San Luis Obispo City Council
March 4, 2025

City of San Luis Obispo
2025 Sewer System Management Plan
30 problem. Crews and equipment are available to respond to any sanitary sewer overflow location within the City’s service area. Crews are dispatched to the site of a reported SSO immediately.

Additional staff are “on call” if extra support is required.

Notification, Crew Instructions & Work Orders
• Public Safety dispatchers that receive notification of SSOs shall contact the appropriate Wastewater Collection System staff member by phone as soon as possible regarding the sewer overflow location(s).
• Dispatchers shall ensure that the entire message has been received and acknowledged by staff who were dispatched. Staff dispatched to the site of a sewer overflow shall proceed immediately to the site of the overflow.
• Wastewater collection system staff will receive instructions from the Wastewater Collection System Supervisor (or designee) regarding appropriate crews, materials, supplies, and equipment needed.
• Response crews shall report their findings, including possible damage to private and public property, to the Wastewater Collection System Supervisor (or designee) immediately upon completing their investigation.
• The Wastewater Collection System Supervisor (or designee) will receive and convey to appropriate parties requests for additional personnel, material, supplies, and equipment from crews working at the site of a sewer overflow.
• The Wastewater Collection System Supervisor (or designee) is responsible for confirming that the overflow report was provided to the Regional Water Quality Control Board and County Environmental Health within the specified time.

Preliminary Damage Assessment
• Wastewater collection system staff shall use discretion in assisting the property owner/occupant as reasonably as they can. If damage to private property occurs, staff should seek approval of the property owner and contact the City’s insurance adjuster to assess any damages.
• Appropriate still photographs and video footage, if possible, shall be taken of the outdoor area of the sewer overflow and impacted area to thoroughly document the nature of the overflow and extent of impacts. Applicable photographs are to be forwarded for filing with the overflow report.

Coordination with Hazardous Material Response
• Upon arrival at the scene of a SSO, should a suspicious substance (e.g., oil sheen, foamy residue) be found on the ground surface, or should a suspicious odor (e.g., gasoline) be detected, Wastewater Collection System staff should immediately alert the City’s Fire Department. If safe to do so, staff shall stay at the site to await the arrival of the City’s Fire Department to take over the scene.
• Upon arrival of the City’s Fire Department, Wastewater collection system staff will take direction from the person with the lead authority of that team. Only when that authority determines it is safe and appropriate for the wastewater collection system staff to proceed may they proceed with the containment, clean-up activities and corrective actions required under the Sewer Emergency Response Plan.

City of San Luis Obispo
2025 Sewer System Management Plan
31 Overflow Correction, Containment, and Clean-Up
SSOs of various volumes occur from time to time
despite concerted prevention efforts. This section
describes specific actions performed by wastewater
collection system staff during a SSO. The
objectives of these actions are to:
• Protect public health, environment and property
from sewage overflows and restore
surrounding area back to normal as soon as
possible.
• Establish perimeters and control zones with
appropriate traffic cones and barricades,
vehicles or use of natural topography;
• Promptly notify the regulatory agency’s
communication center of preliminary overflow
information and potential impacts;
• Contain the sanitary sewer overflow, including preventing discharge of sewage into surface waters; and
• Minimize the City’s exposure to any regulatory agency penalties and fines.

Under most circumstances, the City’s wastewater collection system staff will handle all response actions with its own maintenance forces as they have the skills and experience to respond rapidly and in the most appropriate manner. Staff must ensure that the temporary actions necessary to divert flows and repair the problem do not produce a problem elsewhere in the system. For example, repair of a force main could require the temporary shutdown of a lift station and diversion of the flow at an upstream location. If the reconfiguration is not handled properly, wastewater collection system back-ups may create other overflows in the system.

In some circumstances, the City’s wastewater collection system staff may benefit from the support of private-sector contractor assistance. This may be true in the case of large diameter pipes buried to depths requiring sheet piling and dewatering should excavation be required. The City may also choose to use private contractors for open excavation operations that exceed one day to complete.

Staff Responsibilities Upon Arrival
It is the responsibility of the first personnel who arrive at the site of a SSO to protect the health and safety of the public by mitigating the impact of the overflow to the extent possible. Should the overflow not be the responsibility of the City, but there is imminent danger to public health, public or private property, or to the quality of surface waters, then emergency action should be taken until the responsible party assumes responsibility and takes action. Upon arrival at a SSO, the wastewater collection system staff shall:
• Determine the cause of the overflow, (e.g. sewer line blockage, sewer line break, pump station mechanical or electrical failure, etc.);
• Identify and request, if necessary, assistance or additional resources to correct the overflow or to assist in the determination of its cause;
Sanitary sewer overflow at maintenance cover, 2018.

City of San Luis Obispo
2025 Sewer System Management Plan
32 • Determine if private property is impacted. If this is the case, staff shall advise and consult with County Environmental Health staff;
• Take immediate steps to stop the overflow (e.g. relieve pipeline blockage, manually operate lift station controls, repair pipe, etc.). Extraordinary steps may be considered where overflows from private property threaten public health and safety (e.g., an overflow from private property into the public right-of-way); and
• Request additional personnel, materials, supplies, or equipment that will expedite and minimize the impact of the overflow.

Initial Measures for Containment
Following their preliminary assessment, wastewater collection system staff shall:
• Initiate measures to contain the overflow and, where possible, recover sewage which has already been discharged, minimizing impact to public health or the environment; • Determine the immediate destination of the overflow (e.g. storm drain, street curb gutter, creek, water body, etc.);
• Identify and request the necessary materials and equipment to contain or isolate the overflow, if not readily available; and
• Take immediate steps to contain the overflow (e.g., block or bag storm drains, recover through vacuum truck, divert into downstream maintenance cover, etc.).

Additional Measures Under Prolonged Overflow Conditions In the event of a prolonged sewer line blockage or sewer line collapse, wastewater collection system staff will determine requirements to set up a portable by-pass pumping operation around the obstruction.
• Appropriate measures shall be taken to determine the proper size and number of pumps required to effectively handle the sewage flow;
• Continuous or periodic monitoring of the by-pass pumping operation shall be implemented as required; and
• Regulatory agency issues shall be notified in conjunction with the emergency repairs.

Cleanup
Wastewater collection system staff will thoroughly clean the site after a SSO. No readily identified residue (e.g., sewage solids, papers, rags, plastics, rubber products) will remain. Clean up may include the following steps:
• Where practical, the area is to be thoroughly flushed and cleaned of any sewage or washdown water. Solids and debris are to be flushed, swept, raked, picked-up, and transported for proper disposal;
• The overflow site is to be secured to prevent contact by members of the public until the site has been thoroughly cleaned. If required, posting of public notifications should be undertaken pursuant to the City’s current public advisory procedures; • Where appropriate, the overflow site is to be disinfected and deodorized; • Where spilled sewage has resulted in ponding, the area should be pumped dry and the residue disposed of in accordance with applicable regulations and policies; • If a ponded area contains sewage which cannot be pumped dry, it may be treated with bleach. If sewage has discharged into a creek or other water body that may contain fish or

City of San Luis Obispo
2025 Sewer System Management Plan
33 other aquatic life, bleach or other appropriate disinfectant should not be applied, and the California Department of Fish & Wildlife should be contacted for specific instructions; and • Use of portable aerators may be required where complete recovery of sewage is not practical and where severe oxygen depletion in existing surface water is expected.

Regulatory Agency Notification
The City is required to report wastewater overflows and discharges consistent with the California Water Code and Health and Safety Code. Agency notification requirements vary depending on the quantity of sewage spilled and the location the spill reaches. Spills and corresponding requirements are categorized as follows:

CATEGORY 1 SSO:

Discharges of untreated or partially treated wastewater of any volume resulting from an Enrollee’s sanitary sewer system failure or flow condition that:
a. Reach surface water and/or reach a drainage channel tributary to a surface water; or
b. Reach a municipal separate storm sewer system and are not fully captured and returned to the sanitary sewer system or not otherwise captured and disposed of properly. Any volume of wastewater not recovered from the municipal separate storm sewer system is considered to have reached surface water unless the storm drain system discharges to a dedicated storm water or groundwater infiltration basin (e.g., infiltration pit, percolation pond); and c. Conduct water quality sampling within 48 hours after initial SSO notification for Category 1 SSO that exceed 50,000 gallons or greater to a surface water. (See Appendix E)
Notification: Within two hours of becoming aware of any Category 1 SSO greater than or equal to 1,000 gallons discharged to a surface water or spilled in a location where it probably will be discharged to surface water notify the California Office of Emergency Services (Cal OES) and obtain a notification number.

Reporting: Submit a draft report to California Integrated Water Quality System (CIWQS) within three business days of becoming aware of the SSO, and certify within 15 calendar days of the SSO date.

Technical
Report: Within 45 calendar days after the end date of any Category 1 SSO in which 50,000 gallons or greater are spilled to surface waters.

CATEGORY 2 SSO:

Discharges of untreated or partially treated wastewater of 1,000 gallons or greater resulting from an enrollee’s sanitary sewer system failure or flow condition that do not reach surface water, a drainage channel, or a municipal separate storm sewer system unless the entire SSO discharged to the storm drain system is fully recovered and disposed of properly.

Reporting: Submit draft report to CIWQS within three business days of becoming aware of the SSO and certify within 15 calendar days of the SSO and date.

City of San Luis Obispo
2025 Sewer System Management Plan
34 CATEGORY 3 SSO:

All other discharges of untreated or partially treated wastewater resulting from an Enrollee’s sanitary sewer system failure or overflow condition.

Reporting: Submit certified CIWQS report within 30 calendar days of the end of the month in which SSO occurred.

PRIVATE LATERAL SEWAGE DISCHARGE (PLSD):

Discharges of untreated or partially treated wastewater resulting from blockages or other problems within a privately-owned sewer lateral connected to the Enrollee’s sanitary sewer system or from other private sewer assets. PLSDs that the Enrollee becomes aware of may be voluntarily reported to the CIWQS SSO database.

NO SPILL CERTIFICATION:

Reporting: Certify (CIWQS) that no SSO’s occurred within 30 calendar days of the end of the month in which no SSO’s occurred.

The City’s Environmental Compliance staff has reported sewage spills to the Regional Water Quality Control Board and other agencies since 1988, and via CIWQS since 2007. The Utilities Department has developed a Sewage Spill Report form and Spill Reporting Guidelines for spills occurring during work hours and for those that occur after hours to mitigate the impacts associated with any SSO that occurs. A sample Sewage Spill Report is provided in Appendix D, and the City’s Spill Reporting Guidelines are summarized in Table 16.

Table 16: Regulatory Agency Contacts
California Office of Emergency Services (Cal OES): If the sewage spill is over 1,000 gallons or reaches waterway, call (800-852-7550) or (916-845-8911). Record case number for reference and report.

Regional Water Quality Control Board (RWQCB): If spill is over 1,000 gallons, reaches waterway, or occurred in area with likely public contact, call (805-549-3147 or 805-542-4638) as soon as possible. (Must be reported within two (2) hours of the time you have knowledge of the spill). Give the required spill information. If you leave a message, leave your name and call back number. A follow-up call within 24 hours of the spill must be made confirming that all required agencies have been notified within the two-hour timeframe. Written report must be submitted within five (5) days. All spills shall be appropriately reported by the City’s Wastewater Collection System Supervisor.

San Luis Obispo County Environmental Health: If spill is over 50 gallons, call (805-781-5544). Give the spill information and let them know that a written report will be sent via email ([email protected]) or fax (Fax: 805- 781-4211).

California Department of Fish and Wildlife; If spill reaches waterway, call the State’s main office (916-445- 0411) or business phone at (916-358-1300). Leave message with same information as above. Speak fast, or the machine will cut you off.

Proposition 65/County Board of Supervisors: If spill is a threat to the environment or human health, call the County’s Public Works Department at (805-781-5450). Provide the spill information and let them know that the written Sewage Spill Report will be sent via email ([email protected]).

City of San Luis Obispo
2025 Sewer System Management Plan
35 Source: City Utilities Department, Sewage Spill Reporting Guidelines, 2024.

Public Advisory Procedures
In consultation with San Luis Obispo County Environmental Health staff, wastewater collection system staff will post signs and place barricades, cones, traffic arrow board, and caution tape as needed to keep vehicles and pedestrians away from contact with spilled sewage. Creeks or drainage channels that have been contaminated as a result of an SSO should be posted at visible access locations until the risk of contamination has subsided to acceptable background levels. The warning signs, once posted, should be checked every day to ensure that they are still in place. Signs shall not be removed until directed by the Wastewater Collection System Supervisor. Major spills may warrant broader public notice such as placing door tag in the surrounding neighborhood. The approval of the Utilities Director , or their appointee, is required prior to contacting local media when significant areas may have been contaminated by sewage.

The City continues to work with San Luis Obispo County Environmental Health on public notification procedures following sanitary sewer overflows and will revise these procedures as necessary in the future to ensure public health and safety.

Failure Investigation
Following an SSO event, a failure investigation will be conducted to determine the cause of the SSO and to identify the corrective actions required to reduce or eliminate the potential for the SSO to reoccur. The investigation will include reviewing all relevant data to determine appropriate corrective actions for the sewer line segment or lift station. The investigation will be conducted by the Wastewater Collection System Supervisor. The investigation will include:
• Reviewing past maintenance records;
• Reviewing original construction plans and regulatory reports; • Reviewing available photographs;
• Conducting a CCTV inspection to determine the condition of the line segment immediately following the SSO, and reviewing the video and logs, and; • Interviewing staff who responded to the spill, as well as interviewing customers and residents.

The product of this investigation should be the determination of the cause of the SSO, and identification of corrective actions.

SSO Response Training
City personnel who may have a role in responding to, reporting, and/or mitigating a SSO will receive training on the contents of the City’s Sewer Emergency Response Plan (Plan). New employees receive training before they are placed in a position where they may have to respond.

Current employees receive annual refresher training on the City’s Plan and the overflow emergency response procedures.

Contractor personnel who may have a role in responding to, reporting to the City, and/or mitigating a wastewater collection system overflow receive training on the contents of the Plan.

City of San Luis Obispo
2025 Sewer System Management Plan
36 Records are kept of all training that is provided in support of the City’s Plan. The records for all scheduled training courses and for each overflow emergency response training event will include date, time, place, content, name of trainer, and names of attendees.

Section 7. Fats, Oils, & Grease Control Program
Applicable General Waste Discharge Requirements for the Fats, Oil and Grease Control Program section of the Sewer System Management Plan state that the City shall evaluate its service area to determine whether a FOG control program is needed. The FOG source control program shall include the following as appropriate:
(a) An implementation plan and schedule for a public education outreach program that promotes proper disposal of FOG;
(b) A plan and schedule for the disposal of FOG generated within the sanitary sewer system service area. This may include a list of acceptable disposal facilities and/or additional facilities needed to adequately dispose of FOG generated within a sanitary sewer system service area;
(c) The legal authority to prohibit discharges to the system and identify measures to prevent SSOs and blockages caused by FOG;
(d) Requirements to install grease removal devices (such as traps or interceptors), design standards for the grease removal devices, maintenance requirements, best management practices (BMP) requirements, record keeping and reporting requirements;
(e) Authority to inspect grease producing facilities, enforcement authorities, and determination of whether the collection system agency has sufficient staff to inspect and enforce the FOG ordinance;
(f) An identification of sewer system sections subject to FOG blockages and the establishment of a cleaning maintenance schedule for each section; and (g) Development and implementation of source control measures, for all sources of FOG discharged to the sewer system, for each sewer system section identified in (f) above.

7.1 Program Background
The City’s Environmental Programs section of the Wastewater Division permits and inspects grease and oil generating facilities to ensure control of discharges that may cause blockages. A Fats, Oil and Grease (FOG) Control Program has been in place in the San Luis Obispo since 1989. It includes discharger education on the control of fats, oil and grease, and specific guidelines facilities must follow. The program is implemented by the Water Quality Lab Manager, and the Environmental Compliance Inspectors. Over 250 food establishments have been issued Class II Industrial Discharge permits and are inspected annually as a part of this program as food establishments are the largest non-domestic contributors of FOG to the City’s wastewater collection system.

The City recently updated the FOG ordinance in 2024 to make it more robust and comprehensive. These updates can be seen in the San Luis Obispo Municipal Code (SLOMC) Sections 13.08.090 - 096. SLOMC 13.08.091 requires that a grease control device be installed in all commercial kitchens, restaurants, bakeries, and other food processing facilities to remove liquid wastes containing FOG. The grease control device must not only meet the California

City of San Luis Obispo
2025 Sewer System Management Plan
37 Uniform Plumbing Code, and be approved by the City’s Building Division, but it must also be sized according to a formula that takes into account
food type, quantity of meals served, and days
between cleaning. Improperly maintained grease
removal equipment allows FOG to pass through to
the wastewater collection system where it can
result in blockages and potential sewer overflows.

Wastewater collection system staff frequently clean
sewer lines, resulting in additional staff hours
required to remove FOG, which could have been
removed at the point of generation. The City’s
Water Resource Recovery Facility may also be
impacted by accumulated FOG, which can interfere
with treatment processes and subsequently result
in compliance challenges with the City’s (NPDES)
permit to discharge to San Luis Creek.

Environmental Programs staff conducts annual grease control device inspections at facilities with Class II Discharge Permits, referring to SLOMC 13.08.091 to document that each grease control device is maintained to prevent FOG from entering the City’s wastewater collection system. These permits allows facilities to discharge process wastewater to the sewer when permit limits are being met. Inspections are conducted using a standardized inspection form that addresses best management practices for the prevention of FOG discharges to the sewer.

Permit holders must maintain records of cleaning and maintenance of their grease control devices. Restaurant protocols that eliminate FOG from entering inside drains are considered, including employee training and documentation of grease control device servicing. Inspections are conducted more frequently in areas where excessive grease accumulation has been documented during preventive and area maintenance of the City’s wastewater collection system.

Additionally, less preventive maintenance and fewer SSOs caused by FOG allow the Utilities Department to focus resources on other required infrastructure work.

City Wastewater Collection System staff cleaning a sewer main using the Vac-con.

City of San Luis Obispo
2025 Sewer System Management Plan
38 7.2 Guidelines for the Control of Fats, Oil &
Grease
As part of the City’s FOG Control Program, food service establishments are provided the following guidelines as part of the annual inspection and issuance of a Class II Industrial Discharge permit:

General Measures
•Train all staff on best management practices related to FOG. Staff will be more willing to support an effort if they understand its basis. Trained staff will be more likely to implement best management practices and work to
reduce FOG discharges to the sewer.
•Post “No Grease” signs above sinks. Signs serve as a
constant reminder to staff of proper grease disposal
practices. Reduction of grease entering the drain
reduces the cleaning frequency of the grease removal
device. Signs are available in both English and Spanish to be more equitable and reach a broader group of
employees.

City “No Grease” signs
• “Dry wipe” pot, pans and kitchen equipment before cleaning. “Dry wiping” will reduce the amount of grease going into the grease removal devices and the sewer. This will reduce the cleaning frequency and maintenance costs for grease removal devices and reduce the amount of grease entering the drain.
• Use of absorbents, such as paper towels to pick up oil and grease spills prior to mopping.

This decreases the amount of grease entering the drain and protects sewers from grease blockages and overflows.

City inspector measuring FOG in a gravity grease interceptor.

City of San Luis Obispo
2025 Sewer System Management Plan
39 • Dispose of food waste as solid waste. Dispose of food waste to the organics trash bin. Solid waste disposal of food waste will reduce the frequency and cost of grease removal device cleaning.
• Use screens in sinks and floor drains to capture food waste and dispose of properly into the trash. Food waste can cause sewer lateral blockages. Proper disposal of food waste will protect laterals and sewer mains from blockages and overflows. • Collect and recycle waste cooking oil. Excess oil is prevented from entering the grease removal device and the sewer. This results in reducing the cleaning frequency of the grease removal device and less grease being sent to the sewer.

Grease Control Device Maintenance
• Complete grease control device maintenance log to document cleaning intervals.

Maintenance logs can help facilities determine if cleaning frequency of the grease removal device is sufficient. A proper cleaning frequency will result in less grease accumulating in the lateral, fewer blockages and less pass through to the sewer lines. • Clean grease control devices at a frequency that will prevent the accumulation of grease or pass through to the sewer. Routine cleaning of the grease removal device ensures efficient operations. Routine cleaning will prevent grease from passing through to the sewer lateral and from accumulating in the sewer mains. Minimum frequencies have been established with the updated FOG ordinance.
• Do not store anything on or around the grease removal device that will block access. Proper maintenance is easier to complete if access to the grease removal device is not obstructed.

Routine maintenance is more likely to be performed if the grease removal device is easily accessible.

Outdoor Housekeeping/Storm Water Best Management Practices • Clean floor mats and exhaust filters and other equipment inside, and into a drainage fixture that is connected to a grease control device, if possible. Cleaning greasy equipment outside is one of the most common sources of FOG in the City’s storm drains. Grease and food waste that is properly disposed of will not enter the storm drain where it will de-grade surface water quality.
• Sweep or mop outdoor surfaces. Sweeping and mopping outdoor surfaces will reduce nonstorm water runoff and will save water. Pressure washing or using water to clean outside may create water discharges that degrade receiving surface water quality. • Any water used to clean outside surfaces by contractors must be vacuumed and properly disposed of to the sewer. The City’s municipal code prohibits discharging or dumping any sewage, garbage, rubbish or otherwise polluted water to any storm drain or natural outlet. • Keep dumpster and trash can lids always closed. Additionally, keep the area around the dumpster/trash storage clear of trash, debris, and grease. Debris, trash, and grease may inadvertently be washed into the storm drain during the rainy season. Following these practices will prevent loose debris and trash from entering the storm drain, which may cause blockages and may enter the receiving surface waters.

7.3 FOG Program Education
Information on proper disposal of FOG and other SSO prevention measures, including private sewer lateral maintenance etc. is disseminated through brochures and articles on the City’s website. The City also practices routine personal outreach to business owners through the City’s Environmental Compliance Inspectors. These methods have proven to be very effective in conveying information on proper disposal of FOG, and SSO prevention methods to the public.

City of San Luis Obispo
2025 Sewer System Management Plan
40 All new permittees in the FOG Program are given a FOG brochure as part of their permit package.

City “No Grease” signs
Section 8: System Evaluation & Capacity Assurance
Plan
The General Waste Discharge Requirements for the System Evaluation and Capacity Assurance Plan section of the Sewer System Management Plan include that the City shall prepare and implement a Capital Improvement Plan (CIP) that will provide hydraulic capacity of key sanitary sewer system elements for dry weather peak flow conditions, as well as the appropriate design storm or wet weather event. At a minimum, the plan must include:
(a) Evaluation: Actions needed to evaluate those portions of the sanitary sewer system that are experiencing or contributing to an SSO discharge caused by hydraulic deficiency. The evaluation must provide estimates of peak flows (including flows from SSOs that escape from the system) associated with conditions similar to those causing overflow events, estimates of the capacity of key system components, hydraulic deficiencies (including components of the system with limiting capacity) and the major sources that contribute to the peak flows associated with overflow events.
(b) Design Criteria: Where design criteria do not exist or are deficient, undertake the evaluation identified in (a) above to establish appropriate design criteria. (c) Capacity Enhancement Measures: The steps needed to establish a short- and longterm CIP to address identified hydraulic deficiencies, including prioritization, alternatives analysis, and schedules. The CIP may include increases in pipe size, inflow and infiltration (I/I) reduction programs, increases and redundancy in pumping

City of San Luis Obispo
2025 Sewer System Management Plan
41 capacity, and storage facilities. CIP shall include an implementation schedule and shall identify sources of funding.
(d) Schedule: The City shall develop a schedule of completion dates for all portions of the capital improvement program developed in (a)-(c) above. This schedule shall be reviewed and updated consistent with the SSMP review and update requirements as described in Section D. 14 [of the GWDR].

8.1 Capacity Assessment & Enhancement
A critical function of a wastewater collection system is to provide adequate capacity to handle peak wet weather flows, which are associated with Infiltration and Intrusion (I&I). The purpose of a capacity assessment is to ensure that adequate capacity exists in all portions of the wastewater collection system, and that downstream portions that will receive wastewater from new connections that can handle the additional flow.

The City completed the Wastewater Collection Infrastructure Renewal Strategy project in 2016, which included a hydraulic model of the City’s wastewater collection system, and prioritization of system improvements and replacements. The model is updated annually and is used in capital planning for the City’s Financial Plan. In 2025, the City is finalizing and updating the Infrastructure Renewal Strategy, which will include updated capacity assessments, an updated system hydraulic model, and prioritized capital improvement projects which address the requirements forecasted in the City’s 2035 General Plan. Problem areas are prioritized and further refined on an ongoing basis for short- and long-term capital replacement using historical maintenance data. Table 16 includes data on improvements to the wastewater collection system, including both City infrastructure and new development. For that twenty-five-year period, 172,760 feet (over 32 miles) of sewer lines were installed or replaced.

Over the past 25 years the City has made significant progress in reducing sanitary sewer overflows and service interruptions with comprehensive maintenance activities and capital improvement projects in the system. Current data indicates that significant I&I still exists, and that additional improvements to both public and private sewer systems is required.

Table 17: Sewer Line Installations, 1999-2024
Year
Sewer Lines Installed
Capital Improvement Program
(in feet)
Sewer Lines Installed
New Development
(in feet)
1999 416 2,450
2000 269 822
2001 4,322 16,387
2002 158 6,870
2003 2,254 619
2004 1,313 0
2005 3,677 1,759
2006 3,614 502
2007 1,646 1,201
2008 1,613 2,920
2009 5,673 0
2010 923 0
2011 6,379 0
2012 6,851 0

City of San Luis Obispo
2025 Sewer System Management Plan
42 2013 1,303 2,503
2014 4,231 3,045
2015 7,307 4,023
2016 2,055 4,309
2017 1,588 7,808
2018 0 11,683
2019 3,717 6,891
2020 2,830 17,481
2021 5,488 7,148
2022 3,551 245
2023 638 178
2024 952 1,148
Total: 72,768 Ft 99,992 Ft
Average: 2,799 feet/year 3,846 feet/year Source: City Utilities Department, 2024.

8.2 Capital Improvement Program
Corresponding to the City’s two-year budget cycle, the
Utilities Department staff spends significant time updating and developing the corresponding capital improvement
program for the wastewater collection system. Identified objectives related to Wastewater Collection System
Improvements include:
• Replace aging, deteriorated deficient or otherwise
troublesome sewer infrastructure;
• Reduce periodic maintenance requirements;
• Reduce infiltration and inflow of storm water; and
• Provide uninterrupted sewage transmission
without health hazards, exfiltration, or spills.

Some of the City’s sewer lines are over 100 years old, and some do not have sufficient capacity.

Maintenance requirements increase dramatically as a pipeline approaches the end of its useful life. With an expected service life of fifty years, approximately two percent of the wastewater collection system must be replaced each year. In some cases, pipelines can be rehabilitated without digging them up. Trenchless methods of sewer rehabilitation are utilized whenever it is economically feasible or necessitated by environmental conditions.

Wastewater collection system capital improvement projects included in the City’s Capital Improvement Financial Plan, for 2025 through 2027, are provided in Appendix F. Long term capital planning in completed annually, with a ten-year look ahead. As shown in Table 7, much of the City’s wastewater collection system is on a preventive maintenance schedule. Proposed projects involve the replacement of sewer mains and related facilities that are approaching capacity. Modern materials and better pipe joints result in a significant reduction in root intrusion and I&I. When these older sewer lines are replaced, the lines will be placed on routine area maintenance.

City of San Luis Obispo
2025 Sewer System Management Plan
43 8.3 Private Sewer Laterals
A study conducted in the early 1990s found that private sewer laterals connected to the City’s wastewater collection system contribute to significant I&I problems. The study’s findings indicated that failures were mostly due to pipe construction materials, such as use of Orangeburg pipe, or joint failure in vitrified clay pipe (VCP). Due to I&I problems and the availability of modern materials such as PVC, the City’s standard changed during the 1980s prohibit the use of Orangeburg pipe for private sewer laterals. Since then, the City has also prohibited the use of VCP, Cast Iron, and Orangeburg pipe allowing only HDPE, PVC, and ABS pipe for new construction.

The City’s Voluntary Sewer Lateral Rehabilitation Program was first established in July 1997, with the City beginning to accept applications for video inspections of private laterals in September of that year. After a temporary suspension from 2004 to 2007 due to limited funding, the program was reinstated in July 2007.

Between 2007 and 2011, 211 residential service laterals were replaced. The program was designed to provide mutual benefits for both the City and homeowners. Homeowners received
construction permits, technical assistance, and a rebate covering half the cost of replacement or repair, up to a maximum of $1,000 per property. For the City, the rehabilitated laterals helped reduce I&I into the municipal wastewater collection system, resulting in lower wastewater treatment costs and delaying the need for expansion of the City’s WRRF to accommodate increased
capacity. The Voluntary Service Lateral Rehabilitation Program was discontinued in at the end of the 2010-11 fiscal year.

In 2019, City Council adopted an updated Sewer Lateral
Program, which included a updated reimbursement initiative, an inspection requirement upon property sale, and a Sewer lateral Offset Program. These programs were designed to reduce inflow and infiltration (I&I) from sewer laterals in poor condition and provide homeowners with financial assistance when replacement is required. Table 18 displays the total number of sewer lateral replacements completed between 2017-24. The reimbursement program offers homeowners financial assistance in replacing sewer laterals. Homeowners in non-capacity-constrained areas were eligible for a $2,000 rebate, while those in capacityconstrained areas received $3,000. In 2024, the City Council approved an increased rebate amount $4,000 for all qualified applicants.

The Inspection Upon Sale Program requires that a property’s sewer lateral be inspected prior to the sale of a property, ensuring that the buyer is aware of the sewer lateral condition. This also updates the City’s database of private sewer infrastructure, which is critical for planning and enforcement investigations. As of 2025, the City has mapped approximately 50 percent of the private sewer lateral systems, primarily through the requirements of this program. Additionally, a Private Sewer Lateral Offset program requires properties within capacity-constrained areas to replace an off-site property’s sewer lateral when expanding their sewer generation through certain development conditions, including home renovations, expansions, and new development. In 2024, the City modified municipal code requirements for single family homeowners to allow the replacement of their own defective sewer lateral to qualify as required the sewer offset. As of March 2025, these programs are still in effect, providing valuable Table 18: Service Lateral
Replacements
Year Service Lateral
Replacements
2017 64
2018 82
2019 94
2020 138
2021 153
2022 118
2023 100
2024 110
Total: 859
Source: City Utilities Department, 2024.

City of San Luis Obispo
2025 Sewer System Management Plan
44 assistance to homeowners and enhancing the overall ability of the City to maintain its wastewater collection system while limiting SSOs.

City of San Luis Obispo
2025 Sewer System Management Plan
45 Section 9. Monitoring, Measurement & Program
Modifications
The General Waste Discharge Requirements for the Monitoring, Measurement, and Program Modifications section of the Sewer System Management Plan state that the City shall:
(a) Maintain relevant information that can be used to establish and prioritize appropriate SSMP activities;
(b) Monitor the implementation and, where appropriate, measure the effectiveness of each element of the SSMP;
(c) Assess the success of the preventative maintenance program; (d) Update program elements, as appropriate, based on monitoring or performance evaluations; and
(e) Identify and illustrate SSO trends, including: frequency, location, and volume.

9.1 Performance Measures
The indicators that the City uses to measure the performance of its wastewater collection system and the effectiveness of its SSMP are:
• SSO Rate (SSOs/100 miles/year);
• Number of SSOs for each cause (roots, grease, debris, pipe failure, capacity, lift station failures, etc.);
• Average SSO volume (gallons);
• Percentage of SSOs greater than 100 gallons;
• Percentage of SSOs reported as Category 1;
• Percentage of sewage contained compared to total volume spilled; and • Percentage of total spilled sewage discharged to surface water.

9.2 Historical and Baseline Performance
The City maintains information relevant to the performance of its wastewater collection system in its local database, and within CIWQS, which is shown in Table 19. The City has reported SSOs using CIWQS since 2007. Geospatial and trend analysis is conducted annually, or as additional data becomes available.

Table 19: Historic Data on Sanitary Sewer Overflows 2015-2024 Year # of SSOs SSO Cause Average Volume
Spilled
Volume Spilled
Discharged
to Surface Water
Future Prevention
2015 12
Roots
Debris
Structural
Failure
568 1,650
Changed preventive
maintenance frequency,
and completed point repairs
2016 7
Roots
Debris
Capacity
Exceeded
Design
2,069 13,955 Changed preventive
maintenance frequency

City of San Luis Obispo
2025 Sewer System Management Plan
46 2017 10
Roots
Grease
Structural
Failure
Capacity
Exceeded
Design
8,476 84,710
Changed preventive
maintenance frequency
Exploring Lateral Program
to reduce I/I
2018 6
Roots
Grease
Debris
478 2,500 Changed preventive
maintenance frequency
2019 6
Roots
Grease
Debris
3,691 22,150
Changed preventive
maintenance frequency,
and completed point repairs
2020 7
Roots
Grease
Debris
4,853 33,587
Changed preventive
maintenance frequency,
and completed point repairs
2021 10
Roots
Grease
Debris
956 7,789
Changed preventive
maintenance frequency,
and completed point repairs
2022 13
Roots
Grease
Debris
Construction
error
8,603 107,551
Changed preventive
maintenance frequency and
completed point repairs.

Debrief with contractor and
additional training before
project kickoffs.
2023 4
Roots
Grease
Debris
75 0
Changed preventive
maintenance frequency,
and completed point repairs
2024 1 1 Debris 911 911 Changed preventive
maintenance frequency
Source: California Integrated Water Quality System (CIWQS), 2024.

9.3 Performance Monitoring and Program Changes
The City evaluates the performance of its wastewater collection system annually using the performance measures identified above. The City will update the data and analysis in this section during annual evaluations. The City may use other performance measures in its evaluation. The City will prioritize its actions and initiate changes to this SSMP, and the related programs, based on the results of the evaluation.

9.4 SSMP Updates
The City first adopted its SSMP in 2009, updated it in 2014, 2019, and 2025, to reflect current GWDR requirements, standard operating procedures, data, and inventories. The City will update its SSMP at least every five years. The City will determine the need to update its SSMP more frequently based on the results of the semi-annual audits and the performance of its sanitary sewer system. If the City decides that an update is warranted, the process to complete the update will be identified at that time. The City will complete the update within one year following identification of the need for the update.

City staff will seek approval from the City Council for any significant changes to the SSMP. The authority for approval of minor changes such as employee names, contact information, or minor procedural changes is delegated to the Utilities Director.

City of San Luis Obispo
2025 Sewer System Management Plan
47 The City will certify that it has completed the biennial audit using CIWQS. Copies of the current SSMP document will be available to all interested parties at the City, Utilities Department (Administration Office), 879 Morro Street, during normal business hours.

Section 10: Program Audits
The GWDR requirements for Program Audits section of the Sewer System Management Plan states that the Enrollee shall:
a) Conduct periodic internal audits, appropriate to the size of the system and the number of SSOs. At a minimum, these audits must occur every two years and a report must be prepared and kept on file. This audit shall focus on evaluating the effectiveness of the SSMP and the City’s compliance with the SSMP requirements identified in this subsection (D.13 [of the GWDR]), including identification of any deficiencies in the SSMP and steps to correct them.

This section outlines the auditing method that the City will follow to evaluate the effectiveness of the SSMP to identify updates that may be needed for a more effective program.

The City will audit its implementation and compliance with the provisions of this SSMP no less than once every three years. The audit will be conducted by staff from the Utilities Department, with final review from the Wastewater Collection System Supervisor. The audit team may include staff from other programs in the City as needed. The scope of the audit will cover each of the major sections of the SSMP. An Audit Checklist, based on the requirements in the GWDR, is included in Table 20.

The results of the audit, including the identification of any deficiencies and the steps taken or planned to correct them, will be included in the SSMP Audit Report. The SSMP Audit Report will focus on the effectiveness of the SSMP program, compliance with the GWDR requirements, and identification of any deficiencies in the SSMP. The SSMP Audit Report will identify revisions that may be needed for a more effective program. Information collected as part of Section 9 (Monitoring, Measurement, and Program Modifications) will be used in preparing the audit.

Tables, figures or charts will be used to summarize information related to key performance indicators. Completed audits are kept on file on the City’s servers and on CIWQS for periodic review and assessment.

City of San Luis Obispo
2025 Sewer System Management Plan
48 Table 20: SSMP Audit Checklist
Audit Date:

Audit Team Members:

Section/Title SSMP Requirement Audit Yes No

1. Goals Reduce, prevent, and mitigate spills Are the goals stated in the SSMP still appropriate and accurate?

2. Organization
- Names of City staff responsible for
development, implementation, and
maintenance of SSMP
- Names and phone numbers for
key City staff
- Chain of communication for
reporting SSOs
- Designate LRO(s)
-Chain of communication for
reporting SSOs
A. Is the City Staff telephone list current?
B. Is the SSO Chain of Communication
telephone list current?
C. Is Figure 2-1 of the SSMP, entitled
“Organization of City Staff Responsible for
Sewer System,” current?
D. Are the position descriptions accurate
portrayals of staff responsibilities?
E. Is Figure 2-2 of the SSMP, entitled “SSO
Reporting Chain of Communication” accurate
and up-to-date?

3. Legal
Authority
-Ability to require sewers and
connections be properly designed
and constructed
-Ability to ensure access for
inspection, maintenance, and
repairs (includes public portion of
lateral)
-Ability to limit discharge of FOG
and debris that may cause
blockages
-Ability to require the installation of
grease removal devices
-Ability to inspect FOG producing
facilities
-Ability to enforce violations of the
City’s sewer ordinances
Does the SSMP contain references to the
current City Ordinance(s) documenting the
City’s legal authority to:

A. Prevent illicit discharges?
B. Require proper design and construction of
sewers and connections?
C. Ensure access for maintenance, inspection
or repairs for portions of the laterals owned or
maintained by the district?
D. Limit discharges of fats, oils and grease?
E. Enforce any violation of its sewer
ordinance?

4. Operation &
Maintenance
-Describe routine preventive
maintenance program
-Document completed preventive
maintenance using work order
system
-Rehabilitation and replacement
plan that identifies and prioritizes
sanitary sewer system facilities
-CIP showing the schedule for
rehabilitation and replacement
projects
-Provide regular technical training
for City sanitary sewer system staff
-Require contractors to provide
training for their employees who
work in the Agency’s sanitary sewer
system facilities
-Maintain equipment inventory
-Maintain critical spare part
inventory
Collection System Maps
A. Does the SSMP reference the current
process and procedures for maintaining the
City’s sewer collection system maps?
B. Are the City’s sewer collection system maps
complete, current and sufficiently detailed?
Resources and Budget
C. Does the City allocate sufficient funds for
the effective operation, maintenance and
repair of the sewer collection system and is
the current budget structure documented in
the SSMP?
Prioritized Preventative Maintenance
D. Does the SSMP describe current
preventative maintenance activities?
E. Are the City’s preventative maintenance
activities sufficient and effective in minimizing
SSOs and blockages?
Scheduled Inspections and Condition
Assessments
F. Is there an ongoing condition assessment
program sufficient to develop a capital
improvement plan addressing the proper
management and protection of infrastructure

City of San Luis Obispo
2025 Sewer System Management Plan
49 Section/Title SSMP Requirement Audit Yes No
assets? Are current components of this
program documented in the SSMP?
Contingency Equipment and Replacement
Inventory
G. Does the SSMP list the major equipment
currently used in the operation and
maintenance of the collection system and
document the procedures of inventory
management?
H. Are contingency equipment and
replacement parts sufficient to respond to
emergencies and properly conduct regular
maintenance?
Training
I. Are the training records current?
J. Does the SSMP document current training
expectations and programs within the district’s
Wastewater department?
Outreach to Plumbers and Building
Contractors
K. Does the SSMP document contain current
outreach efforts to plumbers and building
contractors?

5. Design &
Performance
Provisions
-Design and construction standards
for new sanitary sewer system
facilities
-Design and construction standards
for repair / rehabilitation of existing
sanitary sewer system facilities
-Procedures for the inspection and
acceptance of sanitary sewer
system facilities
A. Does the SSMP contain current design and
construction standards for the installation of
new sanitary sewer systems and for the
rehabilitation and repair of existing sanitary
sewer systems?
B. Does the SSMP document contain current
procedures and standards for inspecting and
testing the installation of new sewers, pumps
and other appurtenances and the rehabilitation
and repair of existing sewer lines?

6.spill
Emergency
Response Plan
-Procedures for the notification of
primary responders
-Procedures for the notification of
regulatory agencies
-Program to ensure appropriate
response to all SSOs
-Proper reporting of all SSOs
-Procedure to ensure staff are
aware of, are trained, and follow
Plan
-Procedure to ensure contractor
personnel are aware of, are trained,
and follow Plan
-Procedures to address emergency
operations such as traffic and
crowd control
-Program to prevent the discharge
of sewage to surface waters
-Program to minimize or correct the
impacts of any SSOs that occur
-Program of accelerated monitoring
to determine the impacts of any
SSOs that occur
A. Does the City’s SSO Overflow and
Emergency Response Plan establish
procedures for the emergency response,
notification and reporting of SSOs?
B. Is wastewater staff appropriately trained on
the procedures of the SSO Overflow and
Emergency Response Plan?
C. Is the SSO Overflow and Emergency
Response Plan effective in handling SSOs in
order to safeguard public health and the
environment?

7. FOG Control
Program
-Public outreach program that
promotes the proper disposal of
FOG
A. Does the FOG Control Program include
efforts to educate the public on the proper
handling and disposal of FOG?
B. Does the FOG Control Program identify
sections of the collection system subject to
FOG blockages, establish a cleaning schedule

City of San Luis Obispo
2025 Sewer System Management Plan
50 Section/Title SSMP Requirement Audit Yes No
-Plan for the disposal of FOG
generated within the Agency’s
service area
-Demonstrate that the Agency has
allocated adequate resources for
FOG control program
-Identification of sanitary sewer
system facilities that have FOGrelated problems
-Program of preventive
maintenance for sanitary sewer
system facilities that have FOGrelated problems
and address source control measures to
minimize these blockages?
C. Are requirements for grease removal
devices, best management practices (“BMP”),
record-keeping and reporting established in
the
district’s FOG Control Program?
D. Does the City have sufficient legal authority
to implement and enforce the FOG Control
Program?
E. Is the current FOG Control Program
effective in minimizing blockages of sewer
lines resulting from discharges of FOG to the
system?

8. System
Evaluation &
Capacity
Assurance Plan
-Identification of elements of the
sanitary sewer system that
experience or contribute to SSOs
caused by hydraulic deficiencies
-Established design criteria that
provide adequate capacity
-Short and long term CIP that
includes schedules for projects to
addresses known hydraulic
deficiencies
-Procedures that provide for the
analysis, evaluation, and
prioritization of hydraulic
deficiencies
A. Does the City’s SSMP evaluate hydraulic
deficiencies in the system and, if needed,
establish sufficient design criteria and
short/long term capacity enhancement and
improvement projects?
B. If needed, does the City’s SSMP establish a
schedule of approximate completion dates for
both short and long-term improvements and is
the schedule reviewed and updated to reflect
current budgetary capabilities and activity
accomplishment?

9. Monitoring,
Measurement &
Program
Modifications
-Maintain relevant information to
establish, evaluate, and prioritize
SSMP activities
-Monitor implementation of the
SSMP
Measure, where appropriate, the
performance of the elements of the
SSMP
- Assess success of the preventive
maintenance program
-Update SSMP program elements
based on monitoring or
performance
-Identify and illustrate SSO trends
A. Does the SSMP accurately portray the
methods of tracking and reporting selected
performance indicators?
B. Is the City able to sufficiently evaluate the
effectiveness of SSMP elements based on
relevant information?

10. SSMP
Program Audits
- Conduct audits at least every 2
years
- Record the results of the audit in a
report
- Record the changes made and/or
corrective actions taken
A. Will the SSMP Audit be conducted every
two years as required by WQ 2022-0103-
DWQ?

11. Communication
Program
- Communicate with the public
regarding the preparation of the
SSMP
- Communicate with the public
regarding the performance of the
SSMP
- Communicate with tributary or
satellite sewer systems
A. Does the City effectively communicate with
the public about the development and
implementation of its SSMP and continue to
address any feedback?

City of San Luis Obispo
2025 Sewer System Management Plan
51 Section 11. Communication Program
The GWDR requirements for the Communication Program section of the Sewer System Management Plan state that the Enrollee shall:
(a) Communicate on a regular basis with the public on the development, implementation, and performance of its SSMP. The communication system shall provide the public the opportunity to provide input to the Agency as the program is developed and implemented.
(b) Create a plan of communication with systems that are tributary and/or satellite to the Agency’s sanitary sewer system.

11.1 Communication with the Public
The Utilities Department website contains information and contact numbers for the Wastewater Collection System and Environmental Program section’s staff. As described in this Plan, the City reports SSOs electronically to the California Integrated Water Quality System (CIWQS). The electronic SSO data, as well as information regarding regulatory actions, is available at:
http://www.waterboards.ca.gov/water_issues/programs/ciwqs/publicreports.shtml.

The Utilities Department’s conducts frequent outreach, seeking to obtain input from public stakeholders. One example of this outreach includes participation in routine “Developer’s Roundtable” (Roundtable) events in partnership with the City’s Community Development Department staff. At the Roundtable, staff present policy updates and hear challenges and ideas from the development community. Another example is routine participation in a Thursday night farmer’s market booth, where the public can ask questions, and educational materials are distributed. One additional example of public outreach and communication with the public is ongoing participation at local Realtor’s Association meetings to discuss program requirements, available rebates, and to educate potential homeowners on maintenance and risks associated with their private sewer lateral system.

The adopted SSMP document is available to the public at the City, Utilities Department (Administration Office) at 879 Morro Street during normal business hours or on the City’s website at:
https://www.slocity.org/government/department-directory/utilitiesdepartment/wastewater/wastewater-collections/sewer-system-operations-and-maintenance.

Interested parties can contact the Utilities Department for additional information at 805-781- 7215.

City of San Luis Obispo
2025 Sewer System Management Plan
52 Appendix A:Sample CCTV Inspection Report

City of San Luis Obispo
2025 Sewer System Management Plan
53 Appendix B: California Water Environment
Association (CWEA) Certification Requirements
The California Water Environment Association’s (CWEA’s) certification requirements are available on the CWEA website at the link below:
https://www.cwea.org/certification/

City of San Luis Obispo
2025 Sewer System Management Plan
54 Appendix C: Sanitary Sewer Overflow (SSO)
Reporting Guidelines
Standard Operating Procedure (WWC)
Sanitary Sewer Overflow (SSO) Reporting Guidelines
Always have the following information ready to give any agency: Location (include lane, court, way, etc.), date, time and size of spill, whether it reached a creek or storm drain, name of creek, property owner, type of cleanup performed, and description of cause.

Category 1: GREATER THAN 1,000 GALLONS OR REACHES WATERWAY/STORM

DRAIN OR TRIBUTARY TO A SURFACE WATER
Conduct water quality sampling within 18 hours after initial SSO notification for Category 1 SSO’s that exceed 50,000 gallons to a surface water. (See Water Quality Monitoring Requirements, SSMP, Appendix E)
Category 2: GREATER THAN OR EQUAL TO 1,000 GALLONS THAT DOES NOT REACH A SURFACE WATER, A DRAINAGE CHANNEL OR THE MS4 THAT IS NOT FULLY RECOVERED.

1. During Normal Business Hours: Contact the Wastewater Collection System Supervisor, or designeefrom Wastewater Collection System staff. Wastewater Collection System staff will contact the proper agencies.

2. After Hours or on Weekend: contact the following agencies:
a. California Office of Emergency Services (Cal OES): (800-852-7550) or (916- 845-8911).

Call as soon as possible, but no later than two (2) hours after becoming aware of the discharge. Be sure to get the name of the person you talked to and Cal OES control #. See attachment E1, 1.2 for required information to give to Cal-OES. b. San Luis Obispo County Sheriff Department: (781-4550). Call as soon as possible, but no later than two (2) hours after becoming aware of the discharge. Tell them that there has been a SSO and request they contact the on-call person from the County Environmental Health Department.
c. Regional Water Quality Control Board (RWQCB): (805) 549-3706) Sarah Crable. Call as soon as possible, but no later than two (2) hours after becoming aware of the discharge.

Leave detailed message with spill information and contact number. Backup Contact for a Significant Spill - NPDES Program Manager Arwen Wyatt-Mair, 805-542-4695, [email protected]
d. Department of Fish and Wildlife: (831-649-2870) 24-hour dispatch. Regardless of the size, if any amount of wastewater reaches a creek. Call as soon as possible, but no later than two (2) hours after becoming aware of the discharge. Be sure to get the name of the person you talked to at dispatch.
e. San Miguelito Mutual Water Company (SM): (805-595-2348). Regardless of the size, if any amount of wastewater reaches a creek. Call as soon as possible, but no later than two (2) hours after becoming aware of the discharge. Select #4 (pound 4) “To be

City of San Luis Obispo
2025 Sewer System Management Plan
55 connected to our emergency call service” and leave detailed message with spill information and contact number.

Complete City’s spill report form and email to Environmental Programs staff ASAP. If no one is present when the report is emailed, contact the Wastewater Deputy Director. Follow up with a Microsoft Teams post with current status, photos and relevant information.

Category 3: ALL OTHER DISCHARGES OF UNTREATED OR PARTIALLY TREATED WASTEWATER RESULTING OF A SANITARY SEWER SYSTEM FAILURE.

1. During normal business hours: Contact the Wastewater Collection System Supervisor, or designee, from Wastewater Collection System staff. Wastewater Collection System staff will contact the proper agencies.

2. After hours or on a weekend: Contact the San Luis Obispo County Sheriff Department:
(805-781-4550) tell them that there has been a discharge of wastewater and request they contact the on-call person from the County Environmental Health Department. Complete the City’s spill report and email to Environmental Programs staff ASAP.

SSO LESS THAN 50 GALLONS:

Complete the City’s spill report and email to Environmental Programs ASAP. Follow up with a Microsoft Teams post with current status, photos and relevant information.

WRITTEN AND ORAL REPORTING REQUIREMENTS
Contact the following agencies:
a. Cal OES: If spill is over 1000 gallons or reaches waterway, call (800-852-7550) or (916-845- 8911). Record case number for reference and report.
b. RWQCB: If spill is over 1000 gallons, reaches waterway, or occurred in area with likely public contact, call ((805) 549-3706) Sarah Crable, as soon as possible (Must be reported within two (2) hours of the time you have knowledge of the spill). Provide the required spill information. If you leave a message, leave your name and call back number. Written report must be submitted within five (5) days. Spills that meet CIWQS criteria shall be reported by the Wastewater Collection System Supervisor, or an alternate LRO, within three days. c. SLO County Environmental Health: If spill is over 50 gallons, call (805-781-5544). Give the spill information and let them know that the written report will be sent via email ([email protected]) or fax (Fax: 805-781-4211).
d. California Department of Fish and Wildlife : (831-649-2870) 24 hour dispatch. Regardless of the size, if any amount of wastewater reaches a creek. Call as soon as possible, but no later than two (2) hours after becoming aware of the discharge. Be sure to get the name of the person you talked to at dispatch.
e. Proposition 65/County Board of Supervisors: If spill is a threat to the environment or human health, call the Public Works Dept. at (805-781-5252). Give the spill information and let them know that the written report will be sent via email ([email protected]) or fax (Fax: 805-781-1229).

City of San Luis Obispo
2025 Sewer System Management Plan
56 Appendix D: Sample Sewer Spill Report
Reporting Party: Phone:

Caller Name: Phone:

Date of Call: Time:

Spill Location ID: Spill Location Address:

Longitude: Latitude:

1. Spill Start Time Information
Caller Interview
Is sewage actively spilling? ☐ Yes ☐ No
If yes, from: ☐ Maintenance cover/Street
☐ Private Property/Cleanout
☐ Wet Well
☐ Inside Building
☐ Other
Spill Start Date: Time:

WWC Notified Date: Time:

WWC Arrival Date: Time:

Spill End Date: Time:

Spill Duration Hrs: Min:

Comments:

Description of Spill
Sanitary Sewer Overflow

SPILL REPORT

City of San Luis Obispo
2025 Sewer System Management Plan
57 Comments:

2. Spill Responder
Include all available details (use attachments if needed) – submit follow-up written reports as necessary.

STOP! Take pictures of overflow at this time.

Names of responders and arrival time (list all):

3. Spill Estimation
Estimated spill volume that reached a separate storm drain that flows to a surface water body:

Estimated spill volume recovered from the separate storm drain that flows to a surface water body: (Do not include water used for clean-up)
Estimated spill volume that directly reached a drainage channel that flows to a surface water body:

Estimated spill volume recovered from a drainage channel that flows to a surface water body:

Estimated spill volume discharged directly to a surface water body:

Estimated spill volume recovered from surface water body:

Estimated spill volume discharged to land:
(Includes backups to building structures)
Estimated spill volume recovered from the discharge to land:
(Do not include water used for clean-up)
Estimated spill start time/date:

Spill observed from: Maintenance cover ID: Lift Station ID:

4. Spill Location

City of San Luis Obispo
2025 Sewer System Management Plan
58 Cleanout address:

Comments:

Building address:

Comments:

Spill destination:
(Check all that apply)
☐ Building
☐ Storm System
☐ Unpaved Surface
☐ Paved Surface
☐ Street
☐ Curb
☐ Other
__________________
Did spill reach: ☐ Creek/Channel ☐ Storm Drain
If yes, creek name or storm drain location:

Does spill appear to be over 1000 gallons? ☐ Yes ☐ No
Time discovered spill entered waterway:

IF SPILL REACHED A CREEK, CHANNEL, OR STORM DRAIN,
THIS IS A CATEGORY 1 SPILL UNLESS FULLY CAPTURED/RETURNED.

Spill Category determined to be:
(See Page 7 for category descriptions)
☐
Category 1
☐
Category 2
☐
Category 3
☐
Category 4
☐
Private Lateral

5. Downstream
Maintenance cover
☐ No flow in channel ☐ Trickle flow in
channel
Depth of Flow in Channel:

Inches

6. Spill Containment

City of San Luis Obispo
2025 Sewer System Management Plan
59 Containment implemented: ☐ Yes ☐ No
Containment measures:

7. Cleanup
Time cleanup began: Completed:

Gallons retrieved:

Describe cleanup operations:

Were public health warnings posted? ☐ Yes ☐ No
If yes, location(s) posted:

City of San Luis Obispo
2025 Sewer System Management Plan
60 8. Cause of Spill
Failure at:
☐ Mainline
☐ Upper lateral
☐ Lift station wet well
☐ Lower Lateral
☐ Force Main
☐ Other: _______________
Spill cause:
☐ Roots
☐ Debris
☐ Capacity
☐ Lift Station Failure
☐ Grease
☐ Vandalism
☐ Capacity
☐ Other: _______________
Was spill cause determined by CCTV inspection? ☐ Yes ☐ No If yes, attach TV Report to this form
Any overflows in the last 3 years in the same location? ☐ Yes ☐ No If yes, how many?
Measures taken to prevent future overflows in this location:

City of San Luis Obispo
2025 Sewer System Management Plan
61 Reporting
Report to Cal-EMA Phone: (800) 852-7550 or
(916) 845-8911
Date Called: Time Called:

Control Number provided by Cal-EMA:

Name of Person Contacted: Or Left Message:

Report to RWQCB Phone: (805) 549-3706
Date Called: Time Called:

Name of Person Contacted: Sarah Crable Or Left Message:

Report to SLO County Sheriff (On-Call Person
for County Environmental Health Dept): Phone: (805) 781-4550 Date Called: Time Called:

Name of Person Contacted: Or Left Message:

Report to County Department
of Environmental Health Phone: (805) 781-5544
Date Called: Time Called:

Name of Person Contacted: Or Left Message:

Report to San Miguelito (only if spill
reached SLO Creek): Phone: (805) 595-2348 opt 4
Date Called: Time Called:

Name of Person Contacted: Or Left Message:

Report to County Board of Supervisors: Email: [email protected] Date Emailed: Time Emailed:

City of San Luis Obispo
2025 Sewer System Management Plan
62 Spill Categories and Definitions
Category 1
Discharges of untreated or partially untreated wastewater of any volume resulting from an enrollee’s sanitary sewer system failure or flow condition that:
• Reach surface water and/or reach a drainage channel
tributary to a surface water; or
• Reach a Municipal Separate Storm Sewer System
(MS4) and are not fully captured and returned to the
sanitary sewer system or not otherwise captured and
disposed of properly.
• Any volume of wastewater not recovered from the MS4
is considered to have reached surface water (unless
the storm drain system discharges to
Notify CalOES, RWQCB, and County Environmental Health
within 2 hours of the spill being discovered.

Category 2
Discharges of untreated or partially treated wastewater of 1,000 gallons or greater resulting from an enrollee’s sanitary sewer system failure or flow condition that do not reach surface water, a drainage channel, or a MS4 unless the entire SSO discharged to the storm drain system is fully recovered and disposed of properly.

Notify CalOES, RWQCB, and County Environmental Health
within 2 hours of the spill being discovered.

Category 3
All other discharges of untreated or partially treated
wastewater resulting from an enrollee’s sanitary sewer system failure or flow condition.

Category 4
All other discharges of untreated or partially treated
wastewater less than 50 gallons that discharge to land from an enrollee’s sanitary sewer system failure or flow condition.

Private Lateral
Sewage Discharge
(PLSD)
(Voluntary)
Discharges of untreated or partially treated wastewater resulting from blockages or other problems within a privately owned sewer lateral connected to the enrollee’s sanitary sewer system or from other private assets. PLSDs that the enrollee becomes aware of may be voluntarily reported to the California Integrated Water Quality System (IWQSJ Online SSO Database).

If any SSO exceeds 50,000 gallons, follow SOP on sampling and reporting.

City of San Luis Obispo
2025 Sewer System Management Plan
63 Spill Reporting Responsibilities

City of San Luis Obispo
2025 Sewer System Management Plan
64 Appendix E: Spill Reporting Guidelines (>50,000 gal) WATER QUALITY MONITORING REQUIREMENTS (from SSS WDR):

To comply with subsection D.7(v) of the SSS WDRs, the enrollee shall develop and implement an SSO Water Quality Monitoring Program to assess impacts from SSOs to surface waters in which 50,000 gallons or greater are spilled to surface waters. The SSO Water Quality Monitoring Program, shall, at a minimum:

1. Contain protocols for water quality monitoring.

2. Account for spill travel time in the surface water and scenarios where monitoring may not be possible (e.g. safety, access restrictions, etc.).

3. Require water quality analyses for ammonia and bacterial indicators to be performed by an accredited or certified laboratory.

4. Require monitoring instruments and devices used to implement the SSO Water Quality Monitoring Program to be properly maintained and calibrated, including any records to document maintenance and calibration, as necessary,to ensure their continued accuracy.

5. Within 48 hours of the enrollee becoming aware of the SSO, require water quality sampling for, at a minimum, the following constituents:
i. Ammonia
ii. Appropriate Bacterial indicator(s) per the applicable Basin Plan water quality objective or Regional Board direction which may include total and fecal coliform, enterococcus, and e-coli.

Sewer System Overflow Sampling Plan:

The City Wastewater Collection System staff will first determine whether or not the SSO has reached a receiving water, by calculating travel paths, flow rates, and containment measures. If the spill is 50,000 gallons or greater and has come in contact with a receiving water, the SSO Sampling Plan will be followed. The receiving water will be monitored at three locations:
1) At the SSO discharge point to the receiving water.
2) Upstream from the point of the SSO.
3) Downstream from the point of the SSO.

Three parameters will be monitored per Standard Methods or EPA protocol:
1) Ammonia
2) E. Coli
3) Enterococci
Notify City’s State certified, #1498, laboratory personnel of field sampling requirement related to spill over 50,000 gallons in waterway. In the event that the SSO occurs after hours, contact aforementioned laboratory at start of business hours the following morning.

Use Personal Protective Equipment (PPE) while performing sampling. Proceed with testing and/or sampling only when it is determined to be feasible and safe.

1.1 Point of Discharge Sampling/Testing
Step 1: Move to the point where the SSO entered receiving water.

Step 2: Photograph, map and mark the location for future reference.

Step 3: Label the field samples with the date, time, location, and sampler’s initials Record the testing results.

Step 4: Collect 2 bacteriological samples (E. coli and Enterococci) using the supplied containers labeled “micro”.

Step 5: Collect a 500 ml sample for ammonia using a plastic 16 oz container that contains H2SO4 (gold colored) preservative.

Step 6: Keep the samples under ice or refrigeration until transferred to the laboratory’s process refrigerator (for example, use a cooler).

1.2 Upstream Sampling/ Testing

City of San Luis Obispo
2025 Sewer System Management Plan
65 Step 1: Move 10’ upstream from the point where SSO enters the receiving water (to obtain a non-contaminated baseline sample).

Step 2: Follow the procedure mentioned in “1.1 Point of Discharge Sampling/Testing” (Steps 2 – 6).

1.3 Downstream Sampling
Step 1: Determine how far the SSO has traveled downstream • Estimate rate of flow of stream using established City of SLO SOP. • Use a floating item on the water to determine how far it travels in one minute x estimated number of minutes since SSO first reached the water. Then measure and record width of stream and in the same location measure the depth of stream in five locations from left to right.

Step 2: Move to three locations downstream.
• 50’ and 200’ downstream from the point where the SSO enters the receiving water, and • A point nearest the extent of how far the SSO traveled following calculation in Step 1.

Step 3: Follow the directions mentioned in “1.1 Point of Discharge Sampling / Testing” (Steps 2 - 6) NOTES:
1) Do not touch micro sample container’s opening rim or bottom of the lid once the lid is removed. 2) Do not overfill sample containers because they contain preservatives including concentrated acids and caustics that are dangerous and harmful if contacted with skin, eyes etc. 3) All samples should be labeled with location, date, time, preservation and other pertinent. Follow-up sampling and testing will be performed if determined to be necessary.
4) A technical report summarizing spill event and associated analytical results will be prepared and submitted within the required 45 days.

City Water Quality Laboratory service hours are: Monday through Sunday, 7AM to 4:30PM.

Samples will be collected and preserved by the City’s state certified laboratory using established SOP protocol and using per the Environmental Laboratory Accreditation Program (ELAP) certificate number #1498.

Laboratory materials, reagents, and equipment are all maintained as a part of the laboratory’s quality assurance program to produce legally defensible data as required by ELAP.

City of San Luis Obispo
2025 Sewer System Management Plan
66 Appendix F: Capital Improvement Plan
The following capital improvement projects are programmed to be completed in the next five years. Projects are reviewed, modified, and prioritized on an annual basis depending on current system conditions, funding and budget approvals. At the time that this Plan was developed, final project budgets are still being determined and will be finalized and published on the City’s website upon adoption of the City’s 2025-27 Financial Plan.

Sewer Lift Station Replacement - Foothill (CIP 1000079) The Foothill Lift Station is the oldest in the City’s wastewater collection system and is in a location with minimal access. This station is over 50 years old and is operating beyond its life expectancy. The equipment was originally installed in 1962 to serve the Broad Street and Orcutt area, but was removed and warehoused, then reconfigured and installed in its present location in 1986. Due to external corrosion the sump pump floor was repaired in 1995. The existing force main is approximately 325 feet in length and is cast iron pipe. In 2013 the force main failed due to corrosion and pipe age. A pipeline condition assessment has shown it should be replaced.

Because of its age and condition, replacement of the lift station has been prioritized with the other necessary system components. It is recommended that the station be relocated approximately 500 feet west of its current location to serve future development. Relocating the station would require an addition of 500 feet of gravity and force main and property and easement acquisition.

Sewer Lift Station-Airport (CIP 91369)
The Airport Lift Station is located on Broad Street near the intersection of Fiero Lane. This station is a Smith and Loveless dry/wet well design. It operates with two-240 gpm, 5 horsepower pumps and 840 feet of existing eight-inch force main and was originally constructed by San Luis Obispo County in 1968; the City took over its operation and maintenance in 2000. Due to age, poor structural conditions, and exterior corrosion the station is operating beyond its life expectancy. The replacement lift station will be sited to accommodate future development of the Airport Area Specific Plan, which will include additional gravity sewers and a new sewer force main. Efforts will be made to look for alternative solutions to eliminate the need of a longer forcemain, which may require additional gravity systems, easement and property acquisitions through the recent Fiero Annexation completed in 2021.

Sewer Lift Station Replacement – Silver City (CIP 1000082) The Silver City Lift Station is a Smith and Loveless dry/wet well design and was put into service in 1971. The existing six-inch asbestos concrete force main pumps under San Luis Obispo Creek (it is encased under the creek) approximately 765 feet to a maintenance cover upstream of the Laguna Lift Station. The Silver City lift station operates with two 450 gpm, 18.5 horsepower pumps. The station replacement will be in the same current location proximity. An additional property acquisition and easements will be required to relocate both the new lift station and force main. In addition to the force main replacement, it will require the pipe to be encased in the San Luis creek crossing. The replacement lift station will accommodate a portion of the future development anticipated in the Margarita Area Specific Plan.

City of San Luis Obispo
2025 Sewer System Management Plan
67 Sewer Lift Station Maintenance (CIP 2001050)
Replacements of pumps, valves, fittings, electrical components, telemetry, and related infrastructure are an ongoing need for reliable wastewater lift stations. The purpose of this project is to categorize the costs for major asset replacements needed at lift stations in effort to extend the life of the infrastructure without having to replace the entire facility. The project may include engineering reports, updates to the computer hydraulic model, construction plans for lift station rehabilitation projects, construction management services, coatings, pump maintenance, bypass pumping services, telemetry upgrades, electrical repairs, field testing of infrastructure, and early purchase of materials that are now experiencing long lead times due to delays in supply chains.

Wastewater Collection System - Point Repairs (CIP 10000527) Point repairs of sewer mains and related infrastructure is a required effort for a reliable wastewater collection system. This point repair project will address existing deficiencies in a surgical manner and identify potential failures in the public wastewater collection system using video inspections of public mains. The objective of the point repair project is to explore opportunities to improve wastewater catchment areas in a surgical method with limited impacts to traffic circulation and paved roads. The project efforts may include engineering reports, video inspections, updates to the computer hydraulic model, construction plans for point repairs, construction management services, re-coatings of maintenance covers, research for grants programs, and field testing of the wastewater collection system. The following projects have been identified in this financial plan: elimination of sewer pipes along backyard easements, off-set joints along the pipe between maintenance structures, and computer modeling efforts of the proposed hydraulic modifications.

Sewer Utility Trench Repair (CIP 91740)
Maintenance Materials: The project includes repairs to paved areas by Job Order Contract (JOC) where wastewater collection staff needs to address system failures, or potholing operations along the public sewer system. The objective of the project is to efficiently replace several temporary asphalt patches within the roadway that resulted from potholing operations with permanent pavement using bulk orders from the JOC.

Sewer Maintenance Cover Adjustments (CIP 1000084)
Maintenance Materials: The project includes raising or lowering sewer maintenance covers when road pavement operations are performed by public works within the public right of way.

The objective of the project is to protect existing sewer maintenance cover frames and pipes from damage by paving machinery, and to efficiently complete paving operations within the roadway.

Sewer Infrastructure Renewal Strategy Report Update (CIP 91736) The purpose of this project is to update the computer model of the wastewater collection system monitoring pipe capacities for existing and future flows. The model will use best available information from new developments and compare the projections against flow monitoring data. The flow monitoring efforts will be conducted over several years to record improvements in pipe integrity and reductions on groundwater infiltration. The information will be used to schedule priorities for new sewer pipe replacement projects and identify where groundwater infiltration may be restricting the capacity of the wastewater collection system.

City of San Luis Obispo
2025 Sewer System Management Plan
68 This study will be particularly important for proper planning of new infill housing developments, hospital expansions, and possible projects by the university needing additional sewer capacity.

This project is anticipated to be completed in the spring of 2025.

Sewer Inflow and Infiltration Reduction (CIP 91739)
Replacement of wastewater collection pipes, and related infrastructure is an ongoing program for a reliable sanitary sewer collection system. The program’s inflow and infiltration program will conduct pipe integrity tests, video inspections of public sewers, smoke testing of service areas, and schedule point repairs to address existing deficiencies according to priority. The objective of the project is to explore opportunities to consolidate sewer collection systems that may run parallel along roadways and construct new sewer lateral interconnections that can simplify maintenance operations, reduce illegal stormwater connections into the sewer, and rehabilitate fractures in clay pipes that may be experiencing groundwater infiltration due to soil settlements or root instructions. A decrease of infiltration flows will result in lower energy costs needed to treat sewer volumes at the wastewater treatment plant. The project efforts may include sewer lateral rebates, engineering reports, construction plans for point repairs, construction management services, sewer maintenance cover re-coatings, sewer flow monitoring studies, and field testing of wastewater piping infrastructure.

Wastewater Collection Telemetry Improvements (CIP 91370) The wastewater collection system’s telemetry controllers and radios are unreliable and becoming obsolete. Proactively maintaining hardware and equipment is critical task of the wastewater operations to ensure year-round functionality for the operations of sewer lift stations during normal operations, and emergency conditions. The upgrades to the telemetry system will provide new hardware, and software system that are easier to program and maintain.

Tassajara, Cerro Romualdo, Jeffrey, Westmont Pipe Bursting (CIP 1000090) The City’s wastewater collection system includes approximately 140 miles of sewer lines and related operational equipment. Some pipes are over 100 years old and are undersized.

Maintenance requirements increase dramatically as pipeline and equipment approach the end of their useful life. Pipeline and operational equipment require ongoing maintenance and condition assessment to prioritize periodic replacement, ensure proper function, and prolong service life. The objective of this project is to replace sewer pipes in areas that have shown high inflow or infiltration flows based on recorded sewer spills, and high recorded flow rates during major storm events.

Verde, Luneta, Ramona Pipe Replacement (CIP 1000091)
The City’s wastewater collection system includes approximately 140 miles of sewer mains.

Some pipes are over 100 years old and are undersized to handle the current flow rates.

Maintenance needs increase dramatically as pipelines reach their flow capacities, or when they approach the end of their useful life. Pipelines in the public wastewater collection system are inspected using specialized video equipment that will prioritize periodic cleaning frequencies or recommend a complete replacement. Based on the assessment, this project is needed for the replacement of sewer mains dating back to 1962. The sewer mains have experienced structural failures due to root intrusions and have shown high infiltration flows rates during major storm events, which continue to exceed the flow capacity of the original design.

City of San Luis Obispo
2025 Sewer System Management Plan
69 Bouchon - Morro to Johnson Pipeline Replacement CIP 1000092) The City’s wastewater collection system includes approximately 140 miles of sewer lines and related operational equipment. Some pipes are over 100 years old and are undersized.

Maintenance requirements increase dramatically as pipeline and equipment approach the end of their useful life. Pipeline and operational equipment require ongoing maintenance and condition assessment to prioritize periodic replacement, ensure proper function, and prolong service life. The objective of this project is to replace existing clay pipes from 1927 with a new 10-inch sewer main serving areas that have shown high inflow or infiltration flows based on recorded sewer spills, and high recorded flow rates during major storm events. The pipeline replacement project will require re-routing the sewer flows near the intersection of Johnson and San Luis Drive into service Area F.

Serrano, Bressi, Dana and Higuera Pipeline Replacement (CIP 1000093) The City’s wastewater collection system includes approximately 140 miles of sewer lines and related operational equipment. Some pipes are over 100 years old and are undersized.

Maintenance requirements increase dramatically as pipeline and equipment approach the end of their useful life. Pipeline and operational equipment require ongoing maintenance and condition assessment to prioritize periodic replacement, ensure proper function, and prolong service life. The objective of this project is to replace sewer pipes in areas that have shown high inflow or infiltration flows based on recorded sewer spills, and high recorded flow rates during major storm events.

Foothill Sewer Siphon Pipeline Replacement (CIP 1000094) The City’s wastewater collection system includes approximately 140 miles of sewer lines and related operational equipment. Some pipes are over 100 years old and are undersized.

Maintenance requirements increase dramatically as pipeline and equipment approach the end of their useful life. Pipeline and operational equipment require ongoing maintenance and condition assessment to prioritize periodic replacement, ensure proper function, and prolong service life. The objective of this project is to replace sewer pipes from 1951 located in the northwest part of the City that have shown high inflow or infiltration flows based on recorded sewer spills, and high recorded flow rates during major storm events.

Chorro – Meinecke to Murray Pipe Replacement (CIP 91639) The City’s wastewater collection system includes approximately 140 miles of sewer mains.

Some pipes are over 100 years old and are undersized to handle the current flow rates.

Maintenance needs increase dramatically as pipelines reach their flow capacities, or when they approach the end of their useful life. Pipelines in the public wastewater collection system are inspected using specialized video equipment that will prioritize periodic cleaning frequencies or recommend a complete replacement. Based on the assessment, this project is needed for the replacement of sewer mains dating back to 1949. The sewer mains run along backyard easements and have shown high infiltration flows rates during major storm events, which continue to exceed the flow capacity of the original design.

Islay, Henry, Sierra Way Pipe Replacement (CIP 1000539) Maintenance needs increase dramatically as pipelines reach their flow capacities, or when they approach the end of their useful life. Pipelines in the public wastewater collection system are inspected using specialized video equipment that will prioritize periodic cleaning

City of San Luis Obispo
2025 Sewer System Management Plan
70 frequencies or recommend a complete replacement. Based on the assessment, this project is needed for the replacement of sewer mains dating back to 1910 that make up potions of the backbone system serving essential facilities along Johnson Avenue. The project will be coordinate with the efforts being made by the hospital’s infrastructure improvements along Iris Road and the railroad crossing to ensure design capacities are adequate for current and future needs. Additional funding is requested for the existing appropriation to cover cost escalations experienced with providing labor, equipment, and materials for the construction of a new sewer main.

Taft, Hathaway, Phillips, Buena Vista Pipe Replacement (CIP 1000539) The City’s wastewater collection system includes approximately 140 miles of sewer mains.

Some pipes are over 100 years old and are undersized to handle the current flow rates.

Maintenance needs increase dramatically as pipelines reach their flow capacities, or when they approach the end of their useful life. Pipelines in the public wastewater collection system are inspected using specialized video equipment that will prioritize periodic cleaning frequencies or recommend a complete replacement. Based on the assessment, this project is needed for the replacement of sewer mains dating back to 1955 that make up potions of the backbone system crossing Highway 101 and have shown high infiltration flows rates during major storm events.

San Jose, Ramona, Monte Vista, California Pipeline Replacement (CIP 1000571) The City’s wastewater collection system includes approximately 140 miles of sewer mains.

Some pipes are over 100 years old and are undersized to handle the current flow rates.

Maintenance needs increase dramatically as pipelines reach their flow capacities, or when they approach the end of their useful life. Pipelines in the public wastewater collection system are inspected using specialized video equipment that will prioritize periodic cleaning frequencies or recommend a complete replacement. Based on the assessment, this project is needed for the replacement of sewer mains dating back to 1958 that require high cleaning frequencies, have experienced structural failures due to root intrusions, and have shown high infiltration flows rates during major storm events.

Or at Chorro Creek:

The City’s wastewater collection system includes approximately 140 miles of sewer pipelines with some portions of the system being older than 100-years. The older areas of the wastewater collection system are near the end of their useful life and have been prioritized based on need as recorded by field inspections. The objective of this project is to replace sewer pipeline along Chorro from Palm to Monterey Street. The existing ductile iron pipe crossing the creek experienced a corrosion problem and is need of replacement as a high priority project since the sewer system serves key components of the downtown area. The new pipeline will meet City Engineering Standards and will provide resiliency in the wastewater collection system against corrosion problems normally encountered near the creek.

Sewer-main Replacements: Morro, Mill, Santa Rosa, and Chorro (CIP 1000561) The City’s wastewater collection system includes approximately 140 miles of sewer mains.

Some pipes are over 100 years old and are undersized to handle the current flow rates.

Maintenance needs increase dramatically as pipelines reach their flow capacities, or when they approach the end of their useful life. Pipelines in the public wastewater collection system

City of San Luis Obispo
2025 Sewer System Management Plan
71 are inspected using specialized video equipment that will prioritize periodic cleaning frequencies or recommend a complete replacement. Based on the assessment, this project is needed for the replacement of sewer mains dating back to 1948 that require high cleaning frequencies, have experienced structural failures due to root intrusions, and have shown high infiltration flows rates during major storm events. Additional funding is requested for the existing appropriation to cover cost escalations experienced with providing labor, equipment, and materials for the construction this high priority project.

Sewer-main Replacements: Foothill and Santa Rosa (Caltrans) (CIP XXXXXXX) The objective of this project is to replace existing clay pipes from 1965 with a new 8-inch sewer main serving areas that are along the Caltrans right-of-way. A co-operative agreement between the City and Caltrans will outline the improvements needed for the Foothill and Santa Rosa Intersection, but as a separate project, the sewer main at the intersection will need to get lowered to accommodate the proposed Caltrans drainage improvements. The sewer-main replacement will reduce maintenance, inflow, and infiltration that have previously been recorded in this catchment area, and it will replace an existing maintenance-hole with evidence of severe deterioration.

Sewer-main Replacements: Oceanaire – Cayucos to Froom Road (CIP XXXXXX) During the 2023 and 2024 storms, severe erosion was observed along Prefumo Creek, near Oceanaire Street, and across the alignment of an existing 15-inch sewer main crossing the creek. This project is needed for the replacement of a clay sewer pipe dating back to 1958 that require high cleaning frequencies along backyard easements, have experienced structural failures due to root intrusions, and have shown high infiltration flows rates during major storm events. The project will include a new creek crossing at a new location not susceptible to creek flows or erosion and eliminate the need to cross behind residential parcels by constructing the new sewer main along the recently completed road and bridge on Froom Road south of Oceanaire.

Bee Bee – South Street to Sandercock Pipeline Replacement (CIP 2001038) The City’s wastewater collection system includes approximately 148 miles of sewer mains.

Some pipes are over 100 years old and are undersized to handle the current flow rates.

Maintenance needs increase dramatically as pipelines reach their flow capacities, or when they approach the end of their useful life. Pipelines in the public wastewater collection system are inspected using specialized video equipment that will prioritize periodic cleaning frequencies or recommend a complete replacement. Based on the assessment, this project is needed for the replacement of sewer mains dating back to 1927 that require high cleaning frequencies, have experienced structural failures due to root intrusions, and have shown high infiltration flows rates during major storm events.

Chorro - Boysen to Rougeot Pipeline Replacement (CIP 2001042) The 2015 Wastewater Infrastructure Renewal Strategy (IRS or masterplan) identified sewer service areas with capacity constraints from stormwater infiltrations into the sewer system.

One of the capacity constrained areas (Area A) is located north of Foothill and west of Chorro and is currently undergoing sewer main improvements to remove existing clay sewer pipes with new fused plastic pipes using high density polyethylene (HDPE). Other on-going improvements to reduce capacity constraints include replacement of sewer laterals through lateral rebate programs or as triggered by building permit submittals. Additionally, the collaboration with the 790 Foothill development identified the opportunity to improve the

City of San Luis Obispo
2025 Sewer System Management Plan
72 conditions in Area A by transferring the sewer serving the project site and adjacent parcels from Area A to the Area C sewer pipe network, which has available capacity. The proposed pipeline replacement project will expand on this initial point repair completed by the development and replace the existing 6-inch sewer main along Chorro Street with a larger pipe from Highland to Meinecke.

City of San Luis Obispo, Council Memorandum
City of San Luis Obispo
Council Agenda Correspondence
DATE: March 4, 2025
TO: Mayor and Council
FROM: Timmi Tway, Community Development Director
Prepared By: David Amini, Housing Coordinator
VIA: Whitney McDonald, City Manager
SUBJECT: ITEM 6A - APPEAL OF PLANNING COMMISSION DECISION ON 466

DANA STREET - WATERMAN VILLAGE PROJECT
Staff received the following questions regarding the Waterman Village project and appeal to Council. The questions are below with staff’s response shown in italics:
1) Is Council’s decision restricted to the issues within the Appeal? Is Council making the final decision regarding the project?
Under the SLO Municipal Code, this project falls into the Moderate development review category, which requires a hearing before the Architectural Review Commission with a recommendation to the Community Development Director for final review authority. Due to the unique characteristics of the project (City owned land, Master List Historic property, required review by multiple Advisory Bodies, Exclusive Negotiating Agreement and community interest) the Community Development Director elevated the project to the Planning Commission for a final decision. Planning Commission decisions of this kind are final, unless appealed to the City Council.

SLOMC 17.126.030 states that “The appeal shall concern a specific action and shall state the grounds for appeal.” But “Action on appeals shall be “de novo” review and shall be considered at the same type of hearing and after the same notice that is required for the original decision.” (SLOMC 17.126.050.) Accordingly, the Council could review and revise the underlying project approval without deference to the Planning Commission action and could modify or amend the conditions of approval as it deems necessary to address the issues raised in the appeal. Therefore, Council is making the final decision regarding entitlement approval of the project through its action on the appeal. If the project appeal is denied and the project’s land use and development entitlements are approved, Smart Share would then be required to enter into real property negotiations with the City, where lease terms, demonstration of project financing, and all factors required by the Exclusive Negotiating Agreement would be considered. Staff would then bring the final lease agreement to the City Council for decision, which if approved, would allow Smart Share to construct the project. Until such time as the

Item 6a. Appeal of 466 Dana Street - Waterman Village Project Page 2 Council approves a final Lease agreement, the City retains ultimate control of the property and the Applicant can proceed only with actions expressly permitted by the City.
2) Is the nonprofit financially capable of completing the project, including adobe restoration?
The Exclusive Negotiating Agreement requires Smart Share to demonstrate, prior to commencement of the lease, that it has at least 50 percent of the funds necessary to construct the project, and an approved fundraising plan for raising the remaining portion of the funds. Smart Share is required to submit annual financials to the City to demonstrate the results of fundraising. The Agreement further requires that before starting construction, Smart Share must demonstrate, to the City Finance Director’s satisfaction, that they have all of the funds necessary to design and construct, at a minimum, the adobe rehabilitation, tiny home installation, site infrastructure and public park feature construction, as well as operate for at least two (2) years after completion of construction, plus a 15% contingency, available in cash or approved financing.
3) What would be the financial exposure of the City regarding provision of water, sewer, utilities, insurance, maintenance, etc?
The City’s financial exposure to the operational expenses of the project will be decided during the real property negotiations phase, prior to execution of the lease agreement with Smart Share. The Council will be asked to direct staff on the specific terms they wish staff to negotiate as to these requirements. The Exclusive Negotiating Agreement, however, makes clear that Smart Share is required to shoulder all expenses associated with operating the property and it would be expected that these terms would carry over to a prospective lease. 4) What criteria would be applied for choosing occupants of the units and would the City be required to oversee the legality of the process and the nonprofit’s operation of the project?
The City’s Below Market Rate Standards would apply to this project. A restrictive agreement would be recorded on the property and would require that the City’s Below Market Rate Administrator oversee and implement the tenant selection plan, ensuring that tenants meet the income requirement thresholds, and the agreement will expressly require compliance with federal and state law. Under City Municipal Code, private selection of tenants by project developers is expressly prohibited. A prospective lease with Smart Share would require that they remain at all times in compliance with any and all applicable laws and regulations.

Item 6a
Department: Community Development
Cost Center: 4008
For Agenda of: 3/4/2025
Placement: Public Hearing
Estimated Time: 90 mins
FROM: Timmi Tway, Community Development Director
Prepared By: David Amini, Housing Coordinator
SUBJECT: REVIEW AN APPEAL OF A PLANNING COMMISSION DECISION TO APPROVE THE WATERMAN VILLAGE PROJECT AT 466 DANA STREET PROPOSING THE CONSTRUCTION OF 20 LOW-TO VERY-LOW

INCOME HOMES AND REHABILITATION OF THE HISTORIC ROSA
BUTRON ADOBE (ARCH-0329-2022, EID-0637-2022

RECOMMENDATION
Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, denying an Appeal of the Planning Commission’s decision approving the Waterman Village Project (ARCH-0329-2022, EID-0637-2022).”

POLICY CONTEXT
Consistency with the General Plan
The Housing Element encourages residential development in the Downtown Core, with reduced or no parking requirements where appropriate (HE Policy 6.11).

Additionally, the Housing Element encourages the development of affordable housing (HE Policy 6.17) that respects neighborhood character (HE Policy 7.1) and provides pedestrian and bicycle linkages to schools, shopping areas, and parks (HE Policy 7.3).

Land Use Element Policy 2.4.2 requires the City to approve a density bonus for projects that are located within the Downtown Core, in addition to projects that include affordable housing for lower income households.

Conservation and Open Space Element Policy 3.6.9, which requires the City to preserve and rehabilitate City-owned historic adobes through techniques that help fund rehabilitation and adaptive reuse.

The City’s Regional Housing Needs Allocation (RHNA) requires the City to plan for 1,345 housing units deed restricted to households at low-income or below during the 6th cycle housing element period of 2019-28. There are currently 761 low-income or below units remaining in the allocation.

Item 6a

DISCUSSION
Background
The City of San Luis Obispo has owned the Master List Rosa Butrón Adobe property, located at 466 Dana Street, since 1989, after acquiring the property as a life estate gift from Ms. Mary Gail Black. The City provides basic maintenance and upkeep to the adobe and grounds, but the house is currently vacant and is at risk of ongoing deterioration and threats to its long-term preservation. On March 6, 2020, at the direction of the City Council, staff issued a Request for Interest (RFI) document seeking community partners to help the City rehabilitate and re-use the Rosa Butrón Adobe in accordance with program guidance found in the Conservation and Open Space Element (2006) of the General Plan.

As a result of this process, in September 2021, Council approved an Exclusive Negotiating Agreement (“ENA”) with Smart Share Housing Solutions and the Peace Project that set forth a shared vision between those two organizations for the “Waterman Peace Village.” The City Council further approved an Amended and Restated ENA in February 2024 with Smart Share Housing Solutions only, and the current project scope entails rehabilitation and re-use of the adobe structure with the construction of 20 low and very-low income housing units on the site.

The intent of the ENA is to set forth certain parameters, terms, and conditions precedent to consideration of a long-term lease with Smart Share Housing Solutions for the site that would enable the opportunity to achieve both the City Council’s goals for providing affordable housing (Housing Element Program 6.17) and the rehabilitation and long-term preservation of City-owned adobes including the Rosa Butrón Adobe (Conservation Element Program 3.6.9). The ENA required the Cultural Heritage Committee and the Architectural Review Commission to review the Waterman Village Project in order to ensure consistency with Historic Preservation Ordinance, Secretary of Interior Standards, and Historic Preservation Program Guidelines.

Project Description
The applicant, Smart Share Housing Solutions, is proposing a new residential project, Waterman Village, located at 466 Dana Street that consists of the construction of 20 low to very-low income, prefabricated affordable homes ranging in size from 220 to 264 square feet (see Attachment D, Project Plans). One unit will be reserved for an on-site manager. Per the Exclusive Negotiating Agreement, Smart Share will execute a 55-year lease on the property with the City and will be responsible for financing, constructing, and managing the project over its lifespan.

The new units are clustered around the historic adobe and utilize raised pier foundations to accommodate the 100-year flood plain requirements. Each unit is accessible via a raised boardwalk with ramps and stairs.

Item 6a
The project includes a request for a concession pursuant to California State Density Bonus law for a reduction of parking requirements from 29 required vehicle spaces to 4 spaces, as well as a reduction of bicycle parking from 40 required spaces to 24 spaces.

The project is located in the Downtown Core within short walking distance of shopping, restaurants, and other amenities, including the Cultural Arts District Parking Structure that is currently under construction, all of which supports a reduction in required parking spaces. State density bonus law as well as City Municipal Code section 17.140.070 allow concessions to development standards in exchange for providing housing to low-income households. The parking reductions requested by the applicant are therefore allowable under the City code and are required to be granted by state law.

The project also proposes to rehabilitate the Master List Historic Rosa Butrón Adobe located on the site. The historic adobe will be used as a community gathering space as well as office and administrative space for the on-site manager. The project scope includes the demolition of non-historic additions at the rear of the adobe, as well as removal of 12 trees with a proposed off-site compensatory planting plan. The trees slated to removed range from 5 to 37 inch trunks and several are in poor health. The tree species include pittosporum, persimmon, coastal live oak, and locust.

The City has prepared, and circulated for public review, a Draft Initial Study and Mitigated Negative Declaration that assesses the potential environmental effects of the project, pursuant to the California Environmental Quality Act (CEQA).

Figure 1: Project site location map

Item 6a
Previous Council or Advisory Body Action
The Cultural Heritage Committee held a Public Hearing on October 28, 2024, to evaluate the project’s consistency with the Historic Preservation Ordinance and provide a recommendation to the Planning Commission (Agenda Packet).

Public comment was received prior to and during the meeting. This included feedback regarding the possibility that the project site was the original location of the Mission, as well as feedback stating that the Grant Deed of the property to the City requires that the property be used as a park. Additionally, public comment was received expressing concern with flooding, maintenance access to the creek, parking, and questioning the ability of the City to financially support the project.

The Committee recommended that the Planning Commission find the proposed project consistent with the City’s Historic Preservation Ordinance with the following recommendations:

1. Evaluate the period of significance in the Historic Resources Report for the potential that the historic period of significance extends to 1989.

2. Evaluate the potential that the site is believed to have been the original location of Mission San Luis Obispo from 1775 to 1788.

Figure 2: Project site plan showing location of units in relation to the adobe

Item 6a

3. Include requirements for construction staff training for the possibility that burial sites and artifacts may be encountered from the Mission era.

4. Include historical signage that reflects all periods of significance and the cultural narrative of the site.

In response to the CHC’s recommendations, staff directed the historic consultant, SWCA, to evaluate the additional historic context. SWCA did not recommend extending the period of significance due to insignificant evidence that the adobe played a role in City history beyond the original period of significance. he Historic Resources Evaluation was updated to include the information regarding the original location of the Mission. The mitigation measure regarding construction site staff training was updated to include the possibility of encountering Mission-era artifacts. Staff also added in a condition of approval requiring the applicant to provide historical signage to the satisfaction of the CHC.

The Architectural Review Commission held a Public Hearing on November 18, 2024, to evaluate the project’s consistency with the Community Design Guidelines and provide a recommendation to the Planning Commission (Agenda Packet).

Public comment was received prior to and during the meeting. Comments were received expressing concerns regarding flooding, parking and fire hazards. Additional comments were received regarding sequencing of the project, financing, and asking the Committee to make the adobe a priority in the project sequencing.

The Commission found the project to be consistent with the Community Design Guidelines, with the following recommendations to the Planning Commission:

1. Prioritize the adobe remodel before the new construction.

2. Recommend that the exterior color of the new buildings be gray or a darker color than the adobe.

3. Add on-site amenities, such as benches and tables and chairs, to provide more resident community spaces.

4. Include more short-term bike parking for visitors to the property.

In response to the ARC’s recommendations, the applicant’s design team updated the design drawings to change the exterior color of the new buildings to a darker gray color.

Additionally, benches, tables, and chairs were provided on the site plan. Additional bike parking spaces were not added to the plan.

The Planning Commission held a Public Hearing on December 11, 2024, to consider the recommendations received by the CHC and ARC and provide final approval or denial of the project’s planning application (Agenda Packet) (Signed Resolution in Attachment E) Public comment was received prior to and during the meeting. Comments were received regarding concerns about parking, flooding, fire hazards, in addition to concerns regarding security due to the density of the project.

Item 6a
The Commission moved unanimously to adopt the Draft Resolution regarding the project, which provided for the following:
 Adoption of the Initial Study/Mitigated Negative Declaration of Environmental Impact prepared pursuant to CEQA; and
 Determination that the City’s action on the subject property to authorize and/or construct buildings or structures for the purposes of developing affordable housing is consistent with the General Plan; and
 Approval of the proposed construction of 20 low and very low-income residential units with a parking reduction pursuant to state density bonus law, rehabilitation of the historic adobe, and associated removal of 12 trees based on findings and subject to conditions of approval.

The above resolution and associated conditions of approval would constitute the project’s planning entitlements allowing the project applicant to apply for a building permit.

The Planning Commission made the following changes to the conditions of approval in the signed Resolution (Attachment E):
 Amendment of Condition #55 to add the following language in bold:
“The building permit submittal shall include a site utility plan showing the size of existing and proposed sewer and water services. The proposed utility infrastructure shall comply with the latest engineering design standards effective at the time the building permit is obtained and shall have reasonable alignments needed for maintenance of public infrastructure along public roads. All residential units are to be individually metered, with the possibility to consider submetering feasibility, subject to the approval of the Utilities Director.

Backflow preventors shall be provided for the domestic and landscape if required) water meters, to the satisfaction of the Utilities Director. Fire flow service shall pass through a double-check backflow device.”
 Amendment of Condition #5, with the following language included: “Bicycle Parking. Plans submitted for a building permit shall clearly depict the location of all required short and long-term bicycle parking for all intended uses, as well as requiring e-bike charging access in the long-term parking area. Plans shall show all areas designated for long-term bicycle parking such as bicycle lockers, interior spaces, or storage rooms. Short-term bicycle racks shall be consistent with the City Active Transportation Plan Design Guidelines and feature “hi-low style” campus racks (such as “Peak Racks”) or City approved equivalent (inverted “U” rack designed shall not be permitted) and shall be installed in close proximity to, and visible from, the main entries into the buildings. Sufficient detail shall be provided about the compliance with relevant Engineering Standards and Community Design Guidelines, to the satisfaction of the Public Works and Community Development Directors.”

Item 6a
Appeal Received
On December 17, 2024, Stephen Barasch, AIA, Ph.D., on behalf of the San Luis Obispo Property and Business Owners Association (SLOPBOA), timely filed an appeal of the Planning Commission’s decision (Attachment C). The reasons for the appeal were stated as follows:
 “There is a Restrictive Covenant in the Original Deed requiring the 466 Dana Street Property to be used solely as a park for Recreational Uses only.”  “The 466 Dana Street property was given to the City of San Luis Obispo in “Public trust” to be used as a “Park” or for Recreational Uses only.”  “Any use(s) outside of a “Park” or “Recreational” uses must be considered as a “Ultra Vires Act” and is generally considered void meaning and is completely null and has no legal effect as it exceeds the authorized powers of a City, therefore it cannot be enforced in any court.”
 “Recent legal cases including but not limited to the Court of Appeals Fourth District Division 2, California in the Save the Welwood Murray Memorial Library Com v.

City of Palm Springs (215 Cal. App. 3rd 1003, 263 Cal. Rptr. 896 Nov 16, 1989.)”1  “The present proposed use violates the Adopted City Council Resolution of October 4, 1988.”
Staff Response
The Grant Deed (Attachment B) from Ms. Mary Gail Black to the City made the “request that the adobe and two adjoining wings that make up the old house, and the trees on that property be maintained by the city for park or recreational purposes, and that Mildred Waterman' s name be included in any name that the city gives to this park area.” Council Resolution 6512 (Attachment D), executed on October 4, 1988, agrees to the conditions of the Grant Deed and formally accepts the grant of the property. By agreeing to the conditions of the Grant Deed, the City is not required to only use the property as a park as described by the appellant above.

It is important to note that the grant deed from Ms. Mary Gail Black to the City makes the request that the adobe and trees be maintained by the city for park or recreational purposes. This request is not included as one of the enforceable covenants of the grant deed that are specifically enumerated later in the document and include provisions such as requiring the City to provide water to the site and to be responsible for property taxes for the site. The enforceable covenants binding upon the City are found in items 1-7 of the grant deed (Attachment B), and the City’s past actions and the proposed project comply with these terms. Therefore, the proposed use of the property is not prohibited by the Grant Deed.

In addition, the proposed project does honor the request of Ms. Mary Gail Black by preserving the original adobe, naming the project in honor of Mildred Waterman, as well as setting aside portions of the property as a park-like setting, retaining many of the existing mature trees on site, and incorporating site elements that provide an opportunity for public engagement and interaction. The historic adobe will provide community space for residents.

Item 6a
The City Attorney’s office has reviewed the authority provided by appellant and concluded that the case cited (Save the Wellwood Murray Memorial Library Com. v. City Council1) is not applicable to the facts of the present appeal. In that case, the court found that the City of Palm Springs could not enter into an agreement for development that conflicted with express agreements and conditions of a grant deed conveying library property to the city. As discussed above, the request from Mary Gail Black that the adobe and trees be maintained by the city for park or recreational purposes is not an express agreement or condition of the grant deed (Attachment B) conveyed to the City. The Planning Commission’s approval of the proposed project is not an “attempt to divert the use of the property from its dedicated purposes,” and is therefore not an ultra vires act (meaning an unauthorized act or an act beyond the City’s authority) as appellant contends.

Based on staff’s analysis of the arguments presented by the appellant, staff recommends that the City Council deny the appeal and uphold the Planning Commission’s decision to approve the project.

Public Engagement
The Waterman Village project has been presented before three of the City’s advisory bodies at public hearings. (Cultural Heritage Committee, Architectural Review Commission, Planning Commission) Public notices were mailed to property owners and residents within 300 feet of the site, and physical notices were posted on the site in compliance with all public noticing requirements. Public comment was received at each advisory body meeting.

CONCURRENCE
The City Attorney’s office has reviewed the appeal and concurs with the staff response and recommendation to deny the appeal.

The project has been reviewed by the Engineering Division, Transportation Division, Building Division, Utilities Department, Office of Sustainability and Natural Resources, and Fire Department. All conditions of approval or informational notes from these departments and divisions were incorporated into the Planning Commission’s adopted resolution.

ENVIRONMENTAL REVIEW
Staff prepared, and the Planning Commission adopted, a Mitigated Negative Declaration for the project under the requirements of CEQA.The MND found that no significant impact would occur with mitigation measures incorporated. These mitigation measures were related to Air Quality, Biological Resources, Cultural Resources, and Noise. Native American Tribes were notified about the project on November 29, 2022, consistent with state and City regulations, including, but not limited to, Assembly Bill 52. The MND and

1 Appellant attached the text of the Save the Welwood Murray Memorial Library Committee case but did not provide commentary or an explanation as to its relevance to the appeal.

Item 6a
associated environmental documents were circulated in accordance with all noticing requirements and no comments were received by staff. The MND was filed with the relevant state agencies after the Planning Commission’s project approval.

FISCAL IMPACT
Budgeted: N/A Budget Year: 2025-26
Funding Identified: N/A
Fiscal Analysis:

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

Total $ N/A $ N/A $ N/A $ N/A
The decision to approve or deny the appeal does not have a direct fiscal impact on the City. The costs to review the project itself are paid for by the applicant through permit fees. The cost for the appeal are paid for by the appellant when the appeal is filed. If Smart Share executes the ground lease of the property, the anticipated payment to the City is $1 per year per the ENA.

ALTERNATIVES

1. Continue the appeal to a later date. An action to continue the item should include a detailed list of additional information or analysis required for City Council to make a decision. Per Government Code 65905.5 (a), a city shall not conduct more than 5 public hearings in connection with approval of a housing development project. This hearing is the fourth public hearing regarding this project.

2. Uphold the appeal. Staff analysis of the arguments presented by the appellant do not support upholding the appeal. Per Government Code 65589.5, the City shall not disapprove a housing development project unless it can make written findings that the project would have a specific, adverse impact on the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the impact.

ATTACHMENTS
A - Draft Resolution denying the appeal and upholding the Planning Commission’s approval of the project.

B - Grant Deed
C - Appeal Received
D - City Council Resolution No. 6512 accepting the Grant Deed of the property to the City E - Signed Planning Commission Resolution 1093-24 approving the project.

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RESOLUTION NO. _____ (2025 SERIES)

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

OBISPO, CALIFORNIA, DENYING AN APPEAL OF THE PLANNING
COMMISSION’S DECISION APPROVING THE WATERMAN VILLAGE
PROJECT (ARCH-0329-2022, EID-0637-2022)
WHEREAS, the Cultural Heritage Committee of the City of San Luis Obispo conducted a public hearing in the Council Hearing Room of City Hall, 990 Palm Street, San Luis Obispo, California, on October 28, 2024, recommending the Planning Commission find the proposed project consistent with the City’s Historic Preservation Ordinance with four directional items related to historical signage, historic evaluation recommendations, and construction staff training; and
WHEREAS, the Architectural Review Commission of the City of San Luis Obispo conducted a public hearing in the Council Hearing Room of City Hall, 990 Palm Street, San Luis Obispo, California, on November 18, 2024, recommending to the Planning Commission that the proposed project is consistent with the Community Design Guidelines and applicable City Standards, with four directional items related to project timeline, color, adding on site amenities, and bike parking; and WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public hearing in the Council Hearing Room of City Hall, 990 Palm Street, San Luis Obispo, California, on December 11, 2024, and adopted a resolution providing for adoption of the Initial Study/Mitigated Negative Declaration of Environmental Impact prepared pursuant to CEQA, the determination that the City’s action on the subject property to authorize and/or construct buildings or structures for the purposes of developing affordable housing is consistent with the General Plan, and approval of the proposed construction of 20 low and very low-income residential units with a parking reduction pursuant to state density bonus law, rehabilitation of the historic adobe, and associated removal of 12 trees based on findings and subject to conditions of approval; and
WHEREAS, on December 17, 2024, Stephen Barasch, AIA, Ph.D, filed an appeal on behalf of the San Luis Obispo Property and Business Owners Association (SLOPBOA) of the Planning Commission’s decision on December 11, 2024; and WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing in the Council Hearing Room of City Hall, 990 Palm Street, San Luis Obispo, California, on March 4, 2025, for the purpose of considering the appeal of the Planning Commission’s decision to approve the project (ARCH-0329-2022 and EID-0637-2022), and has duly considered all evidence; including the record of the Cultural Heritage Committee, Architectural Review Commission, and Planning Commission hearings; testimony of the applicant, appellant, and general public; and evaluation and recommendations by staff presented at said hearing; and

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WHEREAS, notices of the aforementioned public hearings were made at the time and in the manner required by law.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo the appeal of the Planning Commission’s decision approving the Waterman Village Project is hereby denied based on the following findings:

SECTION 1. Findings. The City Council hereby denies the appeal and grants final approval for the project (ARCH-0329-2022, EID-0637-2022), based on the following findings:

1. The project is consistent with the enforceable covenants found in the Grant Deed from Mary Gail Black to the City dated July 26, 1989 as well as the Resolution of Acceptance executed by Council in Resolution No. 6512 dated October 4, 1988.

2. The project is consistent with the Land Use Element of the General Plan because it supports the City’s land use designation’s purpose and application for MediumHigh Density Residential land uses by providing residential units at the density level specified in the zone.

3. As conditioned, the project conforms to applicable property development standards set forth in the Zoning Regulations, for the Medium-High Density Residential (R-3) zone. The proposed uses are compatible with the project site and with existing uses in the vicinity, which include multi-family residential uses.

4. The project is consistent with Housing Element Policies 7.1 and 7.3, which encourage new development that respects neighborhood character and provides pedestrian and bicycle linkages to schools, shopping areas, and parks.

5. The project is consistent with Conservation and Open Space Element Policy 3.6.9, which requires the City to preserve and rehabilitate City-owned historic adobes through techniques that help fund rehabilitation and adaptive reuse.

6. The Cultural Heritage Committee (CHC) reviewed the project on October 28, 2024, and found the project to be consistent with the City’s Historic Preservation Ordinance, with recommendations to add interpretive signage explaining the history and significance of the adobe and site.

7. The Architectural Review Commission (ARC) reviewed the project on November 18, 2024, and found the project to be consistent with the Community Design Guidelines, with the recommendation for three modifications to the design of the project.

8. The Planning Commission reviewed the project on December 11, 2024, and adopted the Initial Study and Mitigated Negative Declaration, finding that, with the incorporation of specified mitigation measures and the mitigation monitoring program, environmental impacts of the program will be less than significant.

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9. The Planning Commission further determined that the City’s action on the subject property to authorize and/or construct buildings or structures for the purposes of developing affordable housing is consistent with the General Plan, and approved the proposed construction of 20 low and very low-income residential units with a parking reduction pursuant to state density bonus law, rehabilitation of the historic adobe, and associated removal of 12 trees based on findings and subject to conditions of approval.

10.The requests for a concession for a reduction of site development standards to reduce the required vehicle parking to provide 4 vehicle spaces where 29 are normally required, and to reduce the required bicycle parking to provide 26 bicycle spaces where 45 are normally required, are necessary to facilitate the production of affordable housing units in accordance with Density Bonus Law and consistent with the intent of Housing Element programs 2.17, 6.10, 6.11, and 6.19, and the alternative affordable housing incentives outlined in Section 17.140.070 of the Zoning Regulations.

SECTION 2. Environmental Review. The City Council hereby adopts the Initial Study and Mitigated Negative Declaration that finds that with the incorporation of the following mitigation measures and the mitigation monitoring program, environmental impacts will be less than significant:

Air Quality Mitigation
Mitigation Measure AQ-1. During all construction activities and use of diesel vehicles, the applicant shall implement the following idling control techniques:

Idling Restrictions Near Sensitive Receptors for Both On- and Off-Road Equipment.
a. Staging and queuing areas shall be located at the greatest distance feasible from sensitive receptor locations;
b. Diesel idling shall not be permitted when equipment is not in use; c. Alternative-fueled equipment shall be used whenever possible; and d. Signs that specify the no idling requirements shall be posted and enforced at the construction site.

California Diesel Idling Regulations. 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 nonCalifornia-based vehicles. In general, the regulation specifies that drivers of said vehicles:
a. Shall not idle the vehicle’s primary diesel engine when vehicle is not in use, except as noted in Subsection (d) of the regulation; and

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b. Shall not operate a diesel-fueled auxiliary power system to power a heater, an air conditioner, or any ancillary equipment on that vehicle during sleeping or resting in a sleeper berth for greater than 5 minutes at any location when within 100 feet of a restricted area, except as noted in Subsection (d) of the regulation. c. Signs must be posted in the designated queuing areas and job sites to remind drivers of the 5-minute idling limit. The specific requirements and exceptions in the regulation can be reviewed at the following website: https://ww2.arb.ca.gov/cappresource-center/heavy-duty-diesel-vehicle-idling-information.  AQ-1 Monitoring Plan. The City shall verify all measures are shown on relevant site plan sheets at the time of submittal of applications for demolition, building, and construction permits.

Mitigation Measure AQ-2 During all construction and ground-disturbing activities, the applicant shall implement the following particulate matter control measures such that they do not exceed the Air Pollution Control District 20% opacity limit and minimize nuisance impacts. Each measure shall be detailed on the project grading and building plans:
a. Reduce the amount of the disturbed area where possible; b. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site and from exceeding the San Luis Obispo County Air Pollution Control District limit of 20% opacity for greater than 3 minutes in any 60- minute period. Increased watering frequency would be required whenever wind speeds exceed 15 miles per hour. Reclaimed (non-potable) water shall be used whenever possible. When drought conditions exist and water use is a concern, the contractor or builder shall consider the use of a dust suppressant that is effective for the specific site conditions to reduce the amount of water used for dust control.

Please refer to the following link from the San Joaquin Valley Air District for a list of potential dust suppressants: https://ww2.valleyair.org/compliance/dustcontrol/reducing-dust-emissions/; c. All stockpiled dirt shall be sprayed daily and covered with tarps or other dust barriers, as needed;
d. All roadways, driveways, sidewalks, etc. to be paved shall be completed as soon as possible, and building pads shall be laid as soon as possible after grading unless seeding, soil binders or other dust controls are used; e. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or shall maintain at least 2 feet of freeboard (minimum vertical distance between top of load and top of trailer) or otherwise comply with California Vehicle Code Section 23114;
f. “Track-Out” is defined as sand or soil that adheres to and/or agglomerates on the exterior surfaces of motor vehicles and/or equipment (including tires) that may then fall onto any highway or street as described in CVC Section 23113 and California Water Code 13304. To prevent track-out, designate access points and require all employees, subcontractors, and others to use them. Install and operate a “trackout prevention device” where vehicles enter and exit unpaved roads onto paved

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streets. The track-out prevention device can be any device or combination of devices that are effective at preventing track-out, located at the point of intersection of an unpaved area and a paved road. Rumble strips or steel plate devices need periodic cleaning to be effective. If paved roadways accumulate tracked out soils, the track-out prevention device may need to be modified; g. All fugitive dust mitigation measures shall be shown on grading and building plans; h. The contractor or builder shall designate a person or persons whose responsibility is to ensure any fugitive dust emissions do not result in a nuisance and to enhance the implementation of the mitigation measures as necessary to minimize dust complaints and reduce visible emissions below the San Luis Obispo County Air Pollution Control District’s limit of 20% opacity for greater than 3 minutes in any 60-minute period. Their duties shall include holidays and weekend periods when work may not be in progress (for example, wind-blown dust could be generated on an open dirt lot). The name and telephone number of such persons shall be provided to the San Luis Obispo County Air Pollution Control District Compliance Division prior to the start of any grading, earthwork, or demolition (Contact the Compliance Division at 805-781-5912).
i. 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;
j. 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; k. 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 San Luis Obispo County Air Pollution Control District; l. Vehicle speed for all construction vehicles shall not exceed 15 miles per hour on any unpaved surface at the construction site;
m. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers shall be used with reclaimed water where feasible.

Roads shall be pre-wetted prior to sweeping when feasible; and n. Take additional measures as needed to ensure dust from the project site is not impacting areas outside the project boundary.
 AQ-2 Monitoring Plan. The City shall verify all measures are shown on relevant site plan sheets at the time of submittal of applications for demolition, building, and construction permits.

Mitigation Measure AQ-3. Prior to initiation of demolition/construction activities, the applicant shall retain a registered geologist to conduct a geologic evaluation of the property, including sampling and testing for naturally occurring asbestos in full compliance with California Air Resources Board Air Toxics Control Measure for Construction, Grading, Quarrying, and Surface Mining Operations (17 California Code of Regulations

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Section 93105) and San Luis Obispo County Air Pollution Control District requirements.

This geologic evaluation shall be submitted to the City of San Luis Obispo Community Development Department upon completion. If the geologic evaluation determines that the project would not have the potential to disturb naturally occurring asbestos, the applicant must file an Asbestos Air Toxics Control Measure exemption request with the San Luis Obispo County Air Pollution Control District.
 AQ-3 Monitoring Plan. The City shall verify receipt of the geologic evaluation at the time of applicant application for demolition, building, or construction permits, whichever occurs first.

Mitigation Measure AQ-4. If naturally occurring asbestos is determined to be present on-site, proposed earthwork and construction activities shall be conducted in full compliance with the various regulatory jurisdictions regarding naturally occurring asbestos, including the California Air Resources Board Air Toxics Control Measure for Construction, Grading, Quarrying, and Surface Mining Operations (17 California Code of Regulations Section 93105) and requirements stipulated in the National Emission Standards for Hazardous Air Pollutants (40 Code of Federal Regulations Part 61, Subpart M - National Emission Standard for Asbestos). These requirements include, but are not limited to, the following:
a. Written notification, within at least 10 business days of activities commencing, to the San Luis Obispo County Air Pollution Control District; b. Preparation of an asbestos survey conducted by a Certified Asbestos Consultant; and
c. Implementation of applicable removal and disposal protocol and requirements for identified naturally occurring asbestos.
 AQ-4 Monitoring Plan. The City shall verify receipt of the asbestos survey and verify all measures are shown on relevant site plan sheets at the time of submittal of applications for demolition, building, and construction permits, if applicable.

Mitigation Measure AQ-5. Regulated asbestos-containing material could be encountered during the proposed demolition activities and rehabilitation of the Rosa Butrón Adobe. At the time of application for demolition permits, the project developer shall demonstrate compliance with the National Emission Standards for Hazardous Air Pollutants (40 Code of Federal Regulations Part 61, Subpart M - National Emission Standard for Asbestos) regarding the proper handling, abatement, and disposal of regulated asbestos-containing material. National Emission Standards for Hazardous Air Pollutants requirements for regulated structures include, but are not limited to:
a. Hire a Certified Asbestos Consultant to conduct an asbestos survey report. b. Prepare a written work plan addressing asbestos handling procedures in order to prevent visible emissions.
c. Submit he asbestos survey report and work plan to the City at the time of application for demolition and building permits.

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d. Submit a notification form, survey, and work plan to the San Luis Obispo County Air Pollution Control District, at least 10 business days prior to demolition, regardless of regulated asbestos-containing materials.
e. Go to https://www.slocleanair.org/rules-regulations/asbestos.php for more information.
 AQ-5 Monitoring Plan. The City shall verify receipt of the asbestos survey and work plan and verify all measures are shown on relevant site plan sheets at the time of submittal of applications for demolition, building, and construction permits, if applicable.

Mitigation Measure AQ-6. If during the demolition or rehabilitation of existing structures paint is separated from the construction materials (e.g., chemically, or physically), the paint waste will be evaluated independently from the building material by a qualified hazardous materials inspector to determine its proper management. All hazardous materials shall be handled and disposed of in accordance with federal, state, and local regulations. According to the California Department of Toxic Substances Control, if the paint is not removed from the building material during demolition (and is not chipping or peeling), the material can be disposed of as construction debris (a non-hazardous waste).

The landfill operator will be contacted prior to disposal of building material debris to determine any specific requirements the landfill may have regarding the disposal of leadbased paint materials. The disposal of demolition debris shall comply with any such requirements. The project applicant shall document proof that paint waste has been evaluated by a qualified hazardous waste materials inspector and handled according to their recommendation to the City Community Development Department.  AQ-6 Monitoring Plan. The City shall verify receipt of evidence that separated paint waste was evaluated by a qualified hazardous waste materials inspector and handled according to their recommendation, if applicable.

Biological Resources Mitigation
Mitigation Measure BIO-1. The developer shall retain a qualified biologist to conduct roosting bat surveys prior to proposed demolition/rehabilitation activities. Pre-disturbance surveys for bats shall include one daytime survey and one dusk survey no more than 14 days prior to the start of construction to determine if bats are roosting in the abandoned structure or in any of the trees on the property. If bats are found to be roosting on the project site, a bat exclusion plan shall be developed by the qualified biologist to ensure impacts to bats are avoided and submitted to the City for review and approval.  BIO-1 Monitoring Plan. The City shall verify receipt of the survey plan and review and approve the exclusion plan, if applicable.

Mitigation Measure BIO-2 If construction activities involving ground disturbance or vegetation removal are proposed at any point during the typical nesting bird season (February 1–September 15), a nesting bird survey shall be conducted by a qualified biologist no more than 10 days prior to the start of ground disturbance to determine presence/absence of nesting birds. Surveys shall cover all areas potentially affected by

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the project via direct impacts (e.g., nest destruction) or indirect impacts (e.g., noise, vibration, odors, movement of workers or equipment, etc.). If nesting activity is detected, the following measures shall be implemented:
a. Buffer Establishment. If an active bird nest is observed during preconstruction surveys or during construction, the qualified biologist shall determine an appropriate no-disturbance setback based on existing conditions and bird behavior. These buffers shall remain in place until the breeding season has ended or until a qualified biologist has determined that the birds have fledged and are no longer reliant on the nest or parental care for survival. b. Variance of Buffer Distances. Variance from the no-disturbance buffers described above may be allowable when there is a compelling biological or ecological reason to do so, such as when the construction area would be concealed from a nest site by topography. Any variance from the no-disturbance buffers shall be advised and supported by a qualified biologist. The California Department of Fish and Wildlife may be contacted for technical assistance if recommended by the qualified biologist.
c. Nesting Monitoring. If nest buffers are reduced, the biologist shall monitor any construction activities within the pre-determined setback distance. If nesting birds show any signs of disturbance, including changes in behavior, significantly reducing frequency of nests visits, or refusal to visit the nest, the biologist will stop work and increase the nest buffer. If appropriate on a case-by-case basis, as determined by the qualified biologist, nest monitoring may be reduced to weekly spot-check monitoring, at a minimum, if the biologist determines that the nesting birds have shown no signs of disturbance from construction activities and a continuation of the same types of construction activities are unlikely to disturb the nesting birds. All monitoring reports shall be submitted to the City. d. Nest Removal. Nests, eggs, or young of birds covered by the Migratory Bird Treaty Act and California Fish and Game Code shall not be moved or disturbed until a qualified biologist has determined that the nest has become inactive or young have fledged and become independent of the nest.
e. Reporting. A qualified biologist shall document all active nests and submit a letter report to the City of San Luis Obispo documenting project compliance with the Migratory Bird Treaty Act, California Fish and Game Code, and applicable project mitigation measures.
 BIO-2 Monitoring Plan. The City shall verify receipt of the survey report, active nest letter report, and monitoring reports, if applicable.

Mitigation Measure BIO-3 Water Pollution Control Plan. At the time of application for demolition, grading, or building permits, whichever occurs first, the project applicant shall prepare and submit a Water Pollution Control Plan (WPCP) to be reviewed and approved by the City. The WPCP shall include, but not be limited to, the following erosion and sedimentation control methods and shall be implemented during the construction phases of the project:

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a. If possible, the potential for erosion and sedimentation shall be minimized by scheduling construction activities during the dry season (June 15–October 31). b. Sediment and erosion control measures shall be developed by a qualified engineer to protect water quality and comply with appropriate local and state regulations.

Measures may include the use of silt fence, straw wattles, erosion control blankets, straw bales, sandbags, fiber rolls, and other appropriate techniques employed to protect the drainage feature on and farther downstream of the property. All areas with soil disturbance shall have appropriate erosion controls and other stormwater protection best management practices installed to prevent erosion potential. All sediment and erosion control measures shall be installed per the engineer’s requirements.
c. Spill kits shall be maintained on the project site and a Spill Response Plan shall be in place.
d. Equipment shall be refueled in designated areas with appropriate spill containment. Equipment storage shall use drip pans or ground covers as appropriate to ensure leaks are contained. All equipment and vehicles shall be checked and maintained on a daily basis to ensure proper operation and to avoid potential leaks or spills.
e. Concrete washout shall be conducted in specified areas and with appropriate containment measures to ensure washout does not leave the site and enter the City of San Luis Obispo’s storm drain system. Washing of equipment, tools, etc., shall occur in specified locations where the tainted water will not affect the drainage or City of San Luis Obispo’s storm drain system.
f. The use of chemicals, fuels, lubricants, or biocides shall be in compliance with all federal, state, and local regulations. All uses of such compounds shall observe label and other restrictions mandated by the U.S. Environmental Protection Agency, California Department of Food and Agriculture, and other federal and state legislation.
g. All project-related spills of hazardous materials within or adjacent to the project site should be cleaned up immediately.
 BIO-3 Monitoring Plan. The City shall review and approve the WPCP and verify all measures are shown on relevant site plan sheets.

Cultural Resources Mitigation
Mitigation Measure CR-1 Alternative Building Materials. At the time of application for building permits, building plans for the residential units shall be reviewed to verify use of alternate window materials (i.e., other than vinyl) such as wood or another synthetic material with colors and finishes that better reflect the character of the adobe and nearby historical resources.
 CR-1 Monitoring Plan. The City shall verify all relevant plan sheets have been updated to identify alternative window materials consistent with this measure.

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Mitigation Measure CR-2 Rehabilitation Plan Implementation. Prior to issuance of a permit for demolitions or any alterations to the Rosa Butrón Adobe, construction plans shall include all proposed treatments detailed in the approved Rehabilitation Plan shown on relevant demolition and/or building permit sheets as callouts and notes to guide the rehabilitation process and be reviewed and approved by a qualified consultant for consistency with the approved Rehabilitation Plan and SOI Standards. Final construction plans shall be reviewed and approved by the Community Development Director. The qualified consultant shall include either a historic architect that meets the SOI Qualifications in historic architecture and has demonstrable experience with the rehabilitation of historic adobe buildings, or an SOI Qualified architectural historian and a materials conservation specialist with expertise in the preservation and rehabilitation of adobe buildings. The selected consultant shall be available to assist the design and construction team throughout the execution of the project to ensure that treatment approaches compliant with the SOI Standards for Rehabilitation are being implemented.

The final construction plans shall include:
 Assessment of the building that focuses on the existing conditions of specific architectural systems (i.e. windows, doors, roof) and materials (i.e. adobe and wood siding). A condition assessment of the building’s structural systems and inclusion of mechanical and electrical systems shall also be included.  Preparation of detailed Standards compliant treatment recommendations related to the existing character-defining features of the Rosa Butrón Adobe and their preservation. In addition to the Standards, treatment recommendations should also take into consideration other appropriate guidelines and guidance documents, including publications by the National Park Service’ Technical Preservation Services.
 Description of recommendations related to the new construction at the Rosa Butrón Adobe. This should address fundamental issues including, but not limited to:
a. The appearance of the new rear elevation, including the forms, fenestration patterns, materials, and finishes;
b. How the new rear elevation will be integrated into the historic fabric of the side elevations, as well as the architectural and structural systems of the building, in a way that complies with the Standards; and
c. Recommendations related to landscape and site improvements around the Rosa Butrón Adobe, such as drainage, to continue preserving the building in its rehabilitated configuration.
 Treatment recommendations for the continued short- and long-term maintenance of the Rosa Butrón Adobe.

The above implementation requirements shall be incorporated into construction plan submittals and shall be administered by the appropriate City Planning staff responsible for the administration of the Historic Preservation Program to the satisfaction of the

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Community Development Director and will be required prior to the issuance of any building or demolition permits.
 CR-2 Monitoring Plan. The City shall verify all proposed treatments detailed in the approved Rehabilitation Plan are shown on relevant demolition and building plan sheets.

The implementation requirements shall be administered by the appropriate City planning staff responsible for the administration of the Historic Preservation Program to the satisfaction of the Community Development Director and will be required prior to the issuance of any building or demolition permits.

Mitigation Measure CR-3 Preconstruction Historic Resources Training. Prior to issuance of demolition and construction permits, whichever occurs first, all construction staff shall attend a preconstruction training session that outlines relevant information related to the treatment of historic resources. This training may be held by City staff affiliated with the City’s Historic Preservation Program, along with relevant consultants, including SOI-Qualified architectural historians, and/or contractors/craftsman with expertise related to the rehabilitation and preservation of adobe buildings. The training shall cover key concepts related to historic preservation practices and the City’s Historic Preservation Program, sensitive scope items related to the demolition and rehabilitation of the building’s historic core, and general site protocols and procedures during construction activities that are intended to protect and preserve the Rosa Butrón Adobe.  CR-3 Monitoring Plan. The City shall review the submitted training materials and trainers’ qualifications to ensure compliance with this measure.

Mitigation Measure CR-4 Construction Protection Protocols. At the time of application for demolition and construction permits, whichever occurs first, construction plans shall include protection protocols that will protect the Rosa Butrón Adobe during construction activities. These measures shall address issues related to the stabilization of any deteriorated materials at the historic buildings as identified in the Rehabilitation Plan, identification of appropriate construction equipment to be used on and in proximity to the historic adobe, and on-site security measures specific to preserving the adobe from vandalism or other human-related damage. Protocols shall also identify emergency procedures in the event of inadvertent damage during construction, or damage sustained in the event of a natural disaster. Final construction plans shall be subject to the review and approval of the Community Development Director.
 CR-4 Monitoring Plan. The City shall review submitted project plans and verify all protection measures have been identified on relevant plan sheets.

Mitigation Measure CR-5 Selection of Contractors with Rehabilitation Experience.

Prior to issuance of demolition and construction permits, whichever occurs first, the City shall review and approve the applicant-chosen contractor team for the relevant demolition, rehabilitation, and construction phases of the project that has demonstrated experience with preserving and rehabilitating historic resources. Special consideration shall be given to bid teams that have staff or subcontractors with experience in the treatment of adobe buildings.

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 CR-5 Monitoring Plan. The City shall review the selected contractor’s credentials and verify they meet the intent of this measure.

Mitigation Measure CR-6 At the time of building and/or grading permit application submittal, the project applicant shall retain a City of San Luis Obispo-qualified archaeologist to develop an Archaeological Monitoring Plan for the project. The plan shall include, but not be limited to:
a. List of personnel involved in the monitoring activities b. Description of how the monitoring shall occur;
c. Description of frequency of monitoring (e.g., full time, part time, spot checking); d. Description of what resources are expected to be encountered, including, but not limited to, mission-era artifacts;
e. Description of circumstances that would result in the halting of work at the project site;
f. Description of procedures for halting work on the project site and notification procedures;
g. Description of monitoring reporting procedures;
h. Specific, detailed protocols for what to do in the event of the discovery of human remains; and
i. Thresholds for reducing and/or discontinuing monitoring in the event resources are not present and/or the potential to encounter resources is negligible.

The Archaeological Monitoring Plan shall be reviewed and approved by City staff prior to the issuance of project building and/or grading permits.  CR-6 Monitoring Plan. The City shall review and approve the Archaeological Monitoring Plan prior to issuance of grading, demolition, or building permits.

Mitigation Measure CR-7 If cultural resources are encountered during subsurface earthwork activities, all ground-disturbing activities within a 25-foot radius of the find shall cease and the City shall be notified immediately. Work shall not continue until a City of San Luis Obispo-qualified archaeologist assesses the find and determines the need for further study. If the find includes Native American-affiliated materials, a local Native American tribal representative will be contacted to work in conjunction with the City of San Luis Obispo-approved archaeologist to determine the need for further study. A standard inadvertent discovery clause shall be included in every grading and construction contract to inform contractors of this requirement. Any previously unidentified resources found during construction shall be recorded on appropriate California Department of Parks and Recreation forms and evaluated for significance in terms of the California Environmental Quality Act criteria by a qualified archaeologist.

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If the resource is determined significant under the California Environmental Quality Act, the qualified archaeologist shall prepare and implement a research design and archaeological data recovery plan, in conjunction with locally affiliated Native American representative(s) as necessary, that will capture those categories of data for which the site is significant. The archaeologist shall also perform appropriate technical analysis, prepare a comprehensive report, and file it with the Central Coast Information Center, located at the University of California, Santa Barbara, and provide for the permanent curation of the recovered materials.
 CR-7 Monitoring Plan. The City shall verify halt work measures have been identified on relevant plan sheets. The City shall notify a local Native American tribal representative, if applicable. The City shall review and approve the resource evaluation and research design and archaeological data recovery plan, if applicable.

Mitigation Measure CR-8 In the event that human remains are exposed during earthdisturbing activities associated with the project, an immediate halt work order shall be issued, and the City of San Luis Obispo Community Development Director and locally affiliated Native American representative(s) (as necessary) shall be notified. California Health and Safety Code Section 7050.5 requires that no further disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains shall occur until the County Coroner has made the necessary findings as to origin and disposition pursuant to California Public Resources Code Section 5097.98. If the remains are determined to be of Native American descent, the coroner shall notify the Native American Heritage Commission within 24 hours. These requirements shall be printed on all building and grading plans.
 CR-8 Monitoring Plan. The City shall verify halt work measures have been identified on relevant plan sheets. The City shall notify a local Native American tribal representative and the County Coroner, if applicable.

Noise Mitigation
Mitigation Measure N-1 For the entire duration of the construction phase of the project, the following noise reduction measures shall be adhered to:
a. Stationary construction equipment that generates noise that exceeds 60 Aweighted decibels at the project boundaries shall be shielded with the most modern noise control devices (i.e., mufflers, lagging, and/or motor enclosures). b. Impact tools (e.g., jackhammers, pavement breakers, rock drills, etc.) used for project construction shall be hydraulically or electrically powered wherever possible to avoid noise associated with compressed air exhaust from pneumatically powered tools.
c. Where use of pneumatic tools is unavoidable, an exhaust muffler on the compressed air exhaust shall be used.

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d. All construction equipment shall have the manufacturers’ recommended noise abatement methods installed, such as mufflers, engine enclosures, and engine vibration insulators, intact and operational.
e. All construction equipment shall undergo inspection at periodic intervals to ensure proper maintenance and presence of noise control devices (e.g., mufflers, shrouding, etc.).
 N-1 Monitoring Plan. The City shall verify noise reduction measures have been identified on relevant plan sheets.

Mitigation Measure N-2 Construction plans shall note construction hours, truck routes, and all construction noise reduction measures and shall be reviewed and approved by the City of San Luis Obispo Community Development Department prior to issuance of grading/building permits. The City of San Luis Obispo shall provide and post signs stating these restrictions at construction entry sites prior to commencement of construction and shall maintain these signs throughout the construction phase of the project. All construction workers shall be briefed at a preconstruction meeting on construction hour limitations and how, why, and where noise reduction measures are to be implemented.  N-2 Monitoring Plan. The City shall verify construction hours, truck routes, and noise reduction measures have been identified on relevant plan sheets.

Mitigation Measure N-3 For all construction activity at the project site, additional noise attenuation techniques shall be employed as needed to ensure that noise levels are maintained within levels allowed by the City of San Luis Obispo Municipal Code, Title 9, Chapter 9.12 (Noise Control). Such techniques shall include, but are not limited to, the following:
a. Sound blankets shall be used on noise-generating equipment; b. Stationary construction equipment that generates noise levels above 65 Aweighted decibels at the project boundaries shall be shielded with a barrier that meets a sound transmission class (a rating of how well noise barriers attenuate sound) of 25;
c. All diesel equipment shall be operated with closed engine doors and shall be equipped with factory-recommended mufflers;
d. The movement of construction-related vehicles, except for passenger vehicles, along roadways adjacent to sensitive receptors shall be limited to the hours between 7:00 a.m. and 7:00 p.m., Monday through Saturday. No movement of heavy equipment shall occur on Sundays or official holidays (e.g., Thanksgiving, Labor Day); and
e. Temporary sound barriers shall be constructed between construction sites and affected uses.
 N-3 Monitoring Plan. The City shall verify noise reduction measures have been identified on relevant plan sheets.

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Mitigation Measure N-4 The project contractor shall notify residents and business operators at properties within 300 feet of the project of proposed construction timelines and noise compliant procedures to minimize potential annoyance related to construction noise. Signs shall be in place prior to and throughout grading and construction activities informing the public that noise-related complaints shall be directed to the construction manager prior to the City of San Luis Obispo Community Development Department.  N-4 Monitoring Plan. The City shall verify receipt of the notice and list of recipients.

SECTION 3. Action. The project conditions of approval do not include mandatory code requirements. Code compliance will be verified during the plan check process, which may include additional requirements applicable to the project. The City Council hereby grants final approval to the project (ARCH-0329-2022) with incorporation of the following conditions:

Planning Division

1. Compliance with Conditions. Final project design and construction drawings submitted for a building permit shall be in substantial compliance with the project plans approved by the Planning Commission (ARCH-0329-2022). A separate, fullsize sheet shall be included in working drawings submitted for a building permit that lists all conditions and code requirements of project approval listed as sheet number

2. Reference shall be made in the margin of listed items as to where in plans requirements are addressed. Any change to approved design, colors, materials, landscaping, or other conditions of approval must be approved by the Director or Architectural Review Commission, as deemed appropriate.

2. Demolition of Structures Older than 50 Years. Demolition of portions of the existing building shall not commence until a permit has been issued by the building official.

The applicant shall comply with Municipal Code Chapter 15.04 Construction and Fire Prevention Regulations, Appendix Chapter A2 Demolition and Moving of Buildings.

3. Colors and Materials. Plans submitted for a building permit shall call out the colors and materials of all proposed building surfaces and other improvements. Colors and materials shall be consistent with the color and material board submitted with the Development Review application. The color of the exterior siding shall match that of the updated renderings presented to the Planning Commission. All color and materials in final permit drawings shall be subject to the satisfaction of the Community Development Director.

4. Number of Parking Spaces. The applicant has been granted a concession to reduce the number of required parking spaces under State Density Bonus law. The number of parking spaces to be provided are 4 vehicle spaces and 26 bicycle spaces.

5. Bicycle Parking. Plans submitted for a building permit shall clearly depict the location of all required short and long-term bicycle parking for all intended uses. Plans shall show all areas designated for long-term bicycle parking such as bicycle lockers,

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interior spaces, or storage rooms. Short-term bicycle racks shall be consistent with the City Active Transportation Plan Design Guidelines and feature “hi-low style” campus racks (such as “Peak Racks”) or City-approved equivalent (inverted “U” rack designs shall not be permitted) and shall be installed in close proximity to, and visible from, the main entries into the buildings. Sufficient detail shall be provided about the placement and design of bike racks, lockers, and interior spaces to demonstrate compliance with relevant Engineering Standards and Community Design Guidelines, to the satisfaction of the Public Works and Community Development Directors.

6. Lighting Plan. Plans submitted for building permit shall include a photometric plan, demonstrating compliance with maximum light intensity standards not to exceed a maintained value of 10 foot-candles. The locations of all lighting, including bollard style landscaping or path lighting, shall be included in plans submitted for a building permit. All wall-mounted lighting fixtures shall be clearly called out on building elevations included as part of working drawings. All wall-mounted lighting shall complement building architecture. The lighting schedule for the building shall include a graphic representation of the proposed lighting fixtures and cut-sheets on the submitted building plans. The selected fixture(s) shall be shielded to ensure that light is directed downward consistent with the requirements of the City’s Night Sky Preservation standards contained in Chapter §17.70.100 of the Zoning Regulations.

7. Site Maintenance. The storage area for trash and recycling cans shall be screened from the public right-of-way consistent with §17.70.200 of the Zoning Regulations.

The subject property shall be maintained in a clean and orderly manner at all times, free of excessive leaves, branches, and other landscape material. The applicant shall be responsible for the clean-up of any landscape material in the public right-ofway.

8. Landscaping. The applicant shall submit a landscaping plan containing an irrigation system plan with submittal of working drawings for a building permit. The legend for the landscaping plan shall include the sizes and species of all groundcovers, shrubs, and trees with corresponding symbols for each plant material showing their specific locations on plans. The surfaces and finishes of hardscapes shall be included on the landscaping plan. All tree preservation requirements and tree plantings shall comply with the conditions herein from the City Arborist.

9. Fences. Plans submitted for construction permits shall include elevation and detail drawings of all walls and fences. Fences, walls, and hedges will comply with the development standards described in the Zoning Regulations (§17.70.070 –Fences, Walls, and Hedges).

10. Backflow Preventer. The location of any required backflow preventer and doublecheck assembly shall be shown on all site plans submitted for a building permit, including the landscaping plan. Construction plans shall also include a scaled diagram of the equipment proposed. Where possible, as determined by the Utilities Director, equipment shall be located inside the building within 20 feet of the front property line. Where this is not possible, as determined by the Utilities Director, the

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back-flow preventer and double-check assembly shall be located in the street yard and screened using a combination of paint color, landscaping and, if deemed appropriate by the Community Development Director, a low wall. The size and configuration of such equipment shall be subject to review and approval by the Utilities and Community Development Directors.

11. Noise Compliance. The design of proposed structures shall incorporate noise attenuating construction techniques that reduces noise exposure to acceptable levels. Exposure in outdoor activity areas must not exceed 65 dB and indoor exposure must not exceed 45 dB consistent with the City’s Noise Ordinance. Plans submitted for construction permits must clearly indicate and describe noise attenuation measures, techniques, and materials, and demonstrates their compliance with noise levels limits.

12. Signage. Prior to final occupancy, interpretive historical signage shall be installed to the satisfaction of the Community Development Director. The interpretive signs shall reflect all periods of significance and the cultural narrative of the site. The layout, content, and narrative of the interpretive signage shall be prepared by a qualified historic consultant and reviewed by the Cultural Heritage Committee.

13. Expiration of Entitlement. If the required building permits are not submitted for the site development within three years of this discretionary action, the approval shall expire. Requests for renewals may be granted in conformance with §17.104.070.

Housing Programs – Community Development Department

14. Affordable Housing Agreement. Prior to issuance of building permits, the City and the applicant shall enter into an Affordable Housing Agreement, to be recorded in the office of the county recorder. The agreement shall specify mechanisms or procedures to assure the continued affordability and availability of the residential units to low-income households, to the satisfaction of the Community Development Director.

Engineering Division – Public Works/Community Development

15. The building plan submittal shall include a complete site plan with all property lines, dimensions, easements, survey monumentation, public rights-of-way, and existing improvements for reference. The plans shall include the most current Boundary Survey summary and Record of Survey prepared by MBS Land Surveyors. The property line identifications shall correctly show and label the northerly property line, if the deed calls are to the centerline (thalweg) of Stenner Creek in accordance with the latest Record of Survey.

16. The building plan submittal shall show all existing private or public easements, including any shared driveway easement/agreement. The submittal shall provide copies of easements if not otherwise included as embedded links in a Preliminary Title Report.

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17. The building plan submittal shall show and reference any existing improvements to remain, including any encroachments of site, structure, or utility improvements from the adjoining properties. The site/civil plans shall show and reference the “sliver” parcel and related survey monumentation for reference.

18. The building plan submittal shall include a complete site development plan showing all existing and proposed public and private improvements including utility identification and abandonments.

19. A pre-construction meeting shall be scheduled by the developer prior to the commencement of any construction activities including but not limited to demolition, construction staging, site preparation, or tree removals/pruning. The inspection shall include the contractor(s) of record, building, public works, and stormwater inspectors, City Arborist, project planner, and City Natural Resources Manager or City Biologist.

20. The applicant/contractor shall provide written notice to the neighboring property owner and tenants located at 460-464 Dana 90 days prior to commencing with construction that could affect their access. A copy of said notice shall be provided to the City Planning Division. If the original notice only includes a general schedule, a separate notice(s) with detailed access closures, etc. shall be provided a minimum of 10 days prior to any closure.

21. A separate encroachment permit will be required for all work or construction staging within the public right-of-way.

22. Any sections of damaged or displaced curb, gutter, and/or sidewalk shall be repaired or replaced to the satisfaction of the Public Works Department. The plans shall show or note the limit of the known sidewalk replacement. All or portions of the existing detached/parkway sidewalk improvements may need to be replaced with integral sidewalk per City Engineering Standards. The applicant shall contact the Engineering Division to coordinate a detailed site walk to clarify the limits and types of improvements to be shown in the building plan submittal.

23. The details of the existing driveway approach, if proposed to remain, shall be included in the plan submittal. If proposed to remain, a design exception may be required to the approval of by the City Engineer.

24. The plans shall show and label all existing frontage improvements and utilities located along the Dana Street frontage. Additional clarification may be required to determine whether one or more sewer laterals may exist along the parcel frontage.

The plans shall identify the 1” pipe/valve that is located within the parkway. The valve and any piping shall be abandoned or upgraded per City Engineering Standards to the satisfaction of the City Engineer.

25. The site plan shall provide any additional information or discovery on the abandoned piping system and improvements located near the top of creek bank. The plans and reports shall clarify where the existing or former private waste disposal system, septic tank, and/or leach fields might exist. If not discoverable or if records of their

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abandonment do not exist, the plan shall include notes to provide direction to the contractor(s) on the steps to take upon any discovery of a former private waste system.

26. The site plan shall show all existing buildings and improvements along with the proposed disposition. Neighboring structures and site improvements shall be shown for 464 Dana for reference. Show all existing and proposed parking areas and compliance with the Parking and Driveway Standards.

27. The site plan shall show and label the existing sections of historic granite curbing (2 sections) leading into the existing unimproved parking area. The plan and reports shall clarify the proposed disposition or re-use of the granite. If not proposed or conditioned for use within the site, these sections shall be retained as City property.

28. The site plan shall show the location of the solid, recycle, and green waste container storage areas per City Standards and guidelines. The solid waste container placement in the public right-of-way shall be shown and noted on the plans to the satisfaction of the Public Works Department and San Luis Garbage Company.

Special curb painting or other strategy may be required to accommodate the weekly placement and pick-up of the containers to the satisfaction of the City.

29. Provide a complete and accurate site plan showing all existing and proposed utilities, and utility abandonments. The plan shall show and label both the existing overhead electrical service and separate tele-com wiring service drops for reference. The plan shall clarify that all wire services to the existing and proposed units shall be underground. Provide a proposed utility plan for reference. The plan should show and note that all wire services to the new campus shall be underground. The utility/demolition plans shall show the existing gas service and note the termination at the gas main in accordance with City and Gas Company standards.

30. The PGE preliminary memo and final handout package shall be reviewed and approved by the City prior to commencing with the pertinent construction. The undergrounding of the electrical service and tele-communication wiring shall be accomplished without a net increase in utility poles located within the public right-ofway unless specifically approved by the Community Development Director.

31. The plans and reports shall clarify the proposed and required fire sprinkler system(s) to the satisfaction of the Building Division and Fire Department. The residential systems shall be in accordance with City Standards and the pertinent NFPA Standards. Unless an amended underground is approved for a 2” service lateral, the plans and related standard references shall be amended. Likewise, if a 2” underground service is endorsed, the plans shall reference the appropriate 2” fire service standard.

32. The final foundation design shall show and note compliance with the California Building Code for vertical and lateral loading, tree preservation requirements/strategies, and the Floodplain Management Regulations.

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33. Provide a preliminary grading and drainage plan for reference. Include some analysis of the adjoining upslope watershed to clarify whether run-on is expected in non-flood storm events. The project shall show how any run-on will be accepted and conveyed in a non-erosive manner to an approved outlet.

34. The plans and submittal shall show and note compliance with the Drainage Design Manual (DDM), the Floodplain Management Regulations, and the Post Construction Stormwater Regulations (PCR’s).

35. The preliminary drainage report shall include a response to the bulleted items in Section 2.3.1 of the DDM. This area may be considered part of the in-fill area of downtown. The report may still need to consider the project impacts on existing and proposed flooding depths and velocities in accordance with the Floodplain Management Regulations and FEMA requirements. The report may need to be expanded to analyze and clarify the difference in flood storage volume, worst-case pre vs. post cross-section, and analysis of the ultimate foundation design.

36. The plans and reports shall show and note the Base Flood Elevation (BFE) in accordance with the FIRM and FIS. The plans and reports shall clarify the strategy for elevating the new structures and building service equipment at least 1’ above the BFE. Additional freeboard beyond the proposed 1.1 foot is recommended to avoid conflicts based on normal construction tolerances and to improve the resiliency of the campus. The detailed plans for the units shall be provided in conjunction with this analysis to confirm whether any additional freeboard/protections are required for building service equipment, ducting, envelope insulation, etc. in accordance with FEMA standards. Depending upon the final design and analysis, the certification of the design elevation of the foundation system/finish floor may be required prior to foundation inspection approvals.

37. The plans and project description should clarify the scope of work and proposal for the remodel of the existing residence to remain. Show the finish floor elevation of the adobe structure compared to the Base Flood Elevation. Show and note compliance with the regulations for the proposed remodel/adaptive reuse of the existing historic structure and how structures that are substantially remodeled and/or substantially damaged comply with the current regulations. This Master List Historic structure is considered to be exempt from these provisions if the structure remains as master listed after the remodel. Any new building service equipment or utility are not exempt from compliance with the regulations and protection from flood damage.

Some passive protections or “dry” floodproofing are recommended for the existing structure to remain.

38. The final drainage report shall show and note compliance with the PCR’s. Provide a completed checklist and supporting plans and exhibits that document the existing and proposed impervious areas, performance requirements, and proposed performance strategies. The analysis shall include a detail of all existing and proposed impervious surfaces. Unless otherwise exempt, the plan and analysis shall include the square footage of all new or altered “impervious” walkways, ramps, deck

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structures, parking areas, and drive aisles. The plans and report shall clarify how the DMA-A2 drainage area that has run-off directed toward Dana Street will be treated for Performance Requirement 2 (PR-2), water quality.

39. The building plan submittal shall include the complete site plan and tree survey.

Show and note the diameter and species of each tree. Include a summary of trees to be removed, relocated, or retained along with any pertinent tree protection measures. The plan shall show and label any off-site trees that have tree canopies/root zones that could extend into this campus and could be affected by the proposed construction. The plans and reports shall include all tree protection notes and improvements to the satisfaction of the consulting arborist and City Arborist.

City Arborist – Public Works

40. The project shall replant, at a minimum, one tree for every tree removed. All trees replanted shall be 15-gallon or 24-inch box trees. If the compensatory trees cannot be accommodated onsite to the satisfaction of the City Arborist, they will be required at a 2:1 rate offsite. Tree species and size selections are also subject to City Arborist approval.

41. Street trees are required at a minimum rate of one (1) 15-gallon street tree for each 35 linear feet of frontage. The plans shall show all existing and proposed street trees.

Tree species selections are subject to City Arborist approval.

42. All compensatory trees shall be planted per the City’s Engineering Standards for tree planting prior to final building inspection. All trees planted as part of a compensatory plan shall survive and any trees that do not survive or establish in good health shall be replanted.

43. The building plan submittal shall show all existing trees to be removed and trees to be retained. The plan shall show any neighboring trees with canopies/root zones within the area of construction disturbance. Tree protection measures shall be shown and noted on the building plans in accordance with the Tree Assessment (December 15, 2023) to the satisfaction of the City Arborist.

44. In accordance with the Construction Best Practices outlined in the Tree Assessment, the Project Arborist shall review and approve the proposed tree protection measures prior to commencing with any demolition, grading, or construction. The Project Arborist shall approve any safety pruning, the cutting of substantial roots (greater than 2-inches in diameter), or grading within the dripline of trees. A city-approved arborist shall complete pruning using ISA best practices. All required tree protection measures shall be shown or noted on the building plans.

45. A substantial amount of work will be taking place in the critical root zone of both a 30-inch DBH and 36-inch DBH Coast Live Oak. Additional tree protection measures need to be put in place to protect the critical root zone to the satisfaction of the City Arborist. This could include the use of plywood or the application of thick mulch to minimize compaction to the critical root due to foot traffic or construction equipment.

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The Project Arborist shall be onsite to monitor any digging, or boring taking place in the critical root zones of any trees to be protected.

46. Consider removing the 37-inch DBH Avocado, shown as protected in the Tree Assessment Report. Avocados are known for their shallow and sensitive root systems. The grading for the ADA parking could send the tree into decline. Older trees can be considerably more sensitive to damage than younger trees. The tree’s canopy will also need to be cut back to prevent avocados from falling the parking lot area. This loss of canopy will also negatively affect the tree’s ability to recover from damage to or loss of its critical root zone.

47. California Fish and Game Code Section 3503.5 and the Migratory Bird Treaty Act of 1972 prevents the removal of trees with active nests. To account for most nesting birds, removal of trees should be scheduled to occur in the fall and winter (between September 1st and January 31st) and after the young have fledged. If removing trees during the nesting season (February 1st to August 31st), a qualified biologist shall inspect any trees marked for removal that contain nests to determine if the nests are active. If there are active nests, trees shall not be removed and may only be removed once a qualified biologist provides a confirmation memo that breeding / nesting is completed, and young have fledged the nest prior to removal of the tree to the satisfaction of the Community Development Director or City Biologist.

48. A final landscaping plan, including irrigation details and plans, shall be submitted to the Community Development Department along with working drawings. The legend for the landscaping plan shall include the sizes and species of all groundcovers, shrubs, and trees with corresponding symbols for each plant material showing their specific locations on plans.

Natural Resources – Office of Sustainability

49. Nesting Birds. All tree removals associated with development at the project site shall be scheduled to occur outside of the typical nesting bird season (February to September), to avoid potential impacts to nesting birds in accordance with Government Code Section 3503 and 3505.5.

50. Sediment and Erosion Control Plan. Plans submitted for a building permit shall include a sediment and erosion control plan that protects the creek banks and channel from erosion and prevent sedimentation of the creek near and downstream from the site. Current Best Management Practices (BMP) should be utilized.

Washing of concrete, paint, tools, or equipment shall occur only in areas where polluted water and materials can be contained and removed from the site.

51. Construction Buffer. Prior to construction activities of any new structures in areas within 20 feet of the channel, a setback area of 5-feet from the outer edge of riparian vegetation will be fenced with orange construction fencing and signed to prohibit entry. To control sedimentation during and after project implementation, silt fencing shall be installed adjacent to, and outside the orange construction fencing. Once

Resolution No. _____ (2025 Series) Page 23
R ______
construction in the 20-foot setback is complete, the fencing may be removed.

52. Construction Site Maintenance. During construction, no litter or construction debris shall be placed within the setback. All such debris and waste will be picked up daily and properly disposed of at an appropriate site. In addition, all project-generated debris, building materials, and rubbish will be removed from the setback and from areas where such materials could be washed into the channel.

53. Construction Activity. All refueling, maintenance, and staging of equipment and vehicles shall occur at least 50 feet from the channel and in a location where a potential spill would not drain directly toward the channel. Prior to the onset of work activities, a plan will be in place for prompt and effective response to any accidental spills.

54. Creek Preservation. Plans submitted for a building permit shall not include any improvements, modifications, or grading within the top of bank of the creek channel.

Utilities Department

55. The building permit submittal shall include a site utility plan showing the size of existing and proposed sewer and water services. The proposed utility infrastructure shall comply with the latest engineering design standards effective at the time the building permit is obtained and shall have reasonable alignments needed for maintenance of public infrastructure along public roads. All residential units are to be individually metered. Backflow preventors shall be provided for the domestic and landscape (if required) water meters, to the satisfaction of the Utilities Director. Fire flow service shall pass through a double-check backflow device.

56. The building permit submittal shall include a final landscape design plan and irrigation plan and shall identify the square footage of landscaping proposed as part of the project. If greater than 500 square feet, applicant shall provide a Maximum Applied Water Allowance (MAWA) calculation. The project’s estimated total water use (ETWU) to support new ornamental landscaping shall not exceed the project’s maximum applied water allowance (MAWA). If the project includes one thousand square feet of landscaping or greater, the project shall provide a separate city-owned landscape water meter.

57. Plans submitted for a building permit shall comply with the City’s Development Standards for Solid Waste Services. Plans shall show the location and size of the bin enclosure(s) that can store the required containers for waste, recycling, and organics. Plans shall show the location of the discarded materials containers during pickup if different than the location of the proposed enclosure(s). Provide a copy of the service review letter from San Luis Garbage within the plan set.

58. Potable city water shall not be used for major construction activities, such as grading and dust control. Recycled water is available through the City’s Construction Water Permit program.

Resolution No. _____ (2025 Series) Page 24
R ______
Fire Department

59. Plan sets shall include a separate sheet/s titled F identifying the following fire and life safety features for the specific project. Site or Civil work involving water supply information, underground fire line size and location, fire apparatus access and turnarounds, location of public/private fire hydrants, fire lanes, location of backflow device, fire department connection, maximum grade and cross slope, and other information pertinent to the site. An architectural drawing showing location of fire sprinkler riser, fire alarm control panel, Knox Box, address numbers, suite numbers, exiting plan, exit signs, emergency lights, fire extinguishers, door/hardware schedule, duct detectors, elevator/shaft information, high piled storage areas, trash locations, required signage, location of exterior awnings, or any other pertinent information pertaining to the project.

60. Sheet/s titled F shall contain a fire department NOTES section containing requirements for the individual project. Comments or notes which have been cut and pasted from previous projects which do not pertain to, or contain wrong information for, the project being reviewed will be returned for correction and cause a delay in the plan review process. An example of a standard note might include (Buildings undergoing construction shall maintain fire safety at all times and shall be in accordance with Chapter 33 of the 2022 California Fire Code). Notes should also include any deferred submittal items such as fire protection systems or rack storage.

Be mindful that all code references shall be to current code editions.

Resolution No. _____ (2025 Series) Page 25
R ______
Indemnification

61. Indemnification. The applicant shall defend, indemnify and hold harmless the City and/or its agents, officers and employees from any claim, action or proceeding against the City and/or its agents, officers or employees to attack, set aside, void or annul, the approval by the City of this project, and all actions relating thereto, including but not limited to environmental review (“Indemnified Claims”). The City shall promptly notify the applicant of any Indemnified Claim upon being presented with the Indemnified Claim and the City shall fully cooperate in the defense against an Indemnified Claim.

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

AYES:

NOES:

ABSENT:

The foregoing resolution was adopted this _________ day of __________ 2025. ___________________________
Mayor Erica A. Stewart
ATTEST:
______________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
______________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on ______________________. ___________________________
Teresa Purrington
City Clerk

RECORDING REQUESTED BY:

Ticor Title Insurance Ccopa
WTIEN RECORDED MAIL TO:

City of San Luis Obispo Attorney
P. 0. Box 8100
990 Palm Street # 10
San Luis Obispo, Ca. 93403 - 8100
DOC. NO.. 50159

OFFICIAL RECORDS
SAN LUIS OBISPO CO., CA
JUL 2 6 1989
FRANCIS M. COONEY
Escrow No. 165097 - LS ( DS) County CJerk- Recorder

THE UNDERSI DECLARES
TIME
wun.
9 : 05 W
IaX IS F rbcacTrHt.

DOCUM.EE<`TI'ARY 5r' ' 11
Computed on full value ( Donation)
In the City of San Luis Obispo GRANT DEED
A. P. N. 002 - 401- 002FOR VALUABLE CONSIDERATION,
I
o00 RF.
o00CABL
4228
y f

FILED FEE PAID E MPT OUT OF
STATE
receipt of which is hereby acknowledged,
and subject to the covenants, conditions, restrictions and reservations set forth, MARY GAIL BLACK, a single woman, Grantor, does hereby grant to the CITY OF SAN LUIS OBISPO, A MUNICIPAL CORPORATION, the hereinafter described real property in the City of San Luis Obispo, County of San Luis Obispo, State of California, commonly referred to as 464 and 466 Dana Street, properly called the Canet Adobe ( rather than the " Simmler Adobe" or the " Waterman Adobe" as it is sometimes referred to) with the request that the adobe and two adjoining wings that make up the old house, and the trees on that property be maintained by the city for park or recreational purposes, and that Mildred Waterman' s name be included in any name that the city gives to this park area. Said property is described as:

ALL THAT PORTION OF BLOCK NO. 60 OF THE CITY OF SAN LUIS OBISPO IN THE

COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA AS LAID DOWN AND DESIGNATED UPON THE MAP THEREOF COMPILED BY HUBERT C. WARD, CITY SURVEYOR, NOVEMBER 1878, AND FILED FOR RECORD ON JUNE 24, 1882, BOOK A, PAGE 168 OF MAPS IN

THE OFFICE OF THE COUNTY RECORDER OF SAN LUIS OBISPO COUNTY, CALIFORNIA DESCRIBED AS FOLLOWS:

COMMENCING AT THE MOST SOUTHERLY CORNER OF PARCEL " B" OF PARCEL MAP SLO 76 - 565 RECORDED IN BOOK 22, PAGE 76 IN THE OFFICE OF THE COUNTY RECORDER; THIS IS THE POINT OF BEGINNING; THENCE ALONG THE NORTHERLY LINE OF DANA STREET, SOUTH 53 ° 07100" WEST A DISTANCE OF 4. 98 FEET TO A POINT; THENCE CONTINUING ALONG SAID NORTHERLY LINE OF DANA STREET SOUTH 37 022' 00" WEST A DISTANCE OF 137. 00 FEET TO A POINT; THENCE LEAVING THE NORTHERLY LINE OF DANA STREET NORTH 52 038' 00" WEST TO THE CENTER OF STENNER CREEK; THENCE

NORTHEASTERLY ALONG THE CENTER OF SAID CREEK TO THE MOST WESTERLY CORNER OF PARCEL " B" OF SAID PARCEL MAP: THENCE ALONG THE WESTERLY LINE OF SAID PARCEL " B" TO THE POINT OF BEGINNING.

Reserving unto MARY GAIL BLACK a Life Estate during the remainder of her natural life in and to said real property and premises and all Improvements thereon, including but not limited to, the sole use, control, benefit, and income of all of same during her natural life.

R R Lh
By acceptance of this deed, said City of San Luis Obispo, hereinafter referred to as " City ", agrees: JUL 3 1 1989 CLERK

1. To provide water for said property, which shall include C1- 1 Y

OBISPO, CA
maintaining continuous water service for Grantor, Grantor' s tenants and I UL 3355 PAGE 683- Page 495 of 727
the yard to said property during Grantor' s lifetime, and the payment of any and all bills for said service.

2. To provide insurance coverage on said property and Grantor' s adjoining property commonly known as 460 and 462 Dana Street. so long as that property is also owned by Grantor during her lifetime. That coverage shall include Grantor' s homeowner' s, fire, liability and flood insurance to the same extent that she presently has for said property.

3. To maintain the structures, utility services and yard area on the described property. Said maintenance shall include structural roof repair as needed, yard maintenance including thinning and trimming of trees and shrubbery substantially as the yard is now, and keeping the water and sewer services operable. Nothing provided for herein should be construed as preventing Grantor from calling an electrician, plumber or other service repairman in an emergency, in which event the City will be responsible for said emergency service bill. Except as provided herein, City will be responsible for any necessary repairs to said structure unless the necessity is denied by the City within ten ( 10) days of receiving written notice that said repair or maintenance is required.

4. To be responsible for all real property taxes and assessments imposed upon said property from the date of this deed.

5. To allow ingress and egress over the driveway along the southwesterly 12' of conveyed property to provide access from Dana Street to the residences at 460 Dana and 462 Dana Street, Grantor' s adjoining property generally described as San Luis Obispo County Assessor' s Parcel No. 02- 401 - 11.

6. To disallow the public use of said property during the lifetime of Grantor.

7. In the event of failure to comply with any of the covenants and conditions herein contained, said City, and any successor thereof, shall forfeit all title to said real property and, in the event of any such forfeiture, title to said real property shall revert to Grantor.

Dated this 6th day of January, 1989.

MARY GAIL BLACK
Vu JS" ' ' Page 496 of 727 v
PARE 84

STATE OF CALIFORNIA )
ss.

COUNTY OF SAN LUIS OBISPO )
A'-1a — 3
Pd
On , 1989 before me, the undersigned, a Notary Public in and for the State, personally appeared MARY GAIL BLACK, personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same.

WITNESS my hand and official seal.

2.d ca:d/d
P1. dzawu
Notary Public
GERALD W. SHIPSEY

NOTARY PUBLIC
SAN LUIS OBISPO COUNTY .

CALIFORNIA
MY C xnmission Expires on June Z 1989
VuL J 55 PAGE 5

C E R T I F I C A' T E O F A C C E P T A N C E
THIS IS TO CERTIFY that the interest in real property conveyed by the

GRANT DEED
dated January 6 19 89 from

MARY GAIL BLACK
to the CITY OF SAN 016 OBISPO; a Political Corporatlon, ie hereby accepted by the undereigiied officer on bioihjf of the City Council pursuant to authority conferred by Resolatlon No. 5370 ( 1884 Series), recorded June 161 1984, in Volume 2604, Official Records: Page 878, Son Luis Obispo .

County; California, and the Grantee consents to recordation thereof by its duly authorized officer or his agent.

Date:

ITI,
r . ' K, es City Cl

CITY OF SAN LUIS OBISPO
Aq
on Dunin, Mayor
WL 3355 PAGE 686 Page 498 of 727
V .

RESOLUTION NO. 6512 ( 1988 SERIES)

A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING A GIFT OF REAL PROPERTIES LOCATED AT 464 AND
466 DANA STREET, SAN LUIS OBISPO, CALIFORNIA AND

APPROPRIATING NECESSARY FUNDS TO ACCOMPLISH MAINTENANCE

RESPONSIBILITIES FOR THE DURATION OF THE LIFE ESTATE

AS OUTLINED IN GRANT DEED
WHEREAS, Miss Mary Gail Black is desirous of granting to the City of San Luis Obispo Real Property located at 464 and 466 Dana Street for park or recreation purposes; and
WHEREAS, Miss Mary Gail Black reserves a Life Estate during the remainder of her natural life in and to said property and premises; and WHEREAS, Miss Mary Gail Black requests that the City of San Luis Obispo assume certain maintenance responsibility for the grounds and premises as a condition of this grant; and
WHEREAS, the City of San Luis Obispo is desirous of accepting this grant of Real property and premises for park or recreation purposes; and WHEREAS, the City of San Luis Obispo accepts certain maintenance responsibilities as outlined in the Grant Deed, a copy of which is hereto attached for reference and marked as Exhibit " A ".

NOW, THEREFORE BE IT RESOLVED as follows:

1. The City of San Luis Obispo accepts this most generous grant of Real properties and premises located at 464 and 466 Dana Street from Miss Mary Gail Black; and

2. The City of San Luis Obispo agrees, to the conditions of the Grant t
Deed and appropriates funds in the amount of $7, 100 to accomplishing the required maintenance for Fiscal Year 1988 - 89.
c r
R6512
VOL J 55 mt 697

4 Resolution No. 65 ( 1988 Series) ' ' page 2

3. The City Clerk' s Office shall furnish a copy of this Resolution to: Miss Mary Gail Black, the Director of Recreation and the Director of Public Works.

On motion of Councilman Settle , seconded by Councilwoman Rappa and on the following roll call vote,:

AYES: Councilmembers Settle, Rappa, Pinard, Reiss and Mayor Dunin NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 4th day of October , 1988.

ATTEST
city. C1 k, Pamela Voge
APPROVED:

Qftty-A inistrative Officer
City At ney
D rector of Finance
irector of0i blic Works
of Recreation
VOL 3355 PAGE 68$

END OF DOCUMENT

**x REPRiNT **x
City of San Luis 0bjspo Fjnance
990 Palm $treet
San Luis 0bjspo, CA 93401
(805) 781-7124 r^rww,slocjtY.org
Thank you for your payment.

Have a nice day!
Iuesday Dec 17 ?024 02:31 :]9 Pl',|
Clerk - l,lisc Revenue (CLERKREV)
CITY COUNCIL APPEAL COSTS 2,583 . 48
Total 2,583.49
Check 1 175 2,583 .48
Rcceived From: SAN LUIS OBI$PO PROPERTY
OI||NER$ ASSOCIATIOI,I INC,
Recejpt # : f inance- 17172024-34
Cashien Patrick Koski

OEC I 7 2024
CLERK sLo ctw

APPEAL TO THE CITY COUNCIL
Filing Fee
M nppicanVNon-Appticant: $2,589.46
"rI&p
SFCTIOTf 4. APPELLANT INFORMATION
si+Al l,t-ttf fpafd2,ry tr$> BWiwsJ B'wM.leS frSfidlATarN r- ul L./t I tL,tr !r5t5 r\t'L\ttvrru
Mailing Address and Zp Code
F, tsA42/+5ct/ /arn scharc-. @ 4o / t(:a/h
Email
Name
^z uilo
.S-rcffi{ote 6 rtlx PA p, Lz{ Pra ato Representative's Name [Ze*r(-f4,ift.fsta fs{e/ Mailing Address andZip Code
E,A
'U/rpPhone
o dLlT'G' a-e/, (,r'74 Title
Email
eEr^7rl.l^t r ef ,Ef Ig;FT ,-TE
^OE Ent

1. ln accordance with the procedures set forth in Tifle 1 Municipal Code or Tiile , Chapter 1.20 of the San Luis Obispo appealthe decision of
17, Chapter 12.126 of the San Luis Obispo Municipal Code, I hereby the:

PLmv*WifyG (rttrfrtl st{Ai' tyu. Wc: //) 'tcq
(Name fr fiaA DANA Sffuo67 9Ln'',jW of Officer, Committee or Commission decision being appealed)

2. The dale the decision being appealed was rendered: ,z{;7"//" 3 The annlicalion or nroier:f was entifled
f,:6u'

4. I discussed the matter with the ity staff member:
f;Avt t> A"tl tN l/
following C
(Staff
l/*as/N> cla oN;tN/rlbF l2kc; 7'4 Ztz+ Member's on Name and Department) (sy"yrt,i.NfT N^tbLgffiFN/" (Date)

5. Has this matter
luar "72' F;,i*;ifl|]1:,l/t!,#Hiir-'ppeat? rr so, when was it heard and by whom Explain specifically w][g!action/s you
"t ":ry":?fing
and vyhv you berieve the councirshould consider I:[:tn:i:T':f E* ffi,Ifl g:",llx;Tpi,t-Jvo,,, appear vou i iv aft ach "
aa ii iiir-'
SECI'O'V 3, REASO'V FOR APPEAL
Revised and Published 1OlO1lZ4

*
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Reaso,4 for Appeal continued t - / \
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"ffi ,ry ffi? ffiT *z,rt rWffr, ffiffiffi dtl
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City Manager
Department Head
Advisory Body Chairperson
. Advisory Body Liaison
City Cterk (originat)
Revised and Published 1OtO1lZ4
tu* /va/ fur*t,ted frt fu fuA,f
or, fl< h
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Council associated with City consideration of an appeal, including publib notification , allappeals pertaining planning to a application or ploject are subject to the following which must accompany the appealform: $2,583.46 filinq feen I hereby agree to appear andlor send a repres,entative to appear on my behalf when ,s for a public /2
City Councit. *
r*#.rc,it - '' /*A /4 Zel"q
the
-/7 /
ir(,ul iDgiit iu'-e;ii;iu"it aii app{tai uutiie:t wiif} uelliiiii ie_:tFrui-rsiriitnte\r. please lI you ile a;l appeat, arising
understand t!1Ut must be rr'earo within a5 d"vriror riring this form,, except for matters governed
under Title 17 (zoning Regulations) of the san r-ris obispo Municipal code shall be heard before
by those chapters. You will be notified in writinj of the exact date your appeat wi1 be the Councit. you or^ yorr iupi"."nLli"i-ryUE" *o."tgd t" "ttrm haarinn anrl rhe,pubtic {^ hr: nranarar{ {n rnaLa .r.r, i. ".ooJ-V^,,-.ffirnnrr i<r ri;i+a;l;;Frninr rroc A continuance may be granted under certain and unusual circumstances. lf you feel you need to request a continuan-ce, you must sybmit vou, eqr"st in writing to the city clerk. please advised that if your be request for iontinuance-is reieived "ii"i tn9 "pp"i ir noti""o to the public, council may the vvvu
not be abig to grant the reluest for continuin"" submifting a request for continuance rrv. vuerstrlvv .rru.,L ,rr;r;,r' ;u vr-rr.--; ,rru, uurrurr ru q. rr-re ui'uururrurr-ur- r.rru'Jr;r, J,ruur)uriri. t{aV",-l*/,'f"
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oave riltc vteiw,oou iviiirtary irienluritrr Lrc;,"rr-Cotn. v. Ciiy..,, i-ru e.rr.a1rgr,cd tuuo... 263 Cal,Rptr. 896
" 215 Cal.App.3d 1003
. l'-nrrrf ^f 4it;rnnt Fnrrrth F)icfricf f)irriqinn ?, Cllifnrnir

SAVE THE WELWOOD MURRAY MEMORIAL
! IBR,A.RY C0IlL4lT'fnF" cic., Plsirrtiff lnd Respondent, V.

L'ITV CO!]NCI!- OF THE CITY OF PALM
SPR.Ii\CS, ct a1., Defendants ard appeiiants.

No F.005844.
lNov. 16, 1989.

I
As Moditictl Dcc. l, 1989
Synopsis
Nonprofit unincorporated association, which was formed to stroo p.rirliv iiL,a,.", ilic.i pciiii.r,, i'r,i wrii ul ,,,orr,,l.tu iu pre\/ent sale of- library properry to developer. The Superior Court, Riverside County, Noah Ned Jamin, J., entered
judgment directing that writ of mandate issue to compel city to vacate and set aside participation agreement between -ir., an.l d.-.,at.'^ar /ritt. giiJ 1rFA1'!,..1 Th+ aa!,* .,f A,rn++.l ltt/ yn.aiJi. i ;lt i.Ui;:. v. ^ lpFi*i, McDaniel. J., held that: (l)proposed use of librarv properq for dining tables, chairs and related equipment and to
provicle opel ai'ea for pcdestiiarr traflic i-iom irearby streets to commercial development was not consistent with library n! ! !-nnqes' (r) rvrit di r! n ot im rrerm i ssihlv i ntn rde unon rel etrant ". aciurinistraiive bodies'discretion as io use ofiibrary prqperiy; and (3) declaratory and injunctive portions ofjudgment, with .,;',. .'.,,1; G,..,ci,,*,.,^.,, 1,,,..,11., i,,..ri fi.-,I \/rr! rrrwurrr!4rrvl(r rv!rL rL5(trrJ Jgirrlruu, Moclified and afi]rmecl
Procedural Posture(s): On Appeal
West Headnotes (9)
Ill lVlandarnus Decisions reviewable and
proller iprrdg 6f 1e1rierry
' Appeal does not lie from peremptory writ of
mandate
Applicable t?st f,-.r determining ivhether
proposed use of property, which was deeded
to city fbr use as library was permissible
*as u'hether proposed use u'ou!d "dirr,'ctlv
contribute" tb the dedicated purpose, not whether
prooosed use was "consistent" with the dedicated
pirrpose; where grant deed is for specified,
limited and definite purpose, subject of the grant
cannot be used fbr another and dilferent Duroose.
4 Cases that cite this headnote
t3l Covenants Nature and operation in general
Proposcd iisc of proltcit;' for iliiting tablcs, chairs alld related equipnrent and to provide, open
area for pedertria.n i.rffic fi'orn neirrh)/ streeis
to commercial development was not consistent
with library purposes and, thus, proposed use
was not perrnissiblc fbr property, which was
deeded to city tbr use as library; proposed
use did not directlv facilitate the acquisitjon,
retention, storage and use ofbooks, manuscripts
and similar materials,
i4l Mandamus Pubi/c buildines and other
property
Writ of mandate compelling city to vacate and
set aside particii;ation agrecnlent rvith cleveltper.
conceming use of property deeded to city for
rrse as lihrarv did not inrpermissiblv intnrde rrpon
""relevant administrative bodies' discretion as to
use of the property; language of writ.did not
prevent eig frorn removing sections of library,
from conveying easenrents or other legal rights
over the propertv or from otherwise undertaking
any acts necessary for library purposes, but
ratheq merely commanded city not to undertake
any actrons rt' theywere done pnmanly tor
nonlibrary puipose oi if they inteifered witlr
library use.
1 Case that cites this headnote
&Iandaruus Judgnrentor-clrder
Writ of mandate. which'compelled citv to
vacate and set aside participation agreementwith
developer regarding use of property deeded to
i21 Cuvciianis },iai.ui'e aiid opelatiun iu gerer.ai
lsl

263 Cal.Rptr. 896
;iiy"i'.,' ucu cJ liLrai j l;..1 i; 5;,,i+.lij'l,..1 i. i .l.'f-:.i.j city right to pursue temporary ,.interferences,'
with librarv use when temporary interference is
done primarily for library use.
t6l Dedication,.- Misuser or diversion
Puhlic tnrst is cieeted 'r.r.hen propert5,is helrl hy
public entity for benefit ofgeneral public.

I f'rt-e tlrqt nites fhic h-xrln1,r1o
i?l "Dedic,rtio$ h{isuser or di",crsion
Any attempt to divert use of property, which
1i,as ileeded ro cig io be used by cig for
benefit of general public as public library, trom
its dedicated purposes or uses incidental tiereto
rv.iuld ccirst,tutc uliia i,iies ail.
2 Cases that cire this headnote
l8l Injunction .-" Covenants as to Use of
Flopcii;;
fniunction Sale. lease. or other disposition
Iniunction would not lie to nrevent aitv fronr
making express legislative determination that it
would be in best interests of city and its citizens
ro cease using property, which was deeded to
city fbr use as library. for library purposes.ancl
io aiiow property to reveri to gr.aniors' heirs,
however, injunction would lie to enjoin city from
undertaking acts which would constitute breacfr
or"lhe corrdit.iots arrd sovsnauts irllire deed, even
ifthe acts were authorized as part oflegislative
ilecisiiin, whel lhose acts'"votilc! result in loss of
propefty held fbr public benefit withour express
legislative determination that loss of the properry
wal in ths public's best inteiests
2 Cases that cite this headnote
I9l Mandamus .. Costs
Nonpro-tri unincorporateci associa{<ln, which
was formed to save public library and whieh
iiieti pei.ition fol rvi-ii cij'manilate to pr-event sale of library property to developer, was entitled
to attomey fee award and to further award
ri' itc; ,ll;' .1r1'r,;.. ,f j*..lglriii. wii npliuul,
after judgment, which directed that writ of
mandate issue to compel city to vacate and
set aside amended participation agreement with
developeq was affirmed. West's Ann.Cal.C.C.F.
is !02!5
,{ttornevs anctr Law Firnrs
*1005 **897 Oliver, Stoever, Barr & Einboden, Thomas
\&'. Stoevei aiid William J. .d,janis, City Atty., for respoiidciiis and appellants.

I.,-,i r\ f',-n-I^il t.,,.,,^+iri,.-^- ^-,{ -.J,,' ,.^^*.^^.1^-+ -. ."; i..._....r...;;;;; ;;;j..i jljji.:it,a,_:i).,,.

Opinion
*1006 McDANTEL, Associate Justice.
'rl-^ :::r. f':{-, \.rsj /-'^.,.-^:l (,: -f rl^^ t\:a., .,{.D^t,.. C^-:..,",. +^,,.^+1..._,,.:+l- .iiu i.:i; Ci j,ii;;,-.; Jpi;i;gi;, .vo!1,,!, r:,!r:
the City of Palm Springs (collectively referred to as City), has appealed from a.iudgment directingthat a writ of rnandate issue to compel City to vacate and set aside the Second Amended Parlicipation Agreeurent (the Seconcl Agreenient) lretu'een Cifv and \I,/eqqmRn l)evelonrnenf f.Ompanr, {the developer). Such judgment declared that City could not take . certain actions related to City-owned real property on which a public library is located, and it f'urther enjoined City and its agents and employees fronr undertaking such actions in the lirture.
,
'r
FACTS
'l'he Citv of'Palm Springs owns certain rcal firoper-tv wrthin its corporate limits on the southeast corner of Tahquitz Way and South Palm Canyon Drive. This property, which will
be ref'ened to as "the Library property," is the site of the Welwood Murav Memorial Librarv.

The Library Properfy was acquired by City by trvo grant deeds. The first deed, executed in 193g by George Welwood Nlurray and lviay i). N,furray, providcd in reievanr part thar. "NCW this convey-arrce is i:railc upon thc cxplcss agrecrncnts and conditions herein contained:

.q,-i
Save the \de!.,vcod lVlurray Memoria! !_ShraryrConr. v. City..., ?1S Cal.App.3d .!003".. 263 Cal.Rptr. 896
"(1) The Grantee agrees that if this conveyance is made it will, either directly or through the palm Springs Library A;so;iiiiioii, aii;iiiiai; aii,.i.ft;;'c;'u; ;;;t;i,ii,,ti;; iir' ,niii-ii Sp;.i;;g; Free Puhlic Lihrury uhcl;e menlioned i.n and on futilclings v,hich crc not4' or may be hereafter placed on lhe property herehy conyeyed ano will to that **898 end itself expenci, or in the alternative furnish for expendiurre by said Library

1.."sor!et!+r fhc sr:n! nf lt!ri:st Ti','.t T!:cr-:sand dn!l:rrs in r:rch year beginning, with the year 1940,'and tirat until the year i940 at least Two Thousand dollars each year will be expended for iltc rnainteimrrcc r.ri saitl Libiary by saitl l-ibrary Associatiot, or said City of Palm Springs. i
Thereafter, a building for use as a public library was
ciil;in;ci;il uil 'ilic L;bi;,t-y Fi-rpciiy. .iii,j iliai i;i;ildiii5 contin'res to erist to this clay as a prrhlic lihrary
In l)ecembel 1986, City and its itedevelopment Agency
entered' into an agreement with Wessman Construction
lli::;:an;' (thr :!t.c!cprr), .r'hic!.r :tgl-rc1nent :...i'!! . hr
ret'ered to as the Amencied and Restated partrcipation
Agreement. The Amended and Restated participation
z\gieeriieiiL plu'vide.i iliai. dre clevcluper was to pil.oliase the Library Property from City and make it part of the
commercial develonment surronndins the Librarv pr-opertvwldcir oontureruial cievciopureni i.he deveioper was io rehabilitate as part of a plan of redevelopment. Under this ilgreeinent, the famous (at leest locelly) restaiirsnt, Lculse's Pantry was to be relocated "to the library" thereby providing a larger opening in fiont of the plaza Theatre. which was ultimately to be l'errrodeled as; a shopping arcilcle.

Thereaffer, the Save the \Arehvood Murray Menrorinl l..ibrrary Committee, a nonprofit unincorporated association formed for a self-explanatory purpose (the Cornmittee), filed a petition tbr a writ r"rf'rnandare (Case No 5 I 176) to prevent the sale ot'the Library Proper"ty to the developer. A hearing on this petition was scheduled fgr October 2. lggl..
*1008 On September 8; t991, the City Council adopted
'ir:lhl:r':g !egit!:rt!cr rc!:rt:d tl 1!.ie c.:1.,.*;,nnt:f tlrc I.ihr:i, Propel'tv rn accordance wrttr the Arnended and Restated Participation Agreement. The Cornmittee promptly began
collectirig'$igiratures on lelereuduru peliiiuus to iequire rhc enabliirg legislation be put to a vote of the electors. Under Election Code sections relatins to ref'erenda. the Committee irad i0 days wiiirin which io gather i.he lleccs$ary sigrratuics, or until October 8, 1987, six days afterthe scheduled hearing cn its petiticn for a rvril ol'mandate.

Because City had taken the position that the enabling
legislation is not subject tc ref'erendunr, the
Committee feared that City would contend that it would be flee to sell the I-ibrary property if it were srrccessfi,rl at the October 2, 1987 hearing even though the 30 day period for collecting signatures had not-yet expired. The Committee therefore filed a second action (Case No 51525. refet.recl to herealter as the second action) in which it sought a remporary restraining order against the salb, based upon authorities related to referenda and on the fact that it believed the matter "(2) iirat tire brrildiugs isicj oi builtlings upon the said pioi oi land hereby conveyed and the Library thereon contained sirall f'otei'er be designated ancl knclrt es the '$/elwoor! L4r:na1, Memorial Libraryl and shall bear a clearly legible inscription upon a bronze tablet or otherwise to that efl'ect.
"ln case an)a agreement on condition of this deed shall be viola.terJ or shall fail to he ohserved and fulfillecl by the Grantee and the same shall continue *1007 in default for the space of three months, this deed and the conveyance thereh,v rnade slrall lle voicl arrd of no ell.eci ancl all title to tlre property and nghts hereby conveyed shall instantiy reveft to the Grantoi George Welwood Murray, his heirs and hssigns.,, Thereafteq the question ofthe acceptance ofthis deed and the l::crr:t!.lr i.f ::l lgrii:::rnt b;, C!ft. tc fec!!it:rtc tht clryi::gout of the deed's conditions was submittecl to, alrl upprou",l by, the qualified electors of City.

The second deed, executed in 1940 by Cornelia B. Wlrite, nrovided. in relerzant naft:
"This conveyance is made upon the condition that the said City of'PALh4 SPRINGS either Cireclly or through the palil Springs Library Association, establish within two years from and after the date herein. a free public library in buildings to be erected upon that certain real pr.operty situete at the Southeasi comer of Palm Canyon Drive and Tahquitz Drive, measuring 80 feet North ancl South by 100 feet East and West" of which {he parcel herein granted is a part. In case the said condition of this deed is breached by the City of palm Springs, ancl such breach continrre for a continuorrs periocl of ninety clays, then the conveyance hereby made shall be and become void and ofno effect, and all title to the property and rights herein described, shall instantly revert to the grantor, her heirs or assigns."'

263 Cal.Rptr. 896
r l- l. r ... .. f..- --t. -..1 rt_..,. ,l .,.1- .t .-.!.r t. lW U! SUUJ!vi lV i9iVi!tiuuiit OilU !tIr!a aii! COiU OitWUig Vi reStrained until the referendum process had been completed.

On September 29, 1987, the trial court in the second action issued a te[lporary res[aining order enjoining the sale oi the'l-'it r:1"., ""' j P!'1rer1\, ' "i -' -J Lrnt!! -'. thr referendln tra,ie:s cl':!d.1:e completed. Thereafteq the City Council repeiled the enabling legislation when it became apparent that the referendum petitions iracj'been signed by enough voters to require an election.

In due course, a hearing was held'on the petition for a writ of mandate, and the trial court took the matter under submission. 'i'lre Cornrniitee then filed a nroritin in both actions seeking attorneys' fees under the private attorney general doctrine piir-ritiarrt to Code of Civil Proceelur"e ser:tion l0?l .5 While the trial court still had the petition under submission, ilic Coriiinittec tealncd that City llacl entered into a ,.jii,ir.rrir1
Amended and Restated Participation Agreement', under
which the Cityviould not sellthe I.ihrarv Properfv. huf instead wouici laze pait ot dre iibrary 'uuiiciing,
open up arr encioseci
rear patio area then used to house books and provide space for library latron$ (rvhich area facerJ the proposed commercial development) and grant the developer an easement over the exterior por-tions ot the l,ibrarv propertv tbr the pumose of ,,1;;illg .l"iii;g i;Ll'o, l;;;trl',,;, !quip;;,Lili, aii.l .lirr;l"il;c items.
'lhe Committee weni back to court and tnoved to reopen the first action for the purpose of filing a supplemental .petition reiitieci to tlris Second - -"-' Asr{ienrent, whicit agreerncni it also believed to be contrary to the pulpose for whid the Library Property had been granted to City. pursuant to a stipulation between the palties, the rnatter was rcopened, a supplemental petition was filed, and the issues raised by the Seconil ,\grcciiient '"vcri, lrriefeit anel argued by coirnsel.

Thereafter, the trial court announced its intention tq enter judgurent in lavcl ol tltii Cclnnrittee as to its petiticn firr a writ of mandate, and also announced its intention to award tlre Committee its attornerys'fees in hoth actions Counse! for .rire Comrnirree prepared anri sui:mineci a proposeo jurjgmenr, and City responded by filing objections to the judgm'ent as ltr"opo,sed .
, u
tJet'ore the triai court could sign and fjle the judgment, i,i;c C''i'ii;iii'" 1i.,,;;"1 ili;i Citi' ?tiir iii ilic pl-ori,;s ol preparing a draft of a proposed"'I'hird Amended and Restated I';;i,',piiii'i A5,'vviiiuiii," *i n cll ;; ; tl,*f i. .i' a si;lT , rpoi i and proposed resolutions for action by the City Council and redevelopment agencv related to the proposed third
parti ci pati on agreement. The Third Participati on Agreem ent provided for the granting of an easernent to the developer {r..'er th? I.iL'r:ri' Pllpe{,, 1i'r an), Ir,_rml)r:e re!ate,l to the adjoining comrnercial development, inciuding the placement of dining tables, chairs and related equipment, the remodeling o1' the Library Property irr accordance with .plans ancl specifications to be aoproved bv City at some later date. anti tire r-azing oi' approximately toLrr i'eei ol' i.ire iibrary building's southern side. The proposed Third participation Agreenrent also required City to appeal the then-as-yetunentere<i judgment in the (lommirtee's proceeciing {br a wrir of mandate.

Baseci on the existence of'this proposed 'Ihird participation Agreement, the Committee again went back to court and
cbtainerl an oider iri shor.l causc and tcinpoi.rr.y restraining order which enjoined and restrained the Ciry ahd its agents, ofrcers, seryants and tepr-esenfatives from.
"1. entering into and executing a Proposed Third Amended and Resfated Rede.relopment Participation Agreement {the 'Proposed Third Amended Agreement') substantially in the tbrm of that which was **900 available to the ptrblic at the .111'c il;l;' rifi-cl;ili tiili.; City .l'lol;i^ Sp,iiig; ol .4.pii.l 4, 1988, a copy ofwhich is attached hereto, or
"2. from entering any agreement which otherwise provides ibr:
(ri ule graniutg oi 4n easenlerrl. ovel exl.erior portiurrs or ure parcels on which the Welwood Murray Memorial Library
is situated {the 'Library Property'), oL; (ii) the renova! cf any portion ofthe structure known as the Welwood Murray Memorial Library, or: (iii) the requirement by contractual rweu prvrisrv.. Lj.^aL ilc Ciiy .ri-r1,'v.ri i.iro jujgurcrii iri i.Lir action, not yet signed or entered. Provided, however, this order shall not prevent the persons sought to be restrained hereby from entering into the Proposed Third Amended
and R estated R.edevelopment Participation Agreemeni . .. if i1 c11rl.lirq c,.1.o+. nti al lv rh
. ..-.{, - {lrt
.
l,,rvin." I oncr'r, ra." i,.:!;t, ;;.5 :,i;:dl;ri6r.

The order then stated that the Third Participation Agreement could be signed ifit contained language acknowledging the existcnce of the then-pending proceeding for a pctition for a u'rit of rnandate. and that in the event the tjnal disposition of that lawsuit allowed City to modify the Library property as it and the developer desired, it could do so, but that

Saove the !&elryoed isurray Me*oolu$ [-inra-qy.Gom. v. G!gr..., Zf S Cal.App.Sd .10CI3.-. 263 Cal.Rptr. 896
otherwise the developer would not terminate the participatiou agreement.

On .lune l. 1988. jud_ument was entered in the first action in fhvor of the Commiuee. The judgment ordered that a
persmptoly wrir of uraldaie issue comuianding Ciry to vacare and set aside the Second Agreement insofar as that agreement relafed fo fhe I ihra1", Pr-oper-fv The irrdgrngnt rlsn pulninpd ,, i-; -. City tiom undcnaking, anci deciardci that it was without power to underlake, the fbllowing acts:

DISCI]SSION
I)<te.; ,!iii Ai;isetii Li' i:'t'urn ti !'c,.atipitiy lil.ii aJ'hf"tti"tuit'? tU We first note that an appeal does not lie from a
perempforv vu'rit of manclate We theref'ore constn.te the noiice of appeal to be tiom the judgrnent of'June I, 1988, which directed that the writ issUe. (Kcu.rell v. Wut,;ort (1953) ll6 Cal.App.2d 7 69,'172-7 73, 254 P.zd 651.)
,rLii too oiien counsei iaii ro ctlnsicier rvhether rhe acijudicatir_rn from which they have appealed (an order, a ruling, or
decree) **901 is, in laq appealable. Califomia Rules
of Court, rule 13 has been amended to require, eilbctive July 1, 1989, that an appellant's opening brief contain a -::t--.- 4!.-r .1--
- -.^-! :_, -_t--.. t,__._-
- :.._!..--.-.-. rrcrlrrrwul urrrr!r rrr(rL rrrv <ryptoi iS iaiiiii ii0i-ri c jijlisiiiviif which tinally disposes r:f all issues hetween the parties to the appeal or a statement explaining why'the order or judgment appealed fiom is othelwise appealabie. l'his later statement, presumably, would contain some citation to authority for the pi"cpl:ililr,l i!:tt t!:t nrdc:'rr" ;L:i!gr_.rnt is :rp1e:r!lh!e, While this rule may have.some salutary effect on the number uf defuciive apipeals r.vhirh re/rch ihe Couli ulAppeal, il is iiur view that it would be even more effective to require that all -notircs of onneol contain such a statement. R-eouiring such a siaicruerri ai ihe earliest i:ossibie siage ol'ihe appcllatc process would prevent the preparation ofunnecessary records and, if ccr:nsel preparec! the nctice of appeal someryhat ahead of its final du6 date, it might also prevent counsel from mistakenly failing to file a timely notice of appeal from the order or .judgurent rvhich is actually appeiilable.

We lherefttre ,\rtgllLst, lbr .futu.re onplit:alion. irnmediol<tlt, upon learning of an aditrdication, ruling, order, judgment or sintilar item which is cctntrary to the relief requested or no,siliorr tt,t,serled hv cotntscl. lhal <ttttnsel prontptl.l, lr.tru.\c t.'ode. of' (.ivil l,rocedure sectiorts 9()l et ,seq., r,olurne g of' Wtkitt on California Pwcedure , andttr ctny statutrtr.y schenrc related to the area oJ' practice involved lsuch as CEOA or admini,ctrative mandamus) ta determine: (l) whether
+1,,., ..,.l;-...!:,....,/;..,,., ,,,,t;-,.. ...,,...1..* ;,t..1._',.,tt! ._. ,.i_-..,i1._.. ;t.,,,, :,. '..ar, r !,r.,,,6, .,ri;Jr,./it!j;i;;a';I; ,;;' ..;i,,,,...i; ;;a.;,; ;;, "ruLz (tppealable and. (2) withitr how much time nru,st the notice oJ'appeal be .filed. We .further suggest, alter havtug iione sttch research, ti,ul courtsel itrcorporale ir in the notice oJ' appeal by specifcally asserting that the adjudication, ruling, "(i) razing a portion of the building located on the Library Property consisting of approximately the easterly 32 feet th*reafl (ii) rer:Tc.,.ing t\-,'o eurlLasecl r.ar areas of the library building known as porches; (iii) razing a portion of the building on the Library Propertv consistins of approxirnately the southerly 4 feet, 4 inches thereof, (iv) conveying an easement or any other legal right overthe exterior porlions of the l-ibrarv Fropertv. including areas of the rear patio of the Library Ploperty which have heretofore been enclosed, and; (v) arry other act done primarily for a non-library use orwhiclr otherwise interferes with library use on the Library property.

This judgrnent is not intended to prevent an opening of the rear area ot tlre l-lhrary Properfy" bv removing existing f"encln*e pior,"ided thal no coniurerciai activity or other norr-library use shall be permitted or allowed by respondents on the Library Property."
l"iru iriai uuurr niso awarricti iirc Currrrrriiicc aiiurncys' i'ccs. purslrant to Code cf Cii,il Procedure section t02l 5.

On August 12, 1988, City tiled its notice of appeai tiom ..the Perernptory Writ of Mandate entered on July 12, l98U' It ,-.. -1..,.. +1.... C.,ll.. -. .:.-.., ...-.- :.,.,,,., .,..+- ..-C.,.--..-. ,v,rrb .LrJiO.:rrrv^^rr !;r Urr Ji. (1) the proposed use of the Library Property is consistent with library uses;
(?'! nssnmino ar-.rrendo fhnf fhe nrnpngefl rrse nf the Tihran:

Propeny is a breach of the pubiic trust, the writ intrude! upon the library's adrninistration's discretion;
'r I Otl 3 ) the inj unctive relief here afforded is inappropriate; (4) the declaratorn relief portion of the judgment is an abuse tli'discre[ion; anrl , .
(5) the court erred by awarding attorneys' fees pursuant to Code of Civil Procedure section 1021 5

Q: ,l
263 Cal.Rptr. 896
uiu!";;.ji,"!5;;,"iii' Lti .i!iiiillt iic;ii. i: ijlj;eL;:t:it!c ri;;r/ 17 r;j;;;5 the authority which supports sxtch assertion.

We turn now to the issues raised by City
Is the Proposed Use of the Library Property
( l;i ;.t i.y I t t t t i ;' i t lt !. i b rttt.i: p t t rpt t:; t s ? i2i Accorcling to City, the proposed use of the Library P:"rert,.' ...i,"..j ltr.i r!i.i-,, t,,hloc nLri.e. n,r.l ralora.{ aztrinnront D 1rt,_..\,!i- \.,"!r..!,, 1..,'i ;!:1ti,1::-. uaii;ii_;r;:;:i;t, and to provide an open area for Bedestrian traffrc from the nearby streets to the commercial developmeqt) is consistent with library purposes and in f-act will contribute to the use of the. property for. such pLrrposes. Hov/ever, the applicable test is not whether a prcposed use is "consistent" r.vith the declicatecl purpose, or whether it will "contribute" to such purpose, but whether the proposed use will *directly contribute" to the dedicated purpose.

The iaw is clear rhar ''w-here a gramt deed is fbr a specified, limited and definite purpose, the subject of the grant cannot be used for another and different purpose. [Citations.],' i I lo b e rts v. diry rry' I) ul os l'e ni e s i',s tctrcs ( i !.i9; 93 Cai. App. 2d 545, 547,209 P.zd 7 .)
lnRoberts, the city ofPalos Verdes had acquired certain land which had been deeded to the city on the condition that it be i.ised c;rclusively for" paih pui'poses. The dccrt pruvided tliat no buildings were to be erected on the properfy except those .,r,hich the park department might detetmine 1arg1s ,.prieps1l1, rnoldenlal t0 tile !:onvenlent and/or proper use 0t saici reaity for park purposes." (1d., atp. 546,2OgP.2d j.) p
'I'he city began consrruction on ihe property of buiidings to house city-owned trucks and vehicles used fbr improvernent and rnainienance oi pnrk propeny. 'l'he city acimitteci thai some of these vehicles were also used for the maintenance of other city property. Plaintiff sued for injunctive relief to srop the cortiiiruoiiofl, aileging rhat it vitilated the r.esiriodons in ihe deed. The trial couft entered judgment to the effect ilriit the eity coLrld const!'iiot buildir:gs on the property onli, if tbey were used to house vehicles anci equipment used exclusively forthe care, maintenance andupkeep ofany city ., ,. -l. ^,.,,,. ...a. .

Ir.rr h pl vplr L). -
"
Plaintiff and deferdant cifyboth appealed from thisjuclgment i:'iaurdn'contelitcii tire city sirouici'ot be aiiowcci [u c''slr.uu[ any buildings; the *1013 cit;i contended **902 it should Lu iillr,i -.1 i; li.;;c v;l,icl.; ;l;J cqi;ipiiicrii i;i ;.;li bu,l.liii5, even if the vehicles and equipment were also used to maintain other city propefi in addition to the city parks.

The reviewing oourt reversed, holding that the city was in ocsanlc qftetrnfirrry tl :f.ld the fylfd ..!nf,!if"eft!.,," -... - --_I,-. -.D i::lj:: tO the
deed's restrictive provisions, i.e., that the city was arguing, if" structures or concessions were indirectly ',incidental. to the convenient and/or proper use of said realty for park purposcs," that such structurcs tvould not be in violation ofthe deed restrictions. 'lhe aonellate court refirsed to read the worci "indirectly" into the deed. "Obviously such contention cannot be upheld. Courts have guarded zealously the restrictive covenants in donations of properly tbr pubiic use as the lbresoinq oited decisions will reveal. Such an effort on the pari oi a rnunioipaiiiy ii.sr-r0cessiul rnay be but the opcning wedge and, as stated in . Ketly v.'lbwn of Hayward, supra, [ (1923) 192 Cal.242,219P. i491, 'some future board might claim that under their discretion a corporation yard and rockpile fbr the employ'rnent of prisoners,'and other vcry uscfiil ad-irrncts to the adnrinistrafion of the econonric atlhirs of the town, might be located thereupon, until the entire space was fully so occupied.
"What a *it;r council or board of tnrstees would like to clo unciel'rvhatevel gtiise it urav,be proposed is nol the tesl as lo the validity of the proposal. The terms of the deed alone are controlling.
"Unless the buildings directlv contribute to the use and enjuyrrrerri..of tire pr'operiy iu cluestion lol p:rrk purposus, there exi'sts a violation of the restrictions..' (/d., at p. 54g, 209 P.zd 1.)
The appellate court then held that the judgment thus went beyond the lestrictions in the dced when it purported to give the citv the risht to house eouiDment and vehicles to be used for park purposes other than for tire purposes ofthe particular park dedicated and described in the deed. It reversed the judgment and remanded the matter tbr retrial on the sole issue of whether the buildings would be necessary ancl appropriate. and irenoe "incidental to the colrvenient arrci/or proper use of said realty for park purposes," with ..park, understood to mean the park described in the deed.

The holding in Robertswas expan{ed upon in the more recent r::Se Of ''Riq. (rr. I>y111trtvi2r. v. l.|nlt /1q76\ A? CAI Anf, -ld 99, 132 Cal.Rptr. 835. In that case, Big Sur properries filed a

$ave the W'e0wood Mur.ray Memoc'ial [-lbrary.eou.n. v. Clfyr..., 2.!5 eal.Aglp.gd n009... 263 Cal.Rpir. 896
petition tbr a writ ot mandate to compei the State Department of'4arks and Recreation to consider its application for an co.-sr; .:ar:rir i.^. svrnrr..'l * r.nerl o.-r.,,.cr T:,1;^ p,,e.a IrF-iff.- er^r^ ._A.e.-^v. i_!.:a Park tcl Big Sur Properties'private propertv. 'l'he Department had ref'used to consider *1014 the application because of resilictious ouruairted iir rhe dceii by wiriuh i{elen Hoopel Brown had granted the park property to the,state:
given to the consequences that wrll tlow tiom 4 particuiar interpretation.' fCitation.] Clearly, the consequences of the :i:p!:::ii:t cl :r:ii::: 5Cl?.5, eld ctlrer iin:i!s:" :.egLrlat!ln:
iwhich Big Sur Properties had arguetl must overricie
restrictive dedicatibnsl, to defeat the public trust doctrine wouici result in a policy ciiscouraging sucir gills to dre staic for park purposes. Such an unwise intended result is not to he readilv implied r.r.rfiq1s pn61fier eonsfnrc:tion is nossible flCitation.]" ' (1d., at p. 105, 132 Cal.Rptr. 835.) '
l3l Here, City applies these principles to the ibcts extant and concludes that "it is apparent that the proposed use of iiic I.ibiail Piol;ciiy ijiiisuatii '''r^!' i - ilic io,-ii;ipriiio,r Agreemenl is in fact 'reasonahly incidental, to the main object of the dedication and does 'directly contribute to the use anci enjoyment of ttre deoicated property.' lCitatrons.j,, According to Cify, this direct contribution to library purposes i" ch+,'-n hr. *!rn fan+ fhcf / !_) t!,f i.rrn^m^n+ nrn,,i.lnc f.n. i : I i::! j:6,!t t:: J:::
"'substantial improvements" to the library builcting: (2) rhe proposed alterations "would dramaticaily increase the flow t-r.f pedcsilirrn l:raffro ur<iurirl thc iiil.aiy" (our cnrphasis); (.1) the development would entirely remodel .,the
open space area
which is now enclosed- undenrtilized and is in a cletenor-ated oontiiti<.rn," (this "open spaue arca" consists ol two roonrs lined with bookshelves filled with books and usecl by library patrons); and (4) the agreenreirt pro','icles far the..ir.rstallaticr:
of decorative paving, benches, tables, fountains, trees and planters," which "would greatly improve and aestheticallv 'errhltncc thc patio al'ca of fhc library."
Wehster's .Third New International Dictionar_v, copyright 196l,..defines a library as "a room, a section or series of sections of a building, or a building itself given.overto books, nranuscripts, rnr.rsical seores, or other literarri ar rl somefintes afistic materials 1as paintings or musicai recordings) usu. kept in some convenient order for use but not for sale. .. .,' (/r/., at p. 1304, col. a.) lt is thus apparent, in order to meet the rule set out in Roberts, Big Sur properties and similar cases, that a prnlloserl use nllst direcll.t' ttutlrihulc to the trse and enjoyment of tire property lbr libr-ary purposes: e.g., the proposed use must directlv facilitate the acqui sition, retention, storage and use of books, manuscripts and similar materials.

The use proposed by City in no way directly contributes to these pur;:oses, anci, actuaiiy, in-ar ieasr one way, is antithedcai to sr:ch purposes, forthe prcposed use *'ould destroy parts of the building where books are stored and used.
'iire deeri iiom iieien Flooper iln:wn provicied, in relevant l
par1, " Said real property shall be used in perpetuity as a public prirk aud f clr tl! lalr{'ul uses illcidetrta! theretc, ex-cept thcsc uses, whether or not incidental tbereto, which are expressly nrohibited bv the terms, covenants and conditions hereinafler sct tbrth." Thc icsti'iction giving i:isc to tlrc action providcd "Noti.vithstanding the provisions of Public Resources Code Ser:tion 500:1 5" cr any gerrnane amendnrent thereof or sinrilarstatute, no private right of way for vehicular tavel or for the purpose of tiansporting, hauling or conveying timber, !ogs, tanbark or anrv- other 1:rt'rcluct produced b1- logiling operati<lns op privately-owned land shall ever be granted to anv person, finn or corporation upon or actoss anv portion of the property.... This provision shall not impair or affect Grantee's authority under said Section 5003.5 to provide nreans of ingress to and egr-ess fronr saicl real property to provide ready access thereto by the public " (1d., at p. 102, I -32 Cll.Rptr. 8i 5, fir. cnritteC.r'
The trial court refused to issue the writ, and Big Sur properties appealed. The allpellatc courl aflluted, hulding that the public tnlst upon which the state holds such dedicated land prohibits .ntivate access **903 rights<rf-wa,v when the properryr is dedicated exclusively to public park purposes.

F
Qrroting the /lobtl1,s case a$ it involve{ the requirement that a proposed use musl threctly contribute to the use and enjoyment of the property for the purposes for which the properfy was dedicated, : Big Sur Properties noted, in
determining what is "a park purpose[,] we do not look to the tvpe of sfrrrctrtre erecfe<1, brrt rather, to the use ofthat stritctrrre in relation to the park. it seems fundamentai that a right-or'- way for prirrate access across park land to private properfv beyond the borders ofthe park cannot possibly be incidental to its use as a public park." (1d., at p. 104. 132 Cal.Rptr.

Q:< \
\).) J.
,
Ihe , Btg Strr Prcperues court aiso baseci its attrmance of the judgment denying the writ on another basis:
"Ir:iith^f 'rrfinrn rrrr4afninfrr 4,.,,icfc a,a: !- 1.:,_..,,: rancir{nrqfinn i,- .. :qt..t:j nrnrr hn "Jj : : : :<ij,,,...--

263 Cal.Rptr.896
I'i a.1.1'il";', tl;c p; 'p.-;;.1 u;;;; ;.1;i'ici;sli. d*;ig;iJ i",, c;il;a;;;c thduses to which the developer intends to put the surrounding <nntmercial properfy. namely, to enhance the use of such property as restaurants and retail businesses by providing pleasant hreas iu which to walk, eat and converse. and by in.'rbricin,' lhc fl6.r, nf rrorJncfrirn '_--'-"" "'o tfAflC f fn,_rnd t!:e !:hf:n., lld into the "foot traJfic" area of the restaurants 6nd retail stores.

It is a matter of common knowledge, and one not reasonably sublect to dispute, that such activiiies, agreeabie as they may be, do not ciirectlv contribute to the use of the materials lbuncl in librirries, and that irr iacl such aciivities are usualiy considered incompatible with libmry purposes because they are distracting (conversing) or potentially iarmful to the boi;ks i"ri' i i brary I'urnishi ngs (eating). Perhaps * *904 impl ici t in the plan to"open up the courtyard area is the idea that library piltrons will be iible to sit o,.rtside and enjoy the beautiiieci surroundings. However, there is no evicience in the record before us that *101.6 such increased enjoyment will contdbiitc, cithei dilecili' cr indirectli', to the use of the !ibr.ary or its contents.

Filaiiy, anci pcriraps urosi noLairiy, rhe piarr to gratlr ilc developer an easement over the Library property for the uses or.rtlined in the r,'ariols participation agreements. if execLrterj, obviously would effectively bar the use of the subservient tenement tbr the construction of adclitional library wings or i;.r,i; sl;.;i;lJ il;cy b; i-rcc,ird. S*cli a icsiili is clc;il1. i;i violation ofthe restriction contained in the 1938 Murray deed, which required Citv to "forever maintain" the library ..in and on buildings which are now or nxcty be hereafierplaced on the Froperl-y. " (Erripirasi s addctl. )
&
l)o;:s !!tt lNf it !nt1te rmi.r.sibli.!tttrutlt LIpa* tht Releyant Admini strative Bodies' Di.ccretion
ng lo lhe (rsa of tl,le I.ihrqry Propertl,Z
l4l City contends that the language of the writ is too
broad, and that it prevents City orthe relevant agencies from exercising their discretion as to the best use of the Library Plopertl, for !ibrar1, purposes, Not so. The ianguage of the writ does not prevent Cifi ticxrr removing sections of the library from conveying easements.or other legal rights over the Library Property or from otherwise undertaking any acts nece,s.sary.fbr library purposcs, it merely conrmands City not to rindertake anv such actions if they are done primarilf for a nr-rniibrary purpose or ilthey inreriere rvith iibrary use. lSj IIo;"',;i, ili; l;si pl^;.lsl ;!' ilio paiag-;pli ;;;;;plaiii;ri oi "(v) any other act done primarily for a non-library
use o/ u,hich otherwise interferes \uith librer.v lrse on the Library Property" (emphasis added), is arguably ambiguous, in tltat certain acts, for exampie remodelirrg, may be done nrinroril., f-nr e '(lih.on., rrqa " qnd rrcf nnnathalecc rrrill t """" " j cerlainly "interf'ere," albeit temporarily, with library use. We shall therefore modify the judgment to afford City the right to pursue such "intert'erences"'with iibrary use without risking a violation of the court's order.

Is Injunctive Relief Inappropriate in the Instant
Case? Is the l)eclaratory llelieJ'Portiotz
of the Judgurent An Abusc ol'Discretion'J
Although City did not raise this issue, we are concemed about the extent of a court'i power to enioin a legislative bociy's ciecision-making aurhoriry, Civil Code section -l.i2j provides, in relevant part, that "[a]n.injunction can not be granted: ... Sewnth -[t]o prevent a legislative act by a mr"rnicipal corporation." (bmphasis in original.) However, *1017 Code of Civil Procedure section 526 provides, also in lclcvant iiari, that "[a]n injLrnctiou may- bc grantrd in the following cases: ,.. 7. Where the obligation arises from a trust." !
16l I7l A public trust is created when properfy is held by a public entity tbr the benefit of the general public. lSee llr.g Sur Propertie,s ,p. Mott, suytrct. 62 Cal.App.3d gg, 104. 132 Cal.Rpir. 8;5, 81i C.i.S. Trursis, li 19.) Here, titie ro rhe library propeity is held by City to be used by City for the benefit of the general public as a public library. Any attempt to divert the use of the property from its dedioateci purposes or uses incidental thcreto woukl constitute an ult a uircs u"t. . (Big ,\trr Ptrttct'tics t:. A,loil sttwtt. 62 Cal Anp id at n qq I 12 Cal.Rptr. 835.)
I'hus, it would be proper noi oniy to issue an injuncrion ro enforce the oblieation arising from the existence ofthe public tnrst, i.e., ro enforoe City's obligation i<l use the propedy as a public library but also to prevent an ultra vires, and hence nonlegislative, act. (See ,' id.; see also pughe v. Lyle (1935) I0 F.Supp. 245,248 "Where public offrcers act in breaclr of trust or without authority, or threaten to do so, and such acts will result in irrenarahle inirrrv or will make necessatv a multipiicity of suits at law to obtain adequate redress, they may be enjoined. See 32 Cor,Jur. 240, t5.247,261,264,

t
263 Cal.Rptr. 896 .;
,1 r
+.
..1: d{ ! i
k
/ I't ) <t:\fr.,,' cif) ri.11i 1
{:
,,
and cases there cited." See also **90S ,ftanirrn v, Moft (i976) l7 Cai.iri2ii6,.i30 Cai.Rprr.697,551 p2d t, holding tirat if a taxpayer can prove that an expenditure of public liir:ds is iinpi"opei she is entitled to e declaraioiy judgment to that effect and to injunctive relief if similar e*penditures ;.::.:, l1r:;-::{r.r:: :! i., !!,.1 C.r.,,,,,. ,,.,.1 : i-....r., --C -;t..:t n,.,-,"-.,!..-.,. rrrv tlrrvotglllu rrr rrrw rururw, iriiii; L.Uiit Ui i_i'"rr r rvwwwurv section 526a, allowing taxpayers to seek injunctive relief against public ofiicialsto prevent illelal expenditure of, waste oI, or rnJuly ro, pubiic pl'opet'ty.)
ISI The fir.n nrloe. 1.!) fhSf looialnti'.:e gqfi4n,intl. nef hc er{oined, but (2) rhat breach ofa rrusr niay be enjoined, when read together, compel the following conolusion. An injunction ' will ;;ot iic to iliev'cnt Ciiy frorri iiiakifig arl ,sxpi"ess icgislaiivc determination that it would be in the best interests of City and ifs cifizens to cease nsing the nronertv t'or librarv oumoses. aiid to allow'rhe propei-ty to revert to the grantors'heiLs, but an injunction w,ill lie to enjoin City from undertaking acts v/h;ch i',,oulC ci:nstit*te a breach of the ccnclitions and covenants in the deed here, even if such acts are authorized as part ofa legislative decision (such as City's execution of tlre parlicipation agreer:rents here), v,hen lhose eclsv,il! re:;ylt in the loss oJ'property held Jbr the pubtic beneJit ntithout an expres.T legi,slative cletermincttion that the kt.s:; of' suclt property is ii the pubtic's besl interests.

Othelwise. Cif.v has concer.led that no case law cah be fourrd which hoids that both mandamus and injunctive reiief may not .o be dispensed inthe same *1018 case. and ithas alsofailed to point out how the issuance ofdeclaratory and injunctive relief, in addition to the writ of mandate, even if erroneous, has resuited ln aliy prejndice to rt. I he declaratot-v and tn,unctr/e portions of the judgment exactly duplicate the provisions of l!:r 1,.-.i* .i,J .,,.^. 1,-,..- ^^.,.-l-,,.!1,..I 1l-.1r rL.,.,, ^.,,.,;..:..n, $r,u !r ! r.v , e vuii!i;uiJ ,,.irl, ii;iii. ii;u:?u iji {,j.,,u._ the one rnoditication noted above.. are legallv iustitied.

Did the 1i'ial Court Err h1, Awarding Attorneys, Fees
I'trt'st!(tnl to ( oLte of L tr)tt I'rocedure l;,edrotl t 0! t .) ! ' I9l The City's only argument as to thepropriety of the award of atrorneys' t'ees w'as that if rhe judgneilt beiow sirould prove incorrect, then the award of fees should be reversed. The ,indonnenf helnu"' rril! he nffirmorJ, and qn fho Cnrnfirittee ,.r,nc entitied to its awarci of I'ees by the triai ooufl, and, under the same theory a further award of t'ees for the ciefense of its ;-.J.,.^-^--. ^-- ^-_,- -_r Jqugtlitrla Ul,i iippcai.

DISPOSITION
Thcjtrdgirieiitis inodilie<i as io ltcm (v) of thcjurlgnrelii ro add the language, "Thisjudgment is also not intended to prevent maintenance renair or re,modelinq of the librarv huilcline for iibraiy purposes." Tlte Coniiiiiitee is awarded iis cos.rs aiid attorneys' fees on appeal.

Certi fi ed for publication.

CAMPBELL, PJ., and DABNE! J., concur,
All Citations.
215 Clal.App.ld 1003, 26-i Cat.Rptr. 896

ruH crty o[ san lurs oBtspo
Cc'UNtrILAG FIEPc'FIT
FFOM:

BACKGROUND:

Recre s
sone rine ago the city was rnade aware by then councirnan Robert Griffin, chat lliss Mary Gail Black was desirous of bequeathing to che city her historic property at 464-466 Dana srreer which includes the 150 year old Canet Adobe, curiently her hone. It was deternined at thls time that the proposed bequest would be an excellent addition ro the city Park and Recreation historical restoration progran, as was the Jack House Project, and Miss Black so anended her wilt. rn late Ju]"y.1?gg, che ciry Artorney's office was conracred by Miss aJaclls arrorney-inaicati"g rh"i she souid like to give rhe properry ro the Glty norc if the Gicy would agree to a Life Estaie during the renalnder of her natural life and accept rniintenance responsibility fIr the gardens and buildings during thls Llfe Esrate.

Scaff frou Parks and Recreation, public works and the AEtorney's Office met with Miss Black and her atrorney to inspect the properry ana deterrnined lhat roof cover repair, utiliclservice naintenance and bi'weekly garden and tree rnaintenance vould be necessary. l,Iiss B1ack also requested that che City be responsible for water and sewer costs necessary to service che propercy and to malntain her current property and flood insurance policies. The Grant Deed for the property which includes all agreenents is aEtached hereto.

CoNCURRENCE: The Park and Recreatlon Conmission discussed rhls proposed gift and were of Ehe consensus thac the rnagnlcud,e of the gifc anb the potenEial for park and recreaEion use of the property far outweighed the costs of repair and naintenance. The comnission-r"ctrr-ended acefptance.

ALTERNATIVES:

1. Accept grant of property located at 464 and 466 Dana Street fron Miss Mary Gall Black and agree to naintain property and ser'ices as indicated in Grant Deed, Thls alternative nould add propercy ro the city Park System and requlre appropriation of funds for Fiscal year lggg-E9 to acconplish the uaintenance of the gardens and structures.

MEETI}.IG DATE:

Glft of Hlsrorlcal properry g6a-468 Dana street) ro city fron l{lss itary Gall Black

SUBJECT
Adopt Resolutlon Acceprrng GIft of property and Approprrace Necessary Funds to AcconDllsh Milntenance nesponsiblLttles Indlc,aced ln Grant Deed.

CAO RECOMMENDATION:

HWcrty oF san
'
_
,s oBtspo

CG,UNCIL AGIENEIA FIEPGIFIT

ALTERNATIVES - CONTINUED
2, Do not accept grant of lndlcated property. Ttrls alternatlve would elfunlnaEe the opporrunlry to add rhla property to the clty park Systern and also relleve the Clty of any nalntenance responslbllttles.

RECOHHENDATION:

Adopt Resolution accepting glft of property locared ec 464 and 466 Dana Street fron tliss Mary Gall Black and approprlat.e necessary funds to accorrplish nalntenance responslbllluies outllned ln Grant Deed.

FISCAL IMPACT:

The Publlc lJorks, Parks Maintenance Dtvtsion budget would requlre addicional appropriattons of $8,000 for Fiscal Yeer 1988-89. Anticipared expenditures include:
1 2
3 4
5 6
Roof cover replacement/repair ---
Annual wacer/sewer service
Fire/Flood,/Propexty Insurance -.-
81-ueekly gatden/yatd nalntenance
Trinnlng/thlnnlng of nature trees
$ 2,500
700
900
950
1,250

1. 500
$ 7,800
Energency conEingency
Total
Atrachnents

h.bsoturibll lrd.

A RESoLUTiUn Ur tHn Couxcil Or rie crl:r oF sAN Lurs oBtsFo eccnpriuc n ctFr 0r Ri!{L FnoPbntibs LDcATED Ar 4d4 AriD qee uaNn SrRbEt, san Ltrrs osrslo, cnltponnlA N{D
eppnotRtetiHc NgcEssARy FUr'ros ro AccoupltsH uarNreNANcb nbspoHst5ii,trrbs Fon tHh puherton or me rrrn esretE
As UUTLiNbO itI GRANr DEbD
mtm,Eas; Mlss ilary caft BlaCk 13 dbsltijils of grairrihg ro ihe Clby of Sdti LUls Obtspii Rea1, ftopelty iucated at 464 and 456 bshe s*eer fot patt 6r tbbfEdttou pUtposes; ahd
wllbH,has, Hlsi.; Maf Gali llsck rEbet-'ies a Llfe Esrare durftrg the tenaifldet bf het ttatUtai ltfe tn atrd tu sald propetty and pterulses; rna wilth.bas; ttlss uaty carl 31act tE(ubsts that the ctty of san Luts Obfsiio dssirtne cettaltl nalhtefrairce fbspoilslblltty for the groUnds ahd pteiirlses Cs a cohdltibri of lhts gfaflt; and
wHEhiAs, ihe cfty cif Sait Lijls 0btspo ls desllijtis of acceptirig rhfs glitit of h,aal propetty attd pteUtsas fot park or fbcteatlon ptitpcises; and wtlEngAs; the btty of sdrt LUtb bbispo cccepts cbrtaln ma!fitarieiice fespiiristblilttes ds ijiirllhed fn the Gtciir Dbed, e bopy of whtch is hereto dLtdbituu ftit tetutetibit dfid uaticgd ae bxhrbrt ;Ai, NOIJI THEREFORE gg ff RESOLVED as follows:
. :
i. the clty of Sat Luts 0bldpd 66cdpts thls 'rDo3't genero'us granc of Real pfop'6rties and Sr'€ulses locate'd 6t 464 ahd 456 Datrd Stre'dt froih l{1ss ,
MAry QaIl Blaclc; nnd

2. the Ctcy of Shn lrrls ObfSp'O rigiees to the condltlons of the Grant Deed and approprlates funds ln the Bmount of $7,800 to accorhpllshtttg ttre reguired nalntenance for Flscal year 1989-99.
(1e88 sb{resl
4-J-J Page 515 of 727
Resoluclon No (f988 Serles) page 2
3, The Clry Clerk,s Offlce shall fu
co: Mlss ltary GalI Black, rhe Director o
Publlc lJorks.
rh
fl
lsh a copy of thls Resolutlon
RecreaElon and Ehe Dlrector of
On uotlon of _ _ , seconded by
and on the follonlng ro11 call vote:

AYES:

NOES:

ATSENI:
che foregoing resolutlon was passed and adopted thls
--,
1988.

Mayor, Ron Dunln
ATTEST
Glty CLerk, Pnmel"a Voges
day of
*******
APPROVED:

Ctty AE v
nlstratlve Offlcer
D reccor of Flnance
lrector llc l{orks
of Recreatlon
Clty
/-J -4Page 516 of 727
!&ul_Qiiu
Ff)li VALtjr\BLn C()NSIDEltATIoft. r'ec()il,l. rrf wlrieh js hereby ackrr)wlr:rl,3r:rJ. attti sttbjt:ct to tlte r:ovetIattl.s, cotrditiorr:;. r'cstrictions arrrl t,esr:r.\,irt.iolrs s(1 t fot'th. MARY GAiL BLACX. a singlc wr)nrltr ,' Gr.antor, cloes hereby gl.;gt.L t:r.r thc CITY ()!: SAN LUis 0tlIsPo, A MitNi(:IPAl, COlrPOHATI0N, the hcrt:irurl tr,r:, desr;t'ibed t'eal propet'ty in tltr: Ci ty t.rt' S:rrr Lui s 0bispo, Corrnty 9f S;1r [,rri:.i [.]trispo' st.al,e: of (ja!i!'ot'trja, ()r]nuuor)Jy rrrlr:r.r.rjrl trr.as 40/r alrd 4{iti i);irr;r Street, []t'olrr]r;ly ci:l leri the C;rrret. nrlolrp (r.atlrep tIan tIe "sinrnr Icr Ar.lrriru.,. nr; th| "lr-;!tr.::-tn;tlt r\rlollt:" ;rs il js somr:L.i nrrl:,; re!'L-l'tttrj t0) wit.h thr: rrl/rilr,1: I t. lr;rl t.lte;rrloire Atrd l-wo arij<..rirtjrrr,-. r,,ings l-lrat nrai<e rrp tlte old lto1sr,. ;trrr! iire t.r'erls r)n t.lrat tlropr'rrty be rnajrrt;rincr.i by t.Lt, ciiy 1s,, pirrk or ler:r.rlir t irrrral ^Dtll't)(rse:i. attri t lr;tl M.i Idred Witl t-'t'rt;rrt':i rr;lnrc hr,. includerj in arty n;inrr: I ll;r j l:lte (.:j1.\r
11 .i1r';s Lu t.!tjs pirrk artjit. Sajrl pr-rrrrr:,rty is desr:rjberj irr ;rLi;rr;i11,1|. rleed . nr:11'ke(l E.rh i lr i t "A" .
iissr:l'\ti trg ttltttl IIARY GAIL BLA(:i( ;: l,.i I l Estate dur-ing t)rt: r.r:rr,;r i:rrir::. rrl.

Irc. rral-rr.itl iife irr a^d to said r.eitl pr.opelty ancl premises alrd irli imltt'rrrrtrntettt.s tltrr'reott. inclrrditrg btrt rrr)t, ] jrniteri to, the sole usr:. {,.,lrt,t.rii, benefit. t'!llr'l incorne of ail of same riur'!rrrt irer natrrraI life. lJr.: Lltr: ar:r-'r-'frtaltt:e ol thjs Deerl, srriri (j jtrr ql'San Lujs 05jsr,,r hercirtat'ier r.eit:r.r.ed to as ,,Ci ty,,, a!.l.eer:

I 1o t;p91tidc watef and gervr)i 1.;rll.qricr.1 fot. Sairl propert.v. riirjelr shall ittr:irttlr: nraitttaining coritjnu(ius r.,ili.ei';rncl sewer service t.{.,r.rlt.,rlrr,. 6raltitrL"''; 1-i:llilllts at.466 Datra St. l'r:,rl ;rrrri 1-itr- yilrcl to said propr:l't.r.,.i rrli:l;l G'a.Lor''s ii1'et.ime, ancl the pavment {r! ar:,,, ar)rl all bi.lls for salr: :.rr.r.\.iq:!, to iit'alrl.ot' ililrl GIirrrtrrt.'s telrants ;rt ,[ (]fi i);rrrt Stre ct dtrring GJ,;inltrr ,r.r liftrt.ir:e.
f A.-.1 : rtt'arr I rlr:r:rl i
/-3-gPage 517 of 727
?. 1'O pr'ov jtie ltaVrrttrtt f Or itts(triutCe cov(:ragrj ()p sairl prOpef ty All(! ,,t,, U,[,,,,,r,.t.y r)rl.rotr I v krrtrwrr ;rs 4G(t nrtrl 4 GZ I)nn;r St ",1,t. ,r, long as thal. prupet'l.y is also owrrer'l by GranLor drrring, [rcr. lileLinre, That. (i(,vr:rage shal ! jltr:ltrrle (jrarrt,ur's lronrr:uwlrer''s. f ir.u, j j;rlti j jtv antl f lotrti insttrirnce to t. lte sam(i extent tlrat slre presentiy has for.said 1:rro1rert5,.

City t.o rr:jtntrttt'srr Grirrrtor frlr irrsuranc{r pren'irrms upon paymL'rlt l.trtrr.rtol'by Grantor.
lJ. 'l rt nrititrtttitr t.ite :;tltlctut'(:s. rtl.il.i tv ser.rrict:s ;.rtrrl -\::rtl ;rrr.:ir r.rrr the descl'ilrerl lrt'rrlre|1.y. S;rir! nrajnt:etreu(je sl:all inClurle |o()f r.t:1rair.i.rs nt:rtdetl , varrl mit.itttr:nilllcc jrrc trrrl ing t.h!rrr:ing anri trilnrrrirrl,, of t.r.(:i)l; ilnu sltrubberv sr.rl)sl.rrnt.j;rl )v a:i Llre 5ralcl is rrow, mowin$, edltirrH ;trtri ,,,,u,ovirrg Jr.:aves und all rrtirt:r. m;rint.r.lnarri:t: to the yard as netrtirrrl {(: it5, sltir.l I tre |esponsible fot'waleIjrrp; of tr.er:s [wo tjnres a morrt],r cl urirrri Li!e Esi-a,t e] arrd ket:Ping the watct'an(l st:(rrel'Services operabir:. Notlrjtrg lrrn.,rirlgrl lrrl herein sltould be cotrstt'uecl as preventing 6rantor f ronr crr lljng at.r elcctt-iciatr, pJtttlbr:r'ot'ot.lrc:t'sel'vice repajrmarr ill iln ()Dr(.:rp,,,,,.,5; . irr wlriclr event tlte City will be rcsprlttsible for said emergencV srlrvir:e bi ll.

Uxce[rL as proviclr:rl hrrl'r:jrt, t:rtV wj j I be respOnSiblc. f rrr anV lrr:(:r:SSaI,], repai rs to said st.r'ucture.
4 . Tr-r br-' rcsJrorrs.i tr lu f or ;rl j t'eal pt'o;_rertV l.;t.\|]s atrri irssi:sstrlellt s imposed upon said prolterIy fr.onr the date of thjs I]eerl .

5. 'lU aJ lorrr int,rcs^\: arrd egress ovel the dr'isewa-v ;rl,r1p. thi:
sout-llwesterly 12'of (ir)11\/(..r\/i-:rt plooerty to provjde irccrjsli lr.tr:1 D;-rrr;r Strect f'ot' tirrr res:dents ;il .1 (i(l [)rrrrir and 462 Dana Si t.eet to s;.1 irj rrlnlrr:t.t jr:s.

Grantor's adjoininq I)t.rlpcr-ly genel.ally described ;ts Assessor''s Par.r:el No. ()2-,tol.. II. Ilr.rwever, p:rrk.i rrp,, S;ru i.u i s (tir.: s1:o Currrr t 5
ot' r'chicl',:s lry s;rirl
2 1-3'4 Page 518 of 727
rusi(l(ints w!thirt tltrt r:asurl(!llt. slr;rii il(: pl'nlribil.t:ri, eNcet)l;ts allrrwr:d by fit'nrr t rrr' du!.
()
rry, Grarrt.rrr" s l.i ('cl j nlr:.
'l'ri ti i sa I I trw t. lru llrrb I i r: ustr nJ' s;r irl prn1rel.1,1' rltrr irr11 t:hr:

I i f'cLinr: ot' Grautor
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4-J-7 Page 519 of 727

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RESOLUTION NO. 6512 ( 1988 SERIES)

A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING A GIFT OF REAL PROPERTIES LOCATED AT 464 AND
466 DANA STREET, SAN LUIS OBISPO, CALIFORNIA AND

APPROPRIATING NECESSARY FUNDS TO ACCOMPLISH MAINTENANCE

RESPONSIBILITIES FOR THE DURATION OF THE LIFE ESTATE

AS OUTLINED IN GRANT DEED
WHEREAS, Miss Mary Gail Black is desirous of granting to the City of San Luis Obispo Real Property located at 464 and 466 Dana Street for park or recreation purposes; and
WHEREAS, Miss Mary Gail Black reserves a Life Estate during the remainder of her natural life in and to said property and premises; and WHEREAS, Miss Mary Gail Black requests that the City of San Luis Obispo assume certain maintenance responsibility for the grounds and premises as a condition of this grant; and
WHEREAS, the City of San Luis Obispo is desirous of accepting this grant of Real property and premises for park or recreation purposes; and WHEREAS, the City of San Luis Obispo accepts certain maintenance responsibilities as outlined in the Grant Deed,. a copy of which is hereto attached for reference and marked as Exhibit " A"
NOW, THEREFORE BE IT RESOLVED as follows:

1. The City of San Luis Obispo accepts this most generous grant of Real properties and premises located at 464 and 466 Dana Street from Miss Mary Gail Black; and

2. The City of San Luis Obispo agrees to the conditions of the Grant Deed and appropriates funds in the amount of $ 7, 800 to accomplishing the required maintenance for Fiscal Year 1988 - 89.

R6512

Resolution No. 651* ( 1988 Series) page 2

3. The City Clerk' s Office shall furnish a copy of this Resolution to: Miss Mary Gail Black, the Director of Recreation and the Director of Public Works.

On motion of Councilman Settle , seconded by Councilwoman Rappa and on the following roll call vote:

AYES: Councilmembers Settle, Rappa, Pinard, Reiss and Mayor Dunin NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this _ -.4th -. - - -- day of October , 1988
It
Mayor, R Dun"'
ATTEST
City C1 k, Pamela Voge
APPROVED:

City A inistrative Officer
Z- 7 - -
City At o ey -
D rector of Finance

C

GRANT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, and subject to the covenants, conditions, restrictions and reservations set forth, MARY GAIL BLACK, a single woman, Grantor, does hereby grant to the CITY OF SAN LUIS OBISPO. A MUNICIPAL CORPORATION, the hereinafter described real property in the City- of San Luis Obispo, County of San Luis Obispo. Stage of California. commonly referred to as 464 and 466 Dana Street, properly called the Cornet Adobe ( rather than the " Simmler Adobe" or the " Waterman Adobe" as it is sometimes referred to) with the request that the adobe and t'wo adjoining wings that make up the old house, and the trees on that property be maintained by the City for park or recreational purposes, and that Mildred Wat:erman' s name be included in any name that the City gives to this park area. Said property is described in attarhed deed, marked Exhibit " A ".

Reserving unto MARY GAIL BLACK a Life: Estate during the remainder of her natural life in and. to said real property and premises and all improvements thereon, including but. riot limited. to, the sole use, control, benefit. and income of all of same during her natural life.

By the acceptance of this Deed, said City of San Luis Obispo, hereinafter referred to as " City," agrees:

1. To provide water and sewer service for said property. whir.h shall include maintaining continuous water- and sewer service for Grantor, fk:%
Grantor' s tenants at 466 liana Street. and the yard to said property during Grantor' s lifetime. and the payment of any and all bills for said service to Grantor and Grantor' s tenants at. 466 D ;ura Street during Grantor' s lifetime.

A-- 4: granl. +

M

2. . To provide payment for insurance coverage on said property and Grantor' s adjoining property commonly known as 460 anti 462 Dana Street so• long, as that property is also owned by Grantor during her lifetime. That coverage shall include Grantor' s homeowner' s, fire, liabilit.v and flood insurance- to the same extent that she presently has for said property.

City to- reimburse Grantor for insurance premiums upon payment thereof by Grantor.

3. To maintain the structures, utility services and yard area on the described property. Said maintenance shall include roof repair as needed. yard maintenance including thinning and trimming of trees and shrubbery substantially as the yard is now, mowing, edging and removing leaves and all other maintenance to the yard as needed ( City shall be responsible for watering of trees two times a month during Life Estate) and keeping the water and sewer services operable. Nothing provided for herein should be. construed as preventing Grantor from calling an electrician, plumber or other service repairman in an emergency, in which event the City will be responsible for said emergency service bill.

Except as provided herein, City will be responsible for any necessary repairs to said structure.

4. To be responsible for all real property taxes and assessments imposed upon said property from the date of this Deed.

5. To' allow ingress and egress over the driveway alnng the t' y^ southwesterly 12' of conveyed property to provide access from Dana Street for the residents at. 460 Dana and 462 Dana Street: to said properties. 7 Grantor' s adjoining property generally described as San r. uis Ohispo County Assessor' s. Parcel No. 02-- 401-- 11. however, parking of vehicles by said 2 -
t ? —/.,.
0

0 residents within the easement shall be prohibited, except as allowed by Grantor during Grantor' s lifetime.

6. To disallow the public use of said property during the lifetime of Grantor.

7. In the eve.nt. of failure to comply with any of the covenants and conditions herein contained; said City, and any successor thereof, shall forfeit all title to said real property and, in the event of any such forfeiture. title to - said real property shall revert to Grantor.

Dated this day of 1988.

MARY GAIL BLACK
U
o . - I_ 7
3 o . - I_ 7

rl

Resolution No. PC-1093-24
ARCH-0329-2022 and EID-0637-2022
466 Dana Street

RESOLUTION NO. PC-1093-24

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN

LUIS OBISPO ADOPTING THE INITIAL STUDY/MITIGATED NEGATIVE

DECLARATION OF ENVIRONMENTAL IMPACT PREPARED PURSUANT
TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA);
DETERMINING GENERAL PLAN CONFORMANCE; AND APPROVING A
PROJECT PROPOSING THE CONSTRUCTION OF 20 LOW- TO VERYLOW INCOME AFFORDABLE HOMES WITH A REQUEST FOR A

CONCESSION PURSUANT TO CA STATE DENSITY BONUS LAW FOR A REDUCTION OF PARKING REQUIREMENTS; REHABILITATION OF THE MASTER LIST HISTORIC ROSA BUTRÓN ADOBE INCLUDING

DEMOLITION OF PORTIONS OF THE BUILDING AT THE REAR OF THE STRUCTURE; REMOVAL OF 12 TREES WITH A COMPENSATORY
PLANTING PLAN; (466 DANA ST, ARCH-0329-2022 & EID-0637-2022) WHEREAS, the Cultural Heritage Committee of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on October 28, 2024, recommending to the Planning Commission that the proposed project is consistent with the Historic Preservation Ordinance, with two recommendations to evaluate elements of the site’s history, and two recommendations to include construction staff training specific to the Mission era, as well as including historical signage; and
WHEREAS, the Architectural Review Commission of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on November 18, 2024, recommending to the Planning Commission that the proposed project is consistent with the Community Design Guidelines, with recommendations regarding project sequencing, design changes to color and on-site amenities, and to increase short-term bike parking for visitors to the property; and
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, on December 11, 2024, for the environmental review, general plan conformity and entitlement review of a project proposing the construction of 20-low to very-low income affordable homes with a request for a concession pursuant to CA State Density Bonus Law for a reduction in parking requirements, rehabilitation of the master list historic Rosa Burtron Adobe including demolition of portions of the building at the rear of the structure and removal of 12 trees with a compensatory planting plan located at 466 Dana Street, pursuant to a proceeding instituted under ARCH-0329-2022 and EID-0637-2022; Smart Share Housing, applicant; and
WHEREAS, notice of said public hearing were made at the time and in the manner required by law; and

Resolution No. PC-1093-24
ARCH-0329-2022 and EID-0637-2022
466 Dana Street

WHEREAS, the Planning Commission has duly considered all evidence, including the testimony of the applicant, interested parties, and the evaluation and recommendations by staff, presented at said hearing.

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

SECTION 1. Environmental Review. The Planning Commission hereby adopts the Initial Study and Mitigated Negative Declaration that finds that with the incorporation of the following mitigation measures and the mitigation monitoring program, environmental impacts will be less than significant:

Air Quality Mitigation
Mitigation Measure AQ-1. During all construction activities and use of diesel vehicles, the applicant shall implement the following idling control techniques:

Idling Restrictions Near Sensitive Receptors for Both On- and Off-Road Equipment.
a. Staging and queuing areas shall be located at the greatest distance feasible from sensitive receptor locations;
b. Diesel idling shall not be permitted when equipment is not in use; c. Alternative-fueled equipment shall be used whenever possible; and d. Signs that specify the no idling requirements shall be posted and enforced at the construction site.

California Diesel Idling Regulations. 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:
a. Shall not idle the vehicle’s primary diesel engine when vehicle is not in use, except as noted in Subsection (d) of the regulation; and b. Shall not operate a diesel-fueled auxiliary power system to power a heater, an air conditioner, or any ancillary equipment on that vehicle during sleeping or resting in a sleeper berth for greater than 5 minutes at any location when within 100 feet of a restricted area, except as noted in Subsection (d) of the regulation.

Resolution No. PC-1093-24
ARCH-0329-2022 and EID-0637-2022
466 Dana Street

c. Signs must be posted in the designated queuing areas and job sites to remind drivers of the 5-minute idling limit. The specific requirements and exceptions in the regulation can be reviewed at the following website:
https://ww2.arb.ca.gov/capp-resource-center/heavy-duty-diesel-vehicle-idlinginformation. ➢ AQ-1 Monitoring Plan. The City shall verify all measures are shown on relevant site plan sheets at the time of submittal of applications for demolition, building, and construction permits.

Mitigation Measure AQ-2 During all construction and ground-disturbing activities, the applicant shall implement the following particulate matter control measures such that they do not exceed the Air Pollution Control District 20% opacity limit and minimize nuisance impacts. Each measure shall be detailed on the project grading and building plans:
a. Reduce the amount of the disturbed area where possible; b. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site and from exceeding the San Luis Obispo County Air Pollution Control District limit of 20% opacity for greater than 3 minutes in any 60-minute period. Increased watering frequency would be required whenever wind speeds exceed 15 miles per hour. Reclaimed (nonpotable) water shall be used whenever possible. When drought conditions exist and water use is a concern, the contractor or builder shall consider the use of a dust suppressant that is effective for the specific site conditions to reduce the amount of water used for dust control. Please refer to the following link from the San Joaquin Valley Air District for a list of potential dust suppressants:
https://ww2.valleyair.org/compliance/dust-control/reducing-dust-emissions/; c. All stockpiled dirt shall be sprayed daily and covered with tarps or other dust barriers, as needed;
d. All roadways, driveways, sidewalks, etc. to be paved shall be completed as soon as possible, and building pads shall be laid as soon as possible after grading unless seeding, soil binders or other dust controls are used; e. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or shall maintain at least 2 feet of freeboard (minimum vertical distance between top of load and top of trailer) or otherwise comply with California Vehicle Code Section 23114;
f. “Track-Out” is defined as sand or soil that adheres to and/or agglomerates on the exterior surfaces of motor vehicles and/or equipment (including tires) that may

Resolution No. PC-1093-24
ARCH-0329-2022 and EID-0637-2022
466 Dana Street

then fall onto any highway or street as described in CVC Section 23113 and California Water Code 13304. To prevent track-out, designate access points and require all employees, subcontractors, and others to use them. Install and operate a “track-out prevention device” where vehicles enter and exit unpaved roads onto paved streets. The track-out prevention device can be any device or combination of devices that are effective at preventing track-out, located at the point of intersection of an unpaved area and a paved road. Rumble strips or steel plate devices need periodic cleaning to be effective. If paved roadways accumulate tracked out soils, the track-out prevention device may need to be modified;
g. All fugitive dust mitigation measures shall be shown on grading and building plans;
h. The contractor or builder shall designate a person or persons whose responsibility is to ensure any fugitive dust emissions do not result in a nuisance and to enhance the implementation of the mitigation measures as necessary to minimize dust complaints and reduce visible emissions below the San Luis Obispo County Air Pollution Control District’s limit of 20% opacity for greater than 3 minutes in any 60-minute period. Their duties shall include holidays and weekend periods when work may not be in progress (for example, wind-blown dust could be generated on an open dirt lot). The name and telephone number of such persons shall be provided to the San Luis Obispo County Air Pollution Control District Compliance Division prior to the start of any grading, earthwork, or demolition (Contact the Compliance Division at 805-781-5912). i. 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;
j. 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; k. 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 San Luis Obispo County Air Pollution Control District; l. Vehicle speed for all construction vehicles shall not exceed 15 miles per hour on any unpaved surface at the construction site;

Resolution No. PC-1093-24
ARCH-0329-2022 and EID-0637-2022
466 Dana Street

m. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers shall be used with reclaimed water where feasible. Roads shall be pre-wetted prior to sweeping when feasible; and n. Take additional measures as needed to ensure dust from the project site is not impacting areas outside the project boundary.
➢ AQ-2 Monitoring Plan. The City shall verify all measures are shown on relevant site plan sheets at the time of submittal of applications for demolition, building, and construction permits.

Mitigation Measure AQ-3. Prior to initiation of demolition/construction activities, the applicant shall retain a registered geologist to conduct a geologic evaluation of the property, including sampling and testing for naturally occurring asbestos in full compliance with California Air Resources Board Air Toxics Control Measure for Construction, Grading, Quarrying, and Surface Mining Operations (17 California Code of Regulations Section 93105) and San Luis Obispo County Air Pollution Control District requirements. This geologic evaluation shall be submitted to the City of San Luis Obispo Community Development Department upon completion. If the geologic evaluation determines that the project would not have the potential to disturb naturally occurring asbestos, the applicant must file an Asbestos Air Toxics Control Measure exemption request with the San Luis Obispo County Air Pollution Control District. ➢ AQ-3 Monitoring Plan. The City shall verify receipt of the geologic evaluation at the time of applicant application for demolition, building, or construction permits, whichever occurs first.

Mitigation Measure AQ-4. If naturally occurring asbestos is determined to be present on-site, proposed earthwork and construction activities shall be conducted in full compliance with the various regulatory jurisdictions regarding naturally occurring asbestos, including the California Air Resources Board Air Toxics Control Measure for Construction, Grading, Quarrying, and Surface Mining Operations (17 California Code of Regulations Section 93105) and requirements stipulated in the National Emission Standards for Hazardous Air Pollutants (40 Code of Federal Regulations Part 61, Subpart M - National Emission Standard for Asbestos). These requirements include, but are not limited to, the following:
a. Written notification, within at least 10 business days of activities commencing, to the San Luis Obispo County Air Pollution Control District; b. Preparation of an asbestos survey conducted by a Certified Asbestos Consultant; and

Resolution No. PC-1093-24
ARCH-0329-2022 and EID-0637-2022
466 Dana Street