HomeMy WebLinkAboutPC-1113-2025 (TREE-0892-2025 -- 590 Marsh)RESOLUTION NO. PC-1113-2025
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.
Resolution No. PC-1113-25
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 separate 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 fledged. If
removing trees during the nesting season (February 1st to August 31st), a
qualified biologist shall inspect any trees marked for removal that contain nests to
determine if the nests are active. If there are active nests, trees shall not be
removed and may only be removed once a qualified biologist provides a
confirmation memo that breeding / nesting is completed, and young have fledged
the nest prior to removal of the tree to the satisfaction of the Community
Development Director or City Biologist.
Resolution No. PC-1113-25
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 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.
Upon motion by Commissioner Cooley, seconded by Commissioner Munoz-Morris,
and on the following roll call vote:
AYES: Cooley, Munoz-Morris, Flores, Kahn, Jorgesen, Tolle
NOES:
RECUSED:
ABSENT: Houghton
The foregoing resolution was passed and adopted on the 10th day of December, 2025.
__________________
Tyler Corey, Secretary
Planning Commission