HomeMy WebLinkAboutPC-1085-2024 (USE-0331-2023 -- 1264 and 1264 ½ E. Foothill and 1241, 1243, 1249 and 1251 Monte Vista) )RESOLUTION NO. PC-1085-24
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO PLANNING
COMMISSION APPROVING A CONDITIONAL USE PERMIT TO
ESTABLISH A FRATERNITY AT 1264 AND 1264 ½ EAST FOOTHILL
BOULEVARD AND 1241, 1243, 1249, AND 1251 MONTE VISTA PLACE.
THE PROJECT INCLUDES A REQUEST TO PROVIDE TWO (2)
PARKING SPACES IN TANDEM ON AN EXISTING DRIVEWAY ALONG
EAST FOOTHILL BOULEVARD. THE PROJECT IS EXEMPT FROM
ENVIRONMENTAL REVIEW UNDER SECTION 15301 (EXISTING
FACILITIES) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) GUIDELINES AS REPRESENTED IN THE STAFF REPORT AND
ATTACHMENTS DATED JUNE 12, 2024 (USE-0331-2023)
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, on June 12, 2024,
for the review of a Conditional Use Permit to establish a fraternity at 1264 and 1264 ½
East Foothill Boulevard and 1241, 1243, 1249, and 1251 Monte Vista Place, pursuant to
a proceeding instituted under USE-0331-2023; Lambda Chi Alpha, applicant; and
WHEREAS, the Planning Commission of the City of San Luis Obispo has duly
considered all evidence, including recommendations by staff, presented at said hearing;
and
WHEREAS, notices of said public hearings were made at the time and in the
manner required by law; and
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City
of San Luis Obispo as follows:
SECTION 1. Findings. The Planning Commission hereby grants final approval for
the project (USE-0331-2023), based on the following findings:
Conditional Use Permit / Fraternity Use
1. The project is consistent with the General Plan because the proposed fraternity is
an allowable use as dense group housing in the High Density Residential (HDR)
land use designation. In addition, the project would facilitate Land Use Element
Policy 2.6.5 and Housing Element Policy 8.6 by locating a fraternity in proximity to
the Cal Poly SLO campus and other student-oriented uses and housing.
2. The proposed fraternity is conditionally allowed within the High-Density Residential
(R-4) zone. As conditioned, the project complies with applicable provisions of the
Zoning Regulations because (a) the maximum number of 24 residents complies
with the group housing maximum occupancy limits and (b) the revised parking
configuration would provide 18 required spaces for 24 residents and comply with
the City’s Parking and Driveway Standards to improve the property.
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1264 and 1264 ½ East Foothill; 1241, 1243, 1249, and 1251 Monte Vista Page 2
3. The design, location, size, and operating characteristics of the project will be
compatible with the existing and future land uses in the vicinity because the
proposed fraternity would (a) be established in proximity to other dense group
housing (i.e., other fraternities, sororities, multi-family, etc.), (b) located within
walking distance (i.e., less than 0.25-mile) of the Cal Poly campus, and (c) utilize
an existing developed property with minor site improvements (i.e., parking and
landscaping improvements).
4. The site is physically suitable in terms of (a) its design, location, shape, size, and
operating characteristics of the project; (b) traffic generation and the provision of
public and emergency vehicle (e.g., fire and medical) access; (c) Public protection
services (e.g., fire protection, police protection, etc.); and (d) the provision of
utilities (e.g., potable water, schools, solid waste collection and disposal, storm
drainage, wastewater collection, treatment, and disposal, etc.). The project is
surrounded by other developed properties with compatible dense housing uses,
has access to the City’s circulation system, and would be served by City utilities.
The project utilizes an existing developed property and does not include activities
that would generate service or utility demands beyond those anticipated with uses
permitted in the vicinity.
5. As conditioned, the project will not be detrimental to the health, safety, and welfare
of persons living or working at the site or in the vicinity because conditions have
been included that place limits on the number of persons allowed on site, restrict
activities, provide adequate parking, and limit potential disturbances to neighboring
properties. The project will be compatible with the existing site constraints and the
character of the neighborhood.
6. As conditioned, the establishment and subsequent operation or conduct of the
project will not, because of the circumstances and conditions applied in the
particular case, be detrimental to the health, safety or welfare of the general public
or persons residing or working in the neighborhood of the use, or be detrimental
or injurious to property or improvements in the vicinity of the use because the
project includes conditions that (a) place limits on the number of persons allowed
on site, (b) restrict activities, (c) provide adequate parking, and (d) limit potential
disturbances to neighboring properties. The project would be compatible with the
existing site constraints and the character of the neighborhood.
SECTION 2. Environmental Review. The project is exempt from environmental
review under Section 15301 (Existing Facilities) of the CEQA Guidelines because it
includes the operation, maintenance, permitting, licensing, and minor alteration of an
existing residential development. The fraternity would continue the residential use with
minor site improvements related to parking (e.g., parking space restriping, installation of
wheel stops, etc.) and landscaping (e.g., pruning, maintenance, etc.). The project does
not include construction of a new building or additional building square footage.
Therefore, the project involves no expansion of the former residential use.
Resolution No. PC-1085-24
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1264 and 1264 ½ East Foothill; 1241, 1243, 1249, and 1251 Monte Vista Page 3
SECTION 3. Action. The Planning Commission hereby grants final approval to the
project with incorporation of the following conditions:
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 approved 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. At the time of the Conditional Use Permit review, to ensure ongoing
compatibility with nearby uses, the conditions of approval may be added, modified,
and/or removed, or the Conditional Use Permit may be revoked.
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.
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7. For the life of the organization, the fraternity shall provide 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 on an annual basis. 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.
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.
Resolution No. PC-1085-24
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14. The fraternity use shall comply with Table 1 (Exterior Noise Limits) of Section
9.12.060 (Exterior Noise Limits) between the extended hours of 10:00 pm and
9:00 am, except as approved in writing as a special event by the Community
Development Director.
15. Prior to a special event approved by the Community Development Director
pursuant to Condition No. 5, the fraternity shall provide written notification of the
event to occupants within 300 feet of the site. The written notification shall include
the date, hours, and contact information for the responsible party for the special
event.
16. Live entertainment, bands, and/or amplified sounds are prohibited, unless
otherwise approved through a special event by the Community Development
Department.
Engineering Division – Community Development / Public Works Departments
17. 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.
18. 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
19. 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.
On motion by Commissioner Steve Kahn, seconded by Commissioner Bob
Jorgensen, and on the following roll call vote:
Resolution No. PC-1085-24
USE-0331-2023
1264 and 1264 ½ East Foothill; 1241, 1243, 1249, and 1251 Monte Vista Page 6
AYES: Commissioner Sheryl Flores, Commissioner Bob Jorgensen,
Commissioner Steve Kahn, Commissioner Eric Tolle, and Vice Chair
Dave Houghton
NOES: None
ABSENT: Commissioner Juan Munoz-Morris and Chair Justin Cooley
RECUSED: None
The foregoing resolution was passed and adopted this 12th day of June 2024.
___________________
Tyler Corey, Secretary
Planning Commission