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HomeMy WebLinkAbout6/12/2024 Item 4a, Cooper Allan Cooper < To:CityClerk; Advisory Bodies; kathiewalkerSLO@gmail.com; Hanh, Hannah Subject:Letter to the SLO Planning Commissio Attachments:106_11_24...newfratconditions.pdf This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Dear City Clerk - Would you kindly forward the letter attached below to the Planning Commission? This letter pertains to the Planning Commission's June 12, 2024 review of Public Hearing Item 4.a "REVIEW CONDITIONAL USE PERMIT TO ESTABLISH A FRATERNITY FOR UP TO 24 RESIDENTS @ 1264 & 1264 1/2 EAST FOOTHILL BLVD". I would also like this letter to be placed in the City's Correspondence File. Thank you! - Allan Cooper 1 To: San Luis Obispo Planning Commission & Associate Planner Hannah Hanh Re: Public Hearing Item 4A: Review Conditional Use Permit To Establish A Fraternity For Up To 24 Residents @ 1264 & 1264 1/2 East Foothill Blvd. From: Allan Cooper Date: June 11, 2024 Honorable Chair Justin Cooley and Commissioners On June 12, 2024 you will be reviewing staff’s draft Conditional Use Permit for a fraternity proposed to be located at 1264 Foothill and 1264 1/2 Foothill. I was on the Planning Commission when on October 10, 2001, the Planning Commission reviewed and approved a Use Permit (U 86-01) to establish a different fraternity (Phi Delta Theta) at 1264 and 1264 1⁄2 East Foothill Boulevard. At the time we incorporated stricter conditions into the CUP than staff is currently proposing. In order to bring these two CUP’s into alignment I am including additional conditions (see those passages in bold type below). Residents residing in the Fredericks/Foothill neighborhood continue to be negatively impacted by fraternity parties so it is puzzling to many of us why staff would leave out mitigation measures for noise impacts and hours of operation. Thank you for your consideration. Planning Division – Community Development Department 1. Plans submitted for the building and/or site improvements permit(s) (i.e., parking lot improvements) shall be in substantial conformance with the project description and plans represented in the Staff Report dated June 12, 2024. 2. The Conditional Use Permit shall be reviewed by the Community Development Director for compliance with the conditions of approval, or to determine whether a modification of the Conditional Use Permit is necessary upon significant change to the project as represented in the Staff Report dated June 12, 2024, or in the event of a change in ownership which may result in deviation from the project description or pproved plans. 3. The Conditional Use Permit shall be reviewed by the Planning Commission if the City receives substantiated written complaints from any citizen, Code Enforcement Officer, Fire Department or Police Department employee, which contains information and/or evidence supporting a conclusion that a violation of this Conditional Use Permit, or of City Ordinances, regulations, or Police Department resources (e.g., calls for service) applicable to the fraternity use has occurred 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 or the Planning Commission may consider adding a condition requiring fraternity officers to perform a community service project in the neighborhood. 4. The fraternity shall be limited to a maximum of 24 residents for the property. The property owner shall allow the City to verify the maximum occupancy by allowing an inspection of records or visual inspection of the premises. Any inspection shall be scheduled at a reasonable time with at least 24-hour notice to the residents. 5. Routine meetings and gatherings for the fraternity shall be limited to a maximum of 48 people (32 people x 1.5), except as otherwise approved by the Community Development Director for special events. If the fraternity hosts special events involving more than 48 people, a transportation management plan to reduce impacts to the surrounding neighborhood shall be submitted to the Community Development Department, at least 30 days prior to the event taking place, for review and approval. 6. For the life of the organization, 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. If the fraternity becomes unaffiliated or is no longer in good standing, the Conditional Use Permit shall be revoked. 7. For the life of the organization, the fraternity shall provide on an annual basis the name and contact information (i.e., phone number and email address) of all responsible parties to the Community Development Department and Neighborhood Services Manager of the Police 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. If there is a change to the name and/or contact information of any responsible parties, the Community Development Department and Neighborhood Services Manager shall be notified immediately. 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. 8. For the life of the organization, the property shall be maintained in a clean and orderly manner. All landscaping shall be maintained (e.g., trimmed, pruned, replaced as needed, etc.) to the satisfaction of the Community Development Director. 9. A site improvement permit is required for parking area improvements to create a minimum of 18 parking spaces that comply with the City’s Parking and Driveway Standards (i.e., parking space and driveway dimensions, aisle widths, striping, wheel stops, etc.). These parking spaces shall be inspected to verify compliance with City standards prior to establishing the fraternity. 10.Bicycle parking spaces shall be provided as required per Table 3-6 (Required Bicycle Parking) of the Zoning Regulations. For a total of 24 beds for the fraternity, the property owner and residents shall maintain a minimum of 18 long-term bicycle spaces and a minimum of six (6) short-term bicycle spaces. All required long-term bicycle parking shall be provided in an interior space, and required short-term bicycle spaces shall be consistent with the City Active Transportation Plan Design Guidelines and feature “hi-low style” campus racks (such as “Peak Racks”). These bicycle spaces shall be inspected to verify compliance with City standards prior to establishing the fraternity, to the satisfaction of the Public Works and Community Development Directors. 11.A minimum of 18 parking spaces shall be provided and maintained at all times. These spaces shall remain available to residents of the fraternity and not designated for any individuals not residing on the property. 12.A building permit is required for proposed signage identifying the fraternity house. Any signage must be consistent with Chapter 15.40 (Sign Regulations) of the Municipal Code and compatible with the existing neighborhood to the satisfaction of the Community Development Director. 13.As part of the parking area improvements, the existing two-car garage for 1264 ½ East Foothill (labeled as Building B on the project plans) shall be a one-car garage in order to accommodate the revised surface parking layout. The area adjacent to the parking space within the proposed one-car garage is permitted as storage. Further review shall be required if any improvements (e.g., change in use and/or new construction) are proposed for this area. 14. 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. 15. 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. 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. The Community Development Director must approve exceptions to this schedule. 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. Engineering Division – Community Development / Public Works Departments 14.A building permit and/or site improvements permit is required for the proposed changes to establish the required parking spaces. Plans submitted for review shall show and note compliance with the City’s Parking and Driveway Standards. The plans shall show required dimensions and information for parking space, bay, aisle widths, striping, parallel space markings (i.e., T’s and L’s), and any existing or proposed wheel stops. 15.Plans submitted for review shall show and reference the floor plans for the existing garages to remain. The existing two-car garage proposed to accommodate only one car shall be included and noted on the plans. The plans shall clarify that garage door operation will not be affected by the proposed adjacent surface parking space. The plans shall clarify that the remaining garage space is to remain as garage storage/shop. Indemnification 16.The applicant shall defend, indemnify, and hold harmless the City and/or its agents, officers and employees from any claim, action or proceeding against the City and/or its agents, officers, or employees to attack, set aside, void or annul, the approval by the City of this project, and all actions relating thereto, including but not limited to environmental review (“Indemnified Claims”). The City shall promptly notify the applicant of any Indemnified Claim upon being presented with the Indemnified Claim and the City shall fully cooperate in the defense against an Indemnified Claim.