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HomeMy WebLinkAboutItem 3b. Review of a request to remove one (1) street tree associated with the San Luis Squara Project (ARCH-2213-2015) PLANNING COMMISSION AGENDA REPORT SUBJECT: REVIEW OF A REQUEST TO REMOVE ONE (1) STREET TREE ASSOCIATED WITH THE SAN LUIS SQUARE PROJECT (ARCH-2213-2015) PROJECT ADDRESS: 590 Marsh St. FILE NUMBER: TREE-0892-2025 BY: Walter Gault, Urban Forestry Program FROM: Tyler Corey, Deputy Director Coordinator/City Arborist Phone Number: (805) 781-7578 Email: wgault@slocity.org APPLICANT: Jay Salas, G3 Concepts RECOMMENDATION Adopt the Draft Resolution (Attachment A) approving the requested removal of one (1) street tree (Ficus macrocarpa) and subsequent replanting of one (1) new street tree. SITE DATA Applicant Jay Salas, G3 Concepts Zone Downtown Commercial (C-D) General Plan Land Use General Retail Sales, Service and Entertainment. Site Area 0.2-acre parcel Environmental Determination Categorically exempt from environmental review under CEQA Guidelines section 15332 (Class 32, Infill Development Projects) Meeting Date: 12/10/2025 Item Number: 3a Time Estimate: N/A Figure 1: Subject Property Location Page 9 of 150 Item 3a TREE-0892-2025, ARCH-2213-2015 Planning Commission Report – 12/10/25 1.0 SUMMARY San Luis Square is a mixed-use project located at 570, 578, 590 Marsh and 581 Higuera Streets that was reviewed and approved in March 2018 and is currently under construction. Per the approval (Attachment C, Resolution No. ARC-1005-18), the project is required to improve existing frontage along Marsh Street. In order to install the required frontage improvements, severe damage would be incurred on the existing street tree (Ficus macrocarpa) located at 590 Marsh Street. Jay Salas, Project Manager with G3 Concepts, an integrated real estate development company (Applicant), has requested the removal of the street tree so that construction may continue and the required frontage improvements and repairs can be made (Attachment C). As part of the request, the applicant is proposing to replant a new street tree in a 5’ x 5’ tree well as part of the frontage improvements. 2.0 COMMISSION'S PURVIEW During property development or construction, any tree that is requested to be removed that was not identified and approved for removal by the authorized approving authority shall return to the authorized approving authority for approval prior to removal (12.24.090.F(5)). The project was previously reviewed and approved by the Architecture Review Commission (ARC). Since the ARC approval, the Municipal Code has changed, and the Planning Commission now reviews and makes final decisions for Major Development Review projects or any modifications to such projects. The Planning Commission’s role is to review the request for consistency with Municipal Code Chapter 12.24 and applicable City Standards. Figure 2: 2025 view of requested tree removal from the corner of Marsh and Nipomo Streets. Page 10 of 150 Item 3a TREE-0892-2025, ARCH-2213-2015 Planning Commission Report – 12/10/25 3.0 PROJECT INFORMATION 3.1 Background On March 5, 2018, the ARC reviewed and approved a new mixed-use project, called “San Luis Square,” located at 570, 578, 590 Marsh and 581 Higuera Streets (Attachment C, Resolution No. ARC-1005-18). The project included three, four-story structures with 19,792 square feet of commercial space, 63 residential units, 36 hotel rooms, a two-level underground parking garage, a new driveway approach along Nipomo Street, landscaping and other site improvements.1 San Luis Square is considered a Major Development Review project. Per Resolution No. ARC-1005-18 (Attachment C), the project is subject to conditions of approval. Several of the conditions outline requirements related to frontage improvements. Specifically, Condition of Approval No. 15 states “Projects involving the construction of new structures requires that complete frontage improvements be installed or that existing improvements be upgraded per city standard MC 12.16.050.” 3.2 Project Description The project proposes to remove one (1) existing street tree (Ficus macrocarpa) (Attachment D, Tree Removal Plan) and replant one (1) 24 -inch box street tree along 590 Marsh Street (Attachment E, Replanting Plan). The removal of this tree is requested to accommodate the construction of new frontage improvements that meet ADA standar ds and comply with the City’s current Engineering Standards and the construction of the new four-story structure located at 590 Marsh Street. 4.0 PROJECT ANALYSIS 4.1 Construction Impacts As noted above, the applicant is requesting to remove one (1) str eet tree in order to construct the new frontage improvements and new structure associated with the San Luis Square project. This construction will require 1/3 or more of the tree’s canopy to be removed and require significant root pruning to accommodate 12 inches of excavation so that the current grade of the sidewalk can be lowered. The applicant has provided an arborist report (Attachment F) describing how the impacts of the proposed construction will impact the existing street tree. Specifically, the arborist report highlights the following:  The Critical Root Zone (CRZ)2 of the tree will be significantly impacted from grading and excavation to bring the sidewalk into ADA compliance as part of the required frontage improvements. 1 Note that on December 16, 2019, the Community Development Director determined that minor changes to the approved project were in substantial conformance with the ARC approved plans. The proposed changes included modifications to the interior portions of the proposed structures, specifically the reduction of: (a) the underground parking to 69 parking spaces, (b) the commercial areas to 13,000 square feet, and (c) the number of residential units to 52. The minor changes did not impact the site layout or required site improvements. 2 The Critical Root Zone (CRZ) is the area around a tree where the minimum volume of roots considered critical to the structural stability or health of the tree are located. Page 11 of 150 Item 3a TREE-0892-2025, ARCH-2213-2015 Planning Commission Report – 12/10/25  The CRZ will be impacted by the drilling of caissons for the new structure at the setback line (back of sidewalk).  The tree’s canopy will need to be trimmed significantly to accommodate the new structure. The combination of canopy and root pruning is likely not compatible for tree retention because it will significantly impact the health of the tree and its stability. 4.2 Past and Current Conditions Since the project application was submitted (2015) and approved (2018), the subject tree has grown considerably. In 2016, a complete repair of the sidewalk panels adjacent to the tree was performed by the City, and the tree well was widened to accommodate the expanding trunk of the tree. The tree has lifted the sidewalk panels again, and the root crown has expanded to fill the tree well again. Due to the increased growth, a sign ificant amount of pruning is now required in the CRZ and canopy. Figure 3: Approximately one-third of the existing canopy must be removed to accommodate the new structure. Figure 4: 2025 view of sidewalk damage to 2016 repairs when tree well size was increased Page 12 of 150 Item 3a TREE-0892-2025, ARCH-2213-2015 Planning Commission Report – 12/10/25 4.3 Consistency with the Municipal Code The City’s Tree Ordinance (Municipal Code Chapter 12.24) was adopted with the purpose of establishing a comprehensive program for installing, maintaining, and preserving trees within the City. Municipal Code Section 12.24.090(G) provides the criteria for tree removals within the City. As proposed, the requested tree removal is consistent with the tree removal criteria because:  The tree is non-native and, per Municipal Code Section 12.24.090.G(3), has a lower preservation priority.  The tree is a street tree, known to have invasive root structure, that is causing Public Right-of-Way obstruction or displacement to a sidewalk with a high volume of pedestrian use (see Figure 4 above) and, per Municipal Code Section 12.24.090.G(5), has a lower preservation priority.  The tree is not a heritage tree and per Municipal Code Section 12.24.090.G(7), has a lower preservation priority. 5.0 ENVIRONMENTAL REVIEW The proposed project is categorically exempt from provisions of CEQA described in Section 15301 (Existing Facilities) of the CEQA Guidelines which consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The proposed project consists of the removal and replanting of one (1) tree in order to repair and upgrade the existing frontage street, sidewalk and gutter) to comply with current City and ADA standards and involves negligible or no expansion of use beyond that previously existing and does not involve the removal of a scenic resource . 6.0 ALTERNATIVES 1. Continue project. An action to continue the item should include a detailed list of additional information or analysis required to make a decision. 2. Deny the project. An action denying the project should include findings that cite the basis for denial and should reference inconsistency with the General Plan, Zoning Regulations, or other policy documents. 7.0 ATTACHMENTS A - Draft PC Resolution 590 Marsh (ARCH-1005-2018) B - Tree Removal Application 590 Marsh C - Resolution No. ARC-1005-18 D - Tree Removal Plan E - Replanting Plan F - Arborist Report Page 13 of 150 Page 14 of 150 RESOLUTION NO. PC-XXXX-25 A RESOLUTION OF THE CITY OF SAN LUIS OBISPO PLANNING COMMISSION APPROVING THE REMOVAL OF ONE (1) STREET TREE (FICUS MICROCARPA) AT 590 MARSH AND SUBSEQUENT REPLANTING OF ONE (1) NEW STREET TREE WITH A CATEGORICAL EXEMPTION FROM ENVIRONMENTAL REVIEW UNDER SECTION 15301 (EXISTING FACILITIES) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES AS REPRESENTED IN THE STAFF REPORT AND ATTACHMENTS DATED DECEMBER 10, 2025 (TREE-0892-2025) WHEREAS, the Architectural Review Commission of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, on March 5, 2018, and reviewed and approved the new mixed-use project located at 570, 578, 590 Marsh and 581 Higuera Streets under Development Review application ARCH- 2213-2015; and WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, on December 10, 2025, for the purpose of considering the tree removal application TREE -0892-2025 requesting the removal of one (1) street tree and the subsequent replanting of one (1) new street tree; and WHEREAS notices of said public hearings were made at the time and in the manner required by law; and WHEREAS, the Planning Commission of the City of San Luis Obispo has duly considered all evidence, including the testimony of the applicant, interested parties, and evaluation and recommendations provided by staff presented at said hearing. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of San Luis Obispo as follows: SECTION 1. Findings. The Planning Commission hereby approves the tree removal request (TREE-0892-2025), based on the following findings: Tree Removal 1. The proposed tree removal request is consistent with Municipal Code Section 12.24.090(G) because the tree is non-native and carries a lower preservation priority; it is a street tree, known to have invasive root structure, causing Public Right-of-Way Obstruction or Displacement, adjacent to a sidewalk with high volume of pedestrian use; and it is not a Heritage Tree. Page 15 of 150 Resolution No. PC-XXXX-25 TREE-0892-2025 590 Marsh Street Page 2 2. As conditioned, the proposed tree removal request is consistent with Municipal Code Section 12.24.090(J) because the tree removal will be compensated by planting one (1) new street tree along the Marsh Street frontage. SECTION 2. Environmental Review. The proposed project is categorically exempt from provisions of CEQA described in Section 15301 (Existing Facilities) of the CEQA Guidelines which consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The proposed project consists of the removal and replanting of one (1) tree in order to repair and upgrade the existing frontage street, sidewalk and gutter) to comply with current City and ADA standards and involves negligible or no expansion of use beyond that previously existing and does not involve the removal of a scenic resource. SECTION 3. Action. The Planning Commission hereby approves the tree removal request with incorporation of the following conditions: City Arborist – Community Development Department 1. The tree removals for the site shall include one (1) Ficus microcarpa (Laurel Fig) as requested by the applicant in the project proposal. 2. One (1) street tree, at a minimum, shall be planted to replace the removed tree. The replacement tree shall be 24-inch box or larger in size. The tree species shall be in accordance with the City Approved Tree List, Major Streets Tree List, or to the satisfaction of the City Arborist. All trees planted as part of this replanting plan shall survive and any trees that do not survive shall be replanted. 3. The tree(s) shall be planted and irrigated (on a seperate zone) with tree bubbler(s) per the City’s Engineering Standards for Street Trees prior to final building permit approval for the new structure located at 590 Marsh Street. 4. 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 fl edged. 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 or City Biologist. Page 16 of 150 Resolution No. PC-XXXX-25 TREE-0892-2025 590 Marsh Street Page 3 Indemnification 5. 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 a nnul, the approval by the City of this project, and all actions relating thereto, including but not limited to environmental review (“Indemnified Claims”). The City shall promptly notify the applicant of any Indemnified Claim upon being presented with the Indemnified Claim and the City shall fully cooperate in the defense against an Indemnified Claim. Upon motion by ___________, seconded by ___________, and on the following roll call vote: AYES: NOES: RECUSED: ABSENT: The foregoing resolution was passed and adopted 12th day of December, 2025. ___________________ Tyler Corey, Secretary Planning Commission Page 17 of 150 Page 18 of 150 Page 19 of 150 Page 20 of 150 RESOLUTION NO. ARC-1005-18 A RESOLUTION OF THE SAN LUIS OBISPO ARCHITECTURAL REVIEW COMMISSION APPROVING A NEW MIXED-USE PROJECT WITH THREE, FOUR- STORY STRUCTURES THAT INCLUDE 19,792 SQUARE FEET OF COMMERCIAL SPACE, 63 RESIDENTIAL UNITS, 36 HOTEL ROOMS, AND A TWO-LEVEL UNDERGROUND PARKING GARAGE WITH 136 PARKING SPACES WITH A MAXIMUM HEIGHT OF 59.5 FEET AND A NEW DRIVEWAY APPROACH ALONG ON NIPOMO STREET, WITH A CATEGORICAL EXEMPTION FROM ENVIRONMENTAL REVIEW, AS REPRESENTED IN THE STAFF REPORT AND ATTACHMENTS DATED MARCH 5, 2018 570, 578 & 590 MARSH STREET & 581 HIGUERA STREET (ARCH-2213-2015) WHEREAS, the Architectural Review Commission of the City of San Luis Obispo conducted a public hearing in the Council Chambers of City Hall, 990 Palm Street, San Luis Obispo, California, on December 1, 2014, pursuant to a proceeding instituted under ARCH-0300- 2014, PB Companies, applicant; and WHEREAS, the Cultural Heritage Committee and the Architectural Review Commission of the City of San Luis Obispo conducted a joint public hearing in the Council Chambers of City Hall, 990 Palm Street, San Luis Obispo, California, on July 13, 2015, pursuant to a proceeding instituted under application #ARCH-0609-2014, PB Companies, applicant; and WHEREAS, the Cultural Heritage Committee of the City of San Luis Obispo conducted a public hearing in the Council Chambers of City Hall, 990 Palm Street, San Luis Obispo, California, on May 22, 2017, pursuant to a proceeding instituted under ARCH-2213-2015, The Obispo Company, applicant; and WHEREAS, the Architectural Review Commission of the City of San Luis Obispo conducted a public hearing in the Council Chambers of City Hall, 990 Palm Street, San Luis Obispo, California, on November 13, 2017, pursuant to a proceeding instituted under ARCH-2213- 2015, The Obispo Company, applicant; and WHEREAS, the Architectural Review Commission of the City of San Luis Obispo conducted a public hearing in the Council Chambers of City Hall, 990 Palm Street, San Luis Obispo, California, on March 5, 2018, pursuant to a proceeding instituted under ARCH-2213- 2015, The Obispo Company, applicant; and WHEREAS, the Architectural Review Commission of the City of San Luis Obispo has duly considered all evidence, including the testimony of the applicant, interested parties, and evaluation and recommendations by staff, presented at said hearing. WHEREAS, notices of said public hearing were made at the time and in the manner required by law; and NOW, THEREFORE, BE IT RESOLVED by the Architectural Review Commission of the City of San Luis Obispo as follows: Page 21 of 150 Resolution No. ARC-I 005-18 ARCH 2213-2015 (570, 578 & 590 Marsh & 581 Higuera Street) Page 2 SECTION 1. F indings. The Architectural Review Commission hereby grants final approval to the project (ARCH-2213-2015), based on the following findings: 1. That the project will not be detrimental to the health, safety, and welfare of persons living or working at the site or in the vicinity because the project respects site constraints and is compatible with the scale and character of the neighborhood. 2. The proposed project is consistent with Land Use Element Policy 4.20 (4.20.1 -4.20.6) because the project provides continuous street level stores and restaurants, upper level residential dwellings, similar storefront widths to existing buildings in the Downtown, and includes design details such as transom windows, bulkheads, large display windows, awnings, landscaping and patios which can be appreciated by people on the sidewalks, includes public/private viewing decks as part of 581 Higuera Street, is designed to meet LEED silver energy standards, provides the maximum number of residential units allowed for the site, and includes a public/private plaza that connects Higuera to Marsh Street. 3. The proposed project is consistent with Housing Element Policies 5.3 and 6.2 because the project provides a mixed-use development that includes housing above ground-level retail stores and restaurants within the Downtown Core. 4. The proposed project is consistent with Zoning Regulations Chapter 17.42 Sections 17.42.020 and 17.42.020.C(2) because it meets all the property development standards and implements at least two policy objectives for buildings in the Downtown over 50 feet in height 5. The project is consistent with the City's Community Design Guidelines because the proposed project incorporates similar materials and architectural features to the surrounding neighborhood and provides a complementary color scheme. 6. The proposed new driveway will not harm the pedestrian experience within the Downtown Core because the proposed driveway approach is located along a non-arterial street and will not significantly alter the character of the street or pedestrian circulation in the area in consideration of the characteristics of pedestrian flow to and from the project site and surrounding uses and the proposed driveway approach is a shared facility and provides efficient access to more than a single project in a way that eliminates the need for additional driveways (M.C. Section 17.42.020.G.Vehicle Access). 7. The character of the building located at 570 Higuera Street is not considered historically significant as described in Section 14.01.070.A of the City's Historic Preservation Ordinance because the structure lacks significant historic and architectural features, is not associated with any significant historical person groups or events in the City's history and the existing structure no longer maintain authenticity and integrity due to alterations to the original function and historic fabric of the building because of renovations to the building, including additions to the front and rear fac;:ades, relocation of the main entrance, replacement windows and entrance door, conversion to a commercial use, and paving the side yard and backyard as parking spaces. Page 22 of 150 Resolution No. ARC-I 005-18 ARCH 2213-2015 (570, 578 & 590 Marsh & 581 Higuera Street) Page 3 SECTION 2. Environmental Review. 1. The project is categorically exempt from environmental review under Class 32, 15332 (In- Fill Development Projects) because the project is consistent with General Plan policies for the land use designation and is consistent with the applicable zoning designation and regulations. The project site occurs on property of no more than five acres substantially surrounded by urban uses that has no value as habitat for endangered, rare or threatened species as the site is located on an existing infill property and is served by required utilities and public services. 2. As a separate and independent basis to conclude that the project does not require further environmental review under CEQA, the City concludes based on analysis provided in the supporting record that the project is consistent with CEQA Section 15 l 68(C)4 and Article 12 Section 15183(a) because the City has provided a written analysis that evaluates the site and the activity to determine whether the environmental effects of the operation were covered in the Land Use and Circulation Element (LUCE) Final EIR and the project is consistent with the development density established by existing zoning and general plan policies in the LUCE Final EIR. 3. Based on analysis reflected in the project review record and review of prior City actions, including, but not limited to, the approval of the Land Use and Circulation Update, the Historic Preservation Ordinance and Guidelines, prior zoning code updates, and the downtown height regulations, as set forth in Chapter 17.42 of the City's Municipal Code, as well as review and approval of the Downtown Concept Plan, the City finds that the project is consistent with development previously analyzed and contemplated for the project site and is consistent with the type and level of development previously approved for this site. The project is consistent with all development standards applicable to the site, the project does not cause any substantial adverse changes to the significance of the historical resource located on the adjacent Jack House property, and the project does not present any other unusual circumstances that may have a significant environmental impact that could support an exception to the categorical exemption relied upon or otherwise require further environmental review. SECTION 3. Action. The Architectural Review Commission (ARC) hereby grants final approval to the project with incorporation of the following conditions: Planning Division -Community Development Department 1. 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. Page 23 of 150 Resolution No. ARC-1005-18 ARCH 2213-2015 (570, 578 & 590 Marsh & 581 Higuera Street) Page 4 2. Final project design and construction drawings submitted for a building permit shall be in substantial compliance with the project plans approved by the ARC. A separate, full-size sheet shall be included in working drawings submitted for a building permit that lists all conditions and code requirements of project approval listed as sheet number 2. Reference shall be made in the margin of listed items as to where in plans requirements are addressed. Any change to approved design, colors, materials, landscaping, or other conditions of approval must be approved by the Director or Architectural Review Commission, as deemed appropriate. 3. Plans submitted for a building permit shall call out the colors and materials of all proposed building surfaces and other improvements. Colors and materials shall be consistent with the color and material board submitted with Architectural Review application. 4. The locations of all exterior lighting, including lighting on the structure, bollard style landscaping or path lighting, shall be included in plans submitted for a building permit. All wall-mounted lighting fixtures shall be clearly called out on building elevations included as part of working drawings. All wall-mounted lighting shall complement building architecture. The lighting schedule for the building shall include a graphic representation of the proposed lighting fixtures and cut-sheets on the submitted building plans. The selected fixture(s) shall be shielded to ensure that light is directed downward consistent with the requirements of the City's Night Sky Preservation standards contained in Chapter 17.23 of the Zoning Regulations. 5. Mechanical and electrical equipment shall be located internally to the building. 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 provide adequate screening. A line-of-sight diagram may be required to confirm that proposed screening will be adequate. This condition applies to both initial project construction and later building modifications and improvements. 6. 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. 7. 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 backflow 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 Page 24 of 150 Resolution No. ARC-1005-18 ARCH 2213-2015 (570, 578 & 590 Marsh & 581 Higuera Street) Page 5 equipment shall be subject to review and approval by the Utilities and Community Development Directors. 8. Plans submitted for a building permit shall include all details, cut sheets, dimensions, and specifications to ensure all materials, windows, and architectural details are of high quality and suitable for a Downtown development project. 9. 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. 10. The project shall submit a separate application for a sign program for the site. The sign program shall include information on the sizes, locations, colors, materials, types, and illumination of all signage. Project signs shall be designed to be compatible with the architecture of proposed buildings and complement the site's setting. 11. The project shall install public art as part of the project in place of the in-lieu fee option. The public art application shall be submitted to the Community Development Director. Approval of public art shall be obtained prior to the issuance of a building permit. 12. The proposed project is permitted to unbundle parking for tenants of the project ( commercial and residential), however, they shall not sell parking (required or otherwise) to off-site users unless a Use Permit is approved per Chapter 17.16.060.F (Off-site Parking) of the Municipal Code. Unbundled parking is when the cost of parking is levied separately from the rent of residential and commercial tenants. Building Division -Community Development Department 13. All existing underlying property lines shall be merged through the voluntary merger process or may be included within a lot line adjustment or subdivision process. The lines shall be adjusted or merged prior to any construction permits unless otherwise approved for deferral by the Community Development Director. 14. A roof plan shall be submitted as part of the construction documents submitted for building permit application as none were incorporated in the entitlement set. Engineering Division -Public Works/Community Development Department 15. Projects involving the construction of new structures requires that complete frontage improvements be installed or that existing improvements be upgraded per city standard MC 12.16.050. 16. The building plan submittal shall show all new frontage along Marsh, Nipomo, and Higuera to be in accordance with City Engineering Standards for the Mission Sidewalk District of downtown. Page 25 of 150 Resolution No. ARC-I 005-18 ARCH 2213-2015 (570, 578 & 590 Marsh & 581 Higuera Street) Page6 17. The building plan submittal shall show and note any sections of damaged or displaced curb, gutter & sidewalk or driveway approach to be repaired or replaced to the satisfaction of the Public Works Department. 18. The building plan submittal shall include the dimensions and bearings for all property lines for reference. Any known property comer monuments shall be shown and noted on the plans for reference. Include the monument at the comer of Marsh and Nipomo. Monuments shall be preserved or re-established in accordance with current statutes. 19. The required public improvements may be included in the building permit plan submittal but will ultimately need to stand alone as a separate miscellaneous public improvement plan per City Engineering Standards with the standard signature cover sheet. Improvements located within the public right-of-way will require a separate encroachment permit and associated inspection fees. A separate plan review fee payable to the Public Works Department will be required for the Public Works Department review of the public improvements associated with the project. Said review fee shall be in accordance with the improvement plan review fee resolution in effect at the time of the plan submittal. Record drawings will be required at the completion of construction. 20. The building plan submittal or public improvement plans submittal shall include a complete design prepared by a licensed Civil Engineer. The plan shall include all existing and proposed improvements. The design shall show how drainage is being directed around the bulb out and able to maintain minimum flows in the street gutter without the need for a sidewalk underdrain. Drainage calculations may be required to confirm curb capacities and to evaluate any spread into the adjoining travel lanes. If gravity flows are not possible or are undesirable, the final design for either a sidewalk underdrain or additional catch basins shall be approved by the City Engineer. The bulb out shall be designed to the satisfaction of the Public Works Department. The transition from the widened sidewalk area back to the existing curb shall include a minimum inside radius and minimum outside radius per City Engineering Standards. A surface drainage strategy should be pursued for all areas of proposed sidewalk widening/bu! b-outs. 21. The project shall install two pedestrian level streetlights along the Nipomo frontage per City Engineering Standards in accordance with the City approved layout plan. The streetlight conduit shall be extended to the northerly limits of the project or PGE secondary point of connection, whichever is closer to the proposed third future light along the Nipomo frontage of 599 Higuera. 22. The applicant should consider providing secondary conduit to the proposed and/or existing street trees for future tree lighting. If tree lighting is proposed, the system components shall be installed in accordance with current City and Downtown Association (DA) guidelines and standards and shall be approved to the satisfaction of the City and the DA. 23. The improvement plan submittal shall show the existing and proposed street parking, signage, striping, and parking meter abandonments/relocations per city engineering standards. The Page 26 of 150 Resolution No. ARC-1005-18 ARCH 2213-2015 (570, 578 & 590 Marsh & 581 Higuera Street) Page 7 developer/contractor shall be responsible for all improvements including parking meter fees during construction. The demolition plan shall include a complete site inventory including all existing signage, parking meters, and furniture in the public right-of-way. 24. The contractor shall work with the affected businesses and provide a construction staging plan and schedule for review and approval by the City prior to encroachment permit issuance. The developer/contractor shall provide construction notification, project description, phasing and timing, and contact information to the Downtown Association and affected businesses to the satisfaction of the City. 25. A "sidewalk dining" permit and/or a "tables and chairs" permit shall be required for any dining in the public right-of-way. The necessary permits shall be completed to the satisfaction of the Community Development Director. 26. The building plan submittal shall show an 8' clear pedestrian path of travel void of all sidewalk obstructions along all street frontages in order to meet pedestrian level of service thresholds required for this area. 27. Any existing driveway approach that is not required for the new underground parking shall be abandoned. The existing driveway approach used for the new underground parking shall be upgraded per City and ADA Standards. The current City and ADA standard requires a 4' sidewalk extension behind the ramp. 28. Development of the driveway and parking areas shall comply with the Parking and Driveway Standards for dimension, maneuverability, materials, signing, and striping. The building plan submittal shall show all parking spaces that are adjacent to a post, column, or wall shall be one additional foot in width per City Engineering Standard 2220. 29. Provisions for trash, recycle, and green waste containment, screening, and collection shall be approved to the satisfaction of the City and San Luis Obispo Garbage Company. The respective refuse storage area and on-site conveyance shall consider convenience, aesthetics, safety, and functionality. Ownership boundaries and/or easements shall be considered in the final design. The building plan submittal shall show the proposed trash enclosure to comply with Engineering Standard 1010.B for drainage and water quality standards. 30. The building plan submittal shall include a complete site utility plan. All existing and proposed utilities along with utility company meters shall be shown. Existing underground dry utilities and services shall be shown along with any proposed alterations or upgrades. All work in the public right-of-way shall be shown or noted. 31. The applicant shall provide a copy of the Preliminary PGE design sketch to the engineer of record and City of San Luis Obispo for review and approval prior to final design. The final PGE handout package shall be reviewed by the engineer of record for consistency with the design and shall be approved by the City of San Luis Obispo. Page 27 of 150 Resolution No. ARC-I 005-18 ARCH 2213-2015 (570, 578 & 590 Marsh & 581 Higuera Street) Page 8 32. The building plan submittal shall include a final grading plan and drainage report for this project. The drainage report shall consider any historic offsite drainage tributary to this property that may need to be conveyed along with the improved on-site drainage. This development may alter and/or increase the storm water runoff from this site or adjoining sites. The improved or altered drainage shall be directed to the street and not across adjoining property lines unless the drainage is conveyed within recorded easements or existing waterways. 33. The project is located within a designated flood zone as shown on the Flood Insurance Rate Map (FIRM) for the City of San Luis Obispo. As such, any new or substantially remodeled structures shall comply with all Federal Emergency Management Agency (FEMA) requirements and the city's Floodplain Management Regulations per Municipal Code Chapter 17.84. 34. This property is located in an AO (2' depth) Flood Zone; the water surface or base flood elevation (BFE) of a 100-year storm is 2' above adjacent grade. The structure and building service equipment must be raised or floodproofed to an elevation that is at least one foot above the BFE or 3' above the highest adjacent grade. Additional freeboard to 2' above the BFE may result in additional structure protection and savings on flood insurance and is strongly encouraged. 35. The building plan submittal shall show the below grade parking structure to be dry floodproofed per City and FEMA standards. The elevator designs and construction shall comply with the most current FEMA Technical Bulletin. 36. The building plan submittal shall show compliance with the Post Construction Stormwater Requirements as promulgated by the Regional Water Quality Control Board for redeveloped sites. Include a complete Post Construction Stormwater Control Plan Template as available on the City's Website. 37. An operations and maintenance manual will be required for the post-construction stormwater improvements. The manual shall be provided at the time of building permit application and shall be accepted by the City prior to building permit issuance. A private stormwater conveyance agreement will be required and shall be recorded prior to final inspection approvals. If a direct connection to the public storm drain is proposed, an annual and recurring inspection fee will be required in accordance with the storm drain connection fee schedule in effect at the time of the permit approvals/connection. 38. The building plan submittal shall show all existing and proposed trees with a trunk diameter of 3" or greater. Offsite trees along the adjoining property lines with canopies and/or root systems that extend onto the property shall be shown or referenced. The plans shall note the disposition of all trees. Include the diameter and species of all trees. Tree canopies should generally be shown to scale for reference. The plan shall show all existing and proposed street trees. Page 28 of 150 Resolution No. ARC-I 005-18 ARCH 2213-2015 (570, 578 & 590 Marsh & 581 Higuera Street) Page 9 39. The building plan submittal shall show all proposed new street trees to be 24" box minimum. Tree wells, grates and guards shall be in accordance with City Engineering Standards. Tree species and planting requirements shall be per City Engineering Standards. 40. The City Arborist supports the proposed tree removals with compensatory tree plantings. Compensatory trees shall be provided at a 1 to 1 ratio. Compensatory trees (24" box) may be planted on-site, in the public sidewalk, or at specific empty tree wells within the Downtown area. Alternate planting locations outside of the Downtown shall be approved to the satisfaction of the City Engineer and City Arborist. 41. Tree protection measures for the existing neighboring Walnut, Redwoods, and Ficus street trees shall be implemented to the satisfaction of the City Arborist. Tree protection measures shall comply with City's Engineering Standard Specifications. The existing neighboring Walnut tree canopy shall be pruned to match the amount of root pruning required for the project. The City Arborist shall review and approve the proposed tree protection measures prior to commencing with any demolition, grading, or construction. The City Arborist shall approve any safety pruning, the cutting of substantial roots, or grading within the dripline of trees on the property or on adjacent properties. A city-approved arborist shall complete safety pruning. Any required tree protection measures shall be shown or noted on the building plans. Transportation Division -Public Works Department 42. The building plan submittal shall show details of any gating facilities for the parking structure access control. All clearances for the gating mechanicals shall be accommodated with minimum ramp width maintained for vehicle access. 43. The building plan submittal shall show all parking spaces comply with City Engineering Standards 2230, 2240 and 2250. 44. Parking for employees and residents shall be marked per the zoning regulations to the satisfaction of the Community Development Director and the Public Works Director. The sentence in the "Basis of Design for the Parking Structure Component", submitted 2/6/17, "During the day when residents leave the facility to travel to work, that space is available to staff looking for parking" shall be deleted. 45. Building submittal shall show proposed signage for parking areas. Utilities Department 46. The project will be required to provide a plan for the disposal, storage, and collection of solid waste material for both the residential and commercial components of the project. The development of the plan shall be coordinated with San Luis Garbage Company. The plan must be submitted for approval by the City's Utilities Services Manager and the Community Development Director. Page 29 of 150 Resolution No. ARC-I 005-18 ARCH 2213-2015 (570, 578 & 590 Marsh & 581 Higuera Street) Page 10 47. In order to be reused, any existing sewer laterals proposed to serve the project must pass a video inspection, including repair or replacement, as part of the project. The CCTV inspection shall be submitted during the Building Permit Review Process for review and approval by the Utilities Department prior to issuance of a Building Permit. Existing laterals that are not proposed to be reused shall be abandoned at the City main consistent with City standards. 48. A new sewer lateral is proposed to serve the project. Any existing sewer lateral tied in along the Higuera, Nipomo, or Marsh Street project frontage must be abandoned at the main consistent with City standards as part of the project. Any sewer lateral that crosses one proposed parcel for the benefit of another shall provide evidence that a private utility easement appropriate for those facilities has been recorded prior to final Building Permit. 49. The property is served by a series of existing water meters. The project's Building Permit submittal shall clearly show the disposition of all existing water meters. For the proposed project, commercial and residential uses shall be metered separately. All residential units are to be individually metered. Privately owned sub-meters may be provided for residential condominiums upon approval of the Utilities Director or her/his designee. The CCR' s for the property/homeowner association shall require that the sub-meters be read by the association ( or a contracted service) and each condominium billed according to water use. Per Chapter 13 .4.120 of the City's Municipal Code, separate parcels will be supplied through individual water service connections and private service lines shall not cross parcel boundaries unless authorized by the Utilities Department. 50. During the declared drought emergency, the project's estimated total water use (ETWU) to support new landscaping shall not exceed 50 percent of maximum applied water allowance (MAW A). Information shall be submitted during the Building Permit Review Process for review and approval by the Utilities Department prior to issuance of a Building Permit to support required water demand of the project's proposed landscaping. On motion by Commissioner Rolph, seconded by Commissioner Smith, and on the following roll call vote: AYES: NOES: REFRAIN: ABSENT: RECUSED: Commissioner Rolph, Commissioner Smith, Commissioner Nemcik, Vice-Chair Soll and Chair Wynn. Commissioner Beller None None Commissioner Root The foregoing resolution was passed and adopted this 5th day of March 2018. Do~ Architectural Review Commission Page 30 of 150 LT101 T R E E P R O T E C T I O N P L A N JM JM/AS LM N: \ 2 0 0 0 \ 2 0 6 9 - 0 1 - R S 2 0 - 5 8 1 - H i g u e r a - 5 9 0 - M a r s h - M i x e d - U s e - C o n D o c s \ L a n d s c a p e - A r c h i t e c t u r e \ C o n D o c s \ S h e e t - F i l e s \ L T - 2 0 6 9 - 0 1 - R S 2 1 . d w g , L T 10 1 , O c t 0 7 , 2 0 2 1 9 : 4 5 a m , j r m i n n i c k PROJECT MANAGER DRAWN BY PROJECT NUMBER CHECKED BY SHEET OCTOBER 08, 2021 2069-01-RS21 DATE rrmdesign.com | (805) 543-1794 3765 S. Higuera, San Luis Obispo, CA 93401 NO.REVISION DATE 58 1 H I G U E R A S T R E E T SA N L U I S O B I S P O , C A 9 3 4 0 1 Tree Tag Botanical Name Common Name Diameter at Breast Height (in.)Disposition 10 Melaleuca quinquenervia paperbark 10.0 11 12 13 14 15 16 Maclura pomifera osage orange 29.0 17 pittosporum 6.0 18 5.0 19 4.0 20 4.0 21 5.5 22 5.0 Remove 23 ash 21.5 24 15.5 Remove 25 jacaranda 11.75 27 28 bradford pear 5.5 Remove 29 blue gum 5.5 30 Mexican fan palm 22.75 Remove 31 21.75 32 5.5 Remove 33 11.25 34 Brisbane box 11.25 35 18.0 Remove 36 20.0 Remove 37 12.0 INDICATES AN EXISTING TREE TO BE REMOVED TREE TAG NUMBER QUANTITY 36 12 8 EXISTING PROTECT PROPOSED Remove Remove Remain REMOVE 24 Pittosporum sp. Fraxinus sp. Jacaranda mimosifolia NOT USED Pyrus calleryana 'Bradford' Washingtonia robusta Lophostemon confertus 26 black walnut 25.0Juglans nigra Melaleuca quinquenervia paperbark 9.0 Remove Melaleuca quinquenervia paperbark 13.0 Remove Melaleuca quinquenervia paperbark 8.5 Remove Melaleuca quinquenervia paperbark 10.0 Remove Melaleuca quinquenervia paperbark 4.25 Remove Remove RemovepittosporumPittosporum sp. pittosporumPittosporum sp. pittosporumPittosporum sp. pittosporumPittosporum sp. pittosporumPittosporum sp. ashFraxinus sp. Remove Remain Remove Remove Remove Remove Remove Remove Pyrus calleryana 'Bradford' Mexican fan palmWashingtonia robusta Mexican fan palmWashingtonia robusta Mexican fan palmWashingtonia robusta Brisbane boxLophostemon confertus Indian laurel figFicus microcarpa RemoveMelaleuca quinquenervia paperbark NOTES 1. TREE INVENTORY, DISPOSITION, LOCATIONS, AND TAG NUMBERS PER APPROVED ENTITLEMENT DRAWINGS FOR THE SUBJECT PROPERTY, DATED 03/24/17 LEGEND 9 20.5 8 20.75 7 24.5 6 24.75 5 22.5 4 22.75 3 Sequoia sempervirens redwood 20.5 2 36.75 1 22.25 Remain 1"=20' Indian laurel figFicus microcarpa Indian laurel figFicus microcarpa Remain Sequoia sempervirens redwood Sequoia sempervirens redwood Sequoia sempervirens redwood Sequoia sempervirens redwood Sequoia sempervirens redwood Sequoia sempervirens redwood Remain Remain Remain Remain Remain Remain Remain Remain 0 20 40 60 feet TREE DISPOSITION TABLE EXISTING TREE INVENTORY PLAN CHECK #1 10/08/21 1 7UHH WR EH UHPRYHG Page 31 of 150 Page 32 of 150 Replacement tree well Page 33 of 150 Page 34 of 150 3203 LIGHTNING ST. SUITE 201 SANTA MARIA, CA 93455-1805 T: 805.349.9695 www.pleinairedg.com August 6, 2024 Mr. Walter Gault; Arborist City of San Luis Obispo Public Works Dept. 919 Palm Street San Luis Obispo, CA 93401-7314 RE: Removal Request for City Street Tree Located at 581 Higuera Dear Mr. Gualt: My client G3 Concepts has requested that I review the tree located at 581 Higuera St in the City of San Luis Obispo to determine if I can support removal of the tree. This City street tree is a Ficus macrocarpa ( https://selectree.calpoly.edu/tree-detail/609 ) commonly used in the Dowtown area. After reviewing the site conditions, the proposed building development and the amount of impacts to the tree I feel that the City would be best served by removal and replacement. I have come to that decision based on the following. 1.The tree has significantly outgrown the space it is planted in. There is a significant trip and fall hazard due to lifted sidewalks. There are patches of ac to reduce that hazard. But that is only a temporary fix and will need continued maintenance. The city is removing the street tree to the west because of a smaller trip and fall hazard. This one is much more significant. 2.The curb and gutter have been lifted also. There is a serious sharp edge on the curb that is a hazard to pedestrians and bicyclists. 3.The repairs needed to the sidewalk, curb and gutter will require a large amount of root pruning. It is unclear at this point without exploration how much that will destabilize the tree. Page 35 of 150 Page 2 of 2 In order to meet ADA compliance, the sidewalk will have to be lowered from its current state and this will require excavation of 10”-12” and root pruning to get to that grade. 4. The south facing façade of the building requires that caissons be drilled at the setback line of the building. This will also have an impact on the root structure. 5. The north side of the canopy will need to be pruned back 6’-8’ to clear the building face. This is a significant amount or canopy reduction that will not be able to grow back. Between the root pruning, caissons and canopy reduction there is the possibility that the tree becomes unbalanced and falls towards the street. My client is willing to remove the tree and plant two new ones similar to the ones directly across the street. Thereby helping to create a consistent street scene for the area and provide the next generation of trees for the city. I have attached pictures illustrating my comments and the original tree inventory for this project and tree removal application. Respectfully, Kevin J. Small PleinAire Design Group Landscape Architect CA-2929; NV-1180 ISA Certified Arborist WE-7333A American Society of Consulting Arborists CC (via e-mail): Attachment: site photos, tree inventory, removal application \\pleinaire420\Pleinaire Shared\Documents Files\Arborist Consulting\581 Higuera Street\581 Higuera tree removal request.docx Page 36 of 150 Lifted curb and sidewalk Page 37 of 150 Tree over gowing tree well Tree over gowing tree well Page 38 of 150 Approximate line of canopy removal Sharp edge hazard Page 39 of 150 Page 40 of 150 Proposed replacement plantingl �"· -; ,-... -���,=====�=:====1,��;==t-��-:-...:J�� �I I ,, I Page 41 of 150