HomeMy WebLinkAboutR-11059 approving the Architectural Design of a new Performing Arts Facility (SLO Rep) and a new Parking StructureRESOLUTION NO. 11059 (2019 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, APPROVING THE ARCHITECTURAL DESIGN
OF A NEW PERFORMING ARTS FACILITY (SLO REP THEATRE) AND
A NEW PARKING STRUCTURE, A DEVIATION IN THE HEIGHT AND
FLOOR AREA RATIO FOR THE PARKING STRUCTURE, USE
PERMITS TO ALLOW THE SLO REP THEATRE AND A PARKING
STRUCTURE WITHIN THE DOWNTOWN COMMERCIAL ZONE, AND
ADOPT A GENERAL PLAN AMENDMENT CHANGING THE PROJECT
SITE FROM OFFICE AND MEDIUM-HIGH DENSITY RESIDENTIAL TO
GENERAL RETAIL WITH AN ADDENDUM TO THE CERTIFIED
ENVIRONMENTAL IMPACT REPORT AS REPRESENTED IN THE
CITY COUNCIL AGENDA REPORT AND ATTACHMENTS DATED
NOVEMBER 5, 2019 (609 & 633 PALM, 610, 614 & 630 MONTEREY, 970 &
972 NIPOMO STREETS; ARCH-0415-2019, USE-0416-2019, ARCH-0448-
2019, USE-0388-2017 & GENP-0389-2017)
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public
hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on
October 23, 2019, for the purpose of considering the architectural design of a new performing arts
facility and a new parking structure, a deviation in the height and Floor Area Ratio (F.A.R.) for
the parking structure, use permits to allow the SLO Rep Theatre and a parking structure within the
Downtown Commercial Zone and adopt a General Plan Amendment changing the project site from
Office and medium-high density residential to General Retail for the property located at 609 &
633 Palm, 610, 614 & 630 Monterey, 970 & 972 Nipomo Streets to facilitate the proposed project;
and
WHEREAS, the City Council 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
5, 2019, for the purpose of approving the architectural design of a new performing arts facility and
a new parking structure, a deviation in the height and Floor Area Ratio (F.A.R.) for the parking
structure, use permits to allow the SLO Rep Theatre and a parking structure within the Downtown
Commercial Zone and adopt a General Plan Amendment changing the project site from Office and
medium-high density residential to General Retail; and
WHEREAS, the City Council finds that the proposed project is consistent with the General
Plan as amended, the purposes of the Zoning Regulations, and other applicable City ordinances;
and
WHEREAS, the Planning Commission has recommended that the "Liner Building"
component of the project be used for housing; and
WHEREAS, notice of said public hearing were made at the time and in the manner
required by law; and
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Resolution No. 11059 (2019 Series)
WHEREAS, The City Council 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 Council of the City of San Luis Obispo
as follows:
SECTION 1. Findings. The City Council does hereby approve the proposed project based
on the following findings:
1. The project will not be detrimental to the health, safety, or welfare of those working or
residing in the vicinity since the proposed project is consistent with the site's Downtown
Commercial zoning designation and will be subject to conformance with all applicable
building, fire, and safety codes.
General Plan Amendment Findings:
2. The proposed General Plan Amendment is consistent with policy direction for the area
included in the General Plan, and in particular with the following General Plan policies:
LUE Policy 4.1, because the project provides off-site parking, civic, cultural, entertainment
and mixed-use opportunities for Downtown; LUE Policies 4.3, 5.2.2, 5.2.3, and 5.2.5,
which promote the development of Entertainment and Cultural Facilities in the downtown;
and LUE Policy 4.14 and Circulation Element policy 13.2.4 which support the construction
of parking structures.
3. The General Plan Amendment allows for the implementation of the proposed project by
updating the City's General Plan land use map to reflect the development anticipated by
the proposed Palm Nipomo Parking Structure Project.
4. The site is physically suited for the proposed project because the project is consistent with
the 2017 Downtown Concept Plan.
Palm Nipomo Parking Structure Architectural Design Findings:
5. The proposed new building is consistent with Historic Preservation Program Guidelines
Section 3.2.1 because the building is designed to be architecturally compatible with
Downtown Historic District structures.
6. The project design maintains consistency with the Community Design Guidelines Chapter
4 (Downtown Design Guidelines), Sections 4.2 (A-D) by providing: human scale and
proportion, architectural design that complements the character of the surrounding
neighborhood, transparency and provides architectural interest on all four sides of the
building.
7. The project design is consistent with the Community Design Guidelines Section 6.3(A-B,
D-E) because the project includes convenient pedestrian linkages to the sidewalk along
each street, pedestrian access and alternative paving materials while minimizing "vast seas
of parking" by proposing a structure as opposed to surface parking lots.
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SLO Rep Theatre Architectural Design Findings:
8. The proposed new building is consistent with Historic Preservation Program Guidelines
Sections 3.2.1 and 5.2.2 because the building is designed to be architecturally compatible
with Downtown Historic District structures.
9. The project design maintains consistency with the Community Design Guidelines Chapter
4 (Downtown Design Guidelines), Sections 4.2 (A-D) by providing: human scale and
proportion, various upper story setbacks, includes similar vertical elements that are found
in the surrounding architecture of the existing buildings, an architectural design that
complements the character of the surrounding neighborhood, transparency is included in
the front fa~ade with the inclusion of glass curtain walls and provides architectural interest
on all four sides of the building.
Palm Nipomo Parking Structure Use Permit Findings:
10. The proposed use is allowed with a use permit within the Downtown Commercial (C-D)
zone and complies with all other applicable provisions of the Zoning Regulations.
11. The proposed parking structure use is located where a parking structure is called out on the
2017 Downtown Concept Plan.
12. The parking structure use is consistent with LUE policy 4.14 and Circulation Element
policy13.2.4 that state that any major increases in parking should take the form of a
structure located at the edge of the commercial core and that additional parking should be
supported by a parking study.
13. The site is physically suitable in terms of its design, location, shape, size, and operating
characteristics of the proposed use; traffic generation and the provision of public and
emergency vehicle access; public protection services; and the provision of utilities.
14. The establishment and subsequent operation or conduct of the use will not, because of the
circumstances and conditions applied in the particular case, be detrimental to the health,
safety or welfare of the general public or persons residing or working in the neighborhood
of the use, or be detrimental or injurious to property or improvements in the vicinity of the
use.
SLO Rep Theatre Use Pe1mit Findings:
15. The proposed use is allowed with a use permit within the Downtown Commercial (C-D)
zone and complies with all other applicable provisions of the Zoning Regulations.
16. The proposed SLO Rep Theatre use is located where a theater is called out on the 2017
Downtown Concept Plan.
17. The proposed SLO Rep Theatre use is consistent with LUE policies 5.2.2, 5.2.3, and 5.2.5
because the theater will be located near Mission Plaza along Monterey Street in the Cultural
Facilities Area.
18. The site is physically suitable in terms of its design, location, shape, size, and operating
characteristics of the proposed use; traffic generation and the provision of public and
emergency vehicle access; public protection services; and the provision of utilities.
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19. The establishment and subsequent operation or conduct of the use will not, because of the
circumstances and conditions applied in the particular case, be detrimental to the health,
safety or welfare of the general public or persons residing or working in the neighborhood
of the use, or be detrimental or injurious to property or improvements in the vicinity of the
use.
Palm Niporno Parking Structure deviation from height and F.A.R Findings:
20. The proposed increase in height and F.A.R. for the project is consistent with 2018 Zoning
Regulations Section 17.86.200 (Parking as a Primary Use) that states, Where parking as a
primary use is permitted in compliance with Table 2-1: Uses Allowed by Zone ...
discretionary permit approval may include deviations from otherwise applicable
development standards because the parking structure is designed to meet certain building
and engineering standards.
SECTION 2. Environmental Review. On July 17, 2018, the City Council certified the
Final Environmental Impact Report (FEIR State Clearinghouse Number 2017051011 ), adopted a
Mitigation Monitoring and Reporting Program, and adopted CEQA Findings and Mitigation
Measures, including a Statement of Overriding Considerations, for the Palm Nipomo Parking
Structure Project per Resolution No. 10923 (2018 Series).
The City Council adopts the following findings to approve the Addendum to the certified
FEIR: 1) the minor technical changes addressed in the Addendum do not materially change the
findings and conclusions of the certified FEIR; 2) no substantial changes are proposed or would
occur that would require major revisions to the certified FEIR; 3) no new significant environmental
effects are identified and there would not be a substantial increase in the severity of previously
identified significant effects; 4) the project would not result in any significant effects that would
be substantially more severe than what was identified in the certified FEIR. Furthermore, the
applicant will comply with all mitigation measures and environmentally mitigating project features
included in the certified FEIR.
SECTION 3 . Action. The City Council does hereby approve the proposed project
(ARCH-0415-2019, USE-0416-2019, ARCH-0448-2019, USE-0388-2017, & GENP-0389-2017)
subject to the following conditions. Conditions of Approval shall be applied to specific project
components and shall not restrict or limit the ability for certain aspects of the project to move
forward.
General Plan Amendment and Rezone
1. The General Plan shall be amended as shown in Exhibit A.
2. The Amendment shall apply only to the properties currently proposed to be occupied by
the Project, i.e. to the Project site.
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Pa lm Nipo mo Parking Struc t ure Archi te ctura l De s ign
Planning Division -Community Development Department
3. Final project design and construction drawings submitted for a building permit shall be in
substantial compliance with the project description and plans approved by the City Council.
A separate, full-size sheet shall be included in working drawings submitted for a building
permit that lists all conditions of project approvals listed and mitigation measures in the
MMRP as sheet number 2. Furthermore, as identified in the EIR, environmentally
mitigating project features shall be included in the final project design.
4. Reference shall be made in the margin oflisted 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.
5. Plans submitted for a building permit shall call out the colors and materials of all proposed
building surfaces and other improvements.
6. The building plan submittal shall include privacy screening that will restrict the ability for
users of the parking structure to overlook into the adjacent property while using the
southeastern stairway to the satisfaction of the Community Development Director.
7. The locations of all exterior lighting, including bollard style landscaping or path/parking
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,
subject to the approval of the Community Development Director. 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 .23 of the 2015 Zoning Regulations.
8. Plans submitted for a building permit shall clearly state the type/model of bicycle racks
proposed, location and dimensions of all 32 short and long-term bicycle parking spaces.
All long-term bicycle parking spaces shall be located within the parking structure.
Sufficient detail shall be provided about the placement and design of bike racks to
demonstrate compliance with relevant Engineering Standards and Community Design
Guidelines and this condition of approval, to the satisfaction of the Public Works and
Community Development Directors.
9. Plans submitted for a building permit shall include window details indicating the type of
materials for the window grids, their dimensions, and colors. Plans shall demonstrate the
use of high-quality materials for the window grids that reflect the architectural style of the
project to the approval of the Community Development Director.
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10. Mechanical and electrical equipment shall be located internally to the structure or site. With
submittal of working drawings, the applicant shall clearly show the location and sizes of
any proposed condensers and other mechanical equipment. If any mechanical equipment
is to be placed on the roof, plans submitted for a building permit shall confirm that parapets
or other roof features will adequate I y screen them. A line-of-sight diagram may be required
to confirm that proposed screening will be adequate. This condition applies to initial
construction and later improvements.
11. The location of any required backflow preventer and double-check assembly shall be
shown on all site plans submitted for a building permit and shown and called out on the
landscaping plans. 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 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.
12. 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. Street trees species shall comply with City standards and may include palm trees.
Engineering Division -Public Works/Community Development Department
13. The Parking Structure shall conform to the overall proposed campus designs and approvals
for the Palm Nipomo Parking Structure Project and any subsequent agreements between
the SLO Rep Theatre and the City. The project shall also conform to previously approved
bulb-out and crossing designs for the Monterey Place project located at 667 Monterey.
14. The project address should be established prior to building permit application if possible.
Otherwise, the address will be established during permit review and prior to permit
issuance.
15. A separate demolition plan and permits are required for the structures located on the project
site. The plan shall include an inventory of all improvements located on the City parcel
and within the public right-of-way. Any historic materials shall be noted and shall include
a matrix of the proposed disposition. Unless otherwise proposed or required to be re-used
within the project, the historic granite curbing, walls, and stairs located on the project site
shall be preserved and delivered to an approved location to the satisfaction of the City.
16. The demolition plans shall show the location of all existing utilities. Existing utilities shall
be approved for re-use or shall be abandoned per City Engineering Standards. The
applicant should confirm whether any utilities remain from the previous demolition of the
structure(s) located on the project site. City improvement plan records and/or sewer
mainline televising records are available upon request.
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17. A lot line adjustment or merger shall be processed by a separate Planning application
through the Planning Division to remove the underlying property lines. Unless otherwise
specifically approved for deferral by the City, all underlying parcels shall be merged prior
to building permit issuance.
18. Projects involving the construction of new structures generally requires that complete
frontage improvements be installed or that existing improvements be upgraded per city
standard. MC 12.16.050
19. New curb, gutter, sidewalk, curb ramps, bulb-outs, street parking, signage, striping, parking
meters, street tree plantings, street lighting, demolitions, etc. shall be completed as a
condition of the project. Except where standard streetlights are required, the frontage
improvements shall include new pedestrian level streetlights per the approved master plan
and City Engineering Standards.
20. The project is located within the Mission Style Sidewalk District of downtown. Unless
otherwise directed and approved by the Public Work or Community Development
Directors, all new or replaced improvements shall be constructed in the Mission Style per
City Engineering Standards.
21. All proposed street furniture shall conform to City Engineering Standards and Community
Design Guidelines. Final furniture placement and aesthetics shall consider need, phasing,
pedestrian circulation, line-of-sight, and future maintenance. The proposed furniture and
layout shall be approved to the satisfaction of the Public Works and Community
Development Directors.
22. City Engineering standards include a preference for parkways over integral sidewalks
where adequate sidewalk width is available and street parking has been removed. The final
design for the Nipomo Street frontage shall consider whether parkways or tree plantings in
tree wells is preferred. Direction on this item shall be approved to the satisfaction of Public
Works and Community Development Directors.
23. The street tree and landscape planting plan shall consider line of sight for vehicles and
pedestrians. Unless approved by the City, new tree plantings along Nipomo should be
located near the face of curb per City Engineering Standards.
24. The improvement plans and building plan submittal shall include all sidewalk dimensions
and clearances. Pedestrian clear space shall be shown along Nipomo for the existing street
trees to remain within the widened sidewalk. Clearances shall be shown to both the face
of curb, interim patio improvements, and to the face of the future office addition. The
commercial/residential addition plans may need to show a building or building entry in
consideration of the existing trees to provide for minimum pedestrian passage widths.
25. As recommended by the Planning Commission, the liner building should be used for
housing and staff is directed to evaluate the feasibility of moving forward with a
public/private partnership to entitle and develop housing on this portion of the site, to be
built after construction of the parking structure is completed.
26. The final street width and sidewalk widening along Nipomo may need to be adjusted to
accommodate a bulb-out for the driveway approach into the garage and for the pedestrian
crossing at Dana.
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27. The decorative crosswalks shall conform to the City Engineering Standards in effect or in
an approved draft form at the time of construction. Flashers for the uncontrolled crossings
shall be approved by the Public Works Department. Unless, solar powered equipment is
specifically approved at one or more locations, secondary power shall be provided to
activate the flashers.
28. Any proposed phasing of the public improvements shall be approved by the City. If phased,
interim improvements may be required to provide a reasonable transition between
adjoining projects.
29. The required public improvements may be shown with the building permit submittal or
could be processed as a separate public improvement plan. The on-site plans and off-site
plans shall agree. Unless otherwise approved by the City, the building permit plans shall
not be approved or permits issued until the adjoining public improvements are approved.
Record plans shall be provided for the work within the public right-of-way at the
completion of the project.
30. The building plan submittal shall include a complete site, grading, drainage, and utility
plan. If proposed grading, drainage, and utilities are to be permitted under a separate
submittal, this information shall be shown "for reference only" on the building plan
submittal. The plan shall show all existing and proposed underground and overhead utilities
for reference. All utility company meters, vaults, equipment, and transformers shall be
shown for reference.
31. All new wire utilities shall be underground. Unless otherwise approved by the City, the
underground service(s) shall be achieved without use of utility poles within the public
right-of-way.
32. The required POE service work and their preliminary design memo shall be reviewed and
approved by the City and the engineer of record prior to commencing with final designs.
The final PGE handout package shall be approved prior to building permit issuance or shall
be listed as a deferred submittal item. The plan shall clarify how secondary service will be
maintained or re-served to the remaining properties to the east.
33. The demolition plan, topo plan, and/or site electrical plan shall show all existing joint poles,
parking lot lighting, light numbers and wattage, POE services, and tele-com services. The
plans shall include JP/SL #1561, SL pole #1741/120388413, and JP #643/110368243.
34. JP #643 appears to carry secondary power and tele-com to serve the Palm and Monterey
properties to the east from their respective rear yards. The lines appear to terminate at JP /SL
#1499/120388414 located within City Parking Lot #9. The plans shall clarify how service
will be maintained to the existing services. If service can be reserved from JP #1499 in
Parking Lot #9, existing off-site JP #643 would become a terminal pole and might be
abandoned in favor of a new pole and guy located off the common property line.
35. Handrails for any on-site stairs or ramps shall not encroach into the public right-of-way or
public sidewalk area and shall comply with current Americans with Disabilities Act (ADA)
code.
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36. The building plan submittal and project drainage report shall show and note compliance
with the Drainage Design Manual, Floodplain Management Regulation, and the Post
Construction Stormwater Regulations. The stormwater BMP's shall be located outside the
public right-of-way unless otherwise specifically approved by the City. The PCR
compliance approach and strategy shall consider how the treatment of runoff from the
altered or replaced public improvements will be managed. Some stormwater BMP's
designed to treat runoff from public streets and sidewalks may be located within the Public
right-of-way.
3 7. The building plan submittal shall clarify whether the lower floor of the parking structure
and future commercial/residential structure are located above the base flood elevation
(BFE). If not, the structure and openings shall be floodproofed and constructed of flood
resistant materials. All building service equipment and elevators shall be located outside
the mapped flood zone, 1' above the BFE, or floodproofed to 1' above the BFE.
38. The building plan submittal shall include a complete grading and drainage plan. The plan
shall evaluate whether there is existing run-on from the neighboring upslope properties.
The plans shall clarify the extent of any run-on and shall clarify how the drainage will be
collected and conveyed to an approved outlet. A portion of the roof from an adjoining
structure with a zero setback appears to discharge onto this site. An analysis of the entire
limits of the watershed tributary to the easterly property line will be required.
39. The building plan submittal shall include a complete tree summary showing all existing
trees, tree diameters, species, and proposed disposition. The plan shall include trees on
neighboring properties with tree canopies/root zones that may encroach into the area of
construction disturbance. A tree preservation plan shall be provided as part of the building
plans to clarify how all trees proposed to remain will be protected during demolition and
construction.
40. Street trees are required as a condition of the building permit. The landscape and irrigation
plans shall show irrigation improvements and sleeves under the sidewalk to provide
irrigation to any parkway plantings and/or tree wells. Street tree species and plantings shall
be in accordance with the City Engineering Standards and may include palm trees.
Transportation Division -Public Works Department
41. The proposed uncontrolled crosswalks on Nipomo Street and Monterey Street shall be
designed to include features such as flashers, decorative pavement treatment, warning
signage, pavement markings, and bulbouts similar to other crosswalks in the downtown
area. The specific design treatments at all proposed crosswalks shall be approved by the
City Public Works Department in conjunction with review off the public improvement
plans.
42. Design of proposed bulbouts, driveways and other intersection geometric modifications
shall include vehicle turning path analysis using appropriate design vehicles as identified
in the City's Engineering Standards to the satisfaction of the Public Works Director.
Designs shall consider placement of street trees, landscaping and other vertical features
near intersections, driveways and pedestrian crossings in order to maintain adequate sight
distance per City Engineering Standards .
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43. Sidewalk landscaping, street furniture and/or other elements shall be designed to
discourage pedestrian crossings of Nipomo Street at the northeast comer of the Nipomo
Street/Monterey Street intersection, the southwest comer of the Nipomo Street/Dana Street
intersection, and the southeast comer of the Nipomo Street/Palm Street intersection.
44. Frontage improvements shall include installation of standard streetlights and downtown
pedestrian lighting per City Standards to the satisfaction of the Public Works Director.
45. Consistent with Mitigation Measure T-1 per the project's Final EIR, prior to issuance of
each building permit, the construction contractor(s) shall develop a construction
management plan for review and approval of the Community Development and Public
Works Departments to identify traffic management strategies to address traffic congestion,
construction staging/traffic control, parking demand and other transportation concerns
related to project construction activities.
46. Where frontage improvements are proposed, sidewalks shall have a minimum of eight (8)
feet clear width, unless otherwise approved by the Public Works Director.
47. Consistent with Mitigation Measure T-3 per the project's Final EIR, the public
improvement plans shall incorporate improvements to the Dana Street/Nipomo and
Monterey Street/Nipomo Street intersections to enhance pedestrian safety and
accessibility. At a minimum, the public improvements shall include the following elements
to the satisfaction of the Public Works Director:
a. High-visibility crosswalk markings or other intersection enhancements , with
directional curb ramps across Nipomo Street from the northwest comer of Dana
Street/Nipomo Street to the southwest comer of the parking structure.
b. High-visibility crosswalk markings or other intersection enhancements, with
directional curb ramps across Nipomo Street from the southeast comer of Monterey
Street/Nipomo Street across Nipomo Street.
c. Standard crosswalks or other intersection enhancements, with directional curb
ramps across Monterey Street and Dana Street where they intersect with Nipomo
Street.
d. Reduce comer curb radii on the southwest comer of Dana Street/Nipomo Street and
the northeast comer of Monterey Street/Nipomo Street.
48. Final designs for the Palm Street access driveway to the parking structure shall be refined
to provide acceptable visibility sight triangles for both vehicular traffic on Palm Street and
pedestrians crossing the driveway.
Utilities Department
49. 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.
50. The project shall construct a new sewer lateral and water services for the proposed use.
51. Revisions to the existing sewer and water infrastructure, that may result from the proposed
land use modifications, shall be completed to the satisfaction of the Utilities Director to
minimize impacts to operations and maintenance of the services.
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52. Underground dewatering systems for basements shall discharge to an on-site retention
system or shall obtain an environmental compliance permit prior to issuance of an
occupancy permit.
53. Final grades and alignments of all public and/or private water, and sewer services shall be
approved to the satisfaction of the Utilities Department. The final location, configuration,
and sizing of on-site service laterals and meters shall be approved by the Utilities Director
in conjunction with the review of the building plans, fire sprinkler plans, and/or public
improvement plans.
54. Projects generating more than two cubic yards of total waste shall comply with AB 1826,
and local waste management ordinance to reduce greenhouse gas emissions. Trash
enclosure(s) shall conform the requirements by the San Luis Garbage Company and refuse
bins shall be sized to provide a reasonable level of service. Separate refuse bins shall be
accommodated within the site for waste, recycling, and organics.
55. Tree wells shall maintain a 10-foot clearance to the existing sewer and water mains. New
curbs along the frontage improvements shall maintain a 2-foot clearance between the lip
of gutter and the existing sewer or water mains.
SLO Rep Theatre Architectural Design
Planning Division -Community Development Department
56. 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 City shall fully
cooperate in the defense against an Indemnified Claim.
57. Final project design and construction drawings submitted for a building permit shall be in
substantial compliance with the project description and plans approved by the City Council.
A separate, full-size sheet shall be included in working drawings submitted for a building
permit that lists all conditions of project approvals listed and mitigation measures in the
MMRP as sheet number 2. Furthermore, as identified in the EIR, environmentally
mitigating project features shall be included in the final project design.
58. Reference shall be made in the margin oflisted 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.
59. The design of the proposed SLO Rep Theatre shall be consistent with the proposed fa~ade
redesign included in the plans submitted as part of the Planning Commission staff report
dated October 23, 2019. The building permit submittal shall accurately show the location
of all the terra cotta tiles and which colors will be located where.
60. Plans submitted for a building permit shall call out the colors and materials of all proposed
building surfaces and other improvements.
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Resolution No. 11059 (2019 Series)
61. The locations of all exterior lighting, including bollard style landscaping or path/parking
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,
subject to the approval of the Community Development Director. 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 .23 of the 2015 Zoning Regulations.
62. Plans submitted for a building permit shall clearly state the type/model of bicycle racks
proposed, location and dimensions of all 13 short and long-term bicycle parking spaces.
All long-term bicycle parking spaces shall be located within the building. Sufficient detail
shall be provided about the placement and design of bike racks to demonstrate compliance
with relevant Engineering Standards and Community Design Guidelines, to the satisfaction
of the Public Works and Community Development Directors.
63. Plans submitted for a building permit shall include window details indicating the type of
materials for the window frames and mullions, their dimensions, and colors. Plans shall
include the materials and dimensions of all lintels, sills, surrounds recesses and other
related window features. Plans shall demonstrate the use of high-quality materials for the
windows that reflect the architectural style of the project and are compatible with the
neighborhood character, to the approval of the Community Development Director.
64. Mechanical and electrical equipment shall be located internally. With submittal of working
drawings, the applicant shall include sectional views of the building, which clearly show
the sizes of any proposed condensers and other mechanical equipment. If any condensers
or other mechanical equipment is to be placed on the roof, plans submitted for a building
permit shall confirm that parapets and other roof features will adequately screen them. A
line-of-sight diagram may be required to confirm that proposed screening will be adequate.
This condition applies to initial construction and later improvements.
65. The location of any required backflow preventer and double-check 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 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.
66. 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. Street trees species shall comply with City standards and may include palm trees.
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67. The applicant shall pay parking in-lieu fees for 67 parking spaces prior to building permit
issuance unless another agreement is supported by the City to the satisfaction of the
Community Development and Public Works Directors.
Engineering Division -Public Works/Community Development Department
68. The Parking Structure shall conform to the overall proposed campus designs and approvals
for the Palm Nipomo Parking Structure Project and any subsequent agreements between
the SLO Rep Theatre and the City. The project shall also conform to previously approved
bulb-out and crossing designs for the Monterey Place project located at 667 Monterey.
69. The project address should be established prior to building permit application if possible.
Otherwise, the address will be established during permit review and prior to permit
issuance.
70. A separate demolition plan and permits are required for the structures located on the project
site. The plan shall include an inventory of all improvements located on the City parcel
and within the public right-of-way. Any historic materials shall be noted and shall include
a matrix of the proposed disposition. Unless otherwise proposed or required to be re-used
within the project, the historic granite curbing, walls, and stairs located on the project site
shall be preserved and delivered to an approved location to the satisfaction of the City.
71. The demolition plans shall show the location of all existing utilities. Existing utilities shall
be approved for re-use or shall be abandoned per City Engineering Standards. The
applicant should confirm whether any utilities remain from the previous demolition of the
structure(s) located on the project site. City improvement plan records and/or sewer
mainline televising records are available upon request.
72. Projects involving the construction of new structures generally requires that complete
frontage improvements be installed or that existing improvements be upgraded per city
standard. MC 12.16.050
73. New curb, gutter, sidewalk, curb ramps, bulb-outs, street parking, signage, striping, parking
meters, street tree plantings, street lighting, demolitions, etc. shall be completed as a
condition of the project. Except where standard streetlights are required, the frontage
improvements shall include new pedestrian level streetlights per the approved master plan
and City Engineering Standards.
74. The project is located within the Mission Style Sidewalk District of downtown. Unless
directed otherwise and approved by Public Works or Community Development Directors,
all new or replaced improvements shall be constructed in the Mission Style per City
Engineering Standards.
75. Any proposed phasing of the public improvements shall be approved by the City. If phased,
interim improvements may be required to provide a reasonable transition between
adjoining projects.
76. The required public improvements may be shown with the building permit submittal or
could be processed as a separate public improvement plan. The on-site plans and off-site
plans shall agree. Unless otherwise approved by the City, the building permit plans shall
not be approved or permits issued until the adjoining public improvements are approved.
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77. The building plan submittal shall include a complete site, grading, drainage, and utility
plan. If proposed grading, drainage, and utilities are to be permitted under a separate
submittal, this information shall be shown "for reference only" on the building plan
submittal. The plan shall show all existing and proposed underground and overhead
utilities for reference. All utility company meters, vaults, equipment, and transformers
shall be shown for reference.
78. All new wire utilities shall be underground. Unless otherwise approved by the City, the
underground service(s) shall be achieved without a net increase of utility poles within the
public right-of-way.
79. The required PGE service work and their preliminary design memo shall be reviewed and
approved by the City and the engineer of record prior to commencing with final designs.
The final PGE handout package shall be approved prior to building permit issuance or shall
be listed as a deferred submittal item. The plan shall clarify how secondary service will be
maintained or re-served to the remaining properties to the east.
80. Handrails for any on-site stairs or ramps shall not encroach into the public right-of-way or
public sidewalk area and shall comply with current Americans with Disabilities Act (ADA)
code.
81. The building plan submittal and project drainage report shall show and note compliance
with the Drainage Design Manual, Floodplain Management Regulation, and the Post
Construction Stormwater Regulations. The stormwater BMP's shall be located outside the
public right-of-way unless otherwise specifically approved by the City. The PCR
compliance approach and strategy shall consider how the treatment of runoff from the
altered or replaced public improvements will be managed. Some stormwater BMP's
designed to treat runoff from public streets and sidewalks may be located within the Public
right-of-way.
82. The building plan submittal shall clarify that the access into the lower floor and basement
exit systems are located above the base flood elevation (BFE). Unless otherwise approved
by the City, a one-foot freeboard should be provided above the BFE. All building service
equipment shall be located outside or above the BFE.
83. The building plan submittal shall include a complete grading and drainage plan. The plan
shall evaluate whether there is existing run-on from the neighboring upslope properties.
The plans shall clarify the extent of any run-on and shall clarify how the drainage will be
collected and conveyed to an approved outlet. A portion of the roof from an adjoining
structure with a zero setback appears to discharge onto this site. An analysis of the entire
limits of the watershed tributary to the easterly property line will be required.
84. The building plan submittal shall include a complete tree summary showing all existing
trees, tree diameters, species, and proposed disposition. The plan shall include trees on
neighboring properties with tree canopies/root zones that may encroach into the area of
construction disturbance. A tree preservation plan shall be provided to clarify how all trees
proposed to remain will be protected during demolition and construction.
85. Street trees are required as a condition of the building permit. The landscape and irrigation
plans shall show irrigation improvements and sleeves under the sidewalk to provide
irrigation to any parkway plantings and/or tree wells. Street tree species and plantings shall
be in accordance with the City Engineering Standards and may include palm trees.
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Transportation Division -Public Works Department
86. Pursuant to Chapter 4.56 of the City of San Luis Municipal Code, the project shall be
responsible for paying applicable transportation impact fees prior to issuance of building
permits.
87. Per Mitigation Measure T-1 of the Palm/Nipomo Parking Structure Project EIR, a
Construction Management Plan shall be submitted for review and approval by the Public
Works and Community Development Departments. Prior to issuance of building permits
and encroachment permits for the proposed theater project, a Construction Management
Plan must be approved by the Public Works and Community Development Departments -
either as a combined plan for the parking structure and theater project or as a stand-alone
plan for the theater project only.
Utilities Department
88. 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.
89. The project must construct a new sewer lateral and water services for the proposed use.
90. MAW A and ETWU calculations shall be provided for the proposed landscape plan per the
following formula: http://www. slocity .org/ government/ department-directory
91. Projects generating more than two cubic yards of total waste shall comply with AB 1826,
and local waste management ordinance to reduce greenhouse gas emissions. Trash
enclosure(s) shall conform the requirements by the San Luis Garbage Company and refuse
bins shall be sized to provide a reasonable level of service. Separate refuse bins shall be
accommodated within the site for waste, recycling, and organics .
92. Applicant will need to obtain in writing that the proposed enclosures and collection method
meets the San Luis Garbage Company (SLG) requirements. SLG can be contacted at (805)
543-0875. The proposed plans show large waste containers at the bottom of the access
ramp near the north boundary of the project, which will be difficult to access. Please consult
with SLG to review the access and ensure the large bins will not create a safety hazard. All
three waste streams need to be included in the proposed trash enclosure per Section 2.1.1-
D of the Uniform Design Criteria.
93. Driveways and access routes to the trash enclosure shall be designed to accommodate the
size and weight of the garbage trucks; a written confirmation from the San Luis Garbage
Company shall be included in the building permit plans for the proposed project. The trash
enclosure area shall have a maximum slope of two percent in a way that waste services will
not interfere with vehicular or pedestrian traffic.
94. Tree wells shall maintain a 10-foot clearance to the existing sewer and water mains. New
curbs along the frontage improvements shall maintain a 2-foot clearance between the new
lip of gutter and the outside edge of existing sewer or water mains .
95. Underground dewatering systems for basements shall discharge to an on-site retention
system or shall obtain an environmental compliance permit prior to issuance of an
occupancy permit.
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Palm Nipomo Parking Structure Use Permit
96. The proposed parking structure shall operate in substantial compliance with the project
description approved by the City Council.
SLO Rep Theatre Use Permit
97. 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 City shall fully
cooperate in the defense against an Indemnified Claim.
98. The proposed SLO Rep theatre shall operate in substantial compliance with the project
description approved by the City Council.
Upon motion of Council Member Christianson, seconded by Council Member Steward,
and on the following roll call vote:
AYES:
NOES:
RECUSED:
Council Member Christianson, Stewart and Mayor Harmon
None
Council Member Gomez and Vice Mayor Pease
The foregoing resolution was adopted this 121h day of November 20 9.
ATTEST:
IN WITNESS WHEREOF, I have h~r~~to set my h~nd affixed the official seal of the City
of San Luis Obispo, California, this 3 ru\ o{ Dea ~lo:ev-: . 2o I j . s
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Resolution No. 11059 (2019 Series)
EXHIBIT A
Palm Nipomo Parking Structure Project General Plan Amendment Map Change
Existing
Medium-
High
Residential
General
Retail
Proposed
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