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HomeMy WebLinkAbout132 California (Alpha Gamma Rho) Use PermitSAN LUIS OBISPO PLANNING COMMISSION RESOLUTION NO.5208-97 WHEREAS, the Planning Commission of the City of San Luis Obispo did conduct a public hearing in the Council Chamber, City Hall, 990 Palm Street, San Luis Obispo, California, on December 10, 1997, pursuant to a proceeding instituted under application U 144-97, Alpha Gamma Rho Fraternity, applicant. PLANNING COMMISSION USE PERMIT REVIEWEDA, U 144-97: Use permit to allow continuation of a fraternity. DESCRIPTION: On file in the office of Community Development Department, City Hall. GENERAL LOCATION: 132 California Boulevard GENERAL PLAN LAND USE ELEMENT: High Density Residential PRESENT ZONING: 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. An exception to the parking standards to allow 88 residents and 44 parking spaces is justified because the house is immediately adjacent to the Cal Poly campus, and therefore most residents will walk or bicycle to classes, rather than drive. Resolution No. 5208-97 U 144-97 Page 2 2. 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. 3. 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. 4. 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. 5. 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. 6. The proposed use is exempt from environmental review requirements because it is a residential use in a dormitory -style housing development, and therefore not substantially different from the previous dormitory use (class 1, existing facilities, section 15301) NOW, THEREFORE, BE IT RESOLVED that Use Permit 144-97 be approved and subject to the following conditions: No more than eighty-eight (88) persons shall reside at the house at any time. Additions to structure 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. 2. A minimum of forty-four (44) on -site parking spaces to city standards shall be provided and maintained at all times for intended use. 3. Applicant shall install an enclosed trash and recycling area to the approval of the Community Development staff. 4. The property shall be maintained in a clean and orderly manner. All plant materials shall be maintained and replaced as necessary. 5. The maximum number of persons allowed on the site at any one time is 132, 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. Resolution No. 5208-97 U 144-97 Page 3 6. 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. 7. The applicant shall institute and maintain a neighborhood relations program similar to the attached Exhibit A. 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. eSubmission 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. 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. 9. There shall be no freestanding signs on the premises. Signs shall be limited to signs located on building faces or fences. 10. Smoke detectors and fire extinguishers shall be installed and maintained to the approval of the Fire department. 11. Applicant shall install and maintain two street trees at the property's Monte Vista Place frontage to the approval of the Public Works Department. 12. 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. Resolution No. 5208-97 U 144-97 Page 4 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. The foregoing resolution was approved by the Planning Commission of the.City of San Luis Obispo upon separate roll call vote: AYES: Commissioners Ashbaugh, Ewan, Jeffrey, Kourakis, Ready, Senn, ABSENT: Commissioner Whittlesey REFRAIN: None NOES: None Arnold B. Jonas, Secretary Planning Commission M K\PC\5208-97