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HomeMy WebLinkAboutPC-1010-16 (USE-3369-2016 -- 190 Stenner Street)RESOLUTION NO. PC -1010-16 A RESOLUTION OF THE SAN LUIS OBISPO PLANNING COMMISSION APPROVING A NEW SORORITY USE (ALPHA GAMMA DELTA) ON A PROPERTY WITH THREE EXISTING DWELLING UNITS IN THE HIGH-DENSITY RESIDENTIAL ZONE, WITH A CATEGORICAL EXEMPTION FROM ENVIRONMENTAL REVIEW, AS REPRESENTED IN THE STAFF REPORT AND ATTACHMENTS DATED SEPTEMBER 28, 2016 (190 STENNER STREET USE -3369-2016) WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public hearing in the Council Hearing Room of City Hall, 990 Palm Street, San Luis Obispo, California, on September 28, 2016, pursuant to a proceeding instituted under USE -3369-2016, AGD Fraternity Housing Group, applicant; and WHEREAS, the Planning Commission of the City of San Luis Obispo has duly considered all evidence, including the testimony of the applicant, interested parties, and evaluation and recommendations by staff, presented at said hearing. WHEREAS, notices of said public hearing 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 to the project (USE -3369-2016), based on the following findings: 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, restricts activities, provides adequate parking, and limits potential disturbances to neighboring properties. The project will be compatible with site constraints and the character of the neighborhood. 2. The proposed project is consistent with General Plan Land Use policy and 2.6.5 and Housing Element policy 8.6 to locate student housing projects, fraternities and sororities in close proximity to the Cal Poly campus and other student -oriented uses and housing. 3. As conditioned, the proposed use is consistent with the Zoning Regulations because the number of residents is consistent with the group housing maximum occupancy limits and the parking configuration is consistent with neighboring properties and results in an adequate number of parking spaces for residents. 4. As conditioned, the parking requirement for 1 parking space per 1.5 occupants (total of 5 parking spaces) allows for needed flexibility due to site constraints and is appropriate due to the proximity of the use to campus which would help alleviate the need for on-site parking. Resolution No. PC -1010-16 USE -3369-2016 (190 Stenner Street) Page 2 SECTION 2. Environmental Review. The project is categorically exempt under Class 1, Existing Facilities; Section 15301 of the CEQA Guidelines, because the project will occupy an existing residential development that will not result in an expansion beyond that of the existing residential use. SECTION 3. Action. The Planning Commission hereby grants final approval to the project with incorporation of the following conditions: Planning Division 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. 2. No more than seven (7) 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. The property will be subject to the City's Multi -Dwelling Residential Inspection Program and annual fee assessment. 3. The maximum number of persons allowed on-site for routine meetings and gatherings shall not exceed fifteen (15) persons. 4. No meetings, parties, or other types of sorority activities that would exceed a maximum occupancy of 15 persons may take place on the project site, unless otherwise approved by the Community Development Director for special events along with an approved transportation plan to reduce impacts to the surrounding neighborhood. A minimum of five (5) on-site parking spaces, as described in the project description and shown on plans, shall be provided and maintained at all times. 6. Pursuant to Zoning Regulations Table 6.5, the project shall provide bicycle lockers or interior space within each dwelling or accessory structure for the storage of at least one bicycle per resident. 7. A building permit is required for any proposed signage identifying the sorority house. The signage shall be reviewed and approved by the Community Development Director subject to compatibility findings with the surrounding neighborhood based on size, location, style, etc. 8. The property shall be maintained in a clean and orderly manner at all times, including Resolution No. PC -1010-16 USE -3369-2016 (190 Stenner Street) Page 3 maintenance of landscaping. 9. The 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 sorority (Alpha Gamma Delta) becomes unaffiliated or no longer held in good standing with California Polytechnic University, this use permit shall be revoked. 10. The applicant shall provide names and telephone numbers of responsible persons to the Community Development Department and SLOPD Neighborhood Services Manager on an annual basis. Responsible persons shall be available during all events and at reasonable hours to receive and handle complaints. 11. The Use Permit shall be reviewed by the Community Development Director for compliance with conditions of approval, or to determine whether a modification of the Use Permit is necessary upon significant change to the sorority as represented in the Staff Report dated September 28, 2016, or in the event of a change in ownership which may result in deviation from the project description or approved plans. 12. This Use Permit can be referred to the Planning Commission if the City receives substantiated written complaints from any citizen, Code Enforcement Officer, or Police Department employee, which includes information and/or evidence supporting a conclusion that a violation of this Use Permit, or of City ordinances, regulations or Police Department resources (calls for service) applicable to the property or the operation of the business, has occurred. At the time of the Use Permit review, to ensure compliance with these conditions, conditions of approval may be added, deleted, modified, or the Use Permit may be revoked. Engineering Division 13. A separate encroachment permit shall be required for any work within the public right-of- way. 14. The existing driveway approach shall be upgraded to comply with current standards in accordance with previous approvals. The current city and ADA standard requires a 4' accessible sidewalk extension behind the ramp. 15. Any sections of damaged or displaced curb, gutter & sidewalk or driveway approach shall be repaired or replaced to the satisfaction of the Public Works Director. The open tree well shall be replaced with integral sidewalk per city engineering standards. 16. Street trees are required at a rate of one 15 -gallon street tree for each 35 linear feet of frontage. One additional street tree may be required. A site inspection can be schedule to review existing trees and determine if additional street trees are required. Tree species and planting requirements shall be in accordance with city engineering standards. Resolution No. PC -1010-16 USE -3369-2016 (190 Stenner Street) Page 4 On motion by Commissioner Larson, seconded by Commissioner Fowler, and on the following roll call vote: AYES: Commissioners Dandekar, Fowler, Knight, Larson, and Stevenson NOES: None. REFRAIN: None. ABSENT:' Malak The foregoing resolution was passed and adopted this 28th day of September, 2016. Doug Davi son, Secretary Planning Commission