City Council
AGENDA
Tuesday, April 16, 2024, 5:30 p.m.
Council Chambers, 990 Palm Street, San Luis Obispo
Council Member Jan Marx
will participate remotely from the following location:
Signia by Hilton San Jose
170 S. Market Street, San Jose, CA 95113
The City Council holds in-person meetings. Zoom participation will not be supported at this time.
Council meetings may be viewed remotely on Channel 20, the City’s YouTube Channel, and on the City’s website under the Public Meeting Agendas web page.
INSTRUCTIONS FOR PUBLIC COMMENT:
Public Comment prior to the meeting (must be received 3 hours in advance of the meeting):
Mail - Delivered by the U.S. Postal Service. Address letters to the City Clerk's Office at 990 Palm Street, San Luis Obispo, California, 93401.
Email - Submit Public Comments via email to [email protected]. In the body of your email, please include the date of the meeting and the item number (if applicable). Emails will not be read aloud during the meeting.
Voicemail - Call (805) 781-7164 and leave a voicemail. Please state and spell your name, the agenda item number you are calling about, and leave your comment. Verbal comments must be limited to 3 minutes. Voicemails will not be played during the meeting. *All correspondence will be archived and distributed to councilmembers, however, submissions received after the deadline may not be processed until the following day.
Public Comment during the meeting:
Meetings are held in-person. To provide public comment during the meeting, you must be present at the meeting location.
Electronic Visual Aid Presentation. To conform with the City's Network Access and Use Policy, Chapter 1.3.8 of the Council Policies & Procedures Manual, members of the public who desire to utilize electronic visual aids to supplement their oral presentation are encouraged to provide display-ready material to the City Clerk by 12:00 p.m. on the day of the meeting. Contact the City Clerk's Office at [email protected] or (805) 781-7114.
Pages
1. CLOSED SESSION: STARTS AT 4:30 PM
1.a CALL TO ORDER
Mayor Erica A. Stewart will call the Closed Session Meeting of the San Luis Obispo City Council to order at 4:30 p.m. in the Council Hearing Room at City Hall, 990 Palm Street, San Luis Obispo.
1.b PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY
Public Comment will only be accepted for items listed on the Closed Session agenda.
1.c PUBLIC EMPLOYEE APPOINTMENT
Pursuant to Government Code § 54957(b)(1)
Title: City Manager
1.c.1 CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government code § 54957.6
Agency Negotiators:
Tony Dahlerbruch, Nickole Domini, Christine Dietrick
Unrepresented Employee:
City Manager
1.d ADJOURNMENT
The City Council will hold a Regular Meeting on April 16, 2024 at 5:30 p.m. in the Council Chambers at City Hall, 990 Palm Street, San Luis Obispo.
2. REGULAR MEETING CALL TO ORDER: STARTS AT 5:30 PM
Mayor Erica A. Stewart will call the Regular Meeting of the San Luis Obispo City Council to order.
3. PLEDGE OF ALLEGIANCE
Mayor Erica A. Stewart will lead the Council in the Pledge of Allegiance.
4. PRESENTATIONS
4.a EARTH DAY PROCLAMATION
Mayor Stewart will present a proclamation declaring April 22, 2024 as "Earth Day".
4.b SEXUAL ASSAULT AWARENESS MONTH PROCLAMATION
Mayor Stewart will present a proclamation declaring the month of April as "Sexual Assault Awareness Month".
4.c CITY MANAGER DEREK JOHNSON PROCLAMATION
Mayor Stewart will present Derek Johnson with a proclamation in recognition for his service as City Manager.
4.d CITY MANAGER REPORT
Receive a brief report from City Manager Derek Johnson.
5. PUBLIC COMMENT PERIOD FOR ITEMS NOT ON THE AGENDA
Not to exceed 15 minutes. The Council welcomes your input. State law does not allow the Council to discuss or take action on issues not on the agenda, except that members of the Council or staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights (Gov. Code sec. 54954.2). Staff may be asked to follow up on such items.
6. CONSENT AGENDA
Not to exceed 15 minutes. Matters appearing on the Consent Calendar are expected to be non-controversial and will be acted upon at one time. A member of the public may request the Council to pull an item for discussion. Pulled items shall be heard at the close of the Consent Agenda unless a majority of the Council chooses another time. The public may comment on any and all items on the Consent Agenda within the three-minute time limit.
Recommendation:
To approve Consent Calendar Items 6a to 6i.
6.a WAIVE READING IN FULL OF ALL RESOLUTIONS AND
ORDINANCES
Recommendation:
Waive reading of all resolutions and ordinances as appropriate.
6.b MINUTES REVIEW - APRIL 2, 2024 AND APRIL 4, 2024 COUNCIL
MINUTES
9 Recommendation:
Approve the following minutes of the City Council:
• April 2, 2024 - Regular Meeting
• April 4, 2024 - Special Closed Session
6.c 2024 ANNUAL MONITORING FOR THE SAN LUIS RANCH
DEVELOPMENT AGREEMENT, MITIGATION MEASURES, AND
PROJECT CONDITIONS
21 Recommendation:
Receive and file the 2024 annual monitoring report for the San Luis Ranch Development Agreement, mitigation measures, and required project conditions.
6.d 2024 ANNUAL MONITORING FOR THE AVILA RANCH
DEVELOPMENT AGREEMENT, MITIGATION MEASURES, AND
PROJECT CONDITIONS
147
Recommendation:
Receive and file the 2024 annual monitoring report for the Avila Ranch Development Agreement, mitigation measures, and required project conditions.
6.e APPROVE TRANSIT SERVICE AGREEMENT BETWEEN THE CITY
OF SAN LUIS OBISPO AND CAL POLY
217
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.
6.f AUTHORIZE USE OF COMPLETED PROJECTS FUNDING TO
EXPEDITE FLEET REPLACEMENTS
225
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.”
6.g AUTHORIZE SUBMISSION OF AN APPLICATION FOR FY 2023-24
SAN LUIS OBISPO COUNTY OUTREACH SERVICES FUNDING
OPPORTUNITY
231
Recommendation:
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
1. 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
2. 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.
3. 6.h APPROVE COOPERATING AGREEMENT WITH PEOPLE’S SELFHELP HOUSING FOR THE CALLE JOAQUIN HOMEKEY PROJECT AND AMENDMENTS TO RESOLUTION 11439 (2023 SERIES)
243
Recommendation:
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
1. 2. Approve amendments to Resolution No. 11439 (2023 Series).
6.i AUTHORIZATION TO APPLY FOR GRANT FUNDING FOR THE SAFE STREETS AND ROADS FOR ALL (SS4A) GRANT PROGRAM
261
Recommendation:
Adopt a Draft Resolution entitled, “A Resolution of the City Council of San Luis Obispo, California, approving the application for grant funding for the Federal Safe Streets and Roads for all (SS4A) program for the South Broad Complete Street Project” authorizing:
Staff to prepare and submit an application for the SS4A grant program of up to $500,000 for the South Broad Street Project; A.
The use of up to $100,000 of the previously approved funding as matching funds for this grant;
B.
The City Manager to appropriate grant funds and approve a budget amendment to reflect received grant funds, if awarded; C.
The appointment of the City Manager, or their designee, as agent to conduct all negotiations, execute and submit all grant documents including, but not limited to, applications,
agreements, payment requests which may be necessary for the completion of the aforementioned project.
D.
7. PUBLIC HEARING AND BUSINESS ITEMS
7.a REVIEW AND ACCEPT THE 2023 GENERAL PLAN ANNUAL
REPORT (Estimated Time: 30 minutes)
267
Recommendation:
As recommended by the Planning Commission, review and accept the 2023 General Plan Annual Report
8. LIAISON REPORTS AND COMMUNICATIONS
Not to exceed 15 minutes. Council Members report on conferences or other City activities. At this time, any Council Member or the City Manager may ask a question for clarification, make an announcement, or report briefly on their activities. In addition, subject to Council Policies and Procedures, they may provide a reference to staff or other resources for factual information, request staff to report back to the Council at a subsequent meeting concerning any matter or take action to direct staff to place a matter of business on a future agenda. (Gov. Code Sec. 54954.2)
9. ADJOURNMENT
The City Council will hold a Special Closed Session Meeting on Tuesday, April 23, 2024 at 2:00 p.m. in the Council Hearing Room at City Hall, 990 Palm Street, San Luis Obispo. The next Regular Meeting of the City Council will be held on May 7, 2024 at 5:30 p.m. in the Council Chambers at City Hall, 990 Palm Street, San Luis Obispo.
LISTENING ASSISTIVE DEVICES for the hearing impaired - see the Clerk.
The City of San Luis Obispo wishes to make all of its public meetings accessible to the public. Upon request, this agenda will be made available in appropriate alternative formats to persons with disabilities. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such request to the City Clerk’s Office at (805) 781-7114 at least 48 hours before the meeting, if possible. Telecommunications Device for the Deaf (805) 781-7410.
City Council meetings are televised live on Charter Channel 20 and the City's YouTube Channel: www.youtube.com/CityofSanLuisObispo. Agenda related writings or documents provided to the City Council are available for public inspection in the City Clerk’s Office located at 990 Palm Street, San Luis Obispo, California during normal business hours, and on the City’s website https://www.slocity.org/government/mayor-and-city-council/agendas-andminutes. Persons with questions concerning any agenda item may call the City Clerk’s Office at (805) 781-7114.
1 Council Minutes
April 2, 2024, 5:30 p.m.
Council Chambers, 990 Palm Street, San Luis Obispo
Council Members
Present:
Council Member Emily Francis, Council Member Jan Marx,
Council Member Michelle Shoresman, Vice Mayor Andy Pease, Mayor Erica A. Stewart
City Staff Present: Derek Johnson, City Manager, Christine Dietrick, City Attorney, Teresa Purrington, City Clerk
_____________________________________________________________________
1. ANNUAL ADVISORY BODY RECOGNITION: STARTS AT 4:30 PM
The Mayor and City Council recognized Advisory Body members for their service to the City of San Luis Obispo.
2. REGULAR MEETING CALL TO ORDER: STARTS AT 5:30 PM
A Regular Meeting of the San Luis Obispo City Council was called to order on April 2, 2024 at 5:30 p.m. in the Council Chambers, 990 Palm Street, San Luis Obispo, by Mayor Stewart.
3. PLEDGE OF ALLEGIANCE
Council Member Francis led the Council in the Pledge of Allegiance.
4. PRESENTATIONS
4.a VOLUNTEER APPRECIATION MONTH PROCLAMATION
Mayor Stewart presented a proclamation declaring the month of April as "Volunteer Appreciation Month" to Keirsten Anderson, Volunteer Coordinator for City.
4.b MONTH OF THE CHILD PROCLAMATION
Mayor Stewart presented a proclamation declaring the month of April as "Month of the Child" to Molly Myers on behalf of the Early Care and Education Planning Council.
4.c CITY MANAGER REPORT
City Manager Derek Johnson provided a report on upcoming projects.
2 5. PUBLIC COMMENT PERIOD FOR ITEMS NOT ON THE AGENDA
Public Comment:
Gene Nelson
Jeffery Specht
--End of Public Comment--
6. CONSENT AGENDA
Vice Mayor Pease requested that Item 6k be pulled from the Consent agenda.
Public Comments:
Item 6f - Brenden Jacoby
Item 6f - Tyler Coari
Item 6l - Jim Dantona
---End of Public Comment---
Motion By Vice Mayor Pease
Second By Council Member Shoresman
To approve Consent Calendar Items 6a to 6j and 6l to 6o.
Ayes (5): Council Member Francis, Council Member Marx, Council Member Shoresman, Vice Mayor Pease, and Mayor Stewart
CARRIED (5 to 0)
6.a WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES Waive reading of all resolutions and ordinances as appropriate.
6.b MINUTES REVIEW - MARCH 19, 2024 COUNCIL MINUTES
Approve the minutes of the City Council meeting held on March 19, 2024.
6.c APPROVE BIENNIAL CONSUMER PRICE INDEX INCREASES TO
COUNCIL, PLANNING COMMISSION, AND ARCHITECTURAL REVIEW
COMMISSION SALARIES
Adopt Resolution No. 11482 (2024 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, setting new salaries for the Mayor, Council Members, Planning Commissioners, and Architectural Review Commissioners,” effective the first pay period in January 2025.
3 6.d AUTHORIZATION TO ADVERTISE A REQUEST FOR QUALIFICATIONS
FOR ON-CALL DEVELOPMENT REVIEW SUPPORT
1. Approve the draft Request for Qualifications (RFQ) to provide on-call development review services (Specification No. 2024-4006-01); and,
2. Authorize the City Manager to execute agreements with selected consulting firms; and,
3. Authorize the Finance Director to execute and amend Purchase Orders for individual consultant services contract in an amount notto-exceed the authorized project budget; and,
4. Authorize the Community Development Director to amend or extend the agreements for services in accordance with its term and within the available annual budget.
6.e APPOINTED OFFICIAL COMPENSATION
1. Adopt Resolution No. 11483 (2024 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, amending a Contract of Employment for City Attorney,” approving an amendment to the City Attorney’s employment contract; and
2. Authorize the Mayor to execute the amended contract of employment with the City Attorney adjusting her salary.
6.f 2024 LEGISLATIVE ADVOCACY PLATFORM
1. Adopt Resolution No. 11484 (2024 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, establishing a City Legislative Action Platform for 2024 and appointing the Council Member and Staff to act as a liaison between the City of San Luis Obispo and the League of California Cities”; and
2. Appoint the Mayor, City Manager, and the City Attorney to act as the primary legislative liaisons between the League of California Cities and the City of San Luis Obispo.
6.g FISCAL YEAR 2023-2024 SAN LUIS OBISPO COUNTY INTEGRATED
WASTE MANAGEMENT AUTHORITY TECHNICAL ASSISTANCE
GRANT APPLICATION
1. Authorize the Utilities Department to apply for the Fiscal Year 2023- 2024 Integrated Waste Management Authority Technical Assistance Grant in the amount of $10,000; and
2. If the grant is awarded, authorize the Utilities Director, or their designee, to execute necessary grant documents and direct the appropriation of monies to the accounts required to administer the grant.
4 6.h PURCHASE OFFER FOR PERMANENT EASEMENT AND TEMPORARY
CONSTRUCTION EASEMENT FROM COUNTY OF SAN LUIS OBISPO
FOR BOB JONES PATHWAY PROJECT
Pursuant to an offer package received from the County of San Luis Obispo for its Bob Jones Pathway Project:
1. Adopt Resolution No. 11485 (2024 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, authorizing the sale of a Perpetual Easement and a Temporary Construction Easement for the County of San Luis Obispo’s Bob Jones Pathway Project that will encumber portions of property owned by the City of San Luis Obispo identified as Assessor’s Parcel Numbers 076-061-075, 076-061-078, and 076-121-018 commonly known as the Filipponi Ecological Reserve”; and
2. Authorize the Mayor to sign the document entitled, “Perpetual Easement Agreement (And Temporary Construction Easement) Bob Jones Pathway”; and
3. Direct staff to receive and reserve the funds for future open space uses in accordance with General Plan policy.
6.i AUTHORIZATION TO APPLY FOR REGIONAL CRASH RESPONSE AND
EXTRICATION IMPROVEMENT GRANT PROGRAM THROUGH
CALIFORNIA’S OFFICE OF TRAFFIC SAFETY GRANT PROGRAM
1. Authorize the Fire Department to apply for funding under California’s Office of Traffic Safety grant program to purchase modern extrication equipment; and
2. Authorize the City Manager, or Fire Chief as their designee, to execute the grant documents and approve the budget changes necessary to appropriate the grant amount upon notification that the grant has been awarded.
6.j AUTHORIZATION TO ADVERTISE A REQUEST FOR QUALIFICATIONS
FOR ON-CALL SOLID WASTE AND RECYCLING CONSULTANT SERVICES
1. Approve the Request for Qualifications (RFQ) for on-call solid waste and recycling consultant services; and
2. Authorize the Utilities Director to execute professional service agreements with consultants to create a 2024-2029 on-call list; and
3. Authorize the Finance Director to execute and amend purchase orders for individual professional service agreements in an amount not-to-exceed the authorized project budget.
5 6.l AUTHORIZATION TO ISSUE A REQUEST FOR PROPOSALS FOR THE
MARGARITA AREA SPECIFIC PLAN AMENDMENT
1. Authorize the issuance of a Request for Proposals (RFP) for the Margarita Area Specific Plan Amendment; and
2. Authorize the City Manager to enter into a multi-year consultant services agreement if proposals are received within the available budget of $300,000.
6.m AUTHORIZE FUNDING FOR EMERGENCY MAINTENANCE AT THE
WATER RESOURCE RECOVERY FACILITY (WRRF)
1. Approve a budget transfer of $1,498,364 from the Sewer Fund Undesignated Capital Completed Projects Fund (602.9501.71501) to the WRRF Major Maintenance (2000607-10); and
2. Adopt Resolution No. 11487 (2024 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, authorizing use of Sewer Fund Undesignated Capital to Support WRRF Emergency Maintenance.”
6.n AUTHORIZE APPLICATION FOR PROHOUSING INCENTIVE PROGRAM FUNDS
Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, authorizing application to and participation in the state Prohousing Incentive Program,” authorizing the City Manager, or Community Development Director as designee, to:
1. Submit a Prohousing Incentive Program Application to the California Department of Housing and Community Development; and
2. If the application is approved by HCD, execute all documents necessary or appropriate to participate in the Prohousing Incentive Program.
6.o INTERIM CITY MANAGER EMPLOYMENT AGREEMENT WITH
ASSISTANT CITY MANAGER WHITNEY MCDONALD
1. Adopt Resolution No. 11488 (2024 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, approving an Employment Agreement for Interim City Manager”; and
2. Adopt a Regular Salary Schedule as required by California Public Employees Retirement System (CalPERS).
6 Pulled by Vice Mayor Pease
6.k AUTHORIZATION TO ADVERTISE THE LAGUNA LAKE DOG PARK REVITALIZATION PROJECT, SPECIFICATION NO. 2001068
Public Comments:
John McKenzie
---End of Public Comment---
Motion By Council Member Shoresman
Second By Council Member Marx
1. Approve the project plans and special provisions for the Laguna Lake Dog Park Revitalization, Specification 2001068; and,
2. Authorize staff to advertise for bids; and,
3. Authorize the City Manager to award the Construction Contract pursuant to Section 3.24.190 of the Municipal Code, including the Base Bid and Additive Alternates, if the lowest responsible bid is within the Publicly Disclosed funding amount of $1,130,000; and
4. Authorize the City Engineer to approve Contract Change Orders up to the available project budget; and,
5. Authorize the following appropriations and transfers:
a. Transfer $800,000 Parkland In-Lieu (Quimby) Funds from the Laguna Lake Improvements account (2000057) to the project account (2001068); and,
b. Appropriate $239,290 Park Improvement Funds from the Unreserved Fund Balance to the project account (2001068); and, c. Transfer $329,393 from account 2000526 (from two funding sources identified below) to the project account (2001068); and, i. $279,393 Capital Outlay Funds
ii. $50,000 Parkland In-Lieu (Quimby) Funds
6. Unappropriate $1,478,195 Parkland In-Lieu (Quimby) Funds from the Laguna Lake Park Improvements project account (2000057) that will be received upon final certificate of occupancy of the multifamily units for San Luis Ranch; and,
7. Authorize the Finance Director to return any unspent appropriated or transferred funding to its original account or fund, as identified in Recommendation #5; and,
7 8. Approve Resolution No. 11486 (2024 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, authorizing use of Park Improvement Funds, Parkland In-Lieu (Quimby) Funds And Capital Outlay Funds to support the Laguna Lake Dog Park Revitalization Project, Specification Number 2001068” with the following change: Preserve the Unreserved Park Fund (519) and instead use the Laguna Lake Park Fund to make up the difference.
Ayes (5): Council Member Francis, Council Member Marx, Council Member Shoresman, Vice Mayor Pease, and Mayor Stewart
CARRIED (5 to 0)
7. PUBLIC HEARING AND BUSINESS ITEMS
7.a INTRODUCE AN ORDINANCE AMENDING TITLE 8 (SOLID WASTE), TITLE 12 (STORMWATER), TITLE 13 (WATER AND SEWER), AND
TITLE 15 (PLUMBING CODE) OF THE MUNICIPAL CODE
Utilities Director Aaron Floyd, Utilities Deputy Director of Wastewater Chris Lehman, and Utilities Deputy Director of Water Mychal Boerman provided an in-depth staff report and responded to Council questions.
Public Comments:
Jocelyn Brennan
Damien Mavis
Steve Delmartini
---End of Public Comment---
Motion By Mayor Stewart
Second By Vice Mayor Pease
Introduce Ordinance No. 1734 (2024 Series) entitled, “An Ordinance of the City Council of San Luis Obispo, California, amending Title 8 (Solid Waste), Title 12 (Stormwater), Title 13 (Water and Sewer), and Title 15 (Plumbing Code) of the City of San Luis Obispo Municipal Code” Ayes (5): Council Member Francis, Council Member Marx, Council Member Shoresman, Vice Mayor Pease, and Mayor Stewart
CARRIED (5 to 0)
8 7.b INITIATION OF GENERAL PLAN AND SPECIFIC PLAN AMENDMENTS
TO CHANGE BUSINESS PARK ZONING TO SERVICE COMMERCIAL
ZONING AND ALLOW MIXED-USE DEVELOPMENT AT 365 PRADO
ROAD LOCATED WITHIN THE MARGARITA AREA SPECIFIC PLAN
Senior Planner Rachel Cohen provided an in-depth staff report and responded to Council questions.
Public Comments:
Damien Mavis, Applicant
Jim Dantona
---End of Public Comment---
Motion By Vice Mayor Pease
Second By Council Member Shoresman
To proceed with the initiation of the General Plan and Specific Plan amendments to change Business Park (BP) zoning to Service Commercial (C-S) zoning and allow mixed-use development at 365 Prado Road.
Council also provided the following items that they would like to be included in the project:
Increase density to get more low and very low units
Active transportation incentives
Down payment assistance for first time homebuyers
ADU ready garages
SLO county preference
A development agreement
Ayes (5): Council Member Francis, Council Member Marx, Council Member Shoresman, Vice Mayor Pease, and Mayor Stewart
CARRIED (5 to 0)
8. LIAISON REPORTS AND COMMUNICATIONS
Mayor Stewart appeared on the Dave Congalton show and presented at the SLO Daybreak Rotary Meeting.
Council Member Shoresman attended the Cal Cities Community Service Policy Committee meeting in Burbank.
Council Member Francis attended the CAPSLO Board meeting and hosted a group of 5th graders from Pacheco Elementary at City Hall where they provided mock public comment.
9 Vice Mayor Pease attended the Cal Cities Environmental Quality Policy committee meeting in Burbank.
Council Member Marx attended the Beaver Festival in Mission Plaza and a Cal Trans tour.
9. ADJOURNMENT
The meeting was adjourned at 9:49 p.m. The next Regular City Council Meeting is scheduled for April 16, 2024 at 5:30 p.m. in the Council Chambers at City Hall, 990 Palm Street, San Luis Obispo.
APPROVED BY COUNCIL: XX/XX/2024
1 Council Minutes
April 4, 2024, 12:00 p.m.
Council Hearing Room, 990 Palm Street, San Luis Obispo
Council Members
Present:
Council Member Emily Francis, Council Member Jan Marx,
Council Member Michelle Shoresman, Vice Mayor Andy Pease, Mayor Erica A. Stewart
City Staff Present: Derek Johnson, City Manager, Christine Dietrick, City Attorney, Teresa Purrington, City Clerk
_____________________________________________________________________
1. CALL TO ORDER
A Special Closed Session Meeting of the San Luis Obispo City Council was called to order on Thursday, April 4, 2024 at 12:00 p.m. in the Council Hearing Room at City Hall, 990 Palm Street, San Luis Obispo, by Mayor Stewart.
2. PUBLIC COMMENT FOR ITEMS ON THE AGENDA ONLY
Public Comment:
None
--End of Public Comment--
3. CONFERENCE WITH LABOR NEGOTIATORS
Action: City Attorney Christine Dietrick indicated that no reportable action was taken by the Council.
4. ADJOURNMENT
The meeting was adjourned at 12:50 p.m. The next Regular Meeting of the City Council will be held on April 16, 2024 at 5:30 p.m. in the Council Chambers at City Hall, 990 Palm Street, San Luis Obispo.
APPROVED BY COUNCIL: XX/XX/2024
City of San Lu is Obispo, Council Memorandu m
City of San Luis Obispo
Council Agenda Correspondence
DATE: April 16, 2024
TO: Mayor and Council
FROM: Timmi Tway, Community Development Director
Prepared By: Callie Taylor, Associate Planner
VIA: Derek Johnson, City Manager
SUBJECT: ITEM 6C – 2024 ANNUAL MONITORING FOR THE SAN LUIS RANCH
DEVELOPMENT AGREEMENT, MITIGATION MEASURES, AND
PROJECT CONDITIONS
The following memorandum provides City staff responses to questions received from a Council member regarding the San Luis Ranch annual monitoring report. Staff determined it would be helpful to provide this memo to all Council Members and the public, as the responses offer clarification regarding the annual review. The questions are below with staff’s response shown in italics.
In addition, it has come to City staff’s attention that the agenda links for Item 6c for Attachments A, B, and C (Summary of Compliance with the San Luis Ranch Development Agreement, MMRP, and Project Conditions) are not linking to the correct documents. The correct attachments for the San Luis Ranch Summary of Compliance are provided with this agenda correspondence.
1. With significant numbers of mitigation measures particularly concerning habitat outstanding, what is the timeline for ensuring compliance? If the developer fails to present an annual report in future years, is there a standard procedure for encouraging compliance?
Through the annual review completed in recent months, City staff has identified the outstanding compliance items listed in the report. In meetings and correspondence with the developer, City staff has encouraged the developer to address outstanding items to bring the project into compliance, including submittal of the annual habitat monitoring reports and replanting compliance. The City’s next step will be to send an official letter to the developer, identifying items that are out of compliance, a deadline for compliance, and penalties for non-compliance. City staff and the City Attorney will be working on this compliance letter after Council review of the reports on April 16.
It should be noted that the City holds several project bonds, including bonds specifically for habitat restoration. If the developer fails to submit the required annual monitoring reports or fails to complete the habitat restoration in compliance with the EIR, DA, and project conditions, the City can pull the bonds and use those funds to complete the work.
Item 6c – San Luis Ranch 2024 Annual Monitoring - Agenda Correspondence Memo Page 2
2. The developer is required to provide a bike share program but there is not a mention of their progress on this requirement. Do we know that status of the bike share?
A Travel Demand Management Plan (TDMP) was developed for the project in October 2021. The mitigation measure and the TDMP have requirements for both residential and non-residential portions of the project. So far, San Luis Ranch has only implemented the residential trip reduction strategies, which include providing bus passes and $100 gift cards to local bike shops for residents. Development of Lots 7, 8, and 9 (the office, commercial, and hotel sites) will require bike share to be provided, as well as on-site bike lockers, showers, and bicycle repair station.
3. On page 105, there’s mention of the possibility of up to 7 million in grant funding to the city, some of which would go towards subsidizing the moderate rate units in SLR. Did the city receive that funding? If so, how much went to SLR? SLR Development Agreement Operating Memorandum #2 discusses grant funding for which the City was hoping to apply in 2021. Affordable housing grants at that time were possible if the project could provide 15% affordable housing. San Luis Ranch did not reach this percentage of affordable housing, and the City did not receive the grant funds at that time.
ATTACHMENTS
A – Summary of Compliance with the San Luis Ranch Development Agreement B – Summary of Compliance with the San Luis Ranch MMRP
C – Summary of Compliance with the San Luis Ranch Project Conditions
San Luis Ranch
Summary of Compliance with Development Agreement
March 2024
Development Agreement
Item DA ID Summary Description Compliance Status
1 1.03.a.1 Agreement terminates on 20th anniversary of annexation date in compliance 2 1.03.a.2 Agreement terminates on 15th anniversary of annexation if backbone infrastructure not in place in compliance 3 1.03.a.3 Agreement terminates once development and conditions are satisfied in compliance 4 1.03.a.4 Agreement terminates if annexation doesn't occur within 5 years of DA "Vesting Date" in compliance 5 1.04 Agreement must be executed 5 days after Ordinance adoption; to County Recorder within 10 days COMPLETED - in compliance 6 5.02.1 Form Community Facilities District (CFD) COMPLETED - in compliance 7 5.04.3 Reimbursement for developer improvements beyond fair share cost ongoing; in compliance 8 5.04.4 Post $300,000 bond to ensure compliance with Section 5.04.4 ongoing; in compliance 9 5.04.5 Prepay $1.5 million for Prado Interchange; early payment toward full mitigation fee; see notes COMPLETED - in compliance 10 7.08 City to use Fee for grant program to replace existing sewer laterals equivalent to 66,000 gpd ongoing; in compliance 11 11.01; 02 Annual evaluation of the MMRP to ensure compliance ongoing; in compliance 12 11.04 Annual evaluation of the DA to ensure compliance ongoing; in compliance 13 11.05 CDD to issue "Finding of Development Agreement Compliance" based on review ongoing; in compliance 14 12.03 Any DA provision out of compliance must be cured within 60 days ongoing; in compliance 15 6.02.3 Land dedications for ROW or infrastructure ongoing; in compliance 16 7.03 Dedicate 2.8 acres of onsite parkland and build park ongoing; park not yet built 17 7.09 Make Recycled Water facility improvements per Figure 7.2 of SLR SP ongoing; in compliance 18 7.10 Make storm drainage improvements per Figure 7.4 of SLR SP ongoing; in compliance 19 7.11 Make floodplain improvements ongoing; in compliance 20 7.13.01 CC&Rs disclosure statement required Completed 21 7.13.07 City to allow building permits and occupancy for up to 24 model homes prior to Final Map ongoing; in compliance 22 7.08 Pay $300,000 Capacity Offset Fee for sewer improvements In compliance 23 7.03 Dedicate offsite parkland or pay up to $3,175,026 as equivalent partially complete; Multifamily fee still need to be paid with per finals 24 7.04 Secure Ag Easement on 30 acres at APN 067-181-010 In compliance 25 7.06 Implement energy saving measures in development ongoing; in compliance; solar to be installed with commercial developments 26 7.07 Implement water saving measures in development ongoing; in compliance 27 7.13.04 Complete Design Review for all major surface public facilities ongoing 28 5.03.2.b Pay all Development Impact Fees (DIF) to City per terms of agreement ongoing; in compliance 29 5.04.4 Pay Early Residential Development Fee ($262/unit) at time of each annual DA review Annually; in compliance 30 5.04.6 Pay remaining Prado Road Mitigation Fee Completed 31 7.12 Make traffic and circulation improvements Ongoing 32 7.05 Provide Affordable Housing or in lieu payment for commerical per Exhibit F of the DA Approved mixed use project not started
San Luis Ranch
Summary of Compliance with Mitigation Measures
March 2024
Mitigation Measures
Item MM ID Summary Description Compliance Status
1 AG-3(a) Agricultural Conflict Avoidance Measures. SP in compliance; installation in progress 2 AG-3(c) Buffer Landscaping. To be installed with Ag site development 3 N-5(c) Froom Ranch Way Noise Barrier. TBD subject to field verification 4 REC-1 Parkland In-lieu Fees. Yes; ongoing with individual projects 5 BIO-2(c) Froom Ranch Way Bridge Design to Avoid Riparian Areas. In compliance; annual reporting for 5 years 6 GEO-1 Earthquake and Ground Acceleration Design and Construction Measures. In compliance; verify with permitting 7 GEO-3 Geotechnical Design. In compliance; verify with permitting 8 HWQ-1(a) Stormwater Pollution Prevention Plan. In compliance; ongoing with each project 9 HWQ-1(b) Berms and Basins. In compliance; ongoing with each project 10 HWQ-1(c) Concept Grading Plan and Master Drainage Plan. In compliance; ongoing with each project 11 HWQ-3(a) Stormwater Quality Treatment Controls. In compliance; ongoing with each project 12 HWQ-3(b) Stormwater BMP Maintenance Manual. In compliance; annually with each project 13 HWQ-3(c) Stormwater BMP Semi-Annual Maintenance Report. In compliance; semi-annually per project 14 AQ-2(e) Construction Activity Management Plan. In compliance 15 BIO-2(a) Habitat Mitigation and Monitoring Plan In compliance; annual report required 16 AG-1 Agricultural Conservation. In compliance
17 AQ-2(a) Fugitive Dust Control Measures. In compliance; ongoing with each project 18 AQ-2(b) Standard Control Measures for Construction Equipment. In compliance; ongoing with each project 19 AQ-2(c) Best Available Control Technology (BACT) for Construction Equipment. In compliance; ongoing with each project 20 AQ-3(a) Standard Operational Mitigation Measures. Some aspects TBD; field verification required 21 AQ-3(b) Off-Site Mitigation. Some aspects TBD; field verification required 22 BIO-1(a) Best Management Practices. In compliance; subject to field verification 23 BIO-1(b) Worker Environmental Awareness Program Training. In compliance; subject to field verification 24 BIO-1(c) Western Pond Turtle and Two-Striped Garter Snake Impact Avoidance and Minimization. Annual reporting needed to verify compliance 25 BIO-1(d) California Red-legged Frog, Western spadefoot, and Coast Range Newt Impact Avoidance/Minimization In compliance; subject to field verification 26 BIO-1(e) Steelhead Impact Avoidance and Minimization. In compliance; subject to field verification 27 BIO-1(f) Great Blue Heron and Monarch Butterfly Impact Avoidance and Minimization. Annual reporting needed to verify compliance 28 BIO-1(g) Nesting Birds Impact Avoidance and Minimization. In compliance; subject to field verification 29 BIO-1(h) Roosting Bats Impact Avoidance and Minimization. In compliance; subject to field verification
30 BIO-2(b) Tree Replacement. In compliance; annual reporting for 3 years 31 CR-2(a) Retain a Qualified Principal Investigator. in compliance 32 CR-2(b) Unanticipated Discovery of Archaeological Resources. In compliance; ongoing with each project 33 HAZ-4 Soil Sampling and Remediation In compliance; ongoing with each project 34 HAZ-6 Naturally Occurring Asbestos Exposure Avoidance and Minimization In compliance; ongoing with each project 35 HWQ-4 Conditional Letter of Map Revision/Letter of Map Revision. In compliance 36 N-1(a) Construction Vehicle Travel Route. In compliance; ongoing with each project 37 N-1(b) Construction Activity Timing. In compliance; ongoing with each project 38 N-1(c) Construction Equipment Best Management Practices (BMPs). In compliance; ongoing with each project 39 N-1(d) Neighbor Property Owner Notification and Construction Noise Complaints In compliance; subject to field verification 40 AG-3(b) Agricultural Fencing. Not completed; requirement of ag owner 41 AQ-2(d) Architectural Coating. In compliance; ongoing with each project 42 CR-1(c) Informational Display of Historic Resources. TBD 43 N-5(a) Interior Noise Reduction. Completed
44 T-1(b); T-8(a); T-9(c) Intersection 3: Madonna Road & Dalidio Drive/Prado Road Intersection (construct various) Completed 45 T-1(c) Intersection 5: Madonna & U.S. 101 Southbound Off Ramp (dedicate ROW; pay fair share cost; TDMP) Completed 46 T-1(e); T-8(b) Intersection 9: LOVR and Froom Ranch Way (construct various) Completed 47 T-1(f); T-8(c) Intersection 10: LOVR and Auto Park Way (dedicate ROW; pay fair share cost; TDMP) Completed 48 T-1(g); T-8(g); T-9(l) Intersection 16: S. Higuera and Tank Farm Road (extend RT pocket to 230'; ROW; pay fair share; TDMP) Completed 49 T-1(h) Intersection 21: Prado/Dalidio and Froom Ranch Way (construct roundabout) Completed 50 T-1(i) Intersection 25: Prado/Dalidio and SC Project Driveway (construct roundabout) Completed 51 T-2(a) Intersection 1: Madonna and LOVR (dedicate ROW; pay fair share cost; TDMP) Completed 52 T-2(b); T-9(b) Intersection 2: Madonna and Oceanaire (dedicate ROW; pay fair share cost; TDMP) Completed 53 T-2(c) Intersection 5: Madonna & U.S. 101 Southbound Off Ramp (extend LT to 150') Completed 54 T-2(d) Intersection 6: Madonna & U.S. 101 Northbound Off Ramp (dedicate ROW; pay fair share cost; TDMP) Completed 55 T-2(e) Intersection 7: Madonna and Higuera (dedicate ROW; pay fair share cost; TDMP) Completed 56 T-2(f); T-9(h) Intersection 9: LOVR and Froom Ranch Way (construct various) Completed 57 T-2(g) Intersection 12: LOVR & U.S. 101 Southbound Off Ramp (extend LT to 320') Completed 58 T-2(h) Intersection 13: LOVR & U.S. 101 Northbound Off Ramp (dedicate ROW; pay fair share cost; TDMP) Completed 59 T-2(i) Intersection 14: LOVR & Higuera (extend EB RT lane to 180') Completed 60 T-2(j); T-9(m) Intersection 18: Prado & Higuera (install 2nd NB LT lane; extend WB RT pocket to 400') Completed/in compliance 61 T-3(a) Segments 1-6: Madonna Road--LOVR to Higuera (construct bikeway; Prado ROW; pay fair share cost; TDMP)Partially Complete 62 T-3(b) Segments 7-8: Higuera--Madonna to Prado (Prado ROW; pay fair share cost; TDMP) Complete 63 T-3(c) Segments 13-17: LOVR--Madonna to Higuera (construct bikeway; Prado ROW; pay fair share cost; TDMP) Complete 64 T-3(d) Segments 18-20: Dalidio/Prado--Froom to Higuera (construct Class I bikepaths) Complete 65 T-5 Froom Ranch Way Bridge Construction Complete
66 T-9(d) Intersecton 4: Madonna and El Mercado (see MM T-1(b)) Complete
67 T-11(a) NB US 101 Prado Off Ramp (pay fair share, dedicate ROW for overpass and NB ramps; TDMP) Complete 68 T-11(b) NB US 101 North of Prado (pay fair share, dedicate ROW for overpass and NB ramps; TDMP) Complete 69 T-11(c) NB US 101 North of Madonna (pay fair share, dedicate ROW for overpass and NB ramps; TDMP) Complete 70 HWQ-4 Conditional Letter of Map Revision/Letter of Map Revision. Phase 1 complete; Phase 2 pending 71 CR-1(a) Historical Structure Relocation and Reconstruction Plan. Reconstruction in progress. 72 CR-1(b) Archival Documentation of Historic Buildings. Completed; in compliance 73 N-5(b) Residential Outdoor Activity Area Noise Attenuation. In compliance; subject to field verification 74 N-5(d) U.S. Highway 101 Noise Barrier at Hotel. In compliance; subject to field verification 75 GEO-2 Operational Seismic Safety Requirement. In progress 76 N-4(a) HVAC Equipment. TBD
77 N-4(b) Parking Lot/Loading Dock Orientation and Noise Barrier. TBD 78 AQ-1 Encourage Telecommuting. TBD
79 T-1(a) Intersection 1: Madonna and LOVR (optimize signal timing) Ongoing 80 T-1(d) Intersection 8: Higuera and South Street (signal timing) Ongoing 81 T-4 Construction Traffic Management Plan Ongoing
82 T-5 Froom Ranch Way Bridge Construction Complete
83 T-6 Project Site Intersection Roundabout Control Complete 84 T-7 Traffic Calming and/or Reconfiguration of New Neighborhood Streets Complete 85 T-8(d) Intersection 12: LOVR & U.S. 101 Southbound Off Ramp (construct Prado Road overpass) Complete 86 T-8(e) Intersection 13: LOVR & U.S. 101 Northbound Off Ramp (construct Prado Road overpass) Complete 87 T-8(f) Intersection 14: LOVR & S. Higuera (construct Prado Road overpass) Complete 88 T-9(a) Intersection 1: Madonna and LOVR (extend NB RT on LOVR to 295'; SB LT on Madonna to 395') Complete 89 T-9(b) Intersection 2: Madonna and Oceanaire (extend WB RT on Madonna to 200') Complete 90 T-9(e) Intersection 5: Madonna & U.S. 101 Southbound Off Ramp (construct Prado Road overpass) Complete 91 T-9(f) Intersection 6: Madonna & U.S. 101 Northbound Off Ramp (construct Prado Road overpass) Complete 92 T-9(g) Intersection 8: Higuera and South Street (extend NB Higuera LT to 120') Complete 93 T-9(i) Intersection 11: LOVR and Calle Joaquin (construct Prado Road overpass w/ NB and SB ramps) Complete 94 T-9(j) Intersection 12: LOVR & U.S. 101 Southbound Off Ramp (construct Prado overpass w/ NB and SB ramps) Complete 95 T-9(k) Intersection 14: LOVR & S. Higuera (construct Prado Road overpass w/ NB and SB ramps) Complete 96 T-10(a) Segments 1-6: Madonna Road--LOVR to Higuera (construct Prado Road overpass w/ NB and SB ramps) Complete 97 T-10(b) Segments 15-16: LOVR--Calle Joaquin to US 101 NB ramps (construct Prado overpass w/ NB and SB ramps) Complete 98 T-10(c) Segment 24: Prado/Dalidio--project driveway to Froom (construct Prado overpass w/ NB and SB ramps) Complete 99 T-11(a) NB US 101 Prado Off Ramp (pay fair share, dedicate ROW for overpass and NB ramps; TDMP) Complete 100 T-11(b) NB US 101 North of Prado (pay fair share, dedicate ROW for overpass and NB ramps; TDMP) Complete 101 T-11(c) NB US 101 North of Madonna (pay fair share, dedicate ROW for overpass and NB ramps; TDMP) Complete
San Luis Ranch
Compliance with Development Agreement, Map Conditions, and Mitigation Measures March 2024
Map Conditions
Item Condition Summary Description Compliance Status
1 116 Subdivider to hold City harmless and indemnify Completed 2 117 Map conditional on completing annexation Annexation completed 10-18-18 3 1 Second point of access needed for Multi-Family Completed 4 2 Second point of access whenever more than 30 units Completed 5 3 all streets less than 28 feet to be no parking on both sides; less than 36 feet on one side Completed 6 4 minimum fire flow of 1,500 gpm within 300 feet of homes; hydrants spaced within 500 feet Completed 7 22 Include "knuckle" design at San Luis Ranch Road and Haystack Place Completed 8 23 Include Class I bikeway from Harvest Street to commecial area Completed 9 24 Include Class I bikeway from San Luis Ranch Road to commercial area Completed 10 25 Dedicate multiple easements along various roadways Partial complete - pending east leg of roundabout (Embassy Suites and commercial lot) 11 26 Make all efforts to dedicate 25-foot easement along 101 for maintenance Completed 12 28 Parallel parking prohibited on Froom Ranch Way Completed 13 29 Adjust final map and PIPs to include right turn lane on Dogwood approach to Madonna Completed 14 30, 60 Show all easements on Final Map Partial complete - pending east leg of roundabout (Embassy Suites and commercial lot) 15 31 Show all offers of dedication on Final Map Partial complete - pending east leg of roundabout (Embassy Suites and commercial lot) 16 40 show how secondary access will be provided for developments greater than 30 units Completed 17 41 Fire access to be provided for each building Completed 18 42 City streets to conform to City Engineering Standards Completed 19 43 Road alignments to conform to City Engineering Standards Completed 20 44 Include parking restriction signs within tract Partially complete/ongoing 21 45 Include center median landscaping on Dalidio and Froom Ranch Way Completed 22 46 Final street sections to be approved in context of project drainage report Completed 23 47 Roundabouts to be designed per City Engineering standards Partial complete - pending east leg of roundabout (Embassy Suites and commercial lot) 24 52 Access rights shall be offered for dedication along Madonna, Dalidio, and Froom Ranch Way Partial complete - pending east leg of roundabout (Embassy Suites and commercial lot) 25 59 Plans must show all existing structures and proposed improvements Completed 26 60 Map and PIPs must show all easements Partial complete - pending east leg of roundabout (Embassy Suites and commercial lot) 27 65 Porous concrete and pavers must be used consistent with Specific Plan Partial complete - pending development of commercial lots 28 90 Cut and fill slopes to be protected as recommended by soils engineer Completed 29 93 All plans to show compliance with all regulations Ongoing - pending environmental agency final approvals 30 96 Indicate revised floodplain on PIPs and Final Map Complete for Final Map; pending receipt of record drawings for PIPs 31 111 Developer to submit written report verifying compliance with these conditions and mitigation Ongoing 32 114 Record avigation easements on applicable parcels In progress/ongoing 33 49 Include line-of-sight analysis for area intersections Completed 34 50 Subdivision plans to show frontage improvements as needed Completed 35 51 All resource regulatory permits must be acquired before approval of improvement plans Completed 36 56 Prepare analysis of trees to be removed and retained within Tree Preservation Plan Completed /Ongoing - additiona trees to be removed 2/2024 - need replanting plan 37 61 If new street paving is phased, it must be shown in Public Improvement Plans Completed 38 62 Construction phasing plan, truck routes, and staging areas must be shown in PIPs Completed 39 63 Retaining walls and fences to be approved by Planning Division Ongoing pending remaining site/lot development 40 64 PIPs must show mailboxes Completed
41 66 Common areas, linear parkways and paths must be ADA accessible Completed 42 71 Dry utilities infrastructure to be in place approved by Utilities Engineer 43 72 Utilities to comply with engineering design standards approved by Utilities Engineer 44 74 PW and Utilities must approve all water, sewer and utilities layouts approved by Utilities Director and Public Works Director 45 75 Limit and extent of public utilitites to be approved by City Utilities Dept approved by Utilities Director and Public Works Director 46 76 Gas main to be located in joint trench in accordance with PUC unless otherwise approved by City Engineer 47 77 PIPs to show location of all water meters approved by Utilities Director and Public Works Director 48 78 Sewer report needed for design of sewer main for development on Lot 1 and 2 approved by Utilities Director 49 79 Approval of overwhead wiring facilities approved by Utilities Director 50 80 Street widening to require undergrounding of any overhead wires Completed 51 81 Approval of overhead wiring facilities required in SE portion of site Ongoing. Need to coordinate with City, Caltrans, PG&E, and billboard easement grantee 52 82 approval of plan for undergrounding utilities Partial complete pending response to Condition 81 53 83 provide 3 sets of irrigation plans to city Completed 54 86 PIPs to verify how wetland features to be protected Completed / ongoing 55 87 PIPs to verify how non-native plants to be contained Completed / ongoing 56 94 Improvement Plans must include grading, drainage and erosion control plan. Completed 57 97 Indicate various drainage, well and other features on PIPs verified by City Engineer 58 98 provide final HEC-RAS modeling for drainage verified by City Engineer 59 99 final drainage plans must address Cerro San Luis Channel verified by City Engineer 60 100 final drainage plans must address trash removal verified by City Engineer 61 104 Bio-retention plans or stormwater BMPs to be approved as part of PIPs verified by City Engineer 62 105 Detention basin to be designed per Waterways Mgmt Plan Drainage Design Manual Completed 63 109 Obtain and approve SWPPP Completed
64 115 Enter into affordable housing agreement with the City, included in DA Completed--alredy included in DA 65 7 Dedicate land for Prado Interchange; pay fair share fees for interchange per DA Complete - Payment made per DA requirements 11/17/23 66 8a Complete design for Madonna/Dalidio improvements Complete 67 10a Complete design for roundabout at Dalidio/Froom Ranch Way Partially complete; design of 4th roundabout leg to SLO Promenade pending R/W agreement. 68 12a Complete design for bike path on Madonna between El Mercado and 101 SB Complete 69 15 Froom Ranch Way design speed not to exceed 35 MPH Complete 70 16a Complete design for improvements to Froom Ranch Way/LOVR intersection Complete 71 17 Madonna/Dalidio and LOVR/Froom to be "bicycle protected" per NACTO guidelines Complete 72 27 Complete design for in-tract traffic calming improvements Complete 73 32 Dedicate street tree easements Complted with Final Map 74 33 Dedicate offsite easements as necessary Partial complete - pending east leg of roundabout (Embassy Suites and commercial lot) 75 35 Establish encroachment agreement for privately maintained facilities in public ROW Completed with Final Map 76 37a pay park in-lieu fees with recordation of NG-10 and -23 map consistent with DA SFR completed; multifamily being paid with building permit finals 77 38 Make all reasonable efforts to dedicate land for ROW, and show proof of dedication Partial complete - pending east leg of roundabout (Embassy Suites and commercial lot) 78 39 Demonstrate that land has been acquired as appropriate Partial complete - pending east leg of roundabout (Embassy Suites and commercial lot) 79 48 Record Notice of Requirements that project is ineligible for Parking District or Neigh Tr Mgmt Plan Completed with Final Map 80 57 Improvement Plans (including offsite) must be approved prior to Final Map Completed 81 67 No potable water used during construction; recycled water to be used Utilities Dept to confirm, permit and monitor 82 73 Relocate utilties affected by 101 interchange improvements approved by Utilities Director 83 85 Obtain permits from RWQCB, ACOE and CDFW verified by Community Development or Public Works Dept 84 92 Grading and drainage plans required to show site accessibility verified by City Engineer 85 95a Comply with FEMA and City requirements; CLOMR-F approved before construction or fill placement verified by City Engineer and FEMA 86 108 Verify LID compliance of grading and drainage plans verfied by Project Soils Engineer 87 110 Verify compliance with AQ standards from APCD in progress/ongoing
88 118 Complete plan to stockpile and salvage topsoil Natural Resources Manager to approve 89 119 Complete Habitat Mitigation and Monitoring Plan Natural Resources Manager to approve 90 8b Make Madonna/Dalidio intersection improvements (per Table 4.12-1 #2 in SLR EIR) Construction complete. 91 9a Madonna/Oceanaire pedestrian crossing improvements Construction complete. 92 10b Install roundabout at Dalidio/Froom Ranch Way Partially complete; design of 4th roundabout leg to SLO Promenade pending R/W agreement. 93 11 Construct extention of LOVR/SB 101 ramp Construction complete. 94 12b Construct bike path on Madonna between El Mercado and 101 SB Construction complete. 95 13 Construct Froom Ranch Way bridge over Prefumo Creek Construction complete. 96 14 Design and construct Froom Ranch Way from LOVR to end; also Class I path and signal at Oceanaire Construction complete. 97 16b Make improvements to Froom Ranch Way/LOVR intersection Construction complete. 98 19 Pay Citywide fees per Developent Agreement see Development Agreement for details 99 53 Install street lighting along public streets Completed 100 54 Install private lighting based on ARC approval Ongoing pending development of remaining lots 101 55 Install street trees per condition Partially complete; pending direction from administration on street tree installation 102 68 Recycled water pipeline infrastructure to be in place In Progress; resolution in discussion between City and developer 103 69 Water pipeline infrastructure to be in place Completed 104 70 Sewer infrastructure to be in place Completed
105 84 Landscape Plan must be consistent with drought provisions approved by Utilities Director 106 88 Engineering soils testing may be needed on a lot-by-lot basis Completed 107 89 Soils engineer to certify all grading for finl pads prior to building permit issuance Completed pending receipt of record drawing and soils engineer certification 108 91 Easement agreement needed for Cerro San Luis Channel verified by City 109 95b Comply with FEMA/City reqs; LOMR-F submitted to FEMA within 6 months of grading completion verified by City Engineer and FEMA 110 95c Comply with FEMA/City reqs; LOMR-F approved by FEMA prior to accptance of final building pads verified by City Engineer and FEMA 111 101 Developer to prepare O&M manual for creek maintenance/stormwater BMPs verified by City Engineer 112 18 Fund Highway 101 Mainline Monitoring Pending resolution with Caltrans, who has not responded to inquiries from the City 113 113 Provide written disclosure of of airport safety and noise issues to potential occupants Pending verification by Planning 114 36 Notice of requirements related to map conditions to be completed (lots 1, 2 and commercial) Pending verification by Planning & Engineering 115 37b pay park in-lieu fees with recordation of NG-30 map consistent with DA Being paid with final of Building permits/ ongoing 116 9b Install "hawk" pedestrian signal at Dogwood and Madonna Construction complete. 117 112 Complete relocation of historic buildings consistent with MM CR-1 Partial complete pending development of the ag heritage site; building permits issued 118 37c pay park in-lieu fees with recordation of NC map consistent with DA (if housing) Pending development of NC lot(s), to be collected with building permits 119 20 Pay fairshare mitigation costs as specified in the Development Agreement see Development Agreement for details; pending confirmation from Planning 120 21 Access rights to Prado, Madonna and Froom dedicated to City; private access on Dalidio RT in and out Confirmed with Final Map and PIPs. 121 34 Private improvements to be owned and maintained by HOA and/or through CFD No CFD funds for maintenance. See DA and O&M manual for details 122 58 Demolition permit needed for structure removal, or removal of existing infrastructure Completed 123 102 Homeowners to be notified of BMP requirements In progress/ongoing 124 103 Maintenance responsibilities for stormwater infrastructure to be followed by HOA or CFD as applicable verified by City Engineer and Natural Resources Manager as appropriate 125 106 CC&Rs sall allow for subdivided parcels to be included in HOA verified by City Engineer 126 107 Creek stabilization to be approved by City as needed verified by City Engineer
Item 6c
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 SAN LUIS RANCH
DEVELOPMENT AGREEMENT, MITIGATION MEASURES, AND
PROJECT CONDITIONS
RECOMMENDATION
Receive and file the 2024 annual monitoring report for the San Luis Ranch Development Agreement, mitigation measures, and required project conditions.
REPORT-IN-BRIEF
On July 18, 2017, the City Council approved the San Luis Ranch project, including the San Luis Ranch Specific Plan and Vesting Tentative Tract Map (VTTM) 3096, which covers the entire plan area. On July 17, 2018, the Mitigation Monitoring and Reporting Program (MMRP) was amended to address minor changes to the phasing of certain transportation improvements. A Development Agreement (DA) for the project between the City and MI San Luis Ranch, LLC, was approved by City Council on August 21, 2018.
On April 16, 2019, the City Council adopted a Mello-Roos Community Facilities District (CFD), pursuant to the DA (Ordinance No. 1661).
Both the DA and MMRP require annual monitoring and reporting of activities per Articles 10 and 11 of the DA in order to determine whether the project is in compliance with all relevant aspects of the DA itself, as well as the Final Environmental Impact Report (FEIR) mitigation measures. 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. The CFD annual tax report is typically 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 tax report was last completed and presented to Council on August 15, 2023.
This report addresses activities that have taken place during 2023 through the end of February 2024, and whether those activities are in substantial compliance with the DA, applicable project conditions, and FEIR mitigation measures. Generally speaking, the
Item 6c
bulk of public improvements were completed prior to 2023, 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. Some minor follow-ups on these items were completed in 2023.
Substantial housing development has occurred in San Luis Ranch, the design of which was reviewed and approved by the Planning Commission prior to 2022. In all, 577 units were approved through the development review process prior to 2022, and many of these have either been completed or are currently under construction. 206 single-family and 202 multi-family units have been completed since project inception. Of these, 65 singlefamily and 96 multi-family units were completed in the past year through February 2024.
An additional 46 single-family and 94 multi-family units are currently under construction.
When these are completed, only 29 units will remain to be built to reach the 577 total units approved to date. The developer estimates that the multi-family portion of the project will be complete by summer 2024, and the single-family residential units will be complete by the end of 2024. Construction on the 64 to 77 affordable housing units on the Lot 7 mixed use site has not yet begun.
As outlined in the report below, the project is in compliance with most applicable provisions of the DA, as well as most relevant FEIR mitigation measures and project conditions. However, further action is needed to bring the project into compliance with several required mitigation measures, Devlopment Agreement provisions, and/or project conditions. City staff will continue to work with the Developer to ensure compliance moving forward. Continued non-compliance or lack of action toward compliance may result in actions being taken by the City to encourage compliance of these required conditions and mitigation measures. Due to the ongoing nature of the project, certain aspects are subject to continual monitoring as development occurs. Given that the main residential project components are nearing completion, this report is intended to provide a final punch list of remaining DA provisions, mitigation measures, and conditions that need to be addressed for compliance upon project completion.
POLICY CONTEXT
The approved San Luis 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 of approval.
Compliance with these provisions is discussed in the body of this report. Both the DA and MMRP require annual monitoring and reporting of activities per Articles 10 and 11 of the DA in order to determine whether the project is in compliance with all relevant aspects of the DA itself, as well as the Final Environmental Impact Report (FEIR) mitigation measures. This annual report is prepared for compliance with those monitoring and reporting requirements. A Community Facilities District for San Luis Ranch has been established to provide funding for infrastructure. 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.
Item 6c
DISCUSSION
Background
On July 18, 2017, the City Council approved the San Luis Ranch project and certified the Final EIR and MMRP. On August 21, 2018, the City Council approved the Development Agreement between the City and MI San Luis Ranch, LLC. In addition, the MMRP was amended at that time to address minor changes to the phasing of certain required transportation improvements. Both the DA and MMRP require annual monitoring and reporting of activities per Articles 10 and 11 of the DA.
The following discusses what aspects of the project were in progress or completed in 2023 through February 2024, and thus the focus of this report. 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. The San Luis Ranch project site is shown on Figure 1.
Figure 1. San Luis Ranch Project Area Map
Item 6c
Project Activities Prior to 2023
The following project-related activities occurred prior to 2023:
A. Specific Plan, VTTM 3096, and Final EIR Approval. The SLRSP was adopted by the City Council in July 2017. VTTM 3096, which covers the entire Specific Plan area, was adopted at the same time as the SLRSP. A Final Environmental Impact Report (“FEIR”) was prepared analyzing the environmental effects of the proposed development, and the City Council certified the FEIR for the project, including adopting CEQA findings and a Statement of Overriding Considerations and a Mitigation Monitoring and Reporting Plan.
B. Specific Plan Amendment and Final Supplemental EIR. On July 17, 2018, the City Council approved a Specific Plan Amendment for the project and adopted a resolution certifying Final Supplemental Environmental Impact Report (“FSEIR”) for the revised project, which was prepared analyzing the environmental effects of a revised development project with modified phasing, and the City Council adopted CEQA Findings and a Statement of Overriding Considerations and an updated Mitigation Monitoring and Reporting Plan.
C. Development Agreement Approval. The Development Agreement for the San Luis Ranch project was introduced on July 17, 2018, adopted by the City Council on August 21, 2018, and recorded on September 18, 2018. The DA has not been formally amended since its adoption. However, pursuant to Section 9.03 and 9.04 of the DA, two operating memoranda and two Administrative Amendments were executed by the City Manager and Community Development Director prior to 2023 that clarified certain aspects of implementing the project. These documents are provided as Attachments F, G, I, and J to this report. Consistent with Articles 10 and 11 of the DA, a report documenting compliance with the DA must occur on an annual basis.
D. CFD Formation. Pursuant to Section 5.02 of the Development Agreement, a Mello-Roos Community Facilities District (CFD) was established and approved by the City Council in February 2019 and formally adopted on April 16, 2019 (Ordinance No. 1661). The CFD also requires an annual report, but this is typically prepared at the end of each fiscal year to coincide with the Citywide budget and is therefore not included in this report.
E. NG-10 (Single Family Residential). The Specific Plan includes up to 198 traditional single-family 40-foot wide, 3,200 square foot lots. Grading was completed for this
21.5-acre portion of the SLRSP in 2021. Key roadway infrastructure, including the extension of Froom Ranch Way, was completed. In 2022, all internal roadways and backbone utilities were completed, and 71 residential units were completed and occupied, plus construction of the model homes. An additional 34 units were under construction prior to 2023.
Item 6c
F. NG-23 (Medium Density Residential). The Specific Plan includes up to 83 singlefamily 30-foot wide, 2,400 to 3,000 square foot lots. Grading was completed for this 7.3-acre portion of the SLRSP site in 2021. In 2022, all internal roadways and backbone utilities were completed, and 70 residential units were completed, with the remaining 13 units under construction prior to 2023.
G. NG-30 (Multi-Family Residential). The City Council approved Vesting Tentative Tract Map (VTTM) 3150 (which covers this portion of the SLRSP) on April 7, 2020.
The Final Map was approved on October 6, 2020. VTTM 3150 is 10.6-acre portion of previously approved VTTM 3096, which further subdivided the multi-family development for 296 condominium lots to be constructed as a variety of unit types with townhomes, stacked flats, and efficiency units. Although the site was graded, no housing development occurred until 2022, when 106 units were completed, with another 92 under construction prior to 2023.
H. NC (Hotel Project). The Planning Commission approved a Development Plan for a 200-room dual brand hotel on a 3.41-acre site within the NC zone, July 22, 2020.
I. NC (Commercial Mixed Use Project). Lot 7 under the originally approved VTTM 3096 and Specific Plan was approved for 150,000 square feet of commercial development intended to serve neighborhood residents as well as visitors. On November 17, 2020, the City Council approved a Specific Plan Amendment and VTTM 3142, which would accommodate up to 114,300 SF of commercial and 77 affordable housing units on 11 lots within the subdivision. No development has occurred on that site. Please refer to the discussion of the affordable housing requirements of the Development Agreement under the Project Compliance section of this report for further discussion.
J. Ag Heritage Center. The Planning Commission approved the design for the Agricultural Heritage and Learning Center portion of the project on October 27, 2021. The 53-acre AG-zoned portion of the Specific Plan includes 31,236 square feet of commercial buildings, including retail, restaurant, a market, and agricultural processing uses. Building permits for the four new shell buildings were issued in September 2022. Historic buildings were moved to the site, and some activity related to their rehabilitation was begun prior to 2023.
K. Public Improvements. Public Improvement Plans (PIPs) were approved for onsite improvements associated with VTTM 3096, and these were underway prior to 2022, including the extension of backbone roadways and utilities through the site.
This included the extension of Dalidio Drive and Froom Ranch Way. PIPs were also approved for offsite improvements associated with Froom Ranch Way west of the site to its intersection with Los Osos Valley Road, and this roadway was completed. Nearly all major onsite and offsite public improvements, including backbone roadways and utilities were completed in 2022. This also includes the central park within the single-family portion of the Specific Plan area. The Prado Road interchange project was still under review, and no grading or construction activities related to this project had begun.
Item 6c
Development and Related 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. NG-10 (Single Family Residential). In 2022, all internal roadways and backbone utilities were completed, and 71 residential units were completed and occupied, plus construction of the model homes. An additional 52 units were completed in 2023 and through March 4, 2024, with 46 units currently under construction. There are 29 remaining single-family units that have not yet begun construction.
Completion of the single-family units is expected in December 2024, for a total of 198 NG-10 units in this area.
B. NG-23 (Medium Density Residential). All internal roadways and backbone utilities were completed in 2022, along with 70 residential units. The final 13 units within this development were completed in 2023. This portion of the Specific Plan has been fully built out, with a total of 83 NG-23 units.
C. NG-30 (Multi-Family Residential). All approved multi-family residential development with VTTM 3150 has either been completed or is under construction.
A total of 202 residential units have been completed to date, 96 of which occurred in 2023 and through March 4, 2024. An additional 94 units are under construction.
Once these units are completed, all 296 units approved in this area will have been built. Completion is expected in July 2024. The Third DA Administrative Amendment (Attachment K) was signed September 13, 2023, to allow the for-rent Workforce Housing Units to be to be rented to households below 121% area median income in order to make the units eligible to more residents.
D. NC (Hotel Project). A building permit for the 4-story structure was issued in December 2022, and construction began on the 200-room hotel project in 2023.
The hotel has a 2-year construction schedule, with completion expected in early 2025.
Ag Heritage Center. Construction is ongoing, with the shell buildings mostly completed in 2023. Tenant improvement permits are currently in process for several restaurant, brewery, retail, market, and agricultural processing uses. Restoration of the historic structures is nearing completion, with designs consistent with the Cultural Resources report. The center has been named “SLO Ranch Farms and Marketplace” and is expected to be complete and open to the public in summer 2024. An Agricultural Conservation Easement has been recorded for approximately 42 acres of prime farmland. The property owner has leased the land to an organic blueberry farmer who is currently installing crops and site improvements in the area. City Staff is working with the blueberry farmer to ensure compliance with mitigation measures for landscape buffering and fencing on the farm, and permits are being obtained through the City Building Department where required.
Item 6c
E. Public Improvements. Nearly all major onsite and offsite public improvements, including backbone roadways and utilities were completed prior to 2023. The only substantial remaining public improvement is the fourth leg of the roundabout at Dalidio/Froom Ranch Way, the design of which was approved in 2023. The applicant is in continued negotiations with the property owner to the east for the necessary right of way, which is required before construction can begin. Other minor remaining work includes installing a permanent electrical service to the pedestrian crosswalk across Madonna Road as part of the Tract 3150 improvements, along with a warranty issue with the asphalt pavement in Tract 3096 which the Public Works Department is currently resolving with the developer.
Public and private reimbursement agreements for oversized infrastructure and sewer lines will go to the City Council for its consideration later in 2024, pending receipt of cost documentation from the San Luis Ranch developer. Once received, City staff will prepare reimbursement agreements for Council consideration.
F. Prado Road Interchange. San Luis Ranch recently fulfilled its required 28% contribution towards the Prado Road interchange per requirements of the Development Agreement, with a contribution of $28,415,268, consistent with DA Operating Memorandum #3, signed on November 15, 2023 (Attachment H).
Reimbursements were credited for oversizing of some infrastructure built by San Luis Ranch, reducing the developer’s net financial obligation to $24,018,752. The developer made a cash payment of $14,121,072 on November 17, 2023. CFD funds of $9,897,680, held from the developer’s original bond sale in 2020 for project infrastructure, has been reserved for the City to use towards the Prado interchange. Collectively, San Luis Ranch’s recent payment and the CFD reserve described above satisfy the developer’s full financial obligation toward the Prado Road Interchange. The City has continued the project development process for the Prado Road Interchange in coordination with Caltrans, with the project now advancing from the Project Approval and Environmental Document (PA-ED) phase to the final design phase, with start of construction slated for 2027. The payment of funds constitutes substantial compliance with the Developer’s conditions for Prado Road and it will be important to keep the project on schedule or escalating costs could inure to the City.
G. Hazardous Tree Removals. On February 13, 2024, San Luis Ranch submitted an application to remove eucalyptus trees that posed a hazard to proposed development. Based on an evaluation of the accompanying arborist report, the City Arborist approved 35 trees to be removed, consistent with Municipal Code provisions that allow for the removal of trees that pose an imminent hazard to lives or property. Eight trees were approved for immediate removal, with the other 27 subject to a 10-day appeal period. In a similar action in October 2023, the City also authorized San Luis Ranch to remove four trees as recommended for removal by the applicant’s arborist. The removals are currently in process by San Luis Ranch. Another tree removal application was submitted in March 2024 to request removal of an additional six trees. The application is currently under review
Item 6c
by the City Arborist. All tree removals will be subject to replanting consistent with Mitigation Measures BIO-2(a) and BIO-2(b), which address tree replacement requirements. Refer to the Project Compliance section of this report for additional discussion.
New Applications in 2024 for Which Activities Have Not Yet Begun A. Lot 7 Residential Development Application. The San Luis Ranch developer has been working on preliminary plans which propose a predominantly residential development on Lot 7. The original 2017 San Luis Ranch Specific Plan identified that Lot 7 was to deliver 150,000 square feet of commercial development. On November 17, 2020, the City Council approved a Specific Plan Amendment and VTTM 3142 for a mixed-use development on Lot 7 which would accommodate up to 114,300 square feet of commercial and 77 affordable housing units on 11 lots.
No final map for VTTM 3142 has been recorded, and no development has occurred pursuant to that approval.
Lot 7 is currently zoned Neighborhood Commercial. The preliminary site plan proposed by the developer as part of its application to alter the current entitlements for Lot 7 contemplates 276 market rate units to be developed by San Luis Ranch and up to 77 affordable units to be developed by Peoples’ Self-Help Housing.
Approximately 7,000 square feet of commercial space is proposed at the corner of Dalidio and Froom Ranch Way. The Specific Plan application fee has been paid, and the applicant is currently preparing the application materials for submittal. The proposal would require a General Plan amendment and Specific Plan amendment which are expected to be scheduled for City Council review to consider project initiation later this year.
B. Office Lot. A 4.2-acre parcel is located on the east side of Froom Ranch Way and Dalidio near the future Dalidio Highway 101 interchange. The parcel is zoned Neighborhood Commercial and is identified for between 50,000 and 150,000 square feet of office buildings. Access to this parcel will be provided from the fourth leg of the Dalidio roundabout when right-of-way is acquired and the driveway is constructed in the future. No permits have been issued for construction on the office lot to date.
Item 6c
PROJECT COMPLIANCE
Development Agreement
Implementation of the San Luis 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, the Specific Plan provides more affordable housing units than required by the City’s standard inclusionary housing requirements.
Tract 3096 constructed offsite improvements to mitigate for the increase in traffic generated by the development. The developer is also paying fair share fees for projects that are not triggered solely by this development but will ultimately be needed upon buildout of the City. As described in the DA and the conditions of approval, some of the improvements being constructed with Tract 3096 are eligible for reimbursement, including wastewater and transportation infrastructure. Reimbursement agreements outlining the process which will be used to reimburse San Luis Ranch for qualifying oversized infrastructure will be presented to Council as separate agenda items. The reimbursement agreements are planned to provide reimbursement to San Luis Ranch via a combination of transportation impact fees already paid by San Luis Ranch, or pass-through fair share mitigation fees paid by other private developments.
Tract 3096 is meeting the City’s agricultural land preservation requirements through a combination of onsite preservation and offsite easements. An Agricultural Conservation Easement was dedicated on January 30, 2019, to preserve 42.56 acres of prime farmland for onsite farming within the San Luis Ranch. Efforts related to this issue are in compliance with DA requirements.
Although the DA also addresses financing issues in great detail, compliance with these provisions will be addressed at the end of Fiscal Year 2023-24 (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.
Several provisions of the DA warrant discussion because they either address issues that are currently in the process of being implemented, or require further action to bring the project into compliance:
Item 6c
A. Section 5.04.4. Early Residential Development Fee. This provision of the DA requires the applicant to pay a fee to offset impacts to the City’s General Fund for the cost of services associated with residential development in the event units are constructed prior to the commercial component of San Luis Ranch being completed. The DA requires an Early Residential Development Fee of $262.00 per completed residential unit, less any unoccupied model homes, if the unit is completed before a certificate of occupancy is issued for any commercial use within the project. The cut-off date to establish final permits for calculation of fee is February 28th of each year. As of February 28, 2024, the City has identified a total of 400 residential units to which the fee will apply. (205 SFR Units; 202 MFR Units; 7 Unoccupied Model Homes). The total fee required to be paid for 2024 is $104,800. Payment was made by MI San Luis Ranch on April 5, 2024 to fulfill this DA requirement. MI San Luis Ranch paid $56,592 in 2023 based on 216 completed units, and $9,432 in 2022 based on 36 completed units. Upon the issuance of the first certificate of occupancy for any commercial use in the project, the obligation to pay the Early Residential Development Fee shall terminate and shall thereafter no longer be collected by or paid to the City.
B. Section 7.05. Affordable Housing Provisions. A key aspect of the approval of the multi-family development Tract 3142 and the Specific Plan amendment approved by City Council in November 2020 was that the commercial parcel on Lot 7 would absorb the majority of the inclusionary affordable housing requirement for San Luis Ranch and be developed as mixed-use. The inclusionary and affordable housing requirements are summarized in Exhibit F of the DA, and the transfer of the required affordable units to Lot 7 was memorialized in the First Administrative Amendment to the DA, recorded in February 2021 (Attachment I). Between 64 to 77 affordable housing units are required to be constructed on Lot 7. This includes 26 affordable units transferred from the NG-30 MFR lot, which are a requirement of the existing project, plus 34 affordable units, which are required to satisfy the inclusionary requirement for the future commercial on Lot 7. That project has not yet been constructed, and until it is, the project will not have fully complied with this crucial provision of the DA. The new application for Lot 7, which would replace the approved mixed-use project contemplated in Tract 3142, will be required to be consistent with the affordable housing provisions of the DA. The development of the affordable housing portion of the project is a crucial component of the project and, should it appear that the developer is not making progress toward the provision of the required affordable housing, staff will consider actions to ensure compliance.
C. Section 7.06.a. Solar Energy Generation. The DA requires that the project “provide for accelerated compliance with the City’s Energy Conservation Goals and its Climate Action Plan by implementing energy conservation measures significantly above City standards and norms by providing for solar PV energy generation for 100 percent of onsite electrical demand at build-out.” Solar is provided with the single and multi-family housing, but for other aspects of the project, this issue has not yet been fully addressed. For instance, the Ag Heritage Center identified PV
Item 6c
systems as a deferred submittal with the shell building, but the City has not received this submittal yet. PV systems have not been submitted for the hotel site yet, however the site is still under construction. Energy generation on the Lot 7 commercial parcel and the office lots have not yet been identified. City staff will monitor to ensure compliance with the requirements of this provision as the project is built out. Should it appear that the developer is not making progress toward the requirements of this provision, the City will consider actions to ensure compliance.
Attachment A summarizes the project’s current compliance status with respect to relevant provisions of the DA. Except as noted above, as of March 2024 the developer is in compliance with all applicable requirements of the DA with respect to project milestones.
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 (FEIR) for San Luis Ranch, certified by the City Council on July 18, 2017. Some of the traffic mitigation measures were updated in a subsequent City Council action taken on August 18, 2020. The Mitigation Monitoring and Reporting Program (MMRP) describes the procedures for the implementation of the mitigation measures identified in the FEIR. 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, except as noted below. In some instances, compliance is ongoing (e.g., with respect to biological and cultural resource issues) or currently in process of being completed.
Key mitigation measures currently in the process of being implemented, or require further action to bring the project into compliance, are:
A. Mitigation Measure AG-3(a). Agricultural Conflict Avoidance Measures.
Agricultural buffer, fencing, and related signage are required with the build out of Agricultural Heritage Center and installation of agricultural operations within the Conservation Easement. Installation is in progress, not yet completed.
B. Mitigation Measure AG-3(b). Agricultural Fencing. Installation of the required agricultural fencing is required in conjunction with current agricultural site development and Agricultural Heritage Center. Installation is in progress, not yet completed.
C. Mitigation Measure AG-3(c). Agricultural Buffer Landscaping. Installation of agricultural buffer landscaping is required in conjunction with the current site development of the blueberry farm. Installation is in progress, but not yet completed.
Item 6c
D. Mitigation Measure AQ-1. Encourage Telecommuting. Compliance status to be determined, pending verification from project developer.
E. Mitigation Measure AQ-3(a). Standard Air Quality Operation Mitigation Measures.
With regard to the requirement to use onsite renewable energy systems, compliance status is still to be determined for the Hotel and AG Heritage Center projects.
F. Mitigation Measure AQ-3(b). Offsite Air Quality Mitigation. Compliance status to be determined, pending verification from project developer that air emissions have been reduced to below daily threshold levels.
G. Mitigation Measure BIO-1(f). Great Blue Heron and Monarch Butterfly Impact Avoidance and Minimization. City staff has not received required annual reporting for Habitat Enhancement Plan, verification of ongoing maintenance and required tree replantings, including compensatory tree replantings for previous tree removals. Verification of creation of required offsite nesting habitat for great blue herons also needs to be provided by the applicant. This Mitigation measures has not yet been fulfilled, and therefore San Luis Ranch is not in compliance with this requirement.
H. Mitigation Measure BIO-2(a). Biological Habitat Mitigation and Monitoring Plan.
City staff has not received required annual reporting for HMMP, including verification of required riparian habitat replacement at a 2:1 ratio. Annual monitoring is a requirement of the Habitat Mitigation and Monitoring Plan. San Luis Ranch is not in compliance with this mitigation measure and needs to submit annual monitoring and show compliance with replanting requirements.
I. Mitigation Measure BIO-2(b). Tree Replacement for removals. Compliance status to be determined, pending verification from developer that tree replacements have been completed in accordance with annual reporting monitoring requirements (3 years), and direction from the City’s Natural Resources Manager. Additional compensatory plantings will be required for compliance with Municipal Code requirements to mitigate the hazardous tree removals recently authorized in late 2023 and 2024. Currently, San Luis Ranch is not in compliance with this mitigation measure.
J. Mitigation Measure BIO-2(c). Froom Ranch Way Bridge Design to Avoid Riparian Areas. Compliance status to be determined, pending verification from developer that required tree replacements have been completed accordance with annual reporting monitoring requirements (5 years), and direction from the City’s Natural Resources Manager.
K. Mitigation Measure CR-1(a). Historical Structure Relocation and Reconstruction Plan. Pending completion of reconstruction, currently in progress. Informational signage and a completion letter from the project’s historical resources consultant is currently being prepared.
L. Mitigation Measure T-3(a). Madonna Road Improvements. A component of this measure requires SLR funding an assessment for increasing transit headways.
That study is underway as part of Short Range Transit Plan development. SLR did not contribute financially, but the study is underway.
Item 6c
In other cases, compliance cannot yet be determined because the project has not progressed sufficiently to trigger the required mitigation (e.g., items that relate to the design of commercial buildings). All applicable traffic mitigation has been completed as required to date. The only remaining fair share traffic mitigation fees are ongoing payment of Transportation Impact Fees (“TIF”) with each building permit. 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 San Luis Ranch subdivision map (vesting tentative map for Tract 3096) approved by the City Council on July 18, 2017.
Attachment C shows the current status of compliance with all relevant project conditions.
In summary, the project is in compliance or working towards compliance with all applicable project conditions required to date, with exception of the items noted below.
Some conditions of approval have been fulfilled, while some are ongoing, and others will be addressed in later phases of development. The compliance status of the following conditions is pending resolution of key actions that are either ongoing or not yet completed:
A. Condition 18. This requires the applicant to fund “monitoring of Highway 101 mainline merge, diverge, and weave level of service between Marsh & LOVR at occupancy of 100 units and again at occupancy of 200 units of the project. If deemed necessary by the City and Caltrans, components of the Prado Road Interchange Project, such as ramp metering or auxiliary lanes may be advanced.” The City has been in recent contact with Caltrans regarding the steps to fulfill this condition. Caltrans has requested current traffic counts at a couple of locations along the US 101 corridor to help guide their future planning efforts for potential ramp metering or other capacity improvements. City Staff is in contact with the San Luis Ranch developer to collect this information in spring 2024 before schools are out for the summer. Caltrans has not requested a comprehensive monitoring program, operations analysis, or preliminary design for ramp metering.
B. Conditions 21 and 38. To facilitate the orderly development, the project anticipates future construction of the Prado Road Overpass, and VTTM Conditions of Approval 21 and 38 require the developer to construct a multilane roundabout control at Dalidio Drive and Froom Ranch Way. The first two legs of the roundabout have been installed. The third leg will be the future connection to the Prado Road overpass, and the fourth leg will provide access to the Madonna Plaza and Embassy Suites private development and the San Luis Ranch office lot. The Conditions of Approval require the developer to exhaust all feasible efforts to acquire the necessary off-site dedications, easements, and agreements for construction of the roundabout improvements. The San Luis Ranch developer has
Item 6c
been in negotiations with the adjacent property owner to acquire an access easement to construct the fourth leg of the Dalidio roundabout, and resolution of this requirement appears to be nearing completion. Improvements for the access driveway will be installed when right-of-way easements are obtained.
C. Condition 55. Street trees are required as a condition of development, and as shown on the conceptual landscape plan approved with Vesting Tentative Tract Map 3096. Street trees shall generally be planted at the rate of one 15-gallon street tree for each 35 lineal feet of property frontage. Froom Ranch Way was constructed without the required street trees. City Staff is continuing ongoing discussions with the developer in an effort to bring this item into compliance.
D. Condition 68. The implementation of the required recycled water system is currently under discussion between City Utilities staff and the developer.
Recycled water lines have been installed, however, installation of recycled water meters and backflow preventors are needed in order to make the system operational. City Staff will continue to work with the developer to complete the recycled water system.
Community Facilities District (CFD)
A Mello-Roos Community Facilities District (CFD) was established and approved by the City Council in February 2019 and formally adopted on April 16, 2019 (Ordinance No. 1661). The CFD for San Luis Ranch is a special tax assessment in the district which was established to fund infrastructure.
The City is authorized to levy the tax through the annual property tax roll. In addition, the City is responsible for the calculation and reporting of the annual special tax in accordance with the Rate and Method of Apportionment. The City prepares the Annual Tax Report for the CFD which reports on the status of the CFD, the costs of CFD, and the amount of special taxes calculated and collected. 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 on August 15, 2023.
Previous Council or Advisory Body Action
The following City Council or Advisory Body actions have occurred relevant to the project activity currently underway:
Specific Plan, VTTM 3096, and FEIR Approval. The SLRSP was adopted by the City Council in July 2017. VTTM 3096, which covers the entire Specific Plan area, was adopted at the same time as the SLRSP. The City Council certified the Final Environmental Impact Report for the project, including adopting CEQA findings and a Statement of Overriding Considerations and a Mitigation Monitoring and Reporting Plan.
Item 6c
Specific Plan Amendment and Final Supplemental EIR (FSEIR). On July 17, 2018, the City Council approved a Specific Plan Amendment for the project and adopted a resolution certifying Final Supplemental Environmental Impact Report (“FSEIR”) for the revised project, which was prepared analyzing the environmental effects of a revised development project with modified phasing.
Development Agreement Approval. The Development Agreement (“DA”) for the San Luis Ranch project was adopted by the City Council on August 21, 2018, and recorded on September 18, 2018.
Park Design Approval. The Parks and Recreation Commission (PRC) approved the design of the 2.8-acre central park on November 7, 2018. Final Map Approval. The Final Map for VTTM 3096 was approved by the City Council on November 27, 2018.
CFD Formation. Pursuant to Section 5.02 of the Development Agreement, a MelloRoos Community Facilities District (CFD) was established and approved by the City Council in February 2019 and formally adopted on April 16, 2019 (Ordinance No. 1661).
Updated Mitigation Measures and FEIR Addendum. The City Council approved updated traffic mitigation measures and adopted a related FEIR Addendum on August 18, 2020.
Final Map Recordation. The Final Map for VTTM 3096 was recorded on September 14, 2020.
VTTM 3150 Approval (NG-30 - Multi-Family Residential). The City Council approved VTTM 3150 on April 7, 2020. The Final Map was approved on October 6, 2020.
NC (Hotel Project). The Planning Commission approved a 200-room dual brand hotel on a 3.41-acre site within the NC zone on July 22, 2020. The project was referred to the Airport Land Use Commission to consider whether it complied with all conditions related to a previous ALUC conformance finding with the ALUP. On September 2, 2020, the ALUC modified one of its previous conditions to ensure compliance.
NC (Commercial Mixed Use Project). On November 17, 2020, the City Council approved a Specific Plan Amendment and VTTM 3142, which would accommodate up to 114,300 SF of commercial and 77 affordable housing units on 11 lots within the subdivision.
Item 6c
Agricultural Heritage Center. The Planning Commission approved the design for the Agricultural Heritage and Learning Center portion of the Specific Plan on October 27, 2021.
Acceptance of Improvements. The City Council adopted a resolution for partial acceptance of public improvements and certification of completion of required private improvements for Tract 3150, a multi-family condominium re-subdivision of Lots 1 and 2 Tract 3096 on February 21, 2023.
Summary
As outlined in this report, while the San Luis Ranch project is moving forward, it appears that the Developer is not in compliance with several required mitigation measures or project conditions. City staff will continue to work with the Developer to ensure compliance moving forward. Continued non-compliance or lack of action toward compliance may result in actions being taken by the City to encourage compliance of these required conditions and mitigation measures.
Public Engagement
An extensive public review process was completed with the approval of the Tentative Map and San Luis Ranch Specific Plan. The annual monitoring of the San Luis 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.
ENVIRONMENTAL REVIEW
Annual monitoring of the San Luis 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 “common sense” 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 of the approved San Luis 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.
Item 6c
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 5.03.2.(f) of the San Luis Ranch Development Agreement requires the developer to pay for consultant costs related to the 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 San Luis Ranch MMRP and DA review totaled $8,640. The consultant is contracted by the City and paid for by the San Luis 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 infrastructure. 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 on August 15, 2023.
ALTERNATIVES
1. Council could provide specific direction to Staff to work with the SLR Developer on conditions, mitigations, or other requirements.
2. Council could decide to provide direction to staff regarding the annual monitoring report for the San Luis Ranch project and continue the item to a future meeting.
3. Council could decide to reject the annual monitoring report for the San Luis Ranch project. This is not recommended since annual monitoring is a requirement of the DA and State Law (California Government Code § 65865.1).
Item 6c
ATTACHMENTS
A – Summary of Compliance with the San Luis Ranch Development Agreement B – Summary of Compliance with the San Luis Ranch MMRP
C – Summary of Compliance with the San Luis Ranch Project Conditions D – San Luis Ranch Mitigation Monitoring and Reporting Plan (March 2024) E – San Luis Ranch Development Agreement (provided via hyperlink) F – San Luis Ranch DA Operating Memorandum 1
G – San Luis Ranch DA Operating Memorandum 2
H – San Luis Ranch DA Operating Memorandum 3
I – First Administrative Amendment to San Luis Ranch DA J – Second Administrative Amendment to San Luis Ranch DA K – Third Administrative Amendment to San Luis 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
San Luis Ranch Project EIR
Mitigation Monitoring and Reporting Program (updated March 2024)
MITIGATION MONITORING AND REPORTING PROGRAM
This document is the Mitigation Monitoring and Reporting Program (MMRP) for the San Luis Ranch Project, proposed in the City of San Luis Obispo, California. Public Resources Code Section 21081.6(a)(1) requires that a Lead Agency adopt an MMRP before approving a project in order to mitigate or avoid significant impacts that have been identified in an Environmental Impact Report (EIR). The purpose of the MMRP is to ensure that the required mitigation measures identified in the EIR are implemented as part of the overall project development process. In addition to ensuring implementation of mitigation measures, the MMRP provides guidance to agency staff and decision-makers during project implementation, and identifies the need for enforcement action before irreversible environmental damage occurs. Where an impact was identified to be less than significant in the EIR, no mitigation measures were required.
The San Luis Ranch Project consists of a Specific Plan, General Plan Amendment/Pre-Zoning, and Development Plan/Vesting Tentative Tract Map for a 131-acre project site, including annexation of the site into the City of San Luis Obispo. The project includes construction of up to 580 residential units, 150,000 square feet of commercial development, 100,000 square feet of office development, and a 200-room hotel, with a portion of the site preserved for agriculture and open space uses. The following table summarizes the mitigation measures for each issue area identified in the Final EIR as updated through the Final Supplemental EIR for the project.
Specifically, the table identifies each mitigation measure; the action required for the measure to be implemented; the time at which the monitoring is to occur; the monitoring conditions; and the agency or party responsible for ensuring that the monitoring is performed. In addition, the table includes columns for compliance verification.
San Luis Ranch Project EIR
Mitigation Monitoring and Reporting Program (updated March 2024) 2 Mitigation Measure
Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
Agricultural Resources
AG-1 Agricultural Conservation. Prior to issuance of any grading permits, the project proponent shall provide that for every one (1) acre of Important Farmland (Prime Farmland, Farmland of Statewide Importance, and Unique Farmland)
on the site that is permanently converted to non-agricultural use as a result of project development, one (1) acre of land of comparable agricultural productivity shall be preserved in perpetuity. The land dedicated to agriculture pursuant to this measure shall be of size, location and configuration
appropriate to maintain a viable, working agricultural
operation. The acreage required to meet the 1:1 ratio may be met by the off-site agricultural conservation
easement/deed restriction proposed by the project applicant, as long as this land meets the conditions outlined in this measure. Said mitigation shall be satisfied by the applicant through:
1) Granting a perpetual conservation easement(s), deed
restriction(s), or other farmland conservation
mechanism(s) to the City or qualifying entity which has been approved by the City, such as the Land
Conservancy of San Luis Obispo, for the purpose of
permanently preserving agricultural land. The required
easement(s) area or deed restriction(s) shall therefore total a minimum of 56 acres of Prime Farmland. The
land covered by said on- and/or off-site easement(s) or deed restriction(s) shall be located within or contiguous to the City’s Urban Reserve Line or Greenbelt subject
to review and approval of the City’s Natural Resources
Manager; or
2) Making an in-lieu payment to a qualifying entity which has been approved by the City, such as the Land
Conservancy of San Luis Obispo, to be applied toward
the future purchase of a minimum of 56 acres of Prime
Farmland in San Luis Obispo County, together with an
endowment amount as may be required. The payment
amount shall be determined by the qualifying entity or a licensed appraiser; or
3) Making an in-lieu payment to a qualifying entity which has been approved by the City and that is organized for conservation purposes, to be applied toward a future
perpetual conservation easement, deed restriction, or
other farmland conservation mechanism to preserve a
minimum of 56 acres of Prime Farmland in San Luis
Prior to issuance of any
grading permits for the project,
the applicant shall provide
evidence of the recorded
easement(s), deed
restriction(s), or evidence of
payment to the City Planning
Department or qualifying entity
for approval to demonstrate
compliance with this measure.
Notices, payment of in-lieu
fees, and/or dedication of
agricultural conservation
easements shall be completed
by the applicant prior to
development plan approval.
The City shall ensure
compliance with Land Use
Element Policy 8.6.3. The City
shall make the final decision on
the specific requirements for
agricultural mitigation prior to
development plan approval.
Compliance Status:
City staff worked with
development team in 2019 on
Final map, which slightly
modified the acreages of ag
preserved onsite. City staff
verified substantial conformance
with this mitigation measure in
August 2019.
City of San Luis
Obispo Planning
Department or
qualifying entity;
City of San Luis
Obispo Natural
Resources
Manager.
10-19 Yes
San Luis Ranch Project EIR
Mitigation Monitoring and Reporting Program (updated March 2024) 3 Mitigation Measure
Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
Obispo County. The amount of the payment shall be
determined by the qualifying entity or a licensed
appraiser; or
4) Any combination of the above.
AG-3(a) Agricultural Conflict Avoidance Measures. The
following language shall be added to Section 4.2.1,
Agricultural Buffer, of the San Luis Ranch Specific Plan:
Agricultural buffers will include City-approved measures to reduce availability of public access to agricultural cultivation areas adjacent to the project site (e.g.,
fencing, signs, etc.). Future residents will be notified of agricultural buffers as part of purchase or lease
agreements.
The applicant shall add the
agricultural buffer
specifications to the Specific
Plan.
Agricultural buffers to be
installed on site per Specific
Plan requirements
The City Natural Resources
Manager shall make the final
decision on the specific
requirements for agricultural
conflict avoidance measures
prior to development plan
approval for the project, and
shall ensure that agricultural
conflict avoidance measures are
implemented in compliance with
applicable General Plan
policies.
Compliance Status:
Language added to revised and
updated Specific Plan following
8-21-18 amendment.
Installation in progress.
City of San Luis
Obispo Natural
Resources
Manager.
8-18 Specific
Plan –
Yes
Installation
– In
Progress
AG-3(b) Agricultural Fencing. The project applicant shall coordinate with the City to fund installation of fencing and signs along Froom Ranch Way and Dalidio Drive/Prado
Road to minimize potential for increases in trespass and vandalism of adjacent agricultural areas.
The applicant shall clearly
identify agricultural fencing
within the development plan
and tract map.
The City Natural Resources
Manager shall review the
development plan and VTTM to
ensure that design includes
installation of fencing and signs
as required under Mitigation
Measures AG-3(b) and AG-3(c).
The City Natural Resources
Manager shall also review the
final landscape plan to ensure
that the species mix and density
of proposed plantings would
provide an adequate landscape
buffer. Field inspections at
appropriate phases of project
construction shall confirm
installation and compliance with
Mitigation Measures AG-3(b)
and AG-3(c).
City of San Luis
Obispo Natural
Resources
Manager.
In
progress
San Luis Ranch Project EIR
Mitigation Monitoring and Reporting Program (updated March 2024) 4 Mitigation Measure
Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
Compliance Status:
Not completed. City staff is
requiring installation of this with
current ag site Agreement.
AG-3(c) Buffer Landscaping. To reduce the potential for noise, dust, and pesticide drift to affect future residents on the project site, the project applicant shall ensure that project landscape plans include planting of a windrow of trees and shrubs within the agricultural buffer along Froom Ranch Way at a sufficient density to buffer the site from surrounding agricultural operations.
The applicant shall clearly
identify buffer landscaping
within the development plan
and tract map.
The City Natural Resources
Manager shall review the
development plan and VTTM to
ensure that design includes
installation of fencing and signs
as required under Mitigation
Measures AG-3(b) and AG-3(c).
The City Natural Resources
Manager shall also review the
final landscape plan to ensure
that the species mix and density
of proposed plantings would
provide an adequate landscape
buffer. Field inspections at
appropriate phases of project
construction shall confirm
installation and compliance with
Mitigation Measures AG-3(b)
and AG-3(c).
Compliance Status:
Required through the Specific
Plan; installation not yet
completed.
City of San Luis
Obispo Natural
Resources
Manager.
TBD
Air Quality
AQ-1 Encourage Telecommuting. The project applicant or
developers of individual projects within the Specific Plan Area shall include provisions to encourage employers within the proposed commercial, office, and hotel components of the project to implement telecommuting programs and
include teleconferencing capabilities, such as web cams or satellite linkage, which will allow employees to attend meetings remotely without requiring them to travel out of the area.
The project applicant or
developers of individual
projects within the Specific
Plan Area shall submit proof
that employers within the
proposed commercial, office,
and hotel components of the
project have either
implemented telecommuting
programs or include
teleconferencing capabilities,
The Community Development
Department shall verify
teleconferencing capabilities, if
feasible, are included in tenant
improvements prior to issuance
of occupancy permits.
Compliance Status:
Required and noted on Tract
Map. To be verified when
development occurs.
City of San Luis
Obispo
Community
Development
Department.
1-20
4-20
7-20
11-20
Ongoing
with
individual
projects
San Luis Ranch Project EIR
Mitigation Monitoring and Reporting Program (updated March 2024) 5 Mitigation Measure
Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
or proof that such a program is
infeasible.
AQ-2(a) Fugitive Dust Control Measures. Construction
projects shall implement the following dust control measures so as to reduce PM10 emissions in accordance with
SLOAPCD requirements.
Reduce the amount of the disturbed area where
possible;
Water trucks or sprinkler systems shall be used during construction in sufficient quantities to prevent airborne dust from leaving the site. Increased watering
frequency shall be required whenever wind speeds
exceed 15 mph. Reclaimed (non-potable) water or a
SLOAPCD-approved dust suppressant shall be used
whenever possible, to reduce the amount of potable
water used for dust control. Please note that since
water use is a concern due to drought conditions, the
contractor or builder shall consider the use of an
APCD-approved dust suppressant where feasible to
reduce the amount of water used for dust control;
All dirt stock pile areas shall be sprayed daily as
needed;
Permanent dust control measures identified in the
approved project revegetation and landscape plans
shall be implemented as soon as possible following
completion of any soil disturbing activities;
Exposed ground areas that are planned to be reworked
at dates greater than one month after initial grading
shall be sown with a fast germinating, non-invasive
grass seed and watered until vegetation is established; All disturbed soil areas not subject to revegetation shall be stabilized using approved chemical soil binders, jute netting, or other methods approved in advance by the
SLOAPCD;
All roadways, driveways, sidewalks, etc. to be paved
shall be completed as soon as possible after grading
unless seeding or soil binders are used;
Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the
construction site;
Future development shall
incorporate the listed
provisions into development
plans prior to issuance of
grading permits.
The Community Development
Department shall verify
compliance prior to issuance of
grading permits. The
Community Development
Department shall site inspect to
ensure construction is in
accordance with approved
plans.
Compliance Status:
Required in Specific Plan and
noted on Tract Map and
Grading Plans. Current grading
efforts comply. Future grading
will require field verification.
City of San Luis
Obispo
Community
Development
Department.
1-20
4-20
7-20
11-20
10-21
Yes;
ongoing
with
individual
projects
San Luis Ranch Project EIR
Mitigation Monitoring and Reporting Program (updated March 2024) 6 Mitigation Measure
Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
All trucks hauling dirt, sand, soil, or other loose
materials are to be covered or shall maintain at least
two feet of freeboard (minimum vertical distance
between top of load and top of trailer) in accordance
with California Vehicle Code Section 23114;
Install wheel washers where vehicles enter and exit
unpaved roads onto streets, or wash off trucks and
equipment leaving the site;
Sweep streets at the end of each day if visible soil
material is carried onto adjacent paved roads. Water
sweepers with reclaimed water shall be used where
feasible;
All of these fugitive dust mitigation measures shall be shown on grading and building plans; and
The contractor or builder shall designate a person or persons to monitor the fugitive dust emissions and
enhance the implementation of the measures as
necessary to minimize dust complaints, reduce visible
emissions below 20 percent opacity, and to prevent
transport of dust offsite. Their duties shall include
holidays and weekend periods when work may not be
in progress. The name and telephone number of such
persons shall be provided to the SLOAPCD
Compliance Division prior to the start of any grading,
earthwork or demolition.
AQ-2(b) Standard Control Measures for Construction
Equipment. The following standard air quality mitigation measures shall be implemented during construction
activities at the project site:
Maintain all construction equipment in proper tune
according to manufacturer’s specifications;
Fuel all off-road and portable diesel powered equipment with ARB certified motor vehicle diesel fuel (non-taxed version suitable for sue off-road);
Use diesel construction equipment meeting ARB’s Tier
2 certified engines or cleaner off-road heavy-duty diesel engines, and comply with the State Off-Road
Regulation;
Use on-road heavy-duty trucks that meet the ARB’s
2007 or cleaner certification standard for on-road
Future development shall
incorporate the listed
provisions into development
plans prior to issuance of
grading permits.
The Community Development
Department shall verify
compliance prior to issuance of
grading permits. The
Community Development
Department shall site inspect to
ensure construction is in
accordance with approved
plans.
Compliance Status:
Required in Specific Plan and
noted on Tract Map and
Grading Plans. Current grading
efforts comply. Future grading
will require field verification.
City of San Luis
Obispo
Community
Development
Department.
1-20
4-20
7-20
11-20
10-21
Yes;
ongoing
with
individual
projects
San Luis Ranch Project EIR
Mitigation Monitoring and Reporting Program (updated March 2024) 7 Mitigation Measure
Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
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-road diesel vehicles shall comply with Section 2485 of Title 13 of the California Code of Regulations. This regulation limits idling from diesel-fueled commercial
motor vehicles with gross vehicular weight ratings of
more than 10,000 pounds and licensed for operation on
highways. It applies to California and non-California
based vehicles. In general, the regulation specifies that drivers of said vehicles:
1. Shall not idle the vehicle's primary diesel engine
for greater than 5-minutes at any location, except
as noted in Subsection (d) of the regulation; and,
2. Shall not operate a diesel-fueled auxiliary power
system (APS) to power a heater, air conditioner, or
any ancillary equipment on that vehicle during
sleeping or resting in a sleeper berth for greater
than 5.0 minutes at any location when within 1,000
feet of a restricted area, except as noted in
Subsection (d) of the regulation.
Off-road diesel equipment shall comply with the 5-
minute idling restriction identified in Section 2449(d)(2) of the California Air Resources Board's In-Use OffRoad Diesel regulation. Signs shall be posted in the designated queuing areas and or job sites to remind drivers and operators of the 5 minute idling limit;
In addition to the state required diesel idling
requirements, the project applicant shall comply with
these more restrictive requirements to minimize
impacts to nearby sensitive receptors:
1. Signs that specify the no idling areas shall be
posted and enforced at the site.
2. Diesel idling within 1,000 feet of sensitive
receptors is not permitted;
3. Staging and queuing areas shall not be located
within 1,000 feet of sensitive receptors;
San Luis Ranch Project EIR
Mitigation Monitoring and Reporting Program (updated March 2024) 8 Mitigation Measure
Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
4. Use of alternative fueled equipment is
recommended;
Electrify equipment when feasible;
Substitute gasoline-powered in place of diesel-powered equipment, where feasible; and
Use alternatively fueled construction equipment on-site where feasible, such as compressed natural gas
(CNG), liquefied natural gas (LNG), propane or
biodiesel.
AQ-2(c) Best Available Control Technology (BACT) for
Construction Equipment. The following BACT for dieselfueled construction equipment shall be implemented during construction activities at the project site, where feasible:
Further reducing emissions by expanding use of Tier 3 and Tier 4 off-road and 2010 on-road compliant
engines where feasible;
Repowering equipment with the cleanest engines
available; and
Installing California Verified Diesel Emission Control Strategies, such as level 2 diesel particulate filters.
These strategies are listed at:
http://www.arb.ca.gov/diesel/verdev/vt/cvt.htm
Future development shall
incorporate the listed
provisions into development
plans prior to issuance of
grading permits.
The Community Development
Department shall verify
compliance prior to issuance of
grading permits. The
Community Development
Department shall site inspect to
ensure construction is in
accordance with approved
plans.
Compliance Status:
Required in Specific Plan and
noted on Tract Map and
Grading Plans. Current grading
efforts comply. Future grading
will require field verification.
City of San Luis
Obispo
Community
Development
Department.
1-20
4-20
7-20
11-20
10-21
Yes;
ongoing
with
individual
projects
AQ-2(d) Architectural Coating. To reduce ROG and NOX
levels during the architectural coating phase, low or no VOCemission paint shall be used with levels of 50 g/L or less.
Future development shall
incorporate the listed
provisions into development
plans prior to issuance of
grading permits.
The Community Development
Department shall verify
compliance prior to issuance of
grading permits. The
Community Development
Department shall site inspect to
ensure construction is in
accordance with approved
plans.
Compliance Status:
Required in Specific Plan and
noted on Tract Map. To be field
verified prior to building permits.
City of San Luis
Obispo
Community
Development
Department.
TBD
San Luis Ranch Project EIR
Mitigation Monitoring and Reporting Program (updated March 2024) 9 Mitigation Measure
Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
AQ-2(e) Construction Activity Management Plan.
Emissions reduction measures and construction practices required to comply with Mitigation Measures AQ-2(a)
through AQ-2(d) shall be documented in a Construction
Activity Management Plan (CAMP) and submitted to
SLOAPCD for review and approval at least three months
before the start of construction. The CAMP shall include a Dust Control Management Plan, tabulation of on and offroad construction equipment (age, horse-power and miles and/or hours of operation), construction truck trip schedule, construction work-day period, and construction phasing. If implementation of the Standard Mitigation and Best
Available Control Technology measures cannot bring the
project below the Tier 1 threshold (2.5 tons of NOX+ROG per quarter), off-site mitigation shall be implemented in coordination with SLOAPCD to reduce NOX and ROG
emissions to below the Tier 1 threshold.
Future development shall
incorporate the listed
provisions into development
plans prior to issuance of
grading permits.
The Community Development
Department shall verify
compliance prior to issuance of
grading permits. The
Community Development
Department shall site inspect to
ensure construction is in
accordance with approved
plans.
Compliance Status:
Required in Specific Plan and
noted on Tract Map and
Grading Plans. Current grading
efforts comply. Future grading
will require field verification.
City of San Luis
Obispo
Community
Development
Department.
AQ-3(a) Standard Operational Mitigation Measures. Prior to issuance of grading permits, the applicant shall define and incorporate into the San Luis Ranch Specific Plan standard emission reduction measures from the SLOAPCD CEQA Air
Quality Handbook to reduce emissions to below daily
threshold levels. Emission reduction measures shall include, but would not be limited to:
Increase the building energy rating by 20 percent above 2013 Title 24 requirements (used in the California
Emissions Estimator Model) or consistent with 2016
Title 24 requirements, whichever is stricter. Measures
used to reach the 20 percent rating cannot be double
counted;
Utilize onsite renewable energy systems (e.g., solar, wind, geothermal, low-impact hydro, biomass and biogas); and Provide bicycle-share program.
In addition, the proposed hotel component of the Specific Plan shall participate in the SLO Car Free Program, provide incentives to car-free travelers, and promote the program in their communication tools.
Future development shall
incorporate the listed
provisions into development
plans and submit proof that
emissions have been
reduced to below daily
threshold levels through a
combination of these
measures and off-site
mitigation (described in
Mitigation Measure AQ-3[b])
prior to issuance of grading
permits.
The Community Development
Department shall verify
compliance prior to issuance of
grading permits. The
Community Development
Department shall site inspect to
ensure development is in
accordance with approved
plans prior to occupancy
clearance. Community
Development staff shall verify
installation in accordance with
approved building plans.
Compliance Status:
Required in Specific Plan and
noted on Tract Map and
Grading Plans. With regard to
the requirement to use onsite
renewable energy systems,
compliance status is still to be
determined for the Hotel and
AG Heritage Center projects.
City of San Luis
Obispo
Community
Development
Department.
1-20
4-20
7-20
11-20
10-21
Ongoing
with
individual
projects
San Luis Ranch Project EIR
Mitigation Monitoring and Reporting Program (updated March 2024) 10 Mitigation Measure
Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
AQ-3(b) Off-Site Mitigation. If implementation of standard emission reduction measures from the SLOAPCD CEQA Air
Quality Handbook described in Mitigation Measure AQ-3(a) is insufficient to reduce emissions to below daily threshold levels, then the applicant shall coordinate with SLOAPCD to provide funding for off-site emission reduction measures to reduce emissions to below daily threshold levels. In
accordance with SLOAPCD methodology, the excess
emissions shall be multiplied by the cost effectiveness of mitigation as defined in the State’s current Carl Moyer Incentive Program Guidelines to determine the annual offsite mitigation amount. This amount shall then be extrapolated over the life of the project to determine total offsite mitigation. Off-site emission reduction measures may include, but would not be limited to:
Developing or improving park-and-ride lots;
Retrofitting existing homes in the project area with
SLOAPCD-approved wood combustion devices;
Retrofitting existing homes in the project area with
energy-efficient devices;
Constructing satellite worksites;
Funding a program to buy and scrap older, higher
emission passenger and heavy-duty vehicles;
Replacing/re-powering transit buses;
Replacing/re-powering heavy-duty diesel school
vehicles (i.e. bus, passenger or maintenance vehicles); Funding an electric lawn and garden equipment
exchange program;
Retrofitting or re-powering heavy-duty construction
equipment, or on-road vehicles;
Re-powering marine vessels;
Re-powering or contributing to funding clean diesel
locomotive main or auxiliary engines;
Installing bicycle racks on transit buses;
Purchasing particulate filters or oxidation catalysts for local school buses, transit buses or construction fleets; Installing or contributing to funding alternative fueling infrastructure (i.e. fueling stations for CNG, LPG,
conductive and inductive electric vehicle charging, etc.); Funding expansion of existing transit services;
Future development shall
incorporate the listed
provisions into development
plans and submit proof that
emissions have been
reduced to below daily
threshold levels through a
combination of the measures
described in Mitigation
Measure AQ-3(a) and this offsite mitigation prior to
issuance of grading permits.
The Community Development
Department shall verify
compliance prior to issuance of
grading permits.
Compliance Status:
Required in Specific Plan and
noted on Tract Map and
Grading Plans. Compliance
status to be determined,
pending verification from
project developer that air
emissions have been reduced
to below daily threshold levels.
City of San Luis
Obispo
Community
Development
Department.
1-20
4-20
7-20
11-20
10-21
Some
aspects
TBD;
ongoing
with
individual
projects
San Luis Ranch Project EIR
Mitigation Monitoring and Reporting Program (updated March 2024) 11 Mitigation Measure
Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
Funding public transit bus shelters;
Subsidizing vanpool programs;
Subsidizing transportation alternative incentive
programs;
Contributing to funding of new bike lanes;
Installing bicycle storage facilities; and
Providing assistance in the implementation of projects that are identified in City or County Bicycle Master
Plans.
Biological Resources
BIO-1(a) Best Management Practices. The applicant shall ensure the following general wildlife Best Management
Practices (BMPs) are required for construction activity within the San Luis Ranch Specific Plan Area:
No pets or firearms shall be allowed at the project site during construction activities.
All trash that may attract predators must be properly contained and removed from the work site. All such
debris and waste shall be picked up daily and properly
disposed of at an appropriate site.
All refueling, maintenance, and staging of equipment
and vehicles shall occur at least 100 feet from Prefumo Creek and in a location where a spill would not drain
toward aquatic habitat. A plan must be in place for
prompt and effective response to any accidental spills
prior to the onset of work activities. All workers shall be informed of the appropriate measures to take should an
accidental spill occur.
Pallets or secondary containment areas for chemicals, drums, or bagged materials shall be provided. Should
material spills occur, materials and/or contaminants
shall be cleaned from the project site and recycled or
disposed of to the satisfaction of the Regional Water
Quality Control Board (RWQCB).
Prior to construction activities in areas adjacent to Prefumo Creek and Cerro San Luis Channel, the
drainage features shall be fenced with orange
construction fencing and signed to prohibit entry of
construction equipment and personnel unless
authorized by the City. Fencing should be located a
Special status species
protection plans and surveys
shall be prepared by the
applicant and shall be
submitted for review and
approval by the City prior to
the approval of grading and
construction permits. Any
required permits shall be
obtained from the state and
federal agencies prior to
issuance of grading permits.
The Environmental Monitor shall
monitor environmental
compliance of the construction
activities throughout the
construction period or as
stipulated in the species- or
resource-specific mitigation
measure and provide monitoring
reports to the City.
Compliance Status:
Required in Specific Plan and
noted on Tract Map and
Grading Plans. Current grading
efforts comply. Future
compliance to be determined
through field verification.
City of San Luis
Obispo approved
Environmental
Monitor.
1-20
4-20
7-20
11-20
10-21
Yes;
ongoing
with
individual
projects
San Luis Ranch Project EIR
Mitigation Monitoring and Reporting Program (updated March 2024) 12 Mitigation Measure
Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
minimum of 20 feet from the edge of the riparian
canopy or top of bank and shall be maintained
throughout the construction period for each phase of
development. Once all phases of construction in this
area are complete, the fencing may be removed.
To control sedimentation during and after project
implementation, appropriate erosion control BMPs
(e.g., use of coir rolls, jute netting, etc.) shall be
implemented to minimize adverse effects on Prefumo
Creek. No plastic monofilament netting shall be utilized on site.
Construction equipment shall be inspected at the
beginning of each day to ensure that wildlife species
have not climbed into wheel wells or under tracks since the equipment was last parked. Any sensitive wildlife
species found during inspections shall be gently
encouraged to leave the area by a qualified biological
monitor or otherwise trained personnel.
All vehicles and equipment shall be in good working
condition and free of leaks.
Environmentally Sensitive Areas shall be delineated by a qualified biologist prior to construction to confine
access routes and construction areas.
Construction work shall be restricted to daylight hours (7:00 AM to 7:00 PM) to avoid impacts to nocturnal and
crepuscular (dawn and dusk activity period) species.
No construction night lighting shall be permitted within 100 yards of the top of the Prefumo Creek bank.
Concrete truck and tool washout shall be limited to
locations designated by a qualified biologist such that no runoff will reach Prefumo Creek or Cerro San Luis
Channel.
All open trenches shall be constructed with appropriate exit ramps to allow species that accidentally fall into a trench to escape. Trenches will remain open for the
shortest period necessary to complete required work.
Existing facilities and disturbed areas shall be used to the extent possible to minimize the amount of
disturbance and all new access roads other than the
Froom Ranch Way Bridge shall be cited to avoid high
quality habitat and minimize habitat fragmentation.
In the event that construction must occur within the
creek or creek setback, a biological monitor shall be
San Luis Ranch Project EIR
Mitigation Monitoring and Reporting Program (updated March 2024) 13 Mitigation Measure
Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
present during all such activities with the authority to stop or redirect work as needed to protect biological
resources.
BIO-1(b) Worker Environmental Awareness Program
Training. Prior to the initiation of construction activities (including staging and mobilization), the applicant shall ensure all personnel associated with project construction attend a Worker Environmental Awareness Program
(WEAP) training.
The training shall be conducted by a qualified biologist, to aid workers in recognizing special status resources
that may occur in the project area. The specifics of this program shall include identification of the sensitive
species and habitats, a description of the regulatory
status and general ecological characteristics of
sensitive resources, and review of the limits of
construction and avoidance measures required to
reduce impacts to biological resources within the work
area. A fact sheet conveying this information shall also be prepared for distribution to all contractors, their
employers, and other personnel involved with
construction of the project. All employees shall sign a form provided by the trainer documenting they have
attended the WEAP and understand the information
presented to them.
WEAP training requirements
shall be included on project
plans and shall be submitted
for review and approval by
the City prior to the approval
of grading and construction
permits.
The Environmental Monitor shall
verify environmental compliance
of the construction personnel in
accordance with WEAP training
requirements.
Compliance Status:
Required in Specific Plan and
noted on Tract Map and
Grading Plans. Current grading
efforts comply. Future
compliance to be determined
through field verification.
City of San Luis
Obispo approved
Environmental
Monitor.
1-20
4-20
7-20
11-20
10-21
Yes;
ongoing
with
individual
projects
BIO-1(c) Western Pond Turtle and Two-Striped Garter
Snake Impact Avoidance and Minimization. The applicant
shall ensure the following actions are implemented to avoid and minimize potential impacts to western pond turtle and two-striped garter snake (these reptiles utilize similar habitats; therefore, implementation of the proposed
measures for western pond turtle are also suitable and
appropriate for two-striped garter snake):
A qualified biologist(s) shall conduct a pre-construction survey within 24 hours prior to the onset of work
activities within and around areas that may serve as
potential western pond turtle habitat. If this species is found and the individuals are likely to be injured or
killed by work activities, the approved biologist shall be allowed sufficient time to move them from the project
site before work activities begin. The biologist(s) must relocate the any western pond turtle the shortest
distance possible to a location that contains suitable
Special status species
protection plans and surveys
shall be prepared by the
applicant and shall be
submitted to for review and
approval by the City prior to
the approval of grading and
construction permits. Any
required permits shall be
obtained from the state and
federal agencies prior to
issuance of grading permits.
The Environmental Monitor shall
monitor environmental
compliance of the construction
activities throughout the
construction period or as
stipulated in the species- or
resource-specific mitigation
measure and provide monitoring
reports to the City.
Compliance Status:
Required in Specific Plan and
noted on Tract Map and
Grading Plans. Current grading
efforts comply. Future
compliance to be determined
through field verification.
City of San Luis
Obispo approved
Environmental
Monitor.
1-20
4-20
Yes;
ongoing
with
individual
projects
San Luis Ranch Project EIR
Mitigation Monitoring and Reporting Program (updated March 2024) 14 Mitigation Measure
Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
habitat that is not likely to be affected by activities associated with the project.
Access routes, staging, and construction areas shall be limited to the minimum area necessary to achieve the
project goal and minimize potential impacts to western
pond turtle habitat including locating access routes and construction staging areas outside of wetlands and
riparian areas to the maximum extent practicable.
BIO-1(d) California Red-legged Frog, Western spadefoot, and Coast Range Newt Impact Avoidance and
Minimization. The applicant shall implement the following to avoid and minimize potential impacts to CRLF. Because
coast range newt and western spadefoot are amphibians
that utilize similar habitats to CRLF, implementation of the following measures provided for CRLF shall be implemented for these species as well.
Only USFWS-approved biologists shall participate in
activities associated with the capture, handling, and
monitoring of CRLF.
Ground disturbance shall not begin until written
approval is received from the USFWS that the biologist
is qualified to conduct the work. If the USFWS does not authorize the relocation of CRLF occurring within the
project site, CRLF found within the project site shall be avoided with a 100-foot buffer and no activities shall
occur within that buffer until the CRLF has left the
project site on its own.
Areas of the project site that lie within 100 feet upland from riparian or jurisdictional areas shall be surrounded by a solid temporary exclusion fence (such as silt
fencing) that shall extend at least three feet above the ground and be buried into the ground at least 6 inches
to exclude CRLF from the project site. Plastic
monofilament netting or other similar material will not be used. The location of the fencing shall be
determined by a qualified biologist. The fence shall
remain in place throughout construction activities.
Installation of the exclusion fencing shall be monitored by a qualified biologist to ensure that it is installed correctly.
During new grading activities in habitats within 100 feet upland from riparian or jurisdictional areas, a qualified biologist shall be on-site to recover any spadefoot toads Special status species
protection plans and surveys
shall be prepared by the
applicant and shall be
submitted for review and
approval by the City prior to
the approval of grading and
construction permits. Any
required permits shall be
obtained from the state and
federal agencies prior to
issuance of grading permits.
The Environmental Monitor shall
monitor environmental
compliance of the construction
activities throughout the
construction period or as
stipulated in the species- or
resource-specific mitigation
measure and provide monitoring
reports to the City.
Compliance Status:
Required in Specific Plan and
noted on Tract Map and
Grading Plans. Current grading
efforts comply. Future
compliance to be determined
through field verification.
City of San Luis
Obispo approved
Environmental
Monitor.
San Luis Ranch Project EIR
Mitigation Monitoring and Reporting Program (updated March 2024) 15 Mitigation Measure
Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
that may be excavated/unearthed with native material
or found under vegetation. If the animals are in good
health, they shall be immediately relocated to a
designated release area. If they are injured, the animals shall be turned over to an approved wildlife rehabilitator until they are in a condition to be released into the
designated release area.
To ensure that diseases are not conveyed between
work sites by the approved biologist, the fieldwork code of practice developed by the Declining Amphibian
Populations Task Force shall be followed at all times.
BIO-1(e) Steelhead Impact Avoidance and Minimization.
The applicant shall ensure the following actions are
undertaken to avoid and minimize potential impacts to
steelhead:
Before any activities begin on the project, a qualified biologist will conduct a training session for all
construction personnel. At a minimum, the training will include a description of the steelhead and its habitat, the specific measures that are being implemented to
conserve this species for the project, and the
boundaries within which the project may be
accomplished. Brochures, books, and briefings may be
used in the training session, provided that a qualified person is on hand to answer any questions.
During the duration of project activities, all trash that may attract predators will be properly contained and
secured, promptly removed from the work site, and
disposed of regularly. Following construction, all trash and construction debris will be removed from the work
areas.
All refueling, maintenance, and staging of equipment
and vehicles will occur at least 100 feet from riparian habitat or bodies of water and in a location where a
potential spill would not drain directly toward aquatic habitat (e.g., on a slope that drains away from the water source). The monitor shall ensure that contamination of suitable habitat does not occur during such operations.
Prior to the onset of work activities, a plan must be in place for prompt and effective response to any
accidental spills. All workers shall be informed of the importance of preventing spills and of the appropriate
measures to take should an accidental spill occur.
Special status species
protection plans and surveys
shall be prepared by the
applicant and shall be
submitted to for review and
approval by the City prior to
the approval of grading and
construction permits. Any
required permits shall be
obtained from the state and
federal agencies prior to
issuance of grading permits.
The Environmental Monitor shall
monitor environmental
compliance of the construction
activities throughout the
construction period or as
stipulated in the species- or
resource-specific mitigation
measure and provide monitoring
reports to the City.
Compliance Status:
Required in Specific Plan and
noted on Tract Map and
Grading Plans. Current grading
efforts comply. Future
compliance to be determined
through field verification.
City of San Luis
Obispo approved
Environmental
Monitor.
1-20
4-20
Yes;
ongoing
with
individual
projects
San Luis Ranch Project EIR
Mitigation Monitoring and Reporting Program (updated March 2024) 16 Mitigation Measure
Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
The number of access routes, size of staging areas,
and the total area used for construction activities shall be limited to the minimum area necessary to achieve
the project goals.
The City will only permit work within the immediate
vicinity of Prefumo Creek for times of the year when
potential impacts to steelhead would be minimal. Work
shall be restricted during the wet season (October 15
through April 30) and should ideally occur during the
late summer and early fall during the driest portion of the year; however, water may still be present during
construction. If work is proposed in the streambed and
water is present during construction, a diversion will be required to dewater the work area and the following
avoidance and minimization measures will apply:
1. Upstream and downstream passage for fish,
including juvenile steelhead, shall be provided
through or around the construction site at all times
construction is occurring within the Prefumo Creek
streambed.
2. A qualified biologist shall conduct a preconstruction survey and be present onsite during the diversion installation and dewatering process
to capture and relocate any trapped steelhead
and/or other fish. Upon approval from the NMFS,
the biologist(s) must relocate these individuals the
shortest distance possible to a location that
contains suitable habitat that is not likely to be
affected by activities associated with the project.
3. Dewatering operations shall employ a five
millimeter mesh screen fastened to the intake
hose to exclude fish and other wildlife species
from the pump.
4. Steelhead shall be excluded from the construction
zone with block nets installed upstream and
downstream the of the bridge construction zone.
The distance upstream and downstream for block
net installation will depend on the type of
construction activities occurring in the streambed.
To control sedimentation during and after project
implementation, the following BMPs shall be
implemented. If the BMPs are somehow ineffective,
consultation with the City and appropriate resource
San Luis Ranch Project EIR
Mitigation Monitoring and Reporting Program (updated March 2024) 17 Mitigation Measure
Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
agencies will be undertaken, and all attempts to remedy the situation will commence immediately.
1. It shall be the owner’s/contractor’s responsibility to maintain control of the entire construction
operations and to keep the entire site in
compliance.
2. The owner/contractor shall be responsible for
monitoring erosion and sediment control measures
(including but not limited to fiber rolls, inlet
protections, silt fences, and gravel bags) prior,
during and after storm events, monitoring includes
maintaining a file documenting onsite inspections,
problems encountered, corrective actions, and
notes and a map of remedial implementation
measures.
3. Erosion shall be controlled by covering stockpiled
construction materials (i.e. soil, spoils, aggregate,
fly-ash, stucco, hydrated lime, etc.) over 2.0 cubic
yards that are not actively being used, consistent
with the applicable construction general permit, or
through other means of erosion control approved
by the City (e.g., surrounding with straw bales or
silt fencing). The site shall be maintained to
minimize sediment-laden runoff to any storm
drainage system including existing drainage
swales and/or sand watercourses.
a. Construction operations shall be carried
out in such a manner that erosion and
water pollution will be minimized.
b. State and local laws concerning pollution
abatement shall be complied with.
c. If grading operations are expected to denude
slopes, the slopes shall be protected with
erosion control measures immediately
following grading on the slopes.
4. Specifically, in order to prevent sedimentation and
debris from entering Prefumo Creek during
construction, silt fencing shall be installed along
the top of the banks on the west side of the
channel prior to the onset of construction
activities.
The project biologist will monitor construction activities, in stream habitat, and overall performance of BMPs
San Luis Ranch Project EIR
Mitigation Monitoring and Reporting Program (updated March 2024) 18 Mitigation Measure
Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
and sediment controls for the purpose of identifying and reconciling any condition that could adversely affect
steelhead or their habitat. The biologist will halt work if necessary and will recommend site-specific measures
to avoid adverse effects to steelhead and their habitat. Equipment will be checked daily for leaks prior to the initiation of construction activities. A spill kit will be placed near the creek and will remain readily available during construction in the event that any contaminant is accidentally released.
In addition to these avoidance and minimization
measures, Mitigation Measure BIO-2(a) would also
ensure that potential temporary and permanent indirect
impacts to steelhead from the project are reduced as
much as practicable.
BIO-1(f) Great Blue Heron and Monarch Butterfly Impact
Avoidance and Minimization. The applicant shall ensure
the following actions are undertaken to avoid and minimize potential impacts to overwintering monarch butterflies and nesting great blue herons.
Tree trimming/removal and construction activities that affect eucalyptus trees near or within the monarch
overwintering grove or active great blue heron nests
identified in the San Luis Ranch Monarch Trees
Inspection Memo, Results of 2015 and 2016 San Luis
Ranch Heron Rookery Surveys Memo, and San Luis
Ranch – Prefumo Creek Widening Biological
Constraints Memo prepared by Althouse and Meade
(Appendix F), shall not be conducted during the
monarch butterfly overwintering season from October 1
through March 31 if monarch butterflies are present, or while great blue heron nests are active from February 1 to August 31. If construction activities must be
conducted during these periods, a qualified biologist
shall conduct overwintering monarch surveys and/or
nesting great blue heron surveys within one week of
habitat disturbance. If surveys do not locate clustering monarchs or nesting great blue herons, construction
activities may be conducted. If clustering monarchs
and/or nesting great blue herons are located, no
construction activities shall occur within 100 feet of the edge of the overwintering grove and/or active nest(s)
until the qualified biologist determines that no more
Special status species
protection plans and surveys
shall be prepared by the
applicant and shall be
submitted to for review and
approval by the City prior to
the approval of grading and
construction permits. Any
required permits shall be
obtained from the state and
federal agencies prior to
issuance of grading permits.
The Environmental Monitor shall
monitor environmental
compliance of the construction
activities throughout the
construction period or as
stipulated in the species- or
resource-specific mitigation
measure and provide monitoring
reports to the City.
Compliance Status:
Required in Specific Plan and
noted on Tract Map and
Grading Plans. Current grading
efforts comply. Future
compliance to be determined
through field verification.
Ongoing requirements per
habitat enhancement plan, tree
protection plan, and open space
easement. Annual reporting
needed to verify compliance.
City of San Luis
Obispo approved
Environmental
Monitor.
1-20
4-20
Annual
reports
needed to
comply;
ongoing
with
individual
projects
San Luis Ranch Project EIR
Mitigation Monitoring and Reporting Program (updated March 2024) 19 Mitigation Measure
Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
monarchs are overwintering in the grove or the nest(s)
are no longer active.
A qualified biologist shall prepare and implement a
habitat enhancement plan prior to issuance of grading
permits to enhance and restore overwintering and
nesting habitat that is to be preserved. The habitat
enhancement plan shall include native shrubs and trees
such as Monterey Cypress (Hesperocyparis
macrocarpa) that may support heron roosting and
monarch butterfly overwintering. As eucalyptus trees
senesce, they shall be replaced with native species.
Native trees and shrubs shall also be used to
supplement gaps in canopy or act as windbreaks.
Create new offsite nesting habitat for great blue herons to mitigate for removal of onsite nesting habitat. With a qualified biologist present, the current rookery may be moved to a suitable offsite location where the same
great blue herons can resume nesting, following
methods detailed in Crouch et al. (2002). It should be
noted that creating offsite nesting habitat for great blue herons is experimental and that the relocation
techniques described in Crouch et al. (2002) were used
to relocate black-crowned night heron (Nycticorax
nycticorax). In addition, an agreement with the City will be required prior to implementation of the offsite
strategy on their property. The methods detailed in
Crouch et al. (2002) include:
a. This entails at least one year of pre-construction
monitoring of the rookery, where the timing of
rookery activities will be noted: arrival of breeding
adults, egg laying, hatching, and fledging. During
this time, audio recordings of adults and juveniles
shall be made.
b. Following the completion of the nesting season in
late summer, a certified arborist specializing in the
translocation of trees will examine the mature
trees onsite and work with the City’s Natural
Resources Manager to determine whether or not it
is feasible to relocate the mature trees containing
nests across Madonna Road to a suitable location
at Laguna Lake Open Space.
c. Prior to the start of the next nesting season (based on timing of adult arrival in previous years),
nesting adults will be recruited to the new location
San Luis Ranch Project EIR
Mitigation Monitoring and Reporting Program (updated March 2024) 20 Mitigation Measure
Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
via decoys and playback of vocalizations. The new
location will be monitored regularly by a qualified
biologist for the following three breeding seasons.
BIO-1(g) Nesting Birds Impact Avoidance and
Minimization. The applicant shall ensure the following
actions are undertaken to avoid and minimize potential
impacts to nesting birds:
For construction activities occurring during the nesting season (generally February 1 to September 15),
surveys for nesting birds covered by the California Fish and Game Code and the Migratory Bird Treaty Act shall
be conducted by a qualified biologist no more than 14
days prior to vegetation removal. The surveys shall
include the disturbance area plus a 500-foot buffer
around the site. If active nests are located, all
construction work shall be conducted outside a buffer
zone from the nest to be determined by the qualified
biologist. The buffer shall be a minimum of 50 feet for non-raptor bird species and at least 300 feet for raptor species. Larger buffers may be required depending
upon the status of the nest and the construction
activities occurring in the vicinity of the nest. The buffer area(s) shall be closed to all construction personnel
and equipment until the adults and young are no longer
reliant on the nest site. A qualified biologist shall
confirm that breeding/nesting is completed and young
have fledged the nest prior to removal of the buffer.
If feasible, removal of vegetation within suitable nesting bird habitats will be scheduled to occur in the fall and winter (between September 1 and February 14), after
fledging and before the initiation of the nesting season.
Special status species
protection plans and surveys
shall be prepared by the
applicant and shall be
submitted to for review and
approval by the City prior to
the approval of grading and
construction permits. Any
required permits shall be
obtained from the state and
federal agencies prior to
issuance of grading permits.
The Environmental Monitor shall
monitor environmental
compliance of the construction
activities throughout the
construction period or as
stipulated in the species- or
resource-specific mitigation
measure and provide monitoring
reports to the City.
Compliance Status:
Required in Specific Plan and
noted on Tract Map and
Grading Plans. Current grading
efforts comply. Future
compliance to be determined
through field verification.
City of San Luis
Obispo approved
Environmental
Monitor.
1-20
4-20
Yes;
ongoing
with
individual
projects
BIO-1(h) Roosting Bats Impact Avoidance and
Minimization. The applicant shall ensure the following
actions are undertaken to avoid and minimize potential
impacts to roosting bats:
Prior to issuance of grading permits, a qualified biologist shall conduct a survey of existing structures within the project site to determine if roosting bats are present.
The survey shall be conducted during the non-breeding
season (November through March). The biologist shall
have access to all interior attics, as needed. If a colony of bats is found roosting in any structure, further
surveys shall be conducted sufficient to determine the
Special status species
protection plans and surveys
shall be prepared by the
applicant and shall be
submitted to for review and
approval by the City prior to
the approval of grading and
construction permits. Any
required permits shall be
obtained from the state and
federal agencies prior to
issuance of grading permits.
The Environmental Monitor shall
monitor environmental
compliance of the construction
activities throughout the
construction period or as
stipulated in the species- or
resource-specific mitigation
measure and provide monitoring
reports to the City.
Compliance Status:
City of San Luis
Obispo approved
Environmental
Monitor.
1-20
4-20
Yes;
ongoing
with
individual
projects
San Luis Ranch Project EIR
Mitigation Monitoring and Reporting Program (updated March 2024) 21 Mitigation Measure
Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
species present and the type of roost (day, night,
maternity, etc.) If the bats are not part of an active
maternity colony, passive exclusion measures may be
implemented in close coordination with CDFW. These
exclusion measures must include one-way valves that
allow bats to exit the structure but are designed so that the bats may not re-enter the structure.
If a bat colony is excluded from the project site,
appropriate alternate bat habitat as determined by a
qualified biologist shall be installed on the project site or at an approved location offsite.
Prior to removal of any trees over 20 inches diameterat-breast-height (DBH), a survey shall be conducted by a qualified biologist to determine if any of the trees
proposed for removal or trimming harbor sensitive bat
species or maternal bat colonies. If a non-maternal
roost is found, the qualified biologist, in close
coordination with CDFW shall install one-way valves or
other appropriate passive relocation method. For each
occupied roost removed, one bat box shall be installed
in similar habitat and should have similar cavity or
crevices properties to those which are removed,
including access, ventilation, dimensions, height above ground, and thermal conditions. Maternal bat colonies
may not be disturbed.
Required in Specific Plan and
noted on Tract Map and
Grading Plans. Current grading
efforts comply. Future
compliance to be determined
through field verification.
BIO-2(a) Habitat Mitigation and Monitoring Plan. A
Habitat Mitigation and Monitoring Plan (HMMP) shall be
prepared which will provide a minimum 2:1 ratio (replaced:
removed) for temporary and permanent impacts to riparian habitat. The HMMP will identify the specific mitigation sites and it will be implemented immediately following project completion. The HMMP shall include, at a minimum, the
following components:
Description of the project/impact site (i.e. location, responsible parties, areas to be impacted by habitat
type);
Goal(s) of the compensatory mitigation project [type(s) and area(s) of habitat to be established, restored,
enhanced, and/or preserved; specific functions and
values of habitat type(s) to be established, restored,
enhanced, and/or preserved];
Description of the proposed compensatory mitigation
site (location and size, ownership status, existing
The HMMP required by
Mitigation Measure BIO-2(a)
shall specify the location,
timing, species composition,
and maintenance of all
restored, enhanced, and
newly established riparian and
wetland areas, and tree
replacement. The applicant
shall submit the HMMP to the
City for approval prior to
recordation of the VTTM, and
shall update and resubmit to
the City prior to each phase of
construction.
The City shall review and
approve the HMMP (and
associated tree replacement
requirements) for compliance
prior to issuance of grading
permits and the onset of
construction for each phase, as
well as the onset of construction
of the Froom Ranch Way Bridge
crossing. The applicant shall
submit annual documentation to
the City and appropriate
agencies demonstrating
compliance with HMMP
requirements. The City shall
review and approve the final
Froom Ranch Way Bridge
crossing design for compliance
prior to issuance of grading
City of San Luis
Obispo Natural
Resources
Manager; City of
San Luis Obispo
Community
Development
Department.
1-19 HMMP
prepared;
annual
report
needed to
comply
San Luis Ranch Project EIR
Mitigation Monitoring and Reporting Program (updated March 2024) 22 Mitigation Measure
Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
functions and values of the compensatory mitigation
site);
Implementation plan for the compensatory mitigation
site (rationale for expecting implementation success,
responsible parties, schedule, site preparation, planting plan [including plant species to be used, container
sizes, seeding rates, etc.]);
Maintenance activities during the monitoring period,
including weed removal and irrigation as appropriate
(activities, responsible parties, schedule);
Monitoring plan for the compensatory mitigation site, including no less than quarterly monitoring for the first year (performance standards, target functions and
values, target acreages to be established, restored,
enhanced, and/or preserved, annual monitoring
reports);
Success criteria based on the goals and measurable
objectives; said criteria to be, at a minimum, at least 80 percent survival of container plants and 80 percent
relative cover by vegetation type;
An adaptive management program and remedial
measures to address negative impacts to restoration
efforts;
Notification of completion of compensatory mitigation and agency confirmation; and
Contingency measures (initiating procedures,
alternative locations for contingency compensatory
mitigation, funding mechanism).
permits. Replacement plants
shall be monitored by a qualified
biologist for 5 years with a goal
of at least 70 percent survival at
the end of the 5-year period.
Supplemental irrigation may be
provided during years 1 to 3;
however, supplemental watering
shall not be provided during the
final two years of monitoring.
Compliance Status:
Required in Specific Plan and
noted on Tract Map and
Grading Plans. HMMP
prepared by developer and
verified by City staff. Annual
reporting needed to verify
compliance.
BIO-2(b) Tree Replacement. Riparian trees four inches or greater measured at diameter-at-breast-height (DBH) shall be replaced in-kind at a minimum ratio of 3:1 (replaced:
removed). Trees 24 inches or greater inches DBH shall be replaced in-kind at a minimum ratio of 10:1. Willows and cottonwoods may be planted from live stakes following
guidelines provided in the California Salmonid Stream
Habitat Restoration Manual for planting dormant cuttings and container stock (CDFW 2010).
Tree replacement shall be conducted in accordance
with a Natural Habitat Restoration and Enhancement
Plan to be approved by the City’s Natural Resource
Manager.
Tree and vegetation
replacement shall occur within
the same construction phase
as tree and vegetation
removal.
The City shall review and
approve the tree replacement
requirements for compliance
prior to issuance of grading
permits and the onset of
construction for each phase.
Replacement plants shall be
monitored by a qualified
biologist for 5 years with a goal
of at least 70 percent survival at
the end of the 5-year period.
Supplemental irrigation may be
provided during years 1 to 3;
however, supplemental watering
City of San Luis
Obispo Natural
Resources
Manager; City of
San Luis Obispo
Community
Development
Department.
Ongoing
for 3
years
from
onset of
tree
planting
for
individual
projects;
need
annual
report to
comply
San Luis Ranch Project EIR
Mitigation Monitoring and Reporting Program (updated March 2024) 23 Mitigation Measure
Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
The Natural Habitat Restoration and Enhancement Plan
shall prioritize the planting of replacement trees on-site where feasible, but shall allow that replacement trees
may be planted off-site with approval of the City’s
Natural Resource Manager.
Replacement trees may be planted in the fall or winter of the year in which trees were removed. All
replacement trees will be planted no more than one
year following the date upon which the native trees
were removed.
shall not be provided during the
final two years of monitoring.
Compliance Status:
Required in Specific Plan and
noted on Tract Map and
Grading Plans. Periodic onsite
monitoring needed during
grading and construction
activities; long-term compliance
with annual inspections for 3
years. No reports have been
submitted to verify compliance
BIO-2(c) Froom Ranch Way Bridge Design to Avoid
Riparian Areas. The Froom Ranch Way Bridge crossing
footings shall be placed outside mapped riparian areas. The placement of the bridge and footings shall be indicated on the Development Plan, VTTM, and HMMP, and shall show
the bridge’s placement in relation to existing vegetation and the bed and bank of Prefumo Creek.
Tree and vegetation removal
associated with the
construction of the Froom
Ranch Way Bridge crossing
shall be replaced during or
immediately subsequent to
completion of that project
component.
The City shall review and
approve the HMMP for
compliance prior to issuance of
grading permits and the onset of
construction for each phase, as
well as the onset of construction
of the Froom Ranch Way Bridge
crossing. The applicant shall
submit annual documentation to
the City and appropriate
agencies demonstrating
compliance with HMMP
requirements. The City shall
review and approve the final
Froom Ranch Way Bridge
crossing design for compliance
prior to issuance of grading
permits. Replacement plants
shall be monitored by a qualified
biologist for 5 years with a goal
of at least 70 percent survival at
the end of the 5-year period.
Supplemental irrigation may be
provided during years 1 to 3;
however, supplemental watering
shall not be provided during the
final two years of monitoring.
Compliance Status:
City of San Luis
Obispo Natural
Resources
Manager; City of
San Luis Obispo
Community
Development
Department.
Ongoing
for 5
years
starting
with
bridge
activities;
annual
monitorin
g reports
needed
San Luis Ranch Project EIR
Mitigation Monitoring and Reporting Program (updated March 2024) 24 Mitigation Measure
Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
Required in Specific Plan and
noted on Tract Map and
Grading Plans. Periodic onsite
monitoring needed during
bridge construction activities;
long-term compliance for 5
years. Annual reporting
required but not submitted.
Cultural Resources
CR-1(a) Historical Structure Relocation and
Reconstruction Plan. In order to implement Specific Plan Policy 2.5, a relocation and reconstruction plan for the former spectator’s barn/viewing stand, main residence, and main barn shall be developed by a qualified historic
architect. The plan shall include a structural/architectural report documenting existing integrity and conditions and include detailed treatment methods and measures to ensure that historic integrity is retained and that all identified character defining features will be preserved.
The project applicant shall
prepare the relocation and
reconstruction plan for the
main residence and the
spectators’ barn/viewing
stand to the satisfaction of the
Community Development
Director prior to the issuance
of project grading permits.
Project grading plans shall
detail phasing and include
sufficient detail to
demonstrate the sequencing
and completion of the
relocation and reconstruction
plan.
The City shall confirm
completion of and approve the
relocation and reconstruction
plan and archival
documentation. The City shall
also review applicable plans for
compliance with
recommendations of the
relocation and reconstruction
plan and periodically inspect
the site to ensure compliance.
Compliance Status:
Plan verified by city staff, and
relocation is completed.
Reconstruction in progress.
City of San Luis
Obispo
Community
Development
Director.
11-19 In
progress.
Not
complete.
CR-1(b) Archival Documentation of Historic Buildings.
The applicant shall provide archival documentation of the San Luis Ranch Complex in as-built and as-found condition in the form of an Historic American Building Survey (HABS) Level II documentation. The documentation shall comply
with the Secretary of the Interior’s Standards for
Architectural and Engineering Documentation (NPS 1990), and shall include large-format photographic recordation, detailed historic narrative report, and compilation of historic research. The documentation shall be completed by a
qualified architectural historian or historian who meets the Secretary of the Interior’s Professional Qualification
Standards for History and/or Architectural History (NPS The applicant shall complete
archival documentation of the
San Luis Ranch Complex
prior to the removal,
relocation, reconstruction,
and/or demolition of the
structures on the project site
to the satisfaction of the
Community Development
Director.
The City shall confirm
completion of and approve the
archival documentation. The
City shall confirm submittal of
the documentation to the
History Center of San Luis
Obispo County and the San
Luis Obispo County Library.
Compliance Status:
City staff confirmed archival
documentation.
City of San Luis
Obispo
Community
Development
Director.
11-19 Yes
San Luis Ranch Project EIR
Mitigation Monitoring and Reporting Program (updated March 2024) 25 Mitigation Measure
Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
1983). The original archival-quality documentation shall be offered as donated material to the History Center of San Luis Obispo County. Archival copies of the documentation shall also be submitted to the San Luis Obispo County Library.
CR-1(c) Informational Display of Historic Resources. A
retrospective interpretive display detailing the history of the San Luis Ranch Complex and the project site, its
significance, and its important details and features shall be developed by the applicant. The information should be
incorporated into a publicly-accessed building on the project site, such as the proposed Agricultural Heritage Facilities and Learning Center, or a publicly-accessed outdoor
location. The display shall include images and details from the HABS documentation described in Mitigation Measure
CR-1(b) and any collected research pertaining to the historic property. The content shall be prepared by a qualified
architectural historian or historian who meets the Secretary of the Interior’s Professional Qualification Standards for History and/or Architectural History (NPS 1983).
The applicant shall develop
and install an informational
display of the site’s identified
historical resources prior to
opening of the Agricultural
Heritage Facilities and
Learning Center to the public.
The information display shall
be prepared in accordance with
recommendations of a qualified
historic consultant and shall be
approved by the Community
Development Director.
Compliance Status:
Displays will need to be
reviewed by Cultural Heritage
Committee, pending final
development plans for Ag
Heritage Center
City of San Luis
Obispo
Community
Development
Director.
TBD
CR-2(a) Retain a Qualified Principal Investigator. In
accordance with Conservation and Open Space Policies
3.5.6 and 3.5.7, a qualified principal investigator, defined as an archaeologist who meets the Secretary of the Interior’s Standards for professional archaeology (hereafter qualified archaeologist), shall be retained to carry out all mitigation measures related to archaeological resources.
Monitoring shall involve inspection of subsurface
construction disturbance at or in the immediate vicinity of known sites, or at locations that may harbor buried
resources that were not identified on the site surface. A Native American monitor shall also be present because the area is a culturally sensitive location. The monitor(s) shall be on-site on a full-time basis during earthmoving activities, including grading, trenching, vegetation removal, or other excavation activities.
The project applicant shall
retain a qualified principal
investigator prior to the
issuance of grading permits.
The City shall confirm the
qualifications of and approve
the applicant’s choice of a
qualified principal investigator.
Compliance Status:
Required in Specific Plan and
noted on Tract Map and
Grading Plans. Monitor hired
and in place.
City of San Luis
Obispo
Community
Development
Department.
11-19
4-20
7-20
11-20
10-21
Yes;
ongoing
with
individual
projects
CR-2(b) Unanticipated Discovery of Archaeological
Resources. In the event that archaeological resources are exposed during construction, all work shall be halted in the vicinity of the archaeological discovery until a qualified archaeologist can visit the site of discovery and assess the significance of the cultural resource. In the event that any artifact or an unusual amount of bone or shell is encountered The project applicant shall
retain a qualified Native
American monitor prior to the
issuance of grading permits.
The requirement that
construction work be stopped
in the event of discovery of
The City shall confirm the
qualifications of and approve
the applicant’s choice of a
qualified Native American
monitor. The City shall also
inspect the site periodically
during grading and demolition
City of San Luis
Obispo
Community
Development
Department.
Yes;
ongoing
with
individual
projects
San Luis Ranch Project EIR
Mitigation Monitoring and Reporting Program (updated March 2024) 26 Mitigation Measure
Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
during construction, work shall be immediately stopped and relocated to another area. The lead agency shall stop
construction within 100 feet of the exposed resource until a qualified archaeologist/paleontologist can evaluate the find (see 36 CFR 800.11.1 and CCR, Title 14, Section
15064.5[f]). Examples of such cultural materials might
include: ground stone tools such as mortars, bowls, pestles, and manos; chipped stone tools such as projectile points or choppers; flakes of stone not consistent with the immediate geology such as obsidian or fused shale; historic trash pits containing bottles and/or ceramics; or structural remains. If the resources are found to be significant, they must be avoided or will be mitigated consistent with State Historic Preservation Office (SHPO) Guidelines.
archaeological resources
shall be included on
construction plans prior to the
issuance of grading permits.
to ensure compliance with this
measure. The City shall review
construction plans and
periodically inspect project
construction to ensure
compliance with this measure.
Compliance Status:
Required in Specific Plan and
noted on Tract Map and
Grading Plans. Ongoing
monitoring in place; no
unanticipated resources yet
discovered. Ongoing.
Geology and Soils
GEO-1 Earthquake and Ground Acceleration Design and
Construction Measures. Design and construction of the
buildings, roadway infrastructure and all subgrades shall be specifically proportioned to resist Design Earthquake Ground Motions (Design amax) of SD1=0.481 and SDS=0.832 and
engineered to withstand Maximum Considered Earthquake
(MCE) peak ground acceleration (PGAM) equal to 0.519 g, as described in the Soils Engineering Report for the project (GeoSolutions, Inc., 2015). The design should take into consideration the soil type, potential for liquefaction, and the most current and applicable seismic attenuation methods that are available.
These requirements shall be
incorporated into project
design plans submitted for
approval before the issuance
of grading and building
permits.
The Community Development
Department shall verify
compliance prior to issuance of
grading permits. The
Community Development
Department shall site inspect to
ensure development is in
accordance with approved
plans prior to occupancy
clearance.
Compliance Status:
Noted on Tract Map and grading
plans. City Engineering to
verify prior to building permits.
City of San Luis
Obispo
Community
Development
Department.
Yes;
included
on map
approvals
To be
verified
with
permits
GEO-2 Operational Seismic Safety Requirement. For
retail stores included in the project, goods for sale may be stacked no higher than 8 feet from the floor in any area where customers are present, unless provisions are made to prevent the goods from falling during an earthquake of up to
7.5 magnitude. The stacking or restraint methods shall be reviewed and approved by the City before approval of
occupancy permits, and shall be a standing condition of occupancy.
These requirements shall be
incorporated into project site
plans submitted for approval
before the approval of final
development plan.
The Community Development
Department shall site inspect to
ensure development is in
accordance with approved
plans prior to occupancy
clearance.
Compliance Status:
City of San Luis
Obispo
Community
Development
Department.
Yes;
included
on map
approvals
To be
verified
with
permits
San Luis Ranch Project EIR
Mitigation Monitoring and Reporting Program (updated March 2024) 27 Mitigation Measure
Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
Noted on Tract Map and grading
plans. City Engineering to
verify prior to occupancy
clearance.
GEO-3 Geotechnical Design. The project plans and
specifications shall include the geotechnical
recommendations included in the Soils Engineering Report, prepared by GeoSolutions, Inc. on May 29, 2015.
Recommendations therein that shall be incorporated into the final project building plans include specification for the following components of development preparation and
design:
Building Pad Preparation
Paved Areas Preparation
Pavement Design
Interlocking Concrete Pavers
Conventional Foundations
Post-Tensioned Slabs
Slab-On-Grade Construction
Retaining Walls
Exterior Concrete Flatwork
These requirements shall be
incorporated into project site
plans submitted for approval
before the issuance of grading
and building permits.
The Community Development
Department shall verify
compliance prior to issuance of
grading permits. The
Community Development
Department shall site inspect to
ensure development is in
accordance with approved
plans prior to occupancy
clearance. Community
Development staff shall verify
installation in accordance with
approved building plans.
Compliance Status:
Noted on Tract Map and grading
plans. City Engineering to
verify prior to occupancy
clearance.
City of San Luis
Obispo
Community
Development
Department.
Yes;
included
on map
approvals
To be
verified
with
permits
Hazards and Hazardous Materials
HAZ-4 Soil Sampling and Remediation. Prior to issuance
of any grading permits, a contaminated soil assessment
shall be completed in the portions of land to be graded for development. Soil samples shall be collected under the
supervision of a professional geologist or environmental professional to determine the presence or absence of
contaminated soil in these areas. The sampling density shall be in accordance with guidance from San Luis Obispo
County Environmental Health Services, so as to define the volume of soil that may require remediation. Laboratory analysis of soil samples shall be analyzed for the presence of organochlorine pesticides, in accordance with EPA Test Method SW8081A, and heavy metals in accordance with
EPA Test Methods 6010B and 7471A. If soil sampling
indicates the presence of pesticides or heavy metals
exceeding applicable environmental screening levels, the soil assessment shall identify the volume of contaminated soil to be excavated.
The contaminated soils
assessment and remediation
program, if necessary, shall
be submitted and approved
by the City’s Community
Development Department and
applicable regulatory
oversight agency prior to the
issuance of project grading
permits.
As applicable, the Community
Development Department shall
ensure implementation of a
remediation program according
to the measures included
therein and as approved by a
regulatory oversight agency.
Compliance Status:
Noted on Tract Map and grading
plans. Soil sampling is ongoing
consistent with health and safety
Plan.
City of San Luis
Obispo
Community
Development
Department.
11-19
4-20
7-20
11-20
10-21
Yes;
ongoing
with
individual
projects
San Luis Ranch Project EIR
Mitigation Monitoring and Reporting Program (updated March 2024) 28 Mitigation Measure
Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
If concentrations of contaminants exceed EPA action levels and therefore warrant remediation, contaminated materials shall be remediated either prior to concurrent with
construction and an Environmental Site Assessment (ESA) shall be prepared. Cleanup may include excavation,
disposal, bio-remediation, or any other treatment of
conditions subject to regulatory action. All necessary reports, regulations and permits shall be followed to achieve cleanup of the site. The contaminated materials shall be remediated under the supervision of an environmental consultant
licensed to oversee such remediation and under the
direction of the lead oversight agency. The remediation program shall also be approved by a regulatory oversight agency, such as the San Luis Obispo County Environmental Health Services, the Regional Water Quality Control Board (RWQCB), or DTSC. All proper waste handling and disposal procedures shall be followed. Upon completion of the
remediation, the environmental consultant shall prepare a report summarizing the project, the remediation approach implemented, and the analytical results after completion of the remediation, including all waste disposal or treatment manifests.
HAZ-6 HAZ-6 Naturally Occurring Asbestos Exposure
Avoidance and Minimization:
a. Prior to earthwork activities, a site-specific health and safety plan shall be developed per California
Occupational Safety and Health Administration
(CalOSHA) requirements. The plan shall include
appropriate health and safety measures if NOA is
detected in soil or bedrock beneath the project site. All construction workers that have the potential to come
into contact with contaminated soil/bedrock and
groundwater shall be knowledgeable of the
requirements in the health and safety plan, which
includes proper training and personal protective
equipment. The health and safety plan shall prescribe
appropriate respiratory protection for construction
workers.
b. Prior to beginning construction, a soil and bedrock
analysis for asbestos using polarized light microscopy
and transmission electron microscopy by a qualified
laboratory shall be conducted. Samples of soil shall be collected from multiple locations across the site, and
bedrock samples shall be collected from locations
The measures to avoid and
minimize exposure to NOA
shall be included on project
grading and building plans,
and submitted to and
approved by the City’s
Community Development
Department and, as
applicable, California
Professional Geologist prior to
the issuance of project
grading and building permits.
As applicable, the Community
Development Department shall
ensure implementation of
avoidance and minimization
measures included therein and
as approved by a California
Professional Geologist.
Compliance Status:
Noted on Tract Map and grading
plans. Health and Safety Plan
submitted and accepted by
City.
City of San Luis
Obispo
Community
Development
Department.
11-19
4-20
7-20
11-20
10-21
Yes;
ongoing
with
individual
projects
San Luis Ranch Project EIR
Mitigation Monitoring and Reporting Program (updated March 2024) 29 Mitigation Measure
Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
where excavation into bedrock is anticipated. If NOA is detected, appropriate regulations pertaining to
excavation, removal, transportation, and disposal of
NOA shall be followed. The sampling strategy shall
take into account the locations of potential source
areas, and the anticipated lateral and vertical
distribution of contaminants in soil and/or groundwater.
The results of the investigation shall be documented in a report that is signed by a California Professional
Geologist. The report shall include recommendations
based upon the findings for additional
investigation/remediation if contaminants are detected
above applicable screening levels (e.g., excavate and
dispose, groundwater and/or soil vapor extraction, or in situ bioremediation).
c. During earthwork activities, appropriate procedures
shall be incorporated in the event that NOA is detected in soil or bedrock beneath the project site. These
procedures shall be followed to eliminate or minimize
construction worker or general public exposure to
potential contaminants in soil. Procedures shall include efforts to control fugitive dust, contain and cover
excavation debris piles, appropriate laboratory analysis of soil for waste characterization, and segregation of
contaminated soil from uncontaminated soil. The
applicable regulations associated with excavation,
removal, transportation, and disposal of contaminated
soil shall be followed (e.g., tarping of trucks and waste manifesting). These procedures may be subject to San
Luis Obispo APCD requirements under the California
ARB ATCM for Construction, Grading, Quarrying, and
Surface Mining Operations.
Hydrology and Water Quality
HWQ-1(a) Stormwater Pollution Prevention Plan. All
required actions shall be implemented pursuant to a SWPPP and SWMP to be prepared by the project applicant and
submitted by the City to the Regional Water Quality Control Board under the NPDES Phase II program. At a minimum,
the SWPPP/SWMP shall including the following BMPs:
The use of sandbags, straw bales, and temporary desilting basins during project grading and construction during the rainy season to prevent discharge of
sediment-laden runoff into stormwater facilities;
The project applicant shall
prepare a SWPPP and SWMP
that identifies constructionrelated staging and
maintenance areas, and at a
minimum, the BMPs identified
in Mitigation Measure HWQ1(a). The SWPPP and notices
shall be submitted for review
and approval by the City prior
to the initiation of construction.
The City shall ensure
compliance with the SWPPP. A
Geotechnical Engineer or an
Engineering Geologist shall be
made available to monitor
technical aspects of the grading
activities, including installation of
the drainage outlets and
associated headwalls and
aprons. The City shall also
inspect the site during grading to
City of San Luis
Obispo
Community
Development
Department.
1-20
4-20
7-20
11-20
10-21
Yes;
ongoing
with
individual
projects
San Luis Ranch Project EIR
Mitigation Monitoring and Reporting Program (updated March 2024) 30 Mitigation Measure
Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
Revegetation as soon as practicable after completion of grading to reduce sediment transport during storms;
Installation of straw bales, wattles, or silt fencing at the base of bare slopes before the onset of the rainy
season (October 15th through April 15th);
Installation of straw bales, wattles, or silt fencing at the project perimeter and in front of storm drains before the onset of the rainy season (October 15th through April
15th); and/or
Alternative BMPs as approved by the RWQCB as part
of the SWPPP submittal.
The SWPPP/SWMP shall be
designed to address erosion
and sediment control during all
phases of development of the
site until all disturbed areas are
permanently stabilized.
monitor runoff and after
conclusion of grading activities.
Compliance Status:
Noted on Tract Map and grading
plans. SWPPP was submitted
prior to issuance of grading
permits.
HWQ-1(b) Berms and Basins. As specified in the SWPPP,
the applicant shall be required to manage and control runoff by constructing temporary berms, sediment basins, runoff diversions, or alternative BMP’s as approved by the RWQCB as part of the SWPPP submittal, in order to avoid
unnecessary siltation into local streams during construction activities where grading and construction shall occur in the vicinity of such streams.
Berms and basins shall be constructed when grading
commences and be periodically inspected and
maintained. The project applicant shall sufficiently
document, to the CCRWQCB satisfaction, the proper
installation of such berms and basins during grading.
The applicant shall include
required berms and basins on
project design plans which
must be reviewed and
approved by the City prior to
the approval of the VTTM.
The City shall ensure
compliance with runoff control
requirements. A Geotechnical
Engineer or an Engineering
Geologist shall be made
available to monitor technical
aspects of the grading activities,
including installation of the
berms and basins. The City
shall also inspect the site during
grading to monitor runoff and
after conclusion of grading
activities.
Compliance Status:
Noted on Tract Map and grading
plans. SWPPP was submitted
prior to issuance of grading
permits.
City of San Luis
Obispo
Community
Development
Department.
1-20
4-20
7-20
11-20
10-21
Yes;
ongoing
with
individual
projects
HWQ-1(c) Concept Grading Plan and Master Drainage
Plan. As specified in the SWPPP and the City’s Floodplain Management Regulations, the applicant shall be required to submit a Grading Plan and Master Drainage Plan to the
Planning Division and City Public Works Director for
approval prior to approval of the VTTM. The grading and drainage plans shall be designed to minimize erosion and water quality impacts, to the extent feasible, and shall be consistent with the project’s SWPPP. The plans shall include the following:
The project applicant shall
prepare a Grading Plan and
Master Drainage Plan. The
Grading Plan and Master
Drainage Plan shall be
submitted for review and
approval by the City prior to
the approval of the VTTM. The
grading and drainage plans
shall be designed to minimize
The City shall ensure
compliance with the grading and
drainage plans. A Geotechnical
Engineer or an Engineering
Geologist shall be made
available to monitor technical
aspects of the grading activities,
including installation of the
drainage outlets and associated
headwalls and aprons. The City
City of San Luis
Obispo
Community
Development
Department.
1-20
4-20
7-20
11-20
10-21
Yes;
ongoing
with
individual
projects
San Luis Ranch Project EIR
Mitigation Monitoring and Reporting Program (updated March 2024) 31 Mitigation Measure
Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
a. Graded areas shall be revegetated with deep-rooted,
native, non-invasive drought tolerant species to
minimize slope failure and erosion potential. Geotextile fabrics shall be used if necessary to hold slope soils
until vegetation is established;
b. Temporary storage of construction equipment shall be limited to a minimum of 100 feet away from drainages
on the project site; and
c. Erosion control structures shall be installed.
d. Demonstrate peak flows and runoff for each phase of
construction.
e. Be coordinated with habitat restoration efforts, including measures to minimize removal of riparian and wetland
habitats and trees (Mitigation Measures BIO-2[a] and
BIO-2[b]).
f. Grading and drainage plans shall be submitted for
review and approval by the Planning Division. The
applicant shall ensure installation of erosion control
structures prior to beginning of construction of any
structures, subject to review and approval by the City. erosion and water quality
impacts, to the extent
feasible, and shall be
consistent with the project’s
SWPPP.
shall also inspect the site during
grading to monitor runoff and
after conclusion of grading
activities.
Compliance Status:
Noted on Tract Map and grading
plans. Master Drainage Report
was part of the plan review
process and was submitted
and approved prior to approval
of the Onsite and Offsite
Improvement Plans.
HWQ-3(a) Stormwater Quality Treatment Controls. BMP
devices shall be incorporated into the stormwater quality system depicted in the Master Drainage Plan (refer to
Mitigation Measure HWQ-1[c]). The final design of the
stormwater quality system shall be reviewed and approved by the City.
The Master Drainage Plan shall contain the following
relevant BMPs:
Vegetated bioswales to reduce sediment and
particulate forms of metals and other pollutants along
corridors of planted grasses.
Vegetated buffer strips to reduce sediment and
particulate forms of metals and nutrients.
BMP devices shall be
incorporated into the
stormwater quality system
depicted in the Master
Drainage Plan (refer to
Mitigation Measure HWQ1[c]). The final design of the
stormwater quality system
shall be reviewed and
approved by the City.
The applicant shall demonstrate
inclusion of BMPs within the
VTTM, Utilities Plan, and Master
Drainage Plan, which shall be
submitted for review and
approval by the City prior to
Development Plan approval and
VTTM recordation.
Compliance Status:
Noted on Tract Map and grading
plans. Stormwater BMP
Maintenance Manual, referred
to as an Operation and
Maintenance (O&M) Manual,
was submitted and approved
as part of the Public
Improvement Plan review
process. It is anticipated that
O&M Manual may need to be
updated if any field changes
occur.
City of San Luis
Obispo
Community
Development
Department and
Public Works
Department.
1-20
4-20
7-20
11-20
10-21
Yes;
ongoing
with
individual
projects
San Luis Ranch Project EIR
Mitigation Monitoring and Reporting Program (updated March 2024) 32 Mitigation Measure
Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
HWQ-3(b) Stormwater BMP Maintenance Manual. The
project applicant shall prepare a development maintenance manual for the stormwater quality system BMPs (refer to Mitigation Measure HWQ-3[a]). The maintenance manual
shall include detailed procedures for maintenance and
operations of all stormwater facilities to ensure long-term operation and maintenance of post-construction stormwater controls. The maintenance manual shall require that
stormwater BMP devices be inspected, cleaned, and
maintained in accordance with the manufacturer’s
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 project applicant shall
prepare a development
maintenance manual for the
stormwater quality system
BMPs according to the
specifications in this
measure.
The maintenance manual shall
be submitted for review and
approval by the City prior to
Development Plan approval and
VTTM recordation.
Compliance Status:
Noted on Tract Map and grading
plans. Stormwater BMP
Maintenance Manual, referred
to as an Operation and
Maintenance (O&M) Manual,
was submitted and approved
as part of the Public
Improvement Plan review
process. It is anticipated that
O&M Manual may need to be
updated if any field changes
occur.
City of San Luis
Obispo
Community
Development
Department and
Public Works
Department.
1-20
4-20
7-20
11-20
10-21
Yes;
ongoing
with
individual
projects
HWQ-3(c) Stormwater BMP Semi-Annual Maintenance
Report. The property manager(s) or acceptable
maintenance organization shall submit to the City of San Luis Obispo Public Works Department a detailed report
prepared by a licensed Civil Engineer addressing the
condition of all private stormwater facilities, BMPs, and any necessary maintenance activities on a semi-annual basis (October 15th and May 15th of each year). The requirement for maintenance and report submittal shall be recorded
against the property.
The property manager(s) or
acceptable maintenance
organization shall submit to
the City of San Luis Obispo
Public Works Department a
detailed report prepared by a
licensed Civil Engineer
addressing the condition of all
private stormwater facilities,
BMPs, and any necessary
maintenance activities on a
semi-annual basis (October
15th and May 15th of each
year)
The maintenance reports shall
be submitted for review and
approval by the City on a semiannual basis and shall be included with the VTTM
recordation.
Compliance Status:
Noted on Tract Map and grading
plans. The requirement for
semi-annual reporting will start
after the completion of
installation of BMPs.
City of San Luis
Obispo
Community
Development
Department and
Public Works
Department.
Yes;
included
on map
approvals
To be
verified
as
required
HWQ-4 Conditional Letter of Map Revision/Letter of Map
Revision. The applicant, in conjunction with the City of San Luis Obispo, shall prepare the CLOMR application and
obtain a LOMR from FEMA.
The applicant shall prepare the
CLOMR application and
submit it to FEMA.
The City will confirm that FEMA
has approved the CLOMR prior
to issuance of a grading permit,
and LOMR prior to occupancy.
City of San Luis
Obispo
Community
Development
Department.
Yes
San Luis Ranch Project EIR
Mitigation Monitoring and Reporting Program (updated March 2024) 33 Mitigation Measure
Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
Compliance Status:
CLOMR has been submitted to
and approved by FEMA.
San Luis Ranch Project EIR
Mitigation Monitoring and Reporting Program (updated March 2024) 34 Mitigation Measure
Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
Noise
N-1(a) Construction Vehicle Travel Route. Construction
vehicles and haul trucks shall utilize roadways which avoid residential neighborhoods and sensitive receptors where possible. The applicant shall submit a proposed construction vehicle and hauling route for City review and approval prior to grading/building permit issuance. The approved
construction vehicle and hauling route shall be used for soil hauling trips prior to construction as well as for the duration of construction.
Construction plans shall note
construction hours and truck
routes, and shall be submitted
to the City for approval prior to
grading and building permit
issuance for each project
phase. The Community
Development department shall
confirm that construction noise
reduction measures are
incorporated in plans prior to
approval of grading/building
permit issuance.
City staff shall ensure
compliance throughout all
construction phases. Building
inspectors and permit
compliance staff shall
periodically inspect the site for
compliance with activity
schedules and respond to
complaints.
Compliance Status:
Noted on Tract Map and grading
plans.
City of San Luis
Obispo
Community
Development
Department.
1-20
4-20
7-20
11-20
10-21
Yes;
ongoing
with
individual
projects
N-1(b) Construction Activity Timing. Except for
emergency repair of public service utilities, or where an exception is issued by the Community Development
Department, no operation of tools or equipment used in
construction, drilling, repair, alteration, or demolition work shall occur daily between the hours of 7:00 PM and 7:00 AM, or any time on Sundays, holidays, or after sunset, such that the sound creates a noise disturbance that exceeds 75 dBA for single family residential, 80 dBA for multi-family residential, and 85 dBA for mixed residential/commercial land uses across a residential or commercial property line.
Construction plans shall note
construction hours and shall
be submitted to the City for
approval prior to grading and
building permit issuance for
each project phase. Schedule
and neighboring property
owner notification mailing list
shall be submitted 10 days
prior to initiation of any earth
movement. The Community
Development department shall
confirm that construction noise
reduction measures are
incorporated in plans prior to
approval of grading/building
permit issuance.
All construction workers shall
be briefed at a preconstruction meeting on
construction hour limitations. A
workday schedule will be
adhered to for the duration of
construction for all phases.
City staff shall ensure
compliance throughout all
construction phases. Building
inspectors and permit
compliance staff shall
periodically inspect the site for
compliance with activity
schedules and respond to
complaints.
Compliance Status:
Noted on Tract Map and grading
plans. Periodic onsite
monitoring; verify through
complaints and follow up.
City of San Luis
Obispo
Community
Development
Department.
1-20
4-20
7-20
11-20
10-21
Yes;
ongoing
with
individual
projects
N-1(c) Construction Equipment Best Management
Practices (BMPs). For all construction activity at the project site, noise attenuation techniques shall be employed to Construction plans shall note
construction Best
Management Practices
City staff shall ensure
compliance throughout all
construction phases. Building
City of San Luis
Obispo
Community
1-20
4-20
7-20
Yes;
ongoing
with
San Luis Ranch Project EIR
Mitigation Monitoring and Reporting Program (updated March 2024) 35 Mitigation Measure
Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
ensure that noise levels are maintained within levels allowed by the City of San Luis Obispo Municipal Code, Title 9, Chapter 9.12 (Noise Control). Such techniques shall include:
Sound blankets on noise-generating equipment.
Stationary construction equipment that generates noise levels above 65 dBA at the project boundaries shall be
shielded with barriers that meet a sound transmission
class (a rating of how well noise barriers attenuate
sound) of 25.
All diesel equipment shall be operated with closed
engine doors and shall be equipped with factoryrecommended mufflers. For stationary equipment, the applicant shall designate equipment areas with appropriate acoustic shielding on
building and grading plans. Equipment and shielding
shall be installed prior to construction and remain in the designated location throughout construction activities. Electrical power shall be used to power air compressors and similar power tools.
The movement of construction-related vehicles, with the exception of passenger vehicles, along roadways
adjacent to sensitive receptors shall be limited to the hours between 7:00 AM and 7:00 PM, Monday through
Saturday. No movement of heavy equipment shall
occur on Sundays or official holidays (e.g.,
Thanksgiving, Labor Day).
Temporary sound barriers shall be constructed between construction sites and affected uses.
(BMPs) and shall be submitted
to the City for approval prior to
grading and building permit
issuance for each project
phase. BMPs shall be
identified and described for
submittal to the City for review
and approval prior to building
or grading permit issuance.
BMPs shall be adhered to for
the duration of the project. The
applicant shall provide and
post signs stating these
restrictions at construction site
entries. Signs shall be posted
prior to commencement of
construction and maintained
throughout construction.
Schedule and neighboring
property owner notification
mailing list shall be submitted
10 days prior to initiation of
any earth movement. The
Community Development
department shall confirm that
construction noise reduction
measures are incorporated in
plans prior to approval of
grading/building permit
issuance.
All construction workers shall
be briefed at a preconstruction meeting on how,
why, and where BMP
measures are to be
implemented. A workday
schedule will be adhered to for
the duration of construction for
all phases.
inspectors and permit
compliance staff shall
periodically inspect the site for
compliance with activity
schedules and respond to
complaints.
Compliance Status:
Noted on Tract Map and grading
plans. Periodic onsite
monitoring; verify through
complaints and follow up.
Development
Department.
11-20
10-21
individual
projects
N-4(a) HVAC Equipment. Retail HVAC equipment shall be
shielded and located on building rooftops, or a minimum of 100 feet from the nearest residential property line.
These requirements shall be
incorporated into project site
plans submitted for approval
before the issuance of grading
and building permits.
The Community Development
Department shall verify
compliance prior to issuance of
operating permits. The
Community Development
Department shall site inspect to
City of San Luis
Obispo
Community
Development
Department.
11-20 On tract
map; field
verify as
needed
San Luis Ranch Project EIR
Mitigation Monitoring and Reporting Program (updated March 2024) 36 Mitigation Measure
Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
ensure development is in
accordance with approved plans
prior to occupancy clearance.
Community Development staff
shall verify compliance in
accordance with approved
building plans.
Compliance Status:
Noted on Tract Map. Will apply
once commercial component
begins.
N-4(b) Parking Lot/Loading Dock Orientation and Noise
Barrier. If parking areas or loading docks would be located within 250 feet of the residential properties to the west, a masonry noise barrier shall be installed along the eastern boundary of the proposed residences adjacent to the
commercial land use area on the eastern portion of the
project site. The noise barrier shall be constructed of any masonry material with a surface density of at least three pounds per square foot, and shall have no openings or gaps.
These requirements shall be
incorporated into project site
plans submitted for approval
before the issuance of grading
and building permits.
The Community Development
Department shall verify
compliance prior to issuance of
operating permits. The
Community Development
Department shall site inspect to
ensure development is in
accordance with approved plans
prior to occupancy clearance.
Community Development staff
shall verify compliance in
accordance with approved
building plans.
Compliance Status:
Noted on Tract Map. Will apply
once commercial component
begins.
City of San Luis
Obispo
Community
Development
Department.
11-20 On tract
map; field
verify as
needed
N-5(a) Interior Noise Reduction. The project applicant shall implement the following measures, or similar combination of measures, which demonstrate that interior noise levels in proposed residences adjacent to Froom Ranch Way and
Madonna Road, hotel, and offices would be reduced below the City’s 45 dBA CNEL interior noise standard. The
required interior noise reduction shall be achieved through a combination of standard interior noise reduction techniques, which may include (but are not limited to):
These requirements shall be
incorporated into all
construction documents
submitted for approval before
the issuance of grading
permits.
The Community Development
Department shall verify
compliance prior to issuance of
grading permits. The
Community Development
Department shall site inspect to
ensure development is in
accordance with approved plans
prior to occupancy clearance.
City of San Luis
Obispo
Community
Development
Department.
1-20
4-20
7-20
11-20
Yes;
ongoing
with
individual
projects;
field
verify as
needed
San Luis Ranch Project EIR
Mitigation Monitoring and Reporting Program (updated March 2024) 37 Mitigation Measure
Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
In order for windows and doors to remain closed,
mechanical ventilation such as air conditioning shall be provided for all units (Passive ventilation may be
provided, if mechanical ventilation is not necessary to achieve interior noise standards, as demonstrated by a
qualified acoustical consultant).
All exterior walls shall be constructed with a minimum STC rating of 50, consisting of construction of 2 inch by 4 inch wood studs with one layer of 5/8 inch Type “X”
gypsum board on each side of resilient channels on 24
inch centers and 3 ½ inch fiberglass insulation.
All windows and glass doors shall be rated STC 39 or
higher such that the noise reduction provided will
satisfy the interior noise standard of 45 dBA CNEL.
An acoustical test report of all the sound-rated windows and doors shall be provided to the City for review by a qualified acoustical consultant to ensure that the
selected windows and doors in combination with wall
assemblies would reduce interior noise levels
sufficiently to meet the City’s interior noise standard. All vent ducts connecting interior spaces to the exterior (i.e., bathroom exhaust, etc.) shall have at least two 90 degree turns in the duct.
All windows and doors shall be installed in an
acoustically-effective manner. Sliding window panels
shall form an air-tight seal when in the closed position and the window frames shall be caulked to the wall
opening around the perimeter with a non-hardening
caulking compound to prevent sound infiltration.
Exterior doors shall seal air-tight around the full
perimeter when in the closed position.
The applicant shall submit a report to the Community
Development Department by a qualified acoustical
consultant certifying that the specific interior noise reduction techniques included in residential, hotel, and office
components of the project would achieve interior noise
levels that would not exceed 45 dBA CNEL.
Community Development staff
shall verify installation in
accordance with approved
building plans.
Compliance Status:
Noted on Tract Map and project
plans. Will require verification
and site inspection.
N-5(b) Residential Outdoor Activity Area Noise
Attenuation. Outdoor activity areas (e.g., patios and hotel pool areas) associated with shared multifamily residential recreational spaces, hotel, commercial, and office uses shall be protected from sound intrusion so that they meet the City’s exterior standard of 60 dBA CNEL. Outdoor activity These requirements shall be
incorporated into all
construction documents
submitted for approval before
The Community Development
Department shall verify
compliance prior to issuance of
grading permits. The
Community Development
Department shall site inspect to
City of San Luis
Obispo
Community
Development
Department.
1-20
4-20
7-20
11-20
Yes;
ongoing
with
individual
projects;
field
San Luis Ranch Project EIR
Mitigation Monitoring and Reporting Program (updated March 2024) 38 Mitigation Measure
Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
areas shall be oriented away from traffic noise such that intervening buildings reduce traffic noise or shall include noise barriers capable of reducing traffic noise levels to meet the City’s exterior standard. Hotel pool areas shall be located a minimum of 500 feet from the U.S. 101 right-ofway. Noise barriers may be constructed of a material such as tempered glass, acrylic glass, or masonry material with a surface density of at least three pounds per square foot, and shall have no openings or gaps. The applicant shall submit a report to the Community Development Department by a
qualified acoustic consultant certifying that the specific outdoor noise reduction techniques in combination with the orientation of outdoor activity areas of shared multifamily residential recreational spaces, hotel, commercial, and offices would achieve exterior noise levels that would not exceed 60 dBA CNEL.
the issuance of grading
permits.
ensure development is in
accordance with approved plans
prior to occupancy clearance.
Community Development staff
shall verify installation in
accordance with approved
building plans.
Compliance Status:
Noted on Tract Map and project
plans. Will require verification
and site inspection.
verify as
needed
N-5(c) Froom Ranch Way Noise Barrier. A masonry noise
barrier or alternative barrier, such as a landscaped berm, shall be installed along the southern property line of
residential lots that abut Froom Ranch Way to protect
outdoor activity areas (patios and pools) at these residences from sound intrusion from traffic along Froom Ranch Way.
The noise barrier or berm shall provide, at minimum, a 6 foot high barrier between Froom Ranch Way and the neighboring residences from the final grade of whichever use (i.e., Froom Ranch Way or residences) has a higher final elevation. If a masonry noise barrier is implemented, the noise barrier shall be constructed of any masonry material with a surface
density of at least three pounds per square foot, and shall have no openings or gaps. If an alternative material is used, the developer shall submit a report to the Community
Development Department by a qualified acoustical
consultant certifying that the specific exterior noise reduction techniques included would achieve exterior noise levels that would not exceed 60 dBA CNEL.
These requirements shall be
incorporated into all
construction documents
submitted for approval before
the issuance of grading
permits.
The Community Development
Department shall verify
compliance prior to issuance of
grading permits. The
Community Development
Department shall site inspect to
ensure development is in
accordance with approved plans
prior to occupancy clearance.
Community Development staff
shall verify installation in
accordance with approved
building plans.
Compliance Status:
Noted on Tract Map and project
plans. Will require verification
and site inspection.
City of San Luis
Obispo
Community
Development
Department.
TBD
N-5(d) U.S. Highway 101 Noise Barrier at Hotel. If the
hotel includes an outdoor activity area (such as a patio or pool) a masonry noise barrier or alternative barrier, such as berms, landscaping, or glass, must be installed along the eastern property line of the hotel where it abuts the U.S. 101 right of way to protect these outdoor activity areas from sound intrusion from traffic along U.S. 101. If a masonry noise barrier is implemented, the noise barrier shall provide, These requirements shall be
incorporated into all
construction documents
submitted for approval before
the issuance of grading
permits.
The Community Development
Department shall verify
compliance prior to issuance of
grading permits. The
Community Development
Department shall site inspect to
ensure development is in
accordance with approved plans
City of San Luis
Obispo
Community
Development
Department.
7-20 Yes;
ongoing
with hotel
project;
field
verify as
needed
San Luis Ranch Project EIR
Mitigation Monitoring and Reporting Program (updated March 2024) 39 Mitigation Measure
Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
at minimum, an 8 foot high barrier between U.S. 101 and the hotel from the final grade of whichever use (i.e., U.S. 101 or hotel) has a higher final elevation. Such a noise barrier shall be constructed of any masonry material with a surface
density of at least three pounds per square foot, and shall have no openings or gaps. If an alternative material is used, the developer shall submit a report to the Community
Development Department by a qualified acoustical
consultant demonstrating that the specific exterior noise reduction techniques included in the hotel component of the project would achieve exterior noise levels that would not exceed 60 dBA CNEL.
prior to occupancy clearance.
Community Development staff
shall verify installation in
accordance with approved
building plans.
Compliance Status:
Noted on Tract Map and project
plans. Project design includes
interior courtyard, but will
require verification and site
inspection.
San Luis Ranch Project EIR
Mitigation Monitoring and Reporting Program (updated March 2024) 40 Mitigation Measure
Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
Recreation
REC-1 Parkland In-lieu Fees. The project applicant shall pay parkland in-lieu fees in accordance with the City’s parkland in-lieu fee program for the parkland shortage. The project’s specific fee shall be determined by the City at the time of project approval, after accounting for parkland provided within the San Luis Ranch Specific Plan Area. The in-lieu fees collected from the project shall be directed to new projects or improvements to existing parks and
recreation facilities within the City of San Luis Obispo parks system.
The project applicant shall
pay parkland in-lieu fees in
accordance with the City’s
parkland in-lieu fee program
prior to Development Plan
approval.
The Parks and Recreation
Department shall verify
compliance prior to Plan
approval.
Compliance Status:
Noted on Tract Map and project
plans. Payment pending. Verify
payment with Parks and Rec.
City of San Luis
Obispo Parks
and Recreation
Department.
1-20
4-20
7-20
11-20
Yes;
ongoing
with
individual
projects;
verify
payment
with
Parks
and Rec
Transportation
T-1(b), T-8a), T-9(c). Madonna Road & Dalidio
Drive/Prado Road Intersection
1. Extend existing westbound left turn lane on Madonna
Road to Dalidio Drive/Prado Road to 310’
2. Install 2nd westbound 310’ left turn lane on Madonna Road to Dalidio Drive/Prado Road
3. Install eastbound 250’ right turn pocket on Madonna
Road to Dalidio Drive/Prado Road
4. Install 2nd northbound left shared with through-lane on Prado Road/Dalidio Drive to Madonna Road
5. Prohibit westbound U-turns on Madonna Road
6. Provide split phase operations & optimize signal timing Implementation of
improvements shall occur prior
to building permits or
occupancy.
City Public Works staff shall
ensure implementation of these
improvements following
approval of the final design
plans for the Specific Plan Area.
Compliance Status:
Noted on Tract Map and project
plans. Public Works to verify.
Applies to all traffic mitigation.
City of San Luis
Obispo Public
Works
Department.
Yes
T-1(e), T-2(f), T-8(b), T-9(h). Los Osos Valley Road &
Froom Ranch Way Intersection
1. Install dedicated 230’ right turn lane on northbound Froom Ranch Way approach to Los Osos Valley Road
2. Extend right turn lane on southbound Froom Ranch Way approach to Los Osos Valley Road to 110’
3. Install 2nd southbound left turn lane on Froom Ranch Way approach to eastbound Los Osos Valley Road
Implementation of
improvements shall occur with
Froom Bridge construction.
City Public Works staff shall
ensure implementation of these
improvements following
approval of the final design
plans for the Specific Plan Area.
Compliance Status:
Noted on Tract Map and project
plans. Public Works to verify.
Applies to all traffic mitigation.
City of San Luis
Obispo Public
Works
Department.
Yes
T-1(f), T-8(c). Los Osos Valley Road & Auto Parkway
Intersection
The developer shall pay fair
share mitigation fees in
accordance with a Cityadopted funding mechanism
City Public Works staff shall
confirm payment of applicable
City of San Luis
Obispo Public
Yes
San Luis Ranch Project EIR
Mitigation Monitoring and Reporting Program (updated March 2024) 41 Mitigation Measure
Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
1. Pay Fair Share Impact fees for Signalization
(Prior to Building Permits or Occupancy)
2. Pay Fair share costs and dedicate necessary
ROW for construction of the Prado Road
Overpass & NB Ramps (Timing & Amount of
Fair Share Payments as established in San
Luis Ranch Development Agreement).
3. Develop a Travel Demand Management Plan
consistent with section 2.4.3 and to the
satisfaction of the Public Works Director
(Prior to Building Permits or Occupancy)
consistent with the
Development Agreement.
TDMP to be established prior
to building permits or
occupancy.
fees, dedication of ROW, and
completion of TDMP.
Compliance Status:
Noted on Tract Map and project
plans. Public Works to verify.
Applies to all traffic mitigation.
Works
Department.
T-2(g). Los Osos Valley Road & U.S. 101 Southbound
Off Ramp
1. Extend off ramp left turn lane to 320’
Implementation of
improvements shall occur by
building permits or occupancy.
City Public Works staff shall
ensure implementation of these
improvements following
approval of the final design
plans for the Specific Plan Area.
Compliance Status:
Noted on Tract Map and project
plans. Public Works to verify.
Applies to all traffic mitigation.
City of San Luis
Obispo Public
Works
Department.
Complete
T-2(h). Los Osos Valley Road & U.S. 101 Northbound
Off Ramp
1. Pay Fair share costs and dedicate necessary ROW for
construction of the Prado Road Overpass & NB Ramps
(Timing & Amount of Fair Share Payments as
established in San Luis Ranch Development
Agreement).
2. Develop a Travel Demand Management Plan consistent
with section 2.4.3 and to the satisfaction of the Public Works Director (Prior to Building Permits or Occupancy) The developer shall pay fair
share mitigation fees in
accordance with a Cityadopted funding mechanism
consistent with the
Development Agreement.
TDMP to be established prior
to building permits or
occupancy.
City Public Works staff shall
confirm payment of applicable
fees, dedication of ROW, and
completion of TDMP.
Compliance Status:
ROW dedicated with Final Map.
Prado Fair Share payment
made 11/2023. TDMP
completed and being
implemented with each phase.
City of San Luis
Obispo Public
Works
Department.
11-
2023
Prado –
Complete
TDMP
ongoing
with each
phase
T-1(c), T-2(c). Madonna & U.S. 101 Southbound Off
Ramp
1. Pay Fair share costs and dedicate necessary ROW for
construction of the Prado Road Overpass & NB Ramps
(Timing & Amount of Fair Share Payments as
The developer shall pay fair
share mitigation fees in
accordance with a Cityadopted funding mechanism
consistent with the
Development Agreement.
TDMP and Madonna ramp
City Public Works staff shall
confirm payment of applicable
fees, dedication of ROW, and
completion of TDMP.
Compliance Status:
City of San Luis
Obispo Public
Works
Department.
Prado –
Complete
TDMP
ongoing
with each
San Luis Ranch Project EIR
Mitigation Monitoring and Reporting Program (updated March 2024) 42 Mitigation Measure
Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
established in San Luis Ranch Development
Agreement).
2. Develop a Travel Demand Management Plan consistent
with section 2.4.3 and to the satisfaction of the Public Works Director (Prior to Building Permits or Occupancy)
3. Extend northbound Madonna Road left turn lane to 150’ (Prior to Building Permits or Occupancy)
extension to be established
prior to building permits or
occupancy.
ROW dedicated with Final Map.
Prado Fair Share payment
made 11/2023. TDMP
completed and being
implemented with each phase.
phase
T-2(d). Madonna & U.S. 101 Northbound Off Ramp
1. Pay Fair share costs and dedicate necessary ROW for
construction of the Prado Road Overpass & NB Ramps
(Timing & Amount of Fair Share Payments as established
in San Luis Ranch Development Agreement).
2. Develop a Travel Demand Management Plan consistent
with section 2.4.3 and to the satisfaction of the Public Works Director (Prior to Building Permits or Occupancy) The developer shall pay fair
share mitigation fees in
accordance with a Cityadopted funding mechanism
consistent with the
Development Agreement.
TDMP to be established prior
to building permits or
occupancy.
City Public Works staff shall
confirm payment of applicable
fees, dedication of ROW, and
completion of TDMP.
Compliance Status:
ROW dedicated with Final Map.
Prado Fair Share payment
made 11/2023. TDMP
completed and being
implemented with each phase.
City of San Luis
Obispo Public
Works
Department.
Prado –
Complete
TDMP
ongoing
with each
phase
T-2(e). Madonna & Higuera Street
1. Pay Fair share costs and dedicate necessary ROW for
construction of the Prado Road Overpass & NB Ramps
(Timing & Amount of Fair Share Payments as
established in San Luis Ranch Development
Agreement).
2. Develop a Travel Demand Management Plan consistent
with section 2.4.3 and to the satisfaction of the Public Works Director (Prior to Building Permits or Occupancy) The developer shall pay fair
share mitigation fees in
accordance with a Cityadopted funding mechanism
consistent with the
Development Agreement.
TDMP to be established prior
to building permits or
occupancy.
City Public Works staff shall
confirm payment of applicable
fees, dedication of ROW, and
completion of TDMP.
Compliance Status:
ROW dedicated with Final Map.
Prado Fair Share payment
made 11/2023. TDMP
completed and being
implemented with each phase.
City of San Luis
Obispo Public
Works
Department.
Prado –
Complete
TDMP
ongoing
with each
phase
T-2(a). Madonna & Los Osos Valley Road
1. Pay Fair share costs and dedicate necessary ROW for
construction of the Prado Road Overpass & NB Ramps
(Timing & Amount of Fair Share Payments as
established in San Luis Ranch Development
Agreement).
The developer shall pay fair
share mitigation fees in
accordance with a Cityadopted funding mechanism
consistent with the
Development Agreement.
TDMP to be established prior
to building permits or
occupancy.
City Public Works staff shall
confirm payment of applicable
fees, dedication of ROW, and
completion of TDMP.
Compliance Status:
ROW dedicated with Final Map.
Prado Fair Share payment
made 11/2023. TDMP
City of San Luis
Obispo Public
Works
Department.
Prado –
Complete
TDMP
ongoing
with each
phase
San Luis Ranch Project EIR
Mitigation Monitoring and Reporting Program (updated March 2024) 43 Mitigation Measure
Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
2. Develop a Travel Demand Management Plan consistent
with section 2.4.3 and to the satisfaction of the Public Works Director (Prior to Building Permits or Occupancy) completed and being
implemented with each phase.
T-1(g), T-8(g), T-9(l). Higuera Street & Tank Farm Road
1. Pay Fair share costs and dedicate necessary
ROW for construction of the Prado Road
Overpass & NB Ramps (Timing & Amount of
Fair Share Payments as established in San
Luis Ranch Development Agreement).
2. Develop a Travel Demand Management Plan
consistent with section 2.4.3 and to the
satisfaction of the Public Works Director (Prior
to Building Permits or Occupancy)
3. Extend northbound right turn pocket to 230’
and channelize movement (Prior to Building
Permits or Occupancy)
The developer shall pay fair
share mitigation fees in
accordance with a Cityadopted funding mechanism
consistent with the
Development Agreement.
TDMP and extended NB right
turn pocket to be completed
prior to building permits or
occupancy.
City Public Works staff shall
confirm payment of applicable
fees. City Public Works staff
shall ensure implementation of
these improvements following
approval of the final design
plans for the Specific Plan Area.
Compliance Status:
ROW dedicated with Final Map.
Prado Fair Share payment
made 11/2023. TDMP
completed and being
implemented with each phase.
City of San Luis
Obispo Public
Works
Department.
Prado –
Complete
TDMP
ongoing
with each
phase
T-2(j), T-9(m). Prado Road & Higuera Street Intersection
1. Install 2nd U.S. 101 northbound left turn lane
2. Extend westbound right turn pocket to 400’
Implementation of
improvements shall occur by
building permits or occupancy.
City Public Works staff shall
ensure implementation of these
improvements following
approval of the final design
plans for the Specific Plan Area.
Compliance Status:
Noted on Tract Map and project
plans. Completed.
City of San Luis
Obispo Public
Works
Department.
Complete
T-2(i). Los Osos Valley Road & Higuera Street
1. Extend eastbound right turn lane to 180’
Implementation of
improvements shall occur by
building permits or occupancy.
City Public Works staff shall
ensure implementation of these
improvements following
approval of the final design
plans for the Specific Plan Area.
Compliance Status:
Noted on Tract Map and project
plans. Completed.
City of San Luis
Obispo Public
Works
Department.
Complete
T-1(h), T-1(i). Install Multilane Roundabout at
Prado/Dalidio & Froom Intersection
Implementation of
improvements shall occur with
City Public Works staff shall
ensure implementation of these
improvements following
City of San Luis
Obispo Public
Yes
San Luis Ranch Project EIR
Mitigation Monitoring and Reporting Program (updated March 2024) 44 Mitigation Measure
Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
Prado/Dalidio Road
construction.
approval of the final design
plans for the Specific Plan Area.
Compliance Status:
Noted on Tract Map and project
plans. In compliance.
Works
Department.
T-6. Install Multilane Roundabout Control or Restricted Access at Prado Road/Dalidio Drive & Project Driveways
Implementation of
improvements shall occur with
Prado/Dalidio construction.
City Public Works staff shall
ensure implementation of these
improvements following
approval of the final design
plans for the Specific Plan Area.
Compliance Status:
Noted on Tract Map and project
plans. Public Works to verify.
Applies to all traffic mitigation.
City of San Luis
Obispo Public
Works
Department.
Partially
Complete
T-3(d). Parallel Class I Multiuse Paths or Bike Boulevard Fair Share Payment:
1. Higuera Street (Madonna Road to Prado Road)
2. Los Osos Valley Road (Madonna Road to Higuera
Street)
3. Madonna Road (Los Osos Valley Road to Higuera
Street)
Construct:
4. Prado Road/Dalidio Drive (Froom Ranch Way to
Higuera Street)
Payment of fair share for
implementation identified
improvements shall occur per
Development Agreement.
Implementation of Prado
Road/Dalidio Drive
improvement shall occur with
Prado construction.
City Public Works staff shall
ensure implementation of this
measure.
Compliance Status:
Noted on Tract Map and project
plans. Public Works to verify.
Applies to all traffic mitigation.
City of San Luis
Obispo Public
Works
Department.
TBD
T-3(a). City Transit Headway Optimization
1. Fund assessment of decreasing traffic headways to 25 min
Implementation of
improvements shall be
ongoing as determined
necessary by City Public
Works.
City Public Works staff shall
ensure implementation of these
improvements following
approval of the final design
plans for the Specific Plan Area.
Compliance Status:
Noted on Tract Map and project
plans. Public Works to verify.
Applies to all traffic mitigation.
City of San Luis
Obispo Public
Works
Department.
TBD
San Luis Ranch Project EIR
Mitigation Monitoring and Reporting Program (updated March 2024) 45 Mitigation Measure
Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
T-1(a, d). City Signal Timing Optimization Implementation of improvements shall be
ongoing as determined
necessary by City Public
Works.
City Public Works staff shall
ensure implementation of these
improvements following
approval of the final design
plans for the Specific Plan Area.
Compliance Status:
Noted on Tract Map and project
plans. Public Works to verify.
Applies to all traffic mitigation.
City of San Luis
Obispo Public
Works
Department.
TBD
T-7. Traffic Calming and/or Reconfiguration of New
Neighborhood Streets
The project applicant shall
include neighborhood traffic
circles at key intersections and
traffic-calming features on final
design plans for development
within the Specific Plan Area.
City Public Works staff shall
confirm inclusion of
neighborhood traffic circles at
key intersections and trafficcalming features, and approve final design plans prior to
issuance of grading permits.
Compliance Status:
Noted on Tract Map and project
plans. Public Works to verify.
Applies to all traffic mitigation.
City of San Luis
Obispo Public
Works
Department.
TBD
T-5. Froom Ranch Way Bridge Construction The Froom Ranch Way bridge connection shall be
completed prior to any
residential or nonresidential building permits
or occupancy permits.
City Public Works staff shall
confirm implementation of this
measure.
Compliance Status:
Noted on Tract Map and project
plans. Public Works to verify.
Applies to all traffic mitigation.
City of San Luis
Obispo Public
Works
Department.
Yes
T-4. Construction Traffic Management Plan The project applicant shall submit the construction traffic
management plan for review
and approval by the City prior
to the initiation of construction.
The City shall ensure
compliance with the
construction traffic management
plan through routine monitoring
throughout all phases of project
construction.
Compliance Status:
City of San Luis
Obispo Public
Works
Department.
Ongoing
San Luis Ranch Project EIR
Mitigation Monitoring and Reporting Program (updated March 2024) 46 Mitigation Measure
Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
Noted on Tract Map and project
plans. Public Works to verify.
Applies to all traffic mitigation.
T-1(a). Madonna & Los Osos Valley Road
1. City optimize signal timing to accommodate increased project volumes
Ongoing by City. City Public Works staff shall
monitor timing as needed.
Compliance Status:
Noted on Tract Map and project
plans. Public Works to verify.
Applies to all traffic mitigation.
City of San Luis
Obispo Public
Works
Department.
TBD
T-2(b), T-9(b). Madonna Road & Oceanaire Drive
1. Pay Fair share costs and dedicate necessary ROW for
construction of the Prado Road Overpass & NB Ramps
(Timing & Amount of Fair Share Payments as
established in San Luis Ranch Development
Agreement).
2. Develop a Travel Demand Management Plan consistent
with section 2.4.3 and to the satisfaction of the Public Works Director (Prior to Building Permits or Occupancy) The developer shall pay fair
share mitigation fees in
accordance with a Cityadopted funding mechanism
consistent with the
Development Agreement.
TDMP to be established prior
to building permits or
occupancy.
City Public Works staff shall
confirm payment of applicable
fees, dedication of ROW, and
completion of TDMP.
Compliance Status:
ROW dedicated with Final Map.
Prado Fair Share payment
made 11/2023. TDMP
completed and being
implemented with each phase
City of San Luis
Obispo Public
Works
Department.
Prado –
Complete
TDMP
ongoing
with each
phase
T-1(d). Higuera Street & South Street
1. City optimize signal timing to accommodate increased project volumes
Ongoing by City. City Public Works staff shall
monitor timing as needed.
Compliance Status:
Noted on Tract Map and project
plans. Public Works to verify.
Applies to all traffic mitigation.
City of San Luis
Obispo Public
Works
Department.
TBD
T-11(a). Prado & U.S. 101 Northbound Off Ramp
1. Pay Fair share costs and dedicate necessary ROW for
construction of the Prado Road Overpass & NB Ramps
(Timing & Amount of Fair Share Payments as
established in San Luis Ranch Development
Agreement).
The developer shall pay fair
share mitigation fees in
accordance with a Cityadopted funding mechanism
consistent with the
Development Agreement.
TDMP to be established prior
to building permits or
occupancy.
City Public Works staff shall
confirm payment of applicable
fees, dedication of ROW, and
completion of TDMP.
Compliance Status:
ROW dedicated with Final Map.
Prado Fair Share payment
made 11/2023. TDMP
City of San Luis
Obispo Public
Works
Department.
Prado –
Complete
TDMP
ongoing
with each
phase
San Luis Ranch Project EIR
Mitigation Monitoring and Reporting Program (updated March 2024) 47 Mitigation Measure
Plan Requirements
and Timing
Monitoring Requirements and
Status
Responsible
Agency or Party
Compliance Verification
Initial Date Compliance
2. Develop a Travel Demand Management Plan consistent
with section 2.4.3 and to the satisfaction of the Public Works Director (Prior to Building Permits or Occupancy) completed and being
implemented with each phase
T-11(b). North of Prado & U.S. 101 Northbound Off Ramp
1. Pay Fair share costs and dedicate necessary ROW for
construction of the Prado Road Overpass & NB Ramps
(Timing & Amount of Fair Share Payments as
established in San Luis Ranch Development
Agreement).
2. Develop a Travel Demand Management Plan consistent
with section 2.4.3 and to the satisfaction of the Public Works Director (Prior to Building Permits or Occupancy) The developer shall pay fair
share mitigation fees in
accordance with a Cityadopted funding mechanism
consistent with the
Development Agreement.
TDMP to be established prior
to building permits or
occupancy.
City Public Works staff shall
confirm payment of applicable
fees, dedication of ROW, and
completion of TDMP.
Compliance Status:
ROW dedicated with Final Map.
Prado Fair Share payment
made 11/2023. TDMP
completed and being
implemented with each phase
City of San Luis
Obispo Public
Works
Department.
Prado –
Complete
TDMP
ongoing
with each
phase
T-11(c). North of Madonna & U.S. 101 Northbound Off
Ramp
1. Pay Fair share costs and dedicate necessary ROW for
construction of the Prado Road Overpass & NB Ramps
(Timing & Amount of Fair Share Payments as
established in San Luis Ranch Development
Agreement).
2. Develop a Travel Demand Management Plan consistent
with section 2.4.3 and to the satisfaction of the Public Works Director (Prior to Building Permits or Occupancy) The developer shall pay fair
share mitigation fees in
accordance with a Cityadopted funding mechanism
consistent with the
Development Agreement.
TDMP to be established prior
to building permits or
occupancy.
City Public Works staff shall
confirm payment of applicable
fees, dedication of ROW, and
completion of TDMP.
Compliance Status:
ROW dedicated with Final Map.
Prado Fair Share payment
made 11/2023. TDMP
completed and being
implemented with each phase.
City of San Luis
Obispo Public
Works
Department.
Prado –
Complete
TDMP
ongoing
with each
phase
071928\12553401v7 1
OPERATING MEMORANDUM NUMBER THREE
BETWEEN
THE CITY OF SAN LUIS OBISPO
AND MI SAN LUIS RANCH, LLC
The Development Agreement by and between the City of San Luis Obispo (the “City”) and MI San Luis Ranch LLC (“SLR”) dated as of on or about September 18, 2018, and which became effective on October 18, 2018 (the “Development Agreement”), provides in Section 9.03 of the Development Agreement that compliance with the requirements of the San Luis Ranch Specific Plan (the “Specific Plan”), the Conditions of Approval (the “Conditions of Approval”) for the San Luis Ranch Project (the “Project”), the conditions of approval for Vesting Tentative Tract Map.
No. 3096 (the “VTTM”), and provisions of the Development Agreement (collectively, the Specific Plan, the Conditions of Approval, the VTTM, and the Development Agreement may be referred to collectively as the “Project Approvals”) require a close degree of cooperation between the City and SLR and refinements and further development of the Project may demonstrate that clarifications are appropriate with respect to the details of performance. The Development Agreement further provides that if and when City and SLR agree that such clarifications are necessary or appropriate, they may implement such clarifications through operating memoranda approved by the City and SLR.
Capitalized terms used in this Operating Memorandum shall carry the same definitions as those set forth in the Development Agreement.
A. PURPOSE:
The purpose of this Operating Memorandum is to clarify how the Parties will implement the final funding of the Prado Overpass improvements, described in Exhibit C to the Development Agreement as the Prado Road/US 101 Interchange and North Bound Ramps (Exhibit C, Table 3, Item 4) and Prado Southbound Ramps (Exhibit C, Table 3, Item 5), collectively, the “Prado Overpass Improvements”). The final cost estimate for the Prado Overpass Improvements, as of the date of this Agreement, have been established at One Hundred One Million Four Hundred Eighty-Three Thousand One Hundred Dollars ($101,483,100.00) and SLR’s share of the Prado Overpass Improvements (the “Prado Road Interchange Mitigation Fee”) is Twenty-Eight Million Four Hundred Fifteen Thousand Two Hundred Sixty-Eight Dollars ($28,415,268.00) which is equal to 28% of $101,483,100.00.
Section 5.04.6 of the DA provides that SLR shall pay its portion of the Prado Road Interchange Mitigation Fee prior to the issuance of occupancy permits within the Specific Plan Area that generate a cumulative total of 233 PM Peak Hour Trips. The Parties acknowledge that the City has issued occupancy permits that exceed this threshold and that such action does not constitute a waiver by the City of any related breach or alleged breach of the Development Agreement by SLR, nor does such action constitute any waiver by the City of remedies for any breach of the Development Agreement, all of which are expressly acknowledged and reserved to the City.
The parties intend through this Operating Memorandum to confirm the final contribution amount from SLR for its share of the Prado Road Interchange Mitigation Fee and to document the method and timing for payment.
The City and SLR previously entered into Operating Memorandum No. 1, Operating Memorandum No. 2, Administrative Amendment No. 1, and Administrative Amendment No. 2, DocuSign Envelope ID: AB941829-9A76-4867-8215-80EA536B460C
071928\12553401v7 2
to address certain items with respect public improvements associated with the recordation of Final Subdivision Maps for the Project.
B. CLARIFICATIONS:
1) Prado Overpass improvements: The Parties acknowledge that the final cost for the Prado Road Overpass Improvements for purposes of the DA is One Hundred and One Million Four Hundred Eighty-Three Thousand One Hundred Dollars ($101,483,100.00), and SLR’s responsibility under the DA of this is Twenty-Eight Million, Four Hundred Fifteen Thousand Two Hundred Sixty-Eight Dollars ($28,415,268.00), which shall be satisfied as follows:
A. In Operating Memorandum No. 2, the City acknowledged and agreed that “SLR’s payment toward the Prado Interchange shall be reduced by Two Million Dollars ($2,000,000) in lieu and in full satisfaction of the City’s Two Million Dollar ($2,000,000) reimbursement obligations” for oversized or excess public infrastructure described in Operating Memorandum No. 2.
B. The City acknowledges and agrees that SLR is entitled to reimbursements for additional public infrastructure in the amount of Two Million Three Hundred Ninety-Six Thousand Five Hundred Fourteen Dollars and Fifty-Eight Cents ($2,396,514.58), which such amount shall be applied as a credit to SLR’s share of the Prado Road Interchange Mitigation Fee. These reimbursements include One Million Nine Hundred Fifty-Six Thousand Eight Hundred FortyEight Dollars and Twenty-Three Cents ($1,956,848.23) eligible for the LOVR/ Froom Intersection improvements and Four Hundred Thirty-Nine Thousand Six Hundred Sixty-Six Dollars and Thirty-Five Cents ($439,666.35) eligible for the Froom Ranch Way Widening infrastructure. Such amounts have been documented through contracts and cancelled checks provided to the City on November 9, 2023.
C. SLR shall remit to the City the sum of Fourteen Million One Hundred Twenty-One Thousand Seventy-Two Dollars and Seventy-Six Cents ($14,121,072.76) within five (5) business days of the mutual execution of this Operating Memorandum.
D. The Parties acknowledge and agree that the City is currently holding funds generated from the Project’s Community Facilities District (“CFD”) in the amount of Nine Million Eight Hundred Ninety-Seven Thousand Six Hundred Eighty Dollars and Sixty-Six Cents ($9,897,680.66). Pursuant to Section 11 of that certain Funding, Construction and Acquisition Agreement, dated as of October 20, 2020, between the City and SLR (the “Funding, Construction and Acquisition Agreement”), SLR hereby requests, and the City hereby agrees, to apply such amount as a credit toward SLR’s Prado Road Interchange Mitigation Fee. Upon application of such amount for such purpose, SLR agrees that it shall have no further right under the Funding, Construction and Acquisition Agreement or any other document to request disbursements, credits or reimbursements from the proceeds of the City of San Luis Obispo Community Facilities District No. 2019-1 (San Luis Ranch) Special Tax Bonds, Series 2021. SLR further agrees that the City may request the trustee establish such separate subaccounts as may be necessary or desirable to effectuate such application of proceeds.
E. Application pursuant to the Funding, Construction and Acquisition Agreement of the amount of Nine Million Eight Hundred Ninety-Seven Thousand Six Hundred Eighty Dollars and Sixty-Six Cents ($9,897,680.66), together with the remittance of Fourteen Million One Hundred Twenty-One Thousand Seventy-Two Dollars and Seventy-Six Cents ($14,121,072.76) DocuSign Envelope ID: AB941829-9A76-4867-8215-80EA536B460C