San Luis Obispo City Council
March 21, 2023

City Council
AGENDA

Tuesday, March 21, 2023, 4:30 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. CLOSED SESSION: STARTS AT 4:30 PM

1.a CALL TO ORDER
Mayor Erica A. Stewart will call the Closed Session Meeting of the San Luis Obispo City Council to order in the Council Hearing Room at City Hall, 990 Palm Street, San Luis Obispo.

1.b PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY
Public comment will only be accepted for Closed Session items.

1.c CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9. No. of potential cases: One.

A point has been reached where, in the opinion of the legislative body of the local agency on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the local agency. The existing facts and circumstances exposing the City to litigation are allegations that the City is requiring payment of development fees inconsistent with asserted vesting provisions of a development agreement related to the Avila Ranch Development, as set forth in detail in letters received from Avila Ranch Developers, Inc. and WCP Developers, LLC, which are on file and available for review in the City Clerk’s Office located at 990 Palm Street.

1.d ADJOURNMENT
The City Council will hold a Regular Meeting on March 21, 2023 at 5:30 p.m. in the Council Chambers at City Hall, 990 Palm Street, San Luis Obispo.

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

3. PLEDGE OF ALLEGIANCE
Mayor Erica A. Stewart will lead the Council in the Pledge of Allegiance.

4. PRESENTATIONS

4.a SURVEYOR'S WEEK PROCLAMATION
Mayor Stewart will proclaim the week of March 19 - 25, 2023 as "Surveyor's Week".

4.b INTRODUCTIONS - FIRE DEPARTMENT ADMINISTRATIVE

ANALYST AND DEPUTY FIRE CHIEF
Fire Chief Todd Tuggle will introduce Nicole Vert, Administrative Analyst, and Sammy Fox, Deputy Fire Chief.

4.c INTRODUCTIONS - ENGINEERING DEVELOPMENT REVIEW
Community Development Director Michael Codron will introduce Engineering Development Review staff, Brian Rodriguez, Senior Civil Engineer, and Nate Stong, Senior Civil Engineer.

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

5. 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.

6. 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 6a to 6h.

6.a WAIVE READING IN FULL OF ALL RESOLUTIONS AND

ORDINANCES
Recommendation:

Waive reading of all resolutions and ordinances as appropriate.

6.b MINUTES REVIEW - FEBRUARY 28, 2023, MARCH 2, 2023, AND MARCH 7, 2023 COUNCIL MINUTES
9 Recommendation:

Approve the following minutes of the City Council:
• February 28, 2023 - Special Meeting
• March 2, 2023 - Special Closed Session Meeting
• March 7, 2023 - Regular Meeting

6.c 2023 ANNUAL APPOINTMENTS TO CITY ADVISORY BODIES 21 Recommendation:

As recommended by the Council Liaison Subcommittees, make appointments to the City of San Luis Obispo's advisory bodies and continue to recruit for any unfilled vacant positions.

6.d ANNUAL MONITORING FOR THE AVILA RANCH DEVELOPMENT

AGREEMENT, MITIGATION MEASURES, AND PROJECT

CONDITIONS
29 Recommendation:

Receive and file the Annual Monitoring Report for the Avila Ranch Development Agreement, mitigation measures, and required project conditions.

6.e SECOND READING OF ORDINANCE NO. 1724 (2023 SERIES)

AMENDING SEVERAL SECTIONS OF THE MUNICIPAL CODE TO

AUTHORIZE DESIGNEES OF THE POLICE CHIEF TO ISSUE

CITATIONS FOR ALL INFRACTION AND MISDEMEANOR

VIOLATIONS OF THE MUNICIPAL CODE
93 Recommendation:

Adopt Ordinance No. 1724 (2023 Series) entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California, amending Title 1 “General Provisions”, Chapter 1.16 “Citation Procedure”, Section

1.16.060 “Code Enforcement Officer Designation Authority,” and Title 10 “Vehicles and Traffic”, Chapter 10.08 “Administration”, Section

10.08.070 “Enforcement,” and Chapter 10.68 “Inoperative Vehicles,” Section 10.68.020 “Definitions;” and amending Title 9 “Public Peace, Morals and Welfare” to add Chapter 9.60 “Enforcement” in order to authorize designees of the Police Chief, including Community Service Officers, to issue citations for all Infraction and Misdemeanor Violations of the Municipal Code and making a determination of exemption under the California Environmental Quality Act.”

6.f SECOND READING OF ORDINANCE NO. 1725 (2023 SERIES)
AMENDING CHAPTER 17.86 AND CHAPTER 9.10 OF THE

MUNICIPAL CODE MODIFYING RETAIL STOREFRONT

OPERATIONAL RULES
105
Recommendation:

Adopt Ordinance No. 1725 (2023 Series) entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California, amending Chapter 17.86 (Regulations for Specific Land Uses and Activities) and Chapter 9.10 (Cannabis Regulations) of the Municipal Code modifying specific rules for commercial cannabis business retail storefront operations.”

6.g APPROVAL OF FEDERAL TRANSIT TITLE VI PROGRAM UPDATE

AND PUBLIC TRANSPORTATION AGENCY SAFETY PLAN
117
Recommendation:

Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, approving Federal Transit Administration Title VI Program Update and Public Transportation Agency Safety Plan for the San Luis Obispo Transit Services”; and

1. Authorize the City Manager, or their designee, to revise and execute any required certifications, forms, and associated documents on behalf of the City to comply with the FTA
requirements discussed in this report.

2. 6.h APPROPRIATION OF UNDESIGNATED INSURANCE FUND

BALANCE TO PAY LIABILITY CLAIMS COSTS FOR FISCAL YEAR
2022-23
255
Recommendation:

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 in the Insurance Fund Fiscal Year 2022-23.”

7. PUBLIC HEARING AND BUSINESS ITEMS

7.a INTRODUCE AN ORDINANCE AMENDING TITLE 17 (ZONING

REGULATIONS) OF THE MUNICIPAL CODE TO IMPLEMENT
HOUSING ELEMENT PROGRAM 2.15 AND POLICY 6.6 TO PROVIDE
A DOWNTOWN FLEXIBLE DENSITY PROGRAM (Estimated Time: 90 minutes)
261
Recommendation:

Introduce an Ordinance entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California, amending Title 17 (Zoning Regulations) of the Municipal Code to incorporate a Downtown Flexible Density Program for qualifying residential projects. Project is consistent with the previous Mitigated Negative Declaration for the 2018 Comprehensive Zoning Regulations Update (Downtown Flexible Density Program, CODE-0017-2023)” and adopt an Addendum to the previous environmental review determination.

7.b ADOPTION OF THE HOMELESSNESS RESPONSE STRATEGIC
PLAN (Estimated Time: 20 minutes)
355
Recommendation:

Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, approving the Homelessness Response Strategic Plan.”

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 April 4, 2023 at 4:30 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
February 28, 2023, 12:00 p.m.

City Hall, 990 Palm Street, San Luis Obispo
Council Members

Present:

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

1. CALL TO ORDER
A Special Meeting of the San Luis Obispo City Council was called to order on February 29, 2023 at 12:10 p.m. in the FIT Conference Room at City Hall, 990 Palm Street, San Luis Obispo, by Vice Mayor Marx.

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

None
--End of Public Comment--

3. COUNCIL DISCUSSION ITEM

3.a Brief Overview of City Communications Channels (10 Minutes) City Manager Derek Johnson and Communications Manager Whitney Szentesi provided a brief overview of the City Communication Channels and how the City Council could assist with spreading the City's messages.

No action was taken.

4. ADJOURNMENT
The meeting was adjourned at 1:02 p.m. The next Regular Meeting of the City Council will be held on March 7, 2023 at 5:30 p.m. in the Council Chambers at City Hall, 990 Palm Street, San Luis Obispo.

APPROVED BY COUNCIL: XX/XX/2023

1 Council Minutes
March 2, 2023, 3:00 p.m.

Human Resources Conference Room, 994 Mill St., Suite 200 (2nd Floor), San Luis Obispo
Council Members

Present:

Council Member Emily Francis, Council Member Andy Pease, Council Member Michelle Shoresman, Vice Mayor Jan Marx, Mayor Erica A. Stewart
City Staff Present: Derek Johnson, City Manager, Christine Dietrick, City Attorney, Mary Egan, Municipal Resources Group
_____________________________________________________________________

1. CALL TO ORDER
A Special Closed Session Meeting of the San Luis Obispo City Council was called to order on March 2, 2023 at 3:05 p.m. in the Human Resources Conference Room located at 994 Mill Street, Suite 200, San Luis Obispo, by Mayor Stewart.

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

None
--End of Public Comment--

3. CLOSED SESSION ITEMS

3.a PUBLIC EMPLOYEE PERFORMANCE EVALUATION

3.a.1 CONFERENCE WITH LABOR NEGOTIATORS
No reportable action was taken.

3.b PUBLIC EMPLOYEE PERFORMANCE EVALUATION

3.b.1 CONFERENCE WITH LABOR NEGOTIATORS
No reportable action was taken.

3.c PUBLIC EMPLOYEE PERFORMANCE EVALUATION

3.c.1 CONFERENCE WITH LABOR NEGOTIATORS
No reportable action was taken.

2 4. ADJOURNMENT
The meeting was adjourned at 6:00 p.m. The next Regular Meeting of the City Council will be held on March 7, 2023 at 5:30 p.m. in the Council Chambers at City Hall, 990 Palm Street, San Luis Obispo.

APPROVED BY COUNCIL: XX/XX/2023

1 Council Minutes
March 7, 2023, 4:00 p.m.

Council Chambers, 990 Palm Street, San Luis Obispo
Council Members

Present:

Council Member Emily Francis, Council Member Andy Pease, Council Member Michelle Shoresman, Mayor Erica A. Stewart Council Members

Absent:

Vice Mayor Jan Marx
City Staff Present: Derek Johnson, City Manager, Christine Dietrick, City Attorney, Teresa Purrington, City Clerk
_____________________________________________________________________

1. CLOSED SESSION: STARTS AT 4:00 PM

1.a CALL TO ORDER
Mayor Erica A. Stewart called the Closed Session Meeting of the San Luis Obispo City Council to order at 4:05 PM in the Finance & IT Conference Room at City Hall, 990 Palm Street, San Luis Obispo and indicated that Vice Mayor Marx was absent.

1.b PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY
Public Comments:

None
---End of Public Comment---

1.c CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION City Attorney Christine Dietrick indicated that there was no reportable action but we will continue to evaluate and report any reportable action moving forward.

1.d ADJOURNMENT

2 2. CALL TO ORDER
A Regular Meeting of the San Luis Obispo City Council was called to order on March 7, 2023 at 5:40 p.m. in the Council Chambers, 990 Palm Street, San Luis Obispo, by Mayor Stewart.

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

4. PRESENTATIONS

4.a INTRODUCTIONS - UTILITIES SOLID WASTE & RECYCLING

MANAGER AND UTILITIES BUSINESS MANAGER
Utilities Director Aaron Floyd introduced Meg Buckingham, Solid Waste & Recycling Manager, and Shane Whittington, Business Manager for the Utilities Department.

4.b INTRODUCTIONS - PARKS MAINTENANCE SUPERVISOR, PARKING

SERVICES SUPERVISOR, CAPITAL IMPROVEMENT

ADMINISTRATIVE MANAGER
Public Works Director Matt Horn introduced Billy Harvey, Parks Maintenance Supervisor; Jose (Luis) Leon, Parking Services Supervisor; and Greg Cleary, Capital Improvement Program Administrative Manager.

4.c SAN LUIS OBISPO COUNCIL OF GOVERNMENTS REGIONAL

TRANSPORTATION PLAN PRESENTATION
Steven Hanamiakia, SLOCOG provided a presentation on the San Luis Obispo Council of Governments (SLOCOG) Regional Transportation Plan.

4.d 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:

Alan Forrest
--End of Public Comment--

3 6. CONSENT AGENDA
Mayor Stewart requested that Item 6d be pulled from the Consent agenda.

Motion By Council Member Shoresman
Second By Council Member Pease
To approve Consent Calendar Items 6a to 6e.

Ayes (4): Council Member Francis, Council Member Pease, Council Member Shoresman, and Mayor Stewart
Absent (1): Vice Mayor Marx
CARRIED (4 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 - FEBRUARY 15, 2023 AND FEBRUARY 21, 2023

COUNCIL MINUTES
Approve the following minutes of the City Council:
 February 15, 2023 - Special Closed Session Meeting
 February 21, 2023 - Regular Meeting

6.c AUTHORIZE THE REPLACEMENT OF ACTIFLO MIXER GEARBOXES

AS PART OF WATER TREATMENT PLANT MAJOR FACILITY

MAINTENANCE

1. Approve the purchase and installation of replacement parts for the City’s Water Treatment Plant (WTP) Actiflo Mixer Gearboxes and authorize the City Manager to execute a Sole Source Purchase Agreement with MISCOwater in the amount of $500,322; and

2. Authorize the use of Water Fund Undesignated Capital for the purchase and installation of replacement parts for the City Water Treatment Plant Actiflo Mixers in the amount of $255,322, Specification No. 1000542-05; and

3. Find the project exempt from the California Environmental Quality Act (CEQA).

4 6.e APPROVE FY 2022-23 BUDGET AMENDMENT AND ONGOING
BUDGET ALLOCATIONS FOR THE 2023-25 FINANCIAL PLAN
Adopt Resolution No. 11398 (2023 Series) entitled, “A Resolution of the Council of the City of San Luis Obispo, California, approving an amendment to the adopted 2022-23 Budget Appropriations and the 2023- 25 Financial Plan.”

6.d AWARD NORTH CHORRO NEIGHBORHOOD GREENWAY PROJECT,
SPECIFICATION NO. 1000036
Public Comments:

Keith Gurnee
Meri Kay Gurnee
John Madonna
Paul Allen
Gary Havas
Lea Brooks
Rick Ellison
Milo Skapinsky
Brett Cross
Greg Macedo
Kim Bisheff
Barry Rands
Garrett Otto
Fred Starbuck
Anne Hodges
Kimmie Nguyen
Scott Hildebrand
Sandra Rowley
Hans Hershberger
---End of Public Comment---
Council Member Pease read Vice Mayor Marx comments into the record.

A copy her comments are also saved for the public record in the Agenda Correspondence folder for this meeting.

Motion By Council Member Pease
Second By Council Member Shoresman

5 1. Award a construction contract for the North Chorro Neighborhood Greenway Project to Souza Engineering Contracting Inc. DBA Souza Construction in the amount of $6,076,939; and

2. Authorize the City Engineer to approve construction contract change orders up to and in excess of $200,000, if within the available project budget; and

3. Adopt Resolution No. 11399 (2023 Series) entitled, "A Resolution of the City Council of the City of San Luis Obispo, California, authorizing use of Undesignated Local Revenue Measure Funds and Capital Projects Reserve Funds to support the North Chorro Neighborhood Greenway Project, Specification No. 1000036" to appropriate $1,600,000 in undesignated Local Revenue Measure fund balance to the project; and

4. Appropriate $218,708 in Capital Projects Reserve funding to the project; and

5. Authorize a transfer of existing funding in the following amounts to the project account:
a. Transfer $100,000 from Sidewalk Annual Asset Maintenance Account (Spec. No. 90849)
b. Transfer $141,101 from the Streetlights Annual Asset Maintenance (Spec. No. 91616)
c. Transfer $100,000 from Pedestrian Crossing Improvements (Spec.

No. 1000069)
d. Transfer $76,869 from Active Transportation Plan-Pedestrian Facility Improvements (Spec. No. 1000502-01)
e. Transfer $105,507 from Active Transportation Plan-Bicycle Facility Improvements (Spec. No. 1000502-02)
f. Transfer $94,600 from Railroad Safety Trail (Taft to Pepper) (Spec.

No. 91375)
g. Transfer $178,340 from California/Foothill Railroad Crossing (Spec.

No. 91293)
h. Transfer $90,837 from 862 Aerovista Development VMT Fair Share Mitigation Fee (Account No. 701-0000-47202)
i. Transfer $4,520 from Sewer Manhole Cover Adjustments (Spec.

No. 1000084)
j. Transfer $21,008 from Water Valve Cover Adjustments (Spec. No. 91149)
k. Transfer $164,715 from the Morro, Mill, Santa Rosa Sewer Project (Specification No. 1000561)

6 6. Approve the final project plans and specifications for the North Chorro Neighborhood Greenway Project.

Ayes (4): Council Member Francis, Council Member Pease, Council Member Shoresman, and Mayor Stewart
Absent (1): Vice Mayor Marx
CARRIED (4 to 0)

7. PUBLIC HEARING AND BUSINESS ITEMS

7.a INTRODUCE AN ORDINANCE AMENDING SEVERAL SECTIONS OF

THE MUNICIPAL CODE TO AUTHORIZE DESIGNEES OF THE POLICE

CHIEF TO ISSUE CITATIONS FOR ALL INFRACTION AND

MISDEMEANOR VIOLATIONS OF THE MUNICIPAL CODE
(Estimated Time: 30 minutes)
Chief of Police Rick Scott and Administrative Captain Brian Amoroso provided an in-depth staff report and responded to Council questions.

Public Comments:

Angie Kasprzak
---End of Public Comment---
Motion By Mayor Stewart
Second By Council Member Francis
Introduce Ordinance No. 1724 (2023 Series) entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California, amending Title 1 “General Provisions”, Chapter 16 “Citation Procedure”, Section 1.16.060 “Code Enforcement Officer Designation Authority”; amending Title 10 “Vehicles and Traffic”, Chapter 10.08 “Administration”, Section 10.08.070 and Chapter 10.68 “Inoperative Vehicles”, Section 10.68.020; and amending Title 9 “Public Pease, Morals and Welfare” to add Chapter 9.60 “Enforcement” in order to authorize designees of the Police Chief, including Community Service Officers, to issue citations for all Infraction and Misdemeanor Violations of the Municipal Code and making a determination of exemption under the California Environmental Quality Act.” with the following change to SECTION 3 of the Ordinance, shown below in italics:

7 9.60 Enforcement
In addition to any other provisions of this code charging persons with enforcement of specific provisions of this code, all adopted ordinances under this code, the violation of which are an infraction or a misdemeanor shall be administered and enforced by the police chief or such other persons as they shall designate as enforcing officers, meeting the established qualifications for such personnel including but not limited to police-community service officers.

Ayes (4): Council Member Francis, Council Member Pease, Council Member Shoresman, and Mayor Stewart
Absent (1): Vice Mayor Marx
CARRIED (4 to 0)

7.b INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 9.10 AND CHAPTER 17.86 OF THE MUNICIPAL CODE MODIFYING SPECIFIC

RULES FOR CANNABIS RETAIL STOREFRONT OPERATIONS
(Estimated Time: 60 minutes)
Community Development Director Michael Codron and Cannabis Business Coordinator Alex Fuchs provided an in-depth staff report and responded to Council questions.

Public Comments:

Hilary Campbell
Sarah Wells
Megan Souza
Austen Connella
---End of Public Comment---
Motion By Council Member Francis
Second By Council Member Shoresman

1. Receive an update on the City’s Cannabis Business Program; and

2. Introduce Ordinance No. 1725 (2023 Series) entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California, amending Chapter 17.86 (Regulations for Specific Land Uses and Activities) and Chapter 9.10 (Cannabis Regulations) of the Municipal Code modifying specific rules for commercial cannabis business retail storefront operations.”

8 Ayes (4): Council Member Francis, Council Member Pease, Council Member Shoresman, and Mayor Stewart
Absent (1): Vice Mayor Marx
CARRIED (4 to 0)

8. LIAISON REPORTS AND COMMUNICATIONS
Council Member Pease indicated that SLOCOG has a regional housing infrastructure plan that they are developing. She has been asked to serve on the Steering Committee.

Council Member Shoresman indicated that she and Council Member Francis attended their first Nacimiento Committee meeting in the past week.

Council Member Francis received her onboarding for the Air Pollution Control District. She also asked the Council if they were interested in requesting staff to add a discussion regarding a moratorium on new parking districts until the program could be re-evaluated. By consensus, the Council directed staff to look at the agenda forecast and discuss with the Mayor a possible date to add this to the agenda.

Mayor Stewart thanks the Council and City Clerk staff for all the work that went into completing all the interviews for the Advisory Board annual recruitment. She attended Art After Dark and encouraged the Council to attend the next one. She also advised the Council that from March 16 - March 19, the ‘Wall that Heals’ exhibit will be open at Madonna Inn and encouraged everyone to go see it.

9. ADJOURNMENT
The meeting was adjourned at 9:08 p.m. The next Regular City Council Meeting is scheduled for March 21, 2023 at 5:30 p.m. in the Council Chambers at City Hall, 990 Palm Street, San Luis Obispo.

APPROVED BY COUNCIL: XX/XX/2023

City of San Luis Obispo, Council Memorandum
City of San Luis Obispo
Council Agenda Correspondence
DATE: March 17, 2023
TO: Mayor and Council
FROM: Kevin Christian, Deputy City Clerk
VIA: Derek Johnson, City Manager
SUBJECT: ITEM 6C – 2023 ANNUAL APPOINTMENTS TO CITY ADVISORY BODIES As noted in the “Council Liaison Subcommittee Recommendations” of the staff report, interviews for the Personnel Board had not been completed at the time of Agenda publication. Those interviews have now been completed and the City Council subcommittee recommendations are presented below.

Note, with these recommendations, the total number of positions being filled now comes to 31.

Personnel Board
Appoint Patricia Ponce and Sharon Seitz, each to a four-year term commencing April 1, 2023, and expiring March 31, 2027.

Item 6c
Department: City Clerk
Cost Center: 1021
For Agenda of: 3/21/2023
Placement: Consent
Estimated Time: N/A
FROM: Greg Hermann, Deputy City Manager
Prepared By: Kevin Christian, Deputy City Clerk
SUBJECT: 2023 ANNUAL APPOINTMENTS TO CITY ADVISORY BODIES

RECOMMENDATION
As recommended by the Council Liaison Subcommittees, make appointments to the City of San Luis Obispo's (City) advisory bodies as set forth below and continue to recruit for any unfilled vacant positions.

POLICY CONTEXT
The Advisory Body Handbook, last adopted by City Council in September 2021 and amended November 2022, outlines the recruitment procedures, membership requirements, and term limits for City advisory bodies. Also contained in the Advisory Body Handbook are the bylaws for all advisory bodies, some of which include additional membership requirements. Additionally, the City Council Policies and Procedures Manual, last adopted in June 2022, describes the “Appointment Procedure” and “Process” for Advisory Body appointments. Recruitment and appointment recommendations were performed in conformance with all recruitment procedures, processes, and bylaws found in these resources.

California Government Code Section 54972, Local Appointments List (Maddy Act) requires that on or before December 31st of each year, each legislative body shall prepare an appointments list for their boards, commissions, and committees whose members serve at the pleasure of the legislative body. This obligation was met and is on-going.

DISCUSSION
The City has a long history of involving its residents in the business of City government.

Holding a position on an advisory body provides an opportunity for interested residents to participate in the governing of their community under guidelines and procedures established by Council. The City recruits annually to fill scheduled vacancies, making new appointments each March to fill terms that typically commence on April 1st of each year.

Recruitment for unscheduled vacancies is done as needed but is consolidated with the annual recruitment whenever possible.

Item 6c
This year the City recruited to fill 34 scheduled and unscheduled citizen Advisory Body positions for the annual recruitment effort. The recruitment was conducted between November 21, 2022, and January 15, 2023. A total of 53 qualified applications were received. Note that ongoing recruitment for unscheduled vacancies on the Administrative Review Board and Construction Board of Appeals were consolidated with the annual recruitment. Council Liaison Subcommittees reviewed applications and conducted interviews during February and March of 2023. The following recommendations will fill 29 positions on the Advisory Bodies. Final steps in the process for some vacancies, or recruitment for the remaining vacancies, continues as noted.

No vacancies or term conclusions currently exist for the Area Agency on Aging, the Citizen Transportation Committee, or the Investment Oversight Committee. Therefore, no recruitment was held for these Advisory Bodies during this annual recruitment.

Council Liaison Subcommittee Recommendations
Active Transportation Committee
Appoint Jill Caggiano and Garrett Otto, each to a four-year term commencing April 1, 2023, and expiring March 31, 2027.

Administrative Review Board
Appoint Linda Mielke to a three-year term commencing April 1, 2023, and expiring March 31, 2026; and Myles Couch to an unscheduled vacancy with a term expiration of March 31, 2024.

Architectural Review Commission
Appoint Kelley Abbas and John Carrion, each to a four-year term commencing April 1, 2023, and expiring March 31, 2027.

Citizens’ Revenue Enhancement Oversight Commission
Appoint Tony Skapinsky and Zachary Moody, each to a three-year term commencing July 1, 2023, and expiring June 30, 2026, and appoint Renne Gardner to the remainder of an unscheduled vacancy with a term ending June 30, 2023, and to the following three-year term ending June 30, 2026.

Construction Board of Appeals
Appoint Niel Dilworth to a four-year term commencing April 1, 2023, and expiring March 31, 2027; and continue recruitment for the vacant “Disability Community” representative term which has been vacant since April 2022.

Cultural Heritage Committee
Appoint Leslie Terry and Eva Ulz, each to a four-year term commencing April 1, 2023, and expiring March 31, 2027; and continue to recruit for one unfilled vacancy with a term expiration of March 31, 2027.

Item 6c
Housing Authority Board
Appoint Krista Jeffries, Anita Shower, and Elizabeth Steinberg, each to a four-year term commencing April 1, 2023, and expiring March 31, 2027; and Tim Odenthal and Patricia Souza, each to a “tenant” two-year term commencing April 1, 2023, and expiring March 31, 2025.

Human Relations Commission
Appoint Stephanie Carlotti, Vincent DeTurris, and Sierra Smith, each to a four-year term commencing April 1, 2023, and expiring March 31, 2027.

Mass Transportation Committee
Appoint David Figueroa to a four-year term commencing April 1, 2023, and expiring March 31, 2027; and continue recruitment for the vacant “Disability Community” representative 4-year term.

Personnel Board
Interviews for this Board are pending for the two open positions. Staff will provide further communication concerning interview results if available prior to the Council meeting.

Planning Commission
Appoint Steve Kahn to a four-year term commencing April 1, 2023, and expiring March 31, 2027; and Eric Tolle and Lindsey Ringer, both to unscheduled vacancies with a term expiration date of March 31, 2024.

Promotional Coordinating Committee
Appoint John Thomas and Anni Wang, each to a four-year term commencing April 1, 2023, and expiring March 31, 2027.

Parks and Recreation Commission
Appoint Toni Kincaid to a four-year term commencing April 1, 2023, and expiring March 31, 2027.

Tree Committee
Appoint Ben Parker to a four-year term commencing April 1, 2023, and expiring March 31, 2027.

Tourism Business Improvement District Board
Appoint Winston Newland to a four-year term commencing April 1, 2023, and expiring March 31, 2027.

Applications of those who were unsuccessful in this process will be kept on file for the next full year and will be notified of any subsequent vacancies. However, advertisement of any unscheduled vacancy will be made in accordance with statutory requirements and all applicants will be considered for the vacancy.

Item 6c
Public Engagement
Notices that the City was accepting applications for the above listed Advisory Bodies were placed in The New Times, on the City’s website and “e-notification” service, listed in the annual Local Appointments List (Maddy Act Notice – GC 54972) on the City Website and City Information kiosk, and distributed via City social media outlets.

CONCURRENCE
As presented in the recommendations, the various City Council sub-committees for the Advisory Bodies are in concurrence with the stated recommendations along with the City Clerk’s office that coordinated and organized the process.

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: N/A
Fiscal Analysis:

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

Total N/A N/A N/A N/A
There is no fiscal impact for the appointment of the above Advisory Body members.

Administration of the process is considered in the City Clerk’s annual budget and compensation for Architectural Review Commission (ARC) and Planning Commission (PC) is included in the adopted budget for the Community Development Department.

ALTERNATIVES
Council could recommend changes to the recommended appointments or direct staff to re-open recruitment for additional candidates. This action is not recommended as the recruitment effort has been quite extensive and the various Council sub-committee members are in concurrence with the stated recommendation.

Item 6c

ATTACHMENTS
All applications are available for public review by request in the Office of the City Clerk, which can be reached at (805) 781-7114 or [email protected] during normal business hours.

Item 6d
Department: Community Development
Cost Center: 4003
For Agenda of: 3/21/2023
Placement: Consent
Estimated Time: N/A
FROM: Michael Codron, Community Development Director
Prepared By: John Rickenbach, Contract Planner and Callie Taylor, Associate Planner SUBJECT: ANNUAL MONITORING FOR THE AVILA RANCH DEVELOPMENT

AGREEMENT, MITIGATION MEASURES, AND PROJECT CONDITIONS

RECOMMENDATION
Receive and file the Annual Monitoring Report for the Avila Ranch Development Agreement, mitigation measures, and required project conditions.

POLICY CONTEXT
The approved Avila Ranch project was found to be consistent with the General Plan at the time of its approval. This report focuses on determining whether the multi-phase project is in compliance with key provisions related to its approval, notably a Development Agreement, required mitigation measures, and project conditions. Compliance with these provisions is discussed in the body of this report. A Community Facilities District for Avila Ranch has been established to provide ongoing funding for City services and infrastructure maintenance. The CFD annual report is prepared at the end of each fiscal year to coincide with the Citywide annual budget, and is therefore not included in this report.

REPORT-IN-BRIEF
On September 19, 2017, the City Council approved a vesting tentative map for Tract 3089 (Avila Ranch), a Development Agreement (DA) between the City and Avila Ranch, LLC, and certified the Final Environmental Impact Report (EIR) for the project. On October 24, 2017, the City Council approved the Avila Ranch Community Facilities District (CFD) Resolution of Formation. The DA, the EIR Mitigation Monitoring and Reporting Program (MMRP), and t h e CFD require annual monitoring and reporting of activities, pursuant to articles 10 and 11 of the DA. The CFD annual report is typically prepared at the end of each fiscal year to coincide with Citywide annual budget, and is therefore not included in this report. The CFD annual report was last completed and presented to Council July 13, 2022.

Item 6d
This report addresses activities that have taken place during 2022, and whether those are in substantial compliance with the DA, applicable project conditions, and EIR mitigation measures. Substantial public improvements were made during this past year, both onsite and offsite, which prior to their installation were reviewed and approved by the City’s Public Works, Engineering, and/or Utilities departments as appropriate.

Substantial private development also occurred within Phase 1 of the project, the design of which was reviewed and approved by the Planning Commission in September 2021.

This first phase of Tract 3089 created 179 single-family residential lots, three lots for 125 multi-family units, a lot for an interim fire station, and various lots for parks and public facilities.

The approved DA is a contract authorized by California Planning and Zoning Law and the City’s Municipal Code that provides certain benefits to the developer, typically in the way of certainty and assurances to the developer regarding what rules will be applied for the project, in exchange for extraordinary public benefits. The DA includes a variety of provisions related to the timing of development, construction of public infrastructure, payment of fees, and in certain instances reimbursement beyond the project’s fair share for public improvements that have citywide benefits. One provision of the DA is to annually monitor whether the project is in compliance with all relevant aspects of the DA itself, as well as the EIR mitigation measures.

To the extent that it can be determined, the project is in compliance with the applicable provisions of the DA, as well as relevant EIR mitigation measures. Since many of these also relate to project conditions, this report also evaluates compliance with these conditions, and finds that it is in compliance. For certain aspects of the DA, mitigation measures, and project conditions, it is not yet possible to determine compliance, because of the fluid nature of the phased project, and that such activities are subject to ongoing monitoring as development occurs. However, the intent of the developer is to comply with these provisions, and the development team has been working closely with the City to ensure that its actions are consistent with key requirements.

DISCUSSION
The Avila Ranch project site is located at 175 Venture Drive. Figure 1 shows the project area with phasing. Although in general, public and private improvements completed in 2022 were within Phase 1 of the project area, some public improvements associated with later project phases, including Earthwood Lane, were constructed concurrently with Phase 1.

Background
On September 19, 2017, the City Council approved the Development Plan, Vesting Tentative Tract (VTTM) 3089, and Development Agreement (DA) between the City and Avila Ranch, LLC. Both the DA and Mitigation Monitoring and Reporting Program (MMRP) require annual monitoring and reporting of activities per Articles 10 & 11 of the DA.

Item 6d
The following discusses what aspects of the project were in progress or completed in 2022, and thus the focus of this report. It also provides additional context, with a brief encapsulation of the activities that occurred before 2022, and highlights activities that are anticipated in 2023 and beyond.

Figure 1. Avila Ranch Project Area Phasing Map
Project Activities Prior to 2022
Prior to 2022, no public improvements or development activity was completed, although several entitlements related to the approved Development Plan were approved. These included the following:

A. Phase 1 Final Map (R-2 zone). A final map was approved on December 4, 2018 for Phase 1 of development, covering a 26-acre area, and would accommodate up to 179 dwelling units in the R-2 zone.

B. Lot Line Adjustment. A lot line adjustment was proposed in April 2020 to facilitate future development in the Avila Ranch area, to be coterminous with future project phases as depicted in the approved Development Plan. The Lot Line Adjustment was subsequently approved by the City Council.

C. Phase 1-3 Review (R-2 zone). An application for Architectural Review Commission (ARC) review of Phases 1 through 3 of development was submitted in December 2020. This area would include up to 297 dwelling units in the R-2 zone. Based on the recommendation of the ARC, the Planning Commission (PC) approved the architecture for all the R-2 product in the first three phases on September 22, 2021, by Resolution PC-1046-2021.

Item 6d
D. Public Improvements. Public Improvement Plans (PIPs) were submitted in 2018, and were approved on September 10, 2019 for some onsite improvements associated with VTTM 3089. This included mass grading and installation of some supporting infrastructure associated with future development in the area, as well as some required offsite improvements, which include the following:
 Higuera/South Street NB Right Turn Pocket Extension
 Higuera/Suburban Road Striping Modifications
E. Phases 2-6 Mass Grading Plans. An application for mass grading plans for Phases 2-6 was submitted in November 2021.

Development Activities in 2022
The following development-related activities took place in 2022, since the time of the previous annual report related to the DA, MMRP, and Project Conditions. These include development in Phase 1, onsite public improvements, offsite public improvements, and various private infrastructure improvements within the subdivision, all of which are described below.

Phase 1 (Tract 3089) Development
The approved Phase 1 map (tract 3089) created a total of 192 lots consisting of:
 179 single-family residential units (Lots 1 to 28, Lots 31 to 86, Lots 88 to 182).

These are all the single-family residential units that were included in the Phase 1 tentative map.
 Three out-of-phase lots for multi-family (Lots 185, 186, and 188), These lots were originally planned to be created and developed in Phase 3.  Four public park lots (Lots 30, 87, 183, 189)
 Two lots for public open space (Lot A and Lot 184)
 Two lots for public facilities (Lot 29 for sewer lift station & Lot 187 for interim fire station)  Two lots for future phases of the subdivision (Lots 190 and 191) Figure 1 shows Phase 1 in the context of the Avila Ranch Development Plan. The following Phase 1 development is nearing completion:
 19 single-family residential (SFR) units completed and occupied  39 SFR units currently under construction
 71 SFR building permit applications submitted and under review (not yet issued)  Four public parks (Parks A, B, C and Stevenson Park)
 Roadways and other infrastructure needed to support the above development, including utilities, lighting, and landscaping.

Tract 3089 Private Infrastructure
Tract 3089 (Phase 1) includes certain improvements to be privately maintained, including the private common driveways and the underlying utilities and storm drain improvements.

These private driveways are connected to the public street system and serve anywhere from four to eight single family dwellings.

Item 6d
Park Development
All park development described above proceeded consistent with what was anticipated within the ARDP, with the exception of Park A. Park A as originally approved in the Development Plan was intended to be 2.57 acres, with a central usable turf area that would also function as a seasonal drainage basin. But on the approved Tract Map, Park A increased in size from 2.57 to 3.07 acres. However, in late 2022 it became clear that the central turf area may not have the intended long-term utility as a play area because of unanticipated drainage issues. From an acreage perspective, the loss of this 0.31-acre drainage area of potential use does not affect the project’s overall compliance with park acreage requirements, which is more than offset by the 0.5-acre increase in size of Park A from what was approved compared to what is shown on the Tract Map. However, the loss of the multi-use turf field differs from the use concept that was approved in 2017.

That said, there are no specific requirements in the Avila Ranch Development Plan, Airport Area Specific Plan, or the Parks and Recreation Element that relate to the number and size of turf fields in mini parks.

Because no specific regulatory direction is provided, the Community Development Director in consultation with the Parks and Recreation Director has determined that the intent of the parks programming is still met with the reconfigured plan for Park A.

Public Improvements
Work has been completed for the majority of the required Phase 1 public in-tract and offsite improvements. In general, the improvements consist of street construction, curb, gutter, sidewalks, Class 1 multi-use paths, pedestrian paseos, streetlights, water main and sewer main extensions, fire hydrants, reclaimed water main, storm drain and stormwater quality improvements, parkways and landscaping. Earthwood Lane has been constructed providing a connection between Suburban Drive and Vachell Lane. Venture Drive has been extended to intersect Earthwood Lane at a new roundabout.

The public improvements include multiple offsite transportation improvements to mitigate for the increase in traffic generated by the development as required by the project conditions of approval, mitigation measures (MM), and the Development Agreement. The offsite improvements completed with Phase 1 include:

1. Extension of Earthwood Lane to Suburban Road [Condition #101]

2. Suburban Road Improvements, S. Higuera to Earthwood [Condition #102]

3. Sidewalk on portions of Vachell Lane [Condition #124]

4. Intersection improvements at South Street/Higuera Street [Conditions #112]

5. Intersection improvements at Tank Farm Road / S. Higuera Street [Condition #114/MM TRANS-7b]
Offsite Improvements in the County
The following offsite improvements located outside the City Limits were constructed under a County encroachment permit and will be maintained by the County:

1. Extension of Buckley Road from Vachell Lane to South Higuera Street and installation of a traffic signal at the newly created intersection [Condition #100]

Item 6d

2. Installation of Class II bicycle lanes along Vachell Lane between Buckley Road and South Higuera Street [Condition #105]
The Buckley Road extension, originally a Phase 2 requirement, was completed in 2022 and allowed the inclusion of three out-of-phase multi-family lots which were included in Phase 1. These lots were created in Phase 1 consistent with the Affordable Workforce Housing Plan (Exhibit G of the Development Agreement) to provide affordable housing units as early as possible.

New Applications in 2022 for Which Activities Have Not Yet Begun The following project-related applications were received by the City in 2022, and are currently under review. Actions related to these applications have not yet commenced.

A. Tract Map 3089 Phase 2-3 Public Improvements. Public improvement plans for Phases 2 and 3 (the remainder of the R-2 zone) were submitted in August 2022 and are currently under review.

B. Tract Map 3089 Phase 4-6 Public Improvements. Public improvement plans for Phases 4 through 6 were submitted in July 2022 and are currently under review.

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

The DA is a contract authorized by California Planning and Zoning Law and the City’s Municipal Code that provides certain benefits to the developer, typically in the way of certainty and assurances to the developer regarding what rules will be applied for the project, in exchange for extraordinary public benefits. For example, Tract 3089 provides more affordable housing units than required by the City’s standard inclusionary housing requirements and is dedicating more parkland than ordinarily required by the City. Tract 3089 is also required to construct an interim fire station prior to the construction of the 361st unit (Phase 1 only had 179 units) to serve the southern portion of the City (unless a permanent facility is constructed first) and to contribute funding to reimburse the City for the recent Los Osos Valley Road (LOVR) interchange project.

Tract 3089 constructed offsite improvements as part of Phase 1 to mitigate for the increase in traffic generated by the development. The developer will also be paying fair share fees for projects that are not triggered solely by this development but will ultimately be needed upon build-out of the City. As described in the DA and the conditions of approval, some of the improvements being constructed with Tract 3089 are eligible for reimbursement either through impact fee credits or through payments from other developers.

Item 6d
Reimbursement agreements have been established for a Public Reimbursement/Credit Agreement, Private Reimbursement Agreement, and Wastewater Reimbursement Agreement. No reimbursement payments were made in 2022, and the City expects the first reimbursement payments to occur in 2023.

Tract 3089 is meeting the City’s agricultural land preservation requirements through a combination of onsite easements and payment of in-lieu fees. In compliance with the DA and the entitlement documents, Phase 1 has satisfied its agricultural mitigation obligations by providing in-lieu fees which have been paid in-full. Onsite agricultural conservation easements will be provided along Buckley Road with subsequent map phases.

Although the DA also addresses financing issues in great detail, compliance with these provisions will be addressed at the end of Fiscal Year 2022-2023 (end of June 2023) in a separate agenda item related to activities under the Community Facilities District (CFD) that was created pursuant to the DA.

Attachment A summarizes the project’s current compliance status with respect to relevant provisions of the DA. As of February 2023, the developer is in compliance with all applicable requirements of the DA with respect to project milestones. As is the case with the MMRP, compliance with many provisions that are keyed to later project activities or phases cannot be determined at this time.

Protest Over Fees
The Avila Ranch Development Agreement includes provisions regarding payment of Citywide and project-specific development impact fees. Impact fees were negotiated and agreed upon with the original project developer, Avila Ranch, LLC, in 2017, and were included in both the original DA and an amendment to the DA which was executed April 16, 2019.

Per the DA, the developer is required to pay for the project’s fair share of the cost to mitigate project impacts as identified in the EIR, Specific Plan, conditions of approval, or otherwise specified in the DA in effect when each final map is recorded in accordance with AB1600 analysis. The City may adjust the development impact fees not more than once a year with changes no greater than the inflation index identified upon imposition of the fee. Sewer and water impact fees shall be paid as identified in the original 2017 DA.

The Los Osos Valley Road interchange impact fees shall be paid as agreed upon by the City and the developer in 2018 and memorialized in the 2019 DA amendment.

The Development Agreement was negotiated as a method to extend the life of the tentative maps to provide a 20-year project build out, provided that there is a “true up” of fees at the time each phase of the final map is recorded. This provides the developer with the time they need to build out the project, and provides the City with the fees needed to provide services and infrastructure at the time of build out. The Development Agreement is a contract and can alter and take precedent over any vested fees or expirations that are normally tied to a vested tentative map.

Item 6d
The current Avila Ranch developer, Wathen Castanos, has raised issue with the payment of impact fees as identified in the DA. On February 16, 2023, the City received a letter from Wathen Castanos stating that the development impact fees which are being charged with each building permit are being “paid under protest with notice to cure.” The City is currently having ongoing discussions with the developer regarding the fees and payments.

Mitigation Monitoring and Reporting Program
As part of the environmental review of a development project, the California Environmental Quality Act (CEQA) requires public lead agencies to impose feasible mitigation measures in order to substantially lessen or avoid the significant adverse effects of the project on the physical environment. All mitigation must be feasible and fully enforceable. Mitigation measures were included in the Final Environmental Impact Report (EIR) for Avila Ranch, certified by the City Council on September 19, 2017. The Mitigation Monitoring and Reporting Program (MMRP) describes the procedures for the implementation of the mitigation measures identified in the Final EIR. The MMRP specifies the entity responsible for monitoring the program and when in the process it should be accomplished.

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

Project Conditions
Conditions of approval are imposed by the municipality as part of a land development application to be adhered to and exercised as part of a right granted to the property.

Conditions of approval were adopted as part of the Avila Ranch subdivision map (vesting tentative map for Tract 3089) approved by the City Council on September 19, 2017.

Attachment C shows the current status of compliance with all relevant project conditions.

In summary, the project is in compliance with all applicable project conditions required to date. Some conditions of approval have been fulfilled, while some are ongoing, and others will be addressed in later phases of development.

Community Facilities District (CFD)
A Mello-Roos Community Facilities District (CFD) was established and approved on October 24, 2017 ("Avila Ranch Community Facilities District No. 2017-1 "). The CFD for Avila Ranch is a special tax assessment in the district which was established to fund both services and infrastructure maintenance.

Item 6d
The City is authorized to levy the tax through the annual property tax roll. Section 10(ii) of the CFD resolution also has an annual reporting requirement, similar to the requirement for annual reporting of the MMRP and DA which is included in the Development Agreement. The City's Finance Department is responsible for preparing an annual report on the CFD at the end of each fiscal year to coincide with the Citywide annual budget, and is therefore not included in this report. The CFD annual report was last completed and presented to Council July 13, 2022.

Previous Council or Advisory Body Action
The following relevant City Council or Advisory Body actions have occurred relevant to the project activity currently underway:
 Vesting Tentative Tract Map (VTTM) Tract 3089 was approved by the City Council on September 19, 2017, by Resolution No. 10832 (2017 Series).  The Development Agreement was adopted by the City Council on October 3, 2017, by Ordinance No. 1639 (2017 Series).
 Avila Ranch Community Facilities District (CFD) No. 2017-1 was created by Ordinance No. 1642 (2017 Series), which levies a special tax within the CFD providing a funding source for maintenance and operation of facilities within the District.
 The final map for Tract 3089 Phase 1 was approved by City Council on December 4, 2018, by Resolution No. 10968 (2018 Series).
 The Planning Commission (PC) approved the architecture for all the R-2 project in the first three phases on September 22, 2021, by Resolution PC-1046-2021.  A Memorandum of Agreement was executed in September 2021 between the City Manager and the Avila Ranch development team to allow for the advancement of Phases 4 and 5 prior to Phases 2 and 3, provided that improvements required for Phases 2 and 3 are included as part of the development. To date, no development applications related to Phases 4 and 5 have been approved.  The City Council adopted a resolution for partial acceptance of public improvements and certification of completion of required private improvements for Tract 3089 Phase 1 on February 21, 2023.

Public Engagement
An extensive public review process was completed with the approval of the Tentative Map and Avila Ranch Development Plan. The annual monitoring of the Avila Ranch Development Agreement and associated project mitigation measures and conditions have a “notify” level of public engagement, which has been accomplished through this agenda item and associated staff report.

Item 6d

CONCURRENCE
The Community Development Director, Public Works Director, Utilities Director, and Parks and Recreation Director concur with the recommended action.

ENVIRONMENTAL REVIEW
Annual monitoring of the Avila Ranch DA and MMRP is categorically exempt from California Environmental Quality Act (CEQA) according to CEQA Guidelines Section 15306 (Information Collection), which exempts “basic data collection, research, experimental management, and resource evaluation activities which do not result in a serious or major disturbance to an environmental resource.” These actions also qualify for the “commonsense” exemption under Section 15061(b)(3), which covers activities “where it can be seen with certainty that there is no possibility that the activity in question may have asignificant effect on the environment.” Annual monitoring does not change any aspect ofthe approved Avila Ranch project, nor does it introduce the potential for any new environmental impacts. Therefore, the proposed action is categorically exempt from further analysis under CEQA.

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

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

Total $0 $0 $0 $0
Section 5.04.2.(i) of the Avila Ranch Development Agreement requires the developer to pay for consultant costs related to annual Mitigation Monitoring and Reporting Program evaluation and Development Agreement review. The consultant’s scope of work to prepare this year’s annual evaluation and reporting for the Avila Ranch MMRP and DA review totaled $9,360. The consultant is contracted by the City and paid for by the Avila Ranch developer. There are no direct fiscal impacts to the City related to the MMRP and DA annual review and reporting.

Item 6d
Supplemental taxes are assessed and collected on the project through the Community Facilities District to pay for City services and infrastructure maintenance. The CFD annual compliance report will be a future agenda item prepared at the end of each fiscal year to coincide with the Citywide annual budget, and is therefore not included in this report. The CFD annual report was last completed and presented to Council July 13, 2022.

ALTERNATIVES

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

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

ATTACHMENTS
A – Compliance with Provisions of the Development Agreement B – Summary of Compliance with the MMRP
C – Summary of Compliance with Project Conditions
D – Avila Ranch Mitigation Monitoring and Reporting Plan (Feb 2023)

Avila Ranch
Compliance with Development Agreement
February 2023 Subject to Reimbursement
Fair Share Payments
Development Agreement
Item DA ID Summary Description Responsibility Timing and Compliance Status 1 1.03.a.1 Agreement terminates on 20th anniversary of effective date (11/2/37) All Parties ongoing; annually 2 1.03.a.2 Agreement terminates on 7th anniv of effective date (11/2/24) if Ph 1-2 backbone infrastructure not in place All Parties ongoing; annually 3 1.03.a.3 Agreement terminates once development and conditions are satisfied All Parties ongoing; annually 4 1.04.1 & 1.04.2 Agreement must be executed 5 days after Ordinance adoption; to County Recorder within 10 days All Parties ongoing; COMPLETED 5 5.03 Form Community Facilities District (CFD) or other financing mechanisms City ongoing; COMPLETED 6 5.04.2.f Payment of all then-current processing fees for any subsequent planning applications and permits Developer ongoing; as new applications are made 7 5.04.2.g Reimbursement/ Credits for developer improvements beyond fair share cost City ongoing; according to reimbursement agreements 8 5.04.2.i Payment of staff & consultant time associated with: DA Review, MMFP, CFD, election costs, and admin costs Developer ongoing; monthly 9 5.04.2.j Payment of California Department of Fish & Wildlife fees + County/Clerk Recorder Fees Developer prior to finaling NOD on any CEQA document 10 5.05.4.c City to annually monitor whether there is a General Fund shortfall from fees collected City ongoing; annually 11 6.02.2 City may require oversizing of backbone infrastucture, under certain conditions City as needed 12 6.04.1 Applicant to make all reasonable efforts to purchase off-site improvement properties Developer as needed 13 7.02.1.b Developer to complete first two phases and infrastructure within 7 years of effective date Developer ongoing 14 7.02.1.c Developer to conform with phasing shown in Table Developer ongoing 15 7.03 Developer to dedicate 18.25 acres of parkland to satisfaction of PRC Developer coordinate with PRC 16 7.04 Developer to dedicate at least 50 acres of ag/open space onsite and preserve 50 acres offsite Developer applicant coordinating with City staff 17 7.05 Provide affordable and workforce housing per Exhibit G Developer applicant coordinating with City staff 18 7.07 Developer to provide accelerated compliance with energy standards Developer applicant coordinating with City staff 19 7.08.a Developer to provide accelerated compliance with Climate Action Plan Developer applicant coordinating with City staff 20 7.08.c Install water infrastructure for offsite annexations near Broad and Buckley per Exhibit H Developer applicant coordinating with City staff 21 7.08.d Developer to dedicate 20x40 land for future water well site to City on Lots 594, 406, or 398 Developer applicant coordinating with City staff 22 7.11 Construct all needed traffic improvements shown on Exhibit C; plus fair share portions of others Developer applicant coordinating with City staff 23 7.12 construct and/or fund bike improvements per Exhibit J Developer applicant coordinating with City staff 24 7.13.6 Developer to provide all cable for internet connections Developer as utilities are constructed 25 10.01 Annual evaluation of the MMRP and DA to ensure compliance City ongoing; annually 26 11.01 Annual evaluation of the MMRP to ensure compliance City ongoing; annually 27 11.02 Annual evaluation of the DA to ensure compliance City ongoing; annually 28 11.02.02 CDD to issue "Finding of Development Agreement Compliance" based on review City ongoing; annually 29 12.01 Any DA provision out of compliance must be cured within 60 days both parties ongoing 30 7.09 Build all necessary storm drain facilities Developer prior to subdivision map approval* 31 5.04.2.b; Amendment 1 Payment of all development impact fees: Citywide, Project Specific, LOVR Interchange Developer prior to each Final Map recordation 32 5.04.2.c Payment of development impact fees: Water & Sewer Developer prior to each Final Map recordation 33 7.13.1 Include airport hazard related language in CC&Rs Developer with CC&Rs for each subdivision 34 7.10 Build interim fire station on Lot 302 at buildout of 361st unit Develoepr prior to construction of 361st unit

Avila Ranch
Compliance with Mitigation Measures
February 2023
Mitigation Measures
Item MM ID Summary Description Timing Compliance Status 1 AG-2a Install fencing and signs along Buckley to minimize trespass prior to Final Map approval plans to indicate compliance; installation to be verified in the field Phase 6 2 AG-2b Landscape plans to include trees and shrubs to minimize dust prior to Final Map approval plans to indicate compliance; installation to be verified in the field Phase 6 3 AG-2c Add 20-foot hedgerow of trees along east side of Vachell prior to Final Map approval completed with Phase 1 improvements 4 BIO-2b Prepare Biological Mitigation Plan - habitat restoration prior to Final Map approval BMMP completed Jan 2019; field verify as needed 5 BIO-2c Prepare Biological Mitigation Plan - wetland and riparian mitigation prior to Final Map approval BMMP completed Jan 2019; field verify as needed 6 BIO-2d Preserve southern 275 feet of N-S creek to protect riparian woodland prior to Final Map approval BMMP completed Jan 2019; field verify as needed 7 BIO-2e Stockpile emergent vegetation (cattails) to plant later in realigned creek prior to Final Map approval BMMP completed Jan 2019; field verify as needed 8 BIO-2j Tank Farm Creek Class I bike bridge to be placed outside mapped riparian Bio Mitigation Plan prior to Final Map approval BMMP completed Jan 2019; field verify as needed 9 BIO-3b Implement special status species protection measures Bio Mitigation Plan prior to Final Map approval BMMP completed Jan 2019; field verify as needed 10 BIO-4 Conduct bat surveys in building proposed for demolition Bio Mitigation Plan prior to Final Map approval Plan Completed; field monitoring as needed 11 BIO-5a Shield all lights facing Tank Farm Creek Bio Mitigation Plan prior to Final Map approval BMMP completed Jan 2019; field verify as needed 12 BIO-5b Tank Farm Creek restoration to include native trees to minimize light spillover Bio Mitigation Plan prior to Final Map approval BMMP completed Jan 2019; field verify as needed 13 BIO-6 All work within 100 feet of Tank Farm Creek to occur April 15-October 15 Bio Mitigation Plan prior to Final Map approval BMMP completed Jan 2019; field verify as needed 14 HYD-2a Submit Master Drainage Plan Drainage Plan prior to Final Map approval Following Sept 2018 Phase 1 Drainage Report; field verify as needed 15 HYD-3a Submit Cumulative Master Drainage Plan Drainage Plan prior to Final Map approval Following Sept 2018 Phase 1 Drainage Report; field verify as needed 16 HYD-3b Design bridges, culverts and drainge per City specs Drainage Plan prior to Final Map approval City verifying as needed through review of improvement plans 17 HYD-4a Geotech study needed for HDD areas - part of Utilities Plan Utilities Plan prior to Final Map approval City verifying as needed through review of improvement plans 18 HYD-4b Frac-Out Contingency Plan needed for HDD areas - part of Utilities Plan Frac-Out Plan prior to Final Map approval Frac-Out Plan Prepared April 2022; followed as needed 19 UT-2 Utility infrastructure subject to city approval. Applicant to construct. Utilities Plan prior to Final Map approval City verifying as needed through review of improvement plans 20 AQ-1a Prepare Construction Activity Management Plan (CAMP) prior to recordation of Phase 1 Final Map Completed Feb 2019; field verify as needed 21 AQ-2a Implement APCD conservation requirements prior to recordation of Phase 1 Final Map Shown on plans; need to field verify 22 AQ-2b Implement APCD AQ Handbook strategies prior to recordation of Phase 1 Final Map Shown on plans; field verify as needed 23 BIO-1a Prepare Biological Mitigation Plan - implement BMPs prior to recordation of Phase 1 Final Map BMMP completed Jan 2019; need to field verify BMPs 24 PS-1 Prepare and implement Security Plan with SLOPD prior or after recordation of Phase 1 Final Map City to verify status of Security Plan submitted in June 2021 25 PS-2 Fair Share Contribution to Fire Protection Service as part of CFD prior to recordation of Phase 1 Final Map See DA; City to verify compliance with fire protection planning 26 TRANS-3b Install traffic calming measures required by Policy 8.1.3 see Map Condition 118 (Phase 1 map recordation) Satisfied through Phase 1. PIPs for subsequent phases will be reviewed for compliance. 27 TRANS-5 Pro Rata share for Buckley/227 roundabout see Map Condition 116 (Phase 1 map recordation) Complete - AR paid full share to County w/ Phase 1 Map 28 TRANS-8a Pay LOVR subarea fee see Map Condition 126, DA 5.04.2.b (Phase 1 map rec) Ongoing w/ each building permit 29 TRANS-8b Re-time signal at LOVR/Higuera see Map Condition 100 (Phase 1 map recordation) In partial compliance; applicant and city are cooperating to ensure full compliance 30 TRANS-14 Pay citywide TIF for Class I bike path from Buckley/Higuera to LOVR/SB101 see Map Condition 116.c (Phase 1 map recordation) Satisfied with Citywide TIF payment 31 TRANS-15b Pay fair share to improve Tank Farm/Higuera see Map Condition 116.f (Phase 1 map recordation) Satisfied with Citywide TIF payment 32 TRANS-15c Pay fair share to improve Tank Farm/Horizon see Map Condition 116.f (Phase 1 map recordation) Satisfied with Citywide TIF payment 33 TRANS-15d Pay fair share to improve Buckley/Vachell see Map Condition 116.g (Phase 1 map recordation) Weighted portion of fee paid with each phase. Phase 1 share paid prior to Final Map recordation 34 TRANS-2a Prepare Transportation Improvement Phasing Plan prior to recordation of Final Map Complete with Phase 1 35 TRANS-3a City to review roadways and driveways for compliance with City standards prior to recordation of Final Map Complete for Phase 1 36 AG-1 Agricultural Conservation Easement prior to approval of grading permits for Phase 1 and 2 To be verified by City 37 AQ-1c Develop offsite mitigation strategy 3 months before grading permits prior to approval of grading permits for Phase 1 at least 3 months prior to grading permits, coordinate with APCD per letter of 3/21/19 38 BIO-1b Hire biological monitor to oversee construction activities prior to approval of grading permits for Phase 1 Monitor approved; field monitoring as needed 39 BIO-2h Tank Farm Creek project activities to be performed when creek is dry prior to approval of grading permits for Phase 1 BMMP completed Jan 2019; field verify as needed 40 CR-3a Retain archaeologist and Native American monitor prior to Phase 1 grading prior to approval of grading permits for Phase 1 Monitor approved; field monitoring as needed 41 CR-3b Educational materials prior to grading and construction prior to approval of grading permits for Phase 1 Monitor working with construction team 42 GEO-3 Prepare geotech study prior to site development prior to approval of grading permits for Phase 1 Following Jan 2019 Geotech Plan 43 GEO-4 Geotech investigation to examine soil settlement prior to approval of grading permits for Phase 1 Following Jan 2019 Geotech Plan 44 GEO-5 Geotech investigation to examine soil expansion prior to approval of grading permits for Phase 1 Following Jan 2019 Geotech Plan 45 GEO-6 Geotech investigation to examine subsidence prior to approval of grading permits for Phase 1 Following Jan 2019 Geotech Plan 46 HAZ-1 Prepare Health and Safety Plan prior to approval of grading permits for Phase 1 Following July 2020 Health and Safety Plan 47 HYD-1a Submit NOI for discharge to SWRCB stormwater unit prior to approval of grading permits for Phase 1 WDID for Phase 1 completed; WDID for Phases 2-6 pending 48 HYD-1b Submit SWPPP 45 days prior to start of work prior to approval of grading permits for Phase 1 Completed Jan 2018 49 HYD-1c Install 8 drainage outlets in Tank Farm Creek during dry season (May-Oct) show on approved approved grading permits Field verification required per WDID

50 NO-1a Limit grading/construction timing to daylight hours and not on Sunday show on approved approved grading permits Field verify as needed 51 NO-1b Implement Noise attenuation techniques - BMPs show on approved approved grading permits Field verify as needed 52 TRANS-1 Prepare Construction Transportation Management Plan prior to grading permits for each phase Phase 1 CTMP completed; Ongoing with each phase after that 53 AQ-1b Use low or no emission paints prior to Phase 1 building permits Field verification required 54 GEO-1 Building and infrastructure design to meet CBC prior to Phase 1 building permits Field verification required 55 GEO-7 Limit GW pumping during drought in conjunction with subsidence findings prior to Phase 1 building permits Field verification required 56 NO-3a Include noise mitigation in residential design prior to Phase 1 and 5 building permits Verified through building plan approvals 57 TRANS-4 Prepare improvement plan for Horizon, Earthwood, and Suburban see Map Conditions 101, 103, 110 (Phase 1 BP and occ) Phase 1 portion of obligation complete; will complete remainder in Phase 4 58 TRANS-6 NB RT lane at South/Higuera intersection see Map Condition 112 (Phase 1 building permits) Complete 59 TRANS-7a Higuera/Prado improvements; Prado Road widening see Map Conditions 113, 116.d (Phase 1 building permits) Satisfied through Citywide TIF payment 60 TRANS-7b Tank Farm/Higuera second SB LT lane see Map Condition 114 (Phase 1 BP and occupancy) Complete 61 TRANS-10a Add ADA sidewalks on east side of Higuera from City limit to LOVR see Map Condition 111 (Phase 1 BP and occupancy) In design, construction required prior to Phase 2 62 TRANS-10b Add ADA sidewalks on east side of Higuera from Vachell to LOVR see Map Condition 111 (Phase 1 BP and occupancy) Complete 63 TRANS-10c Add ADA sidewalks on south side of Suburban from Higuera to Earthwood see Map Condition 111 (Phase 1 BP and occupancy) Complete 64 TRANS-13 Pay citywide TIF for second SB RT lane at LOVR/Higuera see Map Condition 116.b (Phase 1 building permits) Satisfied through Citywide TIF payment 65 TRANS-15a Pay fair share to improve Prado/Higuera see Map Condition 116.d (Phase 1 building permits) Satisfied through Citywide TIF payment 66 HYD-5 Prepare Development Maintenance Manual prior to occupancy of any phase P1 Drainage Report (Sept 2018); Prelim Stormwater O&M Plan PH2-6 (May 2022) 67 TRANS-12 Bus stop provisions see Map Condition 117 (by occupancy of 50th Ph 1 unit) Phase 1 bus turnout complete; Phase 6 turnout pending 68 TRANS-11 Construct 2 bike bridges on Buckley over Tank Farm Creek see Map Conditions 100 and 109 (with Buckley extension) No progress. Required prior to Phase 2 occupancy 69 CR-2a Data Recovery measures for CA-SLO-2798/H prior to approval of grading permits for Phase 5 Field verification required; coordinate with monitor 70 CR-2b Retain monitor following grading of CA-SLO-2798/H prior to approval of grading permits for Phase 5 City to approve monitor 71 GEO-2 Retail stores--goods stacked no higher than 8 feet prior to Phase 6 building permits Field verification required 72 BIO-2g Prepare post-construction landscape and restortion report for each phase Within 60 days of installing plants BMMP completed Jan 2019; field verify as needed 73 BIO-2i Hydroseed bare soils when grading is completed for each phase No later than November 15 of any construction year BMMP completed Jan 2019; field verify as needed 74 BIO-3a City-approved biologist to conduct onsite training to construction workers during construction within 50 feet of creek BMMP completed Jan 2019; field verify as needed 75 BIO-3c Survey for CRLF in Tank Farm Creek 48 hours prior to construction 48 hours prior to construction BMMP completed Jan 2019; field verify as needed 76 BIO-3d Survey for pond turtle in Tank Farm Creek 48 hours prior to construction 48 hours prior to construction BMMP completed Jan 2019; field verify as needed 77 NO-1c Contractor to inform resiednts within 300 feet of noise 10 days prior to earth movement or construction Field verify as needed 78 NO-3b Buckley Road rubberized asphalt prior to construction of Buckley Road PW to verify Buckley Road Widening Plan provisions through PIP approvals

Compliance with Map Conditions
February 2023 Subject to Reimbursement
Fair Share Payments
Map Conditions
Item Condition Summary Description Responsibility Timing Sequence Compliance Status 1 5 Applicant to hold city harmless Developer ongoing 0 2 1 Submit written report showing compliance with conditions Developer prior to Final Map approval 1 Developer to provide written documentation of compliance with this condition 3 3 Avigation easements must be recorded Developer prior to Final Map approval 1 to be verified prior to map recordation 4 6 All easements must be shown on Final Map Developer prior to Final Map approval 1 See DA for fee payment timing provisions 5 7 All offers of dedication must be shown on Final Map and PIPs Developer prior to Final Map approval and PIPs 1 The final map will show the revised right of way once the offers are accepted. 6 8 County-City line must be shown on Final Map and PIPs Developer prior to Final Map approval and PIPs 1 City County line is shown on the Final Map and will be verified with improvement plans record drawings 7 9 Include 10' wide tree easement and PUE across the front of each Res lot; 15-ft PUE in front of Comm Developer prior to Final Map approval and PIPs 1 Confirmed 8 10 Offsite easement dedications as needed Developer prior to Final Map approval and PIPs 1 ok 9 11 CFD must be fully opertional prior to first phase Map approval Developer prior to Final Map approval 1 CFD in place and operational. 10 15 Offsite ROW to be acquired by developer to the extent possible, otherwise condemnation Developer prior to Final Map approval 1 ok 11 17 Secondary access required where more than 30 dwellings proposed Developer prior to Final Map approval and PIPs 1 Confirmed 12 18 fire access to be provided to satisfaction of fire chief Developer prior to Final Map approval 1 Confirmed 13 19 All streets to conform to City Engineering Standards and the Specific Plan Developer prior to Final Map approval 1 confirmed. 14 20 All subdivision improvements to conform to City Engineering Standards and the Specific Plan Developer prior to Final Map approval and PIPs 1 confirmed. 15 21 Final street sections to be approved in conjunction with drainage report Developer prior to Final Map approval and PIPs 1 done. 16 22 Traffic circle and roundabout to confirm to City Engineering Standards Developer prior to Final Map approval and PIPs 1 done. 17 33 Street trees required - one 15-gallon per 35 lineal feet Developer to be shown on Final Map 1 to be verified prior to map recordation 18 97 Final Map to comply with City Engineering Standards Developer prior to Final Map approval 1 part of Final Map review. 19 99 Transportation Improvement Phasing Plan to be submitted with each phase Developer prior to Final Map approval 1 Confirmed for Phase 1 20 119 Dedicate access easements (between lots 7-10; 19-22; 87; 183; 230; 312 or 318; 341/342) Developer prior to Final Map approval 1 part of Final Map review. 21 123 Add roadway classification sheet to Final Map consistent with EIR recommendations Developer prior to Final Map approval 1 part of Final Map review. 22 24 Improvement Plans to include line of sight analysis Developer prior to approval of PIPs 2 Line of sight analysis included in Phase 1 PIP landscape plans. 23 25 Improvement Plans to address all conditions and mitigation Developer prior to approval of PIPs 2 Progress confirmed and will continue to monitor this issue. 24 29 Jurisdictional permits needed from key agencies Developer prior to approval of PIPs 2 Confirmed and will continue to monitor permitting requirements 25 34 PIPs to include analysis of tree removal Developer as part of public improvement plans 2 Trees to be preserved are identified on the PIP's (Sheet C-2). 26 37 PIPs must show all existing improvements and plans to keep or remove Developer as part of public improvement plans 2 included in PIP's 27 38 PIPs must show public and private easements Developer as part of public improvement plans 2 encroachmment permit required for pipes that cross public easements 28 39 street paving to be included in PIPs Developer as part of public improvement plans 2 included in PIP's 29 40 PIPs to include construction phasing and management plan Developer as part of public improvement plans 2 Confirmed CCMP provided w/ Phase 1 PIPs. Have not received/approved a CMP for Phase 2 yet. 30 41 Developer to get copy of County as-built for Venture Lane and Vachell Lane; show improvements in PIPs Developer as part of public improvement plans 2 Improvements included in PIP's 31 42 Street lighting and other improvements may be required for Venture and Vachell in PIPs Developer as part of public improvement plans 2 Confirmed there is an existing streetlight at intersection already and Phase 1 PIPs included other improvements 32 43 Retaining wall and/or fence along property lines subject to Planning approval or ARC, SP or exception Developer as part of public improvement plans 2 Included in PIP's 33 44 PIPs to show mail receptacles Developer as part of public improvement plans 2 Mailbox kiosk shown in PIP's 34 45 Use porous concrete or pavers for private parking areas as feasible Developer as part of public improvement plans 2 PIP's do not include any private parking areas. 35 46 PIPs to show access to common areas, trails, and linear parkways per ADA and CBC requirements Developer as part of public improvement plans 2 Confirmed 36 54 City utilities in Buckley/Vachell to be approved by City and County via encroachment permit Developer as part of public improvement plans 2 Buckley extension ends at intersection and is administered by County 37 55 PIPs to show gas main and easements Developer as part of public improvement plans 2 gas lines shown on PIP's in right of way. 38 56 PIPs to show water, sewer and storm drains Developer as part of public improvement plans 2 done. 39 58 Public utilities to be located in accordance with City and PUC Developer as part of public improvement plans 2 done. 40 59 PIPs to show water meters Developer as part of public improvement plans 2 done. 41 60 Final sewer report required prior to PIPs Developer as part of public improvement plans 2 per Utilities dept. 42 61 PIPs to show overhead wire utilities Developer as part of public improvement plans 2 done. 43 62 Street widening will required undergrounding utilities Developer as part of public improvement plans 2 widening of existing steets not included in project. 44 63 Underground existing overhead wiring Developer as part of public improvement plans 2 CDD to approve requested deferrals or waivers. Existing overhead wires on west side of Vachell to remain. 45 65 Irrigation to use recycled water; public park could use recycled water Developer as part of public improvement plans 2 done. 46 66 Landscape Plan to be consistent with City water conservation efforts Developer as part of public improvement plans 2 done. 47 68, 69 PIPs to verify how wetland features to be protected; non-native plants to be contained Developer as part of public improvement plans 2 Natural Resources Manager to verify 48 71 Final pads to include certified pad construction and elevations Developer as part of public improvement plans 2 verified as needed by City Engineer 49 72 Cut and fill slopes to be protected as recommended by soils engineer Developer as part of public improvement plans 2 verified as needed by City Engineer 50 73 Easement agreement needed for onsite creeks and channels; CFD HOA or other private maintenance Developer as part of public improvement plans 2 verified by City 51 74-76 Grading and drainage plans required Developer as part of public improvement plans 2 verified by City Engineer 52 77 PIPs to include complete grading, drainage and erosion control plans Developer as part of public improvement plans 2 verified by City Engineer 53 78 Final drainage report and PIPs to consider on- and offsite drainage (Tract 2943--Earthwood) Developer as part of public improvement plans 2 verified by City Engineer 54 79 Final drainage report and PIPs to consider run-on from 125 Venture Developer as part of public improvement plans 2 verified by City Engineer 55 80 Final drainage report and PIPs to consider run-on from NE corner of Vachell and Venture Developer as part of public improvement plans 2 verified by City Engineer 56 82 Indicate revised floodplain on PIPs and Final Map Developer as part of public improvement plans 2 verified by City Engineer 57 83 Indicate various drainage, well and other features on final map Developer as part of public improvement plans 2 verified by City Engineer 58 84 provide final HEC-RAS modeling for drainage Developer as part of public improvement plans 2 verified by City Engineer 59 85, 86 final drainage plans must address trash removal Developer as part of public improvement plans 2 verified by City Engineer 60 95 Obtain and approve SWPPP Developer as part of public improvement plans 2 City Engineering to verify with RWQCB 61 101 Earthwood to be restriped for Class II bike lanes Developer as part of public improvement plans 2 Confirmed 62 121 PIPs to include striped bike lanes on streets with Class II bikeways Developer as part of public improvement plans 2 Confirmed for Phase 1

63 4 Enter into and record affordable housing agreement with City Developer prior to recordation of Final Map 3 Done with phase 1 map 64 14 Notice of Requirements to be recorded at City's written request with recordation of Final Map Developer prior to recordation of Final Map 3 Done with phase 1 map 65 16 Prove property title for offsite improvements Developer prior to recordation of Final Map 3 done. 66 23 Developer to file Notice of Requirements with each map phase Developer prior to recordation of Final Map 3 Done with phase 1 map 67 35 PIPs for onsite and offsite to be approved prior to map recordation Developer prior to recordation of Final Map 3 done for phase 1. 68 100 Complete design of Improvement Plans for signal at LOVR/Higuera, sign at Higuera/Buckley for 101 accessDeveloper prior to recordation of Phase 1 Final Map 3 Satisfied, with exception of submitting signal retiming plans for South Higuera/LOVR intersection 69 101 Earthwood extension to be designed Developer prior to recordation of Phase 1 Final Map 3 Confirmed, completed with Phase 1 70 116a Pay fair share fees for roundabout at Buckley/227 Developer prior to recordation of Phase 1 Final Map 3 Confirmed - AR paid this FULL fee directly to County prior to Phase 1 Final Map recordation. 71 116b Pay fair share fees for second SB RT lane at Higuera/LOVR Developer prior to recordation of Phase 1 Final Map 3 Confirmed, weighted portion of this fee associated with Phase 1 paid prior to final map recordation./ 72 116c Pay fair share fees for Class I bike path from Buckley/Higuera to LOVR/SB 101 Developer prior to recordation of Phase 1 Final Map 3 Satisfied with payment of Citywide TIF fees 73 116d Pay fair share fees for widending Prado/Higuera intersection (dual LT, dual thru, RT) Developer prior to recordation of Phase 1 Final Map 3 Satisfied with payment of Citywide TIF fees 74 116e Pay fair share fees for Higuera/Tank Farm cumulative improvements Developer prior to recordation of Phase 1 Final Map 3 Satisfied with payment of Citywide TIF fees 75 116f Pay fair share fees for Tank Farm/Horizon improvements (NB RT or roundabout) Developer prior to recordation of Phase 1 Final Map 3 Satisfied with payment of Citywide TIF fees 76 117 Design and initiate improvements to allow two bus stops; Final Map to reflect Developer prior to recordation of Phase 1 Final Map 3 Confirmed for Phase 1 PIPs 77 118 Complete design for in-tract traffic calming, per MM TRANS-3b Developer prior to recordation of Phase 1 Final Map 3 goes with each map phase 78 26 Separate permits required from SLO County for construction staging; City to review Developer prior to grading permits 4 Encroachment permits issued and will continue to monitor 79 47 No potable water used during construction; recycled water to be used Developer prior to grading and construction 4 Utilities Dept to confirm, permit and monitor 80 53 Relocate utilties affected by road improvements outside tract boundary Developer prior to grading permits for road work 4 approved by Utilities Director 81 67 Obtain permits from RWQCB, ACOE and CDFW Developer prior to grading permits in jurisdiction 4 verified by Community Development or Public Works Dept 82 94 Verify LID compliance of grading and drainage plans Developer prior to grading plan approval 4 verfied by Project Soils Engineer 83 96 Verfiy compliance with AQ standards from APCD Developer prior to approval of grading permits 4 APCD to verify in a letter 84 128 AG and OS areas to be delineation prior to demolition, subdivision grading and development Developer prior to approval of grading permits 4 PIP's show no work in AG or OS area. 85 129 Grading plan to show interface between AG and OS, creeks, roads, and bikeways Developer prior to approval of grading permits 4 temporary fencing (and possibly permanent) required 86 130 Conduct pre-construction surveys for Vernal Pool Fairy Shrimp where appropriate; consult USFWS Developer prior to approval of grading permits 4 where wetland habitat could be disturbed 87 48 Recycled water pipeline infrastructure to be in place Developer prior to phase 1 bulding permits 5 shown on plans. Will remain a requirement prior to building permits. 88 49 Water pipeline infrastructure to be in place Developer prior to phase 1 bulding permits 5 shown on plans. Will remain a requirement prior to building permits. 89 50 Sewer infrastructure to be in place Developer prior to phase 1 bulding permits 5 shown on plans. Will remain a requirement prior to building permits. 90 51, 52 Dry utilities infrastructure to be in place Developer prior to phase 1 bulding permits 5 approved by Utilities Engineer 91 57 public utilities to be approved by City Engineer Developer prior to phase 1 building permits 5 shown on plans. Will remain a requirement prior to building permits. 92 64 Preliminary undergrounding plans to be processed through PG&E Developer prior to phase 1 building permits 5 Processed through PG&E 93 70 Engineering soils testing may be needed on a lot-by-lot basis; final pds to be approved Developer prior to building permits 5 as detemined by City Engineer or Building Official 94 81 Demonstrate compliance with FEMA and City floodplain management requirements Developer prior to building permits 5 verified by City Engineer and FEMA 95 98 Construction to occur consistent with EIR phasing Developer prior to building permits 5 otherwise DP and EIR may require amendment 96 101 Earthwood extension to be built Developer prior to Phase 1 building permits 5 Complete 97 102 Suburban improvements from S. Higuera to Earthwood designed and construction initiated Developer prior to Phase 1 building permits 5 Portion required for Phase 1 (Suburban from Higuera to Earthwood) complete 98 105 Install Class II bike lanes along Vachell, between Buckley and Higuera Developer prior to Phase 1 building permits 5 Complete 99 110 Construct roundabout - Earthwood and Venture Developer prior to Phase 1 building permits 5 Complete 100 111 Initiate construction of S. Higuera sidewalks - between Vachell and LOVR Developer prior to Phase 1 building permits 5 Complete 101 112 Initiate NB extension of RT lane from Higuera to South Developer prior to Phase 1 building permits 5 Complete 102 114 Initiate Higuera/Tank Farm near-term improvements - second SB left turn to Tank Farm Developer prior to Phase 1 building permits 5 Complete 103 115 pay applicable citywide, LOVR subarea and AASP subarea transportation impact fees Developer prior to Phase 1 building permits 5 Ongoing w/ each building permit 104 122 Trip reduction plan is required; draft required prior to Phase 1 building permits Developer prior to Phase 1 building permits 5 Trip Reduction Plan approved by Transportation Division 105 124 Install continuous sidewalk along Vachell from Venture northward Developer prior to Phase 1 building permits 5 Complete 106 125 Design and install SB LT lane on Vachell at Venture Developer prior to Phase 1 building permits 5 Complete 107 126 Design ramp meter at SB 101/LOVR and submit to Caltrans for approval and encroachment permit Developer prior to Phase 1 building permits 5 In progress. Part 1 of COA 126 is ongoing, but no longer tied to Phase 1 108 126 Design ramp meter at SB 101/Higuera and submit to Caltrans for approval and encroachment permit Developer prior to Phase 1 building permits 5 Part 2 of COA 126 has been eliminated per revised COA language approved w/ Phase 1 Final Map 109 2 Noise and safety disclosures to potential occupants and owners Developer prior to occupancy 6 will be part of required disclosure statement to home buyers. 110 102 Complete Suburban improvements Developer prior to Phase 1 occupancy 6 Portion required for Phase 1 complete. 111 103 Vachell/Venture; Vachell/Earthwood--access restricted to emergency, transit and bikes--completed Developer prior to Phase 1 occupancy 6 Complete 112 111 Complete S. Higuera sidewalks - between Vachell and LOVR Developer prior to Phase 1 occupancy 6 Complete 113 112 Complete NB extension of RT lane from Higuera to South Developer prior to Phase 1 occupancy 6 Complete 114 114 Complete Higuera/Tank Farm near-term improvements - second SB left turn to Tank Farm Developer prior to Phase 1 occupancy 6 Complete 115 117 Complete bus stops Developer prior to Phase 1, 50th unit occupancy 6 Earthwood bus stop completed; verifying routes with SLO Transit/RTA 116 122 Trip reduction plan is required; approval required prior to Phase 1 occupancy Developer prior to Phase 1 occupancy 6 Complete, approved by Transportation Division 117 126 Complete construction of SB 101/LOVR ramp meter Developer prior to Phase 1, 75th unit occupancy 6 Ongoing, design in progress. COA revised w/ Phase 1 Final Map, no longer tied to Phase 1 118 116g Pay fair share fees for Buckley/Vachell improvements (signal or roundabout) Developer prior to recordation of Phase 2 Final Map 8 Confirmed, weighted portion of this fee associated with Phase 1 paid prior to final map recordation. 119 100 Design and construction of Buckley ext must be initiated before Phase 2 building permits Developer prior to Phase 2 building permits 10 Extension complete 120 104 Higuera/Venture--access restricted to emergency, transit and bikes--construction initiated Developer prior to Phase 2 building permits 10 Temp left turn restrictions installed. Permanent improvements still required prior to Phase 2 121 111 Initiate construction of S. Higuera sidewalks - between LOVR and City limit Developer prior to Phase 2 building permits 10 Portion from LOVR to Vachell complete. 122 100 Buckley, signal, Class I bike path, Vachell, streetlights must be built prior to Phase 2 occupancy Developer prior to Phase 2 occupancy 11 complete 123 104 Higuera/Venture--access restricted to emergency, transit and bikes--completed Developer prior to Phase 2 occupancy 11 See above. 124 111 Complete S. Higuera sidewalks - between LOVR and City limit Developer prior to Phase 2 occupancy 11 See above. 125 106 Complete design of improvements and make efforts to acquire needed offite land Developer prior to recordation of Phase 4 Final Map 18 126 102 Improvements from Earthwood to Horizon initiated Developer prior to Phase 4 building permits 20 127 106 Initiate construction of Jespersen connection to Suburban Developer prior to Phase 4 building permits 20 128 107 Initiate construction of Buckley Road frontage improvements Developer prior to Phase 4 building permits 20 129 110 Construct roundabout - Jespersen and Venture Developer prior to Phase 4 building permits 20

130 110 Construct roundabout - Jespersen and Wright Developer prior to Phase 4 building permits 20 131 102 Improvements from Earthwood to Horizon completed Developer prior to Phase 4, 100th unit occupancy 21 132 106 Complete Jespersen improvements Developer prior to Phase 4, 100th unit occupancy 21 133 107 Complete Buckley improvements Developer prior to Phase 4, 50th unit occupancy 21 134 12 All private improvements to be owned and maintained by HOA Developer not timing specific 135 13 All stormwater facilities to be owned and maintained by HOA Developer not timing specific 136 27 Stormwater BMPs for Buckley Road subject to review and approval from SLO County Developer ? 137 28 Detailed plans for offsite improvements needed Developer with proposed phasing plans 138 30 Access rights for key roadways to be offered Developer ? 139 31 Subdivider to install public street lights per city (and where applciable) County standards Developer not timing specific 140 32 Private street light allowed per City standards ad/or ARC approvals Developer ? ARC may need to approve 141 36 Demo permit required for removal of existing buildings and infrastructure Developer ? timing not specified 142 87 Developer to prepare O&M manual for creek maintenance/stormwater BMPs Developer prior to approval of subdivision verified by City Engineer 143 88 Homeowners to be notified of BMP requirements Developer ongoing; with home sales 144 89-93 Maintenance responsibilities for creeks to be folowed by HOA or CFD as applicable Developer ongoing; to be verified per HOA verified by City Engineer and Natural Resources Manager as appropriate 145 103 remove the above access restrictions Developer upon completion of Phase 2 Buckley extension 146 108 Specifications for Buckley intersection connections Developer needs encroachment permit from County 147 109 Construct 2 bike bridges, one on each side of the existing Buckley-Tank Farm bridge Developer With extension of Buckley before Phase 2 Required prior to Phase 2. 148 113 Pay fair share of Higuera/Prado near-term improvements - Prado bridge, left-turn lane at intersection Developer ? Satisfied with Citywide TIF payment 149 120 On-street parking shall be prohibited except on local streets Developer all phases Confirmed for Phase 1 150 127 Provide potential for water well irrigation in OS/AG areas; wells to be approved by the city Developer ? timing TBD

MITIGATION MONITORING AND REPORTING PROGRAM
Avila Ranch Development Project
1 MITIGATION MONITORING AND REPORTING PROGRAM
The following Mitigation Monitoring and Reporting Program (MMRP) provides a summary of each mitigation measure for the proposed Avila Ranch Development Project and the monitoring implementation responsibility for each measure. The approved Development Plan, is also referred to as the Mitigated Project Alternative (MPA) as described and analyzed in Section 5.4.2.2 of the Final EIR, rather than the originally proposed Project. The MMRP for the MPA will be in place through all phases of the Project, including design, construction, and operation. Note that for clarity, the original mitigation measures that applied to the proposed project are included in this document, but where they do not apply in part or in total to the MPA, portions are stricken as appropriate.

RESPONSIBILITIES
The City of San Luis Obispo (City) will act as the lead implementing agency and approve a program regarding reporting or monitoring for the implementation of approved mitigation measures for this Project to ensure that the adopted mitigation measures are implemented as defined in the Final Environmental Impact Report (EIR) for the Avila Ranch Development Project. For each MMRP activity, the Applicant will either administer the activity or delegate it to staff, consultants, or contractors. The Applicant will ensure that monitoring is documented as required and that deficiencies are promptly corrected. The designated environmental monitor depending on the provision specified below (e.g., City staff, environmental monitor, certified professionals, etc.) will track and document compliance with mitigation measures, note any problems that may result, and take appropriate action to remedy problems. The City or its designee(s) will ensure that each person delegated any duties or responsibilities is qualified to monitor compliance.

MONITORING PROCEDURES
Many of the monitoring procedures will be conducted during the construction phase of the Project. The City or its designee(s) and the environmental monitor(s) are responsible for integrating the mitigation monitoring procedures into the construction process in coordination with the Applicant. To oversee the monitoring procedures and to ensure success, the environmental monitor assigned to a monitoring action must be onsite during the applicable portion of construction that has the potential to create a significant environmental impact or other impact for which mitigation is required. The environmental monitor is responsible for ensuring that all procedures specified in the monitoring program are followed.

MITIGATION MONITORING AND REPORTING PROGRAM
2 Avila Ranch Development Project

MONITORING TABLE
For each mitigation measure, Table 1 identifies 1) the full text of the mitigation; 2) plan requirements and applicable timing; 3) and how the action will be monitored and the agency responsible for verifying compliance.

MITIGATION MONITORING AND REPORTING PROGRAM
3 Avila Ranch Development Project
Mitigation Measure Plan Requirements & Timing Monitoring/Compliance Aesthetics and Visual Resources
MM VIS-3. The Applicant shall include the development of the entire landscape and open space buffer outside of the URL within Phase 1 of the construction period. Vegetation within the buffer would provide partial screening of ongoing construction.

The Development Plan and landscape plan
shall indicate installation of the entire open
space buffer within Phase 1. The Applicant
shall complete the installation of the open
space buffer prior to the issuance of grading
building permits for Phase 2. This mitigation
has been incorporated into the MPA Project
design.

The City shall ensure
compliance within the
Development Plan and
landscape plan. The City shall
confirm this feature is
incorporated within Project
plans.

Agricultural Resources
MM AG-1. The Applicant shall establish an offsite agricultural conservation easement or pay in-lieu fees to a City designated fund dedicated to acquiring and preserving agricultural land. While the City’s priority is that such agricultural land be acquired in the closest feasible proximity to the City, mitigation may be implemented using one of the following options:
a. The Applicant shall ensure permanent protection of farmland of equal area and quality, which does not already have permanent protection, within the City of San Luis Obispo, consistent with City Policy 8.6.3(C) and AASP Policy 3.2.18. The Applicant shall identify and purchase or place in a conservation easement a parcel of land of at least 71 acres of equal quality farmland, or provide in-lieu fees to allow the City to complete such an acquisition.
b. If no suitable parcel exists within the City limits, the Applicant shall identify and purchase or place in a conservation easement a parcel of farmland, of equal quantity and quality, within the City’s Sphere of Influence that is threatened by development of nonagricultural uses. The parcel shall be placed in an agricultural conservation easement (refer to Figure 2 in the Land Use Element for City Sphere of Influence). The Applicant may also provide in-lieu fees to allow the City to complete such an acquisition.
c. In the event that no suitable land is available within the City limits or City’s Sphere of Influence, the Applicant shall identify and purchase or place in a conservation easement a parcel of farmland, of equal quantity and quality, within the City’s urban reserve or greenbelt that is threatened by development of nonagricultural uses. This parcel shall be placed in an agricultural conservation easement (refer to Figure 1 in the Land Use Element for City Planning Area). The Applicant may also provide in-lieu fees to allow the City to complete such an acquisition. d. In the event that no suitable land for an agricultural conservation easement is available for purchase within the City limits, the City’s Sphere of Influence, or urban Notices, fees, and/or dedication of
agricultural conservation easements shall be
completed by the Applicant prior to the
issuance of grading and building permits
divided between Phases 1 and 2 of the
Project based upon the acreage of prime soils
impacted by each phase.

The City shall ensure
compliance with Policy LU

8.6.3(C) with the collection of
mitigation fees or establishment
of the agricultural easement.

Compliance Status:

TBD

MITIGATION MONITORING AND REPORTING PROGRAM
4 Avila Ranch Development Project
Mitigation Measure Plan Requirements & Timing Monitoring/Compliance reserve or greenbelt Planning Area, the Applicant shall identify and purchase or place in a conservation easement a parcel of farmland, of equal quantity and quality, within County lands (e.g., agricultural lands north and south of Buckley Road) that is considered to be threatened by the conversion to nonagricultural use. This parcel shall be placed in an agricultural conservation easement. The Applicant may also provide in-lieu fees to allow the City to complete such an acquisition. The Applicant shall demonstrate that such land is as close in proximity to the City as feasible.

MM AG-2a. To address potential agricultural land use conflicts, the Applicant shall coordinate with the City and County to fund installation of fencing and signs along Buckley Road to minimize potential for increases in trespass and vandalism of adjacent agricultural areas. Along the south side of Buckley Road, the use of three strand barbwire fencing would be acceptable. Along the north side of the Buckley Road extension bordering the Class I bike path, spit rail fencing shall be installed or other fencing acceptable to the County.

The Applicant shall clearly identify all
proposed measures such as fencing,
landscaping, agricultural buffers, etc. within
the Development Plan and VTM.

The City Natural Resources
Manager and planning staff, in
coordination with the County,
as needed, shall review the
Development Plan and VTM to
ensure that design includes
installation of fencing and
signs. The City Natural
Resources Manager and
planning staff shall also review
the final landscape plan to
ensure that the species mix and
density of proposed plantings
would provide an adequate
landscape buffer. The City shall
review final development to
ensure inclusion of appropriate
buffers and should consult with
County Agricultural
Department staff to ensure the
adequacy of agricultural
buffers, and their consistency
with the County Agricultural
Buffer Policies and Procedures.

Field inspections at appropriate
Project phases shall confirm
installation and compliance.

Compliance Status:

Plans to indicate compliance;
installation to be verified in the
field Phase 6
MM AG-2b. To reduce the potential for noise, dust, and pesticide drift to affect future Project residents, the Applicant shall ensure that Project landscape plans include planting of a windrow of trees and shrubs along the proposed southern landscape berm and eastern The Applicant shall clearly identify all
proposed measures such as fencing,
The City Natural Resources
Manager and planning staff
shall review the final landscape

MITIGATION MONITORING AND REPORTING PROGRAM
Avila Ranch Development Project 5
Mitigation Measure Plan Requirements & Timing Monitoring/Compliance Project site boundary at a sufficient density to buffer the site from surrounding agricultural operations.
landscaping, agricultural buffers, etc. within
the Development Plan and VTM.
plan to ensure that the species
mix and density of proposed
plantings would provide an
adequate landscape buffer.

Field inspections at appropriate
Project phases shall confirm
installation and compliance.

Compliance Status:

Plans to indicate compliance;
installation to be verified in the
field Phase 6
MM AG-2c. To augment the existing 100-foot agricultural buffer to the Caltrans property to the west of the Project site, the Applicant shall add a 20-foot hedgerow/windrow of trees and vegetation along the east side of Vachell Lane.

The Applicant shall clearly identify all
proposed measures such as fencing,
landscaping, agricultural buffers, etc. within
the Development Plan and VTM.

The City shall review final
development to ensure
inclusion of appropriate buffers
and should consult with County
Agricultural Department staff
to ensure the adequacy of
agricultural buffers, and their
consistency with the County
Agricultural Buffer Policies
and Procedures. Field
inspections at appropriate
Project phases shall confirm
installation and compliance.

Compliance Status:
completed with Phase 1
improvements
Air Quality and Greenhouse Gas Emissions
MM AQ-1a. A Construction Activity Management Plan (CAMP) shall be included as part of Project grading and building plans and shall be submitted to the APCD and to the City for review and approval prior to the start of construction. In addition, the contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust offsite. Their duties shall include holidays and weekend periods when work may not be in progress. The name and telephone of such persons shall be provided to the APCD prior to land use clearance for map recordation and grading. The plan shall include but not be limited to the following elements:
 A Dust Control Management Plan that encompasses the following dust control measures:

1. The CAMP shall be submitted to the
APCD and the City for review and approval
prior to acceptance of final Development
Plan and recordation of final VTM.

2. All required fugitive dust and emissions
control measures shall be noted on all on
grading and building plans and all
construction activities shall adhere to
measures throughout all grading, hauling,
and construction activities.

City staff shall ensure measures
are depicted on the CAMP and
all submitted grading and
construction plans for each
Project phase. The dust and
emissions control monitor shall
be responsible for compliance
during construction activities.

City grading and building
inspectors shall spot check and
ensure compliance onsite.

MITIGATION MONITORING AND REPORTING PROGRAM
6 Avila Ranch Development Project
Mitigation Measure Plan Requirements & Timing Monitoring/Compliance  Reduce the amount of disturbed area where possible;
 Water trucks or sprinkler trucks shall be used during construction to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this would require twice-daily applications. All dirt stock pile areas should be sprayed daily as needed. Increased watering frequency would be required when wind speeds exceed 15 miles per hour (mph). Reclaimed water or the onsite water well (non-potable) shall be used when possible. The contractor or builder shall consider the use of an APCD-approved dust suppressant where feasible to reduce the amount of water used for dust control;
 All dirt stock-pile areas shall be sprayed daily as needed;  Permanent dust control measures identified in the approved Project revegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities;
 Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading shall be sown with a fast germinating native grass seed and watered until vegetation is established;
 All disturbed soil areas not subject to revegetation shall be stabilized using approved chemical soil binders, jute netting, or other methods approved in advance by the APCD;
 All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used;
 Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site;
 All trucks hauling dirt, sand, soil, or other loose materials are to be covered or shall maintain at least two feet of freeboard in accordance with California Vehicle Code Section 23114;
 Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and equipment leaving the site;
 Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible;  All of these fugitive dust mitigation measures shall be shown on grading and building plans; and
 The contractor or builder shall designate a person or persons to monitor the fugitive dust control emissions and enhance the implementation of the measures as necessary to minimize dust complaints, reduce visible emissions below 20 percent opacity, and to prevent transport of dust offsite. Their duties shall include holiday and weekend periods when work may not be in progress. The name and telephone number of such

3. The contractor or builder shall provide
City monitoring staff and the APCD with
name and contact information of onsite dust
and emissions control monitor(s) who was
approved prior to grading permit issuance for
each Project Phase. Monitor duties include:
a) assure compliance with all dust control
requirements including those covering
weekends and holidays, b) order watering, as
necessary, to prevent transport of dust
offsite, c) attend the pre-construction
meeting. The dust control components apply
from the beginning of any grading or
construction until Final Building Inspection
Clearance is issued and landscaping is
successfully installed.

APCD inspectors would be
responsible for conducting
periodic site visits to ensure
compliance and respond to
nuisance complaints.

Compliance Status:

CAMP completed in Feb 2019;
verify compliance in field as
needed.

MITIGATION MONITORING AND REPORTING PROGRAM
Avila Ranch Development Project 7
Mitigation Measure Plan Requirements & Timing Monitoring/Compliance persons shall be provided to the APCD Compliance Division prior to the start of any grading, earthwork or demolition.

2. Implementation of the following BACT for diesel-fueled construction equipment, where feasible. The BACT measures shall include:
 Use of Tier 3 and Tier 4 off-road equipment and 2010 on-road compliant engines;  Repowering equipment with the cleanest engines available; and  Installing California Verified Diesel Emission Control Strategies.

3. Implementation of the following standard air quality measures to minimize diesel emissions:
 Maintain all construction equipment in proper tune according to manufacturer’s specifications;
 Fuel all off-road and portable diesel powered equipment with CARB-certified motor vehicle diesel fuel (non-taxed version suitable for use off-road).  Use diesel construction equipment meeting CARB’s Tier 2 certified engines or cleaner off-road heavy-duty diesel engines, and comply with the State off-Road Regulation;
 Use on-road heavy-duty trucks that meet the CARB’s 2007 or cleaner certification standard for on-road heavy-duty diesel engines and comply with the State On-Road Regulation;
 Construction or trucking companies with fleets that do not have engines in their fleet that meet the engine standards identified in the above two measures (e.g. captive or NOx exempt area fleets) may be eligible by proving alternative compliance;  On- and off-road diesel equipment shall not be allowed to idle for more than five minutes. Signs shall be posted in the designated queuing areas to remind drivers and operators of the five-minute idling limit;
 Diesel idling within 1,000 feet of sensitive receptors in not permitted;  Staging and queuing areas shall not be located within 1,000 feet of sensitive receptors;
 Electrify equipment when feasible;
 Substitute gasoline-powered in place of diesel-powered equipment, where feasible; and,
 Use alternatively fueled construction equipment onsite where feasible, such as compressed natural gas (CNG), liquefied natural gas (LNG), propane or biodiesel.

4. Tabulation of on- and off-road construction equipment (age, horse-power, and miles and/or hours of operation);

5. Schedule construction truck trips during non-peak hours (as determined by the Public Works Director) to reduce peak hour emissions;

MITIGATION MONITORING AND REPORTING PROGRAM
8 Avila Ranch Development Project
Mitigation Measure Plan Requirements & Timing Monitoring/Compliance

6. Limit the length of the construction work-day period; and

7. Phase construction activities, if appropriate.

MM AQ-1b. To reduce ROG and NOx levels during the architectural coating phase, low or no VOC-emission paint shall be used with levels of 50 g/L or less, such as Benjamin Moore Natura Paint (Odorless, Zero VOC Paint). The Applicant or builder shall consider additional measures to reduce daily and quarterly ROG and NOx levels related to architectural coatings, such as extending coating applications by limiting daily coating activities.

ROG and NOx reduction measures shall be
indicated on all building and construction
plans submitted to City prior to the issuance
of building permits for each Project Phase.

City staff shall ensure measures
are depicted on all submitted
building and construction plans.

City building inspectors shall
ensure compliance.

Compliance Status:

Field verify as needed.

MM AQ-1c. In order to further reduce Project air quality impacts, an offsite mitigation strategy shall be developed and agreed upon by the developer, City, and APCD at least three months prior to the issuance of grading permits, including added funding for circulation improvements and transit operations. Such funding may be in the form of cash payment or included as part of the obligation of the Community Facilities District. The Applicant shall provide this funding at least two months prior to the start of construction to help facilitate emission offsets that are as real-time as possible. Offsite mitigation strategies shall include one or more of the following:
 Replace/repower San Luis Obispo Regional Transit Authority (SLORTA) transit buses;
 Purchase VDECs for transit buses; and
 Fund expansion of existing SLORTA transit services.

1. The Applicant shall prepare and submit
the offsite mitigation strategy to the APCD
for review and to the City for approval at
least three months prior to the issuance of
grading permits for Phase 1 construction.

2. The Applicant shall provide funding to the
APCD at least two months prior to the start
of construction.

The APCD and City staff shall
ensure offsite mitigation
measures are appropriate. The
APCD shall ensure the receipt
of funding.

Compliance Status:

At least 3 months prior to
grading permits, coordinate
with APCD per letter of
3/21/19.

MM AQ-2a. The Applicant shall include the following:
 Water Conservation Strategy: The Applicant shall install fixtures with the EPA WaterSense Label, achieving 20 percent reduction indoor.

The Project shall install drip, micro, or fixed spray irrigation on all plants other than turf, also including the EPA WaterSense Label, achieving 15 percent reduction in outdoor landscaping.
 Solid Waste: The Applicant shall institute recycling and composting services to achieve a 15 percent reduction in waste disposal, and use waste efficient landscaping.
 Fugitive Dust: The Applicant shall replace ground cover of at least 70 percent of area disturbed in accordance with CARB Rule 403.  Energy Conservation Strategy: The Applicant shall install additional solar and alternative energy features (e.g., solar panels on commercial buildings; solar canopies over commercial parking areas).

The Applicant shall indicate the above
measures on the Development Plan and
building plans prior to acceptance of the final
Development Plan and recordation of the
VTM.

City staff shall ensure measures
are indicated on plans. City
building inspectors shall ensure
compliance after completion of
each Phase.

Compliance Status:

Shown on plans; field verify as
needed.

MITIGATION MONITORING AND REPORTING PROGRAM
Avila Ranch Development Project 9
Mitigation Measure Plan Requirements & Timing Monitoring/Compliance MM AQ-2b. Consistent with standard mitigation measures set forth by the APCD, Projects generating more than 50 lbs/day of combined ROG + NOx or PM10 shall implement all feasible measures within Table 3-5 of the Air Quality Handbook.

The Applicant shall include the mitigation
measures in Table 3-5 of the 2012 SLO
County APCD CEQA Air Quality
Handbook, as indicated in the column
“Describe How Project Will Include This
Measure” in Table 3.3-9, above. All feasible
standard mitigation measures shall be
included as part of the Project prior to
acceptance of the final Development Plan
and recordation of the final VTM. City staff
shall ensure the above measures are
incorporated into the development plan and
building plans prior to permit issuance.

1. City staff shall ensure
measures are on plans. City
staff shall work with the
Applicant to ensure that these
strategies are implemented.

2. APCD inspectors or other
City-approved compliance
monitors shall conduct periodic
site visits to ensure compliance
and respond to nuisance
complaints.

Compliance Status:

Shown on plans; field verify as
needed.

Biological Resources
MM BIO-1a. The Applicant shall prepare and implement a Biological Mitigation Plan that identifies construction-related staging and maintenance areas and includes Project-specific construction best management practices (BMPs) to avoid or minimize impacts to biological resources, including all measures needed to protect riparian woodland along Tank Farm Creek, minimize erosion, and retain sediment on the Project site. Such BMPs shall include (but not be limited to) the following:
1) Construction equipment and vehicles shall be stored at least 100 feet away from Tank Farm Creek and adjacent riparian habitat, and all construction vehicle maintenance shall be performed in a designated offsite vehicle storage and maintenance area. 2) Prior to construction activities adjacent to Tank Farm Creek, the creek shall be fenced with orange construction fencing and signed to prohibit entry of construction equipment and personnel unless authorized by the City. Fencing should be located a minimum of 20 feet from the edge of the riparian canopy or top of bank, whichever is further from the creek, and shall be maintained throughout the construction period for each phase of development.
3) In the event that construction must occur within the creek or 20-foot creek setback, a biological monitor shall be present during all such activities with the authority to stop or redirect work as needed to protect biological resources. 4) Construction shall occur during daylight hours (7:00 AM to 7:00 PM or sunset, whichever is sooner) to avoid impacts to nocturnal and crepuscular (dawn and dusk activity period) species. No construction night lighting shall be permitted within 100 yards of the top of the creek banks.
5) Construction equipment shall be inspected at the beginning of each work day to ensure that no wildlife species is residing within any construction equipment (e.g., species have not climbed into wheel wells, engine compartments, or under tracks since the The Biological Mitigation Plan shall be
submitted for review and approval by the
City prior to acceptance of the final
Development Plan and recordation of the
final VTM. The plan shall be designed to
address all construction-related activities
during all phases of development until all
disturbed areas are permanently stabilized.

1. The City shall review and
approve the Biological
Mitigation Plan to ensure that
all BMPs and appropriate
mitigation measures have been
included. The City shall review
the construction plans for each
phase of development to ensure
consistency with the Biological
Mitigation Plan.

2. City staff shall periodically
inspect the Project site during
major grading and construction
within or adjacent to Tank
Farm Creek.

Compliance Status:

Mitigation Plan completed in
Jan 2019; subject to field
verification when grading and
construction occur

MITIGATION MONITORING AND REPORTING PROGRAM
10 Avila Ranch Development Project
Mitigation Measure Plan Requirements & Timing Monitoring/Compliance equipment was last parked). Any sensitive wildlife species found during inspections shall be gently encouraged to leave the Project site by a qualified biologist or otherwise trained and City-approved personnel.
6) Pallets or secondary containment areas for chemicals, drums, or bagged materials shall be provided. Should material spills occur, materials and/or contaminants shall be cleaned from the Project site and recycled or disposed of to the satisfaction of the Regional Water Quality Control Board (RWQCB).
7) All trash and construction debris shall be picked up and properly disposed at the end of each day and waste dumpsters shall be covered with plastic sheeting at the end of each workday and during storm events. All sheeting shall be carefully secured to withstand weather conditions.
8) The Applicant shall implement erosion control measures designed to minimize erosion and retain sediment on the Project site. Such measures shall include installation of silt fencing, straw waddles, or other acceptable erosion control devices along the perimeter of Tank Farm Creek and at the perimeter of all cut or fill slopes. All drainage shall be directed to sediment basins designed to retain all sediment onsite. 9) Concrete truck and tool washout should occur in a designated location such that no runoff will reach the creek.
10) All open trenches shall be constructed with appropriate exit ramps to allow species that incidentally fall into a trench to escape. All open trenches shall be inspected at the beginning of each work day to ensure that no wildlife species is present. Any sensitive wildlife species found during inspections shall be gently encouraged to leave the Project site by a qualified biologist or otherwise trained and City-approved personnel.

Trenches will remain open for the shortest period necessary to complete required work.
11) Existing facilities and disturbed areas shall be used to the maximum extent possible to minimize the amount of disturbance of undeveloped areas and all construction access roads and staging areas shall be located to avoid high quality habitat and minimize habitat fragmentation.

MM BIO-1b. The Applicant shall retain a qualified Environmental Monitor, subject to review and approval by the City and in consultation with CDFW, RWQCB, and USFWS to oversee compliance of the construction activities with the Biological Monitoring Plan and applicable laws, regulations, and policies. The Environmental Monitor shall monitor all construction activities, conduct a biological resources education program for all construction workers prior to the initiation of any clearing or construction activities, and provide quarterly reports to the City regarding construction activities, enforcement issues and remedial measures. The Environmental Monitor shall be responsible for conducting inspections of the work area each work day to ensure that excavation areas, restored habitats, and open water habitats in the area do not have oil sheen, liquid oil, or any other potential exposure risk to wildlife. If any exposure risk is identified, the Environmental The City shall select a qualified
Environmental Monitor and a CDFWapproved qualified biologist prior to issuance of grading and building permits for each
phase of construction. The Environmental
Monitor and CDFW-approved qualified
biologist shall be present onsite to monitor
construction activities.

The Environmental Monitor
shall monitor all grading and
construction, conduct regular
site inspections, and is
responsible for compliance of
the construction and the above
BMPs within MM BIO-1a.

During construction, the
Environmental Monitor shall
submit quarterly monitoring
reports to the City to ensure
compliance with the Biological

MITIGATION MONITORING AND REPORTING PROGRAM
Avila Ranch Development Project
11 Mitigation Measure Plan Requirements & Timing Monitoring/Compliance Monitor shall implement measures that could include, but are not limited to, hazing, fencing, and wildlife removals to eliminate the exposure risk.

In addition, a CDFW-approved biologist shall be present during all construction occurring within 50 feet of Tank Farm Creek, riparian habitat, drainages, and seasonal or permanent wetlands. The biologist shall also conduct sensitive species surveys immediately prior to construction activities (within the appropriate season) and shall monitor construction activities in the vicinity of habitats to be avoided (see also, MM BIO-3 and all subparts below).

The work area boundaries and other off-limit areas shall be identified by the biologist and/or Environmental Monitor on a daily basis. The biologist and/or Environmental Monitor shall inspect construction and sediment control fencing each work day during construction activities to ensure that sensitive species are not exposed to hazards. Any vegetation clearing activities shall be monitored by the biologist and/or Environmental Monitor.

Mitigation Plan and applicable
laws, regulations, and policies.

The qualified biologist shall be
onsite during all construction
within 50 feet of sensitive creek
and riparian habitat areas.

Compliance Status:

Monitor approved; field
verification ongoing as
activities occur.

MM BIO-2a. Project designs shall be modified to realign the Tank Farm Class I bicycle path and relocate manufactured slopes for housing pads in order to create a minimum of a 35-foot creek setback from either the top of the bank of Tank Farm Creek or edge of riparian habitat, whichever is further, for at least 90 percent of corridor length. No more than 10 percent of the length of the corridor (700 linear feet) shall have a setback of less than 35 feet, but at least 20 feet from the top of the bank or edge of riparian canopy, whichever is further.

However, in any instance the creek setback shall be no less than 20 feet from the edge of riparian canopy or top of bank, whichever is further, consistent with Section 17.16.025 of the City of San Luis Obispo Zoning Regulations.

The Applicant shall revise the proposed
Project to move the location of the Tank
Farm Class I bicycle path and manufactured
slopes to be outside the City-approved creek
setback. The revised Development Plan and
VTM shall clearly indicate the 35-foot creek
setback line from the top of the bank or
riparian edge, whichever is further. The
Applicant shall clearly delineate any portions
of development within the 35-foot creek
setback. In addition, the Applicant shall
submit creek cross sections along various
locations of Tank Farm Creek that
demonstrate compliance. The City shall
review and approve these modifications prior
to acceptance of the final Development Plan
and recordation of the final VTM.

The City shall ensure
compliance the specific creek
setbacks through review and
approval of the final VTM,
grading plan, and final
Development Plan, along with
monitoring reports prepared as
part of MM BIO-1b.

Compliance Status:

Ongoing; subject to review
MM BIO-2b. The Biological Mitigation Plan shall provide details on timing and implementation of required habitat restoration and shall be prepared in consultation with the City’s Natural Resource Manager and CDFW. A copy of the final plan shall be submitted to the City for review and approval. The plan shall be implemented by the Project Applicant, under supervision by the City and Environmental Monitor, and:
1) Characterize the type, species composition, spatial extent, and ecological functions and values of the wetland and riparian habitat that will be removed, lost, or damaged.
2) Describe the approach that will be used to replace the wetland and riparian habitat removed, lost, or adversely impacted by the Project, including a list of the soil, plants, The Biological Mitigation Plan shall specify
the location, timing, species composition,
and maintenance of all habitat restoration
and enhancement efforts. Completed preconstruction species surveys shall be submitted to the City within 10 days of
completion. Construction work shall not
commence until after the completion of
surveys and approval of the Biological
Mitigation Plan. Any required permits shall
be obtained from the state and federal
The City shall:

1. Review and approve the
Biological Mitigation Plan.

2.Review construction plans for
each phase of development to
ensure consistency with the
Biological Mitigation Plan.

3. Select a qualified biologist
prior to issuance of all grading
and building permits.

MITIGATION MONITORING AND REPORTING PROGRAM
12 Avila Ranch Development Project
Mitigation Measure Plan Requirements & Timing Monitoring/Compliance and other materials that will be necessary for successful habitat replacement, and a description of planting methods, location, spacing, erosion protection, and irrigation measures that will be needed. Restoration and habitat enhancement shall include use of appropriate native species and correction of bank stabilization issues. Wetland restoration or enhancement areas shall be designed to facilitate establishment of wetland plants such as willows, cottonwoods, rushes, and creeping wild rye. 3) Describe the habitat restoration ratio to be used in calculating the acreage of habitat to be planted, consistent with MM BIO-2c through 2e below and the findings in the Biological Report (Appendix I).
4) Describe the program that will be used for monitoring the effectiveness and success of the habitat replacement approach.
5) Describe how the habitat replacement approach will be supplemented or modified if the monitoring program indicates that the current approach is not effective or successful.
6) Describe the criteria that will be used to evaluate the effectiveness and success of the habitat replacement approach.
7) Indicate the timing and schedule for the planting of replacement habitat. 8) Habitat restoration or enhancement areas shall be established within the Project boundaries, adjacent to and contiguous with existing wetlands to the maximum extent possible. Habitats suitable for Congdon’s tarplant and other native wetland species shall be created onsite. If Congdon’s tarplant is found in areas proposed for disturbance, the affected individuals shall be replaced at a 1:1 ratio through seeding in a suitable conserved natural open space area. A management plan for the species shall be developed consistent with applicable scientific literature pertinent to this species.
9) Habitat restoration or enhancement sites shall be placed within deed-restricted area(s), and shall be maintained and monitored for a minimum of five years. If sufficient onsite mitigation area is not practicable, an offsite mitigation plan shall be prepared as part of the Biological Mitigation Plan and approved by permitting agencies.
10) The Biological Mitigation Plan shall identify appropriate restoration and enhancement activities to compensate for impacts to seasonal creek, wetland, and riparian habitat, including a detailed planting plan and maintenance plans using locally obtained native species and include habitat enhancement to support native wildlife and plant species.
11) A weed management plan and weed identification list shall be included in the Biological Mitigation Plan.
12) Habitat restoration or enhancement areas shall be maintained weekly for the first three years after Phase completion and quarterly thereafter. Maintenance shall include eradication of noxious weeds found on California Department of Food and agencies prior to the issuance of grading or
building permits. The Biological Mitigation
Plan shall be prepared by the Applicant and
submitted to the City for approval prior to
acceptance of the final Development Plan
and recordation of the final VTM.

4. Review findings of the
surveys submitted with
quarterly construction reports.

5. Ensure compliance with
Sections 3505 and 3503.1 of
the Fish and Game Code of
California.

After the completion of each
phase, the qualified biologist
shall inspect the site as follows:
quarterly for the first two years,
semi-annually during the third
year, and annually for the
fourth and fifth years. Annual
reports demonstrating
compliance with the Biological
Mitigation Plan and any needed
corrective actions shall be
submitted to the City for five
years after completion of each
phase. Qualified biologist
and/or Environmental Monitor
shall monitor for compliance
during ongoing construction.

Compliance Status:

Mitigation Plan approved;
subject to field verification
when grading and construction
occur

MITIGATION MONITORING AND REPORTING PROGRAM
Avila Ranch Development Project
13 Mitigation Measure Plan Requirements & Timing Monitoring/Compliance Agriculture Lists (CDFA) A and B. Noxious weeds on CDFA list C may be eradicated or otherwise managed.
13) Mitigation implementation and success shall be monitored quarterly for the first two years after completion of each Phase, semi-annually during the third year, and annually the fourth and fifth years. Annual reports documenting site inspections and site recovery status shall be prepared and sent to the County and appropriate agencies.

MM BIO-2c. Within the required Biological Mitigation Plan, all temporary and permanent impacts to riparian trees, wetlands, and riparian habitat shall be mitigated, as follows:
1) Temporary impacts to wetland and riparian habitat shall be mitigated at a minimum 1:1 mitigation ratio for restoration (area of restored habitat to impacted habitat). 2) Permanent impacts to state jurisdictional areas, including isolated wetlands within agricultural lands and riparian habitat will be mitigated at a 1.5:1 ratio (area of restored and enhanced habitat to impacted habitat).
3) Permanent impacts to federal wetlands shall be mitigated at a minimum 3:1 ratio (1:1 area of created to impacted habitat plus 2:1 area of created/enhanced habitat to impacted habitat).
4) Riparian trees four inches or greater measured at diameter-at-breast-height (DBH) shall be replaced in-kind at a minimum ratio of 3:1 (replaced: removed). Trees measured at 24 inches or greater DBH shall be replaced in-kind at a minimum ratio of 10:1. Willows and cottonwoods may be planted from live stakes following guidelines provided in the California Salmonid Stream Habitat Restoration Manual for planting dormant cuttings and container stock (CDFW 2010). Permanent impacts to riparian vegetation shall be mitigated at a 3:1 ratio to ensure no net loss of acreage and individual plants.
5) Replacement trees shall be planted in the fall or winter of the year in which trees were removed. All replacement trees will be planted no more than one year following the date upon which the native trees were removed. Replacement plants shall be monitored for 5 years with a goal of at least 70 percent survival at the end of the 5-year period.

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

The Biological Mitigation Plan shall
demonstrate compliance with mitigation
ratios and be submitted to the City for
approval prior to acceptance of the final
Development Plan and recordation of the
final VTM. Tree and vegetation replacement
shall occur within the same construction
phase as tree and vegetation removal.

The City shall ensure
compliance with requirements
for the Biological Mitigation
Plan. The Environmental
Monitor shall ensure
compliance during restoration
activities.

Compliance Status:

Mitigation Plan approved;
subject to field verification
when grading and construction
occur
MM BIO-2d. Project design shall be modified to preserve at a minimum the southern 275 feet of the North-South Creek Segment to protect all existing mature riparian woodland, and the proposed drainage plan shall be altered to convey remaining surface water flows from areas to the north to this channel.

Applicant shall revise Development Plan and
VTM to preserve a minimum of 275 feet of
the North-South Creek Segment along its
southern reach. Revised plans shall be
submitted and approved by the City prior to
acceptance of the final Development Plan
and recordation of the final VTM.

The City shall review and
ensure compliance of
protection and restoration
measures within the required
Biological Mitigation Plan.

Compliance Status:

MITIGATION MONITORING AND REPORTING PROGRAM
14 Avila Ranch Development Project
Mitigation Measure Plan Requirements & Timing Monitoring/Compliance Mitigation Plan approved; field
verify as needed.

MM BIO-2e. To minimize impacts to riparian habitat, the Project shall stockpile sufficient emergent vegetation (e.g., cattails) for later planting in the realigned reach of Tank Farm Creek. Stockpiled vegetation shall be placed in earthen basins with the roots covered with moist soil and maintained in a moist condition during construction operations.

Biological Mitigation Plan shall demonstrate
compliance and be submitted to the City for
approval prior to acceptance of the final
Development Plan and recordation of the
final VTM.

The Environmental Monitor
shall ensure compliance with
the Biological Mitigation Plan
during restoration activities.

Compliance Status:

Mitigation Plan approved;
compliance subject to field
verification.

MM BIO-2f. The reconstructed portion of Tank Farm Creek shall be engineered to provide similar characteristics to the existing creek channel and banks, including sinuosity, gradient, and channel capacity. The reconstructed stream channel shall be vegetated with appropriate riparian tree and shrub species, and monitored as part of the required Biological Mitigation Plan.

The Biological Mitigation Plan shall
demonstrate compliance and be submitted to
the City for review and approval prior to
acceptance of the final Development Plan
and recordation of the final VTM. This
mitigation does not apply to the MPA.

The City shall ensure
compliance with the
requirements of the Biological
Mitigation Plan. The
Environmental Monitor shall
also ensure compliance with
during restoration activities.

Compliance shall also be
demonstrated within the
Biological Mitigation Plan
annual report for Phase 3
submitted to the City.

MM BIO-2g. A post-construction landscape and restoration report for each phase shall be prepared by the Environmental Monitor based on as-built drawings and site inspections to document the final grading, plantings, and habitat restoration activities. The report shall include as-built plans prepared after restoration, grading, and mitigation habitat plantings are complete. The as-built plans shall be prepared by landscape and grading contractors responsible for realignment and restoration within Tank Farm Creek.

The Applicant shall submit to the all postconstruction landscape and restoration reports within 60 days of final installation of
plant materials for each phase.

The City shall review postconstruction landscape and
restoration reports and ensure
compliance prior to approval of
grading and building permits
for each new phase of
construction. Environmental
Monitor shall ensure
compliance with approved
Biological Mitigation Plan for
all restoration activities.

Compliance Status:

BMMP completed Jan 2019;
field verify as needed.

MITIGATION MONITORING AND REPORTING PROGRAM
Avila Ranch Development Project
15 Mitigation Measure Plan Requirements & Timing Monitoring/Compliance MM BIO-2h. Project activities within Tank Farm Creek and drainage channels, including any tree pruning or removals, any necessary erosion repairs, or culvert removals, shall be performed when the channel is dry, planned to the satisfaction of the City Engineer and Natural Resource Manager per City Drainage Manual Standards, and be subject to monitoring by the Environmental Monitor. Upon removal of the existing steel culvert currently used for farm access across Tank Farm Creek, the channel shall be restored to match conditions immediately upstream and downstream including channel width, gradient, and vegetation.

Compliance with the City Drainage Manual
Standards shall be demonstrated within the
final Development Plan and grading plans
for each phase and be subject to City review
and approval prior to acceptance of the final
Development Plan and recordation of the
final VTM. The City shall be notified at least
10 business days in advance of any work to
be performed within the creek or drainage
channels.

The City shall ensure
compliance with standards on
the final Development Plan and
VTM. The Environmental
Monitor shall monitor activities
within the creek and drainage
channels.

Compliance Status:

BMMP completed Jan 2019;
field verify as needed.

MM BIO-2i. To reduce erosion and runoff from all exposed soils, all bare disturbed soils shall be hydroseeded at the completion of grading for each construction phase. The seed mix shall contain a minimum of three locally native grass species and may contain one or two sterile non-native grasses not to exceed 25 percent of the total seed mix by count. Seeding shall be completed no later than November 15 of the year in which Project activities occurred. All exposed areas where seeding is considered unsuccessful after 90 days shall receive a second application or seeding, straw, or mulch as soon as is practical to reduce erosion.

Seeding shall be completed no later than
November 15 of the year in which Project
activities occurred.

The Environmental Monitor
shall monitor hydroseeding
activities for compliance.

Compliance shall be
demonstrated within the
quarterly reports for
construction activities (refer to
MM BIO-1a and 1b).

Compliance Status:

BMMP completed Jan 2019;
field verify as needed.

MM BIO-2j. The Tank Farm Creek Class I bicycle path bridge footings for creek crossings shall be placed outside mapped riparian areas and outside the top of the bank of the channel invert. The Class I bridges shall be located within areas that have little to no riparian vegetation. No construction activities or equipment shall occur in the stream channel. The placement of the bridge and footings shall be indicated on the Development Plan, VTM, and Biological Mitigation Plan, and shall show the bridges’ placement in relation to existing vegetation and the creek channel and banks.

The Applicant shall demonstrate compliance
with Development Plan, VTM, and
Biological Mitigation Plan subject to City
review and approval prior to acceptance of
the final Development Plan and recordation
of the final VTM.

The City shall review the
Biological Mitigation Plan,
final Development Plan and
final VTM to ensure
compliance.

Compliance Status:

BMMP completed Jan 2019;
field verify as needed.

MM BIO-3a. The City-approved qualified biologist shall conduct training to all construction personnel to familiarize construction crews with sensitive species that have the potential to occur within the Project site. This may include but is not limited to: California red-legged frog, western pond turtle, Steelhead trout, bats, migratory birds, and Congdon’s tarplant.

The educational program shall include a description what constitutes take, penalties for take, and the guidelines that would be followed by all construction personnel to avoid take of All construction personnel shall complete
special status species training prior to
partaking in any Project-related activities,
and again prior to the commencement of
each Project phase. Ongoing weekly “tailgate” trainings shall occur during The construction foreman shall
demonstrate compliance and
completion of training with
training logs. The Cityapproved qualified biologist
shall verify completion of

MITIGATION MONITORING AND REPORTING PROGRAM
16 Avila Ranch Development Project
Mitigation Measure Plan Requirements & Timing Monitoring/Compliance species during construction activities. Descriptions of the California red-legged frog and its habits, Congdon’s tarplant, nesting and migratory birds that may be encountered, and all other sensitive species that have a potential to occur within the vicinity of Project construction shall be provided. The construction crew foreman shall be responsible for ensuring that crew members comply with the guidelines and that all new personnel receive the training before partaking in construction activities. construction activities performed within 50
feet of creek, wetland, and riparian areas.
training. Training logs shall be
submitted to the City along
with quarterly reports during
construction (refer to MM BIO1a).

Compliance Status:

BMMP completed Jan 2019;
field verify as needed.

MM BIO-3b. The Biological Mitigation Plan shall address wildlife and special status species movement as follows:
 Migratory and Nesting Bird Management. Grading and construction activities shall avoid the breeding season (typically assumed to be from February 15 to August 15) to the extent practicable, particularly within 50 feet of Tank Farm Creek and riparian or wetland habitat. If Project activities must be conducted during this period, preconstruction nesting bird surveys shall take place within one week of habitat disturbance associated with each phase, and if active nests are located, the following shall be implemented:
o Construction activities within 50 feet of active nests shall be restricted until chicks have fledged, unless the nest belongs to a raptor, in which case a 200-foot activity restriction buffer shall be observed.
o A pre-construction survey report shall be submitted to the City immediately upon completion of the survey. The report shall detail appropriate fencing or flagging of the buffer zone and make recommendations on additional monitoring requirements. A map of the Project site and nest locations shall be included with the report.
o The Project biologist conducting the nesting survey shall have the authority to reduce or increase the recommended buffer depending upon site conditions and the species involved. A report of findings and recommendations for bird protection shall be submitted to the City prior to vegetation removal.  Bat Colony Management. Prior to removal of any trees over 20 inches diameter-atbreast-height (DBH), a survey shall be conducted by a CDFW-approved qualified biologist to determine if any tree proposed for removal or trimming harbors sensitive bat species or maternal bat colonies. Maternal bat colonies shall not be disturbed. If a non-maternal roost is found, the qualified biologist shall install one-way valves or other appropriate passive relocation method. For each occupied roost removed, one bat box shall be installed in similar habitat and shall have similar cavities or crevices to those which are removed, including access, ventilation, dimensions, height above ground, and thermal conditions. If a bat colony is excluded from the Project site, appropriate

1. The Biological Mitigation Plan shall
include a management plan for migrating and
nesting birds, bat colonies, Congdon’s
tarplant, and sensitive species and shall be
submitted for review and approval by the
City prior to acceptance of final
Development Plan and recordation of the
final VTM.

2. Construction shall be conducted between
August 16 and February 14 unless preconstruction surveys are completed.

Completed pre-construction species surveys
(i.e., nesting, bat surveys, etc.) shall be
submitted to the City within 10 days of
completion. Construction work shall not
commence until after the completion of
surveys. 3. Required permits shall be
obtained from state and federal agencies
prior to issuance of grading or building
permits.

The City shall: 1.Ensure
compliance on the Biological
Mitigation Plan. The City shall
review findings of the surveys
submitted with quarterly
construction reports 2.Ensure
compliance with Sections 3505
and 3503.1 of the Fish and
Game Code of California.

3. The qualified biologist
and/or Environmental Monitor
shall monitor for compliance
during ongoing construction.

Compliance Status:

Mitigation Plan approved;
compliance subject to field
verification as construction
occurs

MITIGATION MONITORING AND REPORTING PROGRAM
Avila Ranch Development Project
17 Mitigation Measure Plan Requirements & Timing Monitoring/Compliance alternate bat habitat shall be installed in the Project site. To the extent practicable, alternate bat house installation shall be installed near the onsite drainage.  Congdon’s Tarplant Management. Prior to initiation of construction, the Applicant shall fund a site survey for Congdon’s tarplant, and:
o If Congdon’s tarplant is found in areas proposed for building, the affected individuals shall be replaced at a 1:1 ratio through seeding in a suitable conserved natural open space area.
o A mitigation and monitoring plan for the species shall be developed consistent with applicable scientific literature pertinent to this species. The plan shall provide for the annual success over an area of at least 1,330 square feet with approximately 500-750 individuals (the current aerial extent) and be implemented to reduce impacts to Congdon’s tarplant to a less than significant level. o The mitigation plan shall be incorporated into the Biological Mitigation Plan, wherein wetland sites shall be created and Congdon’s tarplant seeds from the site shall be reintroduced.
 Sensitive Species Management. Injury or mortality to the California red-legged frog, western pond turtle, and steelhead shall be avoided. The plan shall include the following measures: pre-Project surveys; worker awareness; cessation of work in occupied areas; relocation (if necessary) of frogs, turtles, and steelhead from the work area by a professional biologist authorized by the USFWS and/or CDFW; and monitoring by a qualified biologist during construction. Necessary permits shall be obtained from the state (CDFW) and federal (USACE and USFWS) regulatory agencies with jurisdiction. Any other sensitive species observed during the pre-construction surveys shall be relocated out of harm’s way by the qualified biologist into the nearest suitable habitat as determined in consultation with the jurisdictional resource agency outside the disturbance area.

MM BIO-3c. Within 48 hours prior to construction activities within 50 feet of Tank Farm Creek, drainages, and seasonal wetlands, the Project site shall be surveyed for California red-legged frogs by a qualified biologist. If any California red-legged frogs are found, work within 25 linear feet in any direction of the frog shall not start until the frog has been moved from the area. The USFWS shall be consulted for appropriate action; the Applicant shall obtain a Biological Opinion from the USFWS and any additional authorization required by other regulatory agencies prior to the commencement of work. The USFWS-qualified biologist, Environmental Monitor, or USFWS personnel may determine that frog-exclusion fencing is necessary to prevent overland movement of frogs if concerns arise that frogs could enter construction areas. Frog-exclusion fencing should contain no gaps and must extend at least 18 inches above ground; fences may be opened during periods of no construction (e.g., weekends) to prevent entrapment.

No construction activities within 50 feet of
frog habitat shall occur prior to California
red-legged frog surveys. Completed surveys
shall be submitted to City along with
quarterly construction reports.

The City shall review findings
of the surveys submitted with
quarterly construction reports.

Biologist shall ensure
compliance during ongoing
construction activities and with
USFWS recommended actions.

Compliance Status:

BMMP completed Jan 2019;
field verify as needed.

MM BIO-3d. Within 48 hours prior to construction activities within 50 feet of Tank Farm Creek, drainages, seasonal wetlands, and riparian habitat, the Project site shall be surveyed No construction activities within 50 feet of
frog habitat shall occur prior to the
The City shall review findings
of the surveys submitted with

MITIGATION MONITORING AND REPORTING PROGRAM
18 Avila Ranch Development Project
Mitigation Measure Plan Requirements & Timing Monitoring/Compliance for western pond turtles by a qualified biologist. If any western pond turtles are found, work shall cease until the turtle is relocated to the nearest suitable habitat. The qualified biologist shall monitor all ground breaking work conducted within 50 feet of western pond turtle habitat. The City-approved biologist Environmental Monitor may determine that silt fencing shall be installed adjacent to western pond turtle habitat if concerns arise that the western pond turtle overland movement could allow them to access construction areas. completion of western pond turtle surveys.

Completed surveys shall be submitted to City
along with quarterly construction reports.
quarterly construction reports
demonstrating compliance. The
biologist and/or Environmental
Monitor shall ensure
compliance during ongoing
construction activities and with
USFWS recommended actions.

MM BIO-3e. Construction of the realigned portion of Tank Farm Creek, including planting of riparian vegetation, watering, and bank stabilization, shall be conducted prior to removal of the North-South Creek Segment to provide a fully connected wildlife movement area through Tank Farm Creek throughout the construction period. Project phasing shall be adjusted as needed to accommodate this sequence of construction activities.

The Applicant shall demonstrate phasing and
creek restoration within the Development
Plan, VTM and Biological Mitigation Plan.

Applicant shall submit to the City for review
and approval prior to acceptance of the final
Development Plan and recordation of the
final VTM. This measure would not apply to
the MPA.

The City shall review the
Biological Mitigation Plan,
Development Plan, and VTM
for compliance. The
Environmental Monitor shall
monitor creek realignment and
the removal of North-South
Creek Segment for compliance.

MM BIO-4. The required Biological Mitigation Plan shall address bat colonies for the Buckley Road Extension site. Bat surveys shall be conducted in buildings proposed for demolition. If surveys determine bats are present, bat exclusion devices shall be installed between August and November, and building demolition would occur between November and March. If demolition of structures must occur during the bat breeding season, buildings must be inspected and deemed clear of bat colonies/roosts within seven days of demolition and an appropriately trained and approved biologist must conduct a daily site-clearance during demolition. If bats are roosting in a structure in the Project site during the daytime but are not part of an active maternity colony, then exclusion measures must include one-way valves that allow bats to get out but are designed so that the bats may not re-enter the structure.

A bat colony management plan shall be
submitted for review and approval prior to
acceptance of the final Development Plan
and recordation of the final VTM. Completed
bat surveys shall be submitted within 10 days
of completion. Construction work shall not
commence until completion of surveys or
relocation of any non-maternal bat colonies.

Exclusion measures shall be installed prior to
initiation of construction of Phase 2.

The City shall review findings
of the bat surveys submitted
with quarterly construction
reports The qualified biologist
and/or Environmental Monitor
shall monitor for compliance
during ongoing construction.

Compliance Status:

Mitigation Plan completed;
field monitor as necessary.

MM BIO-5a. All exterior building lights facing Tank Farm Creek shall be hooded to prevent light spillover into the creek; all residential street lights over 10 feet in height shall be setback a minimum of 100 feet from the top of the creek bank and hooded and/or directed away from the creek. Any night lighting adjacent to the creek (e.g., walkway lights) shall be of low voltage and hooded downward. Artificial light levels within 20 feet of the top of the creek bank shall not exceed 1-foot candle or the lowest level of illumination found to be feasible by the City.

This mitigation measure shall be
incorporated appropriately and subject to
City review and approval prior to acceptance
of the final Development Plan and
recordation of the final VTM.

The City shall review the final
Development Plan, Biological
Mitigation Plan, and lighting
plan to ensure compliance.

Compliance Status:

BMMP completed Jan 2019;
field verify as needed.

MM BIO-5b. Tank Farm Creek restoration/enhancement plantings shall include native vegetation, such as oaks, cottonwoods, willows, and sycamores along the entire length of the Project’s creek frontage in order to minimize light spillover into the creek.

Measure shall be incorporated as part of the
Biological Mitigation Plan to subject to City
review and approval prior to acceptance of
the final Development Plan and recordation
of the final VTM.

The City shall review the final
Development Plan, landscape
plans and restoration plans to
ensure compliance.

MITIGATION MONITORING AND REPORTING PROGRAM
Avila Ranch Development Project
19 Mitigation Measure Plan Requirements & Timing Monitoring/Compliance Compliance Status:

BMMP completed Jan 2019;
field verify as needed.

MM BIO-6. All work within 100 feet of Tank Farm Creek, including work within the creek setback, shall occur outside the rainy season (April 15 to October 15, unless approved otherwise by the RWQCB), during periods when the creek channel is dry and water flows are absent.

This measure shall be included within the
Biological Mitigation Plan and subject to
City review and approval prior to acceptance
of the Final Development Plan and
recordation of the final VTM. During
construction, quarterly documentation
demonstrating compliance shall be submitted
to the City.

The City shall review and
approve the Biological
Mitigation Plan to ensure this
issue is addressed and prior to
the onset of construction for
each phase. The City shall
ensure compliance in detailed
grading and construction plans.

The onsite Environmental
Monitor shall ensure that
construction within 100 feet of
the creek is halted during a wet
weather event.

Compliance Status:

BMMP completed Jan 2019;
field verify as needed.

Cultural Resources
MM CR-2a. Data recovery through controlled grading of CA-SLO-2798/H shall occur prior to the start of construction to seek buried features and additional diagnostic artifacts. The Applicant shall retain a Registered Professional Archaeologist familiar with the types of historic and prehistoric resources that could be encountered within the Project site and a Native American monitor to supervise the controlled grading, which shall occur in 10- centimeter lifts to culturally sterile sediments or maximum construction depth (whichever is reached first).
 Any formed tools exposed during grading shall be collected. If archaeological features are exposed (including but not limited to hearths, storage pits, midden deposits, or structural remains), the archaeologist shall temporarily redirect grading to another area so the features can be exposed, recorded, and sampled according to standard archaeological procedures. Organic remains shall be dated using the radiocarbon method and the geochemical source and hydration rim thickness of any obsidian shall be determined. Technical analyses of plant remains, bone and shell dietary debris, and other important materials shall also be performed.
 Artifacts, features, and other materials recovered through this process shall be described, illustrated, and analyzed fully in a technical report of findings; the analysis shall include comparative research with other sites of similar age. In addition to the technical report, the findings from this research shall be published in an appropriate Controlled grading shall occur prior to other
earthwork, grading, and ground disturbing
activities in Phase 5. Phase 5 grading plans
shall reflect controlled grading methods
within the plan notes. Technical analysis and
reporting shall be completed within 18
months following completion of controlled
grading.

The City shall ensure the
grading plans for Phase 5
development reflect a
controlled grading approach.

The Project archaeologist and
Native American monitor shall
ensure compliance during
construction.

Compliance Status:

Field verification required as
needed; coordinate with
monitor.

MITIGATION MONITORING AND REPORTING PROGRAM
20 Avila Ranch Development Project
Mitigation Measure Plan Requirements & Timing Monitoring/Compliance scientific journal. The Applicant shall fund all technical reporting and subsequent publication.

MM CR-2b. Following completion of controlled grading of CA-SLO-2798/H, the Applicant shall retain a Registered Professional Archaeologist and a Native American consultant to monitor all further earth disturbances within Phase 5 to ensure that previously unidentified buried archaeological deposits are not inadvertently exposed and damaged. In the event archaeological remains are encountered during grading or other earth disturbance, work in the vicinity shall be stopped immediately and redirected to another location until the Project archaeologist evaluates the significance of the find pursuant to City Archaeological Resource Preservation Program Guidelines. If remains are found to be significant, they shall be subject to a Phase 3 mitigation program consistent with City Guidelines and funded by the Applicant.

The conditions for monitoring and treatment
of discoveries shall be printed on all building
and grading plans. Prior to issuance of
building and grading permits for Phase 5 of
the Project, the Applicant shall submit to the
City a contract or Letter of Commitment with
the Registered Professional Archaeologist.

The City shall review and approve the
selected archaeologist to ensure they meet
appropriate professional qualification
standards.

City permit compliance staff
shall confirm monitoring by
archaeologist and tribal
representative and City grading
inspectors shall spot check field
work. The Native American
monitor and/or Project
archaeologist shall ensure
actions are consistent with
mitigation measure and
implemented in the event of
any inadvertent discovery.

MM CR-3a. Prior to the issuance of building and grading permits for Phase 1, the Applicant shall retain a City-approved Registered Professional Archaeologist and a Native American monitor to be present during all ground disturbing activities within the Project site and Buckley Road Extension site. In the event of any inadvertent discovery of prehistoric or historic-period archaeological resources during construction, all work within 50 feet of the discovery shall immediately cease (or greater or lesser distance as needed to protect the discovery and determined in the field by the Project archaeologist). The Applicant shall immediately notify the City of San Luis Obispo Community Development Department. The Project archaeologist shall evaluate the significance of the discovery pursuant to City Archaeological Resource Preservation Program Guidelines prior to resuming any activities that could impact the site/discovery. If the Project archaeologist determines that the find may qualify for listing in the CRHR, the site shall be avoided or shall be subject to a Phase 3 mitigation program consistent with City Guidelines and funded by the Applicant. Work shall not resume until authorization is received from the City.

The conditions for monitoring and treatment
of discoveries shall be printed on all building
and grading plans. Prior to issuance of
building and grading permits for each Phase
of the Project, the Applicant shall submit to
the City a contract or Letter of Commitment
with the Registered Professional
Archaeologist. The City shall review and
approve the selected archaeologist to ensure
they meet appropriate professional
qualification standards.

City permit compliance staff
shall confirm monitoring by
archaeologist and tribal
representative and City grading
inspectors shall spot check field
work. The Native American
monitor and/or Project
archaeologist shall ensure
actions are consistent with
mitigation measure and
implemented in the event of
any inadvertent discovery.

Compliance Status:

Field verification required as
needed; coordinate with
monitor.

MM CR-3b. Prior to construction, workers shall receive education regarding the recognition of possible buried cultural remains and protection of all cultural resources, including prehistoric and historic resources, during construction. Such training shall provide construction personnel with direction regarding the procedures to be followed in the unlikely event that previously unidentified archaeological materials, including Native American burials, are discovered during construction. Training would also inform construction personnel that exclusion zones must be avoided and that unauthorized collection or disturbance of artifacts or other cultural materials is not allowed. The training shall be Prior to earthwork activities for each phase,
construction workers shall participate in an
educational program that will enable them to
recognize and report possible buried cultural
remains and protect all cultural resources,
including prehistoric and historic resources.

The educational program shall be outlined
within the archaeological testing and
The Project archaeologist shall
verify the training has been
completed by all construction
workers and shall ensure
construction workers follow
cultural resource recovery
protocols.

MITIGATION MONITORING AND REPORTING PROGRAM
Avila Ranch Development Project
21 Mitigation Measure Plan Requirements & Timing Monitoring/Compliance prepared by the Project archaeologist and shall provide a description of the cultural resources that may be encountered in the Project site, outline steps to follow in the event that a discovery is made, and provide contact information for the Project archaeologist, Native American monitor, and appropriate City personnel. The training shall be conducted concurrent with other environmental or safety awareness and education programs for the Project, provided that the program elements pertaining to archaeological resources is provided by a qualified instructor meeting applicable professional qualifications standards. mitigation program and submitted to the City
for approval prior to issuance of grading
permits for each phase.

Compliance Status:

Ongoing
Geological Resources
MM GEO-1. Design and construction of the buildings, roadway infrastructure and all subgrades shall be engineered to withstand the expected ground acceleration that may occur at the Project site. The design shall take into consideration the soil type, potential for liquefaction, and the most current and applicable seismic attenuation methods that are available. All onsite structures shall comply with applicable provisions of the 2010 California Building Code (CBC), local codes, and the most recent California Department of Transportation seismic design standards.

The final recommendations shall be
approved by the City Geotechnical Engineer
prior to construction activities.

Recommendations shall be included on
grading plans.

The Applicant shall retain a
geotechnical engineer and an
engineering geologist to make
recommendations and to
inspect and verify field
conditions prior to and during
the implementation of critical
Project components (e.g., site
preparation, grading, and
construction of foundation
slabs). The Applicant-retained
geotechnical engineer and
engineering geologist shall also
inspect the site prior to the final
site inspection by the City
building inspectors.

Compliance Status:

City staff reviews for
compliance as needed.

MM GEO-2. For commercial retail stores included in the Project, goods for sale may be stacked no higher than 8 feet from the floor in any area where customers are present, unless provisions are made to prevent the goods from falling during an earthquake of up to 7.5 magnitude. The stacking or restraint methods shall be reviewed and approved by the City before approval of occupancy permits, and shall be a standing condition of occupancy.

Applicant shall indicated this measure on
Project plans.

City building inspectors shall
ensure compliance.

Compliance Status:

TBD; later phase.

MM GEO-3. A geotechnical study shall be prepared for the Project site prior to site development. This report shall include an analysis of the liquefaction potential of the underlying materials according to the most current liquefaction analysis procedures. If the Project site is confirmed to be in an area prone to seismically-induced liquefaction, appropriate techniques to minimize liquefaction potential shall be prescribed and The final recommendations shall be
approved by the City Geotechnical Engineer
prior to construction activities.

Recommendations shall be included on
grading plans.

The Applicant shall retain a
geotechnical engineer and an
engineering geologist to make
recommendations and to
inspect and verify field

MITIGATION MONITORING AND REPORTING PROGRAM
22 Avila Ranch Development Project
Mitigation Measure Plan Requirements & Timing Monitoring/Compliance implemented. All onsite structures, transportation infrastructure, and subgrades shall comply with applicable methods of State and Local Building Codes and all transportation infrastructure shall comply with the most current California Department of Transportation design standards. Suitable measures to reduce liquefaction impacts could include one or more of the following techniques, as determined by a registered geotechnical engineer:
• Specialized design of foundations by a structural engineer; • Removal or treatment of liquefiable soils to reduce the potential for liquefaction; • Drainage to lower the groundwater table to below the level of liquefiable soil; • In-situ densification of soils or other alterations to the ground characteristics; or • Other alterations to the ground characteristics.
conditions prior to and during
the implementation of critical
Project components (e.g., site
preparation, grading, and
construction of foundation
slabs). The Applicant-retained
geotechnical engineer and
engineering geologist shall also
inspect the site prior to the final
site inspection by the City
building inspectors.

Compliance Status:

Following Jan 2019 Geotech
Plan. City staff reviews for
compliance as needed.

MM GEO-4. The Site Geotechnical Investigation shall include an evaluation of the potential for soil settlement beneath the Project site. If the Project site is identified to be in a high potential for settlement zone based on the Site Geotechnical Investigation, the building foundations, transportation infrastructure, and subgrades shall be designed by a structural engineer to withstand the existing conditions, or the site shall be graded in such a manner as to address the conditions. Suitable measures to reduce settlement impacts could include one or more of the following techniques, as determined by a qualified geotechnical engineer:
• Excavation and recompaction of onsite or imported soils; • Treatment of existing soils by mixing a chemical grout into the soils prior to recompaction; or
Foundation design that can accommodate certain amounts of differential settlement such as post tensional slab and/or ribbed foundations designed in accordance with the CBC.

The final recommendations shall be
approved by the City Geotechnical Engineer
prior to construction activities.

Recommendations shall be included on
grading plans.

The Applicant shall retain a
geotechnical engineer and an
engineering geologist to make
recommendations and to
inspect and verify field
conditions prior to and during
the implementation of critical
Project components (e.g., site
preparation, grading, and
construction of foundation
slabs). The Applicant-retained
geotechnical engineer and
engineering geologist shall also
inspect the site prior to the final
site inspection by the City
building inspectors.

Compliance Status:

Following Jan 2019 Geotech
Plan. City staff reviews for
compliance as needed.

MM GEO-5. The Site Geotechnical Investigation shall include an evaluation of the potential for soil expansion beneath the Project site. If the Project site is identified to be in a high expansive soil zone based on the Site Geotechnical Investigation, the foundations and transportation infrastructure shall be designed by a structural engineer to withstand the The final recommendations shall be
approved by the City Geotechnical Engineer
prior to construction activities.

The Applicant shall retain a
geotechnical engineer and an
engineering geologist to make
recommendations and to

MITIGATION MONITORING AND REPORTING PROGRAM
Avila Ranch Development Project
23 Mitigation Measure Plan Requirements & Timing Monitoring/Compliance existing conditions, or the site shall be graded in such a manner as to address the conditions.

Suitable measures to reduce impacts from expansive soils could include one or more of the following techniques, as determined by a qualified geotechnical engineer:
• Excavation of existing soils and importation of non-expansive soils; and Foundation design to accommodate certain amounts of differential expansion such as post tensional slab and/or ribbed foundations designed in accordance with the CBC.

Recommendations shall be included on
grading plans.
inspect and verify field
conditions prior to and during
the implementation of critical
Project components (e.g., site
preparation, grading, and
construction of foundation
slabs). The Applicant-retained
geotechnical engineer and
engineering geologist shall also
inspect the site prior to the final
site inspection by the City
building inspectors.

Compliance Status:

Following Jan 2019 Geotech
Plan. City staff reviews for
compliance as needed.

MM GEO-6. The Site Geotechnical Investigation shall include soil parameter analyses to determine the potential for subsidence at the Project site. If the potential for subsidence is found to be significant, then structural and grading engineering measures shall be implemented to incorporate the results of the geotechnical study. These measures would be similar to those recommended to mitigate impacts to soil settlement.

The Applicant shall retain a
geotechnical engineer and an
engineering geologist to make
recommendations and to
inspect and verify field
conditions prior to and during
the implementation of critical
Project components (e.g., site
preparation, grading, and
construction of foundation
slabs). The Applicant-retained
geotechnical engineer and
engineering geologist shall also
inspect the site prior to the final
site inspection by the City
building inspectors.

Compliance Status:

Following Jan 2019 Geotech
Plan. City staff reviews for
compliance as needed.

MITIGATION MONITORING AND REPORTING PROGRAM
24 Avila Ranch Development Project
Mitigation Measure Plan Requirements & Timing Monitoring/Compliance MM GEO-7. During drought periods, groundwater pumping limitations for the unconsolidated aquifer underlying the Project site shall be assessed and implemented to prevent soil subsidence.

The Applicant shall provide annual
groundwater pumpage and monitoring
reports to the City Public Works Department
for the onsite groundwater well.

The City Public Works
Department shall ensure
compliance and implement
limitations on groundwater
pumping during drought years.

Compliance Status:

Field verify as needed.

Hazards and Hazardous Materials
MM HAZ-1. Prior to earthwork and demolition activities, a site-specific Health and Safety Plan shall be developed per California Occupational Safety and Health Administration (Cal/OSHA) requirements. The Health and Safety Plan shall include appropriate best management practices (BMPs) related to the treatment, handling, and disposal of NOA and ACMs. A NOA Construction and Grading Project Form shall be submitted to the APCD prior to grading activities. All construction employees that have the potential to come into contact with contaminated building materials and soil/bedrock shall be briefed on the safety plan, including required proper training and use of personal protective equipment. During earthwork and demolition activities, procedures shall be followed to eliminate or minimize construction worker or general public exposure to heavy hydrocarbons and other potential contaminants in soil and groundwater, and potential ACMs within potential demolished materials. Procedures shall include efforts to control fugitive dust, contain and cover excavation debris piles, appropriate laboratory analysis of soil for waste characterization, segregation of contaminated soil from uncontaminated soil, and demolished materials. The applicable regulations associated with excavation, removal, transportation, and disposal of contaminated soil shall be followed (e.g., tarping of trucks and waste manifesting).

The Applicant shall submit the Site-specific
Health and Safety Plan to the City prior to
issuance of grading and building permits,
and/or demolition permits. Applicant shall
conduct necessary construction employee
training prior to construction initiation.

The City and County shall
ensure compliance. An
Environmental Monitor shall be
made available to monitor
environmental compliance of
the construction activities. The
City and County shall also
inspect the Project site during
construction to ensure
compliance with required plans.

Compliance Status:

Following July 2020 Health
and Safety Plan. Ongoing.

Hydrology and Water Quality
MM HYD-1a. Prior to the issuance of any construction/grading permit and/or the commencement of any clearing, grading, or excavation, the Applicant shall submit a Notice of Intent (NOI) for discharge from the Project site to the California SWRCB Storm Water Permit Unit.

Prior to issuance of grading permits for
Phase 1 the Applicant shall submit a copy of
the NOI to the City.

The City shall review noticing
documentation prior to
approval of the grading permit.

City monitoring staff will
inspect the site during
construction for compliance.

Compliance Status:

WDID for Phase 1 completed;
WDID for Phases 2-6 pending.

Ongoing.

MITIGATION MONITORING AND REPORTING PROGRAM
Avila Ranch Development Project
25 Mitigation Measure Plan Requirements & Timing Monitoring/Compliance MM HYD-1b. The Applicant shall require the building contractor to prepare and submit a Storm Water Pollution Prevention Plan (SWPPP) to the City 45 days prior to the start of work for approval. The contractor is responsible for understanding the State General Permit and instituting the SWPPP during construction. A SWPPP for site construction shall be developed prior to the initiation of grading and implemented for all construction activity on the Project site in excess of one (1) acre, or where the area of disturbance is less than one acre but is part of the Project’s plan of development that in total disturbs one or more acres.

The SWPPP shall identify potential pollutant sources that may affect the quality of discharges to storm water, and shall include specific BMPs to control the discharge of material from the site. The following BMP methods shall include, but would not be limited to:

Temporary detention basins, straw bales, sand bagging, mulching, erosion control blankets, silt fencing, and soil stabilizers shall be used.

Soil stockpiles and graded slopes shall be covered after 14 days of inactivity and 24 hours prior to and during inclement weather conditions.

Fiber rolls shall be placed along the top of exposed slopes and at the toes of graded areas to reduce surface soil movement, as necessary.

A routine monitoring plan shall be implemented to ensure success of all onsite erosion and sedimentation control measures.

Dust control measures shall be implemented to ensure success of all onsite activities to control fugitive dust.

Streets surrounding the Project site shall be cleaned daily or as necessary.

BMPs shall be strictly followed to prevent spills and discharges of pollutants onsite (material and container storage, proper trash disposal, construction entrances, etc.).

Sandbags, or other equivalent techniques, shall be utilized along graded areas to prevent siltation transport to the surrounding areas.

Additional BMPs shall be implemented for any fuel storage or fuel handling that could occur onsite during construction. The SWPPP must be prepared in accordance with the guidelines adopted by the SWRCB. The SWPPP shall be submitted to the City along with grading/development plans for review and approval. The Applicant shall file a Notice of Completion for construction of the development, identifying that pollution sources were controlled during the construction of the Project and implementing a closure SWPPP for the site
The Applicant shall prepare a SWPPP that
includes the above and any additional
required BMPs. The SWPPP and notices
shall be submitted for review and approval
by the City prior to the issuance of grading
permits for Phase 1 construction. The
SWPPP shall be designed to address erosion
and sediment control during all phases of
development of the site until all disturbed
areas are permanently stabilized.

City monitoring staff shall
periodically inspect the during
grading to monitor runoff and
after conclusion of grading
activities. The Applicant shall
keep a copy of the SWPPP on
the Project site during grading
and construction activities.

Compliance Status:

Completed January 2018.

MM HYD-1c. Installation of the eight drainage outlets within Tank Farm Creek shall occur within the dry season (May through October).

The Applicant shall demonstrate compliance
within grading and construction plans subject
to City review and approval prior to issuance
of grading permits for each Project phase.

The City shall review grading
and construction plans for all
phases to ensure compliance.

City grading monitors shall
spot check for compliance.

MITIGATION MONITORING AND REPORTING PROGRAM
26 Avila Ranch Development Project
Mitigation Measure Plan Requirements & Timing Monitoring/Compliance Compliance Status:

WDID for Phase 1 completed;
WDID for Phases 2-6 pending.

Ongoing.

MM HYD-2a. The Applicant shall prepare and submit a Master Drainage Plan. The Master Drainage Plan shall address cumulative regional drainage and flooding impacts on the Project site, including construction and stream stability, and set forth measures to coordinate Project drainage with Chevron Tank Farm remediation and drainage improvements. The Master Drainage Plan shall be implemented pursuant to the City’s SWMP submitted by the City to the RWQCB under the NPDES Phase II program and pursuant to the programs developed under the City of San Luis Obispo General Plan and the City of San Luis Obispo Waterways Management Plan. The Master Drainage Plan shall meet the following requirements:
 Development of a Construction Drainage Plan that details the control and retention of runoff for each phase of construction, and clearly displays the location of bioretention facilities, their retention capacity and relationship to subsurface drainage culverts, alignment of creek and drainage channels for each phase.  Ensure that onsite detention facilities, particularly the pocket park/bioswale, are designed to safely retain flood flows using either gently sloping exterior slopes (e.g., 4:1) or provide safety fencing around perimeters, consistent with applicable City standards.
 Characterization of drainage from the East-West Channel and conveyance of flows after removal of this channel.
 Demonstrate peak flows and runoff for each phase of construction.  Be coordinated with habitat restoration efforts, including measures to minimize removal of riparian and wetland habitats, contouring of creek invert to create pools and removal of trash or debris as appropriate.
 Location and extent of vegetated Swales designed to reduce sediment and particulate forms of metals and other pollutants along corridors of planted grasses or native vegetation.
 Location and extent of vegetated Filter Strips, 15-foot wide vegetated buffer strips that also reduce sediment and particulate forms of metals and nutrients.  The use, location and capacity of Hydrodynamic Separation Products to reduce suspended solids greater than 240 microns, trash and hydrocarbons. These hydrodynamic separators must be sized to handle peak flows from the Project site consistent with applicable regulatory standards.

The Master Drainage Plan shall be submitted
to the City Public Works Director and City
Natural Resources prior to final
Development Plan approval and recordation
of the final VTM. The Construction Drainage
Plan shall be updated by the Applicant and
resubmitted to the City prior to the issuance
of grading permits for each Project phase.

The City shall review the
Master Drainage Plan. The
Environmental Monitor shall
confirm installation of all
drainage, retention, and
treatment facilities and monitor
effectiveness during and poststorm events. The
Environmental Monitor shall
prepare a brief report for
submittal to the City with
regarding effectiveness of
detention and treatment
facilities for each Phase after
completion and recommended
corrective actions (if required).

Compliance Status:

Following Sept 2018 Phase 1
Drainage Report; field verify as
needed.

MM HYD-2b. The removal of North-South Creek Segment and East-West Channel and realigning the 850-foot segment of Tank Farm Creek shall not be completed until after Chevron Tank Farm property remediation has been completed and only after the existing The Master Drainage Plan shall set forth
measures to coordinate Project drainage with
Chevron Tank Farm remediation and
The City shall confirm that
Chevron Tank Farm property
remediation is completed and

MITIGATION MONITORING AND REPORTING PROGRAM
Avila Ranch Development Project
27 Mitigation Measure Plan Requirements & Timing Monitoring/Compliance Tank Farm Creek headwall is decommissioned and a detention pond is created that would lead to the proposed Tank Farm Creek headwall at the northern boundary of the Project site.

The Applicant shall complete these realignments and alteration in coordination with the Chevron Tank Farm property remediation.
drainage improvements, and shall be
submitted to the City Public Works Director
and City Natural Resources Manager for
approval prior to issuance of grading permits
for Phase 3. This measure does not apply to
the MPA.
review the Master Drainage
Plan, grading and construction
plans for compliance.

MM HYD-2c. Offsite drainage from the east that currently flows into the East-West Channel shall be routed into surface detention and treatment facilities and then into subsurface drainage facilities to connect to the proposed drainage outlets into Tank Farm Creek onsite.

The Applicant shall include these plans in the VTM, Utilities Plan, Construction Drainage Plan, and Master Drainage Plan.

The Applicant shall demonstrate compliance
with measure on the VTM, Utilities Plan, and
Master Drainage Plan, which shall be
submitted to the City prior to final
Development Plan approval and recordation
of the final VTM. Construction Drainage
Plan shall be updated by the Applicant and
resubmitted to the City prior to the onset of
development for each phase. This measure
does not apply to the MPA.

The City shall review and
approve plans prior to
Development Plan approval.

MM HYD-3a. The Applicant shall prepare a Master Drainage Plan which shall consider cumulative regional drainage and flooding impacts of the Project, and shall be submitted to the City Public Works Director for approval and shall meet the following requirements:
 There shall be no significant net increase in upstream or downstream floodwater surface elevations for the 100-year floodplain as a result of changes in floodplain configuration and building construction. A significant threshold of a 2.5-inch increase in floodwater surface elevations or 0.3 feet per second increase in stream velocities shall be used. This shall be demonstrated to the satisfaction of the City Engineer or County Public Works Director based on an Applicant furnished hydraulic analysis.  There shall be no significant net decrease in floodplain storage volume as a result of a new development or redevelopment projects. This can be achieved by a zero-net fill grading plan, which balances all fill placed on the 100-year floodplain with cut taken from other portions of the floodplain within the Project site of the application, or with cut exported offsite. Specifically, all fill placed in a floodplain shall be balanced with an equal amount of soil material removal (cut) and shall not decrease floodplain storage capacity at any stage of a flood (2, 10, 50, or 100-year event).  A net increase in fill in any floodplain is allowed only when all the conditions listed in the Managed Fill Criteria of the DDM are also met.

The Applicant shall demonstrate compliance
on the Master Drainage Plan and shall be
submitted for review and approval by the
City Public Works Director prior to final
Development Plan approval and recordation
of the final VTM.

The City shall review and
approve the Master Drainage
Plan. The Environmental
Monitor shall review field
compliance and report any
flooding and drainage issues to
the City over the 10-year
Project construction period.

Compliance Status:

Following Sept 2018 Phase 1
Drainage Report; field verify as
needed.

MM HYD-3b. All bridges, culverts, outfalls, and modifications to the existing creek channels must be designed and constructed in compliance with the City’s Drainage Design Manual and approved by the City Engineer, USACE, CDFW, and Central Coast RWQCB, and must meet city standards and policies.

The Applicant shall prepare the Master
Drainage Plan, VTM, and Utilities Plan,
demonstrating compliance with mitigation,
which shall be submitted for review to
USACE, CDFW, and Central Coast RWQCB
The City, USACE, CDFW, and
Central Coast RWQCB shall
check for compliance on plans.

The Environmental Monitor
shall review field compliance
and report issues associated

MITIGATION MONITORING AND REPORTING PROGRAM
28 Avila Ranch Development Project
Mitigation Measure Plan Requirements & Timing Monitoring/Compliance before approval by the City prior to final
Development Plan approval and recordation
of the final VTM.
with construction of drainage
improvements to the City over
the 10-year Project construction
period.

Compliance Status:

City verifying as needed
through review of improvement
plans.

MM HYD-4a. A site-specific, geotechnical investigation shall be completed in areas proposed for HDD. Preliminary geotechnical borings shall be drilled to verify that the proposed depth of HDD is appropriate to avoid frac-outs (i.e., the depth of finest grained sediments and least fractures) and to determine appropriate HDD methods (i.e., appropriate drilling mud mixtures for specific types of sediments). The investigation shall include results from at least three borings, a geologic cross section, a discussion of drilling conditions, and a history and recommendations to prevent frac-outs.

Geotechnical investigations shall be made,
and a report of findings submitted to the City
for approval. Findings shall be incorporated
into the final Utilities Plan prior to approval
of the final Development Plan and
recordation of the final VTM.

The City shall review the
findings of the geotechnical
investigations and final Utilities
Plan.

Compliance Status:

City verifying as needed
through review of improvement
plans.

MM HYD-4b. A Frac-out Contingency Plan shall be completed and shall include measures for training, monitoring, worst case scenario evaluation, equipment and materials, agency notification and prevention, containment, clean up, and disposal of released drilling muds.

Preventative measures would include incorporation of the recommendations of the geotechnical investigation to determine the most appropriate HDD depth and drilling mud mixture. In accordance with the RWQCB, HDD operations shall occur for non-perennial streams such as Tank Farm Creek only when the stream is dry, and only during daylight hours. In addition, drilling pressures shall be closely monitored so that they do not exceed those needed to penetrate the formation. Monitoring by a minimum of two City-approved monitors (located both upstream and downstream, who will move enough to monitor the entire area of operations) shall occur throughout drilling operations to ensure swift response in the event of a frac-out, while containment shall be accomplished through construction of temporary berms/dikes and use of silt fences, straw bales, absorbent pads, straw wattles, and plastic sheeting. Clean up shall be accomplished with plastic pails, shovels, portable pumps, and vacuum trucks. The Frac-out Contingency Plan shall be submitted to the City, and the RWQCB shall review the plan.

The Applicant shall prepare a Frac-out
Contingency Plan and submit to the RWQCB
for review and the City for approval prior to
approval of the final Development Plan and
recordation of the final VTM.

Two City-approved monitors
shall be onsite during HDD
drilling activities to monitor
construction.

Compliance Status:

Frac-Out Plan Prepared April
2022; followed as needed.

MM HYD-5. A Development Maintenance Manual for the Project shall include detailed procedures for maintenance and operations of any storm water facilities to ensure long-term operation and maintenance of post-construction storm water controls. The maintenance manual shall require that storm water BMP devices be inspected, cleaned and maintained in accordance with the manufacturer’s maintenance specifications. The manual shall require that devices be cleaned prior to the onset of the rainy season (i.e., October 15th) and The Applicant shall prepare and update the
Development Maintenance Manual for each
phase of the Project. The City shall review
and approve prior to the issuance of the
certificate of occupancy for the first unit of
each phase.

The City shall review for
compliance.

Compliance Status:

MITIGATION MONITORING AND REPORTING PROGRAM
Avila Ranch Development Project
29 Mitigation Measure Plan Requirements & Timing Monitoring/Compliance immediately after the end of the rainy season (i.e., May 15th). The manual shall also require that all devices be checked after major storm events. The Development Maintenance Manual shall include the following:
 All loading docks and trash storage areas shall be setback a minimum of 150 feet from the top of the creek bank. No outdoor storage or larger trash receptacles shall be permitted within this setback area. All trash and outdoor storage areas shall be operated to reduce potential impacts to riparian areas;  Runoff shall be directed away from trash and loading dock areas;  Trash and loading dock areas shall be screened or walled to minimize offsite transport of trash;
 Bins shall be lined or otherwise constructed to reduce leaking of liquid wastes;  Trash and loading dock areas shall be paved;
 Impermeable berms, drop inlets, trench catch basin, or overflow containment structures around docks and trash areas shall be installed to minimize the potential for leaks, spills or wash down water to enter the drainage system and Tank Farm Creek; and,
 The developer or acceptable maintenance organization shall complete inspections of the site to ensure compliance with BMPs and water quality requirements on a semiannual basis (May 15 and October 15 of each year). A detailed summary report prepared by a licensed Civil Engineer shall be submitted to the City of San Luis Obispo Public Works Department. The requirements for inspection and report submittal shall be recorded against the property.

P1 Drainage Report (Sept
2018); Prelim Stormwater
O&M Plan PH2-6 (May 2022).

Noise
MM NO-1a. Except for emergency repair of public service utilities, or where an exception is issued by the Community Development Department, no operation of tools or equipment used in construction, drilling, repair, alteration, or demolition work shall occur daily between the hours of 7:00 PM and 7:00 AM, or any time on Sundays, holidays, or after sunset, such that the sound creates a noise disturbance that exceeds 75 dBA for single-family residential, 80 dBA for multi-family residential, and 85 dBA for mixed residential/commercial land uses, as shown in Table 3.9-8 and Table 3.9-9 of the FEIR, across a residential or commercial property line.

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

Permit compliance monitoring
staff shall perform periodic site
inspections to verify
compliance with activity
schedules and respond to
complaints.

Compliance Status:

Field verify as needed.

MM NO-1b. For all construction activity at the Project site, noise attenuation techniques shall be employed to ensure that noise levels are maintained within levels allowed by the City of San Luis Obispo Municipal Code, Title 9, Chapter 9.12 (Noise Control). Such techniques shall include:
 Sound blankets on noise-generating equipment.

The Applicant shall designate the equipment
area with acoustic shielding on building and
grading plans. Equipment and shielding shall
be installed prior to construction and
throughout construction activities.

Construction plans shall identify Best
City staff shall ensure
compliance throughout all
construction phases. Permit
compliance monitoring staff
shall perform periodic site

MITIGATION MONITORING AND REPORTING PROGRAM
30 Avila Ranch Development Project
Mitigation Measure Plan Requirements & Timing Monitoring/Compliance  Stationary construction equipment that generates noise levels above 65 dBA at the Project boundaries shall be shielded with a barrier that meets a sound transmission class (a rating of how well noise barriers attenuate sound) of 25.  All diesel equipment shall be operated with closed engine doors and shall be equipped with factory-recommended mufflers.
 The movement of construction-related vehicles, with the exception of passenger vehicles, along roadways adjacent to sensitive receptors shall be limited to the hours between 7:00 AM and 7:00 PM, Monday through Saturday. No movement of heavy equipment shall occur on Sundays or official holidays (e.g., Thanksgiving, Labor Day).  Temporary sound barriers shall be constructed between construction sites and affected uses.

Management Practices (BMPs) and be
submitted to the City prior to grading and
building permit issuance for each Project
Phase. BMP’s shall be conveyed to
construction workers prior to commencement
of construction.
inspections to verify
compliance with activity
schedules.

Compliance Status:

Ongoing. Field verify as
needed.

MM NO-1c. The contractor shall inform residents and business operators at properties within 300 feet of the Project site of proposed construction timelines and noise complaint procedures to minimize potential annoyance related to construction noise. Noise-related complaints shall be directed to the City’s Community Development Department.

Applicant shall provide and post signs stating
these restrictions at construction site entries.

Signs shall be posted prior to commencement
of construction and maintained throughout
construction. Schedule and mailing list shall
be submitted 10 days prior to initiation of
any earth movement.

City staff shall ensure
compliance throughout all
construction phases. Permit
compliance monitoring staff
shall perform periodic site
inspections to verify
compliance with activity
schedules and respond to
complaints.

Compliance Status:

Field verify as needed.

MM NO-3a. R-1 and R-2 residential units planned in the area of the Project site within 300 feet of Buckley Road and R-4 units in the northwest corner of the Project site shall include noise mitigation for any potential indoor space and outdoor activity areas that are confirmed to be above 60 dBA as indicated in the Project’s Sound Level Assessment. The following shall be implemented for residential units with noise levels exceeding 60 dBA:
 Outdoor Activity Area Noise Mitigation. Where exterior sound levels exceed CNEL = 60 dBA, noise reduction measures shall be implemented, including but not limited to:
 Exterior living spaces of residential units such as yards and patios shall be oriented away from Project boundaries that are adjacent to noise-producing uses that exceed exterior noise levels of CNEL = 60 dBA, such as roadways and industrial/commercial activities.
 Construction of additional sound barriers/berms with noise-reducing features for affected residences.
 Exterior Glazing. Exterior window glazing for residential units exposed to potential noise above Ldn=60 dBA shall achieve a minimum Outdoor-Indoor Transmission Class The Applicant shall demonstrate compliance
with mitigation on Project engineering and
architectural plans for residential areas
within Phase 1 and Phase 5 of development
prior to the issuance of grading and building
permits for Phases 1 and 5.

City staff shall ensure
compliance with required site
design and noise reduction
measures on final Project
engineering and architectural
plans prior to the issuance of
Phase 1 and Phase 5 grading
and building permits.

Compliance Status:

Verified through building plan
approvals.

MITIGATION MONITORING AND REPORTING PROGRAM
Avila Ranch Development Project
31 Mitigation Measure Plan Requirements & Timing Monitoring/Compliance (OITC) 24 / Sound Transmission Class (STC) 30. Glazing systems with dissimilar thickness panes shall be used.
 Exterior Doors Facing Noise Source. According to Section 1207.7 of the California Building Code, residential unit entry doors from interior spaces shall have a combined STC 28 rating for any door and frame assemblies. Any balcony and ground floor entry doors located at bedrooms shall have an STC 30 rating. Balconies shall be oriented away from the northwest property line.
 Exterior Walls. Construction of exterior walls shall consist of a stucco or engineered building skin system over sheathing, with 4-inch to 6-inch deep metal or wood studs, fiberglass batt insulation in the stud cavity, and one or two layers of 5/8-inch gypsum board on the interior face of the wall. If possible, electrical outlets shall not be installed in exterior walls exposed to noise. If not possible, outlet box pads shall be applied to all electrical boxes and sealed with non-hardening acoustical sealant.  Supplemental Ventilation. According to the California Building Code, supplemental ventilation adhering to OITC/STC recommendations shall be provided for residential units with habitable spaces facing noise levels exceeding Ldn=60 dBA, so that the opening of windows is not necessary to meet ventilation requirements. Supplemental ventilation can also be provided by passive or by fan-powered, ducted air inlets that extend from the building’s rooftop into the units. If installed, ducted air inlets shall be acoustically lined through the top-most 6 feet in length and incorporate one or more 90-degree bends between openings, so as not to compromise the noise insulating performance of the residential unit’s exterior envelope.  Sound Walls. Sound walls shall be built on the north and east property lines of the Project in Phase 3 that adjoin Suburban Road. The barrier shall consist of mortared masonry. Further, proposed carports with solar canopies shall be installed around the western and northern perimeter of the R-4 units, and these units shall be setback a minimum of 100 feet from the property line.
 Landscaping. Landscaping along the north and east Project site boundaries that adjoin Suburban Road shall include a line of closely space trees and shrubs with sufficient vegetative density to help reduce sound transmission.

MM NO-3b. Buckley Road widening improvements shall include the use of rubberized asphalts or alternative paving technology to reduce noise levels for sensitive receptors near the roadway.

Applicant shall demonstrate compliance with
mitigation on Project engineering and
architectural plans for development prior to
construction of the roadway. Plans shall be
subject to review and approval by County
Public Works staff to ensure feasibility and
consistency with established design
standards for County roads.

City staff shall ensure
compliance on Project
engineering and architectural
plans prior to construction of
the Buckley Road Extension.

Compliance Status:

MITIGATION MONITORING AND REPORTING PROGRAM
32 Avila Ranch Development Project
Mitigation Measure Plan Requirements & Timing Monitoring/Compliance PW to verify Buckley Road
Widening Plan provisions
through PIP approvals.

Public Services
MM PS-1. The Applicant shall prepare and implement a brief Security Plan for the Project site. The Security Plan shall be prepared in consultation with the SLOPD and address public safety concerns in common or public spaces, parks, bike paths and open space areas, the commercial center, and parking lots. The Security Plan shall set forth lighting requirements, security recommendations for parks, open space and trails (e.g., visibility, lighting, etc.), and establish rules for use of the public areas.

The Security Plan shall incorporate and
address all required and recommended
SLOPD security measures and shall be
subject to review and approval by the
SLOPD. Review and approval of the
Security Plan may occur prior to or
subsequent to acceptance of the final
Development Plan recordation of the final
VTM. The Applicant shall demonstrate
incorporation of SLOPD recommended
security measures into the Development Plan
prior to the issuance of grading and
construction permits for each phase.

The City and SLOPD shall
review the final Development
Plan, Security Plan, and
construction plans for each
Project phase to ensure
implementation of
recommendations.

Compliance Status:

City to verify status of Security
Plan submitted in June 2021.

MM PS-2. Fair Share Contribution. The Applicant shall agree to pay a fair share contribution to a future citywide or area-wide fire protection service protection development impact fee program. Additionally, the AASP should be amended to include a fee program to fund the City’s fifth fire station and/or integrate such fair share fee programs into the proposed Community Facilities District (CFD).

The City shall review and approve a fee
program within the AASP or as part of the
CFD to fund the new SLOFD fifth fire
station and staffing. The Applicant shall pay
development impact fees prior to recordation
of the final VTM or enter into a binding
written agreement with the City to pay a fee
appropriate to the amount and size of Project
development based upon the amounts set
forth in the new fire protection development
impact fee program.

The City shall ensure full
payment of development
impact fees and/or formation of
the CFD.

Compliance Status:

See DA; City to verify
compliance with fire protection
planning.

Transportation and Traffic
MM TRANS-1. The Applicant shall prepare a Construction Transportation Management Plan for all phases of the proposed Project for review and approval by the City prior to issuance of grading or building permits to address and manage traffic during construction.

The Plan shall be designed to:
 Prevent traffic impacts on the surrounding roadway network;  Restrict construction staging to within the Project site;  Minimize parking impacts both to public parking and access to private parking to the greatest extent practicable;
 Ensure safety for both those construction vehicles and works and the surrounding community; and
The Applicant shall submit the Construction
Transportation Management Plan to the City
for review and approval prior to issuance of
grading or building permits. The
Construction Transportation Management
Plan shall be updated as needed to reflect
changing conditions over the Project’s 10-
year construction schedule. The Applicant
shall conduct necessary construction
employee training prior to the
commencement of construction. The City
The City shall ensure
compliance with the
Construction Transportation
Management Plan with periodic
inspections of the Project site
during construction.

Complaints related to
construction traffic at the site
shall be directed to the City
Public Works Department.

MITIGATION MONITORING AND REPORTING PROGRAM
Avila Ranch Development Project
33 Mitigation Measure Plan Requirements & Timing Monitoring/Compliance  Prevent substantial truck traffic through residential neighborhoods.

The Construction Transportation Management Plan shall be subject to review and approval by the Public Works Director to ensure that the Plan has been designed in accordance with this mitigation measure. This review shall occur prior to issuance of grading or building permits. It shall, at a minimum, include the following:

Ongoing Requirements throughout the Duration of Construction:
 A detailed Construction Transportation Management Plan for work zones shall be maintained. At a minimum, this shall include parking and travel lane configurations; warning, regulatory, guide, and directional signage; and area sidewalks, bicycle lanes, and parking lanes. The Plan shall include specific information regarding the Project’s construction activities that may disrupt normal pedestrian and traffic flow and the measures to address these disruptions. Such Plan shall be reviewed and approved by the Community Development Department and implemented in accordance with this approval.
 Work within the public right-of-way shall be reviewed and approved by the City on a case by case basis based on the magnitude and type of construction activity. Generally work shall be performed between 8:30 AM and 4:00 PM. This work includes dirt hauling and construction material delivery. Work within the public right-of-way outside of these hours shall only be allowed after the issuance of an after-hours construction permit administered by the Building and Safety Division. Additionally restrictions may be put in place by Public Works Department depending on particular construction activities and conditions.
 Streets and equipment shall be cleaned in accordance with established Public Works requirements.
 Trucks shall only travel on a City-approved construction route. Limited queuing may occur on the construction site itself.
 Materials and equipment shall be minimally visible to the public; the preferred location for materials is to be onsite, with a minimum amount of materials within a work area in the public right-of-way, subject to a current Use of Public Property Permit.
 Provision of off-street parking for construction workers, which may include the use of a remote location with shuttle transport to the site, if determined necessary by the City.  Project Coordination Elements That Shall Be Implemented Prior to Commencement of Construction:
 The traveling public shall be advised of impending construction activities that may substantially affect key roadways or other facilities (e.g., information signs, portable message signs, media listing/notification, and implementation of an approved Construction Impact Mitigation Plan).

Public Works Department, Community
Development Department, Police
Department, and Fire Department, and
nearby residences and businesses shall be
notified of the construction schedule prior to
initiation of construction. The Applicant
shall submit individual traffic control plans
and part of encroachment permits for work
within the public right-of-way.

Compliance Status:

Phase 1 CTMP completed;
Ongoing with each phase after
that.

MITIGATION MONITORING AND REPORTING PROGRAM
34 Avila Ranch Development Project
Mitigation Measure Plan Requirements & Timing Monitoring/Compliance  A Use of Public Property Permit, Excavation Permit, Sewer Permit, or Oversize Load Permit, as well as any Caltrans permits required for any construction work requiring encroachment into public rights-of-way, detours, or any other work within the public right-of-way shall be obtained.
 Timely notification of construction schedules shall be provided to all affected agencies (e.g., Police Department, Fire Department, Public Works Department, and Community Development Department) and to all owners and residential and commercial tenants of property within a radius of ¼ mile.
 Construction work shall be coordinated with affected agencies in advance of start of work. Approvals may take up to two weeks per each submittal.

Public Works Department approval of any haul routes for construction materials and equipment deliveries shall be obtained
MM TRANS-2a. The Applicant shall create and submit a Transportation Improvement Phasing Plan to the City for review and approval, and shall ensure that construction of the Project follows the sequential phasing order utilized in the TIS for such improvements. The Plan shall address the timing and general design of all on and offsite transportation improvements.

The Applicant shall submit a final
Transportation Improvement Phasing Plan
for each final map development phase of the
Project for the City for review and approval
prior to recordation of the first final Vesting
Tract Map (VTM). The City shall review
grading and development plans and offsite
transportation improvements for each phase
prior approval of permits for each phase.

The City shall ensure that
construction per phase occurs
sequentially through periodic
construction monitoring.

Compliance Status:

Complete with Phase 1.

MM TRANS-2b. The Applicant shall defer installation of turn restrictions on Vachell Lane/South Higuera Street until the Buckley Road Extension is completed and operational under Phase 2. This measure shall be completed simultaneously with the removal measures of temporary closures discussed in MM TRANS-2c.

The Transportation Improvement Phasing
Plan shall include requirements for the turn
restriction to be installed following
completion of Buckley Road Extension. This
mitigation has been incorporated into the
MPA Project design.

The City shall verify that the
Applicant installs the turn
restriction upon completion of
the Buckley Road Extension.

The City shall confirm this
feature is incorporated within
Project plans.

MM TRANS-2c. As part of Phase 1 development, the Applicant shall initially restrict ingress and egress to only emergency vehicles, transit, bicycles, and pedestrians at the border of the Project site on Venture Drive and at the intersection of Vachell Lane and Earthwood Lane.

These measures shall be removed upon the completion of the Buckley Road Extension in Phase 2 and implemented concurrently with those measures required in MM TRANS-2b to allow full access into the subdivision.

The Applicant shall work with SLO Transit to establish an interim route in the Project vicinity during Phase 1. The Applicant shall install an interim turn-around location within the Project site or other measures as deemed appropriate by the City to accommodate this interim transit access due to required site access limitations noted above.

Prior to recordation of the VTM the
Applicant shall submit Public Improvement
Plans for review and approval by the City for
Phase 1 development that design and
incorporate restrictions at Venture Drive and
at the intersection of Vachell
Lane/Earthwood Lane. Construction of
circulation improvements shall be completed
and operational prior to occupancy of Phase
1 development but may also need to be
completed during construction periods if
vehicle intrusion is encountered. The interim
The City shall verify that the
Applicant installs the
circulation improvements that
would allow for interim transit
service prior to occupancy of
Phase 1 development, and
removes them upon completion
of Buckley Road Extension in
Phase 2. The City shall confirm
this feature is incorporated
within Project plans.

MITIGATION MONITORING AND REPORTING PROGRAM
Avila Ranch Development Project
35 Mitigation Measure Plan Requirements & Timing Monitoring/Compliance transit route and bus turn around location or
other measures acceptable by the City shall
be installed by the Applicant prior to
issuance of the occupancy permit for the first
residential unit of Phase 1 development. This
mitigation has been incorporated into the
MPA Project design.

MM TRANS-2d. To remain consistent with proposed bicycle facilities listed in the BTP, the Applicant shall design and construct Class II bicycle lanes that connect to the regional bicycle network along the entire stretch of Vachell Lane, between Buckley Road and South Higuera Street, as part of Phase 1. The City Public Works Department shall ensure improvements meet design standards.

Prior to recordation of the final VTM, the
Applicant shall submit public improvement
plans for review and approval by the City
(and as necessary, the County) to install
Class II bicycle facilities along Venture
Drive from Buckley Road to Higuera Street.

Construction of bicycle facilities shall be
completed and operational prior to issuance
of occupancy permits for the first residential
unit of Phase 1 development. This mitigation
has been incorporated into the MPA Project
design.

The City shall verify that the
Applicant installs the
improvements in accordance to
the approved design plans. The
City shall confirm this feature
is incorporated within Project
plans.

MM TRANS-2e. The Applicant shall design and construct the Jespersen Road/Horizon Lane connection as part of Phase 4 between Suburban Road and the Project boundary. The City Public Works Department shall ensure improvements meet safety design criteria.

Prior to recordation of the final VTM for
Phase 4, the Applicant shall submit a public
improvement plans for review and approval
by the City. Construction of roadway
connections to the Project site shall be
completed and open to travel no later than
the issuance of an occupancy permit for the
100th residential unit of Phase 4
development. This mitigation has been
incorporated into the MPA Project design.

The City shall verify that the
Applicant installs the
improvements in accordance to
the approved phase and design
plans. The City shall confirm
this feature is incorporated
within Project plans.

MM TRANS-2f. To remain consistent with the BTP and City policies, the Applicant shall design and construct all Buckley Road improvements along the Project frontage, from the Tank Farm Creek Bridge to the eastern site boundary, including but not limited to, the proposed Class I bicycle path, and Class II bicycle lanes on the Buckley Road frontage as part of Phase 4.

Prior to recordation of the final map for
Phase 4, the Applicant shall submit an
improvement plan for the Buckley frontage
Class II bicycle lanes and the Buckley Road
frontage Class I bicycle path for review and
approval by the City and as necessary, the
County. These bicycle lanes and the bicycle
path shall be completed prior to issuance of
the occupancy permit for the 50th unit of
Phase 4 development. This mitigation has
The City shall verify that the
Applicant installs the
improvements in accordance to
the approved design plans The
City shall confirm this feature
is incorporated within Project
plans.

MITIGATION MONITORING AND REPORTING PROGRAM
36 Avila Ranch Development Project
Mitigation Measure Plan Requirements & Timing Monitoring/Compliance been incorporated into the MPA Project
design.

MM TRANS-3a. Project roadway and driveway design shall be reviewed and approved by the City to ensure compliance with City engineering standards and not conflict with intersection functional areas (e.g., aligning driveways on opposite sides of the roadway, position driveways as far upstream from intersections as possible).

Prior to recordation of the final VTM the
Applicant shall submit a final roadway
design plan to the City for review and
approval that demonstrates compliance with
City roadway design standards and access
management requirements.

The City shall review Project,
development and grading plans
for each phase of the Project
The City shall conduct periodic
inspections of the Project site
during construction to ensure
compliance.

Compliance Status:

Complete with Phase 1.

MM TRANS-3b. The Applicant shall install traffic calming measures (e.g., speed bumps, pedestrian bulb-outs, etc.) to control speed levels along internal roadways of the Project site, including the extensions of Venture Drive, Horizon Lane, and Jespersen Road as required by Policy 8.1.3.

The Applicant shall submit public
improvement plans to the City for review and
approval prior to recordation of the final
VTM, to ensure roadway design meets City
standards and adequate traffic calming
features are installed to meet City
requirements.

The City shall review and
approve the final VTM and
public improvement plans to
ensure these plans are
consistent with City standards.

The City shall ensure
compliance with the design
plan with periodic inspections
of the Project site during
construction.

Compliance Status:

Satisfied through Phase 1. PIPs
for subsequent phases will be
reviewed for compliance.

MM TRANS-4. The Applicant shall prepare an improvement plan for Horizon Lane, Earthwood Lane, and Suburban Road, including roadway, bicycle, and pedestrian improvements. Improvements shall be constructed by the Applicant in coordination with the phasing plan required by MM TRANS-2a, to ensure the Applicant constructs all offsite roadway improvements in a timely manner consistent with Project phasing. The Project Applicant shall:
 Prepare a detailed improvement plan for Horizon Lane to bring this road into conformance with City standards for a commercial collector of width between 44 to 60 feet from Suburban Road to the Project boundary. This plan shall be developed in coordination with adjacent property owners and the City Public Works Department.

Horizon Lane shall not be connected to the Project site until such a plan has been completed and improvements are completed in accordance with the phasing plan, as The Applicant shall submit public
improvement plans for Horizon Lane,
Earthwood Lane, and Suburban Road, to the
City for review and approval prior to the
recordation of the final map for each
respective phase as required in the mitigation
measure. The plan shall be subject to review
and approval by the City with improvements
required to be completed to occupancy in
each phase.

The City shall ensure
compliance with the design
plan with periodic inspections
of the Project site during
construction.

Compliance Status:

Complete.

MITIGATION MONITORING AND REPORTING PROGRAM
Avila Ranch Development Project
37 Mitigation Measure Plan Requirements & Timing Monitoring/Compliance part of Phase 4. The section of Horizon Lane/Jespersen Road from the Project boundary to Buckley Road shall be designated as a residential collector with a width of roadway between 40 and 60 feet. Per MM TRANS-2e, construction of the Horizon Road from Suburban Road to Phase 4 of the Project shall be completed and open to travel prior to the issuance of any occupancy permit for the 100th residential unit of Phase 4 development.
 Design and improve the intersection of Horizon Lane/Suburban Road to be consistent with City Uniform Design Criteria and Municipal Code Standards.  Coordinate with the property owners along Earthwood Lane and City staff to complete the Earthwood Lane Extension to the Project site as part Phase 1. Earthwood Lane shall be developed to full City standards for a residential collector. Residential collectors shall be 44 to 60 feet wide as required by the City’s Uniform Design Criteria.
 Coordinate with the property owners along Suburban Road and City staff to prepare a detailed improvement plan for Suburban Road to bring this road into conformance with City standards. This plan shall address widening of substandard sections near the east end of this roadway, completion of missing sidewalk segments, installation of street trees, pedestrian crossings (e.g., Suburban Road at Earthwood Lane). In accordance to the City’s Engineering Standards and Specifications – Uniform Design Criteria, a commercial collector road shall be 44 to 68 feet wide to effectively serve commercial and industrial uses. Improvements from Earthwood Lane to Higuera Street shall be done as part of Phase 1. Improvements from Earthwood Lane to Horizon Lane shall be done as part of Phase 4 development, prior to the connection of Horizon Lane with the Project site.
 Prepare a detailed phasing plan that identifies reasonable timing of such improvements for Suburban Road, Horizon Lane, and Earthwood Lane. The phasing plan shall be developed in close coordination with City staff. Per MM TRANS 2e, Construction of the Suburban Road improvements from Horizon Road from Earthwood shall be completed and open to travel prior to issuance of an occupancy permit for the 100th residential unit of Phase 4 development. The Suburban Road improvement from Earthwood to Higuera and the Earthwood improvements on the Project site and between the Project and Suburban shall be completed prior to issuance of the occupancy permit for the 1st dwelling unit.

MM TRANS-5. The Applicant shall pay a pro-rata fair share fee to fund the installation of a roundabout at the Buckley Road/SR 227 intersection as identified in the SLOCOG SR 227 Operations Study. The City shall collect the fair share fee and coordinate payment of Project fair share fees to help fund improvements with the County. Alternatively, the City should consider an amendment of the AASP impact fee program to establish a new areawide fee to help fund improvements to the intersection to offset cumulative development impacts. If an A fair share mitigation fee for improvements
shall be paid to the Project prior to final
VTM recordation. If the City amends the
AASP impact fee program to include
improvements to the intersections of Buckley
Road/SR 227, the Applicant shall pay the
The City shall verify the
inclusion of the fee program
within the AASP shall collect
the pro-rated fee.

Compliance Status:

MITIGATION MONITORING AND REPORTING PROGRAM
38 Avila Ranch Development Project
Mitigation Measure Plan Requirements & Timing Monitoring/Compliance amended AASP fee is created by the City it will suffice as appropriate mitigation for the Project’s participation in these improvements.
impact fees prior to issuance of a building
permit for each unit.

Complete - AR paid full share
to County w/ Phase 1 Map.

MM TRANS-6. The Applicant shall design and construct the extension of the northbound right turn-lane at the South Street/Higuera Street intersection, to provide more storage capacity.

Prior to recordation of the final VTM for
Phase 1, the Applicant shall submit public
improvement plans for review and approval
by the City for the extension of the
northbound right turn lane from Higuera to
South. These improvements may be eligible
for credits for Project payments of the
Citywide TIF program. Construction of
roadway improvements shall be completed
and operational prior to the issuance of
occupancy permits for the first residential
unit for Phase 1 development.

The City shall verify that the
Applicant installs the
improvements in accordance to
the approved design plans.

Compliance Status:

Complete.

MM TRANS-7a. The Applicant shall design and construct a second northbound left-turn lane at the intersection of South Higuera Street/Prado Road. The Applicant shall also pay a fair share fee for the widening of Prado Road Creek Bridge west of South Higuera Street by participating in the citywide transportation impact fee program.

As part of Phase 1 development, the
Applicant shall submit public improvement
plans that details improvement to South
Higuera Street/Prado Road intersection for
review and approval by the City. These
improvements are part of the AASP
financing plan and may be eligible for fee
credits or reimbursements. Construction of
these improvements shall occur only after
completion of the City widening of the Prado
Road Creek Bridge. Construction of roadway
improvements shall be completed and
operational prior to the issuance of an
occupancy permit for the first residential unit
of Phase 1 development. However, if the
SLO Creek Bridge widening project has been
delayed, the Public Works Director shall
have the authority to defer these
improvements until that work can be
completed. The City may also undertake this
intersection improvement as a capital
improvement project. In that event, the
mitigation measure shall be satisfied when
the improvement is programmed in the
City’s multi-year Capital Improvement Plan
and Financial Plan.

The City shall verify that the
Applicant installs the
improvements in accordance to
the approved design plans and
pays its fair share fee for the
widening of Prado Road Creek
Bridge.

Compliance Status:

Satisfied through Citywide TIF
payment.

MITIGATION MONITORING AND REPORTING PROGRAM
Avila Ranch Development Project
39 Mitigation Measure Plan Requirements & Timing Monitoring/Compliance MM TRANS-7b. The Applicant shall design and construct a second southbound left-turn lane at the Tank Farm Road/South Higuera Street intersection.

As part of Phase 1 development, the
Applicant shall submit public improvement
plans for construction of a second
southbound left-turn lane at the Tank Farm
Road/South Higuera Street intersection for
review and approval by the City. These
improvements are part of the AASP
financing plan and may be eligible for fee
credits or reimbursements. Construction of
roadway improvements shall be completed
and operational prior to the issuance of an
occupancy permit for the first residential unit
of Phase 1 development.

The City shall verify that the
Applicant installs the
improvements in accordance
with approved design plans.

Compliance Status:

Complete.

MM TRANS-7c. The Applicant shall design and install the restriping of Suburban Road to extend the length of the westbound left- and right-turn lane at the Suburban Road/South Higuera Street intersection.

Prior to acceptance of the recordation of the
final VTM for Phase 1, the Applicant shall
submit public improvement plans to address
improvements to the Suburban Road and
South Higuera Street intersection for review
and approval by the City. Construction of
roadway improvements shall be completed
and operational prior to the issuance of
occupancy permits the first unit of Phase 1
development. This mitigation has been
incorporated into the MPA Project design.

The City shall verify that the
Applicant installs the
improvements in accordance to
the approved design plans. The
City shall confirm this feature
is incorporated within Project
plans.

MM TRANS-7d. In coordination with the opening of the Buckley Road Extension as part of Phase 2, the Applicant shall design and install measures to restrict left turns into and out of the Vachell Lane/South Higuera Street intersection.

Prior to recordation of the final VTM, the
Applicant shall submit public improvement
plans to address improvements to the Vachell
Lane and South Higuera Street intersection
for review and approval by the City.

Construction of roadway improvements shall
be completed and operational prior to
issuance of occupancy permits for the first
residential unit of Phase 2 Project
development. This mitigation has been
incorporated into the MPA Project design.

The City shall verify that the
Applicant installs the
improvements in accordance to
the approved design plans. The
City shall confirm this feature
is incorporated within Project
plans.

MM TRANS-8a. The Project is located within the Los Osos Valley Road interchange Sub Area fee program, and, as such, the Applicant shall pay the Los Osos Valley Road subarea fee, for the cost of reconstructing the Los Osos Valley Road/U.S. Highway 101 interchange project and improvements along Los Osos Valley Road. The fee shall be associated with the The Los Osos Valley Road fee program
requires payment of fees prior to each
building permit issuance. The Applicants
shall pay the Los Osos Valley Road subarea
fee prior to issuance of permits for all units.

The City shall verify the
Applicant has contributed its
fair share payment and ensure
adequate funding is collected
for the improvements.

MITIGATION MONITORING AND REPORTING PROGRAM
40 Avila Ranch Development Project
Mitigation Measure Plan Requirements & Timing Monitoring/Compliance number of dwelling units and the square footage of commercial development in the Project site and shall be paid the time of building permit issuance. Compliance Status:

Ongoing w/ each building
permit.

MM TRANS-8b. In coordination with the Applicant, the City shall retime the traffic signal at Los Osos Valley Road/South Higuera Street intersection and installation of signage at the South Higuera Street/Buckley Road intersection (terminus of the Buckley Road Extension) to inform drivers of additional access to U.S. Highway 101 at Ontario Road. The City Public Works Department shall ensure the improvements and signage meet safety criteria.

Prior to recordation of the final VTM for
Phase 2, the Applicant shall submit public
improvement plans for review and approval
by the City, which addresses retiming of the
traffic signal. Construction of roadway
improvements and signage installation at
Buckley Road shall be completed and
operational prior to the issuance of
occupancy permits for the first residence of
Phase 2 development.

The City shall verify that the
Applicant installs the
improvements in accordance to
the approved design plans.

Compliance Status:

In progress
MM TRANS-10a. The Applicant shall design and construct ADA-compliant sidewalks and ADA ramps on the east side of South Higuera Street to provide continuous paths of travel from the City limit line to Los Osos Valley Road.

Prior to recordation of the final VTM, the
Applicant shall submit a public improvement
plans for sidewalk improvements along
South Higuera Street for review and approval
by the City. Construction of pedestrian
improvements shall be completed and
operational prior to the issuance of an
occupancy permits for Phase 2 development.

The City shall verify that the
Applicant installs the
improvements in accordance to
the approved design plans.

Compliance Status:

In design, construction required
prior to Phase 2.

MM TRANS-10b. The Applicant shall design and construct continuous sidewalks along the east side of South Higuera Street from Vachell Lane to Los Osos Valley Road including ADA ramps at the Vachell Lane and South Higuera Street intersection, as illustrated in Figure

3.12-6 in the FEIR.

Prior to recordation of the final VTM for
Phase 1, the Applicant shall submit public
improvement plans for review and approval
by the City. Construction of pedestrian
improvements shall be completed and
operational prior to the issuance of an
occupancy permit for the first residence of
Phase 1 development.

The City shall verify that the
Applicant installs the
improvements in accordance to
the approved design plans.

Compliance Status:

Complete.

MM TRANS-10c. The Applicant shall design and construct continuous ADA-compliant sidewalks and ADA ramps along the south side of Suburban Road from South Higuera Street to Earthwood Lane. A receiving ramp shall be installed on the north side of Suburban Road at Earthwood Lane.

Prior to recordation of the final VTM for
Phase 1, the Applicant shall submit public
improvement plans for review and approval
by the City. Construction of pedestrian
improvements shall be completed and
operational prior to the issuance of an
occupancy permit for the first residence of
Phase 1 development.

The City shall verify that the
Applicant installs the
improvements in accordance to
the approved design plans.

Compliance Status:

Complete.

MITIGATION MONITORING AND REPORTING PROGRAM
Avila Ranch Development Project
41 Mitigation Measure Plan Requirements & Timing Monitoring/Compliance MM TRANS-11. The Applicant shall construct two (2) separated bicycle bridges on each side of Buckley Road at Tank Farm Creek and provide connections to Buckley Road so as to provide continuous and safe bicycle routing along Buckley Road. These sections of roadway and creek crossings are under the jurisdiction of the County and would need to meet both City and County design standards to the greatest extent feasible and are subject to approval of the City’s Public Works Director.

Prior to recordation of the final VTM for
Phase 2, the Applicant shall submit a Public
Improvement Plan for the Buckley Road
Class II bicycle lanes and the separated
bicycle bridges across Tank Farm Creek.

These improvements shall occur
concurrently with the extension of Buckley
Road to South Higuera Street during Phase 2.

The City shall verify that the
Applicant has modified the
Project design to be in
accordance with the BTP and
the AASP.

Compliance Status:

No progress. Required prior to
Phase 2 occupancy.

MM TRANS-12. The Applicant shall coordinate with SLO Transit to ensure that adequate service would be provide to the two proposed bus stops and Project area. The bus stops shall be constructed by the Applicant within the respective phase’s development area. To assure adequate service is provided to the two new bus stops onsite, the Applicant shall pay for and install any physical improvements to Earthwood Lane and Suburban Road needed to accommodate future service to the site. In addition, the proposed transit service onsite shall meet standards stated in Policy 3.1.6, Service Standards.

Prior to issuance of an occupancy permit for
the 50th residence of Phase 1 development,
the Applicant shall ensure adequate transit
service would be available for the Project
site.

The City shall verify that the
Applicant ensures adequate
transit service for the Project
site.

Compliance Status:

Phase 1 bus turnout complete;
Phase 6 turnout pending.

MM TRANS-13. The City shall amend the Citywide TIF to include a fee program for the installation of a second southbound right-turn lane at the Los Osos Valley Road/South Higuera Street intersection, or create a separate mitigation fee for this purpose. The Applicant shall pay its fair share of the improvement costs through the payment of the Citywide TIF of the ad hoc mitigation fees, as appropriate, to the City prior to issuance of building permits.

If at the time of building permit issuance the
City has not amended the Citywide TIF to
include the extension of the southbound right
turn lane from Higuera to Los Osos Valley
Road, the City shall establish an ad hoc fee
program for that purpose. The Applicant will
pay its fair share of the improvement by
payment of the amended Citywide TIP for
the ad hoc fee.

The City shall verify that the
Project has paid its fees at the
time of building permit
issuance.

Compliance Status:

Satisfied through Citywide TIF
payment.

MM TRANS-14. If approved by City Council, the City shall amend the TIF, or some other fee program, to include a fee program for the installation of a Class I bicycle path from Buckley Road/South Higuera Street intersection to Los Osos Valley Road/U.S. Highway 101 southbound ramps intersection, connecting to the Bob Jones Trail. The Applicant shall pay its fair share fee to fund the improvement through the adopted fee program. Alternatively, the City may establish a special or ad hoc mitigation fee program to fund the Project’s share of these improvements.

The City shall include this improvement in
the updated Citywide TIF. The Applicant
shall pay its fair share fees to the City prior
to issuance of an occupancy permit for the
first residential unit of each phase of
development. If at the time of building
permit issuance the City has not amended the
Project into the TIF program, the Applicant
will be required to pay fare share funding for
the project through an ad hoc fee to be paid
prior to receiving building permits.

The City shall verify payment
of fair share fees to install the
improvement in accordance
with the BTP and City
requirements.

Compliance Status:

Satisfied through Citywide TIF
payment.

MITIGATION MONITORING AND REPORTING PROGRAM
42 Avila Ranch Development Project
Mitigation Measure Plan Requirements & Timing Monitoring/Compliance MM TRANS-15a. The Applicant shall pay its fair share fee to the City to fund the widening of the Prado Road/South Higuera Street intersection to accommodate a dual left-turn lane, dual thru-lanes, and a right-turn lane on all approaches. Part of this share may be contained within existing fee programs or ultimately incorporated into the Citywide TIF program. If amended into the Citywide TIF an impact fee program, payment of those fees will address project impacts.

Unless incorporated into the Citywide TIF
program the Applicant shall pay its fair share
fees to the City prior to issuance of building
permits. The mitigation fee shall be
determined by the City prior to VTM
recordation and will be adjusted annually for
CPI until final building permits are complete.

Alternatively, the Applicant could pay the
full fee as part of Final map recordation for
each phase of development.

The City shall verify that
adequate funding is collected to
install these improvements.

Compliance Status:

Satisfied through Citywide TIF
payment.

MM TRANS-15b. The Applicant shall pay its fair share mitigation fees to fund improvements to the intersection of Higuera/Tank Farm Road to provide: 1) extension of the northbound right-turn lane, 2) the installation of a “pork chop” island to assist pedestrian crossings, and 3) widening on the south side of Tank Farm to provide a slip lane for right turning traffic.

The City should consider incorporating this improvement into the AASP Fee program.

The mitigation fee shall be determined by the
City prior to VTM recordation and will be
adjusted annually for CPI until final building
permits are complete. Alternatively, the
Applicant could pay the full fee as part of
final map recordation for each phase of
development. If the City amends the AASP
program to include this improvement, the
Applicant shall the AASP subarea fee
program to mitigate this impact.

The City shall verify that
adequate funding is collect to
install these improvements.

Compliance Status:

Satisfied through Citywide TIF
payment.

MM TRANS-15c. The City shall review the cross sections for improvements to Tank Farm Road/Horizon Lane intersection as proposed within AASP to ensure long-term geometrics meet the objectives of the General Plan. The Applicant shall pay fair share mitigation fees to fund the installation of an additional northbound right-turn lane or a roundabout at the Tank Farm Road/Horizon Lane intersection. The City should consider incorporating this improvement into the AASP fee program.

The mitigation fee shall be determined by the
City prior to VTM recordation and will be
adjusted annually for CPI until final building
permits are complete. Alternatively, the
Applicant could pay the full fee as part of
final map recordation for each phase of
development. If the City amends the AASP
program to include this improvement, the
Applicant shall pay the AASP subarea fee
program to mitigate this impact.

The City shall verify that
adequate funding is collected
for these improvements.

Compliance Status:

Satisfied through Citywide TIF
payment.

MM TRANS-15d. The Applicant shall pay its fair share fees to fund the installation of a traffic signal or a single-lane roundabout at the Buckley Road/Vachell Lane intersection.

While not required, this work may be implemented as part of the Buckley Road extension being installed as part of Phase 2 of the Project. The City should consider incorporating this improvement into the AASP fee program.

The mitigation fee shall be determined by the
City prior to VTM recordation and will be
adjusted annually for CPI until final building
permits are complete. Alternatively, the
Applicant could pay the full fee as part of
final map recordation for each phase of
development. If the City amends the AASP
program to include this improvement, the
Applicant shall pay the AASP subarea fee
program to mitigate this impact.

The City shall verify that
adequate funding is collected
for the improvement.

Compliance Status:

Weighted portion of fee paid
with each phase. Phase 1 share
paid prior to Final Map
recordation.

MITIGATION MONITORING AND REPORTING PROGRAM
Avila Ranch Development Project
43 Mitigation Measure Plan Requirements & Timing Monitoring/Compliance Utilities
MM UT-2. The size, location, and alignment of all on- and offsite water, wastewater, and energy infrastructure offsite shall be subject to review and approval by the City’s Public Works and Utilities Departments. The Applicant shall be responsible for constructing all required onsite and offsite utility improvements and well as for repaving of damaged roadways.

The Applicant is required to implement the
above standard mitigation measures prior to
Development Plan or permit approval. City
staff shall ensure the above measures are
incorporated into the Development Plan and
building plans prior acceptance of the final
Development Plan and recordation of the
final VTM.

City staff shall ensure measures
are on plans. City staff can
work with the Applicant to
ensure that these strategies are
implemented.

Compliance Status:

City verifying as needed
through review of improvement
plans.

City of San Luis Obispo, Council Memorandum
City of San Luis Obispo
Council Agenda Correspondence
DATE: March 21, 2023
TO: Mayor and Council
FROM: J. Christine Dietrick, City Attorney
VIA: Derek Johnson, City Manager
SUBJECT: ITEM 6E - SECOND READING OF ORDINANCE NO. 1724 (2023 SERIES)

AMENDING SEVERAL SECTIONS OF THE MUNICIPAL CODE TO

AUTHORIZE DESIGNEES OF THE POLICE CHIEF TO ISSUE

CITATIONS FOR ALL INFRACTION AND MISDEMEANOR VIOLATIONS

OF THE MUNICIPAL CODE
Staff received a question about the applicability of the additional language drafted by Council Members during the first reading of this ordinance on March 7, 2023. At that time, a concern was raised that a phrase as proposed by staff, “…shall designate as enforcing officers, including but not limited to…” was too broad and the Council motion on the item modified the phrase to read, “…shall designate as enforcing officers, meeting the established qualifications for such personnel, including but not limited to…” When the agenda for March 21, 2023, was published, Item 6e included the modified phrase in only one of the three locations intended (Chapter 9.60). Therefore, Ordinance 1724 will be updated, as shown in the redline below, to correct for this clerical error and apply the modified phrase to sections 1.16.060 and 10.08.070 as well:

SECTION 2. Section 1.16.060 of the San Luis Obispo Municipal Code is hereby amended to read as follows:

Section 1.16.060. Code Enforcement Officer Designation Authority.

The city administrative officer is empowered to designate public officers or employees of the city to exercise the powers authorized by Section 836.5(a) of the California Penal Code, including the issuance of citations for violation of the provisions of the municipal code pursuant to Sections 853.5 and 853.6 of the California Penal Code. The zoning enforcement officer and the chief building official shall be two of those employees so authorized. (Prior code § 1255). The police chief and such other persons the police chief shall designate as enforcing officers, meeting the established qualifications for such personnel, including but not limited to Community Service Officers, shall also be employees so authorized.

Item 6e – Second Reading of Ordinance 1724
Agenda Correspondence Memo Page 2
SECTION 4. Section 10.08.070 of the San Luis Obispo Municipal Code is hereby amended to read as follows:

10.08.070. Enforcement
All adopted state and city parking ordinances shall be administered and enforced by the police chief, the fire chief, and the director of the public works department of the city, or such other persons as they shall designate as enforcing officers, meeting the established qualifications for such personnel, including but not limited to Community Service Officers.

Item 6e
Department: Police
Cost Center: 8001
For Agenda of: 3/21/2023
Placement: Consent
Estimated Time: N/A
FROM: Rick Scott, Police Chief
Prepared By: Brian Amoroso, Administrative Captain
SUBJECT: SECOND READING OF ORDINANCE NO. 1724 (2023 SERIES)

AMENDING SEVERAL SECTIONS OF THE MUNICIPAL CODE TO

AUTHORIZE DESIGNEES OF THE POLICE CHIEF TO ISSUE

CITATIONS FOR ALL INFRACTION AND MISDEMEANOR VIOLATIONS

OF THE MUNICIPAL CODE

RECOMMENDATION
Adopt Ordinance No. 1724 (2023 Series) entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California, amending Title 1 “General Provisions”, Chapter

1.16 “Citation Procedure”, Section 1.16.060 “Code Enforcement Officer Designation Authority,” and Title 10 “Vehicles and Traffic”, Chapter 10.08 “Administration”, Section

10.08.070 “Enforcement,” and Chapter 10.68 “Inoperative Vehicles,” Section 10.68.020 “Definitions;” and amending Title 9 “Public Peace, Morals and Welfare” to add Chapter

9.60 “Enforcement” in order to authorize designees of the Police Chief, including Community Service Officers, to issue citations for all Infraction and Misdemeanor Violations of the Municipal Code and making a determination of exemption under the California Environmental Quality Act.”

POLICY CONTEXT
California Penal Code governs the authority related to the enforcement of city Municipal Codes and the authority of City Managers and Police Chiefs to designate civilians as enforcement officers to enforce municipal code violations. The Police Department has recently increased the staffing of Community Service Officers (CSOs) from two to six.

These CSOs will be utilized in the downtown core to improve safety and security. CSOs can currently issue citations for parking violations, but to be able to issue citations for any violation of the Municipal Code, minor changes need to be made consistent with broad authority provided to Code Enforcement Officers to enforce rules, laws and regulations.

DISCUSSION
On March 7, 2023, City Council introduced Ordinance No. 1724 (2023 Series) (Attachment A) amending the following sections of the municipal code to authorize designees of the police chief to issue citations for all infraction and misdemeanor violations of the municipal code:

Item 6e
Amend Section 1.16.060 Code Enforcement Officer Designation Authority to read as follows:

The city administrative officer is empowered to designate public officers or employees of the city to exercise the powers authorized by Section 836.5(a) of the California Penal Code, including the issuance of citations for violation of the provisions of the municipal code pursuant to Sections 853.5 and 853.6 of the California Penal Code. The zoning enforcement officer and the chief building official shall be two of those employees so authorized. (Prior code § 1255). The police chief and such other persons the police chief shall designate as enforcing officers, including but not limited to police community service officers, shall also be employees so authorized.

Amend Section 9.60 Enforcement to read as follows:

All adopted ordinances under this Chapter, the violation of which are an infraction or a misdemeanor, shall be administered and enforced by the Police Chief or such other persons as they shall designate as enforcing officers, meeting the established qualifications for such personnel, including but not limited to Community Service Officers.

Amend Section 10.08.070 Enforcement to read as follows:

All adopted state and city parking ordinances shall be administered and enforced by the police chief, the fire chief, and the director of public works department of the city, or such other persons as they shall designate as enforcing officers, including but not limited to police community service officers.

Amend Section 10.68.020, subdivision A, to read as follows:

A. “Code enforcement officer” means and includes, for the purposes of this chapter only, Community Service Officers as designated by the chief of police, as well as code enforcement officers regularly employed or designated in that capacity by the city.

Public Engagement
The proposed amendment is required to authorize designated civilian employees to issue citations when infractions and misdemeanor violations of the San Luis Obispo Municipal Code are observed; all Police Officers currently issue citations in these cases. This is an administrative item, so no outside public engagement was completed. Public comment can be provided to the City Council through written correspondence prior to the meeting and through public testimony at the meeting.

Item 6e

CONCURRENCE
The City Attorney’s Office has reviewed this report and authored the draft ordinance.

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: Budget Year:

Funding Identified:

Fiscal Analysis:

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

Total $ N/A $ $ $

ATTACHMENTS
A - Ordinance No. 1724 (2023 Series) adopting CSO Citation Authority

O 1724
ORDINANCE NO. 1724 (2023 SERIES)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, AMENDING TITLE 1 “GENERAL
PROVISIONS”, CHAPTER 16 “CITATION PROCEDURE”, SECTION

1.16.060 “CODE ENFORCEMENT OFFICER DESIGNATION
AUTHORITY” AND TITLE 10 “VEHICLES AND TRAFFIC”, CHAPTER

10.08 “ADMINISTRATION”, SECTION 10.08.070, AND CHAPTER 10.68 “INOPERATIVE VEHICLES”, SECTION 10.68.020, AND AMENDING TITLE 9 “PUBLIC PEACE, MORALS AND WELFARE” TO ADD
CHAPTER 9.60 “ENFORCEMENT” IN ORDER TO AUTHORIZE

DESIGNEES OF THE POLICE CHIEF, INCLUDING COMMUNITY

SERVICE OFFICERS, TO ISSUE CITATIONS FOR ALL INFRACTION

AND MISDEMEANOR VIOLATIONS OF THE MUNICIPAL CODE AND

MAKING A DETERMINATION OF EXEMPTION UNDER THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, the Police Department of the City of San Luis Obispo (“the Department”) employs Police Field Service Technicians (“PFSTs”), soon to be renamed as Community Service Officers (“CSOs”), who are non-sworn members of the Department that work under the general supervision of a Police Lieutenant within a framework of standard policies and procedures; and
WHEREAS, CSOs perform paraprofessional police related duties, which include handling of non-emergency calls for service, property and evidence control and processing, and a variety of assigned administrative tasks; and
WHEREAS, CSOs further perform a variety of field duties, including but not limited to, providing traffic control at the scene of accidents, large gatherings, and other nonhazardous incidents; providing security and other assistance at crime scenes; and posting and storage of abandoned vehicles; issuing citations for abandoned vehicles, taking necessary follow-up action to arrange for removal of the vehicles and determining legal owners for billing of tow services, if required; and issuing non-moving traffic citations for equipment violations and parking violations; and
WHEREAS, sworn members of the Department currently issue citations for violations of the San Luis Obispo Municipal Code that constitute infractions and misdemeanors; and
WHEREAS, Section 836.5 of the California Penal Code provides that a public officer or employee with a duty to enforce a statute or ordinance, when authorized by ordinance, may arrest a person without a warrant or, if the person arrested does not demand to be taken before a magistrate, may “prepare a written notice to appear and release the person on his or her promise to appear”; and

Ordinance No. 1724 (2023 Series) Page 2
O 1724
WHEREAS, Section 853.5 of the California Penal Code authorizes citation of a person “arrested for an offense declared to be an infraction” and Section 853.6 authorizes citation of a person “arrested for an offense declared to be a misdemeanor” with exceptions for certain violent offenses; and
WHEREAS, under the existing San Luis Obispo Municipal Code Section 10.68, PFSTs are authorized to enforce the City Ordinance related to inoperative vehicles including service of a notice of vehicle abatement; and WHEREAS, under San Luis Obispo City Municipal Code Section 10.08.070, "the police chief” and “such other persons as they shall designate as enforcing officers” are charged with enforcing the City’s parking ordinances, and CSOs, if designated as a “enforcing officials”, could issue citations for violations of the City’s parking ordinances; and
WHEREAS, other provisions of the San Luis Obispo Municipal Code do not specifically provide that designated enforcing officers, such as CSOs, have the authority to enforce the Municipal Code; and
WHEREAS, Section 1.16.060 of the San Luis Obispo City Municipal Code authorizes the city administrative officer to “designate public officers or employees of the city to exercise the powers authorized by Section 836.5(a) of the California Penal Code, including the issuance of citations for violation of the provisions of the Municipal Code pursuant to Sections 853.5 and 853.6 of the California Penal Code”; and WHEREAS, in addition to being designated under Section 1.16.060, a CSO must also have the authority to enforce the San Luis Obispo Municipal Code in order to issue citations for all infraction and misdemeanor violations of the San Luis Obispo Municipal Code; and
WHEREAS, certain conforming amendments to San Luis Obispo Municipal Code Section 10.68.020. A are required to consistently use the term “Community Service Officers” throughout the Municipal Code; and
WHEREAS, the City Council of the City of San Luis Obispo finds that it is beneficial to charge CSOs and other civilian designees of the Police Chief with the authority to enforce the San Luis Obispo Municipal Code and designate such persons under Section

1.16.60 to issue citations to help alleviate staffing shortages and increase Department responsiveness to low level calls for service and illegal activity that can be handled by designated civilian employees, freeing up sworn Police Officers to handle more serious and dangerous calls for service; and make certain conforming amendments.

Ordinance No. 1724 (2023 Series) Page 3
O 1724
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows:

SECTION 1. Findings. The Council hereby finds and declares the following:

1. The above recitals are true and correct and are incorporated herein by reference.

2. CSOs should be given citation authority to enforce municipal code violations in order to enhance Department responsiveness, alleviate Police Officer staffing shortages, and improve the safety and securityof the city.

3. Certain conforming edits should be made to consistently use the term “Community Service Officers” throughout the Municipal Code.

4. Pursuant to California Environmental Quality Act (CEQA), it can be seen with certainty that there is no possibility that the proposed Municipal Code Amendment regarding authorization to issue citations for municipal code violations will have any effect on the environment (General Rule Exemption CEQA Guidelines Section 15061(b)(3)) and that the proposed Municipal Code Amendment is not a “project” (CEQA Guidelines Section 15378(b)) because the amendment in authority to issue citations is an organizational or administrative activity of the City that will not result in a direct or indirect physical changes in the environment.

SECTION 2. Section 1.16.060 of the San Luis Obispo Municipal Code is hereby amended to read as follows:

Section 1.16.060. Code Enforcement Officer Designation Authority.

The city administrative officer is empowered to designate public officers or employees of the city to exercise the powers authorized by Section 836.5(a) of the California Penal Code, including the issuance of citations for violation of the provisions of the municipal code pursuant to Sections 853.5 and 853.6 of the California Penal Code. The zoning enforcement officer and the chief building official shall be two of those employees so authorized. (Prior code § 1255).

The police chief and such other persons the police chief shall designate as enforcing officers, meeting the established qualifications for such personnel, including but not limited to Community Service Officers, shall also be employees so authorized.

SECTION 3. Chapter 9.60 of the San Luis Obispo Municipal Code is hereby added and adopted into Title 9 of the Municipal Code related to Public Peace, Morals, and Welfare to read as follows:

Ordinance No. 1724 (2023 Series) Page 4
O 1724

9.60. Enforcement
All adopted ordinances under this Chapter, the violation of which are an infraction or a misdemeanor, shall be administered and enforced by the Police Chief or such other persons as they shall designate as enforcing officers, meeting the established qualifications for such personnel including but not limited to Community Service Officers.

SECTION 4. Section 10.08.070 of the San Luis Obispo Municipal Code is hereby amended to read as follows:

10.08.070. Enforcement
All adopted state and city parking ordinances shall be administered and enforced by the police chief, the fire chief, and the director of the public works department of the city, or such other persons as they shall designate as enforcing officers, meeting the established qualifications for such personnel, including but not limited to Community Service Officers.

SECTION 5. Section 10.68.020, subdivision A, of the San Luis Obispo Municipal Code is hereby amended to read as follows and the remainder of Section 10.68.020 to remain unchanged:

Section 10.68.020, subdivision A
A. “Code enforcement officer” means and includes, for the purposes of this chapter only, Community Service Officers as designated by the chief of police, as well as code enforcement officers regularly employed or designated in that capacity by the city.

SECTION 6. Sections 1.16.060 and 10.08.070, and subsection 10.68.020.A. of the Municipal Code are hereby amended and superseded to the extent inconsistent herewith.

Ordinance No. 1724 (2023 Series) Page 5
O 1724
SECTION 7. A summary of this ordinance, together with the names of Council members voting for and against, shall be published at least five (5) days prior to its final passage, in The New Times, a newspaper published and circulated in this City. This ordinance shall go into effect at the expiration of thirty (30) days after its final passage.

INTRODUCED on the 7
th day of March 2023, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the _____ day of _______, 2023, 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 6f
Department: Community Development
Cost Center: 4003
For Agenda of: 3/21/2023
Placement: Consent
Estimated Time: N/A
FROM: Michael Codron, Community Development Director
Prepared By: Alex Fuchs, Cannabis Business Coordinator
SUBJECT: SECOND READING OF ORDINANCE NO. 1725 (2023 SERIES) AMENDING CHAPTER 17.86 AND CHAPTER 9.10 OF THE MUNICIPAL

CODE MODIFYING RETAIL STOREFRONT OPERATIONAL RULES

RECOMMENDATION
Adopt Ordinance No. 1725 (2023 Series) entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California, amending Chapter 17.86 (Regulations for Specific Land Uses and Activities) and Chapter 9.10 (Cannabis Regulations) of the Municipal Code modifying specific rules for commercial cannabis business retail storefront operations.”

POLICY CONTEXT
At the Cannabis Business Program update in October 2022, Council directed staff to further evaluate and return with recommendations addressing requests to modify specific cannabis retail storefront operational rules. The requests included expanding retail storefront hours of operations, allowing retail storefronts to also engage in cannabis delivery, and allowing medical cannabis users aged 18-20 to access retail storefronts.

Staff completed an evaluation and developed proposed amendments to Chapter 17.86 and Chapter 9.10 of the Municipal Code addressing Council’s direction as detailed in Ordinance No. 1725 (2023 Series) included with this report as Attachment A.

DISCUSSION
On March 7, 2023, City Council introduced Ordinance No. 1725 (2023 Series) amending Chapter 17.86 and Chapter 9.10 of the Municipal Code modifying specific rules for commercial cannabis retail storefront operations. The rule modifications include extending hours of operations and allowing retail storefronts to also engage in cannabis delivery services. The following is a summary of the amendments to Chapter 17.86 and Chapter 9.10 of the Municipal Code.

1. Commercial Cannabis Development Standards (17.86.080 (E)(5)(f)) Modify the conditions of approval for commercial cannabis use permits to allow persons aged 18-20 to access the premises if the person possess a valid physician’s recommendation for medical cannabis.

Item 6f

2. Retail—Storefront (17.86.080 (E)(10))
Allow retail storefronts to operate between the hours of 7:00 a.m. and 9:00 p.m. Allow retail storefronts that possess a state retailer license with an M-designation or both an Adesignation and an M-designation to allow persons aged 18-20 to enter if the person possess a valid physician’s recommendation for medical cannabis.

3. Minors (9.10.230)
Allow commercial cannabis businesses that possess a state retailer license with an Mdesignation or both an A-designation and an M-designation to allow persons aged 18-20 to enter if the person possess a valid physician’s recommendation for medical cannabis.

Require signage be posted at every entrance to a commercial cannabis business noticing of the requirement.

4. Security and Safety Measures (9.10.250 (C))
Allow retail storefronts to operate between the hours of 7:00 a.m. and 9:00 p.m.

Public Engagement
Staff conducted outreach to Cal Poly, Cal Poly’s Associated Students, Inc. (ASI), Cuesta College, and existing cannabis operators in advance of the March 7, 2023, Council meeting to present the Cannabis Business Program update and introduce a draft of the Ordinance. Postcard notifications were sent out to all property owners and tenants within 300 feet of the existing retail storefront businesses in advance of the Planning Commission meeting on February 8, 2023, and in advance of the March 7, 2023, Council meeting in accordance with public noticing requirements. Both meetings provided an opportunity for public comment on the proposed amendments.

CONCURRENCE
The Cannabis Steering Committee comprised of representatives from the City Attorney’s office, Police Department, Finance Department, Community Development Department, and City Administration met to review and deliberate the proposed changes. The Cannabis Steering Committee support the recommended changes to the Cannabis Business Program discussed in this report.

ENVIRONMENTAL REVIEW
The proposed amendments were reviewed in accordance with the California Environmental Quality Act (CEQA) Guidelines and are determined to be exempt from environmental review pursuant to the General Rule under CEQA Guidelines Section 15061(b)(3), which exempts activities that can be seen with certainty to have no possibility for causing a significant effect on the environment.

Item 6f
The proposed amendments to Chapter 17.86 and Chapter 9.10 of the Municipal Code constitute minor modifications to the rules governing commercial cannabis business retail storefront operations and do not have a significant effect on the environment. Project specific environmental review will be required for any new commercial cannabis operation. Any new or existing retailer applying for a delivery permit would be required to comply with all applicable state and local law, including a showing of CEQA compliance or exemption.

FISCAL IMPACT
Budgeted: Yes Budget Year: On-going
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 $ 0 $ 0 $ 0 $ 0
Staff is not recommending an adjustment to the cannabis tax revenue budget at this time because it is not known if or when the operators will request or be approved for the change in operational hours. Once the changes go into effect, staff will continue to monitor and evaluate and will recommend budget adjustments that may be warranted based on actual revenue received.

ALTERNATIVE
Council could decide not to adopt Ordinance No. 1725 (2023 Series) amending Chapter 17.86 and Chapter 9.10 of the Municipal Code. This action is not recommended because the amendments were presented at a duly noticed public meeting and a draft of the Ordinance was introduced by City Council on March 7, 2023.

ATTACHMENTS
A - Ordinance No. 1725 (2023 Series)

O 1725
ORDINANCE NO. 1725 (2023 SERIES)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, AMENDING CHAPTER 17.86 (REGULATIONS FOR SPECIFIC LAND USES AND ACTIVITIES) AND CHAPTER 9.10 (CANNABIS REGULATIONS) OF THE MUNICIPAL CODE MODIFYING

SPECIFIC RULES FOR COMMERCIAL CANNABIS BUSINESS RETAIL

STOREFRONT OPERATIONS
WHEREAS, on May 1, 2018, the City Council of the City of San Luis Obispo adopted regulations allowing for the operation of commercial cannabis businesses and personal cultivation in the City; and
WHEREAS, Municipal Code Chapter 17.86 and Chapter 9.10 establishes the hours of operations and the age restrictions for access to commercial cannabis retail storefronts operating in the City; and
WHEREAS, the City currently has two permitted commercial cannabis retail storefronts operating in the City; and
WHEREAS, the permitted commercial cannabis retail storefronts requested the City expand the hours of operations from 9:00 a.m. and 8:00 p.m., daily to 7:00 a.m. and 9:00 p.m., daily; and allow individuals 18 to 20 years of age who have a valid physician’s recommendation for medicinal cannabis to access retail storefronts; and WHEREAS, on October 18, 2022, City Council directed staff to further evaluate and return with recommendations addressing requests to modify the regulations for hours of operations and access restrictions for medicinal cannabis customers 18 to 20 years of age; and
WHEREAS, the State of California’s Department of Cannabis Control’s Code of Regulations allows licensed cannabis retailers and delivery businesses to operate between the hours of 6:00 a.m. and 10:00 p.m. and allows licensed cannabis retailers who possess either an M-designation license or and A- and M-designation license to sell medicinal cannabis goods to individuals who are at least 18 years of age and who possess a valid physician’s recommendation; and
WHEREAS, City staff conducted extensive public outreach for the requested changes submitted by the permitted commercial cannabis retail storefronts; and WHEREAS, consistent with State of California’s regulations and the feedback collected during the public outreach component of the requested changes evaluation, the City desires to continue to support existing and future commercial cannabis retail storefront operations by amending Chapter 17.86 and Chapter 9.10 of the Municipal Code; and

Ordinance No. 1725 (2023 Series) Page 2
O 1725
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on February 8, 2023, for the purpose of considering updates to the City’s commercial cannabis program including amending Chapter 17.86 and Chapter 9.10 of the Municipal Code for retail storefront operations and making recommendations to the City Council regarding such amendments.

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

SECTION 1. Findings. Based upon all the evidence presented, the Council makes the following findings.

1. The proposed amendments to Chapter 17.86 and Chapter 9.10 are consistent with State of California’s Department of Cannabis Control’s Code of Regulations.

2. The proposed amendments establish reasonable regulations for the operation of commercial cannabis retail storefront businesses in the City.

3. The proposed amendments continue to promote the public health, safety, and welfare of the City as they relate to commercial cannabis business operations.

4. The City requires discretionary review and approval of permits, licenses, and other authorizations to engage in commercial cannabis activity. Such review and approval include applicable environmental review.

SECTION 2. Section 17.86.080 (E)(5)(f), Commercial Cannabis Development Standards, of the San Luis Obispo Municipal Code is hereby amended as follows:
f. The use permit to be issued under this chapter shall include, but is not limited to, the following conditions:
i. The obtaining and maintaining of the commercial cannabis operator permit and appropriate state license.
ii. Payment of all applicable current and future state and local taxes and all applicable commercial cannabis fees and related penalties established by the city council, including but not limited to application, administrative review, inspection, etc.
iii. The commercial cannabis operator permit or a controlling interest in the permit may not be assigned, transferred or bequeathed, by operation of law or otherwise, unless permitted as described in Chapter 9.10, and the permit shall terminate automatically on such event.

Ordinance No. 1725 (2023 Series) Page 3
O 1725
iv. Any commercial cannabis operator permit issued pursuant to this chapter and Chapter 9.10 expires after one year, unless renewed. v. Prohibition of on-site consumption of cannabis at: (A) at a commercial cannabis business or commercial cannabis activity location; (B) any other business, club or cooperative or event, regardless if open to the public or only to members; and (C) anywhere an entry or other fee is charged to attendees or the host or thing of value or consideration is received or exchanged.
vi. Prohibition of the possession, storage, sale, distribution or consumption of alcoholic beverages on the premises, or the holding of license from the State Division of Alcoholic Beverage Control for the sale of alcoholic beverages, or operating a business that sells alcoholic beverages on or adjacent to the commercial cannabis activity site.
vii. No cannabis products or cannabis accessories may be displayed in windows or visible from the public right-of-way or from places accessible to the general public.
viii. Prohibition of minors and persons under the age of twenty-one on the premises, even if accompanied by a parent or guardian, unless the person is at least eighteen years of age and is also in possession of a valid physician’s recommendation for medical cannabis.
ix. Outdoor storage of cannabis or cannabis products is prohibited.

SECTION 3. Section 17.86.080 (E)(10), Retail—Storefront, of the San Luis Obispo Municipal Code is hereby amended as follows:

10. Retail—Storefront.
a. Commercial cannabis storefront retail may be conditionally permitted, subject to the requirements of this section and the obtaining and maintaining of a commercial cannabis operator permit, and the appropriate state license, in the following zones:
i. Retail commercial (C-R);
ii. Service commercial (C-S);
b. Development Standards.
i. Compliance with subsection (E)(5) of this section, Commercial Cannabis Development Standards.