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HomeMy WebLinkAboutE - Staff Analysis of APPL-0665-2025 Appellant Submitted Modifications and Additions to Draft Conditions of Approval_FinalATTACHMENT E - STAFF ANALYSIS OF APPL-0665-2025 APPELLANT SUBMITTED MODIFICATIONS AND ADDITIONS TO DRAFT CONDITIONS OF APPROVAL At the May 28, 2025 Planning Commission hearing, staff recommended the Planning Commission allow continuation of the fraternity subject to a modified Use Permit. With staff’s recommendation, draft Conditions of Approval were included in the draft Resolution attached to the May 28, 2025 Planning Commission Agenda Report (PCAR). The Planning Commission rejected staff’s recommendation and revoked the Use Permit. In the Second Supplemental Statement, submitted on September 22, 2025, the Appellant proposed draft Conditions of Approval based on the May 28, 2025 PCAR draft Conditions. The Appellant stated if their proposed draft Conditions of Approval were adopted, the fraternity would meet the required findings for modification of the Use Permit and continuance of use as a fraternity. Staff evaluated the differences between staff’s recommended draft Conditions and the Appellant’s draft Conditions in the table below. Staff’s draft conditions from the May 28, 2025 PCAR are in left hand column, the Appellant proposed amendments and additions to the draft Conditions are in the middle column, and staff’s associated response and recommendations are in the right hand column. With Planning Commission’s revocation of the Use Permit and the fraternity’s subsequent appeal, Use Permit U106-98 is currently still in effect, and the active Conditions of Approval of U106-98 can be reviewed in Attachment B. Staff’s Draft Conditions from 5/28/25 PCAR Recommendation Proposed Changes from Appellant (Additions italicized and underlined) Staff Response and Recommendation 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. No change N/A 2 The Conditional Use Permit shall The Conditional Use Permit shall be This proposed revision indicates that a Attachment E of APPL-0665-2025 Page 2 Staff’s Draft Conditions from 5/28/25 PCAR Recommendation Proposed Changes from Appellant (Additions italicized and underlined) Staff Response and Recommendation 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. 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. If there are two (2) citations within any 12-month period for a violation of law or permit condition that meet conditions (a) and (b) above, the fraternity shall submit a plan on how they will prevent future an additional violation of law or permit condition that meet conditions (a) and (b). 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. plan describing how the fraternity would prevent future violations upon receipt of two (2) citations. It is unclear how the review, processing, implementation, and enforcement of the plan would be accomplished without significant City staff time and resources that are not accounted for in the Use Permit application process and associated fees. Implementation of such a plan should be applied as a regular best practice so that the fraternity does not receive any citations. Staff does not recommend amending this condition of approval because it is unclear how the review, processing, implementation, and enforcement of the plan would be accomplished. 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 The fraternity shall be limited to a maximum of 35 residents for the property, averaging 370 sq ft per resident above the 60 sqft minimum in 17.86.130. The property owner shall This proposed amendment provides the square footage calculation per resident. This is a minor amendment to the condition of approval that is not necessary, however could be added if Attachment E of APPL-0665-2025 Page 3 Staff’s Draft Conditions from 5/28/25 PCAR Recommendation Proposed Changes from Appellant (Additions italicized and underlined) Staff Response and Recommendation 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. 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. determined to be helpful. 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 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. Routine meetings and gatherings for the fraternity shall be limited to a maximum of 1 guest per 90 square feet of living space, 1.5 times the minimum occupancy requirements of 60 square feet per resident outlined in 17.86.130 except as otherwise approved by the Community Development Director for special events submitted to the Community Development Director as part of their annual event plan. The annual event plan shall include planned events on the property beyond routine meetings and gatherings which would cover social, philanthropy, alumni, parents and recruitment events. The plan shall be reviewed, approved or denied within 30 days. After approving the plan, the fraternity shall provide any changes and updates to the plan as soon as practicable. As part of that annual event plan, the fraternity shall provide a transportation management plan for events beyond routine meetings and gatherings to reduce impacts to the The method used by staff to calculate maximum capacity for routine meetings and gatherings is based on current practices and recent fraternity and sorority use permit approvals. The number of people allowed onsite for routine meetings and gatherings is 1.5 times the average population density (= 36 person population for this site). This calculation takes into consideration the residential population assumptions set forth in the General Plan Land Use Element based on the land use designation and zone and the site/lot area and constraints. The proposed amendment identifies that there would be 1 guest per 90 s.f of living space. The total residential square footage on the subject Property is approximately 13,764 s.f and as proposed 152 total people would be allowed at the site compared to the 54 total people allowed on the site in the original condition. Staff does not recommend this proposed amendment because the Attachment E of APPL-0665-2025 Page 4 Staff’s Draft Conditions from 5/28/25 PCAR Recommendation Proposed Changes from Appellant (Additions italicized and underlined) Staff Response and Recommendation surrounding neighborhood shall be submitted to the Community Development Department for review and approval. No exception from the Noise Ordinance shall be approved by the Director as Part of the special event. Presence of more than 1 guest per 90 sqft of living space at the property without valid approval from the Community Development Director shall be considered a violation of this Conditional Use Permit. maximum capacity is not consistent with the Land Use Element or site considerations and constraints. The proposed amendment would require the Community Development Director to review fraternity events outside the standards and procedures of the Zoning Regulations (which are in place to ensure that such uses are compatible with their surroundings and the intent of the regulations). Staff does not recommend adopting the proposed amendment because it is inconsistent with Zoning Regulation’s Processes and Procedures. The original condition of approval allows the fraternity to apply for a temporary and intermittent use permits (SLOMC §17.113) for special events that surpass the maximum gathering limit as allowed within an approved CUP. 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 No change N/A Attachment E of APPL-0665-2025 Page 5 Staff’s Draft Conditions from 5/28/25 PCAR Recommendation Proposed Changes from Appellant (Additions italicized and underlined) Staff Response and Recommendation 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. 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. The fraternity shall provide the name and contact information (i.e., phone number and email address) of the President of the Alumni board of Trustees and the President of the Housing Corporation 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. Providing additional contacts for the fraternity organization to the Community Development and Police Departments could be beneficial. Staff recommends considering this amendment because it could be beneficial in boosting education and communication opportunities between the City and the fraternity. 7 The property shall be maintained in a clean and orderly manner and in compliance with the Municipal No change N/A Attachment E of APPL-0665-2025 Page 6 Staff’s Draft Conditions from 5/28/25 PCAR Recommendation Proposed Changes from Appellant (Additions italicized and underlined) Staff Response and Recommendation 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. No change N/A 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. At the beginning of every academic year due the property’s proximity adjacent to campus, the fraternity shall offer bicycle parking to every resident, up to 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. Per SLOMC §17.72.070(B) (Bicycle parking standards; Table 3-6) the site is required to have 35 bicycle parking spaces (one bicycle space per bed) at all times and does not allow changes in the number of spaces based on the number of residents that do or do not have bicycles. Staff does not recommend amending the condition because it is inconsistent with Zoning Regulation’s current requirements. 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. No change N/A Attachment E of APPL-0665-2025 Page 7 Staff’s Draft Conditions from 5/28/25 PCAR Recommendation Proposed Changes from Appellant (Additions italicized and underlined) Staff Response and Recommendation 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. No change N/A 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. No change N/A 13 Unless otherwise approved by the Community Development Director, the building permits to resolve the open code enforcement case regarding unpermitted conversion of non-habitable space (e.g., balconies, decks, and sunrooms) to sleeping areas shall be finaled Noted that corrections have been completed. Code Enforcement case (CODE-000610- 2021) related to unpermitted conversation of non-habitable space has been resolved and the site is now compliant with no active, open Code Enforcement cases. Staff would recommend removing this condition. Attachment E of APPL-0665-2025 Page 8 Staff’s Draft Conditions from 5/28/25 PCAR Recommendation Proposed Changes from Appellant (Additions italicized and underlined) Staff Response and Recommendation 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. No change. N/A N/A The Fraternity shall have an annual education program for the fraternity about the existence and requirements of the Conditional Use Permit. An annual education program regarding Conditional Use Permit requirements could be beneficial to both the fraternity and the City. However, it is unclear how implementation of the program would be accomplished, and if included as a Attachment E of APPL-0665-2025 Page 9 Staff’s Draft Conditions from 5/28/25 PCAR Recommendation Proposed Changes from Appellant (Additions italicized and underlined) Staff Response and Recommendation condition, it is unclear how staff would verify condition compliance Staff recommends considering this amendment because it could be beneficial, however, it is unclear how implementation of the program would be accomplished and how staff would verify condition compliance. N/A The fraternity shall create a good neighbor management plan to reduce impacts to the surrounding neighborhood shall be submitted to the Community Development Department, at least 30 days before the commencing of the fall academic period. A good neighbor management plan could be beneficial to both the fraternity and the City. However, it is unclear how review, processing, implementation, and enforcement of the plan would be accomplished without significant City staff time and resources that are not accounted for in the Use Permit application process and associated fees. Note: Draft Condition No. 11 includes requirements for neighborhood outreach for special events that are approved by the Community Development Department. Staff recommends considering this amendment because it could be beneficial, however, it is unclear how review, processing, implementation, and enforcement of the plan would be accomplished. N/A The Fraternity shall have a community service program with no less than three A community service program could be beneficial to both the fraternity and the Attachment E of APPL-0665-2025 Page 10 Staff’s Draft Conditions from 5/28/25 PCAR Recommendation Proposed Changes from Appellant (Additions italicized and underlined) Staff Response and Recommendation community service events a year benefiting the community of San Luis Obispo. City. However, there is no land use nexus for requiring such a condition, but with the appellant volunteering the addition of the program, express consent should be made clear in the condition language. It is also unclear how such a program would be implemented and how staff would verify condition compliance . Staff recommends adding this condition of approval because it could be beneficial, however there is no land use nexus for requiring such a condition, and if this specific applicant is volunteering it, then their express consent should be made clear in the condition language. Additionally, it is unclear how implementation and enforcement of the program would be accomplished.