HomeMy WebLinkAboutItem 6b. Review of an Appeal of the Planning Commission's Decision to Approve a Conditional Use Permit to Establish a Fraternity (USE-0331-2023, APPL-0365-2024) Item 6b
Department: Community Development
Cost Center: 4008
For Agenda of: 10/15/2024
Placement: Public Hearing
Estimated Time: 60 minutes
FROM: Timmi Tway, Community Development Director
Prepared By: Hannah Hanh, Associate Planner
SUBJECT: REVIEW OF AN APPEAL OF THE PLANNING COMMISSION’S
DECISION TO APPROVE A CONDITIONAL USE PERMIT TO ESTABLISH
A FRATERNITY (USE-0331-2023, APPL-0365-2024)
RECOMMENDATION
Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis
Obispo, California, denying an appeal and upholding the Planning Commission’s decision
to approve 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 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 council agenda report and attachments dated
October 15, 2024 (USE-0331-2023, APPL-0365-2024).”
REPORT-IN-BRIEF
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 (Attachment C – Project Description,
Attachment D – Project Plans). 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 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.
On June 12, 2024, the Planning Commission reviewed the request for a Conditional Use
Permit by the Applicant. After considering all evidence, including the application, staff’s
evaluation and recommendation, and public testimony, the Planning Commission
conditionally approved the project, subject to the findings and revised conditions of
approval (Resolution No. PC-1085-24, Minutes).
Page 513 of 560
Item 6b
On June 24, 2024, Residents for Quality Neighborhoods (Appellant) filed a timely appeal
of the Planning Commission’s decision to approve the Conditional Use Permit (APPL-
0365-2024) (Attachment B – Appeal Form and Statement). As described in the Appeal
Form and Statement, the Appellant does not concur with the findings and requests that
additional and/or revised conditions be imposed to address concerns related to large
gatherings, noise, and ongoing enforcement of the conditions of approval.
DISCUSSION
Policy Context
Per Table 2-1 (Uses Allowed by Zone), establishment of a fraternity requires approval of
a Conditional Use Permit in the High-Density Residential (R-4) zone. Approval of the
Conditional Use Permit 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 Findings), to ensure consistency with
the General Plan and Zoning Regulations and for compatibility of the proposed fraternity
with existing and future land uses in the vicinity.
As proposed, the project is consistent with the intent of both the High-Density Residential
land use designation and zone, which allow dense housing in proximity to concentrations
of employment and college enrollment. In addition, the project would advance Land Use
Element Policy 2.6.5 (Fraternities & Sororities) and Housing Element Policy 8.5 (Special
Housing Needs) by locating a fraternity in a High-Density residential area within 0.25-mile
of Cal Poly SLO campus.
Background
The project site was previously approved and used for fraternity activities. 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 (Attachment B – Resolution 5323-01 of Appeal Form and Statement). Due to
inactivity, this Use Permit (U 86-01) expired in 2021.
To accommodate an updated project description for Lambda Chi Alpha, the A pplicant has
applied for a new Conditional Use Permit to utilize the entire project site for a fraternity
with up to 24 residents.
Prior Actions
On June 12, 2024, the Planning Commission reviewed the request for a Conditional Use
Permit by Lambda Chi Alpha. After considering all evidence, including the application,
staff’s evaluation and recommendation, and public testimony, the Planning Commission
voted 5-0 to conditionally approve the project, subject to the findings and revised
conditions of approval (Resolution No. PC-1085-24, Minutes).
Page 514 of 560
Item 6b
In response to concerns raised in public comment for the Planning Commission hearing1,
the conditions of approval were revised to include Conditions No. 14 through 16 , listed
below, with any subsequent conditions renumbered as appropriate:
Condition No. 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 p.m. and 9:00 a.m., except as approved in writing as a special event by the
Community Development Director.
Condition No. 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.
Condition No. 16: Live entertainment, bands, and/or amplified sounds are
prohibited, unless otherwise approved through a special event by the Community
Development Department.
To address concerns related to noise identified by both the public and the Planning
Commission, and upon specific direction from the Planning Commission, Conditions No.
14 and 16 were included to require an extended range of hours between 10:00 p.m. and
9:00 a.m. (instead of only between 10:00 p.m. and 7:00 a.m. as required by the Municipal
Code) for regular compliance with a lower exterior noise limit, and to clearly identify that
approval of a special event is required prior to conducting any amplified noise-generating
activities. To address the public’s concerns related to the notification of special events,
Condition No. 15 was included to establish and require ongoing communication between
the fraternity and its neighbors in the vicinity.
On June 24, 2024, Residents for Quality Neighborhoods filed a timely appeal of the
Planning Commission’s decision to approve the Conditional Use Permit (APPL -0365-
2024) (Attachment B – Appeal Form and Statement). As described in the Appeal Form
and Statement, the Appellant supports the request for the Use Permit, but does not concur
that there are sufficient conditions to support Findings No. 5 and 6, listed below:
Finding No. 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.
1 Agenda Correspondence for June 12, 2024 Planning Commission Hearing
Page 515 of 560
Item 6b
Finding No. 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, o r
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.
The Appellant requests that additional and/or revised conditions be imposed to address
concerns related to large gatherings, noise, and ongoing enforcement of the conditions
to ensure that the use will not be detrimental to the health, safety, and welfare of persons
living or working in the area.
Appeal
The Appeal Form and Statement identifies seven (7) issues, which are summarized and
discussed in the following analysis.
Appeal Issue No. 1 – Consistency with Conditions in Older Conditional Use Permits
Approvals
Throughout the Appeal Statement, the Appellant states that older Conditional Use
Permits approvals for fraternities contain more restrictive conditions that should be
applied to this Conditional Use Permit application (USE -0331-2023) for consistency
between approvals and to address concerns related to the compatibility of the proposed
fraternity with existing and future land uses in the vicinity (Attachment B – Pages 1, 3,
and 4 of Appeal Statement, Resolution No. 5323-01).2
Staff Response
It is noted that the older Conditional Use Permits mentioned in the Appeal Statement (and
identified in public comment for the Planning Commission hearing1) were approved
between 1983 and 2013.
Since the approval of these older Conditional Use Permits, there have been incremental
improvements as codified changes to the Municipal Code that directly address concerns
related to noise, public disturbances, and other disorderly conduct, regardless of a Use
Permit approval. Many of these code requirements are outlined in Title 9 (Public Peace,
Morals, and Welfare) with key chapters applicable to fraternity activities listed below:
2 Requests to add and/or revise specific conditions are identified and analyzed in the following sections as
Appeal Issues No. 2 through 7.
Page 516 of 560
Item 6b
Chapter 9.12 (Noise Control)
o Ordinance adopted in 1985, latest revision in 2010
Chapter 9.13 (Unruly Gatherings)
o Ordinance adopted in 2010, revised in 2015
Chapter 9.22 (Safety Enhancement Zones)
o Ordinance adopted in 2004, latest revision in 2024
Standard conditions for fraternities and sororities, outlined in Section 17.86.130(A)
(Fraternities and Sororities – Applicability), were also established as part of the
comprehensive update to Title 17 (Zoning Regulations) in 2018. These standard
conditions limit the number of permitted residents, regulate the number of attendees for
meetings and gatherings, require affiliation and good standing with the university, and
establish a responsible contact for the fraternity.
As such, the implementation of these preceding code requirements and incorporation of
updated standard conditions for fraternities are taken into consideration in the review of
a more recent Conditional Use Permit application. In addition, should there be any
imprecise language in past conditions that can, and should be, improved in a manner
consistent with both Municipal Code limitations and constitutional requirements, staff
recommends more precise language to reflect legally compliant conditions and enhance
clarity in enforcement. These Municipal Code changes and improvements to language in
the conditions are reflected in the following Staff Responses to Appeal Issues No. 2
through 7.
Appeal Issue No. 2 – Special Events and Noise Ordinance (Chapter 9.12 Noise Control)
The Appellant states that the approval of a special event permit does not allow exceptions
from exterior noise limits established in Chapter 9.12 (Noise Control) (Attachment B –
Pages 1 and 3 of Appeal Statement).
Staff Response
To provide clarification, Section 9.12.100 (Exceptions) states the noise control officer
(e.g., Community Development Director) may grant exceptions from the provisions of
Chapter 9.12 (Noise Control), if deemed appropriate. Any requested exceptions would be
reviewed as part of a special event permit in accordance with Section 17.86.260(B)(5)
(Other Temporary or Intermittent Uses and Special Events) and Chapter 17.108
(Director’s Action). Approval of a special event permit with requested noise exceptions is
subject to requirements, outlined in Section 17.108.040 (Director’s Action – Required
Findings) and Section 9.12.100(A) (Noise Control – Special Exceptions), in order to
provide for adequate consideration of, and measures to address, any adverse impact on
the public health, safety, and welfare of those in the vicinity.
Page 517 of 560
Item 6b
To address concerns related to noise and public disturbances, Conditions No. 5, 14, and
16 require approval of a special event permit by the Community Development Director
prior to any meeting or gathering with more than 48 people and/or amplified noise-
generating activity occurring.
Appeal Issue No. 3 – Limitations on Gatherings
The Appellant is requesting a revision to Condition No. 14 that limits the number of people
on the premises to only residents between the hours of 10:00 p.m. and 9:00 a.m., similar
to older Conditional Use Permit approvals for other fraternities issued in the past
(Attachment B – Page 3 of Appeal Statement, Condition No. 6 of Resolution No. 5323-
01).
Staff Response
People in private residences (e.g., residents of the fraternity) are legally allowed to gather
and meet with guests without government interference into their private residences,
relationships, and associations, provided that the number and conduct of those residents
and guests conform to applicable regulations. Due to constitutional concerns with placing
a condition that limits the type of people in private residences (i.e., residents vs. non-
residents), Condition No. 14 was written to directly address noise concerns by identifying
an extended range of hours between 10:00 p.m. and 9:00 a.m. for regular compliance
with a lower exterior noise limit.
In addition, the Municipal Code includes applicable regulations on the number and
conduct of people, as it pertains to protection of the public peace and welfare, to address
concerns related to noise and disturbances that may be created by large gatherings:
Chapter 9.12 (Noise Control)
o Prohibited noise-generating acts and exterior and interior noise limits are
identified to protect the peace and quiet.
Chapter 9.13 (Unruly Gatherings)
o Unruly gatherings, as defined in Section 9.13.020(E), are identified as public
nuisances and prohibited to protect the public peace and welfare.
Chapter 9.22 (Safety Enhancement Zones)
o During specific periods of time in the year (i.e., holidays such as Mardi Gras,
St. Patrick’s Day, and Halloween, and start of the fall term for Cal Poly), the
City is designated as a safety enhancement zone, which includes enhanced
penalties for violations of certain provisions in the Municipal Code, as
outlined in Section 9.22.020 (Safety Enhancement Zone Penalties and
Violations), to protect the public health, safety, and welfare.
Page 518 of 560
Item 6b
Due to constitutional concerns regarding government interference into private residences,
relationships, and associations, staff does not recommend adding or revising a condition
to limit the type of people in private residences. This appeal issue is addressed through
incorporation of Condition No. 14 as well as requirements and enforcement actions
detailed in Chapter 9.12 (Noise Control), Chapter 9.13 (Unruly Gatherings), and Chapter
9.22 (Safety Enhancement Zones).
Appeal Issue No. 4 – Re-review of Conditional Use Permit
The Appellant is requesting either an additional condition, or revision to Condition No. 3,
to require re-review of the Conditional Use Permit by the Planning Commission once a
certain number of violations is received within a specified timeframe, similar to older
Conditional Use Permit approvals for other fraternities issued in the past (Attachment B
– Page 4 of Appeal Statement, Condition No. 10 of Resolution No. 5323-01).
Staff Response
As proposed, Condition No. 3 does not identify a minimum number of violations within a
specified timeframe to require re-review by the Planning Commission. The lack of an
established threshold would allow staff to refer the Conditional Use Permit to the Planning
Commission for re-review upon receipt of any substantiated violation or frequency of
violations. As written, Condition No. 3 allows staff to refer the Use Permit for re-review
upon receipt of one (1) violation, which is more restrictive than the requested revision to
establish a threshold. Additionally, staff does not recommend identifying a minimum
number of violations to require re-review by the Planning Commission as that may signal
that certain violations within that number are excusable. Therefore, this appeal issue has
been addressed through incorporation of Condition No. 3.
Appeal Issue No. 5 – Written Complaints
The Appellant is requesting a revision to Condition No. 3 to not require written complaints
in order for a reporting party to maintain anonymity (Attachment B – Page 4 of Appeal
Statement).
Staff Response
In order for staff to determine whether a violation has occurred, written complaints provide
and document critical information regarding a potential violation (e.g., details related to
the date, time, description of activity, etc.). As proposed in Condition No. 3, the City may
receive written complaints from any citizen or City staff member (e.g., Code Enforcement
Division, Fire Department, Police Department, etc.). If substantiated complaints which
result in violations are received, staff will refer the Conditional Use Permit to the Planning
Commission for re-review. Re-reviews are initiated by staff and supported by documented
violations (i.e., Notices of Violations). The contact information of a reporting party from
the general public is not included as part of supporting documentation for the re-review
and would be redacted from public records. Therefore, staff does not recommend revising
the condition to not require written complaints.
Page 519 of 560
Item 6b
Appeal Issue No. 6 – Accumulation of Violations
The Appellant is requesting an added condition that states violations are accumulated
against the parcel, instead of individual addresses (Attachment B – Page 4 of Appeal
Statement).
Staff Response
The scope of this Conditional Use Permit is to establish a fraternity for up to 24 residents
throughout all six (6) units, inclusive of individual addresses, located on the parcel. As
such, there would be one (1) Conditional Use Permit to regulate fraternity activities for the
entire premises. Any violations would be documented as part of, and assessed against,
the Use Permit. Therefore, this appeal issue has been addressed through the scope of
the Conditional Use Permit application.
Appeal Issue No. 7 – Compliance with Conditions of Approval and Requirements of
Federal, State, and Local Law
The Appellant is requesting to include the following statement as an additional condition
(Attachment B – Page 4 of Appeal Statement):
“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.”
Staff Response
As indicated in Condition No. 3, the Conditional Use Permit may be re -reviewed by the
Planning Commission if a complaint containing information and/or evidence to support a
conclusion that a violation of the conditions or City Ordinances or regulations, which are
intended to protect the health, safety, and welfare of the general public, has occurred. In
addition, Section 17.02.050 (General Relationship to Other Regulations) states that any
uses authorized by Title 17 (Zoning Regulations) must comply with all other applicable
regulations and requirements imposed by the State and relevant Federal agencies,
including application of the more restrictive provision if a conflict occurs between different
provisions from different agencies. Re-review of any Use Permit may result in added,
modified, and/or removed conditions of approval, or revocation of the Use Permit. It is
noted that procedures detailed in Chapter 17.132 (Enforcement), specifically Section
17.132.020(B) (Time Limits for and Revocation of Use Permits, Variances, and Home
Occupation Permits), allow the Use Permit approval to be revoked if the conditions of
approval have been violated. Therefore, this appeal issue has been addressed through
incorporation of Condition No. 3 and implementation of requirements and enforcement
actions in Section 17.02.050 (General Relationship to Other Regulations) and Chapter
17.132 (Enforcement).
Page 520 of 560
Item 6b
Public Engagement
The project has been noticed in compliance with the City’s notification requirements for
Development Projects for each public hearing associated with the project. Newspaper
legal advertisements were posted in the New Times ten (10) days prior to the Planning
Commission and City Council hearings. Additionally, postcards were sent to both owners
and occupants of properties, located within 300 feet of the project site, ten (10) days prior
to each hearing.
CONCURRENCE
The project has been reviewed by the Planning Division, Engineering Division, Building
Division, and Fire Department. Any conditions of approval from these departments and
divisions have been incorporated into the Draft Resolution (Attachment A).
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 fratern ity would
continue the residential use with minor site improvements related to parking (e.g., parking
space restriping, installation of wheel stops, etc.) and landscaping (e.g., pruning,
maintenance, etc.). The project does not include construction of a ne w building or
additional building square footage. Therefore, the project involves no expansion of the
former residential use.
FISCAL IMPACT
Budgeted: No Budget Year: 2024-25
Funding Identified: No
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $0 $0 $0 $0
State
Federal
Fees
Other:
Total $0 $0 $0 $0
Consideration by the City Council of an appeal of a decision made by the Planning
Commission does not directly result in expenditure of funds and thus has no fiscal impact
to the City. Staff resources committed to the review of appeals are included in the annual
budget appropriation for the Community Development Department.
Page 521 of 560
Item 6b
ALTERNATIVES
1. Continue review of the appeal and the Conditional Use Permit. The City
Council may continue the review of the appeal and the Conditional Use Permit with
direction to staff if additional information or analysis is required to make a decision.
2. Uphold the appeal and deny the Conditional Use Permit. The City Council may
uphold the appeal and deny the project with direction to staff for findings that cite
the basis for denial and reference inconsistency with the General Plan, Zoning
Regulations, or other policy documents.
3. Partially uphold the appeal and approve the Conditional Use Permit with
revised findings and/or conditions. The City Council may partially uphold the
appeal on one (1) or more appeal issues and approve the project with revised
findings and/or conditions of approval.
ATTACHMENTS
A - Draft Resolution denying the appeal and upholding the Planning Commission’s
decision to approve the Conditional Use Permit to establish a fraternity (USE-0331-
2023, APPL-0365-2024)
B - Appeal Form and Statement (APPL-0365-2024)
C - Project Description (USE-0331-2023)
D - Project Plans (USE-0331-2023)
Page 522 of 560
R _______
RESOLUTION NO. ______ (2024 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO DENYING AN APPEAL AND UPHOLDING THE PLANNING
COMMISSION’S DECISION TO APPROVE A CONDITIONAL USE
PERMIT TO ESTABLISH A FRATERNITY AT 1264 AND 1264 ½ EAST
FOOTHILL BOULEVARD AND 1241, 1243, 1249, AND 1251 MONTE
VISTA PL ACE. 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 COUNCIL AGENDA
REPORT AND ATTACHMENTS DATED OCTOBER 15, 2024 (USE-0331-
2023, APPL-0365-2024)
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 conditionally
approved the Conditional Use Permit, USE-0331-2023, after duly considering all
evidence, including testimony of the applicant and general public and evaluation and
recommendations by staff presented at said hearing; and
WHEREAS, Residents for Quality Neighborhoods filed a timely appeal of the
Planning Commission’s decision to approve the Conditional Use Permit, APPL -0365-
2024, on June 24, 2024; and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public
hearing in the Council Chamber of City Hall, 990 Palm St reet, on October 15, 2024, for
the purpose of considering the appeal of the Planning Commission’s decision to approve
the Conditional Use Permit, APPL-0365-2024, and has duly considered all evidence,
including the record of the Planning Commission hearing; testimony of the applicant,
appellant, and general public; and evaluation and 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 City Council of the City of San Luis
Obispo as follows:
Page 523 of 560
Resolution No. _____ (2024 Series) Page 2
R _______
SECTION 1. Findings. The City Council hereby denies the appeal and grants final
approval for the project (USE-0331-2023, APPL-0365-2024), 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 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 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 and
landscaping 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.
Page 524 of 560
Resolution No. _____ (2024 Series) Page 3
R _______
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
wheel stops, etc.) and landscaping (e.g., pruning, maintenance, 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 City Council hereby denies the appeal and grants final
approval to the project (USE-0331-2023, APPL-0365-2024) 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 Council Agenda Report dated October 15, 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 Council Agenda Report dated October 15,
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.
Page 525 of 560
Resolution No. _____ (2024 Series) Page 4
R _______
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. If 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 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
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 improvement 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
Page 526 of 560
Resolution No. _____ (2024 Series) Page 5
R _______
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 ½
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.g., change in use and/or
new construction) are proposed for this area.
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 p .m. and
9:00 a.m., 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 i nclude
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 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.
Page 527 of 560
Resolution No. _____ (2024 Series) Page 6
R _______
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 storage/shop.
Indemnification
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 (“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 Council Member ______, seconded by Council Member ______, and
on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was passed and adopted this ______ day of ___________ 2024.
_________________________________
Mayor Erica A. Stewart
ATTEST:
_____________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
_____________________________
J. Christine Dietrick
City Attorney
Page 528 of 560
Resolution No. _____ (2024 Series) Page 7
R _______
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of San Luis Obispo, California on ___________________.
___________________________
Teresa Purrington
City Clerk
Page 529 of 560
Page 530 of 560
HECEIVED
JUN 2 470?4
SLO CIW CLERK
Filing Fee
fl npplicant: $ 1,862.77 Non-applicant $ 745.35
For Office Use Received by:_
APPEAL TO THE CITY COUNCIL
SECT'OA/ 1. APPELLANT INFORMATION
3otu sta q
Name
Nla
Mailing ress and Zip Code
Yqtt. bocrrcl @, aJ/@ " catrL
€mail )
Phone
Representative's Ndrhe Mailing Address and Zip Code
Title Phone Email
SECT'O'V 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 or Title 17, Chapter 17J26 of the San Luis Obispo Municipal Code, I hereby
appeal the decision of the:
Plan",in A
[-oyru'.u tEton
(Name , Committee or Commission decision being qRRealed)
2. The date the decision being appealed was rendered J t2 2oz-4
3. The apptication or project was entitled , R.ure* Ca,ndl+r;.ol ils.?e;-t*t, flse-azet-uzS)
to LsI tr"tet {-c
4. I discussed the matter with the following City staff member:
F[*tr..oh F{o-"rh C.,.^. nr,,^nt* l}-,.rel.'o* ., #on ?3
lStaff nrtemnert t,ta''ry'e anO' Od-plriminS (Date)
5. Has this matter been the subject of a previous appeal? lf so, when was it heard and by whom
}J,t
SECTION 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 I of 2
r"\e- c.ls.
Reason for Appeal continued
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SECT'ON 4. APPELTATVT'S RESPONS IBI LITY
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 lili!g@, 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 must 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 andlor send a representative to appear on my behalf when
said appeal is scheduled for a public hearing before the City Council.
-L4-2
(Signature of nQ (Date)
Deliver to:
City Glerk's Office
990 Palm Street
San Luis Obispo, CA 93401
08122 updale 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 Ghi Alpha may have on neighbors in
the vicinity - and we want to get it right. Since the CUP 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 CUP'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 lowdensity residential neighborhood which is in very
close proximity to the fraternity house(s). We, and others who provided wriften 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 petmit.
I. BACKGROUND
There are 18 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
CUPs so there are still 11 fraternities without GUPs even though each of the fraternities has at
least one fraternity house. The seven previous GUPs 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 GUP for 1264E. Foothillwith more restrictive conditions (See
attached: Original CUP 1264 E. Foothill ,2001-2021). We believe it is important for there to be
consistency among the fraternity CUP's.
The present CUP tor 1264 E. Foothillwas prepared by City Staff based on the most recent GUPs
for sororities in 2016 and 2O21. 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-pafi
venues, but mostly the sororities at Gal Poly atrend fraternity parties at fraternity houses in San
Luis Obispo neighborhoods.
Gal Poly posted a report online, mandated byAssembly 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 Gal Poly's campus.
We agree. ln fact, this is addressed in the Gity's General Plan:
Land Use Element: Poticy 2.6.5: Student and Campus Housing, Fraternities & Sororities:
The Gity shall work with Cal 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
highdensity residential areas near campus. (Adopted 20141
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 Cal Poly's final Master Plan. Therefore, the burden of the
adverse impacts of Gal Poly's fraternity houses falls onto the City and its neighborhoods. The
high-density residential areas (R4) 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 CUP 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 GUP for Lambda Ghi Alpha in orange. The fraternity is a couple
hundred feet from the R-1 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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I lCn: Lambda ChiAlpha, CUP approved6l12l2024
I nCnr Rlpna Gamma Rho, 1997; OC: Delta Chi, 1998; SN: Sigma Nu, 1 992 & 200512008; PKP: Phi Kappa Psi, 2013; AEP: Alpha Epsilon Pi, 1 983
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DU Delta Upsilon,2009
720 E. Foothill Blvd
ru. CONDITIONS OF THE CONDITIONAL USE PERMIT FOR 1264E. FOOTHILL BLVD
After discussing two new conditions, {4 and 15, the Commission 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 Condition#14, which the Gommission said was based on specific
requests from the public, was changed from the wording of the previous GUP (Resolution
#5323-01, Gondition #6) when staff redrafted the language during that break.
Several individuals provided written and/or oral comments, recommending that this GUP be
consistent with the previous GUP 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 special event permit). However, Gondition #5 says that routine meetings and
gatherings for the fraternity are limited to a maximum of 48 people wiiltout 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.r This appears to be a misrepresentation and to give a false impression
to the fraternity andthe communityr 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 partyl, 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 CUP to imply that a special
event permit could be issued to allow a fraternity event after {0 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 Gity.
Additionally, it is also not reasonable for the CUP to imply that the fraternilt 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.
lAttorney Markie Kersten said, "[Mly 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 grants to not complv with our noise
ordinance or other code requirements..." Community Development Deputy Director, Tyler Gorey
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 mioht have times when noise
The Gommission suggested that if the fraternity received four violations of the Gity's noise
ordinance or property maintenance regulations within 12 months, the CUP would automatically
be reviewed by the Planning Gommission. This was recommended in public correspondence,
and a similar condition (#10) was included in the previous GUP for this property. City Staff Tyler
Corey said that condition is already covered in the GUP in Condition #3. However, there is a
distinct difference between Condition #3 and the condition proposed by the Commission.
Condition #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 wriften complaint was filed regarding noise violations of a different
fraternity's CUP. 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 CUP was filed in June 2024 included
those additional five noise complaints.
Without enforcement of the conditions, a GUP is meaningless. As the Gommission said during
the hearing, the GUP needs to have teeth.
The Commission also suggested violations should accumulate against the parcel (APN #052-
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 CUR 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 CUPs, 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 adverce 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 Gityr 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.
4
PLANNING COMMISSION
RESOLUTION NO. 5323-01
A RESOLUTION OF.THE SAN LUIS OBISPO PLANNING GOMMISSION
APPROVING A USE FERMIT TO ALLOW A FRATERNITY AT
PROPERTY LOCATED ON FOOTHILL BOULEVARD BETWEEN
CALIFORNIA AND CRANDALL WAY;
1264 AND 1264Y2FOATHILL (U 86-01)
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 October 10, 2001, for the purpose of considering Application U 86-01,
Use Permit to allow a fraternity at 1264 and 1264 Yz Footltill Boulevard; and
WHEREAS, notices of said public hearing were made at the time and in the
manner required by law; 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.
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 findings:
The proposed use, as conditioned, will not be detrintental to the health, safety and
welfare of persons living or working in the area, because limits on hours for events
and numbers of persons allowed on site will restrict activities and limit disturbances
to neighbors.
The subject use is appropriate at the proposed location, and will be compatible with
surrounding land uses 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 Commission use permit.
S. The proposed use is exempt from environrnental review requirements because it is a
residentlal use similar to the existing uses on the property (Class 1, Existing
Facilities, Section 15301 of the CEQA Guidelines)'
Section 2. Action. The Planning Commission approved Use Permit, U 8&01,
subject to the following conditions:
1
2
' Resolution No. 5323-0'l
Page 2
t
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 aZ{-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 9 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.
.Annualtraining of all members in community relations.
.A prograrir 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 ihe director for review
each year. Failure to exercise reasonable efforts to implement said plan may be
grounds for revocation of this permit.
8. 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
'r 'Resolution No. 5323-01
Page 3
AYES:
NOES:
REFMIN:
ABSENT:
I
significant and may have an adverse impact on the'neighborhood, then it will be
referred to the Planning Commission for consideration.
9. 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 permit, 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.|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 property 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 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 revocation of this permit.
On rnotion by Commr. Cooper, seconded by Commr. Aiken, and on the following roll
callvote:
Commrs. Caruso, Cooper, Aiken and Boswell
Commrs. Peterson and Osborne
None
Commr. Loh
The foregoing resolution was passed and adopted this 1Oth day of October,2001.
Ron
Planning Com on Secretary
RESOLUTTON NO. PC-1085-24
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO PLANNING
COMMISSION APPROVING A CONDITIONAL USE PERMIT TO
ESTABLISH A FRATERNITY AT 1264 AND 1264'/z EAST FOOTHILL
BOULEVARD AND 1241, 1243, 1249, AND 1251 MONTE VISTA PLACE.
THE PROJECT TNCLUDES A REQUEST TO PROVIDE TWO (2)
PARKING SPACES IN TANDEM ON AN EXISTING DRIVEWAY ALONG
EAST FOOTHILL BOULEVARD. THE PROJECT IS EXEMPT FROM
ENVTRONMENTAL REVIEW UNDER SECTION 15301 (EXISTING
FAC|LIT|ES) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEOA} GUIDELINES AS REPRESENTED IN THE STAFF REPORT AND
ATTACHMENTS DATED JUNE 12, 2024 (USE-0331-2A23I
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-0331-2A23r, 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 Cal Poly campus, and (c) utilize
an existing developed property with minor site improvements (i.e., parking and
landscaping improvements).
4. The site is physically suitable in terms of (a) its design, Iocation, shape, size, and
operating characteristics of the project; (b) traffic generation and the provision of
public and emergency vehicle (e.9., fire and medical) access; (c) Public protection
services (e.9., 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 potentialdisturbances to neighboring
properties. The project will be compatible with the eiisting site constraints antJ the
character of the neighborhood.
6. As conditioned, the establishment and subsequent operation or conduct of the
project will not, because of the circumstances a;rd 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 foofage.
Therefore, the project involves no expansion of the former residential use.
Resolution No. PC-1 085-24
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 Develapment Department
1. Plans submitted forthe building and/orsite improvements permit(s) (i.e^, parking
lot improvements)shall be in subsiantial conformance with the project description
and plans represented in the Staff Report dated June 12,2A24.
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 Ccinditional 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 frorn 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 Perrnit, 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 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 University, 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-1085-24
usE-0331-2023
1264 and 1264 % East Foothill: 1241, 1243, 1249, and 1251 Monie Vista Page 4
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. lf there is a change to the name
and/or contact information of any responsible parties, the Community
Development Depadment and Neighborhood Services Manager shall be notified
immediately.
B. 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.
L 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.
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 rninimum of 18 long-term bicycle
spaces and a minimum of six (6) short-terrn 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.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 far 1264 lz
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 % East 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
othenruise approved through a special event by the Community Development
Department.
Engineering Division - Community Develapment / 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 forthe 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.
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:
Resolution No. PC-1 085-24
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 2A24.
Page 546 of 560
Lambda Chi Alpha - Phi Sigma Zeta
1264 East Foothill Blvd.
San Luis Obispo, CA 93405
1 (925) 785-5278
Conditional Use Permit
1st June 2024
General Property Information
Zoning: R-4
Total Square Footage: 4,100 sqft (4 Units)
Attached are CAD drawings for the property with all the relevant measurements. Please
note that the drawings are times 2 given that the duplexes are mirrors of each other.
Parking Spaces: 19 total (6 front, 7 back, 6 garage)
ATTACHMENT C
Page 547 of 560
Description of Use
The PSZ House Corporation acquired 1264 East Foothill Blvd. in March of 2022. PSZ
House Corporation is a non-profit, tax-exempt corporation, recognized by the IRS as a 501(c)(3)
charitable foundation. Its mission is to provide safe, clean, affordable student housing near the
Cal Poly campus. They have owned student housing properties in the City of San Luis Obispo
since 1980, the most recent at 1292 East Foothill Blvd. and just two parcels up from 1264 East
Foothill Blvd. Lambda Chi Alpha – Phi Sigma Zeta resided at that property with a Conditional
Use Permit with the City from 1998 to 2021 prior to the property being sold.
Since the acquisition of 1264 East Foothill in March of 2022, PSZ House Corporation has
renovated all four structures on the property, encompassing many areas, including but not limited
to electrical upgrades, new roofing, plumbing enhancements, structural reinforcement, and new
flooring throughout. Furthermore, the property has undergone extensive remodeling of six full
kitchens and six full bathrooms and further upgrades to all appliances in each dwelling. After
completing these renovations, the property’s resident capacity is 24 tenants comfortably spread
across 12 bedrooms on the over half-acre parcel. These renovations were conducted to bring the
property up to code and provide all residents with safe, suitable, and comfortable living
conditions.
1264 East Foothill is also ideal from a parking perspective with 18 spaces total, nine
outside spaces at the front of the property, four outside spaces in the back, and five garage spaces
spread throughout the property. Given the well-known parking challenges for student housing
projects along East Foothill Blvd., granting Lambda Chi Alpha a Conditional Use Permit will not
further burden the neighborhood. In regards to noise, the structures of this property are far taller
than our last property which will help tremendously with keeping noise down and not
unnecessarily disturbing the neighborhood.
Until March of 2022, the 1264 East Foothill property was owned by a Private Family Trust
and was leased to Cal Poly’s Alpha Omicron Pi sorority for decades. During this time Alpha
Omicron Pi held a Conditional Use Permit to operate as a fraternal organization with the City of
San Luis Obispo. This property is surrounded by student and Greek-life housing with the Alpha
Phi sorority next door. This specific area, steps from the Cal Poly campus, provides an ideal
location for student housing with many Greek organizations that have Conditional Use Permits
with the City. There is a sense of community for the students, promoting both community
involvement and academic success.
Since the expiration of our last Conditional Use Permit at 1292 East Foothill, the members
of Lambda Chi Alpha have resided in 12-14 satellite properties in the neighborhood around Cal
Poly’s campus. A Conditional Use Permit for Lambda Chi Alpha at 1264 East Foothill helps to
ATTACHMENT C
Page 548 of 560
concentrate fraternity activities in one primary location with living and outdoor spaces, unlike
the typical single-family home rental properties.
In summary, we propose the dedication of 1264 East Foothill Blvd. as a registered and
permitted fraternity house that will provide a centralized, safe, and affordable base of operations
for Lambda Chi Alpha and its members. With our chapter’s financial strength coupled with the
financial standing of PSZ House Corporation, we are more than confident in our ability to
enhance not only the property’s value but also the positive impact of the Chapter on the
surrounding community.
Description of Property
While the Conditional Use Permit will be filed under the address 1264 East Foothill Blvd, there
are in fact 4 different structures on the property with different addresses. All of them will be housing
members of Lambda Chi Alpha - Phi Sigma Zeta. The structures consist of two duplexes, a
single-bedroom side unit, and a three-bedroom unit at the front of the property. The addresses associated
with the other structures are as follows: 1251 Monte Vista Pl., 1249 Monte Vista Pl., 1241 Monte Vista
Pl., and 1243 Monte Vista Pl. Each duplex consists of three upstairs bedrooms (two singles and a double)
and one downstairs double. The side unit will have one bedroom housing two residents and the front unit
will have two singles and one double. This brings the total living space to 18 residents spread across 12
bedrooms on the property.
Tentative Social Calendar
●October 15, 2024: Fall Rush House Tour
○Afternoon/evening
○100 people
○Indoors/Outdoors
●December 3, 2024: Fall Quarter Philanthropy
○Afternoon/evening
○100 attendees
○Outdoor
●January 18, 2025: Winter Rush House Tour
○Afternoon/evening
○100 attendees
○Indoors/Outdoors
Point of Contact
ATTACHMENT C
Page 549 of 560
●Thomas Symer
○(301) 529 - 4694
○slolca.alpha@gmail.com
ATTACHMENT C
Page 550 of 560