HomeMy WebLinkAboutItem 6i. Cultural Arts District Parking Structure Tree Removal Request Item 6i
Department: Public Works
Cost Center: 9501
For Agenda of: 4/15/2025
Placement: Consent
Estimated Time: N/A
FROM: Matt Horn, Public Works Director
Prepared By: Madeline Kacsinta, CIP Administrative Manager
SUBJECT: CULTURAL ARTS DISTRICT PARKING STRUCTURE TREE REMOVAL
REQUEST
RECOMMENDATION
Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis
Obispo, California, authorize the removal of an Afrocarpus Tree (Tree #01) and authorize
the City Arborist to develop a Tree Replanting Plan that offset the impacts to the City’s
Urban Forest” in accordance with the Cultural Arts District Parking Structure Tree
Protection Plan.
POLICY CONTEXT
In accordance with San Luis Obispo Municipal Code Section (SLOMC) 12.24.090(F)(5),
during property development or construction, any tree proposed for removal that was not
previously identified and approved for removal by the authorized approving authority must
receive approval from the same authority prior to its removal. If the City must remove a
tree as part of a capital improvement project, the City shall replace the tree as soon as
feasible during the project at a ratio determined by the public works director. (SLOMC
12.24.090(H).
On September 19, 2023, the San Luis Obispo City Council approved the final plans and
specifications for the Cultural Arts District Parking Structure (CADPS) project and
awarded a construction contract to Swinerton Builders. A tree protection plan was
included in these plans and specifications, indicating the tree #01, an Afrocarpus tree at
the corner of Nipomo and Monterey, was to remain during construction.
REPORT-IN-BRIEF
The CADPS has been under construction since May 2023. Throughout the project, two
separate contractors have worked under consistent requirements to protect the existing
Afrocarpus tree at the corner of Nipomo and Monterey Streets, along with other nearby
trees. Protective fencing has been in place since the beginning of the project to safeguard
the tree’s critical root zone, and an independent arborist has been retained to monitor all
demolition and earthwork in the vicinity of protected trees to ensure proper handling.
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Item 6i
Despite these efforts, recent work to remove a small retaining wall and install a new
sidewalk and storm drain system has revealed the tree’s root system to be far shallower
than anticipated. Approximately 40 linear feet of roots have been exposed along Nipomo
Street, including structural roots (roots that keep the tree upright) up to 11 inches in
diameter. Additional shallow roots, some up to 6 inches in diameter, have been uncovered
within the base section of the roadway during roadway paving operations (milling). These
roots are required to be cut in order to proceed with public infrastructure improvements.
Given the extent of root exposure and conflict with essential public infrastructure, as well
as future construction plans for the SLO Repertory Theater adjacent to this location, staff
recommends the removal of the Afrocarpus tree in accordance with the criteria set forth
in SLOMC 12.24.090(G).
DISCUSSION
Background
Since 2003, the City of San Luis Obispo has been planning to construct a fourth parking
structure to meet the current and future parking needs of the downtown area and broader
community. The project is located on Parking Lot 14, situated at the corner of P alm,
Nipomo, and Monterey Streets. The CADPS is a 163,000-square-foot, five-story facility
that will provide 397 parking spaces, including 41 equipped with electric vehicle charging
stations, and 32 bike racks. These features support the City’s goals of im proving
downtown accessibility, promoting alternative transportation, and preparing for future
mobility needs.
In addition to the parking structure, the larger site is planned to include the future SLO
Repertory Theater. The CADPS and SLO Repertory Theater projects were jointly
conditioned at the Planning Commission on October 23, 2019, and subsequently
approved by City Council on November 12, 2019. As part of their approval, a condition
was placed requiring both projects to include a Tree Preservation Plan . The Afrocarpus
tree located at the corner of Nipomo and Monterey Streets was listed on the Tree
Preservation Plan as a tree to remain and be protected throughout construction for both
projects.
The Afrocarpus, is generally recognized for its non-invasive root system, making it a
popular choice in urban landscapes. It is often planted near sidewalks and structures
because its roots are not typically known to cause damage. Based on this understanding
and the tree’s overall health and location, it was deemed suitable for preservation during
the planning stages in 2019. Protective measures were implemented to minimize
disturbance during construction.
Root development in trees can be significantly influenced by environmental factors such
as soil composition, compaction, water availability, and space constraints. In some cases,
trees may develop atypical root systems, such as shallow or surface roots, particularly in
compacted or nutrient-poor soils. These adaptations are not always visible or predictable
at the time of project planning.
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The CADPS project has been implemented in three phases: Phase 1A, Phase 1B, and
Phase 2. Phase 1A involved utility relocations and did not involve any work in the vicinity
of the trees. Phase 1B included demolition of the existing parking lot and buildings, as
well as soil mitigation of the site. During this phase, work occurred close to the designated
tree protection zone. Careful attention was paid to avoid the use of heavy machinery near
the Afrocarpus tree. Hand-digging was employed when necessary, such as during utility
removals, and any roots encountered were treated with care and in accordance with the
City's Standard Specifications. The City’s Arborist was closely involved throughout this
phase to monitor and guide tree protection efforts.
Phase 2, the current phase of construction, has seen limited activity near the Afrocarpus
tree until recently. Tree protection fencing has remained in place throughout the project,
and the team intentionally avoided unnecessary work in the immediate area. However,
as construction progressed and adjacent sidewalk and storm drain improvements
reached the critical path, further excavation revealed that the tree’s root system was far
shallower and more widespread than anticipated. Despite earli er efforts to preserve the
tree, it became clear that continuing construction would result in significant root
disturbance, jeopardizing the health and structural stability of the tree.
Tree Root Exposure During Sidewalk and Utility Work
As part of the current Phase 2 construction for the Cultural Arts District Parking Structure
(CADPS), the contractor began work on installing a new sidewalk and storm drain system
at the corner of Nipomo and Monterey Streets. This work, included in the approved
construction plans, required the removal of a small retaining wall adjacent to the
Afrocarpus tree, which had remained protected throughout earlier phases of the project.
During the wall removal, it was discovered that the tree’s root system was far more
widespread and shallower than previously anticipated. Approximately 40 linear feet of
roots were uncovered along Nipomo Street, including structural roots as large as 11
inches in diameter. Additional roots up to 6 inches in diameter were found during roadway
milling, located directly within the area slated for new pavement installation. These roots
are in direct conflict with the planned sidewalk, roadway, and storm drain improvements,
and would need to be cut in order to move forward with construction. The photo below
shows the Afrocarpus tree (Tree #01) following the demolition of the retaining wall and
sidewalk.
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Item 6i
Image 1: Afrocarpus Tree After Demo Image 2: Structural Roots
Impacts of Public Infrastructure on the Afrocarpus Tree
In early April 2025, the project team requested an assessment from the City’s Arborist,
following the demolition of the adjacent sidewalk and retaining wall , which exposed the
trees shallow root structure. The Arborist determined that the tree is unlikely to survive
due to the extent of root exposure, which will likely lead to chronic water stress. When
structural roots are compromised, a tree’s ability to absorb water and maintain stability is
significantly reduced, making it more susceptible to stress, disease, and failure.
Afrocarpus trees, in particular, are not well-adapted to survive such root disruption, and
the loss of these essential roots greatly diminishes the likelihood of recovery.
The tree’s conditions is expected to worsen if the tree remains in place, as construction
will require cutting or removing key portions of the root system , detailed below. This
updated analysis reflects current site conditions and does not represent a shift in the
City’s commitment to tree preservation, but rather a necessary response to protect public
safety and infrastructure.
Root Cutting in Sidewalk/Roadway Area
To construct the sidewalk and roadway improvements along Nipomo and Monterey
Streets, significant root removal will be required. Several surface-level roots currently
visible are approximately 6 inches in diameter, and additional large roots may exist below
grade in areas that have not yet been excavated. These roots may play a critical role in
supporting the tree structurally and maintaining the health of its canopy. Cutting them
could lead to immediate tree failure or increase the risk of failure during future rain, wind,
or drought events. The image below shows a portion of the roots uncovered in the
sidewalk and roadway section that would need to be removed.
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Item 6i
Image 3: Shallow Roots in Roadway
Storm Drain
Due to the size, location, and number of different utilities in this area, the project’s planned
storm drain system will significantly impact the Afrocarpus Tree roots. Space in this area
is constrained due to electrical, gas, water, and sewer needs. It might be technically
feasible to redesign, reroute, remove, and reinstall all of the previously mentioned utilities,
but doing so is not practical from a timeline or cost perspective. This approach would
result in significant added expense and delays and still may not adequately protect the
root system of the Afrocarpus tree. Image 4 below shows the project's new storm drain
system positioned near the tree’s trunk and canopy. Image 5 highlights the proposed
storm drain in red, alongside existing utilities—sewer (green), water (blue), and
underground dry utilities (brown).
Image 4: Storm Drain Infrastructure Image 5: Composite Utility Plan
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Item 6i
SLO Repertory Theater Conflict
Future SLO Repertory Theater (SLORep) plans show additional conflicts with the
Afrocarpus Tree. Their site plan proposes stairs, a pathway, a concrete pad, and building
foundations all within the tree’s existing canopy. The SLORep project also includes below
ground stormwater infiltration chambers planned within the root zone , which typically
involve extensive excavation. Removal of the Afrocarpus Tree will allow SLORep to
relocate these stormwater chambers away from an existing Oak Tree that is on -site to
limit Oak Tree sensitive root system. This change would benefit the preservation of the
large oak, which is of significant community interest. SLORep plans are still under review
and have not yet received final approval.
Image 6: SLO Repertory Theater Site Plan
Oak Tree Trunk
Afrocarpus Tree
Trunk
Approx. location of
StormTech Chambers
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Item 6i
Previous Council or Advisory Body Action
On December 9, 2009 Council approved solicitation of request for proposals for the
Palm-Nipomo Parking Structures as part of Specification No. 90435. On July 19, 2010,
after a full proposal review and approval process, Watry Design, Inc. and the City
executed a design services contract pursuant to the specification.
On September 9, 2016 Council approved an amended contract with Watry Design,
Inc for the preparation of an EIR for the project and additional design services.
On July 17, 2018 the Council adopted and certified the Environmental Impact Report
(EIR) for the project.
On December 4, 2018, Council authorized the Mayor to sign an Exclusive Negotiating
Agreement (ENA) with the San Luis Obispo Repertory Theater (SLO REP) in a final
form acceptable to the City Attorney for long-term use of a portion of the Palm/Nipomo
Parking Structure site to construct and operate a new theat er, based on parameters
set forth by the City Council.
On October 23, 2019 the Planning Commission reviewed and recommended that City
Council approve the project as proposed.
On June 21, 2022, Council authorized the City Manager to advertise and award the
Cultural Arts District Parking Structure Phase 2: Parking Structure Construction and
Site Improvements upon Budget Appropriation.
On June 21, 2022, Council authorized the Public Works Director to enter into an
agreement with the selected Construction Management firm.
On August 15, 2023, Council approved the sale of lease revenue bonds, series 2023
(Cultural Arts District Parking Project) in an aggregate principal amount not to exceed
$50,000,000.
On September 19, 2023, Council approved the project plans and specifications and
awarded the construction contract to Swinerton Builders Inc. in the amount of
$41,070,044.00.
Public Engagement
During initial project development stages and the project entitlement process, the project
went through various public engagement efforts, culminating in final Council approval s in
November 2019.
Since then, staff has contracted with an on-call public relations firm, Verdin Marketing, to
develop a communications plan to keep the public informed about upcoming project
construction as well as to convey schedule and construction impacts of the project during
construction. The project continues to communicate to the community through various
platforms including the following:
Presentations to the Parking Steering Committee
Routine email updates with key stakeholders
Mailers to the Community
Posts on Social Media
Weekly updates to the City’s Website
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Item 6i
CONCURRENCE
This recommendation has been reviewed by the City’s Arborist, Principal Planner, and
Community Development Director.
The City’s Arborist and Public Works Director have recommended the tree be removed
and replaced at a ratio that will offset the impacts to the City’s Urban Forest in an alternate
location.
FISCAL IMPACT
No additional funding is required for the removal of the tree. The costs associated with
this action can be covered within the existing project budget through the allocated project
contingency.
Budgeted: Yes Budget Year: 2024-25
Funding Identified: Yes
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund -N/A - - -
State - - - -
Federal - - - -
Fees - - - -
Other: Parking
Fund
- - - -
Lease Revenue
Bond
- - - -
Total -N/A - - -
ALTERNATIVES
The City Council could deny the request to remove the tree. Should Council pursue
this option, the contractor's critical path for project construction, which currently includes
installation of the sidewalk and storm drain system, would be significantly impacted. The
existing tree conflicts with the planned location of stormwater infrastructure and retaining
the tree would require a redesign and rerouting of these utilities. This redesign would
result in a delay to the project schedule and could postpone the final completion of the
parking structure.
A delay in this phase of construction may also lead to monetary delay fees of up to $8,000
per day, in addition to the costs associated with redesigning utility alignments.
Importantly, even without a formal denial, inaction on the tree removal decision will also
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Item 6i
result in similar delays, as the contractor is currently at a standstill on this portion of work
pending resolution of the tree conflict.
It is important to note that, despite the denial of the removal request, the tree may still
need to be removed at a later date due to the exposure of its structural roots. While the
tree is not currently an immediate hazard, the extent of root exposure raises concerns
about the tree’s long-term health and its ability to sustain itself. Additionally, further cutting
of the roots will be required to facilitate the installation of the sidewalk and roadway, which
could further compromise the tree’s stability and viability.
ATTACHMENTS
A - Draft Resolution approving the Tree Removal Request
B - Cultural Arts District Parking Structure Tree Protection Plan
C - Cultural Arts District Parking Structure Conditions of Approval
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R ______
RESOLUTION NO. _____ (2025 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AUTHORIZING THE REMOVAL OF AN
AFROCARPUS TREE (TREE #01) AND AUTHORIZING THE CITY
ARBORIST TO DEVELOP A TREE REPLANTING PLAN THAT OFFSETS
THE IMPACTS TO THE CITY’S URBAN FOREST
WHEREAS, on November 12, 2019, the Cultural Arts District Parking Structure
and SLO Repertory Theater were jointly conditioned to provide a tree preservation plan
as part of the project plans; and
WHEREAS, the City Council approved final plans for Phase 2 of the Cultural Arts
District Parking Structure on August 10, 2023, which included a tree preservation plan
specifying an Afrocarpus tree, noted as tree #01, was to remain; and
WHEREAS, pursuant to San Luis Obispo Municipal Code §12.24.090(F)(5), the
City Council is the appropriate approval authority for removal of this tree; and
WHEREAS, the Cultural Arts District Parking Structure has been in construction
for nearly two years now, and careful tree protection measures have been taken
throughout the project such as hand digging and careful monitoring while working within
the critical drip zone; and
WHEREAS, during demolition of the sidewalk and wall on the corner of Nipomo
and Monterey Streets, extensive root systems were discovered to be much shallower and
more widespread than could have reasonably been known at the time of project plan
approval; and
WHEREAS, approximately 40 linear feet of roots, including structural roots as
large as 11 inches in diameter, were uncovered along Nipomo Street, which play a critical
role in supporting the tree structurally and maintaining the health of its canopy; and
WHEREAS, the City Arborist evaluated the tree following demolition activities and
determined that it is unlikely to survive due to the extent of root exposure, which will lead
to chronic water stress; and
WHEREAS, redesign, reroute, removal, and reinstallation of all utilities within the
project would be impractical and cost-prohibitive and cause significant project delays, and
doing so still may not adequately protect the root system of the Afrocarpus tree .
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
Page 873 of 987
Resolution No. _____ (2025 Series) Page 2
R ______
SECTION 1. Recitals. The recitals set forth above are herby adopted as the
findings of the City Council in authorizing the action herein.
SECTION 2: Authorization. Afrocarpus Tree (Tree #01), as identified by the
Cultural Arts District Parking Structure Phase 2 Tree Protection Plan , may be removed
in order to facilitate completion of construction of the Cultural Arts District Parking
Structure. The City Arborist shall develop a Tree Replanting Plan that offsets the impacts
to the City’s Urban Forest and is approved by the Public Works Director.
Upon motion of _______________, seconded by _____________, and on the
following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _____________________ 2025.
___________________________
Mayor Erica A. Stewart
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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PALM STREETETETET
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0 feet402060
1.ALL EXISTING TREES IDENTIFIED TO REMAIN SHALL
BE PRESERVED, PROTECTED, AND MAINTAINED.
2.PRIOR TO COMMENCEMENT OF CONSTRUCTION,
TEMPORARY TREE PROTECTION FENCING SHALL
BE PLACED AROUND THE EXISTING TREES
IDENTIFIED TO REMAIN TO DELINEATE THE TREE
PROTECTION ZONES. REFER TO PHASE 1B CIVIL
SHEETS C-2.2 AND C-2.3.
3.NO STORAGE OF HEAVY EQUIPMENT, MATERIALS,
OR CONSTRUCTION PARKING SHALL TAKE PLACE
WITHIN THE TREE PROTECTION ZONE OF ANY
EXISTING TREE IDENTIFIED TO REMAIN.
4.DEMOLITION AND / OR GRADING WITHIN THE
TREE PROTECTION ZONE DRIPLINE OF EXISTING
TREES IDENTIFIED TO REMAIN SHALL BE MINIMIZED
AND SHALL BE DONE UNDER THE DIRECTION OR
SUPERVISION OF THE CITY'S ARBORIST WITH LIGHT
(ONE TON OR LESS) RUBBER-TIRED EQUIPMENT,
OR BY HAND.
5.ALL PRUNING OF EXISTING TREES IDENTIFIED TO
REMAIN SHALL BE KEPT TO A MINIMUM AND
MUST FOLLOW CITY OF SAN LUIS OBISPO
STANDARDS.
6.ALL ROOT OR CROWN PRUNING SHALL BE
PERFORMED UNDER THE DIRECT SUPERVISION OF
THE PROJECT ARBORIST. NOTIFY THE PROJECT
ARBORIST AT LEAST 48 HOURS IN ADVANCE OF
ANY ROOT OR CROWN PRUNING ACTIVITY TO
COORDINATE A SITE VISIT. CONTACT JAKE
MINNICK (PLA 6426, ISA CERTIFIED ARBORIST
WE-11830, ISA TRAQ,) AT (805) 543-1794 OR
JRMINNICK@RRMDESIGN.COM
7.ANY TREE ROOTS ENCOUNTERED WITHIN THE TREE
PROTECTION ZONE THAT ARE OVER 1" IN
DIAMETER SHALL BE CLEANLY SEVERED WITH A
HAND OR RECIPROCATING SAW
PERPENDICULAR TO THE DIRECTION OF GROWTH
TO MINIMIZE THE SURFACE AREA OF THE WOUND.
ALL SEVERED ROOTS SHALL BE COVERED WITH
SOIL IN THE FINAL GRADING CONDITION AND
NO SEVERED ROOTS SHALL BE EXPOSED TO AIR
AND SUNLIGHT FOR MORE THAN 48 HOURS.
8.PRIOR TO COMMENCEMENT OF CONSTRUCTION,
CONTRACTOR SHALL OBTAIN TREE REMOVAL
PERMIT AS REQUIRED.
9.TREE REMOVAL SHOULD COMPLY WITH ALL
PROVISIONS OF SLOMC 12.24.090.
10.PROVIDE REPLANTING PLAN FOR REMOVED
TREES. OBTAIN NEW LOCATIONS AS REQUIRED
FROM CITY. INDICATE NEW LOCATIONS ON
CONTRACT DOCUMENTS.
11.WHERE TREES REMOVED AND NOT REPLANTED,
PROVIDE COMPENSATORY TREES. INDICATE
SPECIES AND SIZES OR NEW TREES REQUIRED
AND PROVIDE LOCATIONS FOR THEIR PLANTING.
COORDINATE LOCATIONS WITH CITY.
rrmdesign.com | (805) 543-1794
3765 S. Higuera, San Luis Obispo, CA 93401
REVISIONS
DATENO.
DATE:
DESIGN BY:
DRAWN BY:
CHECKED BY:
SCALE
SHEET NO:
watrydesign.com
San Jose, California
Irvine, California
CITY SPECIFICATION NO.
APPROVED BY:
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TREE PROTECTION AND
REMOVAL NOTES EXISTING TREES
TREE #GENUS DBH APPROX.STATUS
01 AFROCARPUS 40"REMAIN
02 JACARANDA 28"REMAIN
03 JACARANDA 14"REMOVE
04 QUERCUS 36"REMAIN
05 ACACIA 3"REMOVE
06 ACACIA 20"REMOVE
07 PHOENIX 30"REMOVE
08 QUERCUS 10"REMOVE
09 PISTACIA 4"REMOVE
10 SCHINUS 18"REMOVE
11 SEQUOIA 60"REMOVE
12 QUERCUS 10"REMOVE
13 CUPRESSUS 40"REMOVE
14 WASHINGTONIA 8"REMOVE
15 DRACAENA 22"REMOVE
16 QUERCUS 20"REMOVE
17 SEQUOIA 8"REMOVE
18*CINNAMOMUM 16"REMOVE *
19 JACARANDA 4"REMOVE
20 PRUNUS 4"REMOVE
21 JACARANDA 6"REMOVE
22*JACARANDA 16"REMOVE *
23 JACARANDA 7"REMOVE
24 JACARANDA 5"REMOVE
25*PRUNUS 10"REMOVE *
26 PHOENIX 30"REMOVE
27 SYAGRUS 8"REMOVE
28*PRUNUS 16"REMOVE *
29 PHOENIX 30"RELOCATE
30 PISTACIA 3"REMOVE
31*PRUNUS 6"REMOVE *
32*PRUNUS 6"REMOVE *
33 PISTACIA 3"REMOVE
34 PRUNUS 3"REMOVE
35LOPHOSTEMON 16"REMAIN
36 PRUNUS 3"REMOVE
37 PRUNUS 3"REMOVE
38 PRUNUS 4"REMOVE
39 PRUNUS 3"REMOVE
40 PRUNUS 3"REMOVE
41 CHITALPA 10"REMOVE
42 PRUNUS 6"REMOVE
43 PRUNUS 3"REMOVE
44 CUPRESSUS 12"REMAIN*
45 HANDROANTHUS (3)12"REMAIN*
46 CITRUS 18"REMAIN*
*TREES 44, 45, AND 46 ARE ON
NEIGHBORING PROPERTIES
&21)250('6(7,668(')25&216758&7,21
C-2 C-2
Page 875 of 987
Page 876 of 987
RESOLUTION NO. 11059 (2019 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, APPROVING THE ARCHITECTURAL DESIGN
OF A NEW PERFORMING ARTS FACILITY (SLO REP THEATRE) AND
A NEW PARKING STRUCTURE, A DEVIATION IN THE HEIGHT AND
FLOOR AREA RATIO FOR THE PARKING STRUCTURE, USE
PERMITS TO ALLOW THE SLO REP THEATRE AND A PARKING
STRUCTURE WITHIN THE DOWNTOWN COMMERCIAL ZONE, AND
ADOPT A GENERAL PLAN AMENDMENT CHANGING THE PROJECT
SITE FROM OFFICE AND MEDIUM-HIGH DENSITY RESIDENTIAL TO
GENERAL RETAIL WITH AN ADDENDUM TO THE CERTIFIED
ENVIRONMENTAL IMPACT REPORT AS REPRESENTED IN THE
CITY COUNCIL AGENDA REPORT AND ATTACHMENTS DATED
NOVEMBER 5, 2019 (609 & 633 PALM, 610, 614 & 630 MONTEREY, 970 &
972 NIPOMO STREETS; ARCH-0415-2019, USE-0416-2019, ARCH-0448-
2019, USE-0388-2017 & GENP-0389-2017)
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public
hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on
October 23, 2019, for the purpose of considering the architectural design of a new performing arts
facility and a new parking structure, a deviation in the height and Floor Area Ratio (F.A.R.) for
the parking structure, use permits to allow the SLO Rep Theatre and a parking structure within the
Downtown Commercial Zone and adopt a General Plan Amendment changing the project site from
Office and medium-high density residential to General Retail for the property located at 609 &
633 Palm, 610, 614 & 630 Monterey, 970 & 972 Nipomo Streets to facilitate the proposed project;
and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing
in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on November
5, 2019, for the purpose of approving the architectural design of a new performing arts facility and
a new parking structure, a deviation in the height and Floor Area Ratio (F.A.R.) for the parking
structure, use permits to allow the SLO Rep Theatre and a parking structure within the Downtown
Commercial Zone and adopt a General Plan Amendment changing the project site from Office and
medium-high density residential to General Retail; and
WHEREAS, the City Council finds that the proposed project is consistent with the General
Plan as amended, the purposes of the Zoning Regulations, and other applicable City ordinances;
and
WHEREAS, the Planning Commission has recommended that the "Liner Building"
component of the project be used for housing; and
WHEREAS, notice of said public hearing were made at the time and in the manner
required by law; and
R 11059
Page 877 of 987
Resolution No. 11059 (2019 Series)
WHEREAS, The City Council has duly considered all evidence, including the testimony
of the applicant, interested parties, and the evaluation and recommendations by staff, presented at
said hearing.
NOW, THEREFORE, BE IT RESOLVED by the Council ofthe City of San Luis Obispo
as follows:
SECTION 1. Findings. The City Council does hereby approve the proposed project based
on the following findings:
1. The project will not be detrimental to the health, safety, or welfare of those working or
residing in the vicinity since the proposed project is consistent with the site's Downtown
Commercial zoning designation and will be subject to conformance with all applicable
building, fire, and safety codes.
General Plan Amendment Findings:
2. The proposed General Plan Amendment is consistent with policy direction for the area
included in the General Plan, and in particular with the following General Plan policies:
LUE Policy 4.1, because the project provides off-site parking, civic, cultural, entertainment
and mixed-use opportunities for Downtown; LUE Policies 4.3, 5.2.2, 5.2.3, and 5.2.5,
which promote the development of Entertainment and Cultural Facilities in the downtown;
and LUE Policy 4.14 and Circulation Element policy 13.2.4 which support the construction
of parking structures.
3. The General Plan Amendment allows for the implementation of the proposed project by
updating the City's General Plan land use map to reflect the development anticipated by
the proposed Palm Nipomo Parking Structure Project.
4. The site is physically suited for the proposed project because the project is consistent with
the 2017 Downtown Concept Plan.
Palm Nipomo Parking Structure Architectural Design Findings:
5. The proposed new building is consistent with Historic Preservation Program Guidelines
Section 3.2.1 because the building is designed to be architecturally compatible with
Downtown Historic District structures.
6. The project design maintains consistency with the Community Design Guidelines Chapter
4 (Downtown Design Guidelines), Sections 4.2 (A-D) by providing: human scale and
proportion, architectural design that complements the character of the surrounding
neighborhood, transparency and provides architectural interest on all four sides of the
building.
7. The project design is consistent with the Community Design Guidelines Section 6.3(A-B,
D-E) because the project includes convenient pedestrian linkages to the sidewalk along
each street, pedestrian access and alternative paving materials while minimizing "vast seas
of parking" by proposing a structure as opposed to surface parking lots.
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SLO Rep Theatre Architectural Design Findings:
8. The proposed new building is consistent with Historic Preservation Program Guidelines
Sections 3.2.1 and 5.2.2 because the building is designed to be architecturally compatible
with Downtown Historic District structures.
9. The project design maintains consistency with the Community Design Guidelines Chapter
4 (Downtown Design Guidelines), Sections 4.2 (A-D) by providing: human scale and
proportion, various upper story setbacks, includes similar vertical elements that are found
in the surrounding architecture of the existing buildings, an architectural design that
complements the character of the surrounding neighborhood, transparency is included in
the front fa~ade with the inclusion of glass curtain walls and provides architectural interest
on all four sides of the building.
Palm Nipomo Parking Structure Use Permit Findings:
10. The proposed use is allowed with a use permit within the Downtown Commercial (C-D)
zone and complies with all other applicable provisions of the Zoning Regulations.
11. The proposed parking structure use is located where a parking structure is called out on the
2017 Downtown Concept Plan.
12. The parking structure use is consistent with LUE policy 4.14 and Circulation Element
policy13.2.4 that state that any major increases in parking should take the form of a
structure located at the edge of the commercial core and that additional parking should be
supported by a parking study.
13. The site is physically suitable in terms of its design, location, shape, size, and operating
characteristics of the proposed use; traffic generation and the provision of public and
emergency vehicle access; public protection services; and the provision of utilities.
14. The establishment and subsequent operation or conduct of the use will not, because of the
circumstances and conditions applied in the particular case, be detrimental to the health,
safety or welfare of the general public or persons residing or working in the neighborhood
of the use, or be detrimental or injurious to property or improvements in the vicinity of the
use.
SLO Rep Theatre Use Pe1mit Findings:
15. The proposed use is allowed with a use permit within the Downtown Commercial (C-D)
zone and complies with all other applicable provisions of the Zoning Regulations.
16. The proposed SLO Rep Theatre use is located where a theater is called out on the 2017
Downtown Concept Plan.
17. The proposed SLO Rep Theatre use is consistent with LUE policies 5.2.2, 5.2.3, and 5.2.5
because the theater will be located near Mission Plaza along Monterey Street in the Cultural
Facilities Area.
18. The site is physically suitable in terms of its design, location, shape, size, and operating
characteristics of the proposed use; traffic generation and the provision of public and
emergency vehicle access; public protection services; and the provision of utilities.
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19. The establishment and subsequent operation or conduct of the use will not, because of the
circumstances and conditions applied in the particular case, be detrimental to the health,
safety or welfare of the general public or persons residing or working in the neighborhood
of the use, or be detrimental or injurious to property or improvements in the vicinity of the
use.
Palm Niporno Parking Structure deviation from height and F.A.R Findings:
20. The proposed increase in height and F.A.R. for the project is consistent with 2018 Zoning
Regulations Section 17.86.200 (Parking as a Primary Use) that states, Where parking as a
primary use is permitted in compliance with Table 2-1: Uses Allowed by Zone ...
discretionary permit approval may include deviations from otherwise applicable
development standards because the parking structure is designed to meet certain building
and engineering standards.
SECTION 2. Environmental Review. On July 17, 2018, the City Council certified the
Final Environmental Impact Report (FEIR State Clearinghouse Number 2017051011 ), adopted a
Mitigation Monitoring and Reporting Program, and adopted CEQA Findings and Mitigation
Measures, including a Statement of Overriding Considerations, for the Palm Nipomo Parking
Structure Project per Resolution No. 10923 (2018 Series).
The City Council adopts the following findings to approve the Addendum to the certified
FEIR: 1) the minor technical changes addressed in the Addendum do not materially change the
findings and conclusions of the certified FEIR; 2) no substantial changes are proposed or would
occur that would require major revisions to the certified FEIR; 3) no new significant environmental
effects are identified and there would not be a substantial increase in the severity of previously
identified significant effects; 4) the project would not result in any significant effects that would
be substantially more severe than what was identified in the certified FEIR. Furthermore, the
applicant will comply with all mitigation measures and environmentally mitigating project features
included in the certified FEIR.
SECTION 3 . Action. The City Council does hereby approve the proposed project
ARCH-0415-2019, USE-0416-2019, ARCH-0448-2019, USE-0388-2017, & GENP-0389-2017)
subject to the following conditions. Conditions of Approval shall be applied to specific project
components and shall not restrict or limit the ability for certain aspects of the project to move
forward.
General Plan Amendment and Rezone
1. The General Plan shall be amended as shown in Exhibit A.
2. The Amendment shall apply only to the properties currently proposed to be occupied by
the Project, i.e. to the Project site.
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Pa lm Nipo mo Parking Struc ture Archi te ctura l De s ign
Planning Division -Community Development Department
3. Final project design and construction drawings submitted for a building permit shall be in
substantial compliance with the project description and plans approved by the City Council.
A separate, full-size sheet shall be included in working drawings submitted for a building
permit that lists all conditions of project approvals listed and mitigation measures in the
MMRP as sheet number 2. Furthermore, as identified in the EIR, environmentally
mitigating project features shall be included in the final project design.
4. Reference shall be made in the margin oflisted items as to where in plans requirements are
addressed. Any change to approved design, colors, materials, landscaping, or other
conditions of approval must be approved by the Director or Architectural Review
Commission, as deemed appropriate.
5. Plans submitted for a building permit shall call out the colors and materials of all proposed
building surfaces and other improvements.
6. The building plan submittal shall include privacy screening that will restrict the ability for
users of the parking structure to overlook into the adjacent property while using the
southeastern stairway to the satisfaction of the Community Development Director.
7. The locations of all exterior lighting, including bollard style landscaping or path/parking
lighting, shall be included in plans submitted for a building permit. All wall-mounted
lighting fixtures shall be clearly called out on building elevations included as part of
working drawings. All wall-mounted lighting shall complement building architecture,
subject to the approval of the Community Development Director. The lighting schedule for
the building shall include a graphic representation of the proposed lighting fixtures and cut
sheets on the submitted building plans . The selected fixture(s) shall be shielded to ensure
that light is directed downward consistent with the requirements of the City's Night Sky
Preservation standards contained in Chapter 17 .23 of the 2015 Zoning Regulations.
8. Plans submitted for a building permit shall clearly state the type/model of bicycle racks
proposed, location and dimensions of all 32 short and long-term bicycle parking spaces.
All long-term bicycle parking spaces shall be located within the parking structure.
Sufficient detail shall be provided about the placement and design of bike racks to
demonstrate compliance with relevant Engineering Standards and Community Design
Guidelines and this condition of approval, to the satisfaction of the Public Works and
Community Development Directors.
9. Plans submitted for a building permit shall include window details indicating the type of
materials for the window grids, their dimensions, and colors. Plans shall demonstrate the
use of high-quality materials for the window grids that reflect the architectural style of the
project to the approval of the Community Development Director.
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10. Mechanical and electrical equipment shall be located internally to the structure or site. With
submittal of working drawings, the applicant shall clearly show the location and sizes of
any proposed condensers and other mechanical equipment. If any mechanical equipment
is to be placed on the roof, plans submitted for a building permit shall confirm that parapets
or other roof features will adequate Iy screen them. A line-of-sight diagram may be required
to confirm that proposed screening will be adequate. This condition applies to initial
construction and later improvements.
11. The location of any required backflow preventer and double-check assembly shall be
shown on all site plans submitted for a building permit and shown and called out on the
landscaping plans. Construction plans shall also include a scaled diagram of the equipment
proposed. Where possible, as determined by the Utilities Director, equipment shall be
located inside the building within 20 feet of the front property line. Where this is not
possible, as determined by the Utilities Director, the back-flow preventer and double-check
assembly shall be located in the street yard and screened using a combination ofpaint color,
landscaping and, if deemed appropriate by the Community Development Director, a low
wall. The size and configuration of such equipment shall be subject to review and approval
by the Utilities and Community Development Directors.
12. A final landscaping plan, including irrigation details and plans, shall be submitted to the
Community Development Department along with working drawings. The legend for the
landscaping plan shall include the sizes and species of all groundcovers, shrubs, and trees
with corresponding symbols for each plant material showing their specific locations on
plans. Street trees species shall comply with City standards and may include palm trees.
Engineering Division -Public Works/Community Development Department
13. The Parking Structure shall conform to the overall proposed campus designs and approvals
for the Palm Nipomo Parking Structure Project and any subsequent agreements between
the SLO Rep Theatre and the City. The project shall also conform to previously approved
bulb-out and crossing designs for the Monterey Place project located at 667 Monterey.
14. The project address should be established prior to building permit application if possible.
Otherwise, the address will be established during permit review and prior to permit
issuance.
15. A separate demolition plan and permits are required for the structures located on the project
site. The plan shall include an inventory of all improvements located on the City parcel
and within the public right-of-way. Any historic materials shall be noted and shall include
a matrix of the proposed disposition. Unless otherwise proposed or required to be re-used
within the project, the historic granite curbing, walls, and stairs located on the project site
shall be preserved and delivered to an approved location to the satisfaction of the City.
16. The demolition plans shall show the location of all existing utilities. Existing utilities shall
be approved for re-use or shall be abandoned per City Engineering Standards. The
applicant should confirm whether any utilities remain from the previous demolition of the
structure(s) located on the project site. City improvement plan records and/or sewer
mainline televising records are available upon request.
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17. A lot line adjustment or merger shall be processed by a separate Planning application
through the Planning Division to remove the underlying property lines. Unless otherwise
specifically approved for deferral by the City, all underlying parcels shall be merged prior
to building permit issuance.
18. Projects involving the construction of new structures generally requires that complete
frontage improvements be installed or that existing improvements be upgraded per city
standard. MC 12.16.050
19. New curb, gutter, sidewalk, curb ramps, bulb-outs, street parking, signage, striping, parking
meters, street tree plantings, street lighting, demolitions, etc. shall be completed as a
condition of the project. Except where standard streetlights are required, the frontage
improvements shall include new pedestrian level streetlights per the approved master plan
and City Engineering Standards.
20. The project is located within the Mission Style Sidewalk District of downtown. Unless
otherwise directed and approved by the Public Work or Community Development
Directors, all new or replaced improvements shall be constructed in the Mission Style per
City Engineering Standards.
21. All proposed street furniture shall conform to City Engineering Standards and Community
Design Guidelines. Final furniture placement and aesthetics shall consider need, phasing,
pedestrian circulation, line-of-sight, and future maintenance. The proposed furniture and
layout shall be approved to the satisfaction of the Public Works and Community
Development Directors.
22. City Engineering standards include a preference for parkways over integral sidewalks
where adequate sidewalk width is available and street parking has been removed. The final
design for the Nipomo Street frontage shall consider whether parkways or tree plantings in
tree wells is preferred. Direction on this item shall be approved to the satisfaction of Public
Works and Community Development Directors.
23. The street tree and landscape planting plan shall consider line of sight for vehicles and
pedestrians. Unless approved by the City, new tree plantings along Nipomo should be
located near the face of curb per City Engineering Standards.
24. The improvement plans and building plan submittal shall include all sidewalk dimensions
and clearances. Pedestrian clear space shall be shown along Nipomo for the existing street
trees to remain within the widened sidewalk. Clearances shall be shown to both the face
of curb, interim patio improvements, and to the face of the future office addition. The
commercial/residential addition plans may need to show a building or building entry in
consideration of the existing trees to provide for minimum pedestrian passage widths.
25. As recommended by the Planning Commission, the liner building should be used for
housing and staff is directed to evaluate the feasibility of moving forward with a
public/private partnership to entitle and develop housing on this portion of the site, to be
built after construction of the parking structure is completed.
26. The final street width and sidewalk widening along Nipomo may need to be adjusted to
accommodate a bulb-out for the driveway approach into the garage and for the pedestrian
crossing at Dana.
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27. The decorative crosswalks shall conform to the City Engineering Standards in effect or in
an approved draft form at the time of construction. Flashers for the uncontrolled crossings
shall be approved by the Public Works Department. Unless, solar powered equipment is
specifically approved at one or more locations, secondary power shall be provided to
activate the flashers.
28. Any proposed phasing of the public improvements shall be approved by the City. Ifphased,
interim improvements may be required to provide a reasonable transition between
adjoining projects.
29. The required public improvements may be shown with the building permit submittal or
could be processed as a separate public improvement plan. The on-site plans and off-site
plans shall agree. Unless otherwise approved by the City, the building permit plans shall
not be approved or permits issued until the adjoining public improvements are approved.
Record plans shall be provided for the work within the public right-of-way at the
completion of the project.
30. The building plan submittal shall include a complete site, grading, drainage, and utility
plan. If proposed grading, drainage, and utilities are to be permitted under a separate
submittal, this information shall be shown "for reference only" on the building plan
submittal. The plan shall show all existing and proposed underground and overhead utilities
for reference. All utility company meters, vaults, equipment, and transformers shall be
shown for reference.
31. All new wire utilities shall be underground. Unless otherwise approved by the City, the
underground service(s) shall be achieved without use of utility poles within the public
right-of-way.
32. The required POE service work and their preliminary design memo shall be reviewed and
approved by the City and the engineer of record prior to commencing with final designs.
The final PGE handout package shall be approved prior to building permit issuance or shall
be listed as a deferred submittal item. The plan shall clarify how secondary service will be
maintained or re-served to the remaining properties to the east.
33. The demolition plan, topo plan, and/or site electrical plan shall show all existing joint poles,
parking lot lighting, light numbers and wattage, POE services, and tele-com services. The
plans shall include JP/SL #1561, SL pole #1741/120388413, and JP #643/110368243.
34. JP #643 appears to carry secondary power and tele-com to serve the Palm and Monterey
properties to the east from their respective rear yards. The lines appear to terminate at JP /SL
1499/120388414 located within City Parking Lot #9. The plans shall clarify how service
will be maintained to the existing services. If service can be reserved from JP #1499 in
Parking Lot #9, existing off-site JP #643 would become a terminal pole and might be
abandoned in favor of a new pole and guy located off the common property line.
35. Handrails for any on-site stairs or ramps shall not encroach into the public right-of-way or
public sidewalk area and shall comply with current Americans with Disabilities Act (ADA)
code.
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36. The building plan submittal and project drainage report shall show and note compliance
with the Drainage Design Manual, Floodplain Management Regulation, and the Post
Construction Stormwater Regulations. The stormwater BMP's shall be located outside the
public right-of-way unless otherwise specifically approved by the City. The PCR
compliance approach and strategy shall consider how the treatment of runoff from the
altered or replaced public improvements will be managed. Some stormwater BMP's
designed to treat runoff from public streets and sidewalks may be located within the Public
right-of-way.
37. The building plan submittal shall clarify whether the lower floor of the parking structure
and future commercial/residential structure are located above the base flood elevation
BFE). If not, the structure and openings shall be floodproofed and constructed of flood
resistant materials. All building service equipment and elevators shall be located outside
the mapped flood zone, 1' above the BFE, or floodproofed to 1' above the BFE.
38. The building plan submittal shall include a complete grading and drainage plan. The plan
shall evaluate whether there is existing run-on from the neighboring upslope properties.
The plans shall clarify the extent of any run-on and shall clarify how the drainage will be
collected and conveyed to an approved outlet. A portion of the roof from an adjoining
structure with a zero setback appears to discharge onto this site. An analysis of the entire
limits of the watershed tributary to the easterly property line will be required.
39. The building plan submittal shall include a complete tree summary showing all existing
trees, tree diameters, species, and proposed disposition. The plan shall include trees on
neighboring properties with tree canopies/root zones that may encroach into the area of
construction disturbance. A tree preservation plan shall be provided as part of the building
plans to clarify how all trees proposed to remain will be protected during demolition and
construction.
40. Street trees are required as a condition of the building permit. The landscape and irrigation
plans shall show irrigation improvements and sleeves under the sidewalk to provide
irrigation to any parkway plantings and/or tree wells. Street tree species and plantings shall
be in accordance with the City Engineering Standards and may include palm trees.
Transportation Division -Public Works Department
41. The proposed uncontrolled crosswalks on Nipomo Street and Monterey Street shall be
designed to include features such as flashers, decorative pavement treatment, warning
signage, pavement markings, and bulbouts similar to other crosswalks in the downtown
area. The specific design treatments at all proposed crosswalks shall be approved by the
City Public Works Department in conjunction with review off the public improvement
plans.
42. Design of proposed bulbouts, driveways and other intersection geometric modifications
shall include vehicle turning path analysis using appropriate design vehicles as identified
in the City's Engineering Standards to the satisfaction of the Public Works Director.
Designs shall consider placement of street trees, landscaping and other vertical features
near intersections, driveways and pedestrian crossings in order to maintain adequate sight
distance per City Engineering Standards .
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43. Sidewalk landscaping, street furniture and/or other elements shall be designed to
discourage pedestrian crossings of Nipomo Street at the northeast comer of the Nipomo
Street/Monterey Street intersection, the southwest comer of the Nipomo Street/Dana Street
intersection, and the southeast comer of the Nipomo Street/Palm Street intersection.
44. Frontage improvements shall include installation of standard streetlights and downtown
pedestrian lighting per City Standards to the satisfaction of the Public Works Director.
45. Consistent with Mitigation Measure T-1 per the project's Final EIR, prior to issuance of
each building permit, the construction contractor(s) shall develop a construction
management plan for review and approval of the Community Development and Public
Works Departments to identify traffic management strategies to address traffic congestion,
construction staging/traffic control, parking demand and other transportation concerns
related to project construction activities.
46. Where frontage improvements are proposed, sidewalks shall have a minimum of eight (8)
feet clear width, unless otherwise approved by the Public Works Director.
47. Consistent with Mitigation Measure T-3 per the project's Final EIR, the public
improvement plans shall incorporate improvements to the Dana Street/Nipomo and
Monterey Street/Nipomo Street intersections to enhance pedestrian safety and
accessibility. At a minimum, the public improvements shall include the following elements
to the satisfaction of the Public Works Director:
a. High-visibility crosswalk markings or other intersection enhancements , with
directional curb ramps across Nipomo Street from the northwest comer of Dana
Street/Nipomo Street to the southwest comer of the parking structure.
b. High-visibility crosswalk markings or other intersection enhancements, with
directional curb ramps across Nipomo Street from the southeast comer of Monterey
Street/Nipomo Street across Nipomo Street.
c. Standard crosswalks or other intersection enhancements, with directional curb
ramps across Monterey Street and Dana Street where they intersect with Nipomo
Street.
d. Reduce comer curb radii on the southwest comer of Dana Street/Nipomo Street and
the northeast comer of Monterey Street/Nipomo Street.
48. Final designs for the Palm Street access driveway to the parking structure shall be refined
to provide acceptable visibility sight triangles for both vehicular traffic on Palm Street and
pedestrians crossing the driveway.
Utilities Department
49. The proposed utility infrastructure shall comply with the latest engineering design
standards effective at the time the building permit is obtained and shall have reasonable
alignments needed for maintenance of public infrastructure.
50. The project shall construct a new sewer lateral and water services for the proposed use.
51. Revisions to the existing sewer and water infrastructure, that may result from the proposed
land use modifications, shall be completed to the satisfaction of the Utilities Director to
minimize impacts to operations and maintenance of the services.
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52. Underground dewatering systems for basements shall discharge to an on-site retention
system or shall obtain an environmental compliance permit prior to issuance of an
occupancy permit.
53. Final grades and alignments of all public and/or private water, and sewer services shall be
approved to the satisfaction of the Utilities Department. The final location, configuration,
and sizing of on-site service laterals and meters shall be approved by the Utilities Director
in conjunction with the review of the building plans, fire sprinkler plans, and/or public
improvement plans.
54. Projects generating more than two cubic yards of total waste shall comply with AB 1826,
and local waste management ordinance to reduce greenhouse gas emissions. Trash
enclosure(s) shall conform the requirements by the San Luis Garbage Company and refuse
bins shall be sized to provide a reasonable level of service. Separate refuse bins shall be
accommodated within the site for waste, recycling, and organics.
55. Tree wells shall maintain a 10-foot clearance to the existing sewer and water mains. New
curbs along the frontage improvements shall maintain a 2-foot clearance between the lip
of gutter and the existing sewer or water mains.
SLO Rep Theatre Architectural Design
Planning Division -Community Development Department
56. The applicant shall defend, indemnify, and hold harmless the City and/or its agents,
officers, and employees from any claim, action, or proceeding against the City and/or its
agents, officers, or employees to attack, set aside, void, or annul the approval by the City
of this project, and all actions relating thereto, including but not limited to environmental
review ("Indemnified Claims"). The City shall promptly notify the applicant of any
Indemnified Claim upon being presented with the Indemnified Claim, and City shall fully
cooperate in the defense against an Indemnified Claim.
57. Final project design and construction drawings submitted for a building permit shall be in
substantial compliance with the project description and plans approved by the City Council.
A separate, full-size sheet shall be included in working drawings submitted for a building
permit that lists all conditions of project approvals listed and mitigation measures in the
MMRP as sheet number 2. Furthermore, as identified in the EIR, environmentally
mitigating project features shall be included in the final project design.
58. Reference shall be made in the margin oflisted items as to where in plans requirements are
addressed. Any change to approved design, colors, materials, landscaping, or other
conditions of approval must be approved by the Director or Architectural Review
Commission, as deemed appropriate.
59. The design of the proposed SLO Rep Theatre shall be consistent with the proposed fa~ade
redesign included in the plans submitted as part of the Planning Commission staff report
dated October 23, 2019. The building permit submittal shall accurately show the location
of all the terra cotta tiles and which colors will be located where.
60. Plans submitted for a building permit shall call out the colors and materials of all proposed
building surfaces and other improvements.
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61. The locations of all exterior lighting, including bollard style landscaping or path/parking
lighting, shall be included in plans submitted for a building permit. All wall-mounted
lighting fixtures shall be clearly called out on building elevations included as part of
working drawings. All wall-mounted lighting shall complement building architecture,
subject to the approval of the Community Development Director. The lighting schedule for
the building shall include a graphic representation of the proposed lighting fixtures and cut
sheets on the submitted building plans. The selected fixture(s) shall be shielded to ensure
that light is directed downward consistent with the requirements of the City's Night Sky
Preservation standards contained in Chapter 17 .23 of the 2015 Zoning Regulations.
62. Plans submitted for a building permit shall clearly state the type/model of bicycle racks
proposed, location and dimensions of all 13 short and long-term bicycle parking spaces.
All long-term bicycle parking spaces shall be located within the building. Sufficient detail
shall be provided about the placement and design of bike racks to demonstrate compliance
with relevant Engineering Standards and Community Design Guidelines, to the satisfaction
of the Public Works and Community Development Directors.
63. Plans submitted for a building permit shall include window details indicating the type of
materials for the window frames and mullions, their dimensions, and colors. Plans shall
include the materials and dimensions of all lintels, sills, surrounds recesses and other
related window features. Plans shall demonstrate the use of high-quality materials for the
windows that reflect the architectural style of the project and are compatible with the
neighborhood character, to the approval of the Community Development Director.
64. Mechanical and electrical equipment shall be located internally. With submittal of working
drawings, the applicant shall include sectional views of the building, which clearly show
the sizes of any proposed condensers and other mechanical equipment. If any condensers
or other mechanical equipment is to be placed on the roof, plans submitted for a building
permit shall confirm that parapets and other roof features will adequately screen them. A
line-of-sight diagram may be required to confirm that proposed screening will be adequate.
This condition applies to initial construction and later improvements.
65. The location of any required backflow preventer and double-check assembly shall be
shown on all site plans submitted for a building permit, including the landscaping plan.
Construction plans shall also include a scaled diagram of the equipment proposed. Where
possible, as determined by the Utilities Director, equipment shall be located inside the
building within 20 feet of the front property line. Where this is not possible, as determined
by the Utilities Director, the back-flow preventer and double-check assembly shall be
located in the street yard and screened using a combination of paint color, landscaping and,
if deemed appropriate by the Community Development Director, a low wall. The size and
configuration of such equipment shall be subject to review and approval by the Utilities
and Community Development Directors.
66. A final landscaping plan, including irrigation details and plans, shall be submitted to the
Community Development Department along with working drawings. The legend for the
landscaping plan shall include the sizes and species of all groundcovers, shrubs, and trees
with corresponding symbols for each plant material showing their specific locations on
plans. Street trees species shall comply with City standards and may include palm trees.
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67. The applicant shall pay parking in-lieu fees for 67 parking spaces prior to building permit
issuance unless another agreement is supported by the City to the satisfaction of the
Community Development and Public Works Directors.
Engineering Division -Public Works/Community Development Department
68. The Parking Structure shall conform to the overall proposed campus designs and approvals
for the Palm Nipomo Parking Structure Project and any subsequent agreements between
the SLO Rep Theatre and the City. The project shall also conform to previously approved
bulb-out and crossing designs for the Monterey Place project located at 667 Monterey.
69. The project address should be established prior to building permit application if possible.
Otherwise, the address will be established during permit review and prior to permit
issuance.
70. A separate demolition plan and permits are required for the structures located on the project
site. The plan shall include an inventory of all improvements located on the City parcel
and within the public right-of-way. Any historic materials shall be noted and shall include
a matrix of the proposed disposition. Unless otherwise proposed or required to be re-used
within the project, the historic granite curbing, walls, and stairs located on the project site
shall be preserved and delivered to an approved location to the satisfaction of the City.
71. The demolition plans shall show the location of all existing utilities. Existing utilities shall
be approved for re-use or shall be abandoned per City Engineering Standards. The
applicant should confirm whether any utilities remain from the previous demolition of the
structure(s) located on the project site. City improvement plan records and/or sewer
mainline televising records are available upon request.
72. Projects involving the construction of new structures generally requires that complete
frontage improvements be installed or that existing improvements be upgraded per city
standard. MC 12.16.050
73. New curb, gutter, sidewalk, curb ramps, bulb-outs, street parking, signage, striping, parking
meters, street tree plantings, street lighting, demolitions, etc. shall be completed as a
condition of the project. Except where standard streetlights are required, the frontage
improvements shall include new pedestrian level streetlights per the approved master plan
and City Engineering Standards.
74. The project is located within the Mission Style Sidewalk District of downtown. Unless
directed otherwise and approved by Public Works or Community Development Directors,
all new or replaced improvements shall be constructed in the Mission Style per City
Engineering Standards.
75. Any proposed phasing ofthe public improvements shall be approved by the City. Ifphased,
interim improvements may be required to provide a reasonable transition between
adjoining projects.
76. The required public improvements may be shown with the building permit submittal or
could be processed as a separate public improvement plan. The on-site plans and off-site
plans shall agree. Unless otherwise approved by the City, the building permit plans shall
not be approved or permits issued until the adjoining public improvements are approved.
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77. The building plan submittal shall include a complete site, grading, drainage, and utility
plan. If proposed grading, drainage, and utilities are to be permitted under a separate
submittal, this information shall be shown "for reference only" on the building plan
submittal. The plan shall show all existing and proposed underground and overhead
utilities for reference. All utility company meters, vaults, equipment, and transformers
shall be shown for reference.
78. All new wire utilities shall be underground. Unless otherwise approved by the City, the
underground service(s) shall be achieved without a net increase of utility poles within the
public right-of-way.
79. The required PGE service work and their preliminary design memo shall be reviewed and
approved by the City and the engineer of record prior to commencing with final designs.
The final PGE handout package shall be approved prior to building permit issuance or shall
be listed as a deferred submittal item. The plan shall clarify how secondary service will be
maintained or re-served to the remaining properties to the east.
80. Handrails for any on-site stairs or ramps shall not encroach into the public right-of-way or
public sidewalk area and shall comply with current Americans with Disabilities Act (ADA)
code.
81. The building plan submittal and project drainage report shall show and note compliance
with the Drainage Design Manual, Floodplain Management Regulation, and the Post
Construction Stormwater Regulations. The stormwater BMP's shall be located outside the
public right-of-way unless otherwise specifically approved by the City. The PCR
compliance approach and strategy shall consider how the treatment of runoff from the
altered or replaced public improvements will be managed. Some stormwater BMP's
designed to treat runoff from public streets and sidewalks may be located within the Public
right-of-way.
82. The building plan submittal shall clarify that the access into the lower floor and basement
exit systems are located above the base flood elevation (BFE). Unless otherwise approved
by the City, a one-foot freeboard should be provided above the BFE. All building service
equipment shall be located outside or above the BFE.
83. The building plan submittal shall include a complete grading and drainage plan. The plan
shall evaluate whether there is existing run-on from the neighboring upslope properties.
The plans shall clarify the extent of any run-on and shall clarify how the drainage will be
collected and conveyed to an approved outlet. A portion of the roof from an adjoining
structure with a zero setback appears to discharge onto this site. An analysis of the entire
limits of the watershed tributary to the easterly property line will be required.
84. The building plan submittal shall include a complete tree summary showing all existing
trees, tree diameters, species, and proposed disposition. The plan shall include trees on
neighboring properties with tree canopies/root zones that may encroach into the area of
construction disturbance. A tree preservation plan shall be provided to clarify how all trees
proposed to remain will be protected during demolition and construction.
85. Street trees are required as a condition of the building permit. The landscape and irrigation
plans shall show irrigation improvements and sleeves under the sidewalk to provide
irrigation to any parkway plantings and/or tree wells. Street tree species and plantings shall
be in accordance with the City Engineering Standards and may include palm trees.
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Resolution No. 11059 (2019 Series)
Transportation Division -Public Works Department
86. Pursuant to Chapter 4.56 of the City of San Luis Municipal Code, the project shall be
responsible for paying applicable transportation impact fees prior to issuance of building
permits.
87. Per Mitigation Measure T-1 of the Palm/Nipomo Parking Structure Project EIR, a
Construction Management Plan shall be submitted for review and approval by the Public
Works and Community Development Departments. Prior to issuance of building permits
and encroachment permits for the proposed theater project, a Construction Management
Plan must be approved by the Public Works and Community Development Departments -
either as a combined plan for the parking structure and theater project or as a stand-alone
plan for the theater project only.
Utilities Department
88. The proposed utility infrastructure shall comply with the latest engineering design
standards effective at the time the building permit is obtained and shall have reasonable
alignments needed for maintenance of public infrastructure.
89. The project must construct a new sewer lateral and water services for the proposed use.
90. MAWA and ETWU calculations shall be provided for the proposed landscape plan per the
following formula: http://www. slocity .org/ government/ department-directory
91. Projects generating more than two cubic yards of total waste shall comply with AB 1826,
and local waste management ordinance to reduce greenhouse gas emissions. Trash
enclosure(s) shall conform the requirements by the San Luis Garbage Company and refuse
bins shall be sized to provide a reasonable level of service. Separate refuse bins shall be
accommodated within the site for waste, recycling, and organics .
92. Applicant will need to obtain in writing that the proposed enclosures and collection method
meets the San Luis Garbage Company (SLG) requirements. SLG can be contacted at (805)
543-0875. The proposed plans show large waste containers at the bottom of the access
ramp near the north boundary ofthe project, which will be difficult to access. Please consult
with SLG to review the access and ensure the large bins will not create a safety hazard. All
three waste streams need to be included in the proposed trash enclosure per Section 2.1.1-
D of the Uniform Design Criteria.
93. Driveways and access routes to the trash enclosure shall be designed to accommodate the
size and weight of the garbage trucks; a written confirmation from the San Luis Garbage
Company shall be included in the building permit plans for the proposed project. The trash
enclosure area shall have a maximum slope of two percent in a way that waste services will
not interfere with vehicular or pedestrian traffic.
94. Tree wells shall maintain a 10-foot clearance to the existing sewer and water mains. New
curbs along the frontage improvements shall maintain a 2-foot clearance between the new
lip of gutter and the outside edge of existing sewer or water mains .
95. Underground dewatering systems for basements shall discharge to an on-site retention
system or shall obtain an environmental compliance permit prior to issuance of an
occupancy permit.
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Resolution No. 11059 (2019 Series)
Palm Nipomo Parking Structure Use Permit
96. The proposed parking structure shall operate in substantial compliance with the project
description approved by the City Council.
SLO Rep Theatre Use Permit
97. The applicant shall defend, indemnify, and hold harmless the City and/or its agents,
officers, and employees from any claim, action, or proceeding against the City and/or its
agents, officers, or employees to attack, set aside, void, or annul the approval by the City
of this project, and all actions relating thereto, including but not limited to environmental
review ("Indemnified Claims"). The City shall promptly notify the applicant of any
Indemnified Claim upon being presented with the Indemnified Claim, and City shall fully
cooperate in the defense against an Indemnified Claim.
98. The proposed SLO Rep theatre shall operate in substantial compliance with the project
description approved by the City Council.
Upon motion of Council Member Christianson, seconded by Council Member Steward,
and on the following roll call vote:
AYES:
NOES:
RECUSED:
Council Member Christianson, Stewart and Mayor Harmon
None
Council Member Gomez and Vice Mayor Pease
The foregoing resolution was adopted this 121h day of November 20 9.
ATTEST:
IN WITNESS WHEREOF, I have h~r~~to set my h~nd affixed the official seal of the City
of San Luis Obispo, California, this 3 ru\ o{ Dea ~lo:ev-: . 2o I j .
s
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EXHIBIT A
Palm Nipomo Parking Structure Project General Plan Amendment Map Change
Existing
Medium-
High
Residential
General
Retail
Proposed
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