HomeMy WebLinkAboutItem 10 - Review of Palm Nipomo Parking Structure and Performing Arts Facility (SLO Rep)Department Name: Community Development
Cost Center:
For Agenda of:
Placement:
Estimated Time:
4003
November 12, 2019
Public Hearing
90 minutes
FROM: Michael Codron, Community Development Director
Prepared By: Rachel Cohen, Associate Planner
SUBJECT: REVIEW OF A NEW 23,344-SQUARE FOOT PERFORMING ARTS
FACILITY AND A NEW 162,909-SQUARE FOOT PARKING STRUCTURE
WITH 404 PARKING SPACES, INCLUDING ARCHITECTURAL REVIEW, A
GENERAL PLAN AMENDMENT CHANGING THE PROJECT SITE FROM
OFFICE AND MEDIUM-HIGH DENSITY RESIDENTIAL TO GENERAL
RETAIL, A ZONE CHANGE FROM OFFICE WITH A HISTORIC DISTRICT
OVERLAY (O-H) AND MEDIUM-HIGH DENSITY RESIDENTIAL (R-3) TO
DOWNTOWN COMMERCIAL ZONE WITH A HISTORIC OVERLAY (C-D-
H), A DEVIATION TO THE HEIGHT AND FLOOR AREA RATIO
MAXIMUM FOR THE PARKING STRUCTURE, AND USE PERMITS TO
ALLOW A PERFORMING ARTS FACILITY AND A PARKING
STRUCTURE WITHIN THE DOWNTOWN COMMERCIAL ZONE WITH AN
ADDENDUM TO THE PREVIOUSLY CERTIFIED FINAL
ENVIRONMENTAL IMPACT REPORT (EID-0349-2017) TO ADDRESS THE
REZONE AND GENERAL PLAN AMENDMENT FOR THE PROJECT.
RECOMMENDATION
1.Adopt a Resolution (Attachment A) approving the project; and
2.Introduce an Ordinance (Attachment B) rezoning the property for the proposed uses.
REPORT-IN-BRIEF
Two new structures are being proposed on the subject properties. SLO Repertory Theatre (SLO
Rep Theatre) is proposing a new 23,344-square foot performing arts facility with two
performance spaces, rehearsal space, workshop and storage areas, lobby, a balcony and roof deck
and administrative offices (Attachment C). The City of San Luis Obispo is proposing a new
162,909-square foot parking structure with 404 parking spaces (Attachment D). The proposed
project requires review of the following:
1.Architecture;
2.A General Plan Amendment changing the project site from Office and Medium-High
Density Residential to General Retail;
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3. A zone change from Office with a Historic District Overlay (O-H) and Medium-High
Density Residential (R-3) to Downtown Commercial Zone with Historic Overlay (C-D-H);
4. Exception to the height and floor area ratio for the parking structure;
5. Use permits to allow a theater, parking structure, and ground floor residential within the
Downtown Commercial zone; and
6. An addendum to the certified Final Environmental Impact Report (FEIR).
The architectural design of project was reviewed by the Architectural Review Commission
(ARC), the Cultural Heritage Committee (CHC), for consistency with the Community Design
Guidelines and the Historic Preservation Program Guidelines respectively. The ARC provided
comments to the applicants and ultimately recommended the Planning Commission recommend
approval of the architecture. The CHC recommended the Planning Commission find the Parking
Structure architectural designs compatible with the Downtown Historic District and continued
the review of the Heyd Adobe and the SLO Rep Theater components of the project with
direction. The Planning Commission considered the recommendations from the ARC and CHC
as well as reviewed the other project components listed above.
After reviewing the project and receiving public comment, the Planning Commission
recommends the City Council approve the proposed Palm Nipomo Parking Structure project and
recommends the forthcoming building that will line the parking structure include residential
units, based on the architectural concept that was presented at the October 23, 2019 Planning
Commission meeting. The Planning Commission made a second motion and recommends the
Council consider developing a process to identify parties to move the adobe and find creative
adaptation for its use (Attachments E and F).
DISCUSSION
Site Data
Applicant SLO Rep and City of SLO
Representative SLO Rep – Bryce Engstrom
City of SLO – Richard Burde
Zoning O-H (Office-Historic District Overlay)
and R-3 (Medium-High Density
Residential)
General Plan Office and Medium-High Residential
Site Area 1.38
Environmental
Status
Certified FEIR and an Addendum
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Background
In 2003 the City Council identified constructing the Palm Nipomo Parking Structure as a Major
City Goal. Since that time, City staff has worked with the Council and the public in a variety of
study sessions, meetings, and workshops to assemble properties, refine the design and conduct an
environmental review of the overall project (Attachment G). Through the design process, the
project was expanded to include a performing arts theater. The Parking Structure and Theatre
have been included most recently in the Downtown Concept Plan 2017 update.
Previous Council or Advisory Body Action
The Architectural Review Commission (ARC), Cultural Heritage Committee (CHC), Planning
Commission (PC) and City Council have been involved in various components of review of the
proposed project. Below is the recent background of the advisory bodies that have been involved
in the entitlement process to date.
• October 23, 2019 – Planning Commission reviewed the project and recommended that
the City Council approve the project as proposed and made a recommendation that the
forthcoming building that will line the parking structure include residential units, based
on the architectural concept that was presented at the October 23, 2019 Planning
Commission meeting. The Planning Commission made a second motion and
recommended the Council consider developing a process to identify parties to move the
adobe and find creative adaptation for its use.
• September 23, 2019 – CHC reviewed the proposed project plans and recommended the
PC find the Palm Nipomo parking structure compatible with the Downtown Historic
District. They recommended continuance on the review of the Heyd Adobe component of
the project and continuance of the review of the facade design of the SLO Rep Theatre.
• September 16, 2019 – ARC reviewed the revised plans that incorporated their direction
and made a recommendation that the PC find the project consistent with the Community
Design Guidelines with direction that the applicant of the SLO Rep Theatre revise the
façade of the building with better balance and proportion of the wall cladding -
specifically, reduce the variegated terracotta facade at the exterior of the black box
theatre and at the upper portion of the walls of the main theatre projecting above the roof
deck level (approximately at the 218.45 foot elevation and above) and soften the contrast
of the terracotta tiles with each other.
• August 19, 2019 – ARC reviewed the proposed architecture of the project and the ARC
continued the review and provided seven directional items to the applicants requesting
the applicants produce elevations and renderings that showed the two structures together
and to include a revised western elevation of the parking structure that had more
articulation and design.
• July 17, 2018 – City Council reviewed and adopted the Final Environmental Impact
Report (FEIR) Palm Nipomo Parking Structure Project (Attachment H). The CHC, ARC
and PC each reviewed the document and provided comments and recommendations to the
City Council.
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Project Description
Site General Plan Amendment and Rezone
The applicants are requesting a General Plan Map Amendment to change the project site land use
designations from Office and Medium-High Density Residential to General Retail. This also
requires a rezone of the six parcels from Office with a Historic District Overlay (O-H) and
Medium-High Density Residential (R-3) to Downtown Commercial zone with a Historic Overlay
(C-D-H).
Figure 1: General Plan Map Amendment: Left map shows existing General Plan land use designation; Right map
shows the proposed change to the General Plan land use designation.
Office
Medium High
Residential
General
Retail
Figure 2: Rezone Changes: Left map shows existing zoning; Right map show the proposed change to the zoning.
Office with
Historic Overlay
Medium High
Density
Residential
Downtown
Commercial
with Historic
Overlay
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Site Layout
The project consists of two new structures that have been planned in consideration of one
another. Figure 3 shows the proposed site layout and the location of each of the proposed
buildings. The red arrows indicate the vehicle points of entry and exit at the parking structure.
The blue arrows indicate where pedestrians leave and enter the parking structure. The green
arrow indicates the main entrance to the SLO Rep Theatre. Phase two is the development of a
“liner” building – a building that will be constructed in front of the Parking Structure (see Figure
3, diagonal cross-hatched area). The design team has provided sketches of what this building
may look like, however the design of the building will require separate review when a specific
project is proposed.
SLO Rep Theatre – Architecture & Use Permit
SLO Rep Theatre is proposing a new 23,344-square foot performing arts facility with two
performance spaces, rehearsal space, workshop and storage areas, lobby, a balcony and roof deck
and administrative offices. The architecture is a contemporary design with rectilinear form that is
broken up with curved walls and upper story setbacks. The façade employs the use of a terra
cotta rainscreen, smooth troweled plaster, a glass curtain wall, and aluminum awnings. Per Table
2-1 of the Zoning Regulations, a theatre in the C-D zone requires a Minor Use Permit (MUP).
Figure 3: Proposed site layout for the SLO Rep Theatre and the Palm
Nipomo Parking Structure.
SLO Rep
Theatre
Parking
Structure
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Table 1: SLO Rep Project Statistics
Site Details Proposed Allowed/Required*
Front Setback 0 feet 0 feet
Maximum Height of
Structure
42 feet 5 inches 50 feet
Max Building Coverage 51% 100%
F.A.R. 1.16 3.0
Total # Parking Spaces
Bicycle Parking
0 (Pay in-lieu fees)
0**
67
13
*2018 Zoning Regulations
**Bicycle parking is a code requirement and the project will have to comply
Palm Nipomo Parking Structure – Architecture, Use Permit & Deviation from
Development Standards
The City of San Luis Obispo is proposing a new 162,909-square foot parking structure with 404
parking spaces. The architecture is mission style design and the form is based on the functional
requirements of a parking structure. The structure is articulated with arched shaped openings,
rectilinear openings, columns and architectural towers. Exterior materials include smooth
troweled plaster, pre-cast concrete column bases, terra cotta tile roofing, pre-cast masonry along
the base of the towers and stairs and decorative tile. Per Table 2-1 of the Zoning Regulations, a
parking structure within the C-D zone requires a Conditional Use Permit (CUP). The applicant is
also requesting deviations from development standards for additional height and increased Floor
Area Ratio (F.A.R.) for the parking structure (see Table 2 below).
Table 2: Parking Structure Project Statistics
Site Details Proposed Allowed/Required*
Front Setback 0 feet 0 feet
Maximum Height of
Structures
50 feet
with 17-foot 4-inch
elevator/stair tower
features and approx. 10-
foot-tall solar structures
50 feet
Max Building Coverage 80% 100%
F.A.R. 4.11 3.0
Total # Parking Spaces
Electric Vehicle Parking
Bicycle Parking
404
43 EV Ready
32
No specific requirement
40 EV Ready
Director’s Determination
*2018 Zoning Regulations
1 A Floor Area Ratio (F.A.R) greater than 3.0 is allowed pursuant to Section 17.86.200 of the Zoning Ordinance.
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Policy Context
Staff carefully evaluated the proposed project’s General Plan Amendment, Rezone, Architecture
and Use Permits in the context of General Plan goals and policies and the City’s Zoning Code,
and received feedback from the ARC and the CHC regarding consistency of the project with the
Community Design Guidelines and Historic Preservation Guidelines. Based on the project’s
contribution to and alignment with these goals, policies, and requirements, staff is
recommending that the Planning Commission recommend that the City Council adopt a
resolution approving the project.
Consistency with the General Plan
The Land Use Element (LUE) dedicates Chapter 4 to policies regarding land use and
development of Downtown. Policy 4.1 states,
Downtown is the community’s urban center serving as the cultural, social,
entertainment, and political center of the City for its residents, as well as home
for those who live in its historic neighborhoods. The City wants its urban core to
be economically healthy and realizes that private and public investments in the
Downtown support each other. Downtown should also provide a wide variety of
professional and government services, serving the region as well as the city. The
commercial core is a preferred location for retail uses that are suitable for
pedestrian access, off-site parking, and compact building spaces. Civic, cultural
and commercial portions of Downtown should be a major tourist destination.
Downtown's visitor appeal should be based on natural, historical, and cultural
features, retail services, entertainment and numerous and varied visitor
accommodations (underlining added to highlight project consistency).
Entertainment/Cultural Facilities
The LUE further discusses Entertainment and Cultural Facilities located in the downtown. Policy
4.3 states, Cultural facilities, such as museums and galleries should be Downtown. Entertainment
facilities, such as nightclubs and theaters shall be in the Downtown. Additional policies
regarding Cultural Facilities state:
5.2.2. Mission Plaza Area – The City shall promote the area around the Mission
Plaza for cultural facilities (Figure 5).
Figure 4: LUE map (Figure 5) showing the location of the Cultural Facilities Area
including Mission Plaza and Monterey Street from Mission Plaza to Nipomo Street
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5.2.3. Community Arts Support – The City shall continue to support community arts
programs through a variety of means, such as loans, grants, and help in obtaining sites.
5.2.5. Land Acquisition – The City will work with community organizations to
secure land for cultural facilities in the Downtown area.
As proposed, the SLO Rep Theatre will be located near Mission Plaza along Monterey Street in
the Cultural Facilities Area.
Parking
LUE Policy 4.14 states, The City shall ensure there is a diversity of parking opportunities in the
Downtown. Any major increments in parking supply should take the form of structures, located
at the edges of the commercial core, so people can walk rather than drive between points within
the core. Retail uses outside the core, and professional office developments, may have on -site
parking for customers and clients. The proposed parking structure is consistent with fulfilling
this policy.
Circulation Element, Policy 13.2.4. (Public Parking Structures) states the City shall only approve
construction of additional public parking structures after considering the findings and results of
a parking supply and demand study. Early in the Downtown parking discussion, a parking study
was completed that estimated that the City would have an increased parking demand of 250-500
spaces every five years. The Palm Nipomo Parking Structure was initially envisioned to
accommodate approximately 450 spaces for 10 years of growth2. As the project has been refined,
the total number of actual spaces is now 404.
The parking demand and potential usage of the Palm Nipomo Structure has been studied a
number of times over the last decade. Most recently, a parking analysis was done by Walker
Parking Consultants (2015) which analyzed project parking demand for current and future
development in the area, as well as closures of public parking lots for the Hotel Cerro and Hotel
SLO (Chinatown) projects. The analysis redistributed that parking into existing and proposed
structures and forecast new demand from private development projects. The consultant
concluded that the usage of the project is contingent upon development in the area (short and
long term) and if long term projects develop the structure could see up to a 92% effective supply
rate on a daily basis. The analysis concluded that:
“……the structure represents an opportunity to provide parking for future
development, efficiently, and in a way that is likely to be more environmentally
friendly and walkable for downtown than would individual sites that each
provide their own parking. Given the Phase II development being contemplated,
if the City is willing to make a significant investment (or partner with
developers) to provide funding for a long-term capital investment, the structure
represents an opportunity for careful planning in the downtown using shared,
public parking.”
2 919 Palm Street Parking Structure contains 242 parking spaces and was built to accommodate the loss of the Court
Street surface parking lot and the Chinatown surface parking lot and was not designed for future growth of the
Downtown.
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Additionally, this study was done prior to the update of the Downtown Physical Concept Plan
(2016) that has made significant new recommendations for public infrastructure changes most
notably the reduction of on street parking to allow for new amenities such as widened sidewalks
for outdoor dining and retail space, new bicycle facilities and public transit facilities (see Figure
5 below). The Palm Nipomo project will allow for future redistribution of this parking space
demand into an already available facility. As proposed, the new parking structure is consistent
with the policies for providing parking within the Downtown and promoting more efficient use
of private and public spaces.
Consistency with the Downtown Concept Plan
The Downtown concept Plan was adopted in July 2017. The Downtown Concept Plan is the
community’s vision for how downtown San Luis Obispo should be developed over the next 25
years and is to be used as a guidance for development projects and for public improvements
downtown. The proposed project is described in this Plan within “Block 10;” A new parking
structure on the corner of Palm and Nipomo Streets is envisioned to include office mixed use
along Nipomo Street, the Theatre relocated along Monterey Street, and public use on a portion
of the rooftop. Additionally, the Concept Plan describes the Central Downtown to include an
expanded, vibrant, and art-filled Cultural District, the focus of which is along Monterey Street
between Nipomo and Chorro Streets (blocks
10, 11, and 19). Visitors arriving in cars can
park in the new parking structure at Palm and
Nipomo Streets, then walk to the theater,
Children’s Museum, expanded History Center,
Museum of Art, Mission San Luis Obispo de
Tolosa, and Mission Plaza in a short two-block
stretch (Blocks 11 and 19). Figure 5 shows one
of the concepts from the Downtown Concept
Plan that considers relocating parking spaces to
other uses in the long-term development of
Downtown.
Figure 5: Conceptual Street Type B cross section on for Marsh or Higuera Street
with two vehicle travel lanes, angled parking on one side of the street, a protected
cycle track, and sidewalks that widen to 24’ in between parking areas, allowing
for additional pedestrian experiences.
Figure 6: Snapshot of Block 10 of the Downtown
Concept Plan
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Consistency with the Zoning Regulations
SLO Rep Theatre: The SLO Rep Theatre proposal complies with the lot coverage, floor area
ratios, and building height requirements for the Downtown Commercial zone with a Historic
District overlay (see Section 6.2.1 Project Statistics above). The performing arts facility use
requires a Minor Use Permit. The SLO Rep Theatre mission is to strengthen theatre’s cultural
influence and enriches the Central Coast by producing professional theatre, nurturing artists
and providing theatre education for children and adults. This is consistent with the definition in
the Zoning Regulations that states Theaters are Facilities for indoor display of films, motion
pictures, or dramatic, musical, or live performances. This classification may include incidental
food and beverage services to patrons.
The SLO Rep Theatre has administrative office hours, and public hours (performances).
Administrative office hours are Tuesday-Saturday, 8:00 AM-6:00 PM and Public Hours are
Wednesday - Friday: 5:30 PM - 10:00 PM and Saturday-Sunday: 12:00 PM - 10:00 PM. Services
and activities that occur on the site include: administrative office work; theatre rehearsals; theatre
performances; youth classes/camps; adult classes/camps; and internal and outside meetings and
events. The new space will have 7 full-time and 17 part-time employees. With the two theater
spaces in the new venue, there is the potential for two performances happening simultaneously
thus there is a proposed minimum of 50 attendees and a maximum of 300 attendees. The
Planning Commission recommends that the City Council find the project consistent with the
Zoning Regulations and approve the proposed use permit for a theatre in the Downtown
Commercial zone.
Parking Structure: Per Table 2.1, Parking Facilities require a Conditional Use Permit for a
parking structure within the C-D zone. The Zoning Regulations further state in Section 17.86.200
(Parking as a Primary Use), Where parking as a primary use is permitted in compliance with
Table 2-1: Uses Allowed by Zone … discretionary permit approval may include deviations from
otherwise applicable development standards. The Palm Nipomo Parking Structure is requesting
deviations from the height and F.A.R. requirements of the Downtown Commercial zone. The
Parking Structure has a 4.1 F.A.R. and the Zoning Regulations states the maximum F.A.R. of 3.0
for the C-D zone. Additionally, the project includes elevator and stair towers that extend 7 feet, 4
inches above 10-foot allowed projections above the 50-foot building height. These deviations are
necessary to meet the project goal of maximizing the parking on the site and meeting as clo se as
possible the goal of 400 parking spaces.
The parking structure will be accessible 24 hours a day, seven days a week. Currently the first 60
minutes are free and $1.25/hour or fraction thereof. Parking rates for the structure will apply as
follows:
8:00 AM to 7:00 PM Monday through Wednesday
8:00 AM to 11:00 PM Thursday through Saturday
1:00 PM to 7:00 PM Sunday
The parking structure will also operate DROP (Downtown Residential Overnight Parking
Program) for those residents who live Downtown and include short-term and long-term bicycle
parking. The Planning Commission recommends that the City Council find the project consistent
with the Zoning Regulations and approve the proposed use permit and the deviation to the height
and F.A.R.
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Consistency with the Community Design Guidelines
The ARC recommended that the Planning Commission find the Parking Structure and the SLO
Rep Theatre architectural designs consistent with the Community Design Guidelines (CDG) with
specific direction to the SLO Rep Theatre applicant. The façade of the SLO Rep Theatre was
revised based on the ARC’s direction and determined by the Planning Commission to be
consistent with the CDG for Downtown development (Chapter 4.2). The Planning Commission
finds the Parking Structure and the SLO Rep Theatre architectural designs consistent with the
CDG and recommends that City Council approve the architectural designs of both structures.
Figure 8: View of the Parking Structure from the corner of Palm and Nipomo Streets
Figure 8: View of SLO Rep Theatre from Monterey Street
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Consistency with Historic Preservation Program Guidelines
The CHC provided three recommendations regarding the proposed project. These
recommendations are listed below.
1. Parking Structure - Recommended that the Planning Commission find the Parking
Structure architectural designs compatible with the Downtown Historic District.
2. Heyd Adobe - Recommend continuance of the Heyd Adobe component of the project to a
date uncertain, having found that the destruction of the Hyde Adobe, an element of the
project that makes it incompatible with the historic preservation guidelines and goals of
the City, and continue the item directing city staff and the applicant to present feasible
options for leaving the adobe in the current location, moving it to another location on the
same site or to another site altogether.
3. SLO Rep Theatre - Recommended continuance of the SLO Rep Theater component of
the project to a date uncertain, with direction that the applicant present more cohesive
coloring and materials treatment of the exterior fabric, a less busy and variegated design
such that it’s compatible with the immediately surrounding historic buildings of the
downtown historic district.
The CHC recommended a continuance of the Heyd Adobe component of the project and
recommended that the project evaluate within its design the preservation of the Heyd Adobe in
situ (current location), relocation on site, or moving the structure to another site. When certifying
the Final EIR, the City Council, was provided information concerning impacts to the historic
structures on site and all alternatives, which included a discussion of retaining the Heyd Adobe
and other Contributing Historic Resources. The City Council’s decision to certify the Final EIR,
including Findings of Overriding Considerations, supported the determination that preserving the
historic properties on site did not satisfy project objectives of establishing a performing arts
venue (SLO Rep Theatre) and the development of a new parking structure.
The CHC’s purview or scope of review for the project, was to provide a recommendation on the
proposed project’s consistency with development in the vicinity within the Downtown Historic
District. Therefore, it was not within the CHC’s purview to recommend a continuance of the
project with direction to explore retaining the Heyd Adobe onsite by redesigning the project or to
evaluate relocation alternatives.
The CHC also provided feedback regarding the design of the SLO Rep Theatre. Staff requested
the CHC provide specific direction on what needed to be changed to be compatible with the
Downtown Historic District, but no specifics were given. The direction discusses revising the
exterior materials and color variation; very similar to the direction provided by the ARC. As
mentioned above, the applicant made changes to the exterior design to provide a more cohesive
façade treatment that is less busy and variegated. Staff’s assessment is that the applicant’s
submitted changes in response to ARC action also addresses CHC direction. The CDG and the
Historic Preservation Program Guidelines (HPPG) overlap in their review criteria for the Historic
District and characteristics that make the district unique (Section 5.2.2). HPPG Section 3.2.1
discusses that new structures within a Historic District shall be designed to be architecturally
compatible with the district’s prevailing historic character. Based on the changes made by the
applicant, the Planning Commission concurred and recommends that the City Council approve
the revised design and find it compatible with the Downtown Historic District and consistent
with HPPG Sections 3.2.1 and 5.2.2.
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The preservation of the Heyd Adobe in situ or on site makes the proposed parking structure and
SLO Rep Theatre as currently designed totally infeasible. Changing the design to accommodate
the Heyd Adobe in situ or onsite would likely delay the project for a year and the City and SLO
Rep would incur substantial redesign costs.
The City is required to notice the proposed demolition of all residential structures that would be
displaced as a result of the respective projects and the public has claimed structures and wholly
bore the costs of relocation and preservation.
The Planning Commission approved a second motion and recommends the Council consider
developing a process to identify parties to move the adobe and find creative adaptation for its
use. If the City Council were to decide to relocate the structure with City funds, the estimated
costs for relocation and restoration are likely to exceed a $1 million dollars.
Public Engagement
Consistent with the City’s Public Engagement and Noticing (PEN) Manual and the City’s
Municipal Code, the project was noticed per the City’s notification requirements for
Development Projects. Newspaper legal advertisements were posted in New Times ten days
prior to each advisory body meeting (ARC, CHC, PC, and City Counci l). Additionally, postcards
were sent to both tenants and owners of properties located within 300 feet of the project site ten
days before each advisory body hearing. Public comment was provided to the advisory bodies
through written correspondence and through public testimony at each of the hearings.
CONCURRENCE
All City Departments have reviewed the project and have provided comments that are
incorporated into the recommended resolution as conditions of approval.
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.
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The project is proposed to remain the same as the project assessed in the adopted FEIR; however
the project now proposes to change the land use designation from Public to Downtown
Commercial and the zoning from Public Facility with a Historic Overlay (PF-H) to Downtown
Commercial with a Historic Overlay (C-D-H) to allow for the uses as they are described and
analyzed in the FEIR. No physical changes to the project or proposed uses are proposed to occur
which were evaluated previously in the certified FEIR. The change in the land use designation
necessitated preparation of an Addendum (Attachment I) to the certified FEIR to address the
project changes, per State CEQA Guidelines Section 15162. The Addendum includes an updated
project description and incorporates the additional analysis for inclusion in the environmental
record. The updated analysis does not materially change the findings and conclusions of the
FEIR, making a Subsequent EIR unnecessary pursuant to Section 15162 of the State CEQA
Guidelines.
FISCAL IMPACT
Budgeted: Yes Budget Year: 2019-21
Funding Identified: Fee supported activity based on 100% cost recovery.
Fiscal Analysis:
Funding Sources Current FY Cost
Annualized
On-going Cost
Total Project
Cost
General Fund N/A
State
Federal
Fees
Other:
Total
The fiscal impact associated with the construction and operation of a new parking structure on
the project site has been evaluated as part of the Parking Fund analysis associated with the 2019-
21 Financial Plan (the new theatre will be funded separately by SLO Rep). The total design
budget for the parking structure is $1,581,989.15 which is supported by the parking fund. The
design consultant, Watry, has a contract for $1,473,950. Watry has billed us $75,361.25 so far.
Additionally, $14,300 of the design budget was used for a seminar with Kimley-Horn regarding
EV charging strategies and future parking trends. Additional fiscal analysis will occur as part of
awarding a contract to construct the facility. Currently the parking fund has approximately $8.6
million for construction and $28.6 million shown in FY 2020-21, however the bulk of the
construction funds will come from debt financing. Staff anticipates having a quote from the
design team on the total cost of the parking structure within the next week.
Overall, there are no fiscal impacts associated with entitling the project. In addition, the proposed
uses have been long contemplated and were evaluated as part of the overall fiscal and economic
analysis of the City’s 2014 General Plan update. When the General Plan was prepared, it was
accompanied by a fiscal analysis, which found that overall the General Plan was fiscally
balanced. Accordingly, since the proposed project is consistent with the General Plan, it has a
neutral fiscal impact.
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ALTERNATIVES
1. Deny the project. An action denying the application should include findings that cite the
basis for denial and should reference inconsistency with the General Plan, Community
Design Guidelines, Historic Preservation Program Guidelines, Zoning Regulations or other
policy documents.
2. Continue the item. An action to continue the item should include a detailed list of additional
information or analysis required to make a recommendation on the project.
Attachments:
a - Draft Resolution
b - Draft Ordinance
c - COUNCIL READING FILE - SLO Rep Plans
d - COUNCIL READING FILE - Parking Structure Plans
e - Electrical Design Technical Memo
f - COUNCIL READING FILE - PC Draft Minutes 10-23-2019
g - COUNCIL READING FILE - PC Final Resolution 10-23-2019
h - Palm Nipomo Parking Structure Project Timeline
i - COUNCIL READING FILE - Reso -10923 Final EIR
j - Palm Nipomo FEIR Addendum
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Item 10
R ______
RESOLUTION NO. _____ (2019 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, APPROVING THE ARCHITECTURAL DESIGN
OF A NEW PERFORMING ARTS FACILITY (SLO REP THEATRE) AND
A NEW PARKING STRUCTURE, A DEVIATION IN THE HEIGHT AND
FLOOR AREA RATIO FOR THE PARKING STRUCTURE, USE
PERMITS TO ALLOW THE SLO REP THEATRE AND A PARKING
STRUCTURE WITHIN THE DOWNTOWN COMMERCIAL ZONE, AND
ADOPT A GENERAL PLAN AMENDMENT CHANGING THE PROJECT
SITE FROM OFFICE AND MEDIUM-HIGH DENSITY RESIDENTIAL TO
GENERAL RETAIL WITH AN ADDENDUM TO THE CERTIFIED
ENVIRONMENTAL IMPACT REPORT AS REPRESENTED IN THE
CITY COUNCIL AGENDA REPORT AND ATTACHMENTS DATED
NOVEMBER 5, 2019 (609 & 633 PALM, 610, 614 & 630 MONTEREY, 970 &
972 NIPOMO STREETS; ARCH-0415-2019, USE-0416-2019, ARCH-0448-
2019, USE-0388-2017 & GENP-0389-2017)
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public
hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on
October 23, 2019, for the purpose of considering the architectural design of a new performing arts
facility and a new parking structure, a deviation in the height and Floor Area Ratio (F.A.R.) for
the parking structure, use permits to allow the SLO Rep Theatre and a parking structure within the
Downtown Commercial Zone and adopt a General Plan Amendment changing the project site from
Office and medium-high density residential to General Retail for the property located at 609 &
633 Palm, 610, 614 & 630 Monterey, 970 & 972 Nipomo Streets to facilitate the proposed project;
and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing
in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on November
5, 2019, for the purpose of approving the architectural design of a new performing arts facility and
a new parking structure, a deviation in the height and Floor Area Ratio (F.A.R.) for the parking
structure, use permits to allow the SLO Rep Theatre and a parking structure within the Downtown
Commercial Zone and adopt a General Plan Amendment changing the project site from Office and
medium-high density residential to General Retail; and
WHEREAS, the City Council finds that the proposed project is consistent with the General
Plan as amended, the purposes of the Zoning Regulations, and other applicable City ordinances;
and
WHEREAS, the Planning Commission has recommended that the “Liner Building”
component of the project be used for housing; and
WHEREAS, notice of said public hearing were made at the time and in the manner
required by law; and
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WHEREAS, The City Council has duly considered all evidence, including the testimony
of the applicant, interested parties, and the evaluation and recommendations by staff, presented at
said hearing.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Findings. The City Council does hereby approve the proposed project based
on the following findings:
1. The project will not be detrimental to the health, safety, or welfare of those working or
residing in the vicinity since the proposed project is consistent with the site’s Downtown
Commercial zoning designation and will be subject to conformance with all applicable
building, fire, and safety codes.
General Plan Amendment Findings:
2. The proposed General Plan Amendment is consistent with policy direction for the area
included in the General Plan, and in particular with the following General Plan policies:
LUE Policy 4.1, because the project provides off-site parking, civic, cultural, entertainment
and mixed-use opportunities for Downtown; LUE Policies 4.3, 5.2.2, 5.2.3, and 5.2.5,
which promote the development of Entertainment and Cultural Facilities in the downtown;
and LUE Policy 4.14 and Circulation Element policy 13.2.4 which support the construction
of parking structures.
3. The General Plan Amendment allows for the implementation of the proposed project by
updating the City’s General Plan land use map to reflect the development anticipated by
the proposed Palm Nipomo Parking Structure Project.
4. The site is physically suited for the proposed project because the project is consistent with
the 2017 Downtown Concept Plan.
Palm Nipomo Parking Structure Architectural Design Findings:
5. The proposed new building is consistent with Historic Preservation Program Guidelines
Section 3.2.1 because the building is designed to be architecturally compatible with
Downtown Historic District structures.
6. The project design maintains consistency with the Community Design Guidelines Chapter
4 (Downtown Design Guidelines), Sections 4.2 (A-D) by providing: human scale and
proportion, architectural design that complements the character of the surrounding
neighborhood, transparency and provides architectural interest on all four sides of the
building.
7. The project design is consistent with the Community Design Guidelines Section 6.3(A-B,
D-E) because the project includes convenient pedestrian linkages to the sidewalk along
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each street, pedestrian access and alternative paving materials while minimizing “vast seas
of parking” by proposing a structure as opposed to surface parking lots.
SLO Rep Theatre Architectural Design Findings:
8. The proposed new building is consistent with Historic Preservation Program Guidelines
Sections 3.2.1 and 5.2.2 because the building is designed to be architecturally compatible
with Downtown Historic District structures.
9. The project design maintains consistency with the Community Design Guidelines Chapter
4 (Downtown Design Guidelines), Sections 4.2 (A-D) by providing: human scale and
proportion, various upper story setbacks, includes similar vertical elements that are found
in the surrounding architecture of the existing buildings, an architectural design that
complements the character of the surrounding neighborhood, transparency is included in
the front façade with the inclusion of glass curtain walls and provides architectural interest
on all four sides of the building.
Palm Nipomo Parking Structure Use Permit Findings:
10. The proposed use is allowed with a use permit within the Downtown Commercial (C-D)
zone and complies with all other applicable provisions of the Zoning Regulations.
11. The proposed parking structure use is located where a parking structure is called out on the
2017 Downtown Concept Plan.
12. The parking structure use is consistent with LUE policy 4.14 and Circulation Element
policy13.2.4 that state that any major increases in parking should take the form of a
structure located at the edge of the commercial core and that additional parking should be
supported by a parking study.
13. The site is physically suitable in terms of its design, location, shape, size, and operating
characteristics of the proposed use; traffic generation and the provision of public and
emergency vehicle access; public protection services; and the provision of utilities.
14. The establishment and subsequent operation or conduct of the use will not, because of the
circumstances and conditions applied in the particular case, be detrimental to the health,
safety or welfare of the general public or persons residing or working in the neighborhood
of the use, or be detrimental or injurious to property or improvements in the vicinity of the
use.
SLO Rep Theatre Use Permit Findings:
15. The proposed use is allowed with a use permit within the Downtown Commercial (C-D)
zone and complies with all other applicable provisions of the Zoning Regulations.
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16. The proposed SLO Rep Theatre use is located where a theater is called out on the 2017
Downtown Concept Plan.
17. The proposed SLO Rep Theatre use is consistent with LUE policies 5.2.2, 5.2.3, and 5.2.5
because the theater will be located near Mission Plaza along Monterey Street in the Cultural
Facilities Area.
18. The site is physically suitable in terms of its design, location, shape, size, and operating
characteristics of the proposed use; traffic generation and the provision of public and
emergency vehicle access; public protection services; and the provision of utilities.
19. The establishment and subsequent operation or conduct of the use will not, because of the
circumstances and conditions applied in the particular case, be detrimental to the health,
safety or welfare of the general public or persons residing or working in the neighborhood
of the use, or be detrimental or injurious to property or improvements in the vicinity of the
use.
Palm Nipomo Parking Structure deviation from height and F.A.R Findings:
20. The proposed increase in height and F.A.R. for the project is consistent with 2018 Zoning
Regulations Section 17.86.200 (Parking as a Primary Use) that states, Where parking as a
primary use is permitted in compliance with Table 2-1: Uses Allowed by Zone …
discretionary permit approval may include deviations from otherwise applicable
development standards because the parking structure is designed to meet certain building
and engineering standards.
SECTION 2. Environmental Review. On July 17, 2018, the City Council certified the
Final Environmental Impact Report (FEIR State Clearinghouse Number 2017051011), adopted a
Mitigation Monitoring and Reporting Program, and adopted CEQA Findings and Mitigation
Measures, including a Statement of Overriding Considerations, for the Palm Nipomo Parking
Structure Project per Resolution No. 10923 (2018 Series).
The City Council adopts the following findings to approve the Addendum to the certified
FEIR: 1) the minor technical changes addressed in the Addendum do not materially change the
findings and conclusions of the certified FEIR; 2) no substantial changes are proposed or would
occur that would require major revisions to the certified FEIR; 3) no new significant environmental
effects are identified and there would not be a substantial increase in the severity of previously
identified significant effects; 4) the project would not result in any significant effects that would
be substantially more severe than what was identified in the certified FEIR. Furthermore, the
applicant will comply with all mitigation measures and environmentally mitigating project features
included in the certified FEIR.
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SECTION 3 . Action. The City Council does hereby approve the proposed project
(ARCH-0415-2019, USE-0416-2019, ARCH-0448-2019, USE-0388-2017, & GENP-0389-2017)
subject to the following conditions. Conditions of Approval shall be applied to specific project
components and shall not restrict or limit the ability for certain aspects of the project to move
forward.
General Plan Amendment and Rezone
1. The General Plan shall be amended as shown in Exhibit A.
2. The Amendment shall apply only to the properties currently proposed to be occupied by
the Project, i.e. to the Project site.
Palm Nipomo Parking Structure Architectural Design
Planning Division - Community Development Department
3. Final project design and construction drawings submitted for a building permit shall be in
substantial compliance with the project description and plans approved by the City Council.
A separate, full-size sheet shall be included in working drawings submitted for a building
permit that lists all conditions of project approvals listed and mitigation measures in the
MMRP as sheet number 2. Furthermore, as identified in the EIR, environmentally
mitigating project features shall be included in the final project design.
4. Reference shall be made in the margin 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.
5. Plans submitted for a building permit shall call out the colors and materials of all proposed
building surfaces and other improvements.
6. The building plan submittal shall include privacy screening that will restrict the ability for
users of the parking structure to overlook into the adjacent property while using the
southeastern stairway to the satisfaction of the Community Development Director.
7. The locations of all exterior lighting, including bollard style landscaping or path/parking
lighting, shall be included in plans submitted for a building permit. All wall-mounted
lighting fixtures shall be clearly called out on building elevations included as part of
working drawings. All wall-mounted lighting shall complement building architecture,
subject to the approval of the Community Development Director. The lighting schedule for
the building shall include a graphic representation of the proposed lighting fixtures and cut
sheets on the submitted building plans. The selected fixture(s) shall be shielded to ensure
that light is directed downward consistent with the requirements of the City’s Night Sky
Preservation standards contained in Chapter 17.23 of the 2015 Zoning Regulations.
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8. Plans submitted for a building permit shall clearly state the type/model of bicycle racks
proposed, location and dimensions of all 32 short and long-term bicycle parking spaces.
All long-term bicycle parking spaces shall be located within the parking structure.
Sufficient detail shall be provided about the placement and design of bike racks to
demonstrate compliance with relevant Engineering Standards and Community Design
Guidelines and this condition of approval, to the satisfaction of the Public Works and
Community Development Directors.
9. Plans submitted for a building permit shall include window details indicating the type of
materials for the window grids, their dimensions, and colors. Plans shall demonstrate the
use of high-quality materials for the window grids that reflect the architectural style of the
project to the approval of the Community Development Director.
10. Mechanical and electrical equipment shall be located internally to the structure or site. With
submittal of working drawings, the applicant shall clearly show the location and sizes of
any proposed condensers and other mechanical equipment. If any mechanical equipment
is to be placed on the roof, plans submitted for a building permit shall confirm that parapets
or other roof features will adequately screen them. A line-of-sight diagram may be required
to confirm that proposed screening will be adequate. This condition applies to initial
construction and later improvements.
11. The location of any required backflow preventer and double-check assembly shall be
shown on all site plans submitted for a building permit and shown and called out on the
landscaping plans. Construction plans shall also include a scaled diagram of the equipment
proposed. Where possible, as determined by the Utilities Director, equipment shall be
located inside the building within 20 feet of the front property line. Where this is not
possible, as determined by the Utilities Director, the back-flow preventer and double-check
assembly shall be located in the street yard and screened using a combination of paint color,
landscaping and, if deemed appropriate by the Community Development Director, a low
wall. The size and configuration of such equipment shall be subject to review and approval
by the Utilities and Community Development Directors.
12. A final landscaping plan, including irrigation details and plans, shall be submitted to the
Community Development Department along with working drawings. The legend for the
landscaping plan shall include the sizes and species of all groundcovers, shrubs, and trees
with corresponding symbols for each plant material showing their specific locations on
plans. Street trees species shall comply with City standards and may include palm trees.
Engineering Division – Public Works/Community Development Department
13. The Parking Structure shall conform to the overall proposed campus designs and approvals
for the Palm Nipomo Parking Structure Project and any subsequent agreements between
the SLO Rep Theatre and the City. The project shall also conform to previously approved
bulb-out and crossing designs for the Monterey Place project located at 667 Monterey.
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14. The project address should be established prior to building permit application if possible.
Otherwise, the address will be established during permit review and prior to permit
issuance.
15. A separate demolition plan and permits are required for the structures located on the project
site. The plan shall include an inventory of all improvements located on the City parcel
and within the public right-of-way. Any historic materials shall be noted and shall include
a matrix of the proposed disposition. Unless otherwise proposed or required to be re-used
within the project, the historic granite curbing, walls, and stairs located on the project site
shall be preserved and delivered to an approved location to the satisfaction of the City.
16. The demolition plans shall show the location of all existing utilities. Existing utilities shall
be approved for re-use or shall be abandoned per City Engineering Standards. The
applicant should confirm whether any utilities remain from the previous demolition of the
structure(s) located on the project site. City improvement plan records and/or sewer
mainline televising records are available upon request.
17. A lot line adjustment or merger shall be processed by a separate Planning application
through the Planning Division to remove the underlying property lines. Unless otherwise
specifically approved for deferral by the City, all underlying parcels shall be merged prior
to building permit issuance.
18. Projects involving the construction of new structures generally requires that complete
frontage improvements be installed or that existing improvements be upgraded per city
standard. MC 12.16.050
19. New curb, gutter, sidewalk, curb ramps, bulb-outs, street parking, signage, striping, parking
meters, street tree plantings, street lighting, demolitions, etc. shall be completed as a
condition of the project. Except where standard streetlights are required, the frontage
improvements shall include new pedestrian level streetlights per the approved master plan
and City Engineering Standards.
20. The project is located within the Mission Style Sidewalk District of downtown. Unless
otherwise directed and approved by the Public Work or Community Development
Directors, all new or replaced improvements shall be constructed in the Mission Style per
City Engineering Standards.
21. All proposed street furniture shall conform to City Engineering Standards and Community
Design Guidelines. Final furniture placement and aesthetics shall consider need, phasing,
pedestrian circulation, line-of-sight, and future maintenance. The proposed furniture and
layout shall be approved to the satisfaction of the Public Works and Community
Development Directors.
22. City Engineering standards include a preference for parkways over integral sidewalks
where adequate sidewalk width is available and street parking has been removed. The final
design for the Nipomo Street frontage shall consider whether parkways or tree plantings in
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tree wells is preferred. Direction on this item shall be approved to the satisfaction of Public
Works and Community Development Directors.
23. The street tree and landscape planting plan shall consider line of sight for vehicles and
pedestrians. Unless approved by the City, new tree plantings along Nipomo should be
located near the face of curb per City Engineering Standards.
24. The improvement plans and building plan submittal shall include all sidewalk dimensions
and clearances. Pedestrian clear space shall be shown along Nipomo for the existing street
trees to remain within the widened sidewalk. Clearances shall be shown to both the face
of curb, interim patio improvements, and to the face of the future office addition. The
commercial/residential addition plans may need to show a building or building entry in
consideration of the existing trees to provide for minimum pedestrian passage widths.
25. As recommended by the Planning Commission, the liner building should be used for
housing and staff is directed to evaluate the feasibility of moving forward with a
public/private partnership to entitle and develop housing on this portion of the site, to be
built after construction of the parking structure is completed.
26. The final street width and sidewalk widening along Nipomo may need to be adjusted to
accommodate a bulb-out for the driveway approach into the garage and for the pedestrian
crossing at Dana.
27. The decorative crosswalks shall conform to the City Engineering Standards in effect or in
an approved draft form at the time of construction. Flashers for the uncontrolled crossings
shall be approved by the Public Works Department. Unless, solar powered equipment is
specifically approved at one or more locations, secondary power shall be provided to
activate the flashers.
28. Any proposed phasing of the public improvements shall be approved by the City. If
phased, interim improvements may be required to provide a reasonable transition between
adjoining projects.
29. The required public improvements may be shown with the building permit submittal or
could be processed as a separate public improvement plan. The on-site plans and off-site
plans shall agree. Unless otherwise approved by the City, the building permit plans shall
not be approved or permits issued until the adjoining public improvements are approved.
Record plans shall be provided for the work within the public right-of-way at the
completion of the project.
30. The building plan submittal shall include a complete site, grading, drainage, and utility
plan. If proposed grading, drainage, and utilities are to be permitted under a separate
submittal, this information shall be shown “for reference only” on the building plan
submittal. The plan shall show all existing and proposed underground and overhead utilities
for reference. All utility company meters, vaults, equipment, and transformers shall be
shown for reference.
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31. All new wire utilities shall be underground. Unless otherwise approved by the City, the
underground service(s) shall be achieved without use of utility poles within the public
right-of-way.
32. The required PGE service work and their preliminary design memo shall be reviewed and
approved by the City and the engineer of record prior to commencing with final designs.
The final PGE handout package shall be approved prior to building permit issuance or shall
be listed as a deferred submittal item. The plan shall clarify how secondary service will be
maintained or re-served to the remaining properties to the east.
33. The demolition plan, topo plan, and/or site electrical plan shall show all existing joint poles,
parking lot lighting, light numbers and wattage, PGE services, and tele-com services. The
plans shall include JP/SL #1561, SL pole #1741/120388413, and JP #643/110368243.
34. JP #643 appears to carry secondary power and tele-com to serve the Palm and Monterey
properties to the east from their respective rear yards. The lines appear to terminate at
JP/SL #1499/120388414 located within City Parking Lot #9. The plans shall clarify how
service will be maintained to the existing services. If service can be reserved from JP
#1499 in Parking Lot #9, existing off-site JP #643 would become a terminal pole and might
be abandoned in favor of a new pole and guy located off the common property line.
35. Handrails for any on-site stairs or ramps shall not encroach into the public right-of-way or
public sidewalk area and shall comply with current Americans with Disabilities Act (ADA)
code.
36. The building plan submittal and project drainage report shall show and note compliance
with the Drainage Design Manual, Floodplain Management Regulation, and the Post
Construction Stormwater Regulations. The stormwater BMP’s shall be located outside the
public right-of-way unless otherwise specifically approved by the City. The PCR
compliance approach and strategy shall consider how the treatment of runoff from the
altered or replaced public improvements will be managed. Some stormwater BMP’s
designed to treat runoff from public streets and sidewalks may be located within the Public
right-of-way.
37. The building plan submittal shall clarify whether the lower floor of the parking structure
and future commercial/residential structure are located above the base flood elevation
(BFE). If not, the structure and openings shall be floodproofed and constructed of flood
resistant materials. All building service equipment and elevators shall be located outside
the mapped flood zone, 1’ above the BFE, or floodproofed to 1’ above the BFE.
38. The building plan submittal shall include a complete grading and drainage plan. The plan
shall evaluate whether there is existing run-on from the neighboring upslope properties.
The plans shall clarify the extent of any run-on and shall clarify how the drainage will be
collected and conveyed to an approved outlet. A portion of the roof from an adjoining
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structure with a zero setback appears to discharge onto this site. An analysis of the entire
limits of the watershed tributary to the easterly property line will be required.
39. The building plan submittal shall include a complete tree summary showing all existing
trees, tree diameters, species, and proposed disposition. The plan shall include trees on
neighboring properties with tree canopies/root zones that may encroach into the area of
construction disturbance. A tree preservation plan shall be provided as part of the building
plans to clarify how all trees proposed to remain will be protected during demolition and
construction.
40. Street trees are required as a condition of the building permit. The landscape and irrigation
plans shall show irrigation improvements and sleeves under the sidewalk to provide
irrigation to any parkway plantings and/or tree wells. Street tree species and plantings shall
be in accordance with the City Engineering Standards and may include palm trees.
Transportation Division - Public Works Department
41. The proposed uncontrolled crosswalks on Nipomo Street and Monterey Street shall be
designed to include features such as flashers, decorative pavement treatment, warning
signage, pavement markings, and bulbouts similar to other crosswalks in the downtown
area. The specific design treatments at all proposed crosswalks shall be approved by the
City Public Works Department in conjunction with review off the public improvement
plans.
42. Design of proposed bulbouts, driveways and other intersection geometric modifications
shall include vehicle turning path analysis using appropriate design vehicles as identified
in the City’s Engineering Standards to the satisfaction of the Public Works Director.
Designs shall consider placement of street trees, landscaping and other vertical features
near intersections, driveways and pedestrian crossings in order to maintain adequate sight
distance per City Engineering Standards.
43. Sidewalk landscaping, street furniture and/or other elements shall be designed to
discourage pedestrian crossings of Nipomo Street at the northeast corner of the Nipomo
Street/Monterey Street intersection, the southwest corner of the Nipomo Street/Dana Street
intersection, and the southeast corner of the Nipomo Street/Palm Street intersection.
44. Frontage improvements shall include installation of standard streetlights and downtown
pedestrian lighting per City Standards to the satisfaction of the Public Works Director.
45. Consistent with Mitigation Measure T-1 per the project’s Final EIR, prior to issuance of
each building permit, the construction contractor(s) shall develop a construction
management plan for review and approval of the Community Development and Public
Works Departments to identify traffic management strategies to address traffic congestion,
construction staging/traffic control, parking demand and other transportation concerns
related to project construction activities.
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46. Where frontage improvements are proposed, sidewalks shall have a minimum of eight (8)
feet clear width, unless otherwise approved by the Public Works Director.
47. Consistent with Mitigation Measure T-3 per the project’s Final EIR, the public
improvement plans shall incorporate improvements to the Dana Street/Nipomo and
Monterey Street/Nipomo Street intersections to enhance pedestrian safety and
accessibility. At a minimum, the public improvements shall include the following elements
to the satisfaction of the Public Works Director:
a. High-visibility crosswalk markings or other intersection enhancements, with
directional curb ramps across Nipomo Street from the northwest corner of Dana
Street/Nipomo Street to the southwest corner of the parking structure.
b. High-visibility crosswalk markings or other intersection enhancements, with
directional curb ramps across Nipomo Street from the southeast corner of Monterey
Street/Nipomo Street across Nipomo Street.
c. Standard crosswalks or other intersection enhancements, with directional curb
ramps across Monterey Street and Dana Street where they intersect with Nipomo
Street.
d. Reduce corner curb radii on the southwest corner of Dana Street/Nipomo Street and
the northeast corner of Monterey Street/Nipomo Street.
48. Final designs for the Palm Street access driveway to the parking structure shall be refined
to provide acceptable visibility sight triangles for both vehicular traffic on Palm Street and
pedestrians crossing the driveway.
Utilities Department
49. The proposed utility infrastructure shall comply with the latest engineering design
standards effective at the time the building permit is obtained and shall have reasonable
alignments needed for maintenance of public infrastructure.
50. The project shall construct a new sewer lateral and water services for the proposed use.
51. Revisions to the existing sewer and water infrastructure, that may result from the proposed
land use modifications, shall be completed to the satisfaction of the Utilities Director to
minimize impacts to operations and maintenance of the services.
52. Underground dewatering systems for basements shall discharge to an on-site retention
system or shall obtain an environmental compliance permit prior to issuance of an
occupancy permit.
53. Final grades and alignments of all public and/or private water, and sewer services shall be
approved to the satisfaction of the Utilities Department. The final location, configuration,
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and sizing of on-site service laterals and meters shall be approved by the Utilities Director
in conjunction with the review of the building plans, fire sprinkler plans, and/or public
improvement plans.
54.Projects generating more than two cubic yards of total waste shall comply with AB 1826,
and local waste management ordinance to reduce greenhouse gas emissions. Trash
enclosure(s) shall conform the requirements by the San Luis Garbage Company, and refuse
bins shall be sized to provide a reasonable level of service. Separate refuse bins shall be
accommodated within the site for waste, recycling, and organics.
55.Tree wells shall maintain a 10-foot clearance to the existing sewer and water mains. New
curbs along the frontage improvements shall maintain a 2-foot clearance between the lip
of gutter and the existing sewer or water mains.
SLO Rep Theatre Architectural Design
Planning Division - Community Development Department
56.The applicant shall defend, indemnify, and hold harmless the City and/or its agents,
officers, and employees from any claim, action, or proceeding against the City and/or its
agents, officers, or employees to attack, set aside, void, or annul the approval by the City
of this project, and all actions relating thereto, including but not limited to environmental
review (“Indemnified Claims”). The City shall promptly notify the applicant of any
Indemnified Claim upon being presented with the Indemnified Claim, and City shall fully
cooperate in the defense against an Indemnified Claim.
57.Final project design and construction drawings submitted for a building permit shall be in
substantial compliance with the project description and plans approved by the City Council.
A separate, full-size sheet shall be included in working drawings submitted for a building
permit that lists all conditions of project approvals listed and mitigation measures in the
MMRP as sheet number 2. Furthermore, as identified in the EIR, environmentally
mitigating project features shall be included in the final project design.
58.Reference shall be made in the margin 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.
59.The design of the proposed SLO Rep Theatre shall be consistent with the proposed façade
redesign included in the plans submitted as part of the Planning Commission staff report
dated October 23, 2019. The building permit submittal shall accurately show the location
of all the terra cotta tiles and which colors will be located where.
60.Plans submitted for a building permit shall call out the colors and materials of all proposed
building surfaces and other improvements.
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61.The locations of all exterior lighting, including bollard style landscaping or path/parking
lighting, shall be included in plans submitted for a building permit. All wall-mounted
lighting fixtures shall be clearly called out on building elevations included as part of
working drawings. All wall-mounted lighting shall complement building architecture,
subject to the approval of the Community Development Director. The lighting schedule for
the building shall include a graphic representation of the proposed lighting fixtures and cut
sheets on the submitted building plans. The selected fixture(s) shall be shielded to ensure
that light is directed downward consistent with the requirements of the City’s Night Sky
Preservation standards contained in Chapter 17.23 of the 2015 Zoning Regulations.
62.Plans submitted for a building permit shall clearly state the type/model of bicycle racks
proposed, location and dimensions of all 13 short and long-term bicycle parking spaces.
All long-term bicycle parking spaces shall be located within the building. Sufficient detail
shall be provided about the placement and design of bike racks to demonstrate compliance
with relevant Engineering Standards and Community Design Guidelines, to the satisfaction
of the Public Works and Community Development Directors.
63.Plans submitted for a building permit shall include window details indicating the type of
materials for the window frames and mullions, their dimensions, and colors. Plans shall
include the materials and dimensions of all lintels, sills, surrounds recesses and other
related window features. Plans shall demonstrate the use of high-quality materials for the
windows that reflect the architectural style of the project and are compatible with the
neighborhood character, to the approval of the Community Development Director.
64.Mechanical and electrical equipment shall be located internally. With submittal of working
drawings, the applicant shall include sectional views of the building, which clearly show
the sizes of any proposed condensers and other mechanical equipment. If any condensers
or other mechanical equipment is to be placed on the roof, plans submitted for a building
permit shall confirm that parapets and other roof features will adequately screen them. A
line-of-sight diagram may be required to confirm that proposed screening will be adequate.
This condition applies to initial construction and later improvements.
65.The location of any required backflow preventer and double-check assembly shall be
shown on all site plans submitted for a building permit, including the landscaping plan.
Construction plans shall also include a scaled diagram of the equipment proposed. Where
possible, as determined by the Utilities Director, equipment shall be located inside the
building within 20 feet of the front property line. Where this is not possible, as determined
by the Utilities Director, the back-flow preventer and double-check assembly shall be
located in the street yard and screened using a combination of paint color, landscaping and,
if deemed appropriate by the Community Development Director, a low wall. The size and
configuration of such equipment shall be subject to review and approval by the Utilities
and Community Development Directors.
66.A final landscaping plan, including irrigation details and plans, shall be submitted to the
Community Development Department along with working drawings. The legend for the
landscaping plan shall include the sizes and species of all groundcovers, shrubs, and trees
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with corresponding symbols for each plant material showing their specific locations on
plans. Street trees species shall comply with City standards and may include palm trees.
67.The applicant shall pay parking in-lieu fees for 67 parking spaces prior to building permit
issuance unless another agreement is supported by the City to the satisfaction of the
Community Development and Public Works Directors.
Engineering Division – Public Works/Community Development Department
68.The Parking Structure shall conform to the overall proposed campus designs and approvals
for the Palm Nipomo Parking Structure Project and any subsequent agreements between
the SLO Rep Theatre and the City. The project shall also conform to previously approved
bulb-out and crossing designs for the Monterey Place project located at 667 Monterey.
69.The project address should be established prior to building permit application if possible.
Otherwise, the address will be established during permit review and prior to permit
issuance.
70.A separate demolition plan and permits are required for the structures located on the project
site. The plan shall include an inventory of all improvements located on the City parcel
and within the public right-of-way. Any historic materials shall be noted and shall include
a matrix of the proposed disposition. Unless otherwise proposed or required to be re-used
within the project, the historic granite curbing, walls, and stairs located on the project site
shall be preserved and delivered to an approved location to the satisfaction of the City.
71.The demolition plans shall show the location of all existing utilities. Existing utilities shall
be approved for re-use or shall be abandoned per City Engineering Standards. The
applicant should confirm whether any utilities remain from the previous demolition of the
structure(s) located on the project site. City improvement plan records and/or sewer
mainline televising records are available upon request.
72.Projects involving the construction of new structures generally requires that complete
frontage improvements be installed or that existing improvements be upgraded per city
standard. MC 12.16.050
73.New curb, gutter, sidewalk, curb ramps, bulb-outs, street parking, signage, striping, parking
meters, street tree plantings, street lighting, demolitions, etc. shall be completed as a
condition of the project. Except where standard streetlights are required, the frontage
improvements shall include new pedestrian level streetlights per the approved master plan
and City Engineering Standards.
74.The project is located within the Mission Style Sidewalk District of downtown. Unless
directed otherwise and approved by Public Works or Community Development Directors,
all new or replaced improvements shall be constructed in the Mission Style per City
Engineering Standards.
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75.Any proposed phasing of the public improvements shall be approved by the City. If phased,
interim improvements may be required to provide a reasonable transition between
adjoining projects.
76.The required public improvements may be shown with the building permit submittal or
could be processed as a separate public improvement plan. The on-site plans and off-site
plans shall agree. Unless otherwise approved by the City, the building permit plans shall
not be approved or permits issued until the adjoining public improvements are approved.
77.The building plan submittal shall include a complete site, grading, drainage, and utility
plan. If proposed grading, drainage, and utilities are to be permitted under a separate
submittal, this information shall be shown “for reference only” on the building plan
submittal. The plan shall show all existing and proposed underground and overhead
utilities for reference. All utility company meters, vaults, equipment, and transformers
shall be shown for reference.
78.All new wire utilities shall be underground. Unless otherwise approved by the City, the
underground service(s) shall be achieved without a net increase of utility poles within the
public right-of-way.
79.The required PGE service work and their preliminary design memo shall be reviewed and
approved by the City and the engineer of record prior to commencing with final designs.
The final PGE handout package shall be approved prior to building permit issuance or shall
be listed as a deferred submittal item. The plan shall clarify how secondary service will be
maintained or re-served to the remaining properties to the east.
80.Handrails for any on-site stairs or ramps shall not encroach into the public right-of-way or
public sidewalk area and shall comply with current Americans with Disabilities Act (ADA)
code.
81.The building plan submittal and project drainage report shall show and note compliance
with the Drainage Design Manual, Floodplain Management Regulation, and the Post
Construction Stormwater Regulations. The stormwater BMP’s shall be located outside the
public right-of-way unless otherwise specifically approved by the City. The PCR
compliance approach and strategy shall consider how the treatment of runoff from the
altered or replaced public improvements will be managed. Some stormwater BMP’s
designed to treat runoff from public streets and sidewalks may be located within the Public
right-of-way.
82.The building plan submittal shall clarify that the access into the lower floor and basement
exit systems are located above the base flood elevation (BFE). Unless otherwise approved
by the City, a one-foot freeboard should be provided above the BFE. All building service
equipment shall be located outside or above the BFE.
83.The building plan submittal shall include a complete grading and drainage plan. The plan
shall evaluate whether there is existing run-on from the neighboring upslope properties.
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The plans shall clarify the extent of any run-on and shall clarify how the drainage will be
collected and conveyed to an approved outlet. A portion of the roof from an adjoining
structure with a zero setback appears to discharge onto this site. An analysis of the entire
limits of the watershed tributary to the easterly property line will be required.
84.The building plan submittal shall include a complete tree summary showing all existing
trees, tree diameters, species, and proposed disposition. The plan shall include trees on
neighboring properties with tree canopies/root zones that may encroach into the area of
construction disturbance. A tree preservation plan shall be provided to clarify how all trees
proposed to remain will be protected during demolition and construction.
85.Street trees are required as a condition of the building permit. The landscape and irrigation
plans shall show irrigation improvements and sleeves under the sidewalk to provide
irrigation to any parkway plantings and/or tree wells. Street tree species and plantings shall
be in accordance with the City Engineering Standards and may include palm trees.
Transportation Division - Public Works Department
86.Pursuant to Chapter 4.56 of the City of San Luis Municipal Code, the project shall be
responsible for paying applicable transportation impact fees prior to issuance of building
permits.
87.Per Mitigation Measure T-1 of the Palm/Nipomo Parking Structure Project EIR, a
Construction Management Plan shall be submitted for review and approval by the Public
Works and Community Development Departments. Prior to issuance of building permits
and encroachment permits for the proposed theater project, a Construction Management
Plan must be approved by the Public Works and Community Development Departments -
either as a combined plan for the parking structure and theater project or as a stand-alone
plan for the theater project only.
Utilities Department
88.The proposed utility infrastructure shall comply with the latest engineering design
standards effective at the time the building permit is obtained and shall have reasonable
alignments needed for maintenance of public infrastructure.
89.The project must construct a new sewer lateral and water services for the proposed use.
90.MAWA and ETWU calculations shall be provided for the proposed landscape plan per the
following formula: http://www.slocity.org/government/department-directory
91.Projects generating more than two cubic yards of total waste shall comply with AB 1826,
and local waste management ordinance to reduce greenhouse gas emissions. Trash
enclosure(s) shall conform the requirements by the San Luis Garbage Company, and refuse
bins shall be sized to provide a reasonable level of service. Separate refuse bins shall be
accommodated within the site for waste, recycling, and organics.
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92.Applicant will need to obtain in writing that the proposed enclosures and collection method
meets the San Luis Garbage Company (SLG) requirements. SLG can be contacted at (805)
543-0875. The proposed plans show large waste containers at the bottom of the access
ramp near the north boundary of the project, which will be difficult to access. Please consult
with SLG to review the access and ensure the large bins will not create a safety hazard. All
three waste streams need to be included in the proposed trash enclosure per Section 2.1.1-
D of the Uniform Design Criteria.
93.Driveways and access routes to the trash enclosure shall be designed to accommodate the
size and weight of the garbage trucks; a written confirmation from the San Luis Garbage
Company shall be included in the building permit plans for the proposed project. The trash
enclosure area shall have a maximum slope of two percent in a way that waste services will
not interfere with vehicular or pedestrian traffic.
94.Tree wells shall maintain a 10-foot clearance to the existing sewer and water mains. New
curbs along the frontage improvements shall maintain a 2-foot clearance between the new
lip of gutter and the outside edge of existing sewer or water mains.
95.Underground dewatering systems for basements shall discharge to an on-site retention
system or shall obtain an environmental compliance permit prior to issuance of an
occupancy permit.
Palm Nipomo Parking Structure Use Permit
96.The proposed parking structure shall operate in substantial compliance with the project
description approved by the City Council.
SLO Rep Theatre Use Permit
97.The applicant shall defend, indemnify, and hold harmless the City and/or its agents,
officers, and employees from any claim, action, or proceeding against the City and/or its
agents, officers, or employees to attack, set aside, void, or annul the approval by the City
of this project, and all actions relating thereto, including but not limited to environmental
review (“Indemnified Claims”). The City shall promptly notify the applicant of any
Indemnified Claim upon being presented with the Indemnified Claim, and City shall fully
cooperate in the defense against an Indemnified Claim.
98.The proposed SLO Rep theatre shall operate in substantial compliance with the project
description approved by the City Council.
Upon motion of _______________________, seconded by _______________________,
and on the following roll call vote:
AYES:
NOES:
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ABSENT:
The foregoing resolution was adopted this 12th day of November 2019.
____________________________________
Mayor Heidi Harmon
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, this ______ day of ______________, 2019.
____________________________________
Teresa Purrington
City Clerk
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EXHIBIT A
Palm Nipomo Parking Structure Project General Plan Amendment Map Change
Existing Proposed
Office
Medium-
High
Residential
General
Retail
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ORDINANCE NO. _______ (2019 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO, CALIFORNIA, REZONING PROPERTIES AT
609 & 633 PALM, 610, 614 & 630 MONTEREY, 970 & 972 NIPOMO
STREETS FROM OFFICE WITH A HISTORIC DISTRICT
OVERLAY (O-H) AND MEDIUM-HIGH DENSITY RESIDENTIAL
(R-3) TO DOWNTOWN COMMERCIAL ZONE WITH A
HISTORIC OVERLAY (C-D-H) CONSISTENT WITH THE PALM
NIPOMO PARKING STRUCTURE PROJECT WITH AN
ADDENDUM TO THE CERTIFIED ENVIRONMENTAL IMPACT
REPORT AS REPRESENTED IN THE COUNCIL AGENDA
REPORT AND ATTACHMENTS DATED NOVEMBER 5, 2019
(RZ-0460-2019)
WHEREAS, the Planning Commission of the City of San Luis Obispo
conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San
Luis Obispo, California, on October 23, 2019, and recommended a revision to the City’s
Zoning Map (Exhibit 1 attached) consistent with the Palm Nipomo Parking Structure
Project as part of the entitlement process for the project (RZ-0460-2019); and
WHEREAS, the City Council of the City of San Luis Obispo conducted a
public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis
Obispo, California, on November 5, 201 9 , for the purpose of approving the rezone ;
and
WHEREAS, the City Council finds that the proposed amendments are
consistent with the General Plan as amended, the purposes of the Zoning Regulations,
and other applicable City ordinances; and
WHEREAS, the City Council adopted a Final Environmental Impact Report
(FEIR) for the project (SCH #2017051011) that addressed impacts related to the rezone
at its public hearing of July 17, 2018, and review of the Addendum at its public hearing
of November 5, 2019; and
WHEREAS, notices of said public hearings were made at the time and in the
manner required by law; and
WHEREAS, the City Council has duly considered all evidence, including the
testimony of the applicant, interested parties, and the evaluation and recommendations by
staff, presented at said hearing.
NOW, THEREFORE, BE IT ORDAINED , by the City Council of the
City of San Luis Obispo as follows:
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Ordinance No. ______ (2019 Series) Page 2
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SECTION 1. Environmental Determination. The City Council hereby finds that
this action has been environmentally reviewed pursuant to the provisions of the
California Environmental Quality Act (Public Resources Code Sections 21000, et
seq. (“CEQA”), the State CEQA Guidelines (California Code of Regulations, Title 14,
Sections 15000, et seq.) and the City's local standards. On July 17, 2018, the City
Council certified the Final Environmental Impact Report (SCH #2017051011), adopted a
Mitigation Monitoring and Reporting Program, and adopted CEQA Findings and
Mitigation Measures, including a Statement of Overriding Considerations, for the Palm
Nipomo Parking Structure Project per Resolution No. 10923 (2018 Series). A Notice of
Determination was filed with the San Luis Obispo County Clerk Recorder’s Office on
July 19, 2018.
The City Council adopts the following findings to approve the Addendum to the certified
FEIR: 1) the minor technical changes addressed in the Addendum do not materially
change the findings and conclusions of the certified FEIR; 2) no substantial changes are
proposed or would occur that would require major revisions to the certified FEIR; 3) no
new significant environmental effects are identified and there would not be a substantial
increase in the severity of previously identified significant effects; 4) the project would
not result in any significant effects that would be substantially more severe than what was
identified in the certified FEIR. Furthermore, the applicant will comply with all
mitigation measures and environmentally mitigating project features included in the
certified FEIR.
SECTION 2. Findings. Based upon all evidence, the City Council makes the
following findings:
a)The rezone allows the implementation of the Palm Nipomo Parking Structure
Project by rezoning the site to be consistent with the General Plan as amended.
b)The rezone is consistent with General Plan Land Use Element policies and map as
amended related to the Palm Nipomo Parking Structure Project, including the land
uses and conceptual development envisioned for the area for following reasons: 1)
The rezone would facilitate the General Plan Land Use map as amended and
reflect General Plan development parameters for the area; and 2) the rezone would
facilitate appropriate infill development and construction consistent with the City’s
Downtown Concept Plan and support General Plan policies for the development of
Downtown.
c)The rezone will not create non-conforming uses at the site because any existing
uses that remain on site would be allowed under the new zoning.
SECTION 3 . Action. The City Council of San Luis Obispo hereby approves
the rezone and land use map amendment as shown in attached “Exhibit 1,” which is
consistent with the land use designations included in the General Plan as amended.
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SECTION 4 . Severability. If any section, subsection, sentence, clause, or
phrase of this Ordinance is for any reason held to be invalid or unconstitutional by
a decision of any court of any competent jurisdiction, such decision shall not affect
the validity of the remaining portions of this Ordinance. The City Council hereby
declares that it would have passed this Ordinance, and each and every section,
subsection, sentence, clause, or phrase not declared invalid or unconstitutional
without regard to whether any portion of the Ordinance would be subsequently
declared invalid or unconstitutional.
SECTION 5. A summary of this ordinance, together with the names of Council
members voting for and against, shall be published at least five (5) days prior to its final
passage, in The Tribune, a newspaper published and circulated in this City. This
ordinance shall go into effect at the expiration of thirty (30) days after its final passage.
INTRODUCED on the 12th day of November, 2019, AND
FINALLY ADOPTED by the Council of the City of San Luis Obispo on
____ day of _____________, 2019, on the following vote:
AYES:
NOES:
ABSENT:
______________________________
Mayor Heidi Harmon
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, this ____ day of _________________,
2019.
Teresa Purrington, City Clerk
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Exhibit 1. Amended Land Use Map and Rezoning Map
Palm Nipomo Parking Structure Project Amended Land Use and Rezoning Map
Existing Proposed
Medium-High
Residential (R-3)
Office with a
Historic Overlay
(O-H)
Downtown
Commercial with
a Historic Overlay
(C-D-H)
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MEMORANDUM
Date: October 4, 2019
TO: Project File
FROM: Richard Burde, PE, Engineer III
Chris Read, Sustainability Manager
CC:
Project Team
VIA: Matt Horn, PE, City Engineer
Brian Nelson PE, Supervising Civil Engineer
SUBJECT: Electrical Design Recommendations for Palm - Nipomo Garage
Introduction
For the last several years the City has aspired to develop the existing surface lot at the corner of
Palm and Nipomo into a multi-level parking structure. Design of the structure began in March
2019 and is currently underway by the project design consultant, Watry Design, Inc. Construction
is expected to start by the end of 2020. In addition to adding much needed parking to the downtown
core, this development provides a valuable opportunity for the City to gain experience in
implementing green technologies in a major capital project while balancing the monetary costs
associated with such advancements.
The Palm–Nipomo Parking Structure is scheduled to go to City Council for approval on November
5, 2019. With the project currently in the preliminary design stage, City Administration staff asked
Public Works staff to investigate and make recommendations on the appropriate level of
implementation of green technologies, including solar and electrical vehicle charging.
This document provides a discussion of the benefits and challenges of such a project and provides
recommendations for prudent levels of green technology implementation in the design of the
structure’s electrical system.
Background
As stated in the City’s Climate Action Plan, San Luis Obispo has set a goal for becoming carbon
neutral by 2035. If this ambitious milestone is to be achieved all viable opportunities for
implementing green technology must be taken advantage of. However, mass implementation of
many emerging green technologies is often cost prohibitive and the City’s desire to show
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leadership in environmental sustainability must always be balanced by the monetary costs
associated with these advancements.
The new parking structure at Palm and Nipomo will require a heavy investment from the City and
is expected to have a life span of 50 years or more. This makes it critical for City staff to thoroughly
consider current technologies and consumer trends in parking, as well as try to anticipate how
emerging technologies might affect the future use of parking structures.
Palm-Nipomo Proposal (Preliminary Implementation of Green Technologies)
To date, Watry Design Inc. has produced a preliminary layout of the garage which includes 403
stalls on five levels. Of the 403 total stalls, 43 have been equipped with electric vehicle (EV)
charging stations, or roughly 10% of total stalls. This allocation of EV stalls is in line with the
current City Zoning Regulations see section 17.72.040 which requires 10% of stalls to be EV ready
and an additional 25% of stalls to be made EV capable.
In addition to EV charging, Watry’s preliminary layout includes photovoltaic (PV) panels on the
structure’s top level with coverage equaling 8,935 of the 32,000 total square feet. Photovoltaic
panels would be used to offset the energy demands of the garage, including load requirements of
EV charging stations, as well as reduce the City’s overall dependence on traditional power sources.
Any excess power produced would be directed to the grid, making clean energy available for use
elsewhere.
Green Technologies Currently Available
Upon receiving Watry’s preliminary design, City staff researched whether expanding the use of
green technologies in the Palm–Nipomo structure would be practical. The following section
outlines the current capabilities, limitations, and costs associated with EV chargers and PV panels.
In addition, the potential use of battery walls to offset peak demand electrical pricing will be
explored.
EV Charging – There are now over a million electric vehicles on the road across the US and a
million more are expected within the next three years. California leads the U.S. in EV purchases
where 7.1% of new cars sold in the state are electric. This trend in increased electric vehicle use
presents an opportunity for parking garage operators to attract customers by providing charging
stations in their structures.
Currently there are three primary options available for charging electric vehicles:
• Level 1 chargers - generally installed at private residences, they operate on a 120 Volts
Alternating Current (AC) and require 8-12 hours to fully charge an electric battery.
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• Level 2 chargers - the most common type of chargers, these operate on a 240 Volts AC
plug and require 4-6 hours to fully charge an electric battery. Level 2 chargers are
compatible with all electric and hybrid vehicles.
• Level 3 chargers - known as direct current (DC) Fast Chargers, they operate on a 480 Volts
DC and can provide an 80% charge in as little as 30 minutes.
All 43 EV-ready stalls currently being proposed in the Palm–Nipomo structure are Level 2
chargers, each of which will demand 6.656 kilowatts of electricity while in use.
Operating Costs of EV Charging
In April of 2019, the City installed 19 EV Level 2 charging stations in the Marsh St. parking
garage, making it the City’s first significant implementation of EV charging. Despite the growing
popularity of electric vehicles in California and the strong occupancy rates of the general stalls at
Marsh St., use of the charging stations remains low. This is true even though the City only collects
its typical parking rates and does not pass along electrical fees associated with charging to the
consumer.
Analysis by the Parking Services Programs has determined that the average price for power used
in the Marsh St. garage is $0.36 per kilowatt hour, with peak rates of $0.58 per kilowatt hour.
Therefore, a car parked and charging during peak rates incurs an energy cost to the City of
$3.86/hour while only paying $1.50/hr in parking fees.
At this rate, a customer fully charging a vehicle during a 6-hour stay would pay $7.50 in parking
fees ($1.50/hour with the first hour free). During this time the City would incur $23.16 in electrical
costs during peak times which equates to a $15.66 loss to provide this service ($7.50 of parking
fees minus $23.16 electrical cost). During average rate times, the cost of electricity is lower but
still equates to a $6.90 loss to provide this service.
Providing EV charging stalls also brings hidden or “soft” costs to the project by reducing the
parking structures revenue potential. Due to the enlarged space requirements of the EV charging
stations and the need to maintain ADA-compliant paths of travel, the addition of EV charging
stations beyond the 10% base requirement will require the elimination of traditional stalls, further
impacting the structures potential for generating revenue. For example, making the parking
structure 100% EV capable would reduce the total stall count by 35 stalls, roughly 8.6%. With
debt financing being pursued for construction funding any potential impact on the structures ability
to generate revenue must be carefully considered.
Photovoltaic panels - Photovoltaic (PV) technology has been used on small scales to convert light
into electricity for decades, but with advancements in PV technology over the last 20 years their
use as a clean, reliable source of energy has become common. Today, PV panels annually produce
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27.3 Terawatt hours worth of electricity in California, making it the second most utilized energy
source in the state. This mass implementation has also contributed to the capital cost of PV systems
dropping by approximately 34% over the last 5 years.
Preliminary cost estimates for photovoltaic systems vary based on size and design specifics , but
for the purposes of assessing the viability of implementation, a conservative cost of $3.00/watt
will be used. At this price point, assuming average electrical cost of $0.36 per kwh incurred at the
Marsh St. structure, it would take 5.7 years at 4 hours of production a day for the panels to pay for
themselves. Applying peak rates of $0.58/kwh to the analysis would be reduced this to 3.54 years.
With a lifespan for the panels of 20-30 years and minimal maintenance required to keep them
functioning efficiently, PV implementation is clearly of benefit.
Battery Walls - The last few years have also brought significant advancements in battery
technology. Often used to complement PV systems, battery walls can store solar power produced
during daylight hours, making it available for EV charging at night. A charged battery can also be
used to offset power used during peak pricing times by bridging the gap between the power output
of a PV system and the draw of high-energy equipment such as EV chargers.
At a price point of $7500 each, wall batteries require routine maintenance, and have a lifespan of
10 years or less. These units also require additional storage space that can house control systems,
as well as cooling and ventilation systems.
Although additional cost analysis would be needed in order to accurately quantify the total price
for battery wall implementation, preliminary calculations suggest this is not economically feasible.
Palm – Nipomo Design Recommendations
EV Chargers - Currently the California Green Code requires a parking structure of 200 units or
more to provide 6% of total stalls to EV charging. This requirement is high compared to other
states which highlights the commitment to environmental sustainability the City of San Luis
Obispo has shown by requiring 10% EV ready and an additional 25% capable.
It is the recommendation of City staff to implement the EV standards set forth in the City Zoning
Regulations of 10% EV ready and 25% EV capable, which is a larger implementation than required
in the California Green Code.
Photovoltaic panels – Staff recommends increasing the use of photovoltaic panels from 8,935
square feet (sf) currently being proposed to 17,147 sf. This increase requires installation of
photovoltaic panels along the perimeter of the top level of the parking structure which may change
the aesthetic look of the structure as seen from the street.
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Battery wall - Battery walls are not deemed economically feasible at this time and should not be
implemented in the design of the garage.
Policy Considerations
Although this memo is focused on the capital investments associated with the proposed parking
garage, Public Works and the Office of Sustainability met to discuss additional policy
considerations that could help support staff design recommendations. It is recommended that
these policy considerations be presented at the November 5 City Council meeting and that the
issues are resourced and addressed as the construction component of the project moves forward.
The City has converging needs around rapidly increasing housing production, reducing vehicle
miles traveled, reducing congestion, supporting active transportation and transit, enhancing
downtown and implementing the downtown concept plan, addressing cost-of-living and equity
issues, and reducing greenhouse gas emissions. The Palm/Nipomo garage should exist to serve
the success of these broader policy priorities, and under this context the following policy and
operational considerations should be considered:
1. Allowing downtown residents to park and charge overnight – This could allow new
residential developments to have reduced parking requirements, would provide off-peak
charging revenue, would provide access to charging for downtown residents, and would
allow greater utilization of the garage.
2. A program to test EV charging rates – Given the dynamic pricing capabilities of
ChargePoint chargers, the existing Marsh Street and the proposed Palm/Nipomo garages
provide an opportunity to test rates to strike the correct balance between cost recovery
and utilization. Initial ideas include:
a. Equity rates that provide free or significantly reduced charging for income
qualified residents
b. Special rates for overnight charging
c. Partnership with hotels and tourism groups (e.g., TBID, Chamber of Commerce,
Downtown Association) to receive subsidies on charging rates that allow City
cost recovery and cheap charging for visitors
d. Full cost recovery for all other users
3. A program that illustrates how the project supports full implementation of the Downtown
Concept Plan. Substantial economic development opportunities exist through
implementation of the Downtown Concept Plan, including through reclaiming on-street
parking spaces for commerce and recreation and through enhancing active transportation
accessibility. An approach that allows projects to shift their EV charging space
requirements to the Palm/Nipomo garage could achieve objectives related to providing
chargers without compromising the implementation of the plan.
4. A marketing campaign to drive utilization – The existing Marsh street chargers are a
substantial investment, but they have not been supported with marketing, signage, or site
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aesthetic enhancements. A collaboration with tourism and downtown organizations, as
well as with the City’s communications resources, could help drive greater utilization.
Conclusion
With uncertainty regarding the future public demand for EV charging and a bid market that is
producing much higher than anticipated construction costs, it is hard to justify increasing project
scope for infrastructures that may never be fully utilized. The electrical design recommendations
proposed by staff above was the result of weighing cost of implementation, current usage, and
future projected use of green technologies
Further implementation of the Downtown Master Plan also includes the construction of additional
parking structures and will provide new opportunities for implementing green technologies should
the cost-benefit analysis change in the future.
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PHASE 3:
PUBLIC ENGAGEMENT & EIR PREPARATION
PHASE 4:
PUBLIC MEETINGS
PHASE 1:
DESIGN OPTION ANALYSIS
PHASE 2:
REFINE DESIGN
2003
May 25, 2004
City Council Meeting
• Review schematic
design options
2004 2005 2006 2007 2008 2009
2003
City Council Meeting
• Palm-Nipomo Parking
Structure established
as a major City goal
July 5, 2005
City Council Meeting
• Review design
refinements
April 24, 2007
City Council Meeting
• Identify preferred
Option D3
December 1, 2009
City Council Meeting
• Approve RFPs
for design &
environmental
2010 2011 2012
2010
• Parking Structure
Stakeholder &
Steering Committee
meetings
October 20, 2010
• Parking Structure
Public Workshop #1
2013 2014 2015 2016 2017 2018 2019
January 19, 2016
City Council Meeting
• Directs staff to move
forward with the full
project EIR
May 10, 2017
Planning Commission
• Conceptual review of
the project and EIR
scoping
City Council & Planning
Commission Hearings
Stakeholder Interviews &
Public Workshops
Architectural Review &
Cultural Heritage
Committees
PALM AND NIPOMO
PARKING STRUCTURE &
SLO REPERTORY THEATRE
PROJECT TIMELINE
DATE: OCTOBER 1, 2019
LEGENDAugust, 2016
• Theatre Full
Feasibility Study
completed
July 17, 2018
City Council Meeting
• EIR Review and
certification
September 16, 2019
Architectural Review
Committee
• Design Refinements
Reviewed
January 22, 2018
Cultural Heritage
Committee
• EIR Review
2010
• Watry & design team
begin work on Parking
Structure project January 3, 2012
City Council Meeting
• Directs staff to
prepare RFP for EIR
March 17, 2009
City Council Meeting
• Review financial
analysis and parking
demands
October 18, 2012
• Theatre Stakeholder
Meeting/ Design
Questionnaire
November 16, 2012
• Theatre Public
Workshop #1
November 28, 2012
• Theatre Public
Workshop #2
February 13, 2014
• Theatre presents
design to City staff
• First draft of MOU
created
November, 2016
• Theatre Campaign
staff and consultants
contracted
December 2016
• Parking Structure
Stakeholder
Interviews
November, 2018
City Council Meeting
• Exclusive Negotiating
Agreement passed
September 23, 2019
Cultural Heritage
Committee
• Design Review
August 19, 2019
Architectural Review
Committee
• Design Review
February, 2015
• Theatre’s MOU second
draft completed
February, 2018
• Theatre MOU
updated to meet draft
Exclusive Negotiating
Agreement by City
January 19, 2011
• Parking Structure
Public Workshop #2
January 17, 2017
• Creative Vision Team
Stakeholders Meeting
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ADDENDUM TO THE
CERTIFIED FINAL ENVIRONMENTAL IMPACT REPORT
FOR THE
CITY OF SAN LUIS OBISPO
PALM NIPOMO PARKING STRUCTURE PROJECT
JULY 2019
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 respect 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 previously 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.
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 site’s proposed zoning and land use designation 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 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.
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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 discretionary actions
identified in the EIR included a General Plan amendment from Office and Medium-High Density
Residential to Public and a Zone Change from Office with a Historic Overlay (O-H) and Medium High
Density Residential (R-2) to Public Facility with a Historic Overlay (PF-H).
The City is now proposing to change the land use designation from Public to Downtown Commercial and
the zoning from Public Facility with a Historic Overlay (PF-H) to Downtown Commercial with a Historic
Overlay (C-D-H) to allow for the uses as they are described and analyzed in the EIR. No physical changes
to the project or proposed uses would occur.
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
significant and unavoidable impacts with respect to alteration of visual character, 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.
The proposal to change the land use designation to Downtown Commercial and zoning of the site to
Downtown Commercial with a Historic Overlay (C-D-H) would not result in any physical or operational
changes to the project. Construction and operation of the project on the site would continue to operate
as analyzed in the EIR. The Public Facility (PF) zone, which was previously proposed for the project, does
not fully comply with the specific commercial uses, setbacks, and heights for the approved project
evaluated in the EIR. With the proposed land use designation and zoning change, the commercial space
and non-profit theater would continue to be developed to a height of 41 to 43 feet and the maximum
height of the parking structure would continue to be 50 feet. The proposed zone change to Downtown
Commercial with Historic Overlay (C-D-H) would allow the development of buildings on the site to a
maximum height of 50 feet, thus reducing the requirement of a Planning Commission Use Permit to
allow deviations from the Public Facility zone. With the proposed land use designation and zoning
change, the project would continue to be developed with an approximately 200 x 200 square foot floor
area and 10 foot setback from the eastern project boundary. Proposed setbacks would not change from
what was previously evaluated in the EIR. The proposed Downtown Commercial zone does not have
setback requirements, thus reducing the requirement of a Use Permit to allow setback deviations from
the Public Facility zone. As previously analyzed and concluded, the proposed project would be
substantially taller and wider than the other surrounding development, altering the surrounding visual
character, resulting in a significant and unavoidable impact.
The change in zoning and land use designation would not alter any of the impacts as compared to the
approved project covered in the EIR and would not result in new or significantly increased
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environmental impacts with respect to cultural resources, noise, and traffic. The change in zoning and
land use designations would not alter or change the existing historic resources on-site, would not result
in changes to vehicle trip generation, construction or operational noise levels, or degrade levels of
service on adjacent roadways and intersections, beyond what was previously analyzed in the EIR.
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 the proposed zoning and land use 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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