HomeMy WebLinkAboutItem 4b. 1166 Higuera St. (USE-0559-2023) Review of a Conditional Use Permit
PLANNING COMMISSION AGENDA REPORT
SUBJECT: REQUEST FOR A CONDITIONAL USE PERMIT TO ESTABLISH A CITY
PARKING FACILITY (I.E., SURFACE PARKING LOT) FOR PAID PUBLIC PARKING.
THE PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW.
PROJECT ADDRESS: 1166 Higuera Street BY: Hannah Hanh, Associate Planner
Phone Number: (805) 781-7432
Email: hhanh@slocity.org
FILE NUMBER: USE-0559-2023 FROM: Tyler Corey, Deputy Director
RECOMMENDATION
Adopt the Draft Resolution approving the project, based on the findings and subject to the
conditions of approval. The project is categorically exempt from environmental review
under Section 15301 (Existing Facilities) of the California Environmental Quality Act
(CEQA) Guidelines.
SITE DATA
Applicant
Zone
General Plan
Land Use
Site Area
Environment
al Status
City of San Luis Obispo
Retail Commercial (C-R)
General Retail (GR)
0.49 acre
Categorically exempt
from environmental
review under CEQA
Guidelines Section
15301 (Existing
Facilities)
SUMMARY
The City of San Luis Obispo (City) applied for a Conditional Use Permit to establish a
parking facility (i.e., surface parking lot) for paid public parking at 1166 Higuera Street.
The project site is an approximate 0.49-acre parcel located at the intersection of Higuera
Street and Toro Street and contains two (2) existing structures and site improvements.
Minor improvements would be required to prepare the property for use as paid public
parking, including parking lot improvements (e.g., installation of signage, striping, wheel
stops, pay stations, etc.), landscape improvements (e.g., reconstruction of planter areas,
etc.), and demolition of an existing unhabitable structure (formerly used as a tattoo shop).
Meeting Date: 12/13/2023
Item Number: 4b
Time Estimate: 30 minutes
Figure 1 – Project Site
Page 17 of 27
Item 4b
USE-0559-2023 (1166 Higuera Street)
Planning Commission Report – December 13, 2023
1.0 PLANNING COMMISSION’S PURVIEW
The Planning Commission’s role is to review the project for consistency with the General
Plan, Zoning Regulations, and applicable City development standards and regulations.
Per Table 2-1 (Uses Allowed by Zone), establishment of a parking facility (e.g., surface
parking lot) requires approval of a Conditional Use Permit in the Retail Commercial (C-R)
zone.
2.0 PROJECT INFORMATION
2.1 Project Site Statistics
Present
Development and
Uses
Developed property with two (2) existing structures and site
improvements, including access, parking, and landscaping.
Topography Located on a minor slope, but the property has been improved to
be flat
Access Higuera Street
Surrounding
Zones and Uses
North: C-R zone / restaurant, office, and vehicle sales uses
South: C-R and O zones / office, residential, and school uses
East: C-R zone / restaurant and office uses
West: C-R Zone / office and business service uses
2.2 Previous City Council Action
On July 18, 2023 and October 17, 2023, City staff met with the City Council in closed
sessions to seek authorization to pursue property negotiations and to discuss purchase
terms of the project site. There were no reportable actions taken at these meetings.
On November 14, 2023, the City Council reviewed the completed negotiations between
City staff and the seller, and approved the purchase and authorized execution of the
Purchase and Sale Agreement for the project site (Resolution). As part of this decision,
the City Council indicated that acquisition of the property is intended for an interim public
parking lot and future uses of the property would be determined through outreach and
engagement with property owners and businesses in the Upper Monterey Area . Future
public outreach and engagement would be to confirm the scope in pursuing an area plan
consistent with Land Use Element Policy 8.2.2, which is currently detailed as follows:
In the Upper Monterey Area, the emphasis will be on revitalization and enhancement. The
area above Johnson shall have an emphasis on land use compatibility and neighbor
preservation. The following actions will be pursued in this area.
A. The City shall investigate adding the Upper Monterey area to the Downtown
Parking District, thereby allowing in-lieu payment towards common parking
facilities.
Page 18 of 27
Item 4b
USE-0559-2023 (1166 Higuera Street)
Planning Commission Report – December 13, 2023
B. The City shall integrate a new Downtown Transit Center in the Upper Monterey
area and provide enhanced connectivity to the center from the Upper Monterey
area.
C. The City will work with hotels in the Upper Monterey area to provide shuttle service
to the Downtown and Downtown Transit Center.
D. The City will promote restaurant development in the Upper Monterey area, and
include outdoor dining opportunities and other public activities oriented toward
Monterey Street. North of California, these types of activities shall be prohibited on
the creek side of buildings.
E. The City will evaluate reconfiguring Monterey Street in this area to enhance bicycle
and pedestrian connectivity to Downtown and to Cal Poly.
F. The City will work with local hotels and Cal Poly to develop enha nced meeting
rooms and conference facilities. These types of facilities would not be located on
the east side of Monterey north of California Street, nor is a stand -alone
conference center appropriate for this area.
G. The City will work with developers to assemble adjacent properties into lots of
suitable size for redevelopment limited to areas southwest of California Street .
H. The City will develop an Upper Monterey area master plan and design guide that
will provide guidance on street enhancements, façade i mprovement programs,
and pedestrian enhancement along Monterey Street. As part of this effort, the City
will investigate the ability to apply form-based codes to guide future development
and will involve residents in adjoining areas as well as business and property
owners along Monterey Street as part of the public review process in development
of the master plan/design guide. Particular attention will be given to creek
protection, noise, safety, light and glare, and privacy impacts to adjoining
neighborhoods.
Following authorization by the City Council to purchase the property, but prior to the close
of escrow, the Planning Commission is to review the following two (2) requests on
December 13, 2023:
1. Determination of General Plan conformance as required per California
Government Code Section 65402, and
2. Conditional Use Permit to establish a City parking facility for paid public parking in
the C-R zone.
Escrow is scheduled to close at the end of December 2023.
Page 19 of 27
Item 4b
USE-0559-2023 (1166 Higuera Street)
Planning Commission Report – December 13, 2023
2.3 Project Description
The City is requesting a Conditional Use Permit to establish a parking facility (i.e., surface
parking lot) for paid public parking at 1166 Higuera Street. The project site is an
approximate 0.49-acre parcel located at the intersection of Higuera Street and Toro Street
and contains two (2) existing structures and a parking lot (Attachment B – Existing Site
Layout). As of recent, the existing structures have been used for private storage and the
parking lot has served as private off -site parking for nearby businesses.
Minor improvements would be required to prepare the property for use as public parking,
including parking lot improvements (e.g., installation of signage, striping, wheel stops, pay
stations, etc.), landscape improvements (e.g., reconstruction of planter areas, etc.), and
demolition of an existing unhabitable two-story structure (formerly used as a tattoo shop).
The current parking lot layout consists of 44 standard and two (2) accessible spaces.
However, efforts to increase the number of spaces and maximum use of the site would
be made upon development of the site improvement plans. The other one-story structure
to remain is anticipated for storage use.
3.0 PROJECT ANALYSIS
Approval of the Conditional Use Permit to establish the parking facility is subject to
requirements, outlined in Section 17.110.060 (Criteria for Approval) and Section
17.110.070 (Required Findings), for consistency with the General Plan and Zoning
Regulations and for compatibility with existing and future land uses in the vicinity. Staff
has evaluated the project against applicable policies and standards and found it to be in
compliance as discussed in this analysis.
3.1 Consistency with the General Plan
The project site is located in the General Retail (GR) land use designation, which the
Land Use Element (LUE) describes as intended for the provision of goods and services
adequate to meet most of the needs of the City and nearby County residents as well as
tourists and travelers (Table 1 – General Plan Land Use Designations). Allowable land
uses within this land use designation include a wide range of retail sales, restaurants,
professional and personal services, and public and quasi -public uses. As proposed, the
City parking facility would facilitate paid public parking to support the operation of existing
and proposed uses in the vicinity.
The project site is also located in the Upper Monterey Special Focus Area, which has an
emphasis on revitalization and enhancement (LUE Policy 8.2.2). Detailed actions for
Policy 8.2.2 state the City would investigate opportunities to improve its connectivity and
promote development, including the initiation of an Upper Monterey Area Master Plan to
guide future enhancements and improvements. As indicated in the approval by the City
Council to purchase the property on November 14, 2023, the project site would be utilized
as an interim parking facility and advance this policy by increasing parking supply in the
Upper Monterey Area to support development and economic revitalization. Future uses
of the project site would be determined through outreach and engagement with property
owners and businesses in the Upper Monterey Area to confirm the scope in pursuing an
area plan.
Page 20 of 27
Item 4b
USE-0559-2023 (1166 Higuera Street)
Planning Commission Report – December 13, 2023
Additionally, the project site is located in Block 23 of the Downtown Concept Plan (LUE
Program 4.25), where parking is envisioned along Higuera Street to support development
and redevelopment of structures, at least two stories in height, in the vicinity. Strategic
use of the project site as parking would result in improved access and facilitate
development within the Upper Monterey Area.
3.2 Consistency with the Zoning Regulations
The project site is located in the Commercial Retail (C-R) zone, which Chapter 17.30 (C-
R Zone) describes as intended to accommodate a wide range of retail sales; business,
personal, and professional services; recreation; entertainment; transient lodging; and
limited residential uses to meet the needs of the community, region, and traveling public.
Per Table 2-1 (Uses Allowed by Zone), the establishment of a parking facility requires
approval of a Conditional Use Permit in the C-R zone. The City is proposing to establish
a parking facility for paid public parking and facilitate improved access to existing and
proposed uses within the vicinity.
To implement the project, there would be minor improvements to the existing property
(e.g., installation of parking signage, striping, wheel stops, and pay stations; landscape
improvements; and demolition of an uninhabitable structure). As summarized in Table 1
(Project Compliance with Zoning Regulations) below, applicable development standards
of Table 2-17 (C-R Zone Development Standards) and Table 3-4 (Parking Requirements
by Use) would remain unchanged or meet minimum or maximum requirements because
the project is limited to the use of, and minor improvements to, an existing parking lot and
no new construction is proposed.
Table 1 – Project Compliance with Zoning Regulations
Development Standard Requirement Existing / Proposed
Maximum Residential Density 36 units per acre N/A – no residential proposed
Minimum Front Setback None 0 feet
Minimum Side / Rear
Setbacks None 0 feet
Minimum Streetside Setback None 0 feet
Maximum Building Height 45 feet
Existing one-story structure to
remain is less than 45 feet in
height
Maximum Lot Coverage 100% Existing structure to remain
covers less than 100% of the lot
Maximum Floor Area Ratio
(FAR) 3.0
Existing one-story structure to
remain results in less than 3.0
FAR
Page 21 of 27
Item 4b
USE-0559-2023 (1166 Higuera Street)
Planning Commission Report – December 13, 2023
Minimum Lot Area 9,000 SF N/A – no new lots proposed
Edge Conditions N/A – no new construction proposed
Minimum Number of Parking
Spaces None 46 spaces
No deviations from development standards are requested as allowed by Section
17.86.200 (Parking as a Primary Use).
4.0 ENVIRONMENTAL REVIEW
The project is exempt under Section 15301 (Existing Facilities) of the CEQA Guidelines
because it includes the operation, repair, maintenance, permitting, leasing, licensing, and
minor alteration of an existing developed property. The project includes the use of an
existing parking lot with minor repairs and alterations and does not include construction
of additional building square footage. Minor improvements would be limited to (a) parking
lot improvements (e.g., installation of parking signage, striping, wheel stops, pay stations,
etc.), (b) landscape improvements (e.g., reconstruction of planter areas, etc.), and (c)
demolition of an existing uninhabitable structure. Therefore, the project involves negligible
expansion to the former use.
5.0 OTHER DEPARTMENT / DIVISION REVIEW
As part of the due diligence process for the purchase of the property, the project has been
reviewed by Community Development, Mobility Services, Economic Development,
Finance, and Capital Improvement Program. If the Conditional Use Permit is approved,
minor site improvements to implement the project will be reviewed for compliance with
relevant code requirements and engineering standards as part of the building and/or
grading permit review.
6.0 ALTERNATIVES
1. Continue project. An action to continue the item should include a detailed list of
additional information or analysis required to make a decision.
2. Deny the project. An action denying the project should include findings that cite the
basis for denial and should referen ce inconsistency with the General Plan, Zoning
Regulations, or other policy documents.
7.0 ATTACHMENTS
A. Draft Resolution approving the project, based on the findings and subject to the
conditions of approval
B. Existing Site Layout
Page 22 of 27
RESOLUTION NO. PC-XXXX-23
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO PLANNING
COMMISSION APPROVING A CONDITIONAL USE PERMIT TO
ESTABLISH A CITY PARKING FACILITY (I.E., SURFACE PARKING
LOT) AT 1166 HIGUERA STREET. THE PROJECT IS EXEMPT FROM
ENVIRONMENTAL REVIEW UNDER SECTION 15301 (EXISTING
FACILITIES) OF THE CEQA GUIDELINES AS REPRESENTED IN THE
STAFF REPORT AND ATTACHMENTS DATED DECEMBER 13, 2023
(1166 HIGUERA STREET, USE-0559-2023)
WHEREAS, the City Council of the City of San Luis Obispo conducted a public
hearing in the Council Chamber of City Hall, 990 Palm Street, on November 14, 2023,
approving the purchase and authorizing execution of the purchase and sale agreement
for the property located at 1166 Higuera Street for a City parking facility; City of San Luis
Obispo, applicant; and
WHEREAS, future uses of the property at 1166 Higuera Street will be determined
through public outreach and engagement with property owners and businesses in the
Upper Monterey Area to confirm the scope in pursuing an area plan; and
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a
public hearing in the Council Chamber of City Hall, 990 Palm Street, on December 13,
2023, determining General Plan conformance for acquisition of the property located at
1166 Higuera Street, pursuant to a proceeding instituted under GENP-0555-2023 as
required by California Government Code Section 65402; City of San Luis Obispo,
applicant; and
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a
public hearing in the Council Chamber of City Hall, 990 Palm Street, on December 13,
2023, for the review of a Conditional Use Permit to establish a City parking facility (i.e.,
surface parking lot) at 1166 Higuera Street, pursuant to a proceeding instituted under
USE-0559-2023; City of San Luis Obispo, applicant; and
WHEREAS, the Planning Commission of the City of San Luis Obispo has duly
considered all evidence, including 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; and
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City
of San Luis Obispo as follows:
SECTION 1. Finding. The Planning Commission hereby grants final approval for
the project (USE-0559-2023), based on the following findings:
Page 23 of 27
Resolution No. PC-XXXX-23
1166 Higuera Street, USE-0559-2023
Page 2
1. The project is consistent with the General Plan because it is an allowable use that
would facilitate paid public parking to support the operation of existing and
proposed uses in the vicinity. In addition, the project would advance Land Use
Element Policy 8.2.2 and Program 4.25 by increasing parking supply and access
to support development and economic revitalization in the Upper Monterey Area .
2. The proposed parking facility use is conditionally permitted in the Retail
Commercial zone and complies with applicable provisions of the Zoning
Regulations and Municipal Code.
3. The design, location, size, and operating characteristics of the project will be
compatible with the existing and future land uses in the vicinity because the
proposed parking facility would utilize an existing developed property with minor
improvements to prepare the property for use as public parking. Additionally, the
increased public parking supply would support the operations of existing and
proposed uses in the vicinity.
4. The site is physically suitable in terms of (a) its design, location, shape, size, and
operating characteristics of the project; (b) traffic generation and the provision of
public and emergency vehicle (e.g., fire and medical) access; (c) Public protection
services (e.g., fire protection, police protection, etc.); and (d) the provision of
utilities (e.g., potable water, schools, solid waste collection and disposal, storm
drainage, wastewater collection, treatment, and disposal, etc.). The project is
surrounded by other developed properties with compatible uses, has access to the
City’s circulation system, and would be served by City utilities. The project utilizes
an existing developed property and does not include activities that would generate
service or utility demands beyond those anticipated with uses permitted in the
vicinity.
5. The establishment and subsequent operation or conduct of the use will not,
because of the circumstances and conditions applied in the particular case, be
detrimental to the health, safety or welfare of the general public or persons residing
or working in the neighborhood of the use, or be detrimental or injurious to property
or improvements in the vicinity of the use because the project would utilize an
existing developed property for the parking facility. Minor improvements to the site
are proposed, and relevant code requirements will be reviewed for compliance at
the time of building and/or grading permit application.
SECTION 2. Environmental Review. The project is exempt under Section 15301
(Existing Facilities) of the CEQA Guidelines because it includes the operation, repair,
maintenance, permitting, leasing, licensing, and minor alteration of an existing developed
property. The project includes the use of an existing parking lot with minor repairs and
alterations and does not include construction of additional building square footage. Minor
improvements would be limited to (a) parking lot improvements (e.g., installation of
parking signage, striping, wheel stops, pay stations, etc.), (b) landscape improvements
(e.g., reconstruction of planter areas, etc.), and (c) demolition of an existing uninhabitable
structure. Therefore, the project involves negligible expansion to the former use.
Page 24 of 27
Resolution No. PC-XXXX-23
1166 Higuera Street, USE-0559-2023
Page 3
SECTION 3. Action. The Planning Commission hereby grants final approval to
the project with incorporation of the following conditions:
1. Plans submitted for the building and/or grading permit application(s) for the minor
site improvements shall be in substantial conformance with the project description
represented in the Planning Commission Staff Report dated December 13, 2023.
2. The Conditional Use Permit shall be reviewed by the Community Development
Director for compliance with conditions of approval, or to determine whether a
modification to the Conditional Use Permit is necessary upon significant change
to the project description represented in the Planning Commission Staff Report
dated December 13, 2023 or in the event of a change in ownership which may
result in deviation from the project description.
On motion by Commissioner ___________, seconded by Commissioner
_____________, and on the following roll call vote:
AYES:
NOES:
REFRAIN:
ABSENT:
The foregoing resolution was passed and adopted this 13th day of December 2023.
_____________________________
Tyler Corey, Secretary
Planning Commission
Page 25 of 27
Page 26 of 27
N0.5 MI1166 HIGUERA PARKING LAYOUTHIGUERA
STREETTORO STREETPROPERTY LINE12345678910111245444342414039383736353433323130291716191846151413212223242526272820TANDEMATTACHMENT BExisting uninhabitable building to be demolishedPage 27 of 27
City Parking Facility
USE-0559-2023 (1166 Higuera Street)
Planning Commission Hearing
December 13, 2023
Applicant: City of San Luis Obispo
Recommendation
2
•Adopt the Draft Resolution (Attachment A) approving the
Conditional Use Permit, USE-0559-2023, subject to the
findings and conditions of approval.
Project Site
3
1166 Higuera Street
Located in the Retail Commercial (CR) Zone
Developed property with two (2) existing buildings and site improvements
Surrounded by restaurants, offices, business services, residences, and vehicle sales
Previous City Council Action
November 14, 2023 – City Council reviewed the completed
negotiations and approved the purchase of the project site
Escrow scheduled to close at end of December 2023
December 13, 2023 – Planning Commission to review:
Determination of General Plan conformance for
acquisition of the project site; and
Conditional Use Permit for establishment of a City
surface parking lot to allow public parking
Planning Commission actions required to close escrow and
are contingencies of the purchase and sale agreement for
the project site
4
Project Description
Establish a City surface parking lot for paid public parking
44 standard spaces, 2 ADA spaces
Minor site improvements
Parking lot improvements (e.g., installation of parking
signage, striping, wheel stops, and pay stations);
Landscape improvements (e.g., reconstruction of planter
areas); and
Demolition of an existing uninhabitable structure (formerly
used as a tattoo shop)
5
Project Site
6
Existing Site Layout
7
Policy Analysis
General Retail Land Use Designation and Commercial Retail Zone
Purpose is to accommodate a wide range of goods and services to meet the needs of the community, region, and traveling public
Upper Monterey Special Focus Area
Emphasis on revitalization and enhancement as detailed in LUE Policy 8.2.2
Downtown Concept Plan
Located in Block 23, where parking is envisioned to support development and redevelopment of structures, at least two stories high, in the vicinity
Proposed Project
Parking facility for paid public parking would improve access and facilitate development within the vicinity
Complies with development standards as it is limited to minor improvements to prepare the site for paid public parking use
Future uses to be determined as part of future public outreach and engagement to confirm the scope in pursuing an area plan
8
Environmental Determination
Categorical Exemption – Section 15301 (Existing
Facilities)
Includes use of an existing parking lot with minor
repairs and alterations
Minor improvements limited to (a) parking lot
improvements, (b) landscape improvements, and (c)
demolition of an existing uninhabitable structure
Involves negligible expansion to the former use
9
Recommendation
10
•Adopt the Draft Resolution (Attachment A) approving the
Conditional Use Permit, USE-0559-2023, subject to the
findings and conditions of approval.
11
12