HomeMy WebLinkAboutItem 4a. 280 California Blvd. (USE-0625-2024) Re-Review of CUP for Alpha Epsilon Pi Fraternity
PLANNING COMMISSION AGENDA REPORT
SUBJECT: 280 CALIFORNIA BLVD. (USE-0625-2024) RE-REVIEW OF AN EXISTING
CONDITIONAL USE PERMIT FOR A FRATERNITY
PROJECT ADDRESS: 280 California Blvd. BY: Hannah Hanh, Associate Planner
Phone Number: (805) 781-7432
FILE NUMBER: USE-0625-2024 Email: hhanh@slocity.org
APPLICANT: Alpha Epsilon Pi FROM: Tyler Corey, Deputy Director
REPRESENTATIVE: Adam Wechsler, Fraternity President
RECOMMENDATION
Adopt the Draft Resolution to modify the Conditional Use Permit, based on updated
required findings and subject to revised conditions of approval. The project is categorically
exempt from environmental review under Section 15301 (Existing Facilities) of the
California Environmental Quality Act (CEQA) Guidelines.
SITE DATA
Applicant
General Plan
Land Use
Designation
Zone
Site Area
Environmental
Determination
Alpha Epsilon Pi
High Density Residential
(HDR)
High-Density Residential
(R-4)
Approximately 0.3 acre
Categorically exempt from
environmental review
under CEQA Guidelines
Section 15301 (Existing
Facilities)
SUMMARY
On August 2, 1983, Alpha Epsilon Pi (Applicant) obtained approval of a Use Permit to
allow their fraternity at 280 California Boulevard. Since the approval of this Use Permit,
the Applicant has resided at and utilized the property for fraternity activities. Due to recent
noise violations, the Community Development Director (Director) is referring the existing
Conditional Use Permit to the Planning Commission for re-review. Re-review of the
Conditional Use Permit may result in (a) added, modified, and/or removed conditions of
approval to allow continuation of the fraternity in a manner compatible with existing and
proposed uses in the vicinity; or (b) revocation if the required findings cannot be made.
Meeting Date: 11/13/2024
Item Number: 4a
Time Estimate: 60 minutes
Figure 1 – Project Site
Page 9 of 45
Item 4a
USE-0625-2024
Planning Commission Report – November 13, 2024
1.0 PROJECT BACKGROUND
1.1 Prior Conditional Use Permit Review and Approval
On August 2, 1983, the City Council denied an appeal and upheld the Planning
Commission’s approval of a Use Permit, U1099, to establish the fraternity for Alpha
Epsilon Pi at 280 California Boulevard (Attachment B – Resolution No. 5189 [1983
Series]). Approval of the Use Permit included a residential addition/remodel and various
site improvements to facilitate a 10-bedroom, approximate 3,680 square foot residence
and 19 parking spaces to allow up to 19 residents. Since the approval of this Use Permit,
the Applicant has improved and used the project site as their residence and for their
fraternity activities.
1.2 History of Recent Violations and Code Enforcement Actions
On March 13, 2024, a Notice to Correct Code Violation(s) / Notice of Violation (i.e.,
courtesy warning) was issued due to multiple, confirmed code violations (Attachment C –
Notice to Correct Code Violation(s), dated March 13, 2024). Records from the Police
Department indicate that six (6) citations were issued for noise violations in 2023. After
issuing this Notice, staff made contact with the property manager to discuss these issues.
On June 19, 2024, a subsequent Notice of Violation was issued due to multiple, confirmed
Use Permit and code violations (Attachment D – Notice of Violation, dated June 19, 2024).
Records from the Police Department indicate that three (3) citations were issued for noise
violations after 10:00 p.m. in May 2024. After issuing this Notice, staff engaged in follow-
up conversations with the property owner, property manager, and fraternity over the next
several months to discuss these issues, including the referral for re-review by the
Planning Commission.
1.3 Planning Commission’s Purview / Changes to the Municipal Code
Due to repeat noise violations by the fraternity, the Director is referring the Use Permit to
the Planning Commission for re-review in accordance with Condition No. 5 of Use Permit,
U1099 (Resolution No. 5189). Condition No.
5 states the following:
“Use Permit shall be reviewed by the Planning Commission at any time, if
any reasonable written citizen or Police Department complaint is received
by the city. In review of the use permit, the Planning Commission may add,
delete, or modify conditions of approval or may revoke the use permit.”
Municipal Code Changes
Since the approval of the original Use Permit, U1099, in 1983, it should be noted that
there have been codified changes to the Municipal Code. These changes include updated
findings and criteria for approval for fraternities as well as code requirements that directly
address concerns regarding noise, public disturbances, and other disorderly conduct, as
summarized below.
Page 10 of 45
Item 4a
USE-0625-2024
Planning Commission Report – November 13, 2024
Requirements for Approval
Per Table 2-1 (Uses Allowed by Zone), the establishment of a fraternity in the R-4 zone
requires approval of a Conditional Use Permit. Approval of a Conditional Use Permit for
a fraternity is subject to the requirements, listed below, to ensure its consistency with the
General Plan and Zoning Regulations and its compatibility with existing and future land
uses in the vicinity:
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)
Section 17.86.130(B) (Fraternities and Sororities – Required Findings)
Any changes (i.e., additions, modifications, and/or removals) to the conditions of approval
for this Use Permit by the Planning Commission would consider the nature of the
violations and the ability to make these required findings for allowing a fraternity.
Standard Conditions for Fraternities
Standard conditions for fraternities and sororities, outlined in Section 17.86.130(A)
(Fraternities and Sororities – Applicability), were 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.
Title 9 (Public Peace, Morals, and Welfare) Updates
Since 1983, there have been incremental improvements as codified changes to Title 9
(Public Peace, Morals, and Welfare) that directly address concerns regarding noise,
public disturbances, and other disorderly conduct, regardless of a Use Permit approval.
These code requirements apply to all uses in the City, and the key chapters that apply to
fraternity activities are identified below:
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
Improvements to Language in Conditions of Approval
In addition, should there be any imprecise language in the conditions of older Use Permit
approvals 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 to enhance clarity in enforcement for
more recent fraternity applications and re-reviews.
Page 11 of 45
Item 4a
USE-0625-2024
Planning Commission Report – November 13, 2024
2.0 PROJECT ANALYSIS
Staff has evaluated the fraternity and its noise violations against current standards and
regulations, including the updated findings and criteria for approval as well as code
requirements. At this time, staff recommends the Planning Commission allow continuation
of the fraternity subject to a modified Use Permit, instead of revocation of the Use Permit.
Updated findings and revised conditions are recommended based on the following
analysis. The re-review, and any subsequent changes to the conditions of approval, are
documented as part of an updated Conditional Use Permit, USE-0625-2024, application.
2.1 Consistency with the General Plan / Zoning Regulations
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 0.3-mile
of Cal Poly SLO campus.
Fraternity Use – Standard Conditions
As outlined in Section 17.86.130(A) (Fraternities and Sororities – Applicability), standard
conditions shall apply to the fraternity, as follows:
Number of Residents – Occupancy shall be limited to not more than one (1)
resident per 60 square feet of building area. The landlord shall allow the City to
verify occupancy by allowing an inspection of the records or a visual inspection of
the premises. Any inspection shall be at a reasonable time and shall be preceded
by a 24-hour notice to the residents.
The project site contains an approximate 3,680 square foot residence with 10
bedrooms. The fraternity shall be limited to a maximum of 19 residents
(approximately 194 square feet per resident), consistent with the prior Use Permit
approval, because it is anticipated that all bedrooms, except for one (1), would
provide for two (2) residents (Condition No. 3). The property owner shall also allow
the City to verify occupancy by allowing an inspection of records or visual
inspection of the premises at a reasonable time with at least 24-hour notice to the
residents (Condition No. 3).
Routine Gatherings – The maximum number of persons allowed on site for routine
meetings and gatherings shall not exceed the limit established by the applicable
Conditional Use Permit.
Prior approvals of Conditional Use Permits to establish fraternities/sororities have
limited the number of people onsite for routine meetings and gatherings to 1.5
times the number of average population density . This calculation takes into
consideration the number of residents, areas inside buildings, and number of
parking spaces available in the vicinity.
Page 12 of 45
Item 4a
USE-0625-2024
Planning Commission Report – November 13, 2024
Per Table 4 (Residential Population Assumptions) of the Land Use Element, the
High Density Residential (HDR) land use designation, which corresponds to the R-
4 zone where fraternities may be permitted, has an average population density of
55 people per acre. The project site at 280 California Blvd. is approximately 0.3-
acre in size, which results in an average of 16.5 people for the property. Based on
past practice, the maximum number of people for routine meetings and gatherings
for this fraternity shall be limited to 25 people (rounded up from 24.75 = 16.5 people
x 1.5) (Condition No. 4).
University Affiliation – The fraternity or sorority shall remain affiliated and in good
standing with the Interfraternity Council of Student Life and Leadership at
California Polytechnic University, San Luis Obispo. If the fraternity or sorority
becomes unaffiliated or no longer held in good standing with California Polytechnic
University, the Conditional Use Permit shall be revoked.
For the life of the organization, the fraternity shall remain affiliated and in good
standing with the Interfraternity Council of Student Life and Leadership at
California Polytechnic University, San Luis Obispo. If the fraternity becomes
unaffiliated or is no longer in good standing, the Conditional Use Permit shall be
revoked (Condition No. 5).
Contact Information – The landlord shall provide names and telephone numbers
of responsible persons to the Community Development Department and
Neighborhood Services Manager of the Police Department on an annual basis.
Responsible persons shall be available during all events and at reasonable hours
to receive and handle complaints.
For the life of the organization, the fraternity shall provide the name and contact
information (i.e., phone number and email address) of all responsible parties to the
Community Development Department and Neighborhood Services Manager of the
Police Department on an annual basis. If there is a change to the name and/or
contact information of any responsible parties, the Community Development
Department and Neighborhood Services Manager shall be notified immediately
(Condition No. 6).
Parking Requirements
Per Table 3-4 (Parking Requirements by Use), a fraternity is required to provide one (1)
space per 1.5 occupants or 1.5 spaces per bedroom, whichever is greater. While the
fraternity is required to provide 15 onsite spaces, based on 19 residents and a 10 -
bedroom residence, the original Use Permit approval required a greater number of 19
parking spaces to address concerns related to anticipated parking demand. As such, the
fraternity shall continue to provide 19 spaces onsite (Condition No. 8).
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Item 4a
USE-0625-2024
Planning Commission Report – November 13, 2024
Instead of only providing a maximum of six (6) bicycle spaces per the original Use Permit
(Condition No. 2 of Resolution No. 5189), this requirement has been removed because
the fraternity would be required to provide a higher number of bicycle spaces to comply
with current bicycle requirements in Table 3-6 (Parking Requirements by Use). Based on
a maximum of 19 residents, the fraternity would be required to provide a minimum of 19
bicycle spaces (one per bed for each resident) (Condition No. 13).
2.2 Conditions to Address Noise and Large Gatherings
Based on recent noise violations, staff recommends the following new conditions, which
are consistent with language in conditions of more recent approvals, to address concerns
related to noise and large gatherings:
Condition No. 2 establishes clear thresholds for re-reviews should future violations
occur.
o Note – This condition would replace procedures for handling complaints and
re-reviews identified in Conditions No. 5 and 13 of the original Use Permit,
U1099.
Condition No. 4 limits routine meetings and gatherings to 25 people. Any event
that includes more than 25 people is considered a special event and will require a
separate, follow-up application for more detailed review.
o Note – This condition would address concerns related to large gatherings
and replace Conditions No. 12 and 14 of the original Use Permit, U1099.
Condition No. 9 includes 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 .
o Note – This condition would directly address noise concerns and replace
Condition No. 12 of the original Use Permit, U1099. It should be noted that
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. 9 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.
Condition No. 10 requires that the fraternity establish and maintain ongoing
communication with its neighbors in the vicinity.
Condition No. 11 states that amplified noise-generating activities are prohibited.
Conditions No. 4, 10, and 11 clarify that any requested exceptions from the Noise
Ordinance will not be approved by the Director.
Page 14 of 45
Item 4a
USE-0625-2024
Planning Commission Report – November 13, 2024
2.3 Other Changes to the Conditions
As part of the re-review, staff recommends revising the conditions to reflect updated
language and for consistency with more recent approvals.
Other Conditions with Updated Language
Limitations and/or requirements detailed in Conditions No. 1, 2, 3, 8, 10, 11, and 14 of the
original Use Permit, U1099, regulate the number of residents and parking spaces, and
large gatherings. Most of these requirements are addressed as updated, standard
conditions for fraternities and have been incorporated as recommended Conditions No.
1, 3, 4, 7, and 8 in the re-review.
Removed Conditions
Conditions No. 4, 6, 7, 9, 15, 16, 17, and 18 of the original Use Permit, U1099, required
immediate improvements that have been satisfied (e.g., installation of replacement trees,
smoke detectors, fire extinguishers, retaining walls, street frontage improvements, etc.)
or are no longer relevant (i.e., street yard reduction along Hathway Avenue now meets
the current street yard setback requirement). Therefore, these conditions are removed
from the recommended conditions of this re-review.
3.0 ENVIRONMENTAL REVIEW
The project is exempt from environmental review under Section 15301 (Existing Facilities)
of the CEQA Guidelines because it includes the continued operation and permitting of an
existing residential use (i.e., fraternity) with revised findings and conditions of approval.
The project does not include construction of a new building or additional building square
footage. Therefore, the project involves no expansion of the existing residential use.
4.0 ALTERNATIVES
1. Continue review of the Conditional Use Permit. An action to continue review of the
Conditional Use Permit should include a detailed list of additional information or
analysis required to make a decision regarding added, modified, and/or removed
conditions.
2. Revoke the Conditional Use Permit. An action to revoke the Conditional Use
Permit should include findings that cite the basis for revocation and reference
inconsistency with the General Plan, Zoning Regulations, and other policy
documents.
5.0 ATTACHMENTS
A - Draft PC Resolution (USE-0625-2024)
B - Resolution No. 5189 (1983 Series) (Approval of the original Use Permit, U1099)
C - Notice to Correct Code Violation(s), dated March 13, 2024
D - Notice of Violation, dated June 19, 2024
Page 15 of 45
Page 16 of 45
RESOLUTION NO. PC-XXXX-24
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SAN LUIS OBISPO APPROVING MODIFICATIONS TO AN EXISTING
CONDITIONAL USE PERMIT TO ALLOW THE CONTINUATION OF THE
FRATERNITY AT 280 CALIFORNIA BOULEVARD. THE PROJECT IS
EXEMPT FROM ENVIRONMENTAL REVIEW UNDER SECTION 15301
(EXISTING FACILITIES) OF THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA) GUIDELINES AS REPRESENTED IN THE STAFF
REPORT AND ATTACHMENTS DATED NOVEMBER 13, 2024 (USE-
0625-2024)
WHEREAS, the City Council of the City of San Luis Obispo conducted a public
hearing in the Council Chamber of City Hall, 990 Palm Street, on August 2, 1983, to
review an appeal of the Planning Commission’s approval of a Use Permit to allow a
fraternity at 280 California Boulevard, pursuant to a proceeding instituted under U1099;
Alpha Epsilon Pi, applicant; and
WHEREAS, the City Council of the City of San Luis Obispo denied the appeal and
upheld the Planning Commission’s approval of the Use Permit, U1099, on August 2,
1983, 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, the City received complaints and issued citations for multiple, verified
noise violations in 2023 and 2024; and
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 November 13,
2024, for a re-review of the existing Conditional Use Permit to allow the continuation of
the fraternity at 280 California Boulevard, pursuant to a proceeding instituted under USE-
0625-2024; Alpha Epsilon Pi, applicant; and
WHEREAS, the Planning Commission of the City of San Luis Obispo approved
modifications to the Conditional Use Permit, USE-0625-2024, after duly considering all
evidence, including the documented noise violations, testimony of the applicant 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 Planning Commission of the City
of San Luis Obispo as follows:
Page 17 of 45
Resolution No. PC-XXXX-24 Page 2
SECTION 1. Findings. The Planning Commission hereby approves modifications
to the Conditional Use Permit to allow the continuation of the fraternity (USE-0625-2024),
based on the following revised 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 19 residents complies
with the group housing maximum occupancy limits and (b) the revised parking
configuration would provide 19 required spaces for 19 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., within 0.3-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 18 of 45
Resolution No. PC-XXXX-24 Page 3
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 continued operation and permitting of an existing residential use (i.e.,
fraternity) with revised findings and conditions of approval. The project does not include
construction of a new building or additional building square footage. Therefore, the project
involves no expansion of the existing residential use.
SECTION 3. Action. The Planning Commission hereby approves modifications to
the Conditional Use Permit to allow the continuation of the fraternity (USE -0625-2024),
based on the following revised conditions:
Planning Division – Community Development Department
1. The Conditional Use Permit shall be reviewed by the Community Development
Director for compliance with the conditions of approval, or to determine whether a
modification of the Conditional Use Permit is necessary upon significant change
to the project as represented in the Staff Report dated November 13, 2024, or in
the event of a change in ownership which may result in deviation from the project
description or approved plans.
2. The Conditional Use Permit shall be reviewed by the Planning Commission as
soon as practical if: 1) conduct on the permitted premises results in three (3)
citations within any 12-month period for a violation of law or permit condition, 2)
that citation is not contested or is upheld on appeal, and 3) the conduct for which
the citation was issued resulted in adverse impa cts to, or complaints from,
residents or occupants of the surrounding neighborhood. 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. The City shall notify Cal Poly if the Use
Permit is revoked. A re-review by the Planning Commission shall be accompanied
by the appropriate fee.
3. The fraternity shall be limited to a maximum of 19 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.
Page 19 of 45
Resolution No. PC-XXXX-24 Page 4
4. Routine meetings and gatherings for the fraternity shall be limited to a maximum
of 25 people (rounded up from 24.75 = 16.5 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 25 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. No exception from the Noise
Ordinance shall be approved by the Director as part of the special event.
5. 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.
6. 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.
7. For the life of the organization, the property shall be maintained in a clean and
orderly manner. All landscaping shall be replaced as necessary and maintained
(e.g., trimmed, pruned, etc.) to the satisfaction of the Community Development
Director.
8. A minimum of 19 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.
9. The fraternity use shall comply with Table 1 (Exterior Noise Limits) of Secti on
9.12.060 (Exterior Noise Limits) between the extended hours of 10:00 p .m. and
9:00 a.m.
10. Prior to a special event approved by the Community Development Director
pursuant to Condition No. 4, 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. No exception from the Noise Ordinance shall be approved by the Director
as part of the special event.
11. Live entertainment, bands, and/or amplified sounds are prohibited, unless
otherwise approved through a special event by the Community Development
Department. No exception from the Noise Ordinance shall be approved by the
Page 20 of 45
Resolution No. PC-XXXX-24 Page 5
Director as part of the special event.
12. 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 im pacts 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.
13. Within 60 days of the re-review hearing with the Planning Commission on
November 13, 2024, the fraternity shall install a minimum of 19 bicycle spaces
(one bed for each resident) and contact the City for a follow-up inspection to verify
that all required bicycle spaces have been installed.
Indemnification
14. 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 acti ons 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 Commissioner ______, seconded by Commissioner ______, and on
the following roll call vote:
AYES:
NOES:
RECUSED:
ABSENT:
The foregoing resolution was passed and adopted this 1 3th day of November 2024.
___________________
Tyler Corey, Secretary
Planning Commission
Page 21 of 45
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)
)
RESOLUTION NO. 5189 (1983 SERI.ES)
A RK::;SOLUTION OP 'J.'HE COUNCIL OF THE Cl.TY OF SAN WIS OUISPO
DEl.'fl;r.NG AN AP PKAL foJS:D UPHOL.OHITG A Pf4Ad1NING COMMISSION ACTION
TO .il..P�'ROVE URE PERMIT REQUEST ALLOWING A F'RA'I:BRNIT.t HOUSi::
ALPnA EPSILON l?l AT WO CAJ..,IFO!RNIA &(li!H,iZi!ARn
ATTACHMENT B
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ATTACHMENT B
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ATTACHMENT B
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Page 26 of 45
Notice to Correct Code Violation(s)/Notice of Violation
(Courtesy Warning Prior to Issuance of Administrative Citation)
March 13, 2024
Manda Properties LLC
% Comet Realty
1110 California Blvd #C
San Luis Obispo, CA 93401
SUBJECT ADDRESS: 280 California Blvd, San Luis Obispo, CA 93405 APN: 052-072-017
Code Case #: CODE-000074-2024
Dear Property Owner,
City of San Luis Obispo Community Development Department staff noted the following violations of
the San Luis Obispo Municipal Code or other relevant codes at the above listed address:
1. Use Permit Violation (SLOMC 17.76.060)
“It shall be unlawful and a public nuisance for any person, firm or corp oration, owning,
leasing, occupying, or having possession of any private property in the City to maintain such
property in such a manner that any of the following conditions are found to exist thereon:
I. Any violation of the provisions of a minor use permit, conditional use permit,
planned development permit, architectural review approval, variance, or other land use
entitlement or land use permit.”
Condition number five of the use permit associated with the property indicates “Use permit shall
be reviewed by the Planning Commission at any time, if any reasonable written citizen or Police
Department complaint is received by the city. In review of the use permit, the Planning
Commission may add, delete, or modify conditions of approval or may revoke the use permit.”
Police Department records indicate that six citations were issued at the property in 2023 for noise
violations. Due to the multiple, confirmed noise violations and the impact to the surrounding
area, Code Enforcement staff will be recommending review of the use permit to the Deputy
Director of Community Development. A determination made by the Deputy Director that the
evidence submitted warrants review, modification, or revocation of the current use permit by the
Planning Commission will be followed by notification to the property owner and other
responsible parties.
We request that you voluntarily take action to correct the above noted violation(s). Immediate
compliance is required. These violations constitute a public nuisance and must be abated. Failure to
correct the violation(s) by the specified date will result in the issuance of an Administrative Citation
requiring payment of FINES in accordance with SLOMC Chapter 1.24. For Municipal Code violations
that remain uncorrected after issuance of an Administrative Citation, the City may seek enforcement by
other civil or criminal remedies.
ATTACHMENT C
Page 27 of 45
Any person having a title interest in the property may request a Director’s review of this Notice by
completing the enclosed Request for Director’s Review Form and submitting it to the Community
Development Department, 919 Palm Street, San Luis Obispo, CA 93406, within five (5) days of the date
of this Notice. This Notice shall be deemed final unless you timely file a Request for Director’s Review.
We look forward to working with you to resolve these violations and would like to thank you for your
efforts to maintain your property and to help preserve the safety and beauty of our community. If you
have questions, please contact the undersigned Officer at (805) 783-7841 or ssheats@slocity.org.
Sincerely,
____________________________
Steve Sheats, Code Enforcement Officer
Cc: File
Enclosures: Request for Directors Review
ATTACHMENT C
Page 28 of 45
Declaration of Service and Posting of Notice
SUBJECT ADDRESS: 280 California Blvd, San Luis Obispo, CA 93405
CASE NO.: CODE-000074-2024 Citation No.: 36143 Officer: Steve Sheats
I/we, the undersigned, declare that at all times herein mentioned, I/we were and now are a duly authorized
employee(s) of the Community Development Department, City of San Luis Obispo, State of California; that
pursuant to Section 1.24.050G of the San Luis Obispo Municipal Code (SLOMC), Section 1101.4 of the
Uniform Housing Code, or Section 401.4 of the Uniform Code for the Abatement of Dangerous Buildings, as
adopted by Section 15.02.010 of the San Luis Obispo Municipal Code, I/we deposited in a receptacle for the
U.S. Postal Service, in a sealed envelope, postage prepaid, by regular mail, and/or certified mail, return
receipt requested the following:
A Notice to Correct,
Notice of Violation,
Administrative Citation,
Stop-Work Notice,
Notice of Hearing,
Notice of Proposed Lien,
Notice of Special Assessment
Notifying the owner of the property of the subject address referenced above of violations of the San Luis
Obispo Municipal Code existing on the property and/or of related abatement proceedings.
The above notice was sent to each person having an interest in the property at their respective addresses as
listed in the Notice, and a copy of the notice was posted at the subject address.
I declare under penalty of perjury that the foregoing is true and correct.
Executed this 20th day of June, 2024, San Luis Obispo, California
Officer or clerk effecting service by mail:
Steve Sheats 1155/June 20, 2024
(Print Name) (Signature) (Time/date)
Officer effecting service by posting:
Steve Sheats 0924/June 20,2024
(Print Name) (Signature) (Time/date)
ATTACHMENT D
Page 29 of 45
Notice of Violation
June 19, 2024
Manda Properties LLC
% Comet Realty
1110 California Blvd #C
San Luis Obispo, CA 93401
SUBJECT ADDRESS: 280 California Blvd, San Luis Obispo, CA 93405 APN: 052-072-017
Code Case #: CODE-000074-2024
Dear Property Owner,
City of San Luis Obispo Community Development Department staff noted the following violations of
the San Luis Obispo Municipal Code or other relevant codes at the above listed address:
1. Use Permit Violation (SLOMC 17.76.060)
“It shall be unlawful and a public nuisance for any person, firm or corp oration, owning,
leasing, occupying, or having possession of any private property in the City to maintain such
property in such a manner that any of the following conditions are found to exist thereon:
I. Any violation of the provisions of a minor use permit, conditional use permit,
planned development permit, architectural review approval, variance, or other land use
entitlement or land use permit.”
Condition number twelve (12) listed on the use permit to allow a fraternity at the subject
property indicates “No meetings, parties or other types of activities involving persons other than
residents living on the site shall be allowed between the hours of 10:00 p.m. and 9:00 a.m.”
Police Department records indicate that three citations regarding violations of the city’s noise
regulations were issued after 10:00 p.m. on May 10th, 17th and 31st of 2024. As a result of the
continued violations, citations for each violation are enclosed with this notice.
Additionally, the Community Development Department requests you contact our office to
participate in a meeting to discuss the continuing violations, the potential enforcement action and
the best path forward to avoid further action by the City. We request that you contact the
undersigned officer within 15 days of this notice to coordinate a meeting. If no contact is
received within the requested timeframe, the matter will be forwarded to the Deputy Director of
Community Development to begin the formal process of use permit review. Use permit review
may result in modification or revocation of the currently issued use permit.
We request that you voluntarily take action to correct the above noted violation(s). These violations
constitute a public nuisance and must be abated. Failure to correct the violation(s) by the specified date
will result in the issuance of an Administrative Citation requiring payment of FINES in accordance with
SLOMC Chapter 1.24. For Municipal Code violations that remain uncorrected after issuance of an
Administrative Citation, the City may seek enforcement by other civil or criminal remedies.
ATTACHMENT D
Page 30 of 45
Any person having a title interest in the property may request a Director’s review of this Notice by
completing the enclosed Request for Director’s Review Form and submitting it to the Community
Development Department, 919 Palm Street, San Luis Obispo, CA 93406, within five (5) days of the date
of this Notice. This Notice shall be deemed final unless you timely file a Request for Director’s Review.
We look forward to working with you to resolve these violations and would like to thank you for your
efforts to maintain your property and to help preserve the safety and beauty of our community. If you
have questions, please contact the undersigned Officer at (805) 783-7841 or ssheats@slocity.org.
Sincerely,
____________________________
Steve Sheats, Code Enforcement Officer
Cc: File
Enclosures: Request for Directors Review, Administrative Citation and Invoice, Administrative Citation
Appeal Form, Original Notice of Violation
ATTACHMENT D
Page 31 of 45
REQUEST FOR DIRECTOR’S REVIEW
Person Requesting Review: __________________________________ Phone: ________________
Address: _____________________________________Email: ______________________________
Property Owner: ______ Tenant: _____ Case #: ______________________
Address of alleged violation: _________________________________________________________
Date of Notice to Correct/Violation: ____________________________________________________
Please identify the code violation or interpretation you are contesting. Please provide relevant
information and explain why the alleged violation or interpretation should be reconsidered. You
may attach additional pages, if necessary.
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
I hereby request a review of alleged violation or interpretation by the Community Development Director.
Signature of Appellant: _______________________________________ Date: ______________
Please return form to: City of San Luis Obispo,
Community Development Department
919 Palm Street
San Luis Obispo, CA 93401
or
Email: code@slocity.org
COMPLETED FORM MUST BE RECEIVED BY THE COMMUNITY DEVELOPMENT
DEPARTMENT WITHIN 5 DAYS OF THE DATE OF THE NOTICE TO CORRECT/VIOLATION.
ATTACHMENT D
Page 32 of 45
Citation No.: 00036143
ADMINISTRATIVE CITATION
AND ORDER TO COMPLY WITH
SAN LUIS OBISPO MUNICIPAL CODE
1st Citation 2nd Citation 3rd Citation Additional / Daily Fines
ADDRESS OF VIOLATION: 280 California Blvd, San Luis Obispo, CA 93405 APN: 052-072-017
DATE OF VIOLATION: May 10, 2024 / May 17, 2024 / May 31, 2024
NAME: Manda Properties LLC
ADDRESS: 1110 California Blvd #C, San Luis Obispo, CA 93401
PURSUANT TO CHAPTER 1.24 OF THE SAN LUIS OBISPO MUNICIPAL CODE, YOU ARE HEREBY ORDERED
TO IMMEDIATELY CORRECT THE VIOLATION(S) DESCRIBED BELOW AND PAY THE FINE. YOU ARE
FURTHER ORDERED TO CEASE THE ACTIVITY GIVING RISE TO THE VIOLATION. WHEN CORRECTIONS
ARE COMPLETE PLEASE SCHEDULE AN INSPECTION BY CALLING (805)781-7180. TO AVOID ADDITIONAL
FINES COMPLIANCE MUST BE VERIFIED BY DEPARTMENT STAFF. IF DAILY FINES APPLY AS NOTED
ABOVE, THE FINES SHALL ACCRUE DAILY UNTIL THE VIOLATION(S) ARE CORRECTED. FAILURE TO
CORRECT THE VIOLATION(S) WILL RESULT IN THE ISSUANCE OF ADDITIONAL ADMINISTRATIVE
CITATIONS AND ESCALATING FINES OR OTHER ENFORCEMENT ACTION.
CODE SECTION DESCRIPTION OF VIOLATION FINE
MC § 17.76.060 Use Permit Violation $50
MC § 17.76.060 Use Permit Violation $100
MC § 17.76.060 Use Permit Violation $200
Amount Due $350
Failure to pay the fines may result in the suspension of any pending applications or permits. Unpaid fines
become delinquent after 30 days and are subject to interest accrual of 8% per month as contained in
SLOMC 1.24.070 C. The City may pursue all legal, equitable, and administrative remedies for
the collection of unpaid civil administrative fines. Delinquent fines will be forwarded to a collection agency
for payment.
Mail Payments to: City of San Luis Obispo, Community Development Department
919 Palm Street, San Luis Obispo, CA 93401
You may file an APPEAL of this Administrative Citation by submitting a request in writing to the
Hearing Administrator within ten days of the date this Administrative Citation is issued as shown below.
Each responsible party is individually required to file an appeal. FAILURE TO FILE AN APPEAL
WILL WAIVE YOUR RIGHT TO CONTEST THIS CITATION. Please see the attached Appeal Form
for more information.
Mail Appeals to: City of San Luis Obispo, City Clerk
990 Palm Street, San Luis Obispo, CA 93401
Issued By: Steve Sheats Signature: Title: Code Enforcement Officer
RELATED CE CASE: CODE-000074-2024 DATE CITATION ISSUED: June 19, 2024
ATTACHMENT D
Page 33 of 45
INVOICE (00036143)
FOR CITY OF SAN LUIS OBISPO
BILLING CONTACT
MANDA PROPETIES LLC A CA LLC % OBISPO
INVESTMENTS INC
1110 California Blvd c
SLO, CA 93401
INVOICE NUMBER INVOICE DATE INVOICE DUE DATE INVOICE STATUS INVOICE DESCRIPTION
00036143 06/19/2024 07/19/2024 NONEDue
REFERENCE NUMBER FEE NAME TOTAL
CODE-000074-2024 NSS 1st Admin Citation $50.00
NSS 2nd Admin Citation $100.00
NSS 3rd Admin Citation $200.00
$350.00 SUBTOTAL280 California Blvd San Luis Obispo, CA 93405
TOTAL $350.00
Page 1 of 1June 18, 2024 City of San Luis Obispo
ATTACHMENT D
Page 34 of 45
Administrative Citation Appeal Form
This request to appeal must be received by the City Clerk
within 10 days of date of the citation to be considered timely filed.
Please submit any supporting documents or photos with this form.
Questions about this form or the appeal process?
Contact the City Attorney’s Office at City Hall (990 Palm Street) or (805)781-7140
Revised and Published 7/1/2023
CO
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1. Appellant. Name ________________________________________________________________________
Phone ____________________________ Email _________________________________________________
Mailing Address ___________________________________________________________________________
City __________________________________________ State ____________ Zip Code __________________
(If Applicable)
Business Name ____________________________________ Business License # ________________________
2. Interest in Citation. (Place X in front of selection)
____A. Charged personally ____B. Charged as the
owner of the property
____C. Acting as the legally authorized Agent of
the cited business or homeowner
3. Administrative Citation. Date of Citation __________________ Citation Number______________________
Address of property cited or location where an individual was cited:
Citation Address __________________________________________________________________________
Municipal code section(s) violated: ___________________________________________________________
Code violation(s) being appealed: ____________________________________________________________
4. Reason for appeal.
Give a brief statement of why you are appealing and why the notice of violation/administrative citation should be
revoked, modified, or otherwise set aside. The AMOUNT of the fine cannot be reduced on appeal. Attach additional
sheets as necessary. Any documents or photos you wish to submit in support of your appeal should be included
with this form. (number of sheets attached ________)
ATTACHMENT D
Page 35 of 45
City of San Luis Obispo, Title, Subti tle
Once filled out entirely and signed, email to CityClerk@slocity.org
or deliver by U.S. Mail or in person to:
City Clerk’s Office, 990 Palm St., San Luis Obispo, CA 93401
Questions about this form or the appeal process?
Contact the City Attorney’s Office at Room 10, City Hall (990 Palm Street) or (805)781-7140
Administrative Citation Appeal Form
CO
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5. Election of Appeal Process.
Note: All Administrative Citations writt en for violation of Title 15 of the Municipal Code (building and related codes),
even if other code violations are also cited, will be automatically heard by the Construction Board of Appeals. Election
of Hearing Officer review is not valid and a check for the appeal fee must accompany this form.
For Administrative Citations that do not charge a violation of Title 15, you must make a choice of an appeal process.
(1) At no charge, you may choose an expedited, less formal appeal process of review by a Hearing Officer , whose
final decision may be appealed directly to the superior court for de novo review pursuant to Government Code
Section 53069.4. (2) However, if you wish to retain your right to challenge the Administrative Citation, or any final
city action related to the citation, in court by any writ action, you must appeal to the Administrative Review Board
for a more formal, comprehensive hearing to ensure preparation of an adequate administrative record and pay an
appeal fee indicated below.
Only one appeal process may be chosen, and once chosen, the election is final. Failure to make a selection will
result in the appeal being assigned to a Hearing Officer for review an d will constitute a failure to exhaust
administrative remedies for purposes of any subsequently filed writ action.
I have read the above and choose: (Place X in front of selection)
____ A.
$1,339.57 My administrative citation includes a Title 15 violation requiring review by the
Construction Board of Appeals. I have included a check with this form.
____ B.
$350.12 More formal appeal to Administrative Review Board. I have included a check
with this form.
____ C. No charge Expedited appeal to a Hearing Officer.
6. Election to forego an in-person hearing.
It is your right under San Luis Obispo Municipal Code Section 1.24, no matter which appeal process is chosen, to
have an in-person hearing. However, you are under no obligation to appear. If you choose, you may select to have
your appeal reviewed on the record (all documents, pictures, etc. submitted by yourself or the City).
I want my appeal heard on the record, so I do not need to appear □
7. Truth of Appeal. I declare under penalty of perjury that all of the facts stated in this appeal are true and
that this appeal form was signed on: ________________ at ________________________, __________
Date City State
If different from the address in Paragraph 1, the official mailing address to receive further notices from City
relating to the appeal is:
_________________________________________________________________________________________
Street Address City State Zip
______________________________________ __________________________________________
Signature of Appellant Print name of Appellant
ATTACHMENT D
Page 36 of 45
Notice to Correct Code Violation(s)/Notice of Violation
(Courtesy Warning Prior to Issuance of Administrative Citation)
March 13, 2024
Manda Properties LLC
% Comet Realty
1110 California Blvd #C
San Luis Obispo, CA 93401
SUBJECT ADDRESS: 280 California Blvd, San Luis Obispo, CA 93405 APN: 052-072-017
Code Case #: CODE-000074-2024
Dear Property Owner,
City of San Luis Obispo Community Development Department staff noted the following violations of
the San Luis Obispo Municipal Code or other relevant codes at the above listed address:
1.Use Permit Violation (SLOMC 17.76.060)
“It shall be unlawful and a public nuisance for any person, firm or corp oration, owning,
leasing, occupying, or having possession of any private property in the City to maintain such
property in such a manner that any of the following conditions are found to exist thereon:
I.Any violation of the provisions of a minor use permit, conditional use permit,
planned development permit, architectural review approval, variance, or other land use
entitlement or land use permit.”
Condition number five of the use permit associated with the property indicates “Use permit shall
be reviewed by the Planning Commission at any time, if any reasonable written citizen or Police
Department complaint is received by the city. In review of the use permit, the Planning
Commission may add, delete, or modify conditions of approval or may revoke the use permit.”
Police Department records indicate that six citations were issued at the property in 2023 for noise
violations. Due to the multiple, confirmed noise violations and the impact to the surrounding
area, Code Enforcement staff will be recommending review of the use permit to the Deputy
Director of Community Development. A determination made by the Deputy Director that the
evidence submitted warrants review, modification, or revocation of the current use permit by the
Planning Commission will be followed by notification to the property owner and other
responsible parties.
We request that you voluntarily take action to correct the above noted violation(s). Immediate
compliance is required. These violations constitute a public nuisance and must be abated. Failure to
correct the violation(s) by the specified date will result in the issuance of an Administrative Citation
requiring payment of FINES in accordance with SLOMC Chapter 1.24. For Municipal Code violations
that remain uncorrected after issuance of an Administrative Citation, the City may seek enforcement by
other civil or criminal remedies.
COPY ATTACHMENT D
Page 37 of 45
Any person having a title interest in the property may request a Director’s review of this Notice by
completing the enclosed Request for Director’s Review Form and submitting it to the Community
Development Department, 919 Palm Street, San Luis Obispo, CA 93406, within five (5) days of the date
of this Notice. This Notice shall be deemed final unless you timely file a Request for Director’s Review.
We look forward to working with you to resolve these violations and would like to thank you for your
efforts to maintain your property and to help preserve the safety and beauty of our community. If you
have questions, please contact the undersigned Officer at (805) 783-7841 or ssheats@slocity.org.
Sincerely,
____________________________
Steve Sheats, Code Enforcement Officer
Cc: File
Enclosures: Request for Directors Review
COPY ATTACHMENT D
Page 38 of 45
)
)
RESOLUTION NO. 5189 (1983 SERI.ES)
A RK::;SOLUTION OP 'J.'HE COUNCIL OF THE Cl.TY OF SAN WIS OUISPO
DEl.'fl;r.NG AN AP PKAL foJS:D UPHOL.OHITG A Pf4Ad1NING COMMISSION ACTION
TO .il..P�'ROVE URE PERMIT REQUEST ALLOWING A F'RA'I:BRNIT.t HOUSi::
ALPnA EPSILON l?l AT WO CAJ..,IFO!RNIA &(li!H,iZi!ARn
ATTACHMENT D
Page 39 of 45
ATTACHMENT D
Page 40 of 45
ATTACHMENT D
Page 41 of 45
Page 42 of 45
1
Fraternity Conditional Use Permit
Re-Review
USE-0625-2024 (280 California Boulevard)
Planning Commission Hearing –November 13, 2024
Applicant – Alpha Epsilon Pi
2
Fraternity Background / Scope of Re-Review
Original Use Permit (U1099) Approval in 1983
Alpha Epsilon Pi (AEPi) fraternity at 280 California
Allows up to 19 residents and various site improvements
Conditional Use Permit (USE-0625-2024) Re-review
Repeat noise violations in 2023 and 2024
Condition No. 5 of original approval requires Planning Commission re-review if
complaint received
Re-review may result in added, modified, and/or removed conditions; or revocation
Staff Recommendation
Update Conditional Use Permit with revised findings and conditions
•Compliance with current regulations
•Consistency with recent approvals for other fraternities
3
Project Site
•High-Density Residential (R-4) Zone
•Developed property with 10-bedroom
residence and various site
improvements
•Irregularly-shaped lot with access from
California Boulevard
•In proximity to other fraternities, single-
family and multi-family residences, a
convenience store, and Cal Poly SLO
campus
4
Municipal Code Changes (since 1983)
Requirements for Approval
Updated findings for Conditional Use Permit and fraternity approvals
Standard Fraternity Conditions
Established as part of comprehensive Zoning Regulations update in 2018
•Limit number of permitted residents (Condition No. 3)
•Regulate number of attendees for routine meetings and gatherings (Condition No. 4)
•Require affiliation and good standing with university (Condition No. 5)
•Establish responsible fraternity contact (Condition No. 6)
5
Municipal Code Changes (since 1983)
Title 9 (Public Peace, Morals, and Welfare)
Applicable Municipal Code requirements, regardless of Conditional Use Permit approval
9.12 – Noise Control (adopted 1985, latest revision in 2010)
•Prohibit noise-generating acts and establish exterior and interior noise limits
9.13 – Unruly Gatherings (adopted 2010, revised 2015)
•Define and prohibit unruly gatherings to protect public peace and welfare
9.22 – Safety Enhancement Zones (adopted 2004, latest revision in 2024)
•Enhanced penalties for certain Municipal Code violations during specific times of the
year
6
Recommended Revisions
New and/or Revised Conditions to Address Noise and Large Gatherings
Condition No. 2 – require Planning Commission re-review if there are three (3)
citations within any 12-month period
Condition No. 4 – limit routine meetings and gatherings to 25 people; approval of
special event permit required for events with more than 25 people
Condition No. 9 – require compliance with lower exterior noise limit between
extended range of hours from 10:00 pm to 9:00 am (instead of only 10:00 pm to
7:00 am)
Condition No. 10 – require fraternity to establish and maintain ongoing
communication with neighbors
Condition No. 11 – prohibit amplified noise-generating activities
Conditions No. 4, 10, and 11 – clarify that any requested exceptions from the Noise
Ordinance will not be approved
7
Recommended Revisions
Revised Conditions with Updated Language
Conditions related to continued fraternity activities (i.e., parking space
requirements, property maintenance, threshold for re-review, special event permit
requirements, etc.) are reorganized with updated language
Removed Conditions
Immediate property improvements that have already been satisfied (e.g.,
installation of tree plantings, smoke detectors, fire extinguishers, etc.)
Street yard setback exception that is no longer relevant
8
Staff Recommendation
Adopt the Draft Resolution approving modifications to the existing Conditional
Use Permit to allow continuation of the fraternity at 280 California