San Luis Obispo City Council
April 16, 2024

071928\12553401v7 3
and reimbursements of Two Million Three Hundred Ninety-Six Thousand Five Hundred Fourteen Dollars and Fifty-Eight Cents ($2,396,514.58) noted in item B, shall together constitute full and final satisfaction of SLR’s obligation under the Development Agreement related to the Prado Road Overpass Improvements and the Prado Road Interchange Mitigation Fee.

F. SLR shall retain the right to collect a “Gap Shortfall” (as defined in the Funding, Construction and Acquisition Agreement) from generated special taxes in excess of other obligations of the CFD, provided that the City shall not under any circumstance be obligated to pay SLR any amount in excess of funds actually collected by the City. In addition, SLR shall be entitled to all remaining non-applied public and private reimbursements. Lastly, should a 2nd bond sale take place, SLR shall be entitled to additional reimbursement, payment or credit from the revenues generated from the 2nd CFD bond sale in the manner and subject to the conditions specified in the Funding, Construction and Acquisition Agreement, and the City agrees to assist with the 2nd bond sale in a timely manner.

Promptly upon full execution of this Operating Memorandum, the City shall release any building permits or final Certificates of Occupancy that the City would have otherwise issued prior to this Operating Memorandum, but that been withheld pursuant to Section 5.04.6 of the Development Agreement.

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

FOR CITY OF SAN LUIS OBISPO:

Date: _______________ ____________________________________ Derek Johnson, City Manager
FOR MI SAN LUIS RANCH, a Delaware Limited Liability Company:

Date: ________________ ____________________________________ Donald R. Faye, Authorized Agent
DocuSign Envelope ID: AB941829-9A76-4867-8215-80EA536B460C 11/15/2023 | 7:42 AM PST
11/15/2023 | 1:08 PM PST

Item 6d
Department: Community Development
Cost Center: 4003
For Agenda of: 4/16/2024
Placement: Consent
Estimated Time: N/A
FROM: Timmi Tway, Community Development Director
Prepared By: John Rickenbach, Contract Planner and Callie Taylor, Associate Planner SUBJECT: 2024 ANNUAL MONITORING FOR THE AVILA RANCH DEVELOPMENT

AGREEMENT, MITIGATION MEASURES, AND PROJECT CONDITIONS

RECOMMENDATION
Receive and file the 2024 annual monitoring report for the Avila Ranch Development Agreement, mitigation measures, and required project conditions.

REPORT-IN-BRIEF
On September 19, 2017, the City Council approved the Avila Ranch project, including a vesting tentative map for Tract 3089, 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 August 15, 2023.

This report addresses activities that have taken place during 2023 through the end of February 2024, 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 in regard to housing and onsite development 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 (R-2) lots, three lots for future multi-family (R-4) units, a lot for an interim fire station, and various lots for parks and public facilities.

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At the end of February 2024, Avila Ranch had constructed 72 single family homes, an additional 56 homes were under construction, and another 16 residential permits were ready to issue in Phase 1. Collectively to date, the architectural review approved by Planning Commission would accommodate up to 543 dwelling units. The remainder of the development potential within the Avila Ranch is still subject to Planning Commission review, once applications are submitted and processed. Once completely built out, Avila Ranch would support up to 740 dwelling units, 15,000 square feet of commercial uses, and 18 acres of parks.

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, except as noted in the discussion that follows. 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.

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.

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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 and 2023 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, Final EIR, and Development Agreement (DA) between the City and Avila Ranch, LLC. Both the DA and the EIR Mitigation Monitoring and Reporting Program (MMRP) require annual monitoring and reporting of activities per Articles 10 and 11 of the DA.

The following discusses what aspects of the project were in progress or completed in 2023 through the end of February 2024. It also provides additional context, with a brief encapsulation of the activities that occurred before 2023, and highlights activities that are anticipated in 2024 and beyond.

Figure 1. Avila Ranch Project Area Phasing Map

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Project Activities Prior to 2023
The following project-related activities occurred prior to 2023:

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. 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. Lot 186 was dedicated to an affordable housing developer, consistent with the DA requirements.
 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, which was dedicated to the City)
 Two lots for future phases of the subdivision (Lots 190 and 191) 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 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 Architectural Review Commission (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.

D. Public Onsite 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, including the Higuera/South Street Northbound Right-Turn Pocket Extension.

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 was constructed providing a connection between Suburban Drive and Vachell Lane. Venture Drive was extended to intersect Earthwood Lane at a new roundabout.

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E. Public Offsite Improvements. Multiple offsite transportation improvements were required to mitigate for the increase in traffic generated by the development through the project conditions of approval, mitigation measures (MM), and the Development Agreement. The offsite improvements completed with Phase 1 prior to 2023 include:
 Extension of Earthwood Lane to Suburban Road [Condition #101]  Suburban Road Improvements, S. Higuera to Earthwood [Condition #102]  Sidewalk on portions of Vachell Lane [Condition #124]  Intersection improvements at South Street/Higuera Street [Conditions #112]  Intersection improvements at Tank Farm Road/S. Higuera Street [Condition #114/MM TRANS-7b]
 Vachell Lane widening for Class II bike lanes [Condition #105]  Higuera/Suburban Road Striping Modifications
 Installation of Class II bicycle lanes along Vachell Lane between Buckley Road and South Higuera Street [Condition #105]
F. Offsite Improvements in the County. Offsite improvements located outside the City Limits were constructed under a County encroachment permit and will be maintained by the County. This includes the extension of Buckley Road from Vachell Lane to South Higuera Street and installation of a traffic signal at the newly created intersection with South Higuera Street [Condition #100]. 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.

G. Phases 2-6 Mass Grading Plans. An application for a mass grading permit for Phases 2-6 was submitted in November 2021.

H. Phase 5 (R-1) Development Approval. An application for review of Phase 5 of development was recommended for approval by the Architectural Review Commission (ARC) on June 20, 2022. This area would include up to 101 dwelling units in the R-1 zone. Based on the recommendation of the ARC, the Planning Commission (PC) approved the R-1 product in Phase 5 on July 13, 2022, by Resolution PC-1065-2022.

I. Phase 1 (Tract 3089) Development. The following development in Phase 1 occurred prior to 2023, primarily in 2022:
 19 single-family residential (SFR) units completed and occupied  39 SFR units were under construction
 71 SFR building permit applications were submitted and under review, but not yet issued
 Four public parks were constructed (Parks A, B, C, and Stevenson Park).

This included a reconfigured Park A, which was redesigned in response to an unanticipated drainage issue. The Community Development Director in consultation with the Parks and Recreation Director has determined that the intent of the parks programming was still met with the reconfigured plan for

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Park A. Parks, B, C and Stevenson have since been accepted and are under warranty.
 Roadways and other infrastructure needed to support the above development, including utilities, lighting, landscaping, and some privatelymaintained infrastructure, such as common driveways serving multiple housing units.

Development Activities in 2023 through February 2024
The following development-related activities took place since the time of the previous annual report related to the DA, MMRP, and Project Conditions, from March 2023 through February 2024:

A. Phase 1 (Tract 3089) Development. 179 single family (R-2) lots were recorded in Phase 1 in 2018 and approved for architectural review by Planning Commission in 2021. As of March 1, 2024, this is the status of development in Phase 1:
 72 units complete and occupied (19 completed in 2023)  56 units under construction
 16 permits ready to issue
B. Phases 2 and 3 Final Map. The final map for Phases 2 and 3, which would accommodate the remaining 118 units within the R-2 zone and 145 units within the R-4 zone (with a density bonus), was approved by the City Council on January 23, 2024 (Resolution 11472). The final map has not yet been recorded, pending finalization of the Subdivision Agreement.

C. Public Improvements. The Public Improvement Plans for Phases 2 and 3 were approved in September 2023 and are under construction. The plans were subsequently revised to include the required multi-use path bridge over Tank Farm Creek north of Buckley Road, consistent with Mitigation Measure TRANS-11. This mitigation measure also requires a new bicycle bridge over Tank Farm Creek on the south side off Buckley Road; however, this bridge has been deferred to coincide with additional roadway widening and bikeway improvements along Buckley Road in Phase 4 of the development. The change in timing of this required mitigation measure was approved by the City Council on January 23, 2024. An Addendum to the Final EIR documenting this change was approved at that time.

D. Phase 3 Affordable Housing Agreement. The Affordable Housing Agreement for Phase 3 (addressing multi-family housing in the R-4 zone) was approved by the City Council on January 23, 2024, and will be recorded with the final map. This agreement calls for 90 affordable and 25 workforce units within the Avila ranch development, compared to the 71 affordable and 25 workforce units included in the original Development Agreement. The increase in affordable units was facilitated by a density bonus approved by the Planning Commission.

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E. Phase 3 Multi-Family (R-4) Development Approval. An application for review of the multi-family R-4 units in Phase 3 of the development was recommended for approval by the Architectural Review Commission (ARC) on October 2, 2023. This application included a density bonus request which would allow up to 145 dwelling units in the R-4 zone in two separate projects, including 59 affordable housing units. Based on the recommendation of the ARC, the Planning Commission (PC) approved the R-4 development in Phase 3, including the density bonus, on February 14, 2024, by Resolution PC-1083-2024. A second Addendum to the Final EIR was prepared to address the impacts of the density bonus, which increased the number of R-4 units from the 125 approved in the original Avila Ranch Development Plan to 145, finding no additional impacts or mitigation measures would be required.

F. Other Mitigation Requirements and Development Components. Several issues related to various required public impacts were addressed in 2023 and early 2024, including the following:
 Park/Basin A. City staff and the developer have been meeting to resolve issues related to how high ground water affects drainage in the area and the ultimate design of this park. Meetings occurred on September 28, 2023, and January 11, 2024, and included these key discussion points:

1. Maintenance plan for the drainage basin

2. CFD maintenance costs

3. Alternatives for addressing water in the drainage basin

4. Stormwater control plan
The developer will be addressing the City’s concerns and working towards resolution. These issues need to be resolved prior to the City’s acceptance of the basin, which is proposed to be maintained by the City with funding provided through the CFD.
 Buckley Road Widening. Avila Ranch needs to acquire offsite property from Son Care, the property owner on the south side of Buckley Road, in order to install required bike lanes, bike bridge, and related widening of Buckley Road.

City staff, County staff, Avila Ranch, and Son Care met several times in 2023 to discuss, most recently on November 15. The County has approved the Buckley Road improvement plans, which include bike lanes, but issuance of the permit is pending right-of-way acquisition. The developer is now working directly with Son Care to discuss financial compensation for the easement.  Interim Fire Station. The Avila Ranch EIR and Development Agreement require an interim fire station to be constructed at Avila Ranch by the 361st residential unit, which is estimated to be in mid-2026. City staff has been meeting with the developer since August 2023 to identify site requirements and timing for construction. The developer’s team is currently working to develop a site program for City/Fire Chief review. Based on the continued growth in the southern portion of the City and the need to provide adequate coverage and staffing to meet current operating standards, the Fire Chief has determined that

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the station needs to be constructed to serve a 3-person engine company, rather than a 2-person medic response station as originally proposed by the 2017 Avila Ranch Final EIR. The developer is providing concept planning to meet the City’s current needs as requested, with further discussions expected regarding funding obligations. The City is also identifying staffing and equipment needs that will be associated with operation of this station, portions of which will be funded by the Avila Ranch CFD.

G. Phases 2-6 Mass Grading. The November 2021 application for a mass grading permit for Phases 2-6 was approved, the permit issued, and grading is in progress.

H. Developer’s Impact Fee Protest, Tolling Agreement, and Mediation. A tolling agreement was signed prior to the annual review in 2023 to address a fee protest which the developer had submitted. City staff and the developer subsequently met with a mediator on August 10, August 24, and November 16, 2023. The City and developer have come to tentative resolution on most items. A specific fee schedule for the project has been developed based on the DA, and both parties are in the process of completing a fee reconciliation. Avila Ranch is depositing a portion of the current permit fee funds into an escrow account with issuance of each building permit per the tolling agreement. The City and developer will continue to meet with the mediator to resolve issues identified in tolling agreement, and a settlement agreement will be completed when all issues are resolved.

New Applications in 2023 for Which Activities Have Not Yet Begun No unresolved project-related applications were received by the City in 2023 that the City has not yet taken action on. As noted above in items B, C, D, E and F, the City took action on several items, some of which were initiated in 2023, while others began prior to that time.

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 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. As of March 2024, 72 units have been built and

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56 more are under construction (all in Phase 1). Collectively, up to 543 units have been approved overall in various phases.

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.

Reimbursement agreements have been established for a Public Reimbursement/Credit Agreement, Private Reimbursement Agreement, and Wastewater Reimbursement Agreement. The first reimbursement payments were made in 2023 towards the Wastewater Reimbursement Agreement. No payments have been made yet under the Public or Private transportation infrastructure reimbursement agreement.

Tract 3089 is meeting the City’s agricultural land preservation requirements through a combination of onsite easements and payment of in-lieu fees. Avila Ranch shall compensate for the development of onsite agricultural lands and meet the open space objectives of the General Plan by dedicating and preserving at least 50 acres of onsite or offsite open space or agricultural land. In compliance with the DA and the entitlement documents, Phase 1 has satisfied its agricultural mitigation obligations by providing inlieu fees for purchase of dedications offsite, 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 2023-2024 (end of June 2024) 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 the end of February 2024, 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 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.

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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 needed to build out the project while also providing 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.

The current Avila Ranch developer, Wathen Castanos, has raised issue with the payment of impact fees being charged. 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.” As described above, the City is currently having ongoing discussions with the developer regarding the fees and payments and have met with mediator on August 10, August 24, and November 16, 2023. The City and developer have come to tentative resolution on most items. The City and developer will continue to meet with a mediator, as needed, to resolve issues identified in the tolling agreement, and a settlement agreement will be completed when all issues are resolved.

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

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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.

In an April 10, 2023 letter to the developer, City staff indicates that several items must be completed prior to acceptance of the Phase 1 in-tract improvements and start of one-year warranty period. These include:
 Punchlist items for Subdivision Phase 1 improvements, including landscaping, fog seal all new street improvements, permanent thermo striping, and other final improvement items. Resolution of Basin A is also included here, which has become a wet basin due to high ground water in the area
 Survey monuments (street monumentation and property corners)  Stormwater Control Plan O&M Manual
 Conditions of Approval and Mitigation Measures matrices demonstrating completion and/or compliance with obligations for Phase 1 The full bond for Phase 1 in-tract improvements may be exonerated with:
 Public Works inspection approval that there are no remaining maintenance or warranty items after the one-year warranty period;
 Submittal, review, and approval of a post-construction landscape and restoration report per MM BIO-2g; and
 Submittal, review, and approval of record drawings. Record drawings must include CAD files and the record drawing submittal must incorporate field changes, RFIs, design revisions etc. from both City inspection and City engineering redline plan sets.

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 authorized services as well as authorized facilities.

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The City is authorized to levy the tax through the annual property tax roll. Fiscal Year 2022-23 was the first year in which the special tax was levied against taxable parcels of the CFD. The Mello-Roos Community Facilities Act of 1982 as well as Section 10(ii) of the CFD resolution have 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 August 15, 2023.

Previous Council or Advisory Body Action
The following relevant City Council or Advisory Body actions have occurred relevant to the project:
 Vesting Tentative Tract Map (VTTM) Tract 3089, Avila Ranch Devlopment Plan, and the Final EIR were 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 permits related to Phases 4 and 5 have been issued.
 An application for review of Phase 5 of development was recommended for approval by the Architectural Review Commission (ARC) on June 20, 2022. This area would include up to 101 dwelling units in the R-1 zone. Based on the recommendation of the ARC, the Planning Commission (PC) approved the R-1 product in Phase 5 on July 13, 2022, by Resolution PC-1065-2022. Building permits for this phase have not been submitted.

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 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.
 The final map for phases 2 and 3, which would accommodate the remaining 118 units within the R-2 zone and 145 units within the R-4 zone, was approved by the City Council on January 23, 2024 (Resolution 11472). The final map has not yet been recorded, pending finalization of the Subdivision Agreement.  The Public Improvement Plans for Phases 2 and 3 were approved in September 2023 and are under construction. The plans were subsequently revised to include the required multi-use path bridge over Tank Farm Creek north of Buckley Road, consistent with Mitigation Measure TRANS-11. The change in timing of this required mitigation measure was approved by the City Council on January 23, 2024. An Addendum to the Final EIR documenting this change was also approved at that time.
 The Affordable Housing Agreement for Phase 3 (addressing multi-family housing in the R-4 zone) was approved by the City Council on January 23, 2024, and will be recorded with the final map. This agreement calls for 90 affordable and 25 workforce units within the overall Avila Ranch development, compared to the 71 affordable and 25 workforce units included in the original Development Agreement.  An application for review of the multi-family R-4 portion of Phase 3 of the development was recommended for approval by the Architectural Review Commission (ARC) on October 2, 2023. This area would include up to 145 dwelling units in the R-4 zone in two separate projects, including 59 affordable housing units. Based on the recommendation of the ARC, the Planning Commission (PC) approved the R-4 development in Phase 3 on February 14, 2024, by Resolution PC-1083-2024. A second Addendum to the Final EIR was prepared to address the impacts of a density bonus, which increased the number of units from the 125 approved in the original Avila Ranch Development Plan to 145, finding no additional impacts or mitigation measures would be required.

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.

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

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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 2023-24
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 $8,640. 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.

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 August 15, 2023.

Item 6d

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 – Summary of Compliance with the Avila Ranch Development Agreement B – Summary of Compliance with the Avila Ranch MMRP
C – Summary of Compliance with the Avila Ranch Project Conditions D – Avila Ranch Mitigation Monitoring and Reporting Plan (March 2024) E – Avila Ranch Development Agreement (provided via hyperlink) F – First Administrative Amendment to Avila Ranch DA

Avila Ranch
Compliance with Development Agreement, Map Conditions, and Mitigation Measures March 2024 Subject to Reimbursement
Fair Share Payments
Development Agreement
Item DA ID Summary Description Timing and Compliance Status 1 1.03.a.1 Agreement terminates on 20th anniversary of effective date (11/2/37) 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 ongoing; annually 3 1.03.a.3 Agreement terminates once development and conditions are satisfied ongoing; annually 4 1.04.1 & 1.04.2 Agreement must be executed 5 days after Ordinance adoption; to County Recorder within 10 days ongoing; COMPLETED 5 5.03 Form Community Facilities District (CFD) or other financing mechanisms ongoing; COMPLETED 6 5.04.2.f Payment of all then-current processing fees for any subsequent planning applications and permits ongoing; as new applications are made 7 5.04.2.g Reimbursement/ Credits for developer improvements beyond fair share cost 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 ongoing; monthly 9 5.04.2.j Payment of California Department of Fish & Wildlife fees + County/Clerk Recorder Fees 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 ongoing; annually 11 6.02.2 City may require oversizing of backbone infrastucture, under certain conditions as needed 12 6.04.1 Applicant to make all reasonable efforts to purchase off-site improvement properties as needed 13 7.02.1.b Developer to complete first two phases and infrastructure within 7 years of effective date ongoing 14 7.02.1.c Developer to conform with phasing shown in Table ongoing 15 7.03 Developer to dedicate 18.25 acres of parkland to satisfaction of PRC coordinate with PRC 16 7.04 Developer to dedicate at least 50 acres of ag/open space onsite and preserve 50 acres offsite applicant coordinating with City staff 17 7.05 Provide affordable and workforce housing per Exhibit G applicant coordinating with City staff 18 7.07 Developer to provide accelerated compliance with energy standards applicant coordinating with City staff 19 7.08.a Developer to provide accelerated compliance with Climate Action Plan applicant coordinating with City staff 20 7.08.c Install water infrastructure for offsite annexations near Broad and Buckley per Exhibit H 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 applicant coordinating with City staff 22 7.11 Construct all needed traffic improvements shown on Exhibit C; plus fair share portions of others applicant coordinating with City staff 23 7.12 construct and/or fund bike improvements per Exhibit J applicant coordinating with City staff 24 7.13.6 Developer to provide all cable for internet connections as utilities are constructed 25 10.01 Annual evaluation of the MMRP and DA to ensure compliance ongoing; annually 26 11.01 Annual evaluation of the MMRP to ensure compliance ongoing; annually 27 11.02 Annual evaluation of the DA to ensure compliance ongoing; annually 28 11.02.02 CDD to issue "Finding of Development Agreement Compliance" based on review ongoing; annually 29 12.01 Any DA provision out of compliance must be cured within 60 days ongoing 30 7.09 Build all necessary storm drain facilities prior to subdivision map approval* 31 5.04.2.b; Amendment 1 Payment of all development impact fees: Citywide, Project Specific, LOVR Interchange prior to each Final Map recordation 32 5.04.2.c Payment of development impact fees: Water & Sewer prior to each Final Map recordation 33 7.13.1 Include airport hazard related language in CC&Rs with CC&Rs for each subdivision 34 7.10 Build interim fire station on Lot 302 at buildout of 361st unit prior to construction of 361st unit

Avila Ranch
Compliance with Development Agreement, Map Conditions, and Mitigation Measures March 2024
Mitigation Measures
Item MM ID Summary Description Compliance Status
1 AG-2a Install fencing and signs along Buckley to minimize trespass 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 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 completed with Phase 1 improvements 4 BIO-2a Tank Farm Creek bike path alignment BMMP completed Jan 2019; field verify as needed 5 BIO-2b Prepare Biological Mitigation Plan - habitat restoration BMMP completed Jan 2019; field verify as needed 6 BIO-2c Prepare Biological Mitigation Plan - wetland and riparian mitigation BMMP completed Jan 2019; field verify as needed 7 BIO-2d Preserve southern 275 feet of N-S creek to protect riparian woodland BMMP completed Jan 2019; field verify as needed 8 BIO-2e Stockpile emergent vegetation (cattails) to plant later in realigned creek BMMP completed Jan 2019; field verify as needed 9 BIO-2j Tank Farm Creek Class I bike bridge to be placed outside mapped riparian BMMP completed Jan 2019; field verify as needed 10 BIO-3b Implement special status species protection measures BMMP completed Jan 2019; field verify as needed 11 BIO-4 Conduct bat surveys in building proposed for demolition Plan Completed; field monitoring as needed 12 BIO-5a Shield all lights facing Tank Farm Creek BMMP completed Jan 2019; field verify as needed 13 BIO-5b Creek restoration to include native trees to minimize light spillover BMMP completed Jan 2019; field verify as needed 14 BIO-6 All work within 100 feet of Tank Farm Creek to occur April 15-October 15 BMMP completed Jan 2019; field verify as needed 15 HYD-2a Submit Master Drainage Plan Following Sept 2018 Phase 1 Drainage Report; field verify as needed 16 HYD-3a Submit Cumulative Master Drainage Plan Following Sept 2018 Phase 1 Drainage Report; field verify as needed 17 HYD-3b Design bridges, culverts and drainge per City specs City verifying as needed through review of improvement plans 18 HYD-4a Geotech study needed for HDD areas - part of Utilities Plan City verifying as needed through review of improvement plans 19 HYD-4b Frac-Out Contingency Plan needed for HDD areas - part of Utilities Plan Frac-Out Plan Prepared April 2022; followed as needed 20 UT-2 Utility infrastructure subject to city approval. Applicant to construct. City verifying as needed through review of improvement plans 21 AQ-1a Prepare Construction Activity Management Plan (CAMP) Completed Feb 2019; field verify as needed 22 AQ-2a Implement APCD conservation requirements Shown on plans; need to field verify 23 AQ-2b Implement APCD AQ Handbook strategies Shown on plans; field verify as needed 24 BIO-1a Prepare Biological Mitigation Plan - implement BMPs BMMP completed Jan 2019; need to field verify BMPs 25 PS-1 Prepare and implement Security Plan with SLOPD Security Plan submitted in June 2021; Phase 203 Security Plan submitted 10/2023 26 PS-2 Fair Share Contribution to Fire Protection Service as part of CFD See DA; Impact fees paid with building permits; CFD in place 27 TRANS-3b Install traffic calming measures required by Policy 8.1.3 Satisfied through Phase 1; subsequent phases will be reviewed for compliance. 28 TRANS-5 Pro Rata share for Buckley/227 roundabout Complete - AR paid full share to County w/ Phase 1 Map 29 TRANS-8a Pay LOVR subarea fee Ongoing w/ each building permit 30 TRANS-8b Re-time signal at LOVR/Higuera Complete. Signal timing study provided by AR, City is implementing timing plans. 31 TRANS-14 Pay citywide TIF for Class I bike path from Buckley/Higuera to LOVR/SB101 Satisfied with Citywide TIF payment 32 TRANS-15b Pay fair share to improve Tank Farm/Higuera Satisfied with Citywide TIF payment 33 TRANS-15c Pay fair share to improve Tank Farm/Horizon Satisfied with Citywide TIF payment 34 TRANS-15d Pay fair share to improve Buckley/Vachell Weighted portion of fee paid with each phase. Phase 1 share paid. 35 TRANS-2a Prepare Transportation Improvement Phasing Plan Complete with Phase 1 36 TRANS-3a City to review roadways and driveways for compliance with City standards Complete for Phase 1 37 AG-1 Agricultural Conservation Easement In-lieu payment for phase 1 & 2, paid in full.

38 AQ-1c Develop offsite mitigation strategy 3 months before grading permits at least 3 months prior to grading permits, per APCD per letter of 3/21/19 39 BIO-1b Hire biological monitor to oversee construction activities Monitor approved; field monitoring as needed 40 BIO-2h Tank Farm Creek project activities to be performed when creek is dry BMMP completed Jan 2019; field verify as needed 41 CR-3a Retain archaeologist and Native American monitor before Phase 1 Monitor approved; field monitoring as needed 42 CR-3b Educational materials prior to grading and construction Monitor working with construction team 43 GEO-3 Prepare geotech study prior to site development Following Jan 2019 Geotech Plan 44 GEO-4 Geotech investigation to examine soil settlement Following Jan 2019 Geotech Plan 45 GEO-5 Geotech investigation to examine soil expansion Following Jan 2019 Geotech Plan 46 GEO-6 Geotech investigation to examine subsidence Following Jan 2019 Geotech Plan 47 HAZ-1 Prepare Health and Safety Plan Following July 2020 Health and Safety Plan 48 HYD-1a Submit NOI for discharge to SWRCB stormwater unit WDID for Phase 1 completed; WDID for Phases 2-6 pending 49 HYD-1b Submit SWPPP 45 days prior to start of work Completed Jan 2018 50 HYD-1c Install 8 drainage outlets in Tank Farm Cr during dry season (May-Oct) Field verification required per WDID 51 NO-1a Limit grading/construction timing to daylight hours and not on Sunday Field verify as needed 52 NO-1b Implement Noise attenuation techniques - BMPs Field verify as needed 53 TRANS-1 Prepare Construction Transportation Management Plan Phase 1 CTMP completed; Ongoing with each phase after that 54 AQ-1b Use low or no emission paints Field verification required 55 GEO-1 Building and infrastructure design to meet CBC City staff reviews for compliance as needed. 56 GEO-7 Limit GW pumping during drought Field verification required 57 NO-3a Include noise mitigation in residential design Verified through building plan approvals 58 TRANS-4 Prepare improvement plan for Horizon, Earthwood, and Suburban Phase 1 portion of obligation complete; will complete remainder in Phase 4 59 TRANS-6 NB RT lane at South/Higuera intersection Complete 60 TRANS-7a Higuera/Prado improvements; Prado Road widening Satisfied through Citywide TIF payment 61 TRANS-7b Tank Farm/Higuera second SB LT lane Complete 62 TRANS-10a Add ADA sidewalks on east side of Higuera from City limit to LOVR In design, construction required prior to Phase 2 63 TRANS-10b Add ADA sidewalks on east side of Higuera from Vachell to LOVR Complete 64 TRANS-10c Add ADA sidewalks on south side of Suburban from Higuera to Earthwood Complete 65 TRANS-13 Pay citywide TIF for second SB RT lane at LOVR/Higuera Satisfied through Citywide TIF payment 66 TRANS-15a Pay fair share to improve Prado/Higuera Satisfied through Citywide TIF payment 67 HYD-5 Prepare Development Maintenance Manual P1 Drainage Report (Sept 2018); Prelim Stormwater O&M Plan PH2-6 (May 2022) 68 TRANS-12 Bus stop provisions Phase 1 bus turnout complete; Phase 6 turnout pending 69 TRANS-11 Construct 2 bike bridges on Buckley over Tank Farm Creek Bridge on north side required prior to Phase 2 occupancy, bridge on south side deferred to Phase 4 70 CR-2a Data Recovery measures for CA-SLO-2798/H Field verification required; coordinate with monitor 71 CR-2b Retain monitor following grading of CA-SLO-2798/H Monitor approved; field monitoring as needed 72 GEO-2 Retail stores--goods stacked no higher than 8 feet TBD; in later phase 73 BIO-2g Prepare post-construction landscape and restortion report for each phase BMMP completed Jan 2019; field verify as needed 74 BIO-2i Hydroseed bare soils when grading is completed for each phase BMMP completed Jan 2019; field verify as needed 75 BIO-3a City-approved biologist to conduct onsite training to construction workers BMMP completed Jan 2019; field verify as needed 76 BIO-3c Survey for CRLF in Tank Farm Creek 48 hours prior to construction BMMP completed Jan 2019; field verify as needed 77 BIO-3d Survey for pond turtle in Tank Farm Creek 48 hours prior to construction BMMP completed Jan 2019; field verify as needed 78 NO-1c Contractor to inform resiednts within 300 feet of noise Field verify as needed 79 NO-3b Buckley Road rubberized asphalt PW to verify Buckley Road Widening Plan provisions through PIP approvals

Avila Ranch
Compliance with Development Agreement, Map Conditions, and Mitigation Measures March 2024 Subject to Reimbursement
Fair Share Payments
Map Conditions
Item Condition Summary Description Compliance Status
1 5 Applicant to hold city harmless
2 1 Submit written report showing compliance with conditions Developer to provide written documentation of compliance with this condition 3 3 Avigation easements must be recorded to be verified prior to map recordation 4 6 All easements must be shown on Final Map See DA for fee payment timing provisions 5 7 All offers of dedication must be shown on Final Map and PIPs 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 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 Confirmed 8 10 Offsite easement dedications as needed ok
9 11 CFD must be fully opertional prior to first phase Map approval CFD in place and operational. 10 15 Offsite ROW to be acquired by developer to the extent possible, otherwise condemnation ok 11 17 Secondary access required where more than 30 dwellings proposed Confirmed 12 18 fire access to be provided to satisfaction of fire chief Confirmed 13 19 All streets to conform to City Engineering Standards and the Specific Plan confirmed. 14 20 All subdivision improvements to conform to City Engineering Standards and the Specific Plan confirmed. 15 21 Final street sections to be approved in conjunction with drainage report done. 16 22 Traffic circle and roundabout to confirm to City Engineering Standards done. 17 33 Street trees required - one 15-gallon per 35 lineal feet to be verified prior to map recordation 18 97 Final Map to comply with City Engineering Standards part of Final Map review. 19 99 Transportation Improvement Phasing Plan to be submitted with each phase Confirmed for Phase 1 20 119 Dedicate access easements (between lots 7-10; 19-22; 87; 183; 230; 312 or 318; 341/342) part of Final Map review. 21 123 Add roadway classification sheet to Final Map consistent with EIR recommendations part of Final Map review. 22 24 Improvement Plans to include line of sight analysis Line of sight analysis included in Phase 1 PIP landscape plans. HOA required to maintain parkway. 23 25 Improvement Plans to address all conditions and mitigation Progress confirmed and will continue to monitor this issue. 24 29 Jurisdictional permits needed from key agencies Confirmed and will continue to monitor permitting requirements 25 34 PIPs to include analysis of tree removal 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 included in PIP's 27 38 PIPs must show public and private easements encroachmment permit required for pipes that cross public easements 28 39 street paving to be included in PIPs included in PIP's 29 40 PIPs to include construction phasing and management plan Confirmed Construction Management Plan provided w/ Phase 1 PIPs. 30 41 Developer to get copy of County as-built for Venture Lane and Vachell Lane; show improvements in PIPs Improvements included in PIP's 31 42 Street lighting and other improvements may be required for Venture and Vachell in PIPs Confirmed there is an existing streetlight at intersection already 32 43 Retaining wall and/or fence along property lines subject to Planning approval or ARC, SP or exception Included in PIP's 33 44 PIPs to show mail receptacles Mailbox kiosk shown in PIP's 34 45 Use porous concrete or pavers for private parking areas as feasible 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 Confirmed 36 54 City utilities in Buckley/Vachell to be approved by City and County via encroachment permit Buckley extension ends at intersection and is administered by County 37 55 PIPs to show gas main and easements gas lines shown on PIP's in right of way. 38 56 PIPs to show water, sewer and storm drains done.
39 58 Public utilities to be located in accordance with City and PUC done. 40 59 PIPs to show water meters done.
41 60 Final sewer report required prior to PIPs per Utilities dept.

42 61 PIPs to show overhead wire utilities done.
43 62 Street widening will required undergrounding utilities widening of existing steets not included in project. 44 63 Underground existing overhead wiring 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 done. 46 66 Landscape Plan to be consistent with City water conservation efforts done. 47 68, 69 PIPs to verify how wetland features to be protected; non-native plants to be contained Natural Resources Manager to verify 48 71 Final pads to include certified pad construction and elevations verified as needed by City Engineer 49 72 Cut and fill slopes to be protected as recommended by soils engineer verified as needed by City Engineer 50 73 Easement agreement needed for onsite creeks and channels; CFD HOA or other private maintenance verified by City 51 74-76 Grading and drainage plans required verified by City Engineer 52 77 PIPs to include complete grading, drainage and erosion control plans verified by City Engineer 53 78 Final drainage report and PIPs to consider on- and offsite drainage (Tract 2943--Earthwood) verified by City Engineer 54 79 Final drainage report and PIPs to consider run-on from 125 Venture verified by City Engineer 55 80 Final drainage report and PIPs to consider run-on from NE corner of Vachell and Venture verified by City Engineer 56 82 Indicate revised floodplain on PIPs and Final Map verified by City Engineer 57 83 Indicate various drainage, well and other features on final map verified by City Engineer 58 84 provide final HEC-RAS modeling for drainage verified by City Engineer 59 85, 86 final drainage plans must address trash removal verified by City Engineer 60 95 Obtain and approve SWPPP City Engineering to verify with RWQCB 61 101 Earthwood to be restriped for Class II bike lanes Confirmed 62 121 PIPs to include striped bike lanes on streets with Class II bikeways Confirmed for Phase 1 63 4 Enter into and record affordable housing agreement with City Done with phase 1 map 64 14 Notice of Requirements to be recorded at City's written request with recordation of Final Map Done with phase 1 map 65 16 Prove property title for offsite improvements done. 66 23 Developer to file Notice of Requirements with each map phase Done with phase 1 map 67 35 PIPs for onsite and offsite to be approved prior to map recordation done for phase 1. 68 100 Complete design of Improvement Plans for signal at LOVR/Higuera, sign at Higuera/Buckley for 101 accessDone 69 101 Earthwood extension to be designed Confirmed, completed with Phase 1 70 116a Pay fair share fees for roundabout at Buckley/227 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 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 Satisfied with payment of Citywide TIF fees 73 116d Pay fair share fees for widending Prado/Higuera intersection (dual LT, dual thru, RT) Satisfied with payment of Citywide TIF fees 74 116e Pay fair share fees for Higuera/Tank Farm cumulative improvements Satisfied with payment of Citywide TIF fees 75 116f Pay fair share fees for Tank Farm/Horizon improvements (NB RT or roundabout) Satisfied with payment of Citywide TIF fees 76 117 Design and initiate improvements to allow two bus stops; Final Map to reflect Confirmed for Phase 1 PIPs 77 118 Complete design for in-tract traffic calming, per MM TRANS-3b goes with each map phase 78 26 Separate permits required from SLO County for construction staging; City to review Encroachment permits issued and will continue to monitor 79 47 No potable water used during construction; recycled water to be used Utilities Dept to confirm, permit and monitor 80 53 Relocate utilties affected by road improvements outside tract boundary approved by Utilities Director 81 67 Obtain permits from RWQCB, ACOE and CDFW verified by Community Development or Public Works Dept 82 94 Verify LID compliance of grading and drainage plans verfied by Project Soils Engineer 83 96 Verfiy compliance with AQ standards from APCD APCD to verify in a letter 84 128 AG and OS areas to be delineation prior to demolition, subdivision grading and development 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 temporary fencing (and possibly permanent) required 86 130 Conduct pre-construction surveys for Vernal Pool Fairy Shrimp where appropriate; consult USFWS where wetland habitat could be disturbed 87 48 Recycled water pipeline infrastructure to be in place shown on plans. Will remain a requirement prior to building permits. 88 49 Water pipeline infrastructure to be in place shown on plans. Will remain a requirement prior to building permits.

89 50 Sewer infrastructure to be in place shown on plans. Will remain a requirement prior to building permits. 90 51, 52 Dry utilities infrastructure to be in place approved by Utilities Engineer 91 57 public utilities to be approved by City Engineer shown on plans. Will remain a requirement prior to building permits. 92 64 Preliminary undergrounding plans to be processed through PG&E Processed through PG&E 93 70 Engineering soils testing may be needed on a lot-by-lot basis; final pds to be approved as detemined by City Engineer or Building Official 94 81 Demonstrate compliance with FEMA and City floodplain management requirements verified by City Engineer and FEMA 95 98 Construction to occur consistent with EIR phasing otherwise DP and EIR may require amendment 96 101 Earthwood extension to be built Complete
97 102 Suburban improvements from S. Higuera to Earthwood designed and construction initiated Portion required for Phase 1 (Suburban from Higuera to Earthwood) complete 98 105 Install Class II bike lanes along Vachell, between Buckley and Higuera Complete 99 110 Construct roundabout - Earthwood and Venture Complete 100 111 Initiate construction of S. Higuera sidewalks - between Vachell and LOVR Complete 101 112 Initiate NB extension of RT lane from Higuera to South Complete 102 114 Initiate Higuera/Tank Farm near-term improvements - second SB left turn to Tank Farm Complete 103 115 pay applicable citywide, LOVR subarea and AASP subarea transportation impact fees Ongoing w/ each building permit 104 122 Trip reduction plan is required; draft required prior to Phase 1 building permits Trip Reduction Plan approved by Transportation Division 105 124 Install continuous sidewalk along Vachell from Venture northward Complete 106 125 Design and install SB LT lane on Vachell at Venture Complete 107 126 Design ramp meter at SB 101/LOVR and submit to Caltrans for approval and encroachment permit Part 1 of COA 126 (Design & Install Ramp Meter at LOVR SB On-Ramp) is ongoing 108 126 Design ramp meter at SB 101/Higuera and submit to Caltrans for approval and encroachment permit Part 2 of COA 126 (Design Ramp Meter at US 101/S. Higuera) has been eliminated 109 2 Noise and safety disclosures to potential occupants and owners will be part of required disclosure statement to home buyers. 110 102 Complete Suburban improvements Portion required for Phase 1 complete. 111 103 Vachell/Venture; Vachell/Earthwood--access restricted to emergency, transit and bikes--completed Complete. Access restrictions on Vachell/Earthwood and Vachell/Venture removed 112 111 Complete S. Higuera sidewalks - between Vachell and LOVR Complete 113 112 Complete NB extension of RT lane from Higuera to South Complete 114 114 Complete Higuera/Tank Farm near-term improvements - second SB left turn to Tank Farm Complete 115 117 Complete bus stops Earthwood bus stop completed; verifying routes with SLO Transit/RTA 116 122 Trip reduction plan is required; approval required prior to Phase 1 occupancy Complete, approved by Transportation Division 117 126 Complete construction of SB 101/LOVR ramp meter 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) 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 Extension complete 120 104 Higuera/Vachell--access restricted to emergency, transit and bikes--construction initiated 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 Portion from LOVR to Vachell complete. Portion from City Limits to Vachell required prior to Phase 2 122 100 Buckley, signal, Class I bike path, Vachell, streetlights must be built prior to Phase 2 occupancy complete 123 104 Higuera/Venture--access restricted to emergency, transit and bikes--completed See above. 124 111 Complete S. Higuera sidewalks - between LOVR and City limit See above. 125 106 Complete design of improvements and make efforts to acquire needed offite land TBD 126 102 Improvements from Earthwood to Horizon initiated TBD 127 106 Initiate construction of Jespersen connection to Suburban TBD 128 107 Initiate construction of Buckley Road frontage improvements TBD 129 110 Construct roundabout - Jespersen and Venture TBD 130 110 Construct roundabout - Jespersen and Wright TBD 131 102 Improvements from Earthwood to Horizon completed TBD 132 106 Complete Jespersen improvements TBD
133 107 Complete Buckley improvements TBD
134 12 All private improvements to be owned and maintained by HOA ongoing as appropriate 135 13 All stormwater facilities to be owned and maintained by HOA ongoing as appropriate

136 27 Stormwater BMPs for Buckley Road subject to review and approval from SLO County to be verified by SLO County 137 28 Detailed plans for offsite improvements needed Ongoing 138 30 Access rights for key roadways to be offered Ongoing, with each map 139 31 Subdivider to install public street lights per city (and where applciable) County standards Ongoing, with each phase 140 32 Private street light allowed per City standards and/or ARC approvals ongoing with each phase subject to ARC 141 36 Demo permit required for removal of existing buildings and infrastructure ongoing as appropriate 142 87 Developer to prepare O&M manual for creek maintenance/stormwater BMPs verified by City Engineer 143 88 Homeowners to be notified of BMP requirements ongoing; with home sales 144 89-93 Maintenance responsibilities for creeks to be folowed by HOA or CFD as applicable verified by City Engineer and Natural Resources Manager as appropriate 145 103 remove the above access restrictions completed with Buckley extension 146 108 Specifications for Buckley intersection connections completed 147 109 Construct 2 bike bridges, one on each side of the existing Buckley-Tank Farm bridge Bridge on north side required prior to Phase 2. South side prior to Phase 4 per Council. 148 113 Pay fair share of Higuera/Prado near-term improvements - Prado bridge, left-turn lane at intersection Satisfied with Citywide TIF payment 149 120 On-street parking shall be prohibited except on local streets Confirmed for Phase 1 150 127 Provide potential for water well irrigation in OS/AG areas; wells to be approved by the city timing uncertain

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:

In-lieu payment for phase 1 &
2, paid in full. In compliance.

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 as construction
occurs

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.

Compliance Status:

BMMP completed Jan 2019;
field verify as needed.

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.

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

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 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 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 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:

Monitor approved; field
verification required as needed.

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 Prior to earthwork activities for each phase,
construction workers shall participate in an
educational program that will enable them to
The Project archaeologist shall
verify the training has been
completed by all construction

MITIGATION MONITORING AND REPORTING PROGRAM
Avila Ranch Development Project
21 Mitigation Measure Plan Requirements & Timing Monitoring/Compliance 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 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. 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
mitigation program and submitted to the City
for approval prior to issuance of grading
permits for each phase.
workers and shall ensure
construction workers follow
cultural resource recovery
protocols.

Compliance Status:

Ongoing; monitor working with
construction team.

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.

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

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-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:

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

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-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.

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

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

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.

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

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

Ongoing.

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
The City shall review grading
and construction plans for all

MITIGATION MONITORING AND REPORTING PROGRAM
26 Avila Ranch Development Project
Mitigation Measure Plan Requirements & Timing Monitoring/Compliance to City review and approval prior to issuance
of grading permits for each Project phase.
phases to ensure compliance.

City grading monitors shall
spot check for compliance.

Compliance Status:

Field verify as needed.

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.

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

The Master Drainage Plan shall set forth
measures to coordinate Project drainage with
Chevron Tank Farm remediation and
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.

The City shall confirm that
Chevron Tank Farm property
remediation is completed and
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 The Applicant shall prepare the Master
Drainage Plan, VTM, and Utilities Plan,
The City, USACE, CDFW, and
Central Coast RWQCB shall

MITIGATION MONITORING AND REPORTING PROGRAM
28 Avila Ranch Development Project
Mitigation Measure Plan Requirements & Timing Monitoring/Compliance and approved by the City Engineer, USACE, CDFW, and Central Coast RWQCB, and must meet city standards and policies.
demonstrating compliance with mitigation,
which shall be submitted for review to
USACE, CDFW, and Central Coast RWQCB
before approval by the City prior to final
Development Plan approval and recordation
of the final VTM.
check for compliance on plans.

The Environmental Monitor
shall review field compliance
and report issues associated
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 The Applicant shall prepare and update the
Development Maintenance Manual for each
The City shall review for
compliance.

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

Compliance Status:

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.

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

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
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.

City staff shall ensure
compliance throughout all
construction phases. Permit
compliance monitoring staff
shall perform periodic site
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 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:

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

Verified through building plan
approvals.

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
City staff shall ensure
compliance on Project
engineering and architectural

MITIGATION MONITORING AND REPORTING PROGRAM
32 Avila Ranch Development Project
Mitigation Measure Plan Requirements & Timing Monitoring/Compliance subject to review and approval by County
Public Works staff to ensure feasibility and
consistency with established design
standards for County roads.
plans prior to construction of
the Buckley Road Extension.

Compliance Status:

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; 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
The City shall ensure
compliance with the
Construction Transportation
Management Plan with periodic
inspections of the Project site
during construction.

MITIGATION MONITORING AND REPORTING PROGRAM
Avila Ranch Development Project
33 Mitigation Measure Plan Requirements & Timing Monitoring/Compliance  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
 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:
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
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.

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

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  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).
 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 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
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

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

Phase 2. The City shall confirm
this feature is incorporated
within Project plans.

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
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 path shall be completed prior to issuance of
the occupancy permit for the 50th unit of
Phase 4 development. This mitigation has
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 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 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 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 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
The City shall verify the
inclusion of the fee program
within the AASP shall collect
the pro-rated fee.

MITIGATION MONITORING AND REPORTING PROGRAM
38 Avila Ranch Development Project
Mitigation Measure Plan Requirements & Timing Monitoring/Compliance 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 amended AASP fee is created by the City it will suffice as appropriate mitigation for the Project’s participation in these improvements.
improvements to the intersections of Buckley
Road/SR 227, the Applicant shall pay the
impact fees prior to issuance of a building
permit for each unit.

Compliance Status:

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
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 City’s multi-year Capital Improvement Plan
and Financial Plan.

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 The Los Osos Valley Road fee program
requires payment of fees prior to each
building permit issuance. The Applicants
The City shall verify the
Applicant has contributed its
fair share payment and ensure

MITIGATION MONITORING AND REPORTING PROGRAM
40 Avila Ranch Development Project
Mitigation Measure Plan Requirements & Timing Monitoring/Compliance project and improvements along Los Osos Valley Road. The fee shall be associated with the 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. shall pay the Los Osos Valley Road subarea
fee prior to issuance of permits for all units.
adequate funding is collected
for the improvements.

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

Compliance Status:

MITIGATION MONITORING AND REPORTING PROGRAM
Avila Ranch Development Project
41 Mitigation Measure Plan Requirements & Timing Monitoring/Compliance occupancy permit for the first residence of
Phase 1 development.

Complete.

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.

Item 6e
Department: Public Works
Cost Center: 5201
For Agenda of: 4/16/2024
Placement: Consent
Estimated Time: N/A
FROM: Matt Horn, Public Works Director
Prepared By: Alex Fuchs, Mobility Services Business Manager SUBJECT: APPROVE TRANSIT SERVICE AGREEMENT BETWEEN THE CITY OF

SAN LUIS OBISPO AND CAL POLY

RECOMMENDATION
Authorize the City Manager to enter into a Transit Service Agreement with California State Polytechnic University to provide transit service for fiscal years 2024-25, 2025-26, and 2026-27.

POLICY CONTEXT
The execution of a Transit Service Agreement with California State Polytechnic University (Cal Poly) directly supports the Major City Goal of Climate Action, Open Space, and Sustainable Transportation. Increasing transit ridership also supports the City’s mode split objectives of the Circulation Element of the General Plan, the Active Transportation Plan, and of the Climate Action Plan.

DISCUSSION
In 1985, the City and Cal Poly executed the first Transit Service Agreement (TSA) to allow Cal Poly students, faculty, and staff free access to SLO Transit in exchange for an annual service fee paid directly by Cal Poly. Through this agreement, students, faculty, and staff must only present a valid identification card upon boarding to ride for free. The main purpose of the agreement is to encourage students, faculty, and staff to use mass transportation to commute to and from campus.

The Environmental Impact Report (EIR) for Cal Poly’s 2035 Master Plan identified potential significant transportation impacts with the plan’s implementation. Specifically, Impact 3.13-2
1 states that implementation of the plan “would increase demand for transit, which may require investments in additional transit service and/or facilities to maintain the level and quality of service necessary to retain and expand ridership.” Mitigation of this impact requires Cal Poly to work with SLO Transit support implementation of transit services and facilities including fair share contributions based on university-related ridership.

1 https://afd.calpoly.edu/facilities/planning-capital-projects/ceqa/master-plan/docs/feir/2020-05- 01_cp2035mp-feir_3-13.pdf

Item 6e
The current TSA was executed on July 20, 2022, and expires on June 30, 2024. The TSA does not provide options for term extensions, so a new agreement is necessary. City staff and Cal Poly have successfully negotiated a new agreement included with this report as Attachment A. The new agreement term commences on July 1, 2024, and ends on June 30, 2027, and provides an option to extend the term for an additional two years upon mutual approval of both parties. If approved, staff will route the TSA for signature by the City Manager and send Cal Poly a fully executed copy.

The new TSA is a three-year initial term with an option for a two-year extension if agreed upon by both parties. The agreement does allow parties to reopen the contract for renegotiation if either of the following occur: 1) Cal Poly ridership increases or decreases 10% or more in any year, or 2) City of SLO increase in fare box rate of 25% over the duration of the contract. However, this is meant to be a bridge agreement to allow SLO Transit time to fully recover from impacts of the pandemic. As a reminder, current City provided transit services is below pre-pandemic levels of service because recruiting and retaining transit workers continues to be a challenge. The 3A fixed route line that services Cal Poly is still running a limited service due to these driver shortages. Driver shortages are one of multiple variables affecting ridership. Other factors like on-time performance, cleanliness, and safety concerns that may be limiting ridership are also being addressed.

Council has authorized additional driver funding and staff is working with the City’s transit operations and maintenance contractor as well as the transit worker’s union to negotiate and finalize the hiring incentives terms. Once complete and staffing levels increase, full restoration of pre-pandemic transit services will be available, which is a key component to increasing ridership and a key component to obtaining a long-term agreement with Cal Poly. Service restoration is a key but not the only component necessary to increase ridership. A Short Range Transit Plan update is underway to identify, prioritize, and recommend service changes to better meet the community needs with the intent to return ridership levels to pre-pandemic normal.

Previous Council Action
On July 19, 2022, City Council authorized the City Manager to enter into a two-year Transit Service Agreement with Cal Poly which expires on June 30, 2024.

Public Engagement
Members of the Public will have an opportunity to provide public comment prior to or during the City Council meeting.

CONCURRENCE
Cal Poly’s President’s Office concurs with the terms of the agreement and supports continued transit service to their campus.

Item 6e

ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) does not apply to the recommended action because the action does not constitute a “project” under CEQA Guidelines Sec. 15378.

FISCAL IMPACT
Budgeted: Yes Budget Year: 2024-25
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 $ $ $ $
Transit Service Agreement Revenues to the Transit Fund
Funding
Sources
FY 2023-24
(Current
Contribution)
FY 2024-25 FY 2025-26 FY 2026-27
Transit Fund $ 750,000 $ 750,000 $ 750,000 $ 750,000
The revenue from the TSA contributes toward SLO Transit’s cash fares which is used to calculate its Farebox Recovery Ratio (FRR). SLO Transit’s FRR for fiscal year was 23.2% which is above the 20% minimum required by the State of California to qualify for certain funding opportunities. The TSA revenue makes up about 77% of all cash fares received annually and is used to support on-going operations and maintenance of SLO Transit’s fleet, bus stops, and bus facilities that is not covered by federal and state grant funds.

ALTERNATIVES
Council could decide not to approve the Transit Service Agreement with Cal Poly.

This action is not recommended by staff because Cal Poly makes up a majority of SLO Transit’s ridership and helps SLO Transit to maintain a 20% minimum farebox recovery ratio. The agreement also provides a significant amount of the cash fares SLO Transit uses to cover operating costs.

ATTACHMENTS
A - Transit Service Agreement with Cal Poly

1 BUS SERVICE AGREEMENT

BY AND BETWEEN

CALIFORNIA POLYTECHNIC STATE UNIVERSITY AND

THE CITY OF SAN LUIS OBISPO

1. Preamble
The City of San Luis Obispo (“the City”) operates a public transportation system in and around the San Luis Obispo area, primarily composed of its “SLO Transit” bus service (“Bus Service”). California Polytechnic State University, on behalf of the CSU Board of Trustees, (“Cal Poly”) is a public university situated adjacent to the City.

The students, faculty and staff at Cal Poly enjoy the benefits of these Bus Services. Cal Poly students constitute a significant portion of bus ridership. Cal Poly wishes to encourage students, faculty, and staff to use these Bus Services as part of its overall transportation and sustainability strategies and as a convenience to its students.

City has adopted its Climate Action Plan (CAP) with the goal of carbon neutrality by 2030.

The CAP identified the City’s public transportation system as a vital component to meet this goal. The City wishes to provide public transportation services to the community to comply with the CAP.

The City of San Luis Obispo and Cal Poly partnered in a joint process to develop a financial model that provides each entity a multi-year, sustainable financial path related to transit cost recovery/costs for services required to serve the Cal Poly community.

In furtherance of these mutual goals and benefits, the parties hereby enter into the following Agreement.

2. Term
The term of this Agreement will commence on July 1, 2024, and end June 30, 2027.

This Agreement supersedes all terms and conditions contained in all previous agreements between the parties. This Agreement may be extended for two additional years upon mutual written agreement of the parties.

2 3. Bus Services
a. No Fare: In exchange for the consideration described in Section 4, no fare of any kind shall be charged to Cal Poly students, faculty, and staff upon presentation of a valid Cal Poly ID card.
b. Base Transit Service
i. Definition: “Base Transit Service” shall be defined as all Bus Services, including all daytime and evening routes servicing the Cal Poly campus (“Cal Poly Routes”) located at 1 Grand Avenue, San Luis Obispo, CA 93407.
ii. Changes to Base Transit Service

1. No changes will be made to Base Transit Service without first notifying Cal Poly’s Associate Vice President for Financial Services (AVP) or designee. Upon request, the City will meet and confer with the AVP to discuss any such changes and their potential impacts on the Cal Poly community. During this meet and confer process, the City will, in good faith, consider any alternatives presented by Cal Poly. The City further agrees to include the AVP in its planning and development process to the extent changes in Base Transit Service may result.

2. No changes will be made to Cal Poly Routes without having met and conferred with Cal Poly.

3. To the extent changes to Base Transit Service, whether consented to or otherwise, materially impact Cal Poly’s beneficial use of Bus Services provided by the City, the parties will meet and confer to discuss potential reduction of consideration as described in Section

4. Consideration
Cal Poly agrees to pay the City in exchange for the services described in this Agreement in accordance with the following terms and conditions:
a. Payment: Cal Poly will make annual fixed payments to the City for Bus Services as described in Section 3(a) based on the below schedule. Payment will be made in arrears quarterly.

3 Period Annual Payment Quarterly Payment
July 1, 2024 through June 30, 2025 $750,000 $187,500
July 1, 2025 through June 30, 2026 $750,000 $187,500
July 1, 2026 through June 30, 2027 $750,000 $187,500
July 1, 2027 through June 30, 2028 $750,000 ** $187,500 July 1, 2028 through June 30, 2029 $750,000 ** $187,500 ** If extended
b. Fare Changes: City is mandated to maintain a 20% farebox ratio to remain eligible for state funding. The City will increase fares if state funding is in jeopardy. The City will meet and confer with CAS Coordinator to discuss any fare increase. Any new fare will be used to determine quarterly payments under Section 4(a) while that fare is in effect.
c. Reopener: The parties retain the option to request a contract reopener if the following events occur: 1) Cal Poly ridership increases or decreases 10% or more in any year, or 2) City of SLO increase in fare box rate of 25% over the duration of the contract. If neither occurs the annual payment amount shall remain as listed in Section 4(a).

5. Full Disclosure
The City agrees to share with Cal Poly all relevant information and documentation relating to City’s operation of Bus Services. Reports and related documents on the subjects enumerated below will be provided to Cal Poly’s Director of Transportation and Parking Services or designee on a regular basis as prepared during the ordinary course of business.

The City will provide any other relevant documents or information upon request, including but not limited to the following:
a. Revenue and expenses (operational costs)
b. Ridership
c. Farebox ratio
d. Bus Replacement
e. Discretionary Grant Applications
Cal Poly agrees to share with City all relevant information and documentation relating to the parking fund and funding to the zero-fare bus pass program.

6. Cooperation
It is in the interest of both parties to cooperatively pursue any and all opportunities to reduce costs, increase revenues and to execute plans for a more efficient transportation system. To

4 this end, both parties agree to make their respective resources available to advance the following goals and activities including:
a. Bus Service promotion and marketing
b. Identify and apply for grants
c. Rider surveys
d. Bus Service planning and development
e. Cal Poly Master Plan development

7. Insurance
The City and Cal Poly are self-insured entities. The City and Cal Poly, and each of their respective officers, employees and agents, shall be named as additional insureds under the commercial general liability insurance policy maintained by the transit service provider contracted with by City to provide public bus transit services in and around the City of San Luis Obispo.

8. Entire Agreement, Amendments
This Agreement constitutes the entire agreement between the parties and supersedes any and all prior discussions, negotiations or agreements, whether written or oral, that are not fully set forth in this Agreement. This Agreement may only be amended, modified, or extended by a writing executed by all Parties.

AGREED:

CAL POLY ON BEHALF OF CITY OF SAN LUIS OBISPO

CSU BOARD OF TRUSTEES
Signature
Dru Zachmeyer
Signature
Name
Assistant Vice President, SBS
Name
Title Title
Date Date

Item 6f
Department: Public Works
Cost Center: 5008
For Agenda of: 4/16/2024
Placement: Consent
Estimated Time: N/A
FROM: Matt Horn, Public Works Director
Prepared By: Greg Cruce, Deputy Director – Maintenance Operations SUBJECT: AUTHORIZE USE OF COMPLETED PROJECTS FUNDING TO

EXPEDITE FLEET REPLACEMENTS

RECOMMENDATION
Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, approving the transfer of Completed Project Funding to expedite approved Fleet Replacements.”

POLICY CONTEXT
In September of 2020, the City Council adopted Resolution No. 11159, which includes the goal of community-wide carbon neutrality by 2035 and municipal operations by 2030. In August of 2021, Council adopted the “Lead by Example” plan and Resolution No. 11263, which includes a goal for to the City to eliminate fossil fuel in vehicles and equipment, with the following objectives:

1. Achieve 100% all-electric light duty vehicles, excluding long range and certain public safety vehicles.

2. Achieve 50% zero emission medium and heavy-duty vehicles.

3. Achieve 100% all-electric transit fleet.

4. Achieve 100% all-electric equipment, excluding certain heavy-duty equipment, pumps, and backup generators.

The City reaffirmed Climate Action as a Major City Goal in the 2023-25 Financial Plan.

This unexpected purchasing opportunity has undergone a thorough policy review, and Council approval is required based section 405 – H, Section 3 of the City’s Financial Management Manual.

DISCUSSION

Item 6f
Background
On January 29, 2024, four new Ford Lightnings vehicles were incorrectly shipped to the City by a dealership from which the City regularly purchases vehicles. While these vehicles are not required to be purchased by the City, due to recent procurement challenges of electric vehicles, staff is recommending purchasing these vehicles.

Purchasing these vehicles complies with the City’s Climate Action Goals, accelerates the City’s “Lead by Example” plan, reduces asset maintenance needs of older more maintenance intensive internal combustion engines vehicles, and by advancing replacement of internal combustion engines vehicles reduces the City’s carbon footprint.

Staff reviewed the fleet replacement plan currently approved in the 2023-25 Financial Plan and determined that one of the four Lightenings could be purchased to replace an asset identified for replacement this year. Staff also identified three vehicles that, although not identified for replacement this year in the current financial plan, would benefit the City by replacing now and advance the City closer to the goal of an 100% all-electric light-duty fleet by 2030, and a purchase order is pending for these vehicles. The Parking Services Program within the Public Works Department currently has a fleet asset replacement scheduled in the 2024-25 Fiscal Year, and the Water Distribution Program within the Utilities Department has two fleet assets scheduled for replacement in the 2025-26 Fiscal Year. These three vehicles are recommended for expedited replacement because they are older vehicles and recently have been problematic with breakdowns, at times leaving both the Parking Service and Water Distribution programs without the necessary vehicles to complete their work. Additionally, the two vehicles assigned to the Water Distribution Program are 2010 Dodge Dakotas, and the City has experienced that replacement parts have become more challenging to procure requiring staff to find and use parts from an auto dismantler.

It should be noted that, in addition to the many factors previously mentioned benefiting the replacement of these vehicles with all electric vehicles, the City will save approximately $5,000 per vehicle due to the price increase between the 2023 and 2024 models. Additionally, these vehicles are eligible for the $7,500 rebate through the federal government and may potentially qualify for other local rebates. Staff will apply for all applicable rebates.

Previous Council or Advisory Body Action
September 2020 – City Council adopted Resolution R-11159, which includes the goal of community-wide carbon neutrality by 2035 and municipal operations by 2030.

August 2021 – City Council adopted the “Lead by Example” plan, which includes the goal that the City eliminates fossil fuel in vehicles and equipment by 2030.

September 2022 – City Council adopted the Fleet Replacement Policy.

June 2023 – City Council adopted the 2023-25 Financial Plan, which includes the recommended fleet replacements within the five-year capital plan.

Item 6f
Public Engagement
This is an administrative item intended to carry out previously approved plans and direction, so no public engagement was completed specific to the proposed purchase of these electric vehicles. Public comment can be provided to the City Council through written correspondence submitted prior to the meeting and through public testimony during the meeting.

CONCURRENCE
The Finance and Utilities Departments concur with the proposed expedited replacements.

ENVIRONMENTAL REVIEW
The recommended action is not considered a “Project” under California Environmental Quality Act (CEQA) Guidelines Section 15378.

FISCAL IMPACT
Budgeted: Yes Budget Year: 2023-24
Funding Identified: Yes
Fiscal Analysis:

Funding
Sources
Total Budget
Available
Current Funding
Request
Remaining
Balance
Annual
Ongoing Cost
Parking Fund
(611): Completed
Projects Account
$169,082.85 $60,000 $109,082.85 $0
Water Fund
(601): Completed
Projects Account
$235,845.16 $120,000 $115,845.16 $0
State
Federal
Fees
Other:

Total $404,928.01 $180,000 $224,928.01 $0
To fund the vehicle replacements, the use existing funding within the completed projects account of Parking Fund and Water Fund is recommended.

Item 6f

ALTERNATIVES
The City Council could choose to deny the request. This approach is not recommended as the City would miss a valuable opportunity to procure necessary fleet replacement assets. Denying this request will result in increased costs, as these vehicles are invoiced from a 2023 quote. 2024 Lightnings will each cost approximately $5,000 more than the 2023 model delivered. The City is eligible for a $7,500 federal rebate incentive offered on each Lightning, which may not be applicable in the future. Denying the request could increase the challenge of meeting our CAP goal of 100% electric lightduty vehicles by 2030.

ATTACHMENTS
A - Draft Resolution approving funds to expedite approved Fleet Replacements

R ______
RESOLUTION NO. _____ (2024 SERIES)

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

OBISPO, CALIFORNIA, APPROVING THE TRANSFER OF COMPLETED

PROJECT FUNDING TO EXPEDITED APPROVED FLEET

REPLACEMENTS
WHEREAS, in September 2020 the City Council adopted Resolution R-11159, which includes the goal of community-wide carbon neutrality by 2035 and municipal operations by 2030; and
WHEREAS, the City Council adopted the “Lead by Example” plan, which includes the goal that the City eliminates fossil fuel in vehicles and equipment; and WHEREAS, the City Council adopted the 2023-25 Financial Plan that includes the recommended fleet replacements within the five-year capital plan; and WHEREAS, on January 29, 2024, four new Ford Lightnings vehicles were erroneously shipped to the City by a dealership from which the City regularly purchases vehicles, and while these vehicles are not required to be purchased by the City, due to recent procurement challenges of electric vehicles, staff is recommending purchasing these vehicles at this time; and
WHEREAS, the City issued a purchase order for one of the four new Ford Lightening vehicles as authorized in the adopted 2023-25 Financial Plan; and WHEREAS, replacement of the three additional vehicles will reduce replacement costs, decrease required maintenance and reduce the City’s carbon footprint; and WHEREAS, maintaining the City’s fleet is essential to operating programs that ensure the City of San Luis Obispo’s residents are healthy and safe.

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

SECTION 1. Council authorizes staff to transfer of $60,000 from the Parking Fund Completed Project Account to expedite the purchase of a new Ford Lightning.

Resolution No. _____ (2024 Series) Page 2
R ______
SECTION 2. Council authorizes staff to transfer of $120,000 from the Water Fund Completed Project Account to expedite the purchase of two new Ford Lightnings.

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

AYES:

NOES:

ABSENT:

The foregoing resolution was adopted this _____ day of ____________________ 2024. _______________________
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 6g
Department: Community Development
Cost Center: 4008
For Agenda of: 4/16/2024
Placement: Consent
Estimated Time: N/A
FROM: Timmi Tway, Community Development Director
Prepared By: Daisy Wiberg, Homelessness Response Manager SUBJECT: AUTHORIZE STAFF TO SUBMIT AN APPLICATION FOR FY 2023-24

SAN LUIS OBISPO COUNTY OUTREACH SERVICES FUNDING

OPPORTUNITY

RECOMMENDATION

1. Authorize staff to submit a funding application to San Luis Obispo County’s Adult and Homeless Services Division for Outreach Services funding opportunity in an amount not to exceed $100,000; and

2. Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, authorizing Funding Application for San Luis Obispo County Outreach Services Funding Opportunity in a total amount not to exceed $100,000 and authorizing the City Manager to execute all related grant documents,” approving the City’s application for the San Luis Obispo County Outreach Services funding opportunity; and

3. If the funding opportunity is awarded, authorize the City Manager to execute grant related documents and authorize the Finance Director to make the necessary budget adjustments and appropriations upon the award of funding.

POLICY CONTEXT
The recommended actions are in alignment with the City of San Luis Obispo’s Major City Goal for Housing and Homelessness, which directs staff to collaborate with local nonprofit partners, non-governmental agencies, the county, the state, and the federal government to advocate for increased funding and implementation of comprehensive and effective strategies to prevent and reduce homelessness.

Additionally, the City’s Homelessness Response Strategic Plan1includes key components for Regional Collaboration and Engagement and Funding Opportunities that directly support the recommended actions. The Regional Collaboration component prioritizes collaborating with the County’s Homeless Services team to establish and support regional priorities and implement strategies in alignment with shared regional goals, while the Funding Opportunities component prioritizes strategically applying for

1 City of San Luis Obispo’s Homelessness Response Strategic Plan

Item 6g
funding opportunities for homelessness response in coordination with the County and non-profit partners to secure funding that may become available through Federal, State, and other sources.

The recommended actions are also consistent with the City of San Luis Obispo’s Financial Management Manual, Section 740 – Grant Management Policy. The policy states that Council must approve all grant applications in excess of $5,000 and delegate receipt and contract execution to the City Manager.

DISCUSSION
Background
San Luis Obispo County’s Adult and Homeless Services Division released a FY 2023-24 Notice of Funding Availability (NOFA) on February 29, 2024, to fund homeless outreach services. Requested funds must be expended by June 30, 2024, and must supplement and not supplant existing funding. Despite this quick turnaround, staff has collaborated to determine how potential funds could be used in ways that are most beneficial to the community in the next several months. Awards will not exceed $100,000 per agency awarded, and the total number of awards depends on the number of proposals. Funds must be used to provide outreach to those experiencing homelessness in the community or who are at risk of homelessness in the community. Examples of funding uses include, but are not limited to:

1. Purchase of outreach materials

2. Design of outreach locations to make them more trauma informed and accessible

3. Provision of training to outreach staff or purchase of training materials

4. Provision of direct services to unsheltered individuals or individuals at risk of homelessness to encourage engagement with outreach staff

5. Outreach events

6. Supportive services to reunify unsheltered individuals with their family or secure permanent housing in the community

7. Adding capacity for outreach staff including limited term positions or paying for overtime for existing staff to extend their outreach capacity.

City staff from the Community Development, Police, and Fire Departments are proposing a funding request for $100,000 to be used for the purchase of outreach materials, provision of training to outreach staff, a resource fair and outreach event, supportive services to reunify individuals with family or agencies, and adding capacity for outreach staff.

Item 6g
The City’s proposal includes the following funding requests:

FUNDING

CATEGORY

FUNDING REQUEST FUNDING
AMOUNT
Outreach Materials
(Communications)
Printing Costs for 1,250 Homeless Resources
Pocket Guides for continued distribution to
unhoused community members, service providers,
businesses, and community members.
$1,500
Training
(Pilot Programs)
De-Escalation Training opportunity for City staff
and service providers; Development of Crisis
Intervention Training (CIT) curriculum, including
purchasing training materials.
$8,000
Outreach Events
(Regional
Collaboration &
Engagement)
Homelessness Response Resource Fair for
community members experiencing homelessness
or at risk of homelessness, to be hosted in
collaboration with Regional Partners in June 2024.

Budget includes funding for refreshments, printing
resource materials, and event supply costs.
$5,000
Supportive
Services
(Pilot Programs)
Family and/or agency reunification funding for the
Fire Department’s Mobile Crisis Unit (MCU) to
provide bus/train/plane tickets, meals, gas, and
treatment programing for reunification efforts.
$4,000
Outreach Staff
Capacity*
(Pilot Programs)
Supplemental funding for a Licensed Psych Tech
(LPT) to be paired with the Fire Department’s MCU
team, via contract with the County’s Behavioral
Health Department. Monthly cost estimate of
$10,500 for three months (April-June 2024).
$31,500
Outreach Staff
Capacity*
(Pilot Programs)
Supplemental funding for a Licensed Psych Tech
(LPT) to be paired with the Police Department’s
CAT team, via contract with the County’s
Behavioral Health Department. Monthly cost
estimate of $10,500 for three months (April-June
2024).
$31,500
Outreach Staff
Capacity
(Pilot Programs)
Contract Community Resource Coordinator (CRO)
to be paired with the Police Department’s CAT
team, via contract service, to provide outreach
services to unhoused community. Monthly cost
estimate of $9,250 for two months (May & June
2024).
$18,500
Total $100,000
*Alternatively, depending on availability of Licensed Psych Techs from the County Behavioral Health Department, funding may be allocated for additional outreach and supportive services facilitated through the CAT and MCU teams and partner agencies including hotel vouchers, no-cook food bags, and additional supportive services.

Item 6g
Given the cross-departmental structure of the City’s Homelessness Response efforts, the City’s proposal includes funding for the Community Development, Police, and Fire Departments to supplement existing programs, projects, and efforts to prevent and address homelessness.

The proposed activities outlined in the funding request table align with the following objectives included in the City’s Homelessness Response Strategic Plan:

1. Regional Collaboration & Engagement –
a. Work collaboratively with the County’s Homeless Services team to establish and support regional priorities and implement strategies in alignment with shared regional goals.
b. Strengthen relationships with key stakeholders to create alignment, accountability, and opportunities for resource sharing and collaboration. c. Coordinate regional encampment and street outreach and cleanup efforts with the County, service providers, and regional partners.

2. Communications –
a. Increase homelessness response communications.
b. Communicate consistent homelessness response messaging across region.

3. Pilot Programs –
a. Continue development of City-operated pilot programs and share best practices with County for potential regional implementation if proven effective.

4. Funding Opportunities –
a. Strategically apply for funding opportunities for homelessness response in coordination with the County and non-profit partners to secure funding that may become available through Federal and State, and other sources. b. Engage in efforts to leverage resources to develop a more robust regional service delivery system.

Public Engagement
This item is on the agenda for the April 16, 2024, City Council meeting and will follow all required postings and notifications. The public may have an opportunity to comment on this item at or before the meeting.

CONCURRENCE
The Homelessness Response Steering Committee, including the Police Chief and Fire Chief, are in support of the application.

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

Item 6g

FISCAL IMPACT
Budgeted: No Budget Year: 2023-24
Funding Identified: Yes
Fiscal Analysis:

Funding
Sources
Total Budget
Available*
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund
State
Federal
Fees
Other: SLO
County Adult
and Homeless
Services
$100,000
Total $100,000 $ $ $
*Total Budget Available amount assumes award of full funding request.

City matching funds are not required for this funding opportunity.

ALTERNATIVES
Deny the recommendation. The Council may deny staff’s recommendation to apply for the SLO County Outreach Services funding opportunity, based on findings of inconsistency with City policies and funding priorities. This alternative is not recommended as the funding will provide needed resources to support the City’s Homelessness Response programs and priorities.

ATTACHMENTS
A - Draft Resolution Authorizing Application for SLO County Outreach Services Funding Opportunity
B - Draft Application for FY23-24 SLO County Outreach Services Funding Opportunity

R ______
RESOLUTION NO. _______ (2024 SERIES)

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

OBISPO, CALIFORNIA, AUTHORIZING APPLICATION FOR

OUTREACH SERVICES FUNDING THROUGH THE SAN LUIS OBISPO
COUNTY’S ADULT AND HOMELESS SERVICES DIVISION, AND

AUTHORIZING THE CITY MANAGER TO EXECUTE ALL RELATED

GRANT DOCUMENTS
WHEREAS, San Luis Obispo County’s Adult and Homeless Services Division (“County”) issued a Notice of Funding Availability (“NOFA”), dated February 29, 2024, for Outreach Services in an award amount not to exceed $100,000; and WHEREAS, the City of San Luis Obispo (“The City”) desires to submit an application for Outreach Services funds to the County for review and consideration; and WHEREAS, the City’s Major City Goal for Housing and Homelessness and the City’s Homelessness Response Strategic Plan align with the Outreach Services funding opportunity.

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

SECTION 1. The City of San Luis Obispo is hereby authorized and directed to submit an application to the County, in response to the NOFA, for Outreach Services funding for an anticipated project cost of $100,000, and a total authorized amount not to exceed $100,000.

SECTION 2. If the Application is approved, the City Manager of the City of San Luis Obispo is authorized and directed to enter into, execute, and deliver all required grant documents, and all amendments thereto.

SECTION 3. Authorize the Finance Director to make the necessary budget adjustments upon award of the grant.

SECTION 4. The City of San Luis Obispo acknowledges and agrees that it shall be subject to the Application; the terms and conditions specified in the NOFA; the Funding Restrictions; and any and all other applicable law.

Resolution No. _____ (2024 Series) Page 2
R ______
SECTION 5. Grant funds received hereunder shall not be used to supplant expenditures controlled by this body.

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

AYES:

NOES:

ABSENT:

The foregoing resolution was adopted this _____ day of _______________ 2024. ___________________________
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

COUNTY OF SAN LUIS OBISPO

DEPARTMENT OF SOCIAL SERVICES

HOMELESS SERVICES DIVISION

Application for FY 23/24 Outreach funding
City of San Luis Obispo – FY23-24 Proposal

1. Applicant information:
 City of San Luis Obispo
 Daisy Wiberg, Homelessness Response Manager, 805.781.7025, [email protected]  919 Palm St., San Luis Obispo, CA 93401

2. Identified Need and justification:
 In March 2023, the City of San Luis Obispo adopted its first Homelessness Response Strategic Plan, in alignment with the Countywide Plan to Address Homelessness.

Components of the City’s Strategic Plan include regional collaboration and engagement, communications, data, pilot programs, and funding opportunities. To implement key tasks under each of those focus areas, additional resources are needed for the City’s Homelessness Response team, which includes the Police Department’s Community Action Team (CAT) and the Fire Department’s Mobile Crisis Unit (MCU). In addition to responding to emergency calls for service, the City’s CAT and MCU teams provide critical outreach to unhoused community members in the City of SLO to facilitate housing and service referrals, connect individuals to resources, and facilitate family and agency reunifications.

In 2023, the CAT team engaged with 408 individuals, providing 258 mental health and substance abuse treatment referrals, 6 family and agency reunifications, and 3 permanent housing placements. The MCU team had 3,285 points of engagement in 2023, including 265 dispatched calls for mental health and/or behavioral health crisis intervention and 56 transports to services. The MCU team also facilitated 91 family and agency reunifications in 2023.

3. Project Summary:
 Given the cross-departmental structure of the City’s Homelessness Response efforts, the City’s proposal includes funding for the Community Development, Police, and Fire Departments to supplement existing programs, projects, and efforts to prevent and address homelessness. Project components include funding for Homeless Resources Pocket Guides, De-Escalation and Crisis Intervention Training, a Homelessness Response Resource Fair, Family and Agency Reunification Efforts for the Mobile Crisis Unit, and supplemental funding for Licensed Psych Tech (LPT) positions with the Police and Fire Departments as well as a Community Resource Coordinator with SLOPD. The City is working with the County’s Behavioral Health Department to contract the LPT positions and if the positions are not filled before the funding deadline, requested funds may alternatively be allocated for additional outreach and supportive services facilitated through the CAT and MCU teams and partner agencies including hotel vouchers, no-cook food bags, and additional supportive services.

COUNTY OF SAN LUIS OBISPO

DEPARTMENT OF SOCIAL SERVICES

HOMELESS SERVICES DIVISION

Application for FY 23/24 Outreach funding

4. Intended Project Outcomes:
 1. Community Engagement – Connecting individuals experiencing homelessness with needed resources through a Homelessness Response Resource Fair and distributing 1,250 Homeless Resources Pocket Guides to unhoused community members, service providers, faith-based organizations, businesses, and community members through the Homelessness Response Forum and Resource Fair events. // 2. Enhanced Outreach Staff Capacity – Adding LPT positions and a Community Resource Coordinator to support CAT and MCU outreach efforts and to further integrate with the County’s Behavioral Health Dept. to provide more comprehensive outreach services. // 3. Field Staff Training Opportunities – Provide enhanced de-escalation training and crisis intervention training for City outreach staff.

5. Brief history of entity and why this entity is the preferred provider for this service:
 SLOPD’s CAT program has been in operation for over 10 years (created in 2013) and the Fire Department’s MCU program has been in operation since 2022. Both programs collaborate closely with regional partners including Transitions-Mental Health Association (TMHA), CAPSLO, SLO County Mental Health and Drug and Alcohol Services, and countless other agencies to provide referrals to comprehensive outreach and support services for unhoused community members. The City of SLO created its Homelessness Response Manager role in 2021 and adopted it’s first Homelessness Response Strategic Plan in 2023, in alignment with the Countywide Plan to Address Homelessness. Housing and Homelessness continues to be a Major City Goal for the City and regional collaboration is a key component in the City’s plans to prevent and address homelessness.

6. Budget:

COUNTY OF SAN LUIS OBISPO

DEPARTMENT OF SOCIAL SERVICES

HOMELESS SERVICES DIVISION

Application for FY 23/24 Outreach funding
The City’s proposal includes the following funding requests:

FUNDING CATEGORY FUNDING REQUEST FUNDING
AMOUNT
Outreach Materials
(Communications)
Printing Costs for 1,250 Homeless Resources Pocket Guides for continued distribution to unhoused community
members, service providers, businesses, and community
members.
$1,500
Training
(Pilot Programs)
De-Escalation Training opportunity for City staff and service providers; Development of Crisis Intervention Training (CIT) curriculum, including purchasing training materials.
$8,000
Outreach Events
(Regional
Collaboration &
Engagement)
Homelessness Response Resource Fair for community
members experiencing homelessness or at risk of
homelessness, to be hosted in collaboration with Regional Partners in June 2024. Budget includes funding for
refreshments, printing resource materials, and event supply costs.
$5,000
Supportive Services
(Pilot Programs)
Family and/or agency reunification funding for the Fire Department’s Mobile Crisis Unit (MCU) to provide
bus/train/plane tickets, meals, gas, and treatment
programing for reunification efforts.
$4,000
Outreach Staff
Capacity
(Pilot Programs)
Supplemental funding for a Licensed Psych Tech (LPT) to be paired with the Fire Department’s MCU team, via contract with the County’s Behavioral Health Department. Monthly cost estimate of $10,500 for three months (April-June 2024). $31,500
Outreach Staff
Capacity
(Pilot Programs)
Supplemental funding for a Licensed Psych Tech (LPT) to be paired with the Police Department’s CAT team, via contract with the County’s Behavioral Health Department. Monthly cost estimate of $10,500 for three months (April-June 2024). $31,500
Outreach Staff
Capacity
(Pilot Programs)
Contract Community Resource Coordinator (CRC) to be
paired with the Police Department’s CAT team, via contract service, to provide outreach services to unhoused
community. Monthly cost estimate of $9,250 for two months (May & June 2024).
$18,500
Total $100,000

Item 6h
Department: Community Development
Cost Center: 4008
For Agenda of: 4/16/2024
Placement: Consent
Estimated Time: N/A
FROM: Timmi Tway, Community Development Director
Prepared By: Teresa McClish, Housing Policy and Programs Manager Daisy Wiberg, Homelessness Response Manager
SUBJECT: APPROVE COOPERATING AGREEMENT WITH PEOPLE’S SELF-HELP

HOUSING FOR THE CALLE JOAQUIN HOMEKEY PROJECT AND
APPROVE AMENDMENTS TO RESOLUTION NO. 11439 (2023 SERIES)

RECOMMENDATION

1. Approve the Cooperating Agreement with People’s Self-Help Housing for the Calle Joaquin Homekey Project and authorize the City Manager, or their designee, to execute the agreement; and

2. Approve amendments to Resolution No. 11439 (2023 Series).

POLICY CONTEXT
The City’s General Plan 6th Cycle Housing Element1includes Safety as Goal 1, and Program 1.7 states “Continue to support local and regional solutions to homelessness by funding supportive programs services and housing solutions.” Additionally, providing financial assistance to affordable housing projects is a theme supported throughout the Housing Element. Housing Element Goal 2 is Affordability, which specifically states “Accommodate affordable housing production that helps meet the City’s quantified objectives.” HE Program 2.9 states “Assist with the issuance of taxexempt bonds, tax credit financing, loan underwriting or other financial tools to help develop or preserve at least 20 affordable units annually through various programs.” Goal 3 in the HE is Housing Conservation, to Conserve existing housing and prevent the loss of safe housing and the displacement of current occupants, and Policies 3.3, 3.5 and Program 3.9 respectively state:
 “Encourage the construction, preservation, rehabilitation or expansion of residential hotels, group homes, integrated community apartments, and singleroom occupancy dwellings;”  “Encourage and support creative strategies for the rehabilitation and adaptation and reuse of residential, commercial, and industrial structures for housing;” and

1 City of San Luis Obispo 6th Cycle Housing Element

Item 6h
 “Work annually with non-profit organizations, faith-based organizations, or the Housing Authority of the City of San Luis Obispo to encourage rehabilitation of residential, commercial, or industrial buildings to expand extremely low, very-low, low- or moderate-income rental housing opportunities.”
HE Goal 6 is Housing Production, which specifically states “Plan for new housing to meet the full range of community housing needs.” HE Program 6.20 states, “Continue to financially assist in the development of housing affordable to extremely low, very-low-, low- or moderate-income households during the planning period using State, Federal and local funding sources, with funding priority given to projects that result in the maximum housing benefits for the lowest household income levels.” Additionally, the City’s Homelessness Response Strategic Plan includes Objective 2: to support efforts to establish emergency/transitional housing for key beneficiary groups including chronically homeless individuals, medically vulnerable individuals, and families, with a key task to establish partnerships with housing developers and homeless services providers to submit funding applications in coordination with the County (e.g., Homekey Grant Funding) that will provide new transitional and permanent supportive housing resources for families.2

DISCUSSION
Background
On March 29, 2023, the California Department of Housing and Community Development (HCD) announced a notice of funding availability (NOFA) of approximately $736 million in Round 3 Homekey funds to sustain and rapidly expand the inventory of housing for people experiencing homelessness or at risk of homelessness.

On May 16, 2023, the San Luis Obispo County Board of Supervisors authorized a total of $2.6 million for the Homekey project to cover the estimated $650,000/year in project costs for four years. A subsequent commitment letter from the County authorized the project funding to be allocated for capital, renovations, and operations for the project.

On July 24, 2023, the City Council adopted a resolution3 authorizing the submittal of a joint application for Homekey Round 3 grant program funds in conjunction with People’s SelfHelp Housing (PSHH) for the proposed acquisition, rehabilitation and conversion of the 87-unit Motel 6 North located at 1433 Calle Joaquin in San Luis Obispo.

On December 19, 2023, and revised on January 18, 2024, HCD provided the City and PSHH a conditional Homekey Round 3 award commitment and acceptance of terms and conditions for the Calle Joaquin Homekey project for a capital award amount of $17,414,328 and operating award of $1,943,942. On January 22, 2024, the City Manager and CEO for PSHH, as co-applicants, executed the conditional award letter for Homekey Round 3 funding.

2 City of San Luis Obispo Homelessness Response Strategic Plan 3 Resolution No. 11439

Item 6h
Cooperating Agreement
The proposed Cooperating Agreement between the City and PSHH will provide the terms and provisions for the City and PSHH to construct and operate the Calle Joaquin Homekey project in accordance with the Homekey Standard Agreement, which will be drafted by HCD.

The proposed Cooperating Agreement (Attachment A) includes a provision requiring that it shall be construed to be consistent with the Standard Agreement. The Homekey Program is intended to meet urgent housing needs, and as such, requires aggressive implementation timelines. Homekey capital funds must be expended within eight months of the date of award, December 19, 2023. Acquisition, rehabilitation and/or construction must be completed twelve months form the date of award and full occupancy must be achieved by fifteen months from the date of award.

The City and PSHH anticipate receiving the Standard Agreement from HCD in April 2024 and, upon receiving the agreement, will confirm that the terms of the Cooperating Agreement are consistent with the Standard Agreement. Staff request authorization to amend the Cooperating Agreement to address any non-substantive inconsistencies, since staff anticipate that HCD’s Standard Agreement will not be negotiable. Staff is bringing forward this Cooperative Agreement in advance of the Standard Agreement due to the fast project timeline and need to continue to move the project forward. Staff does not anticipate substantive changes to the Cooperating Agreement; PSHH is familiar with the HCD Standard Agreement and was involved in the drafting of the Cooperating Agreement as a signing party.

Council’s authorization to apply for the program included an acknowledgement that the City shall be subject to the terms and conditions of the Standard Agreement.

Resolution Amendments
The State of California’s Department of Housing and Community Development (HCD), the entity which awards funds under the Homekey Program, requested corrections be made to the City of San Luis Obispo’s Resolution No. 11439 (2023 Series) for the Calle Joaquin Homekey project. Previously, on March 21, 2024, some non-substantive amendments were previously made administratively regarding the naming of all coapplicants for the project and the resolution was amended to include the City, Peoples Self-Help Housing Corporation (“Co-Applicant 1”), Calle Joaquin Homekey LLC (“Coapplicant 2”), quin LP (“Co-Applicant 3”). HCD has requested additional amendments to the previously adopted resolution that staff have determined require Council approval.

Prior to issuing a Standard Agreement for the Calle Joaquin Homekey project, HCD has requested amendments to the Resolution regarding the anticipated project cost and funding sources. When the originally adopted Resolution was executed, an anticipated award amount of $15,000,000 (with a not-to-exceed authorization of up to $22,000,000) was included in the Resolution, however the final award amount requested on the Homekey Round 3 application was $21,528,657. HCD requested the Resolution be amended to remove the anticipated award amount of $15,000,000 and replace it with the authorized amount not to exceed $22,000,000. Additionally, HCD requested that the City’s $400,000 Affordable Housing Funds (AHF) commitment be included in the Resolution as well as naming additional funding sources including: $150,000 Wells Fargo Homekey Accelerator Funding and $164,329 Deferred Developer Fee. All requested

Item 6h
revisions are included in the amended resolution (Attachment B). The three sections of the amended Resolution are outlined below, including language from the originally adopted Resolution and the proposed amendments to the Resolution:

Update #1 – Originally Adopted Resolution, Page 2, Section 3, Findings, No. 1:
“The City Manager or their designee is hereby authorized and directed to submit a joint Application to the Department in response to the NOFA, and to jointly apply for Homekey grant funds for an anticipated project cost of $15,000,000. Per the Homekey grant provisions, it is recommended to identify an authorized dollar amount that is at least double the anticipated award. In line with available funding allocation for the Central Coast Geographical Area, the total authorized amount shall not exceed $22,000,000.” The amended resolution will state:
“The City Manager or their designee is hereby authorized and directed to submit a joint Application to the Department in response to the NOFA, and to jointly apply for Homekey grant funds for an anticipated project cost not to exceed $22,000,000. Per the Homekey grant provisions, it is recommended to identify an authorized dollar amount that is at least double the anticipated award. In line with available funding allocation for the Central Coast Geographical Area, the total authorized amount shall not exceed $22,000,000.”
Update #2 – Originally Adopted Resolution, Page 2, Section 1, Findings:
“SECTION 1. Findings. The City Council does hereby make the following findings in support of the proposed AHF awards:”
The amended Resolution will state:
“SECTION 1. Findings. The City Council does hereby make the following findings in support of the proposed $400,000 AHF award:”
Update #3 – Originally Adopted Resolution, Page 3, Section 1, No. 5, Financial Effectiveness, Paragraph 2:
“This is a highly effective use of the City’s Affordable Housing Funds, as it will leverage additional funding sources as they demonstrate local support and commitment to the development. These funding sources include the Homekey Grant Round 3 $15 million, County of San Luis Obispo $2.6 million; and Private Foundation funding $800,000.

Project financial feasibility is dependent upon Affordable Housing Funds.” The amended resolution will state:
“This is a highly effective use of the City’s Affordable Housing Funds, in the amount of $400,000, as it will leverage additional funding sources as they demonstrate local support and commitment to the development. These funding sources include the Homekey Grant Round 3 award for an anticipated project cost of $21,528,657; County of San Luis Obispo funding commitment in the amount of $2.6 million; Private Foundation funding in the amount of $800,000; $150,000 Wells Fargo Homekey Accelerator funding; and $164,329 Deferred Developer Fee. Project financial feasibility is dependent upon the City’s Affordable Housing Funds.”

Item 6h
The requested amendments to the Resolution are consistent with the partnership structure outlined in the Homekey Round 3 grant application and do not alter the project, partnership, or the City’s financial obligations in any way. The anticipated award amount, Affordable Housing Fund commitment from the City, and additional funding sources were all outlined in the final Homekey Round 3 application that the City and PSHH submitted to HCD in July 2023.

Staff will submit the amended Resolution to HCD so that the Calle Joaquin Homekey project may move forward.

Next Steps
PSHH will administer subrecipient agreements with the County of San Luis Obispo, 5Cities Homeless Coalition, and other service providers for the provision of ongoing funding and services at the project site. The Balay Ko Foundation, a nonprofit corporation, has also committed up to $800,000 in gap funding for the project and the Wells Fargo Accelerator Fund contributed $150,000. The Housing Authority of San Luis Obispo (HASLO) will provide 60 Project Based Vouchers as Operational Subsidy in years 4-14 of the project.

The tentative project timeline for the Calle Joaquin Homekey project, which is subject to change, includes the following estimated milestones:
 Property Acquisition – May 2024
 Start of Rehabilitation & Construction – June 2024
 Collaboration with County and Service Providers on Coordinated Entry System for Calle Joaquin Homekey Housing Placements – August 2024
 Rehabilitation & Construction Complete – December 2024  Leasing Process Begins for Permanent Supportive Housing (PSH) Units – January 2025  Calle Joaquin Homekey Opening – March 2025
Previous Council or Advisory Body Action
On July 24, 2023, the City Council adopted a resolution authorizing the submittal of a joint application for Homekey Round 3 grant program funds in conjunction with People’s SelfHelp Housing for the proposed acquisition, rehabilitation, and conversion of the 87-unit Motel 6 North located at 1433 Calle Joaquin4.

The Resolution grants the City Manager, or their designee, authorization to enter into, execute, and deliver a Standard Agreement in a total amount not to exceed $22,000,000, and any and all other documents required or deemed necessary or appropriate to secure the Homekey funds from HCD and to participate in the Homekey Program, and all amendments thereto.

4 Resolution No. 11439

Item 6h
The Resolution also includes an acknowledgement that the City shall be subject to the terms and conditions specified in the Standard Agreement. The City Manager, or their designee, is authorized in the Resolution to execute the Homekey Documents on behalf of the City for participation in the Homekey Program and to execute such other documents and take such other actions consistent with the purposes of the grant as necessary to accept and comply with grant requirements and implement the project.

On March 21, 2024, the Resolution was administratively amended to include additional project co-applicants, per the request of HCD5. PSHH created a Limited Liability Company (LLC), Calle Joaquin Homekey LLC, and a Limited Partnership (LP), Calle Joaquin LP, for the Homekey project, and HCD requested that both entities be listed as additional coapplicants on the Resolution. The requested amendment to the resolution was consistent with the partnership structure outlined in the Homekey Round 3 grant application and did not alter the project, partnership, or the City’s financial obligations in any way.

Public Engagement
On October 11, 2023, PSHH noticed Calle Joaquin neighbors and stakeholders and conducted an informational meeting at City Farm SLO to provide an overview of the proposed project. Only one neighboring business attended but City staff have been responding to public inquiries regarding the project.

The City and PSHH plan to conduct additional community outreach to neighboring businesses and stakeholders in advance of the project groundbreaking, including providing an overview of the project timeline. Key stakeholders will be invited to a groundbreaking event for the Calle Joaquin Homekey project and additional community engagement opportunities will be provided throughout the development of the project.

CONCURRENCE
The Homelessness Response Steering Committee is in support of the agreement.

ENVIRONMENTAL REVIEW
As provided by Health and Safety Code section 50675.1.4, the guidelines allow for exemption of this Round 3 Homekey Project from the California Environmental Quality Act (CEQA). Compliance with Section 50675.1.4 is a material term of the Cooperating Agreement, and a Notice of Exemption has been filed. Additionally, a finding of no significant impact will be filed in accordance with the National Environmental Policy Act (NEPA) for the provision of Homekey funds.

FISCAL IMPACT
Budgeted: No Budget Years: 2023-24 & 2024-25
Funding Identified: Yes

5 Amended Resolution No. 11439

Item 6h
Fiscal Analysis:

Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $ $ $ $
State $19,358,270 $0 $19,358,270
Federal
County $2,600,000 $0 $2,600,000
Fees
Other: AHF $400,000 $0 $400,000
HASLO 60
Project Based
Vouchers
Operational
Subsidy (Years
4-14)
$0
Private
Donation
$800,000 $0 $800,000
Wells Fargo
Accelerator
Fund
$150,000 $0 $150,000
Total $23,308,270 $0 $23,308,270
City Council’s approval of the Cooperating Agreement does not have fiscal implications.

The fiscal analysis reflects the Homekey project budget as previously approved on July 24, 2023.

ALTERNATIVES

1. Council could deny approval of the Cooperating Agreement with PSHH. Under this alternative, the City and its co-applicant would have no agreed terms to manage the Calle Joaquin Homekey project. Staff does not recommend this alternative.

2. Council could deny approval of the amendments to Resolution No. 11439. Under this alternative, the City would risk not being in compliance with HCD’s resolution requirements for the Homekey Round 3 program and may encounter delays with execution of the Standard Agreement. Staff does not recommend this alternative.

ATTACHMENTS
A - Draft Cooperating Agreement for Calle Joaquin Homekey Project B - Amended Resolution No. 11439 (2023 Series)

COOPERATING AGREEMENT FOR HOMEKEY ROUND 3 PROJECT
THIS COOPERATING AGREEMENT (“Agreement”) is between the City of San Luis Obispo (“City”) and People’s Self- Help Housing, a 501(c)(3) Corporation (“PSHH”). PSHH, is referred to as “Developer.” City and PSHH are sometimes individually referred to as a “Party” and collectively as the “Parties.” This Agreement will be effective as of the last date the Agreement is signed by all Parties (“Effective Date”).

RECITALS
A. In response to the spread of COVID-19 in the State of California, Governor Newsom secured Federal Emergency Management Agency (FEMA) approval for “Project Roomkey”, a state-wide initiative with the intention of securing thousands of motel rooms to provide non-congregate shelter for extremely vulnerable individuals experiencing homelessness to help keep susceptible, homeless persons safe, flatten the curve, and preserve hospital capacity.

B. On June 15, 2020, the state of California passed a budget that included $550 million for the purpose of rapidly expanding the inventory of housing available to homeless persons currently served by Project Roomkey and subsequently launched the Homekey Program.

C. Following on the success of the 2020 Homekey Program, the State’s FY 2022-23 budget included funds for Homekey Round 3 administered by the Department of Housing and Community Development (“HCD”).

D. On March 29, 2023, The California Department of Housing and Community Development (HCD) announced the notice of funding availability (NOFA) of approximately $736 million in Round 3 Homekey funds to sustain and rapidly expand the inventory of housing for people experiencing homelessness or at risk of homelessness and who are, thereby, inherently impacted by or at increased risk for medical disease or conditions due to the COVID-19 pandemic or other communicable diseases. The estimated Homekey funds for the Central coast geographic allocation was $22,657,376.

E. On July 24, 2023, the City adopted a resolution authorizing the submittal of a joint application for Homekey Round 3 grant program funds in conjunction with PSHH, a developer who is experienced in affordable housing development and in providing housing assistance to those experiencing homelessness, for the proposed acquisition, rehabilitation and conversion of 87-unit Motel 6 located at 1433 Calle Joaquin San Luis Obispo, CA (“Project”).

F. On December 19, 2023, and revised January 18, 2024, HCD provided the City and Developer a Homekey Round 3 conditional award for the Calle Joaquin Homekey project (Contract No. 23-HK-18089) consisting of a capital award of $17,414,328 and operating award of $1,943,942.

G. On January 22, 2024, the City and Developer, as co-applicants, executed the conditional award for Homekey Round 3 funding.

H. To support the joint application for Homekey Round 3 program funding, the Developer agreed to undertake the following activities:

1. Negotiate directly with property owner(s) and effectuating the purchase of the