HomeMy WebLinkAboutCDDFile_06-24-2024 Appeal to City Council - USE-0331-2023JUN 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
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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:
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(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)
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4. I discussed the matter with the following City staff member:
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(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
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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
Reason for Appeal continued
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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'
(Signature of (Date)
Deliver to:
City Clerk's Office
990 Palm Street
San Luis Obispo, CA 93401
08122 update Page 2 ol 2
We support the conditional use permit (CUP), but we recognize the importance of the language
of the conditions used to mitigate adverse impacts Lamda 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
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.
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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
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.
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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:
' Resolution No. 5323-01
Page 2
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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
'F 'Resolution No. 5323-01
Page 3
AYES:
NOES:
REFRAIN:
ABSENT:
Commrs. Caruso, Cooper, Aiken and Boswell
Commrs. Peterson and Osborne
None
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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
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.
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.
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.
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.
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:
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.
*** REPRINT x**
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. San Lujs Objspo, CA 93401(805) 78l -7124 www,slocjty.org
Thank you for your payment,
Have a njce day!
Monday Jun 24 Z0Z4 11:AZ:AZ Alll
GDD_- Community Development _ Hisc Revenue(CDREV)
APPEAL T0 CiTy COUNCiL: RESIDEI,ITS 74b.Js
Total
Check
ReceJved From; $ANDRA A. ROI4LEY
Recejpt #: f jnance- 06?42024_ii
Cashier: patrick Koski
745.3s
745.35
.b
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
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
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
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) residents. 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
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.
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 fraternity 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
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 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
Resolution No. PC-XXXX-24
USE-0331-2023
1264 and 1264 ½ East Foothill; 1241, 1243, 1249, and 1251 Monte Vista
Page 2
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
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
Resolution No. PC-XXXX-24
USE-0331-2023
1264 and 1264 ½ East Foothill; 1241, 1243, 1249, and 1251 Monte Vista
Page 3
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.
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. For special events involving more than
48 people, a parking 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
Resolution No. PC-XXXX-24
USE-0331-2023
1264 and 1264 ½ East Foothill; 1241, 1243, 1249, and 1251 Monte Vista
Page 4
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 improvements 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. All parking 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 any 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) is proposed to be a one-
Resolution No. PC-XXXX-24
USE-0331-2023
1264 and 1264 ½ East Foothill; 1241, 1243, 1249, and 1251 Monte Vista
Page 5
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.
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.
16. Street trees may be required along the East Foothill Boulevard frontage. The City
Arborist shall review the site for a determination on whether any existing trees
may qualify as “Street Trees”. From records available at the time of the application,
two (2) street trees may be required because one (1) 15-gallon tree is required to
be planted within the street tree zone for each 35 lineal feet of frontage. If new
street trees are required, the trees shall be planted in accordance with Chapter
12.24 (Tree Regulations) of the Municipal Code and City Engineering Standards.
Indemnification
17. 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:
Resolution No. PC-XXXX-24
USE-0331-2023
1264 and 1264 ½ East Foothill; 1241, 1243, 1249, and 1251 Monte Vista
Page 6
NOES:
RECUSED:
ABSENT:
The foregoing resolution was passed and adopted this 12th day of June 2024.
___________________
Tyler Corey, Secretary
Planning Commission