HomeMy WebLinkAboutItem 5g - Request to Remove a Tree associated with SLO REP project 614 Monterey Street Item 5g
Department: Community Development
Cost Center: 4003
For Agenda of: 2/3/2026
Placement: Consent
Estimated Time: N/A
FROM: Timmi Tway, Community Development Director
Prepared By: Walter Gault, Urban Forestry Program Coordinator/ City Arborist
SUBJECT: REVIEW OF A REQUEST TO REMOVE ONE TREE ASSOCIATED WITH
THE SLO REP THEATRE PROJECT LOCATED AT 614 MONTEREY
STREET
RECOMMENDATION
Adopt a Draft Resolution entitled, “Resolution of the City Council of the City of San Luis
Obispo, California approving the removal of one (1) Coast Live Oak Tree at 614 Monterey
Street and subsequent replanting of one (1) tree on-site and four (4) trees off-site with an
Addendum to the Certified Environmental Impact Report.” (Attachment A)
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.
On November 12, 2019, the City Council reviewed and approved a project proposed by
SLO REP Theatre to build and operate a new performing arts facility located at 614
Monterey Street. The plans submitted as part of the planning application indicated that
the existing Coast Live Oak (Quercus agrifolia) on the site would be retained during
construction. Subsequently, it has been determined that the tree must be removed to
safely accommodate the project and streetscape (as further described herein), and
therefore, the tree removal request requires the review and approval of the City Council.
DISCUSSION
Background
Beginning in the early 1990s, the City Council gave direction to pursue the plans for a
new, expanded San Luis Obispo Little Theatre (now known as the San Luis Obispo
Repertory Theatre, or “SLO REP”) location near the corner of Monterey and Broad
Streets. On March 7, 2000, Council conceptually approved this new location; see Council
Agenda Report. In 2003, the City Council identified construction of the Palm Nipomo
Parking Structure (now named the Cultural Arts District Parking structure or “CADPS”) as
a Major City Goal work program item. In 2017, the Downtown Concept Plan (“DTCP”)
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Item 5g
showed the site plans for both the new theatre and the new parking structure co -located
together on the same City property (see Figure 3.4). SLO REP moved forward with
designing a new performing arts facility and a final design was reviewed and approved
by the City Council on November 12, 2019. The landscape plan approved as part of t he
final design showed that the Coast Live Oak (Quercus agrifolia) tree located at 614
Monterey was to be retained and protected in front of the new performing arts facility.
Although the DTCP and the approved SLO REP site plans both show the oak tree and
the area around the drip line of the tree as being retained, at that time it was not known
that the root structure of the tree extends far beyond the drip line throughout the SLO
REP site; furthermore, the root structure has already been impacted with the installation
of the frontage improvements along Monterey Street as part of the CADPS that are
intended to benefit both SLO REP and the CADPS.
Tree Removal Request
On August 3, 2025, building plans were submitted for review for the new SLO Rep
Theatre. As part of the building plans, an arborist report (see Attachment B) was included
that demonstrates that the existing 48 -inch diameter at breast height (DBH) Coast Live
Oak (Quercus agrifolia) is incompatible with the approved design of the theatre and
cannot be protected and retained in place. As such, SLO REP, the applicant, has
requested (Attachment C) to remove one (1) existing tree 48-inch DBH Quercus agrifolia
(Coast Live Oak) and replant one (1) 60-inch box Mandela Coral (Erythrina afra) tree on-
site in the same area of the existing oak tree (Attachment D, Onsite Landscape Plan) and
four (4) 24-inch box trees from the Approved City Tree List off-site along Nipomo Street
(Attachment E, Offsite Replanting Plan) to accommodate the construction of the
approved SLO REP Theatre design. The replacement ratio exceeds the one for one
requirement for compensatory tree planting (12.24.090.J).
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Item 5g
Project Analysis
As noted above, the applicant is requesting to remove one (1) existing 48 -inch DBH
Quercus agrifolia (Coast Live Oak) in order to construct the new SLO Rep Theatre. This
construction of the new theater will require approximately 35 percent of the tree’s canopy
to be removed (see Figure 2), and it will impact at least 86 percent of the critical root zone
(CRZ)1 (see Attachment B, page 9). The provided Arborist Report (Attachment B)
describes how the impacts of the proposed construction will affect the tree. Specifically,
the Arborist Report highlights the following:
The Quercus agrifolia has been determined to be in fair condition2. Condition
ratings are based on the health, structure and presence of disease or insects.
Condition ratings have 7 possible outcomes from Dead to Excellent. Fair is in the
middle. Fair typically indicates that there may have been past limb failures, some
pest and structural defects, deadwood is present and there is minor to moderate
drought stress present. In this condition, the tree is not as strong as it could be and
it is likely not as able to withstand and recover from the proposed impacts to its
canopy and root system than a tree exhibiting better health characteristics.
The proposed live canopy removal exceeds the City’s Municipal Code maximum
allowance of 1/3 (or approximately 30 percent) of the canopy (12.24.150.A(1)) and
exceeds the generally accepted maximum of 25 percent.
At a minimum, it is estimated that 86 percent of the CRZ will be impacted. The
arborist report notes that there is no standard or best management practice
threshold for CRZ impact, but practitioners commonly target impacting 25 percent
or less of the CRZ.
The Arborist Report concludes that, given the combination of canopy loss and the
impacts to the CRZ, it is unlikely that the oak tree will survive and thrive following
the construction of the performing arts facility.
When the preservation of a large tree is seriously considered during proposed
construction impacts, pathways for the tree recovery should be i dentified. Staff see little
opportunity for recovery from impacts and long-term survival, because all four sides of
the tree’s root zone are impacted and the tree’s ability to heal has been reduced.
1 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.
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Based on the information provided by the Arborist Report and consistency with the
General Plan and the Municipal Code, staff supports the removal of the Quercus agrifolia
because, as noted the tree is in fair health, and based on this assessment, the tree has
a reduced capacity to adjust to construction impacts and recover. Given the estimated
loss of canopy and impact to the CRZ, it is unlikely that the tree will survive construction
of the approved performing arts facility.
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 not a heritage tree and per Municipal Code Sect ion 12.24.090.G(7), it
has a lower preservation priority.
The proposed replanting plan exceeds the required minimum of 1:1 on -site or 2:1
off-site per Municipal Code Section 12.24.090.G(6). One (1) tree is proposed to be
replaced in a 20’ x 20’ area3 in the same location (Attachment D), and four (4)
additional trees are proposed off-site in the parkway at Palm and Nipomo Streets
(Attachment E).
Staff supports this proposed tree removal because the replanting plan is a robust attempt
to compensate for the loss of a large native tree with climate-adapted species that are
well-suited to the urban environment and available space.
3 A 20-foot square area will remain protected from construction impacts and development so that the
replacement tree has the best opportunity to establish. Street trees are typically planted in a 5’ x 5’ tree
well. A 20’ x 20’ space is a large planting area for an urban infill project and will help a large tree reach its
potential.
Figure 1: 35% Canopy reduction required.
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Consistency with General Plan
The City of San Luis Obispo General Plan (2015) integrates cultural arts across Land
Use, Economic Vitality, Parks and Recreation, Historic Preservation and Downtown
policies. The General Plan provides clear support for cultural arts facilities, particularly
when they:
Are located in Downtown or mixed-use areas
Contribute cultural vitality, tourism, and economic activity
Provide public gathering space and civic benefit
The General Plan does not prohibit tree removal outright, but it does establish a strong
presumption towards retention, especially for large or mature trees. Staff finds
consistency with the tree removal request because the compensatory replanting plan
substantially exceeds the minimum requirements and the Arborist Report documents the
likelihood that the tree will not survive following completion of construction of the project .
Previous Council or Advisory Body Action
July 17, 2018: Council adopted and certified the Environmental Impact Report
(EIR) for the project.
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 theater, based
on parameters set forth by the City Council.
November 12, 2019: Council reviewed and approved the design of the new SLO
Rep Theatre
December 10, 2024: Council reviewed and adopted a resolution with findings to
support the execution of a lease agreement with the San Luis Obispo Repertory
Theater.
April 15, 2025: Council reviewed and approved the removal of an Afrocarpus
falcatus tree on the site associated with the construction of the Cultural Arts District
Parking Structure project, and authorized the City Arborist to develop a Tree
Replanting Plan to offset the impacts to the City’s Urban Forest in accordance with
the Cultural Arts District Parking Structure Tree Protection Plan.
Public Engagement
The proposed tree removal was noticed in accordance with Municipal Code Section
12.24.090.I which requires that a sign be posted at the site in a prominent location visible
from the public right-of-way for at least five (5) days prior to a decision.
CONCURRENCE
This recommendation has been reviewed by the City’s Arborist , Sustainability & Natural
Resources Official, and the Community Development Director who recommend the tree
be removed and replaced at a ratio that will offset the impacts to the City’s Urban Forest.
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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, adopted the following CEQA Findings and Mitigation Measures
related to the Palm Nipomo Parking Structure Project, and made a Statement of
Overriding Considerations. The adopted FEIR identified that the project will result in
significant and unavoidable impacts to: 1) Aesthetics – The scale and massing of the
parking structure interrupting the transition from the Dana Street grouping of historic
resources from the remainder of the Downtown Historic District to the east; 2) Cultural
and Tribal Cultural Resources – Removal of two historic resources from the project site;
and 3) Noise – Short- term construction noise. The FEIR also found that there would be
significant impacts that can be mitigated to less than significan t in the categories of
aesthetics, cultural and tribal cultural resources, transportation, air quality, biological
resources, geology and soils, and hazardous materials. Some impacts related to
aesthetics, cultural resources, noise, and transportation were found to be less than
significant.
An addendum to the previously certified EIR has been prepared in accordance with CEQA
Section 15164(a) that states, “The lead agency or responsible agency shall prepare an
addendum to a previously certified EIR if some changes or additions are necessary but
none of the conditions described in Section 15162 calling for preparation of a subsequent
EIR have occurred” (see Attachment F, Addendum to the Final EIR). This Addendum
incorporates the additional analysis for inclusion in the environmental record. The
updated analysis does not materially change the findings and conclusions of the Final
EIR, making a Subsequent EIR unnecessary pursuant to Section 15162 of the State
CEQA Guidelines.
The Palm Nipomo Parking Structure project is proposed to remain the same as the
project assessed in the adopted FEIR; however, the project now proposes to remove
one existing, 48-inch DBH Coast Live Oak (Quercus agrifolia) that was originally to be
retained and replant one (1) tree onsite in the same area of the existing oak and four (4)
trees offsite in the immediate vicinity to allow the theatre to be constructed as intended.
The oak tree has not been identified as a ‘significant tree’ and is therefore not subject to
the requirements set forth in the City’s Conservation and Open Space Element. The
change in the project to remove the oak tree would not alter any of the impacts as
compared to the approved project covered in the Final EIR and would not result in new
or significantly increased environmental impacts. Thus, the potential biological
resources impacts associated with the tree removal would be less than significant .
FISCAL IMPACT
Budgeted: N/A Budget Year: 2025-26
Funding Identified: N/A
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Item 5g
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund N/A
State
Federal
Fees
Other:
Total N/A
There are no fiscal impacts related to the proposed tree removal. All costs associated
with any removal and subsequent replanting of new trees will be covered by the applicant.
ALTERNATIVES
1. Continue the request. An action to continue the item should include a list of additional
information or analysis required to make a decision. Should Council pursue this option,
the applicant’s project may be delayed. The applicant has specifically timed the
beginning of construction on the theatre to start in spring 2026 once construction of
the CADPS is complete and in alignment with the lease agreement with the City.
2. Council could deny the request to remove the tree . Should Council pursue this
option, the applicant’s project would be significantly impacted. The existing tree ’s
critical root zone (CRZ) substantially conflicts with the planned location and
construction of the approved SLO REP Theatre and would require extensive redesign.
This redesign would result in an extensive delay to the project schedule, postpone the
final completion and opening of the theatre, and reduce the size the theatre to the
extent that it no longer meets project objectives and financial projections based on
seating numbers and theatre offerings.
It is also important to note that if the tree removal request is denied, the tree may still
need to be removed at a later date due to the decline in health from the partial impacts
to the CRZ that have already occurred with the installation of the frontage
improvements along Monterey Street intended to benefit both SLO REP and the
CADPS and the larger Cultural Arts District streetscape. While the tree is not currently
an immediate hazard, the extent of the proposed impacts raises concerns about the
tree’s long-term health and its ability to sustain itself.
ATTACHMENTS
A - Draft Council Resolution approving the removal of one oak tree (TREE-0827-2025)
B - SLO REP Arborist Report
C - Tree Removal Application 614 Monterey
D - Onsite Landscape Plan
E - Offsite Replanting Plan
F - Addendum to the Final EIR
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Item 5g
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RESOLUTION NO. _____ (2026 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA APPROVING THE REMOVAL OF ONE (1)
COAST LIVE OAK TREE AT 614 MONTEREY AND SUBSQUENT
REPLANTING OF ONE (1) TREE ON-SITE AND FOUR (4) TREES
OFFSITE WITH AN ADDENDUM TO THE CERTIFIED
ENVIRONMENTAL IMPACT REPORT AS REPRESENTED IN THE
COUNCIL AGENDA REPORT AND ATTACHMENTS DATED
FEBRUARY 3, 2026 (TREE-0827-2025).
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 12, 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, San Luis Obispo Repertory Theatre, the applicant, has requested to
remove one (1) existing 48-inch DBH Quercus agrifolia (Coast Live Oak) tree and replant
one (1) 60-inch box tree on-site in the same area of the existing oak tree and four (4) 24-
inch box trees off-site to accommodate the construction of the approved SLO REP
Theatre; and
WHEREAS, pursuant to San Luis Obispo Municipal Code Section 12.24.090.F(5),
the City Council is the appropriate approval authority to review the requested removal of
the Coast Live Oak tree; and
WHEREAS, the City Council of the City of San Luis Obispo has duly considered
all evidence, including recommendations by staff; and
WHEREAS, notices of said public hearings were made at the time and in the
manner required by law; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. The City Council hereby grants approval for the tree
removal request (TREE-0827-2025), based on the following findings:
1. The proposed tree removal request is consistent with Municipal C ode Section
12.24.090(G) because the proposed removal includes a compensatory replanting
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Resolution No. ____ (2026 Series)
plan that exceeds the minimum one for one requirement by planting a total of five
(5) new trees.
2. The proposed tree removal request is consistent with Municipal Code Section
12.24.090(G) and Conservation and Open Space Policy 7.5.3 because the
proposed removal is not a Heritage Tree and is not protected.
3. As conditioned, the proposed tree removal request is consistent with Municipal
Code Section 12.24.090(J) because the proposed tree removal will be
compensated by planting one (1) new tree onsite and four (4) new trees offsite.
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, adopted the following CEQA
Findings and Mitigation Measures related to the Palm Nipomo Parking Structure Project,
and made a Statement of Overriding Considerations. The adopted FEIR identified that
the project will result in significant and unavoidable impacts to: 1) Aesthetics – The scale
and massing of the parking structure interrupting the transition from the Dana Street
grouping of historic resources from the remainder of the Downtown Historic District to the
east; 2) Cultural and Tribal Cultural Resources – Removal of two historic resources from
the project site; and 3) Noise – Short- term construction noise. The FEIR also found that
there would be significant impacts that can be mitigated to less than significant in the
categories of aesthetics, cultural and tribal cultural resources, transportation, air quality,
biological resources, geology and soils, and hazardous materials. Some impacts related
to aesthetics, cultural resources, noise, and transportation were found to be less than
significant.
An addendum to the previously certified EIR has been prepared in accordance with CEQA
Section 15164(a) that states, “The lead agency or responsible agency shall prepare an
addendum to a previously certified EIR if some changes or additions are necessary but
none of the conditions described in Section 15162 calling for pre paration of a subsequent
EIR have occurred”. This Addendum incorporates additional analysis for inclusion in the
environmental record. The updated analysis does not materially change the findings and
conclusions of the Final EIR, making a Subsequent EIR unnecessary pursuant to Section
15162 of the State CEQA Guidelines.
The Palm Nipomo Parking Structure project is proposed to remain the same as the project
assessed in the adopted FEIR; however, the project now proposes to remove one
existing, 48-inch DBH Coast Live Oak (Quercus agrifolia) that was originally to be retained
and replant one (1) tree onsite in the same area of the existing oak and four (4) trees
offsite in the immediate vicinity to allow the theatre to be constructed as intended. The
oak tree has not been identified as a ‘significant tree’ and is therefore not subject to the
requirements set forth in the City’s Conservation and Open Space Element. The change
in the project to remove the oak tree would not alter any of the impacts as compared to
the approved project covered in the Final EIR and would not result in new or significantly
increased environmental impacts. Thus, the potential biological resources impacts
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Resolution No. ____ (2026 Series)
associated with the tree removal would be less than significant.
SECTION 3. Action. The City Council hereby grants final approval to the request
with incorporation of the following conditions:
1. The tree removal(s) for the site shall include one (1) 48-inch DBH Quercus
agrifolia (Coast Live Oak) requested by the applicant in application TREE-0827-
2025.
2. The replanting plan shall consist of, at a minimum, five (5) trees and at least one
(1) tree shall be planted onsite and at least four (4) trees shall be planted and
established offsite in a location to the satisfaction of the City Arborist. The
replanted trees shall be 24-inch box or larger. 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.
3. Tree removal shall be completed in compliance with all appropriate mitigation
measures contained in the 2018 Certified FEIR. Building plans shall include the
contact information for the certified arborist involved with the removal and
replanting of the new tree on-site. The building plans shall also include landscape
plans showing the location of the new trees to be replanted, species and size to
the satisfaction of the City Arborist.
4. All trees shall be planted per the City’s Engineering Standards for Street Trees
prior to final building permit approval. All trees planted as part of the replanting
plan shall survive and any trees that do not survive shall be replanted.
Upon motion of Council Member ___________, seconded by Council Member
___________, and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this 3rd day of February 2026.
___________________________
Mayor Erica A. Stewart
ATTEST:
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Resolution No. ____ (2026 Series)
______________________
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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WATERING BAG SYSTEM SCHEMATIC DETAIL DeWitt DEW Right Tree Watering Bag - 15gallonA. WATERING BAG SHALL BE INSTALLED PER MANUFACTURER RECOMENDATION. B. THE WATERING BAG IS DESIGNED TO PROVIDE A DRIP IRRIGATION SYSTEM DIRECTLY TO THE TREE ROOTS OVER AN EXTENDED PERIODS OF TIME. THE BAG IS SELECTED TO PREVENT WATER RUNOFF AND EVAPORATION. C. ONE BAG SHALL FIT 3" DIA TREED. BAG IS TYPICALLY EMPTIED WITHIN 5-8HOURS AND SHOULD BE REFILLED AT MINIMUNM ONCE EVERY SEVEN DAYS.$June 30, 2026LICENSEDLANDSCAPEARCH IT E C T CALIFORNIAOFETATSLINDSAY A CORICANO. 635910/10/25SignatureExpiration DateDateSan Luis Obispo Repertory TheaterPLANTING PLANFIRMA CONSULTANTS, INCLandscape ArchitecturePlanningEnvironmental StudiesPrincipal: Lindsay Corica ASLACA Registration No. 6359Phone: 805.781.9800 PO BOX 4404San Luis Obispo, CA 93403firmaconsultants.comREVISIONPROJECT:JOB NO:22044PLAN CHECK: SHEETL3.0Monterey StreetSan Luis Obispo, CADATEÀUPDSHEET TITLE:LAST MODIFIED:10/10/25OFF SITE MITIGATION2CAS LEP24"B1CHI TAK24"B1CHI TAK24"B10'0SCALE: 1" = 10'-0"50'10'20'40'NORTHLOCATION MAP NIPOMO STREET SAN LUIS OBISPOsource: City of SLO Parcel Viewer PROPOSED TREEPLANTING AREANIPOMO STREET PROJECTSITEP A L M S T R E E T N I P O M O S T R E E T MONTEREY STPALMNIPO
M
O STMISSION PREPHIGH SCHOOLSPORTS FIELDS NORTHBARK MULCH,TYPICALDRB DRBDRB DRB++++PERFORMANCE SPECIFICATION: OFF SITE MITIGATION TREES (1) TREE ESTABLISHMENT PERIOD SHALL BE FIVE YEARS. (2) REFER TO ARBORIST LETTER DATED Sept 24, 2025 (3) IRRIGATE TREE MANUALLY, AT WEEKLY INTERVAL MAY THROUGH OCTOBER (4) SLO REP THEATER IS RESPONSIBLE FOR IRRIGATION AND ESTABLISHMENT OF PROPSOED TREES ANY DEAD TREE SHALL BE REPLACED BY SLO REP. (5) LANDSCAPE ARCHITECT, PROJECT MANAGER OR CITY ARBORIST SHALL REVIEW TREES AT TIME OF INSTALLATION AND PROVIDE A LETTER TO CITY REGARDING THE COMMENCEMENT OF ESTABLISHMENT PERIOD (6) ONGOING MONITORING SHALL BE CONDUCTED BY SLO REP THEATER+OFF SITE MITIGATION PLANTING PLANT LIST IDSIZEBOTANICAL NAMECOMMON NAMEQUANTITYTREESCAS LEP24"BCASSIA LEPTOPHYLLA GOLD MEDALLION TREE2CHI TAK24"BCHITALPA TASHKENTENSIS 'MORNING CLOUD'MORNING CLOUD CHITALPA2MULCH$33/<0,1,080/$<(5%$5.08/&+$5($81'(575(( )7;)70,1 :$7(5,1*%$*,167$//3(50$18)$&785(55(&&20(1'$7,21 727$/ DRB'((35227%$55,(55(48,5(',167$//3(5'(7$,/6OCTOBER 2025TREE REMOVAL APP.Page 116 of 185
,55,*$7,21'(7$,/6)255()(5(1(21/<127( 216,7(0,7,*$7,2175((66+$//%(,55,*$7('$8720$7,&$//<9,$'((35227:$7(5,1*6<67(0 '(7$,/%(/2: 2))6,7(0,7,*$7,2175((66+$//%(:$7(5('0$18$//<%<6/25(3&2175$&7256+$//$33/<25*$1,&$1',125*$1,&)(57,/,=(53(5'(7$,/%(/2:'((35227%$55,(565(48,5(')25$//2))6,7(75((6'(7$,/%(/2:Page 117 of 185
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ADDENDUM TO
THE CERTIFIED FINAL ENVIRONMENTAL IMPACT REPORT
FOR THE CITY OF SAN LUIS OBISPO
PALM NIPOMO PARKING STRUCTURE PROJECT
JANUARY 2026
A. INTROUCTION
This document is an Addendum to the Final Environmental Impact Report (EIR)
prepared for the Palm Nipomo Parking Structure Project (SCH# 2017051011). The
EIR was certified by the City of San Luis Obispo on July 17, 2018. The Addendum is
intended to bring the existing California Environmental Quality Act (CEQA)
documentation as up to date as appropriate, based on minor changes to the
approved project. Because there are no new or more severe significant impacts or
mitigation measures as a result of this updated analysis, an Addendum is the
appropriate CEQA document.
B. ADDENDUM REQUIREMENTS
The Addendum has been prepared in accordance with the relevant provisions of
CEQA and the State CEQA Guidelines as implemented by the City of San Luis
Obispo. According to Section 15164(a) of the State CEQA Guidelines, “The lead
agency or responsible agency shall prepare an addendum to a previously certified
EIR if some changes or additions are necessary but none of the conditions described
in Section 15162 calling for preparation of a subsequent EIR have occurred.” Section
15162(a) of the State CEQA Guidelines states that no subsequent EIR shall be
prepared for a project unless the lead agency determines, on the basis of substantial
evidence in the light of the whole record, one or more of the following:
1) Substantial changes are proposed in the project which will require major
revisions of the previous EIR or Negative Declaration due to the involvement of
new significant environmental effects or a substantial increase in the severity of
previously identified significant effects;
2) Substantial changes occur with respe ct to the circumstances under which the
project is undertaken which will require major revisions of the previous EIR or
Negative Declaration due to the involvement of new significant environmental
effects or a substantial increase in the severity of previo usly identified
significant effects; or
3) New information of substantial importance, which was not known and
could not have been known with the exercise of reasonable diligence at
the time the previous EIR or Negative Declaration was adopted, shows
any of the following:
A. The project will have one or more significant effects not discussed in
the previous EIR or Negative Declaration;
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B. Significant effects previously examined will be substantially more severe
than shown in the previous EIR or Negative Declaration;
C. Mitigation measures or alternatives previously found not to be feasible
would in fact be feasible, and would substantially reduce one or more
significant effects of the project, but the project proponents decline to
adopt the mitigation measure or alternative; or
D. Mitigation measures or alternatives which are considerably different from
those analyzed in the previous EIR or Negative Declaration would
substantially reduce one or more significant effects on the environment, but
the project proponents decline to adopt the mitigation measure or
alternative.
This Addendum does not require circulation because it does not provide significant
new information that changes the certified EIR in a way that deprives the public of a
meaningful opportunity to comment upon a substantial adverse environmental effect
of the project or a feasible way to mitigate or avoid such an effect.
This Addendum includes this introduction, a description of the proposed actions
addressed in the Addendum as they relate to the original project, and an evaluation
that concludes that no new or more severe impacts would result. The City shall
consider this Addendum with the certified Final EIR as part of the approval of the
amended project.
The CEQA documentation for this project, including this Addendum and certified Final
EIR, is available for review at the Community Development Office, located at 919
Palm Street, San Luis Obispo, California. It is also available on the City’s website at:
https://www.slocity.org/government/department-directory/community-
development/documents-online/environmental-review-documents/-folder-
1903#docfold_14_4356_1767_1903
C. PREVIOUS CEQA DOCUMENTATION
An EIR was prepared for the original Palm Nipomo Parking Structure Project and
circulated for public and agency review in 2018. The Final EIR was adopted with a
decision to proceed with the project by the City of San Luis Obispo on July 17, 2018.
A Notice of Determination (NOD) was prepared, and there were no legal challenges to
the adequacy of the Final EIR during the 30-day statute of limitations associated with
the NOD, pursuant to CEQA (Public Resources Code Section 21167 and CEQA
Guidelines Section 15094).
D. REASONS WHY AN ADDENDUM IS APPROPRIATE
Since adoption of the EIR and the decision to proceed with the project by the City of
San Luis Obispo on July 17, 2018, a change to the project description has occurred.
This document is an Addendum to the Final EIR to document the updated project
description, so that the Final EIR, with the most recent project information, may be
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used by the City for purposes of its environmental review. This Addendum
incorporates the additional analysis for inclusion in the environmental record. The
updated analysis does not materially change the findings and conclusions of the Final
EIR, making a Subsequent EIR unnecessary pursuant to Section 15162 of the State
CEQA Guidelines.
E. UPDATED PROJECT ELEMENTS
As amended, the construction and operation of the approved above -ground, five-level
parking structure, non-profit theater, and 5,000 square feet of commercial space
would continue to be developed in the same location on the project site as the original
project as described in the EIR.
The non-profit theater is now proposing to remove one existing, 48-inch DBH Coast
Live Oak (Quercus agrifolia) that was originally to be retained and replant one (1) tree
onsite in the same area of the existing oak tree and four (4) trees offsite in the
immediate vicinity. Tree species selected would include but would not be limited to
selections from the Approved City Tree List.
F. UPDATED ENVIRONMENTAL IMPACT ANALYSIS
This section addresses the updates to the impact analysis in the EIR as a result of
the project changes described above. As described in the EIR, the Palm Nipomo
Parking Structure project would result in signif icant and unavoidable impacts with
respect to alteration of the architectural visual character of the neighborhood,
demolition of historic resources, and construction noise. All other impacts were
determined to be less than significant with mitigation or less than significant/no
impact.
In 2018, the Final EIR analyzed that the site did not provide suitable habitat for
wildlife and the surrounding urban uses would act as barriers to wildlife movement. It
is not located in any wildlife corridors or potential wildlife corridors identified within the
City’s General Plan Conservation and Open Space Element. However, trees on the
site may support nesting birds protected under the Migratory Bird Treaty Act. The
removal of trees and general construction activity may affect protected nesting birds.
As such, the 2018 Final EIR found that the proj ect would have less than significant
impact with the implementation of Mitigation Measure BIO-1. As noted above, the oak
tree is not located on a site that is suitable for wildlife because it is located on a
developed, urban site that is not connected or part of any wildlife areas or corridors.
The removal of the oak tree would be subject to this same mitigation (listed below) as
other tree removals on the site.
Mitigation Measure BIO-1
Nesting Bird Protection. To avoid disturbance of nesting and special-status
birds, activities related to the project, including, but not limited to, vegetation
removal, ground disturbance, and construction and demolition shall occur
outside of the bird breeding season (typically February through August in the
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project region). If construction must begin within the breeding season, then a
pre-construction nesting bird survey shall be conducted no more than 3 days
prior to initiation of ground disturbance and vegetation removal activi ties. The
nesting bird pre-construction survey shall be conducted within the Project
Boundary, including a 300-foot buffer (500-foot for raptors), on foot, and within
inaccessible areas (i.e., private lands) afar using binoculars to the extent
practical. The survey shall be conducted by a biologist familiar with the
identification of avian species known to occur in the area. If nests are found, an
avoidance buffer (which is dependent upon the species, the proposed work
activity, and existing disturbances associated with land uses outside of the site)
shall be determined and demarcated by the biologist with bright orange
construction fencing, flagging, construction lathe, or other means to mark the
boundary. All construction personnel shall be notified as to the existence of the
buffer zone and to avoid entering the buffer zone during the nesting season. No
ground disturbing activities shall occur within this buffer until the avian biologist
has confirmed that breeding/nesting is completed and the young have f ledged
the nest. Encroachment into the buffer shall occur only at the discretion of the
qualified biologist
The 2018 Final EIR noted that the project design included the preservation of the oak
tree on the southeastern edge of the site. The document discusses that if any
existing trees on the site were to be identified as a ‘significant tree,’ and the project
was to determine that any of the ‘significant trees’ would need to be removed, they
would be subject to criteria and mitigation requirements set forth in the City’s
Conservation and Open Space Element, Section 8.6.3. As noted in the project
changes, the oak tree is proposed for removal. The oak tree has not been identified
as a ‘significant tree’ and is therefore not subject to the requirements set forth in the
City’s Conservation and Open Space Element.
The change in the project to remove the oak tree would not alter any of the impacts
as compared to the approved project covered in the Final EIR and would not result in
new or significantly increased environmental impacts. Thus, the potential biological
resources impacts associated with the tree removal would be less than significant.
G. DETERMINATION
In accordance with Section 15164 of the State CEQA Guidelines, the City of San Luis
Obispo has determined that this Addendum to the certified Final EIR is necessary to
document changes that have occurred regarding tree removal for the project site
since the Final EIR was originally certified. The City has reviewed and considered the
information contained in this Addendum and finds that no new or more severe
environmental impacts would occur as a result of the project changes. Accordingly,
the preparation of subsequent CEQA analysis that would require public circulation is
not necessary.
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1
REVIEW OF A REQUEST TO REMOVE ONE TREE
ASSOCIATED WITH THE SLO REP THEATRE
PROJECT LOCATED AT 614 MONTEREY
City Council
February 3, 2026
2
(1) 48-inch DBH Coast Live Oak
Tree Removal Request
3
Tree Removal Request
4
SLO REP Theatre
Tree Removal Request
5
Compensatory Tree Species: Mandela’s Coral
6
7
Compensatory Tree Species: Gold Medallion
8
Compensatory Tree Species: Chitalpa
9
Adopt a Draft Resolution entitled, “Resolution of the City Council
of the City of San Luis Obispo, California approving the removal
of one (1) Coast Live Oak Tree at 614 Monterey Street and
subsequent replanting of one (1) tree on-site and four (4) trees
off-site with an Addendum to the Certified Environmental Impact
Report.”
Recommendation
10
Since the early 1990s, the City has been working
towards a new theatre near Monterey and Broad:
•2000: Council conceptually approved this new
location
•2003: Council identified construction of the Palm
Nipomo Parking Structure (CADPS) as a Major City
Goal
•2017: Downtown Concept Plan (DTCP) showed the
site plans for both theater and parking structure
Background
11
•November 12, 2019: Final Design of a new
performing arts facility was reviewed and approved by
City Council.
•August 3, 2025: Building plans were submitted for the
new SLO Rep Theatre.
Background
12
Section: 12.24.090.G
1.The tree is not a heritage tree and per Municipal Code
Section 12.24.090.G(7), it has a lower preservation priority.
2.The proposed replanting plan exceeds the required minimum
of 1:1 on-site or 2:1 off-site per Municipal Code Section
12.24.090.G(6).
Policy Consistency: Municipal Code
13
Clear support with cultural arts facilities located
downtown that contribute to cultural vitality, tourism and
economic activity and provide a public gathering space
and civic benefit.
Policy Consistency: General Plan
14
•The tree is in fair health and based on this
assessment, the tree has a reduced capacity to adjust
to construction impacts and recover.
•With the estimated loss of canopy and impact to the
CRZ, it is unlikely that the tree will survive
construction of the approved performing arts facility.
•The replanting plan is a robust attempt to compensate
for the loss of a large native tree.
Analysis
15
•In 2018 the City Council certified the Final Environmental
Impact Report for the Palm Nipomo Parking Structure Project.
•An addendum to the previously certified FEIR has been
prepared in accordance with CEQA because the changes to
the project to remove an existing tree does not materially
change the findings and conclusions of the Final EIR, making
a Subsequent EIR unnecessary pursuant to Section 15162 of
the State CEQA Guidelines.
Environmental Review
16
In accordance with 12.24.090(F)(5), the tree removal
request requires the review and approval of City Council
because City Council reviewed and approved a new
performing arts facility located at 614 Monterey Street on
November 12, 2019.
The plans submitted as part of the planning application
indicated that the existing Coast Live Oak (Quercus
agrifolia) on the site would be retained during
construction. Subsequently, it has been determined that
the tree must be removed to safely accommodate the
project and streetscape.
Policy Context