The URL can be used to link to this page

Home My WebLink AboutR-11626 approving the removal of (1) Coast Live Oak tree at 614 Monterey and Subsequent Replanting oR 11626 RESOLUTION NO. 11626 (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. 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 Code Section 12.24.090(G) because the proposed removal includes a compensatory replanting plan that exceeds the minimum one for one requirement by planting a total of five (5) new trees. Docusign Envelope ID: 6D0AF81B-32F0-4DA0-8017-6F17C8E04668 Resolution No. 11626 (2026 Series) Page 2 R 11626 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, t ransportation, 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”. This Addendum incorporates additional analysis for inclusion in the environmental record. The updated analysis does not materially change the fi ndings 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. Docusign Envelope ID: 6D0AF81B-32F0-4DA0-8017-6F17C8E04668 Resolution No. 11626 (2026 Series) Page 3 R 11626 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. Docusign Envelope ID: 6D0AF81B-32F0-4DA0-8017-6F17C8E04668 Resolution No. 11626 (2026 Series) Page 4 R 11626 Upon motion of Council Member Boswell, seconded by Mayor Stewart, and on the following roll call vote: AYES: Council Member Boswell, Shoresman, Vice Mayor Francis, and Mayor Stewart NOES: Council Member Marx ABSENT: None The foregoing resolution was adopted this 3rd day of February 2026. ___________________________ Mayor Erica A. Stewart ATTEST: ______________________ Teresa Purrington City Clerk APPROVED AS TO FORM: ______________________ J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on ______________________. ___________________________ Teresa Purrington City Clerk Docusign Envelope ID: 6D0AF81B-32F0-4DA0-8017-6F17C8E04668 2/9/2026 | 9:38 AM PST