HomeMy WebLinkAboutItem 16 - Introduce an Ordinance rezoning properties within the Downtown Commercial Zone and Development Review 1144 Chorro mixed-use project Department Name: Community Development
Cost Center: 4003
For Agenda of: August 18, 2020
Placement: Public Hearing
Estimated Time: 45 minutes
FROM: Michael Codron, Community Development Director
Prepared By: Kyle Bell, Associate Planner
SUBJECT: PUBLIC HEARING TO CONSIDER: 1) AN ORDINANCE REZONING THE
SUBJECT PROPERTIES FROM C-D-H AND C-D TO C-D-H-PD AND C-D-
PD TO PROVIDE A PLANNED DEVELOPMENT OVERLAY AND 2)
DEVELOPMENT REVIEW OF A SIX-STORY MIXED-USE BUILDING
CONSISTING OF APPROXIMATELY 30,000 SQUARE FEET OF
COMMERCIAL/OFFICE SPACE AND 50 RESIDENTIAL DWELLING
UNITS, WITHIN THE DOWNTOWN HISTORIC DISTRICT. THE PROJECT
INCLUDES DEMOLITION OF AN EXISTING STRUCTURE, A REQUEST
TO ALLOW A MAXIMUM BUILDING HEIGHT OF 75 FEET, WHERE 50
FEET IS THE STANDARD IN THE DOWNTOWN COMMERCIAL ZONE
WITH THE PROVISION OF REQUIRED COMMUNITY BENEFITS, AND A
REQUEST TO ALLOW A FLOOR AREA RATIO OF 4.0 WITH THE
PERMANENT PRESERVATION OF AN OFF-SITE HISTORIC BUILDING.
RECOMMENDATION
1. Introduce an Ordinance (Attachment A) changing the zoning of the subject properties from
Downtown Commercial (C-D-H and C-D) to (C-D-H-PD and C-D-PD) to include a Planned
Development Overlay, based on findings and subject to conditions as outlined in the draft
ordinance; and
2. Adopt a Resolution (Attachment B) approving a six-story mixed-use building and request to
allow a maximum building height of 75 feet, where 50 feet is the standard in the Downtown
Commercial zone, and a request to allow a floor area ratio of 4.0 with the permanent
preservation of an off-site historic building.
3. Adopt an Initial Study/Mitigated Negative Declaration for the project (Attachment C).
REPORT-IN-BRIEF
The proposed project consists of the demolition of an existing one-story commercial building
(the existing basement would remain in-tact), and construction of a new 65,752-square-foot six-
story mixed-use building that includes approximately 30,000 square feet of commercial/office
space and 50 residential dwelling units on a 16,710-square foot lot. The first floor of the project
is comprised of three retail suites with accommodations for restaurant use, a residential lobby,
commercial office lobby, and a small parking facility with accessible parking, car share spaces,
and delivery/drop off spaces. The second and third floor have been designated for commercial
office uses. The fourth, fifth, and sixth floors are reserved for the residential apartments
(Attachment D, Project Plans).
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Twenty-five percent of the proposed residential units (13 units) would be reserved for tenants
with moderate incomes. The project also includes an application for a Planned Development
Overlay zone including seven parcels with a total area of 2.16 acres located in the Downtown
Historic District. In addition to the PD-Overlay the project includes the following requests:
• Maximum building height of 75 feet, where 50 feet is the standard in the C-D zone.
• Floor area ratio (FAR) of 4.0, where 3.75 is the standard for structures greater than 50
feet in height.
• New driveway along Marsh Street.
The subject property is directly adjacent to the Master List Historic Resource Hotel Wineman
and is in the vicinity of the Master List Masonic Temple and the Master List Commercial Bank
Building (Attachment E, Historic Preservation Report). The subject property is not a listed or
eligible historic resource (Attachment F, Architectural Evaluation).
DISCUSSION
In accordance with Table 2-1 of the Zoning Regulations, mixed-use projects are allowed within
the C-D zone. The Zoning Regulations identify specific development standards and requirements
for mixed-use projects (§17.70.130) as well as specific requirements for projects within the
Downtown (§17.32). The project design complies with the objective design criteria and
performance standards for mixed-use development and is consistent with the provisions and
requirements for lot coverage, floor area ratio, building heights, setbacks, and parking
requirements for the C-D zone.
PD-Overlay: The PD-Overlay zone is intended to
provide for flexibility in the application of zoning
standards for proposed developments. The purpose is
to allow consideration of innovation in site planning
and other aspects of project design. This should
include more effective design responses to site
features, land uses on adjoining properties, and
environmental impacts than what the development
standards of the underlying zone would produce
without adjustment1. PD zoning shall be approved only
in conjunction with derived long-term community
benefits and where the project can help achieve the
vision, goals, and policies of the General Plan.
1 Zoning Regulations § 17.48.030.D Deviation from Development Standards. The application of the PD-overlay
zone to property may include the adjustment or modification, where necessary and justifiable, of any applicable
development standard of this Title 17 (e.g., building height, floor area ratio, parcel size, parking, setbacks, etc.)
or of the City’s subdivision regulations. The maximum density as allowed by cross-slope percent may be
adjusted but shall not exceed the maximum density allowed in the average cross-slope category zero through 15
percent for the applicable zone.
Figure 1: PD-Overlay Boundaries
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The applicant proposes a PD-Overlay to join the properties located at 1144 Chorro, the existing
Downtown Centre (876 Marsh, 895 Higuera, and 890 Marsh), two parcels located on the east
side of Morro Street (973 Higuera), and one parcel on the north side of Higuera Street (898
Higuera), as delineated in Figure 1. The PD-Overlay serves as an opportunity for the transfer of
density allowances between properties within the boundaries of the PD-Overlay2, however, the
maximum density allowance of the combined properties shall not exceed the maximum density
allowance for the applicable zone, unless otherwise permitted under the provisions of the Density
Bonus Law (Government Code § 65915). Through the PD-Overlay, the project proposes to meet
the minimum three Mandatory Project Features (§17.48.060) by providing:
a. Affordable Housing: A minimum of 25% moderate-income units (13 units) and
b. Energy Efficiency: The project will achieve a LEED Silver rating; and
c. Public Amenity: Guarantee long-term maintenance of a significant public plaza on the
Downtown Centre site.
The Downtown Centre and associated pedestrian paseo was approved by the Architectural
Review Commission (ARC) on July 20, 1992 (ARC 107-92) and construction was completed in
1995. The pedestrian paseo was not a requirement of the project design or a condition of
approval for the project (the public art installation known as “Puck” is protected by a public art
maintenance agreement). No plans have been discussed or considered to reduce or eliminate
public access through the property; however, there are no protections in place that would
guarantee public access in perpetuity for the Downtown Centre. Condition No. 9 of the Draft
Resolution requires that the applicant enter into an agreement for the guarantee long-term
maintenance of the Downtown Centre pedestrian paseo as a significant public plaza to satisfy the
requirement for the PD-Overlay Mandatory Project Feature3.
Maximum Building Height: The project is located in the C-D zone, which allows for a maximum
building height of 50 feet and a minimum height of two stories. The City’s Zoning Regulations
allow consideration of an increase in maximum height up to 75 feet within this zoning
designation if the project includes provision of community benefits, including, but not limited to,
the following criteria: Silver rating on the LEED-CS (or equivalent measure), no more than 33%
of the storefront level to be used for private parking facilities, and the public benefit s associated
with the project must significantly outweigh any detrimental impacts from the additional height
(§17.32.030(E)). This section encourages creative building design, mixed-use developments, and
accommodation of additional residential units in the Downtown Core, provided that such taller
buildings (analyzed through discretionary review processes) contribute defined community
benefits and further the goals of the Downtown Core as stated in the Land Use Element (LUE) of
the General Plan. The Zoning Regulations stipulate that the Planning Commission (PC) may
approve a building height up to 75 feet if it determines that the project includes three community
benefits, with at least one from the affordable and workforce housing objective.
2 Zoning Regulations § 17.70.040.B Density Transfer. (1) PD-Overlay Zone. Development potential may be
transferred within the area covered by a planned development (PD) overlay zone, in conformance with the
requirements of Chapter 17.48: Planned Development (PD) Overlay Zone.
3 Zoning Regulations § 17.48.060.B. The project will provide a substantial public amenity, for example, a
significant public plaza, a public park, or a similar improved open space feature, including provisions for
guaranteed long-term maintenance not at the expense of the City.
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The applicant seeks approval for the 75 feet building by providing the following seven
Community Benefits Policy Objectives above and beyond the three that are required:
a. Affordable and Workforce Housing (1): The project provides affordable housing at a rate
greater than 10 percent dedicated for moderate-income households, as a percentage of the
total number of housing units within the project (project provides 25 percent or 13 units
for moderate-income households, as required for the PD-Overlay).
b. Affordable and Workforce Housing (3): Provides for a residential density greater than 36
units per acre (70 units per acre) where the average floor area of the units is less than
1,000 square feet (423 square feet); and
c. Pedestrian Amenities (1): The project provides for the continued use of a major
pedestrian connection between Higuera Street and Marsh Street as associated with the
PD-Overlay.
d. Pedestrian Amenities (2a-g): The project provides for the permanent preservation of the
Downtown Centre paseo as a public amenity; and
e. Historic Preservation (Off Site): Where there are no historic resources on the project site,
the project provides for the permanent preservation of a building offsite within the
downtown historic district that is listed in the City’s inventory of historical resources
through the recordation of a historic preservation agreement (868 and 870 Monterey
Street known as the Muzio Building), as required to increase the building’s FAR.
f. Modal Split: Project will provide a permanent mode shift towards alternative
transportation for building occupants through a Transportation Demand Management
Program (TDMP). The TDMP will include clearly defined, measurable, and verifiable
performance measures, and identify how they will be monitored/measured by the City
Transportation Division.
g. Other Policy Objectives: The project directly implements specific objectives as set forth
in the General Plan Land Use Element Policy 4.20 (Design Principals) by incorporating
street level activities, upper floor dwellings, continuous storefront, and upper level step
backs above the third level. The project also implements aspects of all eight Project
Planning Principles of the Downtown Concept Plan, most notably Principal Three:
Variety in Form and Function4.
Floor Area Ratio (FAR) Exception: The proposed project would result in a FAR of 3.94. The
City Zoning Regulations limit FAR for buildings in the C-D zone greater than 50 feet in height
to 3.75. Allowable FAR may be increased up to 4.0 in the C-D zone (§ 17.32.020, Table 2-18)5.
The project includes the permanent preservation of an off-site building located at 868 and 870
4 2017 Downtown Concept Plan. Planning Principals and Goals. (3) Variety in Form and Function: Encourage a
variety of compatible buildings, uses, activities, and housing types for an inclusive and vital downtown. (3.1)
Provide physical framework that retains and strengthens downtown’s economic health and vitality. (3.2)
Encourage flexible mixed-use development throughout the downtown. (3.3.) Create opportunities for smaller,
independent businesses and services for residents. (3.4) Ensure that downtown functions both as a commercial
district and a residential neighborhood, with a variety of housing options to meet different needs. (3.5)
Encourage the City and County to meet their future office needs in the vicinity of their existing government
centers. (3.6) Reduce auto travel by encouraging the provisions of services, jobs , and housing in proximity to
each other.
5 Zoning Regulation § 17.32 Table 2-18: Maximum Floor Area Ratio: 3.0 – maximum allowed for buildings up to
50 feet in height. 3.75 – maximum allowed for buildings approved greater than 50 feet in height. 4.0 –
maximum allowed for approved buildings over 50 feet in height with transfer of development credits for open
space protection or historic preservation…
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Monterey Street (Muzio Building) that is listed on the National Register of Historic Places,
which is intended to address this requirement. Condition No. 10 has been incorporat ed into the
draft resolution which requires the recordation of a Historic Preservation Agreement for the
permanent preservation of the Muzio Building.
Limitations on New Driveways: Zoning Regulations §17.32.030.B states that onsite parking may
be considered inappropriate at certain downtown locations where the pedestrian experience
would be harmed by vehicle ingress and egress across the sidewalk. In order to maintain
pedestrian orientation and the continuity of sidewalks within the C-D zone, the installation of
new driveway approaches are subject to the limitations identified under §17.32.030.B. The
applicant was unable to negotiate shared vehicle access off the adjacent alley that is owned and
managed by the Wineman Hotel property; therefore, the number of on-site parking spaces was
reduced to seven spaces to comply with the required findings for new driveways within the C-D
zone6. The applicant has identified that the seven vehicle parking spaces will comprise of 3-4
spaces reserved for the purposes of carsharing, one space for van accessible parking, and the
remaining 2-3 spaces reserved for short term use only, such as drop off or pick up. The applicant
proposes to meet the remaining parking requirement through the City’s Parking In-lieu Fee
Ordinance7. The applicant has provided a Parking Demand Reduction Program intended to
implement measures to reduce parking demand associated with the project by providing car
sharing vehicles, showers and lockers for employees, secure bicycle parking, and informational
packets for alternative modes of transportation (Attachment G, Parking Demand Reduction and
Management Plan).
Previous Council or Advisory Body Action
On November 26, 2018, the Cultural Heritage Committee (CHC) reviewed the proposed project
for consistency with the Historic Preservation Program Guidelines (HPPG) and Secretary of the
Interior’s Standards. The CHC, with a vote of 7:0, provided eight directional items to the
applicant to address specific concerns related to building and site design (Attachment H, CHC
Staff Report and Meeting Minutes).
On December 3, 2018, the Architectural Review Commission (ARC) reviewed the proposed
project for consistency with the Community Design Guidelines (CDG). The ARC, with a vote of
6:1, provided six directional items to the applicant to address specific concerns related to
building and site design (Attachment I, ARC Staff Report and Meeting Minutes).
6 Zoning Regulations §17.32.030.B. Limitations on New Driveways: …In order to approve the new driveway
approach, the review authority shall make at least one of the following findings: (1) The proposed driveway
approach will not harm the general health, safety, and welfare of people living or working in the vicinity of the
project site because the number of vehicles expected to use the driveway is limited (fewer than 10 spaces) and
there are no other alternatives, such as service alleys, to provide vehicle access to the site…
7 Municipal Code §4.30.015. Properties located within the area enclosed by a bold solid line on the parking in-lieu
fee area map may pay parking in-lieu fees as established by council, in lieu of providing required on-site
parking space.
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On September 17, 2019, the City Council reviewed the project for initiation of the PD-Overlay
and associated mandatory project features as well as the community benefit policies for
consideration of a building height of 75 feet. The City Council, with a vote of 3:0:2 (Council
Members Pease and Gomez were recused), supported the initiation and provided two directional
items for the applicant to address regarding the community benefit for the Mode Shift, and
clarification about the number of dedicated affordable units (Attachment J, Council Report and
Action Update).
On June 1, 2020, the ARC reviewed the revised project design and with a vote of 5:1
recommended that the PC find the project consistent with the CDG, and recommended the PC
consider several comments, recommendations, and references to particular CDG as part of their
review, including the project’s effect on viewsheds from as seen from intersections, and
compatibility with listed historic properties in the immediate vicinity (Attachment K, ARC
Report, Draft Minutes 6.1.20).
On June 22, 2020, the CHC reviewed the revised project design and with a vote of 3:1
recommended that the PC find the project consistent with the HPPG and recommended
consideration of a modification to change the stucco finish in the upper three stories to a brick
facing matching the lower three stories. The motion included recognition that the existing Riley’s
Department Store uniquely embodies mid-century architecture in the Downtown Historic
District. (Attachment L, CHC Report, Draft Minutes 6.22.20).
On July 8, 2020, the PC reviewed the project and unanimously recommended that the Counci l
find the project consistent with the Zoning Regulations and General Plan policies, with minor
changes to the draft resolution conditions regarding bicycle parking racks and clarification on the
private maintenance agreement for the Downtown Centre (Attachment M, PC Report, Draft
Minutes 7.8.20).
A more detailed evaluation of the comments, and recommendations from the previous City
Council hearing, ARC, CHC and PC have been consolidated and provided as Attachment N
(Initiation and Advisory Body Comments Summary).
Policy Context
The LUE provides specific design guidelines for new buildings within the Downtown Core. LUE
Policy 4.20 and its subsequent sub-policies detail specific guidelines for construction and uses of
the new development. The proposed project is designed to be consistent with these policies and
includes elements such as continuous street level stores and restaurants, upper level residential
dwellings, similar storefront widths to existing buildings in the Downtown, and includes design
details such as transom windows, bulkheads, large display windows, awnings, landscaping and
patios that can be appreciated by people on the sidewalks. LUE Policy 4.20.4 states, in part, that
tall buildings (50-75 feet) shall be designed to achieve multiple policy objectives, including
design amenities, housing, and retail land uses.
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LUE Policy 4.2 states that the Downtown is not only a commercial district, but also a
neighborhood. As such, the LUE encourages development within the Downtown to include a
variety of uses, including residential8, and that is designed for the enjoyment of those that live
within Downtown. Housing Element (HE) Policy 5.3 encourages the development of housing
above ground-level retail stores and offices to provide housing opportunities close to activity
centers and to use land efficiently. HE Policy 6.10 indicates that in order to help meet the
Quantified Objectives, the City will support residential infill development and promote higher
residential density where appropriate. Furthermore, HE Policy 6.2 specifically requires that new
commercial developments in the Downtown Core shall include housing.
The HE and LUE encourage mixed-use projects where they can be found to be compatible with
existing and potential future development. The LUE encourages compatible mixed uses in
commercial districts (LUE Policy 3.8.5) and specifically discusses residential and commercial
mixed use (LUE Policy 2.3.6)9. The HE provides policies and programs that speak specifically to
supporting affordable housing projects where appropriate (HE Goals 2, 4, & 6). The proposed
project is consistent with the policies of the HE and LUE as the project incorporated 50
residential units and 30,000 square feet of commercial/office space providing for a variety of
uses that are compatible and complementary to uses throughout the Downtown Core and
commercial district.
Housing is a Major City Goal for 2019-21. Housing was determined to be one of Council’s
priority goals for the City to accomplish over the 2019-21 financial plan. The goal stipulates that
the City should facilitate increased production of all housing types designed to be economically
accessible to the area workforce and low and very low-income residents, through increased
density and proximity to transportation corridors in alignment with the Climate Action Plan. The
project implements the City’s Housing goal as the project is located within the Downtown Core
and includes 50 residential units, 13 of which are dedicated for affordable housing for moderate
income households, that may provide housing opportunities for individuals who work within the
Downtown.
Public Engagement
Consistent with the City’s Public Engagement and Noticing (PEN) Manual and the City’s
Municipal Code, the project was noticed per the City’s notification requirements for
Development Projects for each public hearing associated with the project. Newspaper legal
advertisements were posted in the New Times ten days prior to the hearing. Additionally,
postcards were sent to both tenants and owners of properties located within 300 feet of the
project site ten days before the hearing.
8 LUE Policy 4.2.1. Existing and New Dwellings: The City shall use the following when evaluating development in
the Downtown area: A) Existing residential uses within and around the commercial core should be protected,
and new ones should be developed; B) Dwellings should be provided for a variety of households; C) Dwellings
should be interspersed with commercial uses; D) All new, large commercial projects should include residential
uses; E) Commercial core properties may serve as receiver sites for transfer of development credits, thereby
having higher residential densities than otherwise allowed...
9 LUE Policy 2.3.6. The City shall encourage mixed use projects, where appropriate and compatible with existing
and planned development on the site and with adjacent and nearby properties. The City shall support the
location of mixed use projects and community and neighborhood commercial centers near major activity nodes
and transportation corridors / transit opportunities where appropriate.
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CONCURRENCE
The project has been reviewed by various City departments and divisions including: Planning,
Engineering, Arborist, Transportation, Building, Utilities, and Fire. Staff has identified several
unique conditions given the specific circumstances of the project that would require special
conditions. Specific attention should be provided on the following conditions: Engineering
Division has identified Condition No. 26 to require the installation of Mission Style sidewalk,
and Conditions No. 36 through 40 to address the flood zone and floodproofing for the building.
The Transportation Division has identified Condition No. 66 through 69 to address frontage
improvements and upgrades consistent with the American Disabilities Act (ADA), and Condition
No. 70 to address vehicle and pedestrian safety for vehicles entering and exiting the property.
Other comments have been incorporated into the draft resolutions as condit ions of approval.
CONSISTENCY COVID-19 ORDERS AND CURRENT FISCAL CONTINGENCY PLAN
This activity is presently allowed under the State and Local emergency orders associated with
COVID-19. This Project and associated staff work will be reimbursed by the Developer directly
or indirectly through fees and therefore consistent with the guidance of the City’s Fiscal Health
Contingency Plan.
ENVIRONMENTAL REVIEW
An Initial Study (IS) has been prepared in accordance with the California Environmental Quality
Act (CEQA) to evaluate the potential environmental effects of the proposed project. A Mitigated
Negative Declaration (MND) is recommended for adoption (Attachment 13, Initial
Study/Mitigated Negative Declaration). The IS-MND identifies that the project would potentially
affect the following environmental factors unless mitigated: air quality, biological resources,
cultural resources, hazards and hazardous materials, noise, transportation, tribal cultural
resources, and utilities and service systems. Mitigation measures have been identified to reduce
these potential impacts to less than significant, including, but not limited to, standard idling
restrictions, dust control measures, preparation of a geologic investigation for asbestos
containing materials and compliance with existing regulations if detected, and implementation of
best management controls for construction traffic and noise.
The project is also within a Burial Sensitivity Area associated with San Luis Obispo Creek
identified in “Figure 1: Cultural Resources” of the City’s Conservation Open Space Element
(COSE). Based on the project’s location and proposed ground disturbance, the project may have
the potential to impact previously unidentified cultural materials during subsurface grading and
excavation activities. Mitigation measures have been identified to require cultural resource
awareness training of all construction personnel and preparation of an archaeological monitoring
plan that would ensure an immediate halt work order shall be issued in the event that historical or
archaeological remains are discovered. With incorporation of mitigation measures, potential
environmental effects of the project would not directly or indirectly result in any substantial
adverse effects on the environment.
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A 30-day public review period extended from April 30, 2020 through May 30, 2020, comments
were received from the Department of Toxic Substances Control (DTSC) and the Air Pollution
Control District (APCD). APCD communicated their support of the project as infill development
consistent with San Luis Obispo Council of Government’s Reginal Transportation Plan and
Sustainable Communities Strategy and agrees with all mitigation measures as proposed. DTSC
provided comments on general best practices for the demolition of the existing structure and
removal of materials from the site and guidance on handling of any hazardous materials, which
have been addressed under mitigation measures for air quality (AQ-1 through AQ-5).
FISCAL IMPACT
Budgeted: No Budget Year: N/A
Funding Identified: No
Funding Sources Current FY Cost
Annualized
On-going Cost
Total Project
Cost
General Fund N/A
State
Federal
Fees
Other:
Total N/A
When the General Plan was prepared, it was accompanied by a fiscal impact analysis, which
found that overall, the General Plan was fiscally balanced. Accordingly, since the proposed
project is consistent with the General Plan, it has a neutral fiscal impact.
ALTERNATIVES
1. Continue consideration of the application to a future date. The Council may continue its
review of the project to a date certain hearing if additional time or information is needed to
make a decision. If additional information is needed, direction should be provided to staff so
that it can be presented at that subsequent hearing. The Council may direct staff and the
applicant to make specific changes to the project. Direction on changes should be specific
and preferably within the scope of the environmental document prepared for the project.
Changes beyond the scope of the IS/MND prepared for the project would require additional
environmental review and delay the project entitlement process.
2. Deny the project. The Council may deny the project, based on findings of inconsistency with
California State Law, the City’s General Plan, Zoning Regulations, and other applicable City
regulations.
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Attachments:
a - Draft Ordinance
a - Exhibit A to Draft Ordinance
b - Draft Resolution
c - COUNCIL READING FILE - Initial Study-MND
d - COUNCIL READING FILE - Project Plans
e - Historic Report
f - COUNCIL READING FILE - Architectural Evaluation
g - Parking Demand Reduction Plan
h - COUNCIL READING FILE - CHC Report and Meeting Minutes dated 11/26/2018
i - COUNCIL READING FILE - ARC Report and Meeting Minutes dated 12/03/2018
j - COUNCIL READING FILE - Council Initiation and Action Update dated 09/17/2019
k - COUNCIL READING FILE - ARC Report and Minutes dated 06/01/2020
l - COUNCIL READING FILE - CHC Report and Draft Minutes dated 06/22/2020
m - COUNCIL READING FILE - PC Report and Minutes dated 07/08/2020
n - Initiation and Advisory Body Comments Summary
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ORDINANCE NO. ________ (2020 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, APPROVING A PLANNED DEVELOPMENT
OVERLAY FOR SEVEN PROPERTIES WITHIN THE DOWNTOWN
COMMERCIAL ZONE AND AMENDING THE ZONING
REGULATIONS MAP TO CHANGE THE ZONING DESIGNATION OF
THE ASSOCIATED PROPERTIES FROM C-D-H TO C-D-H-PD AND C-
D TO C-D-PD, RESPECTFULLY, INCLUDING A MITIGATED
NEGATIVE DECLARATION OF ENVIRO NMENTAL REVIEW, AS
REPRESENTED IN THE STAFF REPORT AND ATTACHMENTS
DATED AUGUST 18, 2020 (1144 CHORRO, 868 AND 870 MONTEREY,
876 AND 890 MARSH, 895, 898, 973 HIGUERA STREETS: PDEV-0509-
2019, & EID-0475-2019)
WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing
in the Council Chambers of City Hall, 990 Palm Street, San Luis Obispo, California, on September
17, 2019, initiating the project in consideration of the proposed Community Benefits and
Mandatory Project Features for the Planned Development Overlay (PD-Overlay), pursuant to a
proceeding instituted under ARCH-1687-2018, PDEV-0509-2019, & EID-0475-2019, Mark
Rawson, applicant; and
WHEREAS, the Architectural Review Commission of the City of San Luis Obispo
conducted a web based public hearing on June 1, 2020, recommending approval of the project with
direction to the Planning Commission for consistency with the Community Design Guidelines,
pursuant to a proceeding instituted under ARCH-1687-2018, PDEV-0509-2019, & EID-0475-
2019, Mark Rawson, applicant; and
WHEREAS, the Cultural Heritage Committee of the City of San Luis Obispo conducted
a web based public hearing on June 22, 2020, recommending approval of the project with direction
to the Planning Commission for consistency with the Historic Preservation Program Ordinance,
and the Historic Preservation Guidelines, pursuant to a proceeding instituted under ARCH-1687-
2018, PDEV-0509-2019, & EID-0475-2019, Mark Rawson, applicant; and
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted web
based public hearing on July 8, 2020, recommending approval of the Planned Development
Overlay to the City Council pursuant to a proceeding instituted under ARCH-1687-2018, PDEV-
0509-2019, & EID-0475-2019, Mark Rawson, applicant; and
WHEREAS, the City Council of the City of San Luis Obispo has duly considered all
evidence, including the testimony of the applicant, interested parties, and evaluation and
recommendations by staff, presented at said hearing.
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law; and
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Ordinance No. ______ (2020 Series) Page 2
O ______
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. Based upon all the evidence, the Council makes the following
findings:
1. The proposed PD-Overlay furthers the goals of the General Plan for compatible
development because the Land Use Element (LUE) encourages residential dwellings
within all new commercial developments and indicates that commercial core properties
may serve as receiver sites for transfer of development credits, thereby having higher
residential densities than otherwise allowed (LUE 4.2.1). The PD-Overlay serves as an
opportunity for the transfer of density allowances from the Downtown Centre to be
redistributed throughout the PD-Overlay providing opportunities to develop higher
density projects within the Downtown Core.
2. The proposed PD-Overlay will not be detrimental to the health, safety and welfare of
those living and working in the vicinity since the proposed changes to the City's maps
accommodate the existing and future development of the site with uses and
improvements that will be compatible with other properties in the surrounding vicinity.
3. The project is consistent with the General Plan policies and implements Housing
Element policies by allowing expansion of residential land uses in order to help meet
the Quantified Objectives by supporting residential infill development and promote
higher residential density where appropriate.
4. The PD-Overlay does not provide for any modifications to development standards
applicable to projects within the Downtown Commercial (C-D) zone that would result
in any development that would be inconsistent with the development potential of any
other property within the C-D zone, and all associated development within the PD-
Overlay shall be subject to applicable provisions of the Zoning Regulations.
SECTION 2. California Environmental Quality Act (CEQA) Findings, Mitigation
Measures, and Mitigation Monitoring Program. The City Council hereby adopts the proposed
Mitigated Negative Declaration of Environmental Impact finding that it adequately identifies the
projects potential significant impacts with incorporation of the following mitigation measures and
monitoring programs:
Air Quality
AQ-1 During all construction activities and use of diesel vehicles, the applicant shall implement
the following idling control techniques:
1. Idling Restrictions Near Sensitive Receptors for Both On- and Off-Road Equipment.
a. Staging and queuing areas shall not be located within 1,000 feet of sensitive
receptors if feasible;
b. Diesel idling within 1,000 feet of sensitive receptors shall not be permitted;
c. Use of 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.
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2. 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 for greater than 5 minutes at any
location, except as noted in Subsection (d) of the regulation; and,
b. Shall not operate a diesel-fueled auxiliary power system (APS) to power a heater,
air conditioner, or any ancillary equipment on that vehicle during sleeping or resting
in a sleeper berth for greater than 5.0 minutes at any location when within 1,000 feet
of a restricted area, except as noted in Subsection (d) of the regulation.
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: www.arb.ca.gov/msprog/truck- idling/2485.pdf.
AQ-2 During all construction and ground-disturbing activities, the applicant shall implement the
following particulate matter control measures and detail each measure on the project grading
and building plans:
a. Reduce the amount of disturbed area where possible.
b. Use water trucks or sprinkler systems in sufficient quantities to prevent air borne dust
from leaving the site and from exceeding APCD’s limit of 20% opacity for no greater
than 3 minutes in any 60-minute period. Increased watering frequency shall be required
whenever wind speeds exceed 15 miles per hour (mph) and cessation of grading
activities during periods of winds over 25 mph. Reclaimed (non-potable) water is to be
used in all construction and dust-control work.
c. All dirt stockpile areas (if any) shall be sprayed daily and covered with tarps or other
dust barriers as needed.
d. 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.
e. Exposed grounds 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.
f. All disturbed soil areas not subject to revegetation shall be stabilized using approved
chemical binders, jute netting, or other methods approved in advance by the APCD.
g. All roadways, driveways, sidewalks, etc. to be paved shall be completed as soon as
possible. In addition, building pads shall be laid as soon as possible after grading unless
seeding or soil binders or soil binders are used.
h. Vehicle speed for all construction vehicles shall not exceed 15 m.p.h. on any unpaved
surface at the construction site.
i. All trucks hauling dirt, sand, soil, or other loose materials, are to be covered or shall
maintain at least two feet of freeboard (minimum vertical distance between top of load
and top of trailer) in accordance with California Vehicle Code Section 23114.
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j. Install wheel washers where vehicles enter and exit unpaved roads onto streets or wash
off trucks and equipment leaving the site. Sweep streets at the end of each day if visible
soil material is carried onto adjacent paved roads.
k. Water sweepers shall be used with reclaimed water where feasible. Roads shall be pre-
wetted prior to sweeping when feasible.
l. All PM10 mitigation measures required shall be shown on grading and building plans.
m. The contractor or builder shall designate a person or persons to monitor the fugitive dust
emissions and enhance the implementation of the measures as necessary to minimize
dust complaints, reduce visible emissions below the APCD’s limit of 20% opacity for
no greater than 3 minutes in any 60 minute period. Their duties shall include holidays
and weekend periods when work may not be in progress. The name and telephone
number of such persons shall be provided to the APCD Compliance Division prior to
the start of any grading, earthwork or demolition.
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 (ATCM) for Construction, Grading,
Quarrying, and Surface Mining Operations (93105) and SLOAPCD requirements. This
geologic evaluation shall be submitted to the City Community Development Department
upon completion. If the geologic evaluation determines that the project would not have the
potential to disturb asbestos containing materials (ACM), the applicant must file an
Asbestos ATCM exemption request with the SLOAPCD.
AQ-4 If asbestos containing materials (ACM) are determined to be present onsite, proposed
earthwork, demolition, and construction activities shall be conducted in full compliance
with the various regulatory jurisdictions regarding ACM, including the ARB Asbestos Air
Toxics Control Measure (ATCM) for Construction, Grading, Quarrying, and Surface
Mining Operations (93105) and requirements stipulated in the National Emission
Standards for Hazardous Air Pollutants (40 CFR 61, Subpart M – Asbestos; NESHAP).
These requirements include, but are not limited to, the following:
1. Written notification, within at least 10 business days of activities commencing, to the
SLOAPCD;
2. Preparation of an asbestos survey conducted by a Certified Asbestos Consultant; and,
3. Implementation of applicable removal and disposal protocol and requirements for
identified ACM.
AQ-5 Prior to initiation of demolition/construction activities, the applicant shall implement the
following measures to reduce the risk associated with disturbance of ACM and lead-coated
materials that may be present within the existing structure onsite:
a. Demolition of the on-site structure shall comply with the procedures required by the
National Emission Standards for Hazardous Air Pollutants (40 CFR 61, Subpart M –
Asbestos) for the control of asbestos emissions during demolition activities. SLOAPCD
is the delegated authority by the U.S. EPA to implement the Federal Asbestos NESHAP.
Prior to demolition of on-site structures, SLOAPCD shall be notified, per NESHAP
requirements. The project applicant shall submit proof that SLOAPCD has been notified
prior to demolition activities to the City Community Development Department.
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b. If during the demolition of the existing structure, paint is separated from the construction
materials (e.g., chemically or physically), the paint waste shall 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 local, state, and federal regulations. According to the
Department of Toxic Substances Control (DTSC), 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 non-hazardous construction debris. The landfill operator shall be
contacted prior to disposal of lead-based paint materials. If required, all lead work plans
shall be submitted to SLOAPCD at least 10 days prior to the start of demolition. The
applicant shall submit 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.
Monitoring Program: Measures AQ-1 and AQ-2 shall be incorporated into project grading and
building plans for review and approval by the City Community Development Department.
Compliance shall be verified by the City during regular inspections, in coordination with the
County of San Luis Obispo Air Pollution Control District, as necessary. The applicant shall submit
the geologic evaluation detailed in measure AQ-3 to the City Community Development
Department upon completion. The applicant shall submit proof of written notification to
SLOAPCD as described in measures AQ-4 and AQ-5 to the City Community Development
Department.
Biological Resources
BIO-1 Site preparation, ground-disturbing, and construction activities should be conducted
outside of the migratory bird breeding season when feasible. If such activities are required
during this period, a qualified biologist shall conduct a nesting bird survey and verify that
migratory birds are not nesting in the impact zone. If nesting activity is detected, the
following measures shall be implemented:
a. The project shall be modified via the use of protective buffers, delaying construction
activities, or other methods designated by the qualified biologist to avoid direct take of
identified nests, eggs, and/or young protected under the MBTA and/or California Fish
and Game Code;
b. The Environmental Monitor shall document all active nests and submit a letter report
to City Planning staff and the City’s Sustainability Officer documenting project
compliance with the MBTA, California Fish and Game Code, and applicable project
mitigation measures.
Monitoring Program: Compliance with mitigation measures will be reviewed with plans as part
of the improvement plans and construction drawings. Compliance will be verified by the Natural
Resources Manager in consultation with the Community Development Director, who shall confirm
the conclusion and recommendations of the preconstruction nesting bird surveys and provide site
inspections as necessary to ensure implementation.
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Cultural Resources
CR-1 Prior to construction activities, a qualified archaeologist shall conduct cultural resource
awareness training for all construction personnel including the following:
a. Review the types of archaeological artifacts that may be uncovered;
b. Provide examples of common archaeological artifacts to examine;
c. Review what makes an archaeological resource significant to archaeologists and local
Native Americans;
d. Describe procedures for notifying involved or interested parties in case of a new
discovery;
e. Describe reporting requirements and responsibilities of construction personnel;
f. Review procedures that shall be used to record, evaluate, and mitigate new discoveries;
and
g. Describe procedures that would be followed in the case of discovery of disturbed as
well as intact human burials and burial-associated artifacts.
CR-2 A qualified archaeologist monitor shall be present during all project related construction
activities that result in disturbance of native soil that may contain archaeological resources.
CR-3 In the event that historical or archaeological remains are discovered during earth disturbing
activities associated with the project, an immediate halt work order shall be issued, and the
Community Development Director shall be notified. A qualified archaeologist shall
conduct an assessment of the resources and formulate proper mitigation measures, if
necessary. After the find has been appropriately mitigated, work in the area may resume.
A Chumash representative shall monitor any mitigation excavation associated with Native
American materials. The conditions for treatment of discoveries shall be printed on all
building and grading plans. The City shall review and approve the selected archaeologist,
if needed, to ensure they meet appropriate professional qualification standards, consistent
with the Archaeological Resource Preservation Program Guidelines.
CR-4 In the event that human remains are exposed during earth disturbing activities associated
with the project, an immediate halt work order shall be issued, and the Community
Development Director shall be notified. State 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 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.
Monitoring Program: These conditions shall be noted on all grading and construction plans. The
City shall review and approve the selected archaeologist monitor, to ensure they meet appropriate
professional qualification standards, consistent with the Archaeological Resource Preservation
Program Guidelines.
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Noise
N-1 For the entire duration of the construction phase of the project, the following Best
Management Practices (BMPs) shall be adhered to:
1. Stationary construction equipment that generates noise that exceeds 60 dBA at the project
boundaries shall be shielded with the most modern noise control devises (i.e. mufflers,
lagging, and/or motor enclosures).
2. Impact tools (e.g., jack hammers, 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.
3. Where use of pneumatic tools is unavoidable, an exhaust muffler on the compressed- air
exhaust shall be used.
4. All construction equipment shall have the manufacturers’ recommended noise abatement
methods installed, such as mufflers, engine enclosures, and engine vibration insulators,
intact and operational.
5. 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-2 Construction plans shall note construction hours, truck routes, and all construction noise Best
Management Practices (BMPs) and shall be reviewed and approved by the Community
Development Department prior to issuance of grading/building permits. The City shall
provide and post signs stating these restrictions at construction entry sites prior to
commencement of construction and maintained throughout the construction phase of the
project. All construction workers shall be briefed at a pre-construction meeting on
construction hour limitations and how, why, and where BMP measures are to be
implemented.
N-3 Construction activities shall be conducted so that the maximum noise levels at affected
properties will not exceed 80 dBA for multi-family residential and 85 dBA for mixed
residential/commercial uses, restaurants, and meeting places.
N-4 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:
• Sound blankets shall be used on noise-generating equipment.
• Stationary construction equipment that generates noise levels above 65 dBA at the project
boundaries shall be shielded with a barrier that meets a sound transmission class (a rating
of how well noise barriers attenuate sound) of 25.
• All diesel equipment shall be operated with closed engine doors and shall be equipped
with factory-recommended mufflers.
• The movement of construction-related vehicles, with the exception of passenger vehicles,
along roadways adjacent to sensitive receptors shall be limited to the hours between 7:00
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).
• Temporary sound barriers shall be constructed between construction sites and affected
uses.
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N-5 The project contractor shall inform 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’s
Community Development Department.
N-6 All noise-generating rooftop building equipment, such as air conditioners and kitchen
ventilation systems, shall be installed away from existing noise-sensitive receptors (i.e.,
residences) or be placed behind adequate noise barriers.
Monitoring Program: These measures shall be incorporated into project grading and building
plans for review and approval by the City Community Development Department. Compliance shall
be verified by the City during regular inspections.
Transportation
TR-1 Construction Management Plan. Prior to the issuance of each building permit, the
construction contractor shall meet with the Public Works department to determine tr affic
management strategies to reduce, to the maximum extent feasible, traffic congestion and
the effects of parking demand by construction workers during construction of this project.
The construction contractor will develop a construction management plan for review and
approval by the Public Works department. The plan shall include at least the following
items and requirements:
• A set of comprehensive traffic control measures, including scheduling of major truck
trips and deliveries to avoid peak traffic and pedestrian hours, detour signs if required,
lane closure procedures, sidewalk closure procedures, signs, cones for drivers, and
designated construction access routes.
• Notification procedures for adjacent property owners and public safety personnel
regarding when major deliveries, detours, and lane closures will occur.
• Location of construction staging areas for materials, equipment, and vehicles.
• Identification of haul routes for movement of construction vehicles that would
minimize impacts on vehicular and pedestrian traffic, circulation and safety; and
provision for monitoring surface streets used for haul routes so that any damage and
debris attributable to the haul trucks can be identified and corrected by the project
applicant.
• Temporary construction fences to contain debris and material and to secure the site.
• Provisions for removal of trash generated by project construction activity.
• A process for responding to and tracking complaints pertaining to construction activity.
• Provisions for monitoring surface streets used for truck routes so that any damage and
debris attributable to the trucks can be identified and corrected.
• It is anticipated that this Construction Traffic Management Plan would be developed
in the context of the City Municipal Code Construction and Fire Prevention
Regulations and the City of San Luis Obispo 2013 Construction & Fire Codes, which
address other issues such as hours of construction onsite, limitations on noise and dust
emissions, and other applicable items.
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Monitoring Program: Prior to building permit issuance the Construction Management Plan shall
be submitted to the City Community Development Department and Public Works Department for
review.
SECTION 3. Action. The City Council hereby approves the application PDEV-0509-2019
& EID-0475-2019 and adopts an Ordinance to establish a PD-Overlay for seven properties within
the C-D zone for the purposes of transferring density credits from the Downtown Centre to
adjacent properties, as set forth in Exhibit A, subject to the following conditions.
1. The PD-Overlay is intended solely for the purposes of transferring of density
allowances from the Downtown Centre to adjacent properties within the PD-Overlay
(§17.70.040.B.1), all future development shall conform to all other development
standards as established by the Zoning Regulations, and other applicable City
standards.
2. The subject properties within the PD-Overlay boundaries provide residential density at
a ratio of 36 density units per acre (77.76 density units), pr ojects proposed within the
PD-Overlay shall not exceed the overall density allowance for the collective area of the
properties within the boundaries of the PD-Overlay and shall remain in conformance
with density allowances as established in the C-D zone Development Standards
(§17.32), unless otherwise permitted under the provisions of the Density Bonus Law
(Government Code § 65915).
3. Any new development within the PD-Overlay that results in the construction of new
residential units shall provide a minimum of 25 percent of the residential units within
the project as affordable to households of very low, low, or moderate-income
households, consistent with all provisions established under Municipal Code Chapter
17.140.
4. Any new development within the PD-Overlay that results in the construction of new
residential units shall achieve greater energy efficiency than standard developments
through the incorporation of green building techniques, scoring at least a silver rating
on the LEED or other equivalent rating system, or achieve a zero-net energy use,
subject to the satisfaction of the Community Development Director.
5. Prior to issuance of a building permit for any new development that results in the
transfer of density credits within the PD-Overlay, the applicant shall record an Offer to
Dedicate Pedestrian Easement covenant for the irrevocable and perpetual access for the
general public to use and access the Downtown Centre as a public plaza for the duration
of the PD-Overlay. The covenant shall identify the responsibilities for maintenance and
public access of the Downtown Centre, subject to the satisfaction of the Community
Development Director.
SECTION 4. Severability. If any subdivision, paragraph, sentence, clause, or phrase of
this Ordinance is, for any reason, held to be invalid or unenforceable by a court of competent
jurisdiction, such invalidity or unenforceability shall not affect the validity or enforcement of the
remaining portions of this Ordinance, or any other provisions of the city' s rules and regulations.
It is the city' s express intent that each remaining portion would have been adopted irrespective of
the fact that any one or more subdivisions, paragraphs, sentences, clauses, or phrases be declared
invalid or unenforceable
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SECTION 5. A summary of this ordinance, together with the names of Council members
voting for and against, shall be published at least five (5) days prior to its final passage, in The
Tribune, a newspaper published and circulated in this City. This ordinance shall go into effect at
the expiration of thirty (30) days after its final passage.
INTRODUCED on the ____ day of ___________, 2020, AND FINALLY ADOPTED
by the Council of the City of San Luis Obispo on the _____ day of ____________, 2020, on the
following vote:
AYES:
NOES:
ABSENT:
____________________________________
Mayor Heidi Harmon
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
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RESOLUTION NO. ________ (2020 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, APPROVING DEVELOPMENT OF A SIX-
STORY MIXED-USE BUILDING CONSISTING OF APPROXIMATELY
30,000 SQUARE FEET OF COMMERCIAL/OFFICE SPACE AND 50
RESIDENTIAL DWELLING UNITS, WITHIN THE DOWNTOWN
HISTORIC DISTRICT. THE PROJECT INCLUDES A REZONE TO
PROVIDE A PLANNED DEVELOPMENT OVERLAY, PERMANENT
PRESERVATION OF AN OFF-SITE BUILDING LOCATED AT 868 AND
870 MONTEREY STREET, A NEW DRIVEWAY ALONG MARSH
STREET, AND A REQUEST TO ALLOW A MAXIMUM BUILDING
HEIGHT OF 75 FEET, WHERE 50 FEET IS THE STANDARD IN THE
DOWNTOWN COMMERCIAL ZONE. THE PROJECT INCLUDES A
MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL
IMPACT AS REPRESENTED IN THE STAFF REPORT AND
ATTACHMENTS DATED JULY 8, 2020 (1144 CHORRO, 868 AND 870
MONTEREY, 876 AND 890 MARSH, 895, 898, 973 HIGUERA STREETS
ARCH-1687-2018, PDEV-0509-2019, & EID-0475-2019)
WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing
in the Council Chambers of City Hall, 990 Palm Street, San Luis Obispo, California, on September
17, 2019, initiating the project in consideration of the proposed Community Benefits and
Mandatory Project Features for the Planned Development Overlay, pursuant to a proceeding
instituted under ARCH-1687-2018, PDEV-0509-2019, & EID-0475-2019, Mark Rawson,
applicant; and
WHEREAS, the Architectural Review Commission of the City of San Luis Obispo
conducted a web based public hearing on June 1, 2020, recommending approval of the project with
direction to the Planning Commission for consistency with the Community Design Guidelines,
pursuant to a proceeding instituted under ARCH-1687-2018, PDEV-0509-2019, & EID-0475-
2019, Mark Rawson, applicant; and
WHEREAS, the Cultural Heritage Committee of the City of San Luis Obispo conducted
a web based public hearing on June 22, 2020, recommending approval of the project with direction
to the Planning Commission for consistency with the Historic Preservation Program Ordinance,
and the Historic Preservation Guidelines, pursuant to a proceeding instituted under ARCH-1687-
2018, PDEV-0509-2019, & EID-0475-2019, Mark Rawson, applicant; and
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a web
based public hearing on July 8, 2020, recommending approval of the project with direction to the
City Council for consistency with the Zoning Regulations and General Plan, pursuant to a
proceeding instituted under ARCH-1687-2018, PDEV-0509-2019, & EID-0475-2019, Mark
Rawson, applicant; and
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WHEREAS, the City Council of the City of San Luis Obispo conducted a web based
public hearing on August 18, 2020, pursuant to a proceeding instituted under ARCH-1687-2018,
PDEV-0509-2019, & EID-0475-2019, Mark Rawson, applicant; and
WHEREAS, the City Council of the City of San Luis Obispo has duly considered all
evidence, including the testimony of the applicant, interested parties, and evaluation and
recommendations by staff, presented at said hearing; and
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. Based upon all the evidence, the City Council makes the
following findings, hereby approving the project (ARCH-1687-2018, PDEV-0509-2019, & EID-
0475-2019):
1. As conditioned, the project will not be detrimental to the health, safety, and welfare of
persons living or working at the site or in the vicinity because the project respects site
constraints and will be compatible with the scale and character of the neighborhood.
2. The project is consistent with the Zoning Regulations, since the proposed building
design complies with all property development standards including height, setbacks,
coverage, floor area ratio, and parking for the Downtown-Commercial zone.
3. The project is consistent with the General Plan Land Use Element, because: the
proposed retail, office, and residential uses are consistent with uses intended for the
Downtown area (Land Use Element Policies 3.8.5, 4.1, and 4.2.1). As designed and
conditioned, the project is compatible with historically significant and other existing
buildings in the immediate neighborhood (Land Use Element Policies 4.16 and 4.20.4).
4. The project is consistent with General Plan Land Use Element Policy 2.3.1, because
the project is located within a half-mile of an existing transit stop, and is proximate to
bicycle routes, parks, open space, and commercial uses.
5. The project is consistent with the General Plan Housing Element because the project
provides a variety of residential types, sizes, and style of dwellings (Housing Element
Goal 5), and encourages the development of housing above ground-level commercial
uses (Housing Element 5.3).
6. The project is consistent with the General Plan Conservation and Open Space Element
Policy 4.4.3 because the project promotes higher-density, compact housing to achieve
more efficient use of public facilities and services and to improve the City’s
jobs/housing balance.
7. The project is consistent with Land Use Element Policy 2.3.6 (Housing and Businesses)
and 3.8.5 (Mixed Uses) because the project provides residential dwellings within a
commercial district near neighborhood commercial centers, major activity nodes, and
transit opportunities. Housing at this location is and can be compatible with the
proposed and existing commercial uses on-site and on adjacent properties.
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8. The project is consistent with the Zoning Regulations for Mixed-use Projects (Section
17.70.130) because the proposed building design complies with objective design
criteria and performance standards for mixed-use development by orienting the
building and residential and nonresidential entries toward the street with sufficient
articulation along the street frontage.
Architectural Review Findings
9. As conditioned, the project design is consistent with the City’s Community Design
Guidelines because the architectural design of the project is compatible with the design
and scale of existing structures in the surrounding neighborhood, the project
incorporates articulation to minimize massing, visual linkages are provided through
building orientation, the proposed design demonstrates use of articulated facades by
incorporating textured materials, balconies and decks, and a variety of siding materials
(brick and stucco) is proposed to provide texture, relief, and visual interest consistent
with the Downtown Design Guidelines and visual character of the neighborhood.
10. The proposed height, mass and scale of the project will not negatively alter the overall
character of the neighborhood or the streets’ appearance because the development is
designed in a manner that does not deprive reasonable solar access to public sidewalks
by stepping back upper levels away from the street frontage. The project incorporates
vertical and horizontal wall plan offsets providing a high-quality and aesthetically
pleasing architectural design.
New Driveway Findings
11. The proposed driveway approach will not harm the general health, safety, and welfare
of people living or working in the vicinity of the project site because the number of
vehicles expected to use the driveway is limited to seven parking spaces and there are
no other alternatives, such as service alleys, to provide vehicle access to the site.
Community Benefits Policy Objective Findings
12. As conditioned, the proposed maximum height of 75 feet is appropriate because the
project provides more than 10 percent of the residential units as affordable housing for
moderate-income households (25 percent; 13 units), and the project utilizes a
residential density greater than 36 units per acre (70 units per acre) where the average
floor area of the units is less than 1,000 square feet (423 square feet).
13. As conditioned, the project provides open space in the form of a significant public plaza
by entering into a public access easement and private maintenance agreement for the
existing Downtown Centre, to continue to be open to the public without charge.
14. As conditioned, the project provides for the permanent mode shift towards alternative
transportation for building occupants through a Transportation Demand Management
Program that achieves modal split objectives of General Plan Circulation Element
Policy 1.7.1 (Encourage Better Transportation Habits).
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Floor Area Ratio Exception Findings
15. As conditioned, the project provides for the permanent preservation of the Muzio
Building at 868 and 870 Monterey Street as a listed historic resource within the
Downtown Historic District, through the recordation of a historic preservation
agreement.
SECTION 2. Effective Date. This resolution shall take effect (30) days after the final
adoption of the Ordinance associated with the rezoning of the subject property from C-D-H to C-
D-H-PD (PDEV-0509-2019).
SECTION 3. Environmental Review. An Initial Study/Mitigated Negative Declaration
(IS/MND) has been prepared in accordance with the California Environmental Quality Act
(CEQA) to evaluate the potential environmental effects of the proposed project. The City Council
hereby adopts the IS/MND, based on incorporation of the following mitigation measures, which
will reduce potential environmental impacts to less than significant.
Air Quality
AQ-1 During all construction activities and use of diesel vehicles, the applicant shall implement
the following idling control techniques:
1. Idling Restrictions Near Sensitive Receptors for Both On- and Off-Road Equipment.
a. Staging and queuing areas shall not be located within 1,000 feet of sensitive
receptors if feasible;
b. Diesel idling within 1,000 feet of sensitive receptors shall not be permitted;
c. Use of 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.
2. 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 for greater than 5 minutes at any
location, except as noted in Subsection (d) of the regulation; and,
b. Shall not operate a diesel-fueled auxiliary power system (APS) to power a heater,
air conditioner, or any ancillary equipment on that vehicle during sleeping or resting
in a sleeper berth for greater than 5.0 minutes at any location when within 1,000 feet
of a restricted area, except as noted in Subsection (d) of the regulation.
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: www.arb.ca.gov/msprog/truck- idling/2485.pdf.
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AQ-2 During all construction and ground-disturbing activities, the applicant shall implement the
following particulate matter control measures and detail each measure on the project grading
and building plans:
a. Reduce the amount of disturbed area where possible.
b. Use water trucks or sprinkler systems in sufficient quantities to prevent airborne dust
from leaving the site and from exceeding APCD’s limit of 20% opacity for no greater
than 3 minutes in any 60-minute period. Increased watering frequency shall be required
whenever wind speeds exceed 15 miles per hour (mph) and cessation of grading
activities during periods of winds over 25 mph. Reclaimed (non-potable) water is to be
used in all construction and dust-control work.
c. All dirt stockpile areas (if any) shall be sprayed daily and covered with tarps or other
dust barriers as needed.
d. 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.
e. Exposed grounds 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.
f. All disturbed soil areas not subject to revegetation shall be stabilized using approved
chemical binders, jute netting, or other methods approved in advance by the APCD.
g. All roadways, driveways, sidewalks, etc. to be paved shall be completed as soon as
possible. In addition, building pads shall be laid as soon as possible after grading unless
seeding or soil binders or soil binders are used.
h. Vehicle speed for all construction vehicles shall not exceed 15 m.p.h. on any unpaved
surface at the construction site.
i. All trucks hauling dirt, sand, soil, or other loose materials, are to be covered or shall
maintain at least two feet of freeboard (minimum vertical distance between top of load
and top of trailer) in accordance with California Vehicle Code Section 23114.
j. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash
off trucks and equipment leaving the site. Sweep streets at the end of each day if visible
soil material is carried onto adjacent paved roads.
k. Water sweepers shall be used with reclaimed water where feasible. Roads shall be pre-
wetted prior to sweeping when feasible.
l. All PM10 mitigation measures required shall be shown on grading and building plans.
m. The contractor or builder shall designate a person or persons to monitor the fugitive dust
emissions and enhance the implementation of the measures as necessary to minimize
dust complaints, reduce visible emissions below the APCD’s limit of 20% opacity for
no greater than 3 minutes in any 60 minute period. Their duties shall include holidays
and weekend periods when work may not be in progress. The name and telephone
number of such persons shall be provided to the APCD Compliance Division prior to
the start of any grading, earthwork or demolition.
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 (ATCM) for Construction, Grading,
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Quarrying, and Surface Mining Operations (93105) and SLOAPCD requir ements. This
geologic evaluation shall be submitted to the City Community Development Department
upon completion. If the geologic evaluation determines that the project would not have the
potential to disturb asbestos containing materials (ACM), the applicant must file an
Asbestos ATCM exemption request with the SLOAPCD.
AQ-4 If asbestos containing materials (ACM) are determined to be present onsite, proposed
earthwork, demolition, and construction activities shall be conducted in full compliance
with the various regulatory jurisdictions regarding ACM, including the ARB Asbestos Air
Toxics Control Measure (ATCM) for Construction, Grading, Quarrying, and Surface
Mining Operations (93105) and requirements stipulated in the National Emission
Standards for Hazardous Air Pollutants (40 CFR 61, Subpart M – Asbestos; NESHAP).
These requirements include, but are not limited to, the following:
1. Written notification, within at least 10 business days of activities commencing, to the
SLOAPCD;
2. Preparation of an asbestos survey conducted by a Certified Asbestos Consultant; and,
3. Implementation of applicable removal and disposal protocol and requirements for
identified ACM.
AQ-5 Prior to initiation of demolition/construction activities, the applicant shall implement the
following measures to reduce the risk associated with disturbance of ACM and lead-coated
materials that may be present within the existing structure onsite:
a. Demolition of the on-site structure shall comply with the procedures required by the
National Emission Standards for Hazardous Air Pollutants (40 CFR 61, Subpart M –
Asbestos) for the control of asbestos emissions during demolition activities. SLOAPCD
is the delegated authority by the U.S. EPA to implement the Federal Asbestos
NESHAP. Prior to demolition of on-site structures, SLOAPCD shall be notified, per
NESHAP requirements. The project applicant shall submit proof that SLOAPCD has
been notified prior to demolition activities to the City Community Development
Department.
b. If during the demolition of the existing structure, paint is separated from the construction
materials (e.g., chemically or physically), the paint waste shall 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 local, state, and federal regulations. According to the
Department of Toxic Substances Control (DTSC), 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 non-hazardous construction debris. The landfill operator shall be
contacted prior to disposal of lead-based paint materials. If required, all lead work plans
shall be submitted to SLOAPCD at least 10 days prior to the start of demolition. The
applicant shall submit 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.
Monitoring Program: Measures AQ-1 and AQ-2 shall be incorporated into project grading and
building plans for review and approval by the City Community Development Department.
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Compliance shall be verified by the City during regular inspections, in coordination with the
County of San Luis Obispo Air Pollution Control District, as necessary. The applicant shall submit
the geologic evaluation detailed in measure AQ-3 to the City Community Development
Department upon completion. The applicant shall submit proof of written notification to
SLOAPCD as described in measures AQ-4 and AQ-5 to the City Community Development
Department.
Biological Resources
BIO-1 Site preparation, ground-disturbing, and construction activities should be conducted
outside of the migratory bird breeding season when feasible. If such activities are required
during this period, a qualified biologist shall conduct a nesting bird survey and verify that
migratory birds are not nesting in the impact zone. If nesting activity is detected, the
following measures shall be implemented:
a. The project shall be modified via the use of protective buffers, delaying construction
activities, or other methods designated by the qualified biologist to avoid direct take of
identified nests, eggs, and/or young protected under the MBTA and/or California Fish
and Game Code;
b. The Environmental Monitor shall document all active nests and submit a letter report
to City Planning staff and the City’s Sustainability Officer documenting project
compliance with the MBTA, California Fish and Game Code, and applicable project
mitigation measures.
Monitoring Program: Compliance with mitigation measures will be reviewed with plans as part
of the improvement plans and construction drawings. Compliance will be verified by the Natural
Resources Manager in consultation with the Community Development Director, who shall
confirm the conclusion and recommendations of the preconstruction nesting bird surveys and
provide site inspections as necessary to ensure implementation.
Cultural Resources
CR-1 Prior to construction activities, a qualified archaeologist shall conduct cultural resource
awareness training for all construction personnel including the following:
a. Review the types of archaeological artifacts that may be uncovered;
b. Provide examples of common archaeological artifacts to examine;
c. Review what makes an archaeological resource significant to archaeologists and local
native Americans;
d. Describe procedures for notifying involved or interested parties in case of a new
discovery;
e. Describe reporting requirements and responsibilities of construction personnel;
f. Review procedures that shall be used to record, evaluate, and mitigate new discoveries;
and
g. Describe procedures that would be followed in the case of discovery of disturbed as
well as intact human burials and burial-associated artifacts.
CR-2 A qualified archaeologist monitor shall be present during all project related construction
activities that result in disturbance of native soil that may contain archaeological resources.
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CR-3 In the event that historical or archaeological remains are discovered during earth disturbing
activities associated with the project, an immediate halt work order shall be issued and the
Community Development Director shall be notified. A qualified archaeologist shall
conduct an assessment of the resources and formulate proper mitigation measures, if
necessary. After the find has been appropriately mitigated, work in the area may resume.
A Chumash representative shall monitor any mitigation excavation associated with Native
American materials. The conditions for treatment of discoveries shall be printed on all
building and grading plans. The City shall review and approve the selected archaeologist,
if needed, to ensure they meet appropriate professional qualification standards, consistent
with the Archaeological Resource Preservation Program Guidelines.
CR-4 In the event that human remains are exposed during earth disturbing activities associated
with the project, an immediate halt work order shall be issued, and the Community
Development Director shall be notified. State 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 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.
Monitoring Program: These conditions shall be noted on all grading and construction plans. The
City shall review and approve the selected archaeologist monitor, to ensure they meet appropriate
professional qualification standards, consistent with the Archaeological Resource Preservation
Program Guidelines.
Noise
N-1 For the entire duration of the construction phase of the project, the following Best
Management Practices (BMPs) shall be adhered to:
1. Stationary construction equipment that generates noise that exceeds 60 dBA at the
project boundaries shall be shielded with the most modern noise control devises (i.e.
mufflers, lagging, and/or motor enclosures).
2. Impact tools (e.g., jack hammers, 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.
3. Where use of pneumatic tools is unavoidable, an exhaust muffler on the compressed-
air exhaust shall be used.
4. All construction equipment shall have the manufacturers’ recommended noise
abatement methods installed, such as mufflers, engine enclosures, and engine vibration
insulators, intact and operational.
5. 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-2 Construction plans shall note construction hours, truck routes, and all construction noise
Best Management Practices (BMPs) and shall be reviewed and approved by the City
Community Development Department prior to issuance of grading/building permits.
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The City shall provide and post signs stating these restrictions at construction entry sites
prior to commencement of construction and maintained throughout the construction phase
of the project. All construction workers shall be briefed at a pre-construction meeting on
construction hour limitations and how, why, and where BMP measures are to be
implemented.
N-3 Construction activities shall be conducted so that the maximum noise levels at affected
properties will not exceed 80 dBA for multi-family residential and 85 dBA for mixed
residential/commercial uses, restaurants, and meeting places.
N-4 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:
• Sound blankets shall be used on noise-generating equipment.
• Stationary construction equipment that generates noise levels above 65 dBA at the
project boundaries shall be shielded with a barrier that meets a sound transmission class
(a rating of how well noise barriers attenuate sound) of 25.
• All diesel equipment shall be operated with closed engine doors and shall be equipped
with factory-recommended mufflers.
• The movement of construction-related vehicles, with the exception of passenger
vehicles, along roadways adjacent to sensitive receptors shall be limited to the hours
between 7:00 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).
• Temporary sound barriers shall be constructed between construction sites and affected
uses.
N-5 The project contractor shall inform 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’s
Community Development Department.
N-6 All noise-generating rooftop building equipment, such as air conditioners and kitchen
ventilation systems, shall be installed away from existing noise-sensitive receptors (i.e.,
residences) or be placed behind adequate noise barriers.
Monitoring Program: These measures shall be incorporated into project grading and building
plans for review and approval by the City Community Development Department. Compliance shall
be verified by the City during regular inspections.
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Transportation
TR-1 Construction Management Plan. Prior to the issuance of each building permit, the
construction contractor shall meet with the Public Works department to determine traffic
management strategies to reduce, to the maximum extent feasible, traffic congestion and
the effects of parking demand by construction workers during construction of this project.
The construction contractor will develop a construction management plan for review and
approval by the Public Works department. The plan shall include at least the following
items and requirements:
• A set of comprehensive traffic control measures, including scheduling of major truck
trips and deliveries to avoid peak traffic and pedestrian hours, detour signs if required,
lane closure procedures, sidewalk closure procedures, signs, cones for drivers, and
designated construction access routes.
• Notification procedures for adjacent property owners and public safety personnel
regarding when major deliveries, detours, and lane closures will occur.
• Location of construction staging areas for materials, equipment, and vehicles.
• Identification of haul routes for movement of construction vehicles that would
minimize impacts on vehicular and pedestrian traffic, circulation and safety; and
provision for monitoring surface streets used for haul routes so that any damage and
debris attributable to the haul trucks can be identified and corrected by the project
applicant.
• Temporary construction fences to contain debris and material and to secure the site.
• Provisions for removal of trash generated by project construction activity.
• A process for responding to and tracking complaints pertaining to construction activity.
• Provisions for monitoring surface streets used for truck routes so that any damage and
debris attributable to the trucks can be identified and corrected.
• It is anticipated that this Construction Traffic Management Plan would be developed
in the context of the City Municipal Code Construction and Fire Prevention
Regulations and the City of San Luis Obispo 2013 Construction & Fire Codes, which
address other issues such as hours of construction onsite, limitations on noise and dust
emissions, and other applicable items.
Monitoring Program: Prior to building permit issuance the Construction Management Plan shall
be submitted to the City Community Development Department and Public Works Department for
review.
SECTION 4. 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 approves the project
with incorporation of the following conditions:
Planning Division
1. Final project design and construction drawings submitted for a building permit shall be in
substantial compliance with the project plans approved by the City Council (ARCH-1687-
2018, PDEV-0509-2019, & EID-0475-2019). A separate, full-size sheet shall be included in
working drawings submitted for a building permit that lists all mitigation measures,
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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. The project shall demonstrate compliance with all mitigation measures and conditions,
applicable to the project site, established under the Planned Development Overlay Ordinance
and associated Mitigated Negative Declaration (PDEV-0509-2019, EID-0475-2019).
3. Plans submitted for a building permit shall call out the colors and materials of all proposed
building surfaces and other improvements, which shall be in substantial conformance with
the exterior elevations approved by the City Council. The applicant shall note the use of
smooth finish stucco on the building plans and all other details of the exterior materials,
including final colors and textures, shall be reviewed and approved by the Community
Development Director.
4. Plans submitted for a building permit shall incorporate the design considerations as described
at the ARC hearing on June 1, 2020, the final designs of the proposed project shall be
modified to incorporate the following items, subject to the satisfaction of the Community
Development Director:
• The columns and cornice along the 45-degree corner element shall be modified to provide
more refined detailing that draws in attention.
• The residential gate feature shall be redesigned to be congruous with the surroundings,
consider pattern that is of a finer grain.
• The landscaping planters along the upper level terrace shall be scaled down in keeping
with the character of downtown.
• The cornice along the third floor shall be modified to provide greater detailing that
presents greater prominence.
• The design shall include greater detailing and refinement of brick detailed elements.
• The design of the bulkheads and spandrels shall consider a more contrasting color or tone.
• The storefront and street level details shall be of a high-quality design consistent with the
intent of the Community Design Guidelines for Downtown Design.
5. Plans submitted for a building permit shall include recessed window details and all other
details including but not limited to awnings, and railings. Plans shall indicate 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 all design
features that reflect the architectural style of the project and are compatible with the
neighborhood character, to the approval of the Community Development Director.
6. Prior to building permit issuance, the applicant shall submit an application and receive
approval for the installation of public art as part of the project rather than paying the in-lieu
fee (Municipal Code §17.32.030.E.5.b.(2).(g)), or prior to occupancy of the building subject
to the approval of the Community Development Director. Public art shall be installed prior to
occupancy of the building.
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7. Prior to building permit issuance, the applicant shall pay Parking In-lieu fees and record a
Parking In-lieu Fee Agreement, or prior to occupancy of the building subject to the approval
of the Community Development Director. Preliminary estimates indicate that the project will
be subject to in-lieu fees for 39 parking spaces for new construction.
8. Prior to the issuance of a building permit, the applicant shall provide a Transportation
Demand Management Plan to reduce vehicle trips to and from the property, the plan shall
clearly identify the responsibility for monitoring and reporting the progress of the
Transportation Demand Management Plan to the satisfaction of the Community Development
Director and the Transportation Division. The Transportation Demand Management Plan
shall include clearly defined, measurable, and verifiable performance measures, and identify
how they will be monitored/measured by the City Transportation Division.
9. Prior to issuance of a building permit, the applicant shall record an Offer to Dedicate
Pedestrian Easement covenant for the irrevocable and perpetual access for the general public
to use and access the Downtown Centre as a public plaza. The covenant shall identify the
responsibilities for private maintenance and public access of the Downtown Centre, subject
to the satisfaction of the Community Development Director.
10. Prior to issuance of a building permit, the applicant shall record a historic preservation
agreement that provides for the permanent preservation of the Muzio Building at 868 and 870
Monterey Street as a listed historic resource within the Downtown Historic District, subject
to the satisfaction of the Community Development Director.
11. 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 §17.70.100 of the Zoning Regulations.
12. Mechanical and electrical equipment shall be located internally to the building or shall be
fully screened. 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
13. The storage area for trash and recycling cans shall be screened from the public right -of-way.
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-of-way.
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14. 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.
15. 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.
16. The design of the proposed structure shall incorporate site planning measures and noise
attenuating construction techniques that reduce 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.
17. Prior to building occupancy, the owner of the property shall provide a Residential Noise
Notice in writing for residential occupants stating that the property is located within a
commercial zone in an urban-type environment and that noise levels may be higher than a
strictly residential area.
18. Prior to demolition of the existing structure, the plaques commemorating the Riley’s
Department Store employees shall be retained and incorporated into the f inal project design,
subject to the satisfaction of the Community Development Director.
19. Demolition of the existing building shall not commence until a permit has been issued by the
building official. The applicant shall comply with §15.04 Construction and Fire Prevention
Regulations, Appendix Chapter A2 Demolition and Moving of Buildings, including but not
limited to, the following: the applicant shall provide evidence that for a period of not less than
90 days from date of permit application, the building was advertised in a local newspaper on
at least 3 separate occasions not less than 15 days apart, as available to any interested person
to be moved, and submit historic documentation for the structure.
20. Any new proposed signage shall be reviewed by the Community Development Department
to ensure appropriateness for the site and compliance with the Sign Regulations. Signage shall
coordinate with building architecture and the type of land use. The Community Development
Director may refer signage to the Architectural Review Commission if it seems excessive or
out of character with the project.
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Affordable Housing – Community Development
21. Prior to issuance of building permits, the city and the project owners 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 moderate income households resulting in 25 percent of all proposed units
as affordable (13 units) consistent with the provisions and requirements under the Zoning
Regulations (§17.138), to the satisfaction of the Community Development Director.
Engineering Division – Public Works/Community Development
22. The building plan submittal shall include a complete plan of the existing and proposed surface
and utility improvements within the public right-of-way. The plan shall include an inventory
of all existing improvements including signs, utility meters, curb painting, striping, and
parking meters. The plan shall include an inventory and proposed disposition for all furniture
and public improvements to be replaced, retained, reinstalled, or disposed.
23. Plans submitted for a building permit shall identify the final parking space delineations,
signage, striping, limits of red curb, and metered spaces on the plans and shall be approved
by the Public Works Department.
24. The building plans shall show all existing survey monumentation and shall clarify to protect
in place or to be replaced. The existing United States Geological Survey (USGS) monument
per City Benchmark System point 8 shall be retained unless otherwise approved for
replacement.
25. Projects involving the substantial remodel of existing structures requires that complete
frontage improvements be installed or that existing improvements be upgraded per City
Standard (§12.16.050), subject to the satisfaction of the Public Works Director.
26. This property is located in the Mission Style Sidewalk District. All sections of new, altered,
or replaced curb, gutter, sidewalk, curb ramps, or driveway approaches shall be constructed
in the Mission Style per City Engineering Standards. Because of the extent of requir ed
demolitions, new utilities, and existing damaged or displaced curb, gutter, and sidewalk, the
entire Chorro and Marsh street frontages shall be upgraded to replace the standard concrete
with new curb, gutter, and sidewalk.
27. Existing and new meter vaults and tree wells shall be upgraded per City Engineering
Standards and reflected on the building plan submittal. The existing trees shall include new
tree well frames and grates if the root structure will accommodate a grate. Any alternate tree
well design for the existing trees to remain shall be approved to the satisfaction of the Public
Works Department.
28. The project public improvements shall include the installation of new Pedestrian Level
Streetlights along the Chorro and Marsh street frontages per City Engineering Standards and
the approved streetlight layout plan. The final streetlight locations and spacing shall consider
the existing streetlight locations, the location of existing infrastructure, the trees to remain,
and proposed trees. The number and location of streetlights shall be approved by the Public
Works Department.
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29. The building plan submittal shall show all existing and proposed work within the public right -
of-way. The building plan submittal shall show and note the required floor level at all new
doorways/landings per American with Disabilities Act (ADA) and California Building Code
requirements. The plans shall include a detailed topographic survey to show the finish floor
elevations and adjoining sidewalk elevations. The City may support the potential use of the
public sidewalk to help provide the required level landings by varying the curb heights along
the respective street frontages, subject to the satisfaction of the Public Works Director. The
plan shall include details of the existing sidewalk transition from the 8” curb along Chorro
starting near 1122 Chorro.
30. The building plan submittal shall clearly show and note any replacement waterproofing or
construction required along the new secondary access/egress walkway to Chorro along the
interface with the Wineman Building/1122 Chorro. Modifications to the adjoining building
may require a separate permit.
31. The building plan submittal shall include a complete site utility plan. All existing and proposed
utilities along with utility company meters shall be shown. Existing underground services shall
be shown along with any proposed alterations or upgrades. All work in the public right-of-way
shall be shown or noted. The final details of the private stormdrain connection to the p ublic
system shall be approved by the Public Works Department. A separate inspection port or
cleanout may be required to differentiate between the public and private systems.
32. A separate encroachment agreement may be required for any private improvements that are
approved for location within the public right-of-way.
33. The applicant shall verify that the existing roof drainage systems, basement drains, or sumps
are not connected to the sanitary sewer system to the satisfaction of the Utilities Department.
Any existing inflow or infiltration shall be corrected with proper permits upon discovery.
34. The building plan submittal shall show all required short-term and long-term bicycle parking
(§17.72.070, Table 3-6), and in accordance with standards contained in the 2013 Bicycle
Transportation Plan, 2010 Community Design Guidelines, and any project-specific conditions
to the satisfaction of the Community Development Department. Include details and detail
references on the plans for the proposed bicycle parking facilities and/or racks. The building
plans shall provide a detailed site plan of any racks. Show all dimensions and clearances to
obstructions per City Standard. The project summary shall include the required and proposed
bicycle parking accordingly:
• Short-term bicycle racks such as “Peak Racks” shall be installed in close proximity to, and
visible from, the main entry into the building (inverted “U” rack designs shall not be
permitted). Dimension the minimum clearances between racks shall be per City
standards/adopted guidelines.
• Long-term bicycle parking may consist of lockers installed either within or outside the
building. As an alternative, a lockable room within the building(s) labeled and reserved
for bicycle storage may substitute for bicycle lockers. Provide details and specs for bicycle
lockers to the satisfaction of the Planning Division.
Short-term and long-term bicycle parking areas shall accommodate bicycle parking storage
space for cargo style bicycles, the bicycle storage room or other long-term bicycle storage shall
provide electric vehicle charging equipment.
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35. Provisions for trash, recycle, and food waste containment, screening, and collection shall be
approved to the satisfaction of the City and San Luis Obispo Garbage Company. The respective
refuse storage area and on-site conveyance shall consider convenience, aesthetics, safety, and
functionality. Ownership boundaries and/or easements shall be considered in the final design.
Any common storage areas shall be maintained by a Property Owner’s Association or other
property maintenance agreement. The applicant shall provide a copy of any existing, amended,
or new agreement regarding solid waste management within the off-site alley/containment area.
36. This property is located within a designated flood zone as shown on the Flood Insurance Rate
Map (FIRM) for the City of San Luis Obispo. As such, any new or substantially- remodeled
structures and all new building service equipment shall comply with all Federal Emergency
Management Agency (FEMA) requirements and the City’s Floodplain Management
Regulations (§17.78).
37. This property is located in an AO (two-foot depth) Flood Zone; the water surface or base flood
elevation (BFE) of a 100-year storm is two feet above adjacent grade. The structure must be
flood proofed to an elevation that is at least one foot above the BFE or three feet above the
highest adjacent grade. Additional freeboard to two feet above the BFE may result in additional
structure protection and savings on flood insurance and is strongly encouraged.
38. The building plan submittal shall show all proposed floodproofing, floodgate storage areas,
utility protections, etc. The building plan submittal shall include a reduced floor plan showing
and noting the location and type of floodgates and the labeled floodgate storage area/room. The
plan will be forwarded to the Fire Department for inclusion in their records for recurring fire
inspections.
39. All conduits and penetrations into the building shall be sealed against the intrusion of
floodwater. A backwater valve shall be provided on the sanitary sewer to protect from backflow
of a surcharged public sewer. Floors or fixtures not requiring protection shall bypass the valve
in accordance with the California Plumbing Code. The backwater valve shall be located outside
of the public right-of-way.
40. FEMA Elevation and Floodproofing certificates shall be provided at the completion of
construction.
41. Improvements located within the public right-of-way or easement areas shall be shown on the
building plan submittal for reference. A separate encroachment permit will be required from
the Public Works Department for any work or construction staging located within the public
right-of-way or public easement areas.
42. A construction staging and management plan shall be provided to the City and approved prior
to demolition, new construction, and encroachment permit issuance. The plan shall be in
accordance with ADA, City Engineering Standards, established guidelines, policies, and
specifications. The plan shall be approved to the satisfaction of the Public Works and
Community Development departments. The plan may be provided for each phase of
construction and shall include any proposed sidewalk, parking lane, or traffic lane closures.
Unless otherwise approved by the City, sidewalks shall remain open to through pedestrian
traffic with diversions or pedestrian protection structures.
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43. The applicant, developer, or contractor of record shall provide a list of businesses that could
be affected by traffic or construction impacts to the City for acceptance. The list shall include
the City and the Downtown Association. Notices shall be provided to the listed contacts about
construction impacts, phasing, and project timing prior to commencing with any demolitions
or construction.
44. The building plan submittal and supporting documentation shall show and note compliance
with the Post Construction Stormwater Regulations as promulgated by the Regional Water
Control Board per Resolution 2013-0032 and any updates to the stormwater codes and
standards in effect at the time of development. Stormwater Control Measures (SCM’s) shall
not be located within the public rights-of-way unless specifically approved by the City
Engineer. The drainage report and Stormwater Control Plan shall clarify whether this project
meets the minimum Urban Sustainability Area requirements for the Downtown Commercial
area.
45. The stormwater control plan and analysis shall include the limits of altered or replaced public
sidewalk. The report and plans shall show and note compliance with all applicable
Performance Requirements. The stormwater control measure for Performance Requirement
2 shall include Measure 1: Harvesting, infiltration, and/or evapotranspiration before
defaulting to Measure 2 or 3.
46. The City supports the proposed tree removals with the compensatory tree planting as shown
on the proposed development plans. Unless otherwise waived by the Public Works
Department, the new trees shall be irrigated by the on-site water service piping and irrigation
controllers.
47. The applicant may consider festoon tree lighting improvements for the existing or proposed
new trees. If proposed, the lighting systems and attachments shall be in accordance with City
Standards, policies, and guidelines consistent with the existing Downtown tree lighting
program.
48. Tree protection measures shall be implemented to the satisfaction of the City Arborist. The
City Arborist shall review and approve the proposed tree protection measures prior to
commencing with any demolition, grading, or construction. The City Arborist shall approve
any safety pruning, the cutting of substantial roots, or grading within the dripline of trees. A
City-approved arborist shall complete safety pruning. Any required tree protection measures
shall be shown or noted on the building plans.
Building Division – Community Development
49. Construction plans submitted for Building permits shall be designed in accordance with the
applicable codes in effect at time of submittal. Review of the general information provided
for entitlement is cursory and does not guarantee code compliance for a future construction
submittal.
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Utilities Department
50. 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.
51. Per Section 7 of the City’s Engineering Design Standards, the applicant shall provide a
comparison of the existing and proposed sewer generations prior to building permit issuance.
52. The project plumbing calculations shall be used to size the sewer lateral and included in the
design narrative and utility plan, prior to building permit issuance.
53. Plans submitted for a building permit shall demonstrate how the project will connect their
sewer lateral to the existing six-inch VCP sewer main along Chorro Street, to the west of the
project site, with 4” or 6” diameter laterals.
54. Plans submitted for a building permit shall indicate whether commercial uses in the project
include food preparation, provisions for grease interceptors and FOG (fats, oils, and grease)
storage within solid waste enclosure(s) shall be provided with the design. These types of
facilities shall also provide an area inside to wash floor mats, equipment, and trash cans. The
wash area shall be drained to the sanitary sewer.
55. Per Section 6 of the City’s Engineering Design Standards, provide a comparison of the
existing and proposed water generations, prior to building permit issuance.
56. Building permit submittal shall clarify size of existing and proposed water services using a
topographic survey and the new site layout map with proposed water meter sizes per the City’s
Engineering Standards.
57. The project’s commercial and residential uses shall be meter ed separately. A City owned
master meter shall serve the residential units that are each sub-metered with private meters.
Plans submitted for a building permit shall include the CCR’s for the property
management/homeowner association and shall require that the sub-meters be read by the
association (or P/HOA contracted service).
58. All plans submitted for a building permit shall be consistent with the most recent fire
protection design narrative, including the layout and design of the fire riser room stamped and
signed by a licensed Fire Engineer. A private fire pump and surge tank shall be installed in
order to provide the residual pressures and flows required by the fire protection design
narrative. The surge tank shall be designed to have a pressure sustaining mechanism such that
surge forces don’t impinge back into the public water main. The fire system point of
connection shall be made along the existing 8” fire main on Marsh Street. The 8” main can be
upsized by the development between Chorro and Morro if additional capacity is required by
the fire protection design narrative, and must be to the satisfaction of the Utilities Director.
59. The approved fire protection design narrative shall include the fire flow rate(s) (gpm) and
pressures that will be going through the fire pump based on the proposed fire floor area per
NFPA requirements and the City of San Luis Obispo design standards, prior to building permit
issuance.
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60. Plans submitted for a building permit shall include a landscape documentation package per
CCR Title 23 MWELO 492.3.
61. The project’s estimated total water use (ETWU) to support new ornamental landscaping shall
not exceed the project’s maximum applied water allowance (MAWA). Information shall be
submitted during the Building Permit Review Process for review and approval by the Utilities
Department prior to issuance of a Building Permit to support required water demand of the
project’s proposed landscaping, following the City’s calculator.
62. Plans submitted for a building permit shall describe how recycled water will be used for major
construction activities, such as grading and dust control as required under §17.70.220
(Prohibited Water Uses). Recycled water is available through the City’s Construction Water
Permit program.
63. 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. Plans submitted for
a building permit shall include a trash enclosure capable of storing the required bins for waste,
recycling, and organics, subject to the satisfaction of the Utilities Director.
64. The building permit submittal shall include trash enclosure details as required by the City’s
Development Standards for Solid Waste Services. The alley to the north of the project site is
used for trash services. The project shall not disrupt the current trash services that utilize this
alleyway.
65. There are existing city fiber lines within the street right of way adjacent to the west and south
side of the project. Plans submitted for the project’s frontage improvements shall include
provisions to adjust and/or replace existing city owned utilities per the Engineering Design
Standards and to the satisfaction of the Utilities Director including, but not limited to: fiber
cables, splice boxes, pull boxes, water valves, water mains, and service laterals that interfere
as a result of the relocation.
Transportation Division – Public Works
66. Plans submitted for the project’s frontage improvements shall replace signal poles and mast
arm pole assemblies at the intersection of Chorro and Marsh Street in conjunction with
sidewalk replacement, subject to the satisfaction of the Public Works Director. New signal
poles shall conform with current City and Caltrans Standards and locate to current ADA
standards.
67. Plans submitted for the project’s frontage improvements shall demonstrate how the traffic
signal at Marsh and Chorro will conform with ADA requirements for audible pedestrian push-
button assemblies and count-down pedestrian signals. Installation shall conform to MUTCD
and City Standards.
68. Applicant shall submit a separate public improvement plan (PIP) set showing above signal
upgrades from conditions the conditions mentioned above. Traffic signal upgrade design shall
comply with the latest MUTCD and Caltrans design standards at the time the building permit
is obtained.
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69. Plans submitted for PIP shall provide details that replace stamped concrete crosswalk at
intersection of Chorro and Marsh Streets with brick paver crosswalk, to conform to ADA and
City Engineering Standards, to the satisfaction of the Public Works Director.
70. Plans submitted for a building permit shall provide details of the vehicle exit from the parking
area onto Marsh Street that demonstrates adequate sightlines of pedestrians on adjacent
sidewalk per City Engineering Standards, subject to the satisfaction of the Public Works
Director.
71. Plans submitted for a building permit, shall include a construction phasing plan and proposed
traffic handling plan during construction as a part of the building plan submittal, subject to
the satisfaction of the Public Works and Community Development Directors.
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Indemnification
72. 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 ______________________, seconded by ________________, and on the
following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was passed and adopted this _____ day of __________ 2020.
____________________________________
Mayor Heidi Harmon
ATTEST:
_____________________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
______________________________________
J. Christine Dietrick
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, _______________________.
____________________________________
Teresa Purrington
City Clerk
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1144 CHORRO STREET MIXED USE
Parking Demand Reduction and Management Plan
July 15, 2019
This document describes the management of parking demand and supply at the
Chorro Street mixed-use project, located at 1144 Chorro Street. It includes details
on the management of the building’s parking area as well as potential measures
that may be implemented to reduce parking demand associated with the project,
helping to curtail impacts to parking supply in neighboring streets and garages.
1. Management of the Parking Structure
The 1144 Chorro parking garage is designed to hold a minimum of approximately
7 cars, including 1 accessible van space.
The primary parking use is intended for car sharing spaces. Depending on demand
it is anticipated that 3 or 4 parking spaces will be used for car share spaces. In
addition to the car share spaces, 2 or 3 spaces will be designated for short term use
only, which will allow for pick up and drop off use.
A clear messaging program via email, brochures for tenants, and signage (located
in the garage and in office area employee break-rooms), will inform office
employees and residents of the parking program, ensuring that they have access to
available information on parking and transportation options. The property
management team will also have information on alternative transportation options
for tenants, including information on bus and train service.
2. Measures to Minimize the Project’s Off-Site Parking Impacts
Property management will also strive to minimize the project’s off-site parking
impacts through a number of potential parking demand reduction strategies.
Currently those strategies include the following:
SHOWERS AND LOCKERS
Shower and locker changing room facilities for employees who ride
their bikes to work, helping make bicycling a more attractive mode
of travel.
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BIKE PARKING
Secure on-site bicycle parking for all employees and residents,
ensuring those who bike do not have to worry about bicycle theft.
MAPS AND INFORMATION
Transportation information posted in the office area employee break
rooms with up-to-date information on transit services in the area,
including schedules and service area maps, ridesharing, bicycle
maps, and information on other alternative transportation options.
· AREA INFORMATION PACKETS
The dissemination of a welcome packet for new employees and
residents, containing transportation information relevant to the area.
The project will also implement other parking demand reduction strategies as
necessary. Potential tools under consideration include the following:
The provision of loaner and rental bikes for office employees allowing
employees to run errands on breaks without the need for a car.
Encouraging the use of ride-matching service through local ridesharing
programs.
Offering transit pass and/or ridesharing subsidies.
3. Identification of a Project Parking Manager
A Project Parking Manager will be identified once the property opens for business
and occupancy. The Manager will have authority over all parking spaces in the
structure, will implement and oversee parking demand reduction programs, and
will serve as a contact point for City staff. The Project Parking Manager shall be
identified by the property manager to the Community Development Director.
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MEMORANDUM
DATE: August 18, 2020
TO: City Council
BY: Kyle Bell, Associate Planner
FROM: Michael Codron, Community Development Director
SUBJECT: Item #PH2 ARCH-1687-2018, PDEV-0509-2019, & EID-0475-2019 (1144
Chorro) – A summary and evaluation of the comments from the Council Initiation
and Advisory Body hearings.
DISCUSSION
On September 17, 2019 the City Council provided the following direction to assist staff with the
processing of the applications for the project:
• The application of a PD Overlay zone is an appropriate method for implementation of the
City Council’s goal for higher density housing in the Downtown;
• The Mandatory Project Features required for consideration of establishment of the PD
Overlay zone and the Community Benefits Policy Objectives required for consideration of
the proposed building height of 75 feet are appropriate and in alignment with the scope of
the project given the priority that the City Council has placed on new housing in the
Downtown.
• Direct staff to move forward with priority processing of the project through the entitlement
process, including environmental review pursuant to the California Environmental Quality
Act (CEQA).
The Council also provided direction to the applicant to consider incorporating the Community
Benefit ‘Mode Shift’ for further consideration of the maximum building height, and requested that
the applicant return for final action with a proforma that ensure that no less than 25% of the units
can be dedicated as affordable housing. The applicant has incorporated the Mode Shift Community
Benefit into the project and will be presenting the proforma to the City Council for consideration
of the final action on the project that will describe how the project will provide for the 13 affordable
units (25%). Condition No. 8 has been incorporated into the draft resolution to require a
Transportation Demand Management Plan (TDMP) to reduce vehicle trips to and from the
property, the plan shall clearly identify the responsibility for monitoring and reporting the progress
of the TDMP.
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ARC Directional Items
On June 1, 2020, the ARC identified nine comments and recommendations, and references to
specific Community Design Guidelines (CDG) that required further consideration by the Planning
Commission (PC) prior to the Commission making a recommendation to the City Council and
final action on the project.
ARC Directional Item #1: The PC should consider effects on viewsheds, including views of Cerro
San Luis, as seen from intersections.
Response: The ARC expressed concerns regarding the view of Cerro San Luis from the crosswalk
along Marsh Street that leads to the Downtown Centre (see Visual Study on Sheet T3.5, of the
Project Plans). The project plans identify that the proposed structure does obstruct a portion of the
view of Cerro San Luis from the crosswalk. However, the City’s General Plan Land Use Element
Policy 4.17. (New Buildings and Views) states that: Downtown development nearby publicly-
owned gathering places shall respect views of the hills. In other locations Downtown, views will
be provided parallel to the street right-of-way, at intersections where building separation naturally
makes more views available, and at upper-level viewing decks. The viewshed along the crosswalk
at Marsh Street is not a location identified by the General Plan that would require further
protections for viewsheds because this view is perpendicular to the street right-of-way.
ARC Directional Item #2: The PC should consider CDG 2.2.F (coordinate the new with the old)
for compatibility with listed historic properties in the immediate vicinity.
Response: The CDG Section 2.2.F states that when new construction is proposed on a site with
existing structures that are to be retained, the new work should be designed to coordinate with old
structures that have architectural and/or historic value. This particular section of the CDG is
specific to structures that are on the same site, and not relevant to this specific project. Regardless,
the CHC agenda report provided further consideration of the project as it relates to surrounding
historic properties. The CHC report from the June 22, 2020 hearing, identified that the applicant
had revised the project design to incorporate architectural details and features that are consistent
with the character of the district, inclusive of: transom windows along the store frontage, window
mullions with brick and stucco headers, metal awnings, concrete bulkheads, detailed cornices, and
outdoor sitting areas. Furthermore, the SWCA Historic Preservation Report concluded that the
project complies with the City’s Historic Preservation Program Guidelines (HPPG) and with the
Secretary of the Interior’s Standards for the Treatment of Historic Properties by incorporating
numerous design elements that are considered to be compatible with adjacent and nearby
architectural styles and materials within the Historic District. On June 22, 2020 the CHC found
the project to be consistent with the City’s Historic Preservation Ordinance (HPO) and HPPG, as
discussed further in the section below (CHC Directional Items).
ARC Directional Item #3: The project could be improved for consistency with CDG 4.2.C (façade
design and wall surfaces), by providing more well-defined and detailed column elements, tone or
color of pre-cast elements (bulkhead and spandrels), and the corner angled façade elements such
as columns and cornices should be re-evaluated for more refined detailing that draws in attention
and makes it feel special.
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ARC Directional Item #4: The project should reconsider the residential gate feature as shown on
Sheet T1.1 and T1.2 to be congruous with surroundings, consider revisiting patterning that is finer
grained.
ARC Directional Item #5: The landscaping plantings along the terrace, Sheet L1.1, could be
scaled down to be more in keeping with character of downtown, consider the County Government
Center as an example.
ARC Directional Item #6: The cornice along the third floor should be redesigned to provide
further prominence.
ARC Directional Item #7: Further consideration should be provided for refinement of brick
detailed elements.
ARC Directional Item #8: Provide more contrasting color of bulkhead and spandrel above the
windows.
ARC Directional Item #9: Provide quality design at the street level.
Response: During the hearing the applicant agreed with the ARC that the project could be
improved with consideration of the items discussed, the ARC intended to provide these comments
for further consideration by the PC before requiring any modifications to the project plans. Staff
has incorporated ARC directional items 3 through 9 into the draft resolution for consideration by
the PC to be further refined and incorporated into the project during the building permit review
process. Condition No. 4 states that: Plans submitted for a building permit, shall incorporate the
design considerations as described at the ARC hearing on June 1, 2020, the final designs of the
proposed project shall be modified to incorporate the following items, subject to the satisfaction
of the Community Development Director:
• The columns and cornice along the 45-degree corner element shall be modified to provide
more refined detailing that draws in attention.
• The residential gate feature shall be redesigned to be congruous with the surroundings,
consider pattern that is of a finer grain.
• The landscaping planters along the upper level terrace shall be scaled down in keeping with
the character of downtown.
• The cornice along the third floor shall be modified to provide greater detailing that presents
greater prominence.
• The design shall include greater detailing and refinement of brick detailed elements.
• The design of the bulkheads and spandrels shall consider a more contrasting color or tone.
• The storefront and street level details shall be of a high-quality design consistent with the
intent of the Community Design Guidelines for Downtown Design.
The applicant has made modifications to the project plans in response to the ARC and PC direction,
see Figure 1. The project plans include the following changes:
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• Improved transition between cornice and raised corner element, inclusive of an elliptical
decorative feature outlined with decorative brick, see Figure 1.
• Refined residential gate feature modified with a lower panel, the design has been revised
to be congruous with surroundings and a finer grain pattern (Project Plans Sheet T1.2).
• Upper level landscaping and planters have been scaled down, see Figure 1.
• The cornice has been modified to provide greater prominence, the cornice material has
been replaced with a precast design that provides greater contrast between the brick and
the upper level stucco design, see Figure 1.
• Herringbone panels have been added as decorative elements to the façade, as well as a
soldier course of brick in line with the third-floor window heads (Project Plans Sheet T2.1).
• The bulkheads and spandrels have been darkened to provide greater contrast between
elements (Project Plans Sheet T2.1).
• The street level details have been refined to provide greater detail including the addition of
decorative tile at the window bulkheads and along the storefront openings (Project Plans
Sheet T2.1).
CHC Directional Items
On June 22, 2020, the CHC found the project consistent with the HPPG and provided a
recommendation that requires further consideration by the PC, prior to the Commission making a
recommendation to the City Council and final action on the project.
Figure 1: Original corner element (right), revised corner element based on ARC direction (left)
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CHC Directional Item #1: The top three stories should be changed to brick facing material to
match the lower three stores to de-emphasize the height of the building.
Response: The CHC communicated
concerns with the transition of materials
from the area above the third level from
brick to stucco. The CHC referenced
examples of modern architecture used in
projects with historic structures, similar to
the example shown in Figure 2. The CHC
suggested that the project mimics the
treatment of historic properties and that
the project could be improved and in
keeping with the character of the
Downtown Historic District if the stucco
material was changed to brick facing
material to match the lower three stories.
However, there are limited examples of
brick structures that step back along the
upper levels. Traditional brick style
architecture historically provides a
prominent presence along the street
frontage for the entire face of the building,
(see example shown in Figure 3).
While downtown buildings have a variety
of materials and architectural details,
several consistent themes in these aspects
of design in the downtown have helped to
define its distinctive character. The CDG
state that tall buildings should provide
appropriate techniques to assure that tall buildings respect the context of their setting and provide
appropriate visual transition to adjacent structures by maintaining a distinction between the lower
and upper floors that will reinforce the typical rhythm of traditional commercial buildings, and use
color to visually reduce the size, bulk and scale of a building. The proposed change of the stucco
material to brick may conflict with the intent of the CDG, and due to the building form and required
upper story step backs, the use of brick between all floors is not consistent with the architectural
style for brick buildings or consistent with trends in contemporary architecture. No evidence is
available that supports the notion that the use of brick along the upper levels would be successful
in de-emphasizing the height of building, rather the use of heavy materials such as brick would
likely bring attention to the upper levels and potentially result in an emphasis of the building height
and prominence. Furthermore, the transition between stucco and brick materials is consistent with
several other existing structures throughout the Downtown Historic District, such as the adjacent
Downtown Centre, Court Street Development, Morro Street Parking Garage, Hotel Cerro, and
Marsh Street Commons.
Figure 2: CHC example of upper level modern
additions
Figure 3: Example of traditional brick style architecture
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PC Directional Items
On July 8, 2020, the PC reviewed the project and unanimously recommended that the Council find
the project consistent with the Zoning Regulations and General Plan policies, with minor changes
to the draft resolution conditions regarding bicycle parking racks and clarification on the private
maintenance agreement for the Downtown Centre, for further consideration by the City Council
prior to final action on the project.
Condition 9 (dedication of pedestrian easement in Downtown Centre): modify second sentence as
follows: The covenant shall identify the responsibilities for private maintenance and public access
of Downtown Centre, subject to the satisfaction of the Community Development Director.
Condition 34 (bicycle facilities): modified to eliminate the option for inverted U style bicycle
racks, and to provide for the installation of electric bicycle parking stations, and bicycle parking
spaces that accommodate the size of cargo style bicycles.
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7/26/2021
1
1144 Chorro Street
ARCH-1687-2018 & PDEV-0509-2019
Marsh & Chorro Development
Review of a six-story mixed-use building consisting of approximately
30,000 square feet of commercial/office space and 50 residential
dwelling units, within the Downtown Historic District. The project
includes a rezone to provide a Planned Development Overlay and a
request to allow a maximum building height of 75-feet, where 50-feet is
normally allowed in the Downtown Commercial zone.
August 18, 2020
Applicant: Mark Rawson, Copeland Properties
2
Recommendation
Introduce an Ordinance rezoning the subject properties
to include a Planned Development Overlay. Find the
project and environmental determination consistent with
the General Plan, and Zoning Regulations to approve
the project, subject to findings and conditions.
1
2
7/26/2021
2
Project Description
3
Project Description
4
The mixed-use project consists of a six-story structure
comprised of;
Ground floor commercial (4,806 sq. ft.)
2nd &3rd floor office (25,251 sq. ft.)
4th –6th floor residential (50 units)
The project includes a Planned Development (PD)
Overlay, and a request to establish a max height of 75-
feet, where normally limited to 50-feet.
3
4
7/26/2021
3
Previous Advisory Body Reviews
5
Conceptual Review
November 26, 2018, CHC (vote 7:0)
December 3, 2018, ARC (vote 6:0)
September 17, 2019, Council Initiation (vote 3:0:2)
Project Review
June 1, 2020, ARC (vote 5:1) recommended approval
June 22, 2020, CHC (vote 3:1) recommended approval
July 8, 2020, PC (vote 7:0) recommended approval
August 10, 2020, TC (5:0:2) recommended approval
PD Overlay – Mandatory Project Features
6
PD-Overlay – Three Mandatory Project Features;
A minimum of 25% of residential units dedicated
for affordable housing.
LEED Silver rating for Energy Efficiency.
Provide a substantial public amenity, including
provisions for guaranteed long-term maintenance.
5
6
7/26/2021
4
Maximum Height - Community Benefits
7
Maximum Height - Three Community Benefits;
a.Affordable and Workforce Housing (1)
b.Affordable and Workforce Housing (3)
c.Pedestrian Amenities (1)
d.Pedestrian Amenities (2a-g)
e.Historic Preservation (Off Site)
f.Modal Split
g.Other Policy Objectives
Floor Area Ratio (FAR) Exception
8
The project proposes a FAR
of 3.94.
The project includes the
permanent preservation of
the Muzio Building to allow a
FAR of 4.0
The allowable FAR may be increased up to 4.0 in the C-D zone with
transfer of development credits for open space protection or
historic preservation (§ 17.32.020).
7
8
7/26/2021
5
Density
9
Development potential is allowed to transfer within the
area covered by a PD-Overlay (§ 17.70.040).
Type Number of
Units
Density
Ratio
Density
Proposed
One‐bed/studio 47 0.5 23.5
Two‐bed 31 3
Total Proposed:26.5
Density C‐D zone (36/acre):13.81
Density PD‐Overlay:77.76
Remaining Density within PD‐Overlay:51.26
The proposed
project requires
26.5 density units.
The PD-Overlay
provides 77.76
density units.
Environmental Review
10
The IS-MND identifies that the project would potentially affect
the following environmental factors unless mitigated:
•Air Quality
•Biological Resources
•Cultural Resources
•Hazards and Hazardous Materials
•Noise
•Transportation
•Tribal Cultural Resources
•Utilities and Service Systems
Mitigation measures have been identified to reduce these
potential impacts to less than significant.
9
10
7/26/2021
6
Environmental Review
11
Cultural Resources:
Found the project would have less than significant
impact on historic resources, w/ mitigation.
Found the existing structure does not qualify as a
historic resource under the listing criteria.
Tribal Cultural Resources:
Found the project would have less than significant
impact on Tribal Historical Resources, w/
mitigation.
12
Recommendation
Introduce an Ordinance rezoning the subject properties
to include a Planned Development Overlay. Find the
project and environmental determination consistent with
the General Plan, and Zoning Regulations to approve
the project, subject to findings and conditions.
11
12
7/26/2021
7
Response to ARC Comments
13
13
539 Marsh StreetSan Luis Obispo, CA805.541.1010info@tenoverstudio.comMARSH & CHORRO MIXED-USE at DOWNTOWN CENTRESAN LUIS OBISPO, CADATE: 09/17/2019EX.4land use complianceMandatory Project FeaturesThrough the PD Overlay, the project will meet the following:Affordable Housing A minimum of 25% moderate-income.LEED Silver Minimum LEED Silver Energy Efficienct rating (or city approved equivalent).Preserve Open Space At least a quarter of an acre on the Downtown Centre Site.Public Plaza Guarantee long term Maintenance of a significant Public Plaza on the Downtown Centre Site.Community Benefits Policy ObjectivesThe project seeks a use-permit allowign 75’ in height by providing:Affordable and Workforce Housing 1) Project will provide 25% moderate-income households.public plaza Pedestrian Amenities: 2) Project provides a significant public plaza.preservation of the Muzio Building View Access and Preservation: 2d) Project will provide a permanent preservation of the Muzio Building at 868/870 Monterey StreetLAND USE COMPLIANCE MANDITORY PROJECT FEATURES Through the PD Overlay, the project will meet the following: AFFORDABLE HOUSING : A minimum of 25% moderate-income residential units LEED SILVER : Minimum LEED Silver Energy Efficient rating (or City approved equivalent). PRESERVE OPEN SPACE : At least a quarter of an acre on the Downtown Centre Site. PUBLIC PLAZA : Guarantee a long term significant Public Plaza on the Downtown Centre Site.COMMUNITY BENEFITS POLICY OBJECTIVES The project seeks a use-permit allowing 75' in height by providing the following: AFFORDABLE AND WORKFORCE HOUSING : 1) The project will provide a minimum of 25% moderate-income residential units PUBLIC PLAZA : 2) Project provides a significant public plaza and pedestrian amenity. MODAL SPLIT : 3) Project provides a permanent mode shift towards alternative transportation. HISTORIC PRESERVATION : 4) Project will provide a permanent preservation of the Historic Muzio Building at 868 / 870 Monterey StreetCITY OF SAN LUIS OBISPO - PROJECT MAJOR GOALS HOUSING : Facilitate the production of housing with an update of the housing element, including an emphasis on affordable housing and workforce housing through the lens of climate action and regionalism. SUSTAINABLE TRANSPORTATION : Enhance accessible regional transit, bicycle, and pedestrian mobility to promote a transition to a car-free or shared-car lifestyle and to reduce greenhouse gases. CLIMATE ACTION : In response to the climate crisis, continue to update and implement the Climate Action Plan for carbon neutrality, including preservation and enhancement of our open space and urban forest and planning for resilience. DOWNTOWN VITALITY : Support the economic and cultural heart of the City with attention to safety, maintenance, infrastructure, and amenities
539 Marsh StreetSan Luis Obispo, CA805.541.1010info@tenoverstudio.comMARSH & CHORRO MIXED-USE at DOWNTOWN CENTRESAN LUIS OBISPO, CADATE: 09/17/2019EX.12ROOF GARDEN12.5’/ 22’ setback from property line on marsh21’ setback from the property line on chorro(E) 10' ALLEYCHORRO ST.P.L. 140.07'P.L. 119.30'(E) 10' ALLEYMARSH ST. STREET LEVEL 12'-6" BUILDING SETBACK FROM PROPERTY LINE ON MARSH STREET 9'-0" BUILDING SETBACK FROM PROPERTY LINE ON CHORRO STREETUPPER LEVEL 22'-0" BUILDING SETBACK FROM PROPERTY LINE ON MARSH STREET 21'-0" BUILDING SETBACK FROM PROPERTY LINE ON CHORRO STREETLIGHT GREEN AREA - EXPANDED SIDEWALK SETBACK / SEATING AREAFOOTPRINT OF BUILDING - DARKER GREEN SHADEUPPER RESIDENTIAL LEVELS - WHITE, INCREASED STEP BACK
539 Marsh Street
San Luis Obispo, CA
805.541.1010
info@tenoverstudio.com
MARSH & CHORRO MIXED-USE at DOWNTOWN CENTRE
SAN LUIS OBISPO, CA
DATE: 7/27/2020 T2.1
VIEW OF MARSH & CHORRO CORNER
MARSH
C
H
O
R
R
OHIGUERA
539 Marsh Street
San Luis Obispo, CA
805.541.1010
info@tenoverstudio.com
MARSH & CHORRO MIXED-USE at DOWNTOWN CENTRE
SAN LUIS OBISPO, CA
DATE: 7/27/2020 T2.0
VIEW FROM CHORRO STREET
MARSH
C
H
O
R
R
OHIGUERA
539 Marsh Street
San Luis Obispo, CA
805.541.1010
info@tenoverstudio.com
MARSH & CHORRO MIXED-USE at DOWNTOWN CENTRE
SAN LUIS OBISPO, CA
DATE: 7/27/2020 T2.2
VIEW FROM DOWNTOWN CENTER PASEO
MARSH
C
H
O
R
R
OHIGUERA
539 Marsh Street
San Luis Obispo, CA
805.541.1010
info@tenoverstudio.com
MARSH & CHORRO MIXED-USE at DOWNTOWN CENTRE
SAN LUIS OBISPO, CA
DATE: 7/27/2020 T2.3
VIEW LOOKING DOWN MARSH STREET
MARSH
C
H
O
R
R
OHIGUERA
539 Marsh Street
San Luis Obispo, CA
805.541.1010
info@tenoverstudio.com
MARSH & CHORRO MIXED-USE at DOWNTOWN CENTRE
SAN LUIS OBISPO, CA
DATE: 7/27/2020 A2.0
site plan and
first floor plan
SCALE: 1” = 20’-0”NKEYNOTES
1. (N) TREES. SEE LANDSCAPE PLAN FOR
SPECIES/SIZE. MAINTAIN 8’ CLEARANCE
2. (N) CURB CUT
3. (E) TREE TO REMAIN. MAINTAIN 8’
CLEARANCE AT SIDEWALK AROUND TREE.
4. (N) PAVING AT SIDEWALK
5. (E) GAS METER IN SIDEWALK
6. (E) PGE VAULT
7. (E) MANHOLE
8. (E) WATER METER IN SIDEWALK
9. (E) WATER METER IN SIDEWALK TO BE
RELOCATED OUTSIDE OF TREE GRATE
AREA
10. (E) FIRE HYDRANT
11. (E) TRUNCATED DOME - ADA MARKING
STRIP
12. (E) STREET LIGHT &TRAFFIC SIGNAL
13. (E) PEDESTRIAN SIGNAL
14. (E) CURB CUT AT ALLEY
15. (N) STORMWATER BIOFILTER PLANTER
TYP.
16. APPROXIMATE SIZE AND LOCATION OF (E)
BASEMENT TO REMAIN (STORAGE 001)
17. NEW FINISH FLOOR GRADES AT DOOR
THRESHOLDS PER 1.5% MAX CROSS
SLOPE FROM ADJACENT TOP OF CURB.
B
1
24'-0"15'-0"24'-0"
2
3
4
5
6
1
2
3
4
5
6
C D E F G
B C D E F G
20'-0"23'-0"20'-0"20'-0"
20'-0"23'-0"20'-0"20'-0"5'-0"25'-0"20'-0"25'-0"15'-0"5'-0"25'-0"20'-0"25'-0"720'-0"7 20'-0"A
A
10'-0"
10'-0"
H
H
22'-6"
22'-6"UPUPRETAIL
102
1,425 SF
TRASH
107
612 SF
UTILITY
108
480 SF
2
3
RETAIL
101
1,424 SF
RETAIL
100
1,738 SF
OFFICE LOBBY
104
594 SF
RES. LOBBY
103
597 SF
GARAGE
105
3,782 SF
P.L 119.30'(E) 10'-0" ALLEY (E) ADJACENT
BUILDING
CHORRO STREET MARSH STREET
4
5
MC - 2
MC - 1
1-ADA
BIKE
106
292 SF
SHOW /
LOCKERS
110
198 SF
FIRE
RISER
109
89 SF
COVERED
AREA
111
546 SF
MAIL BOXES
1
1
3
2
311 45
5
6 6
7
7
8
8
8
9
10
11
12
13
10
14
5'-0"15
2
A1.1
1
A1.1
6
7
12'-4"4'-4"9'-4"12'-6"10'-0"10'-0"8'-0"16
204.5 FF
204.38 FF
204.4 FF
204.37 FF 204.15 FF
204.06 FF
204.28 FF
204.77 FF
204.61 FF
17
539 Marsh Street
San Luis Obispo, CA
805.541.1010
info@tenoverstudio.com
MARSH & CHORRO MIXED-USE at DOWNTOWN CENTRE
SAN LUIS OBISPO, CA
DATE: 7/27/2020 A2.1
SECOND floor plan
third floor, sim.
SCALE: 1” = 20’-0”N
539 Marsh Street
San Luis Obispo, CA
805.541.1010
info@tenoverstudio.com
MARSH & CHORRO MIXED-USE at DOWNTOWN CENTRE
SAN LUIS OBISPO, CA
DATE: 7/27/2020 A2.2
fourth FLOOR plan
SCALE: 1” = 20’-0”N
539 Marsh StreetSan Luis Obispo, CA805.541.1010info@tenoverstudio.comMARSH & CHORRO MIXED-USE at DOWNTOWN CENTRESAN LUIS OBISPO, CADATE: 09/17/2019EX.5chc & arc directional items chc directional items• Provide height analysis of buildings in vicinty• Distinguish projects shadows from others• Review existing structure potential historic eligibilty• Revise scale and mass of above fourth story• Provide less “institutional” style• Add architectural details consistent with historic district• Provide greater variety in articulation• Add variety along storefront elevationsarc directional items• Relieve building mass, provide variety of fenestration, and roof lines• Follow planning principles of the Downtown Concept Plan• Be distinctive as a gateway feature. The design should be of its own time,but compatible with adjacent historic structures• Provide greater step backs/ or consider a height reduction. Design shouldreinforce the horizontal lines of adjacent structures.• Focus on pedestrian scale, revitalize corner of Marsh & Chorro, providegreater sidewalk widths for patio dining.EXPANDED SIDEWALK PROVIDES AREAS FOR PATIO DINING AND ENHANCED PEDESTRIAN USEREVITALIZED CORNER OF MARSH & CHORRO PROVIDES A DISTINCTIVE GATEWAY FEATUREVARIETY IN FACADE ARTICULATION AND ARCHITECTURAL DETAILS TO REINFORCE PEDESTRIAN SCALE