HomeMy WebLinkAboutItem 3 - USE-1859-2018 (1267 Fredericks)Meeting Date: December 12, 2018
Item Number: #3
2
PLANNING COMMISSION AGENDA REPORT
SUBJECT: Request to establish a high occupancy residential use to provide for seven occupants where
normally limited to five, the project includes a single-story addition to a structure that is listed as a
contributing historic resource.
PROJECT ADDRESS: 1267 Fredericks Street BY: Kyle Bell, Associate Planner
Phone Number: (805) 781-7524
E-mail: kbell@slocity.org
XF
FILE NUMBER: USE-1859-2018 FROM: Xzandrea Fowler, Deputy Director
RECOMMENDATION: Adopt the Draft Resolution (Attachment 1) that approves the High Occupancy
Residential Use Permit, subject to findings and conditions of approval.
SITE DATA
Applicant SLOCA, LLC
Complete Date October 3, 2018
Zoning Medium-Density Residential (R-2)
zone
General Plan Medium Density Residential
Site Area ~7,530 square feet
Environmental
Status
Categorically Exempt from
environmental review under
Section 15303, Class 3, New
Construction or Conversion of
Small Structures, of the CEQA
Guidelines
SUMMARY
The project applicant, SLOCA, LLC, has requested a High Occupancy Residential Use Permit to allow
seven occupants where normally limited to five occupants, located at the along Fredricks Street, within
the Medium Density Residential (R-2) zone. The Zoning Regulations stipulate that high-occupancy
residential uses, with six or more adult occupants, requires an Administrative Use Permit to promote
quality of life by ensuring that dwellings provide adequate support facilities. On September 12, 2018 a
building permit was issued for the one-story addition that includes the two additional bedrooms,
however, the addition has not yet been constructed.
The project has been elevated to the Planning Commission due to prior history of the property which
included two appeals to a similar application that has since expired (Attachment 2, Project Background).
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USE-1859-2018
1267 Fredericks Street
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1.0 COMMISSION’S PURVIEW
The Planning Commission’s (PC) purview is to review the project in terms of its consistency with the
City General Plan and Zoning Regulations, and other applicable policy documents.
2.0 PROJECT INFORMATION
Project Description
The applicant has provided a project description describing the requests details of the project
(Attachment 3, Project Description).
Project Statistics
High-Occupancy
Performance Standards Proposed 1 Ordinance Standard 2
Occupants 7 occupants 5 occupants
Minimum Area per Adult 323 sq. ft. 300 sq. ft.
Minimum Number of Bathrooms 3 3
Parking Spaces 6 6
Notes: 1. Applicant’s project plans (Attachment 4)
2. City Zoning Regulations 2015
3.0 PROJECT ANALYSIS
A high-occupancy use permit is required for residences at which more than five adults reside. The request
for a high-occupancy permit is considered a lower density development that is only permitted in the R-
1 and R-2 zones. Criteria for a high-occupancy use permit includes; a minimum of three hundred square
feet of gross floor area per adult, one off-street parking space per adult occupant less one, each required
parking space shall be of an all-weather surface, and there shall be a minimum of one bathroom for every
three adult occupants. The proposed project meets all of the performance standards required for the
approval of a high-occupancy use permit.
High-occupancy uses are required to be reviewed annually to ensure compliance with the provisions of
the Zoning Regulations Chapter 17.93 (Attachment 2, High-Occupancy Residential Use Regulations).
Violations of any of the provisions of the performance standards shall be the basis for enforcement action
by the city which may include revocation of any approved use permit.
The project is compatible with neighboring multi-family uses including apartment structures and
properties with multiple units. The project is consistent with the land use designation of the Medium-
Density Residential because the project provides a sense of both individual identity and neighborhood
cohesion in a more compact arrangement than Low-Density residential. Medium-density development
is appropriate as a transition from low-density development to higher densities. The required annual
review of the high-occupancy use permit encourages neighborhood stability by risk of revocation of the
use permit by the Community Development Department if any reasonable written complaint is received
from any citizen or from the Police Department, or upon receipt of evidence that the use is not in
compliance with conditions of approval or the City’s Municipal Code.
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USE-1859-2018
1267 Fredericks Street
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4.0 ENVIRONMENTAL REVIEW
The project is categorically exempt under Class 3, New Construction or Conversion of Small Structures;
Section 15303 of the CEQA Guidelines, because the project consists of the conversion of an existing
small structure from a single-family use to a high-occupancy residential use that consists of only minor
modifications to the exterior of the structure within an urbanized area, involving a negligible expansion
of the existing use that will not have a significant effect on the environment.
5.0 ALTERNATIVES
5.1 Continue the item. An action to continue the item should include a detailed list of additional
information or analysis required.
5.2 Deny the item. Deny the project based on findings of inconsistency with the Zoning
Regulations and/or other pertinent City standards. This alternative is not recommended,
because the project is consistent with the General Plan and Zoning Regulations, and further
evaluation could be accommodated in the review process.
6.0 ATTACHMENTS
1. Draft Resolution
2. Project Background
3. Project Description
4. Project Plans
5. High Occupancy Use Regulations, 2015
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RESOLUTION NO. PC-XXXX-18
A RESOLUTION OF THE SAN LUIS OBISPO PLANNING
COMMISSION APPROVING A HIGH OCCUPANCY RESIDENTIAL
USE TO PROVIDE FOR SEVEN OCCUPANTS WHERE NORMALLY
LIMITED TO FIVE. THE PROJECT IS CATEGORICAL EXEMPTION
FROM ENVIRONMENTAL REVIEW AS REPRESENTED IN THE
PLANNING COMMISSION AGENDA REPORT AND ATTACHMENTS
DATED DECEMBER 12, 2018 (1267 FREDERICKS STREET, USE-1859-
2018)
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, San Luis Obispo,
California, on December 12, 2018, pursuant to a proceeding instituted under USE-1859-2018,
SLOCA, LLC, applicant; and
WHEREAS, 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.
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. Based upon all the evidence, the Planning Commission makes
the following findings in support of the project approval that includes a High Occupancy
Residential Use within the Medium Density Residential (R-2) zone:
As conditioned, the use will not adversely affect the health, safety or welfare of persons living at
the site or in the vicinity because the site is of sufficient size to support the High-Occupancy
Residential Use and the proposed use complies with performance standards of the City’s Zoning
Regulations.
1. As conditioned, the proposed project is consistent with the General Plan Land Use Element
for this location since the project proposes to construct a mixed-use building that includes
convenience restaurants, office professional, and residential uses that can be utilized for
such uses envisioned by the Services and Manufacturing District.
2. The project is consistent with the Land Use Element Policy 2.2.12 (Residential Project
Objectives) and Housing Element Policy 7.1 (Neighborhood Quality) because it is
consistent with residential project objectives for conservation and development of
residential neighborhoods as it maintains the character, size, density, parking and quality
that preserves the neighborhood character and maintains the quality of life for existing and
future residents.
3. The project is consistent with the land use designation of the Medium-Density Residential
Attachment 1
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Resolution No. PC-XXXX-18
1267 Fredericks, USE-1859-2018
Page 2
because the project provides a sense of both individual identity and neighborhood cohesion
in a more compact arrangement than Low-Density Residential. Medium-density
development is appropriate as a transition from low-density development to higher
densities Land Use Element Policy 2.4.6 (Medium Density Residential).
4. The use is consistent with the General Plan because it provides housing located close to Cal
Poly that is likely to attract students and will reduce commute travel, Land Use Element
Policy 2.7.4 (Location).
5. The use is appropriate at the proposed location and will be compatible with surrounding
land uses that include existing apartment structures, properties with multiple units, and
higher density uses existing in the neighborhood.
6. The project meets all of the performance standards for High-Occupancy Residential Uses
in the Medium-Density (R-2) zone that includes adequate living space, parking, bathrooms,
and shall be in held accountable with periodic review, violations and enforcement, Zoning
Regulations Chapter 17.93 (High-Occupancy Residential Use Regulations).
SECTION 2. Environmental Review. The project is categorically exempt under Class
32, In-Fill Development Projects; Section 15332 of the State California Environmental Quality
Act (CEQA) Guidelines, because the project is consistent with General Plan policies for the land
use designation and is consistent with the applicable zoning designation and regulations. The
project site occurs on a property of no more than five acres substantially surrounded by urban
uses that has no value as habitat for endangered, rare or threatened species and is served by
required utilities and public services. The project has been reviewed by the City Public Works
Department, Transportation Division, and no significant traffic impacts were identified, based on
the size and location of the project.
SECTION 3. Action. The project conditions of approval do not include mandatory code
requirements. Code compliance will be verified during the plan check process, which may
include additional requirements applicable to the project. The Planning Commission does hereby
approve application USE-1197-2017, allowing a mixed-use project at 950 Orcutt Road subject to
the following conditions:
Planning Division
1. This Use Permit does not include the review of any exterior modifications of the building
and is limited to the use of the project site. Any new buildings or exterior modifications
shall be reviewed separately for consistency with the General Plan, Zoning Regulations,
Historic Preservation Guidelines and Community Design Guidelines.
2. This high-occupancy residential use permit shall be reviewed in one year to ensure
compliance with the conditions set forth in this use permit and the provisions of the City
of San Luis Obispo Zoning Regulations Section 17.93.060. It shall be the responsibility
of the property owner to initiate the review.
3. No more than seven adults may live in the residence at any time.
Attachment 1
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Resolution No. PC-XXXX-18
1267 Fredericks, USE-1859-2018
Page 3
4. Six parking spaces, to City standards, shall be available for parking on site at all times,
and shall meet driveway and parking standards.
5. The proposed use shall operate in conformance with the City Noise Ordinance (M.C.
Chapter 9.12, Noise Control) to maintain compatibility with the nearby residences and
businesses.
6. 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 activity as represented in the
applicant’s submitted project application materials and the staff report dated December
12, 2018, or in the event of a change in ownership which may result in deviation from the
project description or approved plans.
7. This Use Permit shall be reviewed by the Administrative Hearing Officer 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 insure on-going
compatibility of the uses on the project site, conditions of approval may be added,
deleted, modified, or the Use Permit may be revoked.
Indemnification
8. 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 City shall fully
cooperate in the defense against an Indemnified Claim.
Upon motion of _______________________, seconded by _______________________,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
RECUSED:
The foregoing resolution was adopted this 12th day of December 2018.
____________________________________
Xzandrea Fowler, Secretary
Planning Commission
Attachment 1
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Project Background – 1267 Fredricks Street
File No. USE-1859-2018 (previously USE-0038-2014)
BACKGROUND
On October 3, 2014, the high-occupancy residential use permit was approved by the Administrative
Hearing Officer with the existing residence historic listing and proposed modifications subject to review
by the Cultural Heritage Committee and City Council (USE-0038-2014).
On October 7, 2014, Steve and Kathie Walker, appealed the Administrative Use Permit identifying
concerns related to neighborhood quality and privacy (APPL-0409-2014).
On October 10, 2014, Residents for Quality Neighborhoods appealed the Administrative Use Permit
identifying concerns related to neighborhood wellness and stability (APPL-0420-2014).
On October 27, 2014, the Cultural Heritage Committee (CHC) recommended to the City Council to add
the property to the Contributing List of Historic Resources.
On December 27, 2014, the City Council approved the CHC recommendation and added the property to
the Contributing List of Historic Resources (HIST-0511-2014).
Prior to a scheduled hearing to review the appeals before the Planning Commission on February 11,
2015, the scale of the project was identified as a significant demolition and required greater
environmental review.
The previous administrative use permit application has since expired due to inactivity, and both appeals
have been refunded.
On June 11, 2018, an application for a building permit was summitted (BLDG-1161-2018) to provide a
minor one-story addition to the rear of the existing residence. The addition included two bedrooms
totaling in five bedrooms for the residence. The building permit was issued on September 12, 2018;
however, the addition has not yet been constructed.
Attachment 2
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Attachment 3
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Attachment 3
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Attachment 4Packet Page 85
Attachment 4Packet Page 86
Attachment 4Packet Page 87
City of San Luis Obispo
March 2015 Zoning Regulations
Page 253
Chapter 17.93: High-Occupancy Residential Use Regulations
Sections:
17.93.010 Purpose.
17.93.020 Definitions.
17.93.030 General requirements.
17.93.040 Performance standards.
17.93.050 Administration.
17.93.060 Periodic review, violations and enforcement.
17.93.010 Purpose.
This chapter is intended to promote the quality of life in low-density and medium-density
residential neighborhoods by ensuring that dwellings provide adequate support facilities.
(Ord. 1154 § 1 (part), 1990)
17.93.020 Definitions.
A. "Adult" means a person eighteen years of age and older.
B. "High-occupancy residential use" means any dwelling, other than a "residential care
facility" as defined in Section 17.100.180, in the R-1 or R-2 zones when the occupancy
of the dwelling consists of six or more adults.
C. "Tandem parking" means the arrangement of parking where no more than two cars are
arranged in tandem, one in front of the other. (Ord. 1154 § 1 (part), 1990)
17.93.030 General requirements.
A. Applicability. A high-occupancy residential use is allowed in the R-1 and R-2 zones
subject to the performance standards set forth in Section 17.93.040.
B. Relation to Zone Standards. Where this chapter does not contain a particular type of
standard or procedure, conventional zoning standards shall apply.
C. Exceptions or Variances. Nothing in this section prohibits applicants from requesting
exceptions or variances from the strict interpretation of zoning regulations to the extent
allowed by said regulations for any use. (Ord. 1154 § 1 (part), 1990)
17.93.040 Performance standards.
A. Upon approval of an administrative use permit, as defined by Chapter 17.58, a high-
occupancy residential use may be established with occupancy of six or more adults.
The purpose of the use permit is to ensure compliance with the performance standards
described in this section, and to ensure the compatibility of the use at particular
locations.
Attachment 5
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City of San Luis Obispo
Zoning Regulations March 2015
Page 254
1. The dwelling must contain a minimum three hundred square feet of gross floor
area, less garage area, per adult.
2. The parking requirement shall be the greater of:
a. The number of spaces required for dwellings as described in Section
17.16.060; or
b. One off-street parking space per adult occupant, less one.
3. The parking of one vehicle within a required street yard or setback is allowed.
Parking in other yards is prohibited.
4. Each required parking space shall be of an all-weather surface.
5. Upon approval of the community development director, parking may be provided in
tandem.
6. There shall be a minimum of one bathroom provided for every three adult
occupants.
7. The dwelling must meet all current building, health, safety and fire codes and have
been built with all required permits. (Ord. 1154 § 1 (part), 1990)
17.93.050 Administration.
A. Permit Requirement. For high-occupancy residential uses with six or more adult
occupants, the applicant shall apply for and obtain an administrative use permit as
defined by zoning regulations. The applicant shall submit and certify the following
information as part of the application for an administrative use permit:
1. Address of dwelling;
2. A site plan which shows:
a. The entire boundary of the site as well as adjacent structures within twenty
feet;
b. The number and location of off-street parking spaces;
c. The gross floor area of the dwelling in square feet;
d. The floor plan for the dwelling with the rooms clearly labeled;
3. The number of proposed adult occupants;
4. Owner’s signature;
Attachment 5
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City of San Luis Obispo
March 2015 Zoning Regulations
Page 255
5. Any other information deemed necessary by the community development director.
(Ord. 1154 § 1 (part), 1990)
17.93.060 Periodic review, violations and enforcement.
A. Period Review. High-occupancy residential uses shall be reviewed annually to ensure
compliance with the provisions of this chapter. The use permit shall be reviewed
annually for compliance with this chapter. It shall be the responsibility of the property
owner to initiate the review and pay applicable fees.
B. Violations. Violation of any of the provisions of this chapter shall be the basis for
enforcement action by the city which may include revocation of a previously approved
use permit. (Ord. 1154 § 1 (part), 1990)
Attachment 5
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