HomeMy WebLinkAbout1292 Foothill (Lambda Chi Alpha) Use PermitRESOLUTION NO.9974 (2008 Series)
A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL
APPROVING A USE PERMIT TO ALLOW A FRATERNITY,
MITIGATED NEGATIVE DECLARATION, AND AMENDING THE
LAND USE ELEMENT MAP FROM MEDIUM -HIGH DENSITY
RESIDENTIAL (R-3) TO HIGH -DENSITY RESIDENTIAL
(114) FOR PROPERTY AT 1290, 1292 FOOTHILL BOULEVARD
AND 123,135,137,175 CRANDALL AVENUE; GP/U/ER 109-05
WHEREAS, the Planning Commission conducted a public hearing on February 13,
2008, and recommended approval of the 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 April 15,
2008, pursuant to a proceeding instituted under application GP/U/ER 109-05, Kevin Hauber,
applicant; and
WHEREAS, notices of said public hearing were made at the time and in the manner
required by law; and
WHEREAS, the City Council has considered the Mitigated Negative Declaration of
environmental impact as prepared by staff and reviewed by the Planning Commission; 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.
BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows:
SECTION 1. Environmental Determination. The City Council finds and determines that
the project's Mitigated Negative Declaration adequately addresses the potential significant
environmental impacts of the proposed project entitlements in accordance with the California
Environmental Quality Act and the City's Environmental Guidelines, and reflects the independent
judgment of the Council. The Council hereby adopts the Mitigated Negative Declaration
incorporating all of the mitigation measures listed below:
Mitigation Measures
Temporary impacts from the project, including but not limited to excavation and
construction activities and vehicle emissions from heavy duty equipment have the
potential to create dust and emissions that exceed air quality standards for temporary and
intermediate periods unless the following mitigation measures are incorporated:
IZSID
Resolution No. 9974 (2008 Series)
Page 2
a. Construction vehicle speed at the work site must be limited to fifteen (15) miles
per hour or less;
b. Prior to any ground disturbance, sufficient water must be applied to the area to be
disturbed to prevent visible emissions from crossing the property line;
c. Areas to be graded or excavated must be kept adequately wetted to prevent visible
emissions from crossing the property line;
d. Storage piles must be kept adequately wetted, treated with a chemical dust
suppressant, or covered when material is not being added to or removed from the
pile;
e. Equipment must be washed down before moving from the property onto a paved
public road; and
f. Visible track -out on the paved public road must be cleaned using wet sweeping or
a HEPA filter equipped vacuum device within twenty-four (24) hours.
➢ Monitoring Program: Construction phase air quality mitigation measures are
monitored by the Air Pollution Control District (APCD), through a complaint based
enforcement system. The requirements listed above are noted on the project plans and
the City Building Inspector and Public Works Inspector for the project are instructed to
contact APCD in the event of a probable violation. Members of the public can also
call APCD if they are concerned about dust or other emissions from a construction
site.
SECTION 2. General Plan Amendment Approval & Findings. The General Plan
Amendment included as part of City Application No. GPA 109-05, which amends the Land Use
Element Map from Medium -High Density Residential to High Density Residential for the
properties located at 1290 and 1292 Foothill Boulevard and 123, 135, and 175 Crandall Avenue as
shown on the attached Exhibit A, is hereby approved, based on the following findings:
Findings:
The proposed General Plan Amendment is consistent with General Plan Land Use and
Housing Element policies to locate student housing projects, fraternities and sororities,
and generally more affordable housing in close proximity to the campus.
The General Plan Amendment from Medium -High Density Residential (R-3) to High -
Density Residential (R-4) will allow for density required for the proposed fraternity use,
and will provide for more viable future redevelopment of other properties to be consistent
with the above General Plan Policies and Land Use Element policy stating that housing
likely to attract faculty or students should be encouraged to locate close to Cal Poly, to
reduce commute travel.
3. The proposed General Plan Amendment will not be detrimental to the health, safety and
Resolution No. 9974 (2008 Series)
Page 3
welfare of those living and working in the vicinity since it will not allow incompatible
land uses. The area of the proposed GP/R and project site is already adjacent to other
High -Density Zoned properties and is bordered by the Cal Poly campus to the north.
SECTION 3. General Plan Amendment Adoption.
1. The Land Use Element Map is hereby amended as shown in Exhibit A.
2. The Community Development Director shall cause the change to be reflected in
documents, which are on display in City Hall and are available for public viewing and
use.
SECTION 4. Use Permit Apnroval Findings and Conditions. The Use Permit
Amendment included as part of City Application No. U 109-05, which allows redevelopment of
the properties located at 1292 Foothill Boulevard and 123 Crandall Avenue, is hereby approved,
based on the following findings, and subject to the following conditions:
Findings:
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.
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 designates as potentially appropriate for High -Density (R-4) Residential
areas.
4. The proposed use meets Zoning Ordinance requirements because it is a fraternity in a
Medium -High Density Residential (R-3) zone and proposed to be rezoned to High -
Density Residential (R-4), where fraternities are allowed with approval of a Planning
Commission use permit.
Conditions
The use permit shall not be effective until after the associated site development has been
completed consistent with the related Architectural Review Commission application ARC
109-05, and given final occupancy.
Resolution No. 9974 (2008 Series)
Page 4
2. Project plans submitted for Building Division review shall reflect handicap accessibility
for the bathroom near the dining room and one of the residential bedroom units.
I No more than twenty nine (29) persons shall reside at the house at anytime. Additions to
structures or additional occupancy shall require a use. permit amendment. The applicant
shall allow the, city to verify occupancy of the house 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.
4. On site parking consistent with ARC approved plans shall be provided and maintained at
all times for the intended use.
5. The property shall be maintained in clean and orderly manner. All plant materials shall
be maintained and replaced as necessary.
6. The maximum number of persons allowed on the site for routine meetings and gatherings
is 44, 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.
7. No meetings, parties, or other types of similar activities that would violate City Noise
Ordinances or other City regulations, or that would exceed the maximum 44 persons
provisions noted in the above condition may take place between the hours of 10 p.m. and
9 a.m., except as approved by the Community Development Director.
8. The applicant shall institute and maintain a neighborhood relations program. The
neighborhood relations program shall be submitted and found complete to the satisfaction
of the Community Development Director prior to issuance of building permits. This plan'
shall include at least the following elements:
*Annual training of all members in community relations.
•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.
Resolution No. 9974 (2008 Series)
Page 5
9. 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.
10. 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.
11. Only signs permitted by the City and consistent with Sign Regulations may be displayed
on the premises unless approved by the Community Development Director for temporary
events.
12. The 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.
13. 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.
On motion of Council Member Settle, seconded by Council Member Mulholland, and on
the following roll call vote:
AYES: Council Member Carter, Mulholland, and Settle, Vice Mayor Brown and
Mayor Romero
NOES: None
ABSENT: None
Resolution No. 9974 (2008 Series)
Page 6
The foregoing resolution was passed and adopted this 15a' day of April 2008.
Mayor David F. Romero
ATTEST:
City Clerk
Audrey Hooper
APPROVED AS TO FORM:
ity A rney
onathan Lowell
RESOLUTION NO.8778 (1998 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
UPHOLDING AN APPEAL OF THE PLANNING COMMISSION'S
ACTION, THEREBY APPROVING THE. USE PERMIT
TO ESTABLISH A FRATERNITY, AND TO -ALLOW A REDUCED
STREET YARD SETBACK FROM 15' TO 10' TO ACCOMMODATE
ON -SITE PARKING, FOR PROPERTY
LOCATED AT 1292 FOOTHILL BLVD. (U 174-97)
WHEREAS, the Planning Commission conducted a public hearing on February 11,
1998, and denied the request to establish a fraternity, and allow a reduced street yard setback
from 15 feet to 10 feet to accommodate on -site parking, for property located at 1292 Foothill
Boulevard; and
WHEREAS, the applicant filed an appeal of the Planning Commission's action on
February 12, 1998; and
WHEREAS, the City Council conducted a public hearing on March 17, 1998, and has
considered testimony of the applicant/appellant, interested parties, the records of the Planning
Commission hearings and action, and the evaluation and recommendation of staff; and
WHEREAS, the City Council has determined that the project is categorically exempt under
Section 15301, Class 1 of the California Environmental Quality Act, because it is the use of an
existing facility with no significant expansion of that use.
BE IT RESOLVED, by the Council of the City of San Luis Obispo as follows:
SECTION 1. Findings. That this Council, after consideration of the proposed project
(U 174-97), the appellant's statement, staff recommendations and reports thereof, makes the
following findings:
R8778
Resolution No. 8778 (1998 Series)
Page 2
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.
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 Medium -High Density Residential areas.
4. The proposed use meets zoning ordinance requirements because it is a fraternity in a
Medium -High Density Residential (R-3) zone, where fraternities are allowed with approval
of a Planning Commission use permit.
5. The requested street yard exception will not adversely impact the streetscape appearance of
the site or the prevalent pattern of yards in the neighborhood with appropriate screening of
the parking space.
6. The proposed use is exempt from environmental review requirements because it is a
residential use similar to the previous hostel use (Class 1, Existing Facilities, Section 15301
of the CEQA Guidelines).
SECTION 2. Appeal approval. The appeal of the Planning Commission's action is
upheld, and therefore the use permit is approved, subject to the following conditions and code
requirements:
Conditions
1�
1. No more than thirteen X persons shall reside at the house at any time. Additions to
structures or additional occupancy shall require a use permit amendment. The applicant shall
allow the city to verify occupancy of the house 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.
4A
2. A minimum of twelve (M on -site parking spaces to city standards shall be provided and
maintained at all times for the intended use.
09 The request for a street yard setback exception from 15 feet to 10 feet is hereby approved,
based on the finding cited above and subject to the architectural review requirements for
screening included in Condition No. 10.
Resolution No. 8778 (1998 Series)
Page 3
4. Applicant shall install an enclosed trash and recycling area to the approval of the Community.
Development Director.
5. The property shall be maintained in a clean and orderly. manner. All plant materials shall be
maintained and replaced as necessary.
6. The maximum number of persons allowed on the site for routine meetings an gatherings is
20, 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.
7. 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.
8. 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.
•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 Director 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.
9. 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.
10. There shall be no freestanding signs on the premises. Signs shall be limited to signs located
on building faces or fences. .
11. The applicant shall submit an application for architectural review of site changes including a
landscaping plan showing planting in the street yard area, as well as other areas of the site.
Resolution No. 8778 (1998 Series)
Page 4
The landscaping plan shall specifically address the need to adequately screen proposed
parking spaces visible from the street. Plans, prepared to a standard architect's or engineer's
scale, and with accurate dimensions for parking spaces and driveway widths, shall be
submitted to confirm full compliance with City standards, including the need for a
turnaround area.
12. Use permit shall be reviewed if any reasonable written citizen, or Police or Fire Department,
complaints are received by the Community Development Department. In review of the use
permit, the Planning Conu-nission 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.
13. Failure to comply with any of the above conditions or the following 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.
Code Requirements
1. An approved fire sprinkler system, smoke detectors and fire extinguishers shall be installed
and maintained to the approval of the Fire Department.
2. The two parking spaces shown as garage spaces shall be available at all times for parking.
Any physical obstructions existing in the space shall be corrected to allow for their continued
use as complying parking spaces.
On motion of Vice Mayor Smith , seconded by Council Member Romero
and on the following roll call vote:
AYES: Council Members Smith, Roalman, Romero, Williams, Mayor Settle
NOES: None
ABSENT: None
The foregoing resolution was passed and adopted this 17day of March , 1998.
Resolution No. 8778 (1998 Series)
Page 5
ATTEST:
Mayor Allen Settle
APPROVED AS TO •'
/•
Phi — Sigma Zeta House Corporation
of Lambda Chi Alpha Fraternity, Inc.
P. O. Box 5141, San Luis Obispo, CA 93403
October 29, 2002 u I -7,4 - 7 7
Don Wright 2 9
Building Department
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
Dear Don,
This letter will confirm several of the items we discussed in our meeting with you yesterday at your office. The
meeting was attended by you, Scott Jones (a member of the undergraduate chapter of the fraternity), and myself as a
representative of the property owner.
First, as of June 15, 2002, we have reduced the occupancy to ten persons at 1292 Foothill Blvd, San Luis Obispo.
Our understanding thus far based on discussions with you, Pam Ricci, and Tom Bosch has been that this change in
occupancy load avoids a change in "occupancy classification" which would have otherwise required that we install
fire sprinklers in our building.
As you may recall, our intention is to tear down the current structures on the property and rebuild a more modern
facility better suited to our needs and uses within the next few years. We have retained the services of an architect
in this process and anticipate initial concept submissions in the near future. Any new structure would be designed to
meet all current safety standards, including fire sprinklers.
We have retained the services of Casey Property Management, 515 N. Broad St., SLO, 93405 as regular property
manager for the property. All correspondence regarding actions of the tenants should be copied to the property
manager in addition to any originals you might send to our address.
We currently have on -site parking for nine cars. It is our assumption that these nine spaces create an adequate ratio
for the ten tenants. The original parking plan called for the addition of two spaces in the front yard, which would
prove to be both unsightly and beyond what is needed given the current tenancy. You will discuss this issue with
Pam Ricci to determine if this change in the Use Permit requirements can be made at the staff level, or if, in fact, it
needs to be referred to the Planning Commission.
We have numerous improvements we are planning at this point in regards to block fences and landscaping. Any of
these improvements that require a building permit will be submitted to the Building Department for normal review.
I appreciate you taking the time to meet with Scott and myself. Working with undergraduate college students is an
on -going education process. It is my hope to have them benefit from the experience of learning to work with City
officials such as you.
pest reggds,
r
Kevin Hauber
cc. Pam Ricci, Planning Dept.
Darren Drake, Fire Dept.
CITY OF SAN LUIS tfd(SPO
OCT 3 0 20G2,
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January 24, 2003
Kevin Hauber
Lambda Chi Alpha Fraternity
P.O. Box 5141
San Luis Obispo, CA 93403
SUBJECT: Lambda Chi Alpha Fraternity; 1292 Foothill Blvd.
(City Application Nos. U 174-97; ARC MI 124-99)
Dear Mr. Hauber:
This letter is being prepared in response to your letter of October 29, 2002 (attached). In that
letter you indicate that the fraternity's occupancy has been reduced from the maximum of 13,
which was allowed by Use Permit U 174-97 adopted through City Council Resolution No. 8778
(1998 Series), to 10. You have further included a revised floor plan that shows that there will be
a maximum of six bedrooms. With the revised occupancy and number of bedrooms, the
fraternity's parking requirement would be reduced from 12 to 9 spaces.
With the reduced occupancy and number of bedrooms, your required parking could be met with the
existing on -site parking and you would not need to install two additional parking spaces in the street
yard as shown on plans for ARC MI 124-99. The City's zoning regulations indicate that
modifications to a project authorized through an original use permit approval is itself subject to use
permit review. However, Section 17.58.070 B. of the zoning regulations allows the Director to
approve minor amendments where the "intent of these regulations can be met without further use
permit control".
Therefore, I am approving your request to reduce the allowed occupancy from 13 to 10 and to
reduce the number of bedrooms from 8 to 6 because the amendments are minor in nature and are
not contrary to the intent of the original use permit approval. You must maintain a minimum of 9
on -site parking spaces to meet your amended parking requirement. In addition, any future request
to increase occupancy above 10 persons will require the processing of a new use permit.
Please call Pam Ricci of my staff at 781-7168 if you have any questions regarding particular
items in this letter.
Sincerely,
Ronald Whisenan ,
Deputy Director of Community Development
NThe City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities.
Telecommunications Device for the Deaf (805) 781-7410.
Hauber Letter
Lambda Chi Alpha Fraternity
Page 2
Attachments: Letter from Kevin Hauber dated 10-29-02
cc: Tom Baasch, Chief Building Official
Don Wright, Code Enforcement Coordinator
Rob Bryn, Neighborhood Services Manager
Pam Ricci, Associate Planner
L:\Ltr\Hauber Revision (Lambda Chi Alpha).doc