HomeMy WebLinkAboutItem 3 - USE-0803-2019 (1328 Foothill)PLANNING COMMISSION AGENDA REPORT
SUBJECT: Request to establish a new sorority use (Delta Gamma) on a property with three existing
dwelling units in the High-Density Residential zone. The project includes a request to establish four
parking spaces in a tandem arrangement.
PROJECT ADDRESS: 1328 Foothill Blvd. BY: Kyle Van Leeuwen, Associate Planner
Phone Number: (805) 781-7091
E-mail: kvanleeu@slocity.org
FILE NUMBER: USE-0803-2019 FROM: Tyler Corey, Principal Planner
RECOMMENDATION: Adopt the Draft Resolution (Attachment 1) which approves the
Conditional Use Permit to establish a new sorority use, based on findings, and subject to conditions.
SITE DATA
Applicant Delta Gamma
Owner Pacific Capital Management
Zoning R-4
General Plan High Density Residential
Site Area ~ 8,900 s.f.
Environmental
Status
Categorically exempt under
Class 1 (Section 15301),
Existing Facilities, of the CEQA
Guidelines.
SUMMARY
The Zoning Regulations (Table 2-1) require Planning Commission approval of a Conditional Use
Permit to establish a new fraternity or sorority use within the High -Density Residential (R-4) zone.
The applicant, Delta Gamma, is proposing to establish a new sorority use on a property with three
existing dwelling units in the R-4 zone. The applicant has proposed to use the existing duplex and
detached garage apartment, located at the rear of the property, as the exclusive housing for select
members of Delta Gamma. The property will also be used in connection to recruitment activities and
for social events.
1.0 COMMISSION’S PURVIEW
The Planning Commission’s role is to review the project for consistency with the General Plan,
Zoning Regulations, and applicable City policies and standards.
Meeting Date: February 24, 2021
Item Number: 3
Item 3
Packet Page 9
USE-0803-2019
1328 Foothill Blvd
Page 2
2.0 PROJECT INFORMATION
Site Information/Setting:
Site Size ~ 8,900 s.f.
Present Use & Development Multi-Unit Dwelling residential use (3 dwelling units)
Land Use Designation High Density Residential (R-4)
Access From Foothill & private access easement
Surrounding Zoning/Use North: R-4 (Sorority Use)
East: R-4 (Single-Unit Dwelling)
South: R-4 (Multi-family Residences)
West: R-4 (Multi-family Residences)
Project Description
The applicant has proposed to use the existing 1,450 square-foot duplex and a 480 square-foot
apartment, located above the garage, as the primary housing for no more than six select members
of Delta Gamma. The duplex contains a total of three bedrooms, with the garage apartment
containing one additional bedroom. The project plans identify one of the rooms of the duplex as
a dining room, however this room is consistent with the City’s definition of bedroom and is being
counted as the third bedroom of the duplex. The property provides six parking spaces, four of
which are proposed in a tandem arrangement. (Attachment 2, Project Description).
3.0 PROJECT ANALYSIS
The proposed project must be consistent with the requirements of the General Plan and Zoning
Regulations. Staff has evaluated the project’s consistency with relevant requirements and has found
it to be in substantial compliance, as discussed in this analysis.
Consistency with the Zoning Regulations
The Zoning Regulations (§17.156.014) define fraternity and sorority housing as a residence for
college or university students who are members of a social or educational association that is
affiliated and in good standing with California Polytechnic State University. Sorority housing is
also identified in the Zoning Regulations as “group housing” which is regulated by Chapter
17.146 Residential Occupancy Standards, as discussed below.
Occupancy: Chapter 17.146 establishes a maximum population density for group housing within
different zones. The R-4 zone is limited to 55 persons per acre. The project site has a total area of
approximately 8,900 square feet (0.20 acre), therefore, a maximum of 11 persons could be
requested to reside on the property. However, the applicant has proposed to provide housing for
no more than six members of Delta Gamma. Condition No. 2 has been provided to verify
consistency with this proposed number of occupants (Attachment 1, Draft Resolution).
Events: Recent fraternity/sorority use permit approvals include conditions that limit the number
of persons that can be on the site for typical routine fraternity/sorority meetings and gatherings,
including residents and guests. This limitation is based on the number of parking spaces available
in the vicinity, the area inside buildings, and the number of persons living at the house. Condition
No. 4 limits the number of persons on the site for typical meetings and gatherings to 17 or fewer
persons. This number is based on a formula where the maximum number is based on 1.5 times
the number of residents allowed per occupancy standards (1.5 x 11 = 17). The condition notes
Item 3
Packet Page 10
USE-0803-2019
1328 Foothill Blvd
Page 3
that any special events involving more than 17 persons would require approval of the Community
Development Director and the submittal of a parking management plan (Attachment 1, Draft
Resolution).
Parking: The Zoning Regulations states that the parking requirement for a sorority is one space
per 1.5 occupants or 1.5 spaces per bedroom, whichever is greater (§17.72030, Table 3-4: Parking
Requirements by Use). The applicant has stated that up to six persons will occupy the four-
bedroom property. The parking requirements for the proposed use are provided below:
6 occupants / 1.5 = 4 parking spaces or; 4 bedrooms x 1.5 = 6 parking spaces
Based on this calculation, the project requires six parking spaces. The applicant has identified six
spaces on site, with four of the six spaces provided in a tandem arrangement in the existing
driveway (two spaces encumbered by two other spaces). The proposed tandem parking
arrangement is consistent with the Zoning Regulations (§17.72.090 C.) because the parking
spaces can be assigned for the exclusive use of occupants of a designated dwelling and is
consistent with the existing neighborhood pattern.
Condition No. 7 has also been included with the resolution requiring the project site to provide
interior space for the storage of at least one bicycle per resident. The applicant has stated that
room for bicycle storage is available in the existing garage. (Attachment 1, Draft Resolution).
Consistency with the General Plan
The proposal to allow sorority housing at the proposed property is consistent with policies
contained in the City’s General Plan.
Land Use Element: Policy 2.6.5: Student and Campus Housing, Fraternities & Sororities: The
City shall work with Cal Poly to develop a proposal to locate fraternities and sororities on campus
for consideration by the CSU Board. If locations on campus cannot be provided, fraternities and
sororities should be limited to medium-high and high-density residential areas near the campus.
Housing Element: Policy 8.5: Fraternities and Sororities: Locate fraternities and sororities on
the Cal Poly University campus. Until that is possible, they should be located in Medium-High
and High Density residential zones near the campus.
The proximity of the sorority to the Cal Poly campus is consistent with the City’s General Plan
Land Use and Housing Element policies and provides sorority members with a housing option
within walking and biking distance of campus (approx. 200 feet from campus property). The
project site is currently zoned High-Density Residential (R-4) and is in an area surrounded by
residential developments near the campus.
4.0 ENVIRONMENTAL REVIEW
The project is categorically exempt under Section 15301 of the CEQA Guidelines, Class 1, Existing
Facilities because the project will occupy an existing residential development that will result in no
expansion beyond that of the existing residential use.
Item 3
Packet Page 11
USE-0803-2019
1328 Foothill Blvd
Page 4
5.0 OTHER DEPARTMENT COMMENTS
The requirements of the other departments are reflected in the attached Draft Resolution as conditions
of approval, where appropriate.
6.0 ALTERNATIVES
1. Continue the project with specific direction to the applicant and staff on pertinent issues.
2. Deny the project based on findings of inconsistency with the General Plan, Zoning
Regulations or other applicable City policies and standards.
7.0 ATTACHMENTS
1. Draft Resolution
2. Project Description
3. Reduced Project Plans
Item 3
Packet Page 12
RESOLUTION NO. PC-XXXX-21
A RESOLUTION OF THE SAN LUIS OBISPO PLANNING COMMISSION
APPROVING A CONDITIONAL USE PERMIT FOR A NEW SORORITY
USE (DELTA GAMMA) ON A PROPERTY WITH THREE EXISTING
DWELLING UNITS IN THE HIGH-DENSITY RESIDENTIAL ZONE,
INCLUDING A REQUEST TO ESTABLISH FOUR PARKING SPACES IN
A TANDEM ARRANGEMENT WITH A CATEGORICAL EXEMPTION
FROM ENVIRONMENTAL REVIEW, AS REPRESENTED IN THE STAFF
REPORT AND ATTACHMENTS DATED FEBRUARY 24, 2021 (1328
FOOTHILL BOULEVARD, USE-0803-2019)
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a virtual
public hearing, on February 24, 2021, pursuant to a proceeding instituted under USE-0803-2019,
Delta Gamma, applicant; and
WHEREAS, the Planning Commission of the City of San Luis Obispo has duly considered
all evidence, including the testimony of the applicant, interested parties, and evaluation and
recommendations by staff, presented at said hearing.
WHEREAS, notices of said public hearing were made at the time and in the manner
required by law; and
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
San Luis Obispo as follows:
SECTION 1. Findings. The Planning Commission hereby grants final approval to the
project (USE-0803-2019), based on the following findings:
1. As conditioned, the project will not be detrimental to the health, safety, and welfare of persons
living or working at the site or in the vicinity because conditions have been included that
place limits on the number of persons allowed on site, restricts activities and large events,
provides adequate parking, and limits potential disturbances to neighboring properties. The
project will be compatible with site constraints and the character of the neighborhood.
2. The proposed project is consistent with General Plan Land Use Policy 2.6.5 and Housing
Element Policy 8.5 to locate student housing projects, fraternities, and sororities in close
proximity to the Cal Poly campus and other student-oriented uses and housing because the
subject property is located in a High-Density residential zone and 200 feet from Cal Poly
campus.
3. As conditioned, the proposed use is consistent with the Zoning Regulations because the
number of residents, six proposed, is less than the maximum group housing occupancy limits
of no more than eleven (11) persons for the subject property.
Item 3
Packet Page 13
Resolution No. PC-XXXX-21
1328 Foothill Blvd, USE-0803-2019
Page 2
Tandem Parking Findings
4. As conditioned, the proposed tandem parking for residential use is consistent with Zoning
Regulations Section 17.72.090 (C.1) because the spaces are identified for the exclusive use
of occupants of a designated dwelling.
5. The proposed tandem parking is safe and compatible with the surrounding neighborhood
because Foothill Boulevard in this area is a Residential Local street and neighboring
properties also utilize tandem parking arrangements.
SECTION 2. Environmental Review. The project is categorically exempt under Class
1, Existing Facilities; Section 15301 of the CEQA Guidelines, because the project will occupy an
existing residential development that will result in no expansion beyond that of the existing
residential use.
SECTION 3. Action. The Planning Commission hereby grants final approval to the
project with incorporation of the following conditions:
Planning Division
1. The applicant shall defend, indemnify, and hold harmless the City and/or its agents, officers
and employees from any claim, action or proceeding against the City and/or its agents,
officers or employees to attack, set aside, void or annul, the approval by the City of this
project, and all actions relating thereto, including but not limited to environmental review
(“Indemnified Claims”). The City shall promptly notify the applicant of any Indemnified
Claim upon being presented with the Indemnified Claim and the City shall fully cooperate in
the defense against an Indemnified Claim.
2. No more than six (6) persons shall reside on the site at any time. The applicant shall allow
the City to verify occupancy by allowing an inspection of the records or by a visual inspection
of the premises. Any inspection shall be at a reasonable time and shall be preceded by a 24 -
hour notice to the residents.
3. The maximum number of persons allowed on-site for routine meetings and gatherings shall
not exceed seventeen (17) persons.
4. No meetings, parties, or other types of sorority activities that would exceed a maximum
occupancy of 17 persons may take place on the project site, unless otherwise approved by the
Community Development Director for special events along with an approved transportation
plan to reduce impacts to the surrounding neighborhood.
5. A minimum of six (6) on-site parking spaces, as described in the project description and
shown on plans, shall be provided and maintained at all times. Tandem parking spaces shall
be assigned to individuals residing in the same unit, so that no vehicle is “blocked in” by a
vehicle of a different unit, consistent with Chapter… of the Zoning Regulations.
Item 3
Packet Page 14
Resolution No. PC-XXXX-21
1328 Foothill Blvd, USE-0803-2019
Page 3
6. All parking spaces identified on plans shall be kept available to the residents of the property
and not designated for any individuals not residing on site.
7. Pursuant to Zoning Regulations Table 3-6, the landlord and occupants of the property shall
maintain enough space within the existing garage structure for the long-term storage of at
least five bicycles. One additional short term bicycle space shall be provided for guests in the
form of a peak style bike rack.
8. A building permit is required for any proposed signage identifying the sorority house. The
signage shall be consistent with Sign Regulations requirements and shall be compatible with
the surrounding neighborhood to the satisfaction of the Community Development Director.
9. The property shall be maintained in a clean and orderly manner at all times, including
maintenance of landscaping.
10. The sorority shall remain affiliated and in good standing with the Interfraternity Council of
Student Life and Leadership at California Polytechnic University, San Luis Obispo. If the
sorority (Delta Gamma) becomes unaffiliated or no longer held in good standing with
California Polytechnic University, this Use Permit shall be revoked.
11. The landlord or property owner shall provide names and telephone numbers of responsible
persons to the Community Development Department and San Luis Obispo Police Department
(SLOPD) Neighborhood Services Manager on an annual basis. Responsible persons shall be
available during all events and at reasonable hours to receive and handle complaints.
12. The Conditional Use Permit shall be reviewed by the Community Development Director for
compliance with conditions of approval, or to determine whether a modification of the
Conditional Use Permit is necessary upon significant change to the sorority as represented
in the Staff Report dated February 24, 2021, or in the event of a change in ownership which
may result in deviation from the project description or approved plans.
13. This Conditional Use Permit can be referred to the Planning Commission for re-evaluation if
the City receives substantiated written complaints from any citizen, Code Enforcement
Officer, or Police Department employee, which includes information and/or evidence
supporting a conclusion that a violation of this Use Permit, or of City ordinances, regulations
or Police Department resources (calls for service) applicable to the property or the operation
of the business, has occurred. At the time of the Use Permit review, to ensure compliance
with these conditions, conditions of approval may be added, deleted, modified, or the Use
Permit may be revoked.
On motion by Commissioner ___________, seconded by Commissioner _____________,
and on the following roll call vote:
AYES:
Item 3
Packet Page 15
Resolution No. PC-XXXX-21
1328 Foothill Blvd, USE-0803-2019
Page 4
NOES:
REFRAIN:
ABSENT:
The foregoing resolution was passed and adopted this 24h day of February 2021.
_____________________________
Tyler Corey, Secretary
Planning Commission
Item 3
Packet Page 16
Item 3
Packet Page 17
Item 3
Packet Page 18
Item 3
Packet Page 19
Item 3
Packet Page 20