HomeMy WebLinkAboutPC-1035-21 (USE-0803-2019 -- 1328 Foothill Blvd.)RESOLUTION NO. PC-1035-21
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.
Resolution No. PC-1035-21
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.
Resolution No. PC-1035-21
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.
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.
14. Prior to the establishment of the use, all parking spaces identified on plans shall be inspected
to verify compliance with engineering standards, including parking stall dimensions and
surface material used.
Resolution No. PC-1035-21
1328 Foothill Blvd, USE-0803-2019
Page 4
On motion by Commissioner Shoresman seconded by Commissioner Hopkins, and on the
following roll call vote:
AYES: Commissioner Hopkins, Kahn, Quincey, Shoresman, Wulkan, Vice -Chair
Jorgensen and Chair Dandekar
NOES: None
REFRAIN: None
ABSENT: None
The foregoing resolution was passed and adopted this 24h day of February 2021.
Tyler Core , e retary
Planning Commission