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September 21, 2020
County of San Luis Obispo Planning & Building Department County Government Center
San Luis Obispo, CA
Subject: Public Records Act request for records relating to Title 19 retrofit to build provisions as applied in Los Osos
Dear Sirs/Madams:
Pursuant to Government Code sections 6253 and 6253.1, part of the California Public Records Act (CPRA), I am requesting full and accurate copies of the public records specified below. For purposes of compliance with this PRA request, please consider the definition of the terms “public records” as set forth in Government Code section 6252.1.
Please contact me for any clarifications regarding this request, and provide the records in electronic format, preferably in email attachments.
1. Copies of all “retrofit verification declarations” the County has received for all Los Osos Building permits requiring Title 19 compliance since 2010. Title 19 requires that the verifications are “completed and executed by a licensed plumber and/or contractor” for permits subject to Title 19 [Subsection 5(h)].
2. Copies of all “water conservation certificates” that Title 19 requires to be issued by the Department of Planning and Building to the plumbers or contractors who submit retrofit verifications declarations, pursuant to Title 19 [Subsections 5(l)] for all of the building permit applications in Los Osos since 2010.
3. Copies of any additional information related to the documents labeled “Los Osos Building Permits, 2010-Aug2020” and “Los Osos T19 Retofits, 2010- Aug2020,” that we received from your office on August 21, 2010, including but not limited to records that explain (1) the source, process, and justification for use of retrofit credits from years previous to the building permits, (2) why projects were approved without the minimum retrofit credits (e.g., Permits # 6 & #7) and (3) why permits are issued without a certification number on file (last two permits on first Page 1 of document labeled “Los Osos Building Permits, 2010-Aug2020).”
4. Copies of all records that document when and how changes were made to Title 19 that authorize use of washer retrofits or other retrofits within the Prohibition Zone of Los Osos. Title 19 explicitly prohibits retrofits within the Prohibition Zone. We ask that the records include but not be limited to the date of changes, the approval process, minutes of relevant meetings, public notification of the change and approval process, justifications for the change, communication, among/between County staff, supervisors, and/or the public including all related emails.
5. Copies of all records that document when and how changes were made to Title 19 to reduce the 900 gpd offset credit requirement for a single-family dwelling to a 300 gpd offset credit per the footnote at the bottom of the document labeled “Los Osos Building Permits, 2010-Aug2020” that we received on August 31, 2020. We ask that the records include but not be limited to the date of changes, the approval process, minutes of relevant meetings, public notification of the change and approval process, justifications for the change, communication, among/between County staff, supervisors, and/or the public including all related emails.
6. Copies of all records that document when and how the washer retrofit credit formula that assumes “392 loads per year” was created. We ask that the records include but not be limited to the date of changes, the approval process, minutes of relevant meetings, public notification of the change and approval process, justifications for the change, communication, among/between County staff, supervisors, and members of the public including all related emails.
7. Copies of all records that document when and how Title 19 has been amended since 2010 in ways that affect Los Osos, including but not limited to the date of changes, the earlier versions, the approval process, minutes of relevant meetings, public notification of the change and approval process, justifications for the change, communication, among/between County staff, supervisors, and members of the public including all related emails.
Please note that we have not received a response to our Public Records Act request submitted to the Public Works Department on July 20, 2020, relating to Special Condition 5 (see attached). We have received no response at all in violation of the California Public Records Act.
Also note that the list of retrofit credits for approved and pending building permits you sent on August 21, 2020 (file labeled “Los Osos Building Permits, 2010- Aug2020)” is apparently not complete. We have attached a list of building permits you sent prior to that list, which includes about twice as many permits for single family dwellings listed as “Finaled, Issued” or “In review” (see highlighted permits on the attached file labeled “LO building permits (highlighted).” The earlier list also includes about 12 ADUs or guesthouses and about 12 other structures that appear to be subject to Title 19, which were not included on the more recent list. The earlier list is the very long list of permits you first sent. We sorted the list for water-using structures to make the list more manageable. Note that the yellow highlighting shows water-using structures that we could easily identify as outside of the Prohibition Zone and the grey highlighting shows structures we were able to easily identify within the Prohibition Zone. Please provide us a complete list of building permits showing Title 19 compliance or explain why providing the list is not possible.
We have also not received any supervisor emails or other supervisor communications to or from County staff or the public in response to our previous records requests although we requested communications of “officials.” Please provide these in the future.
We thank you for your prompt attention to these requests. Respectfully,
Patrick McGibney
Los Osos Sustainability Group (LOSG)