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Home My WebLink AboutFrat Planning Files1 Planning Commission Minutes June 12, 2024, 6:00 p.m. Council Chambers, 990 Palm Street, San Luis Obispo Planning Commissioners Present: Commissioner Sheryl Flores, Commissioner Bob Jorgensen, Commissioner Steve Kahn, Commissioner Eric Tolle, Vice Chair Dave Houghton PC Absent: Commissioner Juan Munoz-Morris, Chair Justin Cooley City Staff Present: Deputy Community Development Director Tyler Corey, Assistant City Attorney Markie Kersten, Megan Wilbanks, Deputy City Clerk 1. CALL TO ORDER A Regular Meeting of the San Luis Obispo Planning Commission was called to order on June 12, 2024 at 6:00 p.m. in the Council Chambers at City Hall, 990 Palm Street, San Luis Obispo, by Vice Chair Houghton. 2. PUBLIC COMMENT FOR ITEMS NOT ON THE AGENDA Public Comment: None End of Public Comment-- 3. CONSENT 3.a CONSIDERATION OF MINUTES - MAY 8, 2024 PLANNING COMMISSION MINUTES Motion By Commissioner Tolle Second By Commissioner Kahn To approve the Planning Commission Minutes of May 8, 2024. Ayes (5): Commissioner Flores, Commissioner Jorgensen, Commissioner Kahn, Commissioner Tolle, and Vice Chair Houghton Absent (2): Commissioner Munoz-Morris, and Chair Cooley CARRIED (5 to 0) 2 4. PUBLIC HEARINGS 4.a REVIEW CONDITIONAL USE PERMIT (USE-0331-2023) TO ESTABLISH A FRATERNITY FOR UP TO 24 RESIDENTS, INCLUDING A REQUEST TO PROVIDE TWO (2) PARKING SPACES IN TANDEM ON AN EXISTING DRIVEWAY; THE PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW Commissioner Kahn provided ex-parte disclosure and announced that he visited site on Monday, June 10th and spoke with residents. Vice Chair Houghton provided ex-parte disclosure and announced that he visited the site on Wednesday, June 12th and discussed the proposal with the Applicant, Thomas Symer. Associate Planner Hannah Hanh presented the staff report and responded to Commission inquiries. The Applicant, Thomas Symer, provided a brief overview of the project and responded to questions raised. Vice Chair Houghton opened the Public Hearing Public Comment: Kathie Walker Sandra Rowley Steven Walker End of Public Comment-- Vice Chair Houghton closed Public Comment Motion By Commissioner Kahn Second By Commissioner Jorgensen Adopt the Draft Resolution approving the project, which is categorically exempt from environmental review under Section 15301 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines, with the added conditions listed below. 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 3 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)" Condition #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. Condition #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. Condition #16: Live entertainment, bands, and/or amplified sounds are prohibited, unless otherwise approved through a special event by the Community Development Department. Ayes (5): Commissioner Flores, Commissioner Jorgensen, Commissioner Kahn, Commissioner Tolle, and Vice Chair Houghton Absent (2): Commissioner Munoz-Morris, and Chair Cooley CARRIED (5 to 0) 4.b REVIEW TEXT AMENDMENT TO ZONING REGULATIONS (CODE-0224- 2024) TO ADD SINGLE-FAMILY AND MULTI-FAMILY USES AS CONDITIONALLY ALLOWED WITH APPROVAL OF MINOR USE PERMIT IN THE NEIGHBORHOOD COMMERCIAL (C-N) ZONE; THE PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW Associate Planner Hannah Hanh presented the staff report and responded to Commission inquiries. Vice Chair Houghton opened the Public Hearing Public Comment: Sandra Rowley Toni Detz End of Public Comment-- Vice Chair Houghton closed Public Comment 4 Motion By Commissioner Tolle Second By Commissioner Flores Adopt the Draft Resolution, which recommends the City Council introduce and adopt an Ordinance revising Table 2-1 (Uses Allowed by Zone) in Title 17 (Zoning Regulations) to add single-family and multi-family uses as conditionally allowed with approval of a Minor Use Permit in the Neighborhood Commercial (C-N) Zone. The project is exempt from environmental review under Section 15301(b)(3) (General Rule Exemption) of the California Environmental Quality Act (CEQA) Guidelines. A RESOLUTION OF THE CITY OF SAN LUIS OBISPO PLANNING COMMISSION RECOMMENDING THE CITY COUNCIL INTRODUCE AND ADOPT AN ORDINANCE AMENDING TABLE 2-1 (USES ALLOWED BY ZONE) IN TITLE 17 (ZONING REGULATIONS) OF THE MUNICIPAL CODE TO ADD SINGLE-FAMILY AND MULTI-FAMILY USES AS CONDITIONALLY ALLOWED WITH APPROVAL OF A MINOR USE PERMIT IN THE NEIGHBORHOOD COMMERCIAL (C-N) ZONE. THE PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW (CEQA) AS REPRESENTED IN THE PLANNING COMMISSION AGENDA REPORT AND ATTACHMENTS DATED JUNE 12, 2024 (CITYWIDE; CODE-0224-2024) " Ayes (5): Commissioner Flores, Commissioner Jorgensen, Commissioner Kahn, Commissioner Tolle, and Vice Chair Houghton Absent (2): Commissioner Munoz-Morris, and Chair Cooley CARRIED (5 to 0) 5. COMMENT AND DISCUSSION 5.a STAFF UPDATES AND AGENDA FORECAST Deputy Community Development Director Tyler Corey provided the following update of upcoming projects: On June 26, 2024, the Planning Commission will review an Appeal of the Community Development Director's decision regarding a new mixed-use development at 1925 Santa Barbara Avenue (APPL- 0232-2024) and review of a new mixed-use project at 10 Higuera Road (ARCH-0358-2023). 5 On July 10, 2024, the Planning Commission will review an Appeal of the Community Development Director's decision to deny a Homestay Permit at 1137 Peach Street (APPL 0210-2024). 6. ADJOURNMENT The meeting was adjourned at 8:19 p.m. The next Regular Meeting of the Planning Commission is scheduled for June 26, 2024 at 6:00 p.m. in the Council Chambers at City Hall, 990 Palm Street, San Luis Obispo. APPROVED BY PLANNING COMMISSION: 06/26/2024 1 Council Minutes October 15, 2024, 5:30 p.m. Council Chambers, 990 Palm Street, San Luis Obispo Council Members Present: Council Member Emily Francis, Council Member Jan Marx, Council Member Michelle Shoresman, Vice Mayor Andy Pease, Mayor Erica A. Stewart City Staff Present: City Manager Whitney McDonald, Christine Dietrick, City Attorney, Teresa Purrington, City Clerk 1. CALL TO ORDER A Regular Meeting of the San Luis Obispo City Council was called to order on October 15, 2024 at 5:30 p.m. in the Council Chambers, 990 Palm Street, San Luis Obispo, by Mayor Stewart with all Council Members present. 2. PLEDGE OF ALLEGIANCE Vice Mayor Andy Pease led the Council in the Pledge of Allegiance. 3. PRESENTATIONS 3.a ARBOR DAY PROCLAMATION Mayor Erica A. Stewart presented a proclamation declaring November 2nd as "Arbor Day" to Walter Gault on behalf of the City's Community Development Department. 3.b CITY MANAGER REPORT City Manager Whitney McDonald provided a report on upcoming projects. 4. PUBLIC COMMENT PERIOD FOR ITEMS NOT ON THE AGENDA Public Comment: David Yohe Weston Patrick End of Public Comment-- 2 5. CONSENT AGENDA Vice Mayor Pease requested Item 5k be pulled from the Consent Agenda. Council Member Shoresman requested Item 5g be pulled from the Consent Agenda. Public Comments: None End of Public Comment--- Motion By Council Member Francis Second By Council Member Shoresman To approve Consent Calendar Items 5a to 5f and 5h to 5j. Ayes (5): Council Member Francis, Council Member Marx, Council Member Shoresman, Vice Mayor Pease, and Mayor Stewart CARRIED (5 to 0) 5.a WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES Waive reading of all resolutions and ordinances as appropriate. 5.b MINUTES REVIEW - OCTOBER 1, 2024 COUNCIL MINUTES Approve the minutes of the City Council meeting held on October 1, 2024. 5.c UPDATE TO TRIP REDUCTION INCENTIVE PROGRAM Adopt Resolution No. 11524 (2024 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, amending the Trip Reduction Incentive Program,” effective January 1, 2025. 5.d CONSIDERATION OF A RESOLUTION ALLOWING PREVIOUSLY CONTRIBUTING EMPLOYEES TO CONTINUE PARTICIPATING IN THE FIRE RETIREE MEDICAL TRUST Adopt Resolution No. 11525 (2024 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, allowing previously contributing employees to continue participating in the Retiree Medical Trust through the Peace Officers Research Association of California.” 3 5.e AUTHORIZATION TO ADVERTISE MILL STREET SEWER REPLACEMENT PROJECT, SPECIFICATION NO. 2000561 1. Approve the project plans and specifications for Mill Street Sewer Replacement, Specification Number 2000561; and 2. Authorize staff to advertise for bids; and 3. Authorize the City Manager to award the Construction Contract pursuant to Section 3.24.190 of the Municipal Code if the lowest responsible bid is within the Engineer’s Estimate of $2,400,000; and 4. Authorize the City Engineer to approve Contract Change Orders up to the available project budget and any amended budget subsequently approved by the City Manager up to $200,000. 5.f CONSIDERATION OF A RESOLUTION OF INTENTION TO ABANDON PORTIONS OF SLACK STREET TO ACCOMMODATE CAL POLY FACULTY AND STAFF HOUSING, AS WELL AS CONSIDERATION OF A DETACHMENT TO ADJUST CITY LIMIT BOUNDARIES NEAR CAL POLY STAB-0038-2024, ANNX-0219-2024) Adopt Resolution No. 11526 (2024 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, to abandon portions of Slack Street, which is proposed to accommodate Cal Poly faculty and staff housing, as well as future consideration of a detachment to adjust city limit boundaries near Cal Poly (STAB-0038-2024, ANNX- 0219-2024)”, and set a public hearing for November 12, 2024, to consider a Resolution of Abandonment and Detachment. 5.h AUTHORIZATION TO RECLASSIFY ENGINEERING MANAGEMENT CLASSIFICATIONS Adopt Resolution No. 11527 (2024 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, authorizing an amendment to the FY 2024-25 Budget Appropriation to fund compensation changes to the Engineering Management Classifications and adopt a revised Regular and Contract Employee Salary Schedule.” 4 5.i AUTHORIZE WASTEWATER IMPACT FEE FUNDS AND EXECUTION OF A CONTRACT CHANGE ORDER FOR THE BUCKLEY SEWER LIFT STATION 1. Authorize Wastewater Impact Fee Funds in the amount of 281,358.15 to reimburse Wathen Castanos Homes for the construction of the Buckley Lift Station; and 2. Authorize the Utilities Director and City Engineer to execute a Contract Change Order No. 1 in the amount of $281,358.15 with Wathen Castanos Homes for construction modifications made to the Buckley Lift Station. 5.j ADVISORY BODY APPOINTMENT – MASS TRANSPORTATION COMMITTEE, ASSOCIATED STUDENTS INCORPORATED (ASI) REPRESENTATIVE Confirm the appointment of Emily McBride as the ASI Representative on the Mass Transportation Committee (MTC), to fill an unscheduled vacancy with a term ending August 31, 2026. Item 5k pull from Consent Agenda by Vice Mayor Pease. 5.k APPROVE THE REVISED SCHEDULE OF CITY COUNCIL MEETINGS FOR 2024 Public Comments: None End of Public Comment--- Motion By Council Member Francis Second By Council Member Marx Approve reinstating and rescheduling the Regular City Council meeting on December 17th to December 10th, as shown on the revised 2024 Regular City Council Meeting Calendar, and to reschedule the December 3rd meeting to December 9th for the Reorganization Ceremony for the new City Council based on the election results. Ayes (5): Council Member Francis, Council Member Marx, Council Member Shoresman, Vice Mayor Pease, and Mayor Stewart CARRIED (5 to 0) 5 Item 5g pulled from Consent by Council Member Shoresman 5.g FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR TRACT 2428 PHASE 3 – A RESIDENTIAL SUBDIVISION AT 3000 CALLE MALVA Public Comments: Addie Barkley Barbara Thompson Daniel Thompson Gail Ryff End of Public Comment--- Motion By Council Member Francis Second By Council Member Shoresman To continue the item to a date uncertain to allow staff time to conduct an inspection of the property. Ayes (5): Council Member Francis, Council Member Marx, Council Member Shoresman, Vice Mayor Pease, and Mayor Stewart CARRIED (5 to 0) 6. PUBLIC HEARING AND BUSINESS ITEMS 6.a ANNUAL PUBLIC HEARING FOR THE TOURISM BUSINESS IMPROVEMENT DISTRICT (Estimated Time: 30 Minutes) Deputy City Manager Greg Hermann, Tourism & Community Promotions Manager Jacqui Clark-Charlesworth and TBID Chair Lydia Bates provided an in-depth staff report and responded to Council questions. Public Comments: None End of Public Comment--- Motion By Council Member Marx Second By Council Member Francis Adopt Resolution No. 11528 (2024 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, declaring the basis for and the levy of the assessment for the San Luis Obispo Tourism Business Improvement District and affirming the establishment of the District.” Ayes (5): Council Member Francis, Council Member Marx, Council Member Shoresman, Vice Mayor Pease, and Mayor Stewart CARRIED (5 to 0) 6 6.b REVIEW OF AN APPEAL OF THE PLANNING COMMISSION’S DECISION TO APPROVE A CONDITIONAL USE PERMIT TO ESTABLISH A FRATERNITY (USE-0331-2023, APPL-0365-2024) Director of Community Development Timmi Tway and Associate Planner Hannah Hanh provided an in-depth staff report and responded to questions. Public Comments: Kathie Walker, Appellant's Representative Thomas Symer, Applicant's Representative Brett Cross Sandra Rowley Felicia Lewis Stew Jenkins End of Public Comment--- Motion By Council Member Shoresman Second By Council Member Marx Adopt Resolution No. 11529 (2024 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, denying an appeal and upholding the Planning Commission’s decision to approve a Conditional Use Permit to establish a fraternity for up to 24 residents 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 council agenda report and attachments dated October 15, 2024 (USE-0331-2023, APPL-0365-2024)” with the following changes to the Resolution as shown in bold and italics or strikethrough to Conditions 3, 5, 14, 15, 16: 3. The Conditional Use Permit shall be reviewed by the Planning Commission as soon as practical if 1) conduct on the permitted premises results in three (3) citation(s) within any 12-month period for a violation of law or permitted condition. 2) that citation is not contested or us upheld on appeal, and 3) conduct for which the citation was issued resulted in adverse impacts, to or complaints from, residents or occupants of the surrounding neighborhood. 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. 7 The City shall notify Cal Poly if the Use Permit is revoked. A re-review by the Planning Commission shall be accompanied by the appropriate fee. 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. No exception from the Noise Ordinance shall be approved by the Director as Part of the special event. 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 p.m. and 9:00 a.m., 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. No exception from the Noise Ordinance shall be approved by the Director as part of 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. No exception from the Noise Ordinance shall be approved by the Director as part of the special event. And adding the following Condition: 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 the revocation of this permit.” Ayes (5): Council Member Francis, Council Member Marx, Council Member Shoresman, Vice Mayor Pease, and Mayor Stewart CARRIED (5 to 0) 8 7. LIAISON REPORTS AND COMMUNICATIONS Mayor Stewart reported that none of her Subcommittee assignments met since the last City Council Meeting. She attended the Anderson Hotel grand opening, appeared on the Dave Congalton show with Homeless Response Manager Daisy Wiberg, attended the open house at the La Loma Adobe, and the ASI event Every Voice Counts in the Vote. Vice Mayor Pease provided an update from the SLOCOG meeting. Council Member Francis provided an update on the Air Pollution Control District meeting, the CAPSLO meeting, and a Nacimiento Water Board meeting. She attended the Passenger Rail Summit in San Diego with SLOCOG and the dedication of the Chumash Marine Sanctuary in Pismo. Council Member Marx provided an update on an item going to the Air Pollution Control District Hearing Board. She also provided an update on the SLO Climate Coalition, which she attended for Council Member Shoresman. She attended the groundbreaking for the new student housing at Cal Poly, the groundbreaking event for the Calle Joaquin Homekey Project, the Commemoration Ceremony at Beth David, Diversity Coalition Annual fundraising event, the Anderson Hotel ribbon cutting, the Fire Department open house, and Indigenous People's Day. Council Member Shoresman provided an update on Homelessness Services Oversight Committee Executive Committee meeting. She attended the Homekey groundbreaking ceremony and the Cheng Park Rededication ceremony. 8. ADJOURNMENT The meeting was adjourned at 9:44 p.m. The next Regular Meeting of the City Council has been rescheduled to November 12, 2024 at 5:30 p.m. in the Council Chambers at City Hall, 990 Palm Street, San Luis Obispo. Council approved rescheduling the November 5th Regular Meeting on November 14, 2023, during their annual review of the 2024 Council Meeting Calendar. APPROVED BY COUNCIL: 11 /12/2024 PLANNING COMMISSION AGENDA REPORT SUBJECT: 280 CALIFORNIA BLVD. (USE-0625-2024) RE-REVIEW OF AN EXISTING CONDITIONAL USE PERMIT FOR A FRATERNITY PROJECT ADDRESS: 280 California Blvd. BY: Hannah Hanh, Associate Planner Phone Number: (805) 781-7432 FILE NUMBER: USE-0625-2024 Email: hhanh@slocity.org APPLICANT: Alpha Epsilon Pi FROM: Tyler Corey, Deputy Director REPRESENTATIVE: Adam Wechsler, Fraternity President RECOMMENDATION Adopt the Draft Resolution to modify the Conditional Use Permit, based on updated required findings and subject to revised conditions of approval. The project is categorically exempt from environmental review under Section 15301 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines. SITE DATA Applicant General Plan Land Use Designation Zone Site Area Environmental Determination Alpha Epsilon Pi High Density Residential HDR) High-Density Residential R-4) Approximately 0.3 acre Categorically exempt from environmental review under CEQA Guidelines Section 15301 (Existing Facilities) SUMMARY On August 2, 1983, Alpha Epsilon Pi (Applicant) obtained approval of a Use Permit to allow their fraternity at 280 California Boulevard. Since the approval of this Use Permit, the Applicant has resided at and utilized the property for fraternity activities. Due to recent noise violations, the Community Development Director (Director) is referring the existing Conditional Use Permit to the Planning Commission for re-review. Re-review of the Conditional Use Permit may result in (a) added, modified, and/or removed conditions of approval to allow continuation of the fraternity in a manner compatible with existing and proposed uses in the vicinity; or (b) revocation if the required findings cannot be made. Meeting Date: 11/13/2024 Item Number: 4a Time Estimate: 60 minutes Figure 1 – Project Site Page 9 of 45 Item 4a USE-0625-2024 Planning Commission Report – November 13, 2024 1.0 PROJECT BACKGROUND 1.1 Prior Conditional Use Permit Review and Approval On August 2, 1983, the City Council denied an appeal and upheld the Planning Commission’s approval of a Use Permit, U1099, to establish the fraternity for Alpha Epsilon Pi at 280 California Boulevard (Attachment B – Resolution No. 5189 [1983 Series]). Approval of the Use Permit included a residential addition/remodel and various site improvements to facilitate a 10-bedroom, approximate 3,680 square foot residence and 19 parking spaces to allow up to 19 residents. Since the approval of this Use Permit, the Applicant has improved and used the project site as their residence and for their fraternity activities. 1.2 History of Recent Violations and Code Enforcement Actions On March 13, 2024, a Notice to Correct Code Violation(s) / Notice of Violation (i.e., courtesy warning) was issued due to multiple, confirmed code violations (Attachment C – Notice to Correct Code Violation(s), dated March 13, 2024). Records from the Police Department indicate that six (6) citations were issued for noise violations in 2023. After issuing this Notice, staff made contact with the property manager to discuss these issues. On June 19, 2024, a subsequent Notice of Violation was issued due to multiple, confirmed Use Permit and code violations (Attachment D – Notice of Violation, dated June 19, 2024). Records from the Police Department indicate that three (3) citations were issued for noise violations after 10:00 p.m. in May 2024. After issuing this Notice, staff engaged in follow- up conversations with the property owner, property manager, and fraternity over the next several months to discuss these issues, including the referral for re-review by the Planning Commission. 1.3 Planning Commission’s Purview / Changes to the Municipal Code Due to repeat noise violations by the fraternity, the Director is referring the Use Permit to the Planning Commission for re-review in accordance with Condition No. 5 of Use Permit, U1099 (Resolution No. 5189). Condition No. 5 states the following: Use Permit shall be reviewed by the Planning Commission at any time, if any reasonable written citizen or Police Department complaint is received by the city. In review of the use permit, the Planning Commission may add, delete, or modify conditions of approval or may revoke the use permit.” Municipal Code Changes Since the approval of the original Use Permit, U1099, in 1983, it should be noted that there have been codified changes to the Municipal Code. These changes include updated findings and criteria for approval for fraternities as well as code requirements that directly address concerns regarding noise, public disturbances, and other disorderly conduct, as summarized below. Page 10 of 45 Item 4a USE-0625-2024 Planning Commission Report – November 13, 2024 Requirements for Approval Per Table 2-1 (Uses Allowed by Zone), the establishment of a fraternity in the R-4 zone requires approval of a Conditional Use Permit. Approval of a Conditional Use Permit for a fraternity is subject to the requirements, listed below, to ensure its consistency with the General Plan and Zoning Regulations and its compatibility with existing and future land uses in the vicinity: Section 17.110.060 (Minor Use Permits and Conditional Use Permits – Criteria for Approval) Section 17.110.070 (Minor Use Permits and Conditional Use Permits – Required Findings) Section 17.86.130(B) (Fraternities and Sororities – Required Findings) Any changes (i.e., additions, modifications, and/or removals) to the conditions of approval for this Use Permit by the Planning Commission would consider the nature of the violations and the ability to make these required findings for allowing a fraternity. Standard Conditions for Fraternities Standard conditions for fraternities and sororities, outlined in Section 17.86.130(A) Fraternities and Sororities – Applicability), were established as part of the comprehensive update to Title 17 (Zoning Regulations) in 2018. These standard conditions limit the number of permitted residents, regulate the number of attendees for meetings and gatherings, require affiliation and good standing with the university, and establish a responsible contact for the fraternity. Title 9 (Public Peace, Morals, and Welfare) Updates Since 1983, there have been incremental improvements as codified changes to Title 9 Public Peace, Morals, and Welfare) that directly address concerns regarding noise, public disturbances, and other disorderly conduct, regardless of a Use Permit approval. These code requirements apply to all uses in the City, and the key chapters that apply to fraternity activities are identified below: Chapter 9.12 (Noise Control) o Ordinance adopted in 1985, latest revision in 2010 Chapter 9.13 (Unruly Gatherings) o Ordinance adopted in 2010, revised in 2015 Chapter 9.22 (Safety Enhancement Zones) o Ordinance adopted in 2004, latest revision in 2024 Improvements to Language in Conditions of Approval In addition, should there be any imprecise language in the conditions of older Use Permit approvals that can, and should be, improved in a manner consistent with both Municipal Code limitations and constitutional requirements, staff recommends more precise language to reflect legally compliant conditions and to enhance clarity in enforcement for more recent fraternity applications and re-reviews. Page 11 of 45 Item 4a USE-0625-2024 Planning Commission Report – November 13, 2024 2.0 PROJECT ANALYSIS Staff has evaluated the fraternity and its noise violations against current standards and regulations, including the updated findings and criteria for approval as well as code requirements. At this time, staff recommends the Planning Commission allow continuation of the fraternity subject to a modified Use Permit, instead of revocation of the Use Permit. Updated findings and revised conditions are recommended based on the following analysis. The re-review, and any subsequent changes to the conditions of approval, are documented as part of an updated Conditional Use Permit, USE-0625-2024, application. 2.1 Consistency with the General Plan / Zoning Regulations The project is consistent with the intent of both the High-Density Residential land use designation and zone, which allow dense housing in proximity to concentrations of employment and college enrollment. In addition, the project would advance Land Use Element Policy 2.6.5 (Fraternities & Sororities) and Housing Element Policy 8.5 (Special Housing Needs) by locating a fraternity in a High-Density residential area within 0.3-mile of Cal Poly SLO campus. Fraternity Use – Standard Conditions As outlined in Section 17.86.130(A) (Fraternities and Sororities – Applicability), standard conditions shall apply to the fraternity, as follows: Number of Residents – Occupancy shall be limited to not more than one (1) resident per 60 square feet of building area. The landlord shall allow the City to verify occupancy by allowing an inspection of the records or 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 project site contains an approximate 3,680 square foot residence with 10 bedrooms. The fraternity shall be limited to a maximum of 19 residents approximately 194 square feet per resident), consistent with the prior Use Permit approval, because it is anticipated that all bedrooms, except for one (1), would provide for two (2) residents (Condition No. 3). The property owner shall also allow the City to verify occupancy by allowing an inspection of records or visual inspection of the premises at a reasonable time with at least 24-hour notice to the residents (Condition No. 3). Routine Gatherings – The maximum number of persons allowed on site for routine meetings and gatherings shall not exceed the limit established by the applicable Conditional Use Permit. Prior approvals of Conditional Use Permits to establish fraternities/sororities have limited the number of people onsite for routine meetings and gatherings to 1.5 times the number of average population density . This calculation takes into consideration the number of residents, areas inside buildings, and number of parking spaces available in the vicinity. Page 12 of 45 Item 4a USE-0625-2024 Planning Commission Report – November 13, 2024 Per Table 4 (Residential Population Assumptions) of the Land Use Element, the High Density Residential (HDR) land use designation, which corresponds to the R- 4 zone where fraternities may be permitted, has an average population density of 55 people per acre. The project site at 280 California Blvd. is approximately 0.3- acre in size, which results in an average of 16.5 people for the property. Based on past practice, the maximum number of people for routine meetings and gatherings for this fraternity shall be limited to 25 people (rounded up from 24.75 = 16.5 people x 1.5) (Condition No. 4). University Affiliation – The fraternity or sorority 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 or sorority becomes unaffiliated or no longer held in good standing with California Polytechnic University, the Conditional Use Permit shall be revoked. 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 (Condition No. 5). Contact Information – The landlord shall provide names and telephone numbers of responsible persons to the Community Development Department and Neighborhood Services Manager of the Police Department on an annual basis. Responsible persons shall be available during all events and at reasonable hours to receive and handle complaints. 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 Condition No. 6). Parking Requirements Per Table 3-4 (Parking Requirements by Use), a fraternity is required to provide one (1) space per 1.5 occupants or 1.5 spaces per bedroom, whichever is greater. While the fraternity is required to provide 15 onsite spaces, based on 19 residents and a 10 - bedroom residence, the original Use Permit approval required a greater number of 19 parking spaces to address concerns related to anticipated parking demand. As such, the fraternity shall continue to provide 19 spaces onsite (Condition No. 8). Page 13 of 45 Item 4a USE-0625-2024 Planning Commission Report – November 13, 2024 Instead of only providing a maximum of six (6) bicycle spaces per the original Use Permit Condition No. 2 of Resolution No. 5189), this requirement has been removed because the fraternity would be required to provide a higher number of bicycle spaces to comply with current bicycle requirements in Table 3-6 (Parking Requirements by Use). Based on a maximum of 19 residents, the fraternity would be required to provide a minimum of 19 bicycle spaces (one per bed for each resident) (Condition No. 13). 2.2 Conditions to Address Noise and Large Gatherings Based on recent noise violations, staff recommends the following new conditions, which are consistent with language in conditions of more recent approvals, to address concerns related to noise and large gatherings: Condition No. 2 establishes clear thresholds for re-reviews should future violations occur. o Note – This condition would replace procedures for handling complaints and re-reviews identified in Conditions No. 5 and 13 of the original Use Permit, U1099. Condition No. 4 limits routine meetings and gatherings to 25 people. Any event that includes more than 25 people is considered a special event and will require a separate, follow-up application for more detailed review. o Note – This condition would address concerns related to large gatherings and replace Conditions No. 12 and 14 of the original Use Permit, U1099. Condition No. 9 includes an extended range of hours between 10:00 p.m. and 9:00 a.m. (instead of only between 10:00 p.m. and 7:00 a.m. as required by the Municipal Code) for regular compliance with a lower exterior noise limit . o Note – This condition would directly address noise concerns and replace Condition No. 12 of the original Use Permit, U1099. It should be noted that people in private residences (e.g., residents of the fraternity) are legally allowed to gather and meet with guests without government interference into their private residences, relationships, and associations, provided that the number and conduct of those residents and guests conform to applicable regulations. Due to constitutional concerns with placing a condition that limits the type of people in private residences (i.e., residents vs. non-residents), Condition No. 9 was written to directly address noise concerns by identifying an extended range of hours between 10:00 p.m. and 9:00 a.m. for regular compliance with a lower exterior noise limit. Condition No. 10 requires that the fraternity establish and maintain ongoing communication with its neighbors in the vicinity. Condition No. 11 states that amplified noise-generating activities are prohibited. Conditions No. 4, 10, and 11 clarify that any requested exceptions from the Noise Ordinance will not be approved by the Director. Page 14 of 45 Item 4a USE-0625-2024 Planning Commission Report – November 13, 2024 2.3 Other Changes to the Conditions As part of the re-review, staff recommends revising the conditions to reflect updated language and for consistency with more recent approvals. Other Conditions with Updated Language Limitations and/or requirements detailed in Conditions No. 1, 2, 3, 8, 10, 11, and 14 of the original Use Permit, U1099, regulate the number of residents and parking spaces, and large gatherings. Most of these requirements are addressed as updated, standard conditions for fraternities and have been incorporated as recommended Conditions No. 1, 3, 4, 7, and 8 in the re-review. Removed Conditions Conditions No. 4, 6, 7, 9, 15, 16, 17, and 18 of the original Use Permit, U1099, required immediate improvements that have been satisfied (e.g., installation of replacement trees, smoke detectors, fire extinguishers, retaining walls, street frontage improvements, etc.) or are no longer relevant (i.e., street yard reduction along Hathway Avenue now meets the current street yard setback requirement). Therefore, these conditions are removed from the recommended conditions of this re-review. 3.0 ENVIRONMENTAL REVIEW The project is exempt from environmental review under Section 15301 (Existing Facilities) of the CEQA Guidelines because it includes the continued operation and permitting of an existing residential use (i.e., fraternity) with revised findings and conditions of approval. The project does not include construction of a new building or additional building square footage. Therefore, the project involves no expansion of the existing residential use. 4.0 ALTERNATIVES 1. Continue review of the Conditional Use Permit. An action to continue review of the Conditional Use Permit should include a detailed list of additional information or analysis required to make a decision regarding added, modified, and/or removed conditions. 2. Revoke the Conditional Use Permit. An action to revoke the Conditional Use Permit should include findings that cite the basis for revocation and reference inconsistency with the General Plan, Zoning Regulations, and other policy documents. 5.0 ATTACHMENTS A - Draft PC Resolution (USE-0625-2024) B - Resolution No. 5189 (1983 Series) (Approval of the original Use Permit, U1099) C - Notice to Correct Code Violation(s), dated March 13, 2024 D - Notice of Violation, dated June 19, 2024 Page 15 of 45 Page 16 of 45 RESOLUTION NO. PC-XXXX-24 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN LUIS OBISPO APPROVING MODIFICATIONS TO AN EXISTING CONDITIONAL USE PERMIT TO ALLOW THE CONTINUATION OF THE FRATERNITY AT 280 CALIFORNIA 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 NOVEMBER 13, 2024 (USE- 0625-2024) WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, on August 2, 1983, to review an appeal of the Planning Commission’s approval of a Use Permit to allow a fraternity at 280 California Boulevard, pursuant to a proceeding instituted under U1099; Alpha Epsilon Pi, applicant; and WHEREAS, the City Council of the City of San Luis Obispo denied the appeal and upheld the Planning Commission’s approval of the Use Permit, U1099, on August 2, 1983, after duly considering all evidence, including testimony of the applicant and general public and evaluation, and recommendations by staff presented at said hearing; and WHEREAS, the City received complaints and issued citations for multiple, verified noise violations in 2023 and 2024; and 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 November 13, 2024, for a re-review of the existing Conditional Use Permit to allow the continuation of the fraternity at 280 California Boulevard, pursuant to a proceeding instituted under USE- 0625-2024; Alpha Epsilon Pi, applicant; and WHEREAS, the Planning Commission of the City of San Luis Obispo approved modifications to the Conditional Use Permit, USE-0625-2024, after duly considering all evidence, including the documented noise violations, testimony of the applicant and general public, and evaluation and 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: Page 17 of 45 Resolution No. PC-XXXX-24 Page 2 SECTION 1. Findings. The Planning Commission hereby approves modifications to the Conditional Use Permit to allow the continuation of the fraternity (USE-0625-2024), based on the following revised 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 19 residents complies with the group housing maximum occupancy limits and (b) the revised parking configuration would provide 19 required spaces for 19 residents and comply with the City’s Parking and Driveway Standards to improve the property. 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., within 0.3-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. Page 18 of 45 Resolution No. PC-XXXX-24 Page 3 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 continued operation and permitting of an existing residential use (i.e., fraternity) with revised findings and conditions of approval. The project does not include construction of a new building or additional building square footage. Therefore, the project involves no expansion of the existing residential use. SECTION 3. Action. The Planning Commission hereby approves modifications to the Conditional Use Permit to allow the continuation of the fraternity (USE -0625-2024), based on the following revised conditions: Planning Division – Community Development Department 1. 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 November 13, 2024, or in the event of a change in ownership which may result in deviation from the project description or approved plans. 2. The Conditional Use Permit shall be reviewed by the Planning Commission as soon as practical if: 1) conduct on the permitted premises results in three (3) citations within any 12-month period for a violation of law or permit condition, 2) that citation is not contested or is upheld on appeal, and 3) the conduct for which the citation was issued resulted in adverse impacts to, or complaints from, residents or occupants of the surrounding neighborhood. 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. The City shall notify Cal Poly if the Use Permit is revoked. A re-review by the Planning Commission shall be accompanied by the appropriate fee. 3. The fraternity shall be limited to a maximum of 19 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. Page 19 of 45 Resolution No. PC-XXXX-24 Page 4 4. Routine meetings and gatherings for the fraternity shall be limited to a maximum of 25 people (rounded up from 24.75 = 16.5 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 25 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. No exception from the Noise Ordinance shall be approved by the Director as part of the special event. 5. 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. 6. 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. 7. For the life of the organization, the property shall be maintained in a clean and orderly manner. All landscaping shall be replaced as necessary and maintained e.g., trimmed, pruned, etc.) to the satisfaction of the Community Development Director. 8. A minimum of 19 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. 9. 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 p .m. and 9:00 a.m. 10. Prior to a special event approved by the Community Development Director pursuant to Condition No. 4, 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. No exception from the Noise Ordinance shall be approved by the Director as part of the special event. 11. Live entertainment, bands, and/or amplified sounds are prohibited, unless otherwise approved through a special event by the Community Development Department. No exception from the Noise Ordinance shall be approved by the Page 20 of 45 Resolution No. PC-XXXX-24 Page 5 Director as part of the special event. 12. 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 im pacts 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. 13. Within 60 days of the re-review hearing with the Planning Commission on November 13, 2024, the fraternity shall install a minimum of 19 bicycle spaces one bed for each resident) and contact the City for a follow-up inspection to verify that all required bicycle spaces have been installed. Indemnification 14. 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 acti ons 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 ______, seconded by Commissioner ______, and on the following roll call vote: AYES: NOES: RECUSED: ABSENT: The foregoing resolution was passed and adopted this 13th day of November 2024. Tyler Corey, Secretary Planning Commission Page 21 of 45 Page 22 of 45 RESOLUTION NO. 5189 (1983 SERI.ES) A RK::;SOLUTION OP 'J.'HE COUNCIL OF THE Cl.TY OF SAN WIS OUISPO DEl.'fl;r.NG AN AP PKAL foJS:D UPHOL.OHITG A Pf4Ad1NING COMMISSION ACTION TO .il..P'ROVE URE PERMIT REQUEST ALLOWING A F'RA'I:BRNIT.t HOUSi:: ALPnA EPSILON l?l AT WO CAJ..,IFO!RNIA &(li!H,iZi!ARn ATTACHMENT B Page 23 of 45 ATTACHMENT B Page 24 of 45 ATTACHMENT B Page 25 of 45 Page 26 of 45 Notice to Correct Code Violation(s)/Notice of Violation Courtesy Warning Prior to Issuance of Administrative Citation) March 13, 2024 Manda Properties LLC Comet Realty 1110 California Blvd #C San Luis Obispo, CA 93401 SUBJECT ADDRESS: 280 California Blvd, San Luis Obispo, CA 93405 APN: 052-072-017 Code Case #: CODE-000074-2024 Dear Property Owner, City of San Luis Obispo Community Development Department staff noted the following violations of the San Luis Obispo Municipal Code or other relevant codes at the above listed address: 1. Use Permit Violation (SLOMC 17.76.060) It shall be unlawful and a public nuisance for any person, firm or corporation, owning, leasing, occupying, or having possession of any private property in the City to maintain such property in such a manner that any of the following conditions are found to exist thereon: I. Any violation of the provisions of a minor use permit, conditional use permit, planned development permit, architectural review approval, variance, or other land use entitlement or land use permit.” Condition number five of the use permit associated with the property indicates “Use permit shall be reviewed by the Planning Commission at any time, if any reasonable written citizen or Police Department complaint is received by the city. In review of the use permit, the Planning Commission may add, delete, or modify conditions of approval or may revoke the use permit.” Police Department records indicate that six citations were issued at the property in 2023 for noise violations. Due to the multiple, confirmed noise violations and the impact to the surrounding area, Code Enforcement staff will be recommending review of the use permit to the Deputy Director of Community Development. A determination made by the Deputy Director that the evidence submitted warrants review, modification, or revocation of the current use permit by the Planning Commission will be followed by notification to the property owner and other responsible parties. We request that you voluntarily take action to correct the above noted violation(s). Immediate compliance is required. These violations constitute a public nuisance and must be abated. Failure to correct the violation(s) by the specified date will result in the issuance of an Administrative Citation requiring payment of FINES in accordance with SLOMC Chapter 1.24. For Municipal Code violations that remain uncorrected after issuance of an Administrative Citation, the City may seek enforcement by other civil or criminal remedies. ATTACHMENT C Page 27 of 45 Any person having a title interest in the property may request a Director’s review of this Notice by completing the enclosed Request for Director’s Review Form and submitting it to the Community Development Department, 919 Palm Street, San Luis Obispo, CA 93406, within five (5) days of the date of this Notice. This Notice shall be deemed final unless you timely file a Request for Director’s Review. We look forward to working with you to resolve these violations and would like to thank you for your efforts to maintain your property and to help preserve the safety and beauty of our community. If you have questions, please contact the undersigned Officer at (805) 783-7841 or ssheats@slocity.org. Sincerely, Steve Sheats, Code Enforcement Officer Cc: File Enclosures: Request for Directors Review ATTACHMENT C Page 28 of 45 Declaration of Service and Posting of Notice SUBJECT ADDRESS: 280 California Blvd, San Luis Obispo, CA 93405 CASE NO.: CODE-000074-2024 Citation No.: 36143 Officer: Steve Sheats I/we, the undersigned, declare that at all times herein mentioned, I/we were and now are a duly authorized employee(s) of the Community Development Department, City of San Luis Obispo, State of California; that pursuant to Section 1.24.050G of the San Luis Obispo Municipal Code (SLOMC), Section 1101.4 of the Uniform Housing Code, or Section 401.4 of the Uniform Code for the Abatement of Dangerous Buildings, as adopted by Section 15.02.010 of the San Luis Obispo Municipal Code, I/we deposited in a receptacle for the U.S. Postal Service, in a sealed envelope, postage prepaid, by regular mail, and/or certified mail, return receipt requested the following: A Notice to Correct, Notice of Violation, Administrative Citation, Stop-Work Notice, Notice of Hearing, Notice of Proposed Lien, Notice of Special Assessment Notifying the owner of the property of the subject address referenced above of violations of the San Luis Obispo Municipal Code existing on the property and/or of related abatement proceedings. The above notice was sent to each person having an interest in the property at their respective addresses as listed in the Notice, and a copy of the notice was posted at the subject address. I declare under penalty of perjury that the foregoing is true and correct. Executed this 20th day of June, 2024, San Luis Obispo, California Officer or clerk effecting service by mail: Steve Sheats 1155/June 20, 2024 PrintName) (Signature) (Time/date) Officer effecting service by posting: Steve Sheats 0924/June 20,2024 PrintName) (Signature) (Time/date) ATTACHMENT D Page 29 of 45 Notice of Violation June 19, 2024 Manda Properties LLC Comet Realty 1110 California Blvd #C San Luis Obispo, CA 93401 SUBJECT ADDRESS: 280 California Blvd, San Luis Obispo, CA 93405 APN: 052-072-017 Code Case #: CODE-000074-2024 Dear Property Owner, City of San Luis Obispo Community Development Department staff noted the following violations of the San Luis Obispo Municipal Code or other relevant codes at the above listed address: 1. Use Permit Violation (SLOMC 17.76.060) It shall be unlawful and a public nuisance for any person, firm or corp oration, owning, leasing, occupying, or having possession of any private property in the City to maintain such property in such a manner that any of the following conditions are found to exist thereon: I. Any violation of the provisions of a minor use permit, conditional use permit, planned development permit, architectural review approval, variance, or other land use entitlement or land use permit.” Condition number twelve (12) listed on the use permit to allow a fraternity at the subject property indicates “No meetings, parties or other types of activities involving persons other than residents living on the site shall be allowed between the hours of 10:00 p.m. and 9:00 a.m.” Police Department records indicate that three citations regarding violations of the city’s noise regulations were issued after 10:00 p.m. on May 10th, 17th and 31st of 2024. As a result of the continued violations, citations for each violation are enclosed with this notice. Additionally, the Community Development Department requests you contact our office to participate in a meeting to discuss the continuing violations, the potential enforcement action and the best path forward to avoid further action by the City. We request that you contact the undersigned officer within 15 days of this notice to coordinate a meeting. If no contact is received within the requested timeframe, the matter will be forwarded to the Deputy Director of Community Development to begin the formal process of use permit review. Use permit review may result in modification or revocation of the currently issued use permit. We request that you voluntarily take action to correct the above noted violation(s). These violations constitute a public nuisance and must be abated. Failure to correct the violation(s) by the specified date will result in the issuance of an Administrative Citation requiring payment of FINES in accordance with SLOMC Chapter 1.24. For Municipal Code violations that remain uncorrected after issuance of an Administrative Citation, the City may seek enforcement by other civil or criminal remedies. ATTACHMENT D Page 30 of 45 Any person having a title interest in the property may request a Director’s review of this Notice by completing the enclosed Request for Director’s Review Form and submitting it to the Community Development Department, 919 Palm Street, San Luis Obispo, CA 93406, within five (5) days of the date of this Notice. This Notice shall be deemed final unless you timely file a Request for Director’s Review. We look forward to working with you to resolve these violations and would like to thank you for your efforts to maintain your property and to help preserve the safety and beauty of our community. If you have questions, please contact the undersigned Officer at (805) 783-7841 or ssheats@slocity.org. Sincerely, Steve Sheats, Code Enforcement Officer Cc: File Enclosures: Request for Directors Review, Administrative Citation and Invoice, Administrative Citation Appeal Form, Original Notice of Violation ATTACHMENT D Page 31 of 45 REQUEST FOR DIRECTOR’S REVIEW Person Requesting Review: __________________________________ Phone: ________________ Address: _____________________________________Email: ______________________________ Property Owner: ______ Tenant: _____ Case #: ______________________ Address of alleged violation: _________________________________________________________ Date of Notice to Correct/Violation: ____________________________________________________ Please identify the code violation or interpretation you are contesting. Please provide relevant information and explain why the alleged violation or interpretation should be reconsidered. You may attach additional pages, if necessary. I hereby request a review of alleged violation or interpretation by the Community Development Director. Signature of Appellant: _______________________________________ Date: ______________ Please return form to: City of San Luis Obispo, Community Development Department 919 Palm Street San Luis Obispo, CA 93401 or Email: code@slocity.org COMPLETED FORM MUST BE RECEIVED BY THE COMMUNITY DEVELOPMENT DEPARTMENT WITHIN 5 DAYS OF THE DATE OF THE NOTICE TO CORRECT/VIOLATION. ATTACHMENT D Page 32 of 45 Citation No.: 00036143 ADMINISTRATIVE CITATION AND ORDER TO COMPLY WITH SAN LUIS OBISPO MUNICIPAL CODE 1st Citation 2nd Citation 3rd Citation Additional / Daily Fines ADDRESS OF VIOLATION: 280 California Blvd, San Luis Obispo, CA 93405 APN: 052-072-017 DATE OF VIOLATION: May 10, 2024 / May 17, 2024 / May 31, 2024 NAME: Manda Properties LLC ADDRESS: 1110 California Blvd #C, San Luis Obispo, CA 93401 PURSUANT TO CHAPTER 1.24 OF THE SAN LUIS OBISPO MUNICIPAL CODE, YOU ARE HEREBY ORDERED TO IMMEDIATELY CORRECT THE VIOLATION(S) DESCRIBED BELOW AND PAY THE FINE. YOU ARE FURTHER ORDERED TO CEASE THE ACTIVITY GIVING RISE TO THE VIOLATION. WHEN CORRECTIONS ARE COMPLETE PLEASE SCHEDULE AN INSPECTION BY CALLING (805)781-7180. TO AVOID ADDITIONAL FINES COMPLIANCE MUST BE VERIFIED BY DEPARTMENT STAFF. IF DAILY FINES APPLY AS NOTED ABOVE, THE FINES SHALL ACCRUE DAILY UNTIL THE VIOLATION(S) ARE CORRECTED. FAILURE TO CORRECT THE VIOLATION(S) WILL RESULT IN THE ISSUANCE OF ADDITIONAL ADMINISTRATIVE CITATIONS AND ESCALATING FINES OR OTHER ENFORCEMENT ACTION. CODE SECTION DESCRIPTION OF VIOLATION FINE MC § 17.76.060 Use Permit Violation $50 MC § 17.76.060 Use Permit Violation $100 MC § 17.76.060 Use Permit Violation $200 Amount Due $350 Failure to pay the fines may result in the suspension of any pending applications or permits. Unpaid fines become delinquent after 30 days and are subject to interest accrual of 8% per month as contained in SLOMC 1.24.070 C. The City may pursue all legal, equitable, and administrative remedies for the collection of unpaid civil administrative fines. Delinquent fines will be forwarded to a collection agency for payment. Mail Payments to: City of San Luis Obispo, Community Development Department 919 Palm Street, San Luis Obispo, CA 93401 You may file an APPEAL of this Administrative Citation by submitting a request in writing to the Hearing Administrator within ten days of the date this Administrative Citation is issued as shown below. Each responsible party is individually required to file an appeal. FAILURE TO FILE AN APPEAL WILL WAIVE YOUR RIGHT TO CONTEST THIS CITATION. Please see the attached Appeal Form for more information. Mail Appeals to: City of San Luis Obispo, City Clerk 990 Palm Street, San Luis Obispo, CA 93401 Issued By: Steve Sheats Signature: Title: Code Enforcement Officer RELATED CE CASE: CODE-000074-2024 DATE CITATION ISSUED: June 19, 2024 ATTACHMENT D Page 33 of 45 INVOICE (00036143) FOR CITY OF SAN LUIS OBISPO BILLING CONTACT MANDA PROPETIES LLC A CA LLC % OBISPO INVESTMENTS INC 1110 California Blvd c SLO, CA 93401 INVOICE NUMBER INVOICE DATE INVOICE DUE DATE INVOICE STATUS INVOICE DESCRIPTION 00036143 06/19/2024 07/19/2024 NONEDue REFERENCE NUMBER FEE NAME TOTAL CODE-000074-2024 NSS 1st Admin Citation $50.00 NSS 2nd Admin Citation $100.00 NSS 3rd Admin Citation $200.00 350.00SUBTOTAL280CaliforniaBlvdSanLuisObispo, CA 93405 TOTAL $350.00 Page 1 of1June18, 2024 City of San Luis Obispo ATTACHMENT D Page 34 of 45 Administrative Citation Appeal Form This request to appeal must be received by the City Clerk within 10 days of date of the citation to be considered timely filed. Please submit any supporting documents or photos with this form. Questions about this form or the appeal process? Contact the City Attorney’s Office at City Hall (990 Palm Street) or (805)781-7140 Revised and Published 7/1/2023 CO M P L E T E B O T H S I D E S 1. Appellant. Name ________________________________________________________________________ Phone ____________________________ Email _________________________________________________ Mailing Address ___________________________________________________________________________ City __________________________________________ State ____________ Zip Code __________________ If Applicable) Business Name ____________________________________ Business License # ________________________ 2. Interest in Citation. (Place X in front of selection) A. Charged personally ____B. Charged as the owner of the property C. Acting as the legally authorized Agent of the cited business or homeowner 3. Administrative Citation. Date of Citation __________________ Citation Number______________________ Address of property cited or location where an individual was cited: Citation Address __________________________________________________________________________ Municipal code section(s) violated: ___________________________________________________________ Code violation(s) being appealed: ____________________________________________________________ 4. Reason for appeal. Give a brief statement of why you are appealing and why the notice of violation/administrative citation should be revoked, modified, or otherwise set aside. The AMOUNT of the fine cannot be reduced on appeal. Attach additional sheets as necessary. Any documents or photos you wish to submit in support of your appeal should be included with this form. (number of sheets attached ________) ATTACHMENT D Page 35 of 45 CityofSanLuisObispo, Title, Subtitle Once filled out entirely and signed, email to CityClerk@slocity.org or deliver by U.S. Mail or in person to: City Clerk’s Office, 990 Palm St., San Luis Obispo, CA 93401 Questions about this form or the appeal process? Contact the City Attorney’s Office at Room 10, City Hall (990 Palm Street) or (805)781-7140 Administrative Citation Appeal Form CO M P L E T E B O T H SI D E S 5. Election of Appeal Process. Note: All Administrative Citations writt en for violation of Title 15 of the Municipal Code (building and related codes), even if other code violations are also cited, will be automatically heard by the Construction Board of Appeals. Election of Hearing Officer review is not valid and a check for the appeal fee must accompany this form. For Administrative Citations that do not charge a violation of Title 15, you must make a choice of an appeal process. 1) At no charge, you may choose an expedited, less formal appeal process of review by a Hearing Officer , whose final decision may be appealed directly to the superior court for de novo review pursuant to Government Code Section 53069.4. (2) However, if you wish to retain your right to challenge the Administrative Citation, or any final city action related to the citation, in court by any writ action, you must appeal to the Administrative Review Board for a more formal, comprehensive hearing to ensure preparation of an adequate administrative record and pay an appeal fee indicated below. Only one appeal process may be chosen, and once chosen, the election is final. Failure to make a selection will result in the appeal being assigned to a Hearing Officer for review an d will constitute a failure to exhaust administrative remedies for purposes of any subsequently filed writ action. I have read the above and choose: (Place X in front of selection) A. 1,339.57 My administrative citation includes a Title 15 violation requiring review by the Construction Board of Appeals. I have included a check with this form. B. 350.12 More formal appeal to Administrative Review Board. I have included a check with this form. C. No charge Expedited appeal to a Hearing Officer. 6. Election to forego an in-person hearing. It is your right under San Luis Obispo Municipal Code Section 1.24, no matter which appeal process is chosen, to have an in-person hearing. However, you are under no obligation to appear. If you choose, you may select to have your appeal reviewed on the record (all documents, pictures, etc. submitted by yourself or the City). I want my appeal heard on the record, so I do not need to appear 7. Truth of Appeal. I declare under penalty of perjury that all of the facts stated in this appeal are true and that this appeal form was signed on: ________________ at ________________________, __________ Date City State If different from the address in Paragraph 1, the official mailing address to receive further notices from City relating to the appeal is: Street Address City State Zip Signature of Appellant Print name of Appellant ATTACHMENT D Page 36 of 45 Notice to Correct Code Violation(s)/Notice of Violation Courtesy Warning Prior to Issuance of Administrative Citation) March 13, 2024 Manda Properties LLC Comet Realty 1110 California Blvd #C San Luis Obispo, CA 93401 SUBJECT ADDRESS: 280 California Blvd, San Luis Obispo, CA 93405 APN: 052-072-017 Code Case #: CODE-000074-2024 Dear Property Owner, City of San Luis Obispo Community Development Department staff noted the following violations of the San Luis Obispo Municipal Code or other relevant codes at the above listed address: 1.Use Permit Violation (SLOMC 17.76.060) It shall be unlawful and a public nuisance for any person, firm or corporation, owning, leasing, occupying, or having possession of any private property in the City to maintain such property in such a manner that any of the following conditions are found to exist thereon: I.Any violation of the provisions of a minor use permit, conditional use permit, planned development permit, architectural review approval, variance, or other land use entitlement or land use permit.” Condition number five of the use permit associated with the property indicates “Use permit shall be reviewed by the Planning Commission at any time, if any reasonable written citizen or Police Department complaint is received by the city. In review of the use permit, the Planning Commission may add, delete, or modify conditions of approval or may revoke the use permit.” Police Department records indicate that six citations were issued at the property in 2023 for noise violations. Due to the multiple, confirmed noise violations and the impact to the surrounding area, Code Enforcement staff will be recommending review of the use permit to the Deputy Director of Community Development. A determination made by the Deputy Director that the evidence submitted warrants review, modification, or revocation of the current use permit by the Planning Commission will be followed by notification to the property owner and other responsible parties. We request that you voluntarily take action to correct the above noted violation(s). Immediate compliance is required. These violations constitute a public nuisance and must be abated. Failure to correct the violation(s) by the specified date will result in the issuance of an Administrative Citation requiring payment of FINES in accordance with SLOMC Chapter 1.24. For Municipal Code violations that remain uncorrected after issuance of an Administrative Citation, the City may seek enforcement by other civil or criminal remedies. COPY ATTACHMENT D Page 37 of 45 Any person having a title interest in the property may request a Director’s review of this Notice by completing the enclosed Request for Director’s Review Form and submitting it to the Community Development Department, 919 Palm Street, San Luis Obispo, CA 93406, within five (5) days of the date of this Notice. This Notice shall be deemed final unless you timely file a Request for Director’s Review. We look forward to working with you to resolve these violations and would like to thank you for your efforts to maintain your property and to help preserve the safety and beauty of our community. If you have questions, please contact the undersigned Officer at (805) 783-7841 or ssheats@slocity.org. Sincerely, Steve Sheats, Code Enforcement Officer Cc: File Enclosures: Request for Directors Review COPY ATTACHMENT D Page 38 of 45 RESOLUTION NO. 5189 (1983 SERI.ES) A RK::;SOLUTION OP 'J.'HE COUNCIL OF THE Cl.TY OF SAN WIS OUISPO DEl.'fl;r.NG AN AP PKAL foJS:D UPHOL.OHITG A Pf4Ad1NING COMMISSION ACTION TO .il..P'ROVE URE PERMIT REQUEST ALLOWING A F'RA'I:BRNIT.t HOUSi:: ALPnA EPSILON l?l AT WO CAJ..,IFO!RNIA &(li!H,iZi!ARn ATTACHMENT D Page 39 of 45 ATTACHMENT D Page 40 of 45 ATTACHMENT D Page 41 of 45 Page 42 of 45 1 Fraternity Conditional Use Permit Re-Review USE-0625-2024 (280 California Boulevard) Planning Commission Hearing –November 13, 2024 Applicant – Alpha Epsilon Pi 2 Fraternity Background / Scope of Re-Review Original Use Permit (U1099) Approval in 1983 Alpha Epsilon Pi (AEPi) fraternity at 280 California Allows up to 19 residents and various site improvements Conditional Use Permit (USE-0625-2024) Re-review Repeat noise violations in 2023 and 2024 Condition No. 5 of original approval requires Planning Commission re-review if complaint received Re-review may result in added, modified, and/or removed conditions; or revocation Staff Recommendation Update Conditional Use Permit with revised findings and conditions Compliance with current regulations Consistency with recent approvals for other fraternities 3 Project Site High-Density Residential (R-4) Zone Developed property with 10-bedroom residence and various site improvements Irregularly-shaped lot with access from California Boulevard In proximity to other fraternities, single- family and multi-family residences, a convenience store, and Cal Poly SLO campus 4 Municipal Code Changes (since 1983) Requirements for Approval Updated findings for Conditional Use Permit and fraternity approvals Standard Fraternity Conditions Established as part of comprehensive Zoning Regulations update in 2018 Limit number of permitted residents (Condition No. 3) Regulate number of attendees for routine meetings and gatherings (Condition No. 4) Require affiliation and good standing with university (Condition No. 5) Establish responsible fraternity contact (Condition No. 6) 5 Municipal Code Changes (since 1983) Title 9 (Public Peace, Morals, and Welfare) Applicable Municipal Code requirements, regardless of Conditional Use Permit approval 9.12 – Noise Control (adopted 1985, latest revision in 2010) Prohibit noise-generating acts and establish exterior and interior noise limits 9.13 – Unruly Gatherings (adopted 2010, revised 2015) Define and prohibit unruly gatherings to protect public peace and welfare 9.22 – Safety Enhancement Zones (adopted 2004, latest revision in 2024) Enhanced penalties for certain Municipal Code violations during specific times of the year 6 Recommended Revisions New and/or Revised Conditions to Address Noise and Large Gatherings Condition No. 2 – require Planning Commission re-review if there are three (3) citations within any 12-month period Condition No. 4 – limit routine meetings and gatherings to 25 people; approval of special event permit required for events with more than 25 people Condition No. 9 – require compliance with lower exterior noise limit between extended range of hours from 10:00 pm to 9:00 am (instead of only 10:00 pm to 7:00 am) Condition No. 10 – require fraternity to establish and maintain ongoing communication with neighbors Condition No. 11 – prohibit amplified noise-generating activities Conditions No. 4, 10, and 11 – clarify that any requested exceptions from the Noise Ordinance will not be approved 7 Recommended Revisions Revised Conditions with Updated Language Conditions related to continued fraternity activities (i.e., parking space requirements, property maintenance, threshold for re-review, special event permit requirements, etc.) are reorganized with updated language Removed Conditions Immediate property improvements that have already been satisfied (e.g., installation of tree plantings, smoke detectors, fire extinguishers, etc.) Street yard setback exception that is no longer relevant 8 Staff Recommendation Adopt the Draft Resolution approving modifications to the existing Conditional Use Permit to allow continuation of the fraternity at 280 California PLANNING COMMISSION AGENDA REPORT 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. THE PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW. PROJECT ADDRESSES: 1264 and 1264 ½ East Foothill Boulevard; 1241, 1243, 1249, and 1251 Monte Vista Place FILE NUMBER: USE-0331-2023 BY: Hannah Hanh, Associate Planner Phone Number: (805) 781-7432 Email: hhanh@slocity.org FROM: Tyler Corey, Deputy Director RECOMMENDATION Adopt the Draft Resolution approving the project, based on findings and subject to conditions of approval. The project is categorically exempt from environmental review under Section 15301 (Existing Facilities) of the California Environmental Quality Act CEQA) Guidelines. SITE DATA Applicant Zone General Plan Land Use Site Area Environmental Determination Lambda Chi Alpha High-Density Residential R-4) High Density Residential HDR) Approximately 0.58 acre Categorically exempt from environmental review under CEQA Guidelines Section 15301 (Existing Facilities) SUMMARY Lambda Chi Alpha (Applicant) has applied for a Conditional Use Permit to establish a fraternity for up to 24 residents at 1264 and 1264 ½ East Foothill Boulevard, and 1241, 1243, 1249, and 1251 Monte Vista Place. The site is an approximate 0.58 -acre through lot that contains four (4), separate residential buildings with a total of six (6) units and has street access from both East Foothill Boulevard and Monte Vista Place. The project includes a request to allow tandem parking for two (2) spaces on the west driveway along Meeting Date: 6/12/2024 Item Number: 4a Time Estimate: 45 minutes Figure 1 – Project Site Page 9 of 61 Item 4a USE-0331-2023 Planning Commission Report – June 12, 2024 East Foothill Boulevard. Minor site improvements (e.g., parking area restriping, installation of wheel stops, etc.) would be required to accommodate the fraternity on the property. 1.0 PLANNING COMMISSION’S PURVIEW The Planning Commission’s role is to review the project for consistency with the General Plan, Zoning Regulations, and applicable City development standards and regulations. Per Table 2-1 (Uses Allowed by Zone), establishment of a fraternity requires approval of a Conditional Use Permit in the R-4 zone. 2.0 PROJECT INFORMATION 2.1 Site Statistics Present Development and Uses Developed property with six (6) residential units and site improvements, including access, parking, and landscaping Topography Minor upwards slope from East Foothill Boulevard and gradual level towards Monte Vista Place Access East Foothill Boulevard; Monte Vista Place Surrounding Zones and Uses North: R-4 zone / fraternity/sorority, multi-family residences, Cal Poly SLO South: R-4 zone / multi-family residences East: R-4 zone / fraternity/sorority, multi-family residences West: R-4 zone / multi-family residences 2.2 Prior Fraternity Use 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 ½ East Foothill Boulevard. Approval of this fraternity was limited to use of the three -bedroom and one- bedroom units, located towards East Foothill Boulevard, for a maximum of four (4) residents. This Use Permit (U 86-01) expired in 2021 due to inactivity. 2.3 Project Description The Applicant is requesting a Conditional Use Permit to establish a fraternity (Lambda Chi Alpha) for up to 24 residents at 1264 and 1264 ½ East Foothill Boulevard, and 1241, 1243, 1249, and 1251 Monte Vista Place (Attachment B – Project Description, Attachment C – Project Plans). The site contains a total of six (6) units, which consists of a three - bedroom unit and one-bedroom unit on the East Foothill Boulevard side and two (2) duplexes (one- and three-bedroom units) on the Monte Vista side. 3.0 PROJECT ANALYSIS Approval of a Conditional Use Permit to establish a fraternity is subject to requirements outlined in Section 17.110.060 (Minor Use Permits and Conditional Use Permits – Criteria for Approval), Section 17.110.070 (Minor Use Permits and Conditional Use Permits – Required Findings), and Section 17.86.130(B) (Fraternities and Sororities – Required Page 10 of 61 Item 4a USE-0331-2023 Planning Commission Report – June 12, 2024 Findings) for consistency with the General Plan and Zoning Regulations and for compatibility of the proposed fraternity with existing and future land uses in the vicinity. Staff has evaluated the project against applicable policies and standards and found it to be in compliance as discussed in the following analysis. 3.1 Consistency with the General Plan The project site is located in the High Density Residential (HDR) land use designation, which the Land Use Element (LUE) describes as primarily intended for attached dwellings Table 1 – General Plan Land Use Designations). Allowable uses within this land use designation include a range of multi-family dwellings, single-family attached dwellings, and public and quasi-public uses. In addition, LUE Policy 2.6.5 (Fraternities & Sororities) and Housing Element Policy 8.5 (Special Housing Needs) state that fraternities and sororities should be limited to Medium-High and High-Density residential areas near Cal Poly campus if locations on campus cannot be provided. As proposed, the project would be consistent with the land use designation and preceding policies by establishing a fraternity in a High-Density residential property located within 0.25-mile of the Cal Poly campus. 3.2 Consistency with the Zoning Regulations The project site is located in the High-Density Residential (R-4) zone, which Chapter 17.22 (R-4 Zone) describes as intended for attached dense housing that would be close to concentrations of employment and college enrollment. Fraternity Use Per Table 2-1 (Uses Allowed by Zone), the establishment of a fraternity requires approval of a Conditional Use Permit in the R-4 zone. The standard conditions, detailed in Section 17.86.130(A) (Fraternities and Sororities – Applicability), shall apply as follows: Number of Residents – Occupancy shall be limited to not more than one (1) resident per 60 square feet of building area. The landlord shall allow the City to verify occupancy by allowing an inspection of the records or 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 project site contains four (4), separate buildings (cumulative 5,778 square foot of building area) that provide a total of six (6) units, as described below: 1264 East Foothill (Building A; three-bedroom unit): 1,237 square foot 1264 ½ East Foothill (Building B; one-bedroom unit): 853 square foot 1249 and 1251 Monte Vista (Building C; one- and three-bedroom units): 1,844 square foot duplex 1241 and 1243 Monte Vista (Building D; one- and three-bedroom units): 1,844 square foot duplex Page 11 of 61 Item 4a USE-0331-2023 Planning Commission Report – June 12, 2024 As proposed, the fraternity shall be limited to a maximum of 24 residents approximately 240 square feet per resident) for the property because it is anticipated that each bedroom would provide for two (2) re sidents. The property owner shall also allow the City to verify occupancy by allowing an inspection of records or visual inspection of the premises at a reasonable time with at least 24 - hour notice to the residents (Condition No. 4). Routine Gatherings – The maximum number of persons allowed on site for routine meetings and gatherings shall not exceed the limit established by the applicable Conditional Use Permit. Per Table 4 (Residential Population Assumptions) of the LUE, the HDR land use designation, which corresponds to the R-4 zone, has an average population density of 55 people per acre. The project site is approximately 0.58-acre in size, which results in an average of 32 people (rounded up from 31.9) for the property. Prior approvals of Conditional Use Permits to establish fraternities/sororities have limited the number of people onsite for routine meetings and gatherings to 1.5 times the number of average population density, which takes into consideration the number of residents, areas inside the buildings, and number of parking spaces available in the vicinity. As such, routine meetings and gatherings for the fraternity shall be limited to a maximum of 48 people (32 people x 1.5). If the fraternity hosts special events involving more than 48 people, a transportation management plan shall be submitted to the Community Development Department, at least 30 days prior to the event taking place, for review and approval (Condition No. 5). University Affiliation – The fraternity or sorority 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 or sorority becomes unaffiliated or no longer held in good standing with California Polytechnic University, the Conditional Use Permit shall be revoked. 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 (Condition No. 6). Contact Information – The landlord shall provide names and telephone numbers of responsible persons to the Community Development Department and Neighborhood Services Manager of the Police Department on an annual basis. Responsible persons shall be available during all events and at reasonable hours to receive and handle complaints. 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 Page 12 of 61 Item 4a USE-0331-2023 Planning Commission Report – June 12, 2024 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 Condition No. 7). Parking Requirements Per Table 3-4 (Parking Requirements by Use), a fraternity is required to provide one (1) space per 1.5 occupants or 1.5 spaces per bedroom, whichever is greater. The project would house a maximum of 24 residents on a property that includes a total of 12 bedrooms. As proposed, the fraternity is required to provide 18 parking spaces based on the greater of the following calculations: Occupants: one (1) space x (24 / 1.5) occupants = 16 spaces Bedrooms: 1.5 spaces x 12 bedrooms = 18 spaces The existing parking layout, specifically the surface spaces accessed via East Foothill and located in tandem to the garages on Monte Vista, does not comply with the City’s Parking and Driveway Standards. As such, minor site improvements are conditioned to revise the parking layout and provide 18 spaces that would comply with the City’s parking standards (Conditions No. 9, 14, and 15). Key revisions to the parking layout (Attachment C – Sheet T1.1 of Project Plans) are as follows: Restripe to facilitate seven (7) surface spaces (labeled as Spaces No. 10 through 16) accessed via East Foothill; Remove one (1) garage space in Building B to accommodate the restriped surface spaces; o Note – The area adjacent to the parking space within this proposed one-car garage is permitted as storage (Condition No. 13). Establish two (2) spaces in tandem on the west driveway along East Foothill; Remove six (6) non-compliant diagonal spaces located in tandem to the garages on Monte Vista; and Establish four (4) parallel surface spaces (labeled as Spaces No. 1 through 4) adjacent to the landscaping. As part of the application, tandem parking is requested per Section 17.72.090(C)(1) Tandem Parking – Residential Uses) to provide flexibility for the site and facilitate the project. Two (2) parking spaces (labeled as Spaces No. 17 and 18) are proposed in tandem on the west driveway along East Foothill Boulevard. It is noted that vehicles (in Spaces No. 9 through 17) may enter and exit using the east driveway, even if access is blocked on the west driveway because of a parked vehicle. Therefore, the two (2) tandem spaces would have little to no impact on overall vehicle maneuverability for this side of the property. Page 13 of 61 Item 4a USE-0331-2023 Planning Commission Report – June 12, 2024 4.0 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 fratern ity would continue the residential use with minor site improvements related to parking (e.g., parking space restriping, installation of wheel stops, 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. 5.0 OTHER DEPARTMENT / DIVISION REVIEW The project has been reviewed by the Engineering Division, Building Division, and Fire Department. Any conditions of approval or informational notes from these departments and divisions have been incorporated into the Draft Resolution (Attachment A) for project approval. 6.0 ALTERNATIVES 1. Continue project. An action to continue the item should include a detailed list of additional information or analysis required to make a decision. 2. Deny the project. An action denying the project should include findings that cite the basis for denial and should reference inconsistency with the General Plan, Zoning Regulations, or other policy documents. 7.0 ATTACHMENTS A - Draft Resolution (USE-0331-2023) B - Project Description C - Project Plans Page 14 of 61 RESOLUTION NO. PC-XXXX-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. Page 15 of 61 Resolution No. PC-XXXX-24 USE-0331-2023 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. Page 16 of 61 Resolution No. PC-XXXX-24 USE-0331-2023 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. Page 17 of 61 Resolution No. PC-XXXX-24 USE-0331-2023 1264 and 1264 ½ East Foothill; 1241, 1243, 1249, and 1251 Monte 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. 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. Page 18 of 61 Resolution No. PC-XXXX-24 USE-0331-2023 1264 and 1264 ½ East Foothill; 1241, 1243, 1249, and 1251 Monte Vista Page 5 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. On motion by __________, seconded by __________, and on the following roll call vote: AYES: NOES: RECUSED: ABSENT: The foregoing resolution was passed and adopted this 12th day of June 2024. Tyler Corey, Secretary Planning Commission Page 19 of 61 Page 20 of 61 Lambda Chi Alpha - Phi Sigma Zeta 1264 East Foothill Blvd. San Luis Obispo, CA 93405 1 (925) 785-5278 Conditional Use Permit 1st June 2024 General Property Information Zoning: R-4 Total Square Footage: 4,100 sqft (4 Units) Attached are CAD drawings for the property with all the relevant measurements. Please note that the drawings are times 2 given that the duplexes are mirrors of each other. Parking Spaces: 19 total (6 front, 7 back, 6 garage) ATTACHMENT B Page 21 of 61 Description of Use The PSZ House Corporation acquired 1264 East Foothill Blvd. in March of 2022. PSZ House Corporation is a non-profit, tax-exempt corporation, recognized by the IRS as a 501(c)(3) charitable foundation. Its mission is to provide safe, clean, affordable student housing near the Cal Poly campus. They have owned student housing properties in the City of San Luis Obispo since 1980, the most recent at 1292 East Foothill Blvd. and just two parcels up from 1264 East Foothill Blvd. Lambda Chi Alpha – Phi Sigma Zeta resided at that property with a Conditional Use Permit with the City from 1998 to 2021 prior to the property being sold. Since the acquisition of 1264 East Foothill in March of 2022, PSZ House Corporation has renovated all four structures on the property, encompassing many areas, including but not limited to electrical upgrades, new roofing, plumbing enhancements, structural reinforcement, and new flooring throughout. Furthermore, the property has undergone extensive remodeling of six full kitchens and six full bathrooms and further upgrades to all appliances in each dwelling. After completing these renovations, the property’s resident capacity is 24 tenants comfortably spread across 12 bedrooms on the over half-acre parcel. These renovations were conducted to bring the property up to code and provide all residents with safe, suitable, and comfortable living conditions. 1264 East Foothill is also ideal from a parking perspective with 18 spaces total, nine outside spaces at the front of the property, four outside spaces in the back, and five garage spaces spread throughout the property. Given the well-known parking challenges for student housing projects along East Foothill Blvd., granting Lambda Chi Alpha a Conditional Use Permit will not further burden the neighborhood. In regards to noise, the structures of this property are far taller than our last property which will help tremendously with keeping noise down and not unnecessarily disturbing the neighborhood. Until March of 2022, the 1264 East Foothill property was owned by a Private Family Trust and was leased to Cal Poly’s Alpha Omicron Pi sorority for decades. During this time Alpha Omicron Pi held a Conditional Use Permit to operate as a fraternal organization with the City of San Luis Obispo. This property is surrounded by student and Greek-life housing with the Alpha Phi sorority next door. This specific area, steps from the Cal Poly campus, provides an ideal location for student housing with many Greek organizations that have Conditional Use Permits with the City. There is a sense of community for the students, promoting both community involvement and academic success. Since the expiration of our last Conditional Use Permit at 1292 East Foothill, the members of Lambda Chi Alpha have resided in 12-14 satellite properties in the neighborhood around Cal Poly’s campus. A Conditional Use Permit for Lambda Chi Alpha at 1264 East Foothill helps to ATTACHMENT B Page 22 of 61 concentrate fraternity activities in one primary location with living and outdoor spaces, unlike the typical single-family home rental properties. In summary, we propose the dedication of 1264 East Foothill Blvd. as a registered and permitted fraternity house that will provide a centralized, safe, and affordable base of operations for Lambda Chi Alpha and its members. With our chapter’s financial strength coupled with the financial standing of PSZ House Corporation, we are more than confident in our ability to enhance not only the property’s value but also the positive impact of the Chapter on the surrounding community. Description of Property While the Conditional Use Permit will be filed under the address 1264 East Foothill Blvd, there are in fact 4 different structures on the property with different addresses. All of them will be housing members of Lambda Chi Alpha - Phi Sigma Zeta. The structures consist of two duplexes, a single-bedroom side unit, and a three-bedroom unit at the front of the property. The addresses associated with the other structures are as follows: 1251 Monte Vista Pl., 1249 Monte Vista Pl., 1241 Monte Vista Pl., and 1243 Monte Vista Pl. Each duplex consists of three upstairs bedrooms (two singles and a double) and one downstairs double. The side unit will have one bedroom housing two residents and the front unit will have two singles and one double. This brings the total living space to 18 residents spread across 12 bedrooms on the property. Tentative Social Calendar October 15, 2024: Fall Rush House Tour Afternoon/evening 100 people Indoors/Outdoors December 3, 2024: Fall Quarter Philanthropy Afternoon/evening 100 attendees Outdoor January 18, 2025: Winter Rush House Tour Afternoon/evening 100 attendees Indoors/Outdoors Point of Contact ATTACHMENT B Page 23 of 61 Thomas Symer slolca.alpha@gmail.com ATTACHMENT B Page 24 of 61 ATTACHMENT C Page 25 of 61 QODUJHG 2YHUDOO 6LWH 3ODQ 3URSRVHG 3DUNLQJ 3ODQ ATTACHMENT C Page 26 of 61 ATTACHMENT C Page 27 of 61 x x x x x x x x ATTACHMENT C Page 28 of 61 x x x x x x x ATTACHMENT C Page 29 of 61 ATTACHMENT C Page 30 of 61 x x x x x x x x ATTACHMENT C Page 31 of 61 ATTACHMENT C Page 32 of 61 ATTACHMENT C Page 33 of 61 ATTACHMENT C Page 34 of 61 Fraternity – Conditional Use Permit USE-0331-2023 (E. Foothill, Monte Vista) Planning Commission Hearing June 12, 2024 Applicant: Lambda Chi Alpha Project Site 2 Developed property with four (4) separate residential buildings with a total of six ( 6) units 1264 and 1264 ½ East Foothill; 1241, 1243, 1249, and 1251 Monte Vista Access from E. Foothill and Monte Vista High-Density Residential ( R-4) Zone Surrounded by other fraternities, sororities, multi- family residences, Cal Poly SLO, etc. Within 0.25-mile of campus Project Description Establish a fraternity for up to 24 members Minor site improvements to revise surface parking areas (e.g., restriping, installation of wheel stops, etc.) Establish 18 spaces that comply with City’s Parking and Driveway Standards Request for tandem parking on west driveway along E. Foothill 3 Proposed Site Plan 4 Existing Floor Plan – Building A 5 Existing / Proposed Floor Plan – Building B 6 Existing Floor Plans – Building C & D 7 Policy Analysis High Density Residential (HDR) Land Use Designation Primarily intended for attached dwellings, which include a range of multi-family dwellings, single-family dwellings, and public and quasi-public uses High-Density Residential (R-4) Zone Intended for attached dense housing that would be close to concentrations of employment and college enrollment Fraternity Use Number of Residents – maximum of 24 residents (Condition No. 4) Routine Gatherings – maximum of 48 people based on lot size and average population density in the R-4 zone; prior approval required for special events with more than 48 people (Condition No. 5) University Affiliation – remain affiliated and in good standing with Cal Poly SLO on an ongoing basis (Condition No. 6) Contact Information – provide contact information for responsible parties to the Community Development and Police Departments on an ongoing basis (Condition No. 7) Parking Requirements – 18 spaces required based on total of 12 bedrooms for the site (Condition No. 9, 11) Subject to Re-review – CUP re-evaluated by Planning Commission if conditions or City ordinances, regulations, etc. are violated (Condition No. 3) 8 Policy Analysis Subject to requirements of Title 9 (Public Peace, Morals, and Welfare) Chapter 9.12 (Noise Control) Quiet hours” between 10:00 pm and 7:00 am Limited to 50 dBa (equivalent to normal conversation) Chapter 9.13 (Unruly Gatherings) Ordinance first adopted in 2010 Prohibits “unruly gatherings” which include gatherings of twenty or more people on a property that results in conduct that causes a substantial disturbance of the quiet enjoyment of private or public property in a significant segment of an immediate neighborhood or presents a threat to the health, welfare and safety of those in attendance, responding enforcement personnel, or nearby residents or properties New recommended condition Live entertainment, bands, and/or amplified sounds are prohibited, unless otherwise approved through a special event by the Community Development Department. 9 Environmental Determination Categorical Exemption – Section 15301 (Existing Facilities) Continued residential use Minor site improvements related to parking (e.g., parking space restriping, installation of wheel stops, etc.) and landscape (e.g., pruning, maintenance, etc.) No new building or additional building square footage 10 Recommendation 11 Adopt the Draft Resolution (Attachment A) approving the Conditional Use Permit, USE-0331-2023, subject to the findings and conditions of approval, as revised. Item 6b Department: Community Development Cost Center: 4008 For Agenda of: 10/15/2024 Placement: Public Hearing Estimated Time: 60 minutes FROM: Timmi Tway, Community Development Director Prepared By: Hannah Hanh, Associate Planner SUBJECT: REVIEW OF AN APPEAL OF THE PLANNING COMMISSION’S DECISION TO APPROVE A CONDITIONAL USE PERMIT TO ESTABLISH A FRATERNITY (USE-0331-2023, APPL-0365-2024) RECOMMENDATION Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, denying an appeal and upholding the Planning Commission’s decision to approve a Conditional Use Permit to establish a fraternity for up to 24 residents 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 council agenda report and attachments dated October 15, 2024 (USE-0331-2023, APPL-0365-2024).” REPORT-IN-BRIEF Lambda Chi Alpha (Applicant) has applied for a Conditional Use Permit to establish a fraternity for up to 24 residents at 1264 and 1264 ½ East Foothill Boulevard and 1241, 1243, 1249, and 1251 Monte Vista Place (Attachment C – Project Description, Attachment D – Project Plans). The site is an approximate 0.58-acre through lot that contains four (4), separate residential buildings with a total of six (6) units and has street access from both East Foothill Boulevard and Monte Vista Place. The project includes a request to allow tandem parking for two (2) spaces on the west driveway along East Foothill Boulevard. Minor site improvements (e.g., parking area restriping, installation of wheel stops, etc.) would be required to accommodate the fraternity on the property. On June 12, 2024, the Planning Commission reviewed the request for a Conditional Use Permit by the Applicant. After considering all evidence, including the application, staff’s evaluation and recommendation, and public testimony, the Planning Commission conditionally approved the project, subject to the findings and revised conditions of approval (Resolution No. PC-1085-24, Minutes). Page 513 of 560 Item 6b On June 24, 2024, Residents for Quality Neighborhoods (Appellant) filed a timely appeal of the Planning Commission’s decision to approve the Conditional Use Permit (APPL- 0365-2024) (Attachment B – Appeal Form and Statement). As described in the Appeal Form and Statement, the Appellant does not concur with the findings and requests that additional and/or revised conditions be imposed to address concerns related to large gatherings, noise, and ongoing enforcement of the conditions of approval. DISCUSSION Policy Context Per Table 2-1 (Uses Allowed by Zone), establishment of a fraternity requires approval of a Conditional Use Permit in the High-Density Residential (R-4) zone. Approval of the Conditional Use Permit is subject to requirements, outlined in Section 17.110.060 (Minor Use Permits and Conditional Use Permits – Criteria for Approval), Section 17.110.070 Minor Use Permits and Conditional Use Permits – Required Findings), and Section 17.86.130(B) (Fraternities and Sororities – Required Findings), to ensure consistency with the General Plan and Zoning Regulations and for compatibility of the proposed fraternity with existing and future land uses in the vicinity. As proposed, the project is consistent with the intent of both the High-Density Residential land use designation and zone, which allow dense housing in proximity to concentrations of employment and college enrollment. In addition, the project would advance Land Use Element Policy 2.6.5 (Fraternities & Sororities) and Housing Element Policy 8.5 (Special Housing Needs) by locating a fraternity in a High-Density residential area within 0.25-mile of Cal Poly SLO campus. Background The project site was previously approved and used for fraternity activities. 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 ½ East Foothill Boulevard. Approval of this fraternity was limited to use of the three -bedroom and one- bedroom units, located towards East Foothill Boulevard, for a maximum of four (4) residents (Attachment B – Resolution 5323-01 of Appeal Form and Statement). Due to inactivity, this Use Permit (U 86-01) expired in 2021. To accommodate an updated project description for Lambda Chi Alpha, the Applicant has applied for a new Conditional Use Permit to utilize the entire project site for a fraternity with up to 24 residents. Prior Actions On June 12, 2024, the Planning Commission reviewed the request for a Conditional Use Permit by Lambda Chi Alpha. After considering all evidence, including the application, staff’s evaluation and recommendation, and public testimony, the Planning Commission voted 5-0 to conditionally approve the project, subject to the findings and revised conditions of approval (Resolution No. PC-1085-24, Minutes). Page 514 of 560 Item 6b In response to concerns raised in public comment for the Planning Commission hearing1, the conditions of approval were revised to include Conditions No. 14 through 16 , listed below, with any subsequent conditions renumbered as appropriate: Condition No. 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 p.m. and 9:00 a.m., except as approved in writing as a special event by the Community Development Director. Condition No. 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. Condition No. 16: Live entertainment, bands, and/or amplified sounds are prohibited, unless otherwise approved through a special event by the Community Development Department. To address concerns related to noise identified by both the public and the Planning Commission, and upon specific direction from the Planning Commission, Conditions No. 14 and 16 were included to require an extended range of hours between 10:00 p.m. and 9:00 a.m. (instead of only between 10:00 p.m. and 7:00 a.m. as required by the Municipal Code) for regular compliance with a lower exterior noise limit, and to clearly identify that approval of a special event is required prior to conducting any amplified noise-generating activities. To address the public’s concerns related to the notification of special events, Condition No. 15 was included to establish and require ongoing communication between the fraternity and its neighbors in the vicinity. On June 24, 2024, Residents for Quality Neighborhoods filed a timely appeal of the Planning Commission’s decision to approve the Conditional Use Permit (APPL -0365- 2024) (Attachment B – Appeal Form and Statement). As described in the Appeal Form and Statement, the Appellant supports the request for the Use Permit, but does not concur that there are sufficient conditions to support Findings No. 5 and 6, listed below: Finding No. 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. 1 Agenda Correspondence for June 12, 2024 Planning Commission Hearing Page 515 of 560 Item 6b Finding No. 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. The Appellant requests that additional and/or revised conditions be imposed to address concerns related to large gatherings, noise, and ongoing enforcement of the conditions to ensure that the use will not be detrimental to the health, safety, and welfare of persons living or working in the area. Appeal The Appeal Form and Statement identifies seven (7) issues, which are summarized and discussed in the following analysis. Appeal Issue No. 1 – Consistency with Conditions in Older Conditional Use Permits Approvals Throughout the Appeal Statement, the Appellant states that older Conditional Use Permits approvals for fraternities contain more restrictive conditions that should be applied to this Conditional Use Permit application (USE -0331-2023) for consistency between approvals and to address concerns related to the compatibility of the proposed fraternity with existing and future land uses in the vicinity (Attachment B – Pages 1, 3, and 4 of Appeal Statement, Resolution No. 5323-01).2 Staff Response It is noted that the older Conditional Use Permits mentioned in the Appeal Statement (and identified in public comment for the Planning Commission hearing1) were approved between 1983 and 2013. Since the approval of these older Conditional Use Permits, there have been incremental improvements as codified changes to the Municipal Code that directly address concerns related to noise, public disturbances, and other disorderly conduct, regardless of a Use Permit approval. Many of these code requirements are outlined in Title 9 (Public Peace, Morals, and Welfare) with key chapters applicable to fraternity activities listed below: 2 Requests to add and/or revise specific conditions are identified and analyzed in the following sections as Appeal Issues No. 2 through 7. Page 516 of 560 Item 6b Chapter 9.12 (Noise Control) o Ordinance adopted in 1985, latest revision in 2010 Chapter 9.13 (Unruly Gatherings) o Ordinance adopted in 2010, revised in 2015 Chapter 9.22 (Safety Enhancement Zones) o Ordinance adopted in 2004, latest revision in 2024 Standard conditions for fraternities and sororities, outlined in Section 17.86.130(A) Fraternities and Sororities – Applicability), were also established as part of the comprehensive update to Title 17 (Zoning Regulations) in 2018. These standard conditions limit the number of permitted residents, regulate the number of attendees for meetings and gatherings, require affiliation and good standing with the university, and establish a responsible contact for the fraternity. As such, the implementation of these preceding code requirements and incorporation of updated standard conditions for fraternities are taken into consideration in the review of a more recent Conditional Use Permit application. In addition, should there be any imprecise language in past conditions that can, and should be, improved in a manner consistent with both Municipal Code limitations and constitutional requirements, staff recommends more precise language to reflect legally compliant conditions and enhance clarity in enforcement. These Municipal Code changes and improvements to language in the conditions are reflected in the following Staff Responses to Appeal Issues No. 2 through 7. Appeal Issue No. 2 – Special Events and Noise Ordinance (Chapter 9.12 Noise Control) The Appellant states that the approval of a special event permit does not allow exceptions from exterior noise limits established in Chapter 9.12 (Noise Control) (Attachment B – Pages 1 and 3 of Appeal Statement). Staff Response To provide clarification, Section 9.12.100 (Exceptions) states the noise control officer e.g., Community Development Director) may grant exceptions from the provisions of Chapter 9.12 (Noise Control), if deemed appropriate. Any requested exceptions would be reviewed as part of a special event permit in accordance with Section 17.86.260(B)(5) Other Temporary or Intermittent Uses and Special Events) and Chapter 17.108 Director’s Action). Approval of a special event permit with requested noise exceptions is subject to requirements, outlined in Section 17.108.040 (Director’s Action – Required Findings) and Section 9.12.100(A) (Noise Control – Special Exceptions), in order to provide for adequate consideration of, and measures to address, any adverse impact on the public health, safety, and welfare of those in the vicinity. Page 517 of 560 Item 6b To address concerns related to noise and public disturbances, Conditions No. 5, 14, and 16 require approval of a special event permit by the Community Development Director prior to any meeting or gathering with more than 48 people and/or amplified noise- generating activity occurring. Appeal Issue No. 3 – Limitations on Gatherings The Appellant is requesting a revision to Condition No. 14 that limits the number of people on the premises to only residents between the hours of 10:00 p.m. and 9:00 a.m., similar to older Conditional Use Permit approvals for other fraternities issued in the past Attachment B – Page 3 of Appeal Statement, Condition No. 6 of Resolution No. 5323- 01). Staff Response People in private residences (e.g., residents of the fraternity) are legally allowed to gather and meet with guests without government interference into their private residences, relationships, and associations, provided that the number and conduct of those residents and guests conform to applicable regulations. Due to constitutional concerns with placing a condition that limits the type of people in private residences (i.e., residents vs. non- residents), Condition No. 14 was written to directly address noise concerns by identifying an extended range of hours between 10:00 p.m. and 9:00 a.m. for regular compliance with a lower exterior noise limit. In addition, the Municipal Code includes applicable regulations on the number and conduct of people, as it pertains to protection of the public peace and welfare, to address concerns related to noise and disturbances that may be created by large gatherings: Chapter 9.12 (Noise Control) o Prohibited noise-generating acts and exterior and interior noise limits are identified to protect the peace and quiet. Chapter 9.13 (Unruly Gatherings) o Unruly gatherings, as defined in Section 9.13.020(E), are identified as public nuisances and prohibited to protect the public peace and welfare. Chapter 9.22 (Safety Enhancement Zones) o During specific periods of time in the year (i.e., holidays such as Mardi Gras, St. Patrick’s Day, and Halloween, and start of the fall term for Cal Poly), the City is designated as a safety enhancement zone, which includes enhanced penalties for violations of certain provisions in the Municipal Code, as outlined in Section 9.22.020 (Safety Enhancement Zone Penalties and Violations), to protect the public health, safety, and welfare. Page 518 of 560 Item 6b Due to constitutional concerns regarding government interference into private residences, relationships, and associations, staff does not recommend adding or revising a condition to limit the type of people in private residences. This appeal issue is addressed through incorporation of Condition No. 14 as well as requirements and enforcement actions detailed in Chapter 9.12 (Noise Control), Chapter 9.13 (Unruly Gatherings), and Chapter 9.22 (Safety Enhancement Zones). Appeal Issue No. 4 – Re-review of Conditional Use Permit The Appellant is requesting either an additional condition, or revision to Condition No. 3, to require re-review of the Conditional Use Permit by the Planning Commission once a certain number of violations is received within a specified timeframe, similar to older Conditional Use Permit approvals for other fraternities issued in the past (Attachment B Page 4 of Appeal Statement, Condition No. 10 of Resolution No. 5323-01). Staff Response As proposed, Condition No. 3 does not identify a minimum number of violations within a specified timeframe to require re-review by the Planning Commission. The lack of an established threshold would allow staff to refer the Conditional Use Permit to the Planning Commission for re-review upon receipt of any substantiated violation or frequency of violations. As written, Condition No. 3 allows staff to refer the Use Permit for re-review upon receipt of one (1) violation, which is more restrictive than the requested revision to establish a threshold. Additionally, staff does not recommend identifying a minimum number of violations to require re-review by the Planning Commission as that may signal that certain violations within that number are excusable. Therefore, this appeal issue has been addressed through incorporation of Condition No. 3. Appeal Issue No. 5 – Written Complaints The Appellant is requesting a revision to Condition No. 3 to not require written complaints in order for a reporting party to maintain anonymity (Attachment B – Page 4 of Appeal Statement). Staff Response In order for staff to determine whether a violation has occurred, written complaints provide and document critical information regarding a potential violation (e.g., details related to the date, time, description of activity, etc.). As proposed in Condition No. 3, the City may receive written complaints from any citizen or City staff member (e.g., Code Enforcement Division, Fire Department, Police Department, etc.). If substantiated complaints which result in violations are received, staff will refer the Conditional Use Permit to the Planning Commission for re-review. Re-reviews are initiated by staff and supported by documented violations (i.e., Notices of Violations). The contact information of a reporting party from the general public is not included as part of supporting documentation for the re-review and would be redacted from public records. Therefore, staff does not recommend revising the condition to not require written complaints. Page 519 of 560 Item 6b Appeal Issue No. 6 – Accumulation of Violations The Appellant is requesting an added condition that states violations are accumulated against the parcel, instead of individual addresses (Attachment B – Page 4 of Appeal Statement). Staff Response The scope of this Conditional Use Permit is to establish a fraternity for up to 24 residents throughout all six (6) units, inclusive of individual addresses, located on the parcel. As such, there would be one (1) Conditional Use Permit to regulate fraternity activities for the entire premises. Any violations would be documented as part of, and assessed against, the Use Permit. Therefore, this appeal issue has been addressed through the scope of the Conditional Use Permit application. Appeal Issue No. 7 – Compliance with Conditions of Approval and Requirements of Federal, State, and Local Law The Appellant is requesting to include the following statement as an additional condition Attachment B – Page 4 of Appeal Statement): 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 the revocation of this permit.” Staff Response As indicated in Condition No. 3, the Conditional Use Permit may be re -reviewed by the Planning Commission if a complaint containing information and/or evidence to support a conclusion that a violation of the conditions or City Ordinances or regulations, which are intended to protect the health, safety, and welfare of the general public, has occurred. In addition, Section 17.02.050 (General Relationship to Other Regulations) states that any uses authorized by Title 17 (Zoning Regulations) must comply with all other applicable regulations and requirements imposed by the State and relevant Federal agencies, including application of the more restrictive provision if a conflict occurs between different provisions from different agencies. Re-review of any Use Permit may result in added, modified, and/or removed conditions of approval, or revocation of the Use Permit. It is noted that procedures detailed in Chapter 17.132 (Enforcement), specifically Section 17.132.020(B) (Time Limits for and Revocation of Use Permits, Variances, and Home Occupation Permits), allow the Use Permit approval to be revoked if the conditions of approval have been violated. Therefore, this appeal issue has been addressed through incorporation of Condition No. 3 and implementation of requirements and enforcement actions in Section 17.02.050 (General Relationship to Other Regulations) and Chapter 17.132 (Enforcement). Page 520 of 560 Item 6b Public Engagement The project has been noticed in compliance with the City’s notification requirements for Development Projects for each public hearing associated with the project. Newspaper legal advertisements were posted in the New Times ten (10) days prior to the Planning Commission and City Council hearings. Additionally, postcards were sent to both owners and occupants of properties, located within 300 feet of the project site, ten (10) days prior to each hearing. CONCURRENCE The project has been reviewed by the Planning Division, Engineering Division, Building Division, and Fire Department. Any conditions of approval from these departments and divisions have been incorporated into the Draft Resolution (Attachment A). 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 fratern ity 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. FISCAL IMPACT Budgeted: No Budget Year: 2024-25 Funding Identified: No Fiscal Analysis: Funding Sources Total Budget Available Current Funding Request Remaining Balance Annual Ongoing Cost General Fund $0 $0 $0 $0 State Federal Fees Other: Total $0 $0 $0 $0 Consideration by the City Council of an appeal of a decision made by the Planning Commission does not directly result in expenditure of funds and thus has no fiscal impact to the City. Staff resources committed to the review of appeals are included in the annual budget appropriation for the Community Development Department. Page 521 of 560 Item 6b ALTERNATIVES 1. Continue review of the appeal and the Conditional Use Permit. The City Council may continue the review of the appeal and the Conditional Use Permit with direction to staff if additional information or analysis is required to make a decision. 2. Uphold the appeal and deny the Conditional Use Permit. The City Council may uphold the appeal and deny the project with direction to staff for findings that cite the basis for denial and reference inconsistency with the General Plan, Zoning Regulations, or other policy documents. 3. Partially uphold the appeal and approve the Conditional Use Permit with revised findings and/or conditions. The City Council may partially uphold the appeal on one (1) or more appeal issues and approve the project with revised findings and/or conditions of approval. ATTACHMENTS A - Draft Resolution denying the appeal and upholding the Planning Commission’s decision to approve the Conditional Use Permit to establish a fraternity (USE-0331- 2023, APPL-0365-2024) B - Appeal Form and Statement (APPL-0365-2024) C - Project Description (USE-0331-2023) D - Project Plans (USE-0331-2023) Page 522 of 560 R _______ RESOLUTION NO. ______ (2024 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION’S DECISION TO APPROVE 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 COUNCIL AGENDA REPORT AND ATTACHMENTS DATED OCTOBER 15, 2024 (USE-0331- 2023, APPL-0365-2024) 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 conditionally approved the Conditional Use Permit, USE-0331-2023, after duly considering all evidence, including testimony of the applicant and general public and evaluation and recommendations by staff presented at said hearing; and WHEREAS, Residents for Quality Neighborhoods filed a timely appeal of the Planning Commission’s decision to approve the Conditional Use Permit, APPL -0365- 2024, on June 24, 2024; and WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, on October 15, 2024, for the purpose of considering the appeal of the Planning Commission’s decision to approve the Conditional Use Permit, APPL-0365-2024, and has duly considered all evidence, including the record of the Planning Commission hearing; testimony of the applicant, appellant, and general public; and evaluation and 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 City Council of the City of San Luis Obispo as follows: Page 523 of 560 Resolution No. _____ (2024 Series) Page 2 R _______ SECTION 1. Findings. The City Council hereby denies the appeal and grants final approval for the project (USE-0331-2023, APPL-0365-2024), 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. 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. Page 524 of 560 Resolution No. _____ (2024 Series) Page 3 R _______ 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. SECTION 3. Action. The City Council hereby denies the appeal and grants final approval to the project (USE-0331-2023, APPL-0365-2024) 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 Council Agenda Report dated October 15, 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 Council Agenda Report dated October 15, 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. Page 525 of 560 Resolution No. _____ (2024 Series) Page 4 R _______ 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 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 Page 526 of 560 Resolution No. _____ (2024 Series) Page 5 R _______ 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. 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 p .m. and 9:00 a.m., 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. Page 527 of 560 Resolution No. _____ (2024 Series) Page 6 R _______ 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 Council Member ______, seconded by Council Member ______, and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was passed and adopted this ______ day of ___________ 2024. Mayor Erica A. Stewart ATTEST: Teresa Purrington City Clerk APPROVED AS TO FORM: J. Christine Dietrick City Attorney Page 528 of 560 Resolution No. _____ (2024 Series) Page 7 R _______ IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California on ___________________. Teresa Purrington City Clerk Page 529 of 560 Page 530 of 560 JUN 2 42024 SLO CIW CLERK Filing Fee E npplicant: $ 1 ,862.77 EI ruon-"pplicant $ 745.35 For Office Use Received by:- APPEAL TO THE CITY COUNCIL SECT'OA/ 1. APPELLANT INFORMATION 30.sto q Name Mailing and Zip Code n, boord " CAIJL Ph one So-*An- Representative's N iling Address and Zip Code Title Phone Email SECTION 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 orTitle 17, Chapter 17.126 of the San Luis Obispo Municipal Code, I hereby appeal the decision of the: pl & nnr n 0.IE on Name , Committee or Commission decision being appealed) 2. The date the decision being appealed was rendered J l2 2oL4 3. The application or project was entitled' Rdr"^ Conalh;."lUte-?err"tI f xe-azet-rczl) Lo+k"le'+.r 4. I discussed the matter with the following City staff member: on Jo^. 2o 2a Staff Member's and (Date) 5. Has this matter been the subject of a previous appeal? lf so, when was it heard and by whom d., SECT'O/V 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 1 of 2 ATTACHMENT B Page 531 of 560 Reason for Appeal continued r"i,fh't\a {'"\ p- cls. Lu( tuL t &fe.", f ro t- aud tl^e+lv, cu+ et€ f*[.tt. SECT'Oru 4. APPELTANT'S RESPONS IBILITY 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 [i!!!glgg, 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 musi 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 and/or send a representative to appear on my behalf when said appeal is scheduled for a public hearing before the City Council' Date) Deliver to: City Clerk's Office 990 Palm Street San Luis Obispo, CA 93401 08122 update Page 2 ol 2 ATTACHMENT B Page 532 of 560 We support the conditional use permit (CUP), but we recognize the importance of the language of the conditions used to mitigate adverse impacts Lamda ChiAlpha may have on neighbors in the vicinity - and we want to get it right. Since the GUP 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 GUP'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 low-densityr residential neighborhood which is in very close proximity to the fraternity house(s). We, and others who provided written 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 permit. I. BACKGROUND There are {8 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 GUPs so there are still 11 fraternities without CUPs even though each oJ the fraternities has at least one fraternity house. The seven previous CUPs 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 CUP for 1264E, Foothillwith more restrictive conditions (See attached: Original CUP 1254 E. Foothill,2001-2021). We believe it is important for there to be consistency among the fraternity GUP's. The present CUP for 1264 E. Foothillwas prepared by Gity Staff based on the most recent GUPs for sororities in 2016 and 2021. 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-party venues, but mostly the sororities at Cal Poly attend fraternity parties at fraternity houses in San Luis Obispo neighborhoods. Cal Poly posted a report online, mandated by Assembly 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 Cal Poly's campus. We agree. ln fact, this is addressed in the Gity's General Plan: Land Use Element: Policy 2.6.5: Student and Campus Housing, Fraternities & Sororities: The Gity shallwork with Gal Poly to develop a proposal to locate fraternities and sororities on_campus for consideration by the GSU Board. lf locations on campus 1 ATTACHMENT B Page 533 of 560 cannot be provided, fraternities and sororities should be limited to medium-high and high-density residential areas near campus. (Adopted 2014) 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 Gal Poly's final Master Plan. Therefore, the burden of the adverse impacts of Gal Poly's fraternity houses falls onto the Gity and its neighborhoods. The high-density residential areas (R'{) 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 GUP 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 CUP for Lambda GhiAlpha in orange. The fraternity is a couple hundred feet from the R-l 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. I il(',.nrt tirtlj.rr llill lrt.(" I iLrdiy.n Ch3rt$ E. leach Eleftent.ry - i ,i w '.i' R..t lr. ffi I lca: LambdaChiAlpha, CUP approved6l12l2}24 nCn, Alpha Gamma Rho, 1 997; DG: Delta Chi, 1998; SN: Sigma Nu, 'l 992 & 200512008; PKF: Phi Kappa Psi, 2013; AEP: Alpha Epsilon Pi, 1 983 t\ OffMap: DU Delta Upsilon,2009 720 E. Foothill Blvd r 2 ATTACHMENT B Page 534 of 560 Itr. CONDITIONS OF THE CONDITIONAL USE PERMIT FOR 1264E. FOOTHILL BLVD After discussing two new conditions, 14 and 15, the Gommission 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 Gondition #14, which the Gommission said was based on specific requests from the public, was changed from the wording of the previous CUP (Resolution 5323-0{, Gondition #6} when staff re-drafted the language during that break. Several individuals provided written and/or oral comments, recommending that this CUP be consistent with the previous CUP 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 specialevent permit). However, Gondition #5 says that routine meetings and gatherings for the fraternity are limited to a maximum of 48 people without 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.t This appears to be a misrepresentation and to give a false impression to the fraternity andthe community 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 party, 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 GUP to imply that a special event permit could be issued to allow a fraternity event after 10 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 City. Additionally, it is also not reasonable for the CUP to imply that the fraternity 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. Attorney Markie Kersten said, "[M]y 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 qrants to not complv with our noise ordinance or other code requirements..." Community Development Deputy Director, Tyler Corey 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 miqht have times when noise I!.i ..." 3 ATTACHMENT B Page 535 of 560 The Gommission suggested that if the fraternity received four violations of the Gity's noise ordinance or property maintenance regulations within 12 months, the GUP would automatically be reviewed by the Planning Gommission. This was recommended in public corresBondence, and a similar condition (#10) was included in the previous CUP for this property. City Staff Tyler Corey said that condition is already covered in the GUP in Gondition #3. However, there is a distinct difference between Gondition #3 and the condition proposed by the Commission. Gondition #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 written complaint was filed regarding noise violations of a different fraternity's GUP. 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 GUP was filed in June 2024 included those additional five noise complaints. Without enforcement of the conditions, a CUP is meaningless. As the Gommission said during the hearing, the CUP needs to have teeth. The Commission also suggested violations should accumulate against the parcel (APN # O52- 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 GUP, 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 GUPs, 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 adverse 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 City 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 ATTACHMENT B Page 536 of 560 ii PLANNING COMMISSION RESOLUTION NO. 5323-01 A RESOLUTION OF.THE SAN LUIS OBISPO PLANNING COMMISSION APPROVING A USE PERMIT TO ALLOW A FRATERNITY AT PROPERry LOCATED ON FOOTHILL BOULEVARD BETWEEN CALIFORNIA AND CRANDALL WAY; 1264 AND 1264 % FOOTHILL (U 86-01) WHFREAS, 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 1O,2OA1, for the purpose of considering Application U 86-01, Use Permitto allowafraternity at1264 and 12641% Foothill Boulevard; and WHEREA$, notices of said public hearing were made at the time and in the manner required by law; and WHEREA$, the Planning Commission has duly considered all evidence, including the testimony of the applicant, interested parties, and the evaluation and recommendations by staff, presented at said hearing. NOW THEREFORE, BE lT RESOLVED by the Planning Commission of the City of San Luis Obispo as follows: Section 1. Findings. Based upon all the evidence, the Commission makes the following flndings: 1. The proposed use, as conditioned, will not be detrintental to the health, safety and welfare of persons living or working in the a(ea, because limits on hours for events and numbers of persons allowed on site will restrict activities and limit disturbances to neighbors. 2. The subject use is appropriate at the proposed location, and will be compatible with surrounding land use$ 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 Commissiqn 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 Facilitles, Section 15301 of the CEQA Guidelines). Section 2. Action. The Planning Commission approved Use Permit, U 86-01, subject to the following conditions: ATTACHMENT B Page 537 of 560 Resolution No. 5323-01 Page 2 i 3 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. 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 I 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. Annual training of all members in community relations. A prograrh 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. B, 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 ATTACHMENT B Page 538 of 560 F 'Resolution No. 5323-01 Page 3 AYES: NOES: REFRAIN: ABSENT: Commrs. Caruso, Cooper, Aiken and Boswell Commrs. Peterson and Osborne None Commr. Loh i'; J t significant and may have an adverse impact on the'neighborhood, then it will be referred to the Planning Commission for consideration. g. 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 pernJit, 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.I'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 properly 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 compty 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 callvote: The foregoing resolution was passed and adopted this 1Oth day of October,2Q01. Ron Whisen Planning Com ssion Secretary ATTACHMENT B Page 539 of 560 RESOLUTTON NO. PC-l085-24 A RESOLUTION OF THE CITY OF SAN LUIS OBISPO PLANNING COMMISSION APPROVING A CONDITIONAL USE PERMIT TO ESTABLISH A FRATERNITY AT 1264 AND 1264 % EAST FOOTHILL BOULEVARD AND 1241,1243,1249, AND 1251 MONTE VISTA PLAGE. THE PROJECT TNCLUDES A REQUEST TO PROVTDE TWO (2) PARKING SPACES IN TANDEM ON AN EXISTING DRIVEWAY ALONG EAST FOOTHILL BOULEVARD. THE PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW UNDER SECTTON 15301 (EX|ST|NG FAC|L|T|ES) OF THE CALTFORNTA ENVTRONMENTI\L QUALTTY ACT cEaA) GUTDELTNES AS REPRESENTED tN THE STAFF REPORT AND ATTAC H M ENTS DATED J U N E 12, 2024 (USE-033 1 -2A231 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-0331-2023), 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. 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. ATTACHMENT B Page 540 of 560 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 Cbl Poly campus, and (c) utilize an existing developed property with minor site improvements (i.e., parking and landscapin g im provements). 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 vehicld (e.9., fire and medical) access; (c) Public protection services (e.9,, fire protection, police protection, etc.); and (d) the provision of utilities (e.9., 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 aniJ the character of the neighborhood. 6. As conditioned, the establishment and subsequent operation or conduct of the project will not, because of the circumstances aryd 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 foolage. Therefore, the project involves no expansion of the former residential use. ATTACHMENT B Page 541 of 560 Resolution No. PC-1085-24 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 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 12,2424. 2. The Conditional Use Permit shall be reviewed by the Community Development Director for compliance with the conditions of approval, or to deter.mine 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, 2424, 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.9., calls for service) applicable to the fraternity use has occurred. At the time of the Conditional Use Permit review, to ensure ongoing compatibilitywith 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 Univdrsity, San Luis Obispo, lf the fraternity becomes unaffiliated or is no longer in good standing, the Conditional Use Permit shall be revoked. ATTACHMENT B Page 542 of 560 Resolution No. PC-1 085-24 usE-0331-2023 1264 and 1264 %East Foothill; 1241, 1243, 1249, and 1251 Monte Viqta Page 4 7. For the life of the organizaticin, the fraternity shall provide the name and contact information (i.e., phone number and email address) of all responsible parties to the Community Development Departrnent 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 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.9., 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 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. l0.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 longterm bicycle parking shall be provided in an interior space, and required shortterm 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 Tz 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. ATTACHMENT B Page 543 of 560 Resolution No. PC-1 085-24 usE-0331-2023 1264 and 1264 yzEast 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 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 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 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 storagelshop. 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: ATTACHMENT B Page 544 of 560 a Resolution No. PC-1085-24 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 2024. ATTACHMENT B Page 545 of 560 Page 546 of 560 Lambda Chi Alpha - Phi Sigma Zeta 1264 East Foothill Blvd. San Luis Obispo, CA 93405 1 (925) 785-5278 Conditional Use Permit 1st June 2024 General Property Information Zoning: R-4 Total Square Footage: 4,100 sqft (4 Units) Attached are CAD drawings for the property with all the relevant measurements. Please note that the drawings are times 2 given that the duplexes are mirrors of each other. Parking Spaces: 19 total (6 front, 7 back, 6 garage) ATTACHMENT C Page 547 of 560 Description of Use The PSZ House Corporation acquired 1264 East Foothill Blvd. in March of 2022. PSZ House Corporation is a non-profit, tax-exempt corporation, recognized by the IRS as a 501(c)(3) charitable foundation. Its mission is to provide safe, clean, affordable student housing near the Cal Poly campus. They have owned student housing properties in the City of San Luis Obispo since 1980, the most recent at 1292 East Foothill Blvd. and just two parcels up from 1264 East Foothill Blvd. Lambda Chi Alpha – Phi Sigma Zeta resided at that property with a Conditional Use Permit with the City from 1998 to 2021 prior to the property being sold. Since the acquisition of 1264 East Foothill in March of 2022, PSZ House Corporation has renovated all four structures on the property, encompassing many areas, including but not limited to electrical upgrades, new roofing, plumbing enhancements, structural reinforcement, and new flooring throughout. Furthermore, the property has undergone extensive remodeling of six full kitchens and six full bathrooms and further upgrades to all appliances in each dwelling. After completing these renovations, the property’s resident capacity is 24 tenants comfortably spread across 12 bedrooms on the over half-acre parcel. These renovations were conducted to bring the property up to code and provide all residents with safe, suitable, and comfortable living conditions. 1264 East Foothill is also ideal from a parking perspective with 18 spaces total, nine outside spaces at the front of the property, four outside spaces in the back, and five garage spaces spread throughout the property. Given the well-known parking challenges for student housing projects along East Foothill Blvd., granting Lambda Chi Alpha a Conditional Use Permit will not further burden the neighborhood. In regards to noise, the structures of this property are far taller than our last property which will help tremendously with keeping noise down and not unnecessarily disturbing the neighborhood. Until March of 2022, the 1264 East Foothill property was owned by a Private Family Trust and was leased to Cal Poly’s Alpha Omicron Pi sorority for decades. During this time Alpha Omicron Pi held a Conditional Use Permit to operate as a fraternal organization with the City of San Luis Obispo. This property is surrounded by student and Greek-life housing with the Alpha Phi sorority next door. This specific area, steps from the Cal Poly campus, provides an ideal location for student housing with many Greek organizations that have Conditional Use Permits with the City. There is a sense of community for the students, promoting both community involvement and academic success. Since the expiration of our last Conditional Use Permit at 1292 East Foothill, the members of Lambda Chi Alpha have resided in 12-14 satellite properties in the neighborhood around Cal Poly’s campus. A Conditional Use Permit for Lambda Chi Alpha at 1264 East Foothill helps to ATTACHMENT C Page 548 of 560 concentrate fraternity activities in one primary location with living and outdoor spaces, unlike the typical single-family home rental properties. In summary, we propose the dedication of 1264 East Foothill Blvd. as a registered and permitted fraternity house that will provide a centralized, safe, and affordable base of operations for Lambda Chi Alpha and its members. With our chapter’s financial strength coupled with the financial standing of PSZ House Corporation, we are more than confident in our ability to enhance not only the property’s value but also the positive impact of the Chapter on the surrounding community. Description of Property While the Conditional Use Permit will be filed under the address 1264 East Foothill Blvd, there are in fact 4 different structures on the property with different addresses. All of them will be housing members of Lambda Chi Alpha - Phi Sigma Zeta. The structures consist of two duplexes, a single-bedroom side unit, and a three-bedroom unit at the front of the property. The addresses associated with the other structures are as follows: 1251 Monte Vista Pl., 1249 Monte Vista Pl., 1241 Monte Vista Pl., and 1243 Monte Vista Pl. Each duplex consists of three upstairs bedrooms (two singles and a double) and one downstairs double. The side unit will have one bedroom housing two residents and the front unit will have two singles and one double. This brings the total living space to 18 residents spread across 12 bedrooms on the property. Tentative Social Calendar October 15, 2024: Fall Rush House Tour Afternoon/evening 100 people Indoors/Outdoors December 3, 2024: Fall Quarter Philanthropy Afternoon/evening 100 attendees Outdoor January 18, 2025: Winter Rush House Tour Afternoon/evening 100 attendees Indoors/Outdoors Point of Contact ATTACHMENT C Page 549 of 560 Thomas Symer slolca.alpha@gmail.com ATTACHMENT C Page 550 of 560 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. Resolution No. PC-1085-24 USE-0331-2023 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 USE-0331-2023 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. Resolution No. PC-1085-24 USE-0331-2023 1264 and 1264 ½ East Foothill; 1241, 1243, 1249, and 1251 Monte 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. 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 USE-0331-2023 1264 and 1264 ½ 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 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 RESOLUTION NO. PC-1092-24 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN LUIS OBISPO APPROVING MODIFICATIONS TO AN EXISTING CONDITIONAL USE PERMIT TO ALLOW THE CONTINUATION OF THE FRATERNITY AT 280 CALIFORNIA 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 NOVEMBER 13, 2024 (USE- 0625-2024) WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, on August 2, 1983, to review an appeal of the Planning Commission’s approval of a Use Permit to allow a fraternity at 280 California Boulevard, pursuant to a proceeding instituted under U1099; Alpha Epsilon Pi, applicant; and WHEREAS, the City Council of the City of San Luis Obispo denied the appeal and upheld the Planning Commission’s approval of the Use Permit, U1099, on August 2, 1983, after duly considering all evidence, including testimony of the applicant and general public and evaluation, and recommendations by staff presented at said hearing; and WHEREAS, the City received complaints and issued citations for multiple, verified noise violations in 2023 and 2024; and 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 November 13, 2024, for a re-review of the existing Conditional Use Permit to allow the continuation of the fraternity at 280 California Boulevard, pursuant to a proceeding instituted under USE- 0625-2024; Alpha Epsilon Pi, applicant; and WHEREAS, the Planning Commission of the City of San Luis Obispo approved modifications to the Conditional Use Permit, USE-0625-2024, after duly considering all evidence, including the documented noise violations, testimony of the applicant and general public, and evaluation and 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: Resolution No. PC-1092-24 Page 2 280 California Blvd., USE-0625-2024 SECTION 1. Findings. The Planning Commission hereby approves modifications to the Conditional Use Permit to allow the continuation of the fraternity (USE-0625-2024), based on the following revised 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 19 residents complies with the group housing maximum occupancy limits and (b) the revised parking configuration would provide 19 required spaces for 19 residents and comply with the City’s Parking and Driveway Standards to improve the property. 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., within 0.3-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. Resolution No. PC-1092-24 Page 3 280 California Blvd., USE-0625-2024 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 continued operation and permitting of an existing residential use (i.e., fraternity) with revised findings and conditions of approval. The project does not include construction of a new building or additional building square footage. Therefore, the project involves no expansion of the existing residential use. SECTION 3. Action. The Planning Commission hereby approves modifications to the Conditional Use Permit to allow the continuation of the fraternity (USE-0625-2024), based on the following revised conditions: Planning Division – Community Development Department 1. 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 November 13, 2024, or in the event of a change in ownership which may result in deviation from the project description or approved plans. 2. The Conditional Use Permit shall be reviewed by the Planning Commission as soon as practical if: 1) conduct on the permitted premises results in three (3) citations within any 12-month period for a violation of law or permit condition, 2) that citation is not contested or is upheld on appeal, and 3) the conduct for which the citation was issued resulted in adverse impacts to, or complaints from, residents or occupants of the surrounding neighborhood. 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. The City shall notify Cal Poly if the Use Permit is revoked. A re-review by the Planning Commission shall be accompanied by the appropriate fee. 3. The fraternity shall be limited to a maximum of 19 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. Resolution No. PC-1092-24 Page 4 280 California Blvd., USE-0625-2024 4. Routine meetings and gatherings for the fraternity shall be limited to a maximum of 25 people (rounded up from 24.75 = 16.5 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 25 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. No exception from the Noise Ordinance shall be approved by the Director as part of the special event. 5. 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. 6. 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. 7. For the life of the organization, the property shall be maintained in a clean and orderly manner. All landscaping shall be replaced as necessary and maintained e.g., trimmed, pruned, etc.) to the satisfaction of the Community Development Director. 8. A minimum of 19 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. 9. 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 p.m. and 9:00 a.m. 10. Prior to a special event approved by the Community Development Director pursuant to Condition No. 4, 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. No exception from the Noise Ordinance shall be approved by the Director as part of the special event. 11. Live entertainment, bands, and/or amplified sounds are prohibited, unless otherwise approved through a special event by the Community Development Department. No exception from the Noise Ordinance shall be approved by the Resolution No. PC-1092-24 Page 5 280 California Blvd., USE-0625-2024 Director as part of the special event. 12. 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 the revocation of this permit. 13. Within 60 days of the re-review hearing with the Planning Commission on November 13, 2024, the fraternity shall install a minimum of 19 bicycle spaces one space for each resident) and contact the City for a follow-up inspection to verify that all required bicycle spaces have been installed. Indemnification 14. 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 Juan Munoz-Morris, seconded by Commissioner Bob Jorgensen, and on the following roll call vote: AYES: Commissioners Bob Jorgensen, Steve Kahn, and Juan Munoz- Morris, and Chair Justin Cooley NOES: Commissioner Eric Tolle and Vice Chair Dave Houghton RECUSED: None ABSENT: Commissioner Sheryl Flores The foregoing resolution was passed and adopted this 13th day of November 2024. Tyler Corey, Secretary Planning Commission R 11529 RESOLUTION NO. 11529 (2024 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION’S DECISION TO APPROVE 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 COUNCIL AGENDA REPORT AND ATTACHMENTS DATED OCTOBER 15, 2024 (USE-0331-2023, APPL-0365-2024) 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 conditionally approved the Conditional Use Permit, USE-0331-2023, after duly considering all evidence, including testimony of the applicant and general public and evaluation and recommendations by staff presented at said hearing; and WHEREAS, Residents for Quality Neighborhoods filed a timely appeal of the Planning Commission’s decision to approve the Conditional Use Permit, APPL-0365- 2024, on June 24, 2024; and WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, on October 15, 2024, for the purpose of considering the appeal of the Planning Commission’s decision to approve the Conditional Use Permit, APPL-0365-2024, and has duly considered all evidence, including the record of the Planning Commission hearing; testimony of the applicant, appellant, and general public; and evaluation and 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. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: Docusign Envelope ID: 4911A4F3-97E7-4A4C-B783-FED01F8C450B Resolution No. 11529 (2024 Series) Page 2 R 11529 SECTION 1. Findings. The City Council hereby denies the appeal and grants final approval for the project (USE-0331-2023, APPL-0365-2024), 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. 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. Docusign Envelope ID: 4911A4F3-97E7-4A4C-B783-FED01F8C450B Resolution No. 11529 (2024 Series) Page 3 R 11529 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. SECTION 3. Action. The City Council hereby denies the appeal and grants final approval to the project (USE-0331-2023, APPL-0365-2024) 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 Council Agenda Report dated October 15, 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 Council Agenda Report dated October 15, 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 as soon as practical if: 1) conduct on the permitted premises results in three (3) citations within any 12-month period for a violation of law or permit condition, 2) that citation is not contested or is upheld on appeal, and 3) the conduct for which the citation was issued resulted in adverse impacts to, or complaints from, residents or occupants of the surrounding neighborhood. 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. The City shall notify Cal Poly if the Use Permit is revoked. A re-review by the Planning Commission shall be accompanied by the appropriate fee. Docusign Envelope ID: 4911A4F3-97E7-4A4C-B783-FED01F8C450B Resolution No. 11529 (2024 Series) Page 4 R 11529 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. No exception from the Noise Ordinance shall be approved by the Director as Part of the special event. 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 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 Docusign Envelope ID: 4911A4F3-97E7-4A4C-B783-FED01F8C450B Resolution No. 11529 (2024 Series) Page 5 R 11529 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. 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 p.m. and 9:00 a.m. 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. No exception from the Noise Ordinance shall be approved by the Director as part of 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. No exception from the Noise Ordinance shall be approved by the Director as part of the special event. 17. 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 the revocation of this permit. Docusign Envelope ID: 4911A4F3-97E7-4A4C-B783-FED01F8C450B Resolution No. 11529 (2024 Series) Page 6 R 11529 Engineering Division – Community Development / Public Works Departments 18. 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. 19. 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. Docusign Envelope ID: 4911A4F3-97E7-4A4C-B783-FED01F8C450B Resolution No. 11529 (2024 Series) Page 7 R 11529 Indemnification 20. 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 Council Member Shoresman, seconded by Council Member Marx, and on the following roll call vote: AYES: Council Member Francis, Max, Shoresman, Vice Mayor Pease, and Mayor Stewart NOES: None ABSENT: None The foregoing resolution was passed and adopted this 15th day of October 2024. Mayor Erica A. Stewart ATTEST: Teresa Purrington City Clerk APPROVED AS TO FORM: J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California on ___________________. Teresa Purrington, City Clerk Docusign Envelope ID: 4911A4F3-97E7-4A4C-B783-FED01F8C450B 10/18/2024 | 10:40 AM PDT