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HomeMy WebLinkAbout6/12/2024 Item 4a, Cross Brett Cross < To:Advisory Bodies Subject:REQUEST FOR A CONDITIONAL USE PERMIT TO ESTABLISH A FRATERNITY FOR UP TO 24 RESIDENTS, INCLUDING A REQUEST TO PROVIDE TWO (2) PARKING SPACES IN TANDEM ON AN EXISTING DRIVEWAY ALONG EAST FOOTHILL. Attachments:Use Permit 1264 Foothill PC Res 5323-01.pdf This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Dear Planning Commission members, Fraternities and Sororities can create challenges for neighbors and neighborhoods. The nature of Fraternities and Sororities combines residential with meeting uses along with other activities that can be detrimental to surrounding residences. Caution should be taken when conditioning this use to help minimize potential negative impacts. As a member of the Planning Commission from 1992-1996 I had the opportunity to review the Use Permits for Fraternity and Sorority locations and I would recommend the following additional conditions be approved as part of the Use Permit. Additional conditions should be include.  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 (condition 6)  Neighborhood relations plan (condition 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. (condition 8)  Use permit shall be reviewed if the City receives any reasonable written citizen or Police or Fire Department complaints, or if two convictions are received for violations of the City's noise or property maintenance regulations within a six-month period.  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. I've also included the Conditions of the previous approval of a portion of the current site. Sincerely, Brett Cross San Luis Obispo, CA 1 PLANNING COMMISSION RESOLUTION NO. 5323-01 A RESOLUTION OF THE SAN LUIS OBISPO PLANNING COMMISSION APPROVING A USE PERMIT TO ALLOW A FRATERNITY AT PROPERTY LOCATED ON FOOTHILL BOULEVARD BETWEEN CALIFORNIA AND CRANDALL WAY; 1264 AND 1264 % FOOTHILL (U 86-01) 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 October 10, 2001, for the purpose of considering Application U 86-01, Use Permit to allow a fraternity at 1264 and 1264 % Foothill Boulevard; 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 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 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 existing uses on the property (Class 1, Existing Facilities, Section 15301 of the CEQA Guidelines). Section 2. Action. The Planning Commission approved Use Permit, U 86-01, subject to the following conditions: , Resolution No. 5323-01 Page 2 Conditions 1. No more than five 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 six on-site parking spaces to city standards shall be provided and maintained at all times for the intended use. 3. The applicants shall improve the existing parking lot to meet the City standards for parking space and driveway dimensions, aisle widths, striping and wheel stops prior to establishing the fraternity use, to the approval of the Community Development Director. 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 for routine meetings an gatherings is 18, 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. 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. 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. 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. 8. 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. The Community Development Director must approve exceptions to this schedule. If the Director determines the change is ·, 'Resolution No. 5323-01 Page 3 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. Use permit shall be reviewed if the City receives any reasonable written citizen or Police or Fire Department complaints, or if two convictions are received for violations of the City's noise or property maintenance regulations within a six-month period. 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. 11. If California Polytechnic State University revokes the fraternity's charter, the City shall review the use permit. In review of the use permit, the Planning Commission may add, delete or modify conditions of approval, or revoke the use permit. 12. The Community Development-Building Division and Fire Department shall inspect the property and house for compliance with City Building and Safety Standards. The use permit shall not become effective until the premise has been determined to be in compliance with all applicable City standards. 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 by Commr. Cooper, seconded by Commr. Aiken, and on the following roll call vote: AYES: NOES: REFRAIN: ABSENT: Commrs. Caruso, Cooper, Aiken and Boswell Commrs. Peterson and Osborne None Commr. Loh The foregoing resolution was passed and adopted this 10th day of October, 2001. Planning Com. 1ssion Secretary