Loading...
HomeMy WebLinkAboutItem 4a. 1236 Monte Vista Place (USE-0332-2025 Re-review of an existing Conditional Use Permit for a fraternity PLANNING COMMISSION AGENDA REPORT SUBJECT: 1236 MONTE VISTA PLACE (USE-0332-2025). RE-REVIEW OF AN EXISTING CONDITIONAL USE PERMIT FOR A FRATERNITY. THE PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW. PROJECT ADDRESS: 1236 Monte Vista Pl. BY: Mallory Patino, Assistant Planner Phone Number: (805) 783-7704 FILE NUMBER: USE-0332-2025 Email: mpatino@slocity.org APPLICANT: Delta Chi FROM: Tyler Corey, Deputy Director REPRESENTATIVE: Jacob Zuckermandel, Fraternity President RECOMMENDATION Adopt the Draft Resolution to modify the Conditional Use Permit, based on updated 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 Delta Chi High Density Residential (HDR) High-Density Residential (R-4) Approximately 0.66 acre Categorically exempt from environmental review under CEQA Guidelines Section 15301 (Existing Facilities) SUMMARY On August 12, 1998, the Planning Commission approved a Use Permit to allow a fraternity (Kappa Sigma) at the multifamily apartment complex at 1236 Monte Vista Place. Delta Chi (Applicant) has continued the use as a fraternity organization under the approved Use Permit since moving into 1236 Monte Vista Place in 2012. Since the approval of this Use Meeting Date: 5/28/2025 Item Number: 4a Time Estimate: 45 minutes Figure 1 – Project Site Page 19 of 90 Item 4a USE-0332-2025 Planning Commission Report – May 28, 2025 Permit, a fraternity organization has resided at and utilized the property for fraternity activities. Due to recent 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 per Section 17.102.020(C)(7). 1.0 PROJECT BACKGROUND 1.1 Prior Conditional Use Permit Review and Approval On August 12, 1998, the Planning Commission approved a Use Permit, U106, to allow the fraternity (Kappa Sigma) at the multifamily apartment complex at 1236 Monte Vista Place (Attachment B – PC Resolution No. 5230-98). Approval of this Use Permit allowed multiple two- and three-story multifamily structures comprising seven (7) two-bedrooms units and 12 one-bedroom units to be used by the fraternity. The Use Permit limited residents to a maximum of 35 people, and routine meetings or gatherings to a maximum of 53 people. Delta Chi began residing at 1236 Monte Vista Place in 2012, continuing the use of the site under the Use Permit as a fraternity organization. Since the approval of this Use Permit, the project site has been used as a residence for fraternity activities. 1.2 History of Active Violations and Code Enforcement Actions Unpermitted Construction On November 2, 2021, a Notice to Correct Code Violation(s) / Notice of Violation (i.e., courtesy warning) was issued due to unpermitted work to enclose balconies (upper story decks) that were not habitable space to become sleeping areas or habitable space (Attachment C – Notice to Correct Code Violation(s), dated November 2, 2021). Four apartment units were noted as having unpermitted work done and requiring corrections. Four building permit applications were submitted for the work to convert the spaces back into decks; three (3) applications were submitted in October of 2022 and one (1) application was submitted in December of 2023. Code Enforcement has been handling the violation and following up with the property owner to resolve the issue. The fraternity organization does not own the property. A private property owner leases the residences to the fraternity but is ultimately responsible for correcting the violations from unpermitted construction. Use Permit Violations Police Department Actions Records indicate that the Police Department has issued three (3) citations for noise violations during the current Cal Poly academic calendar (September 2025 to present). Of these three: Page 20 of 90 Item 4a USE-0332-2025 Planning Commission Report – May 28, 2025  One citation, issued on March 3, 2025, was successfully appealed. The citation was dismissed by a Police Department Hearing Officer based on a lack of identifiable noise (music or other sounds) on the body camera footage of the issuing Officer at the property line or at 50 feet from the property line.  Another of these citations was issued on March 15, 2025, the Saturday ahead of St. Patrick’s Day (locally referred to as “St. Fratty’s Day” weekend), for a large party occurring at 1236 Monte Vista Place. Code Enforcement conducted outreach to fraternity organizations ahead of St. Patrick’s Day weekend to encourage safe celebrations and deter unruly gatherings. The Police Department also conducted outreach ahead of the weekend to inform residents in the neighborhoods around Cal Poly about increased enforcement efforts for the weekend. The Police Department invested substantial resources during this weekend to ensure public safety of the neighborhood. Despite these efforts, an event still took place at 1236 Monte Vista Pl. that resulted in a noise violation citation. Code Enforcement Actions On March 19, 2025, Code Enforcement issued a Notice to Correct Code Violation(s) / Notice of Violation due to multiple, confirmed administrative citations, noise violations, and Use Permit violations (Attachment D – Notice to Correct Code Violation(s), dated March 19, 2025). After issuing this Notice, staff contacted 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 Due to active violations by the fraternity and on the property, the Director is referring the Use Permit to the Planning Commission for re-review in accordance with Condition No. 11 of Use Permit, U106, which states the following: 11. Use permit shall be reviewed if any reasonable written citizen or Police or Fire Department complaints are received by the city. In 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. 1.4 Changes to the Municipal Code Since the approval of the Use Permit, U106, in 1998, it should be noted that there have been codified changes to the Municipal Code that regulate fraternities and sororities. These changes include updated findings and criteria for approval for fraternities and sororities, as well as code requirements that directly address concerns regarding noise, public disturbances, and other disorderly conduct, as summarized below. Page 21 of 90 Item 4a USE-0332-2025 Planning Commission Report – May 28, 2025 Requirements for Approval Per Table 2-1 of the Municipal Code (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) The Planning Commission’s role is to consider the above -discussed violations and determine what modifications, if any, to the Use Permit conditions are necessary for the Planning Commission to make the required findings for continued use of the property as 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 f or 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 1998, there have been incremental improvements as codif ied 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 Page 22 of 90 Item 4a USE-0332-2025 Planning Commission Report – May 28, 2025 2.0 PROJECT ANALYSIS Staff evaluated the fraternity and its 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-0332-2025, 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 0.1-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 preced ed by a 24-hour notice to the residents. The project site contains an existing multi-family apartment complex with a total of approximately 13,764 square feet and 26 bedrooms. The fraternity shall be limited to a maximum of 35 residents (approximately 393 square feet per resident), consistent with the prior Use Permit approval. The proposed maximum occupancy allows for 17 bedrooms to each house one (1) resident, and nine (9) bedrooms to be shared by 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 23 of 90 Item 4a USE-0332-2025 Planning Commission Report – May 28, 2025 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 a t 1236 Monte Vista Place is approximately 0.66-acre in size, which results in an average of 36.3 people for the property. Based on past practice, including recent City Council and Planning Commission actions, the maximum number of people for routine meetings and gatherings for this fraternity shall be limited to 54 people (rounded down from 54.45 = 36.3 people x 1.5) (Condition No. 4). This proposed condition includes a slight increase of one (1) person from the 53 people allowed for routine gatherings unde r the original approval of Use Permit, U106 (Condition No. 4 of Resolution No. 5230-98), but would align with current practice of calculating gathering limits to provide consistency across all fraternity and sorority use permits.  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. 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 automatically 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. 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. The “responsible parties” are those that cause, maintain, allow, or are otherwise responsible for actions regulated by this Use Permit, or those that have an ownership interest in the real property (Condition No. 6). Page 24 of 90 Item 4a USE-0332-2025 Planning Commission Report – May 28, 2025 Parking Requirements Per Table 3-4 (Parking Requirements by Use) in Section 17.72.030 (Required parking spaces), a fraternity is required to provide one (1) space per 1.5 occupants or 1.5 spaces per bedroom, whichever is greater. With a total of 35 residents and 26 bedrooms, the fraternity would be required to provide 39 spaces (i.e., the greater calculation based on bedroom count) under the current parking requirement. It is noted that a minimum of 32 spaces were required as part of the original Use Permit approval (Condition No. 2 of Resolution No. 5230-98), which is consistent with the parking space capacity of the apartment complex. Since there is no additional development (i.e., new construction or addition) or change in use proposed as part of this re-review per Section 17.72.060 (Nonconforming Parking), the fraternity use may continue by maintaining a nonconforming number of 32 spaces onsite (Condition No. 8). To facilitate the use of active transportation and address potential impacts on street parking by the fraternity, a minimum of 35 bicycle parking spaces (one bicycle space per bed), consistent with current requirements for 35 residents in Table 3-6 (Required Bicycle Parking) of Section 17.72.070 (Bicycle parking standards), shall be required (Condition No. 9). This condition would increase the number of bicycle spaces from 10 to 35 for the site. 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 more recent use permit fraternity conditions, to address concerns related to noise and large gatherings:  Condition No. 2 establishes a clear threshold for re-reviews should future violations occur. The condition requires the Planning Commission to re -evaluate the Use Permit if the fraternity receives three (3) citations within any 12-month period for a violation of law or permit condition that (a) are not contested or are upheld on appeal, and (b) the conduct for which the citations were issued resulted in adverse impacts to, or complaints from, residents or occupants of the surrounding neighborhood. o Note – This condition would replace procedures for handling complaints and re-reviews identified in Conditions No. 11 of the original Use Permit, U106.  Condition No. 4 limits routine meetings and gatherings to 54 people. Any event that includes more than 54 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. 4, 5, and 7 of the original Use Permit, U106.  Condition No. 10 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. Page 25 of 90 Item 4a USE-0332-2025 Planning Commission Report – May 28, 2025 o Note – This condition would directly address noise concerns and replace Condition No. 5 of the original Use Permit, U106. 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. 10 was written to directly address noise concerns related to the fraternity use 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. 11 requires that the fraternity establish and maintain ongoing communication with its neighbors in the vicinity. o Note – This condition would address concerns related to neighborhood relations and replace Condition No. 6 of the original Use Permit, U106.  Condition No. 12 states that amplified noise-generating activities are prohibited.  Conditions No. 4, 11, and 12 clarify that any requested exceptions from the Noise Ordinance will not be approved by the Director. 2.3 Other Proposed Changes to the Conditions As part of the re-review, staff recommends revising the conditions to (a) reflect updated language for consistency with more recent approvals and (b) identify the necessary corrective actions based on current violations. Other Conditions with Updated Language Limitations and/or requirements detailed in Conditions No. 1, 2, 3, and 12 of the original Use Permit, U106, regulate the number of residents and parking spaces, require routine property maintenance, and clarify the grounds for revocation. These requi rements are addressed as updated conditions and have been incorporated as recommended Conditions No. 3, 7, 8, and 14 in the re-review. Conditions Proposed for Removal Conditions No. 8, 9, and 10 of the original Use Permit, U106, pertain to property improvements (e.g., permitting signage, landscaping, and trash enclosure area) that have been satisfied as part of the initial review. Therefore, these conditions have been r emoved from the recommended conditions of this re-review. It is also noted that these aspects of the property, including any future proposed changes, would continue to be regulated by Municipal Code standards related to signage and general maintenance. Page 26 of 90 Item 4a USE-0332-2025 Planning Commission Report – May 28, 2025 Proposed New Condition To comply with the provisions of Title 15 Buildings and Construction, Condition No. 13 was added to address the violations regarding the unpe rmitted conversion of non- habitable space (e.g., balconies and decks) to sleeping areas. The c ondition includes an expected time frame for work to be completed – six (6) months following the May 28, 2025 Planning Commission re-review hearing or prior to leasing the affected residential units to new tenants for the next academic year. It has been more than three years since Code Enforcement provided the property owner with notice of the violations, yet the four units remain in their unpermitted status. The provided time frame requires corrections to be completed sooner, rather than allowing fraternity members to continue living in unpermitted and potentially unsafe conditions. 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-0332-2025) B. PC Resolution No. 5230-98 (Approval of the Original Use Permit, U106) C. Notice to Correct Code Violation(s), dated November 2, 2021 D. Notice to Correct Code Violation(s), dated March 19, 2025 Page 27 of 90 Page 28 of 90 RESOLUTION NO. PC-XXXX-25 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 A FRATERNITY AT 1236 MONTE VISTA PLACE. 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 MAY 28, 2025 (USE-0332-2025) 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 August 12, 1998, for the review of a Use Permit to allow a fraternity (Kappa Sigma) at 1236 Monte Vista Place (Resolution No. 5230-98 (1998 Series)); and WHEREAS, after Kappa Sigma vacated the project site, Delta Chi began residing at the project site in 2012 and continued the use as a fraternity organization under the provisions of Use Permit, U106; and WHEREAS, the City received complaints, and the Police Department issued three citations relating to noise violations during the current Cal Poly academic year (September 2024 to present, May 2025) and Code Enforcement issued a Notice of Violation in March 2025 relating to the multiple, verified violations of the existing Use Permit; 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 May 28, 2025, for the re-review of a Conditional Use Permit to allow the continuation of the fraternity at 1236 Monte Vista Place, pursuant to a proceeding instituted under USE-0332-2025; Delta Chi, applicant; and WHEREAS, at said public hearing, the Planning Commission considered all evidence, including documented violations, testimony of the applicant and general public and evaluation, and recommendations by staff; and WHEREAS, notices of said public hearings were made at the time and in the manner required by law. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of San Luis Obispo as follows: SECTION 1. Findings. The Planning Commission hereby approves the Conditional Use Permit to allow the continuation of the fraternity (USE-0332-2025), based on the following revised findings: Page 29 of 90 Resolution No. PC-XXXX-25 Page 2 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 35 residents complies with the group housing maximum occupancy limits, (b) the parking configuration would provide 32 required spaces, consistent with the nonconforming parking space capacity of the apartment complex per Section 17.72.060 of the San Luis Obispo Municipal Code (Nonconforming Parking), and (c) the required 35 bicycle parking spaces complies with current bicycle parking requirements per Section 17.72.070 (Bicycle parking standards). 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 continue to (a) be in proximity to other dense group housing (i.e., other fraternities, sororities, multi-family, etc.), (b) be located within walking distance (i.e., within 0.1-mile) of the Cal Poly campus, and (c) utilize an existing developed multi-family property. 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 is served by City utilities. The project utilizes an existing developed multi-family 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 30 of 90 Resolution No. PC-XXXX-25 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 conditions of approval. The project does not include the 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 Planning Commission hereby approves the Conditional Use Permit to allow the continuation of the fraternity (USE -0332-2025), 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 May 28, 2025, 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 conduct on the permitted premises results in three (3) citations within any 12-month period for a violation of law or permit condition that (a) are not contested or are upheld on appeal, and (b) the conduct for which the citations were issued resulted in adverse impacts 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, 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 35 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 31 of 90 Resolution No. PC-XXXX-25 Page 4 4. Routine meetings and gatherings for the fraternity shall be limited to a maximum of 54 people (rounded down from 54.45 = 36.3 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 54 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. Presence of more than 54 people at the property without valid approval from the Community Development Director shall be considered a violation of this Conditional Use Permit. 5. The fraternity shall remain affiliated and in good standing with the Interfraternity Council of Student Life and Leadership at California Polytechnic Universit y, San Luis Obispo. If the fraternity becomes unaffiliated or is no longer in good standing, the Conditional Use Permit shall be automatically revoked. 6. 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. The “responsible parties” are those that cause, maintain, allow, or are otherwise responsible for actions regulated by this Use Permit, or those that have an ownership interest i n the real property. 7. The property shall be maintained in a clean and orderly manner and in compliance with the Municipal Code. 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 32 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. Within 60 days of the re-review hearing with the Planning Commission on May 28, 2025, the fraternity shall install a minimum of 35 bicycle spaces (one for each resident) and contact the City for a follow-up inspection to verify that all required bicycle spaces have been installed. 10. The fraternity use shall comply with Table 1 (Exterior Noise Limits) of Section 9.12.060 (Exterior Noise Limits) of the San Luis Obispo Municipal Code between the extended hours of 10:00 p.m. and 9:00 a.m. Page 32 of 90 Resolution No. PC-XXXX-25 Page 5 11. 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 all occupants residing 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. 12. Live entertainment, bands, and/or amplified sounds are prohibi ted, unless otherwise approved through a special event by the Community Development Department. No exception from the Noise Ordinance shall be approved by the Director as part of the special event. 13. Unless otherwise approved by the Community Development Director, the building permits to resolve the open code enforcement case regarding unpermitted conversion of non-habitable space (e.g., balconies, decks, and sunrooms) to sleeping areas shall be finaled within six (6) months following the May 28, 2025 Planning Commission re-review hearing or prior to leasing the affected residential units to new tenants for the next academic year, whichever occurs first. Failure to complete the required work to resolve the open code enforcement case within the preceding timeframe shall result in the automatic revocation of this Conditional Use Permit. 14. 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 considered a violation of this Conditional Use Permit and may constitute grounds for the revocation of this permit. Page 33 of 90 Resolution No. PC-XXXX-25 Page 6 Effect of Resolution This Resolution repeals and replaces Resolution No. 5230-98 (1998 Series). The Conditional Use Permit to allow the continuation of a fraternity at 1236 Monte Vista Place is subject to the revised conditions stated in this Resolution. Indemnification 1. The applicant shall defend, indemnify, and hold harmless the City and/or its agents, officers and employees from any claim, action or proceeding agai nst 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 Commissioner ______, seconded by Commissioner ______, and on the following roll call vote: AYES: NOES: RECUSED: ABSENT: The foregoing resolution was passed and adopted this 28th day of May 2025. ___________________ Tyler Corey, Secretary Planning Commission Page 34 of 90 Page 35 of 90 Page 36 of 90 Page 37 of 90 Page 38 of 90 Notice to Correct Code Violation(s)/Notice of Violation (Courtesy Warning Prior to Issuance of Administrative Citation) November 2, 2021 Kimberly J Ernst PO Box 4616 Santa Clara, CA 95056 SUBJECT ADDRESS: 1236 Monte Vista Place #16,18,19, San Luis Obispo, CA 93405 APN: 052-071-028 Code Case #: CODE-610-2021 Dear Property Owner, On October 25, 2021, 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. Permit Required (SLOMC 15.02.010, California Residential Code 105.1) “Any owner or owner’s authorized agent who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be performed, shall first make application to the building official and obtain the required permit.” 2. Improper Occupancy (SLOMC 15.02.010, Uniform Housing Code 1001.14) “All buildings or portions there-of occupied for living, sleeping, cooking or dining purposes that were not designed or intended to be used for such occupancies shall be considered substandard.” During the annual Fire Inspection, it was discovered that the deck of units 16, 18 and 19 have been enclosed and are being used as sleeping areas. This was done without permits and is not habitable space. Please contact our Planning Department at 805-781-7170 to determine if the space can be permitted as a sleeping area. If not, a demo permit will be required to return the decks to their allowed use. Use of the space shall cease immediately. ALL REQUIRED WORK MUST BE COMPLETED WITHIN 90 DAYS OF PERMIT ISSUANCE. We request that you voluntarily take action to correct the above noted violation(s) no later than December 2, 2021. 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. 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 via email at code@slocity.org or to 919 Palm Street, San Luis Obispo, CA 93401, 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. Page 39 of 90 We look forward to working with you to resolve these violations and would like to thank you for your effort s 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 Page 40 of 90 Notice to Correct Code Violation(s)/Notice of Violation (Courtesy Warning Prior to Issuance of Administrative Citation) March 19, 2025 Michael Ernst PO BOX 4616 Santa Clara, CA 95056 SUBJECT ADDRESS: 1236 Monte Vista Pl San Luis Obispo, CA 93405 APN: 052-071-028 Code Case #: CODE-000086-2025 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 corporation, 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: 1. 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.” Conditions number four, five, six, and seven of the use permit associated with the property indicate that: “4. The maximum number of persons allowed on the site for routine meetings an gatherings is 53, 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. 5. No meetings, parties, or other types of similar activities involving persons other than residents are allowed between the hours of 10 PM and 9 AM, except as approved by the Commun ity Development Director. 6. The applicant shall institute and maintain a neighborhood relations program. This plan shall include at least the following elements: *Annual training of all members in community relations. *A program to inform neighbors of upcoming events at the house. *Submission of names and telephone numbers of responsible persons, including alumni president and chief financial officer, to the Community Development and to the neighbors within two blocks of the house. Responsible person 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 the director for review each year. Failure to exercise reasonable efforts to implement said plan may be grounds for revocation of this permit Page 41 of 90 7. Events, including meetings or parties, on site, shall be limited to those listed on a meeting and activities schedule, submitted to and approved by the Community Development Director in the fall of each year. Exceptions to this schedule must be approved by the Community Development Director. If the Director determines the change is significant and may have an adverse impact on the neighborhood, then it will be referred to the Planning Commission for consideration.” There are multiple confirmed administrative citations, noise violations, and police contacts between 01/01/2025 and 03/03/2025. 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. 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 via email at code@slocity.org or to 919 Palm Street, San Luis Obispo, CA 93401, 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 at (805) 440-9825 or rsalem@slocity.org. Sincerely, RAMI SALEM Rami Salem, Code Enforcement Technician & Safe Housing Coordinator Cc: File Enclosures: Request for Directors Review Page 42 of 90 Page 43 of 90 Page 44 of 90 1 Fraternity Conditional Use Permit Re-review USE-0332-2025 (1236 Monte Vista Place) Planning Commission Hearing –May 28, 2025 2 Recommendation Adopt the Draft Resolution to modify the Conditional Use Permit, based on updated findings and subject to revised conditions of approval. 3 Project Site High-Density Residential (R-4) Zone Developed property of two-and three-story multifamily structures with 26 bedrooms and various site improvements Irregularly-shaped lot with access from Monte Vista Place In proximity to other fraternities and multi-family residences; northern boundary abuts Cal Poly SLO campus 4 Fraternity Background Original Use Permit (U106) Approval in 1998 Kappa Sigma fraternity at 1236 Monte Vista Place Limits residents to maximum of 35 people and gatherings or events to 53 people Delta Chi moved to 1236 Monte Vista Place in 2012 and continued use as fraternity under U106 History of Violations Unpermitted construction –Notice of Violation issued Nov. 2021 by Code Enforcement Fraternity use violations •3 Police Dept. citations issued this current academic year (Sept 2024 –now) o 2 noise violations with 1 successfully appealed, and 1 unruly gathering violation •Code Enforcement issued a Notice of Violation on March 19, 2025 5 Scope of Re-review Conditional Use Permit (USE-0332-2025) Re-review Condition No. 11 of U106 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 6 Municipal Code Changes (since 1998) 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 contacts (Condition No. 6) 7 Municipal Code Changes (since 1998) 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 8 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 54 people; approval of special event permit required for events with more than 54 people Condition No. 10 –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. 11 –require fraternity to establish and maintain ongoing communication with neighbors Condition No. 12 –prohibit amplified noise-generating activities Conditions No. 4, 11, and 12 –clarify that any requested exceptions from the Noise Ordinance will not be approved 9 Recommended Revisions Revised Conditions with Updated Language Conditions No. 1, 2, 3, and 12 of U106 related to number of residents and parking spaces, routine property maintenance, and the grounds for revocation are reorganized with updated language as Conditions No. 3, 7, 8, and 14 Removed Conditions Conditions No. 8, 9, and 10 of U106 related to property improvements that have already been satisfied (e.g., signage, landscaping, and trash enclosures, etc.) 10 Recommendation Adopt the Draft Resolution to modify the Conditional Use Permit, based on updated findings and subject to revised conditions of approval.