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HomeMy WebLinkAboutPC-1018-18 (USE-1859-2018 -- 1267 Fredericks Street)RESOLUTION NO. PC-1018-18 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: 1. 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. 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 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). Resolution No. PC- 1018-18 1267 Fredericks, USE-1859-2018 Page 2 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-1859-2018, 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 (December 12, 2019) 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. 4. Prior to occupancy by more than five persons the existing driveway shall be improved with an all weathered surface, and four all weathered parking spaces shall be provided with ally access per the attached project plans and shall be available for parking on site at all times, consistent with driveway and parking standards. Resolution No. PG1018-18 1267 Fredericks, USE-1859-2018 Page 3 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 Commissioner McKenzie, seconded by Commissioner Wulkan, and on the following roll call vote: AYES: Commissioners Jorgensen, McKenzie, Quincey, Wulkan NOES: Commissioners Dandekar, Vice -Chair Stevenson and Chair Fowler ABSENT: None RECUSED; None The foregoing resolution was adopted this 121h day of December 2018. Xzandrea Fowler, Secretary Planning Commission