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HomeMy WebLinkAbout1335 Foothill (Phi Kappa Psi) Use PermitRESOLUTION NO. PC-5582-13 A RESOLUTION OF THE SAN LUIS OBISPO PLANNING COMMISSION APPROVING A USE PERMIT TO ALLOW A FRATERNITY AT 1335 FOOTHILL BOULEVARD (1335 FOOTHILL BOULEVARD, U 47-10) WHEREAS, the Planning Commission 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 June 13, 2013, for the purpose of considering application # U 47-10; and WHEREAS, notices of said public hearing were made at the time and in the manner required by law; and WHEREAS, the Planning Commission has duly considered all evidence, including the testimony of the applicant, interested parties, and the evaluation and recommendations by staff, presented at said hearing. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of San Luis Obispo as follows: Section 1. Findings. Based upon all the evidence, the Commission makes the following findings: 1. The proposed project is consistent with General Plan Land Use policies 2.7.4 and 2.7.5 and Housing Element policy 8.6 to locate student housing projects, fraternities and sororities, and generally more affordable housing in close proximity to the campus. 2. As conditioned, the proposed use is consistent with the Zoning Regulations because the number of residents is consistent with group housing maximum occupancy limits, the tandem parking configurations are consistent with neighboring properties, a zero street yard setback will allow for needed flexibility without creating an unsafe condition, compact spaces will minimize impacts to a native tree, and reduction of required on -site spaces through approval of an automobile trip reduction plan results in a reasonable number of spaces for residents. 3. As conditioned, the use will not harm the general health, safety, and welfare of people living or working in the vicinity because conditions on the Use Permit approval place limits on the numbers of persons allowed on site, restrict activities, and limit potential disturbances to neighbors. 4. As conditioned, the proposed use is appropriate at the subject location because it is located in close proximity to Cal Poly and other student -oriented uses and housing. 5. As conditioned, the proposed exceptions to the parking and driveway standards allow for needed flexibility due to site constraints and are consistent with the existing neighborhood pattern and supported by the proximity of the use to campus which would help alleviate the need for on -site parking: Planning Commission Resolution No. PC-5582-13 U 47-10 (1335 Foothill Blvd.) Page 2 Section 2. Environmental Review. Categorically exempt under Class 1, Existing Facilities, Section 15301 of the CEQA Guidelines because the proposed use will occupy an existing residence and will not result in an expansion of the use. Section 3. Action. The Planning Commission does hereby approve use permit # U 47-10 subject to the following conditions: 1. No more than eight (8) 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. The property will be subject to the City's Multi -Dwelling Residential Inspection Program and annual fee assessment. 2. 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. 3. A separate building permit will be required for the installation or alteration of private improvements including, but not limited to: fire sprinklers, driveway improvements, walls, and building improvements. 4. Plans submitted for a building permit shall include details of required bicycle parking to ensure proper clearances and access. 5. A building permit is required for any proposed signage identifying the fraternity house. The signage shall be reviewed and approved by the Community Development Director subject to compatibility findings with the surrounding neighborhood based on size, location, style, etc. The size, location, and duration of signs proposed for temporary events are also subject to review and approval of the Community Development Director. 6. Plans submitted for building permit shall include notation for the removal of the existing fraternity flag signage painted above the garage on the Foothill Boulevard elevation. 7. Except as specifically approved by the Community Development Director for special events, the maximum number of persons allowed on -site for routine meetings and gatherings shall not exceed seventeen (17) from 7 a.m. to 10 p.m. For proposed special events, the applicant shall also submit a parking and transportation plan. 8. No meetings, parties, or other types of fraternal activities that would exceed the residential maximum occupancy of persons (11) may take place between the hours of 10 p.m. and 7 a.m., unless otherwise approved by the Community Development Director through a special event per Condition #7. 9. The fraternity shall remain affiliated and in good standing with the Interfraternity Council of Student Life and Leadership at California Polytechnic University, San Luis Obispo. Planning Commission Resolution No. PC-5582-13 U 47-10 (1335 Foothill Blvd.) Page 3 10. The applicant shall provide names and telephone numbers of responsible persons to the Community Development Department and SLOPD Neighborhood Services Manager on a yearly basis. Responsible persons shall be available during all events and at reasonable hours to receive and handle complaints. 11. The Use Permit shall be reviewed by the Community Development Director for compliance with conditions of approval, or to determine whether a modification of the Use Permit is necessary upon significant change to the fraternity as represented in the Staff Report dated June 13, 2013, or in the event of a change in ownership which may result in deviation from the project description or approved plans. 12. This Use Permit can be referred to the Planning Commission for review if determined by the Community Development Director upon receipt of substantiated written complaints from any citizen, Code Enforcement Officer, Police Department employee, or Cal Poly employee, which includes information and/or evidence supporting a conclusion that a violation of this Use Permit, or of City ordinances or regulations 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 permit may be revoked. 13. The Fraternity Use Permit shall automatically be reviewed by the Planning Commission in one year from date of approval, to ensure compliance with conditions. At the review hearing, the Planning Commission may add, delete, or modify conditions of approval. Code Requirements The following code requirements are included for informational purposes only. They serve to give the applicant a general idea of other City requirements that will apply to the project. This is not intended to be an exhaustive list as other requirements may be identified during the plan check process. Building Department 1. Plans submitted for a building permit shall include the location of a screened trash enclosure. 2. Plans submitted for a building permit shall include verification of address use for 1339 Foothill. 3. Plans submitted for a building permit shall include verification of use of space labeled as Storage Room. Planning Commission Resolution No. PC-5582-13 U 47-10 (1335 Foothill Blvd.) Page 4 Fire Department 4. Plans submitted for a building permit shall include shop drawings and specifications of an approved NFPA 13D fire sprinkler system. Public Works Department 5. The dead wood on the existing Oak trees shall be safely pruned to the satisfaction of the City Arborist as a condition of the building permit. The building permit plans shall show and note the scope of proposed pruning and shall include a pre -construction meeting between the City Arborist and private certified arborist contracted to complete said pruning. This work could be coordinated and completed through the City Arborist prior to building permit application and/or permit. 6. The final details of the porous paving adjacent to Parking Space #4 shall honor the existing 36" Oak tree and root zone. The clearance from Space #2 to the edge of pavement may be reduced to 8' to provide additional clearance around the tree. An alternate material such as base may be used through this transition area. The building permit plan submittal shall include all final details for the porous paver section and transition around the tree. 7. The site plan should clearly show and note the location of the underground utilities, gas meter, electrical service, and any other above or below grade improvements that could be affected by the proposed construction or required parking clearances. An anchored wheel stop or concrete curb shall be provided at the existing concrete pad for Space #5. The proposed driveway extension is not required and should be eliminated to honor and preserve the existing 18" Oak tree located at the head of the space. The wheel stop or curb should be set back 36" from the existing tree. On motion by Commissioner Multari, seconded by Commissioner Fowler, and on the following roll call vote: AYES: Commrs. Multari, Fowler, Singewald, Meyer, Draze, Stevenson, and Larson NOES: None REFRAIN: None ABSENT: None The foregoing resolution was passed and adopted this 13th day of June, 2013. Doug Davidson, Secretary Planning Commission by: