ongoing as determined
necessary by City Public
Works.

City Public Works staff shall
ensure implementation of these
improvements following
approval of the final design
plans for the Specific Plan Area.

City of San Luis
Obispo Public
Works
Department.

TBD

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San Luis Ranch Project EIR
Mitigation Monitoring and Reporting Program (updated February 2022) 44 Mitigation Measure
Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
Compliance Status:

Noted on Tract Map and project
plans. Public Works to verify.

Applies to all traffic mitigation.

T-7. Traffic Calming and/or Reconfiguration of New
Neighborhood Streets
The project applicant shall
include neighborhood traffic
circles at key intersections and
traffic-calming features on final
design plans for development
within the Specific Plan Area.

City Public Works staff shall
confirm inclusion of
neighborhood traffic circles at
key intersections and trafficcalming features, and approve final design plans prior to
issuance of grading permits.

Compliance Status:

Noted on Tract Map and project
plans. Public Works to verify.

Applies to all traffic mitigation.

City of San Luis
Obispo Public
Works
Department.

TBD
T-5. Froom Ranch Way Bridge Construction The Froom Ranch Way bridge connection shall be
completed prior to any
residential or nonresidential building permits
or occupancy permits.

City Public Works staff shall
confirm implementation of this
measure.

Compliance Status:

Noted on Tract Map and project
plans. Public Works to verify.

Applies to all traffic mitigation.

City of San Luis
Obispo Public
Works
Department.

Yes
T-4. Construction Traffic Management Plan The project applicant shall submit the construction traffic
management plan for review
and approval by the City prior
to the initiation of construction.

The City shall ensure
compliance with the
construction traffic management
plan through routine monitoring
throughout all phases of project
construction.

Compliance Status:

Noted on Tract Map and project
plans. Public Works to verify.

Applies to all traffic mitigation.

City of San Luis
Obispo Public
Works
Department.

Ongoing
T-1(a). Madonna & Los Osos Valley Road Ongoing by City. City Public Works staff shall monitor timing as needed.

City of San Luis
Obispo Public
TBD

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San Luis Ranch Project EIR
Mitigation Monitoring and Reporting Program (updated February 2022) 45 Mitigation Measure
Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance

1. City optimize signal timing to accommodate increased project volumes Compliance Status:

Noted on Tract Map and project
plans. Public Works to verify.

Applies to all traffic mitigation.

Works
Department.

T-2(b), T-9(b). Madonna Road & Oceanaire Drive

TDMP to be established prior
to building permits or
occupancy.

City Public Works staff shall
confirm payment of applicable
fees, dedication of ROW, and
completion of TDMP.

Compliance Status:

Noted on Tract Map and project
plans. Public Works to verify.

Applies to all traffic mitigation.

City of San Luis
Obispo Public
Works
Department.

TBD
T-1(d). Higuera Street & South Street

1. City optimize signal timing to accommodate increased project volumes
Ongoing by City. City Public Works staff shall
monitor timing as needed.

Compliance Status:

Noted on Tract Map and project
plans. Public Works to verify.

Applies to all traffic mitigation.

City of San Luis
Obispo Public
Works
Department.

TBD
T-11(a). Prado & U.S. 101 Northbound Off Ramp

TDMP to be established prior
to building permits or
occupancy.

City Public Works staff shall
confirm payment of applicable
fees, dedication of ROW, and
completion of TDMP.

Compliance Status:

Noted on Tract Map and project
plans. Public Works to verify.

Applies to all traffic mitigation.

City of San Luis
Obispo Public
Works
Department.

TBD
T-11(b). North of Prado & U.S. 101 Northbound Off Ramp

City of San Luis
Obispo Public
Works
Department.

TBD

Page 79 of 381 ends

San Luis Ranch Project EIR
Mitigation Monitoring and Reporting Program (updated February 2022) 46 Mitigation Measure
Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
established in San Luis Ranch Development
Agreement).

2. Develop a Travel Demand Management Plan consistent
with section 2.4.3 and to the satisfaction of the Public Works Director (Prior to Building Permits or Occupancy) Development Agreement.

TDMP to be established prior
to building permits or
occupancy.

Compliance Status:

Noted on Tract Map and project
plans. Public Works to verify.

Applies to all traffic mitigation.

T-11(c). North of Madonna & U.S. 101 Northbound Off
Ramp

TDMP to be established prior
to building permits or
occupancy.

City Public Works staff shall
confirm payment of applicable
fees, dedication of ROW, and
completion of TDMP.

Compliance Status:

Noted on Tract Map and project
plans. Public Works to verify.

Applies to all traffic mitigation.

City of San Luis
Obispo Public
Works
Department.

TBD

Page 80 of 381 ends

San Luis Ranch
Summary of Compliance with Mitigation Measures
February 2022
Mitigation Measures
Item MM ID Summary Description Timing Compliance Status 1 AG-3(a) Agricultural Conflict Avoidance Measures. Include language in SP in compliance 2 AG-3(c) Buffer Landscaping. Prior to Final Map approval In compliance; field verification required 3 N-5(c) Froom Ranch Way Noise Barrier. Prior to Final Map Approval NG-10; PIPs In compliance; ongoing with each project 4 REC-1 Parkland In-lieu Fees. Prior to Final Map approval Yes; ongoing with individual projects 5 BIO-2(c) Froom Ranch Way Bridge Design to Avoid Riparian Areas. As part of PIPs In compliance; annual reporting for 5 years 6 GEO-1 Earthquake and Ground Acceleration Design and Construction Measures. As part of PIPs In compliance; verify with permitting 7 GEO-3 Geotechnical Design. As part of PIPs In compliance; verify with permitting 8 HWQ-1(a) Stormwater Pollution Prevention Plan. Grading Permits; PIPs; Final Map In compliance; ongoing with each project 9 HWQ-1(b) Berms and Basins. Grading Permits; PIPs; Final Map In compliance; ongoing with each project 10 HWQ-1(c) Concept Grading Plan and Master Drainage Plan. Grading Permits; PIPs; Final Map In compliance; ongoing with each project 11 HWQ-3(a) Stormwater Quality Treatment Controls. Grading Permits; PIPs; Final Map In compliance; ongoing with each project 12 HWQ-3(b) Stormwater BMP Maintenance Manual. With PIPs; annually In compliance; annually with each project 13 HWQ-3(c) Stormwater BMP Semi-Annual Maintenance Report. With PIPs; semi-annually In compliance; semi-annually per project 14 AQ-2(e) Construction Activity Management Plan. Prior to Map Recordation In compliance 15 BIO-2(a) Habitat Mitigation and Monitoring Plan Prior to Final Map recordation In compliance; annual report required 16 AG-1 Agricultural Conservation. Prior to Grading Permits In compliance 17 AQ-2(a) Fugitive Dust Control Measures. Prior to Grading Permits In compliance; ongoing with each project 18 AQ-2(b) Standard Control Measures for Construction Equipment. Prior to Grading Permits In compliance; ongoing with each project 19 AQ-2(c) Best Available Control Technology (BACT) for Construction Equipment. Prior to Grading Permits In compliance; ongoing with each project 20 AQ-3(a) Standard Operational Mitigation Measures. Prior to Grading Permits In compliance; field verification required 21 AQ-3(b) Off-Site Mitigation. Prior to Grading Permits In compliance; field verification required 22 BIO-1(a) Best Management Practices. Prior to Grading Permits In compliance; subject to field verification 23 BIO-1(b) Worker Environmental Awareness Program Training. Prior to Grading Permits In compliance; subject to field verification 24 BIO-1(c) Western Pond Turtle and Two-Striped Garter Snake Impact Avoidance and Minimization. Prior to Grading Permits In compliance; subject to field verification 25 BIO-1(d) California Red-legged Frog, Western spadefoot, and Coast Range Newt Impact Avoidance and Minimization Prior to Grading Permits In compliance; subject to field verification 26 BIO-1(e) Steelhead Impact Avoidance and Minimization. Prior to Grading Permits In compliance; subject to field verification 27 BIO-1(f) Great Blue Heron and Monarch Butterfly Impact Avoidance and Minimization. Prior to Grading Permits In compliance; subject to field verification 28 BIO-1(g) Nesting Birds Impact Avoidance and Minimization. Prior to Grading Permits In compliance; subject to field verification 29 BIO-1(h) Roosting Bats Impact Avoidance and Minimization. Prior to Grading Permits In compliance; subject to field verification 30 BIO-2(b) Tree Replacement. Prior to Grading Permits In compliance; annual reporting for 3 years 31 CR-2(a) Retain a Qualified Principal Investigator. Prior to Grading Permits in compliance 32 CR-2(b) Unanticipated Discovery of Archaeological Resources. Prior to Grading Permits In compliance; ongoing with each project 33 HAZ-4 Soil Sampling and Remediation Prior to Grading Permits In compliance; ongoing with each project 34 HAZ-6 Naturally Occurring Asbestos Exposure Avoidance and Minimization Prior to Grading Permits In compliance; ongoing with each project 35 HWQ-4 Conditional Letter of Map Revision/Letter of Map Revision. CLOMR before Grading Permits In compliance 36 N-1(a) Construction Vehicle Travel Route. Prior to Grading permits In compliance; ongoing with each project 37 N-1(b) Construction Activity Timing. ongoing; indicate on Grading Permits In compliance; ongoing with each project 38 N-1(c) Construction Equipment Best Management Practices (BMPs). ongoing; indicate on Grading Permits In compliance; ongoing with each project 39 N-1(d) Neighbor Property Owner Notification and Construction Noise Complaints 10 days prior to grading; include in permit In compliance; subject to field verification 40 AG-3(b) Agricultural Fencing. Prior to Building Permits TBD 41 AQ-2(d) Architectural Coating. Prior to Building Permits In compliance; ongoing with each project 42 CR-1(c) Informational Display of Historic Resources. Ag Center Building Permit TBD 43 N-5(a) Interior Noise Reduction. Building permits (NG-10, -23, and -30) In compliance; subject to field verification 44 T-1(b); T-8(a); T-9(c) Intersection 3: Madonna Road & Dalidio Drive/Prado Road Intersection (construct various) Building permits or occupancy TBD 45 T-1(c) Intersection 5: Madonna & U.S. 101 Southbound Off Ramp (dedicate ROW; pay fair share cost; TDMP) Building permits or occupancy TBD 46 T-1(e); T-8(b) Intersection 9: LOVR and Froom Ranch Way (construct various) with Froom Ranch Way bridge TBD 47 T-1(f); T-8(c) Intersection 10: LOVR and Auto Park Way (dedicate ROW; pay fair share cost; TDMP) Building permits or occupancy TBD 48 T-1(g); T-8(g); T-9(l) Intersection 16: S. Higuera and Tank Farm Road (extend RT pocket to 230'; ROW; pay fair share; TDMP) Building permits or occupancy TBD

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49 T-1(h) Intersection 21: Prado/Dalidio and Froom Ranch Way (construct roundabout) Building/occupancy (with connection) TBD 50 T-1(i) Intersection 25: Prado/Dalidio and SC Project Driveway (construct roundabout) Building/occupancy (with connection) TBD 51 T-2(a) Intersection 1: Madonna and LOVR (dedicate ROW; pay fair share cost; TDMP) Building permits or occupancy TBD 52 T-2(b); T-9(b) Intersection 2: Madonna and Oceanaire (dedicate ROW; pay fair share cost; TDMP) Building permits or occupancy TBD 53 T-2(c) Intersection 5: Madonna & U.S. 101 Southbound Off Ramp (extend LT to 150') Building permits or occupancy TBD 54 T-2(d) Intersection 6: Madonna & U.S. 101 Northbound Off Ramp (dedicate ROW; pay fair share cost; TDMP) Building permits or occupancy TBD 55 T-2(e) Intersection 7: Madonna and Higuera (dedicate ROW; pay fair share cost; TDMP) Building permits or occupancy TBD 56 T-2(f); T-9(h) Intersection 9: LOVR and Froom Ranch Way (construct various) with Froom Ranch Way bridge TBD 57 T-2(g) Intersection 12: LOVR & U.S. 101 Southbound Off Ramp (extend LT to 320') Building permits or occupancy TBD 58 T-2(h) Intersection 13: LOVR & U.S. 101 Northbound Off Ramp (dedicate ROW; pay fair share cost; TDMP) Building permits or occupancy TBD 59 T-2(i) Intersection 14: LOVR & Higuera (extend EB RT lane to 180') Building permits or occupancy TBD 60 T-2(j); T-9(m) Intersection 18: Prado & Higuera (install 2nd NB LT lane; extend WB RT pocket to 400') Building permits or occupancy TBD 61 T-3(a) Segments 1-6: Madonna Road--LOVR to Higuera (construct bikeway; Prado ROW; pay fair share cost; TDMP) Building permits or occupancy TBD 62 T-3(b) Segments 7-8: Higuera--Madonna to Prado (Prado ROW; pay fair share cost; TDMP) Building permits or occupancy TBD 63 T-3(c) Segments 13-17: LOVR--Madonna to Higuera (construct bikeway; Prado ROW; pay fair share cost; TDMP) Building permits or occupancy TBD 64 T-3(d) Segments 18-20: Dalidio/Prado--Froom to Higuera (construct Class I bikepaths) Building permits or occupancy TBD 65 T-5 Froom Ranch Way Bridge Construction Building or occupancy permits TBD 66 T-9(d) Intersecton 4: Madonna and El Mercado (see MM T-1(b)) Building permits or occupancy TBD 67 T-11(a) NB US 101 Prado Off Ramp (pay fair share, dedicate ROW for overpass and NB ramps; TDMP) Building permits or occupancy TBD 68 T-11(b) NB US 101 North of Prado (pay fair share, dedicate ROW for overpass and NB ramps; TDMP) Building permits or occupancy TBD 69 T-11(c) NB US 101 North of Madonna (pay fair share, dedicate ROW for overpass and NB ramps; TDMP) Building permits or occupancy TBD 70 HWQ-4 Conditional Letter of Map Revision/Letter of Map Revision. LOMR before occupancy of first unit TBD 71 CR-1(a) Historical Structure Relocation and Reconstruction Plan. Prior to grading NG-30 site Completed; in compliance 72 CR-1(b) Archival Documentation of Historic Buildings. Prior to grading NG-30 site Completed; in compliance 73 N-5(b) Residential Outdoor Activity Area Noise Attenuation. Building permits (NG-30 and NC) In compliance; subject to field verification 74 N-5(d) U.S. Highway 101 Noise Barrier at Hotel. Grading permits (hotel) In compliance; subject to field verification 75 GEO-2 Operational Seismic Safety Requirement. Prior to Building Permits (NC) TBD 75 N-4(a) HVAC Equipment. Building permits (NC) TBD
76 N-4(b) Parking Lot/Loading Dock Orientation and Noise Barrier. Building permits (NC) TBD 77 AQ-1 Encourage Telecommuting. Prior to Occupany (NC) TBD 78 T-1(a) Intersection 1: Madonna and LOVR (optimize signal timing) ongoing by City TBD 79 T-1(d) Intersection 8: Higuera and South Street (signal timing) ongoing by City TBD 80 T-4 Construction Traffic Management Plan Construction activities TBD 81 T-5 Froom Ranch Way Bridge Construction Building permits or occupancy TBD 82 T-6 Project Site Intersection Roundabout Control As determined by City staff TBD 83 T-7 Traffic Calming and/or Reconfiguration of New Neighborhood Streets As determined by City staff TBD 84 T-8(d) Intersection 12: LOVR & U.S. 101 Southbound Off Ramp (construct Prado Road overpass) Timing determined by Caltrans and City TBD 85 T-8(e) Intersection 13: LOVR & U.S. 101 Northbound Off Ramp (construct Prado Road overpass) Timing determined by Caltrans and City TBD 86 T-8(f) Intersection 14: LOVR & S. Higuera (construct Prado Road overpass) Timing determined by Caltrans and City TBD 87 T-9(a) Intersection 1: Madonna and LOVR (extend NB RT on LOVR to 295'; SB LT on Madonna to 395') Timing determined by Caltrans and City TBD 88 T-9(b) Intersection 2: Madonna and Oceanaire (extend WB RT on Madonna to 200') Timing determined by Caltrans and City TBD 89 T-9(e) Intersection 5: Madonna & U.S. 101 Southbound Off Ramp (construct Prado Road overpass) Timing determined by Caltrans and City TBD 90 T-9(f) Intersection 6: Madonna & U.S. 101 Northbound Off Ramp (construct Prado Road overpass) Timing determined by Caltrans and City TBD 91 T-9(g) Intersection 8: Higuera and South Street (extend NB Higuera LT to 120') Timing determined by Caltrans and City TBD 92 T-9(i) Intersection 11: LOVR and Calle Joaquin (construct Prado Road overpass w/ NB and SB ramps) Timing determined by Caltrans and City TBD 93 T-9(j) Intersection 12: LOVR & U.S. 101 Southbound Off Ramp (construct Prado overpass w/ NB and SB ramps) Timing determined by Caltrans and City TBD 94 T-9(k) Intersection 14: LOVR & S. Higuera (construct Prado Road overpass w/ NB and SB ramps) Timing determined by Caltrans and City TBD 95 T-10(a) Segments 1-6: Madonna Road--LOVR to Higuera (construct Prado Road overpass w/ NB and SB ramps) Timing determined by Caltrans and City TBD 96 T-10(b) Segments 15-16: LOVR--Calle Joaquin to US 101 NB ramps (construct Prado overpass w/ NB and SB ramps) Timing determined by Caltrans and City TBD 97 T-10(c) Segment 24: Pardo/Dalidio--project driveway to Froom (construct Prado overpass w/ NB and SB ramps) Timing determined by Caltrans and City TBD 98 T-11(a) NB US 101 Prado Off Ramp (pay fair share, dedicate ROW for overpass and NB ramps; TDMP) Building permits or occupancy TBD 99 T-11(b) NB US 101 North of Prado (pay fair share, dedicate ROW for overpass and NB ramps; TDMP) Building permits or occupancy TBD 100 T-11(c) NB US 101 North of Madonna (pay fair share, dedicate ROW for overpass and NB ramps; TDMP) Building permits or occupancy TBD

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San Luis Ranch
Summary of Compliance with Development Agreement
February 2022
Development Agreement
Item DA ID Summary Description Responsibility Timing Compliance Status 1 1.03.a.1 Agreement terminates on 20th anniversary of annexation date All Parties ongoing ongoing; in compliance 2 1.03.a.2 Agreement terminates on 15th anniversary of annexation if backbone infrastructure not in place All Parties ongoing ongoing; in compliance 3 1.03.a.3 Agreement terminates once development and conditions are satisfied All Parties ongoing ongoing; in compliance 4 1.03.a.4 Agreement terminates if annexation doesn't occur within 5 years of DA "Vesting Date" All Parties ongoing ongoing; in compliance 5 1.04 Agreement must be executed 5 days after Ordinance adoption; to County Recorder within 10 days All Parties ongoing in compliance 6 5.02.1 Form Community Facilities District (CFD) City City Council adopts CFD Ordinance 4-16-19 in compliance; levy under CFD TBD 7 5.04.3 Reimbursement for developer improvements beyond fair share cost City according to law TBD once costs are known 8 5.04.4 Post $300,000 bond to ensure compliance with Section 5.04.4 Developer before 1st anniv of "Effective Date" in compliance 9 5.04.5 Prepay $1.5 million for Prado Interchange; early payment toward full mitigation fee; see notes Developer based on timing of Final Map approval in compliance 10 7.08 City to use Fee for grant program to replace existing sewer laterals equivalent to 66,000 gpd City ongoing ongoing; in compliance 11 11.01; 02 Annual evaluation of the MMRP to ensure compliance City ongoing; annually ongoing; in compliance 12 11.04 Annual evaluation of the DA to ensure compliance City ongoing; annually ongoing; in compliance 13 11.05 CDD to issue "Finding of Development Agreement Compliance" based on review City ongoing; annually ongoing; in compliance 14 12.03 Any DA provision out of compliance must be cured within 60 days both parties ongoing ongoing; in compliance 15 6.02.3 Land dedications for ROW or infrastructure Developer prior to infrastructure need or map approval ongoing; in compliance 16 7.03 Dedicate 2.8 acres of onsite parkland and build park Developer prior to final map ongoing; park not yet built 17 7.09 Make Recycled Water facility improvements per Figure 7.2 of SLR SP Developer prior to Final Map or building permits ongoing; in compliance 18 7.10 Make storm drainage improvements per Figure 7.4 of SLR SP Developer prior to Final Map or building permits ongoing; in compliance 19 7.11 Make floodplain improvements Developer prior to Final Map or building permits ongoing; in compliance 20 7.13.01 CC&Rs disclosure statement required City prior to Final Map or building permits TBD 21 7.13.07 City to allow building permits and occupancy for up to 24 model homes prior to Final Map City prior to final map ongoing; in compliance 22 7.08 Pay $300,000 Capacity Offset Fee for sewer improvements Developer prior to recording Final Map In compliance 23 7.03 Dedicate offsite parkland or pay up to $3,175,026 as equivalent Developer prior to recording Final Map In compliance 24 7.04 Secure Ag Easement on 30 acres at APN 067-181-010 Developer prior to grading permits In compliance 25 7.06 Implement energy saving measures in development Developer prior to building permits ongoing; in compliance 26 7.07 Implement water saving measures in development Developer prior to building permits ongoing; in compliance 27 7.13.04 Complete Design Review for all major surface public facilities City prior to construction ongoing 28 5.03.2.b Pay all Development Impact Fees (DIF) to City per April 2018 DIF update Developer prior to occupancy TBD 29 5.04.4 Pay Early Residential Development Fee ($262/unit) Developer prior to occupancy TBD 30 5.04.6 Pay remaining Prado Road Mitigation Fee Developer prior to occupany generating 233 PM PHT TBD 31 7.12 Make traffic and circulation improvements Developer prior to occupancy TBD 32 7.05 Provide Affordable Housing or in lieu payment for commerical per Exhibit F of the DA Developer prior to final map for NC Mixed use project approved 11-17-20

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Item 5e
Department: Community Development
Cost Center: 4003
For Agenda of: 3/1/2022
Placement: Consent
Estimated Time: N/A
FROM: Michael Codron, Community Development Director
Prepared By: Esteban Cano-Gutierrez, Financial Analyst & John Rickenbach, Contract Planner
SUBJECT: ANNUAL MONITORING OF THE AVILA RANCH DEVELOPMENT

AGREEMENT AND COMMUNITY FACILITIES DISTRICT

RECOMMENDATION
Receive and file the annual monitoring report for the Avila Ranch Development Agreement and Community Facilities District.

DISCUSSION
Background
On September 19, 2017, the City Council approved the Development Agreement (DA) between the City and Avila Ranch, LLC. On October 24, 2017, the City Council approved the Avila Ranch Community Facilities District (CFD) Resolution of Formation. Both the DA and CFD require annual monitoring and reporting of activities. Some activity on the project, including public improvements, began in 2021, which is described below. This report provides an update on how this activity has affected revenues and expenditures related to the DA and CFD.

Development Agreement
Implementation of the Avila Ranch project requires substantial new infrastructure to support the development, most of which is the responsibility of the developer. The approved DA for the project describes the developer's responsibilities in that regard.

Section 5.05.4 of the DA also requires that a financing mechanism be established to ensure that there is no shortfall to the City's General Fund as public improvements are made and need to be maintained by the City in the future. Section 5.05.4(c) of the DA establishes that the effect on the City's General Fund be monitored annually relative to possible City expenditures needed to make up any shortfalls in the construction of various public improvements that are the responsibility of the developer. Section 5.04.2(i) of the DA establishes that Avila Ranch will pay the City reasonable staff and consultant time associated with monitoring and compliance of the Mitigation Monitoring and Reporting Program, the DA, the financing mechanism (i.e., the CFD) and all other administrative tasks associated with the adoption and implementation of the DA and the project. This provision provides the City with an ongoing funding source that will be used to ensure the project is developed, operated, and maintained consistent with all applicable requirements. Attachment A summarizes the project’s compliance with the Development Agreement.

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Item 5e
Community Facilities District
A Mello-Roos CFD was established and approved on October 24, 2017 (“Avila Ranch Community Facilities District No. 2017-1”). The CFD is the mechanism that facilitates the collection of revenue as development occurs, and that revenue is used to maintain the various public improvements once signed over to the City. Section 10(ii) of the CFD resolution also has an annual reporting requirement, similar to the one included in the DA. The City anticipates that the first levy on the property tax roll will be made in fiscal year 2022-23 based on building permit issuance. Attachment B shows the project phasing and portion of the project covered by the CFD.

Annual Revenues and Expenditures
For the period October 24, 2020, through October 23, 2021, no revenue was collected through the CFD although development of public infrastructure has begun. However, no infrastructure has been taken over by the City and no maintenance has occurred.

In the initial phases of the development, the tax levy will be based on building permits issued by mid-June to allow for the remittance to the County Tax Assessor in time for the following year’s property tax roll. It is anticipated that the CFD will begin the levy with fiscal year
Project Development and Public Improvements
Some building permit applications have come forward since the approval of the documentation described above. The following summarizes the status of these, as well as related public improvements:

A. Phase 1 Public Improvements. The public improvement plans for Phase 1 and several off-site improvement plans have been approved in accordance with the tentative map, conditions of approval, and mitigation measures. These improvements also included the extension of Buckley Road from the Vachell Lane intersection to South Higuera. The Buckley extension occurs within the County of San Luis Obispo and was approved and permitted by the County with review and input from the City of San Luis Obispo. Although not required as a condition of Phase 1, the developer has commenced with and has made significant progress on this scope of work.

The several off-site improvements have either been completed, substantially completed, or are under construction. The on-site Phase 1 improvements including grading, street construction, utilities, drainage and water quality treatment areas, bikeways, and a drainage basin have been substantially completed or are nearing completion. The improvements have advanced to a point to allow for the issuance of model home permits.

B. Phase 1 Building Permits. Several building permit applications have been received for model homes and production units are under review or permits are pending. The first release of building permits for model home construction should be permitted by the second week of February 2022.

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Item 5e
C. Phase 2 Public Improvements. The developer has chosen to submit improvement plans for the remaining phases 2 – 6. The early/rough grading submittal was received at the end of 2021 and the first review has been completed and comments were recently returned to the applicant. The engineer of record has completed their technical work for the required Conditional Letter of Map Revision (CLOMR) to revise the existing flood zone mapping. They have scheduled an appointment with City staff to review the submittal documents before the official submittal to FEMA. The application materials require acknowledgement from the City of San Luis Obispo.

Policy Context
The Avila Ranch property was originally annexed as vacant commercial land. Therefore, the City's tax sharing agreement with the County does not provide for property tax increment to be collected on behalf of the City. As a result of this circumstance, the CFD was established to provide the City with sufficient revenues to maintain public facilities within the development area. As a housing project, the past approvals have been previously determined to be consistent with Major City Goals and General Plan policies that call for the City to produce more housing.

Public Engagement
The annual monitoring of the Avila Ranch Development Agreement and CFD have a “notify” level of public engagement, which has been accomplished through the agenda and associated staff report.

CONCURRENCE
The Finance Department concurs with Avila Ranch Development Agreement and CFD report.

ENVIRONMENTAL REVIEW
Annual monitoring of the Avila Ranch DA and CFD are categorically exempt from California Environmental Quality Act (CEQA) according to CEQA Guidelines Section 15306 (Information Collection) and that the action otherwise qualifies for a “common sense” exemption according to Section 15061(b)(3), which covers activities "where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment." Annual monitoring does not change any aspect of the approved Avila Ranch project, nor does it introduce the potential for any new environmental impacts. Under Section 15306, the Secretary for the California Natural Resources Agency has concluded that “basic data collection, research, and resource evaluation activities which do not result in a serious or major disturbance to an environmental resource” are exempt from CEQA. Therefore, the proposed action is categorically exempt from further analysis under CEQA.

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Item 5e

FISCAL IMPACT
Budgeted: No Budget Year: 2021-22
Funding Identified: N/A
Fiscal Analysis:

Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $ $ $ $
State
Federal
Fees
Other:

Total $0 $0 $0 $0
No property tax levy was assessed for the 2021-22 property tax year and no CFD revenue was collected. It is anticipated that the first levy will occur with the 2022-23 property tax roll to begin building the funds necessary to maintain the public infrastructure once the City has assumed responsibility from the developer.

ALTERNATIVES

1. Council could decide to provide direction to staff regarding the annual monitoring report for the Avila Ranch DA and CFD and continue the item to a future meeting.

2. Council could decide to reject the annual monitoring report for the Avila Ranch DA and CFD. This is not recommended since annual monitoring is a requirement of the DA and CFD.

ATTACHMENTS
A - Avila Ranch Development Agreement Compliance
B - CFD Summary Map

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Avila Ranch
Compliance with Development Agreement
February 2022
Development Agreement
Item DA ID Summary Description Responsibility Timing and Compliance Status 1 1.03.a.1 Agreement terminates on 20th anniversary of effective date (9-19-37) All Parties ongoing 2 1.03.a.2 Agreement terminates on 7th anniv of effective date if Ph 1-2 backbone infrastructure not in place All Parties ongoing 3 1.03.a.3 Agreement terminates once development and conditions are satisfied All Parties ongoing 4 1.04 Agreement must be executed 5 days after Ordinance adoption; to County Recorder within 10 days All Parties ongoing 5 5.03 Form Community Facilities District (CFD) or other financing mechanisms City ongoing; done 6 5.04.2.f Payment of fees: processing of subsequent permits and planning applications Developer as applications are made 7 5.04.2.g Reimbursement for developer improvements beyond fair share cost City according to law 8 5.04.2.i Payment of fees: staff and consulting time to process permit applications and MMRP Developer as applications are made 9 5.04.2.j Payment of fees: CDFW fees Developer before finaling NOD on any CEQA document 10 5.05.4.c City to annually monitor whether there is a General Fund shortfall from fees collected City annually 11 6.02.2 City may require oversizing of backbone infrastucture, under certain conditions City as needed 12 6.04.1 Applicant to make all reasonable efforts to purchase off-site improvement properties Developer as needed 13 7.02.1.b Developer to complete first two phases and infrastructure within 7 years of effective date Developer ongoing 14 7.02.1.c Developer to conform with phasing shown in Table Developer ongoing 15 7.03 Developer to dedicate 18.25 acres of parkland to satisfaction of PRC Developer coordinate with PRC 16 7.04 Developer to dedicate at least 50 acres of ag/open space onsite and preserve 50 acres offsite Developer applicant coordinating with City staff 17 7.05 Provide affordable and workforce housing per Exhibit G Developer applicant coordinating with City staff 18 7.07 Developer to provide accelerated compliance with energy standards Developer applicant coordinating with City staff 19 7.08.a Developer to provide accelerated compliance with Climate Action Plan Developer applicant coordinating with City staff 20 7.08.c Install water infrastructure for offsite annexations near Broad and Buckley per Exhibit H Developer applicant coordinating with City staff 21 7.08.d Developer to dedicate 20x40 land for future water well site to City on Lots 594, 406, or 398 Developer applicant coordinating with City staff 22 7.11 Construct all needed traffic improvements shown on Exhibit C; plus fair share portions of others Developer applicant coordinating with City staff 23 7.12 construct and/or fund bike improvements per Exhibit J Developer applicant coordinating with City staff 24 7.13.6 Developer to provide all cable for internet connections Developer as utilities are constructed 25 10.01 Annual evaluation of the MMRP and DA to ensure compliance City ongoing; annually 26 11.01 Annual evaluation of the MMRP to ensure compliance City ongoing; annually 27 11.02 Annual evaluation of the DA to ensure compliance City ongoing; annually 28 11.02.02 CDD to issue "Finding of Development Agreement Compliance" based on review City ongoing; annually 29 12.01 Any DA provision out of compliance must be cured within 60 days both parties ongoing 30 7.09 Build all necessary storm drain facilities Developer prior to subdivision map approval* 31 5.04.2.b Payment of fees: Citywide, AASP, LOVR Interchange, development fees (except sewer/water) Developer prior to each Final Map recordation 32 5.04.2.c Payment of fees: Sewer and Water; plus adjustment for CPI until issuance of building permits Developer prior to each Final Map recordation 33 7.13.1 Include airport hazard related language in CC&Rs Developer with CC&Rs for each subdivision 34 7.10 Build interim fire station on Lot 302 at buildout of 361st unit Develoepr prior to construction of 361st unit

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City of San Luis Obispo, Council Memorandum
City of San Luis Obispo
Council Agenda Correspondence
DATE: March 1, 2022
TO: Mayor and Council
FROM: Michael Codron, Community Development Director
VIA: Derek Johnson, City Manager DJ
SUBJECT: Item 5e - ANNUAL MONITORING OF THE AVILA RANCH

DEVELOPMENT AGREEMENT AND COMMUNITY FACILITIES

DISTRICT
Subsequent to the release of the packet it was noticed that there was an omission in the Council Agenda Report. On page 86 of the agenda packet, the second paragraph of “Annual Revenues and Expenditures” should read:

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Item 5f
Department: Public Works
Cost Center: 5201 (Transit)
For Agenda of: 3/1/2022
Placement: Consent
Estimated Time: N/A
FROM: Matt Horn, Public Works Director
Prepared By: Austin O’Dell, Transit Manager
SUBJECT: AUTHORIZATION TO SUBMIT 2020-21 LOW CARBON TRANSIT

OPERATIONS PROGRAM (LCTOP) GRANT APPLICATIONS, ELECTRIC

VEHICLE (EV) INFRASTRUCTURE

RECOMMENDATION
Adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, authorizing the City Manager or their Designee, to file, execute and fulfill any related Low Carbon Transportation Operations Program Grant Applications, Certifications, Assurances, Forms, Agreements, and Associated Documents on behalf of the City.”

DISCUSSION
Background Information on California’s LCTOP
The LCTOP is one of several programs that are part of the Transit, Affordable Housing, and Sustainable Communities Program established by the California Legislature in 2014 by Senate Bill 862. The California Legislature created LCTOP to provide operating and capital assistance for transit agencies to reduce greenhouse gas emissions and improve mobility, with a priority on serving disadvantaged communities. Approved projects in LCTOP support new or expanded bus or rail services, expand intermodal transit facilities, and may include equipment acquisition, fueling, maintenance, and other costs to operate those services or facilities, with each project reducing greenhouse gas emissions (GHG). Since 2015-16, Senate Bill 862 continuously appropriates five percent of the annual auction proceeds in the Greenhouse Gas Reduction Fund (Fund) for LCTOP.

The LCTOP is administered by California Department of Transportation (Caltrans) in coordination with the California Air Resource Board (ARB) and the State Controller’s Office (SCO). Caltrans is responsible for ensuring that the statutory requirements of the LCTOP are met in terms of project eligibility, greenhouse reduction, disadvantaged community benefit, and other requirements of the law.

Per Public Resource Code § 75230(f)(1)(3) funds shall be expended to provide transit operating or capital assistance that meets any of the following three criteria:

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Item 5f

1. New and Expanded. Expenditures that directly enhance or expand transit service by supporting new or expanded bus or rail services, new or expanded water-borne transit, or expanded intermodal facilities, and may include equipment acquisition, fueling, and maintenance, and other costs to operate those services or facilities.

2. Increased Modality. Operational expenditures that increase transit mode share.

3. Zero-Emissions. Expenditures related to the purchase of zero-emission buses, including electric buses, and the installation of the necessary equipment and infrastructure to operate and support zero-emission buses.

Relevancy of LCTOP to the City
The City of San Luis Obispo may seek a portion of
LCTOP funds annually. Each transit operator is
entitled to funds based on a statewide formula. The
City’s currently identified allocation is $5,899; this
amount may change slightly based upon revised
State numbers.

Regionally, a discretionary amount of $285,233
available to all local transit agencies to apply for is also projected. These specific and regional LCTOP
funds require an annual grant application. This grant
application requires City Council approval. SLOCOG determines the grant awards based on one of following criteria:
 Expenditures that directly enhance or expand transit service by supporting new or expanded bus or rail services, new or expanded water-borne transit, or expanded intermodal facilities, and may include equipment acquisition, fueling, and maintenance, and other costs to operate those services or facilities.  Operational expenditures that increase transit mode share.  Expenditures related to the purchase of zero-emission buses, including electric buses, and the installation of the necessary equipment and infrastructure to operate and support zero-emission buses.

City LCTOP Grant Application for Supporting EV Infrastructure Staff is recommending that this year’s 2021-22 LCTOP grant application be made toward supporting the infrastructure costs related to the purchase and installation of electric bus charging units.

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Item 5f
The State of California’s Air Resource Board has manded that transit agencies convert to zero emission vehicles by 2040. The City of San Luis Obispo’s Climate Action Plan also has the ambitious goal for City services to be carbon neutral by 2030. In support of this, City Council has previously approved the purchase of two (2) electric transit vehicles on July 7, 2020, to replace two aged diesel transit buses. These electric transit vehicles are expected to be delivered in early 2022.

These two new vehicles will therefore need to be supported with appropriate EV infrastructure and charging units. The design for this EV infrastructure and charging units is in progress. Funding to support the construction phase of this work will come from both an Air Pollution Control District and PG&E grants. Supplemental funding from LCTOP meets the intended purpose of the funds by supporting reduction in GHG emission.

Policy Context
Financial Management Manual Policy 740 requires that the City Council approve grant applications equal to or greater than $5,000. The application will request $291,132 combined with the City allocated and discretionary LCTOP funds.

Further, this project is consistent with the City’s adopted 2019 Major City Goals Financial Plan, Climate Action Plan, 2017-22 Short Range Transit Plan, the regions SLO Regional Zero Emission Bus Plan and the state’s Innovative Clean Transit Rule.

CONCURRENCE
This proposed project has been reviewed by the San Luis Obispo Council of Governments (SLOCOG) before submission to the City Council. SLOCOG board, Transportation Technical Advisory Committee, and Social Services Technical Advisory Committee are recommending funding for the City’s project.

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.

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Item 5f

FISCAL IMPACT
Budgeted: Yes – Grant Funding Budget Year: 2021-22
Funding Identified: Yes
Fiscal Analysis:

Funding Sources
Total
Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
Transit Fund $ $
State – LCTOP
Discretionary
$285,233
State – LCTOP Direct $5,899
Other: APCD
Other: PG&E
Total $291,132 $ $
There is no impact on the City’s General Fund as a result of applying or receiving these grant funds. Rather, securement of these funds will assist and supplement the Transit Enterprise fund in achieving its capital project goals.

ALTERNATIVES
Deny authorization request for the grant application. This is not recommended as this will leave the transit program without another funding source to pursue this vital project.

ATTACHMENTS
A - Draft Resolution authorizing submission of LCTOP grant applications

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R ______
RESOLUTION NO. _____ (2022 SERIES)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS

OBISPO, CALIFORNIA, AUTHORIZING THE CITY MANAGER OR THEIR

DESIGNEE, TO FILE, EXECUTE AND FULFILL ANY RELATED LOW

CARBON TRANSPORTATION OPERATIONS PROGRAM GRANT

APPLICATIONS, CERTIFICATIONS, ASSURANCES, FORMS,

AGREEMENTS, AND ASSOCIATED DOCUMENTS ON BEHALF OF THE
CITY
WHEREAS, City of San Luis Obispo (City) operates the San Luis Obispo (SLO) Transit system; and
WHEREAS, the City and SLO Transit are eligible applicants for the States Low Carbon Transportation Operations Program (LCTOP) grant annually, throughout the life of the program; and
WHEREAS, the City has determined to use the City apportionment and pursue discretionary amounts to fund SLO Transit capital projects; and WHEREAS, the City is requesting 100% of its annually allocated amount and additional annually awarded discretionary amounts; and
WHEREAS, the filing and receipt of such LCTOP grant will impose certain reporting obligations upon the City; and
WHEREAS, California Department of Transportation (Caltrans) in coordination with the Air Resource Board (ARB) and the State Controller’s (SCO) office have been authorized to administer the LCTOP program as defined in Senate Bill 862.

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Resolution No. _____ (2022 Series) Page 2
R ______
NOW, THEREFORE, BE IT RESOLVED that the City if San Luis Obispo City Council does hereby authorize the City Manager or their Designee, to file, execute and fulfill any related Low Carbon Transportation Operations Program grant applications, certifications, assurances, forms, agreements, and associated documents on behalf of the City.

Upon motion of _______________________, seconded by
_______________________, and on the following roll call vote:

AYES:

NOES:

ABSENT:

The foregoing resolution was adopted this _____ day of _____________________ 2022. ________________________________
Mayor Erica A. Stewart
ATTEST:
________________________
Teresa Purington
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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Item 5g
Department: Public Works
Cost Center: 5009
For Agenda of: 3/1/2022
Placement: Consent
Estimated Time: N/A
FROM: Matt Horn, Public Works Director
Prepared By: Wyatt Banker-Hix, Engineer III
SUBJECT: REQUEST FOR PROPOSALS FOR THE DESIGN OF THE

WASTEWATER MAINTENANCE SHOP

RECOMMENDATION

1. Authorize the issuance of a Request for Proposal (RFP) for the design of the Wastewater Maintenance Shop and,

2. Authorize the City Manager to execute an agreement with the selected consultant; and,

3. Authorize the Finance Director to execute and amend the Purchase Order for the selected consultant within the available project budget.

DISCUSSION
Background
The Water Resource Recovery Facility (WRRF) upgrade is under construction, with an anticipated completion date of 2023. WRRF Maintenance staff are housed on site and maintain the equipment and processes necessary for operation of the plant. The WRRF upgrade project requires significant advancements in technology and more complex systems, requiring additional workshop and storage space. Due to the upgrade, WRRF Maintenance staff have lost the use of their welding and storage building, using shipping containers instead. A new facility is required to house WRRF Maintenance staff, including office, meeting, and workshop space.

Furthermore, the Prado Road Interchange envisions a new overcrossing and elevated ramps at Hwy 101 and Prado Road. These elevated ramps are anticipated to encroach into the City Corporation Yard and require the removal of the Wastewater Collections building. Wastewater Collections (WWC) is charged with the maintenance of the City’s sewer system, and this work group requires office space, meeting rooms, a workshop for repair of equipment, and a staging area for response vehicles and heavy equipment. With the Prado Road Interchange projected construction beginning in late 2025, the WWC staff needs a new facility.

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Item 5g
Staff recognized these needs with the 2021-23 Financial Plan and a capital project for the design of a new building, the Wastewater Maintenance Shop, to house both the WRRF Maintenance and WWC staff, has been budgeted for This facility will address the mission critical office, meeting, workshop, storage, and vehicle staging space needed for both crews to effectively perform their duties.

See Vicinity Map (Attachment B) for the locations of the existing facilities and proposed location of the new Wastewater Maintenance Shop.

With this design oriented capital project, staff is seeking a consultant to deliver a plan set ready to advertise for construction.

Previous Council or Advisory Body Action
The Wastewater Maintenance Shop CIP, project number 1000550 (WRRF and Wastewater Collection Shop), has been approved by Council1, as part of the 2021-23 Financial Plan (page 502).

Policy Context
City Purchasing Policy for consulting services requires the formal advertisement of this work when the services exceed $100,000. Due to the specialized nature of designing this building staff believes this RFP needs to be formally advertised.

The City’s National Pollutant Discharge Elimination System (NPDES) permit requires that the City’s WRRF meet stringent effluent and biosolids quality requirements. Similarly, as required by the State, the City’s Sanitary Sewer Management Plan (SSMP), which describes program requirements for wastewater collection system maintenance, emphasizes the necessity of adequate facilities to support preventative and corrective maintenance. The construction of the Wastewater Maintenance Shop will assist staff with proper implementation of both the NPDES and SSMP.

Public Engagement
The RFP will be publicly advertised, but engagement with the general public will not occur until the project undergoes advisory body review. The project is anticipated to require Architectural Review Committee and Planning Commission review.

CONCURRENCE
Utilities and Public Works departments are partnered in the project delivery and concur with the recommendations of this staff report.

1 July 16, 2019 City Council Minutes

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Item 5g

ENVIRONMENTAL REVIEW
The original WRC was included in the WRRF Environmental Documents. The proposed Wastewater Maintenance Shop will fall under the existing Environmental Impact Report (EIR), and a supplement will be required. The RFP itself does not constitute a project under CEQA Guidelines Section 15378.

FISCAL IMPACT
Budgeted: Yes Budget Year: 2021 – 2022
Funding Identified: Yes
Fiscal Analysis:

Utilities staff identified the need for the Wastewater Maintenance Shop and included design funds as part of the 2021-23 Financial Plan. The design process is anticipated to occur over two fiscal years, funds have been allocated to allow the consultant to size the building for staff’s anticipated needs in Fiscal Year 2021-22. In Fiscal Year 2022-23 a separate agreement will be executed, for preparation of plans, specifications, and cost estimates. The RFP also includes construction administration services to assist during construction. Those services will be executed in a separate contract.

Staff anticipates collaborating with the selected consultant to estimate the construction costs of the Wastewater Maintenance Shop in order to make recommendations for construction funding within the 2023-25 Financial Plan.

Funding
Sources
Project
Phase Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
Sewer Fund
FY 21/22
Initial
Design
$150,000 $150,000 $0 $0
Other:

Total $150,000 $150,000 $0 $0

ALTERNATIVES
Deny Authorization to Issue RFP and Execute Agreement – Staff does not recommend this option, as it would delay execution of this project.

ATTACHMENTS
A - RFP – Wastewater Maintenance Shop
B - Wastewater Maintenance Shop Vicinity Map

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Notice Requesting Proposals for Architectural Design Services Specification No. 1000550
The City of San Luis Obispo is requesting sealed proposals from interested consultants to provide for Architectural Design Services required for City projects pursuant to Specification No. 1000550. The City proposes to select one qualified consultants to perform these services for the duration of the project.

Description of Services:

In general, the successful applicant will provide schematic and design development services for a new building to be constructed on City property. Selected Consultants will prepare high quality construction plans and specifications in accordance with City requirements and standards. Consultants with similar project experience are encouraged to submit proposals.

Qualification Submittal Deadline:

Sealed qualification submittals shall be mailed to the following address:

City of San Luis Obispo
Public Works Administration
Attn: Wyatt Banker-Hix
919 Palm Street
San Luis Obispo, CA 93401
Qualification submittals delivered in person will not be accepted. All mailed bids must be delivered and in possession of the project manager by 5:00 P.M. on April 21, 2022.

Submittals received after said time will not be considered. To guard against premature opening, each proposal shall be submitted to the Public Works Department in a sealed envelope plainly marked with the following:
 RFP title
 Specification number
 Consultant name
 Time and date of the proposal opening
Proposals shall be submitted using the forms provided in the specification package.

Obtaining a Specification Package
 Download from the City’s Web site www.slocity.org - Doing Business / Bids & Proposals page.

A list of companies that have requested a copy of the proposal is maintained on the web page.

Questions
Contact Wyatt Banker-Hix at (805) 783-7859 or [email protected] with any questions regarding this Request for Qualifications.

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Specification No. 1000550

TABLE OF CONTENTS
DESCRIPTION OF WORK ...........................................................................................................................................3 PROPOSAL CONTENT AND SELECTION PROCESS...............................................................................................8 PROPOSAL CONTENT ...........................................................................................................................................8 PROPOSAL EVALUATION AND CONSULTANT SELECTION ..............................................................................8 FORM OF AGREEMENT............................................................................................................................................10 PROPOSAL SUBMITTAL FORMS.............................................................................................................................18 ACKNOWLEDGEMENT .........................................................................................................................................18 INSURANCE CERTIFICATE..................................................................................................................................18 STATEMENT OF PAST CONTRACT DISQUALIFICATIONS...............................................................................19 REFERENCES .......................................................................................................................................................19 INSURANCE REQUIREMENTS: Consultant Services .............................................................................................21 APPENDICES...............................................................................................................Error! Bookmark not defined.

Appendix 1: Federally Funded Contract Forms........................................................Error! Bookmark not defined.

Appendix 2: Capital Asset Management Plan ..........................................................Error! Bookmark not defined.

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Section A

DESCRIPTION OF WORK
The City is looking for a consultant team to assist with the delivery of a new building called the Wastewater Maintenance Shop.

PROJECT BACKGROUND:

The City of San Luis Obispo is currently upgrading it’s wastewater treatment plant, the Water Resource Recovery Facility (WRRF). This major project, known as SLO Water Plus is expected to be completed in 2023. SLO Water Plus will displace maintenance staff and require additional workshop space, necessitating the construction of a new building.

The nearby Prado Interchange project will require the removal of the Wastewater Collections (WWC) building, necessitating staff office and workshop space be relocated to this new space as well. The Prado Interchange is expected to begin construction in 2025.

A single building containing the displaced staff and workshop space is envisioned on the WRRF campus, called the Wastewater Maintenance Shop (WMS). A previous building called the Water Resource Center was designed to be constructed as part of the WRRF project as an additive alternate, encompassing the needs described above as well as the additional staff and education facilities. This building was removed from the WRRF project.

The City will now pursue the WMS, and seeks consultant services to assist with the study and design phases of this new facility.

PROJECT SCOPE:

The City Utilities Department envisions a new building, called the Wastewater Maintenance Shop located on the WRRF campus. In order to facilitate an efficient and equitable design, the City will award this project to a team for both a study and design phase, each of which will be funded separately after consultation with the successful consultant.

This building will house WRRF maintenance and WWC staff, serving as office and workshop space. This building should anticipate a design life of 50 years. The following spaces are envisioned:
 Office space for (4) WRRF maintenance staff and (1) maintenance Chief office  Office space for (5) WWC staff + (1) floating office cubicle and (1) WWC supervisor office  Office space for (1) WRRF Supervisor office
 Break room with kitchen
 Library
 (2) Meeting spaces
 Mud/Changing Room with lockers
 Laundry space
 Showers and restrooms with gender-neutral facilities
 Separate Workshop space(s) for WRRF and WWC staff
o High ceilings to allow for gantry cranes
o Separate spaces for welding and sand blasting
o Hazmat space
o Shelves and mezzanines for equipment storage
 Covered outdoor spaces
o Equipment repair space
o Parking of service vehicles, including vactor trucks and trailers o Wash rack
 Parking spaces for staff and visitors
Additive Alternates:
 Office space for (2) Information Technology Staff
 Work/server space for (2) Information Technology Staff

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 Additional restroom and lockers for operations staff, as their facility (the Ops Building located nearby) is not American Disabilities Act (ADA) compliant
 (2) floating office for Utilities Admin staff
The City also wishes the successful consultant to consider the following:
 This facility must be Carbon Neutral as part of the City’s Climate Change Initiative Components of this facility must include but are not limited to:
o Rooftop Solar
o Vehicle and tool charging stations
o Pursuit of LEED Certification
 Modular construction allowing for easy addition of future spaces – additional office, lab and workshop spaces CONSULTANT SUBMITTAL:

Please submit a proposal for providing the following services:
 Schematic Design (Phase I):
o Interview Utilities field and office staff who will use the facility to identify their needs and desires o Review existing facilities field and office staff currently utilize to complete their work tasks o Interview Utilities Administration staff to confirm project objectives and long term staffing vision for WMS
o Review precedent and staff interviews to present space sizes and configuration for City review o Using precedent, interview and project information, present a building system, project footprint and material system
o Produce a memorandum detailing the steps needed to minimize greenhouse gas emissions during construction, and the operation of a carbon neutral facility post-construction o Begin an alternative analysis for the additive alternates listed above o Review of grant and loan opportunities for this project and the feasibility of their pursuit o Produce a scope, schedule and cost for this and future services as part of this proposal. City forces anticipates a 9 month timeline for this phase.
 Design Development (Phase II):
o Preliminary and final building design, including:
 Architectural services
 Structural Engineering
 Mechanical and HVAC Engineering
 Electrical Engineering
 Civil Engineering
 Surveying, geotechnical and other services as needed
 Constructability analysis
o The following sheets are anticipated at a minimum:
 Title and Note sheets
 Code Anaysis/Occupancy Sheet
 Accessibility Details
 Architectural Renderings and Elevations
 Architectural Site Plan
 Architectural Floor Plans
 Finish and Furniture Plans and Schedules
 Structural plans, sections and details
 Electrical and Communication plans, sections and details  Plumbing, Mechanical and HVAC plans, sections and details  Civil Site plans and details
 Landscaping and Irrigation plans and details
o Project scope, schedule and budget documents as needed throughout construction. City forces anticipates a 14 month timeline for this phase.
 Construction (Phase III):
o Construction Administration services throughout construction o Assist City and Construction Management team (separate team) with design issues and RFI reviews

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Required Deliverables:

Schematic Design:
 Meeting agendas and minutes for all consultant-lead meetings. Action items must be included with follow up dates
 Weekly correspondence with City Project Manager, either as an e-mail, meeting or phone call to review action items
 Detailed schedule showing action items and anticipated timelines. Expect to update schedule after major milestones, at least (2) per year
 Monthly meetings between consultant and City team to review progress made, discuss items requiring City input, and review action items
 Interview summary from field and office staff – future WMS users  Interview summary from Utilities Admin staff – long term vision of WMS use and staffing needs  Review of existing office and workshop spaces
 Concept office and workshop space layouts
 Memo justifying office and worshop sizes and layouts
 Architectural Precedent Memo justifying building and material type, orientation, ect…  Concept WMS layout
o Renderings
o Layout and Sections
o Site plan
 Environmental impacts memo detailing methods to minimize greenhouse gas reductions during construction and obtain operation of a carbon neutral facility  Memo detailing availability of alternative funding sources (grants, low-interest loans) related to this project and feasibility of pursuit
 Scoping document summarizing study phase and recommendations  Simplified Proposal for next phase of work detailing agreed-upon scope, schedule and fee Design Development:
 Meeting agendas and minutes for all consultant-lead meetings. Action items must be included with follow up dates
 Weekly correspondence with City Project Manager, either as an e-mail, meeting or phone call to review action items
 Detailed schedule showing action items and anticipated timelines. Expect to update schedule after major miles, at least (2) per year
 Creation of a communication plan and project website with regular updates throughout design and construction
 Concept WMS Building and Site plans
 Structure memo – detailing structural systems and anticipated loads WMS will be designed for  30% Plans and cost estimate
 50% Plans and cost estimate
 Constructability memo – project review with the intent of minimizing construction time and cost. Include a Construction Management firm or other company capable of performing this analysis separate from primary design team
 90% Plans, Specifications and Cost Estimate
 Attendance and presentations to the Architectural Review Committee (1 meeting), Planning Commission (1 meeting) and City Council (2 meetings)
 100% Plans, Specifications and Cost Estimate
 Final Plans, Specifications and Cost Estimate
The City will provide review comments for each deliverable, with a timeframe of approximately 4 weeks depending on size and complexity. Consultant may also anticipate minor revisions to the 100% PS&E prior to City Engineer approval of Final PS&E.

City is the CEQA lead agency and will provide a supplement to the existing WRRF EIR for this project. No consultant environmental services will be required for this supplement. Consultant assistance with advisory body meetings and responses to comments will be required.

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Section B

GENERAL TERMS AND CONDITIONS

PROPOSAL REQUIREMENTS

1. Requirement to Meet All Provisions. Each individual or firm submitting a proposal (Consultant) shall meet all of the terms, and conditions of the Request for Proposal (RFP) specifications package. By virtue of its proposal submittal, the Consultant acknowledges agreement with and acceptance of all provisions of the RFP specifications.

2. Proposal Submittal. Each proposal must be submitted on the form(s) provided in the specifications and accompanied by any other required submittals or supplemental materials. Proposal documents shall be enclosed in an envelope that shall be sealed and addressed to the Public Works Department, City of San Luis Obispo, 919 Palm Street, San Luis Obispo, CA, 93401. Each proposal submittal shall include one electronic copy of the proposal, submitted in Adobe Acrobat format on CD or flash drive. In order to guard against premature opening, the proposal should be clearly labeled with the proposal title, specification number, name of Consultant, and date and time of proposal opening. No FAX submittals will be accepted.

3. Insurance Certificate. Each proposal must include a certificate of insurance showing:
a. The insurance carrier and its A.M. Best rating.
b. Scope of coverage and limits.
c. Deductibles and self-insured retention.

The purpose of this submittal is to generally assess the adequacy of the Consultant’s insurance coverage during proposal evaluation; as discussed under paragraph 13 below, endorsements are not required until contract award. The City’s insurance requirements are detailed in Section F.

4. Submittal of References. Each proposer shall submit a statement of qualifications and references on the form provided in the RFP package.

5. Statement of Contract Disqualifications. Each proposer shall submit a statement regarding any past government disqualifications on the form provided in the RFP package.

6. Proposal Withdrawal and Opening. A Consultant may withdraw its proposal, without prejudice prior to the time specified for the proposal opening, by submitting a written request to the City Engineer for its withdrawal, in which event the proposal will be returned to the Consultant unopened. No proposal received after the time specified or at any place other than that stated in the "Notice Requesting Qualifications" will be considered. All proposals will be opened and declared publicly. Consultants or their representatives are invited to be present at the opening of the proposals.

7. Submittal of One Proposal Only. No individual or business entity of any kind shall be allowed to make or file, or to be interested in more than one proposal, except an alternative proposal when specifically requested; however, an individual or business entity that has submitted a sub-proposal to a Consultant submitting a proposal, or who has quoted prices on materials to such Consultant, is not thereby disqualified from submitting a sub-proposal or from quoting prices to other Consultants submitting proposals.

8. Communications. All timely requests for information submitted in writing will receive a written response from the City. Telephone communications with City staff are not encouraged, but will be permitted. However, any such oral communication shall not be binding on the City.

9. Alternative Proposals. When specifically requested, the proposer may submit an alternative proposal (or proposals) that it believes will also meet the City's project objectives but in a different way. In this case, the proposer must provide an analysis of the advantages and disadvantages of each of the alternatives, and discuss under what circumstances the City would prefer one alternative to the other(s). If an alternative proposal is submitted, the maximum length of the proposal may be expanded proportionately by the number of alternatives submitted.

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CONTRACT AWARD AND EXECUTION

10. Proposal Retention and Award. The City reserves the right to retain all proposals for a period of 60 days for examination and comparison. The City also reserves the right to waive non substantial irregularities in any proposal, to reject any or all proposals, to reject or delete one part of a proposal and accept the other, except to the extent that proposals are qualified by specific limitations. See the "Special Terms and Conditions" in Section C of these specifications for proposal evaluation and contract award criteria.

11. Competency and Responsibility of Consultant. The City reserves full discretion to determine the competence and responsibility, professionally and/or financially, of Consultants. Consultants will provide, in a timely manner, all information that the City deems necessary to make such a decision.

12. Contract Requirement. The Consultant to whom award is made (Consultant) shall execute a written contract with the City within ten (10) calendar days after notice of the award has been sent by mail to it at the address given in its proposal. The contract shall be made in the form adopted by the City and incorporated in these specifications.

13. Insurance Requirements. The Consultant shall provide proof of insurance in the form, coverages and amounts specified in Section F of these specifications within 10 (ten) calendar days after notice of contract award as a precondition to contract execution.

14. Business License & Tax. The Consultant must have a valid City of San Luis Obispo business license and tax certificate before execution of the contract. Additional information regarding the City's business license and tax program may be obtained by calling (805) 781-7134.

15. Failure to Accept Contract. The following will occur if the Consultant to whom the award is made (Consultant) fails to enter into the contract: the award will be annulled; any bid security will be forfeited in accordance with the special terms and conditions if a Consultant's bond or security is required; and an award may be made to the next highest ranked Consultant with whom a responsible compensation is negotiated, who shall fulfill every stipulation as if it were the party to whom the first award was made.

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Section C

PROPOSAL CONTENT AND SELECTION PROCESS

PROPOSAL CONTENT

1. Submittal Forms
a. Acknowledgement
b. Certificate of Insurance
c. References
d. Statement of Past Disqualifications

2. Qualifications
a. Understanding of the project and team’s approach in project delivery. b. Experience of your firm in performing architectural work for government clients and facilities, as well as the construction of new building facilities that feature office and workshop space. c. Experience of the staff to be assigned to this work in performing similar services. d. Redundancy in the project team who are experienced in this type of work. e. Resumes of the individuals who would be assigned to the project team. f. Proximity and staffing levels to the City of San Luis Obispo. g. Statement and explanation of any instances where your firm has been removed from a project or disqualified from proposing on a project.
h. Project Fee and Schedule, including biling rates for team i. Detailed list of services available directly from your team available to this project.

3. Work Program
a. Description of your approach to working with City staff to achieve their goal of completing the assigned project on schedule.
b. Services or data anticipated to be provided by the City. c. Any other information that would assist us in making this contract award decision.

4. Proposal Length and Copies
a. Qualification proposals should be the minimum length to provide the required information. Charts and other short form approaches to conveying information are encouraged. b. Three copies of the proposal must be submitted.
c. One PDF format electronic copy must be submitted on flash drive.

PROPOSAL EVALUATION AND CONSULTANT SELECTION
Qualification proposals will be evaluated by a review committee and contract award process as follows:

5. Written Proposal Review/Finalist Candidate Selection Evaluation of the qualification proposals will be based on the following qualifications:

1. Understanding of the work involved in completing structural engineering work.

2. Demonstrated competence, professional qualifications of proposed staff.

3. Recent experience in successfully performing similar services.

4. Responses from provided references.

5. Fee for proposed work
Qualification proposals will be reviewed by a selection committee and ranked in accordance with the above criteria. Where one or more qualification proposals are rated consistently higher than others, the consultants may be selected as the top ranked consultants for purposes of contract negotiation.

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Alternatively, a group of finalist candidates (generally the top 3) may be selected for follow-up interviews and presentations, or requests for additional clarifying information, before the final top ranked consultants for contract negotiation are determined.

6. Proposal Review and Award Schedule
The following is an outline of the anticipated schedule for proposal review and contract award:

Issue RFP.........................................................March 8, 2022 Receive qualification proposals.........................April 11, 2022 Complete proposal evaluation............................. May 2, 2022 Award contract..................................................... May 9, 2022 Execute contract................................................. June 6, 2022

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Section D

FORM OF AGREEMENT

AGREEMENT
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on _____________ by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and [CONSULTANT’S NAME IN CAPITAL LETTERS], hereinafter referred to as Consultant.

W I T N E S S E T H
WHEREAS, on ___________, requested proposals for _______________.

WHEREAS, pursuant to said request, Consultant submitted a proposal that was accepted by City for said services.

NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows:

1. Contract Term. The term of this agreement shall be from the date this Agreement is made and entered, as first written above, until acceptance and completion of said services.

2. Incorporation by Reference. City Specification No. ______ and Contractor's proposal dated [date] is hereby incorporated in and made a part of this Agreement and attached as Exhibit A.

3. Consultants’ Obligations. For and in consideration of the payments and Agreements herein before mentioned to be made and performed by City, Consultant agrees with City to provide services as set forth in ______

4. Cost Increases. Labor rates during the contract term may be increased on an annual basis to reflect projected increases in labor costs and overhead provided those increases are incorporated into the Consultant’s Proposal, which is incorporated into this agreement by reference.

5. Work Delays. Should the Consultant be obstructed or delayed in the work required to be done hereunder by changes in the work or by any default, act, or omission of the City, or by strikes, fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or labor due to federal government restrictions arising out of defense or war programs, then the time of completion may, at the City's sole option, be extended for such periods as may be agreed upon by the City and the Consultant. In the event that there is insufficient time to grant such extensions prior to the completion date of the contract, the City may, at the time of acceptance of the work, waive liquidated damages that may have accrued for failure to complete on time, due to any of the above, after hearing evidence as to the reasons for such delay, and making a finding as to the causes of same.

6. Termination for Cause. If, during the term of the contract, the City determines that the Consultant is not faithfully abiding by any term or condition contained herein, the City may notify the Consultant in writing of such defect or failure to perform. This notice must give the Consultant a 10 (ten) calendar day notice of time thereafter in which to perform said work or cure the deficiency.

If the Consultant has not performed the work or cured the deficiency within the ten days specified in the notice, such shall constitute a breach of the contract and the City may terminate the contract immediately by written notice to the Consultant to said effect. Thereafter, neither party shall have any further duties, obligations, responsibilities, or rights under the contract except, however, any and all obligations of the Consultant's surety shall remain in full force and effect, and shall not be extinguished, reduced, or in any manner waived by the termination thereof.

In said event, the Consultant shall be entitled to the reasonable value of its services performed from the beginning date in which the breach occurs up to the day it received the City's Notice of Termination, minus any offset from

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such payment representing the City's damages from such breach. "Reasonable value" includes fees or charges for goods or services as of the last milestone or task satisfactorily delivered or completed by the Consultant as may be set forth in the Agreement payment schedule; compensation for any other work, services or goods performed or provided by the Consultant shall be based solely on the City's assessment of the value of the workin-progress in completing the overall workscope.

The City reserves the right to delay any such payment until completion or confirmed abandonment of the project, as may be determined in the City's sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall the Consultant be entitled to receive in excess of the compensation quoted in its proposal.

7. Termination for Convenience. The City also reserves the right to terminate the contract for convenience, providing a 30 (thirty) calendar day notice, at any time upon a determination by the Director that termination of the contract is in the best interest of the City. Upon termination notice from the City, Consultant must, unless otherwise directed, cease work and follow the City’s directions as to work in progress and finished goods. For termination of any services pursuant to this Agreement, the City’s liability will be the lesser of a reasonable price for the services rendered prior to termination.

8. Ability to Perform. The Consultant warrants that it possesses, or has arranged through subcontracts, all capital and other equipment, labor, materials, and licenses necessary to carry out and complete the work hereunder in compliance with any and all applicable federal, state, county, city, and special district laws, ordinances, and regulations.

9. Sub-contract Provisions. No portion of the work pertinent to this contract shall be subcontracted without written authorization by the City, except that which is expressly identified in the Consultant’s proposal. Any substitution of sub-consultants must be approved in writing by the City. For any sub-contract for services in excess of $25,000, the subcontract shall contain all provisions of this agreement.

10. Contract Assignment. The Consultant shall not assign, transfer, convey or otherwise dispose of the contract, or its right, title or interest, or its power to execute such a contract to any individual or business entity of any kind without the previous written consent of the City.

11. Inspection. The Consultant shall furnish City with every reasonable opportunity for City to ascertain that the services of the Consultant are being performed in accordance with the requirements and intentions of this contract. All work done and all materials furnished, if any, shall be subject to the City's inspection and approval.

The inspection of such work shall not relieve Consultant of any of its obligations to fulfill its contract requirements.

12. Record Retention and Audit. For the purpose of determining compliance with various laws and regulations as well as performance of the contract, the Consultant and sub-consultants shall maintain all books, documents, papers, accounting records and other evidence pertaining to the performance of the contract, including but not limited to the cost of administering the contract. Materials shall be made available at their respective offices at all reasonable times during the contract period and for three years from the date of final payment under the contract. Authorized representatives of the City shall have the option of inspecting and/or auditing all records.

For Federally funded projects, access to records shall also include authorized representatives of the State and Federal government. Copies shall be furnished if requested.

13. Conflict of Interest. The Consultant shall disclose any financial, business, or other relationship with the City that may have an impact upon the outcome of this contract, or any ensuing City construction project. The Consultant shall also list current clients who may have a financial interest in the outcome of this contract, or any ensuing City construction project which will follow. The Consultant staff shall provide a Conflict of Interest Statement where determined necessary by the City.

The Consultant covenants that it presently has no interest, and shall not acquire any interest—direct, indirect or otherwise—that would conflict in any manner or degree with the performance of the work hereunder. The Consultant further covenants that, in the performance of this work, no sub-consultant or person having such an interest shall be employed. The Consultant certifies that no one who has or will have any financial interest in performing this work is an officer or employee of the City. It is hereby expressly agreed that, in the performance of the work hereunder, the Consultant shall at all times be deemed an independent Consultant and not an agent or employee of the City.

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14. Rebates, Kickbacks or Other Unlawful Consideration. The Consultant warrants that this contract was not obtained or secured through rebates, kickbacks or other unlawful consideration, either promised or paid to any City employee. For breach or violation of the warranty, the City shall have the right in its discretion; to terminate the contract without liability; to pay only for the value of the work actually performed; to deduct from the contract price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.

15. Covenant Against Contingent Fees. The Consultant warrants by execution of this contract that no person or selling agency has been employed, or retained, to solicit or secure this contract upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Consultant for the purpose of securing business. For breach or violation of this warranty, the City has the right to annul this contract without liability; pay only for the value of the work actually performed, or in its discretion, to deduct from the contract price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.

16. Compliance with Laws and Wage Rates. The Consultant shall keep itself fully informed of and shall observe and comply with all applicable state and federal laws and county and City of San Luis Obispo ordinances, regulations and adopted codes during its performance of the work. This includes compliance with prevailing wage rates and their payment in accordance with California Labor Code. For purposed of this paragraph, “construction” includes work performed during the design and preconstruction phases of construction, including but not limited to, inspection and land surveying work.

17. Payment of Taxes. The contract prices shall include full compensation for all taxes that the Consultant is required to pay.

18. Permits, Licenses and Filing Fees. The Consultant shall procure all permits and licenses, pay all charges and fees, and file all notices as they pertain to the completion of the Consultant’s work. The City will pay all application fees for permits required for the completion of the project including building and regulatory permit application fees. Consultant will provide a 10 day notice for the City to issue a check.

19. Safety Provisions. The Consultant shall conform to the rules and regulations pertaining to safety established by OSHA and the California Division of Industrial Safety.

20. Public and Employee Safety. Whenever the Consultant's operations create a condition hazardous to the public or City employees, it shall, at its expense and without cost to the City, furnish, erect and maintain such fences, temporary railings, barricades, lights, signs and other devices and take such other protective measures as are necessary to prevent accidents or damage or injury to the public and employees.

21. Preservation of City Property. The Consultant shall provide and install suitable safeguards, approved by the City, to protect City property from injury or damage. If City property is injured or damaged resulting from the Consultant's operations, it shall be replaced or restored at the Consultant's expense. The facilities shall be replaced or restored to a condition as good as when the Consultant began work.

22. Immigration Act of 1986. The Consultant warrants on behalf of itself and all sub-consultants engaged for the performance of this work that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder.

23. Consultant Non-Discrimination. In the award of subcontracts or in performance of this work, the Consultant agrees that it will not engage in, nor permit such sub-consultants as it may employ, to engage in discrimination in employment of persons on any basis prohibited by State or Federal law.

24. Accuracy of Specifications. The specifications for this project are believed by the City to be accurate and to contain no affirmative misrepresentation or any concealment of fact. Consultants are cautioned to undertake an independent analysis of any test results in the specifications, as City does not guaranty the accuracy of its interpretation of test results contained in the specifications package. In preparing its proposal, the Consultant and all sub-consultants named in its proposal shall bear sole responsibility for proposal preparation errors resulting from any misstatements or omissions in the specifications that could easily have been ascertained by examining either the project site or accurate test data in the City's possession. Although the effect of ambiguities or defects in the specifications will be as determined by law, any patent ambiguity or defect shall give rise to a

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duty of Consultant to inquire prior to proposal submittal. Failure to so inquire shall cause any such ambiguity or defect to be construed against the Consultant. An ambiguity or defect shall be considered patent if it is of such a nature that the Consultant, assuming reasonable skill, ability and diligence on its part, knew or should have known of the existence of the ambiguity or defect. Furthermore, failure of the Consultant or sub-consultants to notify City in writing of specification defects or ambiguities prior to proposal submittal shall waive any right to assert said defects or ambiguities subsequent to submittal of the proposal.

To the extent that these specifications constitute performance specifications, the City shall not be liable for costs incurred by the successful Consultant to achieve the project’s objective or standard beyond the amounts provided therefor in the proposal.

In the event that, after awarding the contract, any dispute arises as a result of any actual or alleged ambiguity or defect in the specifications, or any other matter whatsoever, Consultant shall immediately notify the City in writing, and the Consultant and all sub-consultants shall continue to perform, irrespective of whether or not the ambiguity or defect is major, material, minor or trivial, and irrespective of whether or not a change order, time extension, or additional compensation has been granted by City. Failure to provide the hereinbefore described written notice within one (1) working day of Consultant's becoming aware of the facts giving rise to the dispute shall constitute a waiver of the right to assert the causative role of the defect or ambiguity in the plans or specifications concerning the dispute.

25. Hold Harmless and Indemnification.
(a) Non-design, non-construction Professional Services: To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), Consultant shall indemnify, defend, and hold harmless the City, and its elected officials, officers, employees, volunteers, and agents (“City Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Consultant’s performance or Consultant’s failure to perform its obligations under this Agreement or out of the operations conducted by Consultant, including the City’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the City. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Consultant’s performance of this Agreement, the Consultant shall provide a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. (b) Non-design, construction Professional Services: To the extent the Scope of Services involve a “construction contract” as that phrase is used in Civil Code Section 2783, this paragraph shall apply in place of paragraph A. To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), Consultant shall indemnify, defend, and hold harmless the City, and its elected officials, officers, employees, volunteers, and agents (“City Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Consultant’s performance or Consultant’s failure to perform its obligations under this Agreement or out of the operations conducted by Consultant, except for such loss or damage arising from the active negligence, sole negligence or willful misconduct of the City. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Consultant’s performance of this Agreement, the Consultant shall provide a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. (c) Design Professional Services: In the event Consultant is a “design professional”, and the Scope of Services require Consultant to provide “design professional services” as those phrases are used in Civil Code Section 2782.8, this paragraph shall apply in place of paragraphs A or B. To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8) Consultant shall indemnify, defend and hold harmless the City and its elected officials, officers, employees, volunteers and agents (“City Indemnitees”), from and against all claims, damages, injuries, losses, and expenses including costs, attorney fees, expert consultant and expert witness fees arising out of, pertaining to or relating to, the negligence, recklessness or willful misconduct of Consultant, except to the extent caused by the sole negligence, active negligence or willful misconduct of the City. Negligence, recklessness or willful misconduct of any subcontractor employed by Consultant shall be conclusively deemed to be the negligence, recklessness or willful misconduct of Consultant unless adequately corrected by Consultant. In

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San Luis Obispo City CouncilMarch 1, 2022

San Luis Obispo City Council
March 1, 2022