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HomeMy WebLinkAbout1236 Monte Vista (Delta Chi) Use PermitAft Zao7 SAN LUIS OBISPO PLANNING COMMISSION RESOLUTION NO. 5230-98 WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public hearing in the Council Chamber, City Hall, 990 Palm Street, San Luis Obispo, California, on August 12, 1998 pursuant to a proceeding instituted under application U 106-98, Kappa Sigma Housing Corporation, applicant. PLANNING COMMISSION USE PERMIT REVIEWED: U 106-98: Request to use an existing apartment complex as a fraternity. DESCRIPTION: On file in the office of Community Development Department, City Hall. GENERAL LOCATION: 1236 Monte Vista Place GENERAL PLAN LAND USE ELEMENT: High Density Residential. PRESENT ZONING: R-4, High Density Residental. WHEREAS, said Commission as a result of its. inspections, investigations, and studies made by itself, and in behalf of testimonies offered at said hearing has established existence of the following circumstances: 1. The proposed use, as conditioned, will not be detrimental to the health, safety and welfare of persons living or working in the area, because limits on hours for events and numbers of persons allowed on site will restrict activities and limit disturbances to neighbors. Resolution No. 5230-98 A 106-98 Page 2 2. The subject use is appropriate at the proposed . location, and will be compatible with surrounding land uses provided that the fraternity complies with all conditions at all times. 3. The proposed use conforms to the general plan because it is a group housing use, which the ,general plan says is appropriate for High -Density Residential areas. 4. The proposed use meets zoning ordinance requirements because it is a fraternity in a High - Density Residential (R-4) zone, where fraternities are allowed with approval of a Planning Commission use permit. 5. The proposed use is exempt from environmental review requirements because it is a residential use similar to the student housing uses that have existed at the site for many years (Class 1, Existing Facilities, Section 15301 of the CEQA Guidelines). NOW, THEREFORE, BE IT RESOLVED that the Planning Commission Use Permit 106-98 be approved subject to the following conditions. 1. No more than thirty-five (35) persons shall reside at 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. 2. A minimum of thirty-two (32) on -site parking spaces to city standards shall be provided and maintained at all times for the intended use. 3. The property shall be maintained in a clean and orderly manner. All plant materials shall be maintained and replaced as necessary. 4. The maximum number of persons allowed on the site for routine meetings an gatherings is 53, except as specifically approved by the Community Development Director for special events. For such special events, the applicant shall also submit a parking and transportation plan. 5. No meetings, parties, or other types of similar activities involving persons other than residents are allowed between the hours of 10 p.m. and 9 a.m., except as approved by the Community Development Director. 6. The applicant shall institute and maintain a neighborhood relations program. This plan shall include at least the following elements: *Annual training of all members in community relations. Resolution No. 5230-98 A 106-98 Page 3 *A program to inform neighbors of upcoming events at the house. *Submission of names and telephone numbers of responsible persons, including the alumni president and chief financial officer, to the Community Development Department and to the neighbors within two blocks of the house. Responsible persons shall be available during all events and at reasonable hours otherwise, to receive and handle complaints. Evidence of implementation of said plan shall be submitted to the director for review each year. Failure to exercise reasonable efforts to implement said plan may be grounds for revocation of this permit. 7. Events, including meetings or parties, on site, shall be limited to those listed on a meeting and activities schedule, submitted to and approved by the Community Development Director in the fall of each year. Exceptions to this schedule must be approved by the Community Development Director. If the Director determines the change is significant and may have an adverse impact on the neighborhood, then it will be referred to the Planning Commission for consideration. 8. There shall be no freestanding signs on the premises. Signs shall be limited to signs located on building faces or fences. 9. The applicant shall submit a landscaping plan to the Community Development Director for review and approval. All landscaping shall be installed per the approved plan. 10. The existing trash dumpster shall be removed from the sidewalk and relocated to the concrete pad existing in the parking lot near the driveway entry to the site. An enclosed trash and recycling area shall be created to the approval of the Community Development Director with adequate space for both the dumpster and recycling containers. 11. Use permit shall be reviewed if any reasonable written citizen or Police or Fire Department complaints are received by the city. In review of the use permit, the Planning Commission may add, delete or modify conditions of approval, or revoke the use permit. The Planning Commission may consider adding a condition requiring fraternity officers to perform a community service project in the neighborhood. 12. Failure to comply with any of the above conditions or code requirements, or the conduct of the use so as to constitute a violation of Federal, State, or local law, or so as to constitute a public nuisance or so as to cause adverse impacts on the health, safety, or welfare of persons in the vicinity of this use is prohibited and may constitute grounds for revocation of this permit. Resolution No. 5230-98 A 106-98 Page 4 The foregoing resolution was approved by the Planning Commission of the City of San Luis Obispo upon the following roll call vote: AYES: Commissioners Ready, Marx, Ewan, Jeffrey, Senn and Whittlesey NOES: None REFRAIN: None ABSENT: Commissioner Ashbaugh Arnold B. Jonas, Secretary Planning Commission MK\PC\5230-98