HomeMy WebLinkAboutARCH-0011-2024 (424 Higuera) - Follow-up LetterCity of San Luis Obispo, Community Development, 919 Palm Street, San Luis Obispo, CA, 93401-3218, 805.781.7170, slocity.org
August 7, 2024
Chris and Greg Collins
1002 W. Main Street
Visalia, CA 93291
SUBJECT: ARCH-0011-2024 (424 Higuera Street) – Review of a two-story mixed-use
development consisting of two (2) two-bedroom units; approximately 720
square feet of commercial space; a sign program; removal of and
compensatory plantings for seven (7) trees; and associated site improvements
such as access, fencing, and landscaping. The project is categorically exempt
from environmental review under Section 15332 (In-Fill Development
Projects) of the California Environmental Quality Act (CEQA).
Dear Chris and Greg Collins:
On August 7, 2024, I reviewed your application to construct a new two-story mixed-use
development that includes two (2) two-bedroom units; approximately 720 square feet of
commercial space; a sign program; removal of and compensatory plantings for seven (7) trees; and
associated site improvements on a vacant, undeveloped lot located at 424 Higuera Street. After
careful consideration, I have approved the project, based on the required findings and subject to
the following conditions of approval:
Findings
Development Review
1.The project is consistent with the Land Use Element of the General Plan, particularly
Community Goal No. 34 and Policies No. 2.2.6 and No. 2.2.7, because it includes the infill
development of a compact, mixed-use project near existing commercial jobs on Higuera Street,
recreational facilities (Emerson Park), and other daily needs (i.e., retail, restaurants, personal
services, gas station, etc.) within the vicinity.
2.As conditioned, the project complies with applicable development standards, set forth in the
Zoning Regulations, for the Retail Commercial (C-R) Zone. The project is an allowed use in
the C-R Zone and would be compatible with established commercial uses in the vicinity by
providing additional housing and commercial opportunities.
3.As conditioned, the project provides adequate consideration of, and measures to, address any
potential adverse effects on surrounding properties such as traffic, vehicular and pedestrian
safety, visual, and scale, because it (a) would not exceed the trip threshold (i.e., less than 110
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daily vehicle trips) anticipated for Small Development Projects per the Office of Planning
and Research (OPR) CEQA Guidelines; (b) has been designed to not hinder visibility of
vehicles exiting the site driveway; (c) utilizes a Spanish design that is compatible with the
existing neighborhood; and (d) incorporates consistent articulation, material, and color changes
with pedestrian-scale elements such as windows, doors, and balconies throughout the building
elevations.
4. As conditioned, the project would not be detrimental to the health, safety, and welfare of persons
living or working at the site or in the vicinity because it (a) conforms to development standards;
(b) complies with exterior and interior noise limits set forth in Chapter 9.12 (Noise Control);
and (c) would be constructed in accordance with applicable Building Code and Fire Code
requirements.
Tree Removals and Compensatory Plantings
5. As conditioned, the proposed tree removals and compensatory plantings are consistent with
Chapter 12.24 (Tree Regulations) of the Municipal Code. Seven (7) trees would be removed
and replaced at a minimum 1:1 ratio near the street frontage to provide high visibility and
along the top of bank to improve the creek corridor.
Sign Program
6. As conditioned, the sign program is consistent with the intent and purpose of Chapter 15.40
(Sign Regulations) and includes signs that comply with Section 15.40.480 (Design
Principles) to provide sufficient visibility and identification without resulting in clutter or
utilizing excessively sized signage.
Environmental Determination
7. The project is categorically exempt from environmental review under Section 15332 (In-Fill
Development Projects) of the California Environmental Quality Act (CEQA) because it is
consistent with applicable General Plan policies and Zoning Regulations; is located on a site
that is less than five (5) acres in size (0.2 acre); is surrounded by other urban uses (existing
retail, restaurants, personal services, gas station, etc.); and is not a habitat for endangered, rare,
or threatened species since it has been disturbed and utilized for outdoor vehicle storage use.
Approval of the project will not result in significant effects related to (a) traffic because the
project would not exceed the trip threshold (i.e., less than 110 daily vehicle trips) anticipated
for Small Development Projects per the OPR CEQA Guidelines; (b) noise because the
project would comply with exterior and interior noise limits outlined in Chapter 9.12 (Noise
Control); (c) air quality because construction-related emissions are temporary; and (d) water
quality because the project would improve the creek by providing additional tree plantings
along the top of bank, implementing drainage and stormwater improvements, and removing
any trash, debris, and/or miscellaneous materials within the creek setback.
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Conditions of Approval
Planning Division – Community Development Department
1. Plans submitted for the building permit application shall be in substantial compliance with
plans submitted and approved as part of the Development Review application. A separate,
full-sized sheet shall be included in the working drawings submitted for a building permit that
lists all conditions of approval and applicable code requirements as Sheet No. 2. Reference
shall be made in the margin of these listed items as to where the requirements are addressed
in the plans. Any requested change to the approved design, colors, materials, landscaping, or
other conditions of approval must be approved by the Community Development Director and
may be subject to review by the Architectural Review Commission, as deemed appropriate.
2. Plans submitted for the building permit application shall call out the colors and materials of
all building surfaces and other improvements. Colors and materials shall be consistent with
colors and materials indicated on the plans submitted and approved as part of the Development
Review application.
3. Plans submitted for the building permit application shall include recessed window details or
equivalent shadow variation, and all other details, including but not limited to, awnings,
cornices, 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 satisfaction of the
Community Development Director.
4. Plans submitted for the building permit application shall include the locations of all lighting
such as bollard style landscaping or path lighting. All exterior wall-mounted lighting fixtures
shall be clearly labeled on building elevations and complement the building architecture. The
lighting schedule for the building shall include visual representations of the proposed lighting
fixtures and cut sheets in the submitted plans. Selected fixture(s) shall be shielded to ensure
that light is directed downwards to minimize spillover consistent with standards outlined in
Section 17.70.100 (Lighting and Night Sky Preservation).
5. Mechanical and electrical equipment shall be located internally to the building to the greatest
extent possible. Plans submitted for the building permit application shall include sectional
views of the building, which clearly show the sizes of any proposed condensers and other
mechanical equipment. If any condenser, 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 the
proposed screening will be adequate. This requirement applies to the initial construction of
the building and any subsequent improvements.
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6. Plans submitted for the building permit application shall include landscape and irrigation
plans. 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. Details on the proposed surfaces and finishes of hardscapes
shall also be included in the landscaping plan.
7. Plans submitted for the building permit application shall include elevations and detail
drawings of all proposed fences and/or walls. Any proposed fences, walls, and hedges shall
comply with standards outlined in Section 17.70.070 (Fences, Walls, and Hedges).
8. Plans submitted for the sign permit application shall be in substantial conformance with the
approved sign program. In addition to the one (1) projecting sign, non-illuminated window
signs, consistent with sign standards in Municipal Code Chapter 15.40 (Sign Regulations),
may be permitted for the commercial tenant. Any modifications to the sign program, or
requests for additional signage, may require review by the Architectural Review Commission
or Community Development Director, as deemed appropriate.
9. The location of any required backflow preventer and double-check assembly shall be shown
on all site plans submitted for the building permit application, including the landscaping plan.
The 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 backflow preventer and double-check assembly shall be located in the street yard
and screened using a combination of paint color, landscaping, and/or a low wall, as deemed
appropriate by the Community Development Director. The size and configuration of such
equipment shall be subject to review and approval by the Utilities Director and Community
Development Director.
10. Plans submitted for the building permit application shall include a vapor barrier membrane
below the slab-on-grade foundation of the building as noted in plans submitted and approved
as part of the Development Review application. To address the potential for soil vapor
intrusion, the plans shall include information on the design of a vapor barrier membrane that
is consistent with recommendations in the Environmental Site Assessment by Krazan &
Associates, Inc., subject to the satisfaction of the Community Development Director.
11. Prior to building permit issuance, the applicant shall submit a separate Director’s Action
application to provide onsite public art for review and approval, or pay the required public art
in-lieu fee, to satisfy requirements detailed in Municipal Code Chapter 17.70.140 (Public Art
Requirements for Private Development).
12. Prior to final inspection, the applicant shall remove all trash, debris, construction materials,
and any other miscellaneous materials within the drainage and flood control easement area of
this parcel, subject to the satisfaction of the Community Development Director and
Sustainability and Natural Resources Official.
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City Arborist – Community Development Department
13. Tree removals shall be limited to the seven (7) onsite trees shown on the plans and described
in the Arborist Report of the accompanying Tree Removal application. Removed trees shall
be replaced onsite at a minimum 1:1 compensatory ratio, subject to the satisfaction of the
City Arborist.
14. Plans submitted for the building permit shall include landscape and irrigation plans. The
number, size, species, and placement of all trees shall be consistent with plans submitted and
approved as part of the Development Review application, except for the following revisions
to increase the urban canopy and provide trees in a highly visible area:
a. The proposed Lagerstroemia ‘Natchez’ (Natchez Crepe Myrtle), located in the
landscaping area near Higuera Street, shall be substituted with a different larger
species of higher mature height, subject to the satisfaction of the City Arborist,
Engineering Division, and Transportation Division.
b. Unless demonstrated by the applicant to be infeasible, an additional tree that is
appropriate for small parkway spaces shall be planted in the landscaping area
adjacent to Higuera Street, subject to the satisfaction of the City Arborist,
Engineering Division, and Transportation Division.
15. Landscape and irrigation plans submitted as part of the building permit application shall
indicate that compensatory trees are planted and irrigated in accordance with the City’s
Engineering Standards. Prior to final inspection, all required compensatory trees must be
planted and irrigated.
16. Landscape and irrigation plans submitted as part of the building permit application shall
clearly note existing and proposed trees. In addition, the plans shall show any neighboring
trees with canopies and/or root zones within the area of construction and/or site disturbance.
Tree preservation measures and notes shall be shown on all plan sheets that include a work
zone in proximity to the trees, canopy, and/or root zone for review and approval by the City
Arborist. During site construction, any safety pruning, cutting of substantial roots, and/or
grading within the dripline of trees shall be completed by the certified Project Arborist.
17. Street trees are required at a rate of one (1) 15-gallon street tree for each 35 linear feet of
frontage. Plans submitted for the building permit shall show all existing and proposed street
trees. Tree species and planting requirements shall be in accordance with City Engineering
Standards.
18. Prior to commencing any demolition, grading, construction, and/or other site disturbance
activities, tree preservation measures shall be implemented in accordance with the certified
Arborist Report submitted by the applicant, subject to the satisfaction of the City Arborist.
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19. California Fish and Game Code Section 3503.5 and the Migratory Bird Treaty Act of 1972
prevents the removal of trees with active nests. To account for most nesting birds, removal
of trees should be scheduled to occur in the fall and winter (between September 1st and
January 31st) and after the young have fledged. If removing trees during the nesting season
(February 1st to August 31st), a qualified biologist shall inspect any trees marked for removal
that contain nests to determine if the nests are active. If there are active nests, trees shall not
be removed and may only be removed once a qualified biologist provides a confirmation
memo that breeding / nesting is completed, and young have fledged the nest prior to removal
of the tree to the satisfaction of the Community Development Director and City Biologist.
Engineering Division – Community Development / Public Works Departments
20. Improvements located within the public right-of-way shall require a separate encroachment
permit and associated fees based on the fee schedule in effect at the time of permit issuance.
A separate public improvement plan is not required, and plans submitted for the building
permit may be used to show all existing and proposed work within the public right-of-way.
21. New curb, gutter, sidewalk, driveway approach, and street pave-out are required as part of
the development and must be constructed in accordance with City Engineering Standards
and Standard Specifications. The project site is located within the Mission Style Sidewalk
District of downtown. Therefore, any new or replacement driveway approach, curb ramp,
curb, gutter, sidewalk, and utility vaults shall be installed in the Mission Style per City
Standard 4220.
22. The new curb, gutter, and sidewalk shall conform to the adjoining complete frontage
improvements to the satisfaction of the Public Works Department. The public sidewalk shall
be replaced to the northerly limits of the parcel and control joint at the existing driveway
approach serving the neighboring property located at 426 Higuera. The existing match line
may need to be grounded or filled to provide a smooth transition between the existing and
new frontage improvements.
23. The existing PG&E, signal box, and/or other existing utility lids shall be painted to match
the Mission Sidewalk District color, if not otherwise replaced with aesthetically conforming
boxes and lids.
24. Plans submitted for the building permit shall show all existing and proposed street and
frontage improvements, including the existing bike and vehicle lane striping, for reference.
Any damaged or displaced striping shall be replaced per City Engineering Standards and
City Specification related to current bikeway and striping improvements.
25. Grade and line shall be established by the developer for the new curb, gutter, and sidewalk
to the satisfaction of the Public Works Director. The developer is responsible for any required
engineering and/or surveying.
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26. Plans submitted for the building permit shall show and reference the existing property corner
monuments. The monuments shall be retained, or replaced if disturbed, in accordance with
the City Engineering Standards and California statutes.
27. Prior to any lot clearing, grubbing, grading, and/or construction, a pre-construction meeting
is required. The pre-construction meeting shall include, but is not limited to, the assigned
Building Inspector, Public Works Inspector, Stormwater Control Inspector, City Arborist,
and City Biologist.
28. The project is subject to the Post Construction Stormwater Regulations (PCRs) as
promulgated by the Central Coast Water Board. The building permit submittal shall include
a PCR checklist in a format provided by the City. The drainage report or separate stormwater
control plan shall include the required analysis, summary, Drainage Management Areas
(DMAs), Stormwater Control Measures (SCMs), and a standard maintenance checklist or
matrix. The plans shall include all details and detail references for the SCM’s in accordance
with the report. A separate maintenance agreement, in a format provided by the City, shall
be recorded prior to building permit issuance.
29. The project is subject to the pertinent provisions of the City’s Drainage Design Manual
(DDM). The drainage report for the project shall include a response to the bullet items in
Section 2.3.1 of the DDM.
30. The project is subject to the Floodplain Management Regulations per Municipal Code
Chapter 17.78 (Floodplain Management Regulations). The structure shall be constructed
with flood-resistant materials and flood barrier protection of openings to a height of at least
one (1) foot above the Base Flood Elevation (BFE). Additional freeboard is recommended
as it may provide additional building protection, insurance benefits, and improved resiliency
to watershed and climatic changes.
31. Plans submitted for the building permit application shall show and label the property lines,
easements, top of bank, and creek setback. Limits of work within the creek setback for the
stormwater improvements, tree plantings, etc. shall be clearly noted on the plans and
specifically approved by the City.
32. Building service equipment and utilities shall be elevated or protected in accordance with the
Flood Regulations and the pertinent FEMA Technical Bulletins.
Transportation Division – Public Works Department
33. Prior to building permit issuance, the applicant shall pay applicable Citywide Transportation
Impact Fees. Fees are based on the fee schedule in effect at the time of permit issuance.
34. Plans submitted for the building permit (and/or public improvement plans, if submitted
separately) shall retain vertical features such as buildings, fencing, trees, etc. clear of the
applicable driveway sight distance triangles pursuant to City Engineering Standards.
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35. Plans submitted for the building permit (and/or public improvements plans, if submitted
separately) shall include replacement of any pavement markings are damaged due to frontage
improvements for the project, including reinstallation of green bikeway markings, if affected.
Utilities Department
36. Upon submittal of a building permit, the construction plans for sewer and water services shall
be in accordance with the engineering design standards in effect at the time the building
permit is issued. The building permit submittal shall identify the size of existing and
proposed water services, water meters, sewer lateral, and sewer services for the project, and
shall include a licensed engineer’s design narrative and supportive engineering calculations.
The project’s commercial and residential units shall be metered separately. The water lines
shall connect to the eight-inch C900 main in Higuera. The sewer lateral serving the property
shall be made with high-density polyethylene (HDPE) material and shall be installed per the
City’s engineering design standards. The sewer lateral shall connect to the six-inch sewer
main in Higuera. The utility plan shall be reviewed and approved to the satisfaction of the
Utilities Director.
37. If proposed or future 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 commercial facilities shall also provide an area t o
wash floor mats, equipment, and trash cans. The wash area shall be inside, drained to the
sanitary sewer, and an Industrial Wastewater Discharge Survey and Permit Application shall
be submitted and permit obtained prior to issuance of occupancy permit.
38. The building permit submittal shall include a final landscape design plan and irrigation plan
that includes all the criteria required in the City Engineering Standards Uniform Design
Criteria for Landscaping and Irrigation. If the landscape area is greater than 500 square feet,
the applicant shall provide a completed Maximum Applied Water Allowance (MAWA) form
based on the final landscape design plan and a hydrozone table with a summary of Estimated
Total Water Use (ETWU) and the corresponding irrigation window.
39. The building permit submittal shall include a letter of service from San Luis Garbage
Company pasted on the plans. The project shall comply with the City’s Development
Standards for Solid Waste Services. Commercial and residential solid waste services shall
be separate unless a letter of agreement between the tenants and a Conditional Exception
Application from the City’s Development Standards for Solid Waste Services are provided
to the City with the building permit submittal and approved to the satisfaction of the Utilities
Director.
Applicable Application or Code Requirements and Informational Notes
The following code requirements are included for informational purposes only and intended to
provide the applicant with a general understanding of other City requirements that will apply to
the project. This is not an exhaustive list as other requirements may be identified during the plan
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check process. The project will be subject to all codes and requirements in effect at the time of
building, encroachment, and other permit applications.
Planning Division – Community Development Department
40. Plans submitted for the building permit shall clearly indicate the location of all required
electric vehicle (EV) ready- and EV capable-parking spaces per Municipal Code Section
17.72.040 (Parking for Electric Vehicles). Plans shall include sufficient detail regarding the
placement and design of EV equipment and raceway for future supply to the satisfaction of
the Building Official and Community Development Director.
41. Plans submitted for a construction permit shall clearly indicate the location of required short-
and long-term bicycle parking for all intended uses per Municipal Code Section 17.72.070
(Bicycle Parking Standards). Plans shall show all areas designated for long-term bicycle
parking such as interior spaces and/or storage rooms. Short-term bicycle parking shall be
consistent with the Active Transportation Plan Design Guidelines and feature “hi-low style”
campus racks, such as “Peak Racks” or a City-approved equivalent, and shall be installed in
proximity to, and visible from, the main building entrance. Inverted “U” rack designs are not
permitted. To demonstrate compliance with relevant Engineering Standards and Community
Design Guidelines, sufficient detail shall be provided regarding the placement and design of
bike racks and interior spaces to the satisfaction of the Public Works Director and Community
Development Director.
Housing Policy and Programs – Community Development Department
42. Prior to building permit issuance, the applicant shall pay the required commercial linkage fee
per Municipal Code Chapter 4.60 (Commercial Linkage Fees).
43. Prior to building permit issuance, the applicant shall pay the required inclusionary housing in-
lieu fee per Municipal Code Chapter 17.138 (Inclusionary Housing Requirements).
Fire Department
44. Any proposed or future electric vehicle (EV) charging spaces located under the residential
units shall require the fire sprinkler system to be designed to Extra Hazard Group 2 for the
carport area.
Utilities Department
45. Potable city water shall not be used for major construction activities, such as grading and dust
control, as required under Municipal Code Section 13.07.070(C) (Prohibited Water Uses).
Recycled water is available through the City’s Construction Water Permit program.
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Indemnification
46. 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.
My action is final unless appealed within ten (10) calendar days of the date of this letter. Anyone
may appeal the action by submitting a letter to the Community Development Department within
the time specified. The appropriate appeal fee must accompany the appeal documentation. Appeals
will be scheduled for the first available Planning Commission meeting date. If an appeal is filed,
you will be notified by mail of the date and time of the hearing.
The Community Development Director’s approval expires after one year if building permits are
not issued for site development and the permit shall expire with the building permit application,
unless otherwise extended by Council Resolution. On request, the Community Development
Director may grant renewals for successive periods, in accordance with Section 17.104.070
(Expiration) of the Zoning Regulations, or as otherwise determined to be consistent with State
Law.
Included with this letter is an invoice for the Completion Fee for your application, which is now
due. Completion Fees are to be paid within six (6) months of the final action taken on planning
services provided or this entitlement shall be null and void. Payment of this fee may be made in
person or by mail.
Payment Online: Please visit the link: https://infoslo.slocity.org/EnerGov_Prod/selfservice#/home
to pay the invoice online.
Payment by Mail: By mail payments must be in the form of a check and sent to:
CDD Planning Fees
City of San Luis Obispo
919 Palm Street
San Luis Obispo, CA 93401
Checks to be made out to: City of San Luis Obispo
Please include on the check the application number and address (see subject line, above).
Payment by Phone: Call our main line 805-781-7170, please press option #6 to speak with a staff
member to process credit card payment.
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If you have any questions, or if you need additional information, please contact Hannah Hanh,
Associate Planner at (805) 781-7432 or hhanh@slocity.org.
Sincerely,
Tyler Corey
Deputy Director
Community Development
Cc: Bob Tomaszewski
RRM Design
3765 South Higuera, Suite 102
San Luis Obispo, CA 93401