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HomeMy WebLinkAbout1264 E. Foothill CUP*x* REPRINT *** City of San Luis Obispo Finance 990 Paln $treet San Luis 0bispo, CA 93401 (805) 781 -7'l24 t{ww,slocity.org Thank you for your payment, Have a njce day! t'londay Jun 24 2g?4 1]:02:02 AM CDD - Community Development - lilisc Revenue (CDREV} APPEAL T0 CITY COUNCIL: RE$IDEI'|TS 745.35 Total 745.35 745.35Check 2828 Received From: Rece'ipt # : f i nance-06242024-12 Cashier: Patrick Koski HECEIVED JUN 2 470?4 SLO CIW CLERK Filing Fee fl npplicant: $ 1,862.77 Non-applicant $ 745.35 For Office Use Received by:_ APPEAL TO THE CITY COUNCIL SECT'OA/ 1. APPELLANT INFORMATION 3otu sta q Name Nla Mailing ress and Zip Code Yqtt. bocrrcl @, aJ/@ " catrL €mail ) Phone Representative's Ndrhe Mailing Address and Zip Code Title Phone Email SECT'O'V 2. SUBJECT OF APPEAL 1 ln accordance with the procedures set forth in Title 1 , Chapter 1.20 of the San Luis Obispo Municipal Code or Title 17, Chapter 17J26 of the San Luis Obispo Municipal Code, I hereby appeal the decision of the: Plan",in A [-oyru'.u tEton (Name , Committee or Commission decision being qRRealed) 2. The date the decision being appealed was rendered J t2 2oz-4 3. The apptication or project was entitled , R.ure* Ca,ndl+r;.ol ils.?e;-t*t, flse-azet-uzS) to LsI tr"tet {-c 4. I discussed the matter with the following City staff member: F[*tr..oh F{o-"rh C.,.^. nr,,^nt* l}-,.rel.'o* ., #on ?3 lStaff nrtemnert t,ta''ry'e anO' Od-plriminS (Date) 5. Has this matter been the subject of a previous appeal? lf so, when was it heard and by whom }J,t SECTION 3. REASON FOR APPEAL Explain specifically what action/s you are appealing and whv you believe the Council should consider your appeal. lnclude what evidence you have that supports your appeal. You may attach additional pages, if necessary. This form continues on the other side. 08/22 update Page I of 2 r"\e- c.ls. Reason for Appeal continued t +-l u +i" OJ+ a\{ +. Fo e-ttten( eonrd,4,'.*u ar* strKicie 'nl {o ,rl, thrl +vrzlruat"se de dr nol- r-,>g-ur il;{h F,;4,;qf5, /)D f.J..re Lu( SECT'ON 4. APPELTATVT'S RESPONS IBI LITY The San Luis Obispo City Council values public participation in local government and encourages all forms of citizen involvement. However, due to real costs associated with City Council consideration of an appeal, including public notification, all appeals pertaining to a planning application or project are subject to the following lili!g@, which must accompany the appeal form: Applicant = $ 1,862.77, Non-applicant = $ 745.35. Your right to exercise an appeal comes with certain responsibilities. lf you file an appeal, please understand that it must be heard within 45 days from filing this form, except for matters arising under Title 17 (Zoning Regulations) of the San Luis Obispo Municipal Code shall be governed by those Chapters. You will be notified in writing of the exact date your appeal will be heard before the Council. You or your representative will be expected to attend the public hearing, and to be prepared to make your case. Your testimony is limited to 10 minutes. A continuance may be granted under certain and unusual circumstances. lf you feel you need to request a continuance, you must submit your request in writing to the City Clerk. Please be advised that if your request for continuance is received after the appeal is noticed to the public, the Council may not be able to grant the request for continuance. Submitting a request for continuance does not guarantee that it will be granted; that action is at the discretion of the City Council. I hereby agree to appear andlor send a representative to appear on my behalf when said appeal is scheduled for a public hearing before the City Council. -L4-2 (Signature of nQ (Date) Deliver to: City Glerk's Office 990 Palm Street San Luis Obispo, CA 93401 08122 updale Page 2 ol 2 We support the conditional use permit (CUP), but we recognize the importance of the language of the conditions used to mitigate adverse impacts Lamda Ghi Alpha may have on neighbors in the vicinity - and we want to get it right. Since the CUP goes with the land we have to look to the future as well as the present plus it may be used as a template for future fraternity CUP's. The approved conditions do not support all of the Findings because they do not adequately address the impacts of gatherings, especially noise, that the fraternity house would likely have on those living nearby including on the lowdensity residential neighborhood which is in very close proximity to the fraternity house(s). We, and others who provided wriften and/or oral comments, proposed conditions to mitigate those impacts. We also believe that inaccurate information was given to the Planning Gommission by the Gity Staff, including the implication that the fraternity could have large gatherings on the property, and violate the noise ordinance after 10 pm, if they got a special use petmit. I. BACKGROUND There are 18 fraternities at Gal Poly, but only eight (8) CUPs for fraternities exist, including the fraternity subiect to this appeal. Many have houses in multiple locations. One fraternity has two CUPs so there are still 11 fraternities without GUPs even though each of the fraternities has at least one fraternity house. The seven previous GUPs for fraternities issued by the Planning Commission have more restrictive conditions to mitigate the impacts of the fraternity houses on those living in the vicinity, including those living in low-density residential neighborhoods nearby. There was an existing GUP for 1264E. Foothillwith more restrictive conditions (See attached: Original CUP 1264 E. Foothill ,2001-2021). We believe it is important for there to be consistency among the fraternity CUP's. The present CUP tor 1264 E. Foothillwas prepared by City Staff based on the most recent GUPs for sororities in 2016 and 2O21. There is a big difference between sororities and fraternities. Sororities are governed by the National Panhellenic Gonference (NPC) which prohibits alcohol in sorority houses and the use of Panhellenic funds for alcohol; this means that sororities cannot host parties with alcohol in their houses. They can host social events at third-pafi venues, but mostly the sororities at Gal Poly atrend fraternity parties at fraternity houses in San Luis Obispo neighborhoods. Gal Poly posted a report online, mandated byAssembly Bill 524 (The Campus Recognized Sorority and Fraternity Transparency Act) that lists the "sanctioned events" of every fraternity and sorority at Gal Poly during the academic year 2022-2023, including the location of each party/event held. The sorority parties and events listed in the report are at fraternity house addresses or at a third-party venue. Since sorority houses do not host large parties where alcohol is served, they do not have the same impact on neighborhoods as do fraternity houses. SLOPD records prove this because noise complaints are somewhat common for fraternity houses but not for sorority houses. il. MITIGATING IMPACT OF CAL POLY'S FRATERNITY HOUSES ON THE NEARBY NEIGHBORHOODS The Planning Commission pointed out that fraternities should be located on Gal Poly's campus. We agree. ln fact, this is addressed in the Gity's General Plan: Land Use Element: Poticy 2.6.5: Student and Campus Housing, Fraternities & Sororities: The Gity shall work with Cal Poly to develop a proposal to locate fraternities and sororities on_campus for consideration by the GSU Board. lf locations on campus 1 cannot be provided, fraternities and sororities should be limited to medium-high and highdensity residential areas near campus. (Adopted 20141 Housing Element: Program 8.15: Fraternities and Sororities: Work with Cal Poly University Administration to secure designation of on-campus fraternity/sorority living groups. Housing Element: Policy 8.5: Fraternities and Sororities: Locate fraternities and sororities on the Gal Poly University campus. Untilthat is possible, they should be located in medium-high and high-density residentialzones near campus. Gal Poly's draft Master Plan in 2019, addressed the benefits of housing Greek life in the North campus area and stated, "The approach could resolve potential conflicts with ffraternities and sororitiesl off campus, an ongoing concern of neighbors and the City." Unfortunately, this was eliminated from Cal Poly's final Master Plan. Therefore, the burden of the adverse impacts of Gal Poly's fraternity houses falls onto the City and its neighborhoods. The high-density residential areas (R4) on Foothill are directly adjacent to low and medium-density residential neighborhoods (R-1 and R-2), and a fraternity house hosting rush events and/or parties impacts those living nearby. The section of Foothill Blvd (R-4) that abuts Hathway Avenue (R-1) has increasingly become filled with fraternity houses and we requested conditions in the CUP to mitigate the impact of Lamda ChiAlpha house(s) on the neighborhood so those who live and work nearby are not adversely affected. Below is a map of the area, including the locations of current fraternity houses in red, with dates of their GUPs, and the latest GUP for Lambda Ghi Alpha in orange. The fraternity is a couple hundred feet from the R-1 residential neighborhood; therefore, the statement that the project is surrounded by other developed properties with compatible dense housing uses provides only a partially correct picture. &1$s_ l,l,r:, r il,i(!r? 1.il1.'ir a.. Ch$lar E. Tca(h €leoantrry - .i ,1''l tr I,'i' I lCn: Lambda ChiAlpha, CUP approved6l12l2024 I nCnr Rlpna Gamma Rho, 1997; OC: Delta Chi, 1998; SN: Sigma Nu, 1 992 & 200512008; PKP: Phi Kappa Psi, 2013; AEP: Alpha Epsilon Pi, 1 983 2 3 mffi OffMao: DU Delta Upsilon,2009 720 E. Foothill Blvd ru. CONDITIONS OF THE CONDITIONAL USE PERMIT FOR 1264E. FOOTHILL BLVD After discussing two new conditions, {4 and 15, the Commission suggested the meeting be continued so the language of these conditions could be drafted and brought back at a later meeting. Staff suggested the Commission could take a break to enable them to draft the new conditions. The intent of Condition#14, which the Gommission said was based on specific requests from the public, was changed from the wording of the previous GUP (Resolution #5323-01, Gondition #6) when staff redrafted the language during that break. Several individuals provided written and/or oral comments, recommending that this GUP be consistent with the previous GUP and with all but one other fraternity's CUP limiting occupancy from 10 p.m. to 9 a,m. to the number of people allowed for "residency," which is 24 in this case (unless they have a special event permit). However, Gondition #5 says that routine meetings and gatherings for the fraternity are limited to a maximum of 48 people wiiltout a special event permit. That implies that 48 people are allowed to occupy the premises from 10 p.m. to 9 a.m. During the hearing, staff said that a special use permit allows the fraternity to violate the noise ordinance after 10 p.m.r This appears to be a misrepresentation and to give a false impression to the fraternity andthe communityr that the fraternity is allowed to have loud parties after 10 p.m. in violation of the noise ordinance. A special event permit for the fraternity would be granted under SLOMC section 17.86.260, which governs special event permits on private property so that events would have no potential to detrimentally affect anyone nearby. Loud noise, especially at night does indeed have a detrimental effect on those nearby. Specifically, SLOMC section 17.86.260 8.5. says, "At the discretion of the director, certain small- scale events with limited duration, consisting of activities with no potential to detrimentally affect those working and living in the vicinity, may be allowed through director's action, without a public hearing." A fraternity partyl, especially one held outdoors with more than 48 attendees after 10 p.m., has the potential to adversely affect people in the vicinity. The City's noise ordinance prohibits any amplified sound, such as music, from crossing the property line, and prohibits noise greater than 50 decibels, which is very low - comparable to a quiet conversation or light rainfall - from crossing the property line after 10 p.m. lt is not reasonable for the CUP to imply that a special event permit could be issued to allow a fraternity event after {0 p.m. because such an event could potentially violate the noise ordinance, which is not consistent with section 17.86.260. The noise ordinance should apply to the fraternity, as it does to all other occupants in residential neighborhoods within the Gity. Additionally, it is also not reasonable for the CUP to imply that the fraternilt is allowed to hold a party or event that could potentially violate the noise ordinance and has the potential to adversely affect those living nearby at any time of the day or night. We are of the opinion that parties/events that could violate the SLOMG noise ordinance should be held at a third-party venue, outside of the residential neighborhood. This is the only way to mitigate the impact of a noisy fraternity party or event on the neighborhood. lAttorney Markie Kersten said, "[Mly understanding is that there could be, like other special events throughout the City, you know, we have music festivals that don't comply with our noise ordinance, and so there are situations where there could be special grants to not complv with our noise ordinance or other code requirements..." Community Development Deputy Director, Tyler Gorey said, "That's how the special event permits work. They operate outside of our normal code requirements and so that's why they're called special events. And thev mioht have times when noise The Gommission suggested that if the fraternity received four violations of the Gity's noise ordinance or property maintenance regulations within 12 months, the CUP would automatically be reviewed by the Planning Gommission. This was recommended in public correspondence, and a similar condition (#10) was included in the previous GUP for this property. City Staff Tyler Corey said that condition is already covered in the GUP in Condition #3. However, there is a distinct difference between Condition #3 and the condition proposed by the Commission. Condition #3 requires a written complaint from any citizen, whereas the condition suggested by the Gommission would be an automatic trigger for review when a certain threshold of code and/or noise violations is met. The difference is that many residents do not feel comfortable signing their name to a complaint for fear of retaliation - which they are aware that some residents have experienced. Even so, in February 2024 a wriften complaint was filed regarding noise violations of a different fraternity's CUP. ln this case there were six noise citations, including two unruly gatherings, in 10 months. To date there has been no action taken to bring this to the Planning Commission. Since that submission said fraternity has had five additional noise violations, most with parties of 100 people. A second complaint against the fraternity's CUP was filed in June 2024 included those additional five noise complaints. Without enforcement of the conditions, a GUP is meaningless. As the Gommission said during the hearing, the GUP needs to have teeth. The Commission also suggested violations should accumulate against the parcel (APN #052- 071-030) instead of separately against the six individual addresses on the parcel since it is one parcel, one owner, one CUP and the property is occupied exclusively by Lamda ChiAlpha. This was also suggested in written and oral comments. Staff said this already happens. However, it does not appear that it does happen, or will unless there is a condition that so states. There are six separate addresses on the same parcel under this CUP. Potentially, each address could be issued a "first citation" for $350 before the fines increase. Since there is one CUP for Lamda ChiAlpha that covers all six addresses it seems reasonable that a citation against any of them would be counted as a citation against the one property, the one CUR and not treated separately. lt is, in fact, one entity - the fraternity - that occupies each of the addresses on a single parcel. This condition would have held the fraternity collectively responsible for code and/or noise violations. A condition included in most of the existing fraternity CUPs, as well as in the property's former GUP and recommended in public correspondence, but not discussed or included is as follows: "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 adverce impacts on the health, safety, or welfare of persons in the vicinity of this use is prohibited and may constitute grounds for the revocation of this permit." Our aim with this appeal is in concert with the provisions of Land Use Element Policy 2.1, Neighborhood Focus which states: "The Gityr shall preserve, protect and enhance the City's neighborhoods and strive to preserve and enhance their identity and promote a higher quality of life within each neighborhood," This is about the quality of life for those living or working in the Alta Vista neighborhood. 4 PLANNING COMMISSION RESOLUTION NO. 5323-01 A RESOLUTION OF.THE SAN LUIS OBISPO PLANNING GOMMISSION APPROVING A USE FERMIT TO ALLOW A FRATERNITY AT PROPERTY LOCATED ON FOOTHILL BOULEVARD BETWEEN CALIFORNIA AND CRANDALL WAY; 1264 AND 1264Y2FOATHILL (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 Yz Footltill 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 lT 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: The proposed use, as conditioned, will not be detrintental 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. 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. S. The proposed use is exempt from environrnental review requirements because it is a residentlal 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 8&01, subject to the following conditions: 1 2 ' Resolution No. 5323-0'l Page 2 t 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 aZ{-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. The property shall be maintained in a clean and orderly manner. All plant materials shall be maintained and replaced as necessary. 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. No meetings, parties, or other types of similar activities involving persons otherthan residents are allowed between the hours of 10 p.m. and 9 a.m., except as approVed by the Community Development Director. The applicant shall institute and maintain a neighborhood relations program. This plan shall include at least the following elements: 4. 5. - - .,?.6. 7. .Annualtraining of all members in community relations. .A prograrir 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 ihe 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 aJtivities slhedule, 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. lf the Director determines the change is 'r 'Resolution No. 5323-01 Page 3 AYES: NOES: REFMIN: ABSENT: I 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. ln 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.|f California Polytechnic State University revokes the fraternity's charter, thp City shall review the use permit. ln 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 cornpliance 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 rnotion by Commr. Cooper, seconded by Commr. Aiken, and on the following roll callvote: Commrs. Caruso, Cooper, Aiken and Boswell Commrs. Peterson and Osborne None Commr. Loh The foregoing resolution was passed and adopted this 1Oth day of October,2001. Ron Planning Com on Secretary RESOLUTTON 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'/z EAST FOOTHILL BOULEVARD AND 1241, 1243, 1249, AND 1251 MONTE VISTA PLACE. THE PROJECT TNCLUDES A REQUEST TO PROVIDE TWO (2) PARKING SPACES IN TANDEM ON AN EXISTING DRIVEWAY ALONG EAST FOOTHILL BOULEVARD. THE PROJECT IS EXEMPT FROM ENVTRONMENTAL REVIEW UNDER SECTION 15301 (EXISTING FAC|LIT|ES) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEOA} GUIDELINES AS REPRESENTED IN THE STAFF REPORT AND ATTACHMENTS DATED JUNE 12, 2024 (USE-0331-2A23I WHEREAS, the Planning Cornmission 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 % East Foothill Bou.levard and 1241 , 1243, 1249, and 1251 Monte Vista Place, pursuant to a proceeding instituted under USE-0331 -2A23; 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 lT 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-0331-2A23r, 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. ln 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 1B required spaces for 24 residents and comply with the City's Parking and Driveway Standards to improve the property. Resolution No. PC-1 085-24 usE-0331-2023 1264 and 1264 % 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, Iocation, shape, size, and operating characteristics of the project; (b) traffic generation and the provision of public and emergency vehicle (e.9., fire and medical) access; (c) Public protection services (e.9., 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 potentialdisturbances to neighboring properties. The project will be compatible with the eiisting site constraints antJ the character of the neighborhood. 6. As conditioned, the establishment and subsequent operation or conduct of the project will not, because of the circumstances a;rd 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.9., parking space restriping, installation of wheel stops, etc.) and landscaping (e.9., pruning, maintenance, etc.). The project does not include construction of a new building or additional building square foofage. Therefore, the project involves no expansion of the former residential use. Resolution No. PC-1 085-24 usE-0331-2023 1264 and 1264 %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 Develapment Department 1. Plans submitted forthe building and/orsite improvements permit(s) (i.e^, parking lot improvements)shall be in subsiantial conformance with the project description and plans represented in the Staff Report dated June 12,2A24. 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 Ccinditional 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 frorn 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 Perrnit, 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 othenruise approved by the Community Development Director for special events. lf 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 Comrnunity 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 lnterfraternity Council of Stud'ent Life and Leadership at California Polytechnic University, San Luis Obispo. lf the fraternity becomes unaffiliated or is no longer in good standing, the Conditional Use Permit shall be revoked. Resolution No. PC-1085-24 usE-0331-2023 1264 and 1264 % East Foothill: 1241, 1243, 1249, and 1251 Monie Vista Page 4 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. lf there is a change to the name and/or contact information of any responsible parties, the Community Development Depadment and Neighborhood Services Manager shall be notified immediately. B. For the life of the organization, the property shall be maintained in a clean and orderly manner. All landscaping shall be maintained (e.9., trimmed, pruned, replaced as needed, etc.) to the satisfaction of the Community Development Director. L A site improvement permit is required for parking area improvements to create a minimum of 1B 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 rninimum of 18 long-term bicycle spaces and a minimum of six (6) short-terrn 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 far 1264 lz 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.9., change in use and/or new construction) are proposed for this area. Resolution No. PC-1 085-24 usE-0331-2023 1264 and 1264 % East Foothill; 1241 , 1243, 1249, and 1251 Monte Vista Page 5 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 othenruise approved through a special event by the Community Development Department. Engineering Division - Community Develapment / Public Works Departments 17.A building permit and/or site improvements permit is required forthe 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 forthe 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. lndemnification 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 ("lndemnified Claims"). The City shall promptly notify the applicant of any lndemnified Claim upon being presented with the lndemnified Claim and the City shallfully cooperate in the defense against an lndemnified Claim. On motion by Commissioner Steve Kahn, seconded by Commissioner Bob Jorgensen, and on the following roll call vote: Resolution No. PC-1 085-24 usE-0331-2023 1264 and 1264 % East Foothill; 1241, 1243, 1249, and 1251 Monte Vista AYES: NOES: ABSENT: RECUSED: Page 6 Commissioner Sheryl Flores, Commissioner Bob Jorgensen, Commissioner Steve Kahn, Commissioner Eric Tolle, and Vice Chair Dave Houghton. None Commissioner Juan Munoz-Morris and Chair Justin Cooley None Tyler Corey, Secretary Planning Commission The foregoing resolution was passed and adopted this 12th day of June 2A24.