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HomeMy WebLinkAbout01/07/1992, 4 - U 1515: APPEAL OF PLANNING COMMISSION'S (PC'S) ACTION ALLOWING CONTINUATION OF FRATERNITY USE, BUT DENYING REQUESTED AMENDMENTS TO THE USE PERMIT, ON THE NORTH SIDE OF FOOTHILL BOULEVARD, BETWEEN FERRINI ROAD AND NORTH CHORRO STREET.city of San " Is OBispo COUNCIL AGENDA REPORT FROM: Arnold Jonas, Community Developme BY: Judith Lautner, Associate Planner 0 MEETING DATE: / -� -9 Lo ITEM NUMBER: SUBJECT: U 1515: Appeal of Planning Commission's (PC's) action allowing continuation of fraternity use, but denying requested amendments to the use permit, on the north side of Foothill Boulevard, between Ferrini Road and North Chorro Street. CAO RECOMMENDATION Adopt a resolution denying the appeal, thereby upholding the PC's action. Report -in -brief The Planning Commission approved a use permit allowing Delta Upsilon Fraternity to operate a fraternity house. at the site on April 10, 1991. One of the conditions of the use permit was that the use permit shall be reviewed in six months. At the review hearing, on November 13, 1991, the applicants requested two amendments to the conditions, to allow low- volume amplified music, such as portable radios, outdoors at the site, and to allow four rush events to take place at the site each year. The Planning Commission allowed continuation of the use, and interpreted the conditions as allowing low - volume amplified music, but did not allow the requested four rush events. The Commission also amended condition number 8, allowing future review of this use permit to be by the Administrative Hearing Officer instead of the Planning Commission. The Commission's denial of the request for rush events was based on the high residential density and existing parking problems in the neighborhood, and potential noise problems (see draft minutes, attached). The applicants have appealed the Commission's action, because they have developed a parking plan which they feel will address concerns about having the rush events at the site (see attached letter of appeal). At the November meeting, the Planning Commission discussed the purpose of review hearings. The Commission concluded that the review hearings are intended to determine if conditions are being met, and not to consider amendments requested by the applicants. They feel the appropriate forum for reviewing amendment requests is at a hearing specifically for that purpose. Based on this determination, the Commission voted to have future reviews held at a lower level - the Administrative Hearing - with a provision that if significant issues arise at that hearing, the review will be referred to the Planning Commission (see revised condition in attached resolution of approval) . The feel this approach to review hearings has the advantages of limiting last- minute application changes and inadequate notice to neighbors. 4 -1 �������ni►►�illlllllli° ��Ulll city of San F s OBISpo COUNCIL AGENDA REPORT Page 2 OTHER DEPARTMENT COMMENTS Other departments have no opinion on this request. FISCAL IMPACTS Either an approval or a denial of the appeal would have no fiscal impact on the city. ALTERNATIVES In addition to the recommended action, the Council may (a) choose to approve the request to allow up to four rush events at the site each year; or (b) continue the hearing with direction to staff and the applicant. Attached: -PC report for November 13, 1991 (including attachments) Draft resolutions Letter requesting amendments to use permit PC resolution of approval Applicant's letter of appeal PC draft November 13, 1991 minutes RESOLUTION NO. (1991 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL OF THE PLANNING COMMISSION'S ACTION, APPROVING CONTINUATION OF FRATERNITY USE BUT DENYING RUSH ACTIVITIES AT 720 AND 726 FOOTHILL BOULEVARD (U1515) BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this council, after consideration of public testimony, the applicant's request for amendments to an approved use permit (U 1515), the Planning Commission's action, staff recommendations and reports thereon, makes the following findings: 1. The site is in a high- density neighborhood that has existing parking and noise problems. 2. The allowance of rush events at the site will adversely affect the health, safety, or welfare of adjacent neighbors. SECTION 2. Appeal denied. The appeal of the Planning Commission's action is hereby denied, and therefore rush events are not allowed at the site, and the use permit is approved subject to all findings and conditions noted in Planning Commission Resolution no. 5075 -91. On motion of seconded by and on the following roll call vote: AYES: NOES: ABSENT: �•3 Resolution No. (1991 Series) U1515: 720 and 726 Foothill Blvd. the foregoing resolution was passed and adopted this day of , 1991. Mayor, Ron Dunin ATTEST: City Clerk Pam Voges APPROVED: 4�y'-!�20 4 zS' ity Administrative Off'cer 1 11-ki RESOLUTION NO. (1991 Series) A RESOLUTION.OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN APPEAL OF THE PLANNING COMMISSION'S ACTION, THEREBY ALLOWING FOUR RUSH EVENTS TO TAKE PLACE AT 720 AND 726 FOOTHILL BOULEVARD EACH YEAR. (U1515) BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this council, after consideration of public testimony, the applicant's appeal of action on a use permit hearing for a fraternity (U 1515), the Planning Commission's action, staff recommendations and reports thereon, makes the following findings: 1. The proposed amendment to the approved use permit will not have adverse impacts on the health, safety, or welfare of adjacent neighbors. 2. The use is exempt from environmental review (Class 3, Section 15303 - conversion of existing small structures from one use to another). SECTION 2. The appeal is hereby approved and the use permit no. U1515 is amended subject to the following condition: 1. The approved Use Permit No. 1515 is valid subject to all the original conditions contained in Planning Commission Resolution No. 5054 -91 (attached), with the following modifications to condition #3 and condition #8: 3. The permit is for residential use, except as follows: Fraternity activities conducted at 720 and 726 Foothill Boulevard shall be limited to meetings of the executive council and any other meetings and gatherings involving a total of 15 or fewer fraternity members and guests, except that a total of no more than four fraternal events on the site shall be allowed per year. These fraternal events shall involve no more than 35 persons at a time, and shall be subject to approval by the Community Development Director at the beginning of each semester. 0 Resolution No. (1991 Series) U1515: 720 and 726 Foothill Blvd. The use of amplified sound equipment shall not be allowed, except for portable radios and similar equipment, operated in accordance with the noise regulations. S. The use permit shall be reviewed in one year (November 1992) by the Hearing Officer, for conformance to conditions of approval. In the event that conformance is determined to be unacceptable, the matter shall be referred to the Planning Commission for appropriate action. The Planning Commission may add, delete, or modify conditions of approval or may revoke the use permit. On motion of seconded by call vote: AYES: NOES: ABSENT: 7 , and on the following roll the foregoing resolution was passed and adopted this day of Mayor ATTEST: City Clerk 1991. 4 -co Resolution No. (1991 Series) U1515: 720 and 726 Foothill Blvd. APPROVED: ci y inis rati Office q�'"7 MEETING DATE: ���►�►ii�uillllllllP °iiilllj city of san l s os PLANNING COMMISSION STAFF REPORT 11-13-91 TEM 6ER By: FILE If Judith Lautner, Associate Planner. U1515 SUBJECT: Review of approved use permit allowing a fraternity on Foothill Boulevard, between Ferrini Road and North Chorro Street. SUMMARY RECOMMENDATION Approve continuation of the use permit, with elimination of one of the original conditions. BACKGROUND situation The Planning Commission approved a use permit allowing Delta Upsilon Fraternity to establish a fraternity house at the site, on April 10, 1991. One of the conditions of that use permit is that the use permit shall be reviewed' in about six months. This is that review hearing. Data summary Address: 720 and 726 Foothill Blvd. Applicants: Delta Upsilon Fraternity Representative: Kurt Tabor Property owner: Alpha Upsilon Alumni Corporation Zoning: R -4 General plan: High- density residential Environmental status: Categorically exempt: class 3, section 15303: conversion of existing small structures from one use to another, where only minor modifications are made in the exterior of the structure. Project action deadline: None. Use permit already approved. Site description The site is a large (11,375 square feet) L- shaped lot, containing two one -story apartment buildings and a parking lot containing twelve parking spaces. The buildings are set back about 17' from the front property line. The site is essentially surrounded by apartments on three sides, and is across the street from the Foothill Plaza shopping center. Project description The review hearing is to determine if conditions are being met, and if any problems have arisen as a result of the use established at the site. At the time this report was being written, the fraternity had not requested any changes to the conditions. q-8 U 1515: 720 and 726 Foothill Blvd. Page 2 EVALUATION 1. Compliance with limitations of permit. The approved use permit set limits on the activities allowed on the site. The site is approved for residential use only, plus any small group activities involving fifteen or fewer persons. Further, the fraternity is required to develop and maintain a neighbor relations program, similar to other recently- approved fraternal groups. To staff's knowledge, no large meetings or activities have taken place at the site since the use permit approval. The Police Department has investigated a few minor noise complaints, but no arrests have been made or citations issued. Community Development Department staff have not received any complaints from neighbors, as of the date of this report. It appears that the conditions governing activities at the site have been met. 2. Parking. The fraternity is required to provide nine parking spaces. Twelve are provided. Two of the twelve have been offered for use by a recently - proposed daycare center two lots to the east of the site (not yet acted upon). Staff sees no need to modify the parking requirement at this time. 3. Neighborhood compatibility. The previous use permit application (1989) was denied, based on finding the use incompatible with the neighborhood. This determination was based in part on testimony from several neighbors, concerning the behavior of fraternity members and their guests, and members' unresponsiveness to complaints. Commissioners and councilmembers were also concerned about the lack of maintenance and clean -up of the buildings and yards. The potential for conflicts between the fraternity and the many close neighbors appeared high. Fraternities (and sororities) are allowed, with approval of a Planning Commission use permit, in R -3 and R -4 zones only. The site is in an R -4 zone. Density, parking, and traffic problems are greater in these two zones than in other residential zones. By the nature of the zone, then, the potential for a fraternity to affect its neighbors is high. The site has been cleaned up and improved since that first application. In accordance with use permit conditions, a neighbor relations program has been instituted. A copy of that program is attached to this report. The use seems to be compatible with the neighborhood, as long as restrictions are placed upon it, limiting activities there. Staff supports the use permit as currently conditioned. 4 -9 U 1515: 720 and 726 Foothill Blvd. Page 3 OTHER DEPARTMENT COMMENTS No other department had concerns with the request. RECOMMENDATION Approve continuation of the use permit, with elimination of condition no. 8, requiring review in six months. Attachments: Vicinity map Floor plans Neighbor relations program Resolution no. 5054 -91, approving use permit 4 -IO w ' L i p o R -4 Rti% / Jts • ^, p o ®• e� 4 c� '+ do If Ic r, t, da• O ' € y ��.' `J' •• . /•'1 r�� • O r� : • to O v �l 4 •., J' O t e a .r•ww re t o x 0 p L + O _ twl c 025>cf ♦' YtI1.•. PF cr w O•y17r t .:� � a �z: ws'o �•9t M-fJ I � � .• t p• onna �fs•�.�( i n �•tY I "_ a I n win �9e ••,�� " "= FOOTHILL -$Lvb (,OfI TrT rra•ti• tf•.rw „r r•i •.. �yV I s Yf °•wY wtwl ••.•Y ?1i. yrie• r.Y r �Y• F-1 +.r•w A3YfYV CID . '.:C. .... JJ VICINITY MAP V 15 165 NORTH v— A � 2.0 and `l ZCp �oc�- h � l 1 �I � . 4 -11 lu TT � Li lu ILI) 4-JA 0 ID TT � Li lu ILI) 4-JA a DU Colony %V,r_i , MAYO 9199-. 'Nat San o,s OCisr Cal Poly Colony of Delta Upsilon California Polytechnic State University 720 Foothill Boulevard, San Luis Obispo, CA 93401 0@HS Up @loon X@M@a &nc7mM To: Community Development Department From: L_ Kirk Taber Delta Upsilon President Date: Copies Re: The Delta Upsilon Neighbor Relations Program May 2, 1191 Al Bonin Mary Noble Jim Gardiner Walt Lambert Chuck Templeton Mr. Gillespie Judy Lautner all neighbors Enclosed is a description of Delta Upsilon's newly developed program for maintaining good neighbor relations. Although the provisions of our Use Permit mandated such a program, we have attempted to design a program for which no definite specifics were given. Naturally, we feel that our program will be proactive in dealing with prospective problems; we feel that it is thorough, and also workable. We also realize that the program will continue to evolve as new ideas that go along with the intent of the program arise. The intentions that the Planning Commission had when they handed down the provisions are the same as our own. We want to peacefully coexist with our neighbors, but eventually we would like to make friends with our neighbors, as well. With this in mind, we are proposing to go beyond the provisions of the permit with some ideas of our own. I encourage you to read and consider the enclosures. With such a new program, we would appreciate any feedback that you may have. If you have any questions, comments, or concerns, I would appreciate the opportunity to discuss them with you at your earliest convenience. I can be reached at my personal number, 546 -0770, or at the House phone, 544 -9842. ENCLOSURES q-13 NEIGHBORHOOD RELATIONS This is a comprehensive program which will be updated quarterly and which will be presented to all pledges and actives once each quarter. The hopes of this plan is to educate the members and to teach cooperation amongst the fraternities and our neighbors. Dear Brothers, As you all know Delta Upsilon is under strict supervision from the city on our uses of our house. There are certain things that we all must know about the house and the uses of it. 1. The house in noway can adversely affect the health, safety, or welfare of persons living or working at the site or in the vicinity. 2. The site is limited to 8 residents. 3. We can not have any functions at 720 and 726 except for executive meetings, and or any other meetings or gatherings of a total of 15 people or fewer. 4. The use of amplified sound equipment shall not be allowed. 5. No events shall be held on site, (for example, rush events or little sisters.) 6. No meetings or other gatherings are allowed between IOpm and 9 am. 7. We must submit the names and telephone numbers of responsible persons to the Community Development Department and to apartment property managers and neighbors within two blocks in all directions of the fraternity. Responsible persons shall be available during all events and at reasonable hours otherwise to receive and handle complaints. 8. In order to keep neighbor relations in good working order, we have created the new office of Neighbor Relations Chair. It is the responsibility of this individual 4-/4 to work with the President and to continually monitor the fraternities progress in maintaining positive relations with city officials and neighbors. It is also the Neighbor Relations Chairs duty to set the agenda for the quarterly training sessions and to inform neighbors and city officials of upcoming events at the house or elsewhere. It will also be the Neighbor Relations Chairs job to work with the Philanthropy Chair in planning neighborhood, "good neighbor days ". These good neighbor days, during which we will help our neighbors with small projects with which they may need help, are not mentioned the permit provisions, but we feel they will improve our rapport with our neighbors. Furthermore, it is an opportunity for us to demonstrate a positive impact on the surrounding community. Looking now at the three provisions separately, we the fraternity will do the following. A.) Our quarterly training sessions, as mentioned before, will be under the direction of the President and the Neighbor Relations Chair. Currently the Fraternity holds its general meetings at 8:00 pm in the Ag. Science Bldg, room 220. The meetings will address the following topics but are not limited to: 1) A review of all of the provisions of the Use Permit. 2) A scheduling of a "good neighbor day" or any other event intended to produce positive results in our neighborhood. 3) A review of house penalties for individuals that jeopardize our relations with the house and the nieghbors. B.) We will present the entire quarters schedule of events of the fraternity to the community development department and neighbors upon request. This will be updated throughout the quarter and will be including any changes or added events and their locations. Furthermore, either the president or the neighbor relations chair will be called upon to give a report at each meeting. 4-/S C.) The current list of responsible people available for comments and complaints are: 1. David Jones 2. Tony Laliotis I Chuck Templeton 4. Tom Pinkston 5. Glenda Perrozzi 6. Gary Gilkison President Treasurer Aumni Corp. President Local Advisor Property Manager 545 -7947 545 -7947 (408)- 426 -8191 541 -1696 544 -9652 Public Relations Chair 545 -8550 Neighbor Relations Chair The house number is 544 -9842, you can always reach a fraternity member at the house at any time if needed. Please, feel free to call me at any time if there are any questions. Sincerly, David Jones Delta Upsilon Fraternity President 4-/(0 U A Z -ril. 1: J, C US Lj; IS Z7 --I !7A! I-. 4 --/7 L 7 U A Z -ril. 1: J, C US Lj; IS Z7 --I !7A! I-. 4 --/7 77 kJ . . Q- e. r. U S r T ;-i ji C I 1-j. �-IB A r; 77 kJ . . Q- e. r. U S r T ;-i ji C I 1-j. �-IB -77, r., I Q;.4 q.19 SAN LUIS OBISPO PLANNING COMMISSION RESOLUTION NO. 5054-91 WHEREAS, the Planning Commission of the City of San Luis Obispo did conduct a public hearing in the City Council Chamber of the San Luis Obispo City Hall, San Luis Obispo, California, on April 10, 1991, pursuant to a proceeding instituted under application No. U1515 by the Delta Upsilon Fraternity, applicant. USE PERMIT REQUESTED: To allow a fraternity house. PROPERTY DESCRIPTION: On file in the office of Community Development, City Hall. GENERAL LOCATION: 720 and 726 Foothill Boulevard. GENERAL PLAN LAND USE ELEMENT: High- density Residential. PRESENT ZONING: R-4. WHEREAS, said commission as a result of its inspections, investigations, and studies made by itself, and in behalf and of testimonies offered at said hearing, has established existence of the following circumstances: 1. The proposed use will not adversely affect the health, safety or welfare of persons living or working at the site or in the vicinity. 2. The proposed use is appropriate at the proposed location and will be compatible with surrounding land uses. 3. The proposed use is exempt from environmental review (Class 3, Section 15303 - conversion of existing small structures from one use to another). NOW, THEREFORE, BE IT RESOLVED that application No. U1515 be approved subject to the following conditions: / -(�;c Resolution No. 5054 -91 Use Permit U 1515 Page 2 1. Occupancy of the site is limited to 8 residents. 2. A minimum of 9 parking spaces shall be provided on -site. 3. The permit is for residential use only. Fraternity activities conducted at 720 and 726 Foothill Boulevard shall be limited to meetings of the executive council and any other meetings and gatherings involving at total of 15 or fewer fraternity members and guests. The use of amplified sound equipment shall not be allowed. No hosted fraternal events on the site shall be allowed (for example, rush events, little sisters). 4. If a reasonable complaint, as defused by the Community Development Director, is received in writing by the Community Development Department, a) The complaint shall be forwarded to the Interfraternity Council and the Planning Commission within one week of receipt for review and comment. The names of the people filing the complaint shall not be included without their consent. Copies of all correspondence will be sent to the Dean of Students and the fraternity. b) The complaint, and the comments from the Interfraternity Council if received, shall be forwarded by the Planning Division to the Planning Commission for consideration at the commission's next available meeting. 5. No meetings or other gatherings involving persons other than fraternity members living on this site are allowed between the hours of 10 p.m. and 9 a.m. 6. A fraternity identification sign may be installed on the building in accordance with the city's sign regulations. 7. The applicant shall institute and maintain a neighborhood relations program. This plan shall include at least the following elements: a) Quarterly training of all members in community relations. Dates of these training sessions shall be submitted to the Community Development Director. b) A program to inform neighbors in a timely manner of upcoming events at the fraternity or elsewhere. v_A] Resolution No. 5054 -91 Use Permit U 1515 Page 3 c) Submission of names and telephone numbers of responsible persons to the Community Development Department and to apartment property managers and neighbors within two blocks in all directions of the fraternity. 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 within thirty days of Planning Commission approval of this application. Failure to implement said plan will be grounds for revocation of this permit. 8. The use permit shall be reviewed by the Planning Commission in six months (approximately October 9, 1991). At the review hearing, the commission may add, delete, or modify conditions of approval or may revoke the use permit. 9. Failure_ to comply with any of the above conditions or code requirements, or the conduct of the use 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. The foregoing resolution was adopted by the Planning Commission of the City of San Luis Obispo upon the motion of Commr. Karleskint, seconded by Commr. Kourakis, and upon the following roll call vote: AYES: Commrs. Karleskint, Kourakis, Peterson, Hoffman, Williams, and Schmidt NOES: None ABSENT: Commr. Gurnee Arnold B. Jonas, Secretary Planning Commission DATED: April 10, 1991 4 -xQ SAN LUIS OBISPO PLANNING COMMISSION RESOLUTION NO. 5075 -91 WHEREAS, the Planning Commission of the City of San Luis Obispo did conduct a public hearing in the City Council Chamber of the San Luis Obispo City Hall, San Luis Obispo, California, on November 13, 1991, pursuant to a proceeding instituted under application No. U1515 by Delta Upsilon Fraternity, applicant. USE PERMIT REVIEWED: To allow a fraternity house. PROPERTY DESCRIPTION: On file in the office of Community Development, City Hall. GENERAL LOCATION: 720 and 726 Foothill Boulevard. GENERAL PLAN LAND USE ELEMENT: High - density Residential. PRESENT ZONING: R -4. WHEREAS, said commission as a result of its inspections, investigations, and studies made by itself, and in behalf and of testimonies offered at said hearing, has established existence of the following circumstances: 1. The use will not adversely affect the health, safety or welfare of persons living or working at the site or in the vicinity. 2. The use is appropriate at the proposed location and will be compatible with surrounding land uses. 3. The use is exempt from environmental review (Class 3, Section 15303 - conversion of existing small structures from one use to another). 4-oI3 Resolution No. 5075 -91 Use Permit U 1515 Page 2 NOW, THEREFORE, BE IT RESOLVED that application No. U1515 is amended subject to the following conditions: 1. The approved Use Permit No. 1515 is valid subject to all the original conditions contained in Planning Commission Resolution No. 5054 -91 (attached) with the following modification to Condition #8 as follows: 8. The use permit shall be reviewed in one year (November 1992) by the Hearing Officer for conformance to conditions of approval. In the event that conformance is determined to be unacceptable, the matter shall be referred to the Planning Commission for appropriate action. The Planning Commission may add, delete, or modify conditions of approval or may revoke the use permit. The foregoing resolution was adopted by the Planning Commission of the City of San Luis Obispo upon the motion of Commr. Hoffman, seconded by Commr. Kourakis, and upon the following roll call vote: AYES: Commrs. Hoffman, Kourakis, Schmidt, Gurnee, Karleskint, and Williams NOES: Commr. Peterson ABSENT: None Arnold B. Jonas, Secretary Planning Commission DATED: November 13, 1991 �a� SAN LUIS OBISPO PLANNING COMMISSION RESOLUTION NO. 5054 -91 WHEREAS, the Planning Commission of the City of San Luis Obispo did conduct a public hearing in the City Council Chamber of the San Luis Obispo City Hall, San Luis Obispo, California, on April 10, 1991, pursuant to a proceeding instituted under application No. U1515 by the Delta Upsilon Fraternity, applicant. USE PERMIT REQUESTED: To allow a fraternity house. PROPERTY DESCRIPTION: On file in the office of Community Development, City Hall. GENERAL LOCATION: 720 and 726 Foothill Boulevard. GENERAL PLAN LAND USE ELEMENT: High- density Residential. PRESENT ZONING: R-4. WHEREAS, said commission as a result of its inspections, investigations, and studies made by itself, and in behalf and of testimonies offered at said hearing, has established existence of the following circumstances: 1. The proposed use will not adversely affect the health, safety or welfare of persons living or worldng at the site or in the vicinity. 2. The proposed use is appropriate at the proposed location and will be compatible with surrounding land uses. 3. The proposed use is exempt from environmental review (Class 3, Section 15303 - conversion of existing small structures from one use to another). NOW, THEREFORE, BE IT RESOLVED that application No. U1515 be approved subject to the following conditions: q -a(5 Resolution No. 5054 -91 Use Permit U 1515 Page 2 1. Occupancy of the site is limited to 8 residents. 2. A minimum of 9 parking spaces shall be provided on -site. 3. The permit is for residential use only. Fraternity activities conducted at 720 and 726 Foothill Boulevard shall be limited to meetings of the executive council and any other meetings and gatherings involving at total of 15 or fewer fraternity members and guests. The use of amplified sound equipment shall not be allowed. No hosted fraternal events on the site shall be allowed (for example, rush events, little sisters). 4. If a reasonable complaint, as defined by the Community Development Director, is received in writing by the Community Development Department, a) The complaint shall be forwarded to the Interfraternity Council and the Planning Commission within one week of receipt for review and comment. The names of the people filing the complaint shall not be included without their consent. Copies of all correspondence will be sent to the Dean of Students and the fraternity. b) The complaint, and the comments from the Interfraternity Council if received, shall be forwarded by the Planning Division to the Planning Commission for consideration at the commission's next available meeting. 5. No meetings or other gatherings involving persons other than fraternity members living on this site are allowed between the hours of 10 p.m. and 9 a.m. 6. A fraternity identification sign may be installed on the building in accordance with the city's sign regulations. 7. The applicant shall institute and maintain a neighborhood relations program. This plan shall include at least the following elements: a) Quarterly training of all members in community relations. Dates of these training sessions shall be submitted to the Community Development Director. b) A program to inform neighbors in a timely manner of upcoming events at the fraternity or elsewhere. 4 -a( Resolution No. 5054 -91 Use Permit U 1515 Page 3 c) Submission of names and telephone numbers of responsible persons to the Community Development Department and to apartment property managers and neighbors within two blocks in all directions of the fraternity. 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 within thirty days of Planning Commission approval of this application. Failure to implement said plan will be grounds for revocation of this permit. 8. The use permit shall be reviewed by the Planning Commission in six months (approximately October 9, 1991). At the review hearing, the commission may add, delete, or modify conditions of approval or may revoke the use permit. 9. Failure to comply with any of the above conditions or code requirements, or the conduct of the use 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. The foregoing resolution was adopted by the Planning Commission of the City of San Luis Obispo upon the motion of Commr. Karleskint, seconded by Commr. Kouralds, and upon the following roll call vote: AYES: Commrs. Karleskint, Kourakis, Peterson, Hoffman, Williams, and Schmidt NOES: None ABSENT: Commr. Gurnee Arnold B. Jonas, Secretary Planning Commission DATED: April 10, 1991 q -a7 ��ii��� ►►►���INIIIIIIIIIII�IIIII Q��1 °����►� l i I city osan vu�s oBs po • MENEM= 99 990 Palm Street /Post Office Box 8100 • San Luis Obispo, CA 93403 -8100 APPEAL TO CITY COUNCIL In accordance with the appeals procedure as authorized by Title I, Chapter 1.20 of the San Luis Obispo Municipal Code, the undersigned hereby appeals from the decision of. >. rendered on ,/ ; 7 I which decision consisted of the following (I e. set forth factual situation and the grounds for submitting this appeal. Use additional sheets as needed): The undersigned discussed the decision being appealed with: on DATE & TIME APPEAL RECEIVED: NOV P 1991 aTY CLERS( Calendared for Appellant: WaRef ritle epresentative Address ,7 �' one Original to City Clerk City Attorney Copy to Administrative Officer Copy to the following department(s): Cal Poly Colony of Delta Upsilon California Polytechnic State University 720 Foothill Boulevard, San Luis Obispo, CA 93401 November 20, 1991 Ms. Pamela Voges Office of the City Clerk P.O. Box 8100 San Luis Obispo, CA 93403 -8100 Dear Ms. Voges On November 13, Delta Upsilon Fraternity went before the San Luis Obispo planning commision for a review of the conditionally approved Use Permit (U1515) allowing a fraternity house at 720 and 726 Foothill Blvd. At that time, the fraternity requested two amendments to the use permit. The first proposed amendment was for permission to host four rush events per year at the property. The second amendment, one to allow portable stereos outside, was granted by the commission, but the first amendment proposed was denied. The commission decided not to allow the Rush events at the house, because the fraternity could not show that it had adequate parking. At the time of the review, the fraternity was working on a parking plan to address this problem, but we were unable to complete this plan by the time of the initial hearing. We have since finalized this proposal. For this reason, the fraternity is hereby appealing the planning commission's action of the public hearing. We feel that, if the commission had seen the parking plan, it would have approved both amendments. If you have any questions or comments regarding this appeal, please feel free to contact me at (805) 545 -7947. Sincerely ct4j ij w, 71V. David W.W. Jones President, Delta Upsilon Fraternity 4-d9 draf t MINUTES - CI s COMMISSION City of San Luis Obispo, California November 13, 1991 PRESENT: Commrs. Keith Gurnee, Barry Peterson. Richard Schmidt Gilbert Hoffman. ABSENT: None. Karleskint. Janet Kourakis, Fred Dodie Williams. and Chairman OTHERS PRESENT: Arnold Jonas. Community Development Director: Greg Smith. Associate Planner: and Diane Wright, Recording Secretary. AGENDA: Greg Smith said staff had received a letter from the applicant for Item i requesting an indefinite continuance so that a revised plan could be prepared. -------------------- -------------=------------------- Item I. [se Permit U 1532. Request to allow a 27 -unit residential complex for the elderly and-handicapped; 1090 Orcut+ Road; R -_ zone: SLO Nor'- Profit Housing Corporation (Marvin Sibner applicant. (Continued from September 11.- i91) - - - -- -------------------- ------ - -- - -- Commr. 1larleSkint moved to ntinue Item 1 to a date uncertain. Commr. Williams seconded the mot n. VOTING: AYES - Commrs. garleskint. lams. Gurnee, iiourakis. Peterson. Schmi an Hoffman. NOES - None. ABSENT - None. The motion passed. PUBLIC COMM There were no public comments. \ The mi tes of the July 24, 1991 Regular Meeting were approved as ame ed and the minutes of the September 10 and October 22. 1991 ecial Meetings were approved as submitted. -------------------------- - - - - -- Item 2. Use Permit li 1515. Review of conditionally approved use permit allowing a fraternity house: 720 and 726 Foothill Boulevard: R -4 zone: Delta Upsilon ommaternit`on apapplicant. . (Use permit approved by Planning 1991) ----------------------- -------------------------- - - - - -- not Greg Smith presented the staff report and`sindthethat paststaff six months. received any complaints about the fraternit.' p He said staff had some reservations about allowing activities. and and recommended the Commission approve the use ��3 to original conditions with the elimination or modification of Condition 8 which provides for review of the use permit every six months. In answer to a question by Commr. Peterson about the staff report mentioning that the police had been called to investigate noises, Greg Smith said he did not know if the disturbances were at the fraternity because he was presenting the staff report for Judith Lautner who was sick. Chairman Hoffman opened the public hearing. David Jones. 720 and 726 Foothill Boulevard, applicant's representative, said he had called the Police Department and was informed the only complaints the Police received about the fraternity were on the following dates: January 26. 1989; February 26. 1989; March 1. 1989: and January 18. 1991. He said the only other incident on record was a theft reported by the fraternity- on September 6. 1990. He explained that the Police had been near the fraternity on several occasions during the past few months. but none of the incidents involved the fraternity nor its members. He explained the fraternity was requesting amplified music be allowed so that fraternity members could play° a portable radio or put a speaker in a window when the% played 'basketball or barbecued outside. He said the fraternity was also asking for four dry rush events a year that would be held during the day or in the early evening for a maximum of 35 people. He explained guests would part: on Foothill Boulevard. on Ferrini and at Teach School. He said carpooling would be encouraged. He said the fraternity had contacted a. woman who is hoping to establish a day car center near the property about allowing fraternity members to park in her parking spaces in the evenings and her patrons using the fraternity's parking spaces during the day. He said the fraternity has a neighborhood relations plan. Tim Finer. 1:0 Ferrini music because althcu fraternity had awakened agains*_ rush activities is already over parked, six month review remain Road, said he was against allowing outdoor gh he had not complained. music from the him late at night. He said he would not be if parking was not allowed on Ferrini. which and if no alcohol was allowed. He requested a required. Fran winter. 710 Foothill Boulevard, said she lives in the apartment next door to the fraternity. She said the fraternity members have been well mannered, have improved the property, and are good neighbors. She explained she had called the Police 8 or 9 times in the last 9 months because other tenants in the apartment building she lives in had been violent. had broken windows and had Played loud music after midnight. She said she wanted the Commission to know disturbances were being caused by other tenants in her building. not by fraternity members. Al Bonin. 272 Del Mar Court. owner of the Lanai Apartments. asked the Commission to keep the conditions placed on the fraternity six months ago and not allow the fraternity to have parties. He said the area is densely populated and there is already a parking problem. Anna Barbosa. 234 Ferrini Road. said the fraternity- members had notj�„�, caused any major problems in the last six months, but pointed out that'I�J fraternity members were not at the location during the summer. She expressed concern about parking. She said during the nearby sorority's rush, buses were parked and left running on Ferrini Road. She said families living in the area pay taxes but have no control of the neighborhood. She asked the Commission not to change the conditions on the use permit. *like Flora. 110 Ferrini. Apartment 9, said he and his wife are the managers of the Lanai apartments. He said he did not have any problems with the conditions currently on the use permit. He said there were two parties at the fraternity during rush week. and he was awakened at 2:00 a.m. He expressed concern that disturbances would get worse if parties were allowed. In answer to a question by Commr. Hoffman. Mr. Flora said he had lost the telephone number given to him by David Jones. He expressed doubt that calling Mr. Jones would so le problems because to be a matter of record, the Police would have to be called. Eleanor Bonin, 272 Del Mar Court. co -owner of the Lanai Apartment. said the apartments are only rented to young couples. She said the Fire Marshall needs to investigate how many people the fraternity building can accommodate. She asked that the current conditions remain on the use permit. Dina Scar. 290 Ferrini Road. explained she found it diffi^ult to back out of her driveway when. there were activities at Teach School because of partied cars. She said a bus driver, during the sorc:rity's rush activities left a bus running in front of her home for about two hours. Glenda Ferosi. 1147 Corral Street, property manager of the iraternit::. said she gave her home telephone number at t':e Planning Commission meeting six months ago and she had not received any calls complaining about the fraternity. She gave her home telephone number again: 541- 0608.. She said if she rented the house out to regular students, the noise level would be louder. She said the fraternity has put about S500,000 into improvements. She said she allowed the fraternity to have a rush event at her ranch on Crcutt Road. and fraternity members acted like gentlemen and no vandalism occurred. She said she shows up at the fraternity uninvited and has not seen any problems. She asked that the fraternity be allowed to have parties. Victor Barbosa. 231 Ferrini Road, said the fraternity was applying for noise and the neighbors were applying for peace. Val Gillespie. 772 Foothill Boulevard, said there haven't been any problems in the last six months. but felt if the conditions of the use permit were modified. there would be problems. Tony Walierus (sp ? ?). 726 Foothill. explained the rush events were entail barbecues in the back yard for 30 -40 people and would end b� 9:00 p.m. where no alcohol would be served. He said rush activities held at the house that are held.in an orderly fashion are important to fraternities. David Jones, 720 -720- Foothill Boulevard, asked that the fraternity be given a chance to prove themselves. He explained he talked over the recent late night incident with Mr. Flora the next morning. and felt it was encouraging that the Police were not called. He said he has told the fraternity brothers 10:00 p.m. is quiet time. He said there have not been any formal complaints in the last 8 months. Kyle Casey, 299 Cerra Remauldo. expressed regret that he could not see the fraternity house during rush. He said seeing a fraternity's house during rush is important. Chairman Hoffman closed the public hearing. Commr. Gurnee said many of the same people speaking at the hearing six months ago were the same ores speaking now. He said he did not believe anyone would object to fraternity- members playing a radio at a reasonable level in their yard. He felt parking and noise were valid concerns and said he could support staff's recommendations except for the deletion of use permit review. He suggested the Ccmmunit;: Development Director review the use permit in one year, allowing the Director to modify the conditions at that time. Commr. Peterson felt the fraternity had been doing a good job and said he could support a dry- rush event that ended early in the ex because because rush events are important to fraternities. Commr. bourakis said she agreed with Commr. Gurnee that the cor.diticn did not need to be modified to allow a radio to be played outside. She felt the fraternities needed to work together to have some sort of organized bussing or carpooling because of parking problems. She said she could support review by the Community Developiment Director in one year. She said she was impressed with the repeated interest the people in the area expressed to preserve their neighborhood. Commr. Karleskint said the fraternity was currently doing a good job. but that the conditions were placed on the use permit because of the history- of the fraternity. He said that if fraternity members could play a radio at a reasonable level outside, maybe neighbors would be willing to al'.ow a rush activity in the future. He said he could support review of the permit in six months, but preferred the Planning Commission review the permit. Commr. Williams said she could support a one year review at the administrative level. She believed neighbors would not complain about a radio being played outside at a reasonable level. Commr. Schmidt said he agreed with the other Commrs. and could support either staff's recommendation or Commr. Gurnee's proposal. He said he could not support rush at the site because of the size of the house. Commr. Hoffman said the fraternity was fighting past history, and he could not support rush events at this time. He encouraged the fraternity to work with the IFC for bussing. Commr. Hoffman moved to approve the continuation of the use permit with current conditions except for a change to Condition S requiring review at an administrative hearing in one year. Commr. Karleskint the 33 seconded motion. { Greg Smith advised that the hearing officer could not revoke the use permit. Arnold Jonas said an administrative hearing could be held to determine if there is a problem. Commr. Karleskint said it was his intention that the hearing officer be allowed to modify the use permit conditions. Greg Smith said it is not clear if modification of Planning Commission use permits can be delegated to a hearing officer. Arnold Jonas said he would consult with the City Attorney for clarification. Commr. Kourakis asked if the administrative officer could decide if the fraternity could hold rush, events. Commr. Schmidt felt charged conditions in use permits should be a separate action initiated by applicants. VOTING: AYES - Commr. Hoffman, Karieskint, Gurnee. Kourakis. Schmidt. and Williams. NOES - Commr. Peterson. ABSENT - None. The motion passed. Commr. Kourakis said she was impressed with the fraternity's re,:ent actions. She requested staff investigate the bus problem during the sorority rush. -------------------------------------------------------------------- Item 3. Street Abandonment. Request to abandon a small portion of San Luis Drive right -of -way adjacent to 2057 San Luis rive: R -1 zone: Steven Frank, applicant. Greg Smith pr ented the staff report ancyfecommended the Commission approve the reque subject to conditions and approve preservation of abandoned right -of- y as a pubyi'c utilities easement to the satisfaction of the Com pity Deye- 1'opment Director and city engineer. Chairman Hoffman opened tJit5' P"u4lic hearing. Steve Frank. 440 CouKtry Club Dr iv applicant's representati%-e, said he was the civil engineer who prepare the topographic map. He said he concurred with all of staff's fin 'ngs and the applicant was agreeable to a utility easement for the e ire area. He said he preferred the applicant not be required to iminate the asphalt paving where he parks his car. but said he di derstand staff's position. \ Chairman Hoffman closed the public hearing. Commr. Gurnee moved to approve the street abandonment with the M E M O R A N D U M TO: San Luis City Council FROM: Delta Upsilon Fraternity. RE: Statement of appeal re parking re U 1515. DATE: 12 -21 -91 n; ,,*AGENDA DATERE!! Y CONW10: v oR1c 1� mD DM rA ❑ MECH W ❑ FwDM ❑ POUCEM ❑ MGML TEAM ❑ REC DR ❑ c READ FRE ❑� unL V11L �T ' 7- .: -.p '/°' 3 t POINTS OF CLARIFICATION A. A rush event is not a party. It is a time to get to know and to evaluate a prospective member and to decide what type of benefits the fraternity can offer him and he can offer the fraternity. It is also a time for the prospective member to evaluate the fraternity and to decide why this fraternity is right for him. There are formal and informal rush events, in order to see the prospective member in all settings. Again, a rush event is not a party where the people go wild. It is an orderly informational session where both sides are trying hard to impress the other. At this type of event there are no bands, there is no alcohol, by any sense of the word this is not a party. B. The Villages and 61 Broad have given the fraternity, upon approval by the city to allow rush events at the house, the permission to park in their excess spaces. At the time of approval by the city, the RECRI�E® JAN - 3 1992 CrTY CLERK SAN LUIS 0818M CA .. r.- = fraternity is prepared to pay the lawyer of the properties to draw up the legal contract which the property owner requests. c. The fraternity feels that noise at the property will not affect the nieghbors, due to the fact that the rush events will.be at times when many people are still at work or at school. The event will be over before many people go to bed. The event will be basic idle talk. It will be a gathering of people that are trying to find out more about each other. D. The fraternity understands that they are fighting their past record. Many of the same nieghbors that years ago complained are still coming forward to try and keep the fraternity restricted. But in a fraternity people come and go. The members of the fraternity that were around years ago when all of the previous complaints evolved have since graduated and left the area. E. The fraternity is asking for 4 hours, 2 days during one week of rush, and there are two rush weeks per year. A total of 16 hours per year. M E M O R A N D U M TO: San Luis City Council FROM: Delta Upsilon Fraternity RE: Statement of appeal re House (Premises) issues re U1515. DATE: 12 -21 -91 When at the planning commision, there seemed to be a lot of confusion on exactly what a rush event entails. Rush is an integral part of any fraternity. It provides the chance for prospective members to meet the members of the fraternity. It is also very important to have rush events at the fraternity house, for many reasons. First of all, it gives the prospective members a chance to see what type of men the fraternity is made of. It also gives the prospective members something to associate with when they hear a fraternities name around campus. Members of fraternities work hard to make their house something to be proud of. It is not often that they have a chance to show off all of their hard work, dedication and achievement. Rush offers them this chance. Having a rush event at the house gives respectability and credibility to the house, showing that the fraternity has established itself with the community. This year, for the first year ever at Cal poly, the rush policy was changed so that it included a "DRY RUSH ", meaning that having any form of alcohol at any event was strictly prohibited. Delta.Upsilon is complying with this new rule and is doing its best to promote the better and safer sides of fraternity life. A rush event at the fraternity house at 720 and 726 Foothill would include several different things, most of which will be included in the following pages. But to define some of the particulars if rush events are granted to the properties: rush. I' There will NOT be any alcohol on the premises during the week of 2. The rush event will begin at 4:00 and end promtly at 8:30 pm. 3. The rush event would abide by all San Luis Obispo noise ordinances. year.. 4. The rush events would not be in excess of four nights per school 5. The rush event would be monitored by an independent security force hired by the fraternity. 6. No parking will be allowed on Ferrini Blvd. 7. All parking will be at the properties at 55 and 61 Broad St. 8. A shuttle will be driven from Cal Poly to the fraternity house from 4:00 to 4:30. 9. A shuttle will be driven from The Villages to the fraternity house from 4:30 to 5:00. a M E M O R A N D U M TO: San Luis City Council FROM: Delta Upsilon Fraternity RE: Statement of appeal re parking re U 1 S 1 S. DATE: 12 -21 -91 One of the major concerns to the planning commision staff is the issue regarding the lack of parking at the 720 and 726 properties. After research of the surronding areas and the current property alottments the staff found that there was not reasonable amount of availabe spaces to accomodate a rush event. After discussion with the planning commision and realizing what a large and important aspect parking was to them, Delta Upsilon believed that the only way that it would ever get the chance to have a rush event at the house was going to mean solving the parking problem. The properties are managed by Avila Beach Realty, under the supervision of Glenda Perrozzi. This realty firm also manages The Villages and the property at 61 Broad, which is senior and student housing. In the effort to promote the use of the property at 720 and 726 Foothill, the realty office has offered to help support the fraternities rush efforts I by allowing the fraternity, upon permit approval of the city council to allow rush events at the fraternity house, to use excess parking spaces on certain days prearranged by the fraternity, The Villages and 61 Broad. Following this report, listed as exhibit A, is a photo copy of the parking regulations of the land use document for The Villages and 61 Broad. Seeing that there are 181 spaces and that on average only 107 are used, this leaves an excess of 74 spaces; an excess that upon permit approval by the city council to allow rush events at the fraternity house, The Villages and 61 Broad will allow the fraternity to use. These are more than enough spaces to accomodate the number of cars that will be attending the rush event. The fraternity wants to be sure that there will be,no problem and will still be using the Cal Poly Vans to shuttle potential members to and from the event, a distance which is less than a mile. Seeing that the event will be over by 8:30 the fraternity will assure that they are not disturbing any of the tenants living on either of the properties at the time of their departure. w. r PD 1369 Page 3 4 J a y_ ;7—Xa' Out of the 57 units currently occupied at the Village, only three are occupied by two persons (5% occupancy by 2 persons). In senior projects, it can be expected that about 20% of the total number of units will be occupied by 2 persons. Using the 20% doubl"ccupancy, the project would ba've a population of 184 persons. With as high a percentage of double- occupancy as31%, the project would still be consistent with allowed density. Attached is a letter from the applicant documenting occupancy characteristics of units in various senior projects. No changes in the unit configuration at the 61 Broad complex are proposed as part of this request. Senior apartment complexes require less parking spaces than unrestricted or student apartment projects. The reason for this is that many senior citizens no longer own cars and do not drive. In recognition of this, the zoning regulations require less parking for apartment complexes that are exclusively senior- occupied. With senior occupancy of the project with its present number of units, there exists a parking surplus. This surplus will still exist even with the addition of 42 units. The parking requirement for the revised Village project is 107 parking spaces. Plans show that 181 spaces will be available (an excess of 74 spaces). While this seems to be an overwhelming amount of excess spaces given the relatively empty appearance of the parking at present, it should be pointed out that current occupancy (about 50 residents) is much lower than it will ultimately be. With the installation of the two elevators, required access to the upper floors will be provided, more units will be rented and the parking lots more frequently used. In staff's opinion, the project would appear more attractive when viewed from Ramona 'Street if some of the parking spaces in the project's Ramona lot were replaced with landscaping. When the project is more fully occupied, it will become more readily apparent whether all of the parking spaces being provided will be needed or not (even if the ordinance requirement indicates that provided parking is excessive). Staff is suggesting that a condition be added to review the use permit in one year's time. At that time, a requirement to add additional planting along Ramona Drive might be appropriate. Staff feels this would be a good compromise approach. it would allow the applicant to implement necessary improvements to make more units available to rent which would in turn generate more project income to possibly fund future improvements. The applicant has indicated that such a requirement at the present time would be a financial hardship. The condition would afford the city the leverage to require the extra landscaping in the future if it seems warranted. The parking requirement for 61 Broad remains to be 109 spaces. Parking to be provided for this complex is 112 spaces (an excess of 3 spaces). 19 of the spaces for the 61 Broad complex would be obtained by converting the area currently occupied by a tennis court into parking. e yk&4 .