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HomeMy WebLinkAboutBACKUP Draft Resolution for APPL-0665-2025 (Continuing Use with Mods)R ______ RESOLUTION NO. _____ (202X SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, UPHOLDING AN APPEAL AND APPROVING MODIFICATIONS TO AN EXISTING CONDITIONAL USE PERMIT TO ALLOW THE CONTINUATION OF A FRATERNITY AT 1236 MONTE VISTA PLACE. 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 21, 2025 (USE-0332-2025, APPL- 0665-2025).) 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 May 28, 2025, for the re-review of an existing Conditional Use Permit, U106-98 (“Use Permit”), for fraternity use at 1236 Monte Vista Place, pursuant to a proceeding instituted under USE- 0332-2025; and WHEREAS, the Planning Commission of the City of San Luis Obispo revoked Use Permit U106-98, 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, Delta Chi Cal Poly Chapter filed a timely appeal of the Planning Commission’s decision to revoke the Use Permit, APPL-0665-2025, on June 20, 2025; 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 21, 2025, for the purpose of considering the appeal of the Planning Commission’s decision to revoke the Use Permit, APPL-0665-2025, 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 Council of the City of San Luis Obispo as follows/or that (whatever action is needed): SECTION 1. Findings. The City Council hereby upholds the appeal and approves the Conditional Use Permit to allow the continuation of the fraternity based on the following findings: Resolution No. _____ (202X Series) Page 2 R ______ a) 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. b) 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 35 residents complies with the group housing maximum occupancy limits, (b) the parking configuration would provide 32 required spaces, consistent with the nonconforming parking space capacity of the apartment complex per Section 17.72.060 of the San Luis Obispo Municipal Code (Nonconforming Parking), and (c) the required 35 bicycle parking spaces complies with current bicycle parking requirements per Section 17.72.070 (Bicycle parking standards). c) 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 continue to (a) be in proximity to other dense group housing (i.e., other fraternities, sororities, multi-family, etc.), (b) be located within walking distance (i.e., within 0.1-mile) of the Cal Poly campus, and (c) utilize an existing developed multi-family property. d) 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 is served by City utilities. The project utilizes an existing developed multi-family property and does not include activities that would generate service or utility demands beyond those anticipated with uses permitted in the vicinity. e) 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. f) 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 Resolution No. _____ (202X Series) Page 3 R ______ 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 conditions of approval. The project does not include the 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 approves the Conditional Use Permit to allow the continuation of the fraternity at 1236 Monte Vista Place, 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 May 28, 2025, 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 conduct on the permitted premises results in three (3) citations within any 12-month period for a violation of law or permit condition that (a) are not contested or are upheld on appeal, and (b) the conduct for which the citations were 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, 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 35 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. 4. Routine meetings and gatherings for the fraternity shall be limited to a maximum of 54 people (rounded down from 54.45 = 36.3 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 54 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 Resolution No. _____ (202X Series) Page 4 R ______ Ordinance shall be approved by the Director as Part of the special event. Presence of more than 54 people at the property without valid approval from the Community Development Director shall be considered a violation of this Conditional Use Permit. 5. 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 automatically revoked. 6. 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. The “responsible parties” are those that cause, maintain, allow, or are otherwise responsible for actions regulated by this Use Permit, or those that have an ownership interest in the real property. 7. The property shall be maintained in a clean and orderly manner and in compliance with the Municipal Code. 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 32 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. Within 60 days of the re-review hearing with the Planning Commission on May 28, 2025, the fraternity shall install a minimum of 35 bicycle spaces (one for each resident) and contact the City for a follow-up inspection to verify that all required bicycle spaces have been installed. 10. The fraternity use shall comply with Table 1 (Exterior Noise Limits) of Section 9.12.060 (Exterior Noise Limits) of the San Luis Obispo Municipal Code between the extended hours of 10:00 p.m. and 9:00 a.m. 11. 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 all occupants residing 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. 12. 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. 13. Unless otherwise approved by the Community Development Director, the building permits to resolve the open code enforcement case regarding unpermitted Resolution No. _____ (202X Series) Page 5 R ______ conversion of non-habitable space (e.g., balconies, decks, and sunrooms) to sleeping areas shall be finaled within six (6) months following the May 28, 2025 Planning Commission re-review hearing or prior to leasing the affected residential units to new tenants for the next academic year, whichever occurs first. Failure to complete the required work to resolve the open code enforcement case within the preceding timeframe shall result in the automatic revocation of this Conditional Use Permit. 14. 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 considered a violation of this Conditional Use Permit and may constitute grounds for the revocation of this permit. Effect of Resolution This Resolution repeals and replaces Resolution No. 5230-98 (1998 Series). The Conditional Use Permit to allow the continuation of a fraternity at 1236 Monte Vista Place is subject to the revised conditions stated in this Resolution. Indemnification 1. 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. Upon motion of Council Member ___________, seconded by Council Member ___________, and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this _____ day of _______________ 202X. ___________________________ Mayor Erica A. Stewart ATTEST: Resolution No. _____ (202X Series) Page 6 R ______ ______________________ 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