San Luis Obispo City Council
November 15, 2022

City Council
AGENDA

Tuesday, November 15, 2022, 5:30 p.m.

Council Chambers, 990 Palm Street, San Luis Obispo
The City of San Luis Obispo has returned to in-person meetings. Zoom participation will not be supported. For those attending in-person, the Council Chamber will be at limited capacity and masks are strongly recommended. Council meetings may be viewed remotely on Channel 20 and the City's YouTube Channel: http://youtube.slo.city
INSTRUCTIONS FOR PUBLIC COMMENT:

Public Comment prior to the meeting (must be received 3 hours in advance of the meeting):

Mail - Delivered by the U.S. Postal Service. Address letters to the City Clerk's Office at 990 Palm Street, San Luis Obispo, California, 93401.

Email - Submit Public Comments via email to [email protected]. In the body of your email, please include the date of the meeting and the item number (if applicable). Emails will not be read aloud during the meeting.

Voicemail - Call (805) 781-7164 and leave a voicemail. Please state and spell your name, the agenda item number you are calling about, and leave your comment. Verbal comments must be limited to 3 minutes. Voicemails will not be played during the meeting. *All correspondence will be archived and distributed to councilmembers, however, submissions received after the deadline will not be processed until the following day.

Public Comment during the meeting:

Meetings have returned to an in-person format. To provide public comment during the meeting, you must be present in the Council Chambers.

Electronic Visual Aid Presentation. To conform with the City's Network Access and Use Policy, Chapter 1.3.8 of the Council Policies & Procedures Manual, members of the public who desire to utilize electronic visual aids to supplement their oral presentation are encouraged to provide display-ready material to the City Clerk by 12:00 p.m. on the day of the meeting. Contact the City Clerk's Office at [email protected] or (805) 781-7114.

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
Council Member Jan Marx will lead the Council in the Pledge of Allegiance.

3. PRESENTATIONS

3.a. PROCLAMATION - NATIONAL APPRENTICESHIP WEEK
Mayor Stewart will present a proclamation declaring the week of November 14 - 20, 2022 as "National Apprenticeship Week".

3.b. PROCLAMATION - NATIVE AND INDIGENOUS HERITAGE MONTH Mayor Stewart will present a proclamation declaring the month of November as "Native and Indigenous Heritage Month".

3.c. PROCLAMATION - RECOGNITION OF FIRE CHIEF KEITH

AGGSON'S RETIREMENT
Mayor Stewart will present a proclamation recognizing the retirement of Keith Aggson, City of San Luis Obispo Fire Chief.

3.d. PROCLAMATION - RECOGNITION OF FINANCE DIRECTOR

BRIGITTE ELKE'S RETIREMENT
Mayor Stewart will present a proclamation recognizing the retirement of Brigitte Elke, City of San Luis Obispo Finance Director.

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

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 to 5k.

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 - NOVEMBER 1, 2022 AND NOVEMBER 2, 2022

COUNCIL MINUTES
13 Recommendation:

Approve the following minutes of the City Council:
• November 1, 2022 - Regular Meeting
• November 2, 2022 - Special Closed Session

5.c. SECOND READING OF ORDINANCE NO. 1723 (2022 SERIES) AMENDING CHAPTERS 15.02 AND 15.04 (BUILDING

REGULATIONS) OF THE MUNICIPAL CODE
23 Recommendation:

Adopt Ordinance No. 1723 (2022 Series) entitled, “An Ordinance of The City Council of The City of San Luis Obispo, California, amending Title 15 of the Municipal Code to adopt by reference and amend the latest edition of the California Building Standards Code and adopting findings of fact to support the amendments,” which will restructure chapters

15.02 and 15.04 of the Municipal Code and reference the 2022 editions of the California Code of Regulations Title 24, the 1997 editions of the Uniform Housing Code and the Uniform Code for Abatement of Dangerous Buildings, and the 2021 edition of the International Property Maintenance Code, with amendments.

5.d. APPROVE AN UPDATED MEMORANDUM OF UNDERSTANDING

FOR SHARING CENTRAL COAST COMMUNITY ENERGY BOARD
SEATS
91 Recommendation:

Approve an amendment to the Agreement and Memorandum of Understanding with the City of Morro Bay for sharing Policy Board, Operations Board, and Community Advisory Committee seats on Central Coast Community Energy; and

1. Authorize the City Manager to execute the Amendment to the Agreement and Memorandum of Understanding in a form
subject to approval of the City Attorney’s Office.

2. 5.e. REQUEST TO INCLUDE THE PROPERTY AT 1133 PISMO STREET,

KNOWN AS THE THOMAS AND MAY BRECHEEN HOUSE, IN THE
CITY’S INVENTORY OF HISTORIC RESOURCES AS A MASTER LIST RESOURCE (HIST-0171-2022)
105
Recommendation:

As recommended by the Cultural Heritage Committee, adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, adding the property located at 1133 Pismo Street to the Master List of Historic Resources as “The Thomas and May Brecheen House” (HIST-0171-2022).”

5.f. INTEGRATE OVERSIGHT OF THE JACK HOUSE ADVISORY

COMMITTEE TO THE PARKS AND RECREATION COMMISSION

WITH CONTINUED CITY STAFF SUPPORT OF DOCENTS, BUILDING

AND GROUNDS MAINTENANCE AND ADVISORY BODIES
219
Recommendation:

As recommended by the Jack House Advisory Committee and as approved by the Parks and Recreation Commission, adopt a Draft Resolution entitled, "A Resolution of the City Council of the City of San Luis Obispo, California, to amend the Advisory Body Handbook for revision of the Parks and Recreation
Commission Bylaws and removal of the Jack House Committee Bylaws" which will transfer oversight of, and all responsibilities within the subject matter of the Jack House Advisory
Committee’s, to the Parks and Recreation Commission. Issues surrounding Jack House historic architecture and gardens shall be handled through consultation with the Architecture Review Committee and Cultural Heritage Committee, as needed.

Require one Commissioner to serve as a direct liaison to the Jack House by means of the Jack House Docent committee.

1. As recommended by staff to effectuate the Jack House Advisory Committee and Parks and Recreation Commission
Recommendations to Council:

2. Consolidate the Jack House Advisory Committee and the Parks and Recreation Commission into one advisory body
known as the Parks and Recreation Commission.
a.

Upon a vacancy on the Parks and Recreation Commission,
consider appointing a former Jack House Advisory
Committee member first to the Commission.
b.

Consistent with the Charter, amend the Bylaws of the Parks and Recreation Commission to reflect these additional
responsibilities.

3. 5.g. ADVISORY BODY APPOINTMENT DUE TO AN UNSCHEDULED VACANCY – CULTURAL HERITAGE COMMITTEE
267
Recommendation:

Confirm the appointment of Sabin Gray to the Cultural Heritage Committee (CHC).

5.h. REQUEST TO REMOVE THE PROPERTY AT 1720 MORRO STREET FROM THE CONTRIBUTING PROPERTIES LIST OF THE CITY’S
INVENTORY OF HISTORIC RESOURCES (HIST-0495-2022)
271
Recommendation:

As recommended by the Cultural Heritage Committee, adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, removing the property at 1720 Morro Street from the Inventory of Historic Resources.”

5.i. AUTHORIZATION TO ADVERTISE THE REVISED TRANSIT FACILITY

ELECTRIC VEHICLE CHARGING INFRASTRUCTURE PROJECT,
SPECIFICATION 1000535
315
Recommendation:

Approve the revised project plans and specifications for the Transit Facility Electric Vehicle Charging Infrastructure, Specification Number 1000535; and,

1. Authorize staff to advertise the revised project plans and specifications for bids; and,

2. Appropriate $500,000 from the available Transit Fund Working Capital Balance to the project account (1000535); and,

3. Appropriate $898,093 of the American Rescue Plan (ARP) Section 5307 SLO Transit EV Infrastructure funds to the project account (1000535); and,

4. 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 available project budget; and,

5. Authorize the City Engineer to approve Contract Change Orders up to the available project budget.

6. 5.j. APPROVE AN UPDATE TO THE DEBT MANAGEMENT POLICY 457 Recommendation:

Review and approve an update to the City’s Debt Management policy to include the option to issue debt through designated bonds such as green or sustainable bonds.

5.k. APPROVE A GRANT APPLICATION TO THE CALRECYCLE

BEVERAGE CONTAINER RECYCLING GRANT PROGRAM
475
Recommendation:

Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, authorizing approval of a Grant Application to the CalRecycle Beverage Container Recycling Grant Program.”

6. PUBLIC HEARING AND BUSINESS ITEMS

6.a. SETTING THE STAGE FOR THE 2023-25 FINANCIAL PLAN AND THE STRATEGIC SCAN (Estimated Time: 90 minutes)
487
Recommendation:

Receive and discuss the following framework in preparation for the 2023-25 goal-setting and Financial Plan process:

1. a. Review of FY 2022-23 1st quarter results;
b. Status of the 2021-23 Adopted Major City Goals; and
c. General Plan and Climate Action Plan Update; and
Setting the stage framework including core services and a scan of strategic indicators for all major funds.
d.

Introduce a recommended approach to the budgeting and
management of the Capital Improvement Plan (CIP) and
receive Council feedback.
e.

Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, approving an amendment to the 2022-23 Budget Allocation” to appropriate $40,000 of the City’s General Fund Unassigned Fund Balance into operating budget to contribute to the Housing Trust Fund and correction to the 2022-23 Appropriations Limit.

2. 6.b. AMENDMENTS TO THE HUMAN RELATIONS COMMISSION
PURPOSE STATEMENT AND BYLAWS (Estimated Time: 30 minutes) 655
Recommendation:

As recommended by the Human Relations Commission (HRC), adopt a Draft Resolution entitled, “A Resolution of the Council of San Luis Obispo, California, amending the Advisory Body Handbook For Revision to the HRC Purpose Statement and Bylaws” amending the purpose statement and a revision to the bylaws to change the residency requirement for up to two commissioner seats.

7. STUDY SESSION

7.a. RECEIVE AN UPDATE ON THE RECYCLED WATER MAXIMIZATION STUDY (Estimated Time: 90 minutes)
663
Recommendation:

Receive an update on the Recycled Water Maximization Study and provide input regarding the future expanded use of the City’s recycled water supplies.

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 on December 6, 2022 at 5:30 p.m. in the Council Chambers at City Hall, 990 Palm Street, San Luis Obispo.

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) 781-7114 at least 48 hours before the meeting, if possible. Telecommunications Device for the Deaf (805) 781-7410.

City Council meetings are televised live on Charter Channel 20 and the City's YouTube Chanel: http://youtube.slo.city. 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
https://www.slocity.org/government/mayor-and-city-council/agendas-andminutes. Persons with questions concerning any agenda item may call the City Clerk’s Office at (805) 781-7114.

1 Council Minutes
November 1, 2022, 4:30 p.m.

Council Chambers, 990 Palm Street, 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, Christine Dietrick, City Attorney, Teresa Purrington, City Clerk
_____________________________________________________________________

1. CLOSED SESSION: STARTS AT 4:30 PM

1.a PUBLIC COMMENT ON CLOSED SESSION ITEMS
Public Comments:

None
---End of Public Comment---

1.b CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Action: City Attorney Christine Dietrick indicated that there was no reportable action taken.

1.c CONFERENCE WITH REAL PROPERTY NEGOTIATORS (APN: 001-207-018) Action: City Attorney Christine Dietrick indicated that there was no reportable action taken.

1.d ADJOURN CLOSED SESSION
The Closed Session adjourned at 5:20 p.m. to the Regular Meeting of the City Council scheduled for Tuesday, November 1, 2022 at 5:30 pm, in the Council Chambers at City Hall, 990 Palm Street, San Luis Obispo.

2. CALL TO ORDER
A Regular Meeting of the San Luis Obispo City Council was called to order on November 1, 2022 at 5:30 p.m. in the Council Chambers, 990 Palm Street, San Luis Obispo, by Mayor Stewart.

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

4. PRESENTATIONS

4.a PROCLAMATION - ARBOR DAY
Mayor Stewart presented a proclamation declaring November 5, 2022 as "Arbor Day" to Acting City Arborist Anthony Whipple on behalf of the City's Urban Forestry Division.

4.b PROCLAMATION - FAMILY COURT AWARENESS MONTH
Mayor Stewart presented a proclamation declaring the month of November as "Family Court Awareness Month" to Tina Swithin.

4.c PROCLAMATION - NATIONAL ADOPTION MONTH
Mayor Stewart presented a proclamation declaring the month of November as "National Adoption Month" to Gina Cindrich on behalf of SLO County Department of Social Services.

4.d INTRODUCTION - ALEJANDRO HERNANDEZ, FACILITIES

MAINTENANCE SUPERVISOR
Public Works Director Matt Horn introduced Alejandro Hernandez, Facilities Maintenance Supervisor.

4.e CITY MANAGER REPORT
City Manager Derek Johnson provided a report on upcoming projects.

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

Jeffery Specht
Kris Roudebush
Hartley Cassetta
--End of Public Comment--

6. CONSENT AGENDA
Motion By Council Member Pease
Second By Vice Mayor Christianson
To approve Consent Calendar Items 6a to 6e.

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

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

6.b MINUTES REVIEW - OCTOBER 11, 2022 AND OCTOBER 18, 2022

COUNCIL MINUTES
Approve the following minutes of the City Council:
 October 11, 2022 - Special Closed Session Meeting
 October 18, 2022 - Regular Meeting

6.c SECOND READING OF ORDINANCE NO. 1722 (2022 SERIES)
AMENDING TITLE 9, CHAPTER 10 (CANNABIS REGULATIONS) OF

THE CITY OF SAN LUIS OBISPO MUNICIPAL CODE
Adopt Ordinance No. 1722 (2022 Series) entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California, Amending Chapter

9.10 (Cannabis Regulations) of the Municipal Code for Commercial Cannabis Operator Permits and Personal Cultivation” clarifying the requirements for applying, obtaining, activating, and renewing commercial cannabis operator permits in the City.

6.d CONSIDERATION OF FUNDING PRIORITIES FOR THE 2023-24

COMMUNITY DEVELOPMENT BLOCK GRANTS AND HUMAN

SERVICES GRANTS (FORMERLY KNOWN AS GRANTS-IN-AID)
As recommended by the Human Relations Commission (HRC), approve the Community Development Block Grant (CDBG) and Human Services Grants funding priorities for the 2023-24 funding year.

6.e APPROVE FY 2022-25 ANIMAL CARE AND CONTROL SERVICES

CONTRACT WITH THE COUNTY OF SAN LUIS OBISPO
Approve a three-year contract with the County of San Luis Obispo for the continued provision of Animal Care and Control Services from July 1, 2022 to June 30, 2025 in the amount of $190,984 for the first year, with annual adjustments thereafter, and authorize the Mayor to execute the contract.

4 7. PUBLIC HEARING AND BUSINESS ITEMS

7.a ANNUAL PUBLIC HEARING FOR THE TOURISM BUSINESS
IMPROVEMENT DISTRICT (Estimated Time: 20 minutes)
Deputy City Manager Greg Hermann and Tourism Manager Molly Cano provided an in-depth staff report and responded to Council questions.

Public Comments:

None
---End of Public Comment---
Motion By Vice Mayor Christianson
Second By Council Member Shoresman

1. Conduct a public hearing to receive testimony regarding the City Council’s intention to continue the San Luis Obispo Tourism Business Improvement District and determine whether a legally sufficient protest is made; and

2. Adopt Resolution No. 11371 (2022 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, declaring the basis for and the levy of the assessment for the San Luis Obispo Tourism Business Improvement District and affirming the establishment of the District.”
Ayes (5): Council Member Marx, Council Member Pease, Council Member Shoresman, Vice Mayor Christianson, and Mayor Stewart
CARRIED (5 to 0)

7.b CONSIDERATION OF 2022-23 DIVERSITY, EQUITY, AND INCLUSION HIGH IMPACT GRANT FUNDING RECOMMENDATIONS (Est. Time: 45 minutes) Deputy City Manager Greg Hermann and DEI Manager Beya Makekau provided an in-depth staff report and responded to Council questions.

Public Comments:

Ali Bailey
Chelsea Ruiz
Joel Diringer
Adrienne Garcia-Specht
Rita Casaverde
Courtney Haile
---End of Public Comment---

5 Council Member Marx recused herself from voting on the City Farm SLO application.

Motion By Vice Mayor Christianson
Second By Council Member Shoresman

1. As recommended by the Human Relations Commission, approve the funding allocation for City Farm SLO from the 2022-23 Diversity, Equity, and Inclusion (DEI) High Impact Grant program in the amount of $20,000; and

2. Authorize the City Manager to execute the agreement with the grant recipient.

Ayes (4): Council Member Pease, Council Member Shoresman, Vice Mayor Christianson, and Mayor Stewart
Recused (1): Council Member Marx
CARRIED (4 to 0)
Motion By Vice Mayor Christianson
Second By Council Member Marx

1. As recommended by the Human Relations Commission, approve the funding allocations for the 2022-23 Diversity, Equity, and Inclusion (DEI) High Impact Grant programs in the amount of $300,000 except the grant for City Farm SLO(previously approved); and

2. Authorize the City Manager to execute agreements with each grant recipient.

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

6 7.c INTRODUCE AN ORDINANCE TO ADOPT BY REFERENCE THE 2022

CALIFORNIA BUILDING AND FIRE CODES WITH LOCAL AMENDMENTS (Estimated Time: 30 minutes)
Fire Marshall/Chief Building Official Rodger Maggio and Deputy Building Official Michael Loew provided an in-depth staff report and responded to Council questions.

Public Comments:

None
---End of Public Comment---
Motion By Council Member Shoresman
Second By Council Member Pease
Introduce Ordinance No. 1723 (2022 Series) entitled, “An Ordinance of The City Council of The City of San Luis Obispo, California, amending Title 15 of the Municipal Code to adopt by reference and amend the latest edition of the California Building Standards Code and adopting findings of fact to support the amendments” amending Chapters 15.02 and 15.04 of the Municipal Code adopting, by reference, the 2022 editions of the California Code of Regulations Title 24, the 1997 editions of the Uniform Housing Code and the Uniform Code for the Abatement of Dangerous Buildings, and the 2021 edition of the International Property Maintenance Code, with amendments and the following change:
305.6.3 Order closing area to entry; Exceptions; Enforcement:

Whenever it is necessary in the interest of public peace or safety, the Fire Chief, with the consent of the owner of any lands designated as a hazardous fire area, may declare such lands closed to entry by any person. Any public highway traversing such a hazardous fire area, shall, however, be excluded from the order of closure, and the closure to entry does not prohibit or curtail the entry or use of the lands by the owner of the lands or his agent, nor the entry by any federal, state, county of city officer upon the closed area in the performance of their official duties. City law enforcement officers shall enforce the order of closure. The Fire Chief shall promulgate written findings supporting the declaration to close an area and setting forth the projected duration of the closure. The findings shall articulate with specificity the basis for the action, considering factors including, but not limited to: weather conditions (wind, temperatures, relative humidity); fuel loading; topography; and community threat. The continuation of any order issued pursuant to this section lasting longer

7 than 5-days (120 hours) shall be reviewed with and approved in writing by the City Manager until the order is rescinded.

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

8. LIAISON REPORTS AND COMMUNICATIONS
By consensus, the Council agreed to add a Special Meeting on Tuesday, December 13, 2022 starting at 5:30 p.m.

Council Member Pease participated in a legislative visit to Sacramento on October 24th, as a member of SLOCOG, advocating for more rail service between San Luis Obispo and Gilroy. On October 25th, she participated in a tour of SMART, the commuter rail in Marin County. The trip was paid for by SLOCOG.

Council Member Shoresman attended the La Loma Adobe Open House and represented the City at Sierra Vista Hospital's celebration for the 10th Anniversary of the Trauma Unit.

Mayor Stewart attended the monthly County Mayor's meeting and the SLO County Archaeological Society event and presented them with a Proclamation celebrating California Archaeology month.

All Council Members and City Manager Derek Johnson attended the Channel Cities League of Cities Annual Dinner in Paso Robles.

9. ADJOURNMENT
The meeting was adjourned at 8:21 p.m. The next Regular City Council Meeting is scheduled for November 15, 2022 at 5:30 p.m. in the Council Chambers at City Hall, 990 Palm Street, San Luis Obispo.

APPROVED BY COUNCIL: XX/XX/2022

1 Council Minutes
November 2, 2022, 5:30 p.m.

City Hall, 990 Palm Street, 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, City Attorney Christine Dietrick _____________________________________________________________________

1. CALL TO ORDER
A Special Closed Session Meeting of the San Luis Obispo City Council was called to order on November 2, 2022 at 5:30 p.m. in the FIT Conference Room located in City Hall, San Luis Obispo, by Mayor Stewart.

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

None
--End of Public Comment--

3. CONFERENCE WITH LABOR NEGOTIATORS
Action: City Attorney Christine Dietrick stated no reportable action was taken by the City Council.

4. ADJOURNMENT
The meeting was adjourned at 7:30 p.m. The next Regular Meeting of the City Council will be held on November 15, 2022 at 5:30 p.m. in the Council Chambers at City Hall, 990 Palm Street, San Luis Obispo.

APPROVED BY COUNCIL: XX/XX/2022

Item 5c
Department: Community Development
Cost Center: 4006, 8305
For Agenda of: 11/15/2022
Placement: Consent
Estimated Time: NA
FROM: Michael Codron, Community Development Director
Keith Aggson, Fire Chief
Prepared By: Michael Loew, Deputy Building Official
Rodger Maggio, Chief Building Official/Fire Marshal
SUBJECT: SECOND READING OF ORDINANCE NO. 1723 (2022 SERIES) AMENDING CHAPTERS 15.02 AND 15.04 (BUILDING REGULATIONS)

OF THE MUNICIPAL CODE

RECOMMENDATION
Adopt Ordinance No. 1723 (2022 Series) entitled, “An Ordinance of The City Council of The City of San Luis Obispo, California, amending Title 15 of the Municipal Code to adopt by reference and amend the latest edition of the California Building Standards Code and adopting findings of fact to support the amendments,” which will restructure chapters

15.02 and 15.04 of the Municipal Code and reference the 2022 editions of the California Code of Regulations Title 24, the 1997 editions of the Uniform Housing Code and the Uniform Code for Abatement of Dangerous Buildings, and the 2021 edition of the International Property Maintenance Code, with amendments.

POLICY CONTEXT
Updated building codes ensure the safety of the built environment. This is mandated by State law and adoption and implementation of the codes is supported by goals and policies in the City’s Housing Element and Safety Element.

DISCUSSION
On November 1, 2022, the City Council voted to introduce Ordinance No. 1723 (2022 Series), which amends chapters 15.02 and 15.04 of the San Luis Obispo Municipal Code to update the referenced standards to recognize the 2022 edition of California Code of Regulations Title 24 as the local Building Construction and Fire Prevention Code with an effective enforcement date of January 1, 2023. The ordinance also restructures chapter

15.02 and 15.04 but, with exception to six newly proposed amendments, Ordinance No. 1723 (2022 Series) does not alter or change local enforcement beyond what is required by the minimum standards set forth by the State of California.

Item 5c
Typographical Errors
City staff has corrected typographical errors, as described during the staff presentation at the City Council meeting on November 1, 2022. The errors identified were found under sections 15.02.080, 15.02.120, and 15.02.140. At Council’s direction, staff also updated amendments to say, “The City of San Luis Obispo,” to clearly distinguish the City’s locally adopted standards from the County.

Council Direction
During the staff presentation at the City Council meeting on November 1, 2022, Council directed staff to add clarifying language to the newly proposed amendment found under Chapter 15.04.090 Amendment H, Subsection 305.6.3. The additional language requires the Fire Code Official to produce written findings to support the closure of spaces designated as Hazardous Fire Areas, gives examples of findings that would justify the basis for such a decision, and requires the Fire Code Official to obtain written consent from the City Manager if the closure must remain in place longer than 5 days (120 hours).

The updated language will read as follow:
305.6.3 Order closing area to entry; Exceptions; Enforcement.

Whenever it is necessary in the interest of public peace or safety, the Fire Chief, with the consent of the owner of any lands designated as a hazardous fire area, may declare such lands closed to entry by any person. Any public highway traversing such a hazardous fire area, shall, however, be excluded from the order of closure, and the closure to entry does not prohibit or curtail the entry or use of the lands by the owner of the lands or his agent, nor the entry by any federal, state, county of city officer upon the closed area in the performance of their official duties.

City law enforcement officers shall enforce the order of closure. The Fire Chief shall promulgate written findings supporting the declaration to close an area and setting forth the projected duration of the closure. The findings shall articulate with specificity the basis for the action, considering factors including, but not limited to:
weather conditions (wind, temperatures, relative humidity); fuel loading; topography; and community threat. The continuation of any order issued pursuant to this section lasting longer than 5-days (120 hours) shall be reviewed with and approved in writing by the City Manager until the order is rescinded.

Public Engagement
Public engagement has been conducted and will be ongoing throughout implementation as well as after the codes become effective on January 1, 2023. Specifically, the items in this report were discussed and presented at the Developer’s Roundtable Zoom Meeting on September 22, 2022, a recording of which has been uploaded to the Community Development webpage. It was also discussed during the quarterly Construction Board of Appeals meeting on October 25, 2022

CONCURRENCE
The Public Works Department concurs with amended flood proofing and grading provisions. The Community Development and Fire Departments jointly prepared and support the proposed ordinance.

Item 5c

ENVIRONMENTAL REVIEW
The project is exempt from environmental review per CEQA Guidelines under the General Rule (Section 15061(b)(3)). The project involves updates and revisions to existing regulations. The proposed code amendments are consistent with California Law, specifically the CA Health & Safety Code Sections 17958.7 and 18941.5. It can be seen with certainty that the proposed Municipal Code text amendments will have no significant effect on the environment.

FISCAL IMPACT
Budgeted: No Budget Year: 2022-23
Funding Identified: No
Fiscal Analysis:

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

Total $NA $NA $NA $NA
There are no significant fiscal impacts to report. The adoption of the local amendments does not increase the cost of enforcing the regulations mandated by the State.

Furthermore, the current operating budget has the capacity to absorb the costs for new code books and training necessary for staff to be effective in enforcing any new standards.

ALTERNATIVES
The Council may elect to adopt the CA Building Standards Code without some or all the proposed local amendments. This action is not recommended by staff because the Title 24 CCR will become the minimum mandated building and construction standards statewide on January 1, 2023. Choosing not to adopt amendments will result in a decreased level of life safety elements that are necessary to maintain a safe and healthy built environment with the unique topographical, climatic, and geological conditions that exist in the City of San Luis Obispo.

ATTACHMENTS
A - Ordinance No. 1723 (2022 Series)

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ORDINANCE NO. 1723 (2022 SERIES)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, AMENDING TITLE 15 OF THE MUNICIPAL

CODE TO ADOPT BY REFERENCE AND AMEND THE LATEST EDITION

OF THE CALIFORNIA BUILDING STANDARDS CODE AND ADOPTING

FINDINGS OF FACT TO SUPPORT THE AMENDMENTS
WHEREAS, the State of California adopts and updates the California Building Standards Code on a triennial basis, which constitutes the building and fire code regulations applicable to all occupancies throughout the State; and WHEREAS, the State has published the 2022 Edition of the California Building Standards Code, comprised of various model codes and State amendments, which will become effective on January 1, 2023; and
WHEREAS, pursuant to California Health and Safety Code Section 17958.5, local jurisdictions are permitted to amend the California Building Standards Code as reasonably necessary based on local climatic, geological or topographical conditions, provided such amendments are not less restrictive than the requirements found in the State codes; and
WHEREAS, California Health and Safety Code Sections 17958.7 and 18941.5 require the City Council to make express findings that each such amendments are reasonably necessary; and
WHEREAS, such findings must be made available as a public record and a copy thereof, with each such amendment, shall be filed with the California Building Standards Commission and/or the Department of Housing and Community Development; and WHEREAS, it is the desire and intent of the City Council of the City of San Luis Obispo to provide citizens with the greatest degree of fire, life, and structural safety in buildings in the most cost effective manner by adopting that body of regulations referred to as the California Building Standards Code with amendments specific to the City of San Luis Obispo.

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

SECTION 1. Environmental Determination. The project is exempt from environmental review per CEQA Guidelines under the General Rule (Section 15061(b)(3)). The project involves updates and revisions to existing regulations. The proposed code amendments are consistent with California Law, specifically the California Health & Safety Code Sections 17958.7 and 18941.5. It can be seen with certainty that the proposed Municipal Code text amendments will have no significant effect on the environment.

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SECTION 2. The findings justifying previous changes and modifications to the adopted construction and fire codes as contained in Ordinance No. 1033 (1985 Series), Ordinance No. 1105 (1987 Series), Ordinance No. 1169 (1990 Series), Ordinance No. 1170 (1990 Series), Ordinance No. 1213 (1992 Series), Ordinance No. 1287 (1995 Series), Ordinance No. 1288 (1995 Series), Ordinance No. 1336 (1998 Series), Ordinance No. 1353 (1999 Series), Ordinance No 1423 (2002 Series), Ordinance No. 1453 (2004 Series), Ordinance 1510 (2007 Series), Ordinance 1555 (2010 Series), Ordinance 1595 (2013 Series), Ordinance 1630 (2016 Series), Ordinance 1670 (2019 Series) are hereby re-affirmed, but are otherwise hereby superseded by this ordinance to the extent inconsistent herewith.

SECTION 3. The provisions of the State Building Standards Code are hereby modified, changed, and amended as provided for in this ordinance based upon the foregoing findings and those set forth herein and said Council takes said action because of the public interest in protecting life and preserving public safety and property.

SECTION 4. Findings. The City Council finds that each amendment referred to in the ordinance are reasonably necessary because of local climatic, geological, or topographical conditions in the area encompassed by the boundaries of the City of San Luis Obispo.

SECTION 5. Chapter 15.02 of the San Luis Obispo Municipal Code is hereby amended in its entirety to read as follows:

SECTION 15.02.010 ADOPTION OF CODES
The City of San Luis Obispo hereby adopts a Building Construction and Fire Prevention Code of the City of San Luis Obispo, 2023, hereinafter designated as the "San Luis Obispo Building Construction and Fire Prevention Code, 2023." SECTION 15.02.020. BUILDING STANDARDS.

The City of San Luis Obispo hereby adopts the 2022 California Building Code as Part 2 of the San Luis Obispo Building Construction and Fire Prevention Code, 2023. Except as otherwise provided herein, or as later amended in Section 15.04.020, Part 2 of the San Luis Obispo Building Construction and Fire Prevention Code, 2023, shall be as published in the California Building Code Volumes 1 and 2, 2022 edition, and as copyrighted in 2021 by the International Code Council, Inc. and the California Building Standards Commission, California Code of Regulations, Title 24, Part 2, Volumes 1 and 2, including all of its tables, indices, addenda, footnotes, and the following appendices:
 Appendix C – Group U – Agricultural Buildings
 Appendix F – Rodent Proofing
 Appendix G – Flood-Resistant Construction
 Appendix I – Patio Covers

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 Appendix J – Grading
 Appendix L – Earthquake Recording Instrumentation
 Appendix N – Replicable Buildings
 Appendix O – Emergency Housing
Said California Building Code is hereby referred to and by such references are incorporated herein as if fully set forth.

SECTION 15.02.025. RESIDENTIAL STANDARDS.

The City of San Luis Obispo hereby adopts the 2022 California Residential Code as Part

2.5 of the San Luis Obispo Building Construction and Fire Prevention Code, 2023. Except as otherwise provided herein, or as later amended in Section 15.04.025, Part 2.5 of the San Luis Obispo Building Construction and Fire Prevention Code, 2023, shall be as published in the California Residential Code, 2022 edition, and as copyrighted in 2021 by the International Code Council, Inc. and the California Building Standards Commission, California Code of Regulations, Title 24, Part 2.5, including all of its tables, indices, addenda, footnotes, and appendices adopted by the State of California. Said California Residential Code is hereby referred to and by such reference is incorporated herein as if fully set forth.

SECTION 15.02.030. ELECTRICAL STANDARDS.

The City of San Luis Obispo hereby adopts the 2022 California Electrical Code as Part 3 of the San Luis Obispo Building Construction and Fire Prevention Code, 2023. Except as otherwise provided herein, or as later amended in Section 15.04.030, Part 3 of the San Luis Obispo Building Construction and Fire Prevention Code, 2023, shall be as published in the California Electrical Code, 2022 edition, and as copyrighted in 2020 to the National Fire Protection Association, Inc. and the California Building Standards Commission, California Code of Regulations, Title 24, Part 3, including all of its tables, indices, appendices, addenda, annexes and footnotes. Said California Electrical Code is hereby referred to and by such reference is incorporated herein as if fully set forth.

SECTION 15.02.040. MECHANICAL STANDARDS.

The City of San Luis Obispo hereby adopts the 2022 California Mechanical Code as Part 4 of the San Luis Obispo Building Construction and Fire Prevention Code, 2023. Except as otherwise provided herein, or as later amended in Section 15.04.040, Part 4 of the San Luis Obispo Building Construction and Fire Prevention Code, 2023, shall be as published in the California Mechanical Code, 2022 edition, and as copyrighted in 2021 by the International Association of Plumbing and Mechanical Officials and the California Building Standards Commission, California Code of Regulations, Title 24, Part 4, including all of its tables, indices, addenda, footnotes, and the following appendices:
 Appendix A – Residential Plans Examiner Review Form for HVAC System Design  Appendix B – Procedures to be Followed to Place Gas Equipment in Operation  Appendix C – Installation and Testing of Oil (Liquid) Fuel-Fired Equipment

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 Appendix D – Fuel Supply: Manufactured/Mobile Home Parks and Recreational Vehicle Parks
 Appendix F – Geothermal Energy Systems
 Appendix G – Sizing of Venting Systems and Outdoor Combustion and Ventilation Opening Design
 Appendix H – Example Calculation of Outdoor Air Rate
Said California Mechanical Code is hereby referred to and by such reference is incorporated herein as if fully set forth.

SECTION 15.02.050. PLUMBING STANDARDS.

The City of San Luis Obispo hereby adopts the 2022 California Plumbing Code as Part 5 of the San Luis Obispo Building Construction and Fire Prevention Code, 2023. Except as otherwise provided herein, or as later amended in Section 15.04.050, Part 5 of the San Luis Obispo Building Construction and Fire Prevention Code, 2023, shall be as published in the California Plumbing Code 2022 edition, and as copyrighted in 2021 by the International Association of Plumbing and Mechanical Officials and the California Building Standards Commission, California Code of Regulations, Title 24, Part 5, including all of its tables, indices, addenda, footnotes, and the following appendices:
 Appendix A – Recommended Rules for Sizing the Water Supply System  Appendix B – Explanatory Notes on Combination Waste and Vent Systems  Appendix C – Alternate Plumbing Systems
 Appendix D – Sizing Storm Water Drainage Systems
 Appendix E – Manufactured/Mobile Home Parks and Recreational Vehicle Parks  Appendix G – Sizing of Venting Systems
 Appendix H – Private Sewage Disposal Systems
 Appendix I – Installation Standards
 Appendix J – Combination of Indoor and Outdoor Combustion and Ventilation Opening Design
 Appendix K – Potable Rainwater Catchment Systems
 Appendix M – Peak Water Demand Calculator
 Appendix N – Impact of Water Temperature on The Potential for Scalding and Legionella Growth
Said California Plumbing Code is hereby referred to and by such reference is incorporated herein as if fully set forth.

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SECTION 15.02.060. ENERGY STANDARDS
The City of San Luis Obispo hereby adopts the 2022 California Energy Code as Part 6 of the San Luis Obispo Building Construction and Fire Prevention Code, 2023. Except as otherwise provided herein, or as later amended in Section 15.04.060, or affected by San Luis Obispo Health and Safety Code Chapter 8.11, Part 6 of the San Luis Obispo Building Construction and Fire Prevention Code, 2023, shall be as published in the California Energy Code 2022 edition, and as copyrighted by the California Building Standards Commission, California Code of Regulations, Title 24, Part 6, including all of its tables, indices, appendices, addenda and footnotes. Said California Energy Code is hereby referred to and by such reference is incorporated herein as if fully set forth.

SECTION 15.02.070. Reserved
SECTION 15.02.080. HISTORICAL BUILDING STANDARDS
The City of San Luis Obispo hereby adopts the 2022 California Historical Building Code as Part 8 of the San Luis Obispo Building Construction and Fire Prevention Code, 2023.

Except as otherwise provided herein, or as later amended in Section 15.04.080, Part 8 of the San Luis Obispo Building Construction and Fire Prevention Code, 2023, shall be as published in the California Historical Building Code 2022 edition, and as copyrighted by the California Building Standards Commission, California Code of Regulations, Title 24, Part 8, including all of its tables, indices, appendices, addenda and footnotes. Said California Historical Building Code is hereby referred to and by such reference is incorporated herein as if fully set forth.

SECTION 15.02.090. FIRE PREVENTION STANDARDS
The City of San Luis Obispo hereby adopts the 2019 California Fire Code as Part 9 of the San Luis Obispo Building Construction and Fire Prevention Code, 2023. Except as otherwise provided herein, or as later amended in Section 15.04.090, Part 9 of the San Luis Obispo Building Construction and Fire Prevention Code, 2023, shall be as published in the California Fire Code, 2022 edition, and as copyrighted in 2021 by the International Code Council, Inc. and the California Building Standards Commission, California Code of Regulations, Title 24, Part 9, including all of its tables, indices, addenda, footnotes, and the following appendices:
 Appendix Chapter 4 – Special Detailed Requirements Based on Use and Occupancy
 Appendix B – Fire-flow Requirements for Buildings
 Appendix BB – Fire-flow Requirements for Buildings
 Appendix C – Fire Hydrant Locations and Distribution
 Appendix CC – Fire Hydrant Locations and Distribution  Appendix D – Fire Apparatus Access Roads
 Appendix E – Hazard Categories
 Appendix F – Hazard Ranking

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 Appendix G – Cryogenic Fluids-Weight and Volume Equivalents  Appendix H – Hazardous Materials Management Plans and Hazardous Materials Inventory Statements
 Appendix I – Fire Protection Systems-Noncompliant Conditions  Appendix J – Building Information Sign
 Appendix K – Construction Requirements for Existing Ambulatory Care Facilities  Appendix M – High-Rise Buildings-Retroactive Automatic Sprinkler Requirement  Appendix N – Indoor Trade Shows and Exhibitions
 Appendix O – Temporary Haunted Houses, Ghost Walks and Similar Amusement Uses
 Appendix P – Community Wildland-Urban Interface (WUI) Fire Hazard Evaluation Framework
Said California Fire Code is hereby referred to and by such reference is incorporated herein as if fully set forth.

SECTION 15.02.100. EXISTING BUILDING STANDARDS
The City of San Luis Obispo hereby adopts the 2022 California Existing Building Code as Part 10 of the San Luis Obispo Building Construction and Fire Prevention Code, 2023.

Except as otherwise provided herein, or as later amended in Section 15.04.100, Part 10 of the San Luis Obispo Building Construction and Fire Prevention Code, 2023, shall be as published in the California Existing Building Code 2022 edition, and as copyrighted in 2021 by the International Code Council, Inc. and the California Building Standards Commission, California Code of Regulations, Title 24, Part 10, including all of its tables, indices, appendices, addenda and footnotes. Said California Existing Building Code is hereby referred to and by such reference is incorporated herein as if fully set forth.

SECTION 15.02.110. GREEN BUILDING STANDARDS
The City of San Luis Obispo hereby adopts the 2022 California Green Building Standards Code as Part 11 of the San Luis Obispo Building Construction and Fire Prevention Code, 2023. Except as otherwise provided herein, or as later amended in Section 15.04.110, Part 11 of the San Luis Obispo Building Construction and Fire Prevention Code, 2023, shall be as published in the California Green Building Standards Code, 2022 edition, and as published in 2022 by the International Code Council, Inc. and the California Building Standards Commission, California Code of Regulations, Title 24, Part 11, including all of its tables, indices, addenda, footnotes, and appendices adopted by the State of California.

Said California Green Building Standards Code is hereby referred to and by such reference is incorporated herein as if fully set forth.

SECTION 15.02.120. REFERENCED STANDARDS
The City of San Luis Obispo hereby adopts the 2022 California Referenced Standards Code as Part 12 of the San Luis Obispo Building Construction and Fire Prevention Code, 2023. Except as otherwise provided herein, or as later amended in Section 15.04.120,

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Part 12 of the San Luis Obispo Building Construction and Fire Prevention Code, 2023, shall be as published in the California Referenced Standards Code, 2022 edition, and as published in 2022 by the International Code Council, Inc. and the California Building Standards Commission, California Code of Regulations, Title 24, Part 12, including all of its tables, indices, appendices, addenda and footnotes. Said California Referenced Standards Code is hereby referred to and by such reference is incorporated herein as if fully set forth.

SECTION 15.02.130. PROPERTY MAINTENANCE STANDARDS
The City of San Luis Obispo hereby adopts the 2021 International Property Maintenance Code as Part 13 of the San Luis Obispo Building Construction and Fire Prevention Code, 2023. Except as otherwise provided herein, or as later amended in Section 15.04.130, Part 13 of the San Luis Obispo Building Construction and Fire Prevention Code, 2023, shall be as published in the International Property Maintenance Code, 2021 edition, and as published in 2021 by the International Code Council, Inc., including all of its tables, indices, appendices, addenda and footnotes. Said International Property Maintenance Code is hereby referred to and by such reference is incorporated herein as if fully set forth.

SECTION 15.02.140. HEALTH AND SAFETY STANDARDS
The City of San Luis Obispo hereby adopts the 1997 Editions of the Uniform Housing Code and the Uniform Code for the Abatement of Dangerous Buildings as Part 14 of the San Luis Obispo Building Construction and Fire Prevention Code, 2023. Except as otherwise provided herein, or as later amended in Section 15.04.140, Part 14 of the San Luis Obispo Building Construction and Fire Prevention Code, 2023, shall be as published in the Uniform Housing Code and the Uniform Code for the Abatement of Dangerous Buildings, 1997 edition, and as published by the International Conference of Building Officials including all of its tables, indices, appendices, addenda and footnotes. Said Uniform Housing Code and the Uniform Code for the Abatement of Dangerous are hereby referred to and by such reference are incorporated herein as if fully set forth.

SECTION 15.02.150 VIOLATION PENALTIES
Persons who shall violate a provision of the California Fire Code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars or by imprisonment not exceeding one year, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense
SECTION 6. Chapter 15.04 of the San Luis Obispo Municipal Code is hereby amended in its entirety to read as follows:

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CHAPTER 15.04 AMENDMENTS TO THE BUILDING CONSTRUCTION AND FIRE

PREVENTION CODE
SECTION 15.04.010 BUILDING OFFICIAL AND FIRE CODE OFFICIAL DESIGNATED The Chief Building Official is hereby designated as the building official and code official for the City of San Luis Obispo. The Fire Chief is hereby designated as the fire code official for the City of San Luis Obispo. Where the “authority having jurisdiction” is used in the adopted codes, it shall mean the building official or fire code official, as applicable.

SECTION 15.04.020 AMENDMENTS; BUILDING STANDARDS
A. Amend Chapter 1, Division II, Section 101.1 to read as follows:
101.1 Title. These regulations shall be known as the Building Code of The City of San Luis Obispo, hereinafter referred to as “this code.” B. Amend Chapter 1, Division II, Section 103.1 to read as follows:
103.1 Creation of enforcement agency. The Building and Safety Division is hereby created and the official in charge thereof shall be known as the building official. The function of the agency shall be the implementation, administration and enforcement of the provisions of this code.

C. Add Chapter 1, Division II, Section 104.10.2 to read as follows 104.11.5 Alternate Means and Methods Fee. When a request for approval of an Alternate Means and Methods is proposed under Section 104.10, an Alternate Means and Methods fee shall be paid at the time of submitting the documents for review. Said fee shall be in accordance with the schedule as established by the applicable governing authority.

D. Add Chapter 1, Division II, Section 104.12 to read as follows:
104.12 Airspace subdivisions. The building official shall have the authority to apply the building ordinances of the City of San Luis Obispo and those building regulations mandated by State law to be enforced by the local agency to buildings and structures containing one or more airspace lots as defined in this code so as to treat the entirety of such buildings or structures as if they were on or within a single lot, provided:

1. That such buildings or structures or portions thereof would otherwise conform to such ordinances and regulations, but for the creation of such airspace lots; and

2. That a covenant agreement, in a form designed to run with the land and satisfactory to the Community Development Director, be recorded with the Office of County Recorder and a copy filed with the Community

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Development Department by the owners binding themselves and future owners and assigns to keep, preserve and maintain all portions of such buildings or structures in accordance with and pursuant to such building ordinances and regulations.

E. Amend Chapter 1, Division II, Section 105.2 Building items 1, 2 and 5 to read as follows:

Work exempt from permit.

Building:

1. One –story detached accessory structures associated with an R-3 occupancy building used as tool and storage sheds, playhouses and similar uses, provided the floor area is not greater than 120 square feet (11 m2).

Maximum building height shall be 12 ft. above grade to highest point of structure. Such structure must comply with all provision of Title 17 of the Municipal Code. It is permissible that these structures still be regulated by Section 710A, despite exemption from permit.

2. Fences not over 6 feet high constructed of conventional lightweight materials including wood, vinyl, and wrought iron.

5. A water tank or a group of water tanks intended for storage of irrigation water only supported directly on grade if the capacity does not exceed 600 gallons in total on a parcel, the height does not exceed seven feet, and the ratio of height to width does not exceed 2:1 (provided that water tanks with minor ratio deviances may be allowed under this section in the discretion of the Chief Building Official, subject to review of the deviation by the Chief Building Official and verification that such minor deviations do not adversely impact structural stability), and it is not visible from the public right-of way that abuts the front yard.

F. Amend Chapter 1, Division II, Section 105.3.2 to read as follows:
105.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 180 days. The extension shall be requested in writing and justifiable cause demonstrated. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee if additional review by the City is necessary. An application for a permit that is abandoned after adoption of new mandatory building codes by the State may not be extended and must comply with the new regulations.

G. Add Chapter 1, Division II, Section 105.3.3 to read as follows:
105.3.3 Plan review fees. When submittal documents are required by Section 107.1, a plan review fee shall be paid at the time of submitting the submittal

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documents for plan review. Said plan review fee shall be in accordance with the schedule as established by the applicable governing authority. 105.3.3.1 Retaining Walls. Separate plan review fees shall apply to permits for retaining walls and major drainage structures in conjunction with grading.

For excavation and fill on the same site, the plan review fee for grading shall be based on the volume of excavation or fill, whichever is greater. 105.3.3.2 Separate Fees. The plan review fees specified in this section are separate fees from the permit fees specified in Section 109.2 and are in addition to the permit fees.
105.3.3.3 Incomplete Submittals. Where submittal documents are incomplete or changed so as to require additional plan review, or where the project involves deferred submittal items as defined in Section 107.3.4.1, an additional plan review fee may be charged at a rate established by the applicable governing authority.

H. Amend Chapter 1, Division II, Section 105.5 to read as follows:
105.5.1 Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 12 months after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 12 months after the time the work is commenced. Work shall be deemed abandoned if an inspection required to be performed under the work authorized by the permit is not approved within 12 months of the most recent prior approved inspection. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. A permit that is abandoned after adoption of new mandatory building codes by the State may not be extended and must be submitted for review to comply with the new regulations.
105.5.2 Code Violations Expiration. Permits issued to correct code violations pursuant to a code enforcement case shall be valid for a period of 90 days. Extensions to the permit may be granted at the discretion of the building official. Performance or approval of a required inspection will not automatically extend the permit.

I. Amend Chapter 1, Division II, Section 105.7 to read as follows:
105.7 Placement and Posting of Permit. A copy of the issued job posting card shall be displayed on the construction site within 20 feet of the curb and shall be visible and accessible to the public from the public right of way until completion of the project.

J. Amend Chapter 1, Division II, Section 109.4 to read as follows:
109.4 Work Commencing Before Permit Issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or

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plumbing system before obtaining the necessary permits shall be subject to a special investigation fee. Special Investigation fees are equal to 100% of the normally established permit fee and are in addition thereto, unless a lessor amount is determined to be appropriate by the building official. The building official may waive all or a portion of the special investigation fee in the following cases:

1. Where a property owner inherits unpermitted construction through the purchase of a property and voluntarily seeks a permit following initial discovery or notification of the violation.

2. When a property owner commences emergency repairs to protect life or property without first obtaining a permit during an emergency situation such as a natural disaster or severe weather conditions, provided that the property owner obtains a permit for such repairs as soon as practicable thereafter and no enforcement action is required.

3. In other cases where the building official determines that unpermitted work did not result from an intent to avoid compliance with building codes or permit requirements.

K. Add Chapter 1, Division II, Sections 109.4.1 to read as follows:
109.4.1 Code Enforcement Investigation Fee. When work requiring a permit is discovered and through the investigation of the Code Enforcement Division a person obtains the necessary permits to correct the work performed, a Code Enforcement Fee will be required at a rate established by the applicable governing authority. This fee is in addition to the Special Investigation Fee.

L. Add Chapter 1, Division II, Sections 111.3.1 to read as follows:
111.3.1 Temporary Certificate of Occupancy Fee. When an applicant wishes to receive permission to occupy a structure and they have not completed the work required under their permit and they request a temporary certificate of occupancy for limited use of the building, a fee shall be required for preparation of the agreement and certificate for the limited use of the building. Such fee shall be set at a rate established by the applicable governing authority. Additional inspections required to verify compliance with the temporary occupancy shall be required to be paid in advance at the current hourly inspection rate.

M. Add Chapter 1, Division II, Sections 112.4 and 112.5 to read as follows:
112.4 Underground utility services. All new electric, telephone, television, and other communication service connections, for all new, altered, or enlarged buildings shall be provided by underground wiring. Extension of electric or communication distribution lines to serve such projects shall be by underground wiring.

Exceptions:

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1. A building located in residential or conservation/open space zone established by the jurisdiction's zoning regulations, provided that there are existing buildings on the property that are served by overhead connection lines.

2. Replacement or relocation of electric service equipment served by existing overhead wiring.

3. Where determined by the building official to be impractical or infeasible within the standards and practices of the utility or other companies providing such services.

Where the utility or other company's distribution system is underground, the service lines shall terminate at a connection point designated by the utility company. Where the utility or other company's distribution is overhead, the service lines shall terminate as a pole riser on a pole designated by the utility company.
112.5 Storage of solid waste containers. All new Group R, Division 3 occupancies shall provide a space adequate in size to store and screen all solid waste (trash, recycling and green waste) containers when viewed from the public right-of-way. The storage area shall have minimum dimensions of 3 feet (914 mm) by 8 feet (2438 mm) or 6 feet (1829 mm) by 6 feet (1829 mm) and shall not conflict with required parking spaces. If the storage area is located in the front yard setback established by other ordinances, the storage area shall be screened by a fence, partition or other enclosure in compliance with maximum height limitations. In no case shall a partition or enclosure required by this section be less than 48 inches (1219 mm) above adjacent grade.

N. Amend Chapter 1, Division II, Section 113 to read as follows:
113.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the building official, code official or fire code official relative to the application and interpretations of the California Building Standards Code, the Uniform Housing Code, the Uniform Code for the Abatement of Dangerous Buildings, and the International Property Maintenance Code, there shall be and is hereby created a Board of Appeals.

Said Board shall also serve as the Housing Appeals Board and the Local Accessibility Appeals Board referenced in the California Building Standards Code. The building official or fire code official shall be an ex officio member and shall act as secretary to said board but shall have no vote upon any matter before the board. The Board of Appeals shall be appointed by the applicable governing authority and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the building official.
113.2 Limitations on authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted hereunder

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have been incorrectly interpreted, the provisions of this code do not fully apply or an equally good or better form or construction is proposed. The board shall have no authority to waive requirements of this code. For appeals relating to accommodations for the disabled, the authority of the board shall include the ability authorize reasonable alternatives to disabled access requirements imposed by the California Building Standards Code.
113.3 Qualifications. The board of appeals shall consist of seven members, five of which who are qualified by experience and training to pass on matters pertaining to building construction and building service equipment, hazards of fire, explosions, hazardous conditions or fire protection systems and are not employees of the jurisdiction. For matters subject to the appeal process referenced in H & S Code 19957.5 paragraph (b) regarding accommodations for persons with physical disabilities, the board of appeals shall include two additional members who shall be persons with disabilities as defined in the California Building Code.

O. Add Chapter 1, Division II, Section 113.5 of to read as follows:
113.5 Fees. A fee titled “Appeal of Building Official Decision”, or “Access Board of Appeals” shall be collected for appeal of a decision of the building official, code official or fire code official to the appropriate board of appeals.

P. Amend Chapter 1, Division II, Section 116.1 of to read as follows:
116.1 Conditions. Structures or existing equipment that are or hereafter become unsafe, unsanitary or deficient because of inadequate means of egress facilities, inadequate light and ventilation, or which constitute a fire hazard, or are otherwise dangerous to human life or public welfare, or that involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. Unsafe structures shall be taken down and removed or made safe, as the building official deems necessary and as provided for in this section and the Uniform Housing Code, the Uniform Code for the Abatement of Dangerous Buildings, and the International Property Maintenance Code, as adopted. A vacant structure that is not secured against entry shall be deemed unsafe.

Q. Add the following definitions to Section 202:

Boarding House. A building arranged or used for lodging for compensation, with or without meals, and not occupied as a single-family unit. A boarding house may have only one kitchen or facility for eating and cooking and such facility must be accessible to all residents or guests. See also definition of Congregate Residence.

Lot, Airspace. A division of the space above or below a lot with finite width, length and upper and lower elevation occupied or to be occupied by a use, building or portion thereof, group of buildings or portions thereof, and accessory buildings or portions thereof, or accessory uses. An Airspace lot shall be identified on a final map or a parcel map in the office of the County Recorder

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with a separate and distinct number or letter. An Airspace lot shall have access to appropriate public rights of way by means of one or more easements or other entitlements to use in a form satisfactory to the Chief Building Official and the City Engineer.

Rainwater Harvesting System. A storm drainage collection system that collects rainwater from the roof area of a structure or structures as recommended by the American Rainwater Catchment System Association (ARCSA) guidelines or an equivalent standard as approved by the Building Official and the San Luis Obispo County Environmental Health Department.

See also definition of Rainwater Catchment System.

Subdivision, Airspace. An airspace subdivision shall be as defined in Chapter 16 of the San Luis Obispo Municipal Code.

R. Add Section 602.1.2 to read as follows:
602.1.2 Commercial fire zone. Construction of interior walls, floors, ceilings and partitions as a part of additions or alterations to any existing building or structure located within the commercial fire zone shown in Figure 6- A shall be constructed with 5/8" Type "X" gypsum wallboard or its equivalent regardless of all other lesser minimum requirements to the contrary.

Exception: Buildings protected throughout by an approved automatic fire sprinkler system.

FIGURE 6-A – COMMERCIAL FIRE ZONE

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S. Amend Section 705.11 by addition of item 7 to the Exceptions to read as follows:

7. The building is protected throughout by an approved automatic fire sprinkler system.

T. Amend Section 903.1.1 to read as follows:
903.1.1 Minimum Sprinkler Coverage. Unless the fire official approves an alternative automatic fire-extinguishing system complying with section 904, an approved automatic fire sprinkler system shall be installed in accordance with sections 903.1.1.1 through 903.1.1.6:

U. Add Sections 903.1.1.1 through 903.1.1.6 to read as follows 903.1.1.1 New Buildings. An approved automatic fire sprinkler system shall be installed throughout new buildings.

Exceptions:

1. Buildings containing Groups A, B, E, F, H-4, M, S, and U occupancies where floor area is not more than 1000 square feet (92.9 m2), unless located in the commercial fire zone shown in Figure 6-A.

2. Buildings of non-combustible construction located in the commercial fire zone shown in Figure 6-A containing Groups A, B, E, F, H-4, M, S, and U occupancies where floor area is not more than 1000 square feet (92.9 m2).

3. Buildings located in the commercial fire zone shown in Figure 6-A containing Groups A, B, E, F, H-4, M, S, and U
occupancies where floor area is not more than 1000 square feet (92.9 m2) and the building is entirely surrounded by yards or public ways not less than 20 feet (6096 mm) in width. 903.1.1.2 Existing Buildings. An approved automatic fire sprinkler system shall be installed throughout an existing building whenever alterations or additions result in an increase of more than 1000 square feet (92.9 m2) of floor area, including mezzanines or additional stories, or whenever the cost of alterations to an existing building having a floor area of more than 1000 square feet (92.9m2) exceeds 50 percent of the replacement cost of the building as determined by the building official. The cost of alteration and increase in floor area shall include all corresponding data from permits issued to the building for the previous five years.

Exception: Group R, Division 3 and Group U occupancies. 903.1.1.3 Additions. An approved automatic fire sprinkler system shall be installed throughout additions to existing buildings equipped with an automatic fire sprinkler system.

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903.1.1.4 Change of Use. An approved automatic fire sprinkler system shall be installed throughout an existing building where there is an occupancy classification change for floor area exceeding 1000 square feet (92.9m2). The provisions of Section 3406.1 shall not eliminate the requirement for an automatic fire sprinkler system.

Exceptions:

1. An attached Group U occupancy changed to a Group R,
Division 3 occupancy, provided the building was constructed before July 7, 1990 and there is no increase in floor area.

2. Occupancy classification changes to Groups F, M, S, and U from an equivalent category as defined in previous editions of this code.
903.1.1.5 Buildings with Plastics. An approved automatic fire sprinkler system shall be installed throughout in buildings where cellulose nitrate film or pyroxylin plastics are manufactured, stored or handled. 903.1.1.6 Floor Area Calculation. For the purpose of requiring the automatic fire sprinkler systems specified in this chapter, the floor area within the surrounding exterior walls together with the floor area within the horizontal projection of the roof shall be considered as one building.

V. Amend Sections 903.3.1.1 and 903.3.1.1.1 with all locations identified in this section to read as follows:
903.3.1.1 NFPA 13 sprinkler systems. Where other provisions of this code require that a building or portion thereof be equipped throughout with an automatic sprinkler system in accordance with this section or where a building is considered as mixed occupancy due to the presence of two or more uses that are classified into different occupancy groups, sprinklers shall be installed throughout in accordance with NFPA 13 as amended in Chapter 35 except as provided in Section 903.3.1.1.1 through 903.3.1.1.3. Sprinkler system designs referenced in Sections 903.3.5.2 and 903.3.8 shall require special approval by the fire code official.
903.3.1.1.1 Exempt locations. In other than Group I-2, I-2.1 and I-3 occupancies, automatic sprinklers shall not be required in the following rooms or areas where such rooms or areas are protected with an approved alternative automatic fire extinguishing system in accordance with Section 904. Sprinklers shall not be omitted from any room merely because it is damp, of fire-resistancerated construction or contains electrical equipment.

W. Amend Section 903.4 to read as follows, with Exceptions to remain:
903.4 Sprinkler system supervision and alarms. All valves controlling the water supply for automatic sprinkler systems, pumps, tanks, water levels and temperatures, critical air pressures, and water-flow switches on all sprinkler systems shall be electrically supervised by a central station service listed by

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Underwriters Laboratories for receiving fire alarms in accordance with NFPA

72. The central station shall contact and notify the police/fire dispatch center immediately on notification of an alarm and prior to making contact with the protected premises.

X. Amend Section 903.4.3 and add Exception to read as follows:
903.4.3 Isolation control valves. Approved supervised indicating control valves shall be provided at the point of connection to the riser on each floor in all buildings two or more stories in height or in single-story buildings having a gross floor area of 10,000 square feet or more zoned into no more than 5,000 square- foot areas for the purpose of maintaining system integrity for life safety and evacuation.

Exception: Isolation control valves may be omitted in buildings equipped with an automatic fire extinguishing system installed in accordance with Section 903.3.1.3.

Y. Amend Section 905.3.1 to read as follows, with Exceptions to remain:
905.3.1 Building Height. Class III standpipe systems shall be installed throughout buildings where the floor level of the highest story is located more than 30 feet (9144 mm) above the lowest level of the fire department vehicle access, or where the floor level of the lowest story is located more than 30 feet (9144 mm) below the highest level of fire department vehicle access and in any parking structure exceeding one level above or one level below grade.

Z. Amend Section 907.6.6 to read as follows:
907.6.6 Monitoring. Fire alarm systems required by this chapter or by the California Building Code or the California Fire Code shall be monitored by an approved central station service listed by Underwriters Laboratory for receiving fire alarms in accordance with NFPA 72. The central station shall contact and notify the police/fire dispatch center immediately on notification of an alarm and prior to making contact with the protected premises.

Exception: Supervisory service is not required for:

1. Single and multiple station smoke alarms required by Section 907.2.11.

2. Group I-3 occupancies shall be monitored in accordance with Section 907.2.6.3.

3. Automatic sprinkler systems in one and two-family dwellings.

AA. Add Section 910.3.2.1 to read as follows:
910.3.2.1 Sprinklered buildings. Where installed in buildings equipped with an approved automatic sprinkler system, smoke and heat vents shall be designed to operate automatically by actuation of a heat responsive device

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rated at least 100 degrees above the operating temperature of the sprinkler heads.

BB. Add Section 1506.3.1 to read as follows:
1506.3.1 Wood shake and shingle roof covering limitations. Wood shake or shingle roof coverings shall not be installed on any building.

Exception: A wood shake or wood shingle system listed as a Class Arated roof covering.

CC. Amend Section 1612.3 to read:
1612.3 Establishment of flood hazard areas. To establish flood hazard areas, the applicable governing authority shall adopt a flood hazard map and supporting data. The flood hazard map shall include, at a minimum, areas of special flood hazard as identified by the Federal Emergency Management Agency in an engineering report entitled “The Flood Insurance Study for the City of San Luis Obispo” dated May 16, 2017 (Revised), as amended or revised with the accompanying Flood Insurance Rate Map (FIRM) and Flood Boundary and Floodway Map (FBFM) and related supporting data along with any revisions thereto. The adopted flood hazard map and supporting data are hereby adopted by reference and declared to be part of this section.

DD.Add Section 1804.4.2 to read as follows:
1804.4.2 Drainage. Provisions shall be made for the control and drainage of surface water around buildings. Drainage systems necessary shall be adequate to prevent water from entering and accumulating under the building.

Drainage water from improvements and land contour changes shall not drain onto or across adjacent properties except in recorded drainage easements or natural waterways.

EE. Add Section 1809.7.1 to read as follows:
1809.7.1 Depth of isolated footings. Isolated footings and piers, exterior of perimeter foundation, shall have a minimum depth of 24 inches (609.6 mm) below the lowest adjacent natural undisturbed grade.

FF. Modify Table 1809.7 to read as follows:

TABLE 1809.7
FOOTINGS SUPPORTING WALLS OF LIGHT-FRAME CONSTRUCTION a b c d e h
NUMBER

OF FLOORS

WIDTH OF

FOOTING
(inches)

THICKNESS
OF

FOOTING

DEPTH BELOW
GRADE
(inches)

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SUPPORTED BY
THE FOOTING f
(inches) Perimeter
Interior
1 12 6 21 12
2 15 8 24 18
3 18 8
g 30 24
a
Depth of footings shall be in accordance with Section 1809.4. b The ground under the floor shall be permitted to be excavated to the elevation of the top of the footing.
c
Interior stud bearing walls shall be permitted to be supported by isolated footings. The footing width and length shall be twice the width shown in this table and the footings shall be spaced not more than 6 feet on center. d See section 1905 for additional requirements for concrete footings of structures assigned to Seismic Design Category C, D, E or F. e For thickness of foundation walls see section 1807.1.6. f Footings shall be permitted to support a roof in addition to the stipulated number of floors. Footings supporting roofs only shall be as required for supporting one floor. Slabs supported on grade need not be considered a floor for purposes of footing depths and widths.
g Plain concrete footings for Group R-3 occupancies shall be permitted to be 6 inches thick.
h A grade beam 12" in width shall be provided at garage openings. Depth shall be as specified in this table.

GG. Amend Section 1907 to read as follows:
1907.1 General. The thickness of concrete floor slabs supported directly on the ground shall be not less than 4 inches (101.6 mm). Concrete floor slabs shall be underlain with a minimum of 4 inches (101.6 mm) of clean granular material. A 6-mil (0.006 inch; 0.15 mm) polyethylene vapor retarder with joints lapped not less than 6 inches (152 mm) shall be placed between the base course or subgrade and the concrete floor slab, or other approved equivalent methods or materials shall be used to retard vapor transmission through the floor slab.

Exception: A vapor retarder is not required:

1. For detached structures accessory to occupancies in Group R-3, such as garages, utility buildings or other unheated facilities.

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2. For unheated storage rooms having an area of less than 70 square feet (6.5 m2) and carports attached to occupancies in Group R-3.

3. For buildings or other occupancies where migration of moisture through the slab from below will not be detrimental to the intended occupancy of the building.

4. For driveways, walks, patios and other flatwork which will not be enclosed at a later date.

5. Where approved based on local site conditions.
1907.2 Minimum reinforcing. Minimum reinforcing for slabs on grade shall be No. 3 bars at 24 inches (609.6 mm) on center each way placed at midpoint of slab thickness. Slab reinforcement shall extend to within 2 inches (50.8 mm) of the exterior edge of slabs.
1907.3 Slab to foundation connection. Tie bar reinforcing between slabs on grade and foundation stem walls shall be No. 3 bars at 24 inches (609.6 mm) on center, placed in foundation walls and bent at least 24 inches (609.6 mm) into the slabs and tied to the slab reinforcing.

Exception: Floating slabs justified by an engineered design. 1907.4 Moisture content. Moisture content for expansive soils shall be 100 percent of optimum to a depth of 18 inches (609.6 mm) below slab bottoms and shall be maintained until slabs are poured. Soils under slabs shall be tested for moisture content and slabs shall be poured within 24 hours of obtaining the required moisture content. The area under raised floors need not be premoistened.
1907.5 Penetrations. Openings in slabs on grade for bathtub piping and traps, planters or other similar uses shall be sealed with concrete not less than 2 inches (50.8 mm) in thickness.

Exception: Plastic tub boxes may be used in lieu of concrete if properly sealed around all edges and pipe penetrations.

HH. Add Sections 3109.3 through 3109.5 to read as follows:
3109.3 Access to pool. Pools shall be accessible by means of ladders or steps. There shall be not less than one such access for each 300 square feet (27.87 m2) of pool area equally distributed around the perimeter. 3109.4 Lighting. Pools shall be equipped with artificial lighting adequate to illuminate all underwater areas.
3109.5 Abandoned pools. A pool that is not used, is neglected, and is a hazard to health and safety, shall be filled to the satisfaction of the building official. Before filling, holes shall be made in the bottom of the pool to insure proper drainage. Abandoned pools determined to be unsafe by the building

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official shall be abated in accordance with the International Property Maintenance Code.

II. Amend Appendix Section G103.2 to read as follows:

G103.2 Establishment of flood hazard areas. Flood hazard areas are established in the current edition of the City of San Luis Obispo’s Flood Insurance Rate Maps. All construction work within designated flood hazard areas shall comply with the Floodplain Management Regulations contained in San Luis Obispo Municipal Code Section 17.78.

For the enforcement provisions of this appendix for flood resistant construction under the purview of the City Engineer, Building Official may mean City Engineer.

JJ. Amend the title of Appendix Section G109 to read as:
“BUILDINGS AND MANUFACTURED HOMES”
KK. Amend Appendix Section G109.1 to read as follows:

G109.1 Elevation. All new and replacement buildings and/or manufactured homes to be built, placed or substantially improved within a flood hazard area shall comply with the Floodplain Management Regulations contained in San Luis Obispo Municipal Code Section 17.78.

LL. Amend Appendix Section G114.3 to read as follows:

G114.3 Elevation. Utility and miscellaneous Group U buildings and structures, including substantial improvement of such buildings or structures, shall comply with the Floodplain Management Regulations contained in San Luis Obispo Municipal Code Section 17.78.

MM. Amend Appendix Section G114.6 to read as follows:

G114.6 Protection of mechanical and electrical systems. New or replacement electrical equipment, heating, ventilating, air conditioning, and other service facilities shall be either protected or elevated to at least 1 foot above base flood elevation in conformance to San Luis Obispo Municipal Code Section 17.78. Sewer laterals shall be protected with backwater valves where the finish floor of the structure is located less than 1’ above the BFE at the next upstream sewer manhole.

NN. Amend Appendix Section J101.1 to read as follows:

J101.1 Scope. The provisions of this chapter apply to grading, excavation and earthwork construction, including fills, embankments, and work within waterways. Where conflicts occur between the technical requirements of this chapter and the geotechnical report, the geotechnical report shall govern. This

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appendix recognizes the importance of the waterways of the city and the need to regulate all changes to these waterways.

For the enforcement provisions of this appendix for grading in new subdivisions under the purview of the City Engineer, building official shall mean city engineer.

OO. Add Appendix Sections J101.3 through J101.7 to read as follows:

J101.3 Hazardous conditions. Whenever the building official determines that any existing excavation or embankment or fill on private property has become a hazard to life and limb, or endangers property, or adversely affects the safety, use or stability of a public way or drainage channel, the owner of the property upon which the excavation or fill is located, or other person or agent in control of said property, upon receipt of notice in writing from the building official, shall within the period specified therein repair or eliminate such excavation or embankment so as to eliminate the hazard and be in conformance with the requirements of this code.

J101.4 Dust control. All graded surfaces shall be wetted, protected or contained in such manner as to prevent dust or spill upon any adjoining property or street.

J101.5 Emergency grading. The building official may authorize emergency grading operations upon any site when necessary for the protection of the public health, safety and welfare. Other city departments may take emergency action necessary to protect public facilities.

J101.6 Special grading standards. The topography of a site proposed for development shall remain substantially in its natural state. Mass recontouring shall not be allowed. In all cases the average cross slope of a site shall be determined prior to any grading operations or approval of any grading plan.

Where a site does not slope uniformly, the building official or city engineer shall determine average cross slope by proportional weighting of the cross slopes of uniformly sloping subareas. The percentage of the site, exclusive of building area, to remain in its natural state shall be in accordance with Table J101.6.

All graded planes shall be rounded on all edges to blend with natural slopes.

The rounded edges shall have a radius equal to one-half the height of the cut or fill slope.

Exception: Grading specifically approved and/or conditioned in conjunction with a tentative subdivision map, development proposal, or similar entitlement consistent with General Plan policies and other hillside standards is not subject to the specific grading limitations noted in this section.

J101.7 Approval for building construction. Prior to commencement of any building construction, pursuant to a building permit for the graded site, a benchmark shall be provided to verify that the building site is graded in

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conformance with the approved grading plan. No building construction shall be started until the building official, or city engineer has verified that the rough grading conforms to the approved plan, including any interim or permanent erosion control measures deemed necessary.

PP. Amend Appendix Section J102 by addition of the following definitions:

AVERAGE CROSS SLOPE shall mean the ratio, expressed as a percentage, of the vertical difference in elevation to the horizontal distance between two points on the perimeter of the area, with the line connecting the two points being essentially perpendicular to the contours between the two points. Different portions of any area may have different average cross slopes.

WATERWAY shall mean a well-defined natural or manmade channel, creek, river, lake or swale that conveys surface water, storm runoff, or other natural drainage either year-round or intermittently.

QQ. Amend Appendix Section J103 to read as follows:

J103.1 Permits required. Except as exempted in Section J103.2, no grading shall be performed without first having obtained a permit therefore from the building official. A grading permit does not include the construction of retaining walls or other structures. A grading permit shall be required for all work within any waterway, including, but not limited to, earthwork, construction of drainage devices or erosion control devices, removal of vegetation and modifications of banks and the bottom of the waterway which may in the natural course of events lead to changes in flow characteristics. A grading permit shall be required for all work that will create a stockpile of any earth material, subject to the surety bond required by Section J103.4 to guarantee restoration of the site to a natural or other condition acceptable to the building official.

J103.2 Exempted Work. A grading permit shall not be required for the following:

1. Grading in an isolated, self-contained area, provided there is no danger to the public, and that such grading will not adversely affect adjoining properties.

2. Excavation for construction of a structure permitted under this code.

3. Cemetery graves.

4. Refuse disposal sites controlled by other regulations.

5. Excavations for wells, or trenches for utilities.

6. Mining, quarrying, excavating, processing, or stockpiling of rock, sand, gravel, aggregate, or clay controlled by other regulations, provided such operations do not affect the lateral support of, or significantly increase stresses in, soil on adjoining properties.

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7. Exploratory excavations performed under the direction of a registered design professional.

8. An excavation which does not exceed fifty cubic yards and (1) is less than 2 feet (610 mm) in depth or (2) does not create a cut slope greater than 5 feet (1524 mm) in height and steeper than 1 unit vertical to 2 units horizontal.

9. A fill less than 1 foot (305 mm) in depth and placed on natural terrain with a slope flatter than 1 unit vertical to 5 units horizontal, or less than 3 feet (914 mm) in depth, not intended to support structures, that does not exceed 50 cubic yards (38.3 m3) on any one lot and does not obstruct a drainage course.

10.Routine streambed silt removal and vegetation control approved by the City Engineer.

Exemption from the permit requirements of this appendix shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction.

J103.3 Early grading. A grading permit shall not be issued prior to issuance of a building permit for the project unless:

1. A tentative minor subdivision or tract map, use permit, architectural review commission project approval or similar authorization has been granted; and

2. Related street and utility grades have been established; and

3. A surety bond in accordance with Section J103.4 is deposited to guarantee restoration of the site to a natural or other condition acceptable to the building official should the project not proceed to completion.

J103.4 Bonds. The building official may require bonds in such form and amounts as may be deemed necessary to ensure that the work, if not completed in accordance with the approved plans and specifications, will be corrected to eliminate hazardous conditions or restore a graded site to the original condition. In lieu of a surety bond, the applicant may file a cash bond or instrument of credit with the building official in an amount equal to that which would be required in the surety bond.

The city engineer may require that bonds be posted to recover the full costs of any damage to public right-of-way which may occur because of the peculiar nature or large scope of the project, such as transportation of fill or heavy equipment on local streets not designed to accommodate the traffic.

RR.Amend Appendix Section J104.2 to read as follows:

J104.2 Site plan requirements. In addition to the provisions of Appendix Section 107, a grading plan shall show the existing grade and finished grade in

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contour intervals of sufficient clarity to indicate the nature and extent of the work and show in detail that it complies with the requirements of this code. The plans shall show the existing grade on adjoining properties in sufficient detail to identify how grade changes will conform to the requirements of this code. The plans shall show existing drainage conditions and drainage devices and all proposed changes thereto. The plans shall include the location and dimension of all trees on the site which are 3 inches (76.2 mm) in diameter or larger at the trunk, measured at 4.5 feet (1.37 m) above ground level, trees to be removed and trees to remain. A preservation plan shall be submitted for all trees to remain. The plans shall indicate where excess material, rocks, or rubble will be disposed of.

SS. Amend Appendix Section J110.1 to read as follows:

J110.1 General. All disturbed surfaces shall be prepared and maintained to control erosion.

Exception: Erosion control measures need not be provided on cut slopes not subject to erosion due to the erosion-resistant character of the materials.

Erosion control shall be installed as soon as practicable and prior to calling for final inspection. Erosion control plantings shall be established in accordance with City Engineering Standards and/or to the satisfaction of the Building Official.

TT. Add Appendix Table J101.6 as follows:

TABLE J101.6

GRADING TO REMAIN IN NATURAL STATE
Percent Average Cross
Slope
Percent of Site to Remain in
Natural State
0-5 0
6-10 25
11-15 40
16-20 60
21-25 80
26-30 90
Above 30 100
SECTION 15.04.025 AMENDMENTS; RESIDENTIAL STANDARDS
A. Amend Section R109.1.2 Exception to read as follows:

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Exception: Back-filling of ground-source heat pump loop systems tested in accordance with ASTM Standards prior to inspection shall be permitted.

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B. Amend Table R301.2(1) to read as follows:

GROUND
SNOW
LOADo

WIND DESIGN SEISMIC
DESIGN
CATEGORYf

SUBJECT TO DAMAGE FROM ICE BARRIER

UNDERLAYMENT
REQUIREDh
FLOOD
HAZARDSg
AIR

FREEZING
INDEXi
MEAN
ANNUAL
TEMPj
Speedd
(mph)
Topographic
effectsk
Special
wind
regionl
Windborne
debris
zonem
Weatheringa
Frost
line
depthb
Termitec
0 95 YES NO NO D Negligible 0
Very
high No
Refer to
Chapter

17.78 of
the SLO
Municipal
Code
0 59(oF)

MANUAL J DESIGN CRITERIA
Elevation
Altitude
correction
factor
Coincident
wet bulb
Indoor
winter
design drybulb
temperature
Indoor winter design
dry-bulb temperature
Outdoor winter design
dry-bulb temperature
Heating temperature
difference
250 0.993 63 70 70 35 35
Latitude Daily
range
Indoor
summer
design
relative
humidity
Indoor
summer
design
relative
humidity
Indoor summer design
dry-bulb temperature
Outdoor summer design
dry-bulb temperature
Cooling temperature
difference
35 MEDIUM 50% 50% 75 88 13

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C. Add Section R313.3.3.5 to read as follows:

R313.3.3.5 Sprinkler Activation Alarm. An alarm audible from all sleeping rooms shall be provided.

D. Amend Section R322.1 to read as follows:

R322.1 General. Buildings and structures constructed in whole or in part in flood hazard areas (including A or V Zones) identified in the current edition of the City of San Luis Obispo’s Flood Insurance Rating Map shall be designed and constructed in accordance with the provisions contained in this section and the flood plain management regulations contained in San Luis Obispo Municipal Code Section

17.78, whichever is more stringent. Buildings and structures located in whole or in part in identified floodways shall be designed and constructed in accordance with ASCE 24.

E. Add Section R337.1.1.1 to read as follows:

R337.1.1.1 Establishment of limits. The City of San Luis Obispo is considered a “Community at Risk” due to the threat of wildfire impacting the urban community.

The City shall continue to enhance the fire safety and construction codes for new buildings in order to reduce the risk of urban fires that may result from wildfires.

New buildings citywide shall incorporate the following construction methods and materials: Ignition resistant exterior wall coverings; Fire sprinkler protection in attic areas (at least one “pilot head”); Ember resistant vent systems for attics and under floor areas, protected eaves, and Class ‘A’ roof coverings as identified in the California Building Code Chapter 7A.

F. Delete Sections R403 and R404 and add R403.1 to read as follows:

R403.1 Foundations. The design of foundations to support structures regulated under the Part 2.5 of the San Luis Obispo Building Construction and Fire Prevention Code, 2023 shall be per Part 2 of the San Luis Obispo Building Construction and Fire Prevention Code, 2023, Section 1809 or 1810.

SECTION 15.04.030 AMENDMENTS; ELECTRICAL STANDARDS
A. Amend Section 230.70 (A)(1) to read as follows:
230.70 (A)(1) Readily Accessible Location. The service disconnecting means shall be installed at a readily accessible location either outside the building or other structure, or inside nearest the point of entrance of the service conductors. The disconnecting means shall be accessible to emergency personnel, either directly or by a remote actuating device, without requiring transit of the building interior. Dedicated electrical equipment rooms located at

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the building perimeter and providing direct access to the outside shall satisfy accessibility for emergency personnel.

SECTION 15.04.040 AMENDMENTS; MECHANICAL STANDARDS
A. Amend Section 104.3.2 to read as follows:
104.3.2 Plan Review Fees. Where a plan or other data is required to be submitted in accordance with Section 104.3.1, a plan review fee shall be paid at the time of submitting construction documents for review.

The plan review fees for mechanical system work shall be determined and adopted by this jurisdiction.

The plan review fees specific in this subsection are separate fees from the permit fees specified in the fee schedule adopted by this jurisdiction Where plans are incomplete or changed so as to require additional review, a fee shall be charged on an hourly basis at the rate established by this jurisdiction’s fee schedule.

B. Amend Section 104.4 to read as follows:
104.4 Permit Issuance. The application, construction documents, and other data filed by an applicant for a permit shall be reviewed by the Authority Having Jurisdiction. Such plans shall be permitted to be reviewed by other departments of this jurisdiction to verify compliance with applicable laws under their jurisdiction. Where the Authority Having Jurisdiction finds that the work described in an application for permit and the plans, specifications, and other data filled therewith are in accordance with the requirements of the code and other pertinent laws and ordinances and that all required fees have been paid, the Authority Having Jurisdiction shall issue a permit therefore to the applicant.

C. Delete Table 104.5 and amend section 104.5 to read as follows:
104.5 Fees. Fees shall be assessed in accordance with the provisions of this section and as set for in the applicable fee schedule adopted by this jurisdiction D. Amend section 105.2.6 to read as follows:
105.2.6 Reinspections. A reinspection fee shall be permitted to be assessed for each inspection or reinspection where such portion of work for which inspection is called is not complete or where required corrections have not been made.

This provision shall not be interpreted as requiring reinspection fees the first time a job is rejected for failure to be in accordance with the requirements of this code, but as controlling the practice for calling for inspections before the job is ready for inspection or reinspection.

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Reinspection fees shall be permitted to be assessed where the approved plans are not readily available to the inspector, for failure to provide access on the date for which the inspection is requested, or for deviating from plans requiring the approval of the Authority Having Jurisdiction.

In instances where reinspection fees have been assessed, no addition inspection of the work will be performed until the required fees have been paid.

SECTION 15.04.050 AMENDMENTS; PLUMBING STANDARDS.

A. Amend Section 104.3.2 to read as follows:
104.3.2 Plan Review Fees. Where a plan or other data is required to be submitted in accordance with Section 104.3.1, a plan review fee shall be paid at the time of submitting construction documents for review.

The plan review fees for mechanical system work shall be determined and adopted by this jurisdiction.

The plan review fees specific in this subsection are separate fees from the permit fees specified in the fee schedule adopted by this jurisdiction Where plans are incomplete or changed so as to require additional review, a fee shall be charged on an hourly basis at the rate established by this jurisdiction’s fee schedule
B. Amend Section 104.4 to read as follows:
104.4 Permit Issuance. The application, construction documents, and other data filed by an applicant for a permit shall be reviewed by the Authority Having Jurisdiction. Such plans shall be permitted to be reviewed by other departments of this jurisdiction to verify compliance with applicable laws under their jurisdiction. Where the Authority Having Jurisdiction finds that the work described in an application for permit and the plans, specifications, and other data filled therewith are in accordance with the requirements of the code and other pertinent laws and ordinances and that all required fees have been paid, the Authority Having Jurisdiction shall issue a permit therefore to the applicant.

C. Delete Table 104.5 and amend Section 104.5 to read as follows:
104.5 Fees. Fees shall be assessed in accordance with the provisions of this section and as set for in the applicable fee schedule adopted by this jurisdiction D. Amend Section 105.2.6 to read as follows:
105.2.6 Reinspections. A reinspection fee shall be permitted to be assessed for each inspection or reinspection where such portion of work for

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which inspection is called is not complete or where required corrections have not been made.

This provision shall not be interpreted as requiring reinspection fees the first time a job is rejected for failure to be in accordance with the requirements of this code, but as controlling the practice for calling for inspections before the job is ready for inspection or reinspection.

Reinspection fees shall be permitted to be assessed where the approved plans are not readily available to the inspector, for failure to provide access on the date for which the inspection is requested, or for deviating from plans requiring the approval of the Authority Having Jurisdiction.

In instances where reinspection fees have been assessed, no addition inspection of the work will be performed until the required fees have been paid.

E. Amend Section 314.4 to read as follows:
314.4 Excavations. All excavations shall be completely backfilled as soon after inspection as practicable. A layer of sand or fine gravel shall be placed in all sewer trenches to provide a leveling and laying bed for pipe. Adequate precaution shall be taken to ensure proper compactness of backfill around piping without damage to such piping. Trenches shall be backfilled in thin layers to twelve (12) inches (.3 m) above the top of the piping with clean earth which shall not contain stones, boulders, cinder fill, frozen earth, construction debris or other materials which would damage or break the piping or cause corrosive action. Mechanical devices such as bulldozers, graders, etc., may then be used to complete backfill to grade. Fill shall be properly compacted.

Suitable precautions shall be taken to ensure permanent stability for pipe laid in filled or made ground.

F. Amend Section 715.2 to read as follows:
715.2 Joining Methods and Materials. Joining methods and materials for building sewers shall be as prescribed in this code and shall only have joints that are glued, solvent cemented, heat fused or welded.

Exception: “Strongback” type couplings may be used when connecting new or replaced pipe to existing materials.

G. Add Section 1101.3.1 to read as follows:
1101.3.1 Rainwater Harvesting. Storm water drainage may be directed to an approved rainwater harvesting system and used as an alternate source of water for non-potable uses as approved by the Building Official and the San Luis Obispo County Environmental Health Department. The installation and use of such a system or systems must be designed to not interact with the potable water system, the building sanitary sewer or drainage systems that flow

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to any creek. Rainwater harvesting systems must be maintained in such manner as to not cause damage to neighboring properties.

H. Amend Section 1601.3, Exceptions: to read as follows:

Exceptions:
(1) A permit is not required for exterior rainwater catchment systems used for outdoor non-spray irrigation with a maximum storage capacity of 600 gallons where the tank is supported directly upon grade, the ratio of height to diameter or width does not exceed 2 to 1 (except as exempted by the Chief Building Official upon confirmation of structural stability), and it does not require electrical power or a makeup water supply connection, the height does not exceed seven feet, and it is not visible from the public rightof-way that abuts the front yard. (2) A permit is not required for exterior rainwater catchment systems used for spray irrigation with a maximum storage capacity of 360 gallons SECTION 15.04.060 AMENDMENTS; ENERGY STANDARDS (RESERVED).

SECTION 15.04.070 (RESERVED).

SECTION 15.04.080 AMENDMENTS; HISTORICAL BUILDING STANDARDS (RESERVED)
SECTION 15.04.090 AMENDMENTS; FIRE PREVENTION STANDARDS A. Amend Chapter 1, Division II, Section 101.1 to read as follows:
101.1 Title. These regulations shall be known as the Fire Code of the City of San Luis Obispo, may be cited as such and will be referred to herein as “this code”.

B. Amend Chapter 1, Division II, Section 103.1 to read as follows:
103.1 Creation of agency. The City of San Luis Obispo Fire Department is hereby created and the official in charge thereof shall be known as the fire code official. The function of the agency shall include the implementation, administration and enforcement of the provisions of this code.

C. Amend Chapter 1, Division II, Section 111 to read as follows:
111 Board of appeals established. In order to hear and decide appeals of orders, decisions or determinations made by the fire code official relative to the

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application and interpretation of this code, there shall be and is hereby created a board of appeals. The board of appeals shall be established as set forth in Chapter 1, Division II Section 113 of Part 2 of The City of San Luis Obispo Building Construction and Fire Prevention Code, as amended in Section

15.04.020 of the San Luis Obispo Municipal Code. The fire code official shall be an ex officio member of said board but shall have no vote on any matter before the board. The board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the fire code official.

D. Amend Chapter 1, Division II, Section 112.4 to read as follows:
112.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than 1,000 dollars or by imprisonment not exceeding one year, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

E. Amend Chapter 1, Division II, Section 111.4 to read as follows:
113.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than that established by Municipal Code Section 1.12.040.

F. Amend the definition of Sky Lantern in Section 202 to read as follows:

SKY LANTERN. An Airborne lantern typically made of paper with a wood frame containing a candle, fuel cell composed of waxy flammable material or other open flame which serves as a heat source to heat the air inside the lantern to cause it to lift into the air. Sky candles, fire balloons and airborne paper lanterns mean the same as sky lanterns.

G. Add Section 302.2 to read as follows:

HAZARDOUS FIRE AREA. As used in this Chapter: “Hazardous fire area” means any area which is designated as a hazardous fire area by the fire chief pursuant to Section 305.6.

H. Add Section 305.6 to read as follows:
305.6 Designation of territory as hazardous fire area by the Fire Chief.

Whenever the Fire Chief determines that a fire hazard exists in any area due to

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the presence of flammable material or cover, they may by regulation designate such area to be a hazardous fire area. The regulation shall declare the period of time during which the area shall be so designated.
305.6.1 Posting of notices.

Notice of the designation of each hazardous fire area shall be given by the posting of notices at intervals of not greater than 500 feet along the exterior boundaries of the area or along roads and official trails passing through the area.
305.6.2 Limitation on smoking or building campfires.

A person shall not smoke or build a campfire or other open fire within a hazardous fire area.
305.6.3 Order closing area to entry; Exceptions; Enforcement.

Whenever it is necessary in the interest of public peace or safety, the Fire Chief, with the consent of the owner of any lands designated as a hazardous fire area, may declare such lands closed to entry by any person. Any public highway traversing such a hazardous fire area, shall, however, be excluded from the order of closure, and the closure to entry does not prohibit or curtail the entry or use of the lands by the owner of the lands or his agent, nor the entry by any federal, state, county of city officer upon the closed area in the performance of their official duties. City law enforcement officers shall enforce the order of closure. The Fire Chief shall promulgate written findings supporting the declaration to close an area and setting forth the projected duration of the closure. The findings shall articulate with specificity the basis for the action, considering factors including, but not limited to: weather conditions (wind, temperatures, relative humidity); fuel loading; topography; and community threat. The continuation of any order issued pursuant to this section lasting longer than 5-days (120 hours) shall be reviewed with and approved in writing by the City Manager until the order is rescinded.

I. Amend Section 307.1.1 and 307.2 to read as follows:
307.1.1 Prohibited open burning. No waste matter, combustible material or refuse shall be burned in the open air within the city. Agricultural, ceremonial or similar types of fires may be approved when authorized by the fire code official.

Open burning, cooking or warming fires are prohibited on brush-covered public lands within the city.
307.2 Permit required. A permit shall be obtained from the fire code official in accordance with Section 105.6 prior to kindling a fire for recognized silvicultural or range or wildlife management practices, prevention or control of disease or pests. Application for such approval shall only be presented by and permits issued to the owner of the land upon which the fire is to be kindled.

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J. Amend Sections 307.4.1 and 307.4.2 to read as follows:
307.4.1 Bonfires. Bonfires shall be prohibited.
307.4.2 Recreational fires. Recreational fires shall be prohibited.

Exception: Recreational fires may be permitted in approved, noncombustible commercially built containers, measuring no more than 3 feet in diameter and 2 feet tall, raised at least 6 inches off the ground with noncombustible legs and having a non-combustible spark arrester screen with holes no larger than ¼ inch. The ground beneath this container shall be clear of combustible material for 10 feet in diameter, and 10 feet away from combustible construction. The material being burned shall be wood only and shall not include pressure treated lumber. A pre-connected garden hose shall be accessible.

K. Amend Section 308.1.6.3 to read as follows:
308.1.6.3 Sky lanterns. The ignition and launching of sky lanterns are prohibited.

Exception: Sky Lanterns may be used when all the following exist:
1) Approval is granted by the fire code official.
2) The sky lantern(s) is necessary for a religious or cultural ceremony 3) Adequate safeguards have been taken at the discretion of the fire code official.
4) The Sky lantern(s) is tethered in a safe manner to prevent them from leaving the area and must be constantly attended until extinguished.

L. Amend Section 405.8 to read as follows:
405.8Initiation. Where a fire alarm system is provided, emergency evacuation drills shall be initiated by activating the fire alarm system. Prior to initiating an alarm, the person initiating the alarm shall contact the fire alarm monitoring company and advise the company’s dispatcher of the fire drill. In cases where the fire alarm system is not monitored by a central station, notification shall be provided to the fire department dispatch center.

M. Amend Section 503.1.1 and 503.1.2 to read as follows:
503.1.1 Buildings and facilities. Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and shall extend to within 150 feet (45 720 mm) of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility.

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Exceptions: The fire code official is authorized to increase the dimension of 150 feet (45720 mm) to 300 feet (91440 mm) where:

1. The building is equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3.

2. Fire apparatus access roads cannot be installed because of topography, waterways, nonnegotiable grades or other similar conditions, and an approved alternative means of fire protection is provided.

3. There is not more than two Group R-3 or Group U Occupancies, provided, in the opinion of the fire code official, fire-fighting or rescue operations would not be impaired.
503.1.2 Additional access. The fire code official is authorized to require more than one fire apparatus access/egress road based on the potential for impairment of a single road by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access/egress.

N. Amend Section 503.2.2 to read as follows:
503.2.2 Authority. The fire code official shall have the authority to require or permit modifications to the required access widths where they are inadequate for fire or rescue operations or where necessary to meet the public safety objectives of the jurisdiction. Modifications shall include, but are not limited to, a temporary prohibition of vehicle parking along access roads when conditions are present or forecasted that would increase the risk to the community O. Amend Section 503.2.5 to read as follows:
503.2.5 Dead Ends. Dead-end fire apparatus access roads in excess of 150 feet (45 720 mm) in length shall be provided with an approved area for turning around fire apparatus.

Exception: Where buildings along the dead-end road are protected by an approved fire sprinkler system throughout, the distance may be increased to 300 feet (91 440 mm).

P. Amend Section 503.4.1 as follows:
503.4.1. Traffic calming devices. Traffic calming devices may be installed provided they obtain acceptance of the design and approval of the construction by the fire code official.

Q. Amend Section 505.1 to read as follows:

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505.1 Address numbers. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabetical letters. Numbers shall not be spelled out.

Numbers shall be a minimum of 5 inches (102 mm) high with a minimum stroke width of 0.5 inch (12.7 mm) or as otherwise determined necessary by the fire code official. Where required by the fire code official, address identification shall be provided in additional approved locations to facilitate emergency response. Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address identification shall be maintained.

R. Amend Section 507.2 to read as follows:
507.2 Type of water supply. A water supply shall consist of reservoirs, pressure tanks, elevated tanks, water mains or other fixed systems connected to the municipal water system and capable of providing the required fire-flow.

S. Amend Section 507.5.1 and delete Exceptions 1 to read as follows:
507.5.1 Where required. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 300 feet (91440 mm) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the fire code official.

T. Add Section 507.5.4.1 to read as follows:
507.5.4.1 Authority to remove obstruction. The fire code official and his authorized representatives shall have the power and authority to remove or cause to be removed, without notice, any vehicle, or object parked or placed in violation of the California Fire Code. The owner of any item so removed shall be responsible for all towing, storage and other charges incurred.

U. Amend Section 605.1.3 to read as follows:
605.1.3 Fuel Oil. The grade of fuel oil used in a burner shall be that for which the burner is approved and as stipulated by the burner manufacturer. Oil containing gasoline shall not be used.

V. Amend Section 605.9 to read as follows:
605.9 Gas meters. Above-ground gas meters, regulators and piping subject to damage shall be protected by a barrier complying with Section 312 or otherwise

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protected in an approved manner. Gas meters shall be permanently marked and identified as to the building or system served.

W. Amend Section 901.4.2 and Section 901.4.5 to read as follows:
901.4.2 Nonrequired fire protection systems. When approved by the fire code official, fire protection and life safety systems or portion thereof not required by this code, or the California Building Code shall be allowed to be furnished for partial or complete protection provided that such installed systems meet the applicable requirements of this code and the California Building Code. 901.4.5 Additional fire protection systems. In occupancies of a hazardous nature, where special hazards exist in addition to the normal hazards of the occupancy, or where the fire code official determines that access for fire apparatus is unduly difficult, or the location is beyond the four-minute response time of the fire department, the fire code official shall have the authority to require additional safeguards. Such safeguards include, but shall not be limited to, the following:
automatic fire detection systems, fire alarm systems, automatic fire extinguishing systems, standpipe systems, or portable or fixed extinguishers. Fire protection and life safety systems required under this section shall be installed in accordance with this code and applicable referenced standards.

X. Amend Section 901.6 to read as follows:

Section 901.6 Inspection, testing and maintenance. Fire protection and life safety systems shall be maintained in an operative condition at all times and shall be replaced or repaired where defective. Non-required fire protection systems and equipment shall be inspected, tested and maintained or removed in accordance with Section 901.8. No person shall cause a response of emergency personnel due to failure of notifying police/fire dispatch of any drill, testing, maintenance, installation of, repair or alteration to any fire protection system.

Y. Amend Section 903.2 to read as follows:

Where Required. Approved automatic sprinkler systems in new buildings and structures shall provided in locations as described in Section 903 of the San Luis Obispo Municipal Code Chapter 15.04.020.

Z. Add Sections 903.2.22 and 903.2.23 to read as follows:
903.2.22 Existing buildings in commercial fire zone. Existing buildings located in the commercial fire zone shown in Figure 9-A that are provided with an underground fire sprinkler lateral, shall have an automatic fire sprinkler system installed and operational within 24 months of the approval and acceptance of the lateral by the City.

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Exceptions:

1. The installation of an automatic fire sprinkler system required by Section 903.2.1 in a building of unreinforced masonry construction not strengthened by July 1, 2007 shall coincide with the strengthening dates established by Resolution #9890 (2007). City Council established dates range from 2008 to 2010 based on the relative hazard of the building.

2. An automatic fire sprinkler system required by Section 903.2.1 in a building of unreinforced masonry construction strengthened as required by Appendix Chapter 1 of the 1997 Uniform Code for Building Conservation, as amended, prior to July 1, 2007, shall be completed and operational by July 1, 2012.

3. An automatic fire sprinkler system required by Section 903.2.1 in a building of unreinforced masonry construction strengthened as required by Appendix Chapter 1 of the 1997 Uniform Code for Building Conservation, as amended, prior to October 1, 2004, shall be completed and operational by January 1, 2017.

FIGURE 9-A – COMMERCIAL FIRE ZONE
903.2.23 Notification. Whenever the fire code official determines that a building is subject to the minimum requirements of Section 903.2.22, the building

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owner shall be notified in writing that an automatic fire-sprinkler system shall be installed in the building.

The notice shall specify in what manner the building fails to meet the minimum requirements of Section 903.2.22. It shall direct that plans be submitted, that necessary permits be obtained, and that installation be completed by the specified date. The fire department shall serve the notice, either personally or by certified or registered mail, upon the owner as shown on the last-equalized assessment roll and upon the person, if any, in real or apparent charge or control of the building.

AA. Amend Sections 903.3.1.1 and 903.3.1.1.1 to read as follows, with all locations identified in section 903.3.1.1.1 to remain:
903.3.1.1 NFPA 13 sprinkler systems. Where other provisions of this code require that a building or portion thereof be equipped throughout with an automatic sprinkler system in accordance with this section and where a building is considered as mixed occupancy due to the presence of two or more uses that are classified into different occupancy groups, sprinklers shall be installed throughout in accordance with NFPA 13 as amended in Chapter 80 except as provided in Section 903.3.1.1.1 through 903.1.1.3.
903.3.1.1.1 Exempt locations. In other than Group I-2, I-2.1 and I-3 occupancies, automatic sprinklers shall not be required in the following rooms or areas where such rooms or areas are protected with an approved alternative automatic fire extinguishing system in accordance with Section 904. Sprinklers shall not be omitted from any room merely because it is damp, of fire-resistancerated construction or contains electrical equipment.

BB. Amend Section 903.4 to read as follows, with Exceptions to remain:
903.4 Sprinkler system supervision and alarms. All valves controlling the water supply for automatic sprinkler systems, pumps, tanks, water levels and temperatures, critical air pressures, and water-flow switches on all sprinkler systems shall be electrically supervised by a central station service listed by Underwriters Laboratories for receiving fire alarms in accordance with NFPA 72.

The central station shall contact and notify the police/fire dispatch center immediately on notification of an alarm and prior to making contact with the protected premises.

CC. Amend Section 903.4.3 and add Exception to read as follows:
903.4.3 Isolation Control Valves. Approved supervised indication control valves shall be provided at the point of connection to the riser on each floor in all buildings two or more stories in height or in single-story buildings having a gross floor area of 10,000 square feet or more zoned into no more than 5,000 square foot areas for the purpose of maintaining system integrity for life safety and evacuation.

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Exception: Isolation control valves may be omitted in building equipped with an automatic fire extinguishing system installed in accordance with Section 903.3.1.3.

DD. Amend Section 905.3.1 to read as follows, with Exceptions to remain:
905.3.1 Height. In other than Group R-3 and R-3.1 occupancies, Class III standpipe systems shall be installed throughout at each floor where any of the following occur.

1. Buildings where the floor level of the highest story is located more than 30 feet (9144 mm) above the lowest level of fire department vehicle access.

2. Buildings that are four or more stories in height.

3. Buildings where the floor level of the lowest story is located more than 30 feet (9144 mm) below the highest level of fire department vehicle access.

4. Buildings that are two or more stories below the highest level of fire department vehicle access.

5. In any parking structure exceeding one level above or one level below grade.

EE. Amend Section 907.6.6 to read as follows:
907.6.6 Monitoring. Fire alarm systems required by this chapter or by the California Building Code shall be monitored by an approved central station service listed by Underwriters Laboratory for receiving fire alarms in accordance with NFPA 72 and this section. The central station shall contact and notify the police/fire dispatch center immediately on notification of an alarm and prior to making contact with the protected premises.

Exception: Monitoring by a central station service is not required for:

1. Single- and multiple station smoke alarms required by Section 907.2.11.

2. Group I-3 occupancies shall be monitored in accordance with Section 907.2.6.3.

3. Automatic sprinkler systems in one- and two-family dwellings.

FF. Add Section 910.3.2.1 to read as follows:

Section 910.3.2.1 Sprinklered buildings. Where installed in buildings equipped with an approved automatic sprinkler system, smoke and heat vents shall be designed to operate automatically by actuation of a heat responsive device rated at least 100 degrees above the operating temperature of the sprinkler heads.

GG. Amend Section 1207.1 to read as follows:

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1207.1.1.1 Hazardous electrolyte thresholds. Stationary battery systems having an electrolyte capacity of more than 50 gallons (189 L) for flooded lead acid, nickel cadmium (Ni-Cd) and valve-regulated lead acid (VRLA), or 1,000 pounds (454 kg) for lithium0ion and lithium metal polymer, used for facility standby power, emergency power, or uninterrupted power supplies or the indoor storage of electric carts, cars, fork-lifts and similar equipment, shall comply with this section and Table 1207.1.1.

HH. Amend Section 2306.2 and delete 2306.2.6, to read as follows:
2306.2 Method of storage. Approved methods of storage for Class I, II and III liquid fuels at motor fuel-dispensing facilities shall be in accordance with Sections 2306.2 through 2306.2.5
II. Amend Section 2306.2.3 (3) to read as follows:

3. Tanks containing fuels shall not exceed 8,000 gallons (30,274 L) in individual capacity or 16,000 gallons (60,549 L) in aggregate capacity.

Installations with the maximum allowable aggregate capacity shall be separated from other such installations by not less than 100 feet (30 480 mm).

JJ. Amend Sections 2306.2.4 and 2306.2.4.1 to read as follows and delete Section 2306.2.4.2:
2306.2.4 Above-ground tanks located in above-grade vaults or below-grade vaults. Above-ground tanks used for storage of Class I, II, or III liquid motor fuels are allowed to be installed in vaults located above grade or below grade in accordance with Section 5704.2.8 and shall comply with Sections 2306.2.4.1 and 2306.2.4.2. Tanks in above-grade vaults shall also comply with Table 2306.2.3 and the fuel shall not be offered for resale.
2306.2.4.1 Tank capacity limits. Tanks storing Class I, II or III liquids at an individual site shall be limited to a maximum individual capacity of 8,000 gallons (30,274 L) and an aggregate capacity of 16,000 gallons (60,549 L).

KK. Amend Section 2306.2.6 items 1 and 6 to read as follows:

1. The special enclosure shall be liquid tight and vapor tight. A leak detectionmonitoring system capable of detecting liquid and providing an audible and visual alarm shall be installed and tested annually.

6. Tanks containing Class I, II, or III liquids inside a special enclosure shall not exceed 2,000 gallons (7569 L) in individual capacity or 6,000 gallons (22706 L) in aggregate capacity
LL. Amend Section 3311.1 to read as follows:

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Section 3311.1 Required access. Approved vehicle access for firefighting shall be provided to within 100 feet of temporary or permanent fire department connections all construction or demolition sites. Vehicle access shall be provided by either temporary or permanent roads, capable of supporting vehicle loading under all weather conditions to within 150 feet of all combustible building materials or construction. Vehicle access roads shall be maintained until permanent fire apparatus access roads are available.

MM. Amend Section 4901.1 to read as follows:
4901.1 Scope. This chapter contains minimum requirements to mitigate conditions that might cause a fire originating in a structure to ignite vegetation in the WildlandUrban Interface Fire Area, and conversely, a wildfire burning in vegetative fuels to transmit fire to buildings and threaten to destroy life, overwhelm fire suppression capabilities or result in large property losses. In determining requirements for properties located within the wildland-urban interface fire area, or as the entire City is within the ember zone, the fire code official may be guided by the requirements of the International Wildland-Urban Interface Code and National Fire Protection Association Standards.

NN. Amend Section 4902.1, definition of Wildland-Urban Interface Fire Area to read as follows:

Wildland-Urban Interface Fire Area: is a geographical area identified by the state as a “Fire Hazard Severity Zone” in accordance with the Public Resources Code Sections 4201 through 4204 and Government Code Section 51175 through 51189, or other areas designated by the enforcing agency to be at a significant risk from wildfires. Within the City of San Luis Obispo this includes those areas designated as local very high fire hazard severity zones.

OO. Amend Section 4905.3 to read as follows:
4905.3 Establishment of limits. The City of San Luis Obispo is considered a “Community at Risk” due to the threat of wildfire impacting the urban community.

The City shall continue to enhance the fire safety and construction codes for new buildings in order to reduce the risk of urban fires that may result from wildfires.

New buildings citywide shall incorporate the following construction methods and materials: Ignition resistant exterior wall coverings; Fire sprinkler protection in attic areas (at least one “pilot head”); Ember resistant vent systems for attics and under floor areas, protected eaves, and Class ‘A’ roof coverings as identified in the California Building Code Chapter 7A.

PP. Amend Section 5601.1 and add exceptions 11 and 12 to read as follows:

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5601.1 Scope. The provisions of this chapter shall govern the possession, manufacture, storage, handling, sale and use of explosives, explosive materials, fireworks, rockets, emergency signaling devices and small arms ammunition.

Manufacture, possession, storage, sale, transportation, handling or use of explosive materials and the manufacture of explosive material and/or all fireworks, including Safe and Sane as designated by the Office of the State Fire Marshal, is prohibited within the City.

Exceptions:

1. Through 10. To remain as written.

11.Use and handling of fireworks for display in accordance with Section 5601.1.3 exception (3) when authorized by the fire code official and in full compliance with Title 19, Division I, Chapter 6.

12.The transportation, handling or use of explosive materials in conjunction with a City permitted construction or demolition project, subject to approval of the fire code authority and conforming to the requirements of the California Code of Regulations, Title 19, Division 1, Chapter 10.

QQ. Add the following definition to Section 5702:

TANK, PROTECTED ABOVE GROUND. A tank listed in accordance with UL 2085 consisting of a primary tank provided with protection from physical damage and fire-resistive protection from a high-intensity liquid pool fire exposure. The tank may provide protection elements as a unit or may be an assembly of components, or a combination thereof.

RR. Amend Section 5704.2.7 and Delete the Exception to Section 5704.2.7.5.8 to read as follows:
5704.2.7 Design, fabrication and construction requirements for tanks. All tanks shall be protected tanks as defined in Section 5702. The design, fabrication, and construction of tanks shall comply with NFPA 30. Tanks shall be of doublewalled construction and listed by Underwriters Laboratories (UL). Each tank shall bear a permanent nameplate or marking indicating the standard used as the basis of design.
5704.2.7.5.8 Over-fill prevention. An approved means or method in accordance with Section 5704.2.9.7.5 shall be provided to prevent the over-fill of all Class I, II and IIIA liquid storage tanks. Storage tanks in refineries, bulk plants or terminals regulated by Sections 5706.4 or 5706.7 shall have over-fill protection in accordance with API 2350.

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An approved means or method in accordance with Section 5704.2.9.7.5 shall be provided to prevent the overfilling of Class IIIB liquid storage tanks connected to fuel-burning equipment inside buildings
SS. Amend 5704.2.8.3 to read as follows:
5704.2.8.3 Secondary containment. Vaults shall be liquid tight and there shall not be backfill around the tank or within the vault. The vault floor shall drain to a sump. For pre-manufactured vaults, liquid tightness shall be certified as part of the listing provided by a nationally recognized testing laboratory. For field-erected vaults, liquid tightness shall be certified in an approved manner.

TT. Add Section 5704.2.8.11.1 to read as follows:
5704.2.8.11.1 Monitoring and detection. Activation of vapor detection systems shall also shut off dispenser pumps. Monitoring and detection systems shall be inspected and tested annually.

UU. Amend Sections 5704.2.9 to read as follows:
5704.2.9 Above-ground tanks outside of buildings. Above-ground storage of flammable and combustible liquids in tanks outside of buildings shall comply with Section 5704.2 and Sections 5704.2.9.1 through 5704.2.9.7.9 and Section 2306.2.3, condition 3 as amended by this chapter.

VV. Amend Section 5704.2.13.1.4 to read as follows with items 1 through 6 to remain:
5704.2.13.1.4 Tanks abandoned in place. A tank owner/operator proposing to abandon a tank in place shall submit a permit application to the fire department for assessment of soil contamination around the tank and product, vent and vapor piping. If contamination is confirmed, a work plan for additional assessment or remediation shall be submitted to the fire department within 30 days. If a tank is approved for abandonment in place, the property owner will be required place a deed notice on the property. The deed notice shall be notarized and recorded with the San Luis Obispo County Clerk Recorder’s Office within 30 days of tank abandonment. Tanks abandoned in place shall be as follows:

WW.Amend 5706.2.4 and the Exception to Section 5706.2.4 to read as follows:
5706.2.4 Permanent and temporary tanks. The capacity of permanent aboveground tanks containing Class I, II or III liquids shall not exceed 1,100 gallons (4164L). The capacity of temporary aboveground tanks containing class I, II, or III liquids shall not exceed 8,000 gallons (30 274 L). Tanks shall be of the singlecompartment design, double-walled construction and shall be listed by Underwriters Laboratory (UL).

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Exception: Permanent aboveground tanks of greater capacity which meet the requirements of 5704.2, as amended, may be permitted when approved by the fire code official.

XX. Amend Section 5706.2.5 to read as follows:
5706.2.5 Type of tank. Tanks shall be listed for use by Underwriters Laboratory (UL), provided with top openings only, and overfill protection, and approved hoses/nozzles. Tanks shall be of double-walled construction or be provided with secondary containment. Elevated gravity discharge tanks shall be permitted only by approval of the fire code official.

YY. Amend Section 6104.2 to read as follows:
6104.2 Maximum capacity within established limits. The installation of any liquid petroleum gas (LPG) tank over 500 gallons (1892 L) water capacity is prohibited unless approved by the fire code official. In residential occupancies, LPG containers are limited to 5 gallons (19 L) for use in outdoor appliances.

ZZ. Amend Appendix Section B105.1 and the title of Table B105.1 (1) to read as follows:

B105.1One- and two-family dwellings. The minimum fire-flow and flow duration for one- and two-family dwellings shall be as specified in Tables B105.1 (1) and B105.1 (2).

Table B105.1(1)

REQUIRED FIRE-FLOW FOR ONE- AND TWO-FAMILY DWELLINGS
The remainder of the table is unchanged.

AAA. Amend the Exception to Appendix Section B105.2 to read as follows:

B105.2 Buildings other than one- and two-family dwellings. The minimum fireflow and flow duration for buildings other than one- and two-family dwellings shall be as specified in Table B105.1 (2).

Exception: A reduction in required fire-flow of up to 50 percent, as approved by the fire code official, may be allowed when the building is provided with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2. The resulting fire-flow shall not be less than 1,500 gallons per minute (5678 L/min) for the prescribed duration as specified in Table B105.1(2).

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BBB. Amend Appendix Section D103.1 and Add Exception to Figure D103.1 to read as follows:

D103.1 Access Road width with a hydrant. Where a fire hydrant is located on a fire apparatus road, the minimum road width shall be 26 feet (7925 mm). See Figure D103.1.

Exceptions to Figure D103.1: Cul-de-sac diameter may be a minimum of 70 feet as approved by the fire code official. Parking in cul-de-sacs of less than 96 feet in diameter shall be approved by the fire code official.

CCC. Amend Appendix Section D103.4, Table D103.4 and Figure D103.1 to read as follows:

D103.4 Dead ends. Dead-end fire apparatus access roads in excess of 150 feet shall be provided with width and turnaround provisions in accordance with Table D103.4, as amended.

Exception: Where buildings along the dead-end road are protected by an approved fire sprinkler system throughout, the distance may be increased to 300 feet (91 440 mm).

Table D103.4: The minimum fire apparatus turnaround cul-de-sac diameter shall be 70 feet, curb to curb, when posted “No Parking”.

DDD. Amend Appendix Section D103.6 through D103.6.2 to read as follows:

D103.6 Signs. Where required by the fire code official, fire apparatus roads shall be marked with permanent NO PARKING--FIRE LANE signs per city standards.

Signs shall be posted on one or both sides of the fire apparatus road as required by Section D103.6.1 or D103.6.2.

D103.6.1 Roads less than 28 feet in width. Fire apparatus roads 20 to less than 28 feet wide shall be posted on both sides as a fire lane.

D103.6.2 Roads 28 or greater feet in width. Fire apparatus roads 28 to less than 36 feet wide shall be posted on one side of the road as a fire lane.

EEE. Amend Appendix Section D104.1 to read as follows:

D104.1 Buildings exceeding three stories or 30 feet in height. Buildings or facilities exceeding 30 feet (9144 mm) or three stories in height shall have adequate means of fire department access for each structure as approved by the fire code official.

FFF. Amend the Exception to Appendix Section D104.2 to read as follows:

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D104.2 Buildings exceeding 62,000 square feet in area. Buildings or facilities having a gross building area of more than 62,000 square feet (5760 m2) shall be provided with two separate and approved fire apparatus access roads.

Exception: Buildings located in the commercial fire zone as shown on Figure 9-A of this code may be provided with fire apparatus access roads having a minimum width of 20 feet when approved by the fire code official.

GGG. Amend Appendix Section D105.2 by adding an exception to read as follows:

D105.2 Width. Aerial fire apparatus access roads shall have a minimum unobstructed width of 26 feet (7925 mm) in the immediate vicinity of any building or portion of a building more than 30 feet (9144 mm) in height.

Exception: Buildings located in the commercial fire zone as shown on Figure 9-A of this code may be provided with fire apparatus access roads having a minimum width of 20 feet when approved by the fire code official.

HHH. Amend Section D106.1 to read as follows:

D106.1 Projects having more than 100 dwelling units. Multiple-family residential projects having more than 100 dwelling units shall be equipped throughout with two separate and approved fire apparatus access roads.

III. Delete Appendix Section D106.2.

JJJ. Amend Appendix Section D107.1 and delete Exception 1 to read as follows:

D107.1 One- or two-family dwelling residential developments. Developments of one- or two-family dwellings where the number of dwelling units exceeds 30 shall be provided with separate and approved fire access roads and shall meet the requirements of D104.3. Where the number of dwelling units is less than 30, the fire code official may require additional access in accordance with Section 503.1.2.

Exception: The number of dwelling units accessed from a single fire apparatus access road shall not be increased unless fire apparatus access roads will connect with future development, as determined by the fire code official.

SECTION 15.04.100 AMENDMENTS; EXISTING BUILDING STANDARDS A. Amend Section A101.1 to read as follows:

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[BS] A101.1 Purpose. The purpose of this chapter is to promote public safety and welfare by reducing the risk of death or injury that may result from the effects of earthquakes on existing buildings of unreinforced masonry wall construction.

The provisions of this chapter are intended as minimum standards for structural seismic resistance established primarily to reduce the risk of life loss or injury.

Compliance with these standards will not necessarily prevent loss of life or injury or prevent earthquake damage to retrofitted buildings.

B. Amend Appendix Section A102.1 and add exceptions to read as follows:
[BS] A102.1 General. The provisions of this chapter shall apply to all existing buildings having at least one unreinforced masonry wall. The elements regulated by this chapter shall be determined in accordance with Table A102.1.

Except as provided herein, other structural provisions of the building code shall apply. This chapter does not apply to the alteration of existing electrical, plumbing, mechanical or fire safety systems.

Exceptions:

1. Warehouses or similar structures not used for human habitation unless housing emergency equipment or supplies.

2. A building having five living units or less.

C. Add the following definitions to Section A103:

LEVEL A STRENGTHENING of an unreinforced masonry building is compliance with the provisions of this chapter, limited to the removal of or bracing of parapets, installation of anchors between walls and roof, and installation of anchors between walls and floors.

LEVEL B STRENGTHENING of an unreinforced masonry building is compliance with all provisions of this chapter.

D. Amend Appendix Section A109.2 to read as follows:
[BS] A109.2 Selection of Procedure. Buildings shall be analyzed by the General Procedure of Section A110, which is based on Chapter 16 of the California Building Code, or when applicable, buildings may be analyzed by the Special Procedure of A111. Buildings with a substantially complete steel or concrete frame capable of supporting gravity dead and live loads and that utilize unreinforced masonry walls as non-bearing infill between frame members shall be analyzed by a procedure approved by the building official.

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Qualified historic structures may be analyzed per the California Building Standards Code, Part 8, California Historical Building Code.

E. Add new Section A115 entitled "Administrative Provisions" to read as follows:

SECTION A115

ADMINISTRATIVE PROVISIONS
A115.1 Compliance Requirements.

A115.1.1 Strengthening deadlines. The owner of a building within the scope of this chapter shall structurally alter the building to conform to Level B Strengthening within 24 months of receiving written notice from the building official.

A115.1.2 Permits. The owner of a building within the scope of this chapter shall submit a complete application for a building permit to strengthen the building to Level B requirements within 3 months of receiving written notification from the building official. The building permit shall be obtained within 6 months of receiving written notification from the building official and shall remain valid until required Level B strengthening work is completed per Section A115.1.1.

A115.1.3 Posting of sign. The owner of a building within the scope of this chapter shall post, at a conspicuous place near the primary entrances to the building, a sign provided by the building official stating “This is an unreinforced masonry building. Unreinforced masonry buildings may be unsafe in the event of a major earthquake”. The sign shall be posted within 30 days of receipt by the building owner per installation standards established by the building official.

A115.2 Notice and Order
A115.2.1 General. The building official shall, within 30 days of the determination that a building is of unreinforced masonry construction issue a notice and order as provided in this section to the owner of a building within the scope of this chapter.

A115.2.2 Service of notice and order. A notice or order issued pursuant to this section shall be in writing and shall be served either personally or by certified or registered mail upon the owner as shown on the last equalized assessment roll, and upon the person, if any, in apparent charge or control of the building. The failure of any such person to receive such notice or order shall not affect the validity of any proceedings taken

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under this chapter or relieve any such person from any duty or obligation imposed on him by the provisions of this chapter.

A115.2.3 Content of notice and order. The notice shall specify that the building has been determined by the building official to be within the scope of this chapter and, therefore, is subject to the minimum seismic standards of this chapter. The order shall direct the owner to obtain a building or demolition permit as required by this chapter and cause the building to be structurally altered to conform to the provisions of this chapter, or cause the building to be demolished. The notice or order shall be accompanied by a copy of Section A115.1, which sets forth the owner's responsibilities.

A115.3 Appeal. The owner of the building may appeal the building official's initial determination that the building is within the scope of this chapter to the Board of Appeals established by Chapter 1, Division II, Section 113 of the California Building Code, as adopted. Such appeal shall be filed with the Board within 60 days from the service date of the order described in Section A115.2.

Any appeal shall be decided by the Board no later than 90 days after filing and the grounds thereof shall be stated clearly and concisely. Appeals or requests for modifications from any other determinations, orders or actions by the building official pursuant to this chapter shall be made in accordance with the procedures established in Chapter 1, Division II, Section 104.10 of the California Building Code.

A115.4 Recordation. At the time that the building official serves the aforementioned notice, the building official shall also file and record with the office of the county recorder a certificate stating that the subject building is within the scope of this chapter and is a potentially earthquake hazardous building. The certificate shall also state that the owner thereof will be ordered to structurally analyze the building to determine compliance with this chapter.

If the building is either demolished, found not to be within the scope of this chapter, or is structurally capable of resisting minimum seismic forces required by this chapter as a result of structural alterations or an analysis, the building official shall file and record with the office of the county recorder a form terminating the status of the subject building as being classified within the scope of this chapter.

A115.5 Enforcement. If the owner in charge or control of the subject building fails to comply with any order issued by the building official pursuant to this chapter within the time limit set forth in Section A115.1, the building official shall verify that the record owner of this building has been properly served. If the order has been served on the record owner, then the following provisions apply:

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1. The building official may order that the entire building be vacated and that the building remain vacated until such order has been complied with. If compliance with such order has not been accomplished within 90 days after the date the building has been ordered vacated or such additional time as may have been granted by the Board of Appeals, the building official may order its demolition in accordance with the provisions of Sections 107, 108, and 109 of the International Property Maintenance Code.

2. Any person who violates any provision of this chapter is guilty of a misdemeanor, and is subject to the penalty as provided for in Chapter 1.12 of the City of San Luis Obispo Municipal Code. The City may also pursue alternative civil remedies as set forth in Section 1.12.090 of the Municipal Code.

A115.6 Program monitoring and annual report. If any unreinforced mason buildings are discovered, building official shall submit a report to the City Council outlining the progress to date concerning reduction of the hazards presented by the unreinforced masonry building inventory for the City. The report shall include:

1. The number of unreinforced masonry buildings strengthened, demolished, or otherwise eliminated from the inventory;

2. The number of unreinforced masonry buildings remaining on the inventory, including the status of orders issued pursuant to this Chapter that are not resolved.

A115.7 Automatic Fire Sprinkler Systems. Buildings within the scope of this chapter located in the commercial fire zone shown in Figure 9-A of the California Fire Code, as amended, shall install an automatic fire sprinkler system in conjunction with level B strengthening deadlines in accordance with Section 903.2.1 of the California Fire Code, as amended in Municipal Code Section 15.04.100, unless a later installation date is granted by both the building official and fire code official.

F. Add Appendix E to read as follows:

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Appendix E

DEMOLITION AND MOVING

OF BUILDINGS
SECTION E101

GENERAL
E101.1 Purpose. The purpose of this appendix is to establish minimum standards and procedures for the demolition and relocation (moving) of buildings and structures to safeguard life, property, health and public welfare.

It is also intended to ensure that moved buildings are structurally sound, sanitary, habitable, and that they will harmonize with existing development in the area to which they are to be moved.

E101.2 Scope. This appendix sets forth rules and regulations to control demolition and relocation operations, establishes the administrative procedures for review of an application to demolish or move a building, and provides for the issuance of permits.

E101.3 Appeals. Any person aggrieved by a decision made under the terms of this chapter may appeal such decision. For matters concerning the technical provisions of this code, such appeal shall be subject to the provisions of the Chapter 1, Division II Section 113 of the California Building Code; for all other matters, the appeal provisions of Chapter 1.20 of the Municipal Code shall apply.

SECTION E102

DEFINITIONS
Section E102 General. For the purposes of this appendix, certain terms, words and their derivatives shall be defined as specified in this section.

ARC means the Architectural Review Commission appointed by the City Council.

CHC means the Cultural Heritage Committee appointed by the City Council.

Demolition means the complete or partial removal of a structure.

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Foundation means the structure, usually of concrete, resting on or in the ground, including the footing, on which a building is erected.

Foundation wall means the walls of concrete or masonry that support a building.

Inventory of Historical Resources is the Master List of Historic Resources and the Listing of Contributing Properties within Historical Preservation Districts approved by the City Council.

Municipal Code means the San Luis Obispo Municipal Code.

Potential Historic Resource means a building which may meet the Criteria for Historic Listing found in the City of San Luis Obispo Historic Preservation Program, but which has not been evaluated or listed as an historic resource.

Slab means a flat piece of material, usually of concrete, placed on the ground for use as a building floor, patio, driveway, walk, ball court and/or similar uses.

Structure means any human made site feature, including signs, walls, fences, buildings, monuments, or similar features.

Substructure means the foundation of a building or structure including the piers and piles.

SECTION E103

PERMIT REQUIREMENTS
E103.1 Permit required. The demolition or relocation (moving) of any building or structure shall not commence until a permit has been issued by the building official in accordance with the provisions of this chapter and Chapter 1, Division II of the California Building Code.

Exception: Temporary construction offices.

A permit to move a building shall be a building permit when the building is relocated within the limits of the city. A permit to move a building shall be a demolition permit when the building is relocated to a site outside of the city limits.

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E103.2 Moving and Relocation of Buildings.

E103.2.1 Inspection of buildings to be moved. All buildings to be moved into or within the city shall be inspected by the building official to determine compliance with this code and suitability for moving prior to permit issuance.

E103.2.2 Transportation and building permits required. For moving projects, a transportation permit shall be obtained from the public works director subsequent to issuance of a moving permit. Building, plumbing, electrical, and mechanical permits shall be required for all work necessary for the placement of a moved or relocated building.

E103.3 Procedure for permit application processing. Prior to issuance of a permit to demolish or relocate a building or structure, the permit application shall be subject to the following:

1. Demolition or relocation of historical resource. For any structure located on a property listed on the Inventory of Historical Resources, an application for Architectural Review shall be submitted and require approval prior to issuance of a permit for building relocation or demolition. The application shall include plans for replacement structures, at the discretion of the Community Development Director.

2. Demolition or relocation of structure not designated historical. For any structure that is not located on a property listed on the Inventory of Historical Resources and that is over 50 years old, the Community Development Director shall determine if the structure or structures proposed for demolition are a potential historic resource. If the Community Development Director determines that the structure or structures is/are a potentially historic resource(s), the applicant shall submit an application for Architectural Review. If the Community Development Director determines the structure or structures not to be a potential historic resource, the applicant shall provide evidence that for a period of not less than 90 days from date of permit application, the building was advertised in a local newspaper on at least 3 separate occasions not less than 15 days apart, as available to any interested person to be moved; and submit historic documentation for the structure in accordance with criteria established by the Community Development Director and the Cultural Heritage Committee.

Exceptions for Structures Not Designated Historical:

1. A building or structure determined by the building official to be a dangerous building as defined in the International Property Maintenance Code which poses an imminent, serious threat to the

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health, safety or welfare of community residents or people living or working on or near the site, and for which historic documentation acceptable to the Community Development Director has been submitted.

2. Accessory buildings, sheds, garages, and similar structures, unless determined to be a potential historic resource by the Community Development Director.

E103.4 Guarantee. Prior to issuance of a permit to demolish or move a building or structure, the applicant shall provide the city with a guarantee in such form and amount as may be deemed necessary by the building official to assure completion of demolition or moving, removal of all debris, cleanup of the site, repair of damage to public improvements, erection of barricades when required and filling of depression below adjacent grade. The amount of the guarantee for demolition shall be not less than one thousand dollars or twenty percent of the value of the demolition contract price, whichever is greater. The amount of the guarantee for moving a building or structure shall be twenty percent of the total value of all work to be accomplished and associated with moving of the building, but not less than five thousand dollars. Work required to comply with this section may be completed by the city after the time limits stated have expired and shall be paid from the deposit. The deposit shall not be released until such work is completed.

Exceptions:

1. No guarantee will be required when the demolition permit is issued at the same time as a building permit for a redevelopment project.

2. When the structure to be moved is to be relocated outside the limits of the city, the amount of the guarantee may be reduced when approved by the building official, but in no case shall be less than one thousand dollars.

E103.5 Indemnity. Every person, firm or corporation to whom permission has been granted under the terms of this chapter and other ordinances to utilize public property for the demolition or moving of any building or structure shall at all times assume responsibility for any damage to public property. Such permission shall be further conditioned that any person, firm or corporation shall, as a consideration for the use of public property, at all times release, hold harmless and indemnify the city and all of its agents and employees from any and all responsibility, liability, loss or damage resulting to any persons or property caused by or incidental to the demolition or moving work. Written indemnification in a form acceptable to the city attorney shall be provided.

E103.6 Damage to public property. As a condition of obtaining a permit to demolish or move any building or structure, the permittee shall assume liability for any damage to public property occasioned by such moving, demolition, or

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removal operations. Applicants for demolition permits shall provide information and plans when requested for protection of public property. Information and plans shall be specific as to type of protection, structural adequacy and location. Approval to use or occupy public property shall be obtained before proceeding with demolition work.

E103.7 Insurance. Prior to the issuance of a permit to demolish or move any building or structure, the permit applicant shall deposit with the building official a certificate of liability insurance naming the city as an additional insured party on the insurance policy. Such insurance shall be valid at all times during demolition or moving operations. The liability insurance coverage shall be in an amount of at least five hundred thousand dollars per occurrence for injuries, including accidental death to any one person, and subject to the same limit for each additional person, in an amount at least one million dollars on account of any one accident: and property damage in an amount at least five hundred thousand dollars.

Exception: Demolition of a wood frame building not greater than two stories or twenty-five feet in height, measured to the top of the highest point of the roof, provided the building is not less than twenty feet from public property lines or, if less than twenty feet from public property lines, adequate protection is provided for pedestrians and public property to the satisfaction of the building official.

E103.8 Disconnecting service lines. Prior to the issuance of a permit to demolish or relocate a building or structure, the permit applicant shall complete the following to the satisfaction of the building official:

1. Electrical service. The power to all electric service lines shall be shutoff and all such lines cut or disconnected outside the property line. Prior to the cutting of such lines, the property owner or his agent shall notify and obtain the approval of the electric service agency.

2. Other service. All gas, water, steam, storm, sanitary sewers, and other service lines shall be shut-off and/or abandoned as required by the public works director, utilities director, or other agency SECTION E104

PUBLIC SAFETY REQUIREMENTS
E104.1 General. The demolition or moving of any building shall not commence until structures required for protection of persons and property are in place.

Such structures and the demolition work shall conform to the applicable provisions of Chapter 33 of the California Building Code. Prior to permit issuance, a schedule of operations shall be submitted to the building official for

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review and approval and shall set forth a sequence of work on the building, the need to barricade public streets, details of travel to and from the site for hauling operations, route of moving, estimated completion date, and any other significant work which may require inspection or coordination with city departments.

E104.2 Dust and debris. During demolition operations, all material removed shall be wet sufficiently or otherwise handled to control the dust incidental to removal.

All adjacent streets, alleys and other public ways and places shall be kept free and clear of all rubbish, refuse and loose material resulting from the moving, demolition or demolition removal operations, except as allowed by temporary encroachment permits approved by the public works director.

SECTION E105

REMOVAL OF MATERIALS
E105.1 General. All building rubble and debris shall be removed from the demolition site to an approved point of disposal.

E105.2 Foundations. All foundations, concrete slabs and building substructures shall be removed to the satisfaction of the building official.

Exception: Foundations, concrete slabs on grade and building substructures may remain if the site is fenced to the satisfaction of the building official.

E105.3 Completion. Upon completion of the removal of a building or structure by either demolition or moving, the ground shall be left in a smooth condition free of demolition debris. Holes in the ground, basements or cellars, shall be filled to existing grade.

Exception: The filling of such excavation may not be required when a building permit has been issued for a new building on the site and the construction thereof is to start within sixty days after the completion of demolition or moving operations and the permittee provides a temporary barricade protecting the excavation on all sides to the satisfaction of the building official.

SECTION 15.04.110 AMENDMENTS; GREEN BUILDING STANDARDS
(RESERVED).

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SECTION 15.04.120 AMENDMENTS; REFERENCED STANDARDS (RESERVED).

SECTION 15.04.130 AMENDMENTS; PROPERTY MAINTENANCE STANDARDS.

A. All references to "International" codes shall be replaced with "California" codes.

B. Amend Chapter 1, Part 1, Section 101.1 to read as follows:
101.1 Title. These regulations shall be known as the Property Maintenance Code of The City of San Luis Obispo, hereinafter referred to as “this code.” C. Amend Chapter 1, Part 1, Section 102.3 to read as follows:
102.3. Application to other Codes. Nothing in this Code shall be construed to cancel, modify, or set aside any provision of the California Code of Regulations, Title 24 as amended and adopted by the City of San Luis Obispo.

D. Amend Chapter 1, Part 2, Section 103.1 to read as follows:
103.1 Creation of enforcement agency. The Building and Safety Division is hereby created and the official in charge thereof shall be known as the building official. The function of the agency shall be the implementation, administration and enforcement of the provisions of this code.

E. Add Chapter 1, Part 2, Section 111.2.2 is added to read as follows:
111.2.2 Closed structures method and term. Structures ordered to be closed, shall be closed in accordance with Appendix A of this code.

F. Amend Chapter 1, Part 2, Section 111.4 and Delete Sections 111.4.1 & 111.4.2 to read as follows:
111.4 Notice. Whenever the code official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in San Luis Obispo Municipal Code Sections 1.24.050 (F) & (G) to the owner or the owner’s authorized agent, for the violation as specified in this code. Notices for condemnation procedures shall comply with this section.

G. Amend Chapter 1, Part 2, Section 111.7 to read as follows:
111.7 Posting and placarding. Whenever a property, structure or piece of regulated equipment is found to be unsafe, unfit for occupancy, and/or dangerous,

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the Code Official shall post a placard stating such, and the penalties for removal of the placard without prior City approval. The placard shall be placed at a conspicuous location on the property, each entrance to the structure, or on the equipment.

H. Amend Chapter 2, Section 201.3 to read as follows:
201.3 Terms defined in other codes. Where terms are not defined in this code and are defined in the California Building Standards Code and referenced standards, such terms shall have the meanings ascribed to them as stated in those codes.

I. Amend Chapter 2, Section 202 definition of CODE OFFICIAL to read as follows:

CODE OFFICIAL. The Building Official and/or designee charged with the administration and enforcement of this code, or any duly authorized representative.

J. Amend Chapter 3, Section 302.1 to read as follows:
302.1 Sanitation. The property owner or authorized agent shall maintain the property exterior and premises in a clean, safe and sanitary condition. Such owner or authorized agent shall remain liable for violations thereof regardless of any contract or agreement with any third party regarding such property. The occupant may also be held jointly and severally liable for causing or contributing violations of this section.

K. Amend Chapter 3, Section 302.3 to read as follows:
302.3 Sidewalks and driveways. Sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in proper state of repair and maintained free from hazardous conditions.

The owner or owner's authorized agent of any building, lot or premises within the city shall maintain the sidewalks and/or walkways located upon such premises that are accessible to the general public and the public sidewalks between such premises and any adjacent public street or alley in a clean, safe sanitary, and in a proper state of repair, free from hazardous conditions. Maintenance shall include the removal and proper disposal of any unsightly or unsanitary conditions such as accumulations of garbage, refuse, rubbish, litter, dirt, gum or other sticky substances or items, which have been dropped or spilled upon the sidewalks.

L. Amend Chapter 3, Section 302.4 to read as follows:

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302.4 Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of 12 inches. Noxious weeds shall be prohibited.

Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens
M. Amend Chapter 3, Section 303.2 to read as follows:
303.2 Enclosures. Pool enclosures shall be in accordance with the States Swimming Pool Safety Act found in the State Health and Safety Code Sections 115920—115929.

N. Amend Chapter 3, Section 304.14 to read as follows:
304.14 Insect screens. Every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of minimum 16 mesh per inch (16 mesh per 25mm), and every screen door used for insect control shall have a self-closing device in good working condition.

Exception: Screens shall not be required where other approved means, such as air curtains, are provided
O. Amend Chapter 3, Section 307.1 to read as follows:
307.1 General. Handrails and Guardrails shall be maintained in their most recently approved (by permit) state.

P. Amend Chapter 3, Section 309.1 and delete Sections 309.2 through 309.5 to read as follows:
309.1 Infestation. The property owner or authorized agent shall maintain all structures and premises on the property free from insect, rodent and vermin infestation. Upon visual confirmation of an insect, rodent or vermin infestation, the Code Official may require the owner or agent having charge or control of the building, lot or premise to hire a licensed pest control operator or other qualified professional to inspect the building, lot or premise and provide a written report verifying the presence and severity of such infestation including in the report, a recommendation for proper extermination of the infestation. Infestation may also be verified without a visual inspection upon receiving a recent written report from a qualified pest control operator verifying the presence of an infestation. All

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structures in which insect, rodent or vermin infestations are found shall be promptly exterminated by approved processes that will not be injurious to human health.

After the extermination of the infestation is complete, the Code Official may request a written notice from the licensed exterminator or other qualified professional attesting to the completion and success of the recommended extermination procedures. After the infestation is eliminated, proper precautions shall be taken to prevent re-infestation. Tenants that contribute to pest related health or sanitation nuisances may also be subject to the penalties found in Section 109.4 of this code.

Q. Amend Chapter 6, Section 602.2 to read as follows:
602.2 Residential occupancies. Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms as measured per IPMC Section 602.5. Cooking appliances shall not be used, nor shall portable unvented fuel-burning space heaters be used, as a means to provide required heating.

R. Amend Chapter 6, Section 602.3 to read as follows:
602.3 Heat supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat to maintain a minimum temperature of 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms.

S. Amend Chapter 6, Section 602.4 to read as follows:
602.4 Occupiable workspaces. Indoor occupiable workspaces shall be supplied with heat to maintain a minimum temperature of 65°F (18°C) during the period the spaces are occupied.

Exceptions:

1. Processing, storage and operation areas that require cooling or special temperature conditions.

2. Areas in which persons are primarily engaged in vigorous physical activity.

SECTION 15.04.140 AMENDMENTS; HEALTH AND SAFETY STANDARDS.

SECTION 15.04.150 PERMITS REQUIRED FOR WELL CONSTRUCTION A. No person shall construct, repair, modify, abandon or destroy any water well without first obtaining a permit from the City. As used herein, "water well" shall mean an artificial excavation constructed by any method for the purpose of extracting water from, or injecting water into, the underground.

Ordinance No. 1723 (2022 Series) Page 63
O 1723
B. All work performed pursuant to each such permit shall be in conformance with all State laws and standards including applicable portions of Department of Water Resources Bulletin No. 74-81, all City ordinances, resolutions and policies relating thereto, and such permit conditions as may be imposed by the City.

C. Any water-well constructed, repaired, modified, destroyed, abandoned, or operated in violation of this section or the permit requirements shall constitute a public nuisance which may be abated by the City. A person who digs, drills, excavates, constructs, owns or controls any well and abandons such well and a person who owns, occupies, possesses or controls any premises on which an abandoned well exists shall cap or otherwise securely cover, cap or protect the entrance to the well. The capping or covering shall be so constructed and installed as will prevent any human being from suffering any bodily injury or death, through accident or inadvertence, by reason of the existence of the well.

SECTION 7. The Chief Building Official and Fire Code Official are hereby authorized and directed to transmit a copy of this ordinance to the California Building Standards Commission as required by California Health and Safety Code Section 17958.7.

SECTION 8. If any provision of this Ordinance is for any reason held to be invalid by a court of competent jurisdiction, the City of San Luis Obispo hereby declares that it would have passed each and every remaining provision irrespective of such holding in order to accomplish the intent of this ordinance.

Ordinance No. 1723 (2022 Series) Page 64
O 1723
SECTION 9. A summary of this ordinance, approved by the City Attorney, together with the ayes and noes shall be published at least 5 days prior to its final passage in the New Times, a newspaper published and circulated in said City, and the same shall go into effect at the expiration of 30 days after its final passage, but not before January 1, 2023. A copy of the full text of this ordinance shall be on file in the Office of the City Clerk on and after the date following introduction and passage to print and shall be available to any member of the public
INTRODUCED on the 1
st day of November 2022, AND FINALLY ADOPTED by
the Council of the City of San Luis Obispo on the ____ day of ____, 2022, on the following vote:

AYES:

NOES:

ABSENT:
___________________________
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

Item 5d
Department: Administration
Cost Center: 1005
For Agenda of: 11/15/2022
Placement: Consent
Estimated Time: N/A
FROM: Greg Hermann, Deputy City Manager
Prepared By: Chris Read, Sustainability Manager
SUBJECT: APPROVE AN UPDATED MEMORANDUM OF UNDERSTANDING FOR

SHARING CENTRAL COAST COMMUNITY ENERGY BOARD SEATS

RECOMMENDATION

1. Approve an amendment to the Agreement and Memorandum of Understanding with the City of Morro Bay for sharing Policy Board, Operations Board, and Community Advisory Committee seats on Central Coast Community Energy; and

2. Authorize the City Manager to execute the Amendment to the Agreement and Memorandum of Understanding in a form subject to approval of the City Attorney’s Office.

POLICY CONTEXT

1. Ordinance 1656 (2018 Series) approved the City’s participation in Central Coast Community Energy (CCCE; originally named Monterey Bay Community Power or MBCP).

2. 2022 Legislative Action Platform Energy Section plank #6 identifies Council’s CCCE Policy Board and Operations Board positions.

3. The existing Memorandum of Understanding (MOU) requires Council action to make any amendments to it.

DISCUSSION
Background
In November of 2018, the City of Morro Bay and the City of San Luis Obispo adopted ordinances and resolutions committing both cities to join Monterey Bay Community Power MBCP). On December 5, the MBCP Policy Board unanimously voted to approve the two cities’ membership. In September of 2020, MBCP officially changed its name to Central Coast Community Energy (CCCE).

Item 5d
CCCE is governed by two Boards: 1) a Policy Board that meets quarterly and is comprised of elected officials, and 2) an Operations Board that meets at least eight times per year and is comprised of City Managers and County Administrative Officers. An Executive Committee, which is comprised of both Policy and Operations Board members, is delegated some authority under the Joint Use Agreement to address matters that are a combination of policy implementation and operations. CCCE also has a Community Advisory Council comprised of residents and business owners.

In CCCE, counties and jurisdictions with 50,000 or more residents hold permanent Board seats. Additional Board seats are shared by multiple jurisdictions based on geography.

As part of membership in 2019, the City of San Luis Obispo and the City of Morro Bay agreed to share a seat on each of the boards and to negotiate a formal agreement for sharing the Policy Board and Operations Board seat. In December of 2018, staff from the two cities drafted and negotiated an initial draft MOU.

In 2019, additional cities and counties joined CCCE. Due to population and geographic proximity, the City of Paso Robles was added to the seat currently shared by San Luis Obispo and Morro Bay. Because of the addition of Paso Robles, the name change from MBCP to CCCE, and a mutual desire by all three cities for the City of San Luis Obispo to serve the 2021-22 term, the original 2019 MOU was updated and executed in December of 2020.
2022 CCCE MOU Update (Attachment A)
In 2022, the City of Atascadero joined CCCE and a new Policy Board and Operations seat was created for the City of Paso Robles and City of Atascadero to share. Staff from the City of San Luis Obispo and the City of Morro Bay have drafted and negotiated a third iteration of the CCCE MOU to formalize two changes: (1) the removal of the City of Paso Robles from the formal agreement and (2) the extension of the City of San Luis Obispo’s current two-year term on the Policy Board by one additional year to serve on the Board through December 2023. City of Paso Robles staff have committed to providing a letter expressing their intent to be removed from the current MOU. Attachment A includes a placeholder for that letter, which is expected to be received after November 15, 2022.

Previous Council or Advisory Body Action
 November 2018 – City of San Luis Obispo joins 3CE and commits to sharing a Policy Board and Operations Board seat with the City of Morro Bay.  December 2020 – Council approves amendment to the City’s MOU with Morro Bay to include Paso Robles.

Public Engagement
Council and staff received public and written testimony in support of joining CCCE and sharing Board seats with the City of Morro Bay at the November 13, 2018, City Council meeting. Throughout the 2019 and 2020 Climate Action Plan Update, community members expressed support for CCCE participation.

Item 5d

CONCURRENCE
The City of Morro Bay and City of Paso Robles staff concurs with this report. The City of Paso Robles submitted a letter to the City sharing its agreement to be removed from the current MOU and the City of Morro Bay City Council is voting to approve the updated Memorandum of Understanding at a regularly scheduled meeting in November of 2022.

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

FISCAL IMPACT
Budgeted: Yes Budget Year: 2022-23
Funding Identified: Yes
Fiscal Analysis:

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

Total $ $ $ $
The only fiscal impact to participating on CCCE’s Boards come from staff time and occasional travel to Monterey County. These impacts are accounted for in City Administration’s current appropriated operating budget.

ALTERNATIVES
The City Council could request amendments to the MOU. Should Council request amendments, they would be provided to the City of Morro Bay for consideration and brought back to Council at a future date.

ATTACHMENTS
A - Updated CCCE MOU with Morro Bay

AMENDMENT TO AGREEMENT
THIS AMENDMENT TO AGREEMENT is made and entered in the City of San Luis Obispo on _______________________________________, by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as San Luis Obispo, the CITY OF MORRO BAY, a municipal corporation, hereinafter referred to as Morro Bay.

WITNESSETH:

WHEREAS, on December 18, 2020, San Luis Obispo, Morro Bay, and Paso Robles entered into an agreement to share a Central Coast Community Energy Policy Board and Operations Board seat, (the “Agreement”); and
WHEREAS, the City of Atascadero joined Central Coast Community Energy in 2022 and will share a seat with the City of Paso Robles and therefore no longer shares a seat with Morro Bay and San Luis Obispo; and
WHEREAS, the previous agreement for a shared seat is void by the approval of the Joint Powers Agreement whereby Paso Robles and Atascadero share a seat; and WHEREAS, San Luis Obispo, Morro Bay, and Paso Robles, desire to amend the Agreement to remove Paso Robles from the Agreement and to extend San Luis Obispo’s term on the Policy Board by one year, as set forth in Exhibit B attached hereto.

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

1. Paso Robles has indicated its intent to rescind from the Agreement as reflected in the letter attached as Exhibit A; and

2. The Agreement is hereby amended to reflect Paso Robles’ recission from the Agreement as set forth in Exhibit B attached hereto, which reflects an amended and restated version of the Agreement and limits the parties to Morro Bay and San Luis Obispo.

City of San Luis Obispo and City of Morro Bay
Central Coast Community Energy Participation Memorandum of Understanding

IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first written above.

CITY OF SAN LUIS OBISPO
___________________________________
Derek Johnson, City Manager, City of San Luis Obispo

CITY OF MORRO BAY
_____________________________________
Scott Collins, City Manager, City of Morro Bay

City of San Luis Obispo and City of Morro Bay
Central Coast Community Energy Participation Memorandum of Understanding

EXHIBIT A
PASO ROBLES’ LETTER EXPRESSING INTENT TO RESCIND FROM THE

MEMORANDUM OF UNDERSTANDING
[to be provided by the City of Paso Robles after November 15, 2022]

City of San Luis Obispo and City of Morro Bay
Central Coast Community Energy Participation Memorandum of Understanding

EXHIBIT B

MEMORANDUM OF UNDERSTANDING BETWEEN

CITY OF SAN LUIS OBISPO AND CITY OF MORRO BAY

REGARDING PARTICIPATION WITH

CENTRAL COAST COMMUNITY ENERGY
This MEMORANDUM OF UNDERSTANDING (MOU) is hereby made and entered into by and between the City of San Luis Obispo, a California municipal corporation and Charter City, hereinafter referred to as SAN LUIS OBISPO and the City of Morro Bay, a California municipal corporation, hereinafter referred to as MORRO BAY (SAN LUIS OBISPO and MORRO BAY hereinafter individually referred to as “party” and hereinafter collectively referred to as the “parties”).

A. INTRODUCTION
In November 2018, SAN LUIS OBISPO and MORRO BAY jointly pursued community choice energy programs for the purpose of providing choice in the electricity market, reducing greenhouse gas emissions, proving potential rate savings, supporting energy efficiency, promoting regional collaboration, and contributing to economic development. The two cities pursued participating in a community choice energy program by joining Monterey Bay Community Power, which has since changed its name to Central Coast Community Energy (CCCE). On December 5, 2018, SAN LUIS OBISPO and MORRO BAY became official members of CCCE.

As outlined in the CCCE Joint Powers Agreement, the agency is governed by two decision making bodies and one advisory body:
 The Policy Board is comprised of elected officials and meets quarterly to make high level policy decisions.
 The Operations Board is comprised of City Managers or their designees and meets approximately eight times per year to make operational decisions.  The Community Advisory Council is comprised of community members and serves in an advisory role to the Policy Board and Operations Board.

City of San Luis Obispo and City of Morro Bay
Central Coast Community Energy Participation Memorandum of Understanding

CCCE is a large agency and to ensure manageable meetings, smaller jurisdictions share seats on the Policy Board and Operations Board. Jurisdictions with 50,000 or more residents have permanent seats, while smaller jurisdictions share seats based on geographic proximity. Since SAN LUIS OBISPO and MORRO BAY are smaller than 50,000 each, the two cities will share a Policy Board and Operations Board seat.

On November 13, 2018, SAN LUIS OBISPO and MORRO BAY City Councils voted unanimously to direct staff to negotiate a Memorandum of Understanding to provide a collaborative and fair strategy for CCCE representation and to return to their respective Councils for final approval. The MOU was executed by SAN LUIS OBISPO and MORRO BAY in December of 2018. On December 8, 2020, SAN LUIS OBISPO and MORRO BAY City Councils voted unanimously to rescind and replace the original MOU with a new MOU to include the City of El Paso de Robles (“PASO ROBLES”) and other minor updates. That MOU was executed by SAN LUIS OBISPO, MORRO BAY, and PASO ROBLES in December of 2020. That MOU is hereby replaced by this MOU to remove PASO ROBLES from the agreement and extend SAN LUIS OBISPO’s term on the Policy Board by one year, as described below.

B. PURPOSE
The purpose of this Memorandum of Understanding is to identify a clear framework between SAN LUIS OBISPO and MORRO BAY to share governance seats on CCCE’s Policy Board, Operations Board, and Community Advisory Council. This MOU rescinds and replaces the previous December 2020 MOU between SAN LUIS OBISPO, MORRO BAY, and PASO ROBLES.

It should also be noted that community collaboration and regionalism was a key value of the effort to create a local community choice energy program. This Memorandum of Understanding seeks to encourage further regional collaboration.

C. SHARED SEATS

1. Policy Board – The Policy Board representative shall serve for a term of two years and shall rotate between cities (with exception of the first two, two-year terms, which shall be held by SAN LUIS OBISPO). SAN LUIS OBISPO provided the initial representative and served the first two, two-year terms from December 2018 to December 2022. Both parties

City of San Luis Obispo and City of Morro Bay
Central Coast Community Energy Participation Memorandum of Understanding

have agreed to extend SAN LUIS OBISPO’s term to serve as the Policy Board representative through December 2023, and thereafter shall transition every two years between MORRO BAY and SAN LUIS OBISPO.
a. The city with the currently serving Policy Board representative shall distribute via email to both City Councils and City Managers the meeting minutes and any additional narrative deemed necessary after each Policy Board meeting to stay informed of policy, business, or other related matters.
b. The Policy Board Director alternative shall be identified by the City currently holding the seat.

2. Operations Board – The Operations Board representative shall serve for a term of two years and may be one of two options:
a. The City Manager for the City of the Policy Board representative; or b. A director or deputy-director level staff member as determined by the City Manager of the Policy Board representative.

3. Community Advisory Council – There shall be one Community Advisory Council member who shall serve a two-year term and be selected by the current Policy Board Member and their alternative. The pool of Community Advisory Committee applicants shall include all registered voters residing in the cities of San Luis Obispo and Morro Bay. The City currently providing the Policy Board representative shall conduct the Community Advisory Council selection process. The Community Advisory Council member does not need to be from the same city as the Policy Board member and the parties agree that the seat should rotate informally among the three cities.

4. In all cases, the elected officials, staff, or public representing the joint interests of SAN LUIS OBISPO and MORRO BAY, for purposes of the CCCE, shall consider the program purposes outlined in the Central Coast Community Energy Joint Exercise of Powers Agreement:
a. Reducing greenhouse gas emissions;
b. Providing electric power to customers at a competitive cost; c. Carrying our programs to increase energy efficiency;

City of San Luis Obispo and City of Morro Bay
Central Coast Community Energy Participation Memorandum of Understanding

d. Stimulating and sustaining the local economy by developing local jobs in renewable energy and energy efficiency; and
e. Promoting long-term rate stability and energy security and reliability for residents through local control of electric generation resources.

5. If a party fails to attend or otherwise comply with the CCCE JPA and bylaws, and if the seat becomes vacated because of such conduct, the next party shall serve in that seat.

D. PROCESS
SAN LUIS OBISPO City Council will appoint its respective Board Members for the two-year term by February 2019. Terms shall run for two-years starting in December and concluding in November of even- numbered years. Based on mutual agreement of the parties, SAN LUIS OBISPO will also appoint respective Board Members for the two-year term running from January 2022 through December 2024.

Future term appointees shall be made by alternating City Councils in November of the year that the term concludes (e.g., SAN LUIS OBISPO in 2022, MORRO BAY in 2024). Thereafter, the rotation shall continue in two-year periods until this MOU is amended.

E. PRINCIPAL CONTACTS
The principal contacts for this MOU are:

SAN LUIS OBISPO:

Name Role:

Derek Johnson, City Manager
Bob Hill, City Lead
MORRO BAY:

Name Role:

Scott Collins, City Manager, City Lead

City of San Luis Obispo and City of Morro Bay
Central Coast Community Energy Participation Memorandum of Understanding

F. COST OBLIGATION
Each party to this Memorandum of Understanding shall be financially responsible for absorbing costs incurred for their own participation on the Policy Board, Operations Board, and Community Advisory Council.

G. COMMENCEMENT/EXPIRATION DATE
This Memorandum of Understanding is executed as of the date of last signature and is effective until the CCCE governance model changes, or SAN LUIS OBISPO or MORRO BAY withdraw from CCCE, or either party fails in good faith to resolve with the other party a conflict over a substantial issue concerning the CCCE or the parties’ performance of this MOU. As to SAN LUIS OBISPO and MORRO BAY, this MOU is effective as of December, 2018, in so far as this MOU replaces and rescinds a prior MOU similar in substance to this MOU. Prior to such termination, the party desiring to terminate this MOU shall provide the non-terminating party with written notice of its desire to terminate and the reasons therefore. Both parties agree to engage in a meet and confer process, and, in the case of termination based on a conflict over a substantial issue concerning the CCCE or the parties’ performance of this MOU, the parties shall engage with one another in good faith to resolve the conflict. If a conflict still exists after such good faith negotiations, this MOU shall terminate upon thirty (30) days final written notice.

H. LIABILITIES
It is understood that none of the parties to this Memorandum of Understanding is the agent of any of the other parties and none of the parties is liable for the wrongful acts, omissions or negligence of any other party to this MOU. Each party shall be responsible for its wrongful or negligent acts or omissions and those of its officials, officers, employees, and agents, howsoever caused, to the extent allowed by law, and shall be responsible for their own Commercial General Liability, Auto, Worker’s Compensation and Errors and Omissions insurance and adherence to their respective City’s policies. Each party to this Memorandum of Understanding agrees to indemnify, defend and hold the other, and their officials, officers, employees, and agents, against any liability, claim, personal injury, including death, or property damage caused by that party’s negligence or willful misconduct in their performance under this Memorandum of Understanding.

City of San Luis Obispo and City of Morro Bay
Central Coast Community Energy Participation Memorandum of Understanding

I. NO ASSIGNMENT
The rights and obligations of the parties to this Memorandum of Understanding may not be assigned or delegated.

J. AMENDMENT
This Memorandum of Understanding may not be amended or modified in any manner whatsoever except by written agreement between the parties hereto.

IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the last written date below.

FOR SAN LUIS OBISPO
Date: ________________ ______________________________________ Derek Johnson, City Manager, City of San Luis Obispo

FOR MORRO BAY
Date: ________________ ______________________________________ Scott Collins, City Manager, City of Morro Bay

Item 5e
Department: Community Development
Cost Center: 4003
For Agenda of: 11/15/2022
Placement: Consent
Estimated Time: N/A
FROM: Michael Codron, Community Development Director
Prepared By: Graham Bultema, Assistant Planner
SUBJECT: REQUEST TO INCLUDE THE PROPERTY AT 1133 PISMO STREET,

KNOWN AS THE THOMAS AND MAY BRECHEEN HOUSE, IN THE
CITY’S INVENTORY OF HISTORIC RESOURCES AS A MASTER LIST RESOURCE (HIST-0171-2022)

RECOMMENDATION
As recommended by the Cultural Heritage Committee, adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, adding the property located at 1133 Pismo Street to the Master List of Historic Resources as “The Thomas and May Brecheen House” (HIST-0171-2022).”

DISCUSSION
Background
The applicants, Christopher and Heidi Frago, represented by James Papp, have requested that the property at 1133 Pismo Street be designated as a Master List Resource in the City’s Inventory of Historic Resources, as the Thomas and May Brecheen House. The property is currently designated as a Contributing List Resource and is located with the Old Town Historic District. The applicant has provided a Historic Evaluation (Attachment B) and Addendum (Attachment C) evaluating the property and its eligibility for historic listing prepared by Historian James Papp, PhD.

Previous Council or Advisory Body Action
On May 24, 2022, the Cultural Heritage Committee (CHC) reviewed the proposed request and evaluated if the property met eligibility criteria for listing. The CHC voted to continue the item to a date uncertain, with direction given to the applicant to specifically identify unique qualities or characteristics of the property which would meet eligibility criteria to be designated as a Master List Resource and to demonstrate compliance with the City’s Historic Preservation Ordinance. The representative revised the Historic Evaluation with an Addendum based on direction from staff and from the CHC. On September 26, 2022, the CHC reviewed the proposed amended request and found that the property meets eligibility criteria for historical listing to a degree that qualifies it for designation as a Master List Resource. The CHC voted unanimously to recommend that the City Council designate the property as a Master List Resource.

Item 5e
Site and Setting
The subject property is located southeast of Downtown in a medium-density (R-2-H) residential zoned area along Pismo Street, mid-block between Toro Street and Santa Rosa Street within the La Vina tract and one block northeast of Mitchell Park in the Old Town Historic District. Surrounding architectural styles in the neighborhood include Colonial Revival and Craftsman in largely original condition from the 1910s and 1920s.

At the time of the development, the property was located across the street from William Weeks high school as well as Pierre Dallidet’s vineyard, both of which are now gone.

Other surrounding properties on the City’s Master List of Historic Resources include the neighboring Thorne/Nuss House and the Vollmer House, both Craftsman style homes.

Building Architecture
City records describe the property as a onestory residence with a rectangular plan and a Neoclassic Rowhouse stylistic influence, with
several characteristic features highlighted:

1. Composition shingle hip roof

2. Clapboard siding

3. Stairs leading to a front portico

4. Single classical column

5. Prominent triple window

6. Brick chimney
The property is currently on the City’s Inventory of Historic Resources as a Contributing List Resource (added in 1987 per City Council Resolution 6157). The City’s Historic Context Statement describes the Neo-Classical Cottage style (particularly prominent along Pismo Street) as a term used to describe simple house forms or cottages with fewer decorative features than other styles from the period, with decorative detailing typically being confined to the porch or cornice line. The property exhibits many of these architectural characteristics and are discussed in detail in the Historic Resource Evaluation and Addendum (Attachments B & C, respectively) and summarized below in the Evaluation section of this report.

Thomas and May Brecheen
The Historic Resource Evaluation also provides biographical details about Thomas Brecheen and his wife May Brecheen, who are associated with the property (see Attachment B, Historic Evaluation, pgs. 6-16). The house was purchased by 29-year-old Thomas Levin Brecheen, newly appointed principal of San Luis Obispo’s public grammar school, in July 1907. T. L. Brecheen was initially described by the Telegram as “a hard student and thorough disciplinarian” in 1907 (Attachment B, Historic Evaluation, pg. 1), but his residency and employment in the City of San Luis Obispo was tumultuous and brief, and he moved to Alameda in 1908. As the applicant notes in the evaluation (Appendix B, Historic Evaluation, pg. 80), Thomas Brecheen’s association with the property is too brief for a relevant association to be established with important historical events or significance to the community rising to a level of significance that would satisfy Historic Criteria described in Section 14.01.070(B) of the Ordinance.

Figure 1: Thomas and May Brecheen House

Item 5e
Evaluation of Eligibility
To be eligible for listing as an historic resource, a building must exhibit a high level of historic integrity, be at least 50 years old, and meet one or more of the eligibility criteria described in § 14.01.070 of the Historic Preservation Ordinance (see Attachment D). As provided in § 14.01.050, the most unique and important resources and properties in terms of age, architectural or historical significance, rarity, or association with important persons or events in the City’s past may be designated as “Master List Resources”.

1. Architectural Criteria
As described and depicted in pages 76-82 of the applicant’s Historical Evaluation (Attachment B), the dwelling embodies distinctive characteristics features of the Neo-Classical Cottage style, in a manner that expresses interesting details with notable attractiveness, consistent with listing criteria for “Style” and “Design”:

The character-defining features of the Brecheen House are its lowpitched bellcast roof, asymmetric porch, single Tuscan column on a solid railing, echoing single and tripartite sash windows on its street façade with their muntined upper sashes and plate glass lower sashes, rhythmic fenestration on the southwest façade, plain frieze, novelty siding, string-coursed chimney with pyramidal base, and end-period Bishop Peak granite curb. (Appendix B, Historic Evaluation, pg. 80)
As further described and depicted in pages 10-14 of the applicant’s Addendum to the Historical Evaluation, the addendum provides further details stating that the dwelling includes the following unique characteristic features:

1. Low-pitch bellcast roof

2. Long extending eaves

3. Triple window arrangement

4. Hidden front door

5. Single Tuscan column

6. Solid porch parapet
The Addendum states that the subject property exhibits character-defining features which are unique in comparison to similar Colonial Revival bungalows on the City’s Contributing List of Historic Resources:

The data shows the house to be a rare subtype of the Colonial Revival bungalow stripped of structural but nonfunctional roof decoration. Within this minimalist form, the anonymous designer lowered the roof pitch to the greatest extent of any of these bungalows; extended the eaves further than any other; accentuated both with a japoniste bellcast; created the district’s most sophisticated geometric pattern of fenestration; successfully experimented with minimizing columns and doors; and framed the whole with a unique pattern of frieze, architrave, corner boards, and baseboard. (Appendix C, Addendum, pg. 2)

Item 5e
Conclusion
The information in the Historic Resource Evaluation and Addendum prepared for this application documenting the architectural character of the house and reviewed by the Cultural Heritage Committee provides a basis for the Council to find that the dwelling exhibits unique character-defining features of the Neo-Classical Cottage style and satisfies Architectural Criteria for Style and Design (§ 14.01.070(A)(1&2)) to a degree that qualifies the property for designation as a Master List Historic Resource.

Policy Context
The recommended action on this item is supported by historical preservation policies set out in § 3.0 of the Conservation and Open Space Element of the City’s General Plan, and with procedures and standards for listing of historic resources set out in the City’ s Historic Preservation Ordinance § 14.01.060 & 14.01.070.

Public Engagement
Public notice of this hearing has been provided to owners and occupants of property near the subject site, and published in a widely circulated local newspaper, and hearing agendas for this meeting have been posted at City Hall, consistent with adopted notification procedures. Public notice was also previously provided for the Cultural Heritage Committee meetings on May 24, 2022, and September 26, 2022.

ENVIRONMENTAL REVIEW
This project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA). Inclusion of the subject properties on the City’s Inventory of Historic Resources does not have the potential for causing a significant effect on the environment and is covered by the general rule described in §15061(b)(3) of the CEQA Guidelines.

FISCAL IMPACT
Budgeted: No Budget Year: 2022-23
Funding Identified: No
Fiscal Analysis:

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

Total $ $ $ $0

Item 5e
Adding this property to the Master List of Historic Resources will have no fiscal impacts.

Historic designation of property itself has no bearing on City fiscal resources. As a Master List Resource, however, this property would be eligible for historic preservation incentives under the “Mills Act”. Any subsequent request to enter into a “Mills Act Contract” with the City would be considered under a separate application. A separate fiscal analysis would be reviewed by the City Council should this property be proposed for participation in the Mills Act Program.

ALTERNATIVES

1. Decline to designate the property as a Master List Resource in the Inventory of Historic Resources. This decision would be based on finding that the Property is not considered to be sufficiently unique or important, or found to satisfy Evaluation Criteria for listing to a degree warranting such designation. The Property would remain in the Inventory as a Contributing List Resource.

2. Continue consideration of the request for additional information or discussion.

ATTACHMENTS
A - Draft Resolution adding 1133 Pismo Street to the Master List of Historic Resources B - Historic Resource Evaluation
C - Historic Resource Evaluation Addendum
D - Evaluation Criteria

R ______
RESOLUTION NO. _____ (2022 SERIES)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, ADDING THE PROPERTY LOCATED AT 1133

PISMO STREET TO THE MASTER LIST OF HISTORIC RESOURCES AS “THE THOMAS AND MAY BRECHEEN HOUSE” (HIST-0171-2022)
WHEREAS, the applicants, Christopher and Heidi Frago, filed an application on March 23, 2022, for review of the inclusion of the property at 1133 Pismo Street on the City’s Master List of Historic Resources; and
WHEREAS, the Cultural Heritage Committee of the City of San Luis Obispo conducted a public hearing from the City of San Luis Obispo, California on May 24, 2022 and voted to continue the item to a date uncertain, with direction given to the applicant to specifically identify unique qualities or characteristics of the property which would meet eligibility criteria to be designated as a Master List Resource and to demonstrate compliance with the City’s Historic Preservation Ordinance; and WHEREAS, the Cultural Heritage Committee of the City of San Luis Obispo conducted a public hearing from the City of San Luis Obispo, California on September 26, 2022 and recommended that the City Council add the property at 1133 Pismo Street to the Master List of Historic Resources; and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing on November 15, 2022 for the purpose of considering the request to add the properties to the Inventory of Historic Resources; and
WHEREAS, notices of said public hearings were made at the time and in the manner required by law; and
WHEREAS, the City Council has duly considered all evidence, including the record of the Cultural Heritage Committee hearing and recommendation, testimony of the applicant and interested parties, and the evaluation and recommendation presented by staff.

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

SECTION 1. Findings. Based upon all the evidence, the City Council makes the following findings:
a) The subject property is eligible for inclusion in the City’s Inventory of Historic Resources as a Master List Resource because the dwelling on the property satisfies at least one of the evaluation criteria for historic resource listing described in § 14.01.070 of the City’s Historic Preservation Ordinance (HPO), exhibits a high degree of historic integrity, and is more than 50 years old.

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b) The dwelling on the subject properties satisfies Architectural Criteria for Style and Design (§§ 14.01.070 (A) (1) & (2)) to a degree that qualifies the property for designation as a Master List Historic Resource.

The dwelling conveys a purity of style, exhibits attractiveness through detailing and craftsmanship, and exhibits many characteristic features of the NeoClassical Cottage style in a manner that expresses interesting details with notable attractiveness. Unique character-defining features that the property exhibits include an asymmetric unenclosed porch with a single Tuscan column, a low-pitched bellcast roof, and geometric fenestration design.

SECTION 2. Environmental Determination. The project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA). Inclusion of the subject properties on the City’s Inventory of Historic Resources does not have the potential for causing a significant effect on the environment, and is covered by the general rule described in § 15061 (b) (3) of the CEQA Guidelines.

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SECTION 3. Action. The City Council of the City of San Luis Obispo does hereby include the property located at 1133 Pismo Street in the Master List of Historic Resources as “The Thomas and May Brecheen House”.

Upon motion of Council Member ___________________, seconded by Council Member__________________, and on the following roll call vote:

AYES:

NOES:

ABSENT:

The foregoing resolution was adopted this ____ day of _____ 2022. ___________________________
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

1 Thomas and May Brecheen House • 1133 Pismo Street • Master List Application Summary Conclusion
Despite or perhaps because of its modest scale, the T. L. Brecheen House in the Old Town Historic District is the most highly refined example of asymmetric Colonial Revival—or Streamline Colonial—in San Luis Obispo. The bungalow communicates both its classical antecedents and modern aesthetic with an almost Zen-like economy and rhythm of forms.

Apparently built on spec by real estate agent A. F. Fitzgerald, president of San Luis Obispo’s Chamber of Commerce, it was advertised on 19 July 1907. Its purchase by Thomas Levin Brecheen was announced four days later in the Telegram. One month earlier, Brecheen, at age twenty-nine, had been appointed principal of San Luis Obispo’s public grammar schools. Three weeks earlier, the County Board of Education had elected him its president.

His brand new house on the north edge of La Vina tract expressed both classicism and progress—much like Brecheen himself, whom the Telegram praised as “a hard student and a thorough disciplinarian.” The Fates had elevated him to the zenith of a career that would, through hubris, spectacularly self-destruct, with two precedent-setting California Supreme Court defeats and a doomed populist coup. Likewise, the new stone-built Neoclassical high school that his house looked out on would be demolished as an earthquake hazard, and the brick built Colonial Revival Nipomo Street school where he taught would be torn down. But in the reverse of the Three Little Pigs saga, the wood frame Brecheen House is still with us.

Though architect and builder are unknown, the Brecheen House is far more accomplished than buildings of clearer provenance, embodying the Streamline Colonial as a descendant of Shingle and purification of Queen Anne. This embodiment and its high artistic values qualify it for historic listing. Its architectural significance and integrity make it one of the “most unique and important” resources in San Luis Obispo, qualifying it for the Master List.

Submitted on behalf of Christopher Frago and Heidi Howland-Frago by James Papp, PhD • Historicities LLC • 10 March 2022

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2 Contents
Summary Conclusion 1
Foreword on Terminology: Embodiment 3
Foreword on Historic Designation: Landmark, Register, Master, Contributing 3 Timelines
Streamline Colonial 6
1133 Pismo Street 10
Thomas Levin Brecheen 11
Definitions
Distinguishing Neoclassical and Colonial Revival 17
Colonial Revival and Streamline Colonial 22
Architectural Historic Context
The Shingle style and Streamline Colonial 25
Shingle minimalism and planarity 27
Shingle curvilinearity 28
Shingle historical reference and deconstruction 29
The Bay Area Shingle style 30
The East Coast and Bay Area Shingle styles in San Luis Obispo 30 Linearity: clapboard and drop siding Streamline Colonial 31 The Universe of Master List Streamline and Shingle Colonials, San Luis Obispo Streamline and Shingle Colonial subtypes 33
Dates of Master List Streamline and Shingle Colonials 35 Historic and Architectural Evaluation 40
Righetti House 40 Hourihan House 52 Nichols House 61 Erickson House 41 Stanton House 53 Ramage House 62
Brew House 42 Hill House 54 Kaiser House 63
Fumigali House 43 Smith House 55 Bullard House 63
Crocker House 44 Dutton House 56 Bradbury House 64
Marshall House 45 Renetzky House 57 Jackson House 64
J. L. Anderson House 46 Chapek House 58 Heritage Inn 65 Upham House 47 Mazza House 58 Bushnell House 66
Aston House 49 Strickland House 59 Sandercock House 67
Unangst House 50 Kaufman House 60 F. Anderson House 68 Albert & Baker Houses 51 Oliver House 61
Thomas Levin Brecheen and May Miller Brecheen 69
Architectural Significance of the Brecheen House 76
Period of Significance 80
Character-Defining Features 80
Integrity 80
Conclusion 83

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3 Foreword on Terminology: Embodiment
The concept of how a resource might “embody” the distinctive characteristics of a type, or a period, or a method of construction is left undefined by the National Register, which allows communities to make their own decisions about their own resources. To embody is to give tangible or visible form to an idea. In architectural history, this normally includes specific decorative iconography—a column that refers to ancient Greece, for instance, and may in extension refer to a culture’s sense of its kinship with ancient Greek ideas. But architectural styles don’t just consist of decorative pastiche but of a different way of organizing space and living. Greek Revival architecture in North America’s hotter climates, for instance, often expressed itself with full-width porticos or encompassing peripteroi, hence the Monterey style adobe, which is the most famous California expression of the Greek Revival. The style also emphasized interior symmetry and linear order and extended this concept to such details as the squaring off of fanlights (since the ancient Greeks didn’t have arches).

Embodiment of an architectural style, therefore, means not just treatment of iconic decorative elements, and not just the organization of lines, planes, and spaces, but the consistent unification of the two for expressing an aesthetic and social conception.

Foreword on Historic Designation: Landmark, Register, Master, and Contributing San Luis Obispo’s Master List may be unique for demanding uniqueness as a standard of inclusion. Other historical preservation systems in the United States, including state and local systems, follow the half-century-old regulations of the National Register of Historic Places (NRHP), whereby the standard is significance, including resources (1) associated with significant events or figures; (2) embodying types, periods, or methods of construction; (3) representing the work of a master; (4) possesses high artistic values; or (5) representing a significant and distinguishable entity.

Unfortunately, any resource that is significant, in embodying a type or period or representing the work of a master, is unlikely to be unique. A resource that is truly unique is unlikely to be significant, being disconnected from “the broad patterns of our history.”

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4 In national and state designations, any resource of at least local significance qualifies for the National Register, and any resource of national significance qualifies as a National Landmark. Similarly, any resource of at least local significance qualifies for the California Register of Historical Resources (CRHR), and any resource of statewide or regional significance as a California Historical Landmark.

The perverse result of San Luis Obispo’s departure from the national standard is that a resource that qualifies for the California or National Register or even as a California or National Landmark may not qualify as a Master List resource, because of the demand for uniqueness rather than local, regional, statewide, or national significance.

Another anomaly is San Luis Obispo’s unique use of the term contributing. In an individual National or California Register listing or historic district, contributing is a technical term for a component deemed to be part of its significance. In the NRHP Jack House property, for instance, the Jack House itself and the Wash House are contributing, while the modern restroom and catering pavilion is non-contributing, and the Carriage House is noncontributing because, despite predating the Jack House, it has been covered with plywood.

San Luis Obispo’s 1987 Historical Preservation Program Guidelines codified two classes of resources, Master List and Contributing List, without defining the difference between them or the standards of inclusion for either. In practice, San Luis Obispo’s Contributing List was the result of windshield or reconnaissance surveys for each proposed historic district, and the Master List consisted of those resources on which supporting research, in an equivalent of a DPR 523, was done. This is not normal practice in historic resource designation, where documentary evidence is expected as a minimum of listing, and it has resulted in a large number of Contributing Listings unsupported by age, significance, or integrity and a Master List dominated by size and prominence and little diversified by race, class, and gender.

Subsequently, the uniqueness standard was introduced for Master List resources, while Contributing List resources were defined as “maintain[ing] their original or attained historic and architectural character” (i.e., rejecting the standard of integrity for a specific period of significance) and “contribut[ing] … to the unique or historic character of a neighborhood, district, or to the city as a whole” (i.e., rejecting the standard of significance for individual properties or the larger area of which they’re a part, as any neighborhood can—and every neighborhood does—have “unique … character”). The fifty-year standard was also lifted for the Contributing List, so at this point the Contributing standard was effectively no standard.

As a result, though given the same de jure protections in the Historic Preservation Ordinance, Contributing List resources, de facto, have not been treated with the same seriousness as Master List resources, and many have suffered significant degradation to their integrity as a result. When the Mills Act was introduced to San Luis Obispo, Contributing List properties were, not surprisingly, barred from benefits.

Possibly to mitigate this situation, the NRHP standards of significance and integrity were also subsequently introduced as a minimum for any listed resource in San Luis Obispo, Contributing or Master. Now any resource applying for the Contributing List would require the same standards as for the National Register. But in fact no one applies to put resources on the Contributing List, because the Contributing List confers no tangible tax beneifts or intangible benefits of pride. Of those resources already on the Contributing List, roughly

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5 half might qualify for the National Register in terms of significance and integrity, and a few would qualify for state or national landmark status, but they are not eligible for Mills Act, and roughly half would not qualify under significance or integrity, and they are subject to pointless restrictions.

Most of San Luis Obispo’s Master List resources would qualify for the National and California Registers. For the ones that would not, integrity is usually the problem rather than significance. In practice, uniqueness has often been jettisoned as the guide, so we have not ended up with a Master List of bizarre anomalies. Yet too often admittance to the Master List has depended on a vague sense of what is “special” rather than significant, and “special” usually equates to what is expensive and noticeable, which usually means White and upper-middle-class.

Most local California jurisdictions have a single level of historic designation, and those with Mills Act make it available to all designees. A few jurisdictions, like Pasadena and Santa Barbara, also maintain an additional, higher level of listing that resembles State and National Landmarks by including local resources of regional, state, or national significance.

As far as my research on California’s five dozen Certified Local Governments has been able to discover, San Luis Obispo is the sole jurisdiction with two levels of designation of which one did not originally have significance and integrity as its standard and does not have Mills Act as a benefit and of which the other has uniqueness rather than significance as a standard and does have Mills Act as a benefit. This departure from national norms may be why San Luis Obispo has such a small proportion of resources on the National and California Registers and why historic resource protection is considered a bone of contention rather than a source of community pride, a means of recognizing underrepresented communities, and a magnet for cultural tourism.

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6 Timelines: Streamline Colonial • 1133 Pismo Street • Thomas Levin Brecheen Streamline Colonial
1870 With the outbreak of the Franco-Prussian War, Pennsylvanian Charles F.

McKim returns from studying architecture at the Ecole des Beaux Arts in Paris and goes to work for Gambrill and Richardson in New York, assisting Henry Hobson Richardson on Trinity Church, Boston, a foundational Richardsonian Romanesque design.1
1872 After two years at Gambrill and Richardson, McKim sets up his own office in the same building and in 1873 is joined by William R. Mead, who has just spent two years in Florence. McKim is replaced at Gambrill and Richardson by the nineteen-year-old Stanford White.2
1874 McKim hires William James Stillman to take photographs of seventeenth- and eighteenth-century buildings in around Newport, RI, where the family of his Ecole contemporary and brief architectural partner William Bigelow and McKim’s soon-to-be wife Annie Bigelow has a summer house.3 Hip, front- and side gable, and gambrel roofs on clapboard and shingle houses in one of Stillman’s 1874 Newport photographs, entitled “Tory Corner Thames Street” in McKim’s handwriting. Newport Historical Society.

One of the Stillman photographs, of the shingled rear of the clapboard Bishop Berkeley House, is published in the inaugural January 1874 issue of Richardson’s journal The New York Sketchbook of Architecture as a gelatin transfer, the first photomechanical reproduction of a building in the United

1. Allan Greenberg and Michael George, The Architecture of McKim, Mead, and White: 1879–1915 (Lanham:

Taylor Trade, 2013), p. xxii–xxiii.

2. Ibid. and Samuel G. White, The Houses of McKim, Mead, and White (New York: Universe, 2008), p. 8.

3. Newport Historical Society collection notes.

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7 States.4 The New York Sketchbook will publish monthly for the next three years, becoming the foundational text for revival of Colonial era architecture with articles by McKim and drawings by White. 1874 Modern shingle-sided structures are designed for the first time by Richardson (William Watts Sherman House, Newport, RI, extant), Gambrill (Tinkham House, Oswego, NY, no longer extant), and McKim (Blake House, Newton Lower Falls, MA, no longer extant), commencing the East Coast Shingle style.5 Richardson’s Watts Sherman House is a Tudor Revival modeled on Norman Shaw’s “Queen Anne” tile-hung work in England.

Early Colonial cabin, Centennial International Exposition, Philadelphia, 1876 1876 The Centennial International Exposition in Philadelphia features a log cabin with a sign above its door, “YE OLDEN TIME; Die Alten Zeiten; Les Vieux Temps; WELCOME TO ALL.” It contains “relics of old Puritan and Revolutionary days” (some of dubious origin) and demonstrations by costumed reenactors: “a maiden, whose Puritan garb does not detract from the brightness of her eyes, is in waiting to welcome the visitor.”6 Other than this example of early American kitsch, the architecture at America’s first

4. Leland M. Roth, Shingle Styles: Innovation and Tradition in American Architecture, 1874 to 1982 (New York:

Abrams, 1999), p. 9.

5. Vincent J. Scully, Jr., The Shingle Style and the Stick Style, revised edition (New Haven: Yale University Press, 1971), p. 14.

6. “A New England Cabin,” Red Wing, MN Grange Advance, 7 June 1876, p. 2.

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8 world’s fair was contemporary rather than nostalgic: Gothic, Stick, Beaux Arts, and cast iron and glass.
1876–1877 The Reverend Joseph Worcester builds the first Bay Area Shingle style house in Piedmont, CA.7
1877 William Bigelow joins the partnership of McKim and Mead. With Stanford White, they make an architectural sketching tour of Marblehead, Salem, and Newburyport, MA and Portsmouth, NH. Harper’s in 1875 has already published illustrated articles on Colonial towns, whose buildings are part of the attraction of the new oceanside resorts (Scully, p. 30, note 36). 1877–1878 The firm of McKim, Mead, and Bigelow designs the Samuel Gray Ward House, Oakswood, in Lenox, MA (demolished), likely the first Colonial Revival house and first Colonial Revival Shingle house. 1878 Stanford White leaves Gambrill and Richardson for a year in Europe, initially accompanied by Charles McKim (Greenberg and George, p. xxiii). 1879 With the fraught dissolution of McKim’s marriage to Annie Bigelow, William Bigelow leaves the firm. White, returning from Europe, is invited to replace him (Ibid. and White, p. 8). McKim, Mead, and White is born. 1879–1881 McKim, Mead, and White introduces curved porches and a bellcast roof in the Shingle Colonial Revival style Newport Casino.

Bellcast roof of tower (left) and curved porches (center) of the Newport Casino 1881–1883 In Newport’s Shingle Colonial Isaac Bell House, down the street from the Casino, McKim, Mead, and White uses curvature in both interior and

7. Richard Longstreth, On the Edge of the World: Four Architects in San Francisco at the Turn of the Century (Berkeley: University of California Press, 1983), p. 112.

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9 exterior extensions. Bell is brother-in-law of newspaper publisher James Gordon Bennett, who commissioned the Newport Casino.
1882–1883 The firm introduces eyebrow windows in the Benson House of the Montauk Point Association Homes, NY.
1883–1884 McKim, Mead, and White designs the Alice and Julia Appleton House in Lenox, MA, a clapboard house that is the first Streamline Colonial. McKim later marries Julia Appleton and moves into the house.
1885–1886 McKim, Mead, and White designs the H. A. C. Taylor House in Newport, RI, another clapboard Colonial seen by twentieth-century scholars to have a more traditionalizing influence.
1886–1887 The house-encompassing gable that McKim has experimented with in Bytharbor (1878–80) for his friend Prescott Hall Butler is elongated and simplified for the William G. Low House (demolished), Bristol, RI, to become the purest expression of Shingle minimalism.

The cottage designed by S. B. Abbott for Ernest Graves, known as the Righetti House, at Palm and Essex (now Johnson) in the Fire Department’s Souvenir of San Luis Obispo in 1904 1889 “Major” S. B. Abbott designs a curving, rambling “cottage” for attorney Ernest Graves in San Luis Obispo, employing Colonial Revival elements— among others—and described by the architect as “Romanesque.”8 1902–1906 San Luis Obispo’s leading architects—including William H. Weeks, Hilamon Spencer Laird, and W. C. Phillips—design Streamline Colonial and Shingle

8. “A Fine Residence,” daily San Luis Obispo Tribune, 17 May 1889, p. 3.

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10 Colonial houses now on the city’s Master List, for clients whose lives do not always approach the rational and uncluttered ideals of their architecture. 1903–1911 Various known builders and presumed builder-architects—such as R. S.

Aston, William Thompson, John Chapek, B. Morganti, James Rasmussen and Lee R. Parsons, Harry Lyman, Joseph Maino, and James J. Maino—construct Streamline Colonials and Shingle Colonials now on San Luis Obispo’s Master List for themselves and clients.
1901–1910 Streamline Colonials and Shingle Colonials now on the Master List are created by now unknown architects and builders.
1907 Real estate agent A. F. Fitzgerald has the bungalow at 1133 Pismo in La Vina tract built on spec.9 The architect and builder are unknown, but the house distills local Streamline Colonial to its most minimalist, planar, linear, and delicately curvilinear combination.
1133 Pismo Street
1907 July 19 Real estate agent A. F. Fitzgerald lists the newly built bungalow at 1133 Pismo for sale.

July 23 The Daily Telegram announces purchase of A. F. Fitzgerald’s new house by Professor T. L. Brecheen, newly appointed principle of San Luis Obispo’s Mission District grammar schools and newly elected president of the County Board of Education.10
Aug. 1 T. L. Brecheen and his new bride, May Miller of Berkeley, will be at home at 1133 from this date.11
1908 Dec. Brecheen announces his departure from San Luis Obispo to Alameda. 12 1909 Sep.– Homer J. Ridle, agent for the Standard Gear Motor, provides 1133 Pismo as Dec. & his address, and Mrs. Ridle hosts the Parthenon Club there, assigning parts for a reading of A Comedy of Errors.
13 1910 Jan Mrs. S. E. McCool, dress fabric saleswoman, provides 1133 as her address.14 The McCools are friends of the Ridles.

Apr.– Mrs. Anna English, leasing agent for Santa Maria oil land, provides 1133 May Pismo as her address.15
1911 Jan. Mrs. Ridle, as president of the Woman’s Civic Club, hosts an at home for club members at 1133 Pismo in early 1911.16

9. “New House in La Vina Tract,” advertisement, daily Tribune, 19 July 1907, p. 1.

10. “Fine Property Changes Hands,” p. 8.

11. “Prof. Brecheen Takes Bride,” Daily Telegram, 29 July 1908, p. 1.

12. “Brecheen Gets Place in Alameda Schools,” weekly San Luis Obispo Tribune, 15 Dec. 1908, p. 4.

13. “Important Announcement,” advertisement, Daily Telegram, 28 Dec. 1909, p. 4; “Parthenon Club Tonight,” Daily Telegram, 27 Sep. 1909, p. 4.

14. “Newest in Ladies Dress Goods,” advertisement, Daily Telegram, 8–28 Jan. 1910.

15. “Oil Land to Lease,” advertisement, Santa Maria Times, 23 Apr. 1910, p. 2.

16. “Mrs. Ridle’s Reception,” Daily Telegram, 3 Jan. 1911, p. 1.

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11 1914 J. C. Driscoll, of the Wholesale Company, and Mrs. Driscoll are at 1133.17 1917–1919 Fred L. Garrett, a conductor with the Southern Pacific, and Mrs. Garrett rent 1133 Pismo, still owned by the J. C. Driscolls.18 In 1918 Harold Lee, office boy at the Producers’ Transportation Company at Orcutt, and Miss Ellen Lee, the sister of Mrs. Garrett, are also there.19
1919 Mar. W. V. Fisk buys 1133 Pismo to occupy with his family (ibid.). 1920 Mar. W. V. Fisk sells 1133 Pismo to W. M. Fisk, a railroad man from Lompoc.20 1921 Sep. The Quality Bakery buys 1133 Pismo for its head baker, Mr. R. Heidorn.21 1922 Oct. The Heidorns leave 1133 Pismo.22
1923 Feb. James Renetzky moves into 1133 Pismo, which he has purchased, after the death and distribution of the estate of Joseph Renetzky. James had been working as a salesman in the family shoe store.23
1938 1938 City Directory lists Emory L. McConnell as owner of 1133 Pismo 1942 1942 directory lists music teacher Andrew Onstad and wife Olga as owners. 1950–1968 Dalie Wetzel owns and lives in 1133 Pismo through the 1950s and 1960s, according to the City Directory.
1971 The City Directory shows that Harry and Josephine Delaney purchase the house at the beginning of the 1970s.

T. L. Brecheen Timeline
1877 July 10 Thomas Levin Brecheen is born in Texas to farmer Lemuel Lafayette Brecheen and Martha Ann Moore Brecheen.24
1903–1905 Brecheen is principal of the Simi school and then Montalvo school in Ventura County. At Simi, whose school district has nine voters, he is one of two teachers, the other being a woman.25 At Montalvo he is the sole teacher. The previous year’s teacher has left for Los Angeles after marrying a sixteen-year-old student. Brecheen starts boys’ and girls’ basketball

17. “Episcopal Parlor Services,” Daily Telegram, 24 Feb. 1914, p. 5.

18. “Home from South,” Daily Telegram, 12 May 1917, p. 5; “Fisk Buys Home,” Daily Telegram, 28 Mar. 1919, p.

5. 19. “Promoted,” Daily Telegram, 17 June 1918, p.5; “Home from Vacation,” Daily Telegram, 30 Aug. 1918, p. 5.

20. “Fisk Place Sold,” Daily Telegram, 15 Mar. 1920, p. 5.

21. “Around the Town,” weekly San Luis Obispo Tribune, 27 Sep. 1921, p. 4.

22. “Local News Notes,” Daily Telegram, 16 Oct. 1922, p. 5.

23. “Local News Notes: Buys Pismo Street House,” Daily Telegram, 6 Feb. 1923, p. 5; “Superior Court:

Probate,” weekly San Luis Obispo Tribune, 17 Feb. 1922, p. 3.

24. 1949 Los Angeles County death certificate and 1880 US Census.

25. “Teapot Hiss for Simi School,” Los Angeles Times, 17 Apr. 1909, p. 25; “Ventura Notes,” Los Angeles Times, 13 Oct. 1903, p. 11; “Interesting News from Camarillo,” Oxnard Courier, 12 Feb. 1905, p. 5.

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12 teams and coaches the former to a county championship, then challenges any school in Southern California to the region’s championship.26 1905–1907 Brecheen is principal of the Cambria school, one of three teachers, the other two being women.27

Thomas L. Brecheen with his faculty as principal of the Cambria School. San Luis Obispo Daily Telegram, 24 June 1907, p. 1.
1906 June 5 The County Board of Supervisors appoints T. L. Brecheen to the County Board of Education.28
1907 June 22 The Mission school district trustees appoint Brecheen principal of San Luis Obispo’s grammar schools, Nipomo Street (first through eighth grades) and Court (second through sixth grades), one of fourteen teachers, the other thirteen being women.29
July 2 The County Board of Education elects Brecheen its president.30

26. “Ventura: Teacher Marries Pupil,” Los Angeles Times, 25 May 1904, p. 11; “Basketball Challenges to All Southern California,” Los Angeles Times, 19 Feb. 1905, p. 23.

27. “Brief Mention,” Oxnard Courier, 14 July 1905, p. 2.

28. “Supervisors,” daily San Luis Obispo Tribune, 6 June 1906, p. 4.

29. “New Principal for City Schools,” Daily Telegram, 24 June 1907, p. 1; “School Notes of Interest,” Daily Telegram, 18 Sep. 1907, p. 5.

30. “School Notes of Interest,” Daily Telegram, 2 July 1907, p. 5.

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13 July 22 Brecheen buys the just-completed bungalow at 1133 Pismo “Fine Property Changes Hands”).

Oct. 14 Brecheen is arrested and arraigned for assault after flogging sons of some of the leading citizens of San Luis Obispo for disobedience. He pleads not guilty, and the charges are dropped as unsustainable.31 Dec. 25 The eighth grade students present Brecheen with a gold-mounted Waterman fountain pen for his “unceasing efforts in their behalf” and “many kind words of encouragement, counsel, and advice.”32 1908 July 23 Brecheen marries May Miller of Berkeley (“Prof. Brecheen Takes Bride”).

Aug. 12 In a dispute with the district trustees over whether he will take all or part of the eighth grade class, Brecheen resigns as principal of the Nipomo Street and Court Schools.33
Dec. 14 Brecheen is reported departing, supposedly for a principalship in Alameda, after the Board of Supervisors removes him from the County Board of Education, in his absence, for being absent without leave.34 1910–1911 Brecheen is reported as a teacher in Oakland, at Fremont High School.35 1912–1919 After clashing with the Oakland school trustees over the unauthorized purchase of forty-four typewriters at Fremont, Brecheen becomes principal of the new high school in Calistoga (1912–1916), superintendent of the high school and grammar school in Ceres (1916–1917), principal of Clovis high school (1917–1918), and Livermore (1918–1919).
36 He eventually
loses a lawsuit over the unpaid bill for high school yearbooks at Ceres, possibly flees arrest over Spanish flu infections at Clovis, and is fired by the Livermore school trustees for interfering in a trustee election and investigated by the Alameda County deputy district attorney for falsely reporting University of California and University of Texas degrees qualifications.
37 The County Board of Education moves to revoke his
teaching credential, but it has lapsed three years earlier. 1920 Apr. 10 Brecheen, having turned to real estate, is arrested for assaulting his former employer, Berkeley real estate man D. L. Jungck. He sues Jungck—twice. 38 31. “Warrant Is Served,” Daily Telegram, 15 Oct. 1907, p. 1.

32. “Remember Prof. Brecheen,” Daily Telegram, 28 Dec. 1907, p. 1.

33. “Brecheen Quits His Principalship,” 13 Aug. 1908, p. 1.

34. weekly San Luis Obispo Tribune, 15 Dec. 1908: “School Affairs: Brecheen Gets Place in Alameda Schools,” p. 2; “County Matters: Brecheen Is Dropped from Board of Education,” p. 4.

35. “Teachers Ask Legislative Aid,” San Francisco Call, 15 Nov. 1910, p. 8.

36. “Berkeley Bars Oakland Pupils,” San Francisco Call, 27 July 1912, p. 17; “The High School Teachers Chosen,” Weekly Calistogian, 6 Sep. 1912, p. 3; “Ceres Board of Education Is Economical,” Modesto Evening News, 1 May 1916, p. 8;

37. “Ceres School Prepares for Military Class,” Modesto Morning Herald, 30 Aug 1918, p. 5; “Former Teacher in Local Schools Leaves Fresno County and Wild Rumors Are Afloat,” 27 Sep. 1918, p. 1; “County Sifts School Fight at Livermore,” Oakland Tribune, 13 Dec. 1919, p. 3.

38. “Realty Broker Under Arrest,” San Francisco Examiner, 10 Apr. 1920, p. 10; “Realty Operator Sued Second Time,” San Francisco Examiner, 20 May, 1920, p. 20.

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14 Aug. 3 After Brecheen goes into the rea estate business on his own, police inspector breaks up an altercation in the lobby of the First National Bank of Berkeley between Brecheen and a client who claims he has been duped.39 Aug. 9 Brecheen is arrested at his in-laws house, where he is living, for felony embezzlement, after a client accuses him of keeping the 25 percent down payment on a sale whose commission was to be 4 percent. He is arraigned Aug. 9, with bail fixed at $10,000.40 There is no record of the resolution of the charges, but he appears to stay out of jail.
1920 Nov. 19 The State Real Estate Commissioner, under California’s pioneering 1919 Real Estate Act establishing licensure, revokes Brecheen’s 1920 broker’s license on grounds of “embezzlement, false representations, and gross moral turpitude.” Brecheen sues him for unconstitutionally exercising judicial powers.41
1921 Sep. 19 The California Supreme Court rules against Brecheen, upholding the commissioner’s quasi-judicial right to revoke licenses (“SF No. 9782”). 1921 Nov. 18 The State Supreme Court rules against Brecheen for a second time, in his appeal against the State Real Estate Commissioner for having had his application for a 1921 broker’s license denied. The Oakland Real Estate Board calls these “two very important decisions by the State Supreme Court” (“Oakland”).
1922 Mar. 29 Brecheen pleads guilty to petty larceny in the theft of two glass doors from a Berkeley construction site.42
1924 Sep. 18 Brecheen is caught red-handed leaving a house in Albany with items belonging to the owner and is charged with burglary.43
1925 Apr. 10 After two hung juries on the burglary charge—Brecheen had been given keys by a tenant—he pleads guilty to petty larceny, and the burglary charge is dropped (ibid.).
1930 Apr. 3 May Miller Brecheen, living with her parents and nineteen-year-old daughter in Berkeley and working as a child’s nursemaid, declares herself on the US Census as widowed.
1933 Feb. 20 Brecheen—now “Tom Brecheen”—who has become a real estate agent in Ashland, OR and an organizer of the local Good Government Congress, helps organize the theft from a vault at the Jackson County Courthouse of 10,000 ballots and the burning of some and dumping in the Rogue River of others in the midst of an election recount. This is the culmination of the Jackson County Rebellion, a Depression-era populist takeover of

39. “Realty Row Is Near Riot,” San Francisco Examiner, 4 Aug. 1920, p. 20.

40. “Fraud Charge in Realty Deal,” San Francisco Examiner, 10 Aug. 1920, p. 10.

41. “Oakland Real Estate Board: Official Bulletin,” Oakland Tribune, Development Section, 15 Jan. 1922, p. 1; “SF No. 9782. In Bank. September 19, 1921,” San Francisco Recorder, 27 Sep. 1921, p. 8.

42. “Theft of Windows Charged to Broker,” Oakland Tribune, 29 Mar. 1922, p. 24.

43. “Former Principal Admits Larceny,” Oakland Tribune, 10 Apr. 1925, p. 20.

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15 government via the Good Government Congress, local Democratic Party, and paramilitaries known as the Green Springs Mountain Boys.44 Feb. 25 State and city authorities arrest the county sheriff, county jailer, a deputy, Brecheen, and two unnamed youths described as “courthouse boarders.” Brecheen is held in neighboring Josephine County as a precaution.45 He unable to make his $7,500 bail. Meanwhile, his daughter is pledging her sorority in Oakland.46
1933 Aug. 5 Brecheen, imprisoned since February, pleads guilty to ballot theft. His attorney seeks leniency, claiming, “Brecheen is not a chronic lawbreaker.”47 Circuit Judge George Skipworth sentences him to eighteen months in state prison, of which he serves a year.48 The recently-elected Jackson County sheriff, county judge, and Rogue River mayor are among others imprisoned for the theft. Llewellyn Banks, editor and publisher of the Medford Daily News and the quasi-fascistic and anti-Semitic prophet of the movement, is sentenced to life for murder after he shoots the constable serving a warrant on him in the case and dies in prison.
1934 May 7 For its coverage of the Jackson County Rebellion, the Medford Mail Tribune receives a Pulitzer Prize for “the most disinterested and meritorious public service rendered by an American newspaper during 1933,” the first small town newspaper so honored.49
1937 Nov. 25 Brecheen’s daughter Natalie marries Norvin A. Reed of Los Angeles, residing near McArthur Park. The Reeds rise in the world, living in Hollywood by 1941, Montebello by 1942 (possibly with Natalie’s divorced mother and widowed grandmother), and Toluca Lake by 1949.50 In 1949 Norvin Reed is described as a packing executive.51
1940 According to the US Census, Thomas Brecheen is divorced, working as a research assistant for the school district, and living in a rooming house on the edge of LA’s Japantown with seventy-three other male lodgers, mostly white, with a few Japanese, Filipinos, and Mexicans, ranging from laborers to street peddlers to night watchmen.

44. Jeff LaLande, “Good Government Congress (Jackson County Rebellion),” Oregon Encyclopedia, Oregon Historical Society, oregonencyclopedia.org, accessed 20 Feb. 2022.

45. “Sheriff and Jailer Nabbed as Ballot Theft Suspects,” Medford Mail Tribune, 26 Feb. 1933, p. 1; .

46. “State Will Call Many Witnesses in Trying Banks,” Medford Mail Tribune, 4 May 1933, p. 7; “Activities of Eastbay Society,” Oakland Tribune, 7 Apr. 1933, p. 12.

47. “Ashland Resident Admits Complicity in Ballot Thefts,” Sacramento Bee, 7 Aug. 1933, p. 9; “Fehl’s Tenure As County Judge Is Ended by Court,” Medford Mail Tribune, 8 Aug. 1933, p. 8.

48. “Schermerhorn’s Commitment Is Filed In Court,” Medford Mail Tribune, 3 July 1934, p. 3.

49. “Some State Comments on Award of Pulitzer Medal,” Medford Mail-Tribune, 10 May 1934, p. 8.

50. County of Los Angeles marriage license; “Baby Shower,” Highland Park News Herald, 14 Feb. 1941, p. 10; “Bride-Elect Feted in Hollywood,” Ventura County Star–Free Press, 31 Mar. 1942, p. 5; “Indian Student Addresses Troop at International Meet,” North Hollywood Valley Times, 21 May 1951, p. 11; “Baskets of Flowers,” photo caption, Los Angeles Times, 26 May 1952, part ii, p. 23;

51. Austin Conover, “Roaming Around,” Hollywood Citizen-News, 15 Nov. 1949, p. 9.

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16 1949 Feb. 9 At the end, suffering from cerebral thrombosis and senility, Thomas L.

Brecheen is living with his daughter’s family in Toluca Lake and dies at LA County General Hospital, age seventy-one.
52 1950s The Norvin Reeds become San Fernando Valley social fixtures in the Los Angeles press, fundraising for the LA Philharmonic, Florence Crittenton Home, and Toluca Lake Garden Club. Natalie joins the social-philanthropic National Charity League with her daughters Mayla Ann and Melinda Natalie.53
1958 Nov. 29 Brecheen’s elder granddaughter Mayla Ann Reed debuts at National Charity League Coronet Debutante Ball at the Beverly Hilton. Graduating from UCLA she becomes, like her grandfather, an elementary school teacher.54 May Miller Brecheen dies in 1965; Natalie Brecheen Reed, after divorce from her husband, in 1972.

Thomas Brecheen, May Miller Brecheen, and Natalie Brecheen Reed are interred together at Forest Lawn, Glendale.55
Natalie Brecheen Reed (third from left) raising money for the LA Philharmonic, Valley Times, 16 Sep. 1954, p. 4 Mayla Ann Reed debuts, Los Angeles Times, 1 Dec. 1958

52. Los Angele County death certificate.

53. Peggy McCall, “Valley Ticktockers To Receive Awards,” Valley Times, 9 June 1960, p. 11.

54. “Coronet Debutantes Bow at Charity League Ball,” Los Angeles Times, 1 Dec. 1958, part ii, p. 1; “Spinsters Take in 22 New Members,” Los Angeles Times, 13 Nov. 1966, part I, p. 11.

55. Thomas Levin Brecheen, findagrave.com, accessed 20 Feb. 2022.

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17 Definitions
Distinguishing Neoclassical and Colonial Revival There is a good deal of confusion between Colonial Revival and Neoclassical of the late nineteenth through twentieth centuries, given their roots in the same English Enlightenment representations of Italian Renaissance interpretations of Roman architecture. There are, in fact, many Neoclassicisms; Colonial Revival is only one; and Neoclassical is best used as a catch-all.

Virginia and Lee McAlester in A Field Guide to American Houses, the Bible of American house types, dangle a red herring by defining Neoclassical as having stylistic roots in the two-story porticos of state pavilions of the 1893 Columbian Exposition. They snippily add that Mount Vernon’s two-story portico—the basis for the exposition’s Virginia Pavilion— was completed only in 1784 so is not Colonial, which overlooks (1) it was planned in 1774, and Washington had an excellent excuse in not getting it done immediately; (2) other surviving houses—e.g., the Morris Jumel Mansion in Washington Heights, New York City and Whitehall in Annapolis, MD—had Colonial-era two-story porticos; and (3) revivalists were not interested in parsing architectural agglomerations.56 Even the McAlesters, in their examples, don’t stick to their narrow definition, which would allow the only Neoclassical dwelling in San Luis Obispo to be the apartment house at 1248 Palm, a post-1941 Greek Revival more likely inspired by Gone With The Wind than the Chicago World’s Fair.

Tara in Gone With the Wind, 1939, and 1248 Palm Street, after 1941, both with squarecolumned Greek Revival portico and anachronistic Federal fanlight. (Greek Revival fanlights are rectangular, as the ancient Greeks didn’t have arches.) The post-Centennial revival of early American architectures cast a broad net for its references, drawing on everything from seventeenth-century Post-Medieval English to Dutch Colonial, Georgian, and early nineteenth century Federal and Greek Revival. Colonial Revivalists were taken with eccentricities, and they freely mixed elements from different periods in the same structure. Perhaps the San Luis Obispo Tribune’s 1904 comment on the E. B. Stanton House at Buchon and Garden—“The style may be best expressed as American”—is the most apt.

56 (New York: Knopf, 1996), p. 346.

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18 Since at least 1856—when
Henry Miller depicted a twostory Greek Revival adobe
next to the Mission, at the
foot of the former Indian
slave cabins of Chorro street
(detail right)—Neoclassical
buildings have aggrandized
real San Luis Obispo with a
connection to the ideal Greek
and Roman past.

These include the Sauer-Adams Adobe (extant), a ca 1860 Greek Revival expansion of two ca 1801-1810 single-story Indian slave cabins, with its square-columned, full-width balcony, pedimented windows and doors, and rectangular fanlight; Thomas J. Johnson’s 1872–1873 County Courthouse (demolished); William H. Weeks’s 1905–1906 Mission High School (demolished), its walls entirely of rusticated stone; Julia Morgan’s 1934 Monday Club (extant), based on Andrea Palladio’s Villa Poiana in its façade, La Rotonda in its (faux) cruciform organization; Walker and Eisen’s PWA Moderne 1935–1941 County Courthouse, with its Roman aquilae, laurel wreaths, lattice, and fasces; the opposing 1942 Greek Revival Fremont Theater; and the recent Court Street Shopping Plaza, with a gallimaufry of segmental arches and pediments and a Diocletian window topping its cookie store.

Left: The Sauer-Adams Adobe before being obscured by a street tree; the Gothic Revival festoon trim is a later addition over Greek Revival square columns. Right: The Sauer-Adams front door with pediment, rectangular fanlight, and Alex Gough, occupant since 1939, when his grandmother, novelist Helen Adams, purchased and restored the adobe.

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19 Thomas J. Johnson’s San Luis Obispo County Courthouse, 1872–1873. Johnson designed a number of substantial Neoclassical buildings in San Francisco, including Maguire’s Opera House, the Russ House, and the Occidental Hotel’s second phase. He died in 1875; none of his work appears to have survived. Photo by Frank Aston, 1915, Cal Poly Special Collections.

William H. Weeks’s 1905–1906 Mission High. The few formal stone-built Neoclassical buildings of the Colonial era used rustication only on the basement floor—“the rustic.” Henry Hobson Richardson borrowed and popularized full rustication from Renaissance Florence, using it on his iconic 1885–1887 Marshall Field Wholesale Store (demolished) in Chicago.

Here the huge Roman lattice entry light is also non-Colonial. The pediment with oculus hints, however, Weeks may have had Mount Vernon or Monticello back of mind.

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20 Above: Villa Poiana, late 1540s, from George Loukomski’s L’Oeuvre d’Andrea Palladio: Les Villas des Doges de Venise, 1927. Below: Julia Morgan’s 1934 Monday Club, with Poiana’s second story for grain storage removed but repeating the horizontal proportions of the central bay and wings and details like the arch’s slight intersection with Palladio’s rare open pediment, while deconstructing the arched and flanked Palladian opening of the entry.

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21 Below: Diocletian windows with
faux keystones crowning Court
Street Shopping Plaza
Above: PWA Moderne, an outgrowth of twentieth century Stripped Classicism, in 1935 section of the County Courthouse, Monterey Street. Bas relief aquilae (spread eagles) top and laurel wreaths flank center windows. Roman woman in tunic and soldier in cingulum militare, backed by fasces (Roman symbol of the magistrate’s power, also adopted by Mussolini in 1914) support tablet with Lord Clarendon’s quotation on the law. Roman lattice flanks the glass door topped oddly by a Colonial swan neck pediment, out of place in size and reference.

Above: 1942 Greek Revival neon of architect S. Charles Lee (Simeon Levi). From top: a Greek key in purple; multi-colored palmettes flanked by gold acanthus leaves and red lotus blossoms form the Greek anthemion; Vitruvian waves line the marquee. Acanthus leaves painted on the ceiling and woven into the carpet glowed in ultraviolet light, and the tower is in the form of a Greek psalterion. Scholarship had established by then that Greek temple friezes were painted in blue, red, gold, a contrast to Walker and Eisen’s just-completed staid Romanism.

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22 Colonial Revival and Streamline Colonial In defining a revival, it’s essential to look at contemporary phenomena rather than focus solely on the source of inspiration. Tudor, for instance, was revived in five different ways—Stick, Shingle, Queen Anne, Prairie, and Minimal Traditional—during only fifty years of American architecture. Meanwhile, American Queen Anne never referenced the actual architecture of Queen Anne’s reign; neither did its progenitor, the Queen Anne Revival in England, innovated by Norman Shaw as a counterweight to Gothic for secular use but essentially Jacobethan in its inspiration.

McKim, Mead, and White’s Appleton (1883–1884) and Taylor Houses (1885–1886), both asymmetric (to accommodate service wings) and streamlined (the Taylor House’s wraparound terrace invisible because balustraded only at left and covered periodically). Most significant for the birth of Streamline Colonial: both used clapboard instead of shingle siding.

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23 Hence what the McAlesters very practically did in 1984 in the Field Guide to American Houses was try to divide Colonial Revival into (1) “asymmetrical form with superimposed Colonial details” and (2) “the more authentic symmetrical” (326), using McKim, Mead, and White’s Alice and Julia Appleton House (Lenox, MA, 1883–1884; destroyed by fire) as an exemplar for the former and the H. A. C. Taylor House (Newport, RI, 1885–1886; demolished) for the latter. This defined separate and oppositional modernizing and traditionalizing trends. They based this taxonomy on Vincent Scully in 1955, who based it on Henry-Russell Hitchcock in 1944. Yet its practicality is undermined by its inaccuracy.

Both Appleton and Taylor Houses are asymmetrical. Both superimpose Colonial details, and neither is “authentic” (i.e., could be mistaken for an actual Colonial house—even though McKim arranged the Taylor House’s shingles to look like it had buckled over time).

The two houses’ contemporary commonalities seem more important: these would be passed down to America’s suburbs. Compared to actual Colonial structures, both houses have substantial elements of streamlining, including clustering of windows (particularly in the Taylor House), the expansion of wall space (particularly in the Appleton House), linear friezes (above the clustered windows in the Taylor and along the whole façade in the Appleton), continuity of horizontal outdoor space (the Appleton’s integrated porch and the Taylor’s wraparound terrace with porches supporting balconies), and decorative details like the stringcourses on the Taylor’s chimneys. The outdoor structural spaces introduce the lines of classical columns that so characterize the revival and are uncommon in actual Colonial houses (though less uncommon in Federal).

Compared to McKim, Mead, and White’s rambling Shingle structures, the Appleton and Taylor Houses both organize horizontal space more compactly, which will be a favored characteristic in suburban evolution. They replace the continuous skin of Shingle with horizontal streamlines of clapboard.

A Loring and Phipps Shingle Colonial Revival gambrel house in Newton, MA and an Alfred Messel clapboard gambrel house in the suburbs of Berlin, both from Karl Scheffler’s Moderne Baukunst, 1908.

More practical than creating a false (and needlessly prolix) dichotomy between “asymmetrical form with superimposed Colonial details” and “the more authentic symmetrical” is to apply Streamline Colonial as the term for the American suburban style circa 1890–1910. “Streamline” expresses the character-defining features of decorative

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24 minimalism, planar emphasis, linearity, and curvature that made Streamline Colonial the American counterpart and counterweight to Art Nouveau, Jugendstil, and Secession, including various European folk revival styles (Heimatstil, Transylvanian, Nordic National Romantic) within those latter trends. While those styles to a large extent battled Neoclassicism in the transition to modernism, Streamline Colonial (and Shingle Colonial before it) harnessed Neoclassicism and its attendant rationalism as the only available American folk style.

The word streamline came into use by the 1890s as a noun in nautical engineering and would soon develop into an adjective for land-based design; consequently it fits the Zeitgeist. But modern was the common contemporary descriptor for Streamline Colonial and Shingle Colonial, from San Luis Obispo newspapers to Karl Scheffler’s Moderne Baukunst (Leipzig: Julius Zeitler, 1908), which illustrated a Loring and Phipps gambrelroofed Shingle Colonial Revival among structures by the great Secession, Jugendstil, and Art Nouveau architects Josef Hoffmann, Peter Behrens, and Henry van de Velde and the more Classicizing Alfred Messel. Indeed the Colonial Revival gambrel roof was a significant American export to the European proto-modernist movement.

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25 Architectural Historic Context
The Shingle style and Streamline Colonial For the roots of Streamline Colonial, and its sense of differentiation, one can go farther back than the Appleton House, to McKim, Mead & Bigelow’s 1877–1878 Samuel Gray Ward House in Lenox (Oakswood; destroyed by fire 1903), which was perhaps the earliest Colonial Revival of which we have documentation and one of the earliest Shingle style houses.

In organization, Oakswood
(right, photographed in 1886)
resembled another McKim,
Mead, and Bigelow Shingle
house from 1879, Fort Hill
(Lloyd Neck, NY; extant but
altered beyond recognition): a
rambling structure with
numerous pushouts, gables, and
chimneys. As Vincent Scully
points out in The Shingle Style
and the Stick Style, once Norman
Shaw’s floorplans became
available to American
architects, they adopted the
English revival of the central
great hall around which other
rooms agglomerated (14–16).

This created a new interior sense of space and exterior sense of disorganization. It was also hard to carry into the restricted space of the suburbs, though San Luis Obispo’s 1906 Shingle style Victor and Alice Page House at 1344 Mill Street has a somewhat diminutive great hall with fireplace squeezed into a the middle of a rectangular house.

One thing that distinguished Oakswood from Fort Hill (below, 1879 elevation) was Colonial reference in the former (pediment gables; windows with wood muntins and shutters; baycentered entry façade window topped with a panel and swan neck pediment; and short, plain chimneys with pyramidal crowns) and Tudor reference in the latter (overhanging gables; octagonal towers; oriel windows; leaded panes; and tall, compound chimneys).

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26 Neither set of references was overwhelming nor constricting; in form and fabric they both present as East Coast Shingle. The exterior intent of Oakswood was emphasized by interior Colonial style paneling and furnishings, but quite often interior styles were distinct.

The William Stillman photograph (below) commissioned by Charles McKim and used to launch Henry Hobson Richardson’s New York Sketchbook of Architecture in 1874—the first photomechanical reproduction of a building in print—was of the rambling shingled rear accretions to the clapboard Bishop Berkeley House, Whitehall, not the neat and rational front. Both Shaw and the American Shinglists tried to reproduce in new architecture the sense of the organic development of a country house over extended time and space.

Henry Hobson Richardson had innovated the Shingle style on the East Coast in 1874–1876 with the Watts Sherman House in Newport, RI (extant). Its ground floor is stone, with a shingle second floor and shingle-faced third-floor gables. Overhangs, leaded glass, and compound chimneys are joined by a smattering of half-timber to make the Tudor reference clear, but the more direct inspiration was Norman Shaw’s country houses of the late 1860s and early 1870s in England, perspective drawings of which had become available to an American audience in the British Building News and American Architect and Building News.

Shaw’s Tudor designs—which “presently became known as ‘Queen Anne,’ for no good reason,” as one of his American obituarists wrote57—used hung tiles on the second floor and third-floor dormers. In Shaw’s elegant drawings, and in the absence of color photography showing their orange clay, these were easily reimagined as wood shingles, and the East Coast Shingle style adopted them in natural wood and eventually spread them to all surfaces as the dominant theme. In contrast, the American Queen Anne painted them and tended to use them for accents—on gables, towers, or dormers, for string courses, and only occasionally for upper floors. Of course, some Shingle style buildings were

57. “Norman Shaw,” New York Sun, 3 Dec. 1912, p. 8.

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27 subsequently painted and may even have been painted at the time, but in general the more relaxed aesthetic of Shingle style remained consistent with a natural wood finish.

Shingle minimalism and planarity American architects and builders experimented with shingles in ways unimagined by their English counterparts, influencing form. Shingles could bend around curves and add texture to otherwise blank spaces. This led in two opposite directions: in the Shingle style, to minimalism; in Queen Anne, to additional decorative exuberance. The two great experiments in Shingle minimalism are McKim’s William G. Low House (Bristol, RI, 1885–1887; demolished 1962) and A. C. Schweinfurth’s First Unitarian Church (Berkeley, CA, 1898; extant). Each is essentially one vast gable, the latter in the form of an open pediment with a single oculus.

William G. Low House, McKim, Mead and White, 1885–1887: in the form of a single encompassing gable. HABS photograph before demolition.

First Unitarian Church, A. C. Schweinfurth, 1908: the encompassing gable becomes an open pediment with oculus
In contrast is Samuel and Joseph Newsom’s 1889 house commissioned by Eureka lumber baron William Carson for his son Milton (below left), a purer form of Queen Anne than the

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28 Newsoms’ more iconic but heavily Stick Carson Mansion (below right), built for the father in 1884–1886 (photographs by Clinton Steeds and Cory Maylett).

Shingle curvalinearity Curvature in
Shingle style was often expressed in such
touches as the walls of a tower, porch, or
dormer, but it extended to roof shingles, as
well, with eyebrow windows and bellcast
eaves.

Probably the greatest tour de force of
Shingle style roof and wall curvature was
Ernest Coxhead’s 1890–1891 Church of St.

John the Evangelist in San Francisco (right,
dynamited to provide a firebreak during the
San Francisco Fire of 1906. Its minimalism
and planar emphasis also stands out in
comparison to the contemporary Queen
Anne and Stick buildings above.

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29 Shingle historicist reference and
deconstruction The tendency for
Shingle style buildings to rely for fabric
interest on the shingles themselves—
sometimes homogenous, sometimes cut in
different patterns or arranged in different
patterns—rather than large numbers of
windows or decorative trim shows in the
dramatic superimposition of Colonial
details on planes of shingling. Bruce Price’s
influential Travis Van Buren House (Tuxedo
Park, NY, 1884–1885; no longer extant)
placed a dark-painted Palladian window
above the faux keystone of a curving shingle
entry arch that looks more organic than
structural and below four tiny arch
windows topped by shingles as faux
voussoirs (right, ca 1885).

Price may have borrowed this idea of the central Palladian window from Henry Hobson Richardson, who placed one in the east façade of his last country house, the Shingle style Stonehurst (Robert Treat Paine House, Waltham, MA, 1883–1886), or it may have been a simultaneous inspiration. A façade-centering Palladian window was rare but high-profile feature of Colonial architecture, including in the tower façade of Andrew Hamilton’s 1733– 1756 Independence Hall and the north façade of George Washington’s Mount Vernon, a renovation planned in 1774 but completed in 1787.

A likely to Price was Ernest
Coxhead’s magnificently
minimalist and
deconstructionist 1901
Wayburn House in San
Francisco (extant, right,
photo by David Duncan
Livingston). It insets and
separates the elements of the
Palladian window within a
recess and flanks it with
similarly deconstructed flush
versions of its descendant,
the San Francisco variant of
the Chicago window (a large
fixed panel flanked by two
narrow sashes, but in mild
but foggy San Francisco the
central panel is replaced by a

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30 sash and the whole assemblage is thrust out in a part-octagon oriel). In the Wayburn House, the elements that protrude from the shingle façade are an asymmetric faux staircase balustrade below the Palladian window and a segmental pediment with a fanlight unusually, perhaps uniquely, set within it above an asymmetric entrance.

Bay Area Shingle style The Shingle style was innovated in California at the same time as the East Coast, when the architecturally influential Rev. Joseph Worcester built a cabin retreat in Piedmont (1876–1877). This had no reference to the tile-hung Tudors of Norman Shaw but instead melded into a natural landscape with its low profile and bellcast roof.

The Worcester House from a painting by William Keith and detail from another Keith view A number of subsequent leading architects of Bay Area Shingle had worked for East Coast firms: A. Page Brown and Willis Polk for McKim, Mead, and White; A. C. Schweinfurth for Page Brown in New York and Peabody and Stearns in Boston; John Galen Howard for Henry Hobson Richardson and Shepley, Rutan, and Coolidge; and Bernard Maybeck for Carrère and Hastings, who had in turn worked for McKim, Mead, and White. But the substantial influence of East Coast Shingle in the Bay Area in the 1890s combined with local cabin sensibilities; European influences from the Ecole des Beaux Arts–trained Maybeck and Julia Morgan and English-born and -trained Ernest Coxhead; Japanese influence; and a California spirit of anything goes to produce spectacularly different structures.

East Coast and Bay Area Shingle styles in San Luis Obispo Oakland architect Walter J. Mathews’ Ramona Hotel (1888, following page), which employed 460,000 shingles, was a clear example of early East Coast Shingle. Like Richardson’s Watts Sherman House, it was Tudor Revival on the outside and Aesthetic in, with streamline touches chiefly in the curving walls of its fourth-floor dormer windows and its (still angular) wraparound porch.

In contrast, the LeRoy Smith House (1905–1906) at Mill and Johnson, designed by William H. Weeks, is an asymmetric Shingle house that appears to refer to early nineteenth-century Massachusetts Bay Greek Revival and is an outpost of a Bay Area suburban subtype now referred to as High-Peaked Colonial Revival but described by contemporaries as “Dutch” (it is not at all Dutch).58 The earliest known East Bay example, from 1894, was designed by

58. Daniella Thompson, “High-Peaked Colonial Revival, a Bay Area Phenomenon,” Berkeley Daily Planet, 24 March 2006, retrieved from berkeleyheritage.com 17 Feb. 2022.

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31 Edgar Mathews, Walter’s younger brother. High-Peaked Colonials are usually perpendicular to the street on the Bay Area’s narrow lots, with a front-facing gable; the Smith House is unusual for an entrance on the long side under the shed dormer. The Smith House’s near neighbor of the same year, 1344 Mill, the Page House, by architect L. H Lane, is really only imaginable in California, with Japanese irimoya roof and polygonal entry and porch arches—not to mention an innovative asbestos substrate below the wall shingles, as Shingle buildings were prone to destruction by fire (the Ramona burnt to the ground in 1905).

William H. Weeks’ LeRoy and Sara Smith House and L. H. Lane’s Dr. Victor and Alice Page House, both 1906, 1306 and 1344 Mill Street. The Page House, despite its West Coast origins and Japanese look, has a (small) English style great hall in the center.

Linearity: clapboard and drop siding Streamline Colonial Streamline Colonial—in painted clapboard, shiplap, or novelty siding—starts appearing in American suburbs around 1890, though early examples get lumped in with Queen Anne. It comes into its own

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32 as a bungalow style around the turn of the century. Streamline Colonial inherits Shingle’s minimalism, planar emphasis, and sometimes curvature (in wraparound porches and bellcast roofs), adding linearity by replacing shingles with boards, generally lowering its profile for bungaloid horizontality, and compacting its organization to fit a suburban lot.

Illustration of a $600 Streamline Colonial
“country house” printed across the country in
a syndicated column by Foster Thorpe in
March 1892. Note the pedimented porch
(with spindle columns), pediment front gable,
swan neck pediments over the flush windows,
dormer, and novelty siding. More opulent
versions than this two-up, two-down model
would spread porch and interior quarters
more broadly. (“A Plain Country House,” San
Diego Union, 20 Mar. 1892, p. 7.)
Streamline Colonial references These include both Colonial and post-Colonial features, often quite rare ones that caught the revivalist eye:
pediments above entries or select windows
pediment gables, i.e., gables that are closed or partially closed at the ase, whether with molding or the edge of a hip roof
bellcast roofs
columns, generally round, unfluted, and Tuscan or Ionic but sometimes (inauthentically) spindle or elephant leg
Porches, often wraparound and curved
dormers
Palladian windows or variations thereof
oeil-de-boeuf windows
fanlights
diamond-paned windows with wood muntins from seventeenth-century examples, though the examples were often victims of back-restoration, householders having adopted square-paned windows by the eighteenth century
Common elements that are not Colonial or Federal in origin include Grouped windows
octagon bay windows
oriel windows
Window borders, of square or diamond panes, with wood muntins or leading Leaded windows, including stained glass

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33 The Universe of Master List Streamline and Shingle Colonials, San Luis Obispo To assess the Brecheen House’s appropriateness for the Master List, it’s important to understand the nature of the Streamline Colonial and related Shingle Colonial houses already on the list. They number over thirty, or about 8 percent of the list, and include a number of overlapping subtypes.

Streamline and Shingle Colonial Revival subtypes First comes the transitional subtype, of which the prime examples are the 1889 Righetti House at Palm and Johnson and 1894–1895 Erickson House at Broad and Islay. They have entrance pediments, pediment gables, curved wraparound porches, and other Colonial Revival elements. But they were also built with random elements like jerkinhead gables, non-classical columns, and ridge cresting (Righetti), sunbursts and a horseshoe arch (Erickson). The Righetti’s designer—“Major” S. B. Abbott, serially an Oregon millwright, Kansas lawman, Central Coast architect, and LA oilman—called it Romanesque, presumably for the prominent arch.

In less prominent examples, mixed forms persisted. The pre-1905 Fumigalli House, post1905 Oliver House, and 1910 Bushnell House all have front-facing pediment gables, asymmetric porches, and drop siding consistent with Streamline Colonial, but their porch columns are spindle with column brackets, a persistent spindle column cottage subtype that never acceded to the classical orders or the notion that less is more. The Fumigalli House, in addition, has bracketed cants on its bay window, a Queen Anne characteristic.

The experimental possibilities of Colonial Revival: Left, the entry façade of Frank Lloyd Wright’s 1889 house in Oak Park, IL substitutes a curved brick wall and elephant leg posts for a curved portico, places a disassembled Colonial Palladian window in the center of a Federal open pediment supported by mid-nineteenth semi-octagon bays rather than columns, and combines them with leaded diamond panes, shingle siding, and acute gable angle of seventeenth century New England houses. Yet it appears Modernist in its minimalism and Postmodernist in its deconstruction. Wright borrowed the façade from Bruce Price’s Chandler House at Tuxedo Park but simplified. Right, a San Luis Obispo house built and possibly designed by contractor C. E. Strickland evolves its entry pediment into the gable of an irimoya roof supported by squared Tuscan columns. It forms its façade from two semi-octagon bays with rare blank fronts and columned rather than bracket cants at the house corners. The East Coast and Far East are melded with unique elegance.

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34 San Luis Obispo’s Master List also has four quite diverse houses in a square-column subtype, including the 1902–1903 J. L. Anderson House on Dana Street with elephant leg columns and the ca 1906 Mazza House in Bishop Peak granite. Elephant leg columns are strongly associated with American Craftsman but occasionally occur in Shingle Colonial (e.g., the 1885–1887 Low House) and Streamline Colonial. The ca 1904–1905 C. E.

Strickland House, built at the same time as the Shingle style Page House, both with irimoya roof, should be interpreted as a rare (unique?) Japonesqe Streamline Colonial. Its cutaway corners are usually a Queen Anne characteristic, but in that style always bracketed and here supported by squared Tuscan columns. The Mazza House may also be unique: though Shingle Colonials sometimes have square columns of rusticated stone, these don’t have capitals as the Mazza does, and I know of no other Streamline Colonial cottage built wholly of rusticated stone—or of stone at all. (Frank Furness did large rusticated stone Colonial Revivals but sensibly with wood rather than stone columns.) The Master List includes four Shingle Colonials. The Unangst (1904) and Bullard (ca 1908– 1913) Houses employ gambrel roofs referencing the seventeenth century, with the Unangst House combining high-peaked, acute angled gables, also a seventeenth-century Colonial reference. Another house with a gambrel and high-peaked gables is carpenter R. S. Aston’s house at Chorro and Church, finished just as he was beginning work on Judge Unangst’s house. It emphasizes the seventeenth-century with a second-story overhang. The Aston House is Streamline Colonial, begun in dark, probably stained clapboard that was later covered with shingle and has now been restored, demonstrating that Streamline Colonial was often equally plausible in the Shingle style from which it sprang. The 1906 Dutton House—clapboard downstairs and shingle up—plays more freely with seventeenthcentury forms but had, like the Unangst, Bullard, and Aston Houses, anachronistic classical columns (it’s missing one) to emphasize the Colonial reference. The 1905–1906 LeRoy Smith House is, as mentioned before, a High-Peaked Colonial Revival, which occurs in the Bay Area in both shingle and horizontal siding and (like the Dutton House) combinations of both. Its square columns refer to early nineteenth century Massachusetts Greek Revival.

Another Streamline Colonial subtype comprises five houses in every respect of streamlining and Colonial reference like asymmetric Colonial Revivals except for being a symmetrical: the matching Albert (1904) and Baker (1904–1905) Houses at Morro and Leff; the previously mentioned Strickland House, both symmetrical and Japonesque; the socalled Dr. George B. Nichols House, at Monterey and Broad, built by B. Morganti in 1907 after Nichols’ death to replace the latter’s demolished house; and the Heritage Inn or Rufina Gallego de Herrera House (1910).

Which leaves about half of Master List Colonials of the era as more mainstream in materials and asymmetric form though nonetheless highly diverse, some even eccentric, of which the earliest was built by 1901 and the last circa 1910, comprising one-, one-and-a-half-, and two-story structures. In chronological order, the houses are the Brew (by 1901), Crocker and Marshall (1902), Upham (1903), Hourihan and Stanton (1904–1905), Hill (1905), Renetzky and Chapek (1906), Kaufman (ca 1906–1907); Ramage (ca 1907–1910), Kaiser (1908); Bradbury and Jackson (1910), Sandercock (1910–1911) and Frank Anderson (ca 1910).

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35 Dates of Master List Streamline and Shingle Colonial Revivals Accurate chronology is important in plotting the development of these styles in San Luis Obispo. The dates of the thirty-three houses below, sourced from contemporary documentation, either narrow or replace many of the accepted dates for these buildings. In addition, currently attributed house names are often not those of original or even significant owners and sometimes obscure female or minority ownership: examples include the house commissioned by Mrs.

Mary L. Elliott from Hilamon Spencer Laird, called for mysterious reasons the Upham House, although no Upham is documented as associated with it, and the Heritage Inn, where a current business name inappropriately substitutes for that of the original builder, Rufina Gallego de Herrera, of a prominent Californio family. 1889 On 17 May the daily Tribune reports having been shown plans for the Righetti House (1314 Palm) by Major S. B. Abbott, who has drawn them for attorney Ernest Graves (“A Fine
Residence,” p. 3). The “Romanesque cottage” is “receiving the finishing touches,” reported on 27 Oct. 1889, and painted in “warm, rich tints,” predominately terracotta (“A Notable Building,” p. 4). 1894–1895 Charles Erickson’s purchase of the corner lot at Islay and Broad was announced 18 Nov. 1894 (“San Luis is to have another magnificent building,” Tribune, p. 3), the commencement of construction Nov. 22 (“Charles Erickson will in a few days,” Tribune, p. 1), completion expected 1895 (“Erickson-Mehlmann,” Tribune, 8 Jan. 1895, p. 3).

By 1901 The Tribune’s first mention of the Brew House (771 Buchon) “on the corner of Buchon and Garden streets” appears on 23 Aug. 1901 (“David Andrews Wedded,” p. 4). (The owner is variously referred to as N. C. Brew, C. N. Brew, and Charles N.

Brew.) It does not appear in panoramic photographs of the early to mid 1890s so is likely constructed about the turn of the century.

Circa 1901–1905 In 1901 Andrew M. Erickson and wife sell the lot on which the Fumigalli House (463 Islay) sits to Anton Fumigalli for $300, reported in the Tribune (“Recorder’s Office,” 15 Sep., p. 3). The house appears in the 1905 Sanborn map. 1902 Design of the Crocker (793 Buchon) and Marshall Houses (785 Buchon) by William H. Weeks is announced in the Tribune on 27 Apr. 1902 (“Plans Received,” p. 2). The Crockers are “comfortably located in their new residence” on 7 Dec. 1902 (“Personal Mention,” p. 3); the houses are both listed by the Tribune on 1 Jan. 1903 as having been built in 1902 (“A Year of Building,” p. 1).

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